§ 18.60.150 — Outdoor Displays and Sales

A. Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Displays and Sales. Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these regulations is to encourage Outdoor Displays and Sales that are compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance of unrestricted clutter. B. Permit Requirements. 1. All Outdoor Displays and Sales that are subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards). 2. When a Minor Use Permit is required, in order to approve proposed Outdoor Displays and Sales, the Director shall make the standard findings required for the Minor Use Permit, as well as all the following additional findings: a. Allows a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that would not obstruct fire, pedestrian, and wheelchair access. b. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. c. Allows an unobstructed view of traffic devices. C. Exemptions. The following uses shall be exempt from the requirements for a Minor Use Permit, provided that the uses comply with all other requirements of this Section: 1. The seasonal sale of Halloween pumpkins or Christmas trees and greenery (regulated by Chapter 18.122 (Temporary Use Permits). 2. The selling of any product from the sidewalk area of a public street. 3. The placement or maintenance of news racks within the public right-of-way in compliance with the applicable provisions in the SCCC. 4. The vending of beverages, goods, wares, or merchandise for the use of an on-site business when the vending facility remains on the site for one hour or less in any 24-hour period, including Mobile Food Vendors in compliance with Section 18.60.280 (Mobile Food Vendors). D. General Development Standards. The following general standards shall apply to all Outdoor Displays and Sales activities. 1. Location. Outdoor Displays and Sales shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation. The Outdoor Displays and Sales shall not encroach upon or be located within required setbacks or public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, required parking spaces, pedestrian walkways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. 2. Hours of Operation. Except as otherwise provided, hours of operation for Outdoor Displays and Sales shall be consistent with those for the primary use. 3. Signs. No additional business identification or advertising signs for the Outdoor Displays and Sales may be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards). 4. Maintenance. Outdoor Displays and Sales areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk areas as follows: all Outdoor Displays and Sales areas shall leave a minimum horizontal clear space of six feet, or greater if the Director of Public Works determines necessary for safe pedestrian access to the sidewalk area. 5. Waste Collection and Disposal. Solid waste collection, recycling, and/or disposal shall be provided. 6. Quality of Materials. Any Outdoor Displays and Sales area shall use high quality materials compatible with surrounding uses and structures. For example, inexpensive plastic is not compatible with permanent higher quality surrounding materials and structures. 7. Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no Outdoor Displays and Sales area shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit. However, a Minor Use Permit shall not be required for the following activities when located less the 100-foot separation requirement: a. Service windows for pedestrians or automatic teller machines for pedestrians; b. Plant nursery sales accessory to an indoor retail use, which outdoor sales area is no greater than 15 percent of the gross floor area of the retail use; and c. Display or storage of up to two on-site vehicles associated with the sale, lease, or rental of vehicles with no vehicle service, repair, cleaning, or fueling. E. Developmental and Operational Standards for Outdoor Displays and Sales. The following standards shall apply as applicable to the specific type of use: 1. General Standards for Permanent Outdoor Displays and Sales. The following standards shall apply to all permanent Outdoor Displays and Sales activities: a. Associated with the Primary Use. All Outdoor Displays and Sales activities shall be associated with the primary use of the parcel. Only those goods and services associated with the primary use may be stored, sold, or displayed. b. Maximum Area. Unless otherwise authorized by a Minor Modification, the area used for permanent Outdoor Displays and Sales of materials shall not exceed 10 percent of the gross floor area of the corresponding commercial structure. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other Zoning Code requirements are satisfied. c. Display Space. The aggregate display area shall not exceed 25 percent of the linear frontage of the storefront or six linear feet, whichever is greater, and items may not project more than four feet from the storefront. d. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees), shall not exceed a height of six feet above finished grade, unless a greater height is allowed through Minor Modification approval. e. Safety Hazards. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any structure; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding parcel; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. The existence of a safety hazard(s) shall be determined by the Director. 2. General Standards for Outdoor Vending Machines. The following standards shall apply to all outdoor vending machines: a. Not more than two outdoor vending machines shall be allowed for a use with up to 25,000 square feet of floor area, and not more than five outdoor vending machines shall be allowed for a use with 25,000 square feet or more of floor area. b. Outdoor vending machines shall be located immediately adjacent to a structure. c. Outdoor vending machines shall be located a minimum distance of 150 feet away from any dwelling or the parcel line of any Residential or (the residential component of a) Mixed-Use Zoned Property or any school facility. d. Vending machines shall not obstruct pedestrian or vehicular access.