§ 22.42.080. Outdoor display and sales standards.

This section provides development and operational standards for outdoor uses, including temporary outdoor display and sales (subsection (1), below), permanent outdoor display and sales (subsection (2), below) and outdoor dining and seating areas (subsection (3), below).

(1)

Temporary outdoor displays and sales. Temporary outdoor displays and sales may be allowed with the approval of a temporary use permit, in compliance with the following standards. In approving an application for a temporary use permit, the director may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by section 22.50.060 (Action by the director). These conditions may address any pertinent factors affecting the operation of the temporary event or use, and may include the following:

a.

Fixed period of time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed ten consecutive days;

b.

Landscaping. Landscaping may be required to ensure that the event has a pleasing appearance and is adequately screened, subject to the approval of the director;

c.

Nuisance factors. Regulation of nuisance factors including, but not limited to, prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, waste and vibration;

d.

Operating hours. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in subsection (1)a., above;

e.

Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, in compliance with chapter 22.30 (Off-Street Parking and Loading Standards);

f.

Performance bond. Submission of a performance bond or other surety measures, satisfactory to the director, may be required to ensure that any temporary facilities will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, or other evidence of the event, and the site restored to its former condition;

g.

Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;

h.

Security. Provision for security and safety measures, if applicable;

i.

Setbacks. Provision of appropriate setbacks to ensure separation from adjacent land uses and a safe environment for pedestrians and vehicles, subject to the approval of the director;

j.

Signs. Regulation of signs, in compliance with chapter 22.36 (Signs);

k.

Temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

l.

Waste collection and disposal. Provision for solid, hazardous, and toxic waste collection, recycling and/or disposal;

m.

Development code compliance. A requirement that the approval of the requested temporary use permit is contingent upon a finding, by the director, that the operation will be in compliance with the applicable provisions of this section, the Development Code and successful approval of all required permits from another department(s) or governing agency; and

n.

Other conditions. Other conditions that will ensure the operation of the proposed temporary event in an orderly and efficient manner.

(2)

Permanent outdoor displays and sales. The permanent outdoor display/sale of merchandise shall comply with the following standards and shall be subject to the approval of a minor conditional use permit, in compliance with chapter 22.56 (Minor Conditional Use Permits), unless a conditional use permit is specifically required below:

a.

Height of displayed materials. The outdoor display of merchandise shall not exceed a height of seven feet above finish grade. Heights greater than seven feet may be allowed subject to the approval of a conditional use permit, in compliance with chapter 22.58 (Conditional Use Permits);

b.

Location. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of ten feet from adjacent property line(s) unless otherwise allowed through the approval of a conditional use permit, in compliance with chapter 22.58 (Conditional Use Permits);

c.

Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic;

d.

Relationship to main use. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel;

e.

Screening required. Outdoor sales and activity areas shall be screened from adjacent public rights-of-way by decorative walls, fences and/or landscaping in compliance with section 22.16.080 (Screening and buffering). Screening shall be provided to a height of one foot above the approved height of the merchandise and materials being displayed; and

f.

Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.

(3)

Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a minor conditional use permit, in compliance with chapter 22.58 (minor conditional use permits) and the following standards:

a.

Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the state department of alcoholic beverage control, and the following standards:

1.

Accessible. The dining area shall be accessible from inside the restaurant only, unless the director waves this requirement in circumstances where this is not feasible or practical;

2.

Physically defined. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant serves; and

3.

Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages.

b.

Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements:

1.

Parking calculations. Off-street parking requirements shall be calculated in compliance with chapter 22.30 (off-street parking and loading standards). The director may reduce or waive parking requirements for outdoor dining areas less than 400 square feet in area that are operated on a seasonal basis; and

2.

Additional off-street parking. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas.

c.

Cleanup facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate cleanup facilities, and associated procedures, in the following manner:

1.

Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and

2.

Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees.

d.

Design compatibility. Outdoor dining and seating areas are subject to compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented:

1.

Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s);

2.

Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in chapter 22.28 (noise control);

3.

Pedestrian experience. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience;

4.

Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise;

5.

Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas;

6.

Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed-use projects;

7.

Setbacks. Outdoor dining and seating areas shall be set back a minimum of five feet from property lines or parking lots and shall not encroach on to the public right-of-way.

8.

Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate.

9.

Americans With Disabilities Act. Outdoor dining shall meet ADA requirements.

e.

One year review required. Minor conditional use permits for outdoor dining and seating areas are subject to review after one year, at which time the director shall conduct a study to determine if adverse impacts have resulted from the use. If none are found, then a permanent conditional use permit may be granted.

f.

[Waive permit process.] The director may waive the minor conditional use permit process for outdoor dining in connection with an existing approved restaurant if the outdoor dining does not exceed an occupancy of eight patrons and meets the development standards in this section (section 22.42.080, outdoor display and sales standards).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)