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HomeMy WebLinkAbout08-10-16 YPC PacketDEPARTMENT OF COMMUNITY DEVELOPMENT Platining Division AIM P Joan Davenport, AICP, Director 111WQTY r" YA`�°M� 129 North Second Street 2„d Floor Yakima, ') ('° i n � a ma, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC MEETING City Hall Council Chambers Wednesday August 10, 2016 3:00 p.m. - 5:00 p.m. YPC Members: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Tom Trepanier Council Liaison: Mayor Avina Gutierrez Ci!y Planning Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Trevor Martin (Associate Planner); Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of July 27, 2016 VI. Discussion on Outdoor Displays of Merchandise VII. Discussion on Land Use Sign Removal Amendments VIII. Introduction to Codifying Right -of -Way Vacation Standards IX. Other Business X. Adjourn Next Meeting: August 24, 2016 Wa kirn a 2015 1994 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of August 10, 2016 Call to Order Chairman Scott Clark called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose, Bill Cook, Gavin Keefe, YPC Members Absent: Peter Marinace (unexcused), Tom Trepanier (excused) Staff Present: Jeff Peters, Supervising Planner; Sara Watkins, Senior Assistant City Attorney; Trevor Martin, Associate Planner; Lisa Maxey, Department Assistant Others: Sign -in sheet in file Staff Announcements Supervising Planner Jeff Peters provided a brief overview of the items on the meeting agenda. He informed the Commission that Joan Davenport, Planning Manager, has requested the Commission to hold a special meeting on August 31St for a continued study session related to the Comprehensive Plan 2040 Update process. Commissioner Byers made it known that she likely cannot attend that meeting. Commissioner Rose, Clark, Cook, and Keefe indicated that they expect to be present. Audience Participation Bob West alerted the Commission of inappropriate advertisement on the northeast corner of 9th Street and Yakima Avenue, where a baby crib and handmade sign have been placed on the grass area between the strip mall and Yakima Ave. West then moved on to talking about food trucks, explaining that some are being used as a semi-permanent structure and have indoor seating, siting an example at 7th Street and Nob Hill Boulevard. Lastly, he mentioned that there are bright yellow signs placed high up on power poles that are creating distractions at busy intersections such as Nob Hill Boulevard and 18th Street. Approval of Meeting Minutes of July 27h 2016 Commissioner Cook made a motion to approve the meeting minutes of July 271h, 2016. The motion was seconded and carried unanimously. Discussion on Outdoor Dis la s of Merchandise Peters explained City Council's request to the Planning Commission to consider the issue of outdoor displays of merchandise. Sara Watkins, Senior Assistant City Attorney, detailed how the current Municipal Code addresses outdoor displays, falling under the term "outside promotional sales". She went over the various options the Planning Commission could consider if they decide it is appropriate for them to regulate this issue. Watkins explained the results of her research of how other municipalities are regulating outdoor display of merchandise. Discussion ensued relating to right of way use permits, access issues for stores that are close in proximity, emergency access concerns, and aesthetic matters. Audience member Shannon Bird voiced her concerns as a business owner and resident of Yakima, highlighting the specific issue of explicitly indoor items being displayed -1- outside. She also expressed her frustrations with nude or inappropriately dressed mannequins next to one of her businesses, as these displays make customers and other pedestrians uncomfortable. Bird emphasized that this could become a growing trend. She also shared some of her research of ordinances from other cities regarding this dilemma. Audience member Shirley Puryear talked about mannequins on 1st Street as well as on 9th Street and Nob Hill Boulevard and how these could have a negative effect on Yakima's wine tourism industry. Audience member Bob West talked about how damaging these outdoor displays are to the image of the city. He listed some areas of the city where mannequins are a problem. The Commissioners discussed their apprehension with regulating outdoor displays and the effect it will have on the freedom of business owners. Commissioner Rose highlighted that the number of mannequins and other outdoor displays is overpowering. Discussion took place pertaining to the difficulty of regulating amount or size of display, displays in parking areas, the necessity of the code being clear so that it can be enforced, transactions occurring inside the building of the business, and the concepts of "incidental use" and "accessory use". Sara Watkins reminded the Commission that the definition of "sign' will be reviewed and likely be modified. Chairman Clark suggested considering the distance of these displays from the travelled public right of way. General discussion was held on the possibility of nuisance cases associated with adverse effects of outdoor displays on business owners. The Commission directed Watkins to research examples of other city ordinances regulating the number of square footage of allowed outdoor displays, ways to reduce the negative impact these displays can have on surrounding property owners, incidental uses, the definition of sign and temporary sign, and uses permitted via right of way use permits. Discussion on Land Use Sign Removal Amendments Peters explained that this item of land use sign removal amendments was discussed earlier in the year and then tabled. Commissioner Rose, Cook, and Byers voiced their agreement with option 5, which is to have the City be responsible for removal of the sign with the cost of the production and removal added to the application fee. Peters added that a fee increase to land use application which was done in the 1990s included the cost of making the sign but not removing them. He also informed the Commission that Planning is conducting a fee study on the current land use application fees. Chairman Clark stated that sending a letter quarterly, as Planning has done once already this year, to the property owners who have gone through a process requiring posting a land use action sign would be the least intrusive solution. Commissioner Cook articulated language can be added to the land use posting certificate stating that the applicant may be charged with the city's cost of removing the sign if not removed within 30 days after a decision has been rendered on the project. Commissioner Cook made a motion to draft findings that would revise the Planning Division's procedures and language on the land use action certificate of posting form to indicate that land use action signs must be removed within 30 days after the decision has been rendered or the applicant may be charged with the city's cost to remove the sign from the property. The motion was seconded and carried unanimously. Introduction to Codifying Right -of -Way Vacation Standards Trevor Martin explained that there is not a section in the Municipal Code specific to right- of-way vacation procedures, so the city currently bases their procedures solely on a resolution that was passed and provisions in the Revised Code of Washington. Consequently, there have been issues and confusion during two recent right-of-way vacation application processes. He went over his draft of the new code section. Discussion ensued regarding placement of this section within the Yakima Municipal Code, compensation exemptions, application submittal requirements, council initiated right-of- way vacations, and land value. The Commission had consensus to include a 5 year time frame in section 14.21.050(4) of the draft ordinance. Other Business Peters informed the Commission that he will bringing back some of the issues from this meeting at the next meeting on August 24th. Adjourn A motion to adjourn to August 24, 2016 was passed with unanimous vote. This meeting adjourned at 5:15 p.m. Chairman Scott Clark Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Department Assistant II -3- City of Yakima Planning Commission City Hall Council Chambers Wednesday August 10, 2016 Beginning at 3:00 p.m. Public Meeting *PLEASE WRITE LEGIBLY' ANY '%, Add �I t.{ �s Page 1 2016 YPC Meeting DEPARTMEAT 200 South Third Shwe Yakima, Washington 96901 (509M5-6M Fax (509 575-6160 August 5, 2016 TO: Chairman Clark and Members of the Planning Commission FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Mannequins and Outdoor Promotional Display Sample Language from other Jurisdictions in Washington as well as other states Dear Chairman Clark and Planning Commission Members. City Council requested that the Planning Commission evaluate whether there needed to be regulations regarding the use of mannequins to display merchandise outside of the retail establishment, along entryways, parking lots and other similar outdoor locations adjacent to the retailer. I reviewed codes from across the state and provide you with the following information for your review and discussion. As a preliminary summary of your options, I believe that the Planning Commission may choose to recommend one, or more, of the following to City Council: 1. Regulate, allow or ban outdoor merchandise displays by zone; 2. Regulate outdoor merchandise displays through the sign code; 3. Regulate outdoor merchandise displays by type of merchandise; 4. Recommend enacting a temporary use permit for all outdoor displays; 5. Recommend the City Council evaluate whether it should amend the current outdoor promotional display ordinance found in Title 5; 6. Determine that there is no need for any further action. 1. The current Outside Promotional Sales ordinance in Yakima. Yakima currently has an ordinance that regulates outside promotional sales, found under Chapter 5.53, and attached in full hereto for your reference as Exhibit 1. It states in summary as follows: Outside sales must be conducted to comply with building code, sanitation, fire and electrical codes and cannot be a nuisance or interfere with neighboring property owner's comfortable enjoyment of their property. anning Commission Outdoor Product Displays and Mannequins August 5, 2016 Page 2 2. Outside sales cannot reduce the off-site parking spaces below the minimum requirements of the Yakima Municipal Code. 3. Outside sales in the B-2 district require a $10.00 permit and can only be conducted for less than 28 consecutive days. Only four such sales can be conducted at the same location in any calendar year. Therefore, outside sales of merchandise are allowed freely in all zoning codes except the B-2. In all zoning codes other than the B-2, such sales must not become a nuisance (i.e. be loud or emit noxious odors or otherwise interfere with the use of another's property) and must follow code requirements, including maintaining the minimum number of required parking spaces for the business. In the B-2 a permit is required, with some limitations. Further, businesses are not allowed to obstruct public rights-of-way without permits under YMC 8.20. Businesses also must adhere at all times to the requirements of off- street parking spaces under YMC 15.06. 2. Ordinances in other jurisdictions in Washington regarding outdoor sales, outdoor product displays, and mannequins. Other jurisdictions have a number of ordinances regulating outdoor sales and displays. A. Mannequin specific legislation in Washington A small number of jurisdictions have mannequin specific legislation. Only Renton and Lacey mention mannequins specifically in their codes. Renton states that mannequins are not considered window signs when they are visible from the exterior. Therefore, they do not count in the square footage of space that can be used for window signs. Lacey states that it is unlawful to use a mannequin to hold a sign displaying advertising. B. Outdoor Display of Merchandise ordinance The City of Edmonds has specific standards for outdoor displays of merchandise which place some limits on outdoor merchandise displays at businesses. Those limitations are: 1. The display must be in conjunction with an existing permitted use on the property and limited to merchandise sold by the business. 2. Displays cannot include signage. anning Commission Outdoor Product Displays and Mannequins August 5, 2016 Page 3 3. Free access to buildings must be permitted at all times in compliance with the building code and fire code. 4. No merchandise can be displayed on street furniture, planter boxes, dirt, or landscaped areas. 5. If a display is on public right of way it must obtain a permit. 6. All sales transactions must occur in the store. A copy of Edmonds's ordinance is attached hereto as Exhibit 2. C. Jurisdictions « zoning districts basis to allow outdoor product disgl�a)Ls and sales. There are a number of jurisdictions that use language in their code sections outlining the purpose of a zoning district to encourage, or discourage, outdoor sales and product displays. For example, in Richland, the explanation of the central business district includes a statement that encourages outdoor product displays. Alternatively, Lynnwood outlines that in the community business district outdoor product displays and outdoor uses by retailers and businesses such outdoor uses are excluded to encourage the concentration of indoor stores and shops. However, it does allow for such displays and uses in some circumstances, including incidental outdoor displays where all activities of sale are done inside. Lynnwood's ordinance (LMC 21.46.050) states as follows: 3. Community Business (B-1). The purpose of the Community Business zone is to create a diversified central business area, consisting of retail stores, offices, service establishments, recreation and entertainment, medical and professional services, and such other activities and uses, including municipal services, as are common to a central business district. By excluding most uses which rely on outdoor sales, display or storage, it is intended to encourage the concentration of a maximum variety of indoor stores and shops within the areas to which this classification is applied, as a contribution to the convenience of shoppers and patrons. It is recognized that the characteristics of the uses permitted in this classification produce an environment undesirable for residential purposes, and that the residential uses in a commercial area may decrease the capacity of business to render maximum services. For these reasons, most residential uses are excluded from this classification..... B. Outdoor Uses. All business uses and activities shall be located within an entirely enclosed building, except as indicated below: 1. General Regulations. Any uses and activities which are permitted to occur outdoors by LMC 21 A& 100, or by other provisions of this title, subject to the following: anning Commission Outdoor Product Displays and Mannequins August 5, 2016 Page 4 a. The use or activity shall not encroach on site screening or landscaping as currently required by this title or other city ordinances; b. The use or activity shall not block pedestrian traffic or fire lanes; c. The use or activity shall observe the same minimum front, side, and rear yards as apply to buildings, on sides adjoining public streets, except that such yards may be used for outdoor customer parking and for other uses and activities which are permitted outdoors; d. The highest point of any item displayed within that area shall be not more than six feet in height from an even grade and at least 10 feet from the right-of-way line; and e. Items which, in the opinion of the fire chief, present a potential fire hazard shall be located 15 feet from any interior property line and shall be arranged to provide 20 - foot fire lanes no more than 300 feet apart. 2. Incidental Outdoor Displays. For uses not included in the foregoing subsection (13)(1) of this section, incidental outdoor displays are permitted in conjunction with the indoor sales of similar merchandise conducted by the same business. Such displays shall be displayed on racks, pallets, or in neat stacks and shall be located in areas underneath marquees, canopies, or overhanging roofs. If no marquees, canopies, or overhanging roofs exist, such displays shall be not more than eight feet from the walls of buildings. All limitations specified in subsection (B)(1) of this section shall apply. 3. Business Serving Customers in Automobiles. Automobile service stations, drive-in restaurants, and other businesses which primarily service customers in automobiles as an inherent trait of the business shall not be permitted to store or display merchandise outdoors, except as specified herein and in subsections (B)(1) and (B)(2) of this section. Ferndale similarly discusses outdoor sales and displays in its purpose section of the commercial zoning districts: 18.44.010 Purpose of commercial use districts. A. City Center Zone (CC). The City Center zone is a zone classification intended to provide a location for a high-intensity grouping of retail, service, commercial and high- density residential uses that serve the adjacent neighborhoods, City residents, and businesses in a physical setting that encourages pedestrian activity, while maintaining the traditional downtown core as the identifiable community center. Uses within this zone shall be subject to the downtown architectural and site design standards (Chapter 18.47 FMC) contained in the Ferndale Municipal Code. This zone may be applied to some portions of the City that are designated either commercial or high- density residential under the City of Ferndale Comprehensive Plan. B. Mixed Use Commercial District (MXD). The mixed use commercial district is a zone classification intended to provide a wide range of retail business uses and services compatible with the core of the City and limited in scope to reflect the needs of the community. All activities except for off-street loading, parking, and servicing of vehicles shall be conducted within an enclosed building. Outdoor sales of merchandise are anning Commission Outdoor Product Displays and Mannequins August 5, 2016 Page 5 permitted on a limited basis; provided, that such sales are incidental to the primary use and are temporary (less than 30 days) in nature. Limited residential use may be allowed when incidental to the primary retail and commercial uses. Developments within the mixed use commercial district shall be subject to the retail design standards (Chapter 18.58 FMC) and Ferndale EAGLE program, where applicable. This zone may be applied to some portions of the City that are designated commercial under the City of Ferndale Comprehensive Plan. C. General Business Zone (C5/GBZ). The general business zone is a zone classification providing a use district for commercial establishments which require a retail contact with the public together with incidental shop work, storage and warehousing, or light manufacturing and extensive outdoor storage and display, and those retail establishments which meet the criteria of the C3 zone (retail business use district). The zone is not intended to include those uses whose primary purpose is residential or industrial in nature. This zone may be applied to some portions of the City that are designated commercial under the City of Ferndale Comprehensive Plan. D. Regional Retail Zone (C7/RRZ). The regional retail zone is a zone which will provide commercial and recreational uses which are intended to serve a wide geographic area beyond Ferndale's City limits. Such developments may include concentrated retail establishments with a variety of tenants, or a small number of large tenants. It is the intent of the City to encourage large projects in this zone, and to require that such projects reflect a master plan developed by the applicant and approved by the City. The City may approve mixed use development, including accessory residential development, subject to the planned unit development or binding site plan processes, and contingent upon an approved master plan. Puyallup also talks about outdoor displays in its commercial zoning descriptions in PMC 20.30.005.- (4) 0.30.005: (4) CB Community Business Zone. The CB zone is intended to provide for a full range of business, professional and personal service uses and consumer retail activity in well- designed, integrated developments. Multiple -family and senior housing may also be included as integral elements of mixed use developments. The size of CB zones may vary from smaller districts primarily intended to serve the Puyallup market to larger districts serving significant portions of Pierce County. The intent of this zone is to accommodate indoor retail and service activities in shopping centers, commercial malls and office complex environments. Outdoor displays and sales are to be allowed only as incidental or accessory activities to a primary use; land -intensive uses such as automobile sales are prohibited. (5) CG General Commercial Zone. The CG zone is intended to provide for retailing and other commercial services that serve the large market area surrounding the Puyallup community. Such commercial developments usually rely upon the automobile as their anning Commission Outdoor Product Displays and Mannequins August 5, 2016 Page 6 principal source of access. In contrast to the CB zone, some uses in the CG zone may require large tracts of land and involve outdoor display of products for sale (such as automobile sales). The CG zone is also intended to allow some uses which are quasi - light industrial in character. r� ill +rIWIT412 In some cases, sign codes are so broad that they could encompass mannequins—even those just wearing clothing and not holding a sign with words or logos. In Sequim, the sign code contains the following in SMC 18.58.065: 6. All Commercial Zone Areas – Outdoor Product Displays – On Site. Signs shall not be regulated by content but are typically and customarily used to advertise specific products for sale on on-site outdoor displays. Signs may be placed on outdoor product displays if: a. The sign does not exceed 25 percent of the face of the display on which the sign is located; b. The display contains only products actually available for sale at that site by the owner or occupant of the property; c. The displays are not located within the public right-of-way; d. The sign is removed when the product display is not located outside; e. Only one sign per product display shall be allowed; f. The display does not interfere with pedestrian traffic or obstruct view of vehicular traffic. This allows for signs to be placed on outdoor product displays and indicates that displays can only contain products available for sale, that they cannot be in the right-of- way, and that they cannot interfere with pedestrian traffic or vehicular traffic. Further, outdoor product displays are only allowed in commercial zone areas. The City of Buckley, on the other hand, defined "sign" to not include mannequins or outdoor product displays by stating that signs contain "graphics, symbols or written copy": "Sign" means any communication device, structure, or fixture that is intended to aid an establishment in identification and to advertise and/or promote a business, service, activity, or interest. For the purposes of this chapter, a sign shall not be considered to be a building or structural design, but shall be restricted solely to graphics, symbols, or written copy used for any identification, promotional, or advertising purpose. anning Commission Outdoor Product Displays and Mannequins August 5, 2016 Page 7 3. Ordinances outside the state of Washington. In some other states, jurisdictions have chosen to regulate what type of merchandise can be displayed outside. For example, the City of National City, California only allows certain businesses in the commercial, mixed-use and industrial zones to have outdoor displays of merchandise. Those types of businesses include nurseries, grocers, corner stores (only produce and flowers), building material yards, service stations and auto dealers. For other businesses to have outdoor merchandise displays in those zones, they have to go through the planning department who will decide if the display is "customary with that type of business and consistent with or comparable to the types of uses." Naples, Florida also allows certain types of merchandise to be displayed outdoors. Specifically, it allows outdoor displays for merchandise "appropriate for outdoor display and weather resistant." Plans for outdoor displays must be submitted to the City for approval based on safety, aesthetics and space. One of the considerations is that "outdoor display of merchandise is not intended to expand retail space...." Sunnyvale, California specifically prohibits the "outdoor display of wearing apparel, footwear, foodstuffs and furniture...." On the other hand, Escondido, California specifically allows outdoor display of retail merchandise with a permit and specifically lists "clothing," "food sales," and "jewelry," among other items. Other jurisdictions have regulated the number of mannequins that can be displayed at any given site. For example, Breckenridge, Colorado only allows one mannequin per business to be displayed on private property. Collingswood, New Jersey allows one mannequin per store as well, which shall only display clothing. Collingswood also requires that the mannequin be located no further than 4 feet past the front wall of the building. Spring Lake, New Jersey also only allows clothing to be displayed outdoors on one mannequin in the Spring Lake Business Improvement District. Clothing is not allowed to otherwise be displayed outdoors. Finally, in at least one jurisdiction, Sarasota County, Florida, outdoor displays are regulated through temporary use permits in a specific district of the County—the Siesta Key District. The temporary use permit allows outdoor displays in commercial areas in the district, with restrictions on location, height, and display area (including one mannequin). Copies of these code provisions are available upon request. 8/2/2016 Chapter 5.53 OUTSIDE PROMOTIONAL SALES Chapter 5.53 OUTSIDE PROMOTIONAL SALES 5.51010 Compliance with code—Nuisance prohibited. 5.53.020 Off-street parking—Interference with traffic prohibited, 5.,.51-03.a Permit required in B-2 zone—Fee. 5.51040 Frequency of sale in B-2 zone—Duration of sale. 5;,53,,,060 Severability. 5.53.010 Compliance with code—Nuisance prohibited. All sales where merchandise is displayed for sale outside the building where the business is carried on shall be conducted in such a manner so that the sale and the facilities used to conduct the sale shall comply in all respects with all sanitation, fire, electrical and building codes of the city of Yakima and so as not to create obnoxious odors, loud noises or other nuisances which may essentially interfere with the comfortable enjoyment of life and property by occupants of property in the vicinity of the premises where such sale is conducted. (Ord. 348 § 1, 1962). 5.53.020 Off street parking—Interference with traffic prohibited. Where an outside promotional sale is being conducted, off-street parking spaces shall not be reduced below the minimum requirements of Chapter 15.06 of this code; and all entrances to and exits from off-street parking areas and the business building shall be kept clear at all times. Loading, unloading and storage of merchandise shall be done on private property in such a manner so as not to interfere in any way with vehicular and pedestrian traffic on public ways or on the off-street parking area. (Ord. 93-55 § 1, 1993: Ord. 348 § 1, 1962). 5.53.030 Permit required in B-2 zone—Fee. No person, firm or corporation shall conduct a sale in a B-2 local business zone, where merchandise is displayed for sale outside of the building where the business is carried on without first obtaining a permit to do so and paying a fee of ten dollars for each sale. Only one permit shall be required where two or more persons, firms or corporations conduct such sales in a B-2 zone contemporaneously with each other and in the same general location. No permit shall be issued to conduct such a sale on premises where no business has been established prior to the time application for a permit is made, and such sale shall be of a character so as to be related and incidental to the established business. Application for such permit shall be made with the building inspector; and all information required by the building inspector, including a plot plan, necessary for the administration of this chapter shall be furnished by the applicant before a permit may be issued. (Ord. 348 § 1, 1962). 5.53.040 Frequency of sale in B-2 zone—Duration of sale. When any outside promotional sale is conducted in a B-2 zone, the duration of each sale shall be limited to not more than twenty-eight consecutive days. No more than four such sales shall be conducted at the same location in a B-2 zone in any calendar year. (Ord. 348 § 1, 1962). 5.53.060 Severability. In the event any section, subsection, subdivision, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or void, such adjudication shall not affect the validity of the remaining portions of this chapter which shall continue in full force and effect. (Ord. 348 § 1, 1962). http:/Nvww.codepublishing.com/WA/Yakima/ 1/2 8/2/2016 Chapter 5.53 OUTSIDE PROMOTIONAL SALES The Yakima Municipal Code is current through Ordinance 2016-005, passed June 7, 2016. Disclaimer: The City Clerk's Office has the official version of the Yakima Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. cl iu 1I+ met(,,) wow re e_rlfl h (httll,)Ihvwwyakornawa.gov/couindl/airsllm'Wed...argendo-mlin u lesJ , City Website: i°ottp.a:/'/www,yak'iryiawa.gov/ (i°ntt.p:/Avww.yaki i7iawa.gcv/) U http:/ www.codepublishing.comMA/Yakima/ 2/2 8/5/2016 Chapter 17.65 LIMITED OUTDOOR DISPLAY OF MERCHANDISE (15 hits) Chapter 17.65 LIMITED OUTDOOR DISPLAY OF MERCHANDISE Sections: 17.65.000 Purpose. 17.65.010 Standards. 17.65.000 Purpose. The purpose of this chapter is to provide reasonable limits on the outdoor display of merchandise in conjunction with a legally operating business. These criteria are intended to ensure that the limited outdoor display of merchandise may be permitted in order to assist the normal activities of a business while not creating a public health or safety hazard or a public nuisance. [Ord. 3320 § 1, 2000]. 17.65.010 Standards. A. The limited outdoor display of merchandise shall only be permitted in conjunction with an existing permitted use which occupies the subject property. Display items shall be limited to merchandise sold by the business or decorative items which relate to or complement the business. Display items shall not include signage which would otherwise require a sign permit under Chapter 20.60 ECDC. B. An outdoor display of merchandise shall: 1. Permit free access to all buildings and comply with access requirements imposed by the State Building Code as the same exists or is hereafter amended including, but not limited to, the Uniform Fire, Building and Barrier Free Codes; and 2. Not be placed in or on street furniture, parking meters, public signage, planter boxes, turf, dirt or landscaped areas nor beyond the edge of the business' street frontage. C. Displays within the public right-of-way shall require an encroachment permit under Chapter 18.70 ECDC and shall comply with all conditions applicable to such a permit. When located within the public right-of-way, display items shall be placed adjacent to the building and may encroach onto a maximum of two feet of the public sidewalk, except, however, that all clear zones identified as part of the encroachment permit shall be maintained. The outside area should be continuously supervised by the business to ensure that all clear zones are maintained. D. All sales transactions shall occur inside the building. [Ord. 3320 § 1, 2000], The Edmonds City Code and Community Development Code are current through Ordinance 4037, passed July 4, 2016. Disclaimer: The City Clerk's Office has the official version of the Edmonds City Code and Community Development Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. http://www.codepublishing.comNVA/Edmonds/ 1/2 8/5/2016 Chapter 17.65 LIMITED OUTDOOR DISPLAY OF MERCHANDISE http://www.codepublishing.comANA/Edmonds/ 2/2 1324 S. lst St. Mr „ 30 N. 2nd St. To: City of Yakima Planning Commission & Council Liaison From: Joan Davenport, Planning Manager & Jeff Peters, Supervising Planner Date: 4/22/2016 Re: Land Use Action Sign Removal Report During this past year's annual Comprehensive Map Amendment land use process, the City of Yakima Planning Commission received complaints from the public that appropriate public notice of land use applications was not provided by the city. The City's Municipal Code provides that timely Installation of Land Use signs and a posting affidavit are the responsibility of the proponent prior to a public hearing. The same concerned public later clarified their complaint to the Planning Commission stating that there were too many land use action signs posted throughout the city making it difficult to know which properties had a current land use application under review. As a result, the City of Yakima Planning Commission held a discussion on the topic on February 10, 2016, and requested that staff incorporate a deadline for removal of land use action signs into its update of the city's public notice procedures. On March 9, 2016, the Planning Commission reviewed an ordinance draft with further discussion over how and who should be responsible for removal of land use April 22, 2016 action signs that were left up beyond the 30 day deadline. As a result of the discussion, the Planning Commission and Council Liaison Avina Gutierrez gave direction to City staff to prepare a report which provides options and total cost for removal of land use action signs which exceed the 30 day posting deadline in the proposed ordinance amendments to Title 15 and 16 of the YMC. The information gathered for the below sign removal options include: a. Cost of sign: The City of Yakima now uses the City of Yakima Public Works Sign Shop to produce its Land Use Action Signs. The average cost of producing a land use sign is (Labor: $12.50; Parts: $25.00) $37.50. Previously, sign costs were an average of $70 each from a private sector supplier. b. Cost of sign removal: Cost of sign removal for land use actions signs is based on a one hour minimum call out for an average building inspector which takes into account gas, wages, administrative assistance, benefits, ect minus the difference in wages for that of a code enforcement officer. Average Code Enforcement Officer costs one hour $76.11. Sign Removal Options: 1. Status Quo — Leave the property owner responsible for removing the sign and do not charge the cost of production of the sign (enforcement of removal of signs past the deadline would be handled through code enforcement). No charge to applicant and all removal costs incurred by the City would have to be charged against the property through the code enforcement lean process. Cost incurred by the City: $37.50 (sign production) + $76.11 (removal cost) _ Total $113.61 (this total does not include any additional fees or staff time for the code enforcement process or lean procedures). Pros: Process does not need to change. Cons: City incurs cost of sign, code enforcement process is lengthy, additional cost and time incurred, and lean process may not recoup costs. 2. Charge full sign costs — Leave the property owner responsible for removing the sign, but charge the full cost of production of the sign (removal would be handled by code enforcement beyond deadline). Cost incurred by property owner: $37.50 (sign production). Cost incurred by the City: $76.11 (removal cost does not include any additional fees or staff time for the code enforcement process or lean procedures). Pros: Process does not need to change, city recoups sign production costs. Cons: Code enforcement process is lengthy, sign may be removed by city 2 April 22, 2016 anyways, and additional cost and time incurred, and lean process may not recoup costs. 3. Leave the property owner responsible for removing the sign, but charge the cost of the production of the sign and removal upfront, with the removal charge refundable upon return of the sign or proof that it was removed from the property. Initial cost incurred by applicant/property owner: $113.61 (sign production + removal costs) — $76.11 (refund of removal costs) = Total $37.50. Cost incurred by the City: None. Pros: Gives property owner the choice to remove sign or let the city remove, city recoups sign production costs, city cost to remove sign is covered, no code enforcement process necessary to remove sign. Cons: City Planning will have to verify if sign is still up prior to code enforcement removal, refund process may be limited to twice a month and needs additional analysis. 4. Have the City be responsible for removal of all land use action signs with no charge to the applicant/property owner. City incurred costs $113.61. Applicant/Property Owner: None, Pros: Sign comes down immediately upon direction from Planning Division, Cons: City incurs all costs associated. 5. Have the City be responsible for removal of the sign with the cost of the production and removal added to the application fee. Initial cost incurred by applicant/property owner: $113.61 (sign production + removal costs). Cost incurred by the City: None. Pros: City recoups sign production costs, city cost to remove sign is covered, no code enforcement process necessary to remove sign, sign removal is not dependent upon property to remove the sign, no refund process necessary, and no sign verification will be required prior to removal. Cons: Additional staff time will be required for removal, and applicant and property owners will not be provide any refund. Staff Recommendation: The City Planning Division recommends option 5. Have the City be responsible for removal of the sign with the costs of the production and removal added to the application fee. Right ,,,,.O,,,,,Way Vacatiori 1 „21 „010 - IPurpose This chapter establishes the procedures, notice requirements and fees for the vacation of public streets and alleys within the City in conformance with the authority granted to the City by Chapter 35.79 RCW and RCW 35A.47.020. 14.21.020 .- Iln-flafiioin of v ca-floirn The owners of an interest in any real property abutting any public street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. A. Petition for Vacation. The petition shall be in a form prescribed by the Administrative Official or his or her designee and shall be signed by the owners of more than two-thirds of lineal frontage of the property abutting the portion of the street or alley sought to be vacated. B. Petition Fees. Every petition for the vacation of any public street, alley or any part thereof shall be accompanied by a fee in an amount established by the master fee schedule of the City to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The set amount shall be stated in the City of Yakima Master Fee Schedule. Once paid, the fees shall not be refunded. C. Compensation. See YMC § 14.21.050 for compensation requirements. D. Submittal Requirements for Petitions. Every petition shall be accompanied by the following: 1. A title report from the property owner proposing the vacation 2. A vicinity map showing the general area of the proposed vacation 3. A copy of the record of survey, if available, for the subject street and alley proposed for vacation and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation 4. Written evidence of any and all utility easements, other allowances or reservations, whether public or private, pertaining to the street or alley proposed for vacation; a) If the subject right-of-way encompasses any private utilities, a letter from all utility companies within the right-of-way consenting to the vacation shall be required and submitted to the City of Yakima. 5. A written narrative describing the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. 1421.030 .- C -fuon Procedure A. Setting of Hearing. Upon receipt of the petition, the Administrative Official shall determine whether the petition has been signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the Administrative Official shall bring the petition before the City Council, and the City Council shall by resolution fix the time when the petition will be heard by the Hearing examiner, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the City Council initiates the Draft -Right of Way Vacation August 4, 2016 vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the Hearing Examiner or the City Council. B. Staff Report. The Administrative Official shall prepare a report concerning the proposed vacation. The staff report shall evaluate the advisability of the proposed vacation based on the Development Services Team (DST) meeting and submitted application materials. The report shall address the criteria to be considered by the City Council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the Administrative Official including, but not limited to, drainage requirements and street closure requirements, such as the removal and replacement of concrete and asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the Administrative Official shall solicit comments from the police department and the fire department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the Hearing Examiner and to the petitioner and his or her representative not less than seven calendar days before the hearing. C. Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the City Clerk, or the Administrative Official, acting under direction and supervision of the City Clerk shall give not less than 20 days' notice of the time, place and purpose of the hearing by: 1. Posting of a written notice in three conspicuous places in the City; 2. Publishing written notice once in the City's official newspaper; 3. Posting a minimum 24 -inch by 36 -inch notice sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location of the public hearing: and 4. Mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Yakima County Assessor, not to exceed 90 calendar days from the date of the public hearing. The Administrative Official shall send the same written notice to the representative of the petitioners at the address on the petition. D. Protest - If fifty percent (50%) of the abutting property owners file written objection to the proposed City Council initiated vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. 14.21.040 - Hearing Examiner Review and Recommendation A. The hearing on the petition or proposal shall be held before the Hearing Examiner upon the day fixed by resolution or at the time to which a hearing may be adjourned. In its consideration of the proposed vacation of the street or alley, the Hearing Examiner shall render a recommendation based on the following criteria: 1. The public benefit, reason for, and limitations of the proposed right-of-way vacation; 2. Whether the vacation deny sole access to a public street for any property; 3. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies); 4. Is the vacation appropriate with existing zoning and land use? (Vacation of Right -of - Ways should be appropriate with existing and anticipated development in the area, based upon zoning, current use and long-range plans); and 2 Draft -Right of Way Vacation August 4, 2016 5. Are there any public or franchised utilities in the right-of-way to be vacated and if so, will they be relocated? B. Following the hearing, the Administrative Official shall forward the Hearing Examiner's recommendation to the City Council for a closed record public hearing at a regularly scheduled meeting. 14. 1.0 W Compensation A. Compensation paid to the City on the vacation of right of ways used for the purpose of roads or alleys, as follows: 1. Compensation to the City prior to effective vacation of any public street, alley, or any portion thereof within the City of Yakima in the full amount permitted by RCW 35.79 030, up to a maximum amount of one hundred percent (100%) of the independently appraised property value, unless one of the exceptions noted in Subparagraph A(2) or A(3) apply. 2. For any public street, alley or any portion thereof within the City of Yakima valued at Twenty Thousand Dollars ($20,000) or less, as determined by considering one hundred ten percent (110%) of the Yakima County Assessor's valuation of said public street, alley or any portion thereof within the City of Yakima that the party seeking vacation chooses not to provide an independent appraisal for, compensation to the City prior to effective vacation of any public street, alley, or any portion thereof within the City of Yakima in the full amount permitted by RCW 35 79.030 of the property value, determined by applying one hundred ten percent (110%) of the Yakima County Assessor's valuation of the public street, alley or any portion thereof within the City of Yakima, unless the exception noted in Subparagraph A(3) applies. 3. No compensation will be required to be paid to the City for the portion of a vacated street, alley or right of way, the ownership of which will revert to the State of Washington, City of Yakima, Yakima County or the School District, as owner of the property abutting the vacated portion of the alley, street or right of way. 4. Discuss a possible exemption from compensation if a right-of-way has been dedicated through a plat and never improved. Add timeframe —30 years? — This section will be discussed with the City of Yakima Planning Commission. B. In the event compensation is due to be paid to the City and the value of the vacated right of way exceeds Twenty Thousand Dollars ($20,000), according to the records of the Yakima County Assessor and calculated by means currently used by the City, the Council requires that an independent qualified appraisal shall be obtained by the petitioner in order to determine the value of the subject right of way The appraisal shall take into consideration the public improvements within the right of way to be vacated, according to their original or depreciated value as may be appropriate in the judgment of the appraiser. C. Every ordinance hereinafter enacted by the City Council to vacate any street or alley, or any portion thereof, shall provide that such ordinance shall not become effective until the owners of the property abutting upon the street or alley, or portion thereof, so vacated shall compensate the City in the amount specified in B above. D. Nothing herein is to be construed to diminish the right of the City to retain easements or the right to exercise and grant easements in respect to any vacated land for the construction, repair, and maintenance of public utilities and services. 3 Draft -Right of Way Vacation August 4, 2016 E. The City Manager or his designee shall adopt administrative procedures and fees that a petitioner must comply with to process a request to vacate a public street or alley in compliance with this policy and existing law. 14.210 - City Council Decision A. Following the hearing and receipt of the Hearing Examiner's recommendation, the City Council shall determine whether to vacate the street or alley. The determination shall consider, but not be limited to, the findings of the Hearing Examiner. B. If the City Council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the City Council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. C. Pursuant to RCW 35.79.040, the City Council, in approving a street vacation request, shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one-half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. D. The City Council reserves the right to require compensation as a condition of approval of ordinance action; provided, that such compensation shall comply with the requirements of RCW 35.79.030; and further, that any required compensation shall be paid to the City prior to the City's participation in required title transfer actions. 1421.070 plication of Zoning District Designation The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be assigned based upon the Hearing Examiner's or City Council's, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 14.21.0 Recording of Ordinance A certified copy of the ordinance vacating a street or alley or part thereof shall be recorded in the office of the Yakima County Auditor. A Copy of the recorded ordinance shall be returned to the City of Yakima. 1 .210 - Compliance to City Council Conditions All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a record of survey prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description and specifying, if applicable, any and all easements for construction, repair and maintenance of existing and future utilities and services shall be submitted by the proponent to the Administrative Official. Said record of survey shall contain the professional stamp and signature of the registered surveyor, and the proponent indicating acceptance of the vacated property. 4 Draft -Right of Way Vacation August 4, 2016 14.21.120 - Costs of title transfer to be borne by proponent All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including, but not limited to, title company charges, copying fees, and recording fees are to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect costs for the transfer of title. Additionally, the City shall retain control of all proposed vacated right-of-way until payment is received. 5 Draft -Right of Way Vacation August 4, 2016 t Sue Moberly added newphotos-, Only in Yakima can one drive down !' pass Pizza Hut, Safeway,Station, Rental Place, Hooka lounge and wait - wait - just waitfor . Coffin on • of SorryNob Hili I Blvd for sale. I bet people are just dying to get their hands on this good deal. had to do say il Sh Oflun_ted 3/101(o j y Moberly some people doing taxes. literallyThis is you on Nob Hill. Had to laugh. Death & Y e s t e r d n y n r 6'19' [11 Tracy Bernier Gal slim Who does /i: Like • Reply . fere • Yesterday at 6:26)p Like , Reply -Blore - Yesterday at 6,332pn) Terry r of •:.. w; heard and Im dying laughing Like - Redly . More, 11 hours, agn Sherry Browning iii ", 11 - - A -I -JI- i- -�- - 1 • Notice the naked top mannequin top in the sidewalk. A regular occurrence. Not really daily, but regularly. The rack is sitting on the sidewalk like that all day. Limits the customer egress and show off the nakedness. Take note that the mannequins just past there door are pushed up against the wall so customers can walk to the sidewalk. The mannequins on the carts and hanging, 100% stop access to the sidewalk from any customer in that area. Shouldn't customers be allowed unobstructed access to the sidewalk? The outside sign has been lite since the weekend as noted in the email I sent this weekend. The mannequins are still in the "No Mannequin Zone" Notice the new too rack to hane ton manneouins in the "No Manneouin Zone" W� « w� w�: � e� > , � y+� ��\� � <� ����a���w:.� � -< a s © f � %.� « « .� %� � � � �� � < cy����.:..��:�� � «,�� a ~� �� � ���� w a ,�/ 9% /i/ !%%%%%ilii/%i% /%%ilii ,ii%%%//�/�///����� �� "�/�� �i� �/ %//�� / /%/%/� � /ilii ,i /// �� �� // ,�/�/ a aaaaaa �� ���//// �/ �/ ����ii j/� /ii/a�/iii % /iii%�%i/��' ��%��i��i /i� ,f //// //DSO/ %%/ / „ � // � / / / �, � ��/��i����� ��� /ii ��ji ;ilii„'=ii/����� /� o���,%/ail%/�///iii,////!i//�i � INK r,„,0 i i , .�i�fsir.,,... 7� J /' �� ��i ��� 1,�«� �/ // I 111/?0I //,/" National City Municipal Code —Title 18 Specific Use Regulations Land Use Code — Specific Use Regulations JanuaryMay, 2011 3-1 CHAPTER DIVISION 3 SECTION 18-30CHAPTER 18.30 SPECIFIC USE REGULATIONS Sections: 18.30.010 Purpose 18.30.020 Applicability 18.30.030 Adult -Oriented Businesses 18.30.040 Automobile Impound and Storage Yards 18.30.050 Sale of Alcoholic Beverages and Live Entertainment 18.30.060 Auto Body and Paint Shops 18.30.070 Child Day Care Centers 18.30.080 Family Day Care Homes 18.30.090 Condominium Conversions 18.30.100 Conversions to Nonresidential Use 18.30.110 Emergency Shelters 18.30.120 Hazardous Waste Facilities 18.30.130 Helicopter Operations 18.30.140 Mobile Homes and Similar Temporary Structures 18.30.150 Outdoor Display or Sale of Merchandise 18.30.160 Outdoor Storage 18.30.150 OUTDOOR DISPLAY OR SALE OF MERCHANDISE A. Outdoor Display or Sale of Merchandise Prohibited — General The outdoor display or sale of merchandise on public or private property is unlawful, except as provided in this section. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. Permitted Displays in Commercial, Mixed -Use, and Industrial Zones 1. In commercial, mixed-use, and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, grocers and neighborhood corner stores limited to the sale of fresh produce and flowers, and building material yards may display merchandise outdoors only on the same site approved for the business. 2. Other businesses in commercial, mixed-use, and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the Planning Division that the display would be customary with that type of business and consistent with or comparable to the types of uses. C. Special Promotions 1. Except as allowed by Subsection B all other businesses in the commercial, mixed-use, and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales. 2. Special promotions involving outdoor display of merchandise which are to last more than three days, or would involve more than two such sales in any calendar year, are not allowed unless City Council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business. 3. No business shall conduct a special promotion with an outdoor display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. D. Seasonal Sale of Christmas Trees and Pumpkins Submitted: "h�I rk 1. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial and mixed-use zones on property developed with a commercial use or on vacant property in a commercial or mixed-use zone. 2. Displays and sales of Christmas trees and pumpkins are limited to thirty-five days respectively, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays. E. Outdoor vending machines Outdoor vending machines are allowed in all commercial and mixed-use zones. Outdoor vending machines shall: 1. Be located along the front facade of a building or against a structure designed to accommodate them; 2. Occupy not more than ten percent the length of the wall facing the street or access drive, or 20 feet, whichever is less; 3. Not obstruct private pedestrian walkways; a minimum of 44 inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks. BILL NO. 14-17 follows: ORDINANCE NO. 737-C AN ORDINANCE AMENDING SECTION 405.160 "B-1 CENTRAL BUSINESS DISTRICT" BY AMENDING SUBSECTION A, 2, "CONDITIONS OF USE" PERTAINING TO WHAT COMMERCIAL, ACTIVITIES CAN BE CONDUCTED OUTSIDE OF A COMMERCIAL BUILDING BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CANTON, MISSOURI, as SECTION ONE. Sectitzn 4 5 6tI A 2 rtd it ns fuse r�trrona�let. That from and after the effective date of this ordinance Section 405.160, A, 2, of the Municipal Code of the City of Canton, Missouri, shall be amended and shall be and appear as follows: "2. Conditions of use. All commercial activities in the B-1 Central Business District shall be conducted within a closed structure with the following exceptions: a. Outdoor displays and sales shall only be ancillary to the business conducted within the structure and cannot be operated as a separate business. b. Only items that will normally be used out of doors may be displayed and sold out of doors. i. Goods, merchandise or products normally located within a permanent building or structure such as clothing, interior furniture, indoor appliances and any other non - weatherproof products shall not be included in an outdoor display or offer for sale out of doors. a, ii. Goods, merchandise or products normally intended for use and storage out of doors such as garden tools, outdoor furniture, garden or lawn tractors, outdoor sporting goods, outdoor plumbing fixtures, wood fired furnaces, or other related outdoor products may be included in an outdoor display or offered for sale out of doors_ c. Outdoor display or areas shall not be located on any public or private right-of-way. d. No outdoor display area shall be located within fifty (50) feet of any single family residentially zoned district exclusive of rights-of-way. e. Outdoor display areas shall be limited to 20% of the gross floor area of the primary building or tenant space to which the outdoor display is accessory. f. Outdoor display areas must be located on concrete, asphalt, or brick paved areas and shall not be located on any gravel areas, lawn areas or landscaped areas. g. Where an outdoor display is located on a sidewalk and/or walkway an unobstructed portion of the sidewalk and/or walkway measuring not less than three (3) feet in width from the street curbing shall be continuously maintained For pedestrian access with no point of entry or exit from any building or any individual unit within any building shall be blocked at any time. h. Outdoor display areas may be located within existing parking spaces, but only if there are a sufficient number of other parking spaces available to meet the minimum parking requirements of the use of the property as required by Section 405.210 of this Code. Outdoor display areas shall not be located within any handicap accessible parking spaces or loading areas. L Outdoor display areas may be located in front of, on the sides of, or behind the primary building, but shall not encroach upon the required minimum yard setbacks for the B-1 Central Business District. j. No outdoor display shall obstruct visibility at the intersection of two or more roadways and/or driveways. k. Permit Required. No outdoor display or area shall be installed, erected, operated or used within the City prior to receiving a permit therefore. ii. Applications for permits shall be in writing on such application form as provided by the City. The application shall contain the following information: • A plat drawn to scale indicating the exact locations and dimensions of the proposed outdoor display area in relation to property lines for the subject property. • The distance of the proposed outdoor display to the property line shown in feet. • The location and dimension of all structures existing on the site, including the primary building and any accessory buildings. • Street lines, driveways, sidewalks and walkways. • A written description of the general types of items to be displayed and the maximum height of the items. • The gross floor area of the primary building to which the outdoor display is to be accessory. • A list of dates or a range of dates for which the outdoor display is proposed. iii. No permit shall be issued until it has been approved for compliance with this Chapter by the Chief of Police of the City of Canton. All outdoor display areas must be maintained and displayed in a neat, orderly and safe manner. Failure to do so will result in revocation of the permit, if revocation is approved by a majority vote of the Board of Aldermen of the City." SECTION TWO.e i;J tc .r of Section 40fLJ0Q r, tifi d and uconfirmed. All other provisions of Section 405.160 of the Municipal Code of the City of Canton, Missouri, not specifically herein amended by this ordinance shall remain unchanged and are hereby ratified and confirmed. SECTION THREE. 11enalties for viol ,tom. Any person, firm, corporation, partnership or other entity convicted of violating the provisions and terms of this ordinance shall be guilty of a misdemeanor and shall be subject to the punishment provided for in Section 100.220 of the Municipal Code of the City of Canton, Missouri. SECTION FOUR, Ldcd. All prior ordinances or parts thereof in conflict with or inconsistent with the terms of this ordinance are hereby repealed. SECTION FIVE. Stv,bili. Each of the provisions of this ordinance are severable, and if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force and effect. SECTION SIX. Effective date. This ordinance shall take effect from and after it has been made available to the general public by posting a copy thereof in the City Office, 106 North Fifth Street, Canton, Missouri, as provided by law, after it has been read by title two times before the Board of Aldermen of the City of Canton, Missouri, after it has been adopted by the Board of Aldermen of the City of Canton, Missouri, and approved by the Mayor of the City of Canton, Missouri. Adopted this 15" day of September, 2014. PPresif i`l`icer Approved this 15'x' day of September, 2014. ayor o' 'City Clerk BILL NO. 15-04 ORDINANCE NO. 745-C AN ORDINANCE AMENDING SECTION ONE, 2, If, OF ORDINANCE NO, 737-C, TO PROVIDE FOR A ONE YEAR PERMIT FOR OUTDOOR DISPLAYS, BEGINNING AND ENDING DATES FOR THE ONE YEAR PERMIT, AND THE COST OF ISSUING THE ONE YEAR PERMIT BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CANTON, MISSOURI, as follows: SECTION ONE. Section One, 2, k, of Ordinance No. 137-C amended, From and after the effective date of this ordinance Section One, 2, k, of Ordinance No. 737-C, shall be amended by adding thereto the following new subparagraphs which shall be and appear as follows: "iv. The outdoor display permit is good for one year, or part thereof, from July 1 of the year of issue to June 30 of the following year. If the permit is issued after July 1 it shall expire June 30 of the following year. v. The permit fee for each permit shall be $25 which shall be the fee for one year or fraction of a year if the permit is issued after July 1. There shall be no proration of the permit fee for a permit issued after July 1 of the year of issue, expiring on June 30 of the following year." SECTION TWO. . All provisions of Ordinance No. 737-C not specifically amended by this ordinance are hereby ratified and confirmed and shall remain in full force and effect. SECTION THREE. Erior inconsistent_oilinancns r caled. All prior ordinances or parts thereof in conflict with or inconsistent with the terms of this ordinance are hereby repealed. SECTION FOUR. Sever�thi.WLy. Each of the provisions of this ordinance are severable, and if any provision shall be declared to be invalid.„ the rernaining provisions shall not be affected but shall remain in full force and effect. SECTION FIVE. ffltwct.ive date. This ordinance shall take effect from and after it has been made available to the general public by posting a copy thereof in the City Office, 106 North Fifth Street, Canton, Missouri, as provided by law, after it has been read by title two times before the Board of Aldermen of the City of Canton, Missouri, after it has been adopted by the Board of Aldermen of the City of Canton, Missouri, and approved by the Mayor of the City of Canton, Missouri. Adopted this 17'x' day of February, 2015. Approved this 17'x' day of February, 2015. csicling, OI"fi . r r City of Canton 106 North Fifth Street, Canton, MO 63435 Tel: 573.288.4413 OUTDOOR DISPLAY PERMIT Prior to the start of an outdoor display, an application for an outdoor display permit must be submitted and approved by the Chief of Police of the City of Canton. Property Address: Name of Establishment: Applicant(s) Name: Telephone: Email Address; items to be displayed (attach photos of proposed items also): Gross Floor Area of Primary Building: Outdoor Display Area.- Maximum rea: Maximum Height of Display Items:. _ ,. ...... _., ., Date Range of Display: Site Plan Attached 0 ] have received a copy of the outdoor display ordinance Requirements for processing outdoor display permit: 1. A plat drawn to scale indicated the exact locations and dimensions of the proposed outdoor display area in relation to property lines for the subject property. 2. The distance of the proposed outdoor display to the property line show in feet. 3. The location and dimension of all structures existing on the site, including the primary building and any accessory buildings. 4. Street lines, driveways, sidewalks, and walkways. 5. A written description of the general types of items to be displayed and the maximum height of the items. 6. The gross floor area of the primary building to *,,ich the outdoor display is to be accessary. 7. A list of dates or a range of dates for which the'Vdoor display is proposed. Please review the attached ordinance for full regulations regarding outdoor displays. City ordinances are also available at showmecanton.com. Permits will not be issued until compliance with Section 405.160 Subsection A, 2 of the ordinances of the City of Canton has been verified by the Chief of Police. By signing below, I hereby certify that the application that I am submitting, including all additional required information, is complete and accurate to the best of my knowledge. I understand that any misstatement or omission of the requested information or of any subsequently requested may be grounds for rejecting the application, deeming the application incomplete, denying the application, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and further relief as may seem proper by the City of Canton. Applicant: Reviewed by: Approved El Denied Conditions of Approval: Date.: Staff Use Only (Do not write below this line) Permit Fee: $25 Paid: Y N (circle one) Dater COUNCIL POLICY MANUAL Policy 1.1.2 Guidelines for Long -Term Outdoor Accessory Commercial Uses POLICY PURPOSE: The purpose of this policy is to regulate the type, location and appearance of long-term unenclosed retail accessory uses. Some businesses like to conduct part of their activities outside, usually coinciding with fair weather and special promotions. The policy guidelines apply only to those accessory uses listed in Sunnyvale Municipal Code Section 19.20.030 that have the potential to occur outdoors on an ongoing basis. Examples of such activities include outdoor eating areas and the display of merchandise in front of a store or service station. The policy does not address mobile vendors, shopping center "sidewalk days," festivals, or other temporary unenclosed uses listed in Sunnyvale Municipal Code Section 19.82.020, which require a Miscellaneous Plan Permit. A Use Permit is required for these long-term outdoor activities. The policy guidelines establish criteria for the review of each application by the Director of Community Development. The policy is intended to: (1) ensure pedestrian and fire lane access; (2) prevent a cluttered appearance; and (3) promote an attractive commercial environment. POLICY STATEMENT: The following guidelines will be considered in the review of applications for long-term unenclosed retail accessory uses specified in Sunnyvale Municipal Code Section 19.20.030. Uses 1. Proposed outdoor accessory uses shall be directly related to the main commercial use, and operated by the same personnel. Each use is subject to Use Permit approval at an administrative public hearing. 2. The outdoor display of wearing apparel, footwear, foodstuffs and furniture is prohibited. The Use Permit, once activated through compliance with conditions imposed by the Director of Community Development, shall become null and void if the property is not used for such use for a period of one year or more. Location The accessory use is limited to private property, unless an Encroachment Permit is obtained by a separate process to allow the use in a public right-of-way. In such instances, approval of a Use Permit will be conditioned upon the applicant 1.1.2 - Page 1 COUNCIL POLICY MANUAL obtaining an Encroachment Permit from the Director of Public Works. The Director of Public Works may issue an Encroachment Permit if it is found to be in the public interest, and consistent with an approved use permit. In making such a decision, the Director of Public Works will consider public safety, interest and welfare factors, including but not limited to pedestrian movement, emergency vehicle access, traffic movement and visibility, interference with the public use of property, and access to public utilities and street furniture. Issuance of an Encroachment Permit may be conditioned as deemed necessary to protect the public interest. The approval of an Encroachment Permit may be revoked at any time with a ten day notice, except that revocation may be immediate in case of a threat to public safety or an immediate need for public use of the property. At such time as an Encroachment Permit is revoked, the related Use Permit approval will also be voided. 2. A finding shall be made by the Director of Community Development that the accessory use is primarily oriented to pedestrians, rather than to a street. 3. The accessory use shall be adjacent to the building the business occupies, and is not allowed in any parking lot, landscaped area, loading or fire zone. The use shall not encroach upon the frontage of neighboring businesses. 4. The accessory use and all accompanying equipment are allowed outside only during operating hours of the subject business. This provision does not apply to outdoor dining tables and seats. 5. The accessory use shall not obstruct pedestrian movement or access from any doorway, as determined by the Fire Prevention Division. At least six (6) feet of pedestrian clearance shall be provided around the use. The six feet may include adjacent available public sidewalks. 6. The accessory use shall not block access points to pedestrian crosswalks, and shall be located at least fifteen (15) feet from any driveway or fire hydrant. The 40 foot clear corner sight triangle shall be kept free of all obstructions. 1. All merchandise shall be placed on a rack, table, cart or display case, the design of which must be approved by the Director of Community Development. 2. A maximum overall height of six (6) feet is permitted for the accessory use. A maximum display area of fifteen (15) square feet is allowed for a business with 50 feet of store frontage or less. An additional 15 square feet of area may be allowed for each additional 50 feet of store frontage occupied by the business. The total display area includes any combination of racks, tables, carts and/or cases. This area limitation does not apply to dining tables and chairs. 1.1.2 - Page 2 COUNCIL POLICY MANUAL 3. The Director of Community Development shall establish the maximum number of outdoor tables and chairs allowed for a restaurant. The appropriate number and size of these facilities shall be determined through application of location standards defined above. 4. Signs, as approved by the Director of Community Development, shall be limited to one per table, cart or display case and shall not exceed 6" x 18". Signs are prohibited in the public right-of-way. 5. Out-of-door loudspeakers and amplifiers are prohibited. 6. The Director of Community Development may attach any conditions that are necessary to protect the best interests of surrounding businesses, the neighborhood and community. Conditions may limit the numbers, size, location and design of unenclosed objects. The outdoor retail accessory use must comply with all applicable City codes. (Adopted: RTC 82-131 (3/9/1982); (Clerical/clarity update, Policy Update Project 7/2005)) Lead Department: Community Development 1. 1.2 - Page 3 41a Chapter 7 OUTDOOR DISPLAY OF ERCHLAI CIS q� a 9-7-1: TITLE: 9-7-2: PURPOSE: 9-7-3: FINDINGS: 9-7-4: DEFINITIONS: 9-7-5: MERCHANDISE CONFINED TO FULLY ENCLOSED BUILDINGS: 9-7-6: EXEMPTIONS: 9-7-7: VIOLATIONS AND PENALTIES: 9-7-1: TITLE:° This chapter shall be known and may be cited as the OUTDOOR DISPLAY OF MERCHANDISE ORDINANCE. (Ord. 13, Series 1992) 9-7-2: PURPOSE: Y° The purpose of this chapter is to regulate the display, storage and sale of goods and merchandise outside of buildings within certain areas of the town which are pedestrian or tourist oriented. This chapter is intended to regulate displays for aesthetic purposes and to limit displays which detract from the charm of the town, create visual clutter, are annoying, and generally create a nuisance. (Ord. 14, Series 1989) 9-7-3: FINDINGS: 'Z, o The town council finds and determines that the regulations contained in this chapter are not unreasonable, are not discriminatory and are rationally related to the legitimate governmental purposes of protecting and preserving the unique aesthetic character of the town and preventing obstructions and other dangerous conditions from occurring on the public sidewalks. The town council finds that this chapter is necessary and proper to provide for the safety, preserve the health, promote the prosperity and improve the order, comfort and convenience of the town and its inhabitants. (Ord. 14, Series 1989) 9-7-4: DEFINITIONS:t' C-1 For the purpose of this chapter the following definitions shall apply: BICYCLE: Every vehicle propelled solely by human power applied to pedals upon which any person may ride having two (2) tandem wheels or two (2) parallel wheels and one forward wheel, all of which are more than fourteen inches (14") in diameter. FULLY ENCLOSED BUILDING: That portion of a structure contained fully within the exterior walls of a building. For the purposes of this chapter, fully enclosed buildings shall not include decks, porches, carports, areas under roof overhangs, or any other areas not contained totally within the exterior walls. MANNEQUIN: A model of the human body, customarily used by tailors, window dressers and artists. MERCHANDISE: Any goods or wares held for rental, lease, sale, display or conveyance in any manner. For the purposes of this chapter, the term merchandise does not include gasoline or other fuel oils held in underground storage tanks. MOTORIZED BICYCLE: A vehicle having two (2) or three (3) wheels, a cylinder capacity not exceeding fifty (50) cc, and an automatic transmission which produces a maximum design speed of not more than thirty (30) miles per hour on a flat surface. (Ord. 14, Series 1989; amd. Ord. 26, Series 2002) 9-7-5: MERCHANDISE CONFINED TO FULLY ENCLOSED BUILDINGS: Except as specifically authorized in section 9-7-6 of this chapter, it shall be unlawful for any person to display or store, or permit the storage or display of, merchandise outside of a fully enclosed building within land use districts 17, 18, 182, 19, 20, 23, 24, 25 and that portion of land use district 11 which lies south of the intersection of French Street and Highway 9, all as shown on exhibit A attached to the ordinance codified herein. (Ord. 14, Series 1989) 9-7-6: EXEMPTIONS:T0 The following outdoor displays of merchandise shall be exempt from the provisions of this chapter: A. Dining: Outdoor dining (when in compliance with the town's development code). B. Vendor Carts: Vendor carts, when in compliance with section 9-1-19-49A, "Policy 49 (Absolute) Vendor Carts", of this title. C. Bicycles: The outdoor display of bicycles offered for sale or rental, subject to the following conditions: The person desiring to display bicycles outdoors shall obtain a class D minor development permit prior to any such display. The application for such permit shall include a site plan indicating where bicycles are to be displayed and where existing, approved and/or required landscaping is located or is to be located. If the applicant for the permit is not the owner of the property on which the bicycles are to be displayed, the written consent of the property owner to the proposed application shall be submitted concurrently with the application. 2. The outdoor display of bicycles shall be confined to the private property of the business which is offering the bicycles for sale or rental. 3. No bicycle shall be hung from or on any exterior portion of a building or structure; provided, that bicycles may be so hung for storage purposes only if the applicant lacks sufficient space to otherwise store the bicycles and then only if the planning commission makes the following findings and incorporates such findings into the development permit as conditions: a. The hanging of bicycles will be for storage purposes only and will not be used as signage or as an attention getting device. b. The hanging of bicycles will not destroy any historic structure or significantly alter the historic character of a structure. c. The hanging of bicycles will not hide a historic structure or significantly alter the historic character of a structure. d. No rack for the hanging of bicycles will be mounted on a facade of a building which faces a street (not including an alley). e. Bicycles will be hung so as not to constitute a safety hazard for pedestrians. f. The bicycles to be hung will be screened in a manner appropriate for the location. 4. No required vehicle parking space may be utilized for the display or storage of any bicycle. 5. No bicycle shall be displayed in a manner which may result in damage to any tree, shrub, grass or other landscaping. The person displaying the bicycles shall repair or replace any tree, shrub, grass or other landscaping which is damaged as a result of the outdoor display of bicycles on such property. 6. No bicycle may be stored or displayed in such a manner as will block any means of pedestrian ingress or egress to or from any building or structure. 7. As used in this subsection C, the phrase "display of bicycles" includes the outdoor storage and/or display of any bicycle or motorized bicycle which is offered for sale or rental. D. Residential Garage Sales: Residential garage sales not held more frequently than three (3) days in any one calendar quarter at the same residence. No permit shall be required. E. Seasonal Plants: Nonartificial seasonal plants, including Christmas trees, may be displayed and sold outdoors on a temporary basis. A class D minor development permit shall be required. (Ord, 1, Series 2014) F. Special Event: A special event for which a license has been issued pursuant to Title 4 cha ter 2 of this code. (Ord. 10, Series 2015) G. Newspaper Racks: Newspaper racks. H. Transient Dealers' Merchandise: Merchandise displayed by transient dealers, when in compliance with title 4, chapter 2 of this code. (Ord. 1, Series 2014) I. Outdoor Sales Days: Outdoor displays of merchandise conducted on Outdoor Sales Days as established by the town manager. In setting Outdoor Sales Days, the town manager shall consult with representatives of the business community to determine appropriate dates. At least thirty (30) days before setting Outdoor Sales Days each year, the town manager shall advise the town council of the proposed dates of such event. (Ord. 10, Series 2015) J. Merchandise Of Historical Significance: Merchandise meeting the following criteria may be stored out of doors: 1. The merchandise relates to, or is compatible with, the history of the town. 2. The merchandise is too large or too heavy to be easily stored inside. 3. The merchandise is displayed only on the property of the business offering such merchandise for sale. 4. No more than three (3) items of merchandise per business may be displayed. 5. The merchant desiring to display such merchandise obtains a class D minor development permit for each item. K. Sculptures And Statues: Sculptures and statues, subject to the following limitations: 1. The display is on private property. 2. The display is placed in a manner that is essentially permanent in nature. 3. The size and design of the displays are in general harmony with the location in which they are placed. 4. A class D minor development permit is obtained for each item, and no more than two (2) permits may be obtained per business. L. Mannequin: A mannequin, subject to the following limitations: 1. The mannequin is displayed on private property. No mannequin may be displayed on publicly owned property. A mannequin may be placed on commonly owned property; however, written permission for the display of the mannequin must be obtained from the owners' association or similar group responsible for the management of such commonly owned property. 2. The mannequin must be placed on the property of the business which displays it. 3. No more than one mannequin may be displayed per business. Businesses with more than one bona fide business location may display one mannequin per business location. 4. A mannequin may include a full clothing ensemble (i.e., 1 shirt, 1 skirt, 1 pair of shoes, 1 hat, etc.). 5. A mannequin must be located so as to maintain free and unobstructed access to and from the business which displays it. A mannequin may not be placed so as to block visibility of or access to any adjacent property. 6. A mannequin must be removed if it becomes a hazard due to wind or weather conditions, or if it is in a state of disrepair. 7. No sign may be placed on or hung from a mannequin. 8. A mannequin may lawfully be displayed only when the business which displays it is open. A mannequin must be stored inside when the business which displays it is closed. M. Single Item Of Merchandise: One item of merchandise offered for sale by a business, subject to the following limitations: 1. The merchandise is displayed on private property. No item of merchandise may be displayed on publicly owned property. An item of merchandise may be placed on commonly owned property; however, written permission for the display of the merchandise must be obtained from the owners' association or similar group responsible for the management of such commonly owned property. 2. The merchandise must be placed on the property of the business which displays it. 3. No more than one item of merchandise may be displayed per business. Businesses with more than one bona fide business location may display one item of merchandise per business location. 4. The merchandise which is displayed must be merchandise which is actually offered for sale by the business. 5. Clothing which is displayed outdoors must be placed on a mannequin in accordance with the provisions of subsection L of this section. 6. The merchandise which is displayed must be located so as to maintain free and unobstructed access to and from the business which displays it. Merchandise may not be placed so as to block visibility of or access to any adjacent property. 7. The merchandise must be removed if it becomes a hazard due to wind or weather conditions, or if it is in a state of disrepair. 8. No sign may be placed on or hung from the merchandise. 9. Merchandise may lawfully be displayed only when the business which displays it is open. The merchandise must be stored inside when the business which displays it is closed. 10. No tables, boxes or racks may be used to display the merchandise. Merchandise may not be displayed on a coat hanger, or placed in, attached to or hung from any tree. 11. Merchandise may not be placed in any required parking or loading spaces. (Ord. 1, Series 2014) 9-7-7: VIOLATIONS AND PENALTIES:'tl E A. It is an "infraction", as defined in section 1-3-2 of this code, for any person to violate any of the provisions of this chapter. Every person found liable for a violation of any provision of this chapter shall be punished as provided in section 1-4-1-1 of this code. (Ord. 16, Series 2000) B. In addition to other remedies available to the town, the town may commence an action pursuant to section 1-8-10 of this code to enjoin the alleged violation of any provision of this chapter, or to authorize and compel the removal, termination or abatement of such violation. (Ord. 23, Series 1990) http://sterlingcodifters.com/codebook/index.php?book_id=&chapter_id=67616 m B-14 ` kP'wc Agenda Itern 11 Meetijig of '10/1114, HMMME��� AN ORDINANCE RELATING TO RE"I"AIL SALES OF SECONDHAND MERCHANDISE AND OUTDOOR DISPLAY OF MERCHANDISE, AMENDING SECTION 58-903 (23) AND ADDING A SECTION TO BE NUMBERED 58-903 (28), USES PERMITTED; DELETING SECTION 58- 904 (14), CONDITIONAl USES; ADDING SECTION 58-921, SPECIFIC REQUIREMENTS FOR OUTDOOR DISPLAY OF MERCHANDISE, IN ORDER TO ADD RETAIL SALES OF SECONDHAND MERCHANDISE AND OU'TDOOR DISPLAY OF MERCHANDISE IN THE D- DOWNTT WN ZONING DISTRICT; PROVIDING A SEVERABIll ITY Cl...AUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE, WHEREAS, fokwing a pUbkInane adng on kgust 13 20,14, thm I�'Rannlng Advisory Bow -rd has considefLeld lhe reCOMrnendatbn of staff air d p�ublic, Input and has recornmeindect by a vote of 7 lo 0 thal"rext Ameridment'14--l'3 be appirovem zund W1.4EKEAS, afler considering the, reuornnneridabon of the [Parming A&vl1sc)ry 13oard s4ting as the Iocal p1'aninin 'l agency wd 0ty staff, fon T�wk-)g a pubfic Nm ea;ing on the subject, and provi&-g the pubfic an opportunity to cornment, the Cfty C.ounc0 has deteirrn4ied that 4 Is in the b�--,Mst Cunfr rr rnf of tl-ie City to appirr,"wel-ext /2u -n end rm-.'n nt Fletftn'14-1'31' NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. 1 -hat Siection 58-903, Uses Pe�rrtted, of the Code of OirclCnancesl: C.Ay of Napes is hereby arnended to read as fobws (wth Z _j jr'ncfica6ng addifions aind nrtrfl tNnnrmtrkr 0idicafing deietbns,,, Sec, 58-903, Uses j.'m-miifted. 'rhe foNlowjng uses are permitted en the dowrntoyjn 6stdct: (23) Retanl salles urnr- ud t the retail sates of secw dhand merchan6se. 1,',24) Schoollcoflege, (25) Srnafl applliance repair, (26) Theater, kveor mobon, picture, (27) Warehous4ig, as accessory to permittet.1 USE,'011ly, Outidoor t9s it 5,_- , to,, a. j�',!q,,q'rnmqd tksq -- sc,,,e acce.s o�'Y_ Secfion 58-9iil" Ordinance 14-13531 Page 2 Section 2. That Section 58-904, Conditional Uses, of the Code of Ordinances, City of Naples is hereby amended to read as follows (with uv p ril6 in indicating additions and 6tr*efhroa9i-,i indicating deletions), Sec. 58-904. Conditional uses, The following uses are conditional in the downtown district and require city council approval of a conditional use petition: 44) (154) Parking structures on lots of 30,000 square feet or more, as accessory to a permitted or conditional use having materials, design, and architecture consistent with the principal structure, or otherwise fully screened from view. (165) Recreational uses. (17-6) Residenfial-only budding fronting U.S. 41, Central Ave, 10th Street, or Good lette- Fr a n 1� Roat"021 (187) Transient lodging facilities,P) (198) Transportation, excluding vehicle storage and depots, (2019) Veterinarians, Section 3. That the Code of Ordinances, City of Naples, Florida, is hereby amended by adding a section to be numbered Section 58-921, Specific Requirements for Outdoor Display of Merchandise, which said section reads as follows: Sec,, 58-921, sp!s jfi rertuircwments °for outdoord1i§�L)IIII;u of rnerclindise. a dii e "I"he out(,,12or ds of merchan S rn -1 . ....... . tan tilt elow A ign ic,i ­.,!Ljc�@tion of the merchandise shall be submitted to the t.n . .......... rft YLal cyd lOiY­p err 0 e— -L�Ie base -0� Safet a inade uate 0 - -I --11. �, Y -f . .... .... q­sR,ace. Ali ,L9f to for o�Adqor re sistant All rnerchawhse rnusl be in mr ................ goindifion Hems or dis lay­qj�,, y­jn6ude but are not ..—I � -1111-11-11111-.2 i -1- - --- —1- ........... n4r " 2-qatir ,f , r outdoor fUrnitUre and recreafionO eg . .. . .... . ... ..... . ............... . .... ... .. .. . ... ... .... .. intended for- outdoor u e, Motorized veh�cles, vending ines � ---- , ----§� -1.1 1 11 1 Motorr 1111111--- . ... . . . . . ........... A t 5rir IH gr t,rVl t q ge Of con strupfiorl fnaterialio; are, pjt,,pgl[nr ted for oytdoor­61 )lay. p iless othervvleanitted irs the &stric,r as an allowable use. LQ Merchandje­&Sj yrtfl­pqLdqors MUst be also be available for sale inside cent coinniercial estabfishrnc,.,�nt and the nechater shalli&:i& - -,- "I . . ... ..........r....... . r. (,,��.t�plLiytd outside of the eslabfishr-nent where the merchandise is sold, yN,.............. . --- - Ordinance '14-13531 Page 3 fQj Allwerqhan . ...... . ....... ,r;ublet or SLIIWeas�.'!d to a businesseritt (55) is not iI Rti k �Oati clearangg- or discwde�,,J 4enns' -94- , -1 .. . ....... 1-1-1— ,'1'0 _a 0 c ruta ercial L r gy, _t _Ld setbacks ................ y,^ s Oat n exlend into d- . -e i I k o r (7) smce,_r�o! i i . .... ..... p or_jqr��J�p area shah be used for gJis da pj�jjQ, . ....... . No yid dad aN s' 511f1-13 �vs S'i-TII r11i99Y.110 to it, 'nuired for feet MI b(�,, ratio for th,at exceeds 0 (J s refect fin as of the effective date of Vfls ord4iance lrq?� �nL� ......... nd c,�xceedin , '10 s uare feet ar, g, x �1, djLi equired . . ....... .......... . ..... --t— e_ emp -��L -q_j--- ---- ------ _pEq awr [l��ng-Ljrqwded_a ...tart gtrjiCfi _the locati(z)n of to err to .... ..... . ......... . off.... . .. ....... . subrpitted f 9f rev�ew and rovai, —1111111111111111- Ar�p '-- Section 4 if any word, phrase, cta use, subserfion or section of this ordinance is for any reasorr, heW unto nsfituficna� or InvWid, the invalidity thereof shaH not affect the validity of any remalning poadons of this ordinance, Section 5,. That aH sectons or parts of sections of Oie Code of Or&--aarices, all ordinances or u,,,tof ordinances, ,irid all resolutions or parts of resolutions iru conflict hc...,rewith, be and the same are h(...reby repea�ed to the extent of such conflict Section 6. 1 his ordiriance shaii take effect irnrnedjaWy upon adoption at second reading, APPR0VI:,'I..) AT' FIR".1'.."'11" READUl'sIG AND PUBI IC HEARING THIS 17N DAY OF &EP11 EMBER, 2014 Bo lig; 140 Pago Ordinance 14-13531 Page 4 PAS IE AND ADOPTED AT SECOND READING AND PUBLIC 1- RI IN OPEN AND REGUI AR SESSION OF THE CITYCOUNCIL. OF THE CITYOF NAPLES, l- RIDTHIS ej ST DAYOF OCTOBER, 2014. [lc'no6a L, H4(-nbosk, City Clerk 1"pprovecl to forl"r) and legahty D, Prift, Oy Attorney M�V�EnCOUNCli,.4)RD12014%'14-13631 Date "'Iled with Uty Clark, Johri F, Sailay III, May6,r ORDINANCE NO. 2014-060 AN ORDINANCE OF SARASOTA COUNTY, FLORIDA, (ZONING ORDINANCE Al"wIENDM1 NT NO. ' 9) AMENDING SARASOTA COUNTY OR DINANCE NO. 2003-052 (AS AMENDED FROM TIME TO TIME) CODIFIED AS APPENDIX A OF THE, SARASOTA COUNTY CODE, RELATING TO ZONING WITHIN T UNINCORPORATED AREA OF SARASOTA COUNTY; PROVIDING FOR FINDINGS„ AMENDING SECTION 4.1 .4, RELATING TO SIESTA. KEY OVERLAY DISTRICTS; AMENDING SECTION 5.5,, RELATING TO 'TEMPORARY USES, PROVIDING FOR. EFFECT ON OTT'LR ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODING OFAMENDMENTS; ANIS PROVJD:ING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA: Section L Findings. The Board of County Commissioners, hereinafter referred to as the "Board" hereby makes the following findings: A. The Board has held public hearings on the proposed amendments described herein ii accordance with the requirements of the Sarasota County Zoning Ordinance and has considered the information received at said public hearings. B. The Board has received and considered the report of the Sarasota County Planning Commission and has reviewed the proposed amendments provided herein. C. The Board, sitting as the Sarasota County Land Development Regulation Commission, has reviewed the proposed amendments provided herein and has found that the amendments are consistent with the Sarasota County Comprehensive Plan. Section 2. Amendment to Section 4.10. of Ordinance No. 2003-052, as amended, relating to the Special Purpose Overlay District. Subsection 4.10.4 of Sarasota County Zoning Ordinance No. 2003-052, as amended hereby amended as follows: 4.10.4. Siesta Key Overlay District (SKOD) and 3.5. Section 3. Amendment to Section 5.5. of Ordinance No. 2003-052, as amended, relatin,-!, Temporary Uses. Subsection 5.5.4. of Sarasota County Zoning Ordinance No. 20031-052, as amended hereby amended as follows: UllowiLig standards: i. An a lication tor a IM inji,st qe supLrmue to �demonstrate com, fiance with the standards heeix,. tr T e aUlicatLhall4a-y a grn-LL fee eof:_$25-Qj- Pjan illus EM store's main entrance door storefront: 4'LAAtwo foot (2') wide setback from )arkin ;areas and/or treots, JIL -t 51 - AOA Aecessilailit re Muirements are met.• gtorefiLont dimensjorr 7) Jhc ma iove the sed ewv-d k---,, I" " I Lix,.,�qwningswin�dows d�qors etc.: and ,h hi kq_ALi3d diq racks. Ng §i ............ clic 21al mcchani, rtes i.e.jable, ack manne �uin SidLwalkLaout Plan ill'ostratin& y ------ ---- - way, feet Lggh store's inain entrance door shall be mal tai e ccessi jAp&accessibiii r uirernents shall, be snet, '� In '1"l. shat l lie valid �`iwa• as eriod ��" no anna�re than. tame e�ar. arca vi�alatins � an asondi;tiorms set.. tin. t�ais seetlor� shall a�onstitaate a violation oln tits ear aarar Wase erannit and a;aaasa said teen ora case nitto be revolved. ggg-y—ear. W_L hnin�. jjjhg e�,ent a_parcel cqnt�Lins _both a-Le—tail qsGabli liment and a rentI establiso—a the followil, i standards shall gpp-IA:, 1. The Outdoor Dj- la i enuit, shall allow one Ll _div ia itern as listed aboye and s Aqme et o amental dls rla area or Permit. )I—'l:l[-e4coram v -Wm 'hall Ft _.y s _sunset on L o eats from go flora awnless gqmmiasio Wens. he Z r * ) Administrator shall revoke the TTP permit on, ae oeat exam tan tine leo rd of gninApggal �IhrouMhtlie IqLp oper TUP un'--- Ns 3.11 . Upon irevvto)ru,,Iu-tiik—olin-t,-tlie r g ma nqt_gDply for anothei y __y _- Section 4. Effect on Other Ordinances. The provisions of this Ordinance shall prevail in the event of conflict with the provisions of any existing ordinance. Section 5. Severability. It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase, or provision of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidit, or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. Section 6. Coding of Amendments. In this Ordinance, language added to an existing Ordinance isrr d rsepyed and language deleted is typed in stf-lkeAfaugh type. Section 7. Effective Date. This Ordinance shall take effect immediately upon filing with 0 Office of the Secretary of the State of Florida. PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY CONMESSIONERS O SARASOTA COUNTY, FLORIDA this day of 20 BOARD OF COUNTY COMNIISSIONERS OF SARASOTA COUNTY, FLORIDA Chair ATTEST: KAREN B. RUSHING, Clerk of the Circuit Court and Ex -Officio Clerk of the Board of County Commissioners of Sarasota County, Florida I y. Deputy Clerk Planters The merchandise display ordinance does not change the planter ordinances. How- ever, we strongly recommend not exceed- ing the allowed display space with the com bination of your planters and merchandise display. Planters cannot extend further than 24 inches (including plants) from the existing building front, cannot reduce the passable width of the adjacent sidewalk to less than 72 inches and cannot come within 24 inches of any doorway, alley or similar pas- sageway. Planters may vary slightly in size or configuration but shall be no less than 12 inches nor more than 18 inches in height. Planters must have white or natural color finishes and shall be fabricated of durable low maintenance materials such as fiber- glass, redwood, cedar, terra-cotta, or simi- lar clay -based products. Planters must be maintained at all time by property owners and the maintenance and security of the planters is solely their responsibility. Spring Lake Business Improvement District 1207 Third Avenue, Suite D Spring Lake, NJ 07762 Phone: 732-449-0037 Fax: 732-449-0012 E-mail: info@visitspringlake.com Spring Lake Business Improvement District Business guide to outdoor display of merchandise www.visftspringlake,corn Outdoor display of merchandise for Spring Lake retailers June 24, 2008, the Spring Lake Borough Council passed a Display of Merchandise ordinance at the request of the Spring Lake Business Improve- ment District (SLBID). The purpose of the ordi- nance is to enable retailers to create additional visual appeal for their businesses. Very careful consideration went into the drafting of the pro- posed ordinance by the SLBID. The display ordi- nance is a very new concept for Spring Lake and the SLBID felt it important to strike a balance between the needs of retailers and sensitivity to the traditional ambiance of p Spring Lake. If the business community is to continue to benefit from Borough government being responsive to their rm needs, it is extremely im- portant that m- portantthat every business make a sincere effortto ` comply with the require- ments of the ordinance. The purpose of this bro- chure is to assistyou to comply. Display requirements • Merchandise which you sell within your store may be displayed in front of your store during your operating hours from May 1 through De- cember 31. • Plants, cut flowers, and greens may be used as decorative material in your display even if don't sell them. • Merchandise displayed must be within 30 inches of the front of your store. For the dis- play of fresh produce, this is increased to 42 inches. • Your display cannot occupy more than 1/3 of the store front width, or for the display of fresh produce 1/2 of the store front width. The displays shall not exceed eight linear feet, but may be at least two linear feet. Your dis- play cannot obstruct the storefront entrance. The top of the display shall not be higher than eight feet, or for produce five feet, above the sidewalk surface. • You must maintain a safe, continuous path with a l/ minimum offour feet for ri�i +i r pedestri- oi�ii y ans on the public I�fk///��/9 k sidewalk. • The display shall not contain front lighting, backlighting and/or lighting within the display. However merchandise itself that contains lighting may be displayed. No power lines or extension cords shall be allowed to pro- vide power to the display. • Your merchandise may be displayed on temporarily removable supports such as benches, shelves, book shelves, decora- tive carts and similar kinds of supports. The supports shall be removed at the end of each day of business, and shall have no wheels, except for decorative carts. • Packing cartons, cardboard boxes, bins, card tables, folding tables, or similar display supports are prohibited. • Clothing cannot be displayed on racks, but may be displayed on a mannequin. There can be no more than one manne- quin per store. Displayed clothing must be worn by the mannequin, not merely draped upon it. • There can be no more than one item of merchandise displayed per store that exceeds four feet in length and one foot in width throughout the four foot length. A store cannot display such a piece of merchandise and a mannequin at the same time • You cannot consummate sales outside your store. There are to be no sales on the sidewalk. • You must keep your display neat and clean and free from dead plants, trash, litter, and other debris. You cannot have signs on your outdoor display. A permit from the Borough is necessary for your display. See the back panel. ORDINANCE NO. 1406 AN ORDINANCE AMENDING CHAPTER 141, SECTION 76.2 OF THE MUNICIPAL CODE FOR THE BOROUGH OF COLLINGSWOOD, "DEVELOPMENT REGULATIONS — OUTDOOR DISPLAYS" BE IT ORDAINED AND ENACTED, by the Borough. Commission of the OF COLLINGSWOOD, that: I. PURPOSE. The purpose of this Ordinance is to amend Chapter 141, Section 76.2 of the Code. The Borough has determined that amending the provisions regarding outdoor in the best interest of the Borough's residents. 11 AMENDMENTS. s.) Add the following to Section 141-76.21)(2): Clothing shall only be displayed on a mannequin. There shall be no more than one mannequin per store. The clothing shall be worn by the mannequin, not merely draped upon it. b.) Replace Section 141-76.21)(3) with the following: Merchandise shall be tastefully and decoratively displayed and located no more than d inches (measuring perpendicular from the front edge) from the front wall of the huildir, in which the store is located. The merchandise or display shall not extend beyond four (4) linear feet. The display shall not obstruct the storefront entrance and shall not extern above five feet from the sidewalk surface. e.) Replace Section 141-76.21)(9) with the following: Plants, trees, cut flowers and any other vegetative matter displayed for beautification not for sale shall be exempt from this section of this ordinance. '41 is d.) The following shall be added to Section 141-76.2D: (10) No display shall contain any sound or lighting of any kind and no electrical power devices such as television, internet/computer or other similar devices shall be permitted, No merchandise, instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity, as defined in N.J.S.A. 20346 :nay be displayed. e.) The following shall be added to Section 141-76.2D: (11) Businesses with any cafe tables and chairs or a sandwich board on the exterior building shall not be permitted to maintain an outdoor display. f.) The following shall be added to Section 141-76.2D: (12) All displays of merchandise and goods under the provisions of this chapter, and all window boxes or other exterior fixtures on a commercial building, shall be kept neat and clean and free from dead plants, trash, litter, and other debris. g.) The following shall be added to Section 141.-76.2D: (13) In the event that the Zoning Officer determines that any decorative display of merchandise and goods is in a state of disrepair, unkempt or unclean or presents the potential of a pedestrian hazard or otherwise fails to comply with the provisions of this ordinance, the business owner shall immediately correct the display at the request o the Zoning Officer, The Zoning Officer shall also be authorized to order the business ovmer to discontinue the display for failure to comply with this ordinance or the roue t to correct the display. If the Zoning Officer has determined that the business/building is in violation of any other municipal ordinance or regulation or state statute or regulation the Zoning Officer shall give written notice of the unsatisfactory condition of the businessibuilding and/or the violation of the terms of the ordinance, statute or regulation and the business will be required to correct this situation before proceeding with any outdoor display. h.) The following should be added to Section 141-76.2D: (14) The Zoning Officer shall be authorized to file a complaint in Municipal Court against any business owner that establishes or maintains an outdoor display in violation of the provisions of this ordinance. Any person being found in violation of this ordinance shall be subject to a fine n7an amount not to exceed one thousand dollars ($1,000.00) for each violation. -4V Sec. 32609. Outdoor storage and outdoor display. (a) Intent. The purpose of this action is to provide regulations for the outdoor storage and outdoor display of material, merchandise, and equipment. The intent of these provisions is to provide adequate and convenient areas for such outdoor storage and outdoor display while minimizing visual impacts to adjacent properties and public rights-of-way. (b) Areas of application. These regulations shall apply to all residential, commercial, and industrial districts, subject to the following exceptions and prohibitions. (1) Outdoor vehicle storage in residential districts shall be regulated by section 32-584. (2) The outdoor storage or parking of wrecked or partially dismantled vehicles at automobile service stations and public garages shall be regulated by section 32-585. (3) The storage of hazardous substances and petroleum products in commercial or industrial districts shall be regulated by section 32-598. (4) The outdoor storage of goods and materials is prohibited in the C-1 local business district. (See also section 32-313(7)(a).) (5) The outdoor storage of goods and materials is prohibited in the C-2 planned shopping district. (See also section 32-338(x)(2).) (6) Outdoor storage is prohibited in the M-1 light industrial district. (See also section 32-444(7).) (7) Outdoor storage in the M-2 general industrial district shall be regulated by sections 32-478(2) and 32-480(7). (8) Solid waste storage shall be regulated by section 32-594. (9) Items stored on a site during construction and stock piled materials within the M-3, Extractive Industrial District are exempt from these provisions. (10) Portable on demand storage used for a period of less than three months is exempt from these provisions. (11) The temporary storage of materials and equipment used during construction of a building or structure for which a valid building permit exists is exempt from these provisions. Any such material or equipment shall be removed from the site within 30 days of the issuance of the certificate of occupancy or similar notice of completion. (12) Except as may be otherwise provided for in this section, the outdoor storage or outdoor display for permitted principal uses in all residential zoning district are exempt from these provisions. (c) General provisions. Outdoor storage and outdoor display areas shall comply with the following general provisions. (1) Outdoor storage and outdoor display areas shall be prohibited in all floodplains, wetlands, drainage easement, parking stalls, and in areas where outdoor storage or display causes traffic or pedestrian circulation problems as determined by the building official. (2) Outdoor storage and outdoor display areas shall not interfere with fuel station operation, obstruct doorways, occupy loading zones, or conceal views into the site's interior which are necessary for public safety surveillance. (3) The use of a public address/outdoor speaker system in connection with outdoor storage and outdoor display areas is prohibited. This section shall not prevent the temporary use of a public address/outdoor speaker system used in connection with a special event such as, but not necessarily limited to, auctions. (d) Outdoor storage and outdoor display requirements for uses requiring special approval in residential zones. Outdoor storage and outdoor display requirements for uses requiring special approval in residential zones are as follows: (1) Outdoor storage shall be permitted only as an accessory use on the same lot or tract of land as the permitted use. (2) No outdoor storage shall be permitted in any required yard. (3) Outdoor storage shall not be seen from any public right-of-way, zoned or planned residential area, or any open space area accessible to the public. All stored items shall be screened by solid fences, walls, buildings, landscaping, or by any combination of screening elements, which comply with the requirements of this Chapter. (4) No outdoor display shall be permitted except on a temporary basis for duly authorized events such as, but not limited to, garage sales, (e) Outdoor storage and outdoor display requirements for nonresidential zones. Outdoor storage and outdoor display requirements for nonresidential zones are as follows: (1) Outdoor storage or display shall be permitted only as an accessory use on the same lot or tract of land. (2) Outdoor storage shall not be located in the front yard or nearer than ten feet to any abutting existing or planned residential area. (3) Outdoor display shall be prohibited in the RO-1 restricted office district. Except as provided in subsection (e)(7) of this section, an outdoor display area in the C-1 local business district, the C-2 planned shopping center district, the M-1 light industrial district, and the M-2 general industrial district shall not exceed an area equal to ten percent of the total at grade (first floor) area of the principal structure, or 2,000 square feet, whichever is less. (4) Items within an outdoor storage area shall not exceed a height of eight feet. (5) Outdoor storage or outdoor display areas shall not be seen from any neighboring zoned or planned residential area. All such outdoor stored of outdoor displayed items shall be screened from neighboring existing or planned residential area views by solid fences, walls, buildings, greenbelts, or any combination or screening elements, which comply with the requirements of this chapter. (6) The following merchandise, if for sale or rent on the premises, may be displayed outdoors during the hour of business operation without screening except along property lines that abut residentially zoned or used lots. Flowers and plants; b. Food products; Handcrafted products and goods; Artwork and pottery; For rent recreational equipment; Items commonly associated with periodic "sidewalk sales" and similar special events. (7) Retail establishments having an at -grade (first floor) area of the principal structure of 20,000 square feet or more may be permitted an outdoor display area subject to the following conditions: a. The outdoor display area shall be located immediately adjacent to the principal structure, with direct access to the outdoor display area available from the principal structure. b. The outdoor display area shall be located within an area capable of being secured to trespass (compound). C, The placement of merchandise shall be arranged and presented in an "open market' atmosphere and generally accessible to customers; however, this requirement shall not prevent the stacking of merchandise on racks, shelving, and similar platforms which may only be accessible by customers with the assistance of an employee. In no instance shall be height of stacked material exceed 20 feet. d. The compound shall be enclosed on its sides by the principal building and an ornamental barrier equal to the height of the material being displayed, but not less than eight feet, The first four feet of the barrier, measured from grade shall consist of a solid decorative wall. If the barrier does not entirely consist of a solid decorative wall, the barrier height above four feet shall consist of a decorative fence (other than chainlink fencing) having an opacity of at least 75 percent. (f) Outdoor display requirements for vehicle dealerships. The outdoor display of inoperable vehicles is prohibited. The outdoor display of operable vehicles (e.g., automobiles, recreational vehicles, boats, motorcycles, and trucks) for sale, where authorized by existing zoning, shall not be permitted unless the method of display conforms to the following requirements: (1) Vehicle display areas located within 100 feet of a property line shared with a zoned or planned residential area shall be located behind a landscaped greenbelt at least 15 feet wide between such property line and the display area. (See also section 32-587(f).) (2) An undulating earthen berm, ranging in height not less than one foot and at least three feet in height, shall be installed as a buffer between the display area and all streets or private road easements which extend along its frontage. The berm shall maintain an average height of 18 inches and have a 3:1 slope in accordance with section 32-587(f)(2)a.4. It shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height. The berm shall also be planted with intermediate evergreen shrubs in the ratio of three shrubs for every ten feet of berm length. Such landscaping shall be in addition to front yard landscaping, also required by this section. (See also section 32-587(8)..) (3) Not more than one vehicle display pad, which may be elevated up to three feet in height, shall be permitted for every 100 feet of road frontage directly associated with that parcel or unit. (4) Outdoor display areas shall not be located between the principal structure and the front lot line. (5) Outdoor display areas shall be hard surfaced, consisting of asphalt or concrete surfacing, brick pavers, or a grass paver system. (Ord. No. 156-A-132, § 1(19-114), 1-16-2008) Secs. 32-610--32-634. Reserved. STATE OF MICHIGAN COUNTY OF OAKLAND CITY OF FARMINGTON ORDINANCE NO. C-775-2014 AN ORDINANCE TO AMEND CHAPTER 35, "ZONING," OF THE CITY OF FARMINGTON CITY CODE, ARTICLE 7,"COMMERCIAL DISTRICTS," SECTION 35-102 "TABLE OF USES, SPECIAL PROVISIONS," IN ORDER TO REVISE THE PROVISIONS RELATING TO OUTDOOR DISPLAYS. THE CITY OF FARMINGTON ORDAINS: Section 1 of Ordinance Chapter 35, Zoning, of the Farmington City Code, Article 7, Commercial Districts, Section 35- 102, Table of Uses, Special Provisions, is hereby amended as follows: [TABLE UNCHANGED] (a) All retail businesses shall be conducted within a completely enclosed building; provided, however, that a site plan may be approved by the planning commission for accessory outdoor display, sales, or storage, including garden centers and nurseries, subject to ARTICLE 13, SITE PLAN APPROVAL and the following requirements: Outdoor display, sales, or storage may be considered for the following businesses: a. Businesses located within a Shopping Center as defined in this ordinance. b. Businesses located within a building that exceeds 10,000 square feet in size. Businesses located within the Central Business District (CBD), d. Service stations located within a "C" Commercial District. 2. Items sold shall: a. Relate and be accessory to the permanent business conducted within the building in which the business is located, such as the sale of flowers at a home improvement store, or sale of ice melt at automobile service stations, and shall be owned and operated by the same merchant operating within the building. b. Not include items that are customarily sold inside the building. For example, furniture stores may not place furniture outside for sale. C. Be located on a durable and dustless surface and shall be graded and drained to dispose of all surface water. d. Be arranged and constructed so as not to pose a hazard to pedestrians and to minimize risk of fire hazard. 3, Outdoor storage, sales, or display is allowed outside of the required yards and is confined to areas shown on an approved site plan. The planning commission may require that areas where outdoor display, sales, or storage are permitted be clearly marked with pavement markings or other means for purposes of enforcement and ensure maintenance of fire lanes. 4. Outdoor vending machines and drop boxes or donation bins shall be prohibited. This provision shall not apply to ice machines and newspaper stands. 5. Display or storage areas shall be limited to 10% of the gross floor area of the principal building, or that portion of the building occupied by the business. 6. Display or storage areas shall also maintain adequate clear area for safe pedestrian circulation along the sidewalk in front of the building, which shall be no less than 3 feet wide in C-2 and C-3; provided, however, that the width of the clear area shall in all events meet all applicable state and federal regulations and building codes, including all barrier -free and ADA requirements. 7. Displays or sales shall be prohibited on municipally -owned sidewalks, public land, or public right-of-way except as may be allowed by the City Council for special events. 8. Outdoor storage of propane tanks is permitted for service station, hardware store, and convenience store uses, except in the CBD District, provided that: a. The tanks shall not be larger than the standard 20 -pound tank size. b. The tanks are stored in a locked storage container. C. The container does not exceed 50 cubic feet and 6 feet in height. d. The container complies with all applicable fire and safety codes. e. At least 3 feet of clearance for pedestrian traffic is provided. 7 f Advertising shall be limited to 1 square foot. 9. All loading and truck maneuvering shall be accommodated on-site or on a dedicated easement. 10. Fencing and lighting for security and aesthetic purposes may be required as determined by the planning commission. Fences shall comply with All lighting shall be shielded from adjacent residential areas in accordance with Section 35-48, Exterior Lighting. IL Uncovered items may be displayed or stored outside between April 15`h and October 315`. The Building Official may extend this time as weather permits. All structures associated with temporary outdoor display shall be temporary and removed at the end of the season for storage indoors. 12. Outdoor display, sales, and storage may be permitted as part of an approved site plan, under the following terms: a. The permit shall be valid for one calendar year. b. Following the initial Planning Commission site plan approval, the permit may be renewed annually by the building official, subject to the plan originally approved by the Planning Commission. If the building official finds any violations of this ordinance or the conditions of the planning commission's original approval, no renewal shall be issued, and any new outdoor display shall require a new permit from the Planning Commission. C. Approved outdoor display, sales and storage areas may continue until such time as the property ownership changes or a revised site plan is approved. Approval shall not be transferrable to new owners or users. Changes of ownership or use shall be required to return to the Planning Commission for a renewal of their privileges, to ensure they are aware of the limitations that exist. 11. The Planning Commission may allow outdoor display, sales, and storage for businesses that do not meet the criteria listed in sub -section 1, provided all other provisions of this Section (a) are met and the applicant establishes that compliance with the strict requirements of sub -section 1 would unreasonably prevent the use of the property for a permitted purpose; that the proposed display, sales, and/or storage would not adversely affect adjacent or nearby properties and would not adversely affect the public health, welfare, and safety. 3 'Section 2 of Ordinance Severability Should any section, subsection, paragraph, sentence, clause, or word of this ordinance be held invalid for any reason, such decisions shall not affect the validity of the remaining portions of the ordinance. Section 3 o1' Ordimince; Savings This amendatory ordinance shall not affect violations of the zoning ordinance or any other ordinance existing prior to the effective date of this ordinance and such violation shall be governed and shall continue to be separately punishable to the full extent of the law under the provisions of such ordinance at the time the violation was committed. Section 4 of Ordinance Effective Date: Publication. Public hearing having been held hereon pursuant to the provisions of Section 103 of Act 110 of the Public Acts of 2006, as amended, the provisions of this Ordinance shall be published within twenty (20) days of its adoption by publication of a brief notice in a newspaper circulated in the City of Farmington stating the date of enactment and effective date, a brief statement as to its regulatory effect and that a complete copy of the Ordinance is available for public purchase, use and inspection at the office of the City Clerk during the hours of 8:30 A.M. to 4:30 P.M., Local Time. The provisions of this Ordinance shall become effective seven (7) days after its publication. Ayes: Cowley, Galvin, McShane, Schneemann, Scott. Nayes: None. Abstentions: None. Absent: None. ORDINANCE DECLARED ADOPTED. William E. Galvin, Mayor Susan K. Halberstadt, City Clerk 4 STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND ) I, the undersigned, the qualified and acting City Clerk of the City of Farmington, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the City Council of the City of Farmington at a meeting held on the 17th day of March, 2014, the original of which is on file in my office. SUSAN K. HALBERSTADT, City Clerk City of Farmington Adopted: March 17, 2014 Published:. March 23, 2014 Effective: March 30, 2014 AS APPROVED ON FIRST READING —JAN. 14 Additions To The Current Breckenridge Town Code Are Indicated By Bold + Double Underline; Deletions By Strikeout COUNCIL BILL NO. 1 Series 2014 AN ORDINANCE MAKING MISCELLANEOUS AMENDMENTS TO THE BRECKENRIDGE TOWN CODE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, COLORADO: MISCELLANEOUS TOWN CODE AMENDMENTS ORDINANCE MISCELLANEOUS TOWN CODE AMENDMENTS ORDINANCE G. Newspaper Racks: Newspaper racks. H. Transient Dealers' Merchandise: Merchandise displayed by transient dealers, when in compliance with title 4, chapter 2 of this code. I. Summer Sales Days: Outdoor displays of merchandise conducted on Summer Sales Days as established by the town manager. In setting Summer Sales Days, the town manager shall consult with representatives of the business community to determine appropriate dates. At least thirty (30) days before setting Summer Sales Days each year, the town manager shall advise the town council of the proposed dates of such event. J. Merchandise Of Historical Significance: Merchandise meeting the following criteria may be stored out of doors: 1. The merchandise relates to, or is compatible with, the history of the town. 2. The merchandise is too large or too heavy to be easily stored inside. 3. The merchandise is displayed only on the property of the business offering such merchandise for sale. 4. No more than three (3) items of merchandise per business may be displayed. 5. The merchant desiring to display such merchandise obtains a class D minor development permit for each item. K. Sculptures And Statues: Sculptures and statues, subject to the following limitations: 1. The display is on private property. 2. The display is placed in a manner that is essentially permanent in nature. 3. The size and design of the displays are in general harmony with the location in which they are placed. 4. A class D minor development permit is obtained for each item, and no more than two (2) permits may be obtained per business. MISCELLANEOUS TOWN CODE AMENDMENTS ORDINANCE Page 13 L. Mannequin: A mannequin, subject to the following limitations: 1. The mannequin is displayed on private property. No mannequin may be displayed on publicly owned property. A mannequin may be placed on commonly owned property; however, written permission for the display of the mannequin must be obtained from the owner's association or similar group responsible for the management of such commonly owned property. 2. The mannequin must be placed on the property of the business which displays it. 3. No more than one mannequin may be displayed per business. Businesses with more than one bona fide business location may display one mannequin per business location. 4. A mannequin may include a full clothing ensemble (i.e., 1 shirt, 1 skirt, 1 pair of shoes, 1 hat, etc.). 5. A mannequin must be located so as to maintain free and unobstructed access to and from the business which displays it. A mannequin may not be placed so as to block visibility of or access to any adjacent property. 6. A mannequin must be removed if it becomes a hazard due to wind or weather conditions, or if it is in a state of disrepair. 7. No sign may be placed on or hung from a mannequin. 8. A mannequin may lawfully be displayed only when the business which displays it is open. A mannequin must be stored inside when the business which displays it is closed. M. Single Item Of Merchandise: One item of merchandise offered for sale by a business, subject to the following limitations: 1. The merchandise is displayed on private property. No item of merchandise may be displayed on publicly owned property. An item of merchandise may be placed on commonly owned property; however, written permission for the display of the merchandise must be obtained from the owner's association or similar group responsible for the management of such commonly owned property. 2. The merchandise must be placed on the property of the business which displays it. 3. No more than one item of merchandise may be displayed per business. Businesses with more than one bona fide business location may display one item of merchandise per business location. 4. The merchandise which is displayed must be merchandise which is actually offered for sale by the business. 5. Clothing which is displayed outdoors must be placed on a mannequin in accordance with the provisions of subsection L of this section. 6. The merchandise which is displayed must be located so as to maintain free and unobstructed access to and from the business which displays it. Merchandise may not be placed so as to block visibility of or access to any adjacent property. 7. The merchandise must be removed if it becomes a hazard due to wind or weather conditions, or if it is in a state of disrepair. 8. No sign may be placed on or hung from the merchandise. 9. Merchandise may lawfully be displayed only when the business which displays it is open. The merchandise must be stored inside when the business which displays it is closed. 10. No tables, boxes or racks may be used to display the merchandise. Merchandise may not be displayed on a coat hanger, or placed in, attached to or hung from any tree. 11. Merchandise may not be placed in any required parking or loading spaces. OUTDOOR STORAGE AND DISPLAY OUTDOOR STORAGE AND DISPLAY Sec. 1.1 Outdoor Storage and Display Standards . . . . . 50 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 2.1.2 Outdoorstorage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . So 1.2.3 Outdoor Display . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 1.1.4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 I.111sl2fto - „,fj Louisiana Land Use Toolkit -Outdoor Storage and Display I 4t OUTDOOR STORAGE AND DISPLAY I Sec, 1.1 Outdoor Storage and Display Standards i.. i,s tt;,prkan4l:ef Sec. 1.1 Outdoor Storage and Display Standards 1.1.1 Applicability A. Any merchandise, material or equipment stored outside of a completely enclosed building shall be subject to the requirements ofthis [ordinance]. B. Where merchandise, material or equipment is stored outside of a complete- ly enclosed building in the [insert agriculturai or rural zoning districts here], and the storage area lies more than soo feet from any adjacent right-of-way or property line, the provisions ofthis [ordinance] shall not apply. Editor's Note: If including the Subdivision Code module use the following language in place of paragraph B above. Where merchandise, material or equipment is stored outside of a completely enclosed building in the Natural or Rural contexts and the storage area lies more than 100 feet from any adjacent right-of-way or property line, the provisions of this [ordinunce] shall not apply, C. Vehicles for sale, lease or rent as part of a permitted use (including boats and manufactured housing) shall not be considered merchandise, material or equipment subject to the requirements ofthis [ordinance]. 1.1.2 Outdoor Storage Materials stored in outdoor storage are not normally brought indoors over- night.. Outdoor storage is broken into the following two categories, . ♦ r. 1. Limited outdoor storage includes storage that is secondary to the prin- cipal use on the site. Storage activities include but are not limited to the overnight outdoor storage ofvehicles awaiting repair (includes the stor- age of vehicles at self -storage facility), storage of merchandise or mate- rial in boxes, in crates, on pallets or other kinds of shipping containers, shopping carts, garden supplies, building supplies, plants, fleet vehicles and other similar merchandise, material or equipment. z. Limited outdoor storage is only permitted in the mixed use, commer- cial, and industrial districts following approval of a site plan illustrat- ing the extent ofthe permitted area for limited outdoor storage and pro- vided it meets the standards below. a. Limited outdoor storage shall not be more than sa feet in height and shall be fully screened from view from the public right-of-way, public parking areas, or adjacent residential development by a loo percent opaque visual barrier or screen. b. All limited outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential district, c. Limited outdoor storage shall be located in the rear yard. d. Limited outdoor storage may be located to the side of a building, pro- vided it is not located within the side setback. e. Vehicles awaiting repair may be stored up to 14 days within the re- quired screened storage area,. E :� 1. General outdoor storage includes uses and activities that by the size and scale of their operations require the outdoor storage of products, Typical uses include but are not limited to salvage yards, vehicle storage yards, overnight outdoor storage ofshipping containers, lumber, pipe, steel, junk and other similar merchandise, material or equipment. z. General outdoor storage is only permitted in the industrial districts follow- ing review of a site plan illustrating the extent ofthe permitted area For general outdoor storage and provided it meets the standards below. a. General outdoor storage shall screened by a soo percent opaque visual barrier or screen. Such screening shall be high enough to completely conceal all outdoor storage from view from adjacent rights-of-way and any residential district. b. All general outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential district. c. No general outdoor storage shall be permitted in a street yard or other- wise forward ofthe front building line. d. General outdoor storage may be located in the side or rear yard. So I Louisiana Land Use Toolkit - Outdoor Storage and display - I 7, d'1.5i wo Sec, 1,11. PAo.okrMcarai Storae.=. ;aind Inii^aplay Sumdards 1 0UTDOOR STCPM AGE AN I1ASPLAY 1.1.3 Outdoor Display A. Outdoor display is the outdoor display of products actively available for sale. The outdoor location of soft drink or simiIarvending machines shall be considered outdoor display. Outdoor display shall not include merchandise or material in boxes, in crates, on pallets or other kinds of shipping contain- ers (such merchandise shall be considered outdoor storage). B. Outdoor display is permitted in association with any nonresidential use following approval of a site plan illustrating the extent of the permitted area for outdoor display. The area for outdoor display must meet the standards below. s. Outdoor display is permitted adjacent to the primary fagade (fa4ade with principal customer entrance) and shall extend no more than eight feet from such fa4ade. z. Outdoor display shall be located no closer than five feet from any public entrance. 3. Outdoor display shall occupy no more than 30 percent of the horizontal length of the fa4ade. q. Outdoor display shall not impair the ability of pedestrians to use the sidewalk or parking areas. 1.1.4 Definitions Editor's Note: The following definitions should be added to your existing defini- tions section. Abutting -The property directly touches another piece of property. Adjacent - see Abutting. Completely Enclosed Building - A building separated on all sides from adjacent open space or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and doors, Facade -The front of the building. ih,IIII8S%201.0 -4Jers€ :r: ' .0 Louisiana Land Use Toolkit - Outdoor Storage and Display 1 ,J OUTDOOR STORAGE AND DISPLAY I Sec. 1.1 Outdoor Storage and Display Standards THIS PAGE LEFT INTENTIONALLY BLANK Louisiana Land Use Toolkit - Outdoor Storage and Display arJ e P w Wei r