Bulverde City Zoning Code
ARTICLE 14
14 OUTDOOR STORAGE AND SALES
§ 14.14.001 Purpose.
The purpose and intent of this article is to regulate outdoor storage, temporary outdoor sales and sidewalk sales in the C-1, C-2, C-3, and I-1 districts. Such outdoor storage, temporary outdoor sales, and sidewalk sales shall meet the standards listed in this article 14.14.
(Ordinance 504 adopted 11/14/17)
§ 14.14.002 Definitions.
In this article the following terms have the meaning ascribed to them below:
The placement of goods, materials, merchandise or vehicles outdoors for sale or rent. Outdoor storage includes, but is not limited to, outside storage as defined in article 14.02 of this code and the placement of goods, material, merchandise, or vehicles within a portable storage container that is placed outdoor. Outdoor storage does not include sidewalk sales or properly permitted temporary outdoor sales.
A permit granted by the city council for a temporary outdoor sale.
Retail sales involving extension of the sales area into the walkway outside an operating business, but not into any outdoor area outside of such walkway.
Sales of goods, merchandise, services, food or other items outdoors on a temporary, sporadic or seasonal basis, rather than on a routine, day-to-day basis. Temporary outdoors sales do not include a farmer’s market as defined in article 14.02 or a sidewalk sale.
(Ordinance 632 adopted 1/12/21)
§ 14.14.003 Outdoor storage.
(a)
Outdoor storage is prohibited in the C-1 and C-2 districts.
(c)
Except as expressly prohibited by any other provision of this code, outdoor storage is permitted within the C-3 and I-1 districts, subject to the following requirements:
(1)
It shall be unlawful to conduct any outdoor storage on any public street, public right-of-way, median, sidewalk, or any vacant or unimproved lot or parcel within the corporate limits of the city.
(2)
Outdoor storage shall take place only in those areas designated for such use on a site plan.
(3)
Outdoor storage shall not take place in any required front setback area.
(4)
Outdoor storage shall take place only within the side or rear yard (see figure).
(5)
Outdoor storage shall be limited to areas that are surfaced with asphalt, concrete, gravel, or, if approved by the city manager or designee, other materials that are equal in quality or appropriate for the use, such as plant material stored and displayed on an unpaved surface.
(6)
Materials posing an environmental hazard, such as soil, fertilizer, lumber or other loose, unprotected material, shall be fully contained to prevent leaking or runoff.
(7)
The total area occupied by outdoor storage must not exceed 40 percent of the total air-conditioned area of the main building located on the same lot or parcel.
(8)
The area occupied by outdoor storage must be enclosed with a fence when located in a side or rear yard. In addition, the area and all goods stored, displayed or for sale/rental must be screened from off-site view. Said screening shall be achieved through the use of fencing or evergreen plants. Fences must be constructed of stone, brick, stucco or other material approved by the commission, and must be consistent with the design of the main building. In the event evergreen plants are used for screening, they must be six feet tall or the height of goods stored, displayed, or for sale/rental (whichever is less) at the time of planting, and must be spaced to completely conceal and reach the height of the goods stored, displayed, or for sale/rental within three years of planting.
(Ordinance 504 adopted 11/14/17)
§ 14.14.004 Temporary outdoor sales.
(a)
Temporary outdoor sales may only be conducted in the C-1, C-2, C-3, and I-1 districts.
(b)
The city council may deny or grant a sales permit for a temporary outdoor sale, and may subject a granted sales permit to such reasonable conditions as will safeguard health, safety, convenience, and welfare of the general public and the surrounding property, including but not limited to conditions related to traffic and parking controls, types of structures, security, duration, hours of operation, and signage. A sales permit or a temporary outdoor sale shall not confer any nonconforming rights on a property.
(c)
Applications for a sales permit shall include the following information:
(1)
Name of business or person submitting the application;
(2)
Applicant’s address and telephone number;
(3)
A brief description of the goods to be sold;
(4)
The applicant’s state sales and use tax permit number;
(5)
Proposed signage, including location and size;
(6)
Dates and times of the proposed temporary outdoor sale; and
(d)
All sales items, structures, and other items associated with a temporary outdoor sale shall be removed no later than 24 hours after the end of the final day stated in the sales permit.
(e)
Conducting a temporary outdoor sale without a valid sales permit is prohibited. Conducting a temporary outdoor sale in a manner that is inconsistent with any conditions placed on a sales permit is prohibited.
(f)
Upon reasonably determining that the conduct of a temporary outdoor sale is in violation of any law, the provisions of this code related to noise, nuisances or food safety, or otherwise has a negative effect on the health, safety, convenience, or welfare of the public or surrounding property, the city manager may revoke a sales permit. Revocation of a sales permit is effective upon personally serving a written notice of such revocation on the person that submitted the application required under subsection (c) above, or such person’s employee or agent, or upon deposit of such notice in the U.S. Mail with proper postage addressed to the address provided in the application submitted pursuant to subsection (c), above.
(Ordinance 504 adopted 11/14/17)
§ 14.14.005 Sidewalk sales.
(a)
Sidewalk sales are allowed within the C-1, C-2, C-3, and I-1 districts, subject to the following requirements:
(1)
Sidewalk sales shall be limited to the walkways abutting an operating business and shall be prohibited within public rights-of-way, off-street parking areas, loading areas, and emergency lanes.
(2)
Sidewalk sales shall not include cooking, preparation, or the sale of food.
(3)
Sidewalk sales shall not obstruct doorways nor unreasonably impede pedestrian traffic.
(4)
Sidewalk sales shall be conducted only during the regular hours of operation of the business. No merchandise shall be left outdoor when the business is closed and merchandise sold shall be directly related to the retail establishment.
(5)
Sidewalk sales shall be limited to 60 days total in any calendar year. No sidewalk sale may be conducted for more than 20 consecutive days.
(Ordinance 504 adopted 11/14/17)
§ 14.14.006 Exemptions.
(a)
The following items shall be exempt from the requirements of this article:
(1)
Machines placed adjacent to exterior walls and that hold or dispense ice, packaged food or drink, videos, or similar items;
(2)
Shopping cart return stalls located in the parking area, excluding the storage of shopping carts adjacent to the buildings for customers to retrieve as they enter the business establishment; and
(3)
Cages or bins placed adjacent to exterior walls and that hold propane, firewood, rock salt, corn, or similar items the sale of which indoors is impractical.
(b)
The following uses shall be exempt from sections 14.14.003(c)(3), 14.14.003(c)(4), 14.14.003(c)(7) and 14.14.003(c)(8):
(1)
Boat sales and service;
(2)
Equipment rental, heavy/construction equipment;
(3)
Farm equipment sales;
(4)
Garden center;
(5)
Landscaping nursery, wholesale material sales, including brick, stone and soils sales, and fountains and statuary;
(6)
Mobile/manufactured home sales;
(7)
Motor vehicle rental/leasing;
(8)
Motor vehicle sales/service center, new or used;
(9)
Motor vehicle storage lot;
(10)
Portable building sales; and
(11)
Tree farm.
(Ordinance 504 adopted 11/14/17)