Plymouth City Zoning Code
CHAPTER 19
84 OUTDOOR SALES AND STORAGE
§ 19.84.010 Purpose.
The purpose of this chapter is to regulate outdoor sales and display, outdoor storage, and outdoor seating uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter.
(Ord. 2014-01 § 1; Ord. 2022-03 § 3)
§ 19.84.020 Applicability.
The requirements of this chapter apply to any outdoor sales, storage, display, and seating area installed as part of any existing or proposed development.
(Ord. 2014-01 § 1)
§ 19.84.030 General Standards for All Activities.
The development standards listed below apply to all outdoor sales, storage, display, and seating activities.
A.
Location. Outdoor activities may be located as follows:
1.
Within required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted on a temporary basis through the issuance of a Administrative Use Permit, pursuant to the requirements of Section 19.14.030 (Administrative Use Permit).
2.
Within a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the Building Code.
3.
Within a public right-of-way (e.g., public sidewalk) or easement area with the issuance of an encroachment permit.
B.
Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with the corresponding operating hours for the primary use.
C.
Noise. Any noise generated by the outdoor activity shall be consistent with the City's noise regulations in Chapter 9.01 (Noise Amplification).
D.
Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 19.92 (Signs).
E.
Maintenance. Outdoor activity areas shall be kept free of garbage and other debris.
F.
Path of Travel and Access. The activity shall not encroach into any required pathway or maneuvering area as required by the Americans with Disabilities Act (ADA) or other regulations. Fire doors, emergency exits, and other required access shall not be blocked.
G.
Public Safety. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance.
(Ord. 2014-01 § 1; Ord. 2022-03 § 3)
§ 19.84.040 Outdoor Sales and Display.
A.
Limited Outdoor Sales. All indoor uses shall be conducted within a completely enclosed structure. Any outdoor display and sales not specifically allowed by the use class or any other provision of this title shall be conducted only if approved by the Planning Director pursuant to Section 19.14.030 (Administrative Use Permit), with the exception of display and sales subject to the provisions of subsection C (Outdoor Nursery and Building Improvement Sales).
B.
Sales and Display in Front of Buildings. Merchandise, such as sale items, shall not be displayed outside in the front of a building unless an Administrative Use Permit has been granted pursuant to Section 19.14.030 (Administrative Use Permit). The display shall not take place on public sidewalks.
C.
Outdoor Nursery and Building Improvement Sales. If the outdoor sale of nursery and building improvement items is allowed, these items may be sold from one exterior yard that is adjacent to the primary building and is attractively screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing, and landscaping. Plants and building improvement items shall be displayed and sold inside the screened area only.
D.
Mobile Vendors. Mobile Vendors selling merchandise and/or food within the Highway Scenic Corridor and Downtown Historic Overlay Districts, and within all residential Zoning Districts within the City is prohibited, except with the issuance of an Administrative Use Permit.
E.
Maximum Area.
1.
The area used for permanent outdoor display and sales of materials shall not exceed 10% of the gross floor area of the corresponding commercial building (unless authorized by a Use Permit).
2.
The aggregate display area shall not exceed 25% of the linear frontage of the store front or six linear feet, whichever is greater, and items may not project more than four feet from the storefront.
3.
Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development requirements are satisfied.
F.
Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet above finished grade, unless a greater height is allowed through use permit approval.
G.
Dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust.
(Ord. 2014-01 § 1; Ord. 2022-03 § 3)
§ 19.84.050 Outdoor Seating.
The following development standards shall apply to all permanent outdoor seating:
A.
Applicability. Outdoor seating is permitted in all zones, by right, on private property in compliance with this chapter. Seating may also be permitted on the public sidewalk and other public rights-of-way with approval of an encroachment permit from the Public Works Department.
B.
Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating, including any design requirements hereafter enacted, from the building frontage to the curb.
C.
Compliance. The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way or blocking ADA accessible paths, health and safety laws, public cleanliness laws, and laws regulating the sale and public consumption of alcohol.
D.
Landscaping. Outdoor seating areas (restaurants) shall have landscaping in the form of potted plants.
(Ord. 2014-01 § 1)
§ 19.84.060 Outdoor Storage.
The following development standards shall apply to all permanent outdoor storage activities:
A.
Location. Outdoor storage may not be located within any required front or street side yard for the applicable zoning district within which the activity is located and shall not be located immediately adjacent to a Residential Zoning District.
B.
Height Limitation. The height of stacked materials and goods shall be no greater than that of any screening material within 100 feet of street-fronting screens enclosing the storage area, unless specifically stated as a development standard associated with a use.
(Ord. 2014-01 § 1)
§ 19.84.070 Extended Storage and Parking in Residential Zones.
A.
Recreational vehicles, all vehicle trailers (e.g., travel, boat, animal, utility), boats and other water craft, and personal utility trailers are permitted to be placed, parked, stored, and maintained within residential Zones within the City, subject to the following:
1.
Not permitted beyond a 72 hour limit on the same block face of any public street, right-of-way or easement area within the same 30 day time period.
2.
Permitted inside an enclosed accessory structure or carport that conforms to the zoning requirements of the particular residential zone in which it is located.
3.
Permitted within the interior side and/or rear yard, provided that such yards are effectively screened by a solid six foot-high wooden fence, provided the unit does not block the only window that opens, or door of a room used for human habitation, and provided that access be provided from an existing or newly constructed curb cut and driveway.
4.
The number of recreational vehicles and/or trailers is limited to one. When placed, parked, and/or stored within interior side and/or rear yards not readily visible by the public a total of two may be stored.
5.
Permitted within the front yard only when:
a.
No space is available within the interior side and/or rear yard.
b.
No reasonable access is available to either the side or rear yard (a corner lot is always deemed to have reasonable access to the rear yard and a fence is not necessarily deemed to prevent reasonable access).
c.
Interior side and/or rear yard placement, parking, and/or storage is not possible anywhere on the property.
6.
Placement, parking, and/or storage shall take place upon a concrete pad designed and installed for such intended use, or upon an existing driveway, with access from an existing or newly constructed curb cut (subject to encroachment permit requirements per Chapter 12.08, Encroachments.
7.
To maintain open space within required residential front yards, as intended by this title and by adopted residential design guidelines, newly constructed concrete pads, installed for the intended use of placing, parking, and/or storing a recreational vehicle or personal trailer, shall not be placed in front of a window or doorway of any room used for human habitation, nor obstruct significant views from an adjacent property.
8.
No part of the recreational vehicle or personal utility trailer shall extend over the public sidewalk or public right-of-way, or block corner visibility for pedestrians or motorists.
9.
Recreational vehicles and personal utility trailers shall be properly maintained and fully operational, and must be currently registered with the Department of Motor Vehicles.
10.
Recreational vehicles and personal utility trailers shall be owned by the resident on whose property the recreational vehicle or personal utility trailer is placed, parked, and/or stored, or by written permission of the property owner.
11.
Inoperative motor vehicles, recreational vehicles, and personal utility trailers, or parts of any of the foregoing, are expressly prohibited from placement, parking, storage, maintenance, and/or repair within any residential front, side, or rear yard.
12.
No operational or inoperative motor vehicle, recreational vehicle, or personal utility trailer shall be placed, parked, or stored within landscape areas, or directly upon the ground.
B.
All new development of residential units within the City shall be encouraged to provide side yard access for the placement, parking, and/or storage of recreational vehicles where feasible within the new development.
C.
Building materials are expressly prohibited from placement or storage within any residential yard, except building materials for use on the premises and placed or stored thereon during the time a valid construction project is under way or a valid Building Permit is in effect for the premises.
(Ord. 2014-01 § 1)