Sebastopol City Zoning Code
17.300 Outdoor
Uses
17.300.010 Applicability.
This chapter establishes regulations for outdoor uses in commercial, industrial, and mixed-use development. This chapter applies to all uses referenced herein that are proposed as part of a nonresidential or mixed-use development. (Ord. 1111, 2018)
17.300.020 Permitted outdoor uses.
The following uses, if identified as a permitted use in the district, shall be permitted outside of a building, provided they do not occupy or block required parking spaces or access thereto; do not impede pedestrian walkways or vehicle driveways; are entirely on private property, or on public property when otherwise permitted by this code, or when a license agreement or encroachment permit has been approved by the City:
A. Outdoor vending or display when otherwise permitted by this code.
B. Incidental display of merchandise in nonresidential districts, subject to the following restrictions:
1. The merchandise is located within 10 feet of the building.
2. The display area does not exceed 30 square feet.
3. The merchandise is not displayed during nonbusiness hours.
C. Plant materials, flower pots, garden supplies, trellises and the like, provided they are accessory to an otherwise permitted use.
D. Building materials accessory to a hardware store or similar use.
E. Fruits, vegetables and flowers, provided they are accessory and incidental to an otherwise permitted use.
F. Patio tables, chairs, umbrellas, and similar outdoor accessories used in connection with a restaurant.
G. Vending machines when accessory to a business conducted within a building.
I. Vehicle fueling and related uses.
J. Outdoor newsstands when otherwise permitted by this code.
K. Outdoor vending carts in nonresidential districts, subject to approval of a use permit and a design review permit.
L. Farm markets when otherwise permitted by this code.
M. Chairs accessory to a legally established restaurant or other eating and drinking establishment that are located immediately in front of the business and are not used for customer dining or drinking.
N. Portable landscape and cigarette disposal receptacles accessory to a legally established retail establishment, restaurant, or other eating and drinking establishment that are located immediately in front of the business.
O. Christmas tree, pumpkin, and similar seasonal sales in nonresidential districts, with approval of a temporary use permit.
P. Sandwich board signs as permitted by Chapter 17.120 SMC, Sign Regulations. (Ord. 1111, 2018)
17.300.030 Temporary use of shipping containers for storage.
No person shall place, or cause to be placed, use, or permit the use of, any shipping container as a storage building, except in conjunction with a permitted use in the M District and the OLI District, or for the temporary housing of equipment and/or materials during construction as authorized by a City building permit. A shipping container or “pod” may also be utilized for storage purposes, for example, in conjunction with a home improvement project or during a move, by a private property owner for a period of up to three months. The Planning Director may approve a six-month extension to the three-month time limit upon demonstration by the property owner that the project has been extended and where the property owner has demonstrated an effort to comply with the guidelines set forth in this section. (Ord. 1111, 2018)
17.300.040 Commercial outdoor barbecues.
A. Setbacks. As shown in Table 17.25-2, the outdoor commercial barbecue shall have a minimum setback of 10 feet from any property line.
B. Fire Prevention and Response.
1. No person shall kindle or maintain any fire in an outdoor commercial barbecue not constructed in accordance with the requirements of the Sebastopol Fire Department and located in noncombustible enclosures, without first having obtained a permit from the Fire Chief. In granting the permit, the Chief shall take into consideration the following:
a. The hours between which burning may be conducted;
b. The number and size of barbecues;
c. The type of fuel that will be used;
d. The proximity to vegetation, buildings and structures;
e. Any other condition or restriction that may be required from time to time by resolution of the City Council.
2. The Fire Chief is authorized to deny a permit request or to require that an outdoor commercial barbecue be immediately discontinued if the Chief determines that smoke emissions are likely to be, or are, offensive to occupants of surrounding property and/or constitute a hazardous condition.
3. Every commercial outdoor barbecue and associated equipment shall be equipped and maintained with a spark arrestor and fire extinguisher and shall be maintained in good working order and a safe condition at all times.
4. Any resulting refuse, trash, rubbish or combustible waste material shall be properly and responsibly disposed of in order to avoid fire hazards.
5. The expenses of fighting fires, which result from a violation of this section, shall be charged against the person or corporation whose violation of this section caused the fire. Damages caused by such fires shall constitute a debt of such person and are collectable by the Fire Chief in the same manner as in the case of an obligation under a contract, expressed or implied.
6. The outdoor commercial barbecue shall comply with all applicable building codes, fire codes, and air quality rules and regulations. (Ord. 1111, 2018)
17.300.050 Beekeeping.
A. Best Management Practices. Beekeeping operations shall comply with the Sonoma County Beekeeper’s Association’s (SCBA) Recommended Best Management Practices (BMPs) for Sustainable Beekeeping dated October 10, 2016, as may be amended. The Recommended BMPs for Sustainable Beekeeping addresses the following topics:
1. Location and placement of hives;
2. Hive density;
3. Hive management;
4. Hive maintenance;
5. Colony temperament;
6. Swarming/honey bee removal and relocation; and
7. Disease control.
B. Hive Location. Hives shall be set back a minimum of five feet from property lines and shall not be located in any required front yard. Screening, foliage, shrubs, trees, fencing, and barriers shall be located as necessary to redirect any bee flight path to minimize human and animal contact. Screening should be of sufficient density and length to establish bee flyways above head height (a minimum of six feet) in all directions. (Ord. 1111, 2018)