§ 17.42.130 Outdoor displays and sales.
A. Applicability. The provisions of this section apply to temporary and permanent facilities for outdoor display, sales (e.g., garden nurseries, lumber yards, news and flower stands, and similar uses where merchandise is displayed for sale), and outdoor eating areas, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.
B. Temporary Outdoor Displays and Sales. Businesses in the CI zoning district shall be permitted to hold three (3) day seasonal or promotional sales events including the outdoor display and sales of merchandise up to a maximum of four (4) times per year, subject to the following requirements and conditions. For all other temporary outdoor displays and sales see Section
17.62.030 (Limited term permit) of this title.
1. All adjacent property and business owners shall be notified of the event and planned activities a minimum of seven days prior to the event. Efforts must be made to reduce identified impacts on these adjacent properties and businesses.
2. Adequate parking shall be provided on-site and, as necessary, in the vicinity to accommodate event guests and employees.
3. Live amplified music shall be limited to between 11:00am and 5:00pm during any event.
4. It is not anticipated that the events would be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
5. The site shall be cleaned of debris, litter, and other evidence of the temporary activities on completion or removal of the activities and shall thereafter be used in compliance with the provisions of the Land Use Code.
6. No alcohol shall be served or consumed on-site.
7. Provide temporary traffic control at the start/end of events as needed based on visitation and capacity. Any parking monitors/attendants and any persons directing traffic shall wear reflective vests.
8. Any use of porta potties shall provide protection from storm drain impacts, including secondary containment, or sealing of any on-site storm drains until the porta-potties are removed from the site.
9. If a tent will be used during any of the events, a Sonoma Fire permit and inspection is required prior to the event.
C. Permanent Outdoor Displays and Sales. The permanent outdoor display and sale of merchandise shall comply with the following standards:
1. The outdoor display of merchandise shall not exceed a height of six feet above natural grade, unless a greater height is allowed through use permit approval.
2. Outdoor display and sales areas shall not encroach into required setback areas or the public right-of way. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of ten feet from adjoining property lines unless otherwise allowed through use permit approval.
3. Displayed merchandise shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicle traffic.
4. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.
5. The review authority may require that outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales be screened from the view of adjoining public rights-of way by decorative walls, fences, or landscaping.
6. An outdoor display or sales area shall not entitle a site to additional signs, beyond those normally allowed by Chapter 17.38 (Signs) of this title. § 17.62.030Limited term permit.
A. Purpose. This section establishes procedures for the granting of limited term permits for short-term activities.
B. Applicability. A limited term permit allows the short-term activities listed in subsection E of this section, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. This section does not apply to weekly or otherwise frequently recurring farmers markets, which are instead subject to use permit approval as required by Section 17.22.020, Tables 2-2 and 2-3 (Allowable Land Uses) or to seasonal or promotional sales events in the CI Zoning District, which are instead subject to the requirements of Section 17.42.030 B.
C. Review Authority. A limited term permit may be approved or denied by the director, in compliance with this section.
D. Exempt Temporary Uses and Activities. The following temporary uses and activities are allowed without obtaining a limited term permit. Temporary activities that do not fall within the following categories shall comply with subsection E of this section:
1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities;
2. Garage Sales. Garage sales, not to exceed three per year, and two consecutive days for each sale;
3. Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code;
4. Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property;
5. Tents and Similar Temporary Structures. A tent or similar temporary structure; provided, that it is located on a site for a maximum of seventy-two consecutive hours, by the end of which it shall be entirely removed from the site. No site shall have a tent or similar temporary structure more than two times per year.
6. Garden stands and produce stands as allowed by Section 17.22.020, Table 2-2[1] (Section 17.22.020) (Allowable Land Uses).
7. Seasonal or promotional sales events in the CI zoning district, as allowed by Section
17.42.130 B.
[1] Editor's Note: Table 2-2 is included as an attachment to this title E. Temporary Uses Allowed with a Limited Term Permit. A limited term permit may authorize the following temporary activities within the specified time limits, but in no event for more than twelve months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
1. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage and second hand sales, and swap meets for up to seven consecutive days, or six three-day weekends, within a twelvemonth period, allowed only on property within the CE, CG, CD, SPD, CI, IG, and PF zoning districts.
2. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the director, but not to exceed twelve months.
3. Model Homes and Temporary Real Estate Sales Offices. One or more model homes within a subdivision, including a temporary real estate sales office, may be authorized prior to the completion of a multifamily residential project and/or residential subdivision in compliance with the following standards:
a. A paved, off-street parking lot with two spaces per model home unit, handicapped parking in compliance with Section 17.36.060 (Disabled/handicapped parking requirements) of this title, and landscaping shall be provided. The review authority may allow the use of on-street parking in lieu of a parking lot where it is demonstrated that two spaces per model home can be accommodated immediately in front of the model home; no parking spaces will be located in front of an occupied residence; and handicapped accessibility to the sales office in compliance with Section 17.36.060 of this title will be maintained.
b. Individual utility connections shall be provided to each model home. c. The sales office, any structure not incompliance with applicable setback requirements, and any off-street parking shall be converted back to residential use and/or removed prior to the issuance of the certificate of occupancy or within fourteen days from the sale of the last lot in the subdivision, whichever occurs first.
d. Landscape and irrigation plans shall be reviewed as part of the limited term permit, and all model home landscaping shall comply with Chapter 17.34 (Landscaping Standards) of this title. No irrigation shall cross a property line.
e. The model home or temporary real estate office shall be used only to sell units within the subdivision within which model home is located.
f. All required permits (e.g., tentative map, hillside development permit, grading permit, etc.) shall be secured prior to commencing any work.
4. Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to thirtyfive days.
5. Construction yards—Off-site. Off-site contractors' construction yards, including a work trailer in conjunction with an approved construction project or material staging. The limited term permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
6. Pop-up retail, including general retail, restaurants, entertainment, arts activity, or other similar activity as determined by the Director, for a 12-month period, with up to two one-year extensions, for a maximum of three (3) years, when located within an existing structure(s) or temporary structure(s) (no construction of new permanent structures/facilities).
7. Interim activities on vacant or underutilized sites, when located within an existing structure(s), defined area or temporary structure(s) (no construction of new permanent structures/facilities), including arts activities and general entertainment, or similar activities as determined by the Director, for a 12-month period, with up to two one-year extensions, for a maximum of three (3) years, when conducted on non-residential properties
8. Similar Temporary Activities. A temporary activity that the review authority determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning district and surrounding land uses.
F. Development Standards. The review authority shall establish the following standards based on the type of temporary use, using the requirements of the applicable zoning district and Articles 2 and 3 for guidance:
1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2. Measures for removal of the activity and site restoration, to ensure that changes to the site do not limit the range of possible future land uses otherwise allowed by this land use code; and
3. Limitation on the duration of approved "temporary structures," to a maximum of one year or as otherwise permitted through a formal extension process, so that they shall not become permanent or long-term structures.
G. Application Filing and Processing. An application for a limited term permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection I of this chapter.
H. Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this land use code.
1. Public Notice and Meeting. Prior to a decision on a limited term permit, the director shall hold a public meeting. The city shall provide notice of the public meeting in compliance with the following:
a. Contents of Notice. The notice shall include the following information and any additional information determined by the director to be appropriate:
i. Meeting Information. The date, time, and place of the meeting, and the name of the meeting body or officer; the phone number and street address of the department where an interested person may call or visit to obtain additional information; and ii. Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property that is the subject of the meeting.
b. Method of Notice Distribution. Notice shall be mailed or delivered at least 10 days prior to the date of the meeting to the following:
i. Owners of the Project Site. The owners of the property being considered in the application; and
ii. Affected Owners and Occupants. All owners and occupants of real property as shown on the latest county equalized assessment roll, within a radius of 500 feet from the exterior boundaries of the parcel that is the subject of the meeting.
I. Findings and Decision. A limited term permit may be approved only after the review authority first finds that the requested activity complies with the development standards in subsection F of this section, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
J. Post Approval Procedures. The procedures and requirements in Chapter 17.64, Permit Implementation, Time Limits, and Extensions, and those related to appeals in Chapter 17.84, Appeals, shall apply following the decision on a limited term permit application.
1. Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, and other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this land use code.
2. Performance Security for Temporary Structures. Prior to issuance of a limited term permit them applicant shall provide performance security in a form and amount acceptable to the review authority to guarantee removal of all temporary structures, cleanup and restoration of the site within thirty days following the expiration of the limited term permit.