§ 4.6.6. Commercial and industrial uses to operate within a building.

(A)

Intent.

(1)

All commercial and industrial uses shall conduct within a completely enclosed building rather than outside regardless of the zoning district. However, certain aspects of a use may be conducted outside and such aspects are identified in (B) below. [Amd. Ord 27-08 6/17/08]; [Amd. Ord 60-93 10/12/93]

(2)

Certain conditional uses that are allowed within commercial, industrial, and mixed use districts can be characterized as outside uses. Such operations may be conducted outside when it is specifically determined through the conditional use process that the outside aspects of the use are appropriate. Conditions may be applied to mitigate visual and other impacts. [Amd. Ord. 60-93 10/12/93]

(3)

Commercial and industrial uses may be allowed outside on a temporary basis for special events pursuant to Section 2.4.6(F). [Amd. Ord 27-08 6/17/08]

(B)

Allowable outside usage. The following aspects of a use may be conducted outside, pursuant to the restrictions listed in Section 4.6.6(C) below. [Amd. Ord. 60-93 10/12/93]

(1)

Off-street parking.

(2)

Refuse and service areas. [Amd. Ord. 60-93 10/12/93]

(3)

Storage of nursery plants.

(4)

Fruit and vegetable displays.

(5)

Signage.

(6)

Outside dining areas. [Amd. Ord. 60-93 10/12/93]

(7)

Loading and unloading of materials. [Amd. Ord. 60-93 10/12/93]

(8)

Outside storage where specifically permitted within a zoning district. [Amd. Ord. 60-93 10/12/93]

(9)

Activities associated with outside conditional uses, pursuant to (A)(2) above. [Amd. Ord. 60-93 10/12/93]

(10)

Retail displays. [Amd. Ord. 60-93 10/12/93]

(C)

Restrictions on outside usage.

(1)

Dumpsters, recycling containers, and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. [Amd. Ord. 60-93 10/12/93]

(2)

Outside storage. Materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. Outside storage may not be located within a required setback area. It is not intended that sales or customer service be conducted in an area designated for storage. [Amd. Ord. 60-93 10/12/93]

(3)

Outdoor retail displays. [Amd. Ord. 60-93 10/12/93]

(a)

Outdoor retail displays must be located adjacent to the building containing the main use, on property owned or leased by the business conducting the main use. No display is permitted on public rights-of-way, except when part of an approved special event. [Amd. Ord. 60-93 10/12/93]

(b)

Outdoor display areas may not exceed ten percent of the square footage of the interior of the building which contains the main use. [Amd. Ord. 60-93 10/12/93]

(c)

When an outside display of plants is associated with nurseries and garden shops, one-half of the ground area devoted to such use shall be considered as "floor area" for the purposes of calculating and providing on-site parking. [Amd. Ord. 60-93 10/12/93]

(d)

The Fire Marshal may require the removal or modification of outside displays upon written order, when such displays prevent or impede adequate ingress and egress for emergency purposes. [Amd. Ord. 60-93 10/12/93]

(4)

The City Manager shall have authority to grant administrative relief from LDR Section 4.6.6(C)(3) provided that: [Amd. Ord. 76-94 10/18/94]

(a)

The outside display areas are part of an approved special event. [Amd. Ord. 76-94 10/18/94]

(b)

The administrative relief shall not exceed ten calendar days in duration. [Amd. Ord. 76-94 10/18/94]