§ 27-612. Districts C-0, C-1, C-D, C-2, and C-3.

In the nonretail business (C-0), limited business (C-1), central business (C-D), general business (C-2), and commercial districts (C-3), accessory uses are as follows:

(1)

Those accessory uses permitted in district C-O.

(2)

Parking areas.

(3)

Storage buildings.

(4)

Signs as permitted by this article.

(5)

Floodlighting and other similar uses.

(6)

Exterior sales and vending on private property provided that:

a.

Commercial uses with a business license (occupation tax receipt) before December 31, 2008.

1.

The exterior sales or vending machines do not block an interior sidewalk.

2.

The exterior sales or vending machines do not block any exterior windows.

3.

The exterior sales or vending machines must be at least five feet away from all public doors.

4.

Exterior sales area and vending machines are only permitted on private property unless it complies with the street vending ordinance.

5.

The exterior sales or vending machines must leave adequate space for vending customers and those using the sidewalk.

6.

Video rental vending machines are not allowed in exterior locations except under the following circumstances:

i.

The site does not have a drive-thru window or drive-up service.

ii.

At least 15 percent of the facility traffic is generated by pedestrians walking from the surrounding neighborhood.

iii.

The machine is located so as to not interfere with vehicular traffic; and

iv.

There is sufficient stacking area for pedestrians to wait on a sidewalk.

v.

The area where the device is placed is monitored by a security camera.

7.

Any exterior sales area must remain neatly organized and free of litter.

8.

Any exterior sales or vending area must be flush with the facade of the building.

9.

No more than one exterior sales display or vending machine is permitted per property except as follows:

i.

If the exterior sales displays and vending machines are located on a side of the building not facing a road or street then the number of allowed exterior sales displays or vending machines shall be increased to three.

ii.

If the exterior sales display and vending machines are screened by side walls, decorative fencing, shrubs, and other landscaping as approved by the Urban Planning Department then the number of allowed exterior sales displays and vending machines shall be increased to three.

iii.

For every 200 feet that the façade on which the exterior sales display or vending machine is located is set back from the nearest road or street right-of-way then the number of allowable exterior sales displays or vending machines shall be increased by one.

10.

No additional signage that would require a permit is allowed.

11.

The area allowed for exterior sales or vending may not exceed 24 square feet.

12.

No more than one propane exchange locker may be allowed per property, unless:

i.

The site for the propane exchange lockers are located at least 200 feet from the nearest street; and

ii.

The propane exchange lockers are at least 20 feet away from the nearest public door; and

iii.

The retailer offering the propane exchange service on its premises also sells gas grills of the type that typically use propane as a fuel.

13.

No signage is allowed beyond the surface of the vending machine.

b.

Exterior sales and vending machines are not permitted in the official commercial overlay zone area west of 94th Street or on new projects in planned districts, with the exceptions:

1.

Products that cannot be sold indoors for safety and regulatory reasons (e.g., propane exchange lockers).

2.

If the facility is a grocery store over 15,000 square feet.

(7)

Collection facilities are permitted for clothing or recycling provided:

a.

The facilities are located at within 20 feet of the rear property line, or as far from a public street as the site design will allow.

b.

Does not create a significant lack of parking.

c.

Dumpster style recycling facilities must be screened on three sides.

d.

Overflow dumping around the facility is not allowed.

e.

Facilities must remain neatly painted. Facilities that are damaged, rusty or significantly faded paint are not permitted.

(8)

Farmers' markets.

a.

Farmers' markets are allowed upon submitting an annual agreement with the department of urban planning and land use in these districts. Farmers' markets that take place outside of the following zoning districts require a special use permit.

(9)

Food truck and mobile vending.

a.

Food trucks and mobile food vendors, including mobile markets, are allowed upon submitting an annual agreement with the department of urban planning and land use in this district. Food trucks or mobile food vendors that operate outside of the allowed zoning districts require a special use permit. All vending vehicles must comply with the following stipulations:

1.

The sales or vending area does not block an interior sidewalk and sidewalk remains ADA compliant.

2.

There is sufficient stacking area for pedestrians to wait on a sidewalk.

3.

Vendor does not install any permanent improvement on the sidewalk.

4.

Vehicle is not parked in a no-parking zone.

5.

Does not occupy parking required for other businesses.

6.

If in a metered spot, meter is paid.

7.

Proper trash receptacles are available and utilized. The operator is responsible for removing any trash on or offsite associated with the operation.

8.

May not operate within 500 feet of a public entrance of an established business offering similar products during the hours that the business is open to the public.

9.

Hours of operation do not exceed 9 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday.

(Code 1988, § 27-1276; Ord. No. 64690, § 1(27-61.6), 8-30-1984; Ord. No. O-14-11, § 1, 3-31-2011; Ord. No. O-66-15 , § 1, 12-10-2015; Ord. No. O-67-15 , § 1, 12-10-2015; Ord. No. O-14-16 , § 1, 3-31-2016; Ord. No. O-35-18 , § 1, 9-27-2018)