Agenda Date: 09/01/2015
Subject:
Title
An ordinance amending the city code concerning temporary outdoor displays of merchandise in C-A and B-2 zones to eliminate the number of days each month when outdoor displays of merchandise shall be allowed.
Body
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Presented By: |
Mike Braaten, Deputy City Manager |
POLICY QUESTION:
Does city council support amending the city code section 8-1-5(E) Temporary Outdoor Display Of Merchandise in CA And B-2 zones?
BACKGROUND:
City council passed Ordinance 10-2014 on May 6, 2014 which amended chapter 1 of title 8 of the city code concerning the temporary outdoor display of merchandise in C-A and B-2 zones. The ordinance’s purpose was to address concerns of an increasingly-cluttered appearance of downtown, address obstructions in the pedestrian walkways, and legalize and regulate displays of merchandise on the public sidewalks in downtown. The ordinance permitted temporary outdoor displays of merchandise with limitations. The municipal code allows merchandise displays to occur on the public right of way (sidewalks) up to three days per month, displays are limited to 20 square feet of space and a projection into the public right of way of three feet. Displays also must be permitted by the city and the city be named an additional insured on the merchant’s liability policy, among other provisions. Additionally, displays would only be allowed if a six foot wide unobstructed pedestrian passage area could be maintained.
The issue was again taken up by council for revision in early 2015, but was ultimately tabled with no amendments.
In response to continued downtown merchant concerns, staff prepared this ordinance to address the primary concern of the merchants: eliminating the number of allowable days of display. An additional ordinance will be prepared to address the use of the public right of way for placement of objects such as benches, tables, chairs and decorative items such as flower pots and planters.
STAFF ANALYSIS:
No permit applications were applied for after passage of the temporary outdoor display ordinance. Some merchants stated that three display days per month was not enough. This ordinance seeks to address merchant concerns by eliminating the limitation on days, but in return reducing the size of the allowable display from 20 square feet to ten square feet. Ordinance 86 will address the issue of a revocable license requirement for any merchant-provided seating or any decorative objects that will be left out overnight on the public sidewalk/right of way.
All other aspects of the original ordinance remain the same: to be considered for a display a merchant’s store must be within six feet of the sidewalk, a six-foot pedestrian passageway must be maintained, the display projection from the building is capped at three feet, a permit must be obtained and the city named as an additional insured on the merchant’s liability insurance, merchandise must be stored in-doors after store hours, etc.
FISCAL IMPACTS:
There will be minimal impacts to staff to process applications for merchant displays. A potential reduction in complaints and investigations fielded by code enforcement may occur.
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance.
PROPOSED MOTION:
Proposed Motion
I move approve Ordinance 24-2015 on second reading amending the city code concerning temporary outdoor display of merchandise in C-A and B-2 zones to eliminate the number of days each month when outdoor displays of merchandise shall be allowed.