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HomeMy WebLinkAbout862299 ORDINANCE NO. 862 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH REGULATING OUTDOOR SALES ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF UKIAH FINDS AS FOLLOWS: 1. Businesses that do not operate exclusively from within buildings constructed in accordance with the City building and other code requirements produce unique impacts on the City, including the following: a. Businesses that operate on private-property produce unique aesthetic and traffic impacts on the community; b. Such businesses cannot provide employees the same comforts and sanitation facilities as provided by businesses operating from within permanent buildings; c. Ascertaining that such businesses have complied with applica- ble City code requirements places a heavier burden on City departments concerned with the enforcement thereof than do established businesses ~ operating from within permanent buildings. 2. Such businesses also enrich the economic and cultural life of the community, provided adequate consideration is given to their unique impacts on the community. 3. These unique impacts require that special consideration be given to these businesses, when they seek to operate within the City of Ukiah. Accordingly, the City Council of the City of Ukiah does hereby ordain as follows: SECTION 1: Sections 9184, 9318.01 and 9326.01 of the Ukiah Municipal Code ("UMC") are added as follows: Section 9184: Outdoor Sales Establishments (a) Outdoor Sales Establishments as defined in Section 9318.01 are permitted in the C-N, Neighborhood Commercial, C-i, Light Commercial, C-2, Highway Commercial and Restricted Industrial and M, Manufacturing Zoning Districts subject to securing a use permit in accordance with Section 9225 et sec. 1) A use permit for an outdoor sales establishment occurring for no more than 30 days within a 12 month period may be con- sidered by the Zoning Administrator. Ail other applications shall be heard by the Planning Commission. 300 (b) Ail Outdoor Sales Establishments shall comply with the following criteria: 1) Parking - parking shall be designated for a minimum of 3 automobiles, located off the public right-of-way with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of sales proposed. 2) Signing - a maximum of 25% of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or "A" frame sign pursuant to Section 3227 (a)(5) of the UMC. 3) Sanitary and water facility needs to be interpreted at issuance of use permit. 4) Business license must be prominently displayed at all times, and operator must have proof of Board of Equalization Sales Permit. · , Section 9318.01 - "Outdoor sales establishment" defined: "Outdoor sales establishment" means any business or portion of any business operated to sell, display, Solicit or offering for sale, barter or exchange any goods, wares, merchandise or food stuff of any kind on private property but not from within a building or structure permanently affixed to realty, but excludes plant nurseries. Section 9326.01 - "Residential Garage Sales" defined: "Residential Garage (patio, yard, moving, etc.) Sales" means any sale of used clothing, furnishings or miscellaneous items on a residential lot, not to exclude arts and crafts, for periods not to exceed 48 hours twice yearly; otherwise the activity shall be deemed an outdoor sales establishment. SECTION 2: This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION 3: This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this 19th day of November , 1986, by 301 the following roll call vote: AYES: NOES: Coucilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson None ABSENT: None ATTEST: MAYOR