21.38.010 Outdoor Storage and Retail Display

21.38.010 Outdoor Storage and Retail Display.

A. Purpose. The purpose of this section is to:

1. Create an attractive and economically healthy community by allowing for outdoor retail display as an accessory use to a permitted use.

2. Provide economic opportunities for existing businesses while encouraging pedestrian activity in commercial areas.

3. Create safe and attractive walkways within Downtown, Overlake, General Commercial, and Neighborhood Commercial zones, and control of storage or display of materials to allow the minimum amount necessary to encourage quality development and avoid creation of a nuisance. (Ord. 2614)

4. Provide protection for existing parking areas and walkways from impacts of outdoor storage.

5. Ensure that adequate opportunity is allowed for the outdoor storage of vehicles and materials in residential zones while not impacting the character and uses intended for those zones.

1. The provisions of this chapter apply to all outdoor storage and retail displays within the City with the exception of:

a. Parking lots covered by RZC 21.40.010, Vehicle Parking;

b. RV parking and storage covered by RZC 21.40.010.G, Parking and Storage of Recreational, Utility, and Commercial Vehicles and Vessels in Residential Neighborhoods; and

c. Outdoor storage associated with emergency situations such as utility repairs; and items stored on a site during construction.

C. Outdoor Storage Standards. Outdoor storage shall be allowed as provided in the table titled “Requirements for Outdoor Storage.” Transition Overlay Standards relating to outdoor storage shall apply as provided for in RZC 21.50.030, Use, Operations and Development Standards in a Transition Overlay.

Table 21.38.010 Requirements for Outdoor Storage
Zone	Type of Storage Permitted	Size and Height Requirements	Location Restrictions	Screening Requirements
Downtown, OV, NC-1, NC-2, NWDD	None	N/A	N/A	N/A
RR, GC	Bulk and Non-Bulk	Maximum height of 10 feet	Bulk Storage cannot be located between the building and the front street. Non-Bulk Storage shall be moved indoors during close of business	Screening shall be placed on all sides of storage areas other than where a building wall would act as a screen. Screening shall be adequate to provide a solid barrier at least six feet in height. It may include fences, walls, earth berms or vegetation.
UR, RA-5, BP, OBAT, MDD1, MDD2, MDD5	Bulk and Non-Bulk	Maximum height 20 feet
MDD4, NDD3, MP and I	Bulk and Non-Bulk	Maximum height 20 feet		N/A
NDD2	Bulk and Non-Bulk	Maximum height 20 feet		Screening shall be placed on all sides of storage areas other than where a building wall would act as a screen. Screening shall be adequate to provide a solid barrier at least six feet in height. It may include fences, walls, earth berms or vegetation.
BCDD, NDD1, MDD3, and R	See Outdoor Storage in Residential Zones	See Outdoor Storage in Residential Zones	See Outdoor Storage in Residential Zones	See Outdoor Storage in Residential Zones

D. Prohibited Locations for Outdoor Storage. Outdoor storage is prohibited as follows:

1. In floodways;

2. Within shoreline setbacks indicated in RZC 21.68.060, Shoreline Buffers; and critical area buffers as identified in RZC 21.64.020.B, Stream Buffers; RZC 21.64.030.B, Wetland Buffers; and RZC 21.64.060.B, Landslide Hazard Area Buffers;

3. On slopes greater than 15%;

4. In industrial and business park areas that adjoin residential districts;

5. In required parking stalls;

6. In areas where outdoor storage causes traffic, pedestrian circulation or safety problems as determined by the Administrator, or where a minimum five-foot width of walkway does not remain clear and free of obstructions;

7. Any materials that attract animals, birds or vermin; and

8. Within emergency fire lanes.

E. Covering and Containing Outdoor Storage. Hazardous materials or deleterious substances that have the potential to threaten stormwater, soil, or groundwater quality shall be stored withing secondary containment and under cover to prevent contact with precipitation and stormwater. Compliance with WAC 173-218 Underground Injection Control (UIC) regulations shall be demonstrated for outdoor storage areas that drain to infiltration.

1. Limitations. Outdoor storage is prohibited in all residential zones except when the items stored are customarily associated with and accessory to the use of the dwelling and comply with the requirements of this section. Outdoor storage in RA-5 zones shall comply with the standards listed above in the Requirements for Outdoor Storage table of this chapter.

2. Allowed Outdoor Storage. Items customarily associated with the residential use of a dwelling may be stored outside provided the following conditions are met:

a. Outdoor storage may only take place outside of the front yard setbacks and side yard setbacks.

b. Except for vehicles allowed under RZC 21.08.340, Home Business, or sections F.3 or F.4 below, outdoor storage shall not be visible from a public or private street. Fences, landscaping, or a building wall may be used to ensure that an outdoor storage area is not visible from the street.

c. Outdoor storage areas shall not prevent emergency access to the residence or any accessory structure.

d. Outdoor storage shall not cover more than 200 square feet of land area.

e. Except for motor vehicles allowed under RZC 21.08.340, Home Business, or sections F.3 or F.4 below, materials stored outdoors shall not be owned by or used in any business or industry including a home business.

f. Except for vehicles allowed under RZC 21.08.340, Home Business, or sections F.3 or F.4 below, materials stored outdoors shall not exceed a height of six feet nor shall they be stacked or stored higher than six feet.

3. Recreational and Utility Vehicles. See RZC 21.40.010.G, Parking and Storage of Recreational, Utility, and Commercial Vehicles and Vessels in Residential Neighborhoods.

i. Within a residential zone, no more than one commercial vehicle may be parked on a lot(s) occupied by a residence or on a street(s) adjoining the residence. Where a lot includes more than one residence, one commercial vehicle may be parked on the lot(s) or an adjoining street for each residence. Notwithstanding this provision, where an accessory dwelling and a primary dwelling occupy one or more lots, only one commercial vehicle may be parked on the lot(s) occupied by the residences or on the street(s) adjoining the residences.

ii. The commercial vehicle shall be operable.

iii. Other than cleaning the commercial vehicle, maintenance and repairs shall not be performed on the commercial vehicle within a residential zone except on the premises of a home business that meets the requirements of RZC 21.08.340, Home Business.

iv. The commercial vehicle shall not be parked or stored on a lawn or in any landscaped area.

b. Prohibited Commercial Vehicles. Except as provided in section F.4.c below, and RZC 21.08.340, Home Business, and except as to school buses parked or stored on the property of a school or religious institution, truck tractors, truck tractor trailers, vehicles over 10,000 pounds gross weight, and commercial vehicles that do not comply with section F.4 shall not be parked or stored within a residential zone.

c. Vehicles used in a business may be parked in a residential zone when making pickups or deliveries or being used in conjunction with the performance of a service on property within a residential zone.

a. Applicability. This subsection applies to residential uses only. Storage, shipping, and moving containers proposed for permitted non-residential uses in R-1 to R-30 zones are reviewed through the Temporary Use Permit process.

b. A rented, leased, purchased, or assembled storage, moving, or shipping container, when associated with the construction of a home, or homes, in a subdivision, may be located anywhere on a property within the R-1 to R-30 residential land use zones. Any rented, leased, purchased, or assembled storage, moving, or shipping container associated with construction permits must be removed no later than 60 days after the issuance of a certificate of occupancy or final inspection approval for the construction.

c. Rented, leased, purchased, or assembled storage, moving, or shipping containers within the R-1 to R-30 residential zones that are not associated with construction permits may be placed temporarily on a driveway and/or hard surface only, providing that:

i. Any and all containers are visible from a public right-of-way;

ii. Any and all containers fit entirely on the driveway and/or hard surface;

iii. Containers are not stacked;

iv. Any and all containers do not protrude onto any part of any sidewalk or public right-of-way without the owner or agent of the property having first obtained a Street Use Permit;

v. Any and all containers are not located in a site distance triangle; and

vi. Any and all containers remain on the property for no more than 60 calendar days in any 365 calendar day period. The 365 calendar day period commences the first day that the container is located on-site.

G. Outdoor Retail Display Standards. Outdoor retail display shall comply with the following criteria:

1. The outdoor retail display shall be accessory to a permitted retail use.

2. The total space allowed for outdoor retail display shall not exceed 50% of the length of the storefront, provided that a minimum area of 32 square feet shall be allowed in any event.

3. Retail items must be displayed in a neat and orderly manner, and remain in the area specified for its display.

4. Retail display shall not be located within required fire lanes or required parking stalls.

5. Retail display shall not be located within the public right-of-way without required permits and shall maintain a clear zone of a minimum of 44 inches in width to accommodate pedestrian access along sidewalks.

6. Safe ingress and egress to the site, visibility for transportation, and pedestrian access shall be maintained.

7. The location of the retail display shall be established as a condition of approval of any applicable permits. (Ord. 2753; Ord. 2803; Ord. 2883; Ord. 2951)