City of Annapolis - File #: O-6-14

• File #: O-6-14
• Version: 1
• Type: Ordinance
• Status: Adopted
• File created: 2/18/2014
• In control: City Council
• On agenda: 6/16/2014
• Final action: 7/14/2014
• Title: Seasonal Outdoor Sales - For the purpose of amending the zoning code to address seasonal outdoor sales.
• Sponsors: Ross Arnett
• Indexes: Planning Commission, Rules and City Government Committee

Date	Ver.	Action By	Action	Result
7/14/2014	1	City Council	adopt on second reader	Pass
7/14/2014	1	Rules & City Government Committee	recommend with amendments	Pass
6/17/2014	1	Rules & City Government Committee	amendment(s) approved	Pass
2/24/2014	1	City Council	adopt on first reader

Title

Seasonal Outdoor Sales - For the purpose of amending the zoning code to address seasonal outdoor sales.

Body

CITY COUNCIL OF THE

City of Annapolis

Ordinance 6-14 Amended

Introduced by: Alderman Arnett

Referred to

Rules and City Government

Planning Commission

A ORDINANCE concerning

Seasonal Outdoor Sales

FOR      the purpose of amending the zoning code to address seasonal outdoor sales.

BY         repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2013 Edition

      Section 21.48.020

      Section 21.48.030

      SECTION 21.64.150      

      SECTION 21.64.380

      Section 21.72.010

BY      adding the following portions to the Code of the City of Annapolis, 2013 Edition

      Section 21.64.555

      SECTION I:      BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:

CHAPTER 21.48 - USE TABLES

21.48.020 - Table of Uses - Commercial and Industrial Zoning Districts

P = Permitted Use; S = Special Exception Use; -Std = Use Subject to Standards (Chapter 21.64); A = Accessory Use; Blank = Not Permitted

A use, including a special exception use, that is not normally permissible as a permitted use or use subject to standards in a zoning district may be permitted in that district as a planned development use pursuant to Section 21.24.020.

Important. The notes at the end of the table are as much a part of the law as the table itself.

Uses	District B1	District B2	District B3	District B3-CD	District BCE	District BR	District C2	District C2A	District PM2	District I1
Accessory buildings and uses, including signs	A	A	A	A	A	A	A	A	A	A
Adult book stores			S-Std	S-Std	S-Std
Amusement establishments, indoor			P	P	P
Animal hospitals, including veterinarian offices			S	S	P
Antenna towers										P-Std, S-Std
Antennas and amateur radio stations	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std
Antique stores	P	P	P	P	P	P	P	P	P1
Appliance stores including electrical and household appliances, and radio and television sales and repair		P	P	P	P	P	P	P	P1
Arts and crafts stores	P	P	P	P	P	P	P	P	P1,2
Arts or cultural centers					P
Arts and crafts studios	P	P	P	P	P
Auction rooms			P	P	P
Bake shops	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std1
Bakeries										P
Banks and financial institutions	S-Std	P	P	P	P	P	P	P	P1,2
Bars and taverns		S	S	S	S		S
Bicycle sales, rental and repair stores	P	P	P	P	P	P	P	P
Boat showrooms			P	P	P
Building materials sales and storage			S	S	P					P
Cab stands including dispatch offices and related parking facilities					S
Candy stores, where only candy prepackaged off the premises is sold	P	P	P	P	P	P	P-Std
Candy stores including candy making	S-Std	S-Std	S-Std	S-Std		P-Std	P-Std		P-Std1
Carpet and rug stores, retail sales only		P	P	P	P	P	P	P	P1
Catering establishments, where no food, beverages and/or desserts are sold on the premises	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std			P-Std
Christmas tree and greens sales		P-Std	P-Std	P-Std	P-Std					P-Std
Clubs, lodges and meeting halls, with no on-premises food or beverage preparation facilities		P	P	P	P	P	P	P
Clubs, lodges and meeting halls, with on-premises food or beverage preparation facilities		S-Std	S-Std	S-Std		P-Std
Coffee shops	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std
Contractors', architects' and engineers' offices, shops and yards			S	S						P
Convenience stores	P-Std S-Std	P-Std S-Std	P-Std S-Std	P-Std S-Std	P-Std S-Std	P-Std			P-Std1
Day care centers, group					P				P-Std
Day care centers, group, in conjunction with a principal religious institution		S-Std
Delicatessen	P-Std	P-Std	P-Std	P-Std	S-Std	P-Std	S-Std		P-Std1,2
Department stores		P	P	P	P		P
Drive-through facilities and walkups associated with permitted or special exception uses	P-Std3	P-Std S-Std3	P-Std S-Std3	P-Std S-Std3	P-Std S-Std3	P-Std S-Std3	4	4	P-Std	P-Std S-Std3
Dry cleaning and laundry drop off and pick up stations	P	P	P	P	P		P	P
Dry cleaning and laundry establishments		P	P	P	P				P1,2	P
Dwellings, multi-family					P-Std	P	S		S
Dwellings, single-family attached							S		S
Dwellings, single-family detached	P						S		P
Dwellings, two-family							S		P
Dwellings above the ground floor of nonresidential uses	P	P			P		P	P
Dwellings for watchmen and their families, located on the premises where they are employed in that capacity			P	P						P
Electronic and scientific precision instruments manufacturing										P
Exterminating shops										P
Food manufacture, packaging and processing										P
Food service mart	P-Std	P-Std	P-Std	P-Std	S-Std	P-Std	S-Std		P-Std2
Food stores	P	P	P	P	P		P		P-Std1
Furniture stores		P	P	P	P		P	P	P1
Garden supply, tool and seed stores	P-Std	P	P	P	P	P	P	P	P1
Governmental uses
Offices	P	P	P	P	P	P	P	P	P	P
Other government and government-related structures, facilities and uses	S	S	S	S	S	S	S	S	S	S
Public schools and colleges	P	P	P	P	P	P	P	P	P	P
Greenhouses and nurseries			P	P	P					P
Group homes	S	S	S	S			S
Home improvement stores		P			P				P1
Hotels		S	S	S	S		S
Ice cream stores	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std		P-Std1
Inns		S	S	S	S		S
Institutions for the care of the aged					P-Std
Kennels			S	S
Laboratories, including medical, dental, research and testing			P	P	P	P			P1	P
Launderettes, automatic, self-service	P	P	P	P	P	P	P	P	P1
Light manufacturing										P
Liquor store		P	P	P	S		P	P
Mailing service establishments				P						P
Markets, open air, including farmers' markets and produce markets					P-Std	P-Std	P-Std	P-Std
Massage parlors			S	S
Motels		S	S	S	S		S
Motor vehicle and automobile uses
Automobile parts and accessory stores					P		P	P
Car wash		S	S	S	S
Motor vehicle storage, repair and service facilities		S	P	P	P					P
Motor vehicle sales			P	P	P
Motor vehicle rental					P
Service stations, including fuel sales		S	S	S	S
Museums and art galleries		P	P	P	P	P	P	P	P
Nautical shops, retail trade					P	P	P	P	P1
Office and business service establishments		P	P	P	P	P	P	P	P1,2
Offices, business and professional, and nonprofit, educational, cultural, or civic	P	P	P	P	P	P	P	P	P
Offices, medical		P	P	P	P				P1,2	P
Parking lots, other than accessory	S	S	S	S	S		S			P
Parking garages							S
Personal care establishments	P	P	P	P	P	P	P	P	P-Std1,2
Pet grooming facility	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std1,2
Photocopying and reproduction services, including blueprinting						P
Physical health facilities, including health clubs, gymnasiums, and weight control centers		P	P	P	P	P			P1,2
Planned developments, business and special mixed	P-Std	P-Std	P-Std	P-Std	P-Std					P-Std
Printing and publishing establishments										P
Religious institutions, including churches, chapels, mosques, temples, and synagogues		S	S	S	P	P			P
Research and development businesses						S
Restaurant, fast food		S-Std	S-Std	S-Std	S-Std
Restaurant, standard	P-Std, S-Std	P-Std, S-Std	P-Std, S-Std	P-Std, S-Std	P-Std	P-Std	S-Std		P-Std1,2
Retail goods stores		P	P	P	P	P	P	P	P-Std1
Seasonal Outdoor Sales	P-Std	P-Std	P-Std		P-Std	P-Std	P-Std
Schools, private, elementary, middle, or high					P
Schools, commercial, trade, vocational, music, dance, or art		P	P	P	P	P	P	P		P
Sidewalk cafés	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std		P-Std	P-Std
Specialty convenience retail goods stores	P	P	P	P	P	P	P	P	P-Std1,2
Storage other than accessory to permitted uses			S	S
Supermarkets	P-Std S-Std	P-Std S-Std	P-Std S-Std	P-Std S-Std	P-Std S-Std				P-Std1
Telecommunications facilities	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std	A-Std
Telephone transmission equipment buildings		P	P		P				P	P
Temporary uses	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std	P-Std
Theaters, indoor		S	S	S	P		S	S
Theaters, indoor, located in shopping centers		P-Std	P-Std	P-Std	P
Tobacco shops		P	P	P	P	P	P	P	P1
Undertaking establishments and funeral parlors		P	P	P	P
Veterinarian offices					P
Warehousing, storage and distribution facilities, including moving and storage establishments			S	S	P					P

Notes:

Uses in the PM2 district are subject to the following provisions as indicated in the table:

1 This use is permitted as a principal use only in districts that do not adjoin (along non-street frontage) property zoned R1, R1A, R1B or R2.

2 This use is permitted as an incidental use in a structure that contains business, professional or governmental offices provided that gross floor area of all incidental uses does not exceed the amount of space devoted to the first floor of a multistory structure; except, that in no case shall it exceed 33 percent of the total gross floor area. This use is considered a neighborhood convenience use and is subject to standards given in 21.64.420

3 If the principal use with which the drive-thru facility is associated is a special exception use, then the drive-thru facility requires special exception approval.

4 ATMs are permitted as walkups subject to all other applicable regulations. In the C2 and C2A districts, drive-through facilities are not permitted.

21.48.030 - Table of Uses - Office and Mixed Use Zoning Districts

P = Permitted Use; S = Special Exception Use; -Std = Use Subject to Standards (Chapter 21.64); A = Accessory Use; Blank = Not Permitted

A use, including a special exception use, that is not normally permissible as a permitted use or use subject to standards in a zoning district may be permitted in that district as a planned development use pursuant to Section 21.24.020

Important. The notes at the end of the table are as much a part of the law as the table itself.

Uses	District P	District MX	District PM	District C2P
Accessory structures and uses	A	A6	A	A
Antennas and amateur radio stations	A-Std	A-Std	A-Std	A-Std
Antique stores		P	P-Std
Appliance stores including electrical and household appliances, and radio and television sales and repair		P
Arts and crafts studios		P	P-Std
Arts and crafts stores		P	P-Std
Banks and financial institutions		P
Bake shops		P-Std
Cab stands including dispatch offices and related parking facilities		S
Candy stores, where only candy prepackaged off the premises is sold		P
Candy stores including candy making		P-Std
Carpet and rug stores, retail sales only		P
Catering establishments		P-Std
Clubs, lodges and meeting halls, with no on-premises food or beverage preparation facilities	S	P	S	S
Clubs, lodges and meeting halls, with on-premises food or beverage preparation facilities		P-Std
Coffee shops		P-Std
Conference facilities		S
Convenience stores		P-Std
Day care centers, group	S		S	S
Delicatessens		P-Std	P-Std
Department stores		P
Drive-through facilities associated with permitted or special exception uses			S-Std5
Dry cleaning and laundry drop off and pick up stations			P
Dry cleaning and laundry establishments		P
Dwellings, multi-family	S	P-Std	S	S
Dwellings, multi-family, containing 12 or fewer units			P-Std
Dwellings, single-family attached	P	P-Std	P
Dwellings, single-family detached	P	P	P	P
Dwellings, two-family	P	P	P	P
Dwellings above the ground floor of nonresidential uses		P
Food service marts		P-Std	P-Std
Furniture stores		P
Garden supply, tool and seed stores		P
Governmental uses
Offices	P	P	P	P
Other government and government-related structures, facilities and uses	S	S	S	S
Public schools and colleges	P		P
Group homes	S		S	S
Hotels with up to forty rooms, including restaurants and conference room facilities.		P-Std
Hotels with more than forty rooms		S
Ice cream stores		P-Std
Inns	S			S
Institutions for the care of the aged	S			S
Laboratories, including medical, dental, research and testing		P
Launderettes, automatic, self service		P
Liquor stores		S
Markets, open air, including farmers' markets and produce markets		P-Std
Medical appliance stores			P-Std
Motor vehicle service stations, including fuel sales		S
Museums and art galleries	P	P	P
Nautical shops, retail trade		P
Office and business service establishments		P
Offices, business and professional, and nonprofit, educational, cultural, or civic	P-Std or S-Std, depending on lot size	P	P-Std	P
Offices, medical	P	P	P	P
Parking garages	S	P-Std, S-Std	S
Parking lots, other than accessory	S	P-Std	P-Std
Personal care establishments	S	P	P-Std
Pet grooming facility	S-Std	P-Std	P-Std
Photocopying and reproduction services, including blueprinting		P
Physical health facilities, including health clubs, gymnasiums, and weight control centers		P
Planned developments, business and special mixed	P-Std	P-Std
Religious institutions, including churches, chapels, mosques, temples and synagogues	P	P	P
Research and development businesses, provided that there is no significant assemblage of goods or products		P
Rest homes and nursing homes	S			S
Restaurant, fast food		S-Std
Restaurant, standard		P-Std4  S-Std4	P-Std, S-Std
Retail goods stores		P
Seasonal outdoor sales		P-STD
Schools, commercial, trade, vocational, music, dance, or art		P
Schools, private, elementary, middle, or high	P
Sidewalk cafés	P-Std	P-Std	P-Std
Specialty convenience retail store		P	P-Std
Supermarkets		P-Std
Telecommunications facilities	A-Std	A-Std	A-Std	A-Std
Telephone transmission equipment buildings		P
Temporary uses	P-Std	P-Std	P-Std	P-Std
Theaters, indoor		P-Std
Tobacco shops		P
Undertaking establishments and funeral parlors	S
Wine bars		P-Std

Notes:

The following regulations apply to all uses in the MX District:

1. Buildings in excess of forty-six feet, but less than fifty-five feet in height are subject to the following:

a. Either 25 percent of the gross floor area shall be designed for retail uses, or residential uses, or a combination of retail and residential uses, alternatively, the entire ground level front façade shall be designed for retail uses, exclusive of: (i) not more than one driveway, which shall not be greater than thirty-three feet wide, required for access to parking; (ii) space required for a lobby and space required for access to upper floor uses. Retail use along the front façade shall have a minimum height of twelve feet and a minimum depth of twenty-five feet;

b. If surface parking is located on the zoning lot, it shall be located at the rear of the zoning lot and new structures shall be located at the front of the zoning lot. If surface parking is located adjacent to single-family residential use, dense plantings shall be installed and maintained on the zoning lot to provide an effective screen; and

c. Any adverse impacts on critical lane levels of service at adjoining intersections shall be mitigated by the applicant.

2. Buildings in excess of 46 feet, but less than 65 feet in height require special exception approval except as provided in note No. 1 above.

3. Uses and combinations of uses located on zoning lots of 40,000 square feet or more require special exception approval, unless such uses are approved as part of a planned development.

4. Two a.m. alcoholic beverage licenses shall not be permitted for properties within the MX-2 or MX-3 height districts, but such licenses shall be allowed for properties within the MX-1 Height District.

5. If the principal use with which the drive-thru facility is associated is a special exception use, then the drive-thru facility requires special exception approval.

6. The following apply only to the uses specified: In the MX-1 area only, in planned developments with a minimum lot size of five acres, "Accessory Structures" such as clock towers attached to office and/or retail structures and "Theaters, Indoor" shall not exceed one hundred feet in height. See the Bulk Regulations Table in Section 21.50.260

Chapter 21.64 STANDARDS FOR USES SUBJECT TO STANDARDS

21.64.150 Christmas tree and greens sales.

A.  Sales are allowed only on a seasonal basis.

B.  No permanent structures shall be erected in conjunction with the sales.

C.  Portable tables and umbrellas may be utilized for the sales.

D.  Site design review under Chapter 21.62 is required.

E.  Where it can be demonstrated that there is no negative impact on the availability of parking for such other uses as may occupy the site, an adjustment to the parking requirement may be granted at the discretion of the Planning and Zoning Director in order to utilize those parking spaces for the temporary use.

F.  No use may be made of buffers for sales.

G.  The Department of Planning and Zoning may establish requirements for hours of operation, refuse removal and deliveries.

H.  Refuse containers shall be provided and the cleanliness of the site and adjacent areas, as defined by the Department of Planning and Zoning, shall be maintained.

21.64.380 Markets, open air.

See Food and beverage-related uses

21.64.555 - Seasonal outdoor sales

A.  Sales are allowed only on a seasonal basis.

B.  THE DEPARTMENT OF PLANNING AND ZONING SHALL DETERMINE THE LENGTH OF TIME THAT THE SEASONAL USE MAY REMAIN OPEN, THE NUMBER OF DAYS AND NUMBER OF HOURS IN A DAY THAT THE SEASONAL USE MAY REMAIN OPEN, REQUIREMENTS FOR REFUSE REMOVAL AND DELIVERIES FOR EACH SEASONAL USE AND ANY OTHER STANDARDS REQUIRED BY THIS CHAPTER FOR EACH SEASONAL USE.

B. C. A use permit is required AND SHALL NOT BE ISSUED WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER OF THE PROPERTY ALLOWING USE OF THE PROPERTY FOR SEASONAL OUTDOOR SALES.  A letter from the owner of the property giving his/her consent to use the subject property shall be provided.

C. D.  No permanent structures shall be erected in conjunction with the sales.  temporary structures, Portable tables, and umbrellas may be utilized for the sales.

D.  E.  Site design review AND APPROVAL under Chapter 21.62 is required.  A SITE DESIGN REVIEW APPLICATION SHALL INCLUDE THE PRODUCTION OF A scaled site plan indicating the location of the temporary structures, trash RECYCLING AND REFUSE storage areas, location of AND signs and the location of adjacent streets, avenues and alleys;.

E.  F.  NO SEASONAL OUTDOOR The use shall not obstruct the visibility of anY motorists, nor obstruct the OR parking lot circulation or block access to a public street, AVENUE, OR ALLEY.;

F.  G.  WHERE THE DEPARTMENT OF PLANNING AND ZONING DETERMINES THAT A SEASONAL OUTdOOR USE WILL RESULT IN Where it can be demonstrated that there is no negative ONLY MINIMAL impact on the availability of parking for such other uses OCCUPYING THE SAME PROPERTY. THE DIRECTOR MAY, IN HIS OR HER DISCRETION, ALLOW AN ADJUSTMENT TO THE EXISTING PARKING REQUIREMENTS FOR THAT PROPERTY as may occupy the site, an adjustment to the EXISTING parking requirement may be granted at the discretion of the Planning and Zoning Director in order to utilize those parking spaces for the temporary SEASONAL OUTDOOR use.

G. h. No use may be made of LANDSCAPE buffers SHALL NOT BE USED IN ANY MANNER FOR, OR IN CONNECTION WITH, ANY SEASONAL OUTDOOR SALES.  for sales. The use shall be at least fifty (50) feet from any residential zone;

I.  NO SEASONAL USE Shall be LOCATED WITHIN fifty (50) feet from any residential zone.

J.  A SEASONAL OUTDOOR USE SHALL INCLUDE AN ADEQUATE AND EQUAL NUMBER OF RECYCLING AND REFUSE CONTAINERS, AND RESPONSIBILITY FOR THE MAINTENANCE AND CLEANLINESS OF THE SITE AND ADJACENT AREAS. The same materials collected in the City's curbside recycling service shall be collected for seasonal outdoor sales uses.

h.  The Department of Planning and Zoning may SHALL establish requirements for OF hours of operation, refuse removal and deliveries FOR EACH SEASONAL USE. Refuse containers shall be provided and the cleanliness of the site and adjacent areas,  shall be maintained.

I.  K.  No truck-tractors or semi-trailers shall be parked or stored on, or adjacent to, the seasonal outdoor sales area.; and

J. l.  No seasonal outdoor sales shall be permitted on any zone lot where any types of chemicals, or gasoline OR OTHER HAZARDOUS MATERIAL ARE arc stored or sold.

M.  THE DEPARTMENT OF PLANNING AND ZONING MAY IMPOSE ADDITIONAL CONDITIONS AS DEEMED NECESSARY TO INSURE THE SAFE OPERATION OF A SEASONAL OUTDOOR USE AND CODE COMPLIANCE.

Chapter 21.72 TERMS AND DEFINITIONS

21.70.010 - Definitions

"Food and beverage-related use" means a commercial or nonprofit enterprise engaged in the preparation and sale of food, beverages or frozen desserts. Food service may or may not be the principal business of the establishment. Food and beverage-related uses include the following uses:

a. Bake shops,

b. Candy stores,

c. Catering establishments,

d. Clubs, lodges and meeting halls, with on-premises food or beverage preparation facilities,

e. Coffee shops,

f. Convenience stores,

g. Delicatessens,

h. Fast food restaurants,

i. Food service marts,

j. Ice cream stores,

k. Markets, open air,

l. Standard restaurants,

m. L. Supermarkets,

n. M. Wine bars.

"Seasonal outdoor sales" means a direct marketing RETAIL operation ON PUBLIC OR PRIVATE PROPERTY without a permanent structure and only offering outdoor shopping. Such an operation is seasonal in nature and features on-farm produced as well as locally produced and related agricultural products and handmade crafts.

      SECTION II:  AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect from the date of its passage.

ADOPTED this 14^th day of July, 2014.

EXPLANATION

CAPITAL LETTERS indicate matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments.