§ 10-3.212. Outdoor Sales and Activities (Commercial).

All uses in the commercial zones shall be conducted wholly within a building except such uses as are permitted outdoors as listed in this section. A use shall be deemed within a building if, at a minimum, it is under a permanent roof that in nonoperating hours is fully secured on all sides at the wall line of the building from ceiling to floor.

Purpose. Visual community character is directly influenced by the built-environment and will be impacted by the degree of permissiveness of outdoor sales, and permitted activities. Outdoor activities include displays and promotions. The regulations that follow are based on the premise that the visual clutter of outdoor sales and activities on an ongoing basis is not the desired visual community character of the City of Modesto. Consequently, commercial outdoor sales, and activities on properties are limited to:

(a)

Certified Farmers' Market. A Certified Farmers' Market is permitted in an existing parking lot in the commercial or industrial zone subject to administrative decision by the Director and the following conditions:

(1)

A detailed plan with dimensions showing the Certified Farmers' Market must be provided.

(2)

The Certified Farmers' Market will not adversely effect parking, vehicular and pedestrian circulation on the site.

(3)

The Certified Farmers' Market operation shall comply with minimum setback requirements.

(4)

A certificate shall be provided to verify it is a Certified Farmers' Market.

(b)

Food and Drink Vendors (Stands). Food and drink vendors incidental to a retail or industrial establishment are permitted subject to the following conditions:

(1)

A site plan showing the location of the equipment must be provided with the business license.

(2)

The equipment does not encroach into required vehicular and pedestrian circulation routes.

(3)

The equipment does not displace required parking spaces.

(c)

Fund Raisers. Outdoor fund-raising sales by schools, charitable or not-for-profit organizations are permitted if the sale is carried on wholly by the organization and it will derive, both directly and indirectly, any and all profits to be derived from the sale. Such sales are not permitted solely by reason of sponsorship by a school, charitable or not-for-profit organization. Outdoor fund-raising sales are limited to twelve (12) times per calendar year for a maximum duration of ten (10) days each for each such organization.

(d)

Outdoor Dining. Outdoor dining on private property incidental to a public eating establishment or a retail establishment is permitted subject to administrative decision by the Director and the following conditions below. Outdoor dining in the public right-of-way requires an encroachment permit. See the Downtown Core Zone Section 10-7.509(b)(1) for outdoor dining requirements in the downtown core area.

(1)

A detailed plan with dimensions showing the outdoor dining area must be provided.

(2)

The outdoor dining area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of fifty (50) feet inclusive of a public street unless determined by the Director to be infeasible.

(3)

The outdoor dining area does not encroach into required vehicular and pedestrian circulation routes.

(4)

The outdoor dining area does not displace required parking spaces.

(5)

The outdoor dining area shall comply with minimum setback requirements.

(e)

Outdoor Display. There are two (2) levels of outdoor display.

(1)

Minor outdoor display are products customarily and continually displayed outdoors on a 24-hour basis such as vending machines, plants and nursery stock, including bag goods and garden equipment, service stations, inventories, unattended containers/reverse vending machines are permitted in limited scale.

(2)

Major outdoor display includes building materials and farm supplies that are screened so as not to be visible from a public street or parking lot, or in the case of vehicle display for sales and small recycling collection facilities that are not required to be screened.

(f)

Outdoor Sales. The display or sale of goods, merchandise or services which are customary indoor uses is allowed outdoors, limited to twelve (12) times in number during any calendar year for each business, subject to the following conditions:

(1)

All sales are conducted by a business located on the property.

(2)

All merchandise or services displayed outdoors shall be of the same types ordinarily sold indoors at the business conducting the sale.

(3)

Each display or sale shall be limited to a maximum of ten (10) consecutive days. Sales may be run consecutively.

(4)

No display shall encroach on a public right-of-way.

(5)

Each display or sale shall be subject to the sign regulations of this Title.

(6)

Prior to any display or sale, a permit for such shall be obtained from the Director.

(g)

Promotions. Outdoor promotions or events are permitted by a licensed business, merchant association, school, charitable or not-for-profit organization. Promotions or events shall not promote or display the goods or services of any business on the premises and shall be subject to all other limitations in the Modesto Municipal Code, including those governing carnivals, circuses, dances and outdoor sound equipment and noise. Examples of such promotions or events are carnivals, circuses, animal rides, car shows, sporting events, and other exhibitions.

(h)

Seasonal Sales. Sales of seasonal products such as fireworks, pumpkins, and Christmas trees are permitted on a temporary basis on an existing parking lot in any commercial zone or on any lot fronting on an Arterial Street as shown on the General Plan subject to the following conditions:

(1)

All sales items, sales equipment, and temporary structures shall comply with minimum building setback requirements.

(2)

The proposed seasonal sales conform with all provisions of this Title and can be conducted in a manner which would be compatible with surrounding land uses and traffic patterns.

(3)

Animals provided for rides and petting shall have a 40-foot setback from adjacent residential uses.

(4)

Seasonal sales, except for fireworks stands, on a vacant lot are permitted subject to administrative decision by the Director subject to the following conditions below.

(i)

A site plan showing the proposed vehicular circulation pattern, parking layout, and location of structures must be provided with the business license.

(ii)

The proposed operation shall provide adequate and safe access and circulation.

(iii)

The three (3) conditions listed above for seasonal sales on a exiting parking lot.

(i)

Vehicle Food Venders. Food venders from a truck or vehicle such as a taco truck are permitted in the M-1 and M-2 zones and must be on a paved or all-weather surface.

(j)

General provisions for Outdoor Sales and Activities.

(1)

Outdoor display or sale of goods or services by itinerant vendors as defined by the Modesto Municipal Code is prohibited except for itinerant venders expressly permitted in this article.

(2)

Outdoor display or sale of any items on vacant or unimproved land is prohibited. This prohibition shall not apply to sales of fireworks, Christmas trees, pumpkins, or other seasonal items as permitted under this article.

(3)

Notwithstanding Section 1-2.01 of the Modesto Municipal Code or any other provisions of this Code failure to comply with the provisions of this section shall be punishable as an infraction.