Menifee Zoning Code Ch. 9.260 Outdoor Sales, Display and Dining

Contents:

9.260.010 Purpose

9.260.020 Applicability

9.260.030 Permit Required

9.260.040 Development Standards and Requirements for Outdoor Sales and Dining

The purpose of this chapter is to establish regulations for outdoor sales, display and dining areas.

The requirements contained in this chapter shall apply to all outdoor sales, display and dining areas.

The following permit requirements shall be applicable to all outdoor sales, display and dining areas:

1. Outdoor Sales and Display. Outdoor display of merchandise that is clearly incidental and subordinate to an existing business is allowed as an accessory use without a Temporary Use Permit as long as it meets the requirements for outdoor display in Section 9.260.040 (Development Standards).

2. Outdoor Dining.

3. An outdoor dining area may be added to an existing permitted facility as an accessory use where the Community Development Director finds that:

4. The area is less than 200 square feet;

5. All seating is within 4.5 feet of the building;

6. There are no permanent exterior improvements;

7. Alcohol is not served; and

8. A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet is maintained.

9. Outdoor dining that does not meet the limitations of subsection B.1 above shall require an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Minor Plot Plan shall be required in accordance with Chapter 9.80 (Minor Plot Plan).

1. Outdoor Merchandise Display. Any outdoor display exhibited in conjunction with the business being conducted within the building may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:

2. The items being displayed shall be of the same types that are lawfully displayed and sold inside the building on the premises, except alcohol.

3. The aggregate display area shall not exceed 40 percent of the linear frontage of the storefront or 10 linear feet, whichever is greater.

4. Items shall not project more than 4 feet from the storefront.

5. No item, or any portion thereof, shall be displayed on public property; provided, however, that items may be displayed within the public right-of-way if an Encroachment Permit has first been procured from the City.

6. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.

7. No item shall be displayed in a manner that causes a safety hazard, obstructs the entrance to any building, interferes with or impedes the flow of pedestrian or vehicle traffic, is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.

8. A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet wide is maintained.

9. Single-tenant buildings that are 50,000 square feet or greater (e.g., big box retail stores), may be allowed outdoor merchandise display exceeding the limitations of the above Subsections 9.260.040.A.2, A.3 and A.5, subject to an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Minor Plot Plan shall be required in accordance with Chapter 9.80 (Minor Plot Plan).

10. Outdoor Dining. The following development standards apply to all outdoor dining areas:

11. A clear path of at least 5 feet wide, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times.

12. No outdoor dining area shall obstruct the entrance to any building, interfere with or impede the flow of pedestrian or vehicle traffic, or create any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.

13. Outdoor dining area furniture, including but not limited to tables, chairs, and umbrellas, shall be of high quality and consistent with the theme of the primary establishment or overall premises.

14. An outdoor dining area shall be used only for dining, drinking and circulation, and shall operate only in conjunction with and during the same hours as the adjacent eating and drinking establishment.

15. The area within, and adjacent to, the outdoor dining area shall be clean and free of litter at all times.

16. Trash or storage areas shall not be located on or adjacent to the public right-of-way.

17. Outdoor dining shall be oriented away from adjacent residential uses except as approved by the approving authority.

18. Parking shall be in compliance with the standards of Chapter 9.215 (Parking and Loading Standards) for the primary use and any outdoor dining area in excess of 200 square feet.

(2022-351, 09/21/2022; 2025-417, 07/16/2025)

Effective on: 8/16/2025