§ 38-1424. Ticket booths in the tourism district.

(a)

Applicability. This section shall apply only to ticket booths located or proposed to be located within the "tourism district," as the term is defined in section 38-1 of the Orange County Code, as it may be amended from time to time.

(b)

Legislative findings.

(1)

The economy of Orange County depends in large part upon the tourism industry.

(2)

The vitality of the tourism industry depends in part upon an atmosphere that is aesthetically pleasing and conducive to attracting tourists.

(3)

The proliferation of substandard and unsightly outdoor ticket booths in the tourism district degrades the aesthetics of the tourism district, which may reduce tourists' enjoyment and frequency of vacationing in the tourism district.

(4)

Ticket booths should be compatible with their surroundings in the tourism district, and not create a "carnival" atmosphere.

(5)

Ticket booths provide a service to tourists and the tourism industry by serving as off-site distributors of tourist services.

(6)

Ticket booths serve a unique purpose, and operate in a unique fashion, that requires distinct development standards.

(7)

Ample areas exist within the tourism district where ticket booths can locate in compliance with the standards established herein.

(8)

It is not the intent of this section to prohibit the operation of ticket booths.

(c)

Ticket booth defined. The term "ticket booth" means a booth, kiosk, stand, or similar structure situated outdoors or affixed to the exterior of another structure at which tickets, coupons, timeshares, and/or real estate are marketed. The term "ticket booth" does not include a structure serving the same purpose which is located within a primary structure, such as a hotel, retail establishment, restaurant, or the like.

(d)

Types of ticket booths.

(1)

Principal structure ticket booth. A ticket booth which exists as a freestanding primary structure.

(2)

Ancillary structure ticket booth.

a.

Detached ticket booth. A freestanding ticket booth which is not integrally attached to a primary structure, but which is instead ancillary to a primary structure.

b.

Attached ticket booth. A ticket booth which exists as an open air addition or extension of a primary structure and which is integrally attached to the primary structure.

(e)

Performance standards.

(1)

Principal structure ticket booths.

a.

Location. A principal structure ticket booth shall meet the performance standards, including parking, setbacks, signage, construction standards and height requirements, for the respective zoning district in which the principal structure ticket booth is located or is to be located.

b.

Minimum size. Three hundred (300) square feet.

c.

Restrooms. Restrooms shall be provided within the principal structure ticket booth.

(2)

Ancillary structure ticket booths - detached ticket booths.

a.

Location. A detached ticket booth may locate within a parking lot provided the ticket booth adjoins a pedestrian walkway, the ticket booth operations are oriented to the walkway, the ticket booth does not encumber any parking spaces needed to meet code requirements, and the ticket booth does not block or impede pedestrian or vehicular access to any required parking spaces for the primary use(s) on the property. Furthermore, a detached outdoor ticket booth may not locate in a stormwater management area, or an open space area where open space standards would be violated.

b.

Parking. On-site parking shall meet code requirements based on both the primary use(s) on the property and the ticket booth. Parking for the ticket booth shall be calculated at one (1) space for each three hundred (300) square feet in size of the ticket booth, with a minimum of one (1) space provided for each ticket booth. Where on-site parking is substandard, a joint use parking agreement shall be submitted for review and shall be subject to approval by the zoning manager.

c.

Setbacks. Front, side and rear setbacks shall be the same as for the primary structure.

d.

Minimum size. Seventy-five (75) square feet.

e.

Maximum size. Two hundred ninety-nine (299) square feet.

f.

Maximum height. Fifteen (15) feet.

g.

Construction standards.

1.

Standard building code. Type VI construction standards shall be met. The ticket booth shall be totally enclosed with operable windows. All operations shall be conducted at the operable windows.

2.

Exterior finish and architectural design. The exterior finish and architectural design shall be consistent with those of the primary structure.

3.

Roof. The pitch and roof cover shall be consistent with those of the primary structure, except that no flat roofs (minimum 2/12 pitch, equally pitched from center) may be allowed.

4.

Lighting. Ground fixtures, border neon, flashing or strobe lights, and similar lighting that draw undue attention shall be prohibited.

h.

Restrooms. Restrooms shall be provided within the ticket booth or the proprietor of the ticket booth shall submit a written notarized statement that the employees and customers of the ticket booth are permitted to utilize restrooms located within a primary structure on the property.

i.

Signs (as defined and referenced at chapter 31.5, tourist commercial sign standards, Orange County Code).

1.

Types. The ticket booth shall not have any roof, pole or ground signs. Only wall or awning signs may be permitted. The on-site multitenant sign for the property may advertise the ticket booth operation, consistent with the tourist commercial sign standards.

2.

Calculation of copy area. The copy area of wall and awning signs shall not exceed a figure equal to one (1) square foot per one (1) linear foot of the ticket booth's linear dimension which faces the primary public or private right-of-way.

3.

Banners, pennants, flags, etc. Banners, pennants, flags and the like shall be prohibited.

(3)

Ancillary structure ticket booths - attached ticket booths.

a.

Location. An attached ticket booth may locate within a parking lot, provided the ticket booth adjoins a pedestrian walkway, provided the ticket booth operations are oriented to the walkway, the ticket booth does not encumber any parking spaces needed to meet code requirements, and the ticket booth does not block or impede pedestrian or vehicular access to any required parking spaces for the primary use(s) on the property. Furthermore, a detached outdoor ticket booth may not locate in a stormwater management area, or an open space area where open space standards would be violated.

b.

Parking. On-site parking shall meet code requirements based on both the primary use(s) on the property and the ticket booth. Parking for the ticket booth shall be calculated at one (1) space for each three hundred (300) square feet in size of the ticket booth, with a minimum of one (1) space provided for each ticket booth. Where on-site parking is substandard, a joint use parking agreement shall be submitted for review and shall be subject to approval by the zoning manager.

c.

Setbacks. Front, side and rear setbacks shall be the same as for the primary structure.

d.

Minimum size. None.

e.

Maximum height. Same as for the primary structure.

f.

Construction standards.

1.

Construction type. Same as for the primary structure.

2.

Exterior finish and architectural design. Same as for the primary structure.

3.

Roof. A roof is not required. The ticket booth may utilize a canopy, umbrella or similar cover instead, provided the cover is a single color consistent with the primary structure to which the booth is attached.

4.

Lighting. Ground fixtures, flashing or strobe lights or similar lighting that draw undue attention shall be prohibited.

g.

Restrooms. Restrooms shall be provided within the ticket booth or the proprietor of the ticket booth shall submit a written notarized statement that the employees and customers of the ticket booth are permitted to utilize the restrooms located within the primary structure to which the ticket booth is attached.

(f)

Distance separation requirements.

(1)

No ancillary structure ticket booth shall locate within five hundred (500) feet of any primary structure ticket booth or other ancillary structure ticket booth which is legally established, existing and licensed at the time the application is submitted for the ancillary structure ticket booth, regardless of whether the primary structure ticket booth or other ancillary structure ticket booth is located within an unincorporated area or within a municipality.

(2)

The distance separation requirements set forth above shall not apply against an existing ancillary structure ticket booth when there is:

a.

A renewal of an existing occupational license;

b.

A transfer of ownership; or

c.

A change in business name.

(3)

The distances provided in this section shall be measured by drawing a straight line between the closest property lines of the parcel/lot on which the ancillary ticket booth is proposed and the parcel/lot on which the primary structure ticket booth or ancillary structure ticket booth is legally existing.

(g)

Number. Only one (1) ancillary structure ticket booth shall be permitted per parcel/lot.

(h)

Nonconforming ticket booths. Any ticket booth that was legally established and licensed on or before August 1, 1994, may remain subject to the following:

(1)

If it does not meet the distance requirements set forth herein, it may remain, subject to the general nonconforming use regulations in chapter 38, Orange County Code.

(2)

If it does not meet the performance standards established herein (setbacks, exterior finish, architectural design, roof type, lighting, restrooms and signs), it shall meet them on or before August 1, 1995. In meeting these performance standards, the legal nonconforming ticket booth may be reconstructed consistent with the performance standards established herein. However, any reconstructed ticket booth is still subject to the general nonconforming use regulations in chapter 38, Orange County Code. The failure of a legal nonconforming ticket booth to comply with any of the performance standards by August 1, 1995, shall result in the forfeiture of its legal nonconforming status, and/or may result in appropriate enforcement action.

(i)

Requirements for permitting.

(1)

A primary structure ticket booth shall comply with the commercial site plan review procedures set forth in chapter 30, article VIII, Orange County Code.

(2)

An ancillary structure ticket booth shall not only comply with the commercial site plan review procedures, but also shall provide the following information:

a.

A scaled site plan clearly indicating the location of the proposed ticket booth, and the location(s) of any existing primary structure ticket booths situated within five hundred (500) feet of any of the property lines on which the proposed ticket booth will be located. Property line to property line measurements shall be clearly indicated.

b.

Photographs and/or elevations of on-site primary use(s).

c.

Architectural elevations of the proposed ticket booth, including roof type.

d.

A notarized statement indicating that the ticket booth employees and customers are authorized to use the restrooms of the primary structure.

e.

Scaled sign dimensions, indicating the total copy area proposed, the total copy area allowed, and the proposed location of the signage on the ticket booth.

(Ord. No. 94-16, § 1, 8-9-94; Ord. No. 2015-17 , § 30(f), 9-22-15)