§ 15-2745. OUTDOOR RETAIL SALES.

Outdoor retail sales shall be located, developed, and operated in compliance with the following standards:

A.

Seasonal Sales. For Seasonal Sales, such as Christmas Tree and pumpkin lots, refer to Section 15-2760, Temporary Uses.

B.

Temporary Outdoor Sales. For Temporary Outdoor Sales, refer to Section 15-2760, Temporary Uses.

C.

Permanent Outdoor Display/Sales. The permanent outdoor display of merchandise—except for Automobile and Motorcycle Retail Sales and Leasing, which is subject to Section 15-2709—requires a Development Permit and shall comply with the following minimum standards:

1.

Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

2.

Display Locations. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. Specifically:

a.

A four-foot pedestrian pathway shall be maintained and not blocked by merchandise.

b.

If a portion of the pedestrian pathway is shaded by a building overhang, the four-foot pedestrian pathway rather than the merchandise must be located under the overhang.

c.

If located in the public right-of-way, an encroachment from the Public Works Department is required.

d.

Location of the displayed merchandise may not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

3.

Building Setback of 15 Feet or Less. Merchandise shall be no closer than 15 feet from a public street unless the building is located closer to the street. If so, merchandise may be located closer than 15 feet.

4.

Building Setback Greater than 15 Feet. Outdoor sales shall be located entirely on private property outside any required setback (or landscaped planter in zoning districts that do not have required setbacks), fire lane, or fire access way. A minimum setback of 15 feet from any public right-of-way is required.

5.

Merchandise. Only merchandise generally sold at the business shall be permitted to be displayed outdoors.

6.

Screening. Screening is not required, however when proposed in a Commercial District and when visible from a major street, a decorative fence is required (chain link is prohibited). This requirement shall not apply to:

a.

Seasonal Sales (i.e., Christmas Trees, Pumpkin Lots).

b.

Temporary Outdoor Sales.

7.

Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area;

8.

Refuse/Litter. The operator shall provide waste removal and shall be responsible for collecting trash and recycling after each event, including the parking lot.

9.

Transactions/Point-of-Sale. All sales shall occur as part of the normal business activity of the establishment, via a register, or hand-held device. Patrons shall have the option of paying for purchases in the establishment as part of normal business activity.

10.

Other Conditions. The Director may impose other conditions that would ensure the operation of the proposed temporary outdoor sales in an orderly and efficient manner.

(Added Ord. 2015-39, § 1, eff. 1-9-16).