Outdoor activities permitted in the Commercial Zoning Districts are set forth in Schedule 1139.03 (Use Regulations) and shall be permitted only when accessory to a permitted use or conditional use in compliance with the following regulations:
(a) Outdoor display of merchandise for sale. This section does not apply to a motor vehicle sales establishment.
(1) The merchandise for outdoor sale shall be offered by the principal retail business located on the premises, shall be the same or similar merchandise sold by the principal retail business and shall be conducted by the owner or employees of the principal retail business.
(2) The area of the outdoor display shall not exceed 15 percent of the ground floor area of the principal retail business on the lot. The Planning Commission may grant a variance to this requirement when the ground floor area is 5000 square feet or less.
(3) The outdoor display area shall not be located within a building setback. See Schedule 1139.07 (Building Setback Requirements).
(4) The outdoor display area shall not be located in an area intended for vehicular traffic and pedestrian circulation or parking as identified on the approved development plan; and shall not interfere with or obstruct vehicular or pedestrian traffic.
(5) An outdoor display area shall be shown on the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).
(b) Outdoor Storage of Goods and Materials. The outdoor storage of goods and general materials is accessory to a permitted use in the zoning districts where permitted in Schedule 1139.03 (Use Regulations).
(1) Goods, materials, or products sold or used as part of the principal use may be stored outside. The storage of radioactive, toxic or hazardous materials is prohibited.
(2) Goods and materials stored outdoors shall be enclosed with an opaque wall or fence with access secured by an opaque gate. The wall or fence shall be of sufficient height to conceal all stored materials from the view of an observer standing at grade on an abutting residential district line. The height of the fence or wall shall not exceed six feet. The opaque wall or fence and gate shall be structurally sound and maintained in good condition.
(3) Stored materials shall be accessible to fire-fighting equipment at all times.
(4) A fenced outdoor storage area shall be located in a rear yard, behind the principal building, and shall not visible from a public street unless the storage area is located on a corner lot. The side and rear setbacks of the enclosed outdoor storage area shall be at least ten feet; but if the property boundary abuts a residential district the setback is fifteen (15) feet. On corner and through lots, the fenced storage area shall be setback fifteen (15) feet from a street right-of-way.
(5) A proposed outdoor storage area shall be included in the development plan and approved as part of the development plan review pursuant to Chapter 1111 (Development Approval Process).
(c) Outdoor Storage of Vehicles and Equipment. The outdoor storage of vehicles and equipment shall be accessory to a permitted use in the zoning districts where permitted in Schedule 1139.03 (Use Regulations):
(1) The stored vehicles or equipment shall be necessary to conduct the business of the principal use.
(2) All stored vehicles shall be operable and have a current vehicle registration.
(3) Vehicles and equipment shall be stored within an opaque wall or fence with access secured by an opaque gate. The wall or fence shall be of sufficient height to conceal the vehicles and equipment therein from the view of an observer standing at grade on an abutting residential district line. The height of the fence or wall shall not exceed six feet. The solid wall or fence and the gates shall be structurally sound and maintained in good condition. Barbed or razor wire is prohibited.
(4) Stored vehicles and equipment shall be accessible to fire-fighting equipment at all times.
(5) The outdoor storage area for vehicles and equipment shall be located in a rear yard, behind the principal building and not visible from a public street, unless the outdoor storage is located on a corner lot. An outdoor storage area that abuts a single-family residential district or is adjacent to a public street right-of-way shall be setback at least 15 feet from the side and rear property boundary lines. An Outdoor storage area that abuts another zoning district shall be set back not less than ten feet from the rear and side property boundary lines.
(6) An outdoor storage area for vehicles and equipment shall be shown in the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).
(Ord. 2635. Passed 1-13-11.)