§ 156.131  OUTDOOR STORAGE, DISPLAY AND SALE OF GOODS.
   Temporary and permanent outdoor display, storage and sale of produce goods, holiday goods, outdoor-related goods and general merchandise is permitted under the limited conditions described in divisions (A) through (E) below, provided that the sale of those goods is a permitted use in the applicable zoning district. All other outdoor display, storage and sale of goods is prohibited, except as otherwise permitted by the town code.
   (A)   Operational standards for the temporary outdoor display, storage and sale of outdoor-related goods not contained within a permanent structure.
      (1)   Outdoor-related goods shall include, but are not limited to, goods that are customarily used outside, including outdoor furniture, sporting goods for outdoor sports activities, plants, flowers, fertilizers, mulch, sod, gardening tools, lawn equipment, storage sheds, grills, snow blowers and firewood, as determined by the Zoning Administrator.
      (2)   Outdoor display, storage and/or sale of outdoor-related goods shall be sold in connection with an established retail business on the same lot and shall be permitted without specified duration.
      (3)   The proposed display, storage and/or sale area shall not impede vehicular or pedestrian traffic and parking.
      (4)   The designated display, storage and/or sale area shall not be located in required landscape or visual buffer areas.
      (5)   If applicable, building, electrical, fire prevention code and hazardous use permits shall be obtained.
   (B)   Operational standards for the temporary outdoor display, storage and sale of general merchandise.
      (1)   General merchandise that is displayed and offered for sale outdoors shall include goods that are customarily sold in connection with an established retail business on the same lot. Examples of displays that may be permitted include sidewalk sales and tent sales.
      (2)   The outdoor display, storage and sale of general merchandise/goods shall be permitted for a period not to exceed 3 days 4 times per year.
      (3)   The proposed display, storage and sale area shall not impede vehicular or pedestrian traffic and required parking (unless replaced with substitute spaces on or off-site, subject to Zoning Administrator approval).
      (4)   The designated display, storage and sale area shall not be located within required landscape or visual buffer areas.
      (5)   If applicable, building, electrical, fire prevention code and hazardous use permits shall be obtained.
      (6)   Limited outdoor display of general merchandise on covered porches and deck areas immediately adjacent to established retail businesses shall be permitted, subject to other ordinance limitations or any conditions of development or use approval actions, provided the display does not impede pedestrian traffic or handicapped access and provided the merchandise is displayed only when the business is open. After business hours, the merchandise is to be taken indoors. Any display devices such as tables or crates must be either taken indoors when the business associated therewith is closed or appropriately secured to the building or ground.
   (C)   Operational standards for the temporary outdoor display, storage and sale of produce goods and holiday goods sold at independent stands.
      (1)   Produce goods shall include fruits and vegetables and other similar goods, subject to approval of the Zoning Administrator.
      (2)   Holiday goods shall include, but are not limited to, Christmas trees and pumpkins, as determined by the Zoning Administrator.
      (3)   The outdoor display, storage and/or sale of produce goods and/or holiday goods shall be permitted for a period not to exceed 30 consecutive days 4 times per year.
      (4)   A temporary occupancy permit for outdoor storage shall be obtained prior to the commencement of any outdoor display, storage and/or sale of goods, except for outdoor storage facilities appurtenant to retail facilities with approved permanent outdoor storage facilities, governed by division (E) below.
      (5)   Prior to the issuance of any temporary occupancy permit for outdoor storage, a plan shall be submitted to the Zoning Administrator that designates the display, storage and sale area to be used. The plan shall include the property owner’s written permission and shall indicate compliance with setbacks and parking requirements. In addition, the plan shall illustrate the location of any proposed signage, structures and/or stands.
      (6)   The proposed display, storage and/or sale area shall not impede vehicular or pedestrian traffic and parking.
      (7)   The designated display, storage and/or sale area shall not be located within required landscape areas.
      (8)   A refundable cleanup fee in accordance with the adopted fee schedule of the town shall be deposited prior to the issuance of a temporary nonresidential use permit for outdoor storage, display or sales. Any structures, stands and accessory materials shall be removed and the property cleaned up within 3 days of the temporary occupancy permit termination date in order for the deposit to be refunded.
      (9)   If applicable, building, electrical, fire prevention code and hazardous use permits shall be obtained.
      (10)   No temporary occupancy permit shall be issued until the applicant provides a signed statement indicating his or her knowledge of and intention to comply with business license and peddlers permit requirements.
      (11)   The requirements for fees and permits are not applicable to displays that are incidental to the main retail business operating at the site.
   (D)   Operational standards for the temporary outdoor storage of crates, trailers and similar storage units. Temporary outdoor storage in crates, trailers and similar storage units for the purpose of storing supplies or excess inventory to be sold in connection with an established business is not permitted.
   (E)   Operational standards for the permanent outdoor display, storage and sale of outdoor-related goods contained within a permanent structure.
      (1)   Outdoor-related goods shall include, but are not limited to, goods that are customarily used outside, including outdoor furniture, sporting goods for outdoor sports activities, plants, flowers, fertilizers, mulch, sod, gardening tools, lawn equipment, storage sheds, grills, snow blowers and firewood, but do not include the display of motor vehicles.
      (2)   The designated outdoor display, storage and/or sale area shall comply with parking requirements and setback regulations.
      (3)   The designated outdoor display, storage and/or sale area shall not be located within required landscape areas.
      (4)   A site layout plan shall be submitted to the Planning Board for approval prior to construction of any structure designed for permanent outdoor display, storage and sale of outdoor-related goods.
      (5)   In zoning districts with architectural review standards, all structures, stands, screening and accessory materials associated with the permanent outdoor display and storage of outdoor-related goods shall be subject to architectural review. The requirement for architectural review shall not apply to display fixtures that are appropriately screened from public view.
      (6)   If applicable, building, electrical, fire prevention code and hazardous use permits shall be obtained.
   (F)   Exemptions. Town-sponsored events such as outdoor festivals are subject to review and approval of the Town Manager and are exempt from the permitting requirements and limitations of this section.
(Ord. 04-21, passed 10-6-2004, § 44.1)