Accessory buildings and uses customarily incident to any commercial use (including air conditioning, ice and refrigerating plants purely incidental to a main activity permitted on the premises) are permitted subject to the following conditions. No use or accessory use shall be construed to permit the keeping of articles, material or merchandise in the open or on the outside of the building except as follows:
(a) Items permitted in “E” through “H” districts. The following items may be displayed and/or stored year-round outside the main building subject to the conditions contained in this section, provided, however, general merchandise stores and home improvement stores are permitted to have outdoor storage, display and sales in accordance with § 5.134(a)(9):
(1) Bagged grass seed;
(2) Bagged fertilizer;
(3) Bagged mulch;
(4) Bagged bark chips;
(5) Bagged play sand;
(6) Bagged potting soil;
(7) Bundled firewood;
(8) Living plants; and
(9) A maximum of ten portable boxes, bins or other such containers, not to exceed 96-gallon capacity each, for the purpose of collecting aluminum cans, glass, grocery bags or plastic bottles.
(b) General conditions. Outside storage and/or display of the above listed items is subject to strict compliance with the following conditions.
(1) No merchandising, nor the storage or stacking of such merchandise may exceed four feet in height (except Christmas trees displayed in vertical position).
(2) No merchandise may extend more than five feet from the front wall of the building except holiday sales items and temporary sales as set out in subsections (c) and (d) below.
(3) A four-foot wide unobstructed walkway must be provided between the curb, fire lane, maneuvering aisle or parking space and any stored and/or displayed merchandise.
(4) No stored merchandise, goods or products may be situated such that visibility of motor vehicle traffic lanes is obstructed.
(5) No area used for the outside storage or display of merchandise shall be located within 25 feet of the rear or side of any residentially used property.
(6) No area designated for required off-street parking may be used for outside storage or display of merchandise (except holiday sales items).
(7) All city fire, building and other codes shall be strictly complied with.
(c) Special conditions for holiday sales permitted in “E” through “H” districts. Outside storage and/or display of holiday sales items, such as cut trees, pumpkins and cut flowers are subject to strict compliance with the following conditions.
(1) Cut trees and pumpkins may be displayed for up to 30 days preceding and including the holiday but must be removed the day immediately following the holiday.
(2) All other merchandise may be displayed for no more than ten days preceding a holiday and must be removed the day immediately following the holiday.
(3) Display area may not exceed 30% of the on-premises off-street parking.
(4) If a tent is to be erected in conjunction with the sale, a permit from the fire department is required.
(d) Special conditions for temporary outdoor tent sales permitted in “E” through “H” districts. Outside storage and/or display of new, retail merchandise for temporary tent sales are subject to strict compliance with the following conditions.
(1) A permit from the fire department is required to erect a tent.
(2) Sales may last for no more than ten consecutive days and are limited to two per business per year.
(3) Display area may not exceed 30% of the on-premises off-street parking.
(Ord. 13896, passed 10-12-1999; Ord. 14331, § 6, passed 9-5-2000; Ord. 15406, § 3, passed 1-14-2003; Ord. 17907, § 1, passed 12-4-2007)