(1) Purpose. The purpose of these regulations is to ensure the proper use of land for outdoor displays, sales and storage so as to minimize impacts on surrounding property owners and uses.
(2) Applicability. The provisions of this section shall apply to all uses, except single-family, two-family dwellings, multi-family dwellings and roadside markets that are accessory to an agricultural use.
(3) Exemptions. The following uses, where the outdoor displays and sales are the principal use of the lots, shall be exempt from these regulations:
(A) Motor vehicle sales or rental;
(B) Greenhouses;
(C) Tool rental or sales facilities; and
(D) Similar uses as determined by the BZA.
(4) General standards. All outdoor sales, display and storage areas shall be illustrated on the site plan and shall require approval by the PZC during site plan review process. Existing locations shall meet the criteria as set forth by the following.
(A) Outdoor sales, display and storage areas shall not be located in any required setback, parking and circulation area, right-of-way, or required landscape or screened area.
(B) Such sales, display and storage areas shall be prohibited if they will create any safety hazard for pedestrians. A minimum pathway in areas used for outdoor displays, sales and storage shall be provided to allow for the flow of pedestrian traffic outside of designated vehicular traffic drives. Such pathways shall have a minimum clearance width of five feet or the width required to meet the minimum standards of the Americans with Disabilities Act, being 42 U.S.C. §§ 1201 et seq., County Building Department, whichever is greater.
(C) Where screening or security fencing is provided or required, decorative cast iron, aluminum, wood material or other material as approved by the PZC shall be utilized. Chain link fencing and other wire mesh fencing shall only be permitted where the fencing is not visible from any public right-of-way.
(D) All outdoor sales, display and storage areas shall be maintained free of garbage and other debris.
(5) Standards for outdoor sales and displays. Outdoor sales and displays may be permitted where such sales and display areas comply with the following regulations.
(A) Outdoor sales and displays are prohibited on vacant lots, unless approved in advance by the PZC and only retail commercial uses are permitted in the applicable zoning district. Upon approval, a temporary use permit is to be obtained.
(B) Outdoor sales and displays may be permitted; provided that the merchandise is displayed along the sidewalk, the walkway adjacent to the building or in the side yard.
(C) Outdoor displays and sales of bulk or large products that exceed 20 pounds, including, but not limited to, mulch (bag or bulk), concrete, salt or other similar products that cannot be easily carried into the store for purchase shall be required to meet the requirements for outdoor storage (division (6) of this section).
(D) Outdoor cafes and food service areas may be permitted when they comply with the following regulations:
1.) Outdoor cafes or food service areas located along a sidewalk or between the building and parking area;
2.) Outdoor café and food services areas wider than four feet shall be surrounded by railings that separate the eating area from sidewalk or vehicular traffic;
3.) Umbrellas that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions; and
4.) Enclosing outdoor cafes or food service areas either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a zoning permit.
(6) Standards for outdoor storage areas. Outdoor storage areas may be permitted where such storage areas comply with the following regulations:
(A) Outdoor storage shall be prohibited on vacant lots;
(B) Only those goods and materials associated with the existing on-site use may be stored or sold in outdoor storage areas;
(C) Outdoor storage may be permitted provided that the storage areas are located in the side or rear yard;
(D) Storage of any goods or materials shall not exceed six feet in height; and
(E) All outdoor storage areas shall be screened from view of the public right-of-way by a six-foot fence in conformance with division (4) of this section. Screening shall not be required if the outdoor storage area is located out of view from any public right-of-way.
(Prior Code, § 1229.12) (Ord. 2009-21, passed 10-27-2009; Ord. 2022-02, passed 3-8-2022)