(A) Applicability. This section applies to the display of retail goods in parking areas, sidewalks and other locations outside of an enclosed building. This section does not apply to farmers’ markets or produce stands where permitted by the applicable zoning district.
(B) Permitted.
(1) Outdoor display of retail goods, wares and merchandise are permitted accessory uses in the “CG” (Commercial General) and “CL” (Commercial Large-Scale) Districts if expressly permitted pursuant to a site plan. No such outdoor display is permitted unless the site plan shows the location, area and boundaries of the outdoor display.
(2) Retail goods may be displayed on public or private sidewalks in the “CN” (Commercial Neighborhood) and “D” (Downtown) Zoning Districts, on any lot that abuts a TND main street or in the TOD, or on any designated “A” street, where:
(a) The goods are located entirely under an awning or canopy that complies with the city’s code of ordinances. If no awning or canopy is present, the goods may be displayed on an area abutting and not more than three feet from the storefront; and
(b) The display shall conform to the city’s streets and right-of-way management ordinances.
(3) Such outdoor display must be customarily incidental to a principal use in the district in which the outdoor display is permitted. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas.
(4) Such outdoor display is permitted in any yard, subject to a minimum setback of 20 feet from an adjoining property line.
(5) Outdoor display shall be screened from view along any property line abutting a residential zoning district by a minimum Type C buffer that conforms to § 153.1122 of this chapter. To the extent that buildings on the premises are located in order to screen views from adjacent streets and properties, such buildings may be considered to be part of the required screening in lieu of landscaping, fences, walls and enclosures.
(6) The height of displayed merchandise shall not exceed the height of any fence or wall in the buffer or six feet, whichever is less.
(7) All outdoor displays must be located on the same lot as the principal use.
(8) Areas used for such display shall be furnished with an all-weather hard surface of a material such as bituminous or portland concrete cement.
(9) Merchandise shall not be placed or located where it will interfere with pedestrian or building access or egress, required vehicular parking and handicapped parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access or egress.
(10) Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios of §§ 153.1015 through 153.1023 of this chapter. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number of parking spaces required.
(Ord. 3020, passed 9-10-2013, § 7.60)