Outdoor display of merchandise for sale and outdoor storage of goods shall only be permitted in the B1, B2, B3 and B4 districts when a Conditional Zoning Certificate has been obtained and such display or storage is in compliance with the following Sections. With regards to applications made pursuant to this Section only, a public hearing shall not be required prior to the issuance of a Conditional Zoning Certificate unless mandated by the Planning Commission.
   (a)   General Requirements.
      (1)   Locations.
         A.   Areas devoted to outdoor display or outdoor storage shall comply with all building setbacks and yard regulations for the district in which they are located.
         B.   No outdoor display or storage shall be permitted between the front wall of the principal building and the adjacent street except for temporary displays pursuant to subsection 1167.07(d).
         C.   All outdoor display and storage areas must be contiguous to the principal building.
         D.   No outdoor display or storage area shall be permitted to occupy or interfere with required parking areas, public sidewalks or pedestrian access.
      (2)   Area. The area of the lot devoted to outdoor display or outdoor storage shall not exceed twenty percent (20%) of the ground floor area of the principal building.
      (3)   Surfacing. Areas devoted to outdoor display and storage shall be paved with asphalt or concrete and free of dust.
      (4)   Signs. No signs shall be permitted in conjunction with outdoor display or outdoor storage areas except those otherwise in compliance with the sign regulations in Chapter 1179.
      (5)   Conformance. All outdoor storage and outdoor display existing at the time of adoption of this amendment which are not in compliance with this Section 1167.07 shall conform to the requirements of this Section on or before October 1, 2001, unless such time for a specific use is extended by City Council.
   (b)   Supplemental Regulations for Outdoor Displays.
      (1)   Outdoor display and sale of merchandise shall be limited to products which are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display and sale of merchandise by any person operating or conducting a business which is different or distinct from the principal business conducted at that location except for temporary displays pursuant to subsection 1167.07(d).
      (2)   Outdoor display areas are limited to a side or rear yard except for outdoor dining which may be considered in front of the building.
      (3)   The outdoor display area must be defined by or contained within an appropriate architectural or decorative demarcation as approved by the Planning Commission. This may include the use of landscaping elements, fencing, walls or other appropriate materials. If building materials are utilized, these materials shall be consistent with the architectural design of the principal structure as approved by the Planning Commission.
   (c)   Supplemental Regulations for Outdoor Storage.
      (1)   Outdoor storage is conditionally permitted in the B-3 District when such materials or products are customarily incidental to the permitted use of the property. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted. The bulk storage of material such as mulch, wood chips, sand, etc. shall be permitted only if the material is effectively prevented from spreading and effectively screened pursuant to this Section.
      (2)   Areas devoted to outdoor storage shall be located in a rear yard only.
      (3)   All outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets by walls, fences or landscaping (or these in combination) which achieve a substantially opaque screen from the ground to the height of the material to be stored or eight (8) feet whichever is less. Any landscape plant material which is used shall be planted at such size and spacing to achieve a substantially opaque screen within two (2) years from the time of planting.
   (d)   Temporary Outdoor Sales and Displays. Permits may be granted for temporary outdoor sales and displays subject to the following:
      (1)   Up to three days in duration. The Building Commissioner may grant, upon application, a permit for temporary sales or displays when such sales or displays are no more than three (3) days.
      (2)   Up to forty-five days in duration. A permit for temporary sales or displays between four (4) and forty-five (45) days may be granted but only upon a review of the application by an administrative review committee which shall be comprised of the Service Director, the City Engineer, the Chief of Police and the Mayor.
      (3)   Any temporary sales or displays which propose a duration greater than forty-five days shall only be approved when a conditional use has been issued pursuant to the procedures in Section 1137.04, except that a public hearing shall not be required unless mandated by the Planning Commission.
      (4)   No more than two temporary permits shall be granted to the same property within the same calendar year.
      (5)   Temporary outdoor sales and displays are not subject to the restrictions set forth in Sections 1167.07(a) and 1167.07(b) when it is determined during the review of the application (by the Building Commissioner, administrative review committee, or Planning Commission, as applicable) that the proposed location and scope:
         A.   Does not create any safety hazards;
         B.   Does not unreasonably disrupt traffic or parking;
         C.   Does not disrupt daily operations of the principal business located on the lot; and
         D.   Does not adversely impact the health, welfare and safety of the community.
      (6)   Temporary permits pursuant to this subsection may be issued to applicants other than the owner of the property or tenant when such owner or tenant has granted written permission for the proposed activity on the property.
         (Ord. 65-1999. Passed 10-14-99.)