The outdoor display of products or materials intended for retail sale or rental, outdoor seating, and/or planters may be permitted only in the B-1, Central Business District, B-2, General Business District, W-M, Waterfront Recreation and Marina District, and NMD, Nautical Mile District, subject to the following conditions. Outdoor display shall not include any signage in addition to that permitted with the permitted use:
(A) General Standards.
(1) An outdoor display shall be considered as an accessory use to the principal use conducted on the premises.
(2) The exterior of the premises shall be kept clean, orderly and maintained.
(3) The City shall not be held liable or responsible for any type of damage, theft or personal injury that may occur as a result of an outdoor display.
(4) An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance.
(5) An outdoor display shall comply with the corner clearance requirements of § 160.223.
(6) Approval for the outdoor display is to be reviewed and completed administratively by the Zoning Administrator.
(7) In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and approval where, in the sole discretion of the Zoning Administrator, the site conditions may create difficulty in adherence to the standards contained herein.
(8) Outdoor displays, seating and /or planters are prohibited from December 1, through and including March 31.
(B) Standards within the B-1, W-M and Nautical Mile Districts.
(1) An outdoor display may be located in front or adjacent to the principal use establishment. An outdoor display that extends beyond the property lines of the principal use property shall require the written permission of the affected property owners.
(2) If an outdoor display is located on a public sidewalk, a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained at all times. An outdoor display on a public sidewalk shall be confined to normal business hours. Fences, barricades or similar enclosures which may damage the public sidewalk are prohibited.
(C) Standards within the B-2 Districts. An outdoor display may be located within any required yard but shall not be located within any public road right-of-way.
(D) Building materials, nursery stock and garden supplies.
(1) Outdoor sales areas shall not be located within the required front setback, except for sales of living nursery stock. Ornamental displays associated with the sale of nursery stock shall be permitted; however, in no case shall the outdoor storage or sale of bulk materials, such as topsoil, mulch or gravel, whether packaged or not, be permitted within the front yard setback.
(Ord. 2018-006, passed 11-1-2018)