§ 118.02 REQUIREMENTS FOR TEMPORARY AND PERMANENT OUTDOOR DISPLAY, STORAGE AND SALE.
   Temporary and permanent outdoor display, storage, and sale of outdoor-related goods, general merchandise, produce goods and holiday goods, is permitted under the limited conditions described in divisions (A) through (E) below, provided that the sale of such goods is a permitted use in the applicable zoning district. All other outdoor display, storage, and sale of goods is prohibited, except as otherwise permitted by the village code.
   (A)   Requirements for the temporary outdoor display, storage, and sale of outdoor-related goods not contained within a permanent structure.
      (1)   Outdoor-related goods means goods that are customarily used outdoors, including, but not limited to, outdoor furniture, sporting goods for outdoor sports activities, bicycles, plants, flowers, fertilizers, mulch, sod, gardening tools, lawn equipment, grills, snow blowers, and firewood, as determined by the Administrator but does not include the sale of motor vehicles.
      (2)   The outdoor display, storage, and/or sale of outdoor-related goods shall be sold in connection with an established retail business that has a business registration issued by the village.
      (3)   The outdoor display, storage, and/or sale of outdoor-related goods shall be located on the same lot as the registered retail business and shall be permitted without a specified duration or expiration date.
      (4)   The proposed display, storage, and/or sale area shall not impede vehicular or pedestrian traffic and parking (unless replaced with substitute spaces on or off-site, subject to Zoning Administrator approval).
      (5)   The designated display, storage, and/or sale area shall not be located in any village required landscape or visual buffer areas.
      (6)   If applicable, building, electrical, fire prevention code, sign permits and hazardous use permits shall be obtained prior to issuance of the permit.
      (7)   The outdoor display of above ground pools, in-ground pools or outdoor storage sheds, canopies or carports is prohibited.
   (B)   Requirements for the temporary outdoor display, storage, and sale of general merchandise.
      (1)   General merchandise means goods that are customarily sold indoors in connection with an established retail business on the same lot. Examples of such displays that may be permitted include sidewalk sales and tent sales. Outdoor clothing sales are prohibited unless such sales are for the sale of new clothing offered by retail clothing business that has a business registration issued by the village.
      (2)   The outdoor display storage, and sale of general merchandise goods shall be permitted for a period not to exceed three days four times per year.
      (3)   The proposed display, storage, and sale area shall not impede vehicular or pedestrian traffic and required parking (unless replaced with substitute spaces on or off-site, subject to Zoning Administrator approval).
      (4)   The designated display, storage, and sale area shall not be located within any village required landscape or visual buffer areas.
      (5)   If applicable, building, electrical, fire prevention code, sign permits, and hazardous use permits shall be obtained prior to issuance of the permit.
      (6)   After business hours, all merchandise must be taken indoors. Any display devices such as tables or crates must be either taken indoors when the business associated therewith is closed or appropriately secured to the building or ground.
   (C)   Requirements for the temporary outdoor display, storage, and sale of produce goods and holiday goods sold at independent stands.
      (1)   Produce goods means fruits and vegetables and other similar goods, as determined by the Administrator.
      (2)   Holiday goods means Christmas trees, fireworks (as allowed by law) and pumpkins and other similar goods as determined by the Administrator.
      (3)   The outdoor display, storage, and/or sale of produce goods and/or holiday goods shall be permitted for a period not to exceed 30 consecutive days four times per year.
      (4)   A temporary occupancy permit for outdoor storage of produce goods or holiday goods shall be obtained prior to the commencement of any outdoor display, storage, and/or sale of such goods, except for outdoor storage facilities appurtenant to retail facilities with approved permanent outdoor storage facilities, governed by division (E) below.
      (5)   Prior to the issuance of any temporary occupancy permit for outdoor storage, in addition to the application a plan shall be submitted to the Building and Zoning Administrator that designates the display, storage, and sale area to be used. The plan shall include the property owner's written permission and shall indicate compliance with setbacks and parking requirements. In addition, the plan shall illustrate the location of any proposed signage, structures, and/or stands.
      (6)   The proposed display, storage, and/or sale area shall not impede vehicular or pedestrian traffic and parking.
      (7)   The designated display, storage, and/or sale area shall not be located within any village required landscape areas.
      (8)   A refundable cleanup fee in the amount of $100 shall be deposited prior to the issuance of a temporary occupancy permit for outdoor storage/display/sales of produce goods and holiday goods. All structures, stands, and accessory materials shall be removed and the property cleaned up on or before the expiration date of the temporary occupancy permit in order for the deposit to be refunded.
      (9)   If applicable, building, electrical, fire prevention code, sign permits and hazardous use permits shall be obtained prior to issuance of the permit.
      (10)   No temporary occupancy permit shall be issued until the applicant provides a signed statement indicating his or her knowledge of and intention to comply with business license and peddlers permit requirements.
   (D)   Outdoor storage of crates, trailers, and similar storage units for supplies or inventory is prohibited. Temporary outdoor storage in crates, trailers, and similar storage units for the purpose of storing supplies or excess inventory to be sold in connection with an established business is not permitted after the effective date of this chapter. Any such temporary storage unit in actual use and located on property accessing a state route prior to the effective date of this chapter may remain in use subject to the following conditions:
      (1)   If the property on which such temporary storage unit is located is sold, leased, transferred or otherwise conveyed voluntarily or by operation of law then the temporary storage unit shall be prohibited and removed from the property.
      (2)   If the temporary storage unit is substantially destroyed or falls into a state of disrepair, as determined by the Administrator, it shall be removed from the property and no replacement shall be permitted.
   (E)   Requirements for the permanent outdoor display, storage, and sale of outdoor-related goods contained within a permanent structure.
      (1)   Outdoor-related goods means goods that are customarily used outdoors, including but not limited to outdoor furniture, sporting goods for outdoor sports activities, bicycles, plants, flowers, fertilizers, mulch, sod, gardening tools, lawn equipment, storage sheds, grills, snow blowers, and firewood, as determined by the Administrator but does not include the sale of automobiles.
      (2)   The designated outdoor display, storage, and/or sale area shall comply with parking requirements and setback regulations.
      (3)   The designated outdoor display, storage, and/or sale area shall not be located within any village required landscape areas.
      (4)   A site layout plan shall be submitted to the Planning Commission for review and recommendation to the Village Board prior to construction of any structure designed for permanent outdoor display, storage, and sale of outdoor-related goods. The Village Board shall determine by a majority vote of the Trustees holding office whether to grant or deny a request for a permanent outdoor display, storage or sale area.
      (5)   If applicable, building, electrical, fire prevention code, and hazardous use permits shall be obtained prior to issuance of the permit.
(Ord. 2006-09, passed 4-5-06) Penalty, see § 118.99