Outside merchandise display in the HCD and PD 5 zones may be permitted subject to the following standards:
(A) Review and permit required. The Development Review Committee shall review all requests and approve, approve with conditions or deny all outdoor merchandise display permits. The Business License Officer shall issue all outdoor merchandise display permits approved by the Development Review Committee. Such permits shall be valid for one year, unless revoked.
(B) Renewal process. The Business License Officer shall renew the outdoor merchandise display permit if the outdoor merchandise display permit has been operated in compliance with this code and conditions of approval. The required insurance shall be submitted to the Business License Officer as part of the yearly renewal. If the business has not operated the outdoor merchandise display permit in compliance with this code or permit, the request shall be referred to the Development Review Committee for review and determination.
(C) The display shall be limited to a maximum of 50% of the length of the storefront. Doorways into the business shall not be blocked.
(D) Displays are limited to six feet in height.
(E) An outdoor business display shall be placed adjacent to and parallel to the subject business building. An outdoor business display shall not encroach upon the building frontage of an adjacent business.
(F) A minimum pedestrian clearance of 48 inches shall be maintained in unobstructed sidewalk area. The Development Review Committee may require more clearance based on the location of sidewalk obstructions and pedestrian traffic volumes.
(G) Displays shall not include signs or advertising materials.
(H) Applicants for an outdoor business display permit must sign an indemnification statement, holding the city harmless from any legal action resulting from placement of the display on the public sidewalk.
(I) Insurance in the amount determined by the city's Risk Manager (currently $1,000,000) shall be required, naming the city as an additional insured.
(J) An encroachment permit shall be obtained from the Department of Public Works.
(K) Displays must reflect an appropriate level of quality and design that contributes to the distinct identity of the downtown as an historic area. The displays are limited to artwork, pottery, flowers and other items that are representations of the merchandise related to the business, or other items determined by the Development Review Committee to be appropriate. Soft goods, tables with merchandise, clothing racks are prohibited.
(L) Displays must be removed at the close of each business day and must be maintained in a clean and attractive condition.
(Ord. 2002-08, § 15, 2002)