(A) No person shall display, rent or sell any merchandise or products on any private lot or lands within the city, except within a permanently constructed building unless a permit for a temporary outdoor sale has been issued by the Zoning Officer or without a permit if the display, storage and sale of such merchandise or products is exempted as herein described. It is the intent and purpose of this chapter to allow for the reasonable display and duration of display of commercially available merchandise, to prohibit the infringement of business activity in established residential areas, to regulate term and frequency of sales so as to maintain attractive business districts and residential neighborhoods and to allow for the occasional sale of household goods and personal items.
(B) The display and sale of nursery stock, plants, fruits and vegetables or any other merchandise not normally stored or offered for sale in a building such as firewood, straw, mulch, top soil, yard care equipment, car care products, vending machines or any other merchandise not fit or safe for indoor storage or the sale, rental or leasing of new or used autos, boats, recreational vehicles and equipment, trucks and agricultural or construction equipment and the dispensing of motor fuels and motor vehicle products shall be an exempt business activity in commercial or industrial zoning districts when display, rent or sale of such products is part of a normal business activity and the business is compliant with all applicable zoning district regulations for the type of use.
(C) It is the intent of this section to provide for temporary outdoor sales without a permit which are clearly a temporary accessory use to a permitted or conditionally permitted permanent business activity provided such outdoor sales do not conflict with other applicable codes. Specific uses herein described shall be allowed without a permit or by separately established City Council ordinance permitting such use. The following regulations shall apply to all temporary outdoor business sales activities located in commercial or industrial zoning districts.
(1) Temporary outdoor sales, rentals, leasing and special sales events/or merchandise normally offered for sale indoors shall not be subject to the requirements of this chapter and may be permitted allowed within any commercial or industrial district without a permit for a maximum of seven events per year with each event no longer than four days in duration. Temporary outdoor sales shall include sidewalk sales, inventory reduction sales, liquidation sales and similar temporary outdoor sales of merchandise normally offered for sale indoors. Permits may be issued for more events or events longer in duration upon approval of a temporary outdoor sale permit issued by the Zoning Officer and upon forms available at the office of the City Manager. The fee for such permit shall be established by separate City Council ordinance.
(2) Transient vendor or peddler permits issued pursuant to Chapter 113 shall not be subject to the requirements of this subchapter and may be issued in addition to this chapter.
(3) Use of public sidewalks, subject to § 91.05(B), for the display and sale of merchandise of adjacent business uses and where merchandise is only displayed during normal operating business hours shall not be subject to the requirements of this chapter.
(4) Seasonal merchandise sales, including items such as vegetable plants or flowers, fertilizer, mulch, peat moss and similar landscape products; lawn and garden equipment, such as mowers, snow blowers, wheel barrows and other large lawn and garden equipment; and items symbolic of religious, national or traditional holidays such as Christmas trees and wreaths, pumpkins and the like shall not be subject to the requirements of this chapter.
(5) Outdoor display and sale of merchandise associated with an exhibition and special event permit issued pursuant to § 94.01 such as Parade of the Hills, Nelsonville Music Festival, Final Fridays on the Square and the Ohio Smoked Meat Festival shall not be subject to the requirements of this chapter.
(6) Outdoor display and sale of merchandise on the premises of a business use shall not be subject to the requirements of this chapter if the items displayed are returned indoors at the close of each business day.
(7) Canopies, stands, tents or similar temporary structures may be utilized, provided they do not impair access to the site by emergency vehicles or the safe and efficient movement of vehicle or pedestrian traffic entering or exiting the site. Such tents or other temporary structures shall not occupy any parking spaces required for the minimum requirements of the principal uses on the site. The minimum required number of off-street parking spaces shall be maintained during the duration of the sale.
(8) Temporary outdoor sales shall not be permitted in any required front, side or rear yard setback.
(9) Delivery trucks, semi-trailers and the like storing merchandise or products may not be parked in any required front, side or rear yard setback, and shall not occupy any required off-street parking spaces.
(10) Temporary outdoor sales shall not occupy any part of the public right-of-way, except sidewalk sales as otherwise permitted by this chapter.
(11) Signage related to the sale shall be in compliance with § 153.130 for the appropriate zoning district where the property is located. Use of the adjacent public right-of-way shall be allowed so long as the signage does not endanger public safety, adversely distract vehicle drivers’ attention, encroach upon the driving surface of the adjacent street or highway, obstruct vision for traffic safety or otherwise constitute a public nuisance.
(D) It is the intent of this section to provide for temporary outdoor or indoor sales of personal and household items of a resident of a premises in a residential zoning district provided such sale does not conflict with other applicable codes. Activity and events herein described shall be allowed without permit or by separately established ordinances permitting other specific uses. The following regulations shall apply to all temporary outdoor or indoor residential garage sales, porch sales, patio sales, yard sales, lawn sales or similar sales.
(1) Not more than four sales shall be permitted in any calendar year, shall be no more than three days in duration.
(2) Sales shall not commence prior to 8:00 a.m. and shall occur thereafter during daylight hours only.
(3) Signage related to the sale shall be in compliance with § 153.130 for the appropriate zoning district where the property is located. Signs advertising the sale shall be permitted on the premises or on the public right-of-way adjacent to the property so long as the signage does not endanger public safety, adversely distract vehicle drivers’ attention, encroach upon the driving surface of the adjacent street or highway, obstruct vision for traffic safety or otherwise constitute a public nuisance. Signs shall not be posted off-site on utility poles, public utilities such as traffic control panels or on private property except with the permission of the property owner. Signs shall be removed no longer than 24 hours after the conclusion of the event.
(4) Sale merchandise is limited to household and personal items and shall not include separately obtained or purchased items or merchandise where the sale of such items would constitute a business activity or otherwise constitute a business use required to be located in a commercial or industrial zoning district.
(Prior Code, § 27.05.14) Penalty, see § 153.999