(a) No person shall display, rent, or sell any merchandise or products on any land within the Municipality except within a permanently constructed building unless a permit for a temporary outdoor sale has been issued by the Zoning Inspector. The sale of nursery stock, 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 shall be exempt when displayed or sold on a premises where such products are normally sold or stocked by a business that is compliant with all applicable zoning district regulations for that type of use.
(b) It is the intent of this section to provide for temporary outdoor sales which are clearly a temporary accessory use to the permanent business activities that are a permitted or conditionally permitted use. The following regulations shall apply to all temporary outdoor sales activities provided such outdoor sales also comply with all applicable Building, Fire, Health or Safety Codes.
(1) Temporary outdoor sales, rentals, leasing, etc., may be permitted within any commercial district upon approval of a temporary outdoor sale permit issued by the City Zoning Inspector or his designated representative. The applicant for the permit must have written permission from the property owner or lessee of the property to conduct the sale on that site and the applicant must submit a current vendor's license or transient vendor's license.
(2) Temporary outdoor sales shall include sidewalk sales, inventory reduction sales, liquidation sales and similar temporary outdoor sales, provided that each sale shall not exceed a maximum of seven consecutive calendar days per event. A total of three such sales events may be held during any year.
(3) Seasonal merchandise sales shall include 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/garden equipment and items symbolic of religious, national or traditional holidays such as Christmas trees and wreaths, pumpkins, etc., not to exceed thirty (30) consecutive days per event and not more than 180 calendar days each year.
(c) General Requirements - Temporary Outdoor Sales: The following restrictions shall apply to all temporary outdoor sales activities.
(1) 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 principal business or uses on that site. The minimum required number of off-street parking spaces shall be maintained during the duration of the sale.
(2) Delivery trucks, semi-trailers, etc., 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.
(3) Temporary outdoor sales shall not be permitted in any required front, side or rear yard setback.
(4) Temporary outdoor sales on any unpaved area shall be prohibited.
(5) Temporary outdoor sales shall not occupy any part of the public right of way, except sidewalk sales within the CBD after a temporary outdoor sale permit has been approved by the Zoning Inspector.
(6) Signage related to the sale shall be in compliance with the Sign Code for the appropriate zoning district and shall be allowed only if a temporary sign permit is approved by the Zoning Inspector.
(d) Non-conforming Uses:
(1) Allow 90 days to conform with Code.
(2) Any non-conforming outdoor sales activity established after the effective date of this section shall be declared as an illegal non-conforming use and shall be discontinued no more than twelve hours following the service of a notice of a zoning violation. A second violation within any calendar year shall constitute a misdemeanor of the fourth degree. Each day of operation in violation of this section shall constitute a separate offense.
(e) The fee for a temporary outdoor sale permit shall be ten dollars ($10.00).