Incidental and temporary outdoor sales or displays shall be permitted in association with a permitted use in compliance with the following:
(a) Garage Sales. Garage sales, which, for the purpose of this section, shall include yard sales and similar activities, shall be permitted in any dwelling district. Any household may conduct two such sales within a twelve-month period upon the property at which such household resides. Sales shall not exceed three consecutive days unless permission is obtained from the Zoning Administrator. One additional sale may be conducted in the event there is a need to conduct a moving or estate sale.
(b) Temporary Outdoor Sales or Displays in Commerical and MUPD Districts. Temporary outdoor sales or displays shall be permitted only in compliance with this section and shall be limited to C-1, C-2, C-3, and MUPD Zoning Districts. There shall be no obstruction of required parking spaces, means of egress or walkways.
(1) Sidewalk sales shall comply with the following:
A. Sales shall consist only of those goods customarily sold within the legally occupied retail or service establishment having the sale, and shall be conducted only by the employees or owners of that establishment.
B. The location of the sales area shall be within 15 ft. Of the storefront.
C. The sales area square footage shall be limited to the business storefront width times two, except that any sidewalk sale area may be at least 32 square feet, but none may exceed 160 square feet. [Examples: a storefront width of 19 ft allows for 38 sq. ft. of sidewalk sales area, but a storefront width of 90 ft. would be limited to a 160 sq. ft. of sidewalk sales area].
D. Signs for such sales shall be limited to a total of 8 sq. ft, shall be located not further than 5 feet from the sales area, and shall be displayed only while the sale is open for business.
E. Permits shall be obtained from the Zoning Administrator. Permits shall be limited to a maximum of four in any calendar year for any business and no sale may exceed a maximum of ten consecutive days. No sidewalk sale may be operated within 21 days of another sidewalk sale at the same business site.
(2) Outdoor display of merchandise (that is, of items on sale inside) is limited to businesses with less than 800 sq. ft. of sales and/or service area and shall comply with the following:
A. Displays shall be only of tangible goods customarily sold within the establishment.
B. Such displays shall be located immediately adjacent to the associated establishment.
C. Signage for such displays is prohibited.
D. The area utilized for such displays shall not exceed 5% of the interior area devoted to sales and/or service.
E. Such displays may be in place only when the store is open for business.
F. The business owner shall obtain a permit for the display, valid for the calendar year, from the Zoning Administrator.
(3) Produce stands shall comply with the following:
A. Produce stands are prohibited except as follows:
1. When permitted under Section 1264.05(m) for nurseries and greenhouses;
2. When a conditional use certificate is issued for stands in those districts expressly allowing them as conditionally permitted;
3. On public property when specifically approved by the Mayor or City Council.
(c) Outdoor sales by nonprofit organizations shall comply with the following:
(1) The location of such sales shall be limited to the nonprofit organization's own property unless otherwise approved by the Planning Commission, or to public property with permission of the Mayor or City Council.
(2) Permits for nonprofit sales shall be limited as follows:
A. Sales of hard goods (e.g. books, antiques, furniture, clothing etc.) are permitted as follows:
1. Limited to two ten-day permits for each organization for each calendar year.
2. No parcel may be used for such sales for either more than four events, or for more than forty days in any calendar year.
B. Sales of non-hard goods (e.g. Christmas trees, pumpkins, flowers, plants, are permitted as follows:
1. Permits may not exceed 30 consecutive days.
2. Limited to two permits for each organization for each calendar year.
3. No parcel may be used for such sales for more than sixty days in any calendar year.
(3) Signs for nonprofit sales permitted under Section 1274.10(b)(3)C. above shall be limited to a total of 25 sq. ft. shall be located on the same site, and shall be displayed in accordance with the time frame for the permit.
(4) notwithstanding Sections 1274.10(b) or 1274.10(c)(1), (2) or (3) above, any retail or service establishment may, without obtaining a permit, authorize public, non-profit, or charitable organizations to conduct exterior charitable sales events, fund-raisers, or festivals for up to eight events in a calendar year, so long as each event is limited in time to no more than three days, all activities are conducted on the lot, and sufficient parking areas are available. Signage for such events shall be limited to 25 square feet.
(Ord. 14-2010. Passed 4-13-10.)