(A) DA-01: outdoor display area standards. This outdoor display area standards division (A) applies to the following zoning districts: NC; LC; GC; CB; and HC. The intent of the outdoor display area standards is to permit the use of outdoor areas for display and sales of merchandise, but to ensure that such displays are sensitive to the character of the district and do not jeopardize the health, safety and welfare of the residents of the zoning jurisdiction of the city. The following standards apply.
(1) Project applicability. Outdoor areas that a business or organization wants to use on a regular basis for outdoor displays shall meet the outdoor display area standards section.
(2) Permits. An improvement location permit shall be required when a new outdoor display area is proposed. Once a permit is issued for an outdoor display area, a new permit is not required each time the merchandise changes. However, a new permit shall be required if the outdoor display area changes.
(3) Location.
(a) Accessibility. An outdoor display area shall not block any sidewalk, accessibility ramp or driveway.
(b) Setbacks.
(c) Proximity to primary structure. An outdoor display area shall meet at least one of the following proximity standards.
1. Every portion of an outdoor display area shall be 15 feet or less from the front facade of the primary structure.
2. Every portion of an outdoor display area shall be 40 feet or less from a side facade of the primary structure.
3. An outdoor display area shall meet the screen requirements in division (A)(5) below.
(4) Size.
(a) Maximum area. The cumulative area of all outdoor display areas shall not exceed 15% of the footprint of the primary structure or tenant space to which the outdoor display area is associated.
(b) Maximum height.
1. When products are displayed within an enclosed temporary structure, the enclosed temporary structure shall not exceed 15 feet in height.
2. Products displayed outside shall not exceed 12 feet in height when located under a canopy or in a sales yard, otherwise all other outdoor display areas shall not exceed six feet.
(5) Screening. When an outdoor display area is more than 15 feet from the front facade of the primary structure or more than 40 feet from a side facade of the primary structure, at least one of the following screening mechanisms shall be installed.
(a) Ornate fence. An ornate fence that is four feet to eight feet in height integrated into the design of the primary structure.
(b) Landscaping. A five-foot wide landscape buffer that consists of one tree and one shrub for every ten feet of perimeter around the outdoor display area. The trees and shrubs shall be permanently planted and may be arranged creatively for aesthetic purposes, but shall reasonably screen the outdoor display area.
(Ord. 10-2010, passed - -2010, § 5.55)
(B) DA-02: outdoor commercial outdoor display area standards. This outdoor display area standards division (B) applies to the following zoning district: OC. The intent of the outdoor display area standards is to permit the use of outdoor areas for display and sales of merchandise, but to ensure that such displays are sensitive to the character of the district and do not jeopardize the health, safety and welfare of the residents of the zoning jurisdiction of the city. The following standards apply.
(1) Project applicability. Outdoor areas that a business or organization wants to use on a regular basis for outdoor displays shall meet the outdoor display area standards section.
(2) Permits. An improvement location permit shall be required when a new outdoor display area is proposed. Once a permit is issued for an outdoor display area, a new permit is not required each time the merchandise changes. However, a new permit shall be required if the outdoor display area changes.
(3) Location.
(a) Accessibility. An outdoor display area shall not block any sidewalk, accessibility ramp or driveway.
(b) Setbacks.
1. Front yard. An outdoor display area shall be setback at least five feet from the front property line, sidewalk or street surface, whichever results in a greater setback.
2. Side and rear yards. An outdoor display area shall be setback at least ten feet from the side and rear property line.
(c) Proximity to primary structure. An outdoor display area does not need to be within a specified proximity to a primary structure.
(4) Size.
(a) Maximum area. The cumulative area of all outdoor display areas may cover up to 70% of the lot.
(b) Maximum height. Products displayed outside shall not exceed 14 feet in height when located on an asphalt or concrete surface, or on a physical display (e.g., an apparatus used to display a vehicle or other merchandise).
(5) Screening. Not required.
(6) Restricted surfaces. Outdoor display of merchandise shall not occur within a right-of-way, on grass, on gravel or on any other unimproved surface. Additionally, driving aisles and customer parking areas shall not be impeded or used for the display of merchandise.
(7) Orderliness. Merchandise displayed outdoors shall be arranged and maintained in an orderly fashion as to look professional and organized. Disorderly arrangements and placement shall be considered eyesores and blight, and considered a violation of these standards.
(Ord. 10-2010, passed - -2010, § 5.56)