(a) All outdoor storage and/or display for sale of used merchandise subject to the provisions of this Chapter shall be required to receive a conditional use permit as provided in Chapter 1189 for the activity to occur on commercially zoned property. The Planning and Zoning Commission's review of the request shall include, but not be limited to, the following considerations:
(1) Type of merchandise;
(2) Location of storage, display, and sales area on the property;
(3) Dimensions of the total outside area to be used;
(4) Size of merchandise;
(5) Signage describing merchandise;
(6) Time limits for merchandise display;
(7) Whether such property use would materially tend to depreciate the value of or prejudice the use of adjacent properties;
(8) Whether such use would tend to create a public nuisance.
(b) All commercial properties with outdoor storage and/or outdoor display for sale of used merchandise subject to the provisions of this Chapter occurring on the date of passage of this section shall have 120 days to apply for a conditional use permit.
(c) Exemptions.
(1) Seasonal storage and display for sale of agricultural products, limited to sixty days or less, with a maximum of ninety days in a given year for any person, business, or property; (i.e., pumpkins, Christmas trees, etc.) shall be exempt from the conditional use permit requirement.
(2) Storage and display for sale occurring within twenty feet of the building front, but not within the public right-of-way and limited to not more than seven days within a one calendar year period.
(Ord. 66-2012. Passed 10-11-12.)