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The outdoor display of merchandise for sale by commercial businesses within the City is permitted subject to the following provisions:
(a) Outdoor display of merchandise in conjunction with operation of a licensed business establishment is permitted whenever the establishment is open for business. No additional application or license is required, except for a valid business license.
(b) Outdoor display of merchandise shall be limited to the area immediately in front of or along the sides of the business selling the merchandise, and the area shall not extend laterally beyond the store or building frontage or block access to the business or any other building/store entrance(s). The items for sale must be the same as those sold inside the store, or must be items that would typically be sold at the business. Any support structures (tables, racks, etc.) used in conjunction with outdoor display of merchandise shall be removed at the end of the business day.
(c) A minimum four (4') foot wide path of travel shall be provided and maintained within the walkway and the store entranceway, where outdoor display of merchandise will be placed, for pedestrian access to the business premises and other premises served by the walkway. Outdoor display of merchandise shall not be placed within this path of travel.
(d) Merchandise exceeding six (6') feet in height but no higher than twelve (12') feet may be displayed provided it does not cover or block more than twenty-five (25%) percent of the front or side of the retail business selling the merchandise. The display of trees for sale are not subject to any height limitation.
(e) No display of merchandise shall be allowed on public streets or within the public right-of-way on sidewalks, in designated parking areas and vehicular circulation areas, or within landscape planter areas.
(f) The use of mechanically produced sound, amplified sound or live music is prohibited in conjunction with the outdoor display of merchandise.
(g) Notwithstanding any other provision of this section, the business owner shall obtain written authorization from the property owner or their designated agent to display the merchandise outside the enclosed tenant space.
(h) Pennants, flags, banners, and other similar forms of hanging display may be displayed only in accordance with Section 9-4.2309(b) of this chapter, regarding the location and duration of display.
(i) The regulations of this section shall supersede conflicting conditions of any entitlement granted prior to the effective date, including conditions which prohibit the outdoor display of merchandise.
(j) The regulations and standards of this section shall not apply to auto dealerships and automotive service stations.
(§ 1, Ord. 1260-NS, eff. May 5, 1996)