(a) All new retail and wholesale permanent commercial businesses where items are sold shall be conducted within a completely enclosed building unless otherwise provided for by the regulations of this chapter.
(b) No merchandise shall be sold, displayed or advertised within the public right-of-way.
(c) No merchandise shall be sold, displayed or advertised in such a way that it creates a public hazard or encroaches on a required building exit or pedestrian access ways.
(d) The merchandise to be sold or displayed shall be of the same type that is regularly displayed and sold as part of the primary business.
(e) All existing retail and wholesale commercial businesses which have outdoor sales and displays which do not conform with the provisions of this chapter shall be removed or altered in conformance with these regulations within thirty days of the effective date of the ordinance codified in this chapter.
(f) New retail and wholesale permanent commercial outdoor sales and display activities may be permitted to operate outdoors within their respective zoning districts subject to the issuance of a department review permit by the Planning Commission.
(g) Existing retail and wholesale permanent commercial outdoor sales and display activities which conform to the provisions of this chapter may continue to operate outdoor sales and displays.
(h) Permanent retail and wholesale commercial outdoor sales and display are permitted as follows:
(1) Automobile, boat, trailer, camper, and motorcycle sales and rentals;
(2) Building materials (such as lumber, concrete block, bagged cement, and other building materials typically found within building materials sales yards), supplies and small construction equipment sales and rentals;
(3) Construction equipment sales and rentals;
(4) Fruit and vegetable stands;
(5) Horticultural nurseries;
(6) Gasoline pumps, oil racks, and accessory items when located on pump islands;
(7) Outdoor recreational uses (such as miniature golf courses, radio controlled hobbies, etc.);
(i) The following uses may be permitted to operate outdoor displays when associated with a business which is primarily conducted within an enclosed building:
(1) Florist shops;
(2) Lawnmower shops; and
(3) Tire shops;
(j) Other activities and uses similar to those permitted uses listed above, where the outdoor sales and/or display is related to the permanent business which is primarily conducted within associated enclosed buildings. The Planning Commission shall make the following findings before approving any other activities of similar use:
(1) The operation of the requested use at the location proposed will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare;
(2) The proposed site is adequate in size and shape to accommodate the use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
(3) The proposed site is adequately served by streets or highways having sufficient width and improvement to accommodate the kind and quantity of traffic that the use will or could reasonably be expected to generate; and
(4) Adequate parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternative locations as approved by the Planning Commission;
(k) Vending machines, including weigh scales, when accessory to a business conducted within a building. (Ord. 12464/13. Passed 3-27-13.)