(A) Outdoor displays and storage. The following outdoor display and storage shall be allowed, subject to the following conditions:
(1) Retail merchandise, provided that:
(a) Outdoor displays, sales, and storage of merchandise on sidewalks shall not impede pedestrian or vehicular traffic. At a minimum, five feet width of clear space free of obstacles shall be maintained on the sidewalk so that pedestrian or vehicular traffic is not impeded.
(b) The five-foot width shall begin at the curb, outside edge of pavement, or the inside edge of the tree, raised planter box, columns, poles, etc. if applicable; whichever is closer to the building when calculation the unobstructed pedestrian or vehicular passageway.
(c) Merchandise shall only be displayed in front of the premises occupied by the merchant. If the merchant’s place of business fronts multiple right-of-ways, then the merchandise shall be located in front of and adjacent to the front walls.
(d) Merchandise shall not be displayed in a manner that obstructs pedestrian or vehicular circulation or traffic to any entrance or exit to the premises.
(e) The display of merchandise shall not exceed eight feet in height.
(f) Seasonal outdoor sales shall not consist of inventory that a business typically sells. Seasonal outdoor sales include, but are not limited to, fireworks displays, Christmas trees, pumpkin sales, etc. Such seasonal displays shall be permitted with a zoning permit extending for a period not to exceed 45 consecutive days. Seasonal outdoor sales shall not impede vehicular or pedestrian traffic, and shall allow for a width of clear space for pedestrians of at least five feet.
(2) Twenty-pound propane tanks, provided that:
(a) The tanks are stored in a locked storage container.
(b) There is no more that one storage container per business establishment; and
(c) The storage container does not exceed 50 cubic feet in area or sic feet in height, complies with all applicable fire and safety codes, is painted a color similar to the principal building, and is located to allow at least five feet of clearance for pedestrian traffic.
(B) One-day permits. Notwithstanding provisions elsewhere in this chapter, the Planning Department may issue one-day permits free of charge for the sale of food, fresh flowers, balloons, souvenirs, or other promotional items in conjunction with any parade, procession, carnival, celebration or sales event no more than four times per year.
(C) Signage. No sidewalk signage displays shall be permitted except as authorized by the town’s sign ordinance.
(D) Placement of display merchandise. Placement of display merchandise on the sidewalk must conform to all federal, state, and local laws and regulations.
(E) Enforcement and review. See the Unified Development Ordinance.
(Ord. 2008-24, passed 11-5-2007)