§ 138-3253. Outdoor sales.

(a)

Purpose. It is intended to allow outdoors sales to accommodate material that is appropriate to be sold/leased exterior to a building.

(b)

Applicability. The provisions of this section shall apply to the permanent business establishments that engage in the sale or lease of merchandise outside of an enclosed structure. The section does not apply to the sale or lease of motor vehicles or merchandise sold under a solid roof structure with at least one exterior wall. The periodic sale of merchandise unrelated to the businesses permanently occupying the site shall follow the provisions of sections pertaining to temporary uses and structures.

(c)

Standards.

(1)

There shall be a building on the site in order to allow outdoor sales as a permanent use on the property. Outdoor sales areas may only be used by the business occupying the building.

(2)

Outside sales shall only occur in designated areas specifically approved on the site plan.

(3)

Outdoor sales shall not occur within any required side or rear yard building setback.

(4)

The site's minimum parking ratio requirement shall include the areas designated for outdoor sales. Outdoor sales areas shall be considered part of the floor area of the principal use or structure for purposes of computing the required number of parking spaces.

(5)

Contiguous outside sales areas exceeding 2,000 square feet shall be surrounded with a five foot wide landscape buffer. Breaks in landscaping may be provided to accommodate pedestrian and service access.

(6)

The following use restrictions shall apply to outdoor sales on sidewalk areas:

a.

Outdoor sales and display on a public sidewalk shall require approval from the roadway facility owner (i.e., local government or property owners association).

b.

Sidewalk retail display is prohibited at any time the use in the abutting building is not open for business.

c.

A minimum of one unobstructed pedestrian path at least five feet wide shall be maintained through the display area at all times and shall satisfy current ADA requirements.

d.

An unobstructed passage shall be provided from parking areas and public sidewalks to building entrances equal to the door width. Variances to this requirement shall not be granted.

e.

A minimum setback of at least four feet from the curb line shall be provided to maintain adequate space for pedestrian access to motor vehicles.

f.

Furniture, fixtures and equipment shall not be permanently anchored to the sidewalk nor shall they be attached or affixed to any tree, post, sign or other structure.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)