10.831 Outdoor Storage, Display and Sales of Merchandise; Permit Required.
(1) By permit issued under direction of the City Manager, outdoor storage, display and sales of merchandise shall be permitted on private property in all commercial zones within the city, and on public sidewalks which are adjacent to a structure normally occupied for business purposes in the C-B district.
(2) Applications for permits authorized hereunder shall be made on forms prescribed by the City Manager and shall be accompanied by a fee of $10.00 for each such permit.
(3) No permit issued hereunder shall authorize outdoor storage, display or sale of merchandise for a period longer than three (3) consecutive calendar days on public sidewalks, or ten (10) consecutive calendar days on private property. Applications shall be filed not less than fifteen (15) calendar days prior to the commencement of the planned activity.
(4) No more than a total of four (4) permits shall be issued to any applicant for the outdoor storage, display or sale of merchandise upon public sidewalks or private property at the same business location within any calendar year. The second and subsequent permits issued to any applicant within any calendar year shall not authorize commencement of outdoor storage, display and sales of merchandise unless at least fifteen (15) calendar days shall have elapsed from the termination date of the previous permit.
(5) Applicants shall verify that they are the owners of such property, a purchaser under a recorded land sale contract, or have a leasehold interest in such property, which lease shall have been in effect for a period of not less than 45 days prior to the date of the application. Sidewalk and outdoor sale merchandise shall be limited to the normal and customary inventory of the business adjacent to the location of the sale.
(6) Outdoor Sales on Private Property.
(a) Applications shall specify the private property to be utilized for the outdoor storage, display and sales of merchandise, and shall be accompanied by a scale drawing of any off-street parking facilities proposed to be utilized in connection with activity authorized hereunder, and such drawing shall depict the parking area, public streets and alleys adjacent thereto, driveways for ingress and egress, and such other pertinent information as may be required by the form prescribed by the City Manager.
(b) Outdoor storage, display and sales of merchandise conducted entirely upon privately-owned property, may include off-street parking facilities. If off-street parking facilities are to be utilized in connection with activity authorized hereunder, no more than thirty-five percent of the total area available and required by provisions of this code for off-street parking may be devoted to such use.
(7) Outdoor Sales on Public Sidewalks.
(a) A clear space of at least four (4) feet shall be maintained for pedestrian circulation along all sidewalks. Failure to maintain such clear space shall constitute a violation of Section 6.360 of the City Code and shall be grounds for revocation of sidewalk sale permit eligibility for the violating business for one calendar year from the date of violation. Building ingress and egress points shall remain unrestricted during sale hours.