§ 28-5-36. Outside Display and Sales of Merchandise Accessory to a Principal Retail Use.

(a)

Purpose. The purpose of this Section is to permit limited outside display and sales of merchandise as an accessory use to a principal retail use in a manner which minimizes adverse visual, environmental, safety and health impacts.

(b)

Minimum Size of Principal Retail Use. Accessory outside display and sales of merchandise shall not be permitted unless the principal retail use shall occupy at least five thousand (5,000) square feet of gross floor area.

(c)

Design Standards. All merchandise placed on outside display, and the outside sales of merchandise, shall be subject to the following design standards:

(1)

Such merchandise shall be placed within fenced enclosures, walled enclosures, or roofed areas, which shall be visually screened from the side and rear lot lines, and which shall not be located within any of the yards as required in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance;

(2)

Such merchandise shall be located upon areas which are surfaced and maintained with concrete, asphalt, or other durable and dust free surfaces and which are graded and drained to the satisfaction of the Code Administrator;

(3)

The space occupied by such merchandise shall not exceed an area equal to fifteen (15) percent of the area of the building occupied by the principal retail use;

(4)

When placed within a fenced or walled enclosure, the maximum height of the displayed merchandise shall not exceed the height of the fence or wall. When not placed within a fenced or walled enclosure, the maximum height of the displayed merchandise shall not exceed six (6) feet; and

(5)

No merchandise shall be placed or located so as to interfere with pedestrian or building access or egress, with required vehicular parking, aisles, access or egress, with loading space parking or access, with public or private utilities, services or drainage systems, with fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or with emergency access or egress.