§ 122-282. Outdoor sales and storage.

(a)

Several types of uses allowed by right or special exception within the city typically and traditionally involve outdoor sales or storage. It is necessary that uses involving outdoor sales or storage be sufficiently controlled to ensure that they do not become nuisances or aesthetic problems. Uses involving outdoor sales or storage must be regulated to mitigate the potential negative impacts of the visual appearance of the site.

(b)

Any use which consists in whole or in part of sales, services, storage, preparation or repair, or displaying of merchandise must be in a completely enclosed building, except as follows:

(1)

Temporary uses. The following uses may display or sell merchandise outdoors subject to the following limitations:

Temporary uses	Maximum time limit per site and other required conditions (all are cumulative and not alternatives)	Permitted districts
Temporary outdoor sales as accessory use (including some used merchandise as defined in subsection 122-283(a)(3))	During the hours of operation of the business, up to a maximum of 12 hours	B-4, B-5, SC and M-2
Mobile vendors displaying and selling Christmas trees, pumpkins and fireworks	No limit	FBC, B-2, SC, B-4, B-5, M-1 and M-2
Mobile vendors displaying and selling food or beverages	No limit	B-4, B-5, M-1, M-2, GU, SC, and FBC
Mobile vendors displaying and selling any merchandise other than the above	No limit	B-5
Automobile, boat and RV shows	No limit	GU and FBC
Carnivals, circuses and other public exhibitions, where a carnival company is providing rides and amusements	4 nights and 5 days	Special exception in A-1, B-4, B-5 and INST
Carnivals, bazaars, cookouts and other fundraising events sponsored by a nonprofit organization, where there is no carnival company involved	No limit	B-2, B-2A, SC, B-4, B-5, M-1 and M-2, and on church and school grounds
Farmer's market	No limit	FBC
Art	During hours of business operation	FBC, in conjunction with retail store with a primary business of the sale of art
Religious revivals or assemblies	Two weeks	B-4 and B-5, and on church grounds
Donation boxes	See section 122-1223	B-2, B-4 and B-5 (See section 122-1223)

 

(2)

Other outdoor sale uses.

a.

Automobile sales, new or used, automobile rental, and automobile specialty sales, new or used are permitted uses in the B-3C, B-4, and B-5 zoning districts and as a special exception in the B-3A zoning district.

b.

Truck rentals and sales are a permitted use in the B-5 and M-2 zoning districts and as a special exception in the B-4 and M-1 zoning districts.

c.

Outdoor sales of swimming pools, spas and hot tubs are a special exception in the B-4 zoning district and subject to the criteria outlined in section 122-1206.

d.

Boat sales, new and limited to 26 feet in length are a special exception in the B-4 zoning district; boat sales, used and limited to 26 feet in length, are permitted in the B-4 zoning district only in conjunction with new boat sales and subject to the criteria outlined in section 122-1205.

e.

Outdoor sales of home garden/hobby farm equipment in the B-4 zoning district subject to the requirements of section 122-1220.

f.

Outdoor sales and display for garden and nursery sales are subject to the requirements of section 122-1212.

g.

Construction/farm equipment sales are a special exception in the M-1 district and subject to the criteria of section 122-1205.

(3)

Outdoor sales in B-5 district. The following uses are allowed outdoor sales in the B-5 zoning district, subject to the criteria outlined in section 122-1205: boat sales, building materials sales, construction/farm equipment sales, farmers' market, flea market, manufactured/mobile home sales, recreational vehicle sales, satellite dish and antenna sales, and swimming pool, spa and hot tub sales.

(4)

Outdoor storage in B-5 district. Outdoor storage is a permitted accessory use in the B-5 zoning district, subject to the following criteria:

a.

Outdoor storage shall be set back a minimum of 25 feet from the right-of-way and ten feet from abutting properties.

b.

The outdoor storage area shall not be located in a required buffer as outlined in section 122-260.

c.

The outdoor storage shall be located in the side or rear yard. Corner lots shall locate the outdoor storage area in the rear yard (see definitions of side and rear yards in section 122-2).

d.

The outdoor storage area shall not be part of the required off-street parking area or open space requirements of the site plan.

e.

Reserved.

f.

All outdoor storage visible from public view shall be screened by a wall or berm. The wall (see subsection 122-260(f)) shall be six feet in height in combination with a ten-foot minimum landscaped area on the outer side of the wall. The berm shall be six feet in height and have 3:1 side slopes (25 linear feet in depth) in combination with landscaping on the outer side of the berm. Landscaping shall include hedges and small trees as specified in subsections 122-260(e)(3), (4) and (5). In lieu of a wall or berm, the applicant can petition the building official and planning director to approve a six-foot privacy fence (wood/100 percent opacity) in combination with a 25-foot minimum landscaped buffer area on the outer side of the fence. In addition to the hedges and small trees specified in subsections 122-260(c)(3), (4) and (5), the landscaped buffer area shall include a second row of small trees, offset from the first row, every 25 linear feet. The landscaping must be 100 percent irrigated and maintained.

g.

Outdoor storage shall not exceed 15 feet in height above the ground surface; however, the building official may approve additional height if the applicant submits a plan showing how it will be screened from public view.

h.

The B-5 outdoor storage criteria shall apply to all new uses with outdoor storage, any change of use when the new use is one that has outdoor storage, expansion of an existing use to include outdoor storage, and expansion of an existing area used for outdoor storage.

i.

The outdoor storage area shall be located and its proposed use identified on the site plan for approval by the city's building official.

(5)

Outdoor storage in B-4 district. Outdoor storage may be allowed as an accessory use in the B-4 district subject to design criteria identified in this section. The process to obtain outdoor storage requires a public hearing by with the planning and zoning commission. The planning and zoning commission shall approve or deny the outdoor storage, subject to the criteria identified in this section and any conditions and safeguards deemed appropriate.

a.

The applicant shall submit a site plan showing the location, size and proposed use of the outdoor storage area. The site plan shall also conform to the following criteria:

1.

The outdoor storage area shall not exceed 20 percent of a site with a maximum of 10,000 square feet.

2.

The outdoor storage area shall be set back a minimum of 25 feet from the right-of-way and ten feet from abutting properties.

3.

The outdoor storage area shall not be located in a required buffer as outlined in section 122-260.

4.

The outdoor storage area shall be located in the rear yard.

5.

The outdoor storage area shall not be part of the required off-street parking area or open space requirements of the site plan.

6.

All outdoor storage visible from public view shall be screened by a wall or cementitious material fence. The wall or fence (see subsection 122-260(f)) shall be six feet in height in combination with a ten-foot minimum landscaped area on the outer side of the wall or fence. Landscaping shall include hedges and small trees as specified in subsections 122-260(e)(3), (4) and (5).

7.

The outdoor storage shall not exceed ten feet in height above the ground surface; however, during the public hearing process additional height can be approved if the applicant submits a plan showing how it will be screened from public view.

b.

The B-4 outdoor storage requirements shall apply to all new uses with outdoor storage, any change of use when the new use is one that has outdoor storage, expansion of an existing use to include outdoor storage, and expansion of an existing area used for outdoor storage.

c.

Outdoor storage shall only be allowed on individual business (single tenant) properties.

d.

Outdoor storage on properties approved as shopping centers pursuant to article V, division 29 of this chapter shall be controlled by that section.

(Code 1961, ch. 22; Code 1985, § 7-1116(b), (c); Ord. No. 1885, § 2, 12-2-86; Ord. No. 2275, § 80, 5-5-92; Ord. No. 2419, § 10, 11-2-93; Ord. No. 2428, § 4, 12-7-93; Ord. No. 2453, § 3, 5-10-94; Ord. No. 2547, § 5, 8-15-95; Ord. No. 2630, § 5, 7-23-96; Ord. No. 2608, §§ 7, 8, 6-11-96; Ord. No. 2649, § 3, 9-27-96; Ord. No. 2718, § 1, 4-15-97; Ord. No. 2872, § 2, 8-11-98; Ord. No. 2887, § 1, 9-22-98; Ord. No. 4073, § 11, 8-21-01; Ord. No. 5125, § 3, 1-20-03; Ord. No. 5179, § 3, 7-8-03; Ord. No. 5182, § 1, 8-5-03; Ord. No. 2010-29, § 2, 2-16-10; Ord. No. 2014-45, § 2, 8-19-14; Ord. No. 2015-15, § 1, 3-17-15; Ord. No. 2017-31, § 1, 2-21-17; Ord. No. 2018-42, § 28, 9-25-18)