Chapter 12-43 — OUTDOOR DISPLAY OF MERCHANDISE

Section 12-43.01. Outdoor storage and outdoor display of merchandise prohibited: Exceptions.

The outdoor storage and outdoor display of merchandise for sale by a business establishment is prohibited in all zoning districts in the City except for:

(a) Approved vehicle and trailer sales or rental;
(b) Heavy equipment and heavy machinery sales and rental;
(c) Newspaper stands or vending machines;
(d) Displays specifically permitted by state law or other sections of this chapter;
(e) Flowers, nursery plants and cut flowers when displayed in a manner and location approved by the Community Development Department or at a certified farmers' market or legal nonconforming swap meet;
(f) Lumber and building material yards with a conditional use permit;
(g) Tire sales facilities may display one tire rack within 10 feet of the building, provided the rack is stored inside the building when the business is closed;
(h) Temporary outdoor display permitted under Section 12-35.301 of this Code, including:
- (1) Christmas trees,
- (2) Garage sales,
- (3) Fireworks sales,
- (4) Temporary display and sale in connection with an established business,
- (5) Pumpkins,
- (6) Produce in connection with a Community Event, or conducted in association with a certified farmers' market operation or a legal nonconforming swap meet as provided in Section 1235.302(a )(16).

(Ord. 85-1109 § 1 (8), eff. 1/2/86; Ord. 90-1 § 2, eff. 3/8/90; Ord. 2005-04, eff. 5/19/05; Ord. 2009-04, eff. 1/20/09; Ord. 2009-06, eff. 3/19/09; Ord. 2017-05, eff. 6/1/17)

Section 12-43.02. Outdoor display of merchandise prohibited. ¶

The outdoor display of merchandise by a business establishment is prohibited in all zones, notwithstanding the exceptions codified in subsections (a) through (h) of Section 12-43.01 of this title in the following areas:

(a) Areas set aside, required, designated or marked for vehicular parking, drive isles, driveways and emergency alleys, except as permitted under Section 12-35.301 and as approved by the Community Development Department;
(b) Public sidewalks, landscaped areas or parkways;
(c) Designated or required landscape areas on private property; or
(d) Private sidewalks so as to either create a safety hazard or to block the reasonable flow of pedestrian traffic or handicapped access.
(Ord. 85-1109 § 1 (8), eff. 1/2/86; Ord. 2005-04, eff. 5/19/05)

Section 12-43.03. Nonconforming uses inapplicable. ¶

Chapter 12-31 regarding nonconforming uses, structures, lots and parking is inapplicable to this chapter.

(Ord. 85-85 § 1 (8) part), eff. 1/2/86)

Section 12-43.04. Violation is an infraction. ¶

The violation of this section is an infraction as set forth in Section 1-6.01 of this Code. (Ord. 85-1109 § 1 (8), eff. 1/2/86)