§ 40-538. Open display.

(a)

Definitions. The term "open display" shall be defined as the placement of merchandise or merchandise vending machines outside the walls of any enclosed building with the intent being to entice potential customers onto the premises through the public display of such merchandise or merchandise vending machines.

(b)

Permitted uses. Open displays shall be permitted in conjunction with permitted uses in the commercial and town center districts, provided the following requirements are met:

(1)

The type of merchandise permitted in open displays shall be limited to yard and garden accessories, nursery and agricultural products, and vending machines. (This section shall not be interpreted to include supply yards, salvage yards, or other items or materials considered outdoor storage).

(2)

Open displays shall be permitted in any yard or required yard, but shall not encroach into any public rights-of-way.

(3)

Open displays shall present a neat and orderly appearance, subject to the determination of the Planning Commission.

(4)

The term "open display" shall not apply to merchandise which is placed outside temporarily for the purpose of sales and is stored inside an enclosed structure while the business is closed.

(5)

Open display shall be permitted where such display is incidental to and supportive of the principal use of the structure located on the same parcel.

(6)

Open display location must be shown on site plan at time of review and shall not encroach on any required landscaping and parking areas.

(Code 1997, § 40-715; Ord. of 2-6-2012, § 1(40-715))