Chapter 4 Generally Applicable Development Standards Part 4 Accessory Uses and Miscellaneous Standards Page5 of 5

4.4.8 OUTDOOR SALES, DISPLAYS AND STORAGE

The intent of this Section is to provide for the appropriate location and design of outdoor sales, display and storage areas and to mitigate any adverse impacts that such uses may have on adjacent properties and rights-of-way.

Definitions.

Outdoor Sales and Display is the placement of any items(s) outside a building in a nonresidential zoning district for the purpose of sale, rent or exhibit. (This shall not include outdoor dining and seating areas associated with a restaurant.)

Outdoor Storage is the keeping or stockpiling of any item(s) outside a building in a non-residential zoning district that is not directly accessible by the general public for more than twenty-four hours. The placement of moveable containers, including semi trailers and containerized freight boxes, for the purpose of storage of inventory on a temporary basis (not to exceed two months in any calendar year) shall be considered outdoor storage.

Screened from View shall mean either visually continuous plantings, a solid fence, wall or earth mound, or a combination of such elements that provide a barrier with an average height of one foot above the material being screened, except that said screening shall not be required to exceed eight feet in height. All screening material shall meet the criteria stated in Chapter 10 of the Land Development Code in terms of quality and design.
Outdoor sales, display and storage shall be permitted in the C-1, C-2, C-M, EZ-1, M-2, M-3, PD and PEC zoning districts only when the requirements of this Section are met.
Outdoor sales, display and storage shall be permitted in the C-1, C-2 and C-M zoning districts as well as commercial uses permitted within the PDD, M-2, M-3, EZ-1, and PEC zoning districts only when the following standards are met.
1. Outdoor Sales and Display Standards:
  1. Outdoor sales and display may be permitted within an area not greater than 800 square feet or 10% of the ground floor area of the building, whichever is greater, and shall be located at least 25 feet from any residentially used or zoned property.
  2. When outdoor sales and display occurs within 25 feet of a public right-of-way, item(s) shall not exceed 5 feet in height and shall be screened from view from the public right-of-way.
  3. Stacked items located less than 50 feet from a public right-of-way shall not exceed 5 feet in height. Any material within 3 feet of any building entry shall not exceed 3.5 feet in height. (see illustration, below)
  4. Vending and ice machines shall be permitted outside of the building when located against and parallel to the building facade. These items shall count towards the total outdoor sales and display area permitted by this Section. Vending machines shall include newspaper, beverage, food, or snack dispensers. Public telephones and mailboxes are excluded from this regulation.
  5. Outdoor sales and display of items shall be located on a “hard and durable” surface as defined by Metro Public Works Standards.
2. Outdoor Storage Standards:
  1. Outdoor storage may be permitted in areas that are designated for employees only and made inaccessible to the general public by means of a fence, wall or other permanent, secured enclosure or in areas that are set back a distance of not less than 50 feet from any public building entry, parking lot, pedestrian facility or similar publicly used area.
  2. Outdoor storage shall not occur within 25 feet of any public right-of-way.
  3. Outdoor storage shall be screened from view from any abutting property.
  4. Moveable storage containers including semi trailers and containerized freight boxes, for the purpose of storage of inventory on a temporary basis, shall meet the following requirements in addition to the other provisions of this Section:
    1. Containers shall be allowed on the site only in accordance with a permit issued by the building permit issuing authority. A copy of the permit shall be kept on the site and shall be available for inspection.
    2. The use of containers on the site shall be allowed for no more than two months in any 12- month period.
  5. Outdoor storage of new or used tires shall meet the following standards:
    1. Tires shall be stored in compliance with applicable public health regulations.
    2. Outdoor tire storage shall not occupy an area greater than 300 square feet, unless a conditional use permit (4.2.44) has been granted.
    3. Tires stored outside shall be neatly stacked; no stack shall be higher than 8 feet.
  6. All items stored outside shall be placed on a “hard and durable” surface as defined by Metro Public Works Standards.
The following uses are exempt from the requirements set forth in (C) of this Section as follows:
1. Areas designated for the outdoor sale, display or storage of plant material including live plants, fruits and vegetables and seasonal holiday related plant materials such as Christmas trees and pumpkins. This exemption does not include rock, mulch, pavers, landscape timbers and similar building materials.
2. Sale, display or storage areas for either automobile, boat and similar passenger or recreational vehicles or truck/trailer rentals which have met applicable vehicular use area screening and buffering requirements as set forth in Chapter 10 of the Land Development Code.
3. Retail operations that occur under a permanent canopy structure.
NOTE: The 4-foot unobstructed path complies with current ADA standards.

The following standards shall apply to all outdoor sales, display and storage.
1. Any area proposed to be used for outdoor sales, display or storage in accordance with this Section shall be accurately delineated on the applicable development plan.
2. No outdoor sales, display or storage shall be allowed in areas set aside, required, or designated for driving aisles, driveways, maneuvering areas, emergency access ways or vehicular parking necessary to meet the minimum number of off-street parking spaces as specified in this section and in Chapter 9 of the Land Development Code.
3. Outdoor sales, display or storage items, including newspaper boxes, may be located on sidewalks in the public right-of-way only if permitted by the Director of Works. Such items shall be permitted on privately owned walks or other areas intended for pedestrian movement provided an unobstructed, continuous path with a four foot minimum width is maintained. Materials located at the edge of a pedestrian way adjacent to a driving aisle shall not extend along that edge a distance for more than ten feet without providing a break of not less than three feet in width to allow for access on to the pedestrian way.
4. Items for outdoor sale, display or storage shall be screened from view from any abutting residentially zoned or used property. A property shall not be considered residentially used if the first floor is occupied by a nonresidential use or uses.
5. No outdoor sales, storage or display areas shall be located in the sight distance triangle as defined in Chapter 5 Part 1 of the Land Development Code or located in any manner that would restrict or limit adequate sight distances for interior vehicular traffic movement as determined by the Works Department.
6. One additional parking space shall be required for each 500 square feet of outdoor sales and display area unless more specific parking requirements are provided in Chapter 9 Part 1 of the Land Development Code.
7. Any product located outdoors in a manner constituting a sign as defined in Chapter 1 of the Land Development Code must conform to the requirements set forth in Chapter 8.
8. No outdoor sales, display or storage shall be allowed within 30 feet of the right-of-way of any designated Parkway, Olmsted Parkway or Scenic Corridor or within any required parkway or scenic corridor buffer area.
9. Uses conducting outdoor sales, display, or storage in a manner not permitted by this Section may be cited in accordance with Chapter 11 (Enforcement) of the Land Development Code. If a use is cited for non-compliance and said use desires to continue outdoor sales, display or storage activities in compliance with the requirements of this Section, then a site plan showing areas in which outdoor sales, display or storage will be conducted on the site in accordance with this Section shall be required. The site plan shall be drawn to scale and shall indicate portions of the lot beyond which outdoor sales, display and storage shall not be conducted, and shall indicate the locations of permanent structures and other features to allow ready determination of adherence to the site plan. After the plan has received approval by the Planning Commission staff, the site plan shall be maintained at the business location and shall be available for review at time of inspection.
10. When the requirements of this Section differ from other provisions of the Land Development Code, the more stringent standard(s) shall apply.

4.4.9 REFUSE DISPOSAL CONTAINERS

No refuse container shall be located in any required vehicular use area, or in any required buffer or landscape area.
When located on a non-residentially used parcel adjoining a residential use, refuse containers shall be opaquely screened from view from public streets and adjacent properties to a height of at least 6 feet, or 6 inches higher than the height of the container (whichever is higher). This screening may be achieved by walls, landscaping or buffer yards, or by virtue of the location of the container on the building site.

4.4.10 SWIMMING POOLS

A private swimming pool shall not be constructed in any required front, street side, or side yard.
Private swimming pools, as well as any building or structures which accompany the pool (pool house, deck, etc.), must conform to all setback and area requirements as stated in the Accessory Uses section of the appropriate form district.
A private in-ground or above-ground swimming pool may be constructed in a required rear yard in excess of the maximum coverage as specified in the appropriate form district, provided such pool shall be no closer than five feet to any property line.
Private swimming pools in any location shall be enclosed by a continuous barrier such as a building wall or by a fence at least 48 inches in height, with a self-latching gate. Above ground pools with a vertical barrier of at least 48 inches that are made inaccessible by removal of the ladder or similar measure are allowed without a fence.
Any buildings or structures in conjunction with a pool shall be classified as accessory buildings unless they are Part of the main building.

4.4.11 Portable Storage Devices

Portable storage devices (or containers) shall be allowed on residentially zoned or used property for a period of time not exceeding 30 days or 7 days beyond the final inspection related to a permitted renovation or alteration activity, whichever is longer.