18-19.020 Outdoor Sales on Commercial and Residential Lots.
a. Sales of Christmas Trees and Other Agricultural Products. Upon written approval by the Director, premises within nonresidential zones may be used for the sale of Christmas trees, pumpkins, flowers or seasonal produce, subject to the following requirements and any other conditions that the Director deems necessary to improve land use compatibility and/or assure the public’s health and safety.
1. Sales shall be limited to Christmas trees, pumpkins or seasonal produce and related accessory items only, as specified in the letter of approval.
2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26th. The duration of pumpkin and seasonal produce sales shall be subject to Director approval.
3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, other temporary structures and signage shall be kept behind a ten (10') foot setback from all street rights-of-way and they shall be removed within ten (10) days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers.
4. A camper or trailer for overnight security may be parked on site, subject to the approval of the Building Official, for the duration of the permit, if kept more than ten (10') feet back from the street right-of-way.
5. A sign permit shall be obtained for any proposed signage. Maximum sign area shall not exceed thirty-two (32) square feet. No bunting strips, banners, flags, whirligigs or other attention-getting devices shall be displayed on site without Director approval.
6. When the use is temporary or intermittent, the applicant may be required to post a refundable deposit, set by the Director to assure site clean-up, if necessary. Deposit shall be in the form of a cashier’s check to the City and shall be made prior to occupying the site.
7. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, subject to approval by the Fire Chief.
8. Any Christmas trees sold for use in public facilities shall be flame proofed with a State Fire Marshal approved material by a State licensed application.
9. Applicant shall obtain a City business tax certificate. A copy of the Director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.
10. The applicant shall secure a building permit for any structure requiring a permit associated with the use. The plan shall include a site plan that shows the proposed vehicular circulation pattern, parking layout and location of structures. Plans shall also demonstrate compliance with Title 24 requirements for disabled accessibility.
11. The use shall comply with all requirements of the County Environmental Health Department.
12. Restroom facilities shall be provided either on site or on a nearby property, subject to approval of the Chief Building Official.
13. No sales or display shall take place in the public right-of-way.
14. Upon written receipt of complaints from the public or the Police Department, the Director’s approval may be scheduled for administrative hearing review. At the public hearing, the Hearing Officer may add, delete or modify conditions of approval or may revoke the approval.
b. Other Outdoor Sales. Outdoor sales of nonagricultural products, such as food carts, barbecues and swap meets, shall be limited to the types of retail sales allowed in the location’s zone. “Outdoor sales” may be temporary, intermittent or permanent. “Outdoor sales” do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles and building or landscape materials. (See also Articles 5-16, Solicitors and Peddlers, and 5-48, Sales on Streets and Sidewalks.)
1. Other outdoor sales require approval of an administrative use permit, except in cases where the Director determines a Planning Commission use permit would be more appropriate. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening and other development standards usually related to buildings shall be established by use permit approval.
c. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of four (4) times within a twelve (12) month period subject to the following requirements:
1. Each garage or yard sale may not exceed three (3) consecutive days.
2. Each unit within multifamily or condominium projects and common interest subdivisions may have up to four (4) garage/yard sales in approved common areas with the permission of the homeowner’s association for sales within common areas, property owner or property manager.
3. Items shall consist of normally accumulated household items (clothing, furniture, etc.).
4. One on-site sign not to exceed four (4) square feet shall be permitted during the sale. No other signs are permitted in the area and no signs may be displayed in the public right-of-way. On-site signs shall be consistent with applicable sign regulations.
5. Garage/yard sales are not permitted on vacant lots. (Ord. #248-2020, S2 (Exh. A))