9-7-6: EXEMPTIONS:
The following outdoor displays of merchandise shall be exempt from the provisions of this chapter:
A. Dining: Outdoor dining (when in compliance with the town's development code).
B. Vendor Carts: Vendor carts, when in compliance with section 9-1-19-49A, "Policy 49 (Absolute) Vendor Carts," of this title.
C. Bicycles, Canoes, Kayaks, Paddleboards ("Oversized Outdoor Equipment"): Oversized outdoor equipment for sale or rent may be displayed outdoors subject to a permit under the following conditions:
1. The person desiring to display oversized outdoor equipment shall obtain a Class D minor development permit prior to any such display. The application for such permit shall include a site plan indicating where the oversized outdoor equipment to be displayed and where existing, approved and/or required landscaping is located or is to be located. If the applicant for the permit is not the owner of the property on which oversized outdoor equipment is to be displayed, the written consent of the property owner to the proposed application shall be submitted concurrently with the application.
2. The outdoor display of oversized outdoor equipment shall be confined to the private property of the business which is offering it for sale or rental.
3. No oversized outdoor equipment shall be hung from or on any exterior portion of a building or structure; provided, that oversized outdoor equipment may be so hung for storage purposes only if the applicant lacks sufficient space to otherwise store the oversized outdoor equipment and then only if the community development director makes the following findings and incorporates such findings into the development permit as conditions:
a. The hanging of oversized outdoor equipment will be for storage purposes only and will not be used as signage or as an attention getting device.
b. The hanging of oversized outdoor equipment will not destroy any historic structure or significantly alter the historic character of a structure.
c. The hanging of oversized outdoor equipment will not hide a historic structure or significantly alter the historic character of a structure.
d. No rack for the hanging of oversized outdoor equipment will be mounted on a façade of a building which faces a street (not including an alley).
e. Oversized outdoor equipment will be hung so as not to constitute a safety hazard for pedestrians.
f. The oversized outdoor equipment to be hung will be screened in a manner appropriate for the location.
D. Residential Garage Sales: Residential garage sales not held more frequently than three (3) days in any one calendar quarter at the same residence. No permit shall be required.
E. Seasonal Plants: Nonartificial seasonal plants, including Christmas trees, may be displayed and sold outdoors on a temporary basis. A Class D minor development permit shall be required.
F. Special Event: A special event for which a license has been issued pursuant to title 4, chapter 2 of this code.
G. Newspaper Racks: Newspaper racks.
H. Transient Dealers' Merchandise: Merchandise displayed by transient dealers, when in compliance with title 4, chapter 2 of this code.
I. Outdoor Sales Days: Outdoor displays of merchandise conducted on the following outdoor sales days: Memorial Day weekend including Friday through Monday and Labor Day weekend including Friday through Monday, and a third weekend within the calendar year if designated by the town manager within their sole discretion.
J. Merchandise of Historical Significance: Merchandise meeting the following criteria may be stored out of doors:
1. The merchandise relates to, or is compatible with, the history of the town.
2. The merchandise is too large or too heavy to be easily stored inside.
3. The merchandise is displayed only on the property of the business offering such merchandise for sale.
4. No more than three (3) items of merchandise per business may be displayed.
5. The merchant desiring to display such merchandise obtains a Class D minor development permit for each item.
K. Sculptures and Statues: Sculptures and statues, subject to the following limitations:
1. The display is on private property.
2. The display is placed in a manner that is essentially permanent in nature.
3. The size and design of the displays are in general harmony with the location in which they are placed.
4. A Class D minor development permit is obtained for each item, and no more than two (2) permits may be obtained per business.
L. Mannequin: A mannequin, subject to the following limitations:
1. The mannequin is displayed on private property. No mannequin may be displayed on publicly owned property. A mannequin may be placed on commonly owned property; however, written permission for the display of the mannequin must be obtained from the owners' association or similar group responsible for the management of such commonly owned property.
2. The mannequin must be placed on the property of the business which displays it.
3. No more than one (1) mannequin may be displayed per business. Businesses with more than one bona fide business location may display one mannequin per business location.
4. A mannequin may include a full clothing ensemble (i.e., one (1) shirt, one (1) skirt, one (1) pair of shoes, one (1) hat, etc.).
5. A mannequin must be located so as to maintain free and unobstructed access to and from the business which displays it. A mannequin may not be placed so as to block visibility of or access to any adjacent property.
6. A mannequin must be removed if it becomes a hazard due to wind or weather conditions, or if it is in a state of disrepair.
7. No sign may be placed on or hung from a mannequin.
8. A mannequin may lawfully be displayed only when the business which displays it is open. A mannequin must be stored inside when the business which displays it is closed.
M. Single Item of Merchandise: One (1) item of merchandise offered for sale by a business, subject to the following limitations:
1. The merchandise is displayed on private property. No item of merchandise may be displayed on publicly owned property. An item of merchandise may be placed on commonly owned property; however, written permission for the display of the merchandise must be obtained from the owners' association or similar group responsible for the management of such commonly owned property.
2. The merchandise must be placed on the property of the business which displays it.
3. No more than one item of merchandise may be displayed per business. Businesses with more than one bona fide business location may display one item of merchandise per business location.
4. The merchandise which is displayed must be merchandise which is actually offered for sale by the business.
5. Clothing which is displayed outdoors must be placed on a mannequin in accordance with the provisions of subsection L of this section.
6. The merchandise which is displayed must be located so as to maintain free and unobstructed access to and from the business which displays it. Merchandise may not be placed so as to block visibility of or access to any adjacent property.
7. The merchandise must be removed if it becomes a hazard due to wind or weather conditions, or if it is in a state of disrepair.
8. No sign may be placed on or hung from the merchandise.
9. Merchandise may lawfully be displayed only when the business which displays it is open. The merchandise must be stored inside when the business which displays it is closed.
10. No tables, boxes or racks may be used to display the merchandise. Merchandise may not be displayed on a coat hanger, or placed in, attached to or hung from any tree.
11. Merchandise may not be placed in any required parking or loading spaces. (Ord. 1, Series 2014; amd. Ord. 10, Series 2015; Ord. 26, Series 2023; Ord. 27, Series 2023)