§ 16.13. Outdoor storage and display requirements.  


Latest version.
  • 1.

    Purpose. It shall be the purpose of these regulations to provide adequate space for the storage of materials outdoors and the display of merchandise outdoors. This section shall apply to all outdoor storage and outdoor display activities that are proposed whether or not a permit is required. Any land use listed in section 4.6 zoning use graphs that involves outdoor storage and or display shall comply with these standards. Outdoor storage or outdoor display that is legally in effect at the time of adoption of these standards shall be considered legally nonconforming. The outdoor storage of any materials, products, or supplies used or designed for commercial or industrial use is hereby expressly prohibited in any residential district; provided, however, that provisions of this subsection shall not apply to the storage of building material on a lot or parcel of land during construction.

    2.

    Performance standards. No outdoor display or outdoor storage shall be conducted outside of an enclosed building unless the use complies with the following provisions and limitations, except as may otherwise be permitted by this ordinance.

    a.

    Fire lanes and or maneuvering isles shall be kept clear for vehicular and pedestrian maneuvering.

    b.

    Outdoor storage and display may take place where designated off-street parking spaces are located as long as the minimum amount of required off-street parking is maintained on the property.

    c.

    Any outdoor storage that is adjacent to a residential district shall be in compliance with the screening standards as outlined in section 15.17 of this ordinance.

    d.

    All outdoor storage shall be made of a material that is resistant to damage or deterioration from exposure to the outside environment.

    e.

    Outdoor display and storage must be set back a minimum of ten feet from the outside curb or edge of pavement of a public street for visibility purposes as shown in Insert A and B. In no event shall any items be placed within the street right-of-way.

    f.

    Outdoor storage and display shall be conducted on an improved surface such as concrete, asphalt, concrete pavers or crushed rock that is dust free and shall meet the standards for storage yards as required in chapter 40, development, article XI. off-street parking driveway and storage yard standards, section 40-283; however, in the event that items for display are placed outside of the building and removed after normal business hours, items may be placed on a non-improved surface.

    g.

    In the addition of meeting the required 10-foot setback from an adjacent public street, outdoor storage may not be conducted in front of the primary building (area that constitutes the front yard setbacks). See Insert B.

    3.

    Defenses to prosecution. It is a defense to prosecution under this division that the item stored outside is:

    a.

    An operable motor vehicle with valid state registration parked on a surface that meets the standards for parking surfaces contained in the off-street parking restrictions of the city, except that this defense is not available if the vehicle is a truck tractor, truck, bus or recreational vehicle and it has a rated capacity in excess of one and one-half tons according to the manufacturer's classification or if the vehicle is over 32 feet in length;

    b.

    A boat, trailer or recreational vehicle parked on a surface that meets the standards for parking surfaces contained in the off-street parking restrictions of the city and the item cannot reasonably be placed in an area behind the front yard;

    c.

    Landscaping or an ornamental structure, including, but not limited to, a birdbath, plant container or statuette, placed in the front yard or on the front porch for landscaping purposes;

    d.

    Lawn furniture made of a material that is resistant to damage or deterioration from exposure to the outside environment;

    e.

    Located on a front porch and not visible from the street; or

    f.

    A vehicle displaying a registration insignia or identification card issued by the state to a permanently or temporarily disabled person for purposes of V.T.C.A. § 6675a-5e.1.

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(Ord. No. O-30-12, § II(Exh. A), 8-13-2012)

Cross reference

Outdoor storage, § 22-61 et seq.