§ 58.950. Permits for Retail Antique Displays.

Permits shall be required for the display of retail antiques out of doors. Applications for permits shall be submitted to the Zoning Official and shall include a site plan. Unless otherwise waived by the Zoning Official, the site plan shall include: the size and shape of the property; the size and location of all structures, vehicular use areas, sidewalks, streets and landscaping; and the size and location of the proposed display. Applications shall also include the address and name of landowner and address and name of vendor.

Applications for such permits shall be reviewed by the Planning Director or his designee for compliance with all applicable codes. In addition the Zoning Official shall determine that:

(a)

The proposed display does not hinder access, ingress or egress or obstruct required parking or intrude on public right-of-way;

(b)

The proposed display will be located so as to be compatible with the existing and surrounding buildings;

(c)

The proposed display results in the least possible detrimental impact to the site;

(d)

The proposed display does not reduce the safety, light or general convenience of surrounding developments;

(e)

Required landscaping will not be threatened or damaged and is protected in accordance with the requirements of the Land Development Code;

(f)

The flow of pedestrian traffic will not be halted or materially impaired; and

(g)

The proposed display will not materially affect line of sight for vehicular or pedestrian traffic adjacent or near to the display.

Any outdoor display of merchandise for retail antique stores shall be limited to the actual hours the establishment is open for business. However, in no event shall merchandise be displayed other than between the hours of 8:00 a.m. and 8:00 p.m. (Eastern Time). Loading and unloading of merchandise shall not occur so as to leave merchandise outside for more than three hours when such merchandise has not been placed according to permit and site plan specifications.

The Zoning Official or his designee in considering any application for outdoor display of merchandise for retail antique store establishments may establish conditions relative to the number of items, location, hours for display, maximum number of days (if any), and any other conditions necessary to insure an outdoor display which is in compliance with all applicable codes, which is in keeping with the particular establishment and which is compatible with surrounding properties.

The Zoning Official shall revoke any permit issued under this section if the Zoning Official finds, based on competent substantial evidence, that any conditions of the permit are violated. The permit holder shall have the right to appeal such revocation to the Board of Zoning Adjustment. There shall be no outdoor display during the period of any appeal.

(Ord. of 9-16-1991, Doc. #25094)