It is unlawful for any person, firm or corporation to violate the provisions of this article. Any such violation shall constitute a misdemeanor, and upon conviction thereof shall be punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each and every day that a violation of this article occurs shall constitute a separate offense.
(2001 Code, sec. 8.504)
The following definition and regulations apply to outdoor display
in commercially and industrially zoned districts:
(1)
Definition.
Outdoor display means the display of regular
inventory outside of a building for a time period limited in duration
to those hours during which the building is open to the public. The
placement or leaving of any item outside of the building after the
close of business hours shall be considered outdoor storage of the
same.
(2)
Regulations.
The following regulations shall apply to
outdoor display:
(A)
A current occupancy permit or occupancy registration shall be on
file for the business or trade which is displaying the items.
(B)
Such display shall be on the same property as the building housing
the business or trade displaying the items and holding the occupancy
permit or occupancy registration.
(C)
The placement or leaving of any item outside of the building after
the close of regular business hours shall be considered outdoor storage
of the same.
(D)
Such display shall not present a hazard to pedestrian or vehicular
traffic.
(E)
Such display shall not occupy required parking spaces.
(F)
The following items may be permitted to remain on the outside of
the building after the close of regular business hours provided that
the display is maintained neatly and does not create a public nuisance
or hazard to pedestrian or vehicular traffic:
(i)
Displays of organic materials which are of a seasonal nature, including
but not limited to neatly stacked firewood, cut or live trees, bedding
plants, and shrubberies, fruits and vegetables and packaged organic
supplies for the preparation of such plant materials;
(ii)
Operable vehicles offered for sale or rental;
(iv)
Newspaper racks;
(v)
Operable boats;
(vi)
Operable farm equipment;
(vii)
Operable trailers;
(viii)
Burial monuments.
(2001 Code, sec. 8.501)
The following definition and regulations apply to outdoor storage
in commercially and industrially zoned districts:
(1)
Definition.
Outdoor storage means the leaving or placing
outside of a building, after the close of regular business hours,
of materials, merchandise, or equipment that is pertinent to the operation
of the business or trade which holds the occupancy permit or occupancy
registration to the respective property.
(2)
Regulations.
The following regulations apply to outdoor
storage in commercially and industrially zoned districts:
(A)
Material or merchandise that is used on a daily basis by the business
or trade that holds the occupancy permit or occupancy registration
to that building on the property may be stored outside in a neat and
orderly fashion. Placement of this material or merchandise must be
in an area in back of the front elevation line of the building.
(B)
Storage of building materials on a lot to be used for the construction
of a structure for which a building permit has been issued may be
permitted until the expiration of the original building permit, provided
that such storage is maintained neatly and is not a threat to public
health or safety.
(C)
No occupancy permit shall be issued after the effective date of the
ordinance codified in this article for any new business or trade which
does not comply with these regulations.
(D)
Existing businesses or trades shall have twelve months from the effective
date of the ordinance codified in this article within which to comply
with these regulations.
(E)
Businesses or trades which have filed at city hall, prior to the
effective date of the ordinance codified in this article, an application
for a building permit or an application for an occupancy permit, or
are processing a plat pursuant to a building permit request in conjunction
with the occupancy of a particular piece of property for commercial
or industrial use, shall be considered an existing use of that property
for the purposes of this article.
(2001 Code, sec. 8.502)
The following definitions and regulations shall apply to junk:
(1)
Definitions.
(A)
Junk.
Any and all waste matter, whether
usable or not, which is offensive to the public health and safety
of the area, and is specifically intended to include, but not be limited
to, worn-out, wrecked and/or abandoned automobiles, trucks, tractors,
trailers, machinery of any kind, any parts thereof, old iceboxes,
used appliances, scrap iron, scrap tin, scrap brass, scrap copper,
scrap lead or zinc, and all other scrap metals and their alloys, and
bones, rags, used cloth, used rubber, used rope, used tinfoil, used
bottles, old utensils, used boxes or crates, used pipe or pipe fittings,
used automobile, trailer, bicycle or airplane tires, and other manufactured
goods that are so worn, deteriorated or obsolete as to make them unusable
in their existing condition, subject to being dismantled for junk.
(B)
Screened from view.
Visual separation
which is provided by fencing, landscaping or walls which provide a
solid visual barrier, to a height of six feet and including gates,
between areas of a property and/or between a property and adjacent
properties and public view.
(2)
Regulations.
The following regulations apply to junk:
(A)
Junk that is considered a nuisance or hazard to public health shall
be removed from the property.
(B)
Junk stored outside shall be placed behind the front elevation of
the building and shall be screened from public view.
(C)
If landscaping is used as a screening device, it shall provide solid
screening year-round to a height of six feet, shall do so when installed
and shall be maintained to provide permanent screening.
(D)
Existing businesses or trades shall have ninety days from the effective
date of the ordinance codified in this article within which to comply
with these regulations.
(E)
The definition, description, and regulation of junk provided for
in this article will supersede any items that a business or trade
may claim as integral to their respective business.
(2001 Code, sec. 8.503)
