An “outdoor merchandise display” is an incidental outdoor use connected to and operated in conjunction with permanent commercial uses located inside adjacent buildings. Such uses must complement existing storefronts and not require the construction of new doorways or other significant exterior changes to existing commercial buildings or pavement, and must be compatible with and have no adverse effect on surrounding development. Outdoor uses located on or adjacent to public sidewalks as well as privately owned walkways in shopping centers are also outdoor merchandise displays. (Ord. CCO-04-02, 2004)

An outdoor merchandise display permit for displaying merchandise is required. (Ord. CCO-04-02, 2004)

A permit fee is required as set by the City Council, and is issued on an annual basis. (Ord. CCO-04-02, 2004)

Outdoor merchandise display permits will be issued by the Planning Department, based on submittal of a written description of the proposed display, and a site plan. Outdoor merchandise displays must be:

(A) Located entirely on the same parcel as the associated retail sales operation.

(B) Maintained in a clean and safe manner.

(C) Clear of all emergency exits.

(D) Placed adjacent to the building.

(E) Located in areas that do not encroach upon required parking. A conditional use permit is required if a display impacts required parking spaces.

(F) Limited to the hours of operation of the associated retail sales operation. Removed each evening, unless otherwise approved by staff.

(G) Compliant with fire safety and Americans with Disabilities Act regulations.

(H) Maintained in good repair, and no item may be hazardous to pedestrian or vehicular traffic, or extend into the safe line-of-sight distances at intersections, as determined by the City Engineer.

(I) Entirely within the boundaries of a business building frontage.

(J) No more than six feet above the surface of the sidewalk, except as specifically approved by staff. (Ord. CCO-04-02, 2004)

The following restrictions are placed on outdoor merchandise displays:

(A) No items may be placed on landscaped areas. “Landscaped” area includes grass, turf, and decorative rock or bark.

(B) All sales transactions shall occur inside the building to which the outdoor use is appurtenant.

(C) Merchandise displayed outdoors must be relative or incidental to the merchandise offered by the retail establishment on the site.

(D) No ongoing yard or garage sales are allowed.

(E) A property owner must have a valid business license specifically for a retail establishment to obtain an outdoor merchandise permit.

(F) All signing must comply with MSMC Title 8.

(G) If an outdoor use is to be located on private property, the business owner shall obtain prior authorization from the owner of such property.

(H) If an outdoor use is to be located within the public right-of-way, the business owner shall first obtain an encroachment permit pursuant to Chapter 12.34 MSMC.

(I) No permanent outdoor storage shall be permitted in conjunction with any outdoor use. (Ord. CCO-04-02, 2004)

(A) All restaurants with adequate space for outdoor seating, which is located entirely on private property, are not required to obtain a permit pursuant to this chapter, but are subject to Chapter 18.60 MSMC and all regulations set forth by the California Department of Alcoholic Beverage Control.

(B) Persons conducting food sales with a mobile food vending permit pursuant to Chapter 5.60 MSMC.

(C) Small displays no greater than four square feet in floor area, and no taller than four feet in height.

(D) Small displays by properties abutting a public sidewalk where there is an alcove or recessed front entrance with enough space to accommodate the display without the need for an encroachment permit. (Ord. CCO-04-02, 2004)

Repealed by Ord. CCO-20-04. (Ord. CCO-04-02, 2004)