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<br /> Ordinance , Exhibit D: Amended Article 16
<br />Note: underlined and bolded text represents new text; strike through represents text to be eliminated
<br />Section 5-2222. If the outdoor sales exceed ninety (90) consecutive days in dura-
<br />tion, an Outdoor Facilities Permit shall be required, per Subsection 2 below.
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<br />2. Other Commercial and Industrial Districts—Outdoor Facilities Permit Required.
<br />Outdoor storage and display of merchandise, materials, or equipment, including
<br />display of merchandise, materials, and equipment for customer pick-up shall be
<br />subject to approval of an Outdoor Facilities Permit by the Zoning Enforcement
<br />Official in the CN, CC, CS, CR, DA-1, DA-2, DA-3, DA-4, DA-5, DA-6, C-RM, NA-
<br />1, NA-2, SA-1, SA-2, SA-3, IG, IL, and IP, and IT Districts subject to screening
<br />requirements prescribed in Subsection C below. Sidewalk cafés and outdoor
<br />food service accessory to an Eating and Drinking Establishment or a retail use
<br />shall be permitted subject to approval of an Outdoor Facilities Permit by the Zon-
<br />ing Enforcement Official in the CN, CC, DA-1, DA-2, DA-3, DA-4, DA-5, DA-6,
<br />CR, C-RM, NA-1, NA-2, SA-1, SA-2, SA-3, P, PHD, IG, IL, IP, IT, and OS Dis-
<br />tricts and shall be subject to subsection (B) below. Temporary displays for Out-
<br />door Retail Sales may be allowed with a Temporary Use Permit up to ninety (90)
<br />days in accordance with Section 5-2222, consistent with the applicable base dis-
<br />trict land use regulation, as modified by an overlay district.
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<br />B. Outdoor Facilities Permits—Conditions of Approval and Grounds for Denial. The Zon-
<br />ing Enforcement Official may impose conditions of approval on any permit for outdoor
<br />storage, display, or food service issued under this Section, including requirements for
<br />yards, screening, or planting areas where it is determined by the Zoning Enforcement
<br />Official that such conditions are necessary to prevent adverse impacts on surrounding
<br />properties and uses. If the Zoning Enforcement Official determines that such impacts
<br />cannot be adequately mitigated, the permit shall be denied.
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<br />C. Outdoor Storage and Loading Facilities—Screening Required:
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<br />1. Outdoor storage areas, and truck bays/loading docks areas, shall be screened by
<br />the placement of a solid wall, fence, landscaping, and/or building location in order
<br />to substantially obscure visibility from a public street. Limited visibility of truck
<br />staging areas, as necessary only for truck access to and from the site, may be
<br />permitted if no other alternative layout is practical.
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<br />2. The storage of merchandise, materials, and/or equipment at height above the
<br />screening wall is not permitted, unless administrative approval is given by the
<br />Zoning Enforcement Official, who in order to give approval shall find that: a) the
<br />limitation in storage would not be practical for the subject business, and b) such
<br />stored items would not be visually obtrusive from a public street or neighboring
<br />property.
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<br />D. Exemptions. Notwithstanding the permit regulations of Subsections A and B above,
<br />and the screening requirements prescribed in Subsection C above, unscreened out-
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