[Adopted by Ord. No. 18-1999 (§§ 9-90
to 9-95 of the 1979 Revised General Ordinances)]
Outdoor retail sales activities are hereby authorized
on a seasonal basis each year in the Central Business Zoning District,
subject to compliance with all terms and conditions as set forth in
this article.
Seasonal outdoor retail sales activity shall
be limited to the period beginning April 15 and ending December 31.
Subject to the requirements of this article,
outdoor seasonal retail sales may be conducted by the following: the
owner or operator of any retail establishment in the Central Business
Zoning District wishing to extend the sales activities of such retail
establishment to the exterior portions of such establishment; or the
Livingston Community Partnership Management Corporation wishing to
sponsor an outdoor sales activity within the Central Business Zoning
District.
Any person or entity described in § 244-19 wishing to conduct a seasonal outdoor sales activity shall submit an application to the Township Manager. The application shall specify the nature, scope, duration and location of the proposed outdoor sales activity. The Township Manager shall review each such proposal and seek review and comments from the municipal officials and from the appropriate Township departments, including, without limitation, the Police and Health Departments.
No outdoor sales activity shall be undertaken
unless and until approval in writing has been issued by the Township
Manager. Such approval shall not be issued to an owner or operator
of a retail establishment if the outdoor sales activity as proposed
deviates in any material respect from the usual sales activity of
the retail establishment. Such approval shall not be issued if the
outdoor sales activity as proposed would result in a public safety
hazard, interfere with pedestrian or vehicular circulation, or otherwise
impact adversely on the health and safety of the community.
[Amended 4-4-2005 by Ord. No. 4-2005]
To the extent of any conflict between this article
and the Zoning Ordinances of the Township of Livingston,[1] this article shall control; provided, however, that this
article shall not apply to outdoor seating areas for consumption of
food or beverages.
