[HISTORY: Adopted by the Borough Council
of the Borough of Stone Harbor as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Vending machines — See Ch. 535.
[Adopted as Sec. 4-12 of the 1982 Revised
General Ordinances]
Notwithstanding the fact that businesses are
ordinarily not permitted to be operated in residential zones, the
following types of sales shall be permitted to be operated indoors
on residential property: garage sales, liquidation sales, tag sales
and demolition sales conducted for an owner, tenant, or by an agent
of same, upon real property owned or leased by said owner or tenant;
provided that the date and nature of the sale shall be registered
with the office of the Borough Clerk not less than 24 hours in advance
of the sale.
No such sale shall continue for more than two
consecutive calendar days, and the sale shall only be conducted between
the hours of 8:00 a.m. and 6:00 p.m.
Only two such sales shall be permitted on any
premises during any one calendar year.
Such sales shall not be directly or indirectly
connected with the operation of any business, except the business
of the agent conducting the sales.
If there are any items sold which are to be
removed after the time for the sale has been completed, such items
may be picked up after the time for the sale expires.
The requirement of two such sales during any calendar year found in this article and in § 438-9B shall be read together, so that there may not be more than two sales, in total, held in one calendar year.
[Adopted as Sec. 4-16 of the 1982 Revised
General Ordinances]
[Amended 3-3-2009 by Ord. No. 1331]
No person shall display or offer for sale or
rent any merchandise, goods or wares at any place in the Borough of
Stone Harbor unless same is conducted within a fully enclosed roofed
building or structure lawfully constructed for such purpose, under
and subject to the exceptions of this article or as allowed by a Borough
land use board as may be permitted by law. This prohibition includes
such transactions within a mall.
Anything to the contrary above stated notwithstanding, merchandise, goods or wares may be displayed or offered for sale or rent outside the exterior walls of a building or structure within the Borough of Stone Harbor in the following instances where not otherwise prohibited by Chapter 560, Zoning, of the Borough Code.
A.
Merchandise sold or used in the normal operation of a gasoline service station, marine sales and bicycle rental establishments which do not interfere with the public right-of-way or impede emergency access to the location. For purposes of this section, "marine sales" shall mean any business the primary purpose of which is the sale of watercraft and items incidental to the use of watercraft. Any such goods displayed 24 hours per day outside the exterior walls of a building or structure housing a marine sales business shall be limited to watercraft. Other items incidental to the use of watercraft shall only be displayed between the hours of 6:00 a.m. and 10:00 p.m. prevailing time. For purposes of this section "watercraft" shall mean any vessel designed for and capable of transporting two or more people upon water. The above exceptions are conditioned upon the primary business operations being conducted out of a structure as described in § 438-7, above. Vending of any goods upon a vacant lot is prohibited and shall constitute a violation of this section. This article shall be subject to enforcement by the Zoning Officer of the Borough as well as the Police Department.
B.
Vending machines. An operating business, operating inside a building, shall be permitted to have two vending machines located outside the exterior walls of the building, which vending machines shall not, however, intrude into the front, side or rear yard setbacks, required by Chapter 560 hereof. However, only one vending machine shall be permitted along 96th Street or between 94th and 99th Streets on Second and Third Avenues.
C.
Outdoor dining areas of restaurants or other food
service establishments, which do not serve, permit or allow alcoholic
beverages to be consumed on the premises. Said outdoor dining areas
must be contiguous to the restaurant or food service establishments.
Anything to the contrary above stated notwithstanding,
merchandise, goods or wares may be displayed or offered for sale or
rent outside the exterior walls of a building or structure within
the Borough of Stone Harbor in the following instances:
A.
A single motor vehicle or boat offered for sale by
the owner thereof on property owned or leased by said owner, not being
offered for sale in the general course of business.
C.
Sales in connection with any contract for the sale of goods granted by the Borough of Stone Harbor or any special events permit issued by the Borough of Stone Harbor for such things as, but not necessarily limited to, bazaars, festivals, sidewalk sales, backyard sales, food sales, boat shows, art shows, craft shows, wings and water festivals, and similar activities approved by Mayor and Council upon written application therefor in accordance with Chapter 275. No approval shall be required for events that are operated by recognized local churches, nonprofit service clubs or by the local volunteer fire company or rescue squad, which are held upon private property or upon the grounds of the fire company, unless the provisions of Chapter 275 require a special events permit.
[Amended 5-5-2009 by Ord. No. 1337]
