[Amended 4-5-2004 by Ord. No. 2004-03 (938); 12-19-2011 by Ord. No.
2011-07 (1097)]
As used in this article, the following terms shall have the
meanings indicated:
Display of merchandise directly outside of and in front of a business, not extending beyond the building's width, or section of a building housing that business, which is displayed for demonstration and for providing a sampling of merchandise, but not for outside sale or for the storage of inventory with the exception of perishable goods as set forth in § 50-1.
Any objects, wares, goods or commodities offered to the public
for sale by the business in question.
Payment for merchandise by customers of business.
No person, company, corporation or business located within the
Borough of Lavallette shall place for exhibition any merchandise of
any kind within the Borough within an area 30 feet back from the curb
of any street, or between the curbline and the building's front wall
if less than 30 feet exists between them, within the Borough, with
the following exceptions:
A.
Dates and times for exhibition of merchandise. The Borough Council may authorize, by annual resolution at a regular meeting of the Borough Council no later than April 15 of each calendar year, dates and times upon which exhibition of merchandise is permitted outside the confines of a business or commercial building during the period between May 1 and October 1 of that calendar year. Exhibitions of merchandise authorized under this section by the Borough Council must comply with the criteria as set forth under § 50-7C of the Borough Code. A request for dates and times for exhibition of merchandise shall be made, in writing, to the Mayor and Council by no later than January 15 of each calendar year. No permit or permission for the exhibition of merchandise hereunder shall permit the outdoor sale of merchandise.
B.
Dates and times for exhibition, display and outdoor sale of merchandise. The Borough Council may authorize, by annual resolution at a regular meeting of the Borough Council no later than April 15 of each calendar year, dates and times upon which exhibition or display for sale of merchandise will be permitted outside the confines of a business or commercial building during the period between May 1 and October 1 of that calendar year. Display of merchandise for sale authorized under this section must comply with criteria as set forth under § 50-7C of the Borough Code. A request for dates and times for exhibition of merchandise shall be made, in writing, to the Mayor and Council by no later than January 15 of each calendar year.
C.
Displays for outdoor sales or exhibitions of merchandise by resolution pursuant to § 50-7A or B must comply with the following:
(1)
The display of merchandise is to be set out on a counter, table or
stand that protrudes or extends no more than five feet from the front
wall of a building, and is not higher than four feet or lower than
one foot above the sidewalk, and in no case can be located closer
than 15 feet to the curbline.
(2)
Large merchandise such as appliances, refrigerators or surfboards
that exceed the four-foot height limit shall be placed directly on
the sidewalk adjacent to and against the building.
(3)
Clothing or similar items shall be hung from racks no more than five
feet in height.
The terms of this article shall not apply to an open newsstand
not exceeding 15 feet by 30 inches in size erected at least 20 feet
six inches back from the curbline.
Any person, company, corporation or business located within the Borough of Lavallette who, by reason of any condition of location, nature of business or where literal enforcement of any location restriction of § 50-7 or § 50-7C would be caused undue hardship, such person, company, corporation or business may apply in writing to the Planning Board of the Borough of Lavallette for a variance excepting said owner from complying with the requirements of such provision. The applicant shall give notice of the application in the manner provided for in N.J.S.A. 40:55D-11 to all owners of property within 200 feet of the premises involved in the application. The Planning Board shall hold a public hearing on the application to afford interested parties an opportunity to express their views thereon and may thereafter grant or deny such applications, subject to any additional requirements which it deems necessary to preserve public health and safety and prevent nuisances. This § 50-8.1 shall not apply, however, to any designation of dates and times for exhibition, display or sale of merchandise by the Borough Council.
