[Added 9-15-1997 by Ord.
No. 97-20; amended 12-20-2004 by Ord. No. 2004-17]
Outdoor display of merchandise shall be permitted in the B-1
and D-1 Zoning Districts and in those portions of the B-2 and B-3
Zoning Districts which front on Main Street, subject to the following
regulations:
A. The display of merchandise shall be restricted to the regular business
hours of the store's operation and shall be removed at the close of
business each day, with the area swept clean each day.
B. No portion of the display shall project more than three feet from
the building facade.
C. The display of merchandise shall not be located beyond the width
of the street frontage occupied by the business. For a business located
on a corner lot, the display may occupy a single frontage, which shall
be the narrower of the frontages, and shall not extend along the frontage
of the other street.
D. The retail merchandise shall not be displayed in cardboard boxes,
but rather shall be placed either on the sidewalk itself or upon a
display table or rack as appropriate to the nature of the merchandise.
Display tables or racks shall be of such design as to be compatible
with the architectural character, materials, colon and details of
the storefront and building to which such relate.
E. The merchandise may contain additional signage indicating the product(s)
displayed and its price. Each additional sign shall not be larger
than one square foot, and the total additional signage associated
with the outdoor display shall consist of no more than three square
feet for each business.
F. The display shall be maintained in a neat and orderly manner at all
times.
G. Any business with an outdoor display of merchandise shall have canvas
awnings on all windows along the frontage upon which the display takes
place. If the Zoning Officer determines that awnings are not appropriate
for such storefront or building, the Zoning Officer may require planters
with landscaping or other similar improvements as a condition of outdoor
display of merchandise.
H. The business shall first obtain a permit from the Zoning Officer.
The permit shall set forth applicable conditions. Denial or revocation
of the permit shall be appealed to the Zoning Board of Adjustment.
[Added 9-3-2013 by Ord.
No. 2013-12]
Use of the public sidewalk to service customers for permitted
retail shops and stores and eating and drinking establishments shall
be permitted in the B-1 and D-1 Zoning Districts and in those portions
of the B-2 and B-3 Zoning Districts which front on Main Street, subject
to the following regulations:
A. There shall be maintained at all times at least six feet of right-of-way
for pedestrian use. Tables shall not exceed 36 inches in diameter
or square. All furniture shall conform to Borough design guidelines.
The area to be utilized shall be cordoned off from the sidewalk, if
required.
B. The sidewalk shall be kept completely clean and free of debris at
all times.
C. Only sidewalks immediately fronting on a street-level retail shop
and store and eating and drinking establishments shall be used; retail
shops and stores shall be limited to a maximum of one table and two
chairs; eating and drinking establishments shall have no limit.
D. Use of the sidewalk shall be subject to the observance of all health
and safety regulations and a valid certificate of occupancy for the
use within the immediately adjacent structure and shall be subject
to the rights of the County of Middlesex to regulate uses within the
right-of-way of any county road, if applicable.
E. Any business utilizing the public sidewalk shall maintain public
liability insurance in the amount of $500,000 single limit coverage,
naming the Borough of Metuchen as additional insured. A certificate
of insurance shall be filed with the Borough Clerk and Zoning Officer
prior to the use of the sidewalk.