[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 4-9-2008 by Ord. No. 06-2008. Amendments noted
where applicable.]
On application to the Zoning Officer, or his
or her designee, the Borough Zoning Officer may permit, at his or
her discretion, a special event, outdoor display and/or sale in parking
lots, sidewalks or other premises adjacent to the applicant's commercial
premises, subject to the conditions contained herein.
A permit for an outdoor special event, display
and/or sale shall only be given if the applicant satisfies all of
the following criteria:
A.
A special event shall not extend beyond two weeks,
and there shall be no more than two permits for such activities issued
per calendar year, with each permitted activity not occurring closer
than 30 days from the end of the last permitted activity.
B.
No food or foodstuffs shall be displayed or offered
for sale except by a merchant whose normal business includes the sale
of such items; said merchant must also maintain a valid permit for
the food or foodstuffs displayed if the same are of the type which
otherwise require a permit; said merchant shall also provide a trash
receptacle of at least 25 gallons' capacity within five feet of his/her
display area.
C.
The outdoor display and sale shall be restricted to
areas zoned for commercial business and shall otherwise be in accord
with all zoning regulations pertaining thereto.
D.
The outdoor display sale shall not block pedestrian
or motor vehicle traffic. Specifically, it shall not impede the follow
of pedestrian traffic, including the handicapped, and said display
shall in no way threaten the safety of the public. This includes,
but is not limited to, ensuring that motorists are not visually or
physically obstructed in an unsafe manner.
E.
All signage and special effects must be limited to placement on the actual site of the special event, outdoor sale or display, with detailed description set forth on the application concerning the number of signs, size and types. Said signage and special effects cannot adversely affect the health, safety or welfare of the public and are further subject to the Temporary Sign Ordinance found in the Code of the Borough of Eatontown Land Use, Article XI, § 89-96, and related ordinances.
F.
The applicant shall demonstrate that the outdoor display
and sale serves the public purpose of furthering the commercial and
mercantile growth and stability and/or aesthetics of the Borough at
large.
G.
The permit shall not adversely affect the public welfare.
H.
The applicant must complete a form prepared by the
Borough showing the applicant's name and location to be used for sale
and display and a list of the goods or services to be displayed and
offered for sale, with a diagram or narrative explaining exactly where
the special event is to take place, the size and diameter of the event,
the use of tents, signs and other advertising devices and the exact
location of all displays. The application must be reviewed and approved
for firesafety by the Fire Official of the Fire Prevention Bureau,
pedestrian and traffic safety by the Police Department and, in the
discretion of the Zoning Officer, any other official due to the unique
nature of the special event. The Borough can restrict any aspect of
the special event if, in its opinion, any aspect of the event affects
the safety, health and welfare of the public.
The applicant shall pay a fee of $100 for each
permit for a special event.
Permits for outdoor displays, sales and special
events are not required for Borough-endorsed festivities or activities
and may be specifically waived by the Borough Council for nonprofit
organizations and activities.
This chapter shall be enforced by the Zoning
Officer or his or her designee.
[Amended 3-11-2009 by Ord. No. 03-2009]
Under this chapter, all applications, in addition
to being reviewed and approved by the Zoning Officer and those officials
set forth more fully above, must receive final approval from the Borough
Administrator. The Borough Administrator shall report to the Borough
Council on a monthly basis detailing all permits issued under this
chapter.
