[Adopted by the Mayor and Council of the Borough of Bradley Beach 6-14-2016 by Ord. No. 2016-26. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR DISPLAY
- The displaying of goods, merchandise or products outdoors such that the items are readily available for sale at retail on the same lot and in conjunction with a permitted use, which is otherwise operated entirely within a permanent fully enclosed building.
- OUTDOOR STORAGE
- The storing or maintaining, exterior to any permanent, fully enclosed building or structure, of goods, merchandise, inventory, equipment or other tangibles for any purpose other than outdoor display. The term outdoor storage shall not include box trucks, semitrailers and any other type of vehicles currently licensed by any state in the process of delivering or picking up goods or materials. Goods, merchandise or products stacked on pallets and/or wrapped in packing materials such that the items are not readily available to the public for immediate retail sale shall be considered outdoor storage and not outdoor display.
Nothing in this chapter shall waive the requirement to obtain a use permit for outdoor storage.
Outdoor display stands shall not be operated as a separate business.
Any and all licenses issued pursuant to the terms of this chapter shall permit outdoor display from the start of the calendar year to end of that calendar year.
Displays shall be permitted only as accessory uses on the same premises located in front of, on the side of or behind the primary building during its normal business hours only. Only goods, merchandise or products that are typically located within the permanent building or structure shall be offered for sale in an outdoor display area.
No outdoor display areas shall be located within five feet of any residential property line or adjacent building.
Where an outdoor display is located on a sidewalk or walkway, an unobstructed portion of the area not less than four feet wide between the adjacent building and the adjacent curb shall be maintained at all times. The area shall be unobstructed by trees, tree wells, light poles, trash receptacles, sign poles and posts, telephone booths and similar structures. The pathway shall not meander around obstructions. The display cannot occupy more the 75% of the storefront in length.
The display shall not contain front lighting, backlighting and/or lighting within the display. However merchandise itself that contains lighting may be displayed. No power lines or extension cords shall be allowed.
Merchandise may be displayed on temporarily removable supports such as shelves, bookshelves, decorative carts and similar kinds of supports. The supports shall be removed at the end of each day of business, and shall have no wheels, except for decorative carts. Packing cartons, cardboard boxes, bins, card tables, folding tables, or similar display supports are prohibited.
Plants, cut flowers, and greens may be used as decorative material.
No amusement center, amusement arcade, or vending machine servicing business shall be erected in the outdoor display.
All outdoor display areas must be maintained and displayed in a neat, orderly and safe manner.
No outdoor display shall obstruct visibility at the intersection of two or more roadways and/or driveways. There shall be no significant obstruction to visibility located above three feet in height.
All permits shall be subject to the Chief of Police, Code and Fire Marshal's approval.