[1]
Editor's Note: Former § 110-192, Swimming pools, tennis courts and racquetball courts, as amended; § 110-193, Accessory structures; and § 110-194, Antennas, as amended, were repealed 9-3-2013 by Ord. No. 2013-12.
[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.