[HISTORY: Adopted by the City Council of
the City of Cape May by Ord. No. 1162-98 (Sec. 4-16 of the 1997 Revised General Ordinances;[1] amended in its entirety 4-16-2007 by Ord. No. 98-2007. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: Prior ordinance history includes
portions of Ord. No. 1059-95.
Except as hereinafter provided, it shall be
unlawful for the owner or lessee of a commercial property, or the
owner or lessee of a residential property to which a mercantile license
for rental purposes has been issued, to erect a tent without obtaining
a license under the procedures as set forth in this chapter. The license
shall be contingent upon the issuance of all necessary approvals and
permits required by the Construction Official and Fire Safety Inspector.
A.
The issuance of a tent license shall be subject to
the pertinent provisions of the Uniform Construction Code, BOCA Code,
International Fire Code, Alcoholic Beverage Control laws and all other
applicable state and federal laws, rules and regulations, and City
ordinances applicable to temporary structures as determined by the
appropriate City officials.
B.
The owner or lessee of a residential property to which
a mercantile license has been issued, or is subject to such issuance,
for rental purposes, may obtain no more than one license per calendar
year.
C.
The owner or lessee of a commercial premises may obtain
up to three licenses per calendar year to erect a tent. Additionally,
up to three licenses may be issued at such commercial premises if
the event is sponsored by and is on the behalf of a duly recognized
tax-exempt religious, charitable, or nonprofit corporation or organization.[1]
[1]
Editor's Note: Ordinance No. 411-2021, adopted 2-26-2021,
temporarily amended this subsection as follows: "During the public
health emergency, the use of temporary tents by Class 4A commercial
property owners are not limited to a period of 72 hours or the annual
three license limit, on the condition that the temporary tent is used
in connection with a temporary site plan authorized by the procedures
set forth in Resolution No. 153-05-2020 incorporated herein by reference,
and not used to increase the number of previously approved tables/seats.
Temporary tents may remain in use until the earlier of (i) December
31, 2021 or (ii) expiration of the state of emergency and public health
emergency declaration by the Governor. As a precondition of licensure,
all tents larger than the size of 10’ x 10’ shall be subject
to inspection by the City to ensure compliance with all applicable
adopted codes and regulations, and all other federal, state and local
rules and regulations. The owner or lessee shall comply with any conditions
necessary for the public health, safety, and general welfare as determined
by the appropriate City officials."
D.
A tent license shall not be required for a residential
property except as provided above.
E.
The license shall allow the use of the tent for the
special event for which the tent is erected for a time period not
to exceed 72 hours, unless approval is obtained from City Council
upon application for good cause
F.
As the use of a tent is hereby limited and restricted
to special events, it shall be deemed that the use is not permanent,
and the site plan and zoning regulations otherwise applicable to an
outdoor commercial use shall not apply.
G.
Nonprofit organizations may erect a tent for a period
less than 180 days in any one calendar year and the license fee as
herein required by this section shall be waived, provided that the
following requirements are satisfied:
(1)
The nonprofit organization must be organized and existing
under both state and federal law and provide proof of its nonprofit
status and tax-exempt status under Section 501(c) of the Internal
Revenue Code of 1986, as amended, upon application for the license.
(2)
The tent erected pursuant to this subsection shall
be in conformance with the applicable provisions of the Uniform Construction
Code, the International Fire Code, BOCA Code, Alcoholic Beverage Control
laws, and all other applicable state, federal laws, rules and regulations,
and City ordinances applicable to temporary structures as determined
by the appropriate City officials.
(3)
Nonprofit organizations erecting tents on property
that is leased from the City shall comply with all insurance coverage
requirements of their respective lease with the City.
(4)
Notwithstanding that the tent is a temporary structure
and not subject to the building setback, lot coverage and density
and other similar zoning regulations, the tent permitted under this
section shall comply with all of the bulk zoning regulations in the
zoning district where the property is situated and will not reduce
the parking spaces on the site to below the number of spaces required
under the existing zoning regulations.
As used in this chapter, the following terms
shall have the meanings indicated:
Any portable shelter with a canopy-type roof exceeding 100
square feet with or without sides.
The fee for a tent license shall be $100 per
seventy-two-hour period. Payment in full of the fee shall be made
with the license application, and shall not be refundable. The applicant
shall be responsible for all other necessary permit and inspection
fees in connection with the license application.
Any person whose application for a tent license
has been denied, or whose license has been revoked, may appeal to
City Council.
Violation of any provision of this chapter shall be liable, upon conviction, to the penalty stated in Chapter 1, Article III, Penalty. Additionally, the tent license may be revoked if it is determined that the use of the tent constitutes a danger to the health and safety of the owner or the general public, such use also being declared to be in violation of this chapter.
This chapter shall apply to the issuance of
a tent license, notwithstanding any inconsistent provisions of any
other City ordinance or regulation.
