Edgewater City Zoning Code
ARTICLE XXI
Temporary Sale of Seasonal Items and Holiday Decorations
§ 240-182 Intent.
The intent of this article is to establish regulations and procedures for the outdoor sale of seasonal items and holiday decorations in the Borough of Edgewater.
§ 240-183 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Displays erected on a seasonal basis in observance of religious, national or state holidays throughout the year, including, but not limited to, Christmas trees, wreaths, poinsettias, garland, etc.
A merchant or vendor who chooses a specific location within the Borough upon which to erect or park a cart, tent, wagon, truck or stand from which to engage in merchandising, with the intent to return to the same location each day. A temporary merchant must not have a vested interested in the location, must have the written permission from the owner(s) of the location to conduct the sale of the intended products, and must obtain a temporary business license pursuant to this article.
§ 240-184 License required.
A.
It shall be a violation of this article for any person to either sell or store for sale seasonal items and holiday decorations in the Borough of Edgewater without having a license therefor.
B.
It shall be a violation of this article for any owner to allow his property to be used to either sell or store for sale seasonal items and holiday decorations by any person who does not have a license therefor.
C.
The foregoing notwithstanding, no license shall be required for the storage or sale of seasonal items and holiday decorations when conducted indoors in the normal course of business of any establishment for which a site plan has been approved and a certificate of occupancy has been granted or indoors or outdoors in the normal course of business of any garden shop or nursery for which a site plan has been approved and a certificate of occupancy has been granted.
§ 240-185 Application; approval.
A.
All applications for a license that allows the outdoor storage and sale of seasonal items and holiday decorations shall be made to the Borough Clerk on a form prescribed by the Clerk.
B.
The application shall include:
(1)
Name, address and telephone number of the temporary merchant, whether an individual or organization, seeking such license;
(2)
A plan, drawn to scale, showing the general location of the lot where such storage and sales are to take place;
(3)
Provisions for site access and parking;
(4)
Written consent of the owner of the lot; and
(5)
Certificate of insurance for the business, naming the Borough of Edgewater as the certificate holder and as an "additional insured" under the general liability policy description.
C.
Within 10 days after the application has been fully submitted, the Clerk shall approve, with conditions, said application and issue a temporary license or deny the application. If the application is denied, the Clerk shall state his or her reasons for denial in writing.
§ 240-186 Fees; deposit.
A.
The application shall be accompanied by a nonrefundable processing fee of $50.
B.
A site restoration deposit of $500, determined to be an amount sufficient to cover cleanup costs, shall be collected in order to assure removal of unsold trees and any remaining decorations after storage or sale.
C.
The site restoration deposit shall be refunded in full, within 30 days after the termination of the license, if the lot on which the trees were sold has been cleaned up and restored to the condition that existed prior to the temporary sale, as determined by the Borough Clerk or his or her designee, or refunded in full if the application is denied.
§ 240-187 Permissible locations.
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014]
The outdoor sale as permitted in this article may be conducted on any vacant lot or on such other land which, in the discretion of the Borough Clerk or his or her designee, shall be deemed sufficient, suitable or compatible within the B-1, B-2, B-3, B-4, MXD-1, MXD-2, MXD-3, OR-1 and PD Zoning Districts of the Borough of Edgewater. Seasonal items and holiday decorations for sale, or storage for sale, shall be stored in a manner which is safe and not a fire hazard.
§ 240-188 Conditions for issuance of license; revocation.
A.
The Borough Clerk shall approve an application and issue a license to a temporary merchant if the lot is suitable for the sale in terms of vehicular access, parking and pedestrian safety. For build-up lots, the Borough Clerk or his or her designee shall also make certain that other uses on the lot will permit vehicular access and parking, if such sales are also permitted on the lot.
B.
The license may be revoked at any time if the licensee deviates from the plan as submitted and/or if the sale is deemed to create a public health or safety hazard. If the license is revoked, all sales shall be terminated immediately and shall not be permitted until the licensee complies with the plan and the Borough Clerk or his or her designee is satisfied that all safety and health hazards are eliminated.
§ 240-189 Term of license.
All licenses shall commence no more than 45 days prior to the date of observance of the religious, national or state holiday(s) for which the temporary license is sought and shall expire five days after said date of observation.
§ 240-190 Violations and penalties.
Any person determined to have violated any provision of this article shall be subject to a fine of not more than $500 nor less than $100.