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Fair Haven City Zoning Code

§ 30-7.16

Outdoor Display of Goods.

[2002 Code § 16.28.150; Ord. No. 2013-07]
a. 
Except during garage, estate or auction sales conducted pursuant to a permit issued by the Borough, no goods shall be displayed for sale in any residential zone district.
b. 
Business uses shall not permanently display goods for sale, including motor vehicles, outdoors except where the goods displayed are the merchandise of a business included within a structure located on the site and the display is in accordance with a site plan approved by the Municipal Agency.
c. 
Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five such sales per year nor shall any one sale exceed one week in duration.
d. 
Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods out of doors shall not be permitted in any zoning district within the Borough except temporary sales operated by nonprofit or charitable groups may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than two such sales per year nor shall any one sale exceed four days in duration.
e. 
Goods for sale, displayed or stored outdoors, in accordance with an approved site plan, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.
[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]
f. 
Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and on developed sites occupied by nonprofit or charitable groups. Such sales shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless adequate off-street stopping space or maneuvering space for vehicles of customers can be provided and it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such use shall be permitted to have one freestanding sign, no larger than 12 square feet in area, no closer to any property than 10 feet, and not extending eight feet in height. Such signs shall be temporary and shall be removed from the property on which the sales are being conducted no later than December 31.
g. 
In the event an application for a restaurant is before the Zoning Board of Adjustment or Planning Board for site plan, subdivision or variance approval where a sidewalk cafe or outdoor dining is proposed, the reviewing Board will not have jurisdiction to approve the sidewalk cafe or outdoor dining but may make a recommendation to the Governing Body for review of a license pursuant to Section 4-2. In the AH Affordable Housing Zone, AHO-1, AHO-2, AHO-3 and AHO-4 Affordable Housing Overlay Zones, any proposed outdoor dining hall shall be part of any site plan application submitted to the Planning Board.
[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]