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Pitman City Zoning Code

§ 35-38

OUTDOOR DISPLAY OF MERCHANDISE.

[Ord. No. 11-2015]
The outdoor display of merchandise shall be permitted in the C-1 and TRC-1 Zone Districts subject to the following:
a. 
The purpose of this section is to permit certain decorative displays of merchandise and plantings in front of a store in the C-1 or TRC-1 Zoning District to assist the merchants to market their goods and enhance the beauty of the Borough.
b. 
Ornamental plantings, merchandise and goods which are offered for sale within a store with sidewalk frontage may be displayed in front of the exterior storefront within the sidewalk right-of-way and on privately owned property. Clothing shall only be displayed on a mannequin and no more than one mannequin per store shall be permitted. The clothing shall be appropriately placed on the mannequin, not draped upon it.
c. 
Merchandise shall be tastefully and decoratively displayed and located no more than thirty inches (30") from the front wall of the building in which the store is located. The decoratively displayed merchandise shall not occupy more than 50% of the store front width, provided that it shall not exceed more than eight linear feet (8'), but may be at least two linear feet (2'). The display shall not obstruct the storefront entrance and shall not extend above six feet (6') from the sidewalk surface. Corner properties may only display merchandise on the frontage for that location.
d. 
A safe, continuous, and level path on the public right-of-way (sidewalk) shall be maintained for pedestrian traffic to pass in front of the storefront with the decorative display. Such path must be not less than four feet (4') in width between the most forward edge of any merchandise or goods, and any existing proposed features, such as trees, tree wells, planters, benches, trash cans, signs, hydrants, utility poles, curb lines, and similar publicly installed fixtures or other item in the right-of-way.
e. 
The decorative display shall not contain any lighting, except for holiday lighting on ornamental plantings. It shall not contain electronic and or mechanical moving devices or items even if offered for sale within the store. The decorative display shall not contain any signage. Displays shall not contain any sound or electrical power devices.
f. 
The merchandise and goods permitted in this section are to be displayed in front of the exterior storefront, and may be displayed on temporary removable supports such as racks, benches, shelves, decorative carts, and shall be removed at the end of each day of business. Packing cartons, cardboard boxes, folding tables, card tables, or similar display supports are prohibited.
g. 
Plants, cut flowers, greens, and other such vegetative matter are not to be considered as items and need not be offered for sale by the store. These displays are to be kept neat and clean, free from dead plants, trash, litter, and other debris.
h. 
No sales may occur outside the store. All sales must be conducted within the store.
i. 
Any merchant choosing to decoratively display merchandise and goods under the provisions of this section shall obtain permission annually from the Borough of Pitman by completing an application requesting such permission and a sketch identifying the approximate location of items to be displayed. An annual application fee shall be paid upon submission of the application. A first time application shall be $25. A renewal application fee shall be $15 each year thereafter. The application shall be submitted to the Zoning Officer.
j. 
In the event that the Zoning Officer determines that any decorative display of merchandise and goods is in a state of disrepair, unkempt or presents the potential of a pedestrian hazard or otherwise fails to comply with the provisions of this section, the business owner shall immediately correct the display at the request of the Zoning Officer. The Zoning Officer shall also be authorized to order the business owner to remove the display for failure to comply with this section.
k. 
Any application for a variance from this section shall be submitted to the Zoning Board. The filing fee for such a variance shall be $50.
l. 
A business with two violations of this section within a 12 month period shall have their permit revoked for a 12 month period commencing on the date of the second violation.
m. 
The Zoning Officer shall be authorized to file a complaint in Municipal Court against any business owner that establishes or maintains an outdoor display in violation of the provision of this section. Any person being found in violation of this section shall be subject to a fine in an amount not to exceed $500 for each violation.