Toms River City Zoning Code
§ 348-5.20
Outdoor display of goods.
[Amended 4-11-1990 by Ord. No. 2729-90; 11-28-1990 by Ord. No. 2769-90; 9-25-1991 by Ord. No. 2859-91; 12-9-2003 by Ord. No. 3843-03; 8-14-2007 by Ord. No. 4097-07; 12-26-2017 by Ord. No. 4569-17]
A.
Permanent outdoor display of goods for sale. The permanent outdoor display of goods for sale, including motor vehicles (see § 348-5.37, Automotive facilities), shall not be permitted in any zone except in accordance with a site plan approval granted by the approving authority.
B.
Temporary outdoor display of goods for sale. The temporary outdoor display of goods for sale may be permitted in accordance with the following provisions:
(1)
Such temporary outdoor displays shall be permitted only where the goods displayed are the merchandise of a business enclosed within a structure located on the subject property.
(2)
Such temporary outdoor display shall be limited to 14 consecutive days per event. Each business shall be limited to two events per calendar year. The second permitted event shall not commence within 30 days from the termination of the first permitted event. Special event tents shall have a limit of 30 days per event, with a thirty-day minimum interval between events, and a maximum of two events per calendar year. All proposals for tents require approval by the Bureau of Fire Prevention as well as the Zoning Officer. Tents exceeding 900 square feet or 30 feet in any dimension require approval under the Uniform Construction Code. Tents must comply with § 348-8.37 of this chapter.
(3)
No temporary outdoor display shall be located within any designated fire lane, vehicular circulation aisle or parking space. The Zoning Officer may permit a temporary outdoor display to be located on parking spaces and related vehicular circulation aisles if it would not consume spaces that are needed to meet the parking requirements of this chapter.
(4)
All temporary outdoor displays shall not be located closer than the required front parking setback line or 25 feet from any street right-of-way line, whichever is greater, and shall not be located within 15 feet from any side or rear property line.
(5)
The applicant may appeal the denial of any requested permit to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-70(a). Proposals for the temporary display of goods for sale that exceed or otherwise are inconsistent with the time limits set forth herein shall require Planning Board approval.
C.
Coin-operated vending machines shall not be located farther than two feet from a related business structure.
D.
Flea markets. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out-of-doors shall not be permitted in any zone within the Township.
E.
Special events. For those special events that do not involve the erection of tents or the temporary outdoor display of goods for sale, there shall be no more than four special events permitted during any calendar year, no single special event shall exceed 30 days, and the aggregate duration of all special events shall not exceed 60 days during any calendar year. Signs for special events shall not be animated, and shall not exceed two signs per event. This category of special event also requires issuance of a zoning permit by the Zoning Officer.
F.
All requests for the temporary outdoor display of goods for sale, the erection of a tent, or the holding of a special event shall apply for a zoning permit. In addition to the payment of the applicable fee, the applicant shall provide a sketch plat depicting the location and size of the event, the location of any temporary structures or goods to be displayed, a description of the purpose of the proposed event, the start date and duration of the event, a drawing depicting sign size and details such as construction material and location, and a letter of authorization from the owner of the property approving the event. The applicant may appeal the denial of any requested permit to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-70(a).