Montclair Municipal Code Ch. 11.68 Seasonal and Promotional Outdoor Sales

This chapter is enacted by the City Council of the City of Montclair to address temporary outdoor sales on property where there is already a permitted use or the property is vacant. Such uses differ from outdoor display uses permitted by conditional use permit where the use of the property is permanent in nature and the sales items are permanently displayed. This chapter is to allow the special uses permitted in specific areas of the City where they may not be permitted otherwise. To regulate the uses permitted in accordance with the provisions of this chapter, the City shall ensure the safety of people, aesthetics, and the proper function of such a use.

(Ord. 99-791 Exh. A (part); prior code § 9-6.500)

A. The Director of Community Development may grant a seasonal outdoor use permit for the following uses:

1. Pumpkin sales lots;

2. Christmas tree sales lots;

3. Crops grown and sold on the same lot; and

4. Temporary special events limited to no more than three consecutive days.

B. The Director of Community Development may grant a promotional outdoor sales event permit as defined in Chapter 11.02 of this title to a bona fide business established having a permanent location within the City for the sale of goods, wares and merchandise on a developed site occupied by an establishment business licensed by the City and either:

1. The business conducting the sale is legally operating elsewhere in the City at a permanent location; or

2. The legally operating business conducting the sale does not currently exist in the City, in such case, it must be demonstrated that the goods, wares or merchandise to be sold are not sold by another business legally operating in the City.

(Ord. 01-816 § 1; prior code § 9-6.501)

(Ord. No. 18-978-U, § 4, 12-17-18)

The Director of Community Development is authorized to grant seasonal outdoor use permits and promotional outdoor sales event permits for uses pursuant to the provisions of this chapter. In granting the permits, the Director may stipulate conditions in addition to those required by the provisions of this chapter.

(Prior code § 9-6.502)

Any appeals shall be in accordance with Section 11.04.070.

(Prior code § 9-6.503)

Prior to the issuance of a seasonal outdoor use permit and a promotional outdoor sales event permit, the applicant shall pay the applicable fees and/or deposit with an application, and also specify and include the following:

A. A site plan of the property to be used and the surrounding properties. Site plan shall indicate the location, size, height, and type of all structures, including signs, walls, fences, and all parking spaces;

B. The location, size, and dimensions of all yards and setbacks and all spaces between structures;

C. The elevations of all structures proposed for construction, showing the general design, architectural features and building materials;

D. The location of all lighting within the proposed development area, except that which is within any building.

(Prior code § 9-6.504)

A. The following time limits shall apply to seasonal outdoor sales as defined in Chapter 11.02 of this title:

1. Only crops grown and sold on the same lot may be permitted for a period not to exceed one year and if the permit is not utilized within such time, this authorization shall become void.

2. Christmas tree and pumpkin sales lots may be permitted for a period not to exceed 75 days to include setup and cleanup under the time limitation, and if the permit is not utilized within such time, this authorization shall become void.

B. The following time limits shall apply to promotional outdoor sales as defined in Chapter 11.02 of this title:

1. A permit shall be for a period not to exceed 10 days and shall be permitted for not more than four times per calendar year per business address.

2. One additional special promotional outdoor sale permit may be granted by the Community Development Director within one calendar year for a center-wide participation basis if such center has five or more participating tenants. Such special center-wide permit, however, shall be limited to 72 hours. One temporary banner may be permitted to advertise such center-wide outdoor sales event coinciding within the 72-hour period.

3. The permits may not be granted consecutively but shall be separated by a time period of at least 30 days.

C. Once any portion of a seasonal outdoor use permit or a promotional outdoor sales event permit is utilized, the conditions thereof shall become immediately operative and shall be strictly complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-6.505)

The Director of Community Development is authorized to revoke any seasonal and promotional outdoor permit or special event permit when it is determined that requirements of this chapter or conditions of approval are not being met, or the permit was obtained by fraud or issued in error, or the use is creating a nuisance or safety hazard.

(Prior code § 9-6.506)

Promotional outdoor sales event permits, as defined in Chapter 11.02 of this title, shall apply to the following provisions: Any commercial or retail business that has previously utilized its privileges by having promotional outdoor sales events, prior to the adoption of the ordinance codified in this chapter, shall be considered legal nonconforming and shall be allowed to exercise the above-said privileges so long as the business retains the same majority ownership interest as existed on October 1, 1988. At such time when there is a change of majority ownership interest, all commercial or retail businesses shall conform in accordance with the provisions of this title and all sections of this Code.

(Ord. 06-871 § 8: prior code § 9-6.507)

A. Temporary structures may be permitted for seasonal outdoor use permits in accordance with the following provisions:

1. All structures shall not exceed a total of 10 percent of the entire lot or 400 square feet, whichever is less.

2. Any structure used for storage shall be used for equipment or supplies which are accessory to the crops being grown and sold. Such equipment or supplies shall be adequately screened from public view.

3. All structures shall conform to all Building Division procedures and regulations.

4. No structure or outdoor display shall be allowed within the public right-of-way.

5. No dwelling units, including those for caretakers or employees, are permitted in conjunction with seasonal outdoor uses or promotional outdoor sales events. Trailers, campers, and the like may be permitted for seasonal outdoor sales, such as Christmas tree lots, upon approval by the Director of Community Development.

B. For promotional outdoor sale events, no temporary structures shall be permitted during the sale period specified on the permit with the following exceptions:

1. A small canopy or umbrella with at least 50 percent of its sides opened, and the size of its roof covering not to exceed 1000 square feet in area or 30 percent of the defined outdoor sale area, whichever is less;

2. Outdoor sales display area shall not exceed 30 percent of the required total parking area for the business based upon building square footage;

3. Temporary structure per subsection (B)(1) of this section shall be located a minimum of 15 feet from street side property lines, if it does not obstruct visibility of the adjoining property. No part of any structure shall encroach onto the landscape area, walkway, fire lane, fire exit, or handicapped parking area;

4. Temporary structure shall meet all fire and building safety standards as required under Section 10.52.090 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 9-6.508)

A. Each seasonal outdoor permit shall be required to have the following fees submitted with the application, as determined by fee schedule adopted by resolution of the City Council:

1. An annual permit fee; and

2. A refundable clean-up deposit.

B. Each promotional outdoor sales permit shall be required to have the following fees submitted with the application, as determined by fee schedule adopted by resolution of the City Council:

1. A permit and inspection fee per event; and

2. A refundable clean-up deposit for any temporary structure or tent over 200 square feet in area erected or placed on the property in conjunction with the promotional outdoor event; or

3. An additional deposit if, in the opinion of the Director of Community Development, such event could generate a large assemblage of people and/or vehicles which may, in turn, require additional inspection and/or monitoring by City personnel.

(Ord. 99-791 Exh. A (part); prior code § 9-6.509)