As used in this section, these terms shall have the following
meanings:
OUTDOOR DINING AREA
A designated area on the premises of a retail food establishment
or restaurant, but outside the principal building, and where patrons
may sit at tables while consuming food and beverages ordered from
and served by a waiter or waitress.
OUTDOOR EATING AREA
A designated area on the premises of a retail food establishment,
but outside the principal building, and where patrons may sit at tables
while consuming foods, soft drinks, ice cream, and similar confections
purchased from the retail food establishment.
SIDEWALK CAFE AREA
A designated area of a public sidewalk where patrons may
sit at tables while consuming food and beverages ordered from and
served by a waiter or waitress.
The following additional design standards shall apply:
a. Where curbside abuts on-street parking, curbside dining is limited
to two-top tables placed parallel to the street. A minimum two-foot
setback should be maintained from the curb edge.
b. Additional sidewalk clearance may be required where pedestrian traffic
or other circumstances warrant.
c. An unobstructed pedestrian corridor of a minimum of four feet in
width straight out must be maintained between any restaurant entrance
and the pedestrian corridor space.
d. Clear unobstructed height of seven feet must be maintained between
the sidewalk surface and overhead objects including umbrellas.
e. A minimum clearance of five feet must be maintained between the outdoor
dining space and edge of parking lots, driveways, alleys, and handicapped
ramps.
f. The outdoor dining space must not block access to public amenities
like street furniture, trash receptacles, and way finding, or directional
signs.
g. Dining areas at corners must not extend within sight triangles at
street intersections.
h. An unobstructed pedestrian corridor of a minimum of four feet in
width must be maintained parallel to the street at all times.
i. Furniture must be made of durable material. No plastic, or unfinished
or pressure treated wood furniture is permitted.
j. Planters or pots may be used to define the outdoor dining space but
are not required.
k. Perimeter fences are discouraged. Fences must not be solid or opaque,
made of plastic or unfinished or pressure treated wood, or affixed
to the ground.
l. Tabletop signage is limited to menus and must not exceed four square
feet in area.
m. There can be no more than two umbrellas per table.
n. The umbrellas must be fixed so as to leave a clear height of seven
feet from the sidewalk surface.
o. Umbrellas are not allowed on tables located within 10 feet of block
corners.
p. Lighting must not cause glare to pedestrians or vehicular traffic.
q. Lighting must not be affixed to trees, bushes and any natural growth.
r. Tables, chairs, planters, and pots may remain in the designated outdoor
dining area throughout the permit period. All umbrellas, signage,
and other accessories, however, must be removed from the dining area
at the close of business each day.
s. The outdoor dining operation must comply with all state and local
sanitary and health regulations.
t. A host stand and tabletop candles are allowed within the approved
dining area. However, these accessories have to be removed from the
dining area at the close of business.
u. Tents and cash registers are permitted within the outdoor dining
area.
v. Outdoor dining areas cannot run electrical cords from the restaurant
building or the Borough power receptacles.
w. The applicant is responsible for keeping the outdoors dining area
and the permittee's property clean of garbage, food debris, paper,
cups, or cans associated with the operation of the outdoor dining
space on a daily basis. All waste and trash must be properly disposed
of by the applicant.
x. Sidewalks within and adjacent to the outdoor dining area must be
washed down and cleaned on a daily basis. Any stains from spills must
be removed. Soiled pavement not able to be cleaned must be replaced
by the permit holder, under the supervision of the Borough Engineer
and detergents used for cleaning must not drain into tree pits.
All permits required by this section shall be applied for and
obtained from the Office of the Zoning Officer during normal business
hours. Applications for such permits shall be in a form approved by
the Borough Administrator and be accompanied by a permit fee of $250
unless a different fee is established by resolution of the Governing
Body. Applications for renewal of permits annually shall pay $125.
The Combined Land Use Board shall have the power to hear and
decide appeals where it is alleged by the appellant that there is
error in any requirement, decision or refusal made by the Zoning Officer
in the enforcement of this section.