[Adopted 6-2-1998 by Ord. No. 98-7 (Ch.
68A of the 1970 Code)]
The regulations as set forth in this article
are designed to permit garden dining facilities in areas where they
are appropriate and to promote and protect the public health, safety
and general welfare. Specific purposes of this article are:
A.
To preserve and enhance the character of neighborhoods
throughout the Borough and to protect the adjacent residentially occupied
areas.
B.
To simplify administrative and strengthen enforcement
procedures for garden dining facilities that are effective, efficient
and enforceable and to promote the most desirable use of land.
A.
This article shall be known as "Garden Dining Facilities."
B.
BOROUGH
GARDEN DINING FACILITY
JOINT PLANNING/ZONING BOARD OF ADJUSTMENT
NONRESIDENTIAL DISTRICTS
RESIDENTIAL/MIXED-USE DISTRICTS
For the purposes of this article, the following terms
shall include each of the meanings set forth:
The Borough of Runnemede.
An exterior dining facility attached to and part of an eating
and drinking establishment of Use Group A-3, as defined by the Uniform
Construction Code,[1] only in a Commercial C District, that is primarily an
eating establishment, with a plenary retail consumption license, entirely
located on private property, open to the elements except for awnings,
walls or fences which are permanent in nature and which does not allow
nonemergency ingress or egress from the exterior.
The Borough of Runnemede Joint Planning/Zoning Board of Adjustment.
Those areas of the Borough of Runnemede which are situate
in the Commercial C District and are at least 200 feet from any other
residentially occupied or zoned premises.
Those areas of the Borough of Runnemede which are situate
in the Commercial C District and are situate less than 200 feet from
any other residentially zoned or occupied properties.
A.
A garden dining facility authorized and operated pursuant
to this article shall comply with the following:
(2)
Be handicapped accessible.
(3)
Provide adequate rest room facilities.
(4)
Have seating capacity not exceeding 50% of the number
located in the primary restaurant.
(5)
Have maximum occupancy not to exceed one patron for
every 10 square feet.
(6)
The permit shall be valid only when the primary use
is classified A-3 pursuant to the Uniform Construction Code. Garden
dining facilities are not permitted in A-2 or nightclub classifications.
(7)
The premises shall be refuse-free; all landscaping
shall be maintained; and no unenclosed refuse containers shall be
permitted.
(8)
Landscaping must extend 10 inches above table tops.
(9)
Maximum height of the floor shall not exceed three
feet above grade.
B.
Rooftop garden dining facilities are prohibited.
A.
Residential/mixed-use districts. Garden dining facilities
located in residential/mixed-use districts shall be open for business
only when food service is available from 9:00 a.m. Monday through
Saturday and 12:00 noon on Sunday and shall close by 11:00 p.m., Sunday
through Thursday and 12:00 midnight, Friday and Saturday.
B.
Nonresidential districts. Garden dining facilities
located in nonresidential zoning districts shall be open for business
from 9:00 a.m. Monday through Saturday and 12:00 noon on Sunday and
shall close by 12:00 midnight.
C.
Closing. One-half hour after closing time, all patrons
must be vacated from the garden dining facility. One hour after closing,
the garden dining facility must be closed and secured.
A.
Residential/mixed-use districts. Garden dining facilities located in said districts shall not use live entertainment, music or sound-producing or amplification devices, and no entertainment or games of any type are permitted. Lighting shall comply with all lighting standards in § 395-13A(5)(a) through (e), with a maximum of 1.0 footcandle at the property line.
B.
Nonresidential districts. Garden dining facilities located in said districts shall be allowed to provide music, so long as it is not of a type or volume as to violate any applicable law or ordinance or create a nuisance to surrounding residents or property owners. Lighting shall comply with all lighting standards in § 395-13A(5)(a) through (e), with a maximum of 1.0 footcandle at the property line.
Food preparation on or in the garden dining
facility is prohibited.
A.
An establishment wishing to operate a garden dining
facility shall apply to the Joint Planning/Zoning Board of Adjustment
for site plan approval. Notice of the application for a garden dining
facility to the Joint Planning/Zoning Board of Adjustment must be
given to all property owners within 200 feet of the affected property
pursuant to the New Jersey Land Use Law, N.J.S.A. 40:55D-1 et seq.
Notice to property owners within 200 feet cannot be waived.
B.
After approval from the Joint Planning/Zoning Board
of Adjustment, the applicant must obtain a permit from the Borough
Construction Office. The applicant shall supply a permit application
to the Construction Office on a form prepared by that office for approval
by the Construction Code Official. The permit application fee shall
be $100. Said permit must be renewed annually at a cost of $100. Permits
shall be issued on or after January 1 of each year and shall expire
on December 31 of the same year. Applications for renewal of permits
shall be made in the same manner as original applications. The applicant
shall submit the permit renewal application 45 days prior to the expiration
date. If the Construction Code Official fails to issue or renew a
permit, the applicant may appeal to the Joint Planning/Zoning Board
of Adjustment. Permits are not assignable.
The permit application shall contain the following
information:
A.
The name, address and telephone number of the applicant
and owner.
B.
The name, address and telephone number of the restaurant.
C.
A copy of the license to serve alcoholic beverages.
D.
The number of tables and chairs desired for this dining
area and a drawing of the positions of tables relative to entrances
and exits.
E.
A survey map indicating property lines and the property
owned by the applicant.
F.
Any other information the Office of Code Enforcement
may find reasonably necessary for the fair determination as to whether
a permit should be issued.
G.
A copy of the site plan resolution approved by the
Joint Planning/Zoning Board of Adjustment. The site plan shall include
but is not limited to parking lot configuration, landscaping buffer,
fences or planters, location and screening of disposal facilities,
lighting intensity and other safety or aesthetic issues and any other
information as required by the Joint Planning/Zoning Board of Adjustment.
The Construction Code Official shall issue a
permit upon a finding that the applicant has met all applicable provisions
of this article and all applicable laws, including but not limited
to the New Jersey Uniform Construction Code, New Jersey Uniform Fire
Code and Borough ordinances.
A permit holder shall be bound by all applicable
rules, regulations, ordinances, local laws, statutes and conditions
of site plan approval.
The Construction Code Official shall be responsible
for monitoring compliance with the terms of this article and applicable
rules and regulations. The Construction Code Official shall have the
authority to suspend a permit upon the finding of a violation of any
applicable rule, regulation, ordinance, local law or statute. Upon
issuance, the permit holder shall post the permit on the establishment
and shall keep the same posted for the term of the permit.
Any permit holder who violates any of the provision
of this article shall, upon conviction thereof, be subject to a fine
not exceeding $500. Each day that such violation continues shall constitute
a separate violation. Any permit holder who violates the provisions
of this article or any other Borough ordinance three times in one
year shall have the permit revoked for one full year and shall not
be eligible for another permit until the expiration of one full year.
