The following terms apply to this article.
OUTDOOR CAFE
Any food establishment where food and other refreshments
are served or consumed within the public right-of-way, i.e., the sidewalks
immediately in front of any food establishment, cafe, or place of
business where food and/or other refreshments are served, or where
permitted on private property. One retail food service window or doorway
is permitted for dispensing of ice cream or similar confectionary
products in accordance with the requirements of the outdoor dining
development regulations herein. The permitting of such a window or
doorway shall be in accordance with the permitted uses of the zone
where located and does not imply permission of a specific use in a
zone.
[Amended 5-15-2012 by Ord. No. 12-09]
SIDEWALK
That area of the public right-of-way reserved for pedestrian
traffic between the curb and the front line of a building.
[Amended 11-20-2007 by Ord. No. 07-20; 5-15-2012 by Ord. No. 12-09; 7-16-2013 by Ord. No. 13-18; 6-17-2014 by Ord. No. 14-11]
The following regulations apply to outdoor dining in the Borough:
A. A minimum four-foot-wide area of unobstructed paved surface will
be available for pedestrian movement around or through the outdoor
cafe.
B. No food or drink shall be prepared or stored other than in the interior
of the eating establishment.
C. Outdoor cafes shall be permitted to operate from April 1 to November
30 in any calendar year. The permit, when issued, shall be subject
to a renewal each year by the Zoning Officer.
D. No tables, chairs or other equipment shall be attached, chained or
in any manner affixed to any tree, post, sign, curb or sidewalk, or
property of the Borough.
E. No outdoor loudspeaker, public address system, radio or similar device
shall be utilized.
F. No outdoor cafe shall be open for business prior to 6:30 a.m., nor
remain open for business after 11:00 p.m. All persons occupying the
outdoor cafe shall vacate the same no later than 11:30 p.m.
G. The applicant shall remove all chairs and other equipment from the
sidewalk within 30 minutes of the time in which the outdoor cafe is
vacated at the end of each business day.
H. The Borough shall not require additional parking for outdoor cafe
seating.
I. Tables shall be arranged so that the side of each table shall be
sited as close as practical to the adjacent wall of the food establishment
it is associated with, provided that in no event shall the establishment
be allowed more than one table and four chairs for every five feet
of storefront of the facility requesting outdoor dining. Benches may
be installed in place of tables and chairs, provided that the back
of the bench shall abut the wall of the food establishment it is associated
with, and further provided that in no event shall the food establishment
be allowed benches that exceed the number of seats as permitted in
this section, based on a standard that equates 24 inches of seat length
to one seat.
J. Tables shall be limited to four-seat tables. The maximum permitted
depth of the table, as measured from the nearest wall it abuts, shall
be 40 inches.
K. The applicant shall be responsible for keeping the area of the outdoor
cafe and the adjacent walks and streets free and clear of any debris
or litter occasioned by the cafe. Areas must be cleaned as needed
and at the time that business is closed for the evening.
L. No signs shall be permitted in the area of the outdoor cafe except for signs on the awnings complying with Article
XIX, Sign Regulations, of this chapter of the Code of the Borough of Westwood.
M. No carts or other physical features, other than those which are specifically
permitted herein, shall be permitted to be placed within the sidewalk
area.
N. Table umbrellas are permitted for outdoor cafes on sidewalks, subject
to the following:
(1)
Umbrellas for outdoor cafes, as regulated herein, shall be permitted
only in the CBD District and the CBD/SPE District.
(2)
Umbrellas shall only be permitted at the permitted outdoor cafe
tables, and the number of umbrellas shall be no more than the number
of tables permitted.
(3)
The size of the umbrella shall allow at least a vertical clearance
under the umbrella of six feet eight inches. The width of the umbrella
and its placement shall be such as to leave a four-foot-wide unobstructed
path of sidewalk parallel to the curb across the entire frontage of
the property in question.
(4)
All umbrellas shall be vented and properly secured with pins
or bolts through the table framework, with weighted umbrella stands
of at least 20 pounds directly beneath the table to prevent toppling
in high winds.
(5)
Umbrellas shall not be illuminated, and signs are only permitted
on the valance of the umbrella.
(6)
The maintenance and daily removal of umbrellas shall be in conformance
with the standards of this article.
O. A moveable barrier to define the dining space shall be required.
P. Smoking shall be prohibited in any outdoor dining space.
Q. All establishments holding a valid liquor license must comply with
all statutory provisions and regulations of the Alcoholic Beverage
Control Commission and obtain any and all necessary licenses and/or
permits pursuant thereto in order to serve alcohol in conjunction
with an outdoor dining permit.
R. The consumption of alcoholic beverages on public sidewalks for BYOB establishments is regulated by Chapter
87 of this Code.