[HISTORY: Adopted by the Board of Commissioners of the Township
of Tinicum 3-20-2006 by Ord. No.
796. Amendments noted where applicable.]
The outdoor cafe regulations as set forth in this article are
designed to permit those cafes in areas that they are appropriate
and promote and protect the public health, safety and general welfare.
Specific purposes of this legislation are:
As used in this chapter, the following terms shall have the
meanings indicated:
A deck or patio shall be an area surfaced with material such
as but not limited to wood or masonry; with walls or other appurtenance
extending not more than 48 inches above the surface of the deck or
patio; and constructed outside of the exterior walls of the principal
building, whether attached or unattached.
COMMERCIAL DECK OR PATIOIn addition to the above, commercial decks or patios shall comply with lot coverage and side and rear yard setback regulations as set forth in the applicable provisions of the Tinicum Township Code as well as the land development process. A commercial deck or patio shall be constructed only at the rear and/or side of the building. However, it shall not be constructed at the side of a building that faces a street but may be constructed at the rear of a building that faces a street. No commercial deck or patio shall be operated if within 150 feet of a residential use, as measured from the deck or patio to the residential property line. All decks or patios are limited to direct access from the first floor of the establishment only.
Those exterior facilities adjacent to and part of the establishments
selling food and/or drink, entirely located on private property, open
to the elements except for an awning and a wall, railing or fence
not exceeding 48 inches in height such as commercial decks and patios.
A.
Any request or application for a permit to operate an outdoor cafe
shall be made in the Township Office, in writing, on the application
form provided by the Zoning Officer.
B.
The request/application may, in the Zoning Officer's discretion,
contain the following information:
(1)
Name, address and telephone number of the applicant;
(2)
Name, address and telephone number of the restaurant to be the subject
of the application;
(3)
The days and hours for which the permit is requested;
(4)
If alcoholic beverages are to be served, proof that the applicant
has received permission from the Pennsylvania Liquor Control Board
for an extension of the retail license to cover additional premises;
(5)
Three sets of a proposed layout
plan prepared by a registered engineer containing scale drawings clearly
illustrating the number, types of material, color and location of
all tables, chairs, umbrellas and other furnishings or fixtures intended
to be located in the outdoor cafe. Scale drawings shall also illustrate
the following:
(a)
The location of any doors leading from the eating establishment
to the outdoor cafe. Such doors may not be obstructed in any manner.
(b)
The location of the place where any food or drink is tented
to be prepared.
(c)
Type and location of any proposed outdoor lighting fixtures.
(d)
No outdoor cooking of any type is permitted.
If the application complies with this chapter, the Zoning Officer
shall issue a permit strictly subject to the terms and conditions
of this chapter.
The permit is personal to the applicant and any change or transfer
of ownership of the facility with an outdoor cafe, shall terminate
the permit and shall require a new application and new permit in conformance
with all requirements of this chapter.
Acceptance of the permit by the applicant shall operate as a
consent to the health, fire, police and building officials of the
Township to inspect the outdoor cafe for continued compliance with
the terms and conditions of this chapter and any federal, state, county
or local law, ordinance or regulation affecting the same.
Any permit issued hereunder is issued solely as a revocable
permit which shall be subject to revocation or suspension by the Zoning
Officer for failure of any permittee to comply with this chapter or
for violation of any other applicable federal, state, county or municipal
law, regulation or ordinance. Any permit issued hereunder is issued
upon the express understanding that the permittee obtains no property
right hereunder, nor any interest in the continuation of said permit.
Appeals from the denial, suspension or revocation of a permit
issued hereunder may be taken to the Tinicum Township Board of Commissioners
by any aggrieved person's position within 30 days. Each appeal
shall refer to the specific, relevant provision of this chapter, explain
the aggrieved person's position with respect to the determination
being appealed and state the relief requested. Upon receipt of a written
appeal, the Tinicum Township Board of Commissioners shall conduct
a hearing thereon upon giving two weeks public notice of the time
and place of the hearing, and shall thereafter render its decision.
It shall be unlawful for any person to operate an outdoor cafe
after the suspension or termination of the applicable permit.
Each permittee is responsible for keeping the area of the outdoor
cafe free and clear of any debris or litter occasioned by the cafe.
Areas must be cleaned as needed and at the time of the business is
closed and at the beginning of each business day but no later than
9:00 a.m. each day.
All outdoor cafe permits shall be issued for the six-month period
commencing May 1 and ending October 31 of a particular year. Permits
may be renewed annually by the filing of an application in accordance
with the provisions of this chapter. The annual permit fee shall be
$100.
An outdoor cafe authorized and operating pursuant to this chapter
shall comply with all the following rules and regulations and such
other as may be adopted from time to time by resolution of the Board
of Commissioners of the Township of Tinicum:
A.
The outdoor cafe shall be operated and maintained in accordance with
the layout plan as finally approved.
B.
No food or drinks served at such outdoor cafe shall be prepared or
stored other than in the interior of the eating establishment.
C.
No music of any kind may be played on the outdoor premises.
D.
The outdoor cafe can be open for business between the hours of 9:00
a.m. and 11:00 p.m. All patrons must vacate the outdoor cafe no later
than 11:30 p.m.
E.
Noise shall be kept at such a level as to comply in all respects
with the provisions of the Code of Tinicum Township.
On or after the effective date of this chapter, any preexisting
outdoor cafe, deck or patio attached to a bar, tavern, restaurant
or other eating establishment may continue to be used in its present
location, provided no subsequent alteration, modification or addition
is made which would extend or alter the facility and its use.
For each and every violation of this chapter, the violator,
upon conviction by the Magisterial District Judge, shall be guilty
of a summary offense and subject to a fine of not more than $1,000;
loss, suspension or revocation of its permit; and/or imprisonment
for a term not to exceed 90 days.
