In districts where outdoor seating for food and beverage service
establishments is an allowable use (TCVD, BDD, TCDD, DMRD), the following
standards apply:
A. Any outdoor seating area shall be clearly defined by some physical
partition, including, but not limited to: permanent enclosure such
as fencing or knee walls; or temporary/seasonal enclosure by means
of planters or other movable barriers.
B. The outdoor dining seating area shall be no greater than 50% of the
interior seating, inclusive of 30% of any bar seating.
C. Any signage or advertising shall be table-top only.
D. Any lighting of outdoor seating areas shall be configured so that
all fixtures are downcast and illumination is contained entirely within
the seating area. The height of any fixtures shall be not greater
than eight feet. Lighting shall not be permitted that creates glare
for adjoining residential properties or vehicular travel rights-of-way.
E. Where outdoor amplified sound is proposed for an outdoor seating
area (e.g., live or recorded music performance), such amplified sound
shall only take place between the hours of 11:00 a.m. and 10:00 p.m.
In areas where residential properties directly abut the food and beverage
service establishment, hours shall be limited to between 11:00 a.m.
and 9:30 p.m. All amplification devices (speakers, etc.) shall be
directed to contain the sound within the outdoor seating area, to
the greatest extent possible.
F. Where outdoor seating is proposed in an area normally reserved for
parking spaces, the following additional standards apply:
(1)
For a parking area under the same ownership as the food and
beverage service establishment, any amount of the parking area may
be used, with the exception of required handicapped parking spaces,
bicycle parking, EV charging stations or spaces otherwise reserved
for specific uses (e.g., deeded parking spaces for rental units or
offices in a multi- use development).
(2)
For a parking area not under the same ownership as the food
and beverage establishment, a signed, notarized letter from the owner
of the parking area expressly giving permission for the use of the
area for outdoor seating shall accompany the application. A private
owner may impose stricter conditions upon the use of the parking area
than those stipulated in these regulations.
(3)
For a municipally owned parking area, the applicant shall seek
permission from the Town of Thompson Select Board, at a regular meeting
of that Board. A record of the granting of such permission, in the
form of a copy of the relevant meeting minutes, shall accompany the
application.
G. Where an outdoor seating area is proposed in direct proximity to
a public sidewalk or other pedestrian right-of-way, the outdoor seating
area shall not obstruct the use of such right-of-way; nor shall the
outdoor seating area compromise the physical accessibility standards
of the Americans with Disabilities Act.
H. For a food and beverage service establishment which only operates seasonally (e.g., ice cream shop), the limitations described in §
275-14.9B shall be waived.