As used in this article, the following terms shall have the
meaning indicated:
DOMES/IGLOOS
Coverings utilized for outdoor dining to protect diners from
the elements.
FOOD OR BEVERAGE SERVICE ESTABLISHMENT
An establishment that serves any combination of food and/or
beverages but is not considered a restaurant, such as a deli, coffee
shop, ice cream shop, etc.
OBSTRUCTION
Any tree, trash receptacle, street curb, parking meter, newspaper
box, street sign or basement entry hatch lying within the area of
the outdoor dining.
OUTDOOR DINING
An accessory use to a restaurant as defined herein which also is characterized by the following and in accordance with §
215-70.
A.
The consumption of food by the public at tables located outside
of the restaurant on a patio, deck or within that more or less rectangular
portion of the sidewalk which lies within the area bounded by the
public street, the principal facade, and the imaginary perpendicular
lines running from the outer edge of such principal facade to the
public street; and
B.
Containing readily removable tables, chairs, umbrellas, temporary
railings, barriers and/or planters, and can accommodate seven or more
people; and
C.
Unenclosed by fixed walls or ceilings, excepting fences, landscaping
walls less than four feet in height, retractable awnings, removable
barriers, umbrellas, or other nonpermanent enclosures.
OUTDOOR SEATING
An accessory use to a food or beverage service establishment
that provides an outdoor location for patrons to sit; however, does
not include table service but can accommodate seven or more people.
PERMITTED ZONE
Outdoor dining and outdoor seating shall be permitted accessory
uses to a permitted restaurant or food or beverage service establishment
in the Historic District Zone and East Business Zone as defined in
the Mendham Borough "Land Use Ordinance" and as shown on the Zoning
Map of the Borough of Mendham.
PERSON
Any individual, partnership, corporation, limited liability
company, association, or other entity.
PRINCIPAL BUILDING
The building whose principal facade fronts on the sidewalk
or adjacent to where the outdoor dining or outdoor seating is proposed
to be located. The "principal facade" shall be the face of the principal
building facing the street right-of-way.
RESTAURANT
An establishment located within the principal building, the
primary activity of which is the preparation of food or sale of prepared
food for consumption by the public on its premises.
SERVICE ITEMS
All dishes, utensils, containers, tablecloths, napkins, cutlery,
and other items used in the operation or decoration of the outdoor
dining area.
SIDEWALK
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building line to the curb
of any street (excluding therefrom any unpaved area).
No outdoor dining permit shall be issued unless the permit holder
shall have first filed with the Municipal Clerk and a copy of an insurance
policy or certificate of insurance, issued by a company duly authorized
to transact business under the laws of this state, providing for the
payment of not less than $ 500,000 to satisfy all claims for damage
by reason of bodily injuries to, or the death of, any person as a
direct result of the operation of the outdoor dining or for injury
to any person occurring on the premises occupied by such cafe, and
further providing for the payment of not less than $ 10,000 to satisfy
all claims for property damage occurring as a direct or indirect result
of the operation of such outdoor dining and naming the Borough of
Mendham as an additional insured.
No outdoor dining or outdoor seating permit shall be issued
unless the permit holder shall have first executed with the Municipal
Clerk an indemnification agreement pursuant to which the permit, in
further consideration of the issuance of the permit, shall agree to
forever defend, protect, indemnify and save harmless the Borough of
Mendham, its officers, agents and employees, from, and against, any
and all claims, causes of action, injuries, losses, damages, expenses,
fees and cost arising out of, or which may arise out of, the permit
holder's operation of such an outdoor dining area or outdoor
seating area.
The fees for an outdoor dining permit shall be as set forth in Chapter
102, Fees and Rates, of the Borough Code.
All outdoor dining or outdoor seating permits shall be issued for the period commencing March 1 and ending November 30 (inclusive) of a particular year. Permits may be renewed by filing of an application in accordance with the provisions of §
215-77. If a permit renewal is denied by the Zoning Officer, the applicant may file an appeal with the Zoning Board.
An outdoor dining or outdoor seating area authorized and operating
pursuant to this article shall comply with all of the following regulations
and specifications and such others as may be adopted from time to
time by the Borough Council of the Borough of Mendham.
A. The outdoor dining or outdoor seating area shall be operated and
maintained in conformance with the layout plan as finally approved.
B. Igloos/domed seating shall be permitted as part of the outdoor seating
furniture and shall be counted as an accessory furnishing and not
a separate structure.
C. No furniture, apparatus decoration or appurtenance, or any other
obstruction shall be placed within 50 feet of any fire hydrant, plug
or standpipe without the specific written authorization of the fire
official; and
D. No furniture, apparatus, decoration, appurtenance used in connection
with the operation of the outdoor dining area or outdoor seating area
shall be located in such a way as to impede the safe and efficient
ingress and egress to or from any building or structure. At least
four feet of unobstructed walkway shall be provided for access from
any door or opening on the business facade to the street.
E. The maximum outdoor seating capacity shall not increase the total
seating capacity (inside and out) of the eating establishment by more
than 20%. The outdoor seating may exceed 20% of the indoor capacity
when an equal number of indoor seats are taken out of service. For
food or beverage service establishments that have no indoor seating,
up to 12 seats may be added for an outdoor seating area. All establishments
must provide for a minimum six-foot distance between tables and adjust
the number of outdoor seats allowed accordingly.
F. No furniture, apparatus, decoration, or appurtenance used in connection
with the operation of the outdoor dining area or outdoor seating area
shall be located in such a way that less than four feet of paved sidewalk
unobstructed remains open for the exclusive use of pedestrians (the
"required pedestrian passageway"), nor shall any such furniture, apparatus,
decoration, or appurtenance project or protrude into, on or above,
the required pedestrian passageway. All outdoor dining areas (not
required for outdoor seating areas) shall have visually appealing
portable barriers or planters not less than three feet nor more than
four feet in height which shall be placed around the outdoor dining
area on the sidewalk to define the cafe areas and the unobstructed
pedestrian passageway. If the outdoor dining area is not on a sidewalk,
a fence or barrier that conforms to the Borough's ordinances
shall be permitted.
G. Service items shall be made of nondisposable and reusable materials;
provided, however that upon a showing of need by the applicant and
of adequate provision of outdoor waste receptacles for the disposal
of disposable and nonreusable materials, an outdoor dining or outdoor
seating permit may provide for the use of disposable and nonreusable
items. The furniture to be used in the operation of the outdoor dining
area shall be made of durable materials and tables shall be of adequate
size to serve the patrons of the outdoor dining area.
H. The outdoor area utilized by the outdoor dining or outdoor seating
shall be kept clean and free of litter. Sidewalks/patios shall be
washed daily, if needed, and as permitted by weather, and trash receptables
shall be provided as required and approved from time to time by the
Borough.
I. Outdoor lighting shall be in accordance with the requirements of §
195-47 of the Borough Code and shall adhere to the following standards:
(1) Only white lighting is permitted.
(2) All lighting must be directed towards the outdoor dining area or
outdoor seating area and away from adjoining properties and vehicular
traffic.
(3) All lighting exclusively lighting the outdoor dining area or outdoor
seating area must be turned off when the outdoor dining area is closed.
J. Noise shall be kept at such a level as to comply with all aspects
of the provisions of the NJ State Noise Control Act (N.J.A.C. 7:29-1
et seq.).
K. Outdoor dining areas or outdoor seating areas shall be permitted
to operate only with a permit granted pursuant to this article and
only from 7:00 a.m. until 10:00 p.m. Sunday through Thursday and 7:00
a.m. to 11:00 p.m. Friday and Saturday. Outdoor dining shall be permitted
to operate from March 1 through November 30 (inclusive) of a particular
year. Outdoor seating shall be permitted to operate year round.
L. Within 30 minutes after the closing of the restaurant or service
establishment, the operator shall have all furniture, apparatus, decorations,
barriers, planters and appurtenances and any other items used in connection
with the operation of such outdoor dining removed from any sidewalk.
Outdoor enclosed patios may maintain sturdy furniture overnight, however
other movable items such as umbrellas, bus areas, etc. shall be safely
secured.
M. One outdoor menu display is permitted, not to exceed three square
feet.
N. The outdoor dining area or outdoor seating area shall be operated
and maintained by the same person who operates and maintains the related
restaurant or service establishment to which the outdoor dining or
outdoor seating is an accessory use.
O. The operator shall comply with all ordinances of the Borough of Mendham,
however outdoor dining shall be exempt from site plan review and parking
requirements.
P. Notwithstanding anything to the contrary in this article or any other
laws and ordinances of the Borough but subject to review and approval
of the Borough Zoning Officer, a person may be permitted to display
the name of the establishment operating the outdoor dining or outdoor
seating area on umbrellas to be used at the outdoor dining area or
outdoor seating area.
Q. Fire pits and LP-gas fire pits are not permitted within any sidewalk
area. LP-gas mushroom- or pyramid-type heaters are permitted, subject
to the requirements of the New Jersey Unform Fire Code, but shall
not be used in buildings, including tents, or partially covered canopy-type
enclosures, foyers, and enclosed courtyards. For LP-gas mushroom-type
heaters, the minimum safety instructions are, but not limited to,
the following:
(1) The mushroom- or pyramid-type heater unit shall not be left unattended.
(2) The unit shall be placed on a hard and level surface.
(3) The unit's LP-gas tank shall be turned off when the heater is
not in use.
(4) The unit shall not be used if wind velocity is greater than 10 mph
to prevent flame-out.
(5) LP-gas maximum inlet pressure shall meet the manufacturer's
recommendations.
(6) After the use, the heater unit shall meet the manufacturer's
recommendations.
(7) The unit shall only be used outdoors in a well-ventilated area.
(8) The unit shall not be handled while in use.
(9) The unit shall be so placed as to keep children away.
(10)
The units shall be placed at least five feet from any flammable
materials, such as carpet, drapes, decorations, chemicals, paper goods,
furniture, etc.
(11)
Units shall be sufficiently anchored so as to prevent accidental
tip-over.
(12)
Units shall be sufficiently cordoned-off as to prevent casual
contact by the public.
(13)
Unit hook-up may require the use of a suitable crescent or box-end
wrench only.
(14)
Tanks shall be stored five feet from any doorway or building
opening.
R. Compliance with all such rules, regulations, and specifications to
be ensured and confirmed by the Code Enforcement Officer, Borough
Official, or their designee.
Notwithstanding anything to the contrary contained in this article
or any other laws and ordinances of the Borough of Mendham, the Zoning
Officer may issue permits to operate outdoor dining or outdoor seating
which may otherwise vary from certain of the other requirements of
this Article. All outdoor dining and seating will be allowed only
in permitted zones along Main Street and Hilltop Road. The issuance
of such permits shall be on terms and conditions as the Zoning Officer
may deem fit and may include, but shall not be limited to, the following
situations: (a) the issuance of permits to establishments that are
not situated in the permitted zone; (b) the issuance of permits to
establishments which may not be deemed to be restaurants, but are
deemed permitted and approved food or beverage establishments or restaurants
under this article; (c) the inclusion of certain private property
as part of a particular outdoor dining area; and (d) the establishment
of hours of operation which may differ from the requirements otherwise
set forth in this article.
Notwithstanding anything to the contrary contained in this article
or any other laws and ordinances of the Borough of Mendham, the Borough
may temporarily suspend an outdoor dining or outdoor seating permit
in the event of emergency or for other reasons or purposes including,
but not limited to, the facilitation of Borough-sponsored events.
Any person convicted of violation of this article shall be subject
to a fine not to exceed $500. Each violation of a section or subsection
of this article, and each day that a violation continues shall constitute
a separate offense.