[HISTORY: Adopted by the City Council of the City of Cape
May 3-18-2008 by Ord. No. 139-2008.[1]1 Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 324, Malls and Plazas, which consisted of the following: Art. I, Washington Street Mall, adopted by Ord. No. 440 (Sec. 22-1 of the 1997 Revised General Ordinances), amended in its entirety 4-18-2005 by Ord. No. 23-2005; and Art. II, Boardwalk Promenade Area, adopted by Ord. No. 570 (Sec. 22-8 of the 1997 Revised General Ordinances), amended in its entirety 4-18-2005 by Ord. No. 23-2005.
The regulations of this article shall apply to the Washington
Street Mall, including the 300 block of Washington Street bounded
on the north by Lyle Lane, on the south by Carpenters Lane, on the
east by Jackson Street, and on the west by Perry Street, and the 400
block of Washington Street Mall bounded on the north by Lyle Lane,
on the south by Carpenters Lane, on the east by Decatur Street, and
on the west by Jackson Street, and the 500 block of Washington Street
Mall bounded on the north by Lafayette Street, on the south by Carpenters
Lane, on the east by Ocean Street and on the west by Decatur Street.
The full width and the entire public right-of-way of all streets listed
above, including all intersections of the streets, shall be included
in the area covered by the regulations of this article and other applicable
ordinances of the City of Cape May.
The Washington Street Mall areas may be used by proprietors, owners or tenants of businesses abutting the area described in § 324-1, but subject to the conditions and limitations hereinafter set forth.
A.
The permitted area within the Mall must be enclosed by a black wrought
iron or aluminum fence selected from one of four preapproved styles.
Any awning supports must fall within the total permitted area and
be incorporated into the fence design.
B.
Only tables and chairs are permitted within the permitted Mall area.
No plants and flowers are permitted. Tables and chairs must be constructed
of metal, wood or resin. No vinyl tables and/or chairs will be permitted.
Tables and chairs must be black, hunter green, natural wood stain,
brushed or shiny aluminum. No other colors will be permitted.
A.
The width of the permitted Mall area will include property line to
property line in the front and rear of a building.
B.
No use shall be allowed closer than 15 feet to the center line of
the Mall and must not extend further than the inside edge of the bluestone
border in front of the building.
C.
Furniture shall be limited to dining tables and table chairs meeting
the following requirements:
(4)
Fencing location and installation.
(a)
Fencing and/or fence support systems shall be installed within
the inside of the permitted promenade area.
(b)
Fences shall be temporary in nature and installed in such a
way as to allow the fences to be removed. Any and all anchoring systems
shall be installed so as to be flush with the finished grade, to eliminate
any and all tripping hazards when the fence is removed.
(5)
Removal of furniture and fencing.
(a)
Furniture and fencing shall be removed within 14 consecutive
calendar days of the expiration of the patio permit regardless of
the time of year.
(b)
In all cases, furniture and fencing shall be removed on or before
December 1 and not reinstalled until March 1, following receipt of
a patio permit, in order to accommodate snow removal and maintenance
activities.
Plans drawn to scale must be submitted, each year, with the proposed usage described, for approval by the City Manager. All plans must include the number, color and types of tables and chairs and the style of fencing to be used to be used as required pursuant to § 324-4C, as well as the square footage of the proposed patio.
[Amended 4-22-2009 by Ord. 169-2009]
A.
Permit required. The owner or operator of each abutting establishment
which is involved in the sale of food and/or beverages who wishes
to use the available permitted Mall area as described in this article
must obtain a permit from the City Clerk. Such permit shall entitle
the applicant to a possessory interest of the permitted Mall area
for the full term of the permit. All establishments that qualify for
a permit under this chapter and satisfy all of the requirements and
conditions contained herein shall be issued a permit under this chapter;
provided, however, that if any establishment applying for a permit
did not have a permit prior to May 21, 2009 and also has a business
establishment adjacent to it that does not have a permit, no such
permit shall be issued until the following additional conditions are
satisfied:
(1)
The applicant shall provide the owner of the adjacent establishment(s)
with written notice of the application together with a copy of the
plan submitted in connection therewith, and shall provide a proof
of mailing to the City Clerk not less than 10 days after the submission
of the application.
(2)
The notice shall state that if there are any objections they shall
be submitted to the City Clerk within 10 days from the receipt of
the notice.
(3)
If no objections are filed within such 10-day period, the permit
shall be issued by the City Clerk without further notice.
(4)
If any objections are filed, the objecting person and the applicant
shall be notified of the date on which the application will be presented
to City Council, which must then conduct a hearing to determine whether
the permit should be issued and, if issued, whether there should be
any conditions. The standard of review by the City Council shall be
whether the permit will have any adverse effect on public health,
safety or welfare. The economic impact upon any competing or adjacent
business shall not be considered as a factor in the decision. Any
conditions placed upon the issuance of the permit shall continue year
after year until removed by a resolution of the City Council.
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A permit shall not be issued unless and until the plans and usage are approved as required by Section 324-5.
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B.
Authorization by property owner. A tenant or proprietor applying
for a permit must provide the City Clerk with a letter of authorization
from the property owner granting permission to the City Clerk to issue
the usage permit.
C.
Insurance. Each applicant must supply the City with a certificate
of insurance to hold harmless the City of Cape May, showing limits
of not less than $2,000,000 bodily injury and property damage, combined
single limit of liability; and for any establishments that are permitted
to sell alcoholic beverages, the applicant shall also provide for
liquor liability insurance with not less than $2,000,000 bodily injury
and property damage, combined single limit of liability. The City
of Cape May must be added to the liability insurance policy of the
permit applicant, as an additional insured. The policy or policies
of insurance must be with a company or companies authorized to do
business in the State of New Jersey and shall be delivered to the
City, with evidence of payment of premiums therefor, not less than
15 days prior to the commencement of any use authorized by an issued
permit.
D.
Hold harmless. Permit applicants must also agree to save, hold and
keep harmless and indemnify the City from and for any and all payments,
expenses, costs, attorney fees and from any and all claims and liability
for losses or damage to property or injuries to persons occasioned
wholly or in part by or resulting from any acts or omission by the
permit applicant or the permit applicant's agents, employees,
guests, licensees, invitees, assignees or successors, or for any cause
or reason whatsoever arising out of or by reason of the use by the
permit applicant and the conduct of the permit applicant's business
within that portion of the Washington Street Mall for which a permit
was issued to the respective applicant. An application by a permit
applicant pursuant to this section shall be deemed conclusive evidence
of the permit applicant's agreement to indemnify the City as
aforesaid.
E.
Annual permit fees. Each person seeking a permit shall pay an annual
fee. The permit year shall run from March 1 through November 30.
[Amended 5-20-2008 by Ord. No. 146A-2008]
(1)
Permit applicants whose premises are licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, shall pay an annual permit fee of $2.50 per square foot for each month (or fractional portion thereof) that the applicant uses the permitted Mall area.
(2)
Applicants whose premises are not licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, and who provide table service for their businesses, shall pay an annual permit fee of $1.50 per square foot for each month (or fractional portion thereof) that the applicant uses the permitted Mall area.
(3)
Applicants whose premises are not licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, and who do not provide table service for their businesses shall pay an annual permit fee of $1 per square foot for each month (or factional portion thereof) that the applicant uses the permitted Mall area.
(4)
All such fees shall be payable upon issuance for the year in which
the permitted Mall area will be opened for business based upon the
number of months that he/she intends to open the permitted Mall area
as designated by the applicant on the forms provided by the City Clerk.
If the permitted Mall area is opened for any months not designated,
an additional fee pursuant to § 324-6D(1) or (2) shall be
due and payable prior to the opening of the permitted Mall area in
such month.
A.
The permit described in § 324-6 shall be issued for the consumption of food and beverages only. No use shall be permitted after 11:30 p.m.
B.
No merchant operating a business for which a mercantile license is required under the City Code within the areas set forth in § 324-1 shall be permitted to operate or play outdoor music.
C.
Any establishment licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, must follow the appropriate procedure to complete an expansion of the licensed premises in order to serve alcoholic beverages within the permitted Mall area. No alcoholic beverages shall be permitted to be sold or consumed within the permitted Mall area, as described in § 324-1, until such time as the owner or operator has provided a revised alcoholic beverage license application depicting an expansion of the licensed premises to include the permitted Mall area and such application has been approved by a resolution of the City Council and accepted by the New Jersey Division of Alcoholic Beverage Control.
Each permit holder is responsible for keeping clean the area
described in the plans, in accordance with the local health ordinances.
The areas must be cleaned before business is closed at the end of
each business day and also at the beginning of each business day,
not later than 9:00 a.m. Cleaning shall include a thorough washing
to remove all food and debris. Wastewater must be removed and not
allowed to run off the premises.
Any new or replacement air conditioner installations must be
installed flush with the outside of the buildings. They must be shielded
to divert air flow upwards. Condensation drip shall not be permitted
to run onto the Mall and must be diverted into storm sewer lines.
All properties must have rain gutters, and all leaders must
be connected to available storm sewer lines, including drip lines
from air conditioners.
Any persons or organizations desiring to sponsor any activities
in the Mall must seek permission by applying, in writing, at least
30 days in advance, to the City Manager. The City Manager shall be
responsible for approving or denying the permission for the activity.
The thirty-day notice requirement may be waived by the City Manager
for good cause shown. In the event that permission is denied by the
City Manager, the person or organization has the right of appeal to
the City Council for reconsideration by providing written notice to
the City Clerk.
No vending machines of any kind are permitted on the exterior of any building in the area described in § 324-1.
No signs shall be permitted beyond the property line into the area except as permitted by the City's sign regulations set forth in § 525-48, Sign regulations, and all required permits shall have been received.
Awnings may be installed beyond the property line into the public Mall area described in § 324-1, subject to the following:
A.
Any applicant seeking approval to install or replace awnings shall
apply for a building permit from the Construction Official, setting
forth the specific location, dimensions and structural aspects of
the proposed awnings. Written approval by the owner of the building
shall be supplied with the application. The Construction Official
shall not issue any Mall awning permit without receiving prior written
approval from the City Manager, who is hereby authorized to review
and, if appropriate, approve Mall awnings after taking into account
such factors as impact on the public right-of-way, emergency access
and safety, customary activities, drainage, and Mall maintenance.
B.
Awnings and/or awning support systems shall not extend beyond the
inside edge of the bluestone border, with the inside edge being defined
as the edge closest to the building facade, and shall not be less
than eight feet high above the surface of the Mall, including hanging
fringes, shades or other material. Any poles, standards, or other
supports shall not be installed without the prior written approval
of the Construction Official and the City Manager, and shall not be
permanently affixed to the concrete surface of the Mall. Any such
attachment must be removed on or before December 1 and not reinstalled
until March 1, in order to accommodate City snow removal and maintenance
activities. When removed, the surface of the Mall pavement must be
smooth and level. Any weather protection materials used must be transparent
and cannot be permanent and shall be removed immediately upon order
of the Code Enforcement Officer.
C.
No lettering, logos or other advertising or identifying information shall be permitted on awnings except as permitted by the City's sign regulations set forth in § 525-48, Sign regulations.
D.
Each applicant for an awning permit and each owner, tenant or proprietor maintaining an awning over any portion of the Mall shall agree to the hold harmless and indemnification requirements set forth in § 324-6 above. The City Manager is authorized to require such assurances in writing upon proper notice.
E.
In emergencies or upon proper notice for any good cause, the City
Manager is authorized to require the removal of awnings from over
any portion of the public Mall right-of-way.
The regulations of this article shall apply to the Boardwalk
Promenade Plaza Area, located in the City of Cape May, County of Cape
May and State of New Jersey and being more particularly described
as follows: that area bordered on the north by the southerly sideline
of Beach Avenue, bordered on the south by the Atlantic Ocean, bordered
on the east by the easterly terminus of the Promenade between Madison
and Philadelphia Avenues, bordered on the west by the westerly terminus
of the Promenade at Third Avenue.
The Boardwalk Promenade area may be used by proprietors, owners or tenants of permanent structures in existence as of July 1, 1993, within the area described in § 324-16, but subject to the conditions and limitations hereinafter set forth.
[Amended 4-22-2009 by Ord. No. 169-2009]
A.
The permitted Promenade area must be enclosed by a wood fence with
a maximum of 36 inches. Any awning supports must fall within the total
permitted Promenade area and be incorporated into the fence design.
B.
Only tables and chairs are permitted within the permit area; no plants
and flowers are permitted.
C.
Fencing location and installation.
(1)
Fencing and/or fence support systems shall be installed within the
inside the permitted Promenade area.
(2)
Fences shall be "temporary" in nature and installed in such a way
as to allow the fences to be removed. Any and all anchoring systems
shall be installed so as to be flush with the finished grade, to eliminate
any and all tripping hazards when the fence is removed.
D.
Removal of furniture and fencing.
(1)
Furniture and fending shall be removed within 14 consecutive calendar
days of the expiration of the patio permit regardless of the time
of year.
(2)
In all cases, furniture and fencing shall be removed on or before
December 1 and not reinstalled until March 1, following receipt of
patio permit in order to accommodate snow removal and maintenance
activities.
Plans drawn to scale must be submitted, and the proposed usage
described, and then approved each year by the City Manager.
[Amended 4-22-2009 by Ord. No. 16-2009]
A.
Permit required. The owner or operator of each abutting establishment
which is involved in the sale of food and/or beverages who wishes
to use the available permitted Promenade area as designed in this
article must obtain a permit from the City Clerk. Such permit shall
entitle the applicant to a possessory interest of the permitted Promenade
area for the full term of the permit. All establishments that qualify
for a permit under this chapter and satisfy all of the requirements
and conditions contained herein shall be issued a permit under this
chapter, provided, however, that if any establishment applying for
a permit did not have a permit prior to May 21, 2009 and also has
a business establishment adjacent to it that does not have a permit,
no such permit shall be issued until the following additional conditions
are satisfied:
(1)
The applicant shall provide the owner of the adjacent establishment(s)
with written notice of the application together with a copy of the
plan submitted in connection therewith, and shall provide a proof
of mailing to the City Clerk not less than 10 days after the submission
of the application.
(2)
The notice shall state that if there are any objections they shall
be submitted to the City Clerk within 10 days from the receipt of
the notice.
(3)
If no objections are filed within such 10 days period, the permit
shall be issued by the City Clerk without further notice.
(4)
If any objections are filed, the objecting person and the applicant
shall be notified of the date on which the application will be presented
to City Council, which must then conduct a hearing to determine whether
the permit should be issued and, if issued, whether there should be
any conditions. The standard of review by the City Council shall be
whether the permit will have any adverse effect on public health,
safety or welfare. The economic impact upon any competing or adjacent
business shall not be considered as a factor in the decision. Any
conditions placed upon the issuance of the permit shall continue year
after year until removed by a resolution of the City Council.
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A permit shall not be issued unless and until the plans and usage are approved as required by Section 324-20.
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B.
Authorization by property owner. A tenant or proprietor applying
for a permit must provide the City Clerk with a letter of authorization
from the property owner granting permission to the City Clerk to issue
the usage permit.
C.
Insurance. Each applicant must supply the City with a certificate
of insurance to hold harmless the City of Cape May, showing limits
of not less than $2,000,000 bodily injury and property damage, combined
single limit of liability; and for any establishments that are permitted
to sell alcoholic beverages, the applicant shall also provide for
liquor liability insurance with not less than $2,000,000 bodily injury
and property damage, combined single limit of liability. The City
of Cape May must be added to the liability insurance policy of the
permit applicant, as an additional insured. The policy or policies
of insurance must be with a company or companies authorized to do
business in the State of New Jersey and shall be delivered to the
City, with evidence of payment of premiums therefor, not less than
15 days prior to the commencement of any use authorized by an issued
permit.
D.
Hold harmless. Permit applicants must also agree to save, hold and
keep harmless and indemnify the City from and for any and all payments,
expenses, costs, attorney fees and from any and all claims and liability
for losses or damage to property or injuries to persons occasioned
wholly or in part by or resulting from any acts or omission by the
permit applicant or the permit applicant's agents, employees,
guests, licensees, invitees, assignees or successors, or for any cause
or reason whatsoever arising out of or by reason of the use by the
permit applicant and the conduct of the permit applicant's business
within that portion of the Boardwalk Promenade area for which a permit
was issued to the respective applicant. An application by a permit
applicant pursuant to this section shall be deemed conclusive evidence
of the permit applicant's agreement to indemnify the City as
aforesaid.
E.
Annual permit fees. Each person seeking a permit shall pay an annual
fee. The permit year shall run from March 1 through November 30.
[Amended 5-20-2008 by Ord. No. 146A-2008]
(1)
Permit applicants whose premises are licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, shall pay an annual permit fee of $2.50 per square foot for each month (or fractional portion thereof) that the applicant uses the permitted Promenade area.
(2)
Applicants whose premises are not licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, and who provide table service for their businesses, shall pay an annual permit fee of $1.50 per square foot for each month (or fractional portion thereof) that the applicant uses the permitted Promenade area.
(3)
Applicants whose premises are not licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, and who do not provide table service for their businesses shall pay an annual permit fee of $1 per square foot for each month (or fractional portion thereof) that the applicant uses the permitted Promenade area.
(4)
All such fees shall be payable upon issuance for the year in which
the permitted Promenade area will be opened for business based upon
the number of months that he/she intends to open the permitted Promenade
area as designated by the applicant on the forms provided by the City
Clerk. If the permitted Promenade area is opened for any months not
designated, an additional fee pursuant to § 324-21D(1) or
(2) shall be due and payable prior to the opening of the permitted
Promenade area in such month.
A.
The permit described in § 324-21 shall be issued for the consumption of food and beverages only. No use shall be permitted after 11:00 p.m.
B.
No merchant operating a business for which a mercantile license is required under the City Code within the areas set forth in § 324-16 shall be permitted to operate or play outdoor music.
C.
Any establishment licensed for the sale of alcoholic beverages pursuant to Chapter 134, Alcoholic Beverages, must follow the appropriate procedure to complete an expansion of the licensed premises in order to serve alcoholic beverages within the permitted Promenade area. No alcoholic beverages shall be permitted to be sold or consumed within the permitted Promenade area, as described in § 324-16, until such time as the owner or operator has provided a revised alcoholic beverage license application depicting an expansion of the licensed premises to include the permitted Promenade area and such application has been approved by a resolution of the City Council and accepted by the New Jersey Division of Alcoholic Beverage Control.
Each permit holder is responsible for keeping clean the area
described in the plans, in accordance with the local health ordinances.
The areas must be cleaned before business is closed at the end of
each business day and also at the beginning of each business day,
not later than 9:00 a.m. Cleaning shall include a thorough washing
to remove all food and debris. Wastewater must be removed and not
allowed to run off the premises.
Any new or replacement air conditioners installations must be
installed flush with the outside of the buildings. They must be shielded
to divert air flow upwards. Condensation drip shall not be permitted
to run onto the Boardwalk Promenade and must be diverted as required
by the City Manager.
All properties must comply with such rules and regulations as
may be established with respect to roof run off, drip lines from air
conditioners and related drainage matters.
Any persons or organizations desiring to sponsor any activities
in the Promenade must seek permission by applying, in writing, at
least 30 days in advance, to the City Manager. The City Manager shall
be responsible for approving or denying the permission for the activity.
The thirty-day notice requirement may be waived by the City Manager
for a good cause shown. In the event that permission is denied by
the City Manager, the person or organization has the right of appeal
to the City Council for reconsideration by providing written notice
to the City Clerk.
No vending machines of any kind are permitted on the exterior of any building in the area described in § 324-16.
No signs shall be permitted beyond the property line into the area except as permitted by the City's sign regulations set forth in § 525-48, Sign regulations, and all required permits shall have been received.
Awnings may be installed beyond the property line into the public Promenade area described in § 324-16, subject to the following:
A.
Any applicant seeking approval to install or replace awnings shall
apply for a building permit from the Construction Official, setting
forth the specific location, dimensions and structural aspects of
the proposed awnings. Written approval by the owner of the building
shall be supplied with the application. The Construction Official
shall not issue any Boardwalk Promenade awning permit without receiving
prior written approval from the City Manager, who is hereby authorized
to review and, if appropriate, approve Boardwalk Promenade awnings
after taking into account such factors as impact on the public right-of-way,
emergency access and safety, customary activities, drainage, and Boardwalk
Promenade maintenance.
B.
Awnings shall not extend more than 10 feet in depth from the face of the building and shall not be less than eight feet high above the surface of the Boardwalk Promenade, including hanging fringes, shades or other material. Any poles, standards, or other supports shall not be installed without the prior written approval of the Construction Official and the City Manager, and shall not be permanently affixed to the concrete surface of the Boardwalk Promenade. Any awnings which are included within a permitted Promenade area, in conformance with this article, must additionally meet the requirements of § 324-19. Any such attachment must be removed on or before December 1 and not reinstalled until March 1, in order to accommodate City snow removal and maintenance activities. When removed, the surface of the Boardwalk Promenade pavement must be smooth and level. Any weather protection materials used must not be permanent and shall be removed immediately upon order of the Code Enforcement Officer.
C.
No lettering, logos or other advertising or identifying information shall be permitted on awnings except as permitted by the City's sign regulations set forth in § 525-48, Sign regulations.
D.
Each applicant for an awning permit and each owner, tenant or proprietor maintaining an awning over any portion of the Boardwalk Promenade shall agree to the hold harmless and indemnification requirements set forth in § 324-21 above. The City Manager is authorized to require such assurances in writing upon proper notice.
E.
In emergencies or upon proper notice for any good cause, the City
Manager is authorized to require the removal of awnings from over
any portion of the public Boardwalk Promenade right-of-way.
