Belleville City Zoning Code
§ 23-8.2A
Sidewalk Cafe.
[Amended 6-9-2020 by Ord. No. 3574; 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
a. FOOD SERVICE ESTABLISHMENT SIDEWALK SIDEWALK CAFE
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
A facility established primarily for the service of food and drink which shall include restaurants of all classes, bakeries, ice cream parlors, taverns and delicatessens.
That portion of the public easement which lies between the building line and the curb.
The use of partitioned sidewalk space beyond the building line to accommodate tables, chairs, and the serving of food and drink to patrons of a restaurant fronting on that space.
b.
Operation of a Sidewalk Cafe; Projection into sidewalks.
1.
No person may operate a sidewalk cafe without obtaining a license from the Department of Building and Construction pursuant to the procedures provided for herein.
2.
Sidewalk cafe tables and chairs may be located within the R-O-W sidewalk. Ample space shall be provided for sidewalk pedestrian traffic between the curb and the required fence partition. A minimum width of four feet of unobstructed sidewalk shall be provided.
3.
Prior to the issuance of a license, a Department of Building and Construction inspector will visit and measure the site, take photographs and gather such information as is necessary to fully inform the Departments as set forth herein.
4.
Pop-Up Exemption. Outdoor cafe space located on Belmont Avenue and Newark Avenue may opt to request the creation of a seasonal one or two parking space sized cafe seating area. This shall permit temporary use of the parking area in accordance with the requirements outlined in the cafe seating regulations and licensing identified below and also the requirements outlined in § 23-8.2B Pop-Up Cafe/Park Development Requirements.
5.
The required fence separation shall be of a decorative type. It need not be a formal fence. It may be a decorative barrier made of rope, chain, planters, or some other form of separation sufficient to identify the boundary between the public walkway and cafe seating area. The maximum height shall be 3.5 feet.
c.
Permitted Location.
1.
Sidewalk cafes shall only be permitted in front of a food service establishment that is permitted under the Township's zoning ordinances. Food service establishments seeking to expand a prior nonconforming use shall be required to obtain the appropriate variance from the Belleville Township Zoning Board of Adjustment. In those situations where a food service establishment is located on a corner, both street frontage sidewalk areas fronting the food service establishment may be used for the sidewalk cafe.
2.
All sidewalk cafes shall comply with the following regulations:
(a)
The sidewalk cafe area shall be partitioned by a three-sided, movable structure separating the sidewalk cafe from the public portion of the sidewalk, and which is no less than 30 inches in height and no more than 36 inches in height, providing one opening for entrance and exit which is no less than 42 inches in width and no more than 60 inches in width, and whose boundaries allow patrons and pedestrians to clearly ascertain the entrance and exit to the sidewalk cafe area.
(b)
All fence partitions shall be secured in place by means of drilling holes in the sidewalk for the insertion of fence partition posts so as to prevent encroachment of the pedestrian right-of-way.
(c)
All fence partitions shall be removed and all sidewalk holes shall be capped at the end of each business day and whenever the cafe is not in use.
(d)
In the Silver Lake Special District, the movable structures described herein shall be in keeping with the style of the building, District design guidelines and surrounding resources. The use of traditional fencing materials such as iron, steel, or other metals, in traditional forms, is encouraged. All partitions must be topped with a horizontal rail with no projections above it.
(e)
The sidewalk cafe may have an overhead covering consisting of either an individual umbrella over each table or a retractable awning covering all tables and chairs, and no part of the covering shall project over the partition or railing into the public sidewalk area; and umbrellas must be of sufficient height to allow free passage under them.
(f)
Alcoholic beverages, when permitted under this article, shall not be served or consumed on any sidewalk or any other public area which is outside the partitioned area of the sidewalk cafe.
(g)
All areas comprising the sidewalk cafe, including tables and chairs, shall remain clean and orderly at all times.
(h)
The number of patrons served in the sidewalk cafe shall be limited to the maximum number indicated on the sidewalk cafe permit. No persons other than those being served and restaurant personnel shall be within the sidewalk cafe area except for those persons passing through the sidewalk cafe area to enter or exit the restaurant proper.
(i)
No planters, flower boxes, menu stands and/or other decorative items are allowed to protrude outside the partition area in order to keep clear the pedestrian right-of-way.
(j)
No audio speakers may be placed outside of the food service establishment.
(k)
No advertising signs, banners, or menus shall be placed (on), draped, or attached to the fence partition.
d.
Permitted Months and Hours of Operation. Operation of sidewalk cafes shall be permitted from March 15 through November 30 inclusive, or on any day December 1 through March 14 that the temperature rises above 55° F. The hours of operation of sidewalk cafes shall be between 8:00 a.m. and 10:00 p.m., Sunday through Wednesday; 8:00 a.m. and 11:00 p.m., Thursday; and between 8:00 a.m. and 12:00 a.m., Friday and Saturday, except that no alcoholic beverages, when permitted under this section, shall be served in a sidewalk cafe before 12:00 p.m. on any day. License fee, term, maximum number of patrons, and application; approvals required; revocation; closure; hearing.
e.
The annual license fee for a sidewalk cafe shall be as provided:
1.
All licenses shall be renewable no later than March 31 of each year.
2.
The license shall indicate the maximum number of patrons to be served in the sidewalk cafe.
3.
The Department of Building and Construction Code shall issue such license upon being duly presented the application, together with plans and specifications detailing the sidewalk cafe area to be licensed, including number of patrons to be served, and adherence to all conditions set forth in this section as well as all applicable Township and State laws and regulations.
f.
The Township, through its duly authorized agent, shall revoke the license of any sidewalk cafe licensee who, upon the expiration of five days after receipt of notice from the Township or its agents of a violation of municipal or state law or any of the requirements set forth in this section, fails to cure the violation.
g.
The Township may require the immediate closure and removal of all sidewalk cafes or other projections or encumbrances upon any street, sidewalk or public easement which are improperly constructed or maintained, or which otherwise create a hazard to the public.
h.
Enforcement.
1.
The Department of Building and Construction Code shall have the authority to enforce this section.
2.
The applicant shall file with the Township Clerk and the Department of Building and Construction Code a certificate of liability insurance in the minimum amount of $1,000,000, naming the Township and its agents, servants, and employees as additional insureds, which policy shall be kept in full force during the operation of the sidewalk cafe. The policy of insurance must be occurrence based coverage.