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Hopewell City Zoning Code

§ 12-5.5

Regulations Applicable to Outdoor Dining Areas.

[Ord. 217, Art. II, S 203; Reserved by Ord. 480, S 1; Ord. 744; Ord. No. 778]
a. 
A minimum space of at least four feet of unrestricted pedestrian pathway shall be maintained at all times so as not to interfere with, impede, slow, divert or in any way prevent pedestrians from freely passing along the sidewalk, or ingress and egress to the establishment, at any time.
b. 
Outdoor dining areas shall not block any municipal sign, public bench, planter, fire hydrant or any other public amenity.
c. 
Outdoor dining furniture shall be constructed of weather resistant and durable materials consisting of wood, metal, or durable commercial grade resin/plastics.
d. 
Outdoor furniture shall be able to sustain typical wind gusts. In the event of unusually strong inclement weather, furniture shall be secured or moved to a secure place.
e. 
Outdoor dining tables, chairs, umbrellas and any other decorative material shall be fire-retardant or manufactured of fire-resistant material.
f. 
Food preparation, storage, cooling or refrigeration, or associated equipment, is prohibited within the outdoor dining area.
g. 
Additional lighting related to outdoor seating is prohibited.
h. 
Additional signage related to outdoor seating is prohibited.
i. 
External sound systems are prohibited for the outdoor dining area.
j. 
Outdoor dining area shall be maintained in good repair and in a safe, clean and sanitary condition free of accumulated debris, waste, water and other obstructions or hazards.
k. 
Outdoor dining furniture shall be removed completely and stored indoors or off site at the end of the outdoor dining season, which runs from March 1st to November 1st annually, or whenever outdoor dining is not being provided.
l. 
Outdoor dining shall be located on the same lot as the principal use.
m. 
Outdoor dining seating and tables must be placed on a level area with sufficient space between the furniture to allow for efficient use and safe movement of staff and patrons.
n. 
The maximum number of seats shall be determined by the planning board at the time of application either for site plan or site plan waiver. Seating evaluation will be based on site capacity and design, parking demand and availability, and the adopted plumbing subcode for adequate facilities.
o. 
Auxiliary patio heaters must conform to UCC fire regulations and shall be limited to propane, natural gas or electrical type only. Auxiliary patio heaters shall be subject to all conditions set forth in a, b, c, d, e and k above.