Lafayette City Zoning Code
§ 13-15.2
Outdoor Dining Ordinance.
[Ord. No. 2012-06 § 13-15.2; Ord. No. 2012-12]
a.
Outdoor dining areas are permitted as an accessory use for restaurants including fast food restaurants (collectively restaurant) subject to the following conditions:
1.
Permitted Areas. Outdoor dining areas shall be permitted on the same lot as an existing and legally operating restaurant in an area under the control of the restaurant. Outdoor dining shall be permitted so that the service and dining does not endanger or interfere with pedestrian traffic.
2.
Design Standards. Outdoor dining areas shall be designed to be architecturally compatible with the existing structures on the property. Fencing and screening should be consistent with the architecture of the restaurant.
3.
Limitation on Seating. Seating for outdoor dining shall not exceed 20 seats unless the applicant can demonstrate to the Township Code Enforcement Officer that more than 20 seats can reasonably be accommodated in the proposed outdoor dining area. In the event there is no indoor seating, the outdoor dining shall not exceed six seats.
4.
Location. Outdoor dining areas shall be located so as to minimize the impact upon adjacent property owners.
6.
Outside Food and Drink Preparation. No food preparation, preparation equipment or bars shall be permitted in the outside dining area, including heating or cooking of food on open flames.
7.
(Reserved)
8.
Noise. Outdoor noise and sound systems must comply with § 18-1 of the Lafayette General Ordinance.
9.
Lighting. The outside dining area must have adequate illumination during evening hours and comply with the lighting design standards appropriate to the zone.
10.
Alcoholic Beverages. Service of alcoholic beverages shall comply with Chapter 6 of the Lafayette General Ordinance.
11.
Maintenance. The outdoor dining area shall be maintained in accordance with Chapter 3 of the Lafayette General Ordinance. The outdoor dining area shall be maintained in an aesthetically appealing manner.
12.
Application for Permit. An application shall be filed annually with the Township Clerk on forms supplied by the Clerk. The forms shall require the following information and such additional information as deemed necessary for the Code Enforcement Officer to enforce this ordinance:
(a)
The name and address of the applicant.
(b)
The name and address of the restaurant requesting the permit.
(c)
Consent of the owner if other than the applicant.
(d)
The hours of operation for the outdoor dining area.
(e)
The initial payment of a permit fee in the amount of $50. The permit shall be renewed annually at a fee of $50. Permits are valid from January 1 through December 31.
(f)
An illustration showing seating capacity, the location of the proposed outdoor dining and the location of the restaurant, parking and nearby road or roads. All outdoor seating shall be located within the store front width or frontage that the seating services and not encroach on any adjoining store front. Outdoor seating may be located along the side of a store provided there is sufficient space to allow for pedestrian access and is subject to the discretion of the Code Enforcement Officer. All outdoor dining applications must include sufficient information as to the style and stability of the seating proposed.
(g)
The signature of the party who will be responsible for compliance with this subsection.
(h)
A review process to ensure the location and design selected for outdoor dining is appropriate so as to minimize impacts upon neighboring properties.
13.
Appeal. Any applicant who is denied approval of a permit may appeal the denial. The appeal, which shall be in writing, shall be mailed to the Clerk within five days of the denial. The Township Committee shall hear the appeal within 30 days of the Clerk's receipt of the appeal.
14.
Transferability. An outdoor dining permit may be transferred to a new owner or operator so long as there are no changes.
15.
Enforcement. This section shall otherwise be enforced by the Code Enforcement Officer but is not intended to limit enforcement by the Board of Health as to the Sanitary Code or any other appropriate entity.
16.
Hours of Operation. Hours of operation shall comply with § 18-1 of the Lafayette General Ordinance and be the same as the establishment's hours of operation.
17.
In the event three or more businesses located on the same tax lot make application for outdoor dining whether simultaneously or at different times, a revised site plan shall be required to be filed with the Lafayette Township Land Use Board, by the property owner, to consider all outdoor dining locations at the property.