Peapack Gladstone City Zoning Code
§ 23-40.19
Outdoor Dining.
[Ord. No. 966 § 2]
Outdoor dining shall mean the consumption of food and/or beverages on the premises of a restaurant or retail food establishment but outside the principal building. Outdoor dining is permitted in the VN Village Neighborhood Zone District as part of a permitted restaurant or retail food establishment, provided a zoning permit is first obtained from the Zoning Officer, and subject to the following conditions and requirements:
a.
Maximum Occupancy and Floor Plan. The maximum occupancy for an outdoor dining area shall be no greater than the occupancy that would be allowed pursuant to the Uniform Construction Code/2009 IBC Section 1004 if the area were enclosed. A flood plan showing the proposed table and chair layout consistent with the maximum occupancy shall be included with the application for a zoning permit.
b.
Compliance Inspection. Prior to the use of any area for outdoor dining pursuant to a permit issued by the Zoning Officer, the property owner or the entity operating the restaurant or retail food establishment shall request an inspection by the Zoning Officer who shall determine compliance with paragraph a above and other applicable regulations of the Borough of Peapack and Gladstone. No outdoor dining area shall operate without the approval of the Zoning Officer following the inspection required by this paragraph.
c.
Location in a Right-of-Way. Outdoor dining in a right-of-way shall be permitted subject to paragraphs a and b above provided that:
1.
A minimum clear space pathway of at least four (4') feet is maintained for pedestrian flow. This clear space pathway shall be subtracted from the area available for outdoor dining in calculating the maximum occupancy pursuant to paragraph a above.
2.
No appliances used to heat an outdoor dining area are permitted in a right-of-way.
3.
Outdoor dining areas in a Borough right-of-way shall meet the following requirements:
(a)
Outdoor dining may be prohibited temporarily at any time because of conflicts with the use of the right-of-way area, including, but not limited to, festivals, parades, marches, or repairs to the street, sidewalk or other infrastructure. Advance notice of the suspension of outdoor dining shall be provided to the extent possible.
(b)
The owner shall indemnify and hold the Borough and its agents and employees harmless from and against all claims, damages, losses, and expenses, including but not limited to attorneys fees, arising out of the operation of the outdoor dining area.
(c)
The owner shall have on file with the Borough Clerk a current Certificate of Insurance with respect to claims, damages, losses and expenses arising out of the operation of the outdoor dining area naming the Borough as an additional insured and having the following minimum coverages:
(1)
Commercial General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury and property damage liability; $1,000,000.00 personal injury and advertising injury and $2,000,000.00 general policy aggregate.
(2)
Excess Insurance/Umbrella: $5,000,000.00 each occurrence/ aggregate.
d.
Conduct of Outdoor Dining. Unless otherwise provided in an approving resolution governing such matters the following shall apply:
1.
Outdoor dining shall be permitted on the property only in the area designated on the floor plan provided to the Zoning Officer with the application for a zoning permit pursuant to paragraph a above.
2.
The grounds where outdoor dining is conducted shall be clean and free of litter.
3.
Outdoor lighting shall conform to the Standards of the Illuminating Engineering Society Handbook, most recent edition and the following standards:
(a)
General. No colored lighting is permitted.
(b)
Shielding. All lighting must be directed towards the outdoor dining area and away from adjoining properties.
(c)
Hours of Operation. All lighting in the outdoor dining area must be turned off at the end of the hours permitted for outdoor dining in paragraph 4 below.
4.
Hours for outdoor dining shall be between 7:00 a.m. and 11:00 p.m. from Sunday through Thursday and between 7:00 a.m. and 12:30 a.m. on Friday and Saturday. Outdoor dining areas shall be cleared at the end of the hours permitted for outdoor dining. Only tables, chairs, and umbrellas, and other temporary furnishings or equipment used in conjunction with the operation of an outdoor dining area may remain in the outdoor dining area after 11:00 p.m. from Sunday through Thursday and after 12:30 a.m. on Friday and Saturday.
5.
All appliances used to heat an outdoor dining area must be located consistent with the manufacturer's specifications for clearance.
e.
Site Plan. Except as provided in paragraph g below, site plan review and approval is required prior to the establishment of any outdoor dining area by any restaurant or retail food establishment and for any change in the physical area used for outdoor dining subsequent to the issuance of a zoning permit. Site plan approval is not required for outdoor dining in a right-of-way pursuant to paragraph c above.
f.
Inspection and Compliance. The Zoning Officer shall have the right to periodically inspect the outdoor dining premises to ascertain, compliance with the terms of this subsection and other applicable regulations of the Borough of Peapack and Gladstone. Any violation shall be grounds for the revocation of the zoning permit permitting outdoor dining.
g.
Previously Issued Zoning Permits. Any restaurant or retail food establishment that obtained a zoning permit for outdoor dining prior to the effective date of this subsection (adopted June, 12, 2012) shall comply with all of the conditions and requirements of this subsection except that site plan approval is not required unless there is a change to the physical area used for outdoor dining subsequent to the date on which the zoning permit was issued. Prior to the first use of the previously permitted outdoor dining area after the effective date of this subsection (adopted June 12, 2012), the permit holder shall obtain the inspection and approval required by paragraph b above.