Rumson City Zoning Code
§ 22-7.37
Outdoor Cafe.
[Ord. No. 08-011D, § 1]
a.
General.
1.
Outdoor cafes shall be located on the subject property and shall not be located within any right-of-way, easement, sidewalk, driveway and/or parking area. Outdoor cafes shall be located on an improved surface and shall not be located on any lawn area or within any improved parking area.
2.
Legally existing restaurants shall be permitted to add an outdoor cafe with administrative approval from the Zoning Officer, subject to the following:
(1)
Adding the outdoor cafe shall not result in any changes to the approved site plan or existing site improvements;
(2)
The proposed outdoor cafe shall be located between the restaurant use and the front property/street line on an existing improved surface;
(3)
The outdoor cafe shall not result in the creation of any additional seating or increase in the approved number of seats; (i.e. interior seating shall be reduced to provide no net increase.)
(4)
The outdoor cafe shall not require any additional building and/or lot coverage; or
(5)
The outdoor cafe shall not require the addition of any site lighting.
b.
Location. An outdoor cafe may be located in the front yard, side yard or rear yard of a restaurant, provided that the outdoor cafe shall be setback at least 50% of the minimum required front, side and/or rear yard setback as prescribed by subsections 22-6.10c, except an outdoor cafe adjacent to a residential zone or use shall conform to subsection 22-6.10h. Outdoor cafes shall not be located within any required buffer area.
c.
General Standards. The following general standards shall apply to all outdoor cafes:
1.
Outdoor cafes shall be permitted to operate from May 1 to September 30 in any calendar year. No outdoor cafe shall be open for business prior to 11:00 a.m. nor shall remain open for business after 10:00 p.m.
2.
The perimeter of an outdoor cafe, adjacent to a pedestrian way, shall be defined by the setting of a portable-type enclosure that may include potted plants. The enclosure shall define the area to be used as an outdoor cafe and shall separated from the pedestrian traveled way. The enclosure shall not contain doors or windows nor air conditioning or heating equipment and shall be open at all times to the air. The height of the enclosure shall not exceed three (3') feet.
3.
Outdoor cafes not permitted pursuant to subsection 22-7.37a,2, shall require site plan approval and shall conform to the Design Guidelines and Standards and Improvement Standards as outlined in Sections 22-8 and 22-9, including, but not limited to, landscaping, buffering, screening, lighting, and accessibility.
4.
Outdoor umbrellas shall be permitted to extend over the enclosure, provided the lowest part of the umbrella is not less than seven (7') feet above the sidewalk and does not extend more than one (1') foot beyond the enclosure.
5.
All food or drink served at an outdoor cafe shall be prepared or stored in or vended from the interior of the restaurant. Each restaurant owner or tenant shall be responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter as a result of the outdoor cafe. All paper products and condiments shall remain inside the restaurant when the outdoor cafe is closed. Trash cans shall be kept inside the restaurant at all times or within an approved trash enclosure.
6.
No signs shall be permitted in the area of the outdoor cafe, except as set forth in subsection 22-7.24 of this chapter. No "logos" or advertising shall be permitted upon any umbrellas without prior site plan approval.
7.
No tables, chairs or other equipment shall be attached, chained or in any manner affixed to any tree, post sign, curb, sidewalk or other property of the Borough of Rumson. No equipment, umbrellas or any other material of any kind other than tables and chairs shall be permitted to remain outdoors when the outdoor cafe is not open to the public. Any chairs and/or tables remaining outdoors when the outdoor cafe is not open to the public shall be stacked and/or stored as close to the structure as practicable.
8.
No outdoor bell, chime, siren, whistle, music, loudspeaker, public address system, radio, sound amplifier or similar device shall be permitted in the outdoor cafe.
9.
All tables and chairs shall be constructed of material of sufficient weight or otherwise fastened and secured so as not to be effected by high winds.
10.
Outdoor cafes shall be used for food and beverage table service only. Outdoor waiting areas shall not be permitted.
