Toms River City Zoning Code
§ 348-5.45
Outdoor seating.
[Added 10-14-2014 by Ord. No. 4459-14]
A.
Outdoor seating is a separate and distinct use from an outdoor cafe. Outdoor cafes are regulated under the provisions of § 348-8.41 and are required to meet the definition set forth in this chapter.
B.
Outdoor seating, as defined herein, can be provided at any eating or drinking establishment without the need for site plan approval, subject to the issuance of a zoning permit in accordance with the following standards:
(1)
Seating is limited to outdoor areas that immediately adjoin the eating or drinking establishment and shall not exceed four tables and 16 chairs.
(2)
Where outdoor seating is provided in a location that is not on the premises of the eating or drinking establishment, such as in a shopping center or on a sidewalk that is part of a public street right-of-way, applicant will be required to submit the consent of the owner or provide evidence of consent by the entity with jurisdiction over the street right-of-way.
(3)
Applicant shall clearly show the location of the tables and chairs in sufficient detail to assure that they will not obstruct pedestrian traffic, access for the handicapped, or emergency access. As part of that review, and prior to the issuance of a zoning permit, approval shall be required from the Bureau of Fire Prevention and the Division of Engineering.
(4)
All tables and chairs shall be placed a minimum of five feet from any curb, driveway, roadway or other vehicular travel way.