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West Caldwell City Zoning Code

§ 20-17.26

Outdoor Dining.

[Ord. No. 1797-2017 § 6]
a. 
Outdoor dining shall be permitted as an accessory use to any duly licensed restaurant, subject to the following conditions:
1. 
The area for outdoor dining shall not impinge upon any public sidewalk or right-of-way or with the approved internal site circulation, nor shall it occupy or render unusable any parking space.
2. 
The outdoor seating shall be limited to 15% of the establishment's existing interior seating or 20 seats, whichever is greater.
3. 
No food or refreshment preparation shall be permitted within the outdoor dining area.
4. 
Outdoor dining areas shall be delineated by planters, a fence, wall or other aesthetically pleasing mechanism, which shall define the seating area without creating a full barrier to viewing the area.
5. 
The outdoor seating area shall be counted in the calculation of off-street parking spaces at the rate of one space per 2.5 patron seats.
6. 
Tables, chairs and other furniture must be strong, durable, waterproof, weather-resistant and of sufficient mass as to not be easily blown about. Umbrellas shall be designed with mechanisms to secure them against the effects of wind and shall not display any advertising.
7. 
The outdoor dining area shall be kept clean and free of garbage and trash. No dumpster, enclosure or receptacle for the storage of garbage shall be placed in or adjacent to the outdoor dining area. Hours of operation of the outdoor dining area shall not be greater than the hours of operation of the restaurant; provided, however, that if the outdoor dining area is within 200 feet of a residential district, the outdoor dining area shall not operate between the hours of 11:00 p.m. and 8:00 a.m.