West Cape May City Zoning Code
§ 27-27.15
Outdoor Seating Standards.
[Ord. No. 428-09 § 27-27.15; Ord. No. 461-11; Ord. No. 504-2015; Ord. No. 539-2018]
a.
Purpose. Outdoor seating contributes to the goals of a vibrant and interesting commercial district. The purpose of these rules and regulations is to allow outdoor seating in a way that contributes to the goals of the commercial district and the Borough.
b. OUTDOOR SEATING
Definition.
Shall mean any part of a food establishment, brewery, or distillery located outdoors, not used for any other purposes, and open to the sky, with the exception that it may have a retractable awning or umbrellas, and may contain furniture, including tables, chairs, railings, and planters that are readily movable.
c.
Permitted Zones. Outdoor seating is permitted in the C-1, C-2, and the C-3 commercial zoning districts.
d.
Outdoor Seating Design Standards.
[Ord. No. 504-2015]
1.
Outdoor seating shall be permitted only in conjunction with, and adjacent to, an established restaurant, brewery, or distillery. Outdoor seating shall be permitted year-round, subject to the conditions below.
2.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk café shall be located in such a way that less than five feet (5') of paved sidewalk remains for the exclusive use of pedestrians, nor shall any such object protrude into, on or above the required five-foot (5') wide pedestrian passageway.
3.
Should any outdoor seating facility close for a period of two weeks of more, all furniture or other equipment located on any portion of the public paved sidewalk shall be removed from the sidewalk until the facility reopens.
4.
No signs are permitted on the sidewalk except that the name and type of establishment may appear on umbrellas or the valance of an awning.
5.
Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.
6.
Awnings and/or umbrellas may be used in conjunction with outdoor seating. Awnings shall be adequately secured and retractable. Supporting structure must be attached to the building and may not be set on the ground. The bottom of the awning shall be seven (7') feet from the ground. No screening or weather protection panels will be permitted. No heating or cooling equipment will be permitted.
7.
Any outdoor seating area that is next to a residential use or residential district must be a minimum of five (5') feet from the shared property line.
8.
Outdoor seating proposed in connection with a brewery or distillery shall be contained within the licensed premises.
e.
Hours of Operation. The hours of operation of an outdoor seating area shall be limited to the hours of operation of the associated restaurant, brewery, or distillery. In no event shall hours of operation exceed 12:00 midnight.
f.
Administration. An application for an outdoor seating license shall be submitted as a separate mercantile license with an associated fee of $50. Along with the application shall be the following:
1.
Plans showing the dimensions of the area and all furniture, planters, etc.
2.
A survey of the property may also be required.
3.
Proof of insurance for such operation shall also be provided as part of the mercantile application. The term of license shall be one year.
Such license may be revoked if any of the provisions of the license have been violated, or that the outdoor seating operation in some way creates an unsafe situation.