[Added 5-21-2025 by Ord. No. O-25-11]
Where an outdoor dining area is permitted the following regulations shall apply. In the event, however, of any express conflict with a State statute or regulation governing the same, the state statute or regulation shall control.
a.
Outdoor dining area shall be defined as set forth in Subsection 18-3.2 (Definitions) of this chapter.
b.
Outdoor dining areas are permitted only in such zone(s) wherein they are expressly listed as permitted accessory uses, and then only ancillary and accessory to the specific use or uses listed in such zone(s) for which outdoor dining areas may be established as an accessory use. In all other instances, outdoor dining areas are prohibited.
c.
Minor site plan approval is required by the Planning Board where an outdoor dining area is proposed to be accessory to an existing specified permitted use (i.e., a use listed in the zone at issue which is not only permitted in said zone, but also which is expressly listed as a use to which an outdoor dining area may be established as an accessory) in the zone. All other applications proposing accessory outdoor dining areas shall be in accordance with all applicable required site plan review and approval procedures and requirements.
d.
Maximum seating capacity for an outdoor dining area shall be established by the Planning Board and shall not exceed 50% of the indoor seating capacity of the associated principal use at issue, unless a variance from this requirement is granted by the Planning Board.
e.
Outdoor dining areas shall provide for one additional parking space for every four outdoor seats, unless there is no increase in seating capacity of the establishment (i.e., the number of inside seats is reduced by number of seats placed outside), or unless a variance is otherwise granted from this requirement by the Planning Board.
f.
Outdoor dining areas shall meet the following minimum setback requirements:
1.
Side and rear yard: 10 feet.
2.
Front yard: shall meet the principal building setback of the zone as specified in the schedule of area, yard, building (bulk) and unit requirements (§ 18-5.1).
3.
Adjacent residential lot: 50 feet.
g.
An outdoor dining area must also comply with all applicable Borough regulations pertaining to "Outdoor Dining" (Chapter 28 - Outdoor Dining Area Regulations) prior to commencing operations of an outdoor dining area, a license for same must be obtained, and thereafter maintained, in accordance with applicable Borough regulations.