West Milford City Zoning Code
ARTICLE XVI
Outdoor Dining
§ 500-177 Definitions.
As used in this article, the following terms shall have meaning indicated:
An accessory use to a restaurant as defined below in addition to the following characteristics:
An accessory use to a restaurant as defined below in addition to the following characteristics:
Any tree, trash receptacle, street curb, parking meter, newspaper box, street sign or basement entry hatch lying within the area of the outdoor dining.
An accessory use to a restaurant as defined herein which also is characterized by the following:
[Amended 4-21-2021 by Ord. No. 2021-006]
The consumption of food by the public at tables located outside of the restaurant on a patio, deck or within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street or parking area, the principal facade, and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street; and
Containing readily removable tables, chairs, umbrellas, temporary railings, barriers and/or planters; and
May be enclosed by fixed walls or ceilings, fences, landscaping walls, retractable awnings, removable barriers, tents or other semi-permanent or permanent enclosures; and
May include outdoor entertainment or live music between the hours of 10:00 a.m. and 10:00 p.m. provided that the sound from said entertainment or live music does not exceed sound levels permitted in N.J.A.C. 7:29-1 et seq., Noise Control, and meets the following conditions:
A sketch of the proposed area for live entertainment, along with lighting, electrical, parking and seating must be included in the application and submitted for approval;
The live entertainment will be for the purpose of the patrons within the established seating and parking arrangements of the restaurant or establishment;
There will be no “standing room,” dancing, additional seating or parking permitted in connection with live entertainment.
[Amended 4-21-2021 by Ord. No. 2021-006]
Outdoor dining shall be a permitted accessory use to a permitted restaurant in the Community Commercial, Village Commercial, Neighborhood Commercial and Lake Commercial Zones as defined in Chapter 500, Zoning, as shown on the Zoning Map of the Township of West Milford.
It shall also be considered a permitted accessory use for those restaurants that have been established with a preexisting nonconforming use as defined by the Township Code and the Municipal Land Use Law.
Any individual, partnership, corporation, limited liability company, association, or other entity.
The building whose principal facade fronts on the sidewalk or adjacent to where the outdoor dining is proposed to be located. The "principal facade" shall be the face of the principal building facing the street right-of-way.
An establishment located within the principal building, the primary activity of which is the preparation of food for consumption by the public on its premises.
All dishes, utensils, containers, tablecloths, napkins, cutlery and other items used in the operation or decoration of the outdoor dining area.
The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building line to the curb of any street (excluding therefrom any unpaved area).
§ 500-178 Permit required.
No person shall operate a major outdoor dining area as defined in § 500-177 within the Township of West Milford without an application for site plan approval from the appropriate reviewing board. A minor outdoor dining area as defined in § 500-177 requires an application to the Zoning Officer showing all the requirements of this article are satisfied. If an application is denied, the applicant may file an appeal with the Zoning Board of Adjustment. The permit shall be issued by the Zoning Officer and may contain conditions. Minor outdoor dining permits must be renewed annually.
§ 500-179 Minor outdoor dining application.
A.
Each applicant for a minor outdoor dining permit shall submit and file an application with the Township Zoning Officer with five copies of the proposed design and the appropriate fee. The Township Zoning Officer may seek review and comments from the Building Official, Fire Marshal, Health Department or other appropriate officials. The application shall set forth:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the principal building (if other than the applicant);
(3)
A description of the proposed design and location of the outdoor dining, its dimensions and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, temporary fences and barriers, planters, service carts, chairs, awning, umbrellas (including any name to be displayed thereon), lighting and electrical outlets (if any), heating fixtures; and
(4)
A statement of the seating capacity of the proposed outdoor dining and of the existing restaurant actually operated by the applicant in the principal building; and
(5)
Written authorization and approval of the owner of the principal building (if other than the applicant).
§ 500-180 Insurance required for use of public sidewalks or rights-of-way.
No outdoor dining permit shall be issued for use of a public sidewalk or right-of-way unless the permit shall have been first filed with the Zoning Officer and a copy of an insurance policy or certificate of insurance, issued by a company duly authorized to transact business under the laws of this state, providing for the payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to, or the death of, any person as a direct result of the operation of the outdoor dining area or for injury to any person occurring on the premises occupied by such outdoor dining area, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such outdoor dining and naming the Township of West Milford as an additional insured.
§ 500-181 Indemnification agreement required for use of public sidewalks or rights-of-way.
No outdoor dining permit shall be issued for use of a public sidewalk or right-of-way unless the permit holder shall have first executed with the Zoning Officer an indemnification agreement pursuant to which the permit holder, in further consideration of the issuance of the permit, shall agree to forever defend, protect, indemnify and save harmless the Township of West Milford, its officers, agents and employees, from, and against, any and all claims, causes of action, injuries, losses, damages, expenses, fees and cost arising out of, or which may arise out of, the permit holder's operation of such an outdoor dining area.
§ 500-182 Maintenance agreement required for use of public sidewalks or rights-of-way.
A.
No outdoor dining permit shall be issued for use of a public sidewalk or right-of-way unless the permit holder shall have first executed and filed with the Zoning Officer a maintenance agreement pursuant to which the permit holder, in further consideration of the issuance of a permit, shall agree, at the option of the Township, to either repair, at its sole cost and expense, any damage caused to the sidewalk by the operation of the cafe, or to reimburse the Township in full for all costs and expenses incurred by it making any such repairs.
B.
The Zoning Officer may require a bond to be filed by the permit holder in an amount to be fixed by the Township.
§ 500-183 Permit fee.
The fees for an outdoor dining permit shall be as follows:
Type | Fee |
|---|---|
1 to 10 seats, no more than 2 tables | $100 |
11 to 25 seats | $250 |
26 to 50 seats | $350 |
Over 50 seats | $450 |
§ 500-184 Term of permit: renewals.
All outdoor dining permits shall be issued for the period commencing March 1 and ending November 30 (inclusive) of a particular year. Permits may be renewed by filing of an application in accordance with the provisions of § 500-179. If a permit renewal is denied by the Zoning Officer, the applicant may file an appeal with the Zoning Board of Adjustment.
§ 500-185 Rules, regulations and specifications.
An outdoor dining area authorized and operating pursuant to this article shall comply with all of the following regulations and specifications and such others as may be adopted from time to time by the Township Council of the Township of West Milford.
A.
The outdoor dining area shall be operated and maintained in conformance with the layout plan as finally approved.
B.
No furniture, apparatus decoration or appurtenance used in connection with the operation of the outdoor dining shall be placed within 50 feet of any fire hydrant, plug or standpipe without the specific written authorization of the Fire Marshal; and
C.
No furniture, apparatus, decoration, or appurtenance used in connection with the operation of the outdoor dining area shall be located in such a way as to impede the safe and efficient ingress and egress to or from any building or structure. At least four feet of unobstructed walkway shall be provided for access from any door or opening on the business facade to the street.
D.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor dining area shall be located in such a way that less than four feet of paved sidewalk unobstructed remains open for the exclusive use of pedestrians (the "required pedestrian passageway"), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above, the required pedestrian passageway. All outdoor dining areas shall have portable barriers or planters not less than three feet nor more than four feet in height which shall be placed around the outdoor dining area on the sidewalk to define the outdoor dining areas and the unobstructed pedestrian passageway. If the outdoor dining area is not on a sidewalk a fence or barrier that conforms to the Township's ordinances shall be permitted.
E.
Service items shall be made of nondisposable and reusable materials; provided, however, that upon a showing of need by the applicant and of adequate provision of outdoor waste receptacles for the disposal of disposable and nonreusable materials, an outdoor dining permit may provide for the use of disposable and nonreusable items. The furniture to be used in the operation of the outdoor dining area shall be made of durable materials and tables shall be of adequate size to serve the patrons of the outdoor dining area.
F.
The outdoor area utilized for the outdoor dining shall be kept clean and free of litter. Sidewalks/patios shall be washed daily, if needed, and trash receptacles shall be provided in the outdoor area by the establishment as required and to be approved from time to time by the Township.
G.
Outdoor lighting shall be in accordance with the requirements of § 500-69 of the Township Code and shall adhere to the following standards:
H.
Noise shall be kept at such a level as to comply with all aspects of the provisions of the NJ State Noise Control Act (N.J.A.C. 7:29-1 et seq.).
I.
Outdoor dining areas shall be permitted to operate only with a permit granted pursuant to this article and only from 7:00 a.m. until 10:00 p.m. Monday through Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday from March 1 through November 30 (inclusive) of a particular year.
J.
All sturdy furniture, apparatus, decorations, barriers, planters, and appurtenances may remain outdoors overnight. Outdoor enclosed patios may maintain sturdy furniture overnight; however, other movable items such as umbrellas, bus areas, etc., shall be stored in a safe and secure interior location.
K.
One outdoor menu display is permitted, not to exceed three square feet.
L.
The outdoor dining area shall be operated and maintained by the same person who operates and maintains the related restaurant to which the outdoor dining is an accessory use.
M.
The operator shall comply with all ordinances of the Township of West Milford; however, outdoor dining shall be exempt from site plan review and parking requirements.
N.
Notwithstanding anything to the contrary in this article or any other laws and ordinances of the Township but subject to review and approval of the Township Zoning Officer, a person may be permitted to display the name of the establishment operating the outdoor dining area on umbrellas to be used at the outdoor dining area.
O.
Any and all tents or canopies to be erected to accommodate outdoor dining must meet the provisions of the Uniform Construction Code and Uniform Fire Code and shall be approved by the Construction Official and Fire Marshal.
P.
Temporary outdoor heating sources, such as heating lamps, electric or gas space heaters, patio heaters, gas fireplaces, chimneys, or other like equipment may be permitted within outdoor dining areas subject to compliance with all applicable construction and fire codes, unless it would create a safety hazard as determined by the Fire Marshal in his or her discretion. Fire pits and LP-gas fire pits are not permitted along any sidewalk area or public right-of-way. For approved heaters, the minimum safety instructions are, but not limited to, the following:
(1)
The unit shall not be left unattended when in use.
(2)
The unit shall be placed on a hard and level surface.
(3)
The unit's gas tank shall be turned off when the heater is not in use.
(4)
The unit shall not be used if wind velocity is greater than 10 mph to prevent flame-out.
(5)
LP-gas maximum inlet pressure shall meet the manufacturer's recommendations.
(6)
The area of use for the heater unit shall meet the manufacturer's recommendations.
(7)
The unit shall only be used outdoors in a well-ventilated area.
(8)
The unit shall not be handled while in use.
(9)
The units shall be placed at least five feet from any flammable materials, such as carpet, drapes, decorations, chemicals, paper goods, furniture, etc.
(10)
Units shall be sufficiently anchored so as to prevent accidental tip-over.
(11)
Units shall be sufficiently cordoned-off as to prevent casual contact by the public.
(12)
Tanks shall be stored five feet from any doorway or building opening.
(13)
A fire extinguisher must be located within 25 feet of heaters.
§ 500-186 Outdoor dining outside permitted zone; other ad hoc variations.
Notwithstanding anything to contrary contained in this article or any other laws and ordinances of the Township of West Milford, the Zoning Officer may issue permits to operate outdoor dining which may otherwise vary from certain of the other requirements of this article. The issuance of such permits shall be on terms and conditions as the Zoning Officer may deem fit and may include, but shall not be limited to, the following situations: a) the issuance of permits to establishments that are not situated in the permitted zone; b) the issuance of permits to establishments which may not be deemed to be restaurants under this article; c) the inclusion of certain private property as part of a particular outdoor dining area; and d) the establishment of hours of operation which may differ from the requirements otherwise set forth in this article.
§ 500-187 Temporary suspension of Township permit.
Notwithstanding anything to the contrary contained in this article or any other laws and ordinances of the Township of West Milford, the Township may temporarily suspend an outdoor dining permit in the event of emergency or for other reasons or purposes including, but not limited to, the facilitation of Township-sponsored events.
§ 500-188 Alcoholic beverages.
A.
The outdoor dining area of an establishment that holds a Class C Plenary Retail Consumption permit (permit holder) upon which a restaurant has been authorized to operate pursuant to this article may constitute premises for the sale and consumption of alcoholic beverages provided that the permit holder of the restaurant of which the outdoor dining is a part obtains a place to place transfer of its existing liquor permit to include the outdoor dining area pursuant to the applicable provisions of Chapter 63 of the Code of the Township of West Milford and N.J.S.A. 33:1-1 et seq. Such approval shall be separate from, and must be obtained in addition to, the permit to operate an outdoor dining area pursuant to this article.
B.
An establishment that does not hold a Class C Plenary Retail Consumption permit may permit patrons, as provided by N.J.S.A. 2C:33-27, to consume wine and beer in the outdoor dining area upon which the restaurant has been authorized to operate. All restrictions placed on establishments pursuant to N.J.S.A. 2C:33-27 will be strictly enforced.
§ 500-189 Enforcement officer; notice of violation; failure to comply.
A.
The Zoning Officer of the Township of West Milford (or his or her designee) shall be charged with the responsibility for enforcing the provisions of this article. Upon a determination by the Zoning Officer (or his or her designee) that a permit holder has violated one or more of such provisions, the Zoning Officer shall give written notice to the permit holder to correct such violation within a time specified by the Zoning Officer. In the event that the permit holder fails or refuses to correct such violation within such time period, the outdoor dining permit shall thereupon, and automatically, be revoked.
B.
Upon the revocation of such permit, the permit holder, upon written request, shall be entitled to a hearing before the Zoning Board of Adjustment.
§ 500-190 Penalties.
Any person convicted of violation of this article shall be subject to a fine not to exceed $500. Each violation of a section or subsection of this article, and each day that a violation continues, shall constitute a separate offense.
§ 500-190.1 Notice of zoning violation; time to abate.
[Added 9-22-2021 by Ord. No. 2021-033]
A.
Upon learning of a violation, which shall describe the zoning violation in detail, an owner shall be given 20 days to abate the zoning violation.
B.
All zoning sections which currently reflect such abatement to occur “within a time specified by the Zoning Officer” or otherwise reflect either a lesser or greater term to abate such violation shall be herewith updated to reflect 20 days to abate such zoning violation.