Yardley City Zoning Code
PART 6
ACCESSORY USES
§ 27-601 Residential Accessory Buildings.
[Ord. 273, 2/16/1982; as amended by Ord. 279, 10/18/1983]
1.
Residential accessory buildings or structures include but are not limited to storage sheds, bathhouses, garages, carports and private greenhouses. All residential accessory buildings and structures shall comply with the following standards:
A.
Structures less than 100 square feet or 1,000 cubic feet and 10 feet in height shall have the side and rear yard requirements reduced to five feet, provided that there are no more than 300 square feet of accessory buildings per lot. Accessory buildings for mobile home units shall comply with the standards stated in §27-263.H.
B.
Structures greater than 300 square feet or 1,000 cubic feet and less than 18 feet in height shall conform to the front, side and rear yard requirements of the district in which they are located. Structures greater than 18 feet in height shall obtain a special exception from the Zoning Hearing Board.
C.
All accessory residential buildings shall only contain those uses supplementary to the primary use of the parcel.
D.
Residential accessory, buildings greater than 100 square feet but less than 400 square feet may have their rear yard requirements reduced to five feet when the following additional criteria are met:
§ 27-602 Fences, Walls and Private Swimming Pools.
[Ord. 273, 2/16/1982; as amended by Ord. 279, 10/18/1983]
1.
Fences and Walls. Front, side and rear yard requirements do not apply to fences or walls under six feet in height above the natural grade of the required yard area nor to terraces, steps, uncovered porches or other similar features not over three feet high above the level of the floor of the ground story. On any lot used for residential purposes, no objectionable, unsightly or spite fence shall be erected. In the event of protest, the matter shall be referred to the Zoning Hearing Board for decision.
2.
Private Swimming Pools. A private swimming pool shall be permitted, provided that:
A.
Private swimming pools are not regulated by this Chapter when the pool is less than 18 inches or has a surface area less than 100 square feet, except when such pool is permanently equipped with a water-recirculating system or involves structural materials.
B.
Pools regulated by this Chapter shall be located in the rear or side yards only and shall be at least six feet from any rear or side property line or 10 feet from any street right-of-way. For the purpose of this Chapter, swimming pools are not counted as floor area in computing lot coverage.
C.
Swimming pools regulated herein shall require a building permit.
D.
Swimming pools shall be surrounded by a fence.
E.
No swimming pool shall be constructed in the Borough except in accordance with a permit therefor previously secured from the Zoning Officer of the Borough, upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be necessary to the Zoning Officer to determine whether the pool complies with this Chapter.
F.
The type, quality and method of construction of said fence shall be such as shall be approved by the Zoning Officer, with the intent that it shall act as a safeguard and protection to children. Such fence shall be at least four feet in height but not in excess of six feet, nonremovable, and shall have a self-locking-type gate and shall be such as to prevent children and stray animals from going through it, provided that existing, nonconforming fences may be approved by the Borough Zoning Officer.
G.
A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.
§ 27-603 Home Occupations.
[Ord. 273, 2/16/1982]
1.
General. Zoning permits shall be required for all home occupations. (see §27-1313.) Applications shall include a certified statement that the dwelling is the practitioner’s principal residence. The onus of proof shall be on the applicant.
2.
Professional Offices.
A.
A professional office is a service-oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional services of the practitioner is the salable commodity offered to the client. Professional offices include, but are not limited to, the following:
(1)
The office facility of a salesman, sales representative or a manufacturer’s representative.
(2)
The office facility of an architect, engineer, broker, dentist, doctor, psychiatrist, insurance agent, land surveyor, lawyer, musician or real estate agent.
(3)
The office facility of a minister, rabbi or priest, provided that the office is open to the public or congregation.
B.
A professional office home occupation is a permitted accessory use, provided that the home occupation complies with the following conditions and a zoning permit is obtained as required in §27-1313.
(1)
A home occupation must be conducted within a dwelling which is the principal residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.
(2)
Professional offices are permitted as an accessory use where the primary use is a single-family detached or attached dwelling only.
(3)
The amount of floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less. At least 850 square feet of the gross floor area must remain in residential use. Although the floor area devoted to a professional office home occupation may not exceed 25% of the ground floor area of the principal structure, the home occupation may be conducted within the principal structure or in an accessory use.
(4)
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this Chapter.
(5)
One sign is permitted per home occupation in accordance with Part 12. See also sign use regulations in the district that the proposed sign is located.
(6)
No more than two persons other than members of the immediate family may be employed.
(7)
Only one commercial vehicle is permitted per home occupation. All commercial vehicles shall be parked on lot and must be parked in a garage or an enclosed structure.
(8)
In addition to the off-street parking spaces required in this Chapter for the particular residential use concerned, a professional office shall provide one off-street parking space for each employee, plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(9)
Off-street parking spaces are not permitted in the front yards. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least five feet from any property line. All off-street parking areas which contain more than three spaces must comply with the buffer and screening requirements in Part 7J.
(10)
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
(11)
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.
3.
Instructional Services.
A.
An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The conduct of this home occupation should not require a room or series of rooms specifically designed for that purpose. Where the construction of a particular physical environment, such as a classroom or studio, is deemed necessary in order to establish or conduct the home occupation, that occupation must comply with the standards specified for professional offices, with the exception of off-street parking and employee requirements, in which case this Section shall apply.
B.
An instructional service home occupation is a permitted accessory use, provided that the home occupation complies with the following conditions and a zoning permit is obtained as required in §27-1313.
(1)
A home occupation must be conducted within a dwelling which is the principal residence of the principal instructor or in an accessory building thereto which is normally associated with a residential use.
(2)
Instructional services involving musical instruments or more than one student at a time are permitted in single-family detached residences only. Instructional services involving only one student at a time and no musical instruments are permitted in any dwelling type.
(3)
The amount of floor area devoted to this home occupation shall not exceed 25% of the ground floor area of the principal residential structure. This area devoted to the home occupation may be located either in the principal structure or in an accessory structure.
(4)
The appearance of the residential structure shall not be altered nor Shall the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this Chapter.
(5)
One sign is permitted per home occupation in accordance with Part 12. See also sign use regulations in the district that the proposed sign is located.
(6)
No person shall be employed other than members of the immediate family.
(7)
Only one commercial vehicle is permitted per home occupation. All commercial vehicles shall be parked on lot and must be parked in a garage or an enclosed structure.
(8)
In addition to the off-street parking spaces required in this Chapter for the particular residential use concerned, an instructional service shall provide one off-street parking space per two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot, inclusive of residential parking.
(9)
Off-street parking spaces are not permitted in the front yard. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least five feet from any property line. All off-street parking areas which contain more than three spaces must comply with the buffer and screening requirements in Part 7J.
(10)
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
(11)
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. No equipment or process shall be used which creates visible or audible interference in any radio or television receivers off the premises.
4.
Home Crafts.
A.
Home crafts are business activities whereby the commodity for sale is completely manufactured on the site by the resident craftsman. Home crafts may include but are not limited to the following: artists, sculptors, dressmakers, seamstresses and tailors; and include such activities as model making, rug weaving, lapidary work and carpentry.
B.
A home craft occupation is a permitted accessory use, provided that the home occupation complies with the following conditions and a zoning permit is obtained as required in §27-1313.
(1)
A home occupation must be conducted within a dwelling which is the principal residence of the principal craftsman or in an accessory building thereto which is normally associated with a residential use.
(2)
Home crafts are permitted in and attached dwellings only.
(3)
The floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less. At least 850 square feet of the gross floor area roust remain in residential use. Although the floor area devoted to a home craft home occupation may not exceed 25 of the ground floor area of the principal structure, the home occupation may be conducted either within the principal structure or an accessory structure.
(4)
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this Chapter.
(5)
One sign is permitted per home occupation in accordance with Part 12. See also the proposed sign use regulations in the district that the proposed sign is located.
(6)
No more than one person other than members of the immediate family be employed.
(7)
Only one commercial vehicle is permitted per home occupation. All commercial vehicles shall be parked on-lot and must be parked in a garage or an enclosed structure.
(8)
In addition to the off-street parking spaces required in this Chapter for the particular residential use concerned, a home craft shall provide one off-street parking space for each employee, plus one additional off-street space per 300 square feet of gross floor area used for the home occupation. A maximum of four off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(9)
Off-street parking spaces are not permitted in the front yard. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least five feet from any property line. All off-street parking areas which contain more than three spaces must comply with the buffer and screening require in Part 7J.
(10)
There shall be no exterior storage of materials or refuse resulting from the conduction of the home occupation.
(11)
No equipment or process shall be used in a home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises.
5.
Family Daycare Home.
A.
A family day-care home is a facility in which care is provided for one or more, but less than seven children at any one time where the child-care areas are being used as a family residence.
B.
A family day-care home is a permitted accessory use, provided that the home occupation complies with the following conditions and a zoning permit is obtained as required in §27-1313.
(1)
A use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
(2)
A minimum outdoor play area of 2,000 square feet of contiguous area shall be provided as a recreational area for the children. This area shall not include any impervious surface or parking areas.
(3)
Family day-care homes are only permitted as an accessory use to a single-family home.
(4)
If a family day-care home is located adjacent to a nonresidential use or parking lot, the outdoor play area must be enclosed by an unclimbable fence which is deemed appropriate by the Borough Council. In addition, when a family day-care home fronts on a subcollector, collector or arterial highway, the outdoor play area should be located to the side or rear of the property.
(5)
One sign is permitted per home occupation in accordance with Part 12. See also the proposed sign use regulations in the district that the proposed sign is located.
(6)
No more than one person other than members of the immediate family may be employed.
(7)
Parking Standards. In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee. All parking areas in excess of three spaces must be screened in compliance with Part 7J of this Chapter.
§ 27-604 Temporary Residential Structures.
[Ord. 273, 2/16/1982; as amended by Ord. 288, 2/19/1985]
1.
Temporary residential structures shall be as follows. Such use shall include a temporary structure or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
A.
The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, subject to the limitations specified in §27-1315.
B.
Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Hearing Board.
C.
Such structure or use shall be removed completely within 30 days of the expiration of the permit, without cost to the Borough.
D.
Outside storage or display is not permitted as an accessory use when the primary use is residential, except as a temporary yard or garage sale with no more than two per residence per year.
§ 27-611 Zoning Permits Required.
[Ord. 273, 2/16/1982]
Zoning permits shall be required for all commercial and industrial accessory uses; see §27-1313.
§ 27-612 Nonresidential Accessory Uses to Be Subordinate to Primary Use.
[Ord. 273, 2/16/1982]
All nonresidential accessory uses shall be subordinate and incidental to the primary use of the lot.
§ 27-613 Yard Requirements.
[Ord. 273, 2/16/1982]
All nonresidential accessory buildings and structures shall comply with the front, side and rear yard requirements of the primary use, with the exception of fences and walls, which shall not exceed five feet in height.
§ 27-614 Buffer Standards.
[Ord. 273, 2/16/1982]
All nonresidential accessory uses shall comply with the buffer standards of Part 7J.
§ 27-615 Signs.
[Ord. 273, 2/16/1982]
All nonresidential accessory signs shall be subject to the provisions and requirements of Part 12.
§ 27-616 Off-Street Parking and Loading Areas.
[Ord. 273, 2/16/1982]
All off-street parking and loading areas shall be subject to the provisions and requirements of Part 10.
§ 27-617 Outside Storage or Display.
[Ord. 273, 2/16/1982; as amended by Ord. 409, 2/5/2002; and by Ord. 450, 2/5/2013]
1.
Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, is subject to the following additional provisions:
A.
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage or display.
B.
Outside storage and display areas shall occupy an area of less than one-half the existing building coverage.
C.
Outside storage and display areas shall be shielded from view from the public streets.
2.
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provision of Subsection 1 above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provision: no more than 25% of the lot area shall be used in outdoor storage or display, and the entire area shall be screened in accordance with §27-748 on Class C screening.
3.
Outside display of goods, wares or merchandise, upon a fixture, table, machine or other device for the display and/or sale of merchandise, is limited to the portion of the sidewalk adjacent to the inside line thereof, extending not more than 24 inches toward the curbline, where the sidewalk is sufficiently wide so that a free and unencumbered walkway at least six feet in width remains available for the use of pedestrians. The duration of such a display is limited for each commercial establishment to two consecutive days four times a year.
§ 27-618 Outside Dining Accessory to Restaurant.
[Ord. 273, 2/16/1982; Ord. 409, 2/5/2002; Ord. 450, 2/5/2013; Ord. No. 491, 5/2/2023]
1.
Outdoor dining and food service areas of eight or fewer seats are permitted as a right and outdoor dining and food service areas of more than eight seats are permitted as a conditional use accessory to the restaurant subject to the following additional requirements:
A. ABUTTING PROPERTY COVERED PORCH HEALTH OFFICER OUTDOOR DINING AREA OWNER PEDESTRIAN WALKWAY PERSON RESTAURANT SIDEWALK AREA
Definitions. As used in this Section, the following terms shall have the meanings indicated:
A property contiguous to an outdoor dining area that will be operated under the terms of this Section.
The covered portion of a restaurant which is not completely enclosed within the building; is used primarily for the consumption of food and beverages by patrons; and is not larger than 50% of the dining area of the attached eating facility.
Bucks County Department of Health.
An area operated by a restaurant located on a sidewalk area or other designated place and containing removable tables, chairs, plants and related appurtenances.
Includes any owner of fee simple title, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole of the land on which an outdoor dining area is to be operated under the authority of this Section.
That portion of a sidewalk area which is free of any obstruction, fixture or appurtenance and is used for pedestrian travel.
Includes a partnership, corporation, association, trust, estate or other legally recognized entity, as well as an individual.
A food service establishment where food is purchased and provided in individual portions for consumption on the premises. This term shall not include an establishment which operates exclusively as a caterer, a commissary, a food processing establishment, a mobile food unit, a retail food store or a temporary food service establishment.
That portion of the Borough street right-of-way reserved for sidewalks.
B.
Permits.
(1)
Operation of an outdoor dining area requires a conditional use permit in accordance with §27-1315.
(3)
Outdoor dining areas shall be permitted only when they are operated and serviced by a restaurant where all food preparation, sanitation and related services for the outdoor dining area shall be performed.
(4)
Each applicant for a permit under this section shall submit three copies of his/her application and plans for an outdoor dining area to the Yardley Borough Zoning Officer for initial review. For all applications where outdoor dining will have a seating capacity greater than eight seats, the Zoning Officer will forward the completed application to the Planning Commission, which shall review the application for compliance with the terms and condition of this section and make a recommendation to the Yardley Borough Council. For applications with seating areas of eight seats or less, the Borough Zoning Officer will have review and approval authority. All applications for outdoor dining area permits shall include the following:
(a)
The name and street address of the applicant.
(b)
The name, street address and legal address of the owner of the outdoor dining area, of the owner of the underlying freehold and/or abutting property owner if not the same person.
(c)
A description of the owner of the abutting property, if other than a natural person, including the legal status (corporation, partnership, etc.) and a general description of the type(s) of business operated on the abutting property.
(d)
The name and street address of the registered agent for the service of process, if the applicant represents a corporation; or the names and street addresses of the officers or partners, if the applicant represents an association, partnership or other entity.
(e)
The name and street address of the operator, manager or other person responsible for the operation of the outdoor dining area.
(f)
The name under which the outdoor dining area will be operated.
(g)
The street address and the food establishment license number of the restaurant operating and servicing the outdoor dining area.
(h)
A site plan drawn to an appropriate scale, showing detailed drawings of legible proportions showing the limits of the proposed outdoor dining area site, the design dimension and proposed location of all proposed temporary structures (i.e., canopies, umbrellas, planters, landscaping, tables, chairs, all exterior lighting, electrical outlets, signage, computer Kiosk/ATM terminals, exterior fire sprinkler connections, mechanicals, etc.), the proposed pedestrian walkway and the side and front elevations of the proposed outdoor dining area.
(i)
Except in cases where the outdoor dining facility is located on a covered porch, a site plan drawn to an appropriate scale, showing:
1)
The entirety of the sideway abutting the property of the owner.
2)
The frontage of the property proposed for the outdoor dining area.
3)
All abutting properties including methods to be employed for screening.
4)
All existing sidewalk features, including but not limited to trees, utility poles, sign poles, fire hydrants, permanent-liner receptacles, telephone booths, computer Kiosk/ATM terminals, vending racks, mailboxes, etc.
(j)
The seating capacity of the proposed outdoor dining area.
(k)
For outdoor dining areas located within public spaces, a hold-harmless agreement executed by the applicant and indemnifying the Borough against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the outdoor dining area, and a copy or copies of the certificate or certificates of insurance with minimum policy limits to match Borough insurance limits are required.
(l)
If the serving of alcoholic beverages is proposed, proof that the applicant has a State liquor license that will allow or can be amended to allow the applicant to serve alcoholic beverages in the outdoor dining area.
(5)
Applications must obtain the approval of the Historical Architectural Review Board (HARB) if the outdoor dining area is located within any area designated as part of an historic district.
(7)
For all outdoor dining areas creating a seating capacity of eight seats or less, the application review and approval is delegated to the Borough Zoning Officer.
(8)
The permit fee(s) for an outdoor dining area will be established in conformance with § 27-1317, except that permit fees are waived for outdoor dining areas with seating capacities of eight seats or less.
(9)
One year after it is first approved, and upon review of the renewal application and complaint history, if any, an outdoor dining permit must be reviewed for renewal by the Borough Council. Thereafter, the permit must be reviewed again for renewal every three years by the Borough Council. The renewal fee shall be established in conformance with § 27-1317.
(10)
Outdoor dining permits are not transferable. Changes in ownership/operation require reapplication for a permit.
C.
Location and Siting. Except in cases where outdoor dining is located on a covered porch, the following location and site restrictions shall apply:
(1)
All outdoor dining areas shall be located a minimum of 50 feet from a property line where the outdoor dining area lot abuts or is adjacent to a residential zoning district, or 25 feet from a property line of a lot used as a residence, even if said lot is not located within a residential district; or 10 feet from the property line of a mixed commercial/office and residential use lot as provided in §27-313.F.
(2)
An outdoor dining area may be expanded to an abutting property with the written permission of that abutting property owner, provided that the expanded area meets the criteria of this Section.
(3)
The outdoor dining area shall be open to the sky with the exception that it may have a retractable awning or umbrella and may contain furniture including tables, chairs and planters that are readily movable. Pergolas, arbors, and trellises will be permitted, but must be completely removed from November 15 through April l.
(4)
Where the lot on which outside dining is permitted abuts a residential use or a residential zoning district, a buffer shall be installed that shall meet the standards set forth in Part 7J.
(5)
Where the lot on which outside dining is permitted abuts the Delaware Canal, a thirty-inch high shrubbery buffer along the canal property line, or an alternate buffer reviewed by the Borough Planning Commission, shall be provided by the applicant.
(6)
Outdoor dining areas shall in no way obstruct the ingress to or the egress from any building or business.
(7)
Sidewalk outdoor dining or food service areas shall be located under the following restrictions:
(a)
Sidewalk dining areas shall have a pedestrian walkway with a clear unobstructed width of five feet between the sidewalk dining area and any obstacle (tree, pole, post, sign, planting area, bus shelter, etc.). The pedestrian walkway shall be provided with an unobstructed height of seven feet between the ground plane and an overhead obstacle (tree branch, overhead sign, awning, etc.).
(b)
No sidewalk dining area may be permanently located within the sidewalk area by means of raised deck platform, fence, wall or other structures or enclosed by fixed wall, except that sidewalk dining area boundaries may be delineated by the use of temporary barriers such as balustrades, cordons or railings. Any such temporary barriers must be easily removed and three feet or less in height above the sidewalk. Under no circumstances shall temporary barriers as authorized hereunder be allowed in the identified pedestrian walkway, nor shall a temporary barrier be affixed to the sidewalk or to any permanent structure, except that it may be attached by removable clips or devices approved in advance by the Borough Engineer.
(c)
No sidewalk dining area shall be situated:
1)
Within six feet of any pedestrian crossing.
2)
Within five feet along the street line of any fire hydrant or other emergency facility.
3)
Within five feet of any driveway.
4)
Within five feet of any curbline.
5)
In a manner which restricts sight easements of vehicular traffic.
6)
In a manner which obstructs traffic control devices or traffic signs.
D.
(1)
The following restrictions and requirements shall apply to all outdoor dining facilities:
(b)
There shall be no signs permitted in association with an outdoor dining facility. There shall be no logos or advertising upon any umbrellas.
(c)
There shall be no outdoor food preparation.
(d)
There shall be no outdoor bar for beverage service.
(e)
Outdoor dining activities may take place between the hours of 7:00 a.m. and 10:00 p.m. In response to violations of this section, the Borough Council shall have the authority to further restrict the hours as deemed appropriate.
(f)
All outdoor dining areas shall service alcoholic beverages only in conformance with Pennsylvania Liquor Control Board requirements.
(g)
All activities, including the playing of music, shall comply with the noise limitations of Part 7C. Noise generated by an outdoor dining facility shall not be any greater than the level of ambient noise at that location. The exterior use of speakers, amplifiers, microphones, televisions or other audio or video display devices is prohibited.
(h)
All trash shall be removed from the outdoor dining area and from the area surrounding the outdoor dining area after each meal period. The outdoor dining area and adjacent area shall be swept and washed down each night just prior to closing and at other times if needed. Sufficient containers for trash shall be placed in the outdoor dining area to allow for customer disposal of dining trash, e.g., plastic, paper, cups, bottles and sampler products.
(i)
Yardley Borough Council may impose any other restrictions on the location, size or design of the outdoor dining area that, in its judgment, protects the health, safety and welfare of the public.
(2)
The following restrictions and requirements shall only apply to outdoor dining facilities that are not located on a covered porch:
(a)
All temporary structures and fixtures must be removed by November 15 and stored internally during the off season. These items cannot be re-installed prior to April 1 in any years for which a permit is granted.
(b)
All furniture and fixtures used in conjunction with outdoor dining must be of a temporary nature and must not remain outdoors on public property at closing time each day.
(c)
Parking requirements are set forth in §27-616 and §27-313.1.E(9)(d). The outdoor dining area may not occupy areas that are required by the establishment to meet the parking requirements of this Section. Where parking cannot be increased on site to cover the requirements for the outdoor dining facility, corresponding portions of the indoor dining area shall not be utilized during the times that tables are in use out of doors, so that the overall seating capacity and parking demand are not increased.
(d)
Light standards shall not exceed a height of 10 feet, and light fixtures shall be focused downward with a shield, thereby preventing light from shining on adjacent properties.
(e)
Sidewalk dining areas shall provide and maintain adequate ambient or low-level lighting in and around the outdoor seating areas and pedestrian walkway so as to light the dining area and to allow sidewalk users to observe and avoid obstructions or being forced into the path of road traffic.
E.
Enforcement.
(1)
Acceptance of an outdoor dining area permit is an express acknowledgment and consent to the terms and restrictions set by this Section. The grant and usage of such permit is a privilege, not a right, subject to reasonable restrictions as set out herein or as may be promulgated by the Yardley Borough Council.
(3)
Enforcement of restrictions and requirements governing noise, trash removal, and hours of operation shall be the responsibility of the Yardley Borough Police Department.