360 State Rte 34 Colts Neck, NJ 07722-2512

Outdoor cafes in conjunction with lawfully permitted restaurants in the B1, B2 and B3 Business Zones and further subject to the following provisions: (a) Site plan approval, minimum off-street and maximum lot coverage requirements shall not be applicable to conforming outdoor cafes. (b) Outdoor cafes shall be subject to the principal building front, side and rear setback requirements contained in § 102-114 , Schedule of limitations: nonresidential. (c) Outdoor cafes shall have an area limited in width to each restaurant or storefront and shall not exceed 1,000 square feet in area. (d) Upon the approval and issuance of a temporary outdoor cafe permit by the Zoning Officer, any restaurant may conduct an outdoor cafe with tables and chairs for a maximum period of eight months and shall be limited to a maximum of 48 seats. If individual seats are not provided, each 24 inches of bench shall be considered one seat. (e) No additional signs shall be permitted. No music or live entertainment of any type is permitted outdoors. No outdoor cooking of any type is permitted in outdoor cafes. (f) An applicant for a temporary outdoor cafe permit shall provide the Zoning Officer with a statement of the name and address of the applicant, letter of consent from the owner of the property, a valid mercantile license, a sketch drawn to scale showing the location and size of the outdoor cafe area involved, a description of the seating plan (including a rendering of position of tables and chairs relative to entrances, exits and the sidewalk) and hours of operation. No less than four feet of unobstructed sidewalk shall be open and maintained for pedestrians. (g) An application for an outdoor cafe permit shall be accompanied by a fee of $50. Any and all licenses issued pursuant to the terms of this subsection shall permit outdoor cafe operations to begin no earlier than April 1. Any and all outdoor cafe operations so established shall terminate no later than November 30 of the year in which the permit is issued. (h) The Zoning Officer shall consult with the Construction Official, Fire Chief and Chief of Police to determine if the proposed outdoor cafe can be conducted without causing safety problems. The Zoning Officer shall also consult with the Health Officer concerning public health considerations. If the Zoning Officer finds that no health, public safety or public nuisance is likely to be created and will not disrupt normal activities in the area, he or she may issue the required permits.