In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience, and
general welfare. If the lot or yard areas required by this chapter
for a particular structure are diminished, the existence of such structure
shall be deemed a violation of this chapter. The lot or yard areas
of structures existing at the time of the passage of this chapter
shall not be diminished below the requirements herein provided for
structures hereafter erected, and such required lot or yard areas
shall not be included as a part of the required lot or yard areas
of any structure hereafter erected.
A.
This chapter shall not repeal, abrogate, annul or in any way impair
or interfere with any existing provisions of law or ordinance or any
rules or regulations previously adopted or issued or which shall be
adopted or issued pursuant to law relating to the use of buildings,
structures, lots or land, provided that, where this chapter imposes
a greater restriction upon the use of buildings, structures, lots
or land or upon the height of structures or requires larger lots or
yards than are imposed or required by such existing provisions or
regulations, the provisions of this chapter shall control.
B.
Conflicting standards. This chapter shall not be deemed to affect
in any manner whatsoever any easements, covenants, or other agreements
between parties; provided, however, that where this chapter imposes
a greater or lesser restriction upon the use of buildings or land,
or upon the erection, construction, establishment, movement, alteration
or enlargement of buildings than are imposed by other ordinances,
rules, regulations, licenses, certificates or other authorizations,
or by easements, covenants or agreements, the more restrictive requirements
shall prevail.
A.
General. The area or dimension of any lot, yard, parking area or
other space shall not be reduced to less than the minimum required
by this chapter; and, if already less than the minimum required by
this chapter, said area or dimension shall not be further reduced.
B.
Yard regulations.
(1)
Required yards.
(a)
Every lot shall include front, side and rear yards having the
areas and dimensions required within the particular zone in which
said lot is located.
(b)
No yard or other open space provided for any building for the
purpose of complying with the provisions of this article shall be
considered as providing a yard or other open space for any other building
on any other lot.
(c)
No land in a residential zone shall be used to fulfill open
space, minimum areas, minimum yard and setback requirements, parking
or other similar requirements for uses in nonresidential zones.
(2)
Projections and encroachments. No building, structure or part thereof,
such as balconies, porches or overhangs, shall be permitted to encroach
into any street or other public right-of-way or extend over any property
line, except that awnings on the first floor of a building may encroach
not more than two feet into a street or other public right-of-way
and wall signs may encroach not more than six inches into a street
or other public right-of-way. Encroachments into a street or other
public right-of-way other than those permitted by this section shall
be specifically approved by way of the granting of an easement by
the Board of Commissioners. Yards and courts required by this article
shall be free of buildings, structures or parts thereof, and no building
or structure shall project into any front, side or rear yard required
by this article, nor shall use be made of such yard, except as follows:
(a)
Unenclosed porches, including steps extending not more than
72 inches from the building line and not exceeding more than 20 square
feet in size.
(b)
Window wells affording light and air to basement and cellar
areas.
(c)
Chimneys, cornices and eaves which may project not more than
two feet into any required yard.
(d)
Driveways providing access to permitted garages or parking areas;
provided, however, that on single-family and two-family lots, driveways
used to provide access to private garages shall not be wider than
10 feet.
(e)
Sills, leaders and similar ornamental or structural features
which may project not more than six inches into any required yard.
(f)
Fences and retaining walls, where specifically permitted in
this chapter.
(g)
Freestanding flagpoles, television antennas and radio aerial
masts, children's playground equipment, outdoor fireplaces and
yard clothes lines and posts but must be set back at least three feet
from any property line and shall not be located in the front yard,
except for freestanding flagpoles.
(h)
Accessory buildings and uses, including swimming pools, where
specifically permitted in this chapter.
(i)
Residential heating and cooling units, if located in the side
yard and which shall be buffered from adjacent neighbors with evergreen
plantings or a fence to help mitigate visual appearance, noise and
vibration.
(j)
Parking areas in connection with existing and proposed residences
in the R Low Density Residential District and existing and proposed
one-, two- and three-family dwellings in any zone or district.
[Added 3-18-2014]
(3)
Lots abutting municipal parking lots. Any nonresidential lot abutting
a municipal parking lot shall be required to meet only 1/2 of the
minimum yard requirements for the zone in which located for the yard
abutting the municipal parking lot.
(4)
Prevailing setback. In order to maintain the character of the established
building streetscape in residential neighborhoods, the average of
the front setback of each existing building on the same side of the
same street within the same block within 100 feet shall be calculated
in those districts noted to require a prevailing setback calculation
within the zoning schedule at the end of this chapter. The prevailing
front setback shall be no more than twice the front setback noted
within the zoning schedule for said district.[1]
[1]
Editor's Note: See the Schedule of Bulk Regulations attached
to this chapter.
C.
Lot frontage.
(1)
Every principal building shall be built upon a lot with the minimum
required frontage upon an approved street which shall be improved
in accordance with the street standards established by the City of
Union City or the Residential Site Improvement Standards (RSIS), as
applicable.
(2)
On any through lot, the front yard shall be considered that frontage
upon which the majority of the buildings in the same block front,
but in case there has been no clearly defined building frontage established,
the owner shall, when applying for a building permit, specify which
lot line shall be considered the front lot line.
D.
Corner lots.
(1)
Side yard requirements of a corner lot. The side street setback line
of any corner lot shall not be less than the minimum front yard required
on any adjoining lot fronting on a side street.
(2)
Wherein an existing lot is a corner lot as defined in this chapter,
any future subdivision of that parcel of land shall be required to
front new lots created by subdivision on the shorter street frontages
bounding the limits of the City block in which the subject parcel
is located.
E.
Principal buildings.
(1)
Only one principal building may be erected on a lot in the R Zone. In all other zones, related compatible buildings under one management may be erected, used or occupied, provided that all other open space, setback and coverage requirements of this article and Article VI are met.
(2)
No new building shall be constructed on or any existing building
altered or moved onto any lot for use as a dwelling when there exists
on said lot a building which is being used for dwelling purposes.
No building other than a structure permitted in and by this article
shall be constructed in front of or moved to the front of a principal
building situated on the same lot.
F.
Height exceptions.
(1)
Appurtenances attached to principal structures. Church spires, belfries,
domes or antennas attached to buildings, stair towers, chimneys, ventilators,
skylights, water tanks, bulkheads and necessary mechanical appurtenances
usually carried above roof level shall not be considered when determining
the height of the building and are not subject to height limitations,
except that the total square footage of such features shall not exceed
20% of total roof area and shall not exceed a height such as is necessary
to accomplish the purpose for which it is intended to serve.
(2)
Freestanding noncommercial accessory structures. Water towers and
radio and television antennas which are erected as freestanding structures
may be erected to a height which can be demonstrated to the approving
authority is necessary to accomplish their intended function. Federally
licensed amateur radio facilities shall be subject to Federal Communications
Commission (FCC) rules which govern the height of licensed amateur
operator radio antennas. The height of the tower or antennas shall
conform to United States Federal Communications Commission Regulations
governing licensed amateur radio operators and, if required, Federal
Aviation Administration (FAA) notification and FCC approval. All freestanding
noncommercial accessory structures shall not be located within any
required front, side or rear yard setback areas and shall be subject
to the structural provisions of the New Jersey Uniform Construction
Code.
G.
Accessory structures and uses.
(1)
General requirements.
(a)
Any accessory structure attached to the principal building shall
be considered part of the principal building.
(b)
No accessory building shall be constructed on any lot on which
there is not a principal building structure.
(c)
No accessory building or structure shall be permitted in any
front yard.
(d)
On through lots, no accessory structure erected in the rear
yard shall be nearer to the "rear" street line than the minimum front
yard setback for the zone in which such lot is located.
(e)
Except as permitted elsewhere in this chapter, accessory buildings
built in a rear yard on interior lots shall be no closer than three
feet to any side or rear property line of the lot containing said
accessory building; provided, however, that no accessory building
shall be located closer than five feet to said line on any lot which
has a rear lot line that serves as a side line of an adjoining property.
(f)
No accessory building or structure shall be located closer than
10 feet to from a principal building.
(g)
Except as specifically permitted elsewhere in this article,
no accessory building or structure shall exceed 15 feet in height.
(h)
No accessory building shall have floor or ground area in excess
of 500 square feet or 1/3 of the floor or ground area of the principal
building, whichever is greater.
(i)
No accessory building shall be used for human habitation.
(2)
Requirements for specific accessory structures and uses.
(a)
Minor home occupations. Minor home occupations shall be permitted
as accessory uses in all residential zones and shall be exempt from
approval by the Planning Board or Zoning Board of Adjustment if the
following standards are satisfied:
[1]
The practitioner must be the owner or lessee of the residence
in which the minor home occupation is contained.
[2]
The practitioner must reside in the home.
[3]
There are no nonresidential employees working on the premises.
[4]
The minor home occupation is clearly incidental and subordinate
to the principal use of the dwelling for residential purposes. The
maximum area devoted to the minor home occupation shall be limited
to not more than 25% of the total area of the floor where located,
excluding space used for a private garage or 400 square feet, whichever
is smaller.
[5]
There is no external evidence of the minor home occupation.
[6]
No retail sales shall be conducted on the site.
[7]
No clients shall visit the site.
[8]
There is no sign identifying the minor home occupation.
[9]
There are no delivery vehicles other than those associated with
the residential use on site.
[10]
No equipment or process shall be used in such minor home occupation
which creates noise, glare, fumes, odors, electrical interference,
medical waste or other nuisance factors detectable to the normal sense
or to radio, telephone or television equipment off the lot.
(b)
Amusement machines. Such machines shall be permitted in the
C-C, C-G, C-N, MU and UTOD Zones as accessory uses to establishments
where the primary use is a recreational/entertainment use, such as
theaters, in accordance with the following limitations:
[1]
There shall be 60 square feet of operating area for each machine.
The calculations of the operating areas shall exclude any area of
the premises which is used for other purposes, but shall include access
and walkways primarily serving the machine.
[2]
Not more than five such machines as accessory uses shall be
permitted in any single establishment.
[3]
The maximum area devoted to such machines (60 square feet by
number of licensed machines) shall not constitute more than 30% of
the gross floor area of the establishment.
(c)
Satellite antennas.
[1]
Permitted districts. A receive-only satellite antenna shall
be permitted as an accessory use in all zone districts. Satellite
antennas shall not require site plan approval from the approving authority.
[2]
Performance standards.
[a]
No satellite antenna may be placed in the front
yard of any lot in the City. A corner lot shall be deemed to have
a front yard facing each street.
[b]
The diameter of satellite antennas shall not exceed
three feet. Receive-only satellite antennas shall be the only type
permitted.
[c]
No satellite antenna shall be closer to the side
property line than a distance equal to the diameter of said antenna
or side yard setback requirement for the principal structure on the
lot, whichever results in the greater setback.
[d]
No satellite antenna shall be closer to the rear
property line than a distance equal to the diameter of said antenna
or rear yard setback requirement for the principal structure on the
lot, whichever results in the greater setback.
[e]
When mounted on the ground, the overall height
from the surrounding ground level to the lowest point of the antenna
shall not exceed two feet, except in instances where additional clearance
is needed to satisfactorily receive and/or transmit signals. No ground-mounted
satellite antenna shall exceed five feet in height, as measured from
the average grade of the base of the antenna to the highest point
of the antenna.
[f]
Roof-mounted antennas.
[g]
Flat roofs and mansard-style roofs. No roof-mounted
satellite antenna may extend above the roofline more than four feet
when mounted on a flat roof or mansard-style roof. However, upon a
showing that such a roof-mounted antenna will not receive adequate
reception under the restrictions of this subsection, the minimum height
necessary for reasonable satisfactory reception may be allowed. Roof-mounted
antennas on a flat roof shall be located in the center of the roof
structure to reduce visibility.
[h]
All other style roofs. No roof-mounted satellite
antennas may extend above the highest point of the roof more than
three feet when mounted on all other style roofs, and the roof-mounted
satellite antenna must be located on the portion of the roof facing
the rear yard or, if this would unreasonably limit signal reception,
the side yard. However, upon a showing that such a roof-mounted antenna
will not receive adequate reception under the restrictions of this
subsection, the minimum height necessary for reasonably satisfactory
reception may be allowed.
[i]
All satellite antennas shall be painted a solid,
dark, nonmetallic, nonglossy color if ground-mounted. Roof-mounted
antennas mounted on a flat roof or mansard-style roof shall be painted
a solid, dark, nonmetallic, nonglossy light to medium gray. When mounted
on all other style roofs, the satellite antenna shall be painted the
color of the surface to which it is attached.
[j]
The number of allowable satellite antennas on buildings
containing a residential use shall be one per dwelling unit.
[k]
The satellite antenna may only be used for occupants
of the building located on the property.
[l]
When the use of a satellite antenna is abandoned
it shall be removed within 30 days.
[m]
Satellite antennas may not be mounted on a portable
or movable structure, such as a trailer.
[n]
To the extent permitted by law, no satellite antenna
shall be located on or abutting any property which is located within
the National or State Register of Historic Places.
[o]
No satellite antenna shall be erected on a public
utility easement without the consent of the easement holder.
[p]
Screening. Ground-mounted antennas shall be screened
as to minimize visibility from public streets and adjoining properties.
Screening shall be accompanied by the installation of landscaping
and/or fencing or in the form of a wall or structure enclosing the
antenna. The species, quantity, size and spacing of plant materials
shall be specified on the site plan.
[3]
Such satellite antennas, appurtenances, landscaping and fencing
shall be kept and maintained in good condition.
(d)
Outdoor storage.
[1]
Outdoor storage of any kind is prohibited within the front yard.
[2]
The outdoor storage of any items, materials and equipment, other
than those customarily placed in courtyards and yards, incidental
to authorized residential use and occupancy, is prohibited in all
residential zones.
[3]
No outdoor vertical stacking of vehicles shall be permitted.
[4]
Outdoor storage of garbage trucks in any zone is specifically
prohibited.
[5]
No flammable or explosive liquids, solids or gases shall be
stored above ground unless as otherwise required by applicable federal,
state or local regulations. Tanks or drums of fuel directly connecting
with heating devices or appliances located on the same premises as
the tanks or drums of fuel are excluded from this provision.
[6]
All outdoor storage facilities shall be enclosed by a fence
or wall not to exceed six feet in height adequate to conceal such
facilities and the contents thereof from adjacent property and shall
meet all required accessory building setbacks for the zone in which
located. This provision shall not apply to outdoor storage of new
cars or other vehicles on the premises of a dealer.
[7]
No materials or wastes shall be stored on any premises in such
form or manner that they may be transferred off such premises by natural
causes or forces such as wind or water.
[8]
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard, or which may be edible by or otherwise attractive
to rodents or insects, shall be stored outdoors only in closed containers.
(e)
Decks, patios and terraces over three feet in height must meet
the required yard setbacks for principal buildings.
(f)
Swimming pools.
[1]
No nonstorable pool and any related decking shall be closer
than three feet to any side or rear lot line.
[2]
On any corner lot, no part of any private swimming pool shall
be constructed within the front yard area required to be provided
on either street.
[3]
Artificial lights used or maintained in connection with a private
swimming pool shall be so located and shielded that the illumination
therefrom is not directed upon any adjacent property.
[4]
No private swimming pool shall be used other than as an accessory
use of the premises whereon it is located.
[5]
The fence requirement set forth in this section shall be complied
with.
[6]
Any buildings or structures erected in conjunction with a swimming
pool shall comply with the provisions on accessory structures.
(g)
Family day-care homes. Family day-care homes as defined in § 223-5 are permitted as accessory uses in all residential zones.
(h)
Automated teller machines (ATMs). Outdoor ATMs are permitted
in association with on-site financial institutions, in accordance
with the bulk and design standards of this chapter. Measures to enhance
personal security at the ATM stations shall be provided. Other commercial
uses shall be permitted to contain indoor ATMs that may operate during
normal business hours and will be subject to the sign requirements
of this chapter, where applicable.[2]
(i)
Certain nonresidential accessory uses.
[1]
Vending machines. In the C-C, C-G, C-N, MU and UTOD Zone Districts,
a nonresidential property is permitted to have no more than two outdoor
vending machines in accordance with the following:
[a]
The machine(s) shall be appropriately located so
as not to interfere with sight triangles, required setbacks, on-site
circulation, landscaping and parking.
[b]
The machine(s) shall be accessory to an existing
nonresidential use.
[c]
A zoning permit for outdoor vending machines shall
be required. The permit shall be granted when it is determined by
the Zoning Officer that the most appropriate location for the machine(s)
has been achieved.
[2]
Used clothing bins. In the C-N Zone District, a nonresidential
property is permitted to have up to two used clothing bins in accordance
with the following:
[a]
The bin(s) shall be appropriately located so as
not to interfere with sight triangles, and on-site circulation, required
setbacks, on site, circulation, landscaping and parking.
[b]
The bin(s) shall be accessory to an existing nonresidential
use.
[c]
A zoning permit for used clothing bins shall be
required. The permit shall be granted when it is determined by the
Zoning Officer that the most appropriate location for the bin(s) has
been achieved.
[3]
Phone booths, mail and courier boxes and newspaper distribution
boxes. These items may not be located in required sight triangles
and should be located so as to not interfere with pedestrian or vehicular
circulation and safety. These uses are recommended to be as aesthetically
pleasing as possible and to incorporate a design theme where appropriate.
(j)
Permanent standby generators required in certain residential
properties (new construction only).
[Added 12-15-2015]
[1]
COMMON AREA
PERMANENT STANDBY GENERATOR
PORTABLE STANDBY GENERATOR
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
A common undivided space intended for the use or enjoyment
by all residents of the dwelling and their invitees, such as an elevator,
hallway, lobby, or stairway.
Generators permanently connected to the property's electrical
systems in order to provide backup power in the event of power outages
to the residential structure. Once utility power is restored, the
generator automatically transfers the electrical load back to the
utilities, or is manually switched off and power is turned back to
the utilities.
Generators not permanently connected to the property's
electric systems, which use a self-contained fuel source and have
wheels or are light enough to be carried.
[2]
Applicability and purpose.
[a]
This subsection is applicable on new construction
only.
[c]
The owner(s) of residential property to whom this
subsection is applicable shall be required to install a permanent
standby generator to provide backup power, in the event of a power
outage, to all common areas of the property, including smoke detectors,
carbon monoxide detectors, and emergency lights located therein.
[3]
Fuel. All permanent standby generators shall operate only on
natural gas.
[4]
Time of use. All permanent standby generators shall only be
used during electrical power outages and as required by the manufacturer
for maintenance purposes. Maintenance operation shall only take place
during daylight hours between the hours of 10:00 a.m. and 5:00 p.m.,
not to exceed once a week.
[5]
Siting and placement requirements. All permanent standby generators
must be located within the structure or on the rooftop of the structure
in accordance with all applicable Code requirements.
[6]
Impact on neighboring properties.
[a]
All permanent standby generators shall be placed
so as to minimize the visual impact on adjacent properties with the
use of appropriate sound attenuating architectural materials and landscape
screening such as shrubbery or fencing.
[b]
The noise level of any permanent standby generator,
when in use, shall not create a nuisance as determined by the New
Jersey State noise statutes and regulations.
[7]
Regulatory compliance.
[a]
The permanent standby generators shall be installed
and operated in accordance with manufacturer's requirements as
well as all building codes adopted by the State of New Jersey, whichever
is more stringent.
[8]
Enforcement.
[a]
Any person, firm, corporation or other entity who shall violate any of the provisions of this subsection shall be punishable as provided in Chapter 1, General Provisions, Article IV, General Penalty, except that each violation therein shall be subject to a maximum fine of $500 and each day that such violation shall continue shall be deemed a separate offense. Fines are payable through the Municipal Court Violations Bureau.
[b]
Violation of any provision of this subsection shall
be cause for a Municipal Court summons to be issued by the Police
Department, Code Enforcement Official, and Health Officer.
[c]
Any person convicted of violating any provision
of this subsection in a criminal case or found to be in violation
of this subsection in a civil case brought by a law enforcement agency
shall be ordered to reimburse the City and other participating law
enforcement agencies their full investigative costs.
[d]
Any interested person may seek an injunction or
other relief to prevent or remedy violations of this subsection. The
prevailing party in such an action shall be entitled to recover reasonable
costs and any attorney fees.
[e]
The remedies provided in this subsection are not
exclusive, and nothing in this subsection shall preclude the use or
application of any other remedies, penalties or procedures established
by law.
H.
Affordable housing. The City of Union City is committed to addressing
its constitutional obligation to provide a fair share of affordable
housing for moderate- and low-income households. It is the intent
of this chapter to incorporate the applicable rules of the New Jersey
Council on Affordable Housing or any other agency of the State of
New Jersey that is responsible for administering affordable housing
requirements.
A.
Amusement events. Notwithstanding any other provisions of this chapter,
the following uses may be permitted only by the Board of Commissioners,
subject to all applicable ordinances:
(1)
Temporary circuses, pony rides, animal acts, carnivals, bazaars,
and educational sports, music or theatrical enterprises and displays
when held out of doors in any zone, provided that the same are sponsored
by a recreational, religious, charitable, social or services organization
located within the City of Union City.
(2)
Cultural or athletic events which are part of a house of worship,
community house or school, and which are held on the premises owned
or leased by or otherwise under the control of the institution conducting
or sponsoring said program.
(3)
Bingo, raffles or other legalized games of chance, when properly
licensed in accordance with state and municipal requirements.
B.
Apartments above the ground floor. Where apartments are permitted
as a principal permitted use on upper floors only, the following requirements
shall be met:
(1)
Each apartment shall have its own entrance to a hallway, staircase
or to the exterior.
(2)
The ground floor entrance to the apartment unit or units shall be
separated from the entrance to the ground floor use.
(3)
An applicant or developer shall provide credible evidence to the
satisfaction of the approving authority that sufficient parking spaces
are available and/or reserved in either public or private off-street
parking lots for the overnight parking of vehicles of the prospective
tenants of the apartment or apartments where off-street parking is
required, except that for buildings located on Bergenline Avenue between
30th Street and 47th Street or on Summit Avenue between 5th Street
and 18th Street, no parking shall be required for the first six dwelling
units in a building.
(4)
A principal nonresidential use must be located on the ground floor
of the building.
C.
Child-care centers. Child-care centers as defined in § 223-5 are permitted uses in all nonresidential zones pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-66.6 and 40:55D-66.7. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating 1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder; and 2) the permitted density allowable for that building or structure. New buildings shall comply with City parking standards.
D.
Essential services. Public utility lines for the transportation,
distribution and/or control of water, electricity, gas, oil, steam
and telegraph and telephone communications, and their supporting members,
other than buildings and structures, including pipes, shall not be
required to be located on a lot, nor shall this chapter be interpreted
to prohibit the use of a property in any zone for the above uses.
For purposes of this provision, wireless telecommunications facilities
shall not be deemed an essential service.
E.
Outdoor dining on private property. It is the intent of this section to permit outdoor dining areas accessory to restaurant uses subject to site plan approval by the appropriate approving authority. Outdoor dining areas on private property shall comply with all applicable regulations of Chapter 185, Article IV, Outdoor Dining, as well as the following:
(1)
The area utilized for outdoor dining areas must be accessory in nature
to a fully enclosed eating establishment.
(2)
Applicants proposing to establish outdoor dining areas shall submit
to the approving authority a layout of the proposed seating areas,
which shall include but not be limited to a depiction of the maximum
size of the area, the maximum number and general layout of seats and
tables, all aisles and routes of ingress and egress, clearances between
tables and chairs, the location of all food preparation and serving
areas, an illustration, rendering and/or photograph of all proposed
furniture, umbrellas, awnings and signage and any other site detail
the authority deems necessary in order to reach a decision for site
plan approval. Tables and chairs shall be placed and maintained in
an orderly fashion and shall not create a hazard. No picnic style
tables are permitted.
(3)
No more than 25% of total on-site restaurant seating shall be provided
outdoors. The actual maximum number of outdoor seats shall be decided
by the approving authority during the site plan review process. This
number shall be based on the total number of seats, the size of the
property, the amount of on-site/available parking, the size of the
outdoor area, and any other health and safety recommendations the
authority or any agency of the City deems appropriate.
(4)
The seating contained in an outdoor dining shall be considered in
determining the parking space requirement for a retail food establishment.
(5)
The outdoor dining and area must be directly accessible to the interior
eating area. Areas that must be accessed via property not controlled
by the applicant or property owner are not considered directly accessible.
(6)
All outdoor dining areas shall provide adequate aisle area for the
unimpeded passage of handicapped individuals.
(7)
A six-foot fence and a minimum five-foot wide evergreen buffer shall
be provided if the outdoor dining area is adjacent to a residential
zone or property.
(8)
All service areas shall be inside the enclosed restaurant area. No
food or dining shall be prepared in the outdoor dining area, and no
food or condiments shall be stored outside. Food and drink served
in outdoor dining areas shall be the same as that served in the restaurant.
(9)
All outdoor dining areas shall allow at least four feet of unobstructed
access to building entrances and exits.
(10)
No outdoor dining area shall be located in front of any driveway,
parking lot entrance, alley, or other vehicular thoroughfare nor impede
adequate sight distance for motorists.
(11)
The applicant is responsible for keeping the area and the adjacent
public and private areas free and clear of any debris or litter. Areas
must be cleaned as needed and at the time the business is closed for
the evening. Failure to keep outdoor dining areas clean shall constitute
a fine in an amount not less than $100 per violation.
(12)
The applicant shall not direct or permit to be directed to or
from the outdoor dining area any bell, siren, whistle, loudspeaker
public address-system, or similar device. Outdoor music is permitted,
provided that all noise audible from the outside shall be kept at
such a level as to comply with all provisions of the City ordinances
relating to noise.[1]
[1]
Editor's Note: See Ch. 261, Noise.
(13)
Nothing herein shall be construed to authorize outdoor dining
areas for uses prohibited by the landowner or by this chapter or other
rule or regulation. Nothing herein shall be construed to vary, alter,
or amend any rule or regulation relating to the sale and consumption
of alcoholic beverages. Alcoholic beverages may be served in outdoor
dining areas operated by restaurants having a valid Alcoholic Beverage
Control retail consumption license, but only in the licensed area
and in accordance with the terms of the license.
(14)
Permits for outdoor cafes shall be valid for one year from the
date of issuance of the permit. Applicants receiving site plan approval
for an outdoor dining area shall obtain from the City Construction
Code Official a permit each year they wish to continue the area, provided
that the operations have not changed and the applicant is in compliance
with the requirements of this chapter and all other applicable City
codes.
(15)
There shall be no additional signage on any part of an outdoor
cafe.
G.
Temporary offices. Trailers or mobile structures used as temporary
offices, workshops or for the storage of equipment and materials in
connection with permitted construction of new buildings or structures
may be temporarily permitted on the same site during the actual period
of construction.
Regardless of whether the City is acting in or pursuant to the
performance of a governmental function carrying out a legislative
mandate or in the exercise of its private right as a corporate body,
any municipally owned, operated or controlled building, structure,
facility or use, either existing or proposed, shall be permitted in
any class of zone, it being the intention that whatever the City may
be authorized to do shall constitute a function of government and
that whenever the City shall act pursuant to granted authority, it
acts as government and not as a private entrepreneur. Further, the
City shall submit development plans to the Planning Board for its
review and recommendation but shall not pay to itself application
fees.