§ 259-36. Definitions.

As used in this article, the following terms shall have the meanings indicated:

DEVELOPMENT PLAN

A written plan setting forth the following information, and such other additional information, if any, as may be subsequently requested by the Borough:

A. 

A description of the principal building and description of all properties immediately adjacent to such building.

B. 

A description of the proposed design and location of the sidewalk cafe, its dimensions and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, temporary fences and barriers, planters, serving carts, chairs, awnings, umbrellas, lighting and electrical outlets (if any).

C. 

A statement of the seating capacity of the proposed sidewalk cafe and of the existing restaurant actually operated by the applicant in the principal building.

D. 

A diagram demonstrating that pedestrian traffic along the sidewalk on which the sidewalk cafe is proposed to be located will in no way be impeded; and that there shall be at least six feet between the edge of the sidewalk closest to the curb and/or any traffic lanes (excluding therefrom any unpaved area) and the area where the sidewalk cafe or any appurtenances thereto are to be located, and including a diagram of the sidewalk cafe itself with all appurtenances.

PERMITTED ZONE

The GC or CC Zones, all as defined in Chapter 184, Land Use, of the Borough Code.

PERSON

Any individual, partnership, corporation, association or other entity.

PRINCIPAL BUILDING

The building which the principal, side or rear facade fronts on the sidewalk where the sidewalk cafe is located, or is proposed to be located.

PRINCIPAL FACADE

The face of the principal building facing the street right-of-way.

RESTAURANT

An establishment actually located within the principal building, the primary activity of which is the preparation of food for consumption by the public on its premises and where the food is to be consumed on, and with utensils of permanent, nondisposal, durable and reusable material, and shall include, by way of example, a restaurant, hotel, coffee shop, tearoom, dining room cafeteria, luncheonette, soda fountain, sandwich shop and the like.

SIDEWALK

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, parking aisle and/or imaginary curbline if not fronting on a street (excluding therefrom any unpaved area).

SIDEWALK CAFE or CAFE

A restaurant as defined herein which also is characterized by the following:

A. 

Serving food to be consumed by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, parking aisle and/or imaginary curbline if not fronting on a street, the principal, side and/or rear facade and the imaginary perpendicular lines running from the outer edge of such facade to the public street, parking aisle and/or imaginary curbline if not fronting on a street.

B. 

Containing readily removable tables, chairs, temporary railings and/or planters.

C. 

Unenclosed by fixed walls or ceilings, fences, except for retractable awnings, removable barriers, umbrellas or other nonpermanent enclosures.

Amended 6-11-1998 by Ord. No. 98-12R