To address the problems of overcrowded street parking conditions and the over spillage of cars parking on or disrupting the uses of surrounding properties caused by establishments having too few off-street parking spaces and to better safeguard surrounding properties from these uses, the Town Board has promulgated this Article.
[Amended 9-15-1981; 11-13-1990]
A. All new bars, taverns, restaurants, cafes and other places for the serving of food or beverages, or both food and beverages, whether such food and/or beverages are served inside a structure or outside a structure, or both inside and outside a structure, shall be permitted only by special permission from the Town Board after the required public hearing.
B. Any new bars, taverns, restaurants, cafes and other places for the serving of food or beverages, or both food and beverages, whether such food and/or beverages are served inside a structure or outside a structure, or both inside and outside a structure, shall be excluded from the requirement of a special permit from the Town Board if those establishments have seating for sixteen (16) or fewer persons and such establishments shall be primarily in the business of preparing food and beverages for off-premises consumption. "Seating" or "a seat' shall be defined as a physical chair and/or a stool capable of seating one (1) person and/or one and one-half (1 1/2) feet of counter space or space in a booth or bench seating.
C. All existing bars, taverns, restaurants, cafes and other places for the serving of food or beverages, or both food and beverages, whether such food and/or beverages are served inside a structure or outside a structure, or both inside and outside a structure, that are structurally altered and/or renovated where the occupancy would be increased by greater than ten percent (10%), as determined by the Department of Planning and Development, shall be permitted only by special permission from the Town Board, after the required public hearing.
[Amended 2-3-1981]
There shall be one (1) parking space for each two (2) stools at stand-at-counter areas or one (1) space for each three (3) linear feet of counter (whichever is greater) and one (1) parking space for each two (2) seats at tables, plus one (1) space for each two (2) employees on the maximum work shift.
A. Application for such special permit shall be made to the Town Board in such form as shall be determined by the Town Board from time to time by resolution.
B. Applications shall be filed with the Town Clerk and shall be accompanied by four (4) copies of a site development plan, which shall show location of buildings, parking areas, drainage and landscaping; four (4) copies of an accurately drawn map taken from actual field surveys by a licensed engineer or surveyor; four (4) copies oil an architectural rendering which will accurately reflect the final building or structure; and four (4) copies of floor plans accurately reflecting the size of rooms, number of tables, seats and counter space; the requisite fees which shall be established by the Town Board by resolution!
[Amended 8-16-1994]
Upon the request of the Town Board, the Planning Board shall study each application, make its recommendations and report to the Town Board. Such report shall include its recommendations for site development and requirements.
A. [Amended 8-16-1994] Before such approval shall be given, the Town Board shall deter-mine:
(1) That such use is reasonable, necessary and will be in harmony with and promote the general interest and welfare of the surrounding community.
(2) That the neighborhood character and surrounding property values are reasonably safeguarded.
(3) That the proposed use will not prevent the orderly and reasonable use of adjacent properties.
(4) That the site is particularly suitable for the location of such use in the community.
(5) That the access facilities are adjacent for the estimated traffic from public streets, so as to assure the public safety and to avoid traffic congestion.
B. [Amended 8-16-1994; 4-18-2000 by L.L. No. 5-2000] In making such determination the Planning Board shall also give consideration, among other things to:
(1) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permissive uses.
(2) The conservation of property values and the encouragement of the most appropriate uses of land.
(3) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways.
(4) The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use.
(5) Whether the use of materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.
(6) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise.
(7) Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the town or by other competent governmental agency.
(8) To the necessity for bituminous surfaced space for purposes of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.
(9) Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use, or by the structures to be used therefor, or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot.
(10) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(11) Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly.
Notwithstanding anything contained in § 213-15 of this chapter to the contrary, the Planning Board shall schedule and hold a public hearing on an application for a special exception permit pursuant to this article in accordance with the requirements of § 213-15 of this chapter.
The Planning Board, in action upon a special exception permit hereunder, shall consider the standards and guidelines provided in § 213-351 hereof and may attach such conditions and requirements to the granting of such permits as it deems necessary.
**Webmasters Note: Sections 213-351A.(5) to 213-353 has been amended as per Supp. Dated 10-20-2000.
No structural alteration or deviations from the approved site plan or application which shall affect the outer appearance or capacity of the building or structure shall be permitted without permission of the Town Board.
[Added 8-16-1994]
Any application filed pursuant to Chapter 186, Site Plan Review, and concerning a bar, tavern, restaurant, caf&233 or other place for the serving of food or beverages, or both food and beverages, whether such food and/or beverages are served inside a structure or outside a structure, or both inside and outside a structure, shall be made to the Town Board. Upon the request of the Town Board, the Planning Board shall study each application, make its recommendations for site development and requirements.
