To address the problems of overcrowded street
parking conditions and the overspillage 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; 4-18-2000 by L.L. No. 5-2000; 10-23-2012 by L.L. No. 14-2012]
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 exception permit from the Planning Board,
after the required public hearing, except when located in a planned
shopping center over 350,000 square feet.
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 exception permit from
the Planning Board if those establishments have seating for 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 person and/or 1 1/2 feet of counter space or space
in a booth or bench seating except when located in a planned shopping
center over 350,000 square feet.
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 20%, as determined by the Department
of Planning and Development, shall be permitted only by special exception
permit from the Planning Board, after the required public hearing,
except when located in a planned shopping center over 350,000 square
feet.
[Amended 2-3-1981; 10-23-2012 by L.L. No. 14-2012]
There shall be one parking space for each two stools at stand-at-counter areas or one space for each three linear feet of counter (whichever is greater) and one parking space for each two seats at tables, plus one space for each two employees on the maximum work shift, except when located in a planned shopping center over 350,000 square feet when §
213-286V shall apply.
[Amended 8-16-1994; 4-18-2000 by L.L. No. 5-2000]
Application for such special exception permit
shall be made to the Planning Board in such form as shall be determined
by the Planning Board from time to time by resolution and upon payment
of fees as established by the Town Board from time to time.
[Amended 4-18-2000 by L.L. No. 5-2000; 8-11-2000 by L.L. No.
18-2000]
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.
[Amended 4-18-2000 by L.L. No. 5-2000]
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.
[Added 4-18-2000 by L.L. No. 5-2000]
A. All special exception permit applications and site
plan applications hereunder for which a public hearing has been held
by the Town Board and for which a decision is pending as of the effective
date of this local law shall be decided by the Town Board. All other pending
applications for a special exception permit hereunder shall be heard
and decided by the Planning Board.
B. All applications to amend or modify a special exception
permit issued by the Town Board hereunder, or to amend or modify a
site plan previously approved by the Town Board hereunder, shall be
heard and decided by the Planning Board.