Babylon City Zoning Code
ARTICLE XXVI
On-Premises Food and Beverage Consumption Establishments
§ 213-346 Purpose.
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.
§ 213-347 Permits required.
[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.
§ 213-348 Parking requirements.
[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.
§ 213-349 Application for special exception permit.
[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.
§ 213-350 (Reserved) [1]
[1]
Editor's Note: Former § 213-350, Recommendation of Planning Board, was repealed 4-18-2000 by L.L. No. 5-2000.
§ 213-351 Standards and considerations.
A.
Before such approval shall be given, the Planning Board shall determine:
[Amended 8-16-1994; 4-18-2000 by L.L. No. 5-2000]
(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.
In making such determination the Planning Board shall also give consideration, among other things to:
[Amended 8-16-1994; 4-18-2000 by L.L. No. 5-2000]
(1)
The character of the existing and probable development of uses in the district and the peculiar suitablilty 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.
§ 213-352 Public hearing; notice.
[Amended 4-18-2000 by L.L. No. 5-2000; 8-11-2000 by L.L. No. 18-2000]
§ 213-353 Permit conditions.
[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.
§ 213-354 Savings clause; effect on pending applications.
[Added 4-18-2000 by L.L. No. 5-2000[1]]
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[2] 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.
[2]
Editor's Note: "This local law" refers to L.L. No. 5-2000.
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.
[1]
Editor's Note: This local law also repealed former § 213-354, Alteration of approved site plan, and former § 213-354.1, Site plan review.