[Added 1-17-1983 by L.L. No. 3-1983]
[Added 5-5-2008 by L.L. No. 7-2008]
As to new food establishments permitted or not prohibited pursuant
to this Code:
A.
All plans submitted for approval shall comply with the following:
(1)
No signs advertising the sale, price or availability of any
product or service are to be placed in the windows or on the doors
of any food establishment, unless approved by the Architectural Review
Board.
(2)
Approval for all other signage to be placed in the windows or
exterior of any food establishment must be obtained from the Architectural
Review Board.
(3)
Any food establishment owning and/or employing shopping carts
in the course of its business are prohibited from keeping, storing
or maintaining them on public property and shall provide interior
space for the storage thereof and accessibility thereto.
(4)
Attendants must be provided to remove such shopping carts from
public property, including but not limited to sidewalks and parking
fields and parking spaces, and return them to their storage areas.
(5)
Attendants are to inspect these areas for shopping carts and
remove them as required, every 20 minutes during hours of operation.
Under no circumstances are shopping carts to remain in or on public
property when their owners' businesses are not in operation.
(6)
Legible signs in large letters are to be conspicuously place
in all interior storage spaces, requesting customers to return shopping
carts to those storage areas.
(7)
Every food establishment is prohibited from placing garbage
on public property and is required to provide interior space for the
retention, storage and collection of garbage which it generates.
(8)
Any food establishment owning and/or employing tables and chairs
for outdoor use on its property and in the course of its business
is prohibited from keeping, storing or maintaining them outdoors,
except during business hours, and shall provide interior space for
the storage thereof.
(9)
Any other prohibition, restriction, limitation or requirement
that the Board of Trustees acting as a Planning Board, upon its review
of an application for a special exception, in its judgment and discretion
deems necessary or appropriate to the maintenance of the standards
set forth in this section.
B.
Standards. The use and occupancy of any building for the preparation, service or sale of food for consumption on or off the premises permitted or not prohibited by this Code shall not be expanded, changed or converted to any other use for the preparation, service or sale of food for on- or off-premises consumption, including any use by special exception by the Board of Zoning Appeals in accordance with §§ 95-29D, and 265-30C(1) of this Code.
(1)
Whenever this chapter authorizes a use by special exception
from the Board of Zoning Appeals, no such special exception shall
be issued unless the Board of Zoning Appeals shall first consider
the public health, safety and welfare and the comfort and convenience
of the public in general and of the residents of the immediate neighborhood
in particular. The Board of Zoning Appeals may prescribe such appropriate
conditions and safeguards as may be required in order that the result
of its action shall, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives:
(a)
All proposed structures, equipment and material shall be readily
accessible to fire and police protection.
(b)
All proposed uses shall be of such location, size and character
that, in general, they will be in harmony with the appropriate and
orderly development of the district in which they are proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(2)
That, in addition to the above, in the case of any use located
in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with the said residential or business
district or conflict with the normal traffic of the neighborhood;
and that there will be off-hour or non-peak traffic ingress or egress
from the property; and that there will be adequate access to it for
purposes of fire and safety protection, including traffic control.
(b)
The location and height of buildings, the location, nature and
height of walls and fences and the nature and extent of landscaping
on the site shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent land and buildings.
(c)
That the nature and intensity of such use sought in a residential
or business district and the traffic generated by it shall not be
hazardous, incongruous or detrimental to the prevailing residential
or business character of the neighborhood.
(d)
That each special exception use in a business district shall
be harmonious with the district in which its location is sought, shall
not create undue pedestrian or vehicular traffic hazards and shall
not include any noise, fumes or lights that will hinder normal development
of the district or impair the use, enjoyment or value of adjacent
land and buildings.
(3)
In granting any such special exception, the Board of Zoning
Appeals may also:
(a)
Require any walls, fences, landscaping or other treatments which
it deems necessary to protect the value of adjacent properties or
to prevent any hindering of the appropriate development of adjacent
land.
(b)
Require a proposed plan showing the size and location of the
lot, the location of all buildings and proposed facilities, including
access drives, lighting, parking areas, all streets within 200 feet
of the lot and other requirements as required for a special exception.
(c)
Require that the special exception permits be renewed every
two years. Such renewal may be granted only after the payment of a
permit renewal fee after an inspection by the office of the Superintendent
of Buildings certifying that there is full compliance with the decision
of the Board of Zoning Appeals granting the original special exception(s)
and any condition(s) that have been imposed therein. Such renewal
may not be denied unless the office of the Superintendent of Buildings
shall determine that such conditions as may have been prescribed by
the Board of Zoning Appeals in conjunction with the issuance of the
original special exception or a prior renewal have not been or are
no longer being complied with.
(4)
In making a determination on an application for a special exception,
the Board of Zoning Appeals shall give consideration, among other
things, to:
(a)
The preservation of environmental and ecological assets of the
property, including the physical conditions and topography thereof.
(b)
Whether the character, size, location and design of the proposal
is an appropriate use of land and in harmony with surrounding property.
(c)
The contribution which the proposal will make to the proper
growth and development of the Village.
(d)
The impact of the proposed use on vehicular and pedestrian traffic,
disposition of stormwater, sewerage, garbage and refuse and other
municipal services.
(5)
Before approving an application for a special exception, the
Board of Zoning Appeals shall:
(a)
Determine that the use will not prevent the orderly and reasonable
use of adjacent properties.
(b)
Determine that the proposed use will be in harmony with the
general purposes and intent of this chapter.
(c)
Impose such conditions and safeguards, as it shall determine
to be appropriate, necessary or desirable to preserve the spirit and
objectives of this chapter.
(d)
Whether the proposed use and/or vehicular traffic generated
thereby will cause obnoxious gases, odors, smoke, soot, noise, vibration,
light or other disturbing emissions, and their effect on air quality.
(e)
Adequacy of public utilities to serve the proposed use and of
access thereto by fire and other emergency apparatus.
C.
Applications.
(1)
Applications shall be submitted for a public hearing in the
same manner and accompanied by the same items and information as if
the application were one for a zoning variance.
(2)
Notice of such public hearing shall be given by the applicant
to the same persons and in the same manner as applicable with respect
to applications for a zoning variance.
D.
Time limitations. In the event that within six months from the date
of a determination by the Board of Zoning Appeals granting a special
exception pursuant to this section, substantial use thereof or substantial
construction pursuant thereto has not commenced, or in the event that
within one year after such date construction has not been completed,
the special exception shall expire. Notwithstanding the foregoing,
the Board of Zoning Appeals may, upon written application made before
such expiration and upon payment of required fees and without further
public hearing, extend the time for such commencement of construction
or use and/or completion of construction for an additional period
not to exceed six months.
[1]
Editor's Note: Former § 265-132, Alterations to
restaurants in business use districts, as amended, was repealed 9-8-2003
by L.L. No. 11-2003.
Every application for a special exception to
be heard by the Board of Trustees of the Village of Cedarhurst shall
be on such forms as approved by said Board and shall be accompanied
by a fee which shall be as set by the Board of Trustees by resolution
of a majority vote of its members present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
