It is the purpose and intent of the Town Board in enacting this
chapter to allow for the controlled utilization of certain outdoor
spaces for dining activities, for a limited period of time, to assist
business establishments in recovery from the effects of the COVID-19
pandemic emergency and to afford the opportunity to continue operations
in the event restrictions should be re-imposed on maximum indoor capacity
if a new surge should occur. In light of the continuing COVID-19 pandemic,
and the possibility of restrictions related to social distancing and
decreasing maximum capacity of indoor spaces being imposed again in
an effort to reduce the risk of spread of the virus, there has been
an increased focus on operating outdoors and in the open air to the
extent possible. This has come to the Town Board's attention
specifically in the context of restaurants, eating and drinking establishments
and other uses involving the service of food and drink in the Zoning
Code, that such establishments have sought to create outdoor seating
in order to serve their patrons in a safe environment and also generate
the level of business necessary to remain viable. The Board finds
that it is in the public interest to provide an opportunity for such
establishments to provide outdoor dining space, on conditions which
balance the public interest in maintaining the quality of life in
the community, preserving the public health, safety and welfare of
the community, and protecting the users, owners and occupants of surrounding
properties. This chapter creates a temporary permitting process to
allow for such outdoor uses under appropriate circumstances when the
establishment can demonstrate that due to a risk to public health,
safety and welfare, regardless of whether it is specifically related
to the COVID-19 pandemic, the establishment cannot utilize all of
its permitted indoor occupancy space to accommodate its designated
capacity.
This chapter temporarily supersedes and amends provisions of the Town's Zoning Code which would otherwise apply, including, but not limited to, §
185-10, §
185-11, Article IX and those other provisions which impose site plan approval or bulk requirements for outdoor seating.
The invalidity of any provision of this chapter shall not affect
the validity of any other portion of this chapter which can be given
effect without such invalid provision.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State.