// CODE SNIPPET
73-24 Eating or Drinking Places
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73-241 In C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3, C5 or M1-5B Districts
In C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3, C5 or M1-5B Districts, the Board of Standards and Appeals may permit eating or drinking establishments with entertainment but not dancing, with a capacity of 200 persons or less, for a term not to exceed 10 years, provided that the following findings are made:
- that such use will not impair the character or the future use or development of the surrounding residential or mixed use neighborhood;
- that such use will not cause undue congestion in local streets;
- that in M1-5B Districts, eating and drinking places shall be limited to not more than 5,000 square feet of floor space;
- that in C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C5 and M1-5B Districts, such use shall be subject to the enclosure provisions of Section 32-411; and
- that the application is made jointly by the owner of such building and the operators of such eating or drinking establishment.
The Board may modify the regulations relating to signs in C3 Districts to permit a maximum total surface area of 50 square feet of non-illuminated or illuminated non-flashing signs, provided that any illuminated sign shall not be less than 150 feet from the boundary of any Residence District.
For eating and drinking establishments for which special permits have previously been granted, the term may exceed 10 years at the discretion of the Board.
The Board shall prescribe appropriate controls to minimize adverse effects on the character of the surrounding area, including, but not limited to, location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of amplification of musical instruments or voices, shielding of floodlights, adequate screening, curb cuts or parking.
73-242 In C3 Districts
In C3 Districts, the Board of Standards and Appeals may permit eating or drinking establishments (including those which provide outdoor table service or musical entertainment but not dancing, with a capacity of 200 persons or less, and including those which provide music for which there is no cover charge and no specified showtime) for a term not to exceed five years, provided that the following findings are made:
- that such use is so located as not to impair the essential character or the future use or development of the nearby residential neighborhood; and
- that such use will generate a minimum of vehicular traffic to and through local streets in residential areas.
The Board may modify the regulations relating to signs in C3 Districts to permit a maximum total surface area of 50 square feet of non-illuminated or illuminated non-flashing signs, provided that any illuminated sign shall not be less than 150 feet from the boundary of any Residence District.
For eating and drinking establishments for which special permits have previously been granted, the term may exceed 10 years at the discretion of the Board.
The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights or adequate screening.
73-243 In C1-1, C1-2 and C1-3 Districts
In C1-1, C1-2 and C1-3 Districts, (except in Special Purpose Districts) the Board of Standards and Appeals may permit eating or drinking places (including those which provide musical entertainment but not dancing, with a capacity of 200 persons or less, and those which provide outdoor table service) with accessory drive-through facilities for a term not to exceed five years, provided that the following findings are made:
- the drive-through facility contains reservoir space for not less than 10 automobiles;
- the drive-through facility will cause minimal interference with traffic flow in the immediate vicinity;
- the eating or drinking place with accessory drive-through facility fully complies with the accessory off-street parking regulations for the indicated zoning district, including provision of the required number of accessory off-street parking spaces for the indicated zoning district (for the purpose of this finding, the waiver provisions of Sections 36-231 and 36-232 shall be inapplicable);
- the character of the commercially zoned street frontage within 500 feet of the subject premises reflects substantial orientation toward the motor vehicle, based upon the level of motor vehicle generation attributable to the existing commercial uses contained within such area and to the subject eating or drinking place (excluding the accessory drive-through facility portion);
- the drive-through facility shall not have an undue adverse impact on residences within the immediate vicinity of the subject premises; and
- there will be adequate buffering between the drive-through facility and adjacent residential uses.
The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
73-244 In C2, C3, C4*, C6-4**, M1-5B, M1-5m and M1-6m Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District
In C2, C3, C4*, C6-4**, M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District, the Board of Standards and Appeals may permit eating or drinking establishments with entertainment and a capacity of more than 200 persons or establishments of any capacity with dancing, for a term not to exceed three years, provided that the following findings are made:
- that a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms. A plan shall be provided to the Board to ensure that the operation of the establishment will not result in the gathering of crowds or the formation of lines on the street;
- that the entrance to such use shall be a minimum of 100 feet from the nearest Residence District boundary;
- that such use will not cause undue vehicular or pedestrian congestion in local streets;
- that such use will not impair the character or the future use or development of the surrounding residential or mixed use neighborhoods;
- that such use will not cause the sound level in any affected conforming residential use, joint living-work quarters for artists or loft dwelling to exceed the limits set forth in any applicable provision of the New York City Noise Control Code; and
- that the application is made jointly by the owner of the building and the operators of such eating or drinking establishment.
The Board shall prescribe appropriate controls to minimize adverse effects on the character of the surrounding area, including, but not limited to, location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of amplification of musical instruments or voices, shielding of flood lights, adequate screening, curb cuts or parking.
Any violation of the terms of a special permit may be grounds for its revocation.
* In C4 Districts where such use is within 100 feet from a Residence District boundary
** In C6-4 Districts mapped within that portion of Community District 5, Manhattan, bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue
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