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// CODE SNIPPET

73-243 In C1-1, C1-2 and C1-3 Districts

NYC Zoning Resolution > VII Administration > 3 - Special Permits by the Board of Standards and Appeals > 73-20 Theaters > 73-24 Eating or Drinking Places > 73-243 In C1-1, C1-2 and C1-3 Districts
JUMP TO FULL CODE CHAPTER

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:

(a)        the drive-through facility contains reservoir space for not less than 10 automobiles;

(b)        the drive-through facility will cause minimal interference with traffic flow in the immediate vicinity;

(c)        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);

(d)        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);

(e)        the drive-through facility shall not have an undue adverse impact on residences within the immediate vicinity of the subject premises; and

(f)        there will be adequate buffering between the drive-through facility and adjacent residential uses.

In connection therewith, the Board may modify the requirement of Section 32-411 (In C1, C5, C6-5 or C6-7 Districts) insofar as it relates to the accessory drive-through facility. The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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