§ 265-11. Places of public assembly., Article II. Provisions Applicable to More Than One District, Chapter 265. Zoning, Part II. GENERAL LEGISLATION, Code of Ordinances, Cedarhurst

Expansion; off-street parking requirements.

(1)

Public schools, parochial schools and places of worship existing and in use prior to the enactment and adoption of this section may alter and/or enlarge the existing administrative and educational facilities not exceeding 20% of the existing volume or area of the building. A new place of worship (regardless of seating capacity) may not be constructed unless off-street and on-site parking is provided, as set forth herein.

(2)

Except as otherwise provided, places of public assembly shall be provided with off-street, on-site parking on the basis of one space for each four seats or one space for each 200 square feet of gross floor area, whichever is greater.

(3)

Schools shall provide off-street and on-site parking on the basis of one parking space for each 25 people and one parking space for each two employees, plus one space for every four seats in the auditorium and/or general purpose room.

(4)

Restaurants shall be required to provide the following:

(a)

Any restaurant located or to be located in any new construction wherein a building permit shall be issued on or after April 1991, whether operated individually or as accessory to some other use, shall provide off-street and on-site parking on the basis of one parking space for each three seats or each 100 square feet of gross floor area, whichever is greater, plus one parking space for each four employees.

(b)

Any restaurant located or to be located in any existing structure or building, whether operated individually or as accessory to some other use, shall not be required to provide off-street and on-site parking.

(c)

Nothing contained in the foregoing Subsections A(4)(a) and/or (b) shall relieve any restaurant in existence on the effective date thereof, April 1, 1991, of the requirements then in effect, if any, with respect to each such restaurant, to maintain off-street/on-site parking facilities as may have been required pursuant to the certificate of occupancy and/or any decision of the Board of Zoning Appeals with regard to any and each such place of business, as well as to any purchasers, assignees and/or successors in interest thereof. Any building and/or use which presently provides or supplies off-street/on-site parking facilities shall continue to supply such off-street/on-site parking.

(5)

Funeral parlors shall provide off-street and on-site parking at a minimum of 25 parking spaces or one parking space for each 100 square feet of gross floor area, whichever is greater.

(6)

All off-street and on-site parking shall be constructed as per § 265-96.

Signs as to maximum person capacity.

(1)

There shall be posted in each and every restaurant and/or place of public assembly within the Village of Cedarhurst, an appropriate sign indicating the maximum number of persons who may legally occupy said restaurant and/or place of public assembly at any one given time.

(2)

The owner, tenant, lessee and/or operator of such restaurants and/or place of public assembly shall apply for such sign on forms prescribed by the Village of Cedarhurst and pay a fee as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting. Said fee shall be paid for each sign at the time of filing of said application. Each restaurant and/or place of public assembly shall require, obtain and post such sign. Said sign must be applied for a posted on or before the 31st day of May 1972 or on or before the 31st day of May immediately following the opening or establishment of such restaurant and/or place of public assembly.

Editor's Note: The fee schedule is on file in the Village offices.

(3)

Any owner, tenant, lessee and/or operator hereinabove referred to who shall violate any of the foregoing subsections or any part of portions thereof shall, upon conviction, be punishable as prescribed in § 265-140 hereafter set forth.

License fees for places of public assembly. License fees, as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting, shall be submitted annually for places of public assembly, in addition to the permit fee.

Restaurants not required to have a public assembly permit. Any restaurant or food establishment which is not required by law to have a public assembly permit, but provides seating for customers, shall apply for and obtain an assembly license by paying a fee therefor and an annual license fee thereafter to the Village. Each establishment shall display a certificate stating the maximum allowable seating and verifying compliance with this chapter. The permit and annual license fee shall be set by the Board of Trustees by resolution of a majority vote its members present at a Board meeting.