Sec. 8-1cc. Outdoor food and beverage service as accessory use.

457 words·~2 min read·/ct/title-8/chapter-124-zoning/8-1cc

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(a)For the purposes of this section, “beverage” includes alcoholic liquor or an alcoholic beverage, as defined in section 30-1 , “food establishment” means a food establishment that is licensed or permitted to operate pursuant to section 19a-36i and “municipality” has the same meaning as provided in section 8-1a .

(b)Notwithstanding any provision of the general statutes, special act, municipal charter or ordinance, the zoning commission of each municipality shall allow any licensee or permittee of a food establishment operating in such municipality to engage in outdoor food and beverage service as an accessory use of such food establishment's permitted use. Such accessory use shall be allowed as of right, subject only to any required administrative site plan review to determine conformance with zoning requirements not contemplated by this section, provided such accessory use would not result in the expansion of a nonconforming use, and such licensee or permittee shall comply with any applicable provision of title 30.

(c)Any such licensee or permittee may engage in outdoor food and beverage service

(1)on public sidewalks and other pedestrian pathways abutting the area permitted for principal use and on which vehicular access is not allowed,

(A)provided such pathway

(i)is constructed and maintained in compliance with physical accessibility guidelines, as applicable, under the federal Americans with Disabilities Act, 42 USC 12101, et seq., as amended from time to time, and the State Building Code, and

(ii)extends for the length of the lot upon which the area permitted for principal use is located, and not less than four feet in width, not including any area on a street or highway, shall remain unobstructed for pedestrian use, and

(B)subject to reasonable conditions imposed by the municipal official or agency that issues right-of-way or obstruction permits;

(2)on off-street parking spaces associated with the permitted use, notwithstanding any municipal ordinance or zoning regulation establishing minimum requirements for off-street parking;

(3)on any lot, yard, court or open space abutting the area permitted for principal use, provided

(A)such lot, yard, court or open space is located in a zoning district where the operation of food establishments is permitted,

(B)such use is in compliance with any applicable requirements for access or pathways pursuant to physical accessibility guidelines under the federal Americans with Disabilities Act, 42 USC 12101, et seq., as amended from time to time, and the State Building Code, and

(C)the licensee or permittee obtains written authorization to engage in such service from the owner of such lot, yard, court or open space and provides a copy of such authorization to the zoning commission; and

(4)until 9 o'clock p.m., or a time established by the zoning commission of the municipality, whichever is later.