§ 409. Restaurants in the Mixed Use Zone (M Zone)

A. Standards. Restaurants may be allowed by special use permit in the Mixed Use Zone. In addition to any conditions imposed by the Zoning Board of Review and/or the Planning Board in connection with the granting of a special use permit and with the review of plans under Development Plan Review, respectively, the following standards shall apply to all restaurants proposed within this zoning district:

1. Accessory to an Inn. A restaurant in the M Zone shall be allowed only as an accessory use to an inn which is actively operating on the property, and shall be contained within the same building as the inn.

2. Conforming Lot. The inn for which a restaurant is proposed as an accessory use shall be on a parcel meeting the dimensional requirements of Section 408, Inns.

3. Liquor Service Limitations. Such restaurant shall not include any bar seating and the liquor license granted to an inn shall be restricted to a BVL license with service hours not to extend beyond 10:00 pm.

4. Capacity Limit. The capacity of the restaurant shall be limited to no more than four (4) seats per room or suite, but in no case exceed forty (40) seats. The Zoning Board may further limit seating based upon site and neighborhood characteristics.

5. Outside Seating. Outside seating may be allowed as part of a restaurant accessory to an inn, provided that the total number of restaurant seats does not exceed that allowed under the provisions of this section. Any outside seating arrangement shall be included in the site plans approved by the Planning Board and specifically granted by the Zoning Board as part of the special use permit. Outside seating shall be designed so as to mitigate visual, noise and lighting impacts on adjoining properties through proper screening and placement.

6. Hours of Operation. All restaurants located within an inn as approved under the provisions of this section shall be limited to operating between the hours of 6:00 am and 10:00 pm.

7. Parking. In addition to the required parking for the inn, there shall be one (1) parking space provided per ten (10) restaurants seats. The Zoning Board of Review may allow a reduction in the required parking, however there shall be no fewer than one (1) parking space per fifteen (15) seats.

B. Special Provisions. The development plans for a restaurant proposed as an accessory use to an inn shall show, in addition to all other Development Plan Review requirements of this Ordinance, the following:

1. Building floor plans indicating total seating capacity for the restaurant and service area.

2. Proposed site plan indicating on-site parking, and if proposed, the locations (porches, decks and patios) and dimensions of outdoor dining areas, including number of tables and total seating capacity, use of walls and vegetative screening, outdoor lighting details and other site amenities.

C. Discontinuance of Use. If such restaurant should cease to operate for a period of two (2) years, the special use permit shall expire. Reinstatement of the restaurant use shall require submittal of a new application and appropriate approvals by the Zoning Board of Review and the Planning Board.

(Entire Section added June 7, 2010)

(Section 409 was once titled Rental Rooms. Rental Rooms was amended and moved to Section 509 August 16, 2000)