The Town of Orangetown required new approvals to allow a restaurant tenant in an existing shopping center. When the shopping center was originally approved, the lot was divided into two districts: CC and LI. The LI portion, into which the new restaurant wanted to locate, does not allow restaurant uses. The Town deemed prior restaurant uses in that area to be "prior non-conforming uses". On our advice, the owner asked for a zone change to place the entire shopping center lot into the CC (commercial) district was sought.
In addition, the Orangetown Zoning Code calculates parking requirements by computing the total of each tenant's requirements. The shopping center had fewer spaces than required. The Zoning Code gives the Planning Board the power to grant relief from the parking requirements. We used that provision, and avoided the need for a variance from the ZBA.
ZONE CHANGE FROM LI TO CC EFFECTIVE JUNE 11, 2018
FINAL SITE PLAN APPROVAL GRANTED NOVEMBER 14, 2018
Image courtesy of Town of Orangetown