In C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3, C5 or M1-5B Districts

In C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3, C5 or M1-5B Districts, the Board of Standards and Appeals may permit eating or drinking establishments with entertainment but not dancing, with a capacity of 200 persons or less, for a term not to exceed 10 years, provided that the following findings are made:

(a)        that such use will not impair the character or the future use or development of the surrounding residential or mixed use neighborhood;

(b)        that such use will not cause undue congestion in local streets;

(c)        that in M1-5B Districts, eating and drinking places shall be limited to not more than 5,000 square feet of floor space;

(d)        that in C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C5 and M1-5B Districts, such use shall be subject to the enclosure provisions of Section 32-411; and

(e)        that the application is made jointly by the owner of such building and the operators of such eating or drinking establishment.

The Board may modify the regulations relating to signs in C3 Districts to permit a maximum total surface area of 50 square feet of non-illuminated or illuminated non-flashing signs, provided that any illuminated sign shall not be less than 150 feet from the boundary of any Residence District.

For eating and drinking establishments for which special permits have previously been granted, the term may exceed 10 years at the discretion of the Board.

The Board shall prescribe appropriate controls to minimize adverse effects on the character of the surrounding area, including, but not limited to, location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of amplification of musical instruments or voices, shielding of floodlights, adequate screening, curb cuts or parking.