1, commercial and residential buildings. On the residential building is allowed to open the restaurant, the first factor to consider is the type of building, if it is purely residential buildings, even if the 1st floor has a garage location, is not allowed to open the restaurant. But compared to the combination of commercial and residential buildings, most of the location in the 1 to 3 floors belong to the commercial area, in order to meet the basic commercial conditions, in the area allowed to open a restaurant;
2, smoke conditions. For the combination of commercial and residential buildings smoke exhaust facilities to determine, if meet the smoke exhaust conditions can still open the restaurant, but does not meet the conditions, is not allowed to open. According to China's Air Pollution Prevention and Control Act, Article 81 of the content of the provisions of the combination of buildings under the basis of direct contact with residential buildings in the commercial area, in the absence of a special flue equipped with a commercial location, and affects the surrounding neighboring commercial operations, it is not permitted to open a restaurant under such conditions;
3, planning factors. In the construction and development of the building will also take into account a variety of related factors, especially in the commercial area of the various facilities. When the commercial area for the installation of the smoke exhaust system, does not meet the premise of the environmental specifications, but also does not allow the opening of restaurants. For example, in the relevant technical regulations, if the smoke is discharged through the exhaust pipe, because the location of the vent is close to the surrounding sensitive targets, only 20 meters away, the restaurant is not allowed to open.
Legal basis:
Article 81 of the Law of the People's Republic of China on Prevention and Control of Air Pollution of the People's Republic of China*** and the State
The operator of a food service industry that emits oily smoke shall install oily-smoke purification facilities and keep them in normal use, or take other oily-smoke purification measures, so as to make the oily-smoke discharge in compliance with the standards and to prevent the pollution of normal living environment for the nearby residents.
It is prohibited to build, reconstruct or expand new food and beverage service projects that produce oily smoke, odor and exhaust gas in residential buildings, commercial and residential complexes that are not equipped with a dedicated flue, and in commercial and residential complexes that have commercial floors adjacent to the residential floors.
No unit or individual shall barbecue food in the open air in areas prohibited by the local people's government or provide sites for barbecuing food in the open air.