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HomeMy WebLinkAboutLL 02 of 2000 Drive-through Businss Size.pdf TOWN OF ITHACA LOCAL LAW NO. 2 OF THE YEAR 2000 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO DRIVE-THROUGH BUSINESSES AND MAXIMUM SIZE OF BUSINESSES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town Board of the Town of Ithaca hereby finds (a) Large scale businesses and drive-through businesses frequently create special problems when established, particularly in relation to traffic volumes and traffic patterns by reason of easier vehicular access, thereby likely increasing the number of vehicles that must be accommodated on and sometimes off site, and likely increasing traffic congestion on nearby streets; (b) Large scale businesses often consist of monolithic box-like buildings, and elimination of smaller businesses that are desirable to maintain the character of the community as principally a residential, educational, recreational and farming area; (3) The Town Codes and Ordinances Committee is presently working on an overall revision of the Town’s Zoning Ordinance including revisions to the sections dealing with business uses in the Town; (4) As part of such review, the Committee and the Town Staff are studying the effects of larger “big-box” types of businesses and drive-through businesses on traffic and on the community and its character, and are also considering whether any additional such businesses are appropriate anywhere in the Town; (5) The Town wishes to encourage diversity in the types of retail sales facilities and other businesses in the Town; and (6) The adoption of this local law regarding such business establishments in the Town is in the best interests of the Town and its citizens. Section 2. Considering the effects and purposes set forth in Section 1 above, the Zoning Ordinance of the Town of Ithaca as re-adopted, amended, and revised, effective February 26, 1968, and subsequently amended, be further amended as follows: (1) Article I, Section 1 is amended by adding a new definition subparagraph reading as follows: "44. A “drive-through business" is a business which in whole or in part sells a product (except motor vehicle fuels) or provides a service to persons who may obtain such product or service while remaining sitting in his or her motor vehicle, through the use of a drive-up window, drive-up machine, drive-through lane, or other similar facility. Examples of a drive-through business include, but are not limited to, banks 2 with drive-through tellers or cash machines, restaurants with drive-up windows, and drive-through pharmacies. A business which sells products or services out of a building which contains both drive-through facilities and more traditional indoor facilities is considered a "drive-through business" even if only a small fraction of the enterprise's business is derived from drive-through activities. A typical full-service gasoline station whose principal product is gasoline sales is not a “drive-through business.” A convenience store which sells both gasoline and other products to persons who remain in their motor vehicles is a “drive-through business” if products other than motor vehicle fuels are sold to a person while he or she remains in his or her motor vehicle.” (b) Article VII, Section 32, Paragraph 2 is amended by deleting Subparagraph C. referring to a “Bank drive-through.” (c) Article VII, Section 38, is amended by adding new subsections 9 and 10 and renumbering the current subsection 9 to be subsection 11. The new subsections 9 and 10 read as follows: "9. Maximum size. Notwithstanding any other provision of this Ordinance, no new retail sales or service establishment (including, without limitation, department stores, grocery stores, automobile sales agencies, restaurants, or banks) shall occupy more than 25,000 square feet of total floor area, whether on one or more floors. Nothing in this paragraph is intended to limit the size of any building provided that no one business establishment in said building occupies in excess of 25,000 square feet. Nothing in this paragraph is intended to prohibit the continued existence and operation of any larger establishment existing at the time the Zoning Ordinance was amended to add this provision. 10. No drive-through businesses. Notwithstanding any other provision of this Ordinance, no new drive-through businesses shall be permitted in the Town. Nothing in this paragraph is intended to prohibit the continued existence and operation of any drive-through business existing at the time the Zoning Ordinance was amended to add this provision.” Section 3. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 4. This local law shall take effect two days after its adoption.