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HomeMy WebLinkAboutLL 06 of 1999 Moratorium DriveThru TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 1999 A LOCAL LAW PROVIDING FOR A MORATORIUM REGARDING THE ESTABLISHMENT OF DRIVE-THROUGH BUSINESSES FOR A PERIOD OF NINE MONTHS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: 1. The Town of Ithaca Zoning Ordinance does not presently distinguish between businesses that have drive-through facilities, such as drive-through banks and restaurants, from similar businesses that do not include such drive-through facilities; 2. Drive-through facilities present special problems, 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 both on and off site; 3. Regulation of certain types of drive-through businesses in a manner supplementary to, or in manner different from, other establishments may be necessary or desirable to appropriately deal with concerns such establishments may create; 4. The Town Board has requested the Town Planning Department and the Town Codes and Ordinances Committee to begin the careful study of the effects of drive-through businesses on the community and surrounding properties, the appropriate locations in the Town for such businesses, and the amount of regulation, if any, necessary to address problems such businesses create; 5. It is anticipated that the study can be completed, and legislation, if needed, drafted and properly adopted within nine months of the adoption of this local law; 6. It would be unfair to alter the requirements relative to any drive-through business for which an application for approvals is pending. However, the purposes of any new legislation would be significantly subverted if multiple new applications for site plan approval or special approvals of drive-through businesses were to be entertained and possibly approved before the study could be completed and legislation considered; 7. Accordingly, in order to maintain the status quo relative to such drive-through businesses during the limited time the Town needs to complete such study and adopt such legislation, it is necessary to adopt this local law. Section 2. Definition. The following definition applies to this local law: "Drive-Through Business" is a business which in whole or in part sells a product or 2 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 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. Section 3. Prohibition of Drive-Through Businesses. For a period of nine months from the date of enactment of this local law, except as expressly permitted below, no new Drive-Through Business shall be established or permitted in the Town of Ithaca. Section 4. Implementation of Prohibition. Except as expressly permitted below, for a period of nine months from the enactment of this local law 1. No Town official shall accept for filing any application for the establishment of a Drive- Through Business; 2. The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the establishment of a Drive-Through Business; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of a Drive-Through Business; and 4. The Town's Code and Zoning Enforcement Officer shall not issue any building or other permit for any construction or change of use that is related to, or would result in the establishment of, a Drive-Through Business. Section 5. Pending Applications. Notwithstanding the provisions of Sections 3 and 4 above, the enactment of this local law shall not affect 1. The continued operation of any Drive-Through Business legally established prior to the effective date of this law; or 2. Modification of any legally established Drive-Through Business provided the modification (a) Is in accordance with all other laws and ordinances of the Town including any provisions requiring a site plan modification, and (b) Does not increase the number of drive-through lanes or drive-up windows, or otherwise modify the facility in a manner causing an increase in the number of vehicles arriving and departing the facility or causing a change in vehicle traffic circulation at the facility. 3 3. The processing of any applications for establishment of a Drive-Through Business, including any applications for site plan approval, special approval, variance, building permit, or other similar approval or permit, the process for the obtaining of which approval or permit was commenced prior to May 10, 1999. For this purpose, the process shall be deemed commenced if a formal, completed application for any one of the following has been filed with the appropriate authorities of the Town: Special Approval, Site Plan Approval, Variance, or Building Permit. In the event the first step in the process involves one of the foregoing and it is reasonably anticipated that successive steps may require applications for other permits (e.g. an application for site plan approval has been submitted, but an application for a building permit will be filed upon obtaining site plan approval), an application shall be deemed pending if the first of a series of such applications has been filed. Section 6. Penalties. 1. Any person establishing or conducting a Drive-Through Business in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful establishment of a Drive-Through Business, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any occupancy in violation of this local law. Section 7. Term. This local law shall be in effect for a period of nine months from its effective date, provided, however, that the penalty section shall remain in full force and effect after such nine month period for the purpose of prosecuting any violation which occurred during such nine month period. Section 8. Applicability. This local law shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights. Section 9. Partial Invalidity. 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 10. This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal.