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HomeMy WebLinkAboutLL 07 of 1999 Moratorium Gas Sts & Business TOWN OF ITHACA LOCAL LAW NO. 7 OF THE YEAR 1999 A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO. 6 OF THE YEAR 1999 TO INCLUDE A MORATORIUM FOR A PERIOD OF NINE MONTHS REGARDING THE ESTABLISHMENT OF ANY NEW GAS STATIONS OR ANY NEW COMMERCIAL BUSINESSES IN EXCESS OF 7500 SQUARE FEET Be it enacted by the Town Board of the Town of Ithaca as follows: A. Amendment and Restatement of Local Law No. 6: Town of Ithaca Local Law Number 6 of the year 1999 is hereby amended and restated to read as follows: "Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: 1. Large scale businesses, drive-through businesses, and gas stations 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; 2. The Town of Ithaca Zoning Ordinance does not presently distinguish in all cases 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; 3. Regulation of certain types of drive-through businesses in a manner supplementary to, or in manner different from, other commercial establishments may be necessary or desirable to appropriately deal with concerns such establishments may create; 4. While the Zoning Ordinance of the Town presently distinguishes, in part, between commercial establishments of different sizes, and the current draft of a new ordinance distinguishes between commercial establishments of greater than 7500 feet and lesser sized establishments, there are issues as to where in the Town the larger types of businesses should be located; 5. 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, gas stations, and larger 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; 6. 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; 2 Bus-mora.ll wp51/ith/locallaw November 1, 2016 1:05PM 7. It would be unfair to alter the requirements relative to any such 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 any such businesses were to be entertained and possibly approved before the study could be completed and legislation considered; 8. Accordingly, in order to maintain the status quo relative to such 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. Definitions. The following definitions apply to this local law: "Drive-Through Business" is a business which in whole or in part sells a product 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 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. "Gas Station" is an establishment at which gasoline and other petroleum products (including diesel fuel) are sold to the traveling public by any means, including self-serve pumps, and which involves the storage of petroleum products in tanks of 1,000 gallons or larger. An establishment which sells petroleum products together with other non-petroleum products shall be considered a Gas Station if it otherwise meets the definition set forth herein. "Large Commercial Business" is a business or structure as defined below: (a) A commercial enterprise which intends to, or does, occupy on one or more floors an aggregate of 7500 or more square feet of interior floor space; and/or (b) A structure which contains, whether as one or several enterprises, interior commercial space aggregating 7500 or more square feet. Section 3. Prohibition of Gas Stations, Drive-Through and Large Commercial Businesses. For a period commencing from the date of enactment of this local law and ending April 12, 2000, except as expressly permitted below, no new Gas Station, no new Drive-Through Business, and no new Large Commercial Business shall be established or permitted in the Town of Ithaca. Section 4. Implementation of Prohibition. Except as expressly permitted below, until April 12, 2000 3 Bus-mora.ll wp51/ith/locallaw November 1, 2016 1:05PM 1. No Town official shall accept for filing any application for the establishment of a Gas Station, a Drive-Through Business, or a Large Commercial 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 Gas Station, a Drive-Through Business or a Large Commercial Business; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of a Gas Station, a Drive-Through Business or a Large Commercial 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 Gas Station, a Drive-Through Business or a Large Commercial 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 Gas Station, Drive-Through Business or Large Commercial Business legally established prior to the effective date of this law; or 2. Modification of any legally established Gas Station, Drive-Through Business or Large Commercial 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) As to Drive-Through Businesses, does not increase the number of drive-through lanes or drive-up windows, and (c) As to all of such businesses, does not 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. The processing of any applications for establishment of a Gas Station, a Drive-Through Business or a Large Commercial 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 4 Bus-mora.ll wp51/ith/locallaw November 1, 2016 1:05PM 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. Variances. 1. Any person who is aggrieved by the application of this local law to such person's property or project, may appeal to the Town Board from a variance from the terms of this local law. The Town Board shall grant such a variance if the applicant demonstrates that for each and every use permitted by the Town's Zoning Ordinance as modified by this local law (a) The applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence; (b) The applicant is suffering an unnecessary hardship which is unique and does not apply to a substantial portion of the district or neighborhood; (c) The requested variance, if granted, will not alter the essential character of the neighborhood; (d) The hardship is not self-created; and (e) The proposed use is in accordance with the applicable zoning provisions that would be in effect but for the adoption of this moratorium local law. 2. The Town Board, if it grants any such variance, may impose such conditions as it deems necessary or reasonable as are directly related to, and incident to, the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance and this local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community, or on the findings and purposes of this local law. 3. Except as expressly modified by this local law, the procedures for hearing, considering, and challenging any variance made hereunder shall be the same procedures set forth in Town Law and the Town's Zoning Ordinance relating to variances, except the Board considering the variance shall be the Town Board rather than the Board of Zoning Appeals. 4. To the extent this local law is inconsistent with provisions of the Town Law and the Town's Zoning Ordinance, it is intended to supersede such laws. In particular, in accordance with the Municipal Home Rule Law, this local law is intended to so supersede the provisions of Sections 267, 267-a, 267-b, and 267-c of the Town Law to the extent inconsistent with the terms of this local law. 5 Bus-mora.ll wp51/ith/locallaw November 1, 2016 1:05PM Section 6. Penalties. 1. Any person establishing or conducting a Gas Station, a Drive-Through Business or a Large Commercial 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 Gas Station, a Drive-Through Business or Large Commercial 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 ending April 12, 2000, provided, however, that the penalty section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law. Section 8. Applicability. This local law shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights." B. 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. C. Effective Date. 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.