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HomeMy WebLinkAboutLL 09 of 2017 Amend Restaurant Drive-Throughs in CC Zones TOWN OF ITHACA LOCAL LAW NO.9 OF THE YEAR 2017 A LOCAL LAW AMENDING RESTAURANT DRIVE-THROUGH PROVISIONS IN THE COMMUNITY COMMERCIAL ZONING PROVISIONS OF ITHACA TOWN CODE CHAPTER 270 Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XVI (Community Commercial Zones) of the Town of Ithaca Code, §270-135 titled "Principal uses authorized by special permit only" subsection E, is amended as follows: A. Delete the following words in the first sentence of subsection E: "provided, however, that no new restaurant with a drive-through facility shall be permitted within 1,500 feet of the property boundary line of an existing restaurant with a drive-through facility" so that the first sentence reads as follows: "Restaurant or other place for the serving of food, with or without a drive-through facility." B. Add the following provisions to the end of subsection E: "In addition to the requirements imposed by this section, a restaurant with a drive- through facility must meet the following criteria: (1) Drive-through lanes shall be a minimum of 165 feet in length to provide on-site storage for a minimum of 8 vehicles, as measured from the forwardmost drive-through window. (2) The ends of drive-through lanes must be a minimum of 60 feet from the midpoint of where any entrance driveway intersects with the public right- of-way. (3) Drive-through lanes shall be clearly delineated with striping, curbing, or some other means, and be adequately separated from traffic aisles that are necessary for on-site circulation, egress/ingress, and access to parking spaces. (4) Drive-through lanes and drive-through service windows shall not be located along the street frontage of a building. (5) Pedestrian access to building entrances shall be configured so that direct pedestrian links to main parking areas do not pass through a drive-through lane. (6) The minimum required distance from any portion of a drive-through lane to any residential zone is 60 feet." Adopted May 8, 2017 1 Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon its tiling with the New York Secretary of State. Adopted May 8, 2017 2