HomeMy WebLinkAboutLL 09 of 2017 Amend Restaurant Drive-Throughs in CC ZonesSTATE OF NEW YORK
DEPARTMENT OF STATE
One Commerce Plaza
99 Washington avenue
Albany, NY 12231-0001
WWW.DOS.NY.GOV
Andrew M. Cuomo
Governor
Rossana Rosado
Secretary of State
May 30, 2017
Debra DeAugistine
Deputy Town Clerk
215 N. Tioga Street
Ithaca NY 14850
0
RE: Town of Ithaca, Local Law 9 2017, filed on May 23, 2017
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.nv.qov.
Sincerely,
State Records and Law Bureau
(518)473-2492
NEW YORK
STATE OF
OPPORTUNITY-
Department
of State
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
^ Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
□County ncity □Town GVIIIage
(Select one:)
of Ithaca
Local Law No. 9 of the year 2017
A local law Amending Restaurant Drive-Through Provisions in the Community Commercial
(Insert Title)
Zoning Provisions of Ithaca Town Code Chapter 270
Be It enacted by the T°wn Board
(Name of Legislative Body)
□County □City □Town □Village
(Select one:)
of Ithaca as follows:
See attached.
(if additional space Is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 06/12) Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20lZ ot ^
the (County)(City)(Town)(Village) of was duly passed by the
Town Board —^ on May 8 20 . in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapprov
on 20| I I, in accordance w ith the applicable provisions of law.
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 i
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and finai adoption because no valid petition was fiied requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
——r-r-T— 20_ , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev. 06/12) Pagg 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No of of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
l^i^^^unlclpa! Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
eon at the (specla!)(general) election held on 20 , became operative.
6. (County iocai iaw concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20„ of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(if any other authorized form of final adoption has been foliowed, piease provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file In this office and that the same Is a
correct transcript therefrom and of the whole of such original local law, and was finally adopt^ln thejjianner Indicated In
paragraph J , above.
/ A jJC'
olerk of the county, legislative ^ayvratyTrown or Village Clerk or
orfiesFtJesignated by local legi|lative^cly
(Seal) Date:
DOS-0239-f-l (Rev. 06/12) Page 4 of 4
Adopted May 8, 2017 1
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 2
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 filing with the New York
Secretary of State.