Loading...
HomeMy WebLinkAbout1996_12_4_Local_Law_No_18 LOCAL LAW NO. 18 - 1996 A Local Law Entitled FOOD ESTABLISHMENT MORATORIUM This Local Law shall be known as "Temporary Moratorium on the Establishment of New Food-Related Retail Uses,Expansion,Addition,and/or Extension of all Food-Related Retail Establishments and Extended Hour of Operation and 24 Hour Operation Retail Establishments." Section 1. Intent The Town Board-of the Town of Mamaroneck hereby finds and determines that the current Business District and Service Business District defining food-related retail uses in the stated areas,sections 240-30 and 240-3 1,and the lack of any regulation relating to hours of operation of retail establishments are inadequate in that they do not provide sufficient parameters by which such high intensity commercial use should established. This moratorium is intended to provide the Town's adequate time to research,draft, and propose amendments to the Town Zoning Code that will prevent the unrestricted, unregulated proliferation of food-related retail establishments in the Business District and Service Business District in the Town of Mamaroneck and the extended hours of operation of retail businesses, which may adversely impact both their immediate neighborhood as well as the larger community. This moratorium will enable the Town to propose Zoning Code amendments that preserve and protect the nature and character of the Town consistent with applicable State and Federal Laws. Section 2. Findings The Town Board finds that certain food-related retail establishments in the Business District and Service Business District in the Town of Mamaroneck may create a deleterious effect on traffic and parking in the Business District itself as well as the surrounding residential neighborhoods. That further,the operation of 24 hour and/or extended hours retail establishments create similar deleterious effects in addition to noise and fighting issues which are conditions detrimental to the public health,safety and welfare. Section 3. Regulation A. During the effective period of this Local Law,as provided herein,no permits, variances or site plan approvals will be issued.for any establishment of new food- related retail uses, expansion, extension and/or addition to any food-related retail establishment in the Business District or the Service Business District B. No retail establishment,may extend its usual hours of operation. Section 4. Duration of Moratorium This moratorium shall be in effect for a period of six months from the passage date of this Local Law. Section S.Violations Any person,firm,entity or corporation that shall violate any of the provision of this Local Law shall be guilty of a violation and upon such conviction,subject to a penalty of up to $500.00 for each violation of the moratorium. Section 6. Severability Should any provision of this Local Law be declared unconstitutional or invalid by any court of competent jurisdiction,such declaration of unconstitutionality shall not affect the validity of any other provision of this Local Law. Section 7. A- All laws,ordinances,rules and regulations of the Town of Mamaroneck are hereby modified and superseded by this Local Law in respect to their Application to this subject matter of this Local Law for the term of this Local Law. B. This Local Law shall modify and supersede with respect to its application and for the.term of this Local Law the following provisions of the Town Law of the State of New York: Sections 138, 267a, 274-b, 276,and 277. Section 8. Hardship A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law then the owner of said property may apply to the Town Board in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of ties Local Law unnecessary hardship shall not be the mere delay in being permitted to make application for a building permit,a variance, special permit,site plan,wetlands permit,or subdivision during the pendency of this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law,the Town Board shall within 30 days of receipt of such application schedule a Public Hearing on said application upon five days written notice in the Official Newspaper of the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application for a variation from the strict requirements of this Local Law and if the Town Board determines that a property owner will suffer unnecessary hardship if this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. C. Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this Local Law may appeal said decision to the Supreme Court,State of New York,Westchester County,pursuant to Articles 78 of the Civil Practice Laws and Rules within 30 days of the filing said decision in the Office of the Town Clerk, Section 9,Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State.