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HomeMy WebLinkAbout1998_3_4_Local_Law_No_4 LOCAL LAW NO. 4 - 1998 This Local Law shall be known as "Regulating the Approval of New Food-Related Retail Establishments and the Hours of Operation of all Retail Uses in the Town of Mamaroneck". Section 1, The Local Law shall be known and may be cited as the Regulation of New Food-Related Retail Establishments and the Hours of Operation of All Retail Uses in the Town of Mamaroneck. Section 2. Legislative Intent and Findings of Fact: A. Background Prompted by concern over potential adverse impacts associated with the extended hours of operation of retail uses (including traffic, noise and loitering) and the unregulated proliferation of food-related retail uses (including adverse impacts on traffic circulation, parking and aesthetics), the Town Board imposed a 13 month moratorium on December 4, 1996, "to provide 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." Retail businesses that have extended hours of operation in close proximity to nearby residences (into the late evening and early morning) have been found to have negative impacts on adjoining residences due to noise, lighting, loitering and traffic to and from such businesses. In the Town of Mamaroneck, almost all retail businesses are located in close proximity or adjacent to residences, schools, and recreational facilities. After enacting the 13 month moratorium prohibiting the acceptance of applications for new or expanded food-related retail establishments in the Town of Mamaroneck, the Town Board charged the Town Administrator and Town Attorney jointly with the preparation of a study of existing food-related retail uses in the Town, the regulations of such uses, and an impact analysis of enacting such regulations in the Town of Mamaroneck. The analysis included i) developing food-related retail definitions; ii) a review of potential adverse impacts associated with food-related retail uses; iii) a review of the history of food-related retail regulations; iv) a review of relevant case law; v) an inventory of existing food-related retail establishments in the Town; vi) development of criteria for food-related retail special permit regulations in the Town; vii) an impact analysis of the proposed special permit standards; viii) a review of the hours of operation of all retail uses; and ix) findings and conclusions. Page 2 B. Legislative Findings of Fact Based upon the experiences of other municipalities similar to the Town of Mamaroneck, and given the potential adverse impacts associated with certain food-related retail uses, the Town of Mamaroneck concluded that i) when unregulated, retail businesses and food- related retail establishments can create nuisances associated with hours of operation; ii) food-related retail uses, when unregulated, can cause nuisances associated with loitering, odors, and littering; iii) fast-food restaurants, take-out food establishments, and convenience stores, when highly concentrated, have been found to have negative secondary effects, including impacts associated with cumulative traffic generation , parking demand and visual impacts; and iv) the high rate of trip generation of food-related retail uses necessitates that such uses be located along (and have access onto) major arterials. Given the findings outlined above, the following regulations for retail uses in the Town of Mamaroneck were recommended. i. All food-related retail uses should abut and have access onto an arterial road and not local or collector streets. ii. Fast-food restaurants, take-out food establishments, and convenience stores should be prohibited from locating within three-hundred (300) feet of a lot line of any other such use. iii. Drive through service at fast-food restaurants, take-out food establishments, and convenience stores should be prohibited. iv. Any proposal for a new or expanded fast-food restaurant, take- out food establishment, convenience store, or supermarket shall require site plan review if the action involves: 1. an expansion of the building envelope and/or 2. an expansion of the parking area and/or 3. an increase in seating capacity and/or 4. a change in signage V. Existing food-related retail uses are permitted to continue operating as pre- existing non-conforming uses, but upon discontinuance of a non-conforming use for more than one (1) year, such establishment shall conform to the provisions of this code. vi. Any new co-branded fast-food establishment shall be required to apply for a special permit. vii. Any pre-existing non-conforming fast-food establishment which seeks to convert to a co-branded establishment, as defined herein, shall require a use variance. Page 3 viii. The hours of operation for all retail uses shall be limited from 6:00 am to midnight. C. Legislative Intent The purpose of these regulations is to allow, but prevent the proliferation of, food-related retail uses for the purpose of minimizing the potential adverse affects associated with such uses. Potential secondary effects which may arise as a result of the unregulated proliferation of food-related retail establishments in the Town of Mamaroneck include traffic congestion, on-street parking deficiencies, littering, odors (nuisance), visual impacts, and an impact on the community character and quality of life in the Town of Mamaroneck. Therefore, the controls as set forth in Section 3 herein have been designed to protect and preserve the quality and character of the Town's neighborhoods and commercial districts, among other things discouraging loitering, promoting the Town's efforts to enhance the appearance of its commercial centers, and maintaining property values. Section 3. Scope of Controls A. Amendments to the Code of the Town of Mamaroneck. In accordance with the legislative intent of this Local Law, Chapter 240 of the Code of the Town of Mamaroneck is hereby amended as follows: i. Section 240-4 - "Definitions" of the Code of the Town of Mamaroneck is hereby amended by adding thereto the following definitions: Cafeteria. An establishment engaged in preparing and serving a full line of food and beverages primarily through the use of a service line where the customer serves himself or is served from displayed selections and, where table or booth seating facilities are available, some limited waitperson service may be provided. Co-Branding. The expansion of an existing fast food establishment use, as defined, or portion thereof which is not incidental or subordinate to the principal use, but rather co- exists as a similar principal use on the same lot and within the same building. Convenience Store. Any retail establishment of not more than two-thousand (2,000) square feet offering a wide variety of goods and merchandise for sale to the public, whose principal products include food, beverages, candy and cigarettes, and where most products are sold for consumption upon leaving the establishment. The term "convenience store" shall not be considered to include supermarket or grocery store. Delicatessen. An establishment which prepares and sells food and beverages ordered from a counter or display case where the patron selects from a variety of ingredients (meats, fish, salads, etc.) which are assembled, as requested by the patron, and/or are available separately for purchase by weight or quantity, and in which tables, chairs or Page 4 counters for the consumption of food on the premises are not provided. Fast-Food Restaurant. An establishment primarily engaged in the sale of ready-to- consume food and beverages, generally served in disposable or prepackaged containers or wrappers, in which patrons usually select their orders from a posted menu offering a limited number of specialized items such as, but not limited to, hamburgers, chicken, fish and chips, pizza, tacos, and hot dogs; these items are prepared according to standardized procedures for consumption either on or off the premises in a facility where a substantial portion of the sales to the public is by drive-in or stand-up service and primary clean-up is generally performed by the customer. The term "fast-food restaurant" shall not be considered to include restaurant, delicatessen, take-out establishment, bakery or ice cream/confectionary store. Food Court. A retail establishment in which space is leased and\or operated by more than one fast-food restaurant, take-out establishment or ice cream/confectionary store, as defined in this ordinance, in which a common seating area is shared by lessees, and where customers order from and are served by individual personnel identified with the various product lines at individual counters. Food-Related Retail. Any retail business primarily engaged in the sale of food products, whether consumed on or off premises. Grocery Store. A retail store of not more than five-thousand (5,000) square feet selling a limited assortment of food-related products and sundries. Ice Cream/Confectionary Store. An establishment primarily engaged in the rapid retail sale of ice cream, frozen yogurt and/or other confectionary desserts and beverages from a counter or display case where the food is sold primarily for consumption off the premises and where the floor area devoted to customer seating has twelve (12) or fewer seats and complies with the area requirements of the New York State Uniform Fire Prevention and Building Code. The term "ice cream parlor" shall not be considered to include fast-food restaurant or delicatessen. Luncheonette. An establishment engaged in offering ready-to-consume and made-to- order food that is prepared on premises and served at a sit-down counter, and/or limited table service may also be provided. The menu is usually limited to breakfast and/or lunch and a limited assortment of sundries may be offered at the counter for sale. Restaurant. An establishment which prepares and serves food and beverages selected by patrons from a full menu, served by a waitperson, and consumed on the premises, and which has permanent seating facilities and counters or tables adequate to accommodate all customers served. To the extent that food is separately ordered and taken out, this latter function shall be considered accessory to the primary restaurant use. The term "restaurant" shall not be considered to include fast-food establishment, delicatessen, take-out food establishment, bakery or ice cream/confectionary store as described elsewhere in this section. Page 5 Supermarket. A retail store of more than five-thousand (5,000) square feet selling a complete assortment of food and food preparation materials, household items and other retail items. "Supermarkets" may contain accessory pharmacies, delicatessens, meat and fish markets, bakeries and florists within the principal use structure. Take-out Food Establishment; Bakery. An establishment which prepares and sells food and beverages served in disposable containers, ordered by telephone, or from a counter or display case, where the patron selects from a fixed menu consisting primarily of freshly prepared foods, beverages or baked goods, which foodstuffs are sold primarily for consumption off the premises but may also include customer seating provided that the area devoted to such seating is clearly accessory to the main business, has twelve (12) or fewer seats, and complies with the area requirements of the New York State Uniform Fire Prevention and Building Code. ii. Section 240-30 "Business District: B" of the Code of the Town of Mamaroneck as follows: Section 240-30. Business District B. A. Principal uses. (1) Store for sale of goods at retail or performance of customary personal services or service clearly incidental to retail sales, but no fabrication or manufacturing except incidental to and on the same premises as such retail sales. The hours of operation for all retail uses shall be from 6:00 a.m. to midnight. (2) (Reserved) (3) Indoor recreation or amusement establishments. (4) Business or professional offices. (5) (Reserved) (6) Municipal uses. (7) Public utility structures serving a local area. B. Special permit uses, subject to conformance to additional standards as provided herein and in Article IX (Sections 240-60 to 240-65). (1) (Reserved) (2) Radio, television and other electronic transmission structures and towers. (3) Motels and hotels. (4) Veterinary hospital, boarding and care of small pets. (5) Undertaking and funeral homes. (6) Newspaper printing and publishing. (7) Nursery use: for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories, and gardener's masonry and incidental supplies (fruits, vegetables and food not permitted). The land area shall be sixty thousand (60,000) square feet or more if used for nursery business purposes. Page 6 (8) Restaurants (see C (1) below). C. Food-related retail uses subject to the additional special permit standards provided herein. The hours of operation for all food-related retail uses listed below shall be limited to the hours between 6:00 am until midnight, unless controlled by State Law. (1) Restaurants as defined in this chapter. (a) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be twenty-five (25) feet. (2) Take-out food establishment, delicatessen or convenience store as Defined in this chapter, subject to the following conditions: (a) Such use shall not be located within three-hundred (300) feet of the lot line of any other such use, or any legal and/or legal non-conforming food-related retail use, within or outside the boundaries of the Town. (b) Drive through service shall be prohibited. (c) Access to all food-related retail uses shall be via a major arterial. (d) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be twenty-five (25) feet. (e) Any proposal for a new or expanded business shall be required to go through Site Plan Approval if the action involves: (1) an expansion of the building envelope and/or (2) an expansion of the parking area and/or (3) an increase in seating capacity and/or (4) a change in signage (f) When a proposal for a new and/or expanded stand-alone, fast-food restaurant, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or Site Plan Approval, such application shall also require Board of Architectural Review approval, pursuant to Chapter 3 of the Town Code. (g) A non-conforming fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment, shall require a use variance. (3) Supermarket subject to the following additional conditions. (a) The minimum lot size for a supermarket shall be 3.5 acres. (b) Such use shall not be located within three-hundred (300) feet of the lot line of any other such use. (4) Grocery Store. (a) Such use shall have a gross floor area of not more than five-thousand (5,000) square feet. Page 7 (5) Ice Cream/Confectionary Store. (6) Cafeteria. (7) Luncheonette D. Accessory uses. (1) Any accessory building or use customarily incident to a permitted use. (2) Signs, exterior spotlighting or other illumination of buildings as permitted [by the Building Code] under the provisions of Chapter 175. Signs. iii. Section 240-31. "Service Business District: SB" of the Code of the Town of Mamaroneck as follows: Section 240-31. Service Business District SB A. Principal uses: (7) Restaurants as defined in this chapter (a) The hours of operation shall be limited from 6:00 a.m. until midnight. (8) Luncheonette (9) Ice Cream/Confectionary Store (10) Wholesale or storage business in enclosed buildings (11) Municipal uses. (12) Public utility structure serving a local area. B. Special Uses (8) Fast-food restaurant, take-out food establishment delicatessen or convenience store subject to the following conditions: (a) Such uses shall not be located within three-hundred (300) feet of the lot line of each other within or outside the boundaries of the Town. (b) Drive through service shall be prohibited. (c) Access to all food-related retail uses shall be via a major arterial. (d) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be twenty-five (25) feet. Page 8 (e) Any proposal for a new or expanded business shall be required to go through Site Plan Approval if the action involves: (1) an expansion of the building envelope and/or (2) an expansion of the parking area and/or (3) an increase in seating capacity and/or (4) a change in signage (f) When a proposal for a new and or expanded stand-alone, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or Site Plan Approval, such application shall also require Board of Architectural Review approval pursuant to Chapter 3 of the Town Code. The Board of Architectural Review shall have the authority to modify or omit standardized facades, signs, materials, colors or other elements of the business's design and external appearance which violate the provisions of the Town's Sign Ordinance so as to achieve the Town's land use and design objectives. (g) An existing fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment, shall require a special permit. (9) Supermarket (a) The minimum lot size for a supermarket shall be 3.5 acres. iv. Section 240-25. "Business-Mixed Use Business District: BMUB" of the Code of the Town of Mamaroneck as follows: Section 240-25. Business-Mixed Use Business District BMUB. D. Special Uses as follows: (1) (Reserved) (2) Radio, television and other electronic transmission structures and towers. (3) Motels and hotels. (4) Veterinary hospital, boarding and care of small pets. (5) Undertaking and funeral homes. (6) Newspaper printing and publishing (7) (Reserved) (8) Nursery use: for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories, and gardener's masonry and incidental supplies (fruits, vegetables and food not permitted. The land area shall be sixty thousand (60,000) square feet of more if used for nursery business purposes. (9) Restaurants as defined in this chapter. (10) Mixed use developments, including the following uses, separately or in combination, subject to the standards set forth below in Subsection E and subject to site plan approval by the Planning Board: Page 9 (a) Multifamily dwelling. (b) Business and professional offices (c) Retail stores, personal service establishments v. Section 240-32.1. "UR-Urban Renewal Areas" of the Code of the Town of Mamaroneck as follows: Section 240-32.1. UR-Urban Renewal Areas. In any area determined by the Town Board to be appropriate for designation under Article XV of the General Municipal Law as an urban renewal area, one (1) or more of the following uses shall be permitted in accord with the provisions of an adopted urban renewal plan. A. Any permitted or special permit use in the Business District - B, in accord with the construction requirements therefore set forth in Section 240-45. In accordance with the legislative intent of this Local Law, Chapter 3 of the Code of the Town of Mamaroneck is hereby amended as follows: I. Section 3-6 - " Board of Architectural Review" of the Code of the Town of Mamaroneck is hereby amended as follows: 6. Standards for Board Action: imposition of conditions Add to Section 3-6-D, line 6 after the word "structure" and before the word "except" the following: The Board of Architectural Review shall have the authority to modify or omit standardized facades, signs, materials, colors, or other elements of the businesses design and external appearance which violate the provisions of the Town's Sign Ordinance and/or so as to achieve the Town's land use and design objectives. Section 4. Pre-existing Food-Related Retail Business Any existing food-related retail business which has regularly conducted business activities prior to the effective date of this Local Law shall be exempt from this Local Law. Such business shall be considered pre-existing non-conforming use (relating to the business on the premises) in which it is located and shall be terminated (if such use does not become conforming under the proposed regulations) upon discontinuance of the business for a period of greater than one (1) year. Section 5. Penalties Any person, corporation, partnership or entity that establishes, constructs or installs any building, improvement, structure, or conducts or operates any land use in violation of the provision of this Local Law, shall be guilty of a violation, and upon conviction, Page 10 subject to a penalty of up to $250.00 for each day that such violation continues to exist. Nothing herein shall be construed to limit the authority of the Town to seek and obtain injunctive relief for any violation of this law. Section 6. Validity Should any word, section, clause, paragraph, sentence, part or provision of this Local law be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any other part of this Local law which can be given without such invalid part or parts. Section 7. Superseding All ordinances, local laws and regulations of the Town of Mamaroneck in conflict with the provisions of the Local Law are hereby superseded to the extent necessary to give the Local Law full force and affect. Section 8. Effective Date This Local Law shall take effect immediately.