The Town Board finds that restaurants with drive-throughs provide
a service to senior citizens and people with disabilities and helps
to promote complimentary economic development for under-utilized shopping
centers. These regulations are intended to permit drive-through facilities
in appropriate locations while reducing the negative impacts they
may create. The specific purposes of this section are to:
A. Reduce noise, lighting, and visual impacts on abutting uses, particularly
residential uses;
B. Promote safer and more efficient on-site vehicular and pedestrian
circulation;
C. Reduce conflicts between queued vehicles and traffic on adjacent
streets;
D. Reduce negative impacts tied to idling of cars, such as fumes and
noise.
E. Minimize impervious pavement and excessive heat emitted.
A fast-food restaurant shall not occupy more than 25% of the
total lot area, excluding permanent canopies for order windows.
The minimum required lot area for a fast-food restaurant shall
be 45,000 square feet.
The minimum width of lot for a fast-food restaurant shall be
100 feet throughout.
A thirty-five-foot vegetative buffer planted in accordance with
Town standards shall be required wherever the location of the drive-through
(inclusive of bypass lane) abuts a residential use or zone.
No encroachments are permitted except cornices, eaves, gutters
and chimneys projecting not more than 24 inches.
The operator of any fast-food restaurant shall be obligated to provide adequate queuing for the orderly operation of the drive-through. Any stacking shortfall which extends off of the subject property into a public right-of-way and/or prevents vehicles from entering or exiting the subject property shall be deemed a violation of this article. Each violation of §
68-423.10 shall be punishable by a minimum fine of $2,000. The Planning Board is authorized to hold a public hearing to revoke a special permit for a drive-through and direct the removal of the drive-through if five substantiated violations are issued within a consecutive seven-day period after the implementation of a traffic management plan and queuing vehicles have materially impacted the flow of traffic on a public right-of-way.