Prohibit or Limit the Use of Drive-Through Services
Daniel Chapple, Bradley Adams (authors), Charlie Cowell & Jonathan Rosenbloom (editors)INTRODUCTION
Public safety concerns arise from the prevalence of drive-through establishments. Local governments address safety issues by passing ordinances designed to ban or limit the development of drive-throughs. Communities may prohibit or limit the use of drive-throughs in all zones, or only in areas recognized as problematic. Ordinances restricting or banning drive-throughs limit where drive-throughs may be placed by district, placement of the drive-through in relation to the adjacent building, requirements for pedestrian safety, and minimum distances from nearby roadways. These codes often call for developers to submit an application for a special use permit in zones where drive-throughs are allowed on a conditional basis.
To withstand legal challenges, communities should develop a record that includes data showing the connections between drive-throughs and their negative impacts described below (i.e. pedestrian danger, public health, obesity, and traffic congestion).[1]
EFFECTS
A common concern surrounding drive-throughs is how they negatively affect pedestrian safety. Drivers are less likely to be alert at drive-throughs, which is dangerous for bicyclists and pedestrians in urban areas.[2] The Minnesota Department of Transportation observed alarming associations between the density of “urban driveways” (such as drive-throughs) and pedestrian crash rates.[3] Another study notes an increase of pedestrian accidents in low-income areas with a higher density of fast food restaurants.[4] Research also suggests children are at greater risk of being involved in a vehicle collision because of proximity to drive-throughs.[5]
Studies centered around drive-throughs show that idling vehicles waiting in queue lines waste fuel, lessen the quality of air, and contribute to greenhouse emissions.[6] Idling vehicles produce carbon dioxide at rates higher than those in motion.[7] Volatile organic compounds (VOCs) and nitrogen oxides (NOx) are another byproduct of still vehicles, both of which are toxic to humans.[8] VOCs and NOx combine with heat and sunlight to form ground-level ozone, a byproduct of the burning of fossil fuels which can lead to respiratory disorders.[9] The National Weather Service recommends that individuals should avoid using drive-throughs to reduce the effects of ground-level ozone.[10]
Restaurants associated with drive-throughs almost exclusively serve fast food. Fast food is characterized as “inexpensive food that is prepared and served quickly, often by drive-through service, and tends to be high in fat and low in nutritional value.”[11] Analysis of fast food consumption shows that it is related to fast food availability for certain demographics, with the highest correlation among low-income men, strengthening the need for zoning restrictions on fast food restaurants near low-income residents.[12] There is sparse research demonstrating how zoning regulations which prohibit drive throughs impact the health of residents. However, in the mid-1980s, cities in California passed zoning regulations restricting the density and location of alcohol retailers, thus limiting its availability.[13] There is support showing that zoning regulations which reduce the availability of alcohol give rise to a reduction in alcohol-related health problems.[14] Researchers suggest that similar zoning regulations limiting where and how fast food outlets operate can be used to address the public health issues caused by fast food.[15]
Drive-throughs may also cause traffic problems on roadways in densely populated areas. Some problems arise in the short term, such as when a new establishment opens, causing many vehicles to converge on a road not designed to cope with the volume.[16] When businesses maintain a high level of popularity, the problem is long term, requiring local authorities to take more drastic action such as revoking business permits.[17] Conflicts can also arise on private property by disturbing the traffic flow of parking lots in shopping centers or outlets.[18]
EXAMPLES
Carrboro, NC
Restaurant drive-throughs are permitted in only one of 22 local districts.[19] Drive-throughs associated with banks are permitted in only three of the 22 districts.[20] In districts where use is allowed, both banks and restaurants must receive a conditional use permit in order to operate drive-throughs.[21] Conditional use applications must be submitted to the board of alderman and will not be approved if the development endangers public health, injures the value of adjacent property, is not “in harmony” with its location, or does not conform with official plans adopted by the board.[22]
Where permitted, drive-throughs must be placed so that pedestrians entering and exiting the building are not required to cross the driving lane.[23] When it is necessary for individuals to have to cross drive-through lanes, crosswalks have to be clearly demarcated from the parking area to the building entrance.[24] Lanes must be situated so that other vehicles leaving or entering the parking lot won’t be hindered by others using the drive-through.[25] Entrances and exits to drive-throughs must be placed so they do not come within 300 feet of the centerlines of intersecting streets.[26] Buildings of businesses that use drive-throughs to serve food primarily for off site consumption may not be located within 1,000 feet of one another.[27]
To view the provision, see Town of Carrboro, NC, Land Use Ordinance §§ 15-146 3.230, 8.300-8.4000, 15-54(c)(4), 15-176.1(1-6) (2019).
Ridgefield, CT
Ridgefield passed an ordinance banning the use of drive-throughs for food services in its Commercial Business, Business B-1, and Business B-2 districts.[28] The code states that the Central Business District’s purpose is to enhance Ridgefield’s historic character, preserve Ridgefield Center as a focal point of the community, promote a pedestrian friendly environment, and restore and maintain its architectural assets.[29] Though the regulations do not allow drive-throughs for food services, developers may apply for a special use permit if they desire to include a drive-through for another purpose.[30] Issuance of a special permit is at the discretion of the zoning commission.[31] The commission grants or denies a permit after giving consideration to a list of criteria, such as: public health and safety, civic design, property values, and Ridgefield’s natural, historic, and scenic qualities.[32] An application for a special permit must also further a goal, policy, or objective as set forth in the Town’s Plan of Conservation and Development.[33]
To view the provision, see Ridgefield, CT, Zoning Regulations §§ 5.1(A), 5.1(D)(5), 5.2(D)(3), 5.3(D)(8) (2007), Ridgefield, CT, Zoning Regulations § 9.02(A)(5)(a-j), (2007).
ADDITIONAL EXAMPLES
Concord, MA, Zoning Bylaw § 4.7.1 (2018) (banning the establishment of drive-in and fast food restaurants. The Town defines these entities as “as any establishment whose principal business is the sale of foods or beverages in a ready-to-consume state, for consumption within the building or off-premises, and whose principal method of operation includes: (1) sale of foods and beverages in paper, plastic or other disposable containers; or (2) service of food and beverages directly to a customer in a motor vehicle”).
Toronto, ON, Zoning By-Law No. 569-2013 § 150.80.20.1 (2019) (prohibiting or limiting the use of drive-throughs in some residential and mixed use zones).
San Luis Obispo, CA, Municipal Code §§ 17.10.20(F), 17.156.010 (2018) (banning the use of drive throughs in all zones).
CITATIONS
[1] See Marice Ashe et al., Land Use Planning and the Control of Alcohol, Tobacco, Firearms, and Fast Food Restaurants, 93 American Journal for Public Health 1404 (Sept. 2003), https://perma.cc/2YE7-VNBX.
[2] Aarian Marshall, The Case Against Drive-Throughs, Citylab (Feb. 11, 2016), https://perma.cc/92Q2-BRFB.
[3] Id. (quoting Eric Dumbaugh, a traffic safety researcher and associate professor at Florida Atlantic University’s School of Urban and Regional Planning).
[4] Pei Sung-Lin et al., Development of Countermeasures to Effectively Improve Pedestrian Safety in Low-Income Areas, 6 Journal of Traffic and Transportation Engineering 162-74 (Apr. 2019), https://perma.cc/5DU7-YE69.
[5] Mark Braseth, Note, The Effects of Land Use Patterns and Street Network Connectivity on the
frequency of Child Pedestrian-Vehicle Collisions: An aggregate analysis in Portland, Oregon, Department of Planning, Public Policy & Management, School of Architecture and Allied Arts, of the University of Oregon 43-44 (2012), https://perma.cc/BA7T-MFBB.
[6] Keziah Hill et al., An Evaluation of the Effects of Drive-Through Configurations on Air Quality at Fast Food Restaurants, 6 Journal of Civil and Environmental Engineering 1 (2016), https://perma.cc/56XW-WBL9.
[7] Id.
[8] Id.
[9] Ground-Level Ozone Basics, EPA (Oct. 31, 2018), https://perma.cc/TG2S-XUJL.
[10] Air Quality Index, Nat’l Weather Serv., https://perma.cc/9MDE-VQ2P (last visited Jun. 25, 2019).
[11] Julie Samia Mair et al., The Use of Zoning to Restrict Fast Food Outlets: A Potential Strategy to Combat Obesity, Johns Hopkins Center for Law and the Public’s Health 2 (Oct. 2005), https://perma.cc/T6UC-9LPE.
[12] Janne Boone-Heinonen et al., Fast Food Restaurants and Food Stores:
Longitudinal Associations with Diet in Young to Middle-aged Adults: The CARDIA Study, 171 JAMA Internal Medicine 1162 (Jul. 2011), https://perma.cc/HZ6Z-BUNY.
[13] Ashe et al., supra note 1.
[14] Ashe et al., supra note 1, at 1405–06; Mair et al., supra note 11, at 1.
[15] Ashe et al., supra note 1, at 1405–06; Mair et al., supra note 11, at 2.
[16] See e.g. Meghan Finnerty, Greece Chick-fil-A Still Coops Up Drivers in Traffic Jams, Residents Cry Fowl, Democrat and Chronicle (May 17, 2018), https://perma.cc/ESZ7-UNZ4.
[17] See e.g. Lauren Cusimano, Table Scraps: Idling at the Dutch Bros. Drive-Thru? You're Adding Ozone Pollution, Phoenix New Times (May 15, 2019), https://perma.cc/62F4-3A2H.
[18] See e.g. Mike Salmon, Drive Thru Dining Gridlocks Backlick, Fairfax Station Connection (Jun. 25, 2019), https://perma.cc/VX5R-UTM8.
[19] Id. at §§ 15-146 8.300, 8.4000.
[20] Town of Carrboro, NC, Land Use Ordinance § 15-146 3.230 (2019).
[21] Id. at §§ § 15-146 3.230, 8.300, 8.4000.
[22] Id. at § 15-54(c)(4).
[23] Id. at 15-176.1(1).
[24] Id. at 15-176.1(3).
[25] Id. at 15-176.1(2).
[26] Id. at 15-176.1(4).
[27] Id. at 15-176.1(5).
[28] Ridgefield, Conn., Zoning Regulations §§ 5.1(D)(5), 5.2(D)(3), 5.3(D)(8) (2007).
[29] Id at § 5.1(A).
[30] See e.g. id. at § 5.1(D)(5).
[31] Id. at § 9.02(A)(4)(b)(ii).
[32] Id. at § 9.02(A)(5)(a-j).
[33] Id. at § 9.02(A)(5)(j).