Chapter 14-41


14-41.100    Purpose of chapter.

14-41.101    Use permit required.

14-41.102    Design standards.

14-41.104    Non-conforming uses.

14-41.100 Purpose of chapter.

The purpose of this chapter is to regulate the design and location of Drive-Through Facilities in the City. Notwithstanding any other provision in this Code, Drive-Through Facilities shall be permitted only on property located in commercial zones that also meet the following conditions:

(a)    Location.

(1)    No drive-through lane, speakers, menu boards and/or take out windows shall be located within one hundred fifty (150') feet from any property boundary line of a parcel zoned for residential purposes.

(2)    No more than one Drive-Through Facility shall be located within two hundred (200') feet of the nearest point of a signalized intersection except as set forth in (3) below.

(3)    No Drive-Through Facility shall be located within three hundred (300') feet of any of the following “gateway” intersections:

(i)    Main Street at Front Street

(ii)    Main Street at Freedom Boulevard

(iii)    Main Street at Green Valley Road

(iv)    Riverside Drive at Rodriguez Street

(v)    Riverside Drive at Blackburn Street

(vi)    Freedom Boulevard at Airport Boulevard

(vii)    East Lake Avenue at Martinelli Street

(§ 1, Ord. 1095-00 C-M, eff. October 12, 2000)

14-41.101 Use permit required.

(a)    No drive-through facility shall be allowed in the following commercial districts, without a special use permit issued by the Planning Commission:

(1)    CT, Thoroughfare Commercial

(2)    CNS, Neighborhood Shopping Center

(3)    CN, Neighborhood Commercial

(4)    CV, Visitor Commercial

(§ 1, Ord. 1095-00 C-M, eff. October 12, 2000)

14-41.102 Design standards.

Drive-Through Facilities shall be designed and situated in such a manner so that:

(a)    Trash facilities are located to accommodate patrons using the drive-through facilities in an areas away from residential uses;

(b)    Lighting, noise, fumes, rodents, pests and odors can either be eliminated, mitigate or reduced so as not to adversely affect neighboring properties or uses;

(c)    The impact on neighboring properties or uses due to activities associated with the proposed facility and its hours of operation do not unreasonably interfere with adjoining residential uses;

(d)    Traffic generated by the Drive-Through Facility can be reasonably accommodated by the property and neighborhood streets, without creating a materially adverse traffic impact, or a material or safety hazard to vehicles or pedestrians;

(e)    On-site pedestrian walkways shall not intersect the drive-through vehicle lanes, except visibility is clear, and the pedestrian walkway is emphasizes by enriched paving and striping;

(t)    Drive-through lanes include a minimum fourteen (14') foot width on curves and a minimum eleven (11') foot width on straight sections;

(g)    Drive-through lanes provide sufficient vehicle stacking area behind the menu board to accommodate a minimum of four (4) cars;

(h)    No drive-through lanes shall exit directly onto a public right-of-way;

(i)    Landscaping shall screen drive-through and drive-in lanes from the public right-of-way and shall minimize the visual impact of the menu board and directional signs;

(j)    Drive-through lanes shall be constructed with (PCC) concrete;

(k)    Drive-through lanes shall be set back from the face of the curb of any street frontage a minimum of twenty (20') feet;

(1)    Only one menu board may be permitted and shall be a maximum of thirty (30) square feet in the area of the sign face, with a maximum height of seven (7') feet and shall face away from the street.

(§ 1, Ord. 1095-00 C-M, eff. October 12, 2000)

14-41.104 Non-conforming uses.

No Drive-Through Facility, which otherwise complies with this Code, shall hereafter be considered non-conforming except as provided herein. If an existing Drive-Through Facility requests a zoning change or modification to its use permit, it shall comply with this chapter.

(§ 1, Ord. 1095-00 C-M, eff. October 12, 2000)