The purpose of this article is to regulate and provide development
standards for establishments where food or beverages are served. The
proximity of residential uses to these types of establishments is
a concern of this article. Where the distance criterion of 200 feet
from residentially-zoned property is given in this article, it shall
be measured from the property line of the site to the property line
of the nearest residentially-zoned property.
(Ord. No. 97-11, § 2, 5-5-97)
Establishments where food or beverages are served are subject
to the review and approval procedures shown in Table 13-47. In instances
where more than one review procedure is applicable to an establishment,
the more stringent procedure shall apply.
TABLE 13-47
PERMITTED AND CONDITIONALLY PERMITTED USES
|
---|
LOCATION AND OPERATIONAL CHARACTERISTICS
|
C1-S
|
C1
|
C2
|
CL
|
TC
|
PD
|
MG
|
MP
|
---|
Establishments with 300 square feet or less of public area.
|
P 1,2 or P
|
P
|
P
|
MC
|
P 1 or P
|
P 1 or P
|
P
|
P
|
Establishments with more than 300 square feet of public area.
|
P 1 or P
|
P
|
P
|
MC
|
P 1 or P
|
P 1 or P
|
MC
|
MC
|
EXCEPTIONS
|
Located within 200 feet of a residential zone. (Subject to the
requirements of section 13-49, Development Standards for Establishments
Within 200 Feet of Residentially Zoned Property)
|
P 1 or P
|
P
|
P
|
MC
|
P 1 or P
|
P 1 or P
|
P
|
P
|
Sale of alcoholic beverages for on-site consumption after 11:00
p.m. and/or provision of live entertainment or dancing located within
200 feet of a residential zone.
|
P 1 or C
|
C
|
C
|
C
|
P 1 or C
|
P 1 or C
|
C
|
C
|
Sale of alcoholic beverages for on-site consumption after 11:00
p.m. and/or provision of live entertainment or dancing located not
within 200 feet of a residential zone.
|
P 1 or MC
|
MC
|
MC
|
MC
|
P 1 or MC
|
P 1 or MC
|
MC
|
MC
|
Drive-through operations. (Subject to the requirements of section
13-50, Development Standards for Drive-Through Operations)
|
P 1 or MC
|
MC
|
MC
|
MC
|
P 1 or MC
|
P 1 or MC
|
MC
|
MC
|
Establishments with less than 300 feet of public area located
in a multi-tenant center where 30% or more of the tenants are similar
businesses, i.e., establishments with less than 300 feet of public
area.
|
P 1 or MC
|
MC
|
MC
|
MC
|
P 1 or MC
|
P 1 or MC
|
MC
|
MC
|
Establishments with a micro brewery
|
P 1 or C
|
C
|
C
|
C
|
P 1 or C
|
P 1 or C
|
C
|
C
|
1
|
Pursuant to an approved master plan which specifies these operational
characteristics and/or location of the business.
|
2
|
For the purposes of this table, the symbols shall have the following
meaning: P=Permitted; MC=Minor Conditional Use Permit; C=Conditional
Use Permit.
|
(Ord. No. 97-11, § 2, 5-5-97)
Establishments where food or beverages are served are subject
to the following development standards.
(a) Outdoor
seating areas are permitted provided that the area does not encroach
into required street setback, parking and circulation, or interior
landscaped areas; except as approved through the issuance of a minor
conditional use permit or as allowed in certain planned development
zones. Shade structures for approved outdoor seating areas must comply
with all setback requirements but, with approval of a minor conditional
use permit, may encroach into the required street setback if it is
either attached to the main building (e.g., an awning) or supported
with a detached ground-mounted structure. To allow views to remain
open and unobstructed, such detached shade structures shall not obstruct
more than 50% of the façade area along the property line(s)
with either vertical (e.g., posts) or horizontal elements (e.g., planters,
sloped awnings) with a minimum 24 inches between the shade cover and
any fences, walls, or other similar structures such that the outdoor
seating area is not enclosed. Additionally, all Building and Fire
Code requirements shall be satisfied.
(b) All
establishments shall comply with the applicable standards and review
procedures indicated in Table 13-47, as well as with all other development
standards of the appropriate zoning district.
(c) Seasonal
events that include live entertainment, dancing, and/or amplified
music may be allowed without a conditional use permit or live entertainment
permit provided that it complies with the following standards. Each
establishment is limited to four nonconsecutive events per calendar
year.
(1) The event shall not exceed one day in duration;
(2) The event shall be conducted entirely indoors; and
(3) The event shall comply with Chapter XII, noise control.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 12, 3-2-98; Ord. No. 05-3, § 1e., 2-7-05; Ord. No. 21-20, § 1, 12-7-21)
Establishments where food or beverages are served that are within
200 feet of residentially-zoned property shall comply with the following
development standards, unless the standards are modified through the
issuance of a minor conditional use permit or conditional use permit.
(a) All
exterior lighting shall be shielded and/or directed away from residential
areas.
(b) Outdoor
public communication systems shall not be audible in adjacent residential
areas.
(c) Trash
facilities shall be screened from view and designed and located appropriately
to minimize potential noise and odor impacts to adjacent residential
areas.
(d) Outdoor
seating areas shall be oriented away or sufficiently buffered from
adjacent residential areas.
(e) For
new construction, a landscaped planter area, a minimum of five feet
in width, shall be provided as an additional buffer to adjacent residential
areas. The planter area shall contain appropriate plant materials
to provide an immediate and effective screen. Plant materials shall
meet with the approval of the planning division. For remodels, the
planning division may also require the construction of a landscaped
planter area to buffer adjacent residential areas, if feasible.
(f) For
new construction, all interior property lines abutting residentially-zoned
property shall have a minimum six-foot high masonry wall, as measured
from the highest grade. An eight-foot high masonry wall may be required,
based on the establishment's operational characteristics, in order
to provide additional protection to adjacent residential uses. A planning
application may be required for walls exceeding six feet in height.
For remodels, the planning division may also require the construction
of a masonry wall to buffer adjacent residential areas, if feasible.
(g) Hours
of operation for customer service shall not occur any time between
11:00 p.m. and 6:00 a.m.
(h) Truck
deliveries shall not occur anytime between 8:00 p.m. and 7:00 a.m.
(Ord. No. 97-11, § 2, 5-5-97)
Establishments with drive-through operations shall comply with
the following development standards, unless the standards are modified
through the issuance of a minor conditional use permit.
(a) Drive-through
lanes shall not obstruct the circulation routes necessary for ingress
or egress from the property, parking areas (including back-out of
parking spaces), and pedestrian walkways.
(b) Each
drive-through lane shall be striped, marked or otherwise distinctly
delineated, and shall be a minimum of 11 feet wide.
(c) On-site
entrances to drive-through lanes shall be set back a minimum of 25
feet from drive approaches from public or private streets or alleys.
(d) Each
drive-through lane shall be a minimum of 160 feet in length, unless
modified by the zoning administrator. The length of the drive-through
lane shall be measured from its entrance point to the pickup window.
(e) Vehicle
stacking areas of drive-through lanes shall be a minimum distance
of 10 feet from outdoor seating and play areas.
(f) Application
for a minor conditional use permit shall include an operation statement
indicating the physical improvements and operational measures proposed
to minimize idling vehicle emissions.
(g) Establishments
within 200 feet of residentially-zoned property shall also be subject
to the development standards contained in section 13-49, Development
standards for establishments within two hundred feet of residentially-zoned
property.
(Ord. No. 97-11, § 2, 5-5-97)
(a) The provisions of this article shall apply to all new establishments where food or beverages are served which are proposed. The provisions of this article shall not apply to existing uses, even when they undergo a change of ownership, unless one or more of the conditions described in subsection
(b) are met.
(b) The
provisions of this article shall apply, as appropriate, to any existing
use where food or beverages are served under the following circumstances:
(1) A change of operational characteristics that includes one or more
of the following items:
a. An extension of the hours of operation for customer service between
11 p.m. and 6 a.m., if the establishment is within 200 feet of residentially-zoned
property.
b. The introduction of the sale of alcoholic beverages for on-site consumption
between 11 p.m. and 2 a.m.
c. The introduction of live entertainment or dancing, or the cumulative
expansion of 100 square feet or more of the area devoted to dancing
during the lifetime of the establishment.
d. The introduction of drive-through operations or the expansion of
the existing drive-through operations.
e. Alterations resulting in a cumulative increase of 100 square feet
or more in the floor area devoted to customer service, e.g., food
and/or beverage service or entertainment, during the lifetime of the
establishment.
f. A change from any type of alcoholic beverage control license to any
of the following alcoholic beverage control license types: 40 (on-sale
beer); 42 (on-sale beer and wine for public premises), 48 (on-sale
general for public premises); or 61 (on-sale beer for public premises)
provided that the establishment is open for customer service anytime
between the hours of 11 p.m. and 2 a.m.
(2) A cumulative expansion of 100 square feet or more of the gross floor
area during the lifetime of the establishment.
(3) Discretionary review by the final review authority shall be limited
to the change in operational characteristics or the expansion in the
area devoted to customer service.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00)