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)