§ 13-49. Development standards for establishments within two hundred feet of residentially-zoned property  


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  • Establishments where food or beverages are served that are within two hundred (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 (5) 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 (6) 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)