La Verne City Zoning Code
CHAPTER 18
98 DRIVE-THROUGH USES
§ 18.98.010 Purpose.
The purpose of this chapter is to assure that drive-in and drive-through uses throughout the city are designed to ensure safety and reduce potential impacts on adjacent properties.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.020 Definitions.
The following words or phrases shall have the following meanings when used in this chapter:
means an establishment designed to enable customers to transact business or receive services while remaining in a motor vehicle. Drive-through uses include, but are not limited to, banks with drive-through teller windows or ATM machines, federal savings banks, mini-market/convenience food establishments, photo developing, dairies, drug stores, car washes and fast-food restaurants.
means any place of business for the sale of prepared foods where any one of the following conditions is found to exist:
No provision is made for permanent seating;
Permanent seating either inside or outside is clearly incidental to the principal activity of dispensing take-out orders;
The patrons thereof need not alight from a motor vehicle for service or the patrons alight temporarily for service at a window or counter either inside or outside the building.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.030 Conditional use permit required.
No person shall operate, or maintain, or utilize a drive-through facility or drive-in, drive-through or walk up restaurant without first having obtained a conditional use permit.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.040 Development standards, generally.
All drive-through uses shall be developed in accordance with the standards for the zone or specific plan area in which the use is located unless otherwise specified in this chapter.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.050 Setbacks.
Buildings shall be set back from property lines in accordance with the requirements of the zone in which the use is located; and:
A.
Any structure that is used for a drive-through business shall be located no closer than one hundred feet from any lawful residential use. Increased setback requirements from residential or institutional uses may be required by the planning commission in order to effectively protect neighborhoods and/or mitigate impacts associated with specific development proposals.
B.
Any structure that is used for a drive-through business shall be located no closer than two hundred feet from any other structure that is also used for a drive-through business. An additional setback from similar uses may be required in order to effectively protect the safety and/or mitigate impacts associated with specific development proposals.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.060 Lot area.
Each drive-through business shall be located on a lot having an area of not less than twenty thousand square feet.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.070 Lot coverage.
The maximum lot coverage permitted is in accordance with the requirements of the zone in which the use is located.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.080 Circulation.
A.
Drive-through aisles shall provide adequate queuing distance to accommodate a minimum of five cars before the first stopping point. The first stopping point, may be the menu board for drive-through restaurants, the vacuum bays for a car wash or the service window of a business. Additional stacking requirements may be made conditions of approval through a conditional use permit.
B.
The drive-through aisle shall have a minimum twenty-five-foot interior radius for any curves.
C.
Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have a minimum fifteen-foot clear visibility, and they shall be emphasized by enriched paving and signage.
D.
No drive-through aisle shall exit onto a public street or alleyway.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.090 Parking.
Every drive-through use shall be subject to the parking requirements stated in Chapter 18.76 of this title.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.100 Signs.
All signs, including menu boards and directional signs shall be indicated on the site plan. Menu boards and speakers shall not be visible from the public right-of-way or nearby/adjacent lawful residential uses, and in no circumstance shall the audible level of a speaker project beyond than the property line. All signs must be developed in accordance with the provisions of the zone in which the use is located and Title 17 of this code.
In order to reduce the impacts of a drive-through facility, the applicant may be required to install order screens that do not utilize a speaker, but utilize text on a screen and a microphone for the customer to place an order, or other quiet device.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.110 Lighting.
All lighting, except within the building, shall be of an indirect nature, emanating from fixtures located under canopies, under eaves of buildings, or recessed in screening walls, or at ground level in landscaped areas. All lighting shall be arranged and shielded so as to eliminate glare and reflection. Where, because of unusual circumstances, freestanding lighting is permitted top-mounted pole lights, generally mushroomed or shoebox in character, shall be required and shall be so situated and shielded as not to direct or reflect lighting on adjacent properties, buildings, or public right-of-ways.
All parking lot lighting shall conform to the lighting standards of Section 18.76.090 of this code.
All exterior lighting shall be subject to a thirty-day review period beginning with the energizing of the lighting system to ensure that any lighting issues are resolved.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.120 Architecture of drive-through aisles.
Drive-through canopies and other similar accent structures shall be so designed that the architectural theme will reflect the design of adjacent structures. Innovative designs may be permitted provided they can be shown to be an asset to the area under consideration and will not cause other structures and property in the local environment to depreciate in appearance and value. To accomplish the desired architecture, the use of native stone, brick, exposed aggregate, or similar materials on the exterior of the building is encouraged.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.130 Screening and landscaping.
Landscaping and/or decorative masonry walls shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of reader-board signs and directional signs. The materials used for screen walls shall be the same as those used on the exterior of the building or other related materials. The landscape design shall be consistent with the landscape regulations of the zone in which the use is located and Section 18.76.080 of this code.
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.140 Hours of operation.
If the planning commission determines it is necessary or desirable in order to protect nearby properties or uses to provide for the general public safety or welfare, it may restrict the establishment's hours of operation. Such restrictions may be imposed as a condition at the time of the original approval or anytime subsequent there to. Drive-through uses that request to be open after midnight shall be required to obtain a conditional use permit pursuant to Chapter 18.100 of this title, "Late-Night Business."
(Ord. 953 § 1 (Exh. A), 2002)
§ 18.98.150 Nonconforming uses.
A.
Any drive-in or drive-through business in possession of and in compliance with a conditional use permit issued by the city before May 1, 2002, may be considered as a legal-conforming use and shall only be subject to the conditions of their approved conditional use permit until such time the CUP is amended for any reason. At that time, the planning commission may impose the standards within this chapter that are applicable to the business. All legal nonconforming uses are subjected to the regulations of Section 18.10.060 of this code.
(Ord. 953 § 1 (Exh. A), 2002)