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)    In the CN zoning district, 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 (1) drive-through facility shall be located within two hundred (200') feet of the nearest point of a signalized intersection except as set forth in subsection (a)(3) of this section.

(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, as amended by § 2 (Exh. B), Ord. 1472-25 (CM), eff. April 24, 2025)

(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, as amended by § 2 (Exh. B), Ord. 1472-25 (CM), eff. April 24, 2025)

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 areas away from residential uses;

(b)    Lighting, noise, fumes, rodents, pests and odors can either be eliminated, mitigated 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 does 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 if visibility is clear, and the pedestrian walkway is emphasized by enriched paving and striping;

(f)    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;

(l)    Only one (1) 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, as amended by § 2 (Exh. B), Ord. 1472-25 (CM), eff. April 24, 2025)

No drive-through facility, which otherwise complies with this Code, shall hereafter be considered nonconforming 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, as amended by § 2 (Exh. B), Ord. 1472-25 (CM), eff. April 24, 2025)