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1325.04   Additional Minimum Requirements for Drive-In Businesses, Drive-up Windows, Fast Food Restaurants and Automobile Service Stations.
(revised 12/17/08) 
   Because drive-in businesses, drive-up windows, fast food restaurants and automobile service stations present certain unusual problems, they are hereby required to meet the following requirements in addition to the general requirements applicable to them in the zoning district in which they are to be located, unless otherwise regulated in this Code:
   Subd. 1   Location.
      A.   Proximity to Schools, Churches, Public Recreational Areas and Residential Lots.  No drive-in business, drive-up window, or fast food restaurant shall be located on a site that is within four hundred (400) feet of a public, private or parochial school, a church, a public recreation area, or any residentially zoned property.
      B.   Proximity to Other Establishments.  No drive-in business, drive-up window, or fast food restaurant shall be located on a site that is within one thousand three hundred twenty (1,320) feet of the boundaries of another one.
      C.   Unreasonable Traffic Volume.  No drive-in business, drive-up window, or fast food restaurant shall be located on a site if the probable result of such location would be to unreasonably increase traffic volume on nearby streets.
      D.   Size of Lot.  No drive-in business, drive-up window, or fast food restaurant shall be located on a lot of less than twenty-four thousand (24,000) square feet.
   Subd. 2   Site Development Standards
      A.   Landscaping.  A lot to be used for drive-in business, drive-up window, fast food restaurant or automobile service station purposes shall be landscaped at least to the following depths from each lot line:
         1.   Twenty (20) feet from the front lot line, except for approved access drive.
         2.    Ten (10) feet from each side lot line.
         3.   Fifteen (15) feet from rear lot line.
      B.   Electronic Devices.  Electronic devices such as loudspeakers or devices, and similar instruments, shall not be located within fifty (50) feet of any adjacent lot regardless of use or zoning district.
      C.   Snow Storage.  Adequate area shall be designed for snow storage such that clear visibility shall be afforded from the property to any public street.
      D.   Screening.  A suitable screening fence shall be erected along all property lines except those which are also public right-of-way lines.  Said fence shall be of a type and design approved by the Council.  Planting of a type approved by the Council may also be required in addition to or in lieu of fencing.
      E.   Design.  The design of all structures shall be compatible with other structures in the surrounding area.
      F.   Signs.  No permanent or temporary signs visible from a public street shall be erected without approval from the Council.
      G.   Traffic Circulation.  No site plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation.
      H.   Access.  Access shall be to public streets from at least two (2) points on the subject premises.  A divided entry with a center island may meet the requirements of this provision.
      I.   Rules and Regulations of State Fire Marshal.  With respect to automobile service stations, any building proposed to be used as a service station shall be constructed and maintained as required by the rules and regulations of the state fire marshal governing the handling, storage and transportation of flammable liquids.  Every facility, whether underground or above ground and whether indoors or out-of-doors, for the handling, storage and movement of flammable liquids, shall likewise be constructed and maintained in accordance with the rules and regulations of the State Fire Marshal and the Pollution Control Agency (PCA).