Notwithstanding any other provision in this code, drive-up, drive-in and drive-through facilities shall be permitted only on property located in the commercial zones, subject to the following conditions:
   A.   A conditional use permit, pursuant to the provisions of article 38 of this chapter, shall be obtained prior to the establishment of such facilities, or the issuance of building permits therefor.
   B.   In addition to the criteria set forth in sections 10-3-3800 through 10-3-3803 of this chapter, the following factors shall be considered in connection with the review of a conditional use permit application for a drive-up, drive-in or drive-through facility:
      1.   Whether the proposed facility is compatible with the area and neighboring uses;
      2.   Whether the facility would create or cause any of the following:
         a.   An adverse traffic impact or a traffic safety hazard, including, but not limited to, an adverse impact on traffic circulation;
         b.   Pedestrian-vehicle conflicts or pedestrian safety hazards;
         c.   An accumulation of garbage or trash;
         d.   Excessive noise;
         e.   Intrusive lighting;
         f.   Excessive or unpleasant odors;
         g.   Noxious fumes;
         h.   Interference with neighboring properties or uses due to activities associated with the proposed facility or due to its hours of operation;
      3.   Whether the facility can be located or situated in such a manner so that:
         a.   Trash facilities can be located to accommodate patrons using the drive-up, drive-in or drive-through facilities in an area away from adjacent residential uses;
         b.   Lighting, noise, fumes, rodents, pests and odors can either be eliminated, mitigated or reduced so as to not adversely affect neighboring properties or uses;
         c.   Traffic generated by the facility can flow smoothly, both on site and off site, without creating an adverse traffic impact, or a traffic or safety hazard to vehicles or pedestrians;
         d.   The impact on neighboring properties or uses due to activities associated with the proposed facility or due to its hours of operation does not exceed acceptable levels.
   C.   Upon application for a conditional use permit, the planning commission may approve, deny or conditionally approve such application. The planning commission may impose any conditions which are necessary to preserve the public health, welfare or safety or to mitigate any potential adverse impacts resulting from the establishment of drive-up, drive-in or drive-through facilities.
   D.   Consistent with the restrictions set forth in section 10-3-1610 of this article, automobile service stations may provide drive-up, drive-in or drive-through facilities for the sale of petroleum products and the minor maintenance of automobiles provided that any other sale or service is conducted within an enclosed building that offers no drive-up, drive-in or drive-through service. (Ord. 89-O-2063, eff. 7-6-1989)