A. Except as provided in subsection B of this section, it shall be unlawful for any person to commence or conduct, either directly or indirectly, any commercial use on a site located in a commercial-residential transition area except in conformance with the following requirements:
1. No deliveries shall be received, and no loading, or unloading shall be permitted during extended hours unless:
a. The deliveries, loading, or unloading operation is conducted entirely within an enclosed structure, or
b. The deliveries, loading, or unloading operation is conducted exclusively from a public right of way that is not adjacent to a residential zone or RMCP zone.
2. Refuse shall not be deposited into a commercial refuse bin located outside of an enclosed structure on private property or on a public right of way that is adjacent to a residential zone or RMCP zone during extended hours unless such refuse is in sealed bags.
3. Commercial refuse bins shall not be moved in a public right of way adjacent to a residential zone or RMCP zone, or within the area between a commercial structure and a residential zone or RMCP zone during extended hours, except by waste haulers operating pursuant to a franchise with the city that permits such activity during extended hours.
4. All commercial refuse bins shall be equipped with nonmetallic lids which shall remain closed at all times.
5. For those businesses operating pursuant to an extended hours permit issued pursuant to section 10-3-1958 of this article, the name and telephone number of a person who will be available during the operational hours of the business to address a problem with the subject establishment shall be posted in a conspicuous place on the exterior of the building housing the establishment. The sign shall not exceed four (4) square feet in size and the letters on the sign shall be not less than one-half inch (1/2") nor more than one inch (1") in height. The contact person shall be the business owner, business manager, or other similar person who has sufficient authority over the business to address problems that may disturb neighbors.
6. All doors facing a residential zone shall remain closed at all times during extended hours except for the immediate purpose of ingress or egress. All windows to food preparation areas that face a residential zone shall remain closed at all times during extended hours.
7. Employees, agents, associates, or contractors of a nonresidential use shall not congregate behind the nonresidential structure or in any open area or public right of way separating a nonresidential structure and a residential zone or RMCP zone during extended hours.
8. All businesses in the commercial-residential transition area shall comply with all provisions of title 5, chapter 1, article 1 of this code, regarding general noise regulations. In order to promote compliance with said provisions, and in addition to said provisions, all businesses in the commercial-residential transition area shall comply with the following requirements:
a. The employees, agents, associates, or contractors of a business shall not engage in conduct or activity which substantially or unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area during extended hours.
b. No activity shall be conducted on the premises in a manner which substantially or unreasonably disturbs the peace and quiet of the surrounding neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area during extended hours.
c. The factors which shall be considered in determining whether activity described in subsections A8a and A8b of this section violates this section shall be the criteria specified under section 5-1-104 of this code, including, but not limited to, the following:
(1) The volume of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) Whether the origin of the noise is natural or unnatural;
(4) The volume of the background noise;
(5) The proximity of the noise to residential sleeping facilities;
(6) The time of day or night the noise occurs;
(7) The duration of the noise;
(8) Whether the noise is recurrent, intermittent, or constant.
B. The operational requirements set forth in subsection A of this section shall not apply to:
1. The following business classifications:
b. Residential or commercial property rental and leasing (classifications E and F), as defined under subsections 3-1-219E and F of this code;
c. Agencies, lenders, brokerages, and other similar services (classification G), as defined under subsection 3-1-219G of this code;
d. Depository financial institutions, branch and sales office locations (classification H), as defined under subsection 3-1-219H of this code;
e. Corporate offices; or
2. Hotels and hotel appurtenant service uses as defined in article 28.6 of this chapter; or
3. Projects approved by the planning commission or the city council on an appeal through any of the following procedures when the resolution of approval specifically and explicitly addressed extended hours activities associated with the project:
a. Development plan review;
b. Conditional use permit;
c. Planned development review; or
4. Vehicle fuel stations.
C. A minor accommodation may be granted pursuant to the procedures and requirements of article 36 of this chapter, to relieve an applicant of one or more of the operational requirements prescribed by subsections A1 through A7 of this section if the director of planning and community development finds:
1. The applicant cannot comply with the subject requirements, and
2. The applicant will comply with subsection A8 of this section. (Ord. 96-O-2270, eff. 11-27-1996; amd. Ord. 99-O-2324, eff. 3-19-1999; Ord. 05-O-2489, eff. 12-16-2005)