As used in this section, "drive-through food service facility" means any retail or service establishment that serves food and/or beverages as part of its business and that provides a designated place where persons can drive in vehicles in such proximity to the establishment that they can or are permitted to conduct the major portion of their business with the establishment without having to exit their vehicles.
(a) Except as otherwise provided in Subsection 4, below, notwithstanding any provision of this Charter or any regulations contained in existing ordinances of the City, no structure shall be constructed, erected, converted, or altered for the purpose of using it or any portion of it as a drive-through food service facility on or after the effective date of this amendment.
(b) Except as otherwise provided in Subsection 4, below, no existing use of any property situated within the City of Bexley shall be altered so as to permit the operation of a drive-through food service facility.
(c) Except as otherwise provided in Subsection 4, below, notwithstanding any other provision of this Charter permitting the exercise of legislative, executive, or administrative power, no zoning variance, approval of conditional use of property, approval of plans, or permits or other approvals to construct, erect, convert, alter, modify, use or occupy any structure shall be approved, granted, authorized, issued, or permitted by the City of Bexley if the structure or any portion thereof is for the operation of a drive-through food service facility.
(d) Notwithstanding the foregoing provisions, Section 80 of this Charter shall not be applicable to any drive-through food service facility located or proposing to be located on property which is adjacent to and has frontage on the north side of Livingston Avenue and which is situated west of College Avenue.
(Amended Nov. 8, 2011)