A. No permit shall be issued for a drive-in or take-out restaurant and no permit shall be maintained in full force and effect for any permittee unless:
1. The parking and driveway area of any such premises are adequately illuminated by electrical lights in accordance with the standards established by the City Engineer, but all illumination shall be so arranged by the permittee so as to reflect away from an adjoining residential property.
2. The parking and driveway areas of the premises shall be satisfactorily paved or treated so as to avoid creating dust and so as to provide for adequate drainage of surface water.
3. Any drive-in or take-out restaurant constructed in the future, in addition, shall be provided with access available to public streets or other public ways from at least two (2) points at all times. Such means of access shall be kept clear by the permittee at all times to facilitate the departure of persons in motor vehicles and to permit entrance of fire apparatus or ambulances, law enforcement vehicles or other emergency vehicles.
4. Each permittee shall provide and maintain a reinforced cement or block masonry wall not less than three (3) feet and not more than six (6) feet in height at the exterior boundaries of any area provided for customer vehicle parking and driveway, except within the front yard set-back area and at those locations approved for ingress and egress. Where such parking or driveway area abuts a street, other than an alley, no such wall shall be required. Where such parking or driveway area abuts upon an adjoining use devoted to vehicle parking or drive-ways, no such wall shall be required.
B. The requirements of this section may be modified upon application to the City Council and the establishment of unusual circumstances making the application of this subsection under such circum-stances unreasonable or unnecessary. In granting such a modification, the City Council may impose any reasonable conditions in order to protect the public health, peace, safety and welfare.
C. Permits for drive-in or take-out restaurants issued to establishments existing as of the effective date of this chapter may provide that the requirements of paragraphs A.1., 2. and 4. of this section need be complied with only within twelve (12) months after the effective date of this chapter, in which event such permit shall be deemed to have lapsed unless compliance is had within such period of time.
('61 Code, § 12A.8) (Ord. 432, passed - - )