(a) Purpose. This section establishes regulations concerning the location and operation of drive-through establishments to achieve the following:
(1) Promote safe and efficient vehicular and pedestrian circulation at drive-through establishments to protect the health and safety of patrons, employees and nearby residents;
(2) Protect adjacent properties from the adverse effects of drive-through operations, including noise, light and traffic which adverse effects have significantly increased due to technology upgrades in both lighting and sound systems; and
(3) Prohibit the placement of drive-through establishments in locations which could be hazardous to children and pedestrians.
(b) Definitions.
(1) For purposes of this section, “drive- through establishment” means any business establishment which engages in the retail sale of products through a drive-through window or other device to motorists in their vehicles.
(2) For purposes of this section, “bypass lane” means a lane allowing motor vehicle traffic to enter and exit the site without using the drive-through lane.
(c) Location. To prevent conditions hazardous to pedestrian children, no drive-through establishment shall be erected on any lot that abuts an elementary or junior high school, park, playground or public library.
(d) Lane Requirements.
(1) All drive-through establishments shall have no fewer than the following number of off-street stacking spaces for customer vehicles in each drive- through lane at the locations indicated:
Number of Spaces
|
Required Between: (location) | and: (location) |
5 | Entrance Street a | First Station b |
2 e | First Station b | Last Station c |
1 | Last Station c | Exit Street d |
a The right-of-way of the street from which vehicles enter the drive-through lane. b The drive-through station abutting each drive- through lane closest to the entrance to the such lane from the street. c The drive-through station abutting each drive- through lane closest to the exit from such lane to the street. d The right-of-way of the street onto which vehicles exit from the drive-through lane. e Requirement shall not apply to establishments having only one (1) drive-through station. | ||
(2) Drive-through establishments shall provide a bypass lane. This requirement shall not apply; however, to establishments designed to permit motor vehicle access only by using the drive-through facilities, such as double drive-through restaurants having no customer parking.
(3) All drive-through and bypass lanes shall have a minimum width of ten (10) feet and shall be striped or marked.
(4) Pedestrian routes between the entrances to the principal structure and any parking area or sidewalk which require the crossing of drive-through lanes shall either be avoided or shall be clearly identified to pedestrians and motorists by pavements markings or signage.
(e) Litter Control. The operator of a drive- through establishment shall keep the premises free of excess litter originating from the use and shall have refuse containers readily available for use by customers.
(f) Lot Size. Drive-through establishments shall have a minimum lot width of eighty (80) feet and a lot area of not less than twelve thousand (12,000) square feet.
(g) Abutting Residential Use. Drive-through establishments abutting any residential use shall conform to the applicable requirements of this division in addition to the other divisions of this section.
(1) No drive-through establishment shall cause or create any sound at any lot line of an abutting residential use that is greater than seventy (70) dBA.
(2) Drive-through establishments shall be landscaped and screened in conformance with Chapter 352 of the Codified Ordinances of Cleveland, Ohio, 1976.
(3) No drive-through establishment or any signage located on the site shall produce direct or indirect illumination greater than five-tenths (0.5) footcandles above the level of background effect at the boundaries of any residential use.
(4) Sources of light from a drive-through establishment shall be directed, shaded, shielded or otherwise arranged so as not to produce glare in an abutting residential use.
(5) No alley between a drive-through establishment and abutting residential use shall be used for circulation of customer traffic or as a bypass lane.
(6) Retail sales from drive-through lanes of a drive-through establishment abutting a residential use shall be prohibited from 9:30 p.m. to 6:00 a.m. daily.
(h) Application to Existing Drive-through Establishments. The Regulations contained in division (g) above shall apply to drive-through establishments that are legally existing as of the original date this section is enacted. These existing drive-through establishments rendered nonconforming by this section shall comply with the provisions of this section no later than May 1, 2000. The amendment to the Regulations in division (g)(6) as provided in Ordinance No. 78-14, which amendment changed the prohibited hours of operation from 11:00 p.m. to 6:00 a.m. to 9:30 p.m. to 6:00 a.m., shall not apply to drive-through establishments that are legally existing as of the effective date of Ordinance No. 78-14.
(Ord. No. 78-14. Passed 6-9-14, eff. 6-12-14)