(A) An eating establishment may provide twenty four (24) hour drive-through service. However, drive-through service shall only be operated from six o'clock (6:00) A.M. until eleven o'clock (11:00) P.M. when the eating establishment is in close proximity to residential property. An eating establishment is considered in close proximity to residential property when the following conditions are met:
1. The eating establishment's lot is contiguous to a residentially zoned lot so as there is an actual, physical connection between the lots with nothing separating them such as a public right of way or another parcel. (A detention basin in an outlot servicing the eating establishment is considered part of the eating establishment's lot.); and
2. The eating establishment's structure and the residential structure are within two hundred fifty feet (250') of each other. The term "structure" includes an actual building and/or drive-through facility.
(B) One year from and after the effective date hereof, all existing drive-through facilities associated with an eating establishment shall comply with this section. (Ord. 0-11-06, 3-20-2006)