§ 155.130 CARRY-OUT, FAST-FOOD, DRIVE-THROUGH OR DRIVE-IN RESTAURANTS.
   (A)   No drive-in, fast food, or carry-out restaurant, as measured from the nearest property line shall be located within 500 feet from an elementary, junior or senior high school or from a public park.
   (B)   All provisions of §§ 155.071 through 155.082, General Development Standards, shall be complied with unless notified in this section.
   (C)   Points of vehicular ingress and egress shall be limited to an adjacent major thoroughfare only and site plans shall be reviewed by the Planning Commission for location and design of curb cuts and driveways and for layout of parking lots.
   (D)   The minimum width of driveways at the property line shall be 24 feet and not greater than 30 feet.
   (E)   The minimum distance of any driveway to a property line shall be 20 feet.
   (F)   The minimum distance between driveways on the site shall be 75 feet measured from the two closest driveways’ curbs.
   (G)   The minimum distance between a driveway and a street intersection shall be 60 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
   (H)   Businesses adjacent to or integrated in a shopping center on cluster of commercial facilities shall use the common access with other business establishments in that center.
   (I)   The entire parking area shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained in accordance with city engineering standards. Any unpaved area on the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved parking or driveway area by a raised curb or other equivalent barrier.
   (J)   Concrete curbing, six inches in height, shall be properly placed and maintained along or parallel to all property lines, except where bumper guards are required and except across an approved driveway, so as to prevent vehicular encroachment onto or over the public right-of-way and to prevent vehicular encroachment onto or over the adjoining property, or vehicular damage to the adjoining buildings.
   (K)   Food consumption upon the premises outside the fast-food and carry-out restaurant building shall be prohibited unless permanent outside facilities are provided. The premises shall be properly posted with signs stating that the consumption of foods, frozen desserts or beverages within vehicles parked upon the premises is unlawful and that violators are subject to fines as prescribed by law. A minimum of two such signs shall be posted within the building near the checkout counter of the restaurant and a minimum of four such signs shall be posted within the parking area so as to be clearly visible from all vehicles on the premises.
   (L)   All outside trash receptacles, except those intended for use by the customer, shall be located within an enclosure constructed or opaque masonry materials a minimum or four feet and a maximum or six feet in height and shall be provided with opaque gates or the same height.
   (M)   During the period when a drive-in restaurant, fast-food restaurant, or carry-out restaurant is vacated, closed, or otherwise not opened for business for more than 30 consecutive days, the owner, franchise holder, or lessee shall be subject to complying with the following regulations:
      (1)   Vehicular parking and storage shall be prohibited at all times anywhere on the premises. The owner, franchise holder, or lessee shall post a sign or signs on the premises, giving notice that all parked or stored vehicles are subject to ticketing and removal by the city at the vehicle owner’s expense. In addition, the owner, franchise holder, or lessee, whoever is in possession, is subject to ticketing if unlawful parked or stored vehicles are permitted on the premises by consent of the owner, franchise holder, or lessee. The city shall have the right of entry to subject property for the purpose of accomplishing said ticketing and removal.
      (2)   The ground shall be kept free of rubbish and debris, and the grass, if any, shall be well kept and cut as necessary so as to present a neat and attractive appearance at all times.
      (3)   Within 50 days of such closing, all curb cuts across driveway entrances and all other points of ingress and egress to the premises shall be closed to vehicular traffic by properly placed and secure precast concrete wheel-stops or the equivalent, as may be approved by the city.
   (N)   A six-foot high completely obscuring wall shall be provided where abutting any residentially zoned district. The height of the wall shall be measured from the surface of the ground. Said wall shall further meet the requirements of § 155.074, Walls.
(Ord. 792, passed 12-3-01)