§ 17.44.053  DRIVE-THROUGH OPERATIONS.
   (A)   Purpose.  The purpose of this section is to regulate and mitigate adverse conditions associated with establishments that provide a drive-through window within 100 feet of residential zones for the sale of food or merchandise in order to prevent the undesirable community impacts of such uses.
   (B)   Definition.  A DRIVE-THROUGH BUSINESS OPERATION shall mean any place, facility or business that sells, serves or gives away food or beverages for on-site or off-site consumption or sells or gives away merchandise via a drive-through window.
   (C)   Conditional use permit required.   Every drive-through business operation located within 100 feet of any residential zone as measured from all property lines of the subject property shall obtain a conditional use permit from the Planning Commission in accordance with the procedures set out in §§ 17.52.230 through 17.52.320 of this code. In addition, the following shall also obtain a conditional use permit.
      (1)   Notwithstanding Chapter 17.48 of this code, any business with a drive-through use established prior to the adoption of this section that ceases to operate for a period of 30 days or more.
      (2)   Any business with a drive-through use established prior to the adoption of this section or permitted under this section that requests a change in hours of operation of the drive-through window.
      (3)   Any business with a drive-through use established prior to the adoption of this section or permitted under this section that has a substantial change in mode or character of operation, such as an increase in the square footage of the building.
   (D)   Location of drive-through window.  The drive-through window shall be located on the same side as the driver’s side of the car.
   (E)   Conditions of approval.  In granting a conditional use permit, the Planning Commission may impose such conditions on the permit as the Commission deems necessary or proper to protect adjacent property and the public welfare from potential adverse impacts related to the drive-through business operation. Such conditions may include, without limitation, conditions that regulate the decibel levels produced by the outdoor speakers and conditions that regulate the queuing length of vehicles utilizing the drive-through window.
(`83 Code, § 17.44.053)  (Ord. 2001-05 § 4, 2001)