(A) Except as provided in subsection (C) below, it shall be unlawful to load or unload commercial vehicles between the hours of 11:00 p.m. and 6:30 a.m.
(B) A vehicle which has been cited under this section may be towed by the City Police Department if the owner refuses to move the vehicle or if the owner cannot be located or if the vehicle is incapable of being moved under its own power.
(C) Subject to Chapter 96, the loading and unloading of commercial vehicles is permitted at any time of the day or night in M-1, M-1B, M-2, M-3, M-4, or M-5 Industrial Districts, provided:
(1) The loading/unloading dock or area or any portion thereof is a minimum of 150 lineal feet from any residential property, regardless of zoning category; or
(2) If the distance from the loading/unloading dock or area or any portion thereof is less than 150 lineal feet from any residential property, the applicant may seek Planning and Zoning Board approval, as follows:
(a) Site plan. Pursuant to § 155.395, the applicant shall submit to the Planning and Zoning Board a site plan or site plan amendment specifying the hours of loading and unloading, and the vehicle routes to and from the site.
(b) The site plan or site plan amendment shall specify the location and type of sound-muting wall, which shall be constructed in accordance with the requirements of this code.
(c) The Planning and Zoning Board shall review the site plan or site plan amendment and determine that activities occurring on site will not negatively affect surrounding residential properties.
(d) In determining that the additional hours and vehicle activity will not negatively affect residential areas, the Planning and Zoning Board may condition approval of expanded loading and unloading hours at its discretion, including but not limited to restricting traffic routes used by the applicant or business or by requiring additional buffering, landscaping, walls, or berms.
('69 Code, § 12-18) (Ord. 318, passed 3-5-73; Am. Ord. 956, passed 5-15-91; Am. Ord. 1440, passed 5-7-03) Penalty, see § 72.99