The regulations contained in this chapter shall apply to all new drive-in and drive-through sales and service facilities as defined in Chapter 17.98 (Glossary of Terms) and shall be in addition to any other development standards and regulations contained elsewhere within the Zoning Code (e.g., lighting). Where allowed by Article II. (Zoning Districts, Allowed Uses, and Development Standards), drive-through facilities shall comply with the requirements of this chapter. (Ord. 2010-02 § 1 (part), 2010)
A. Conditional use permit required. Pursuant to Article II. (Zoning Districts, Allowed Uses, and Development Standards), a conditional use permit is required for all drive-in and drive-through sales and services. The conditional use permit process is outlined in Section 17.12.140 (Conditional Use Permit).
B. Required Findings. In addition to standard conditional use permit findings, all of the special findings below shall be made in order for the designated approving authority to approve a conditional use permit for drive-in or drive-through sales and service facilities.
1. The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property.
2. The design and location of the facility and lane will not impede access to or exit from the parking lot serving the facility nor impair normal circulation within the parking lot.
3. The design and location of the facility will not create a nuisance for adjoining properties.
C. Conditions of Approval. In addition to any other conditions which may be imposed by the approving authority, any conditional use permit issued pursuant to this chapter shall include the following condition. If congestion attributable to the drive-in or drive-through facility is verified to occur in more than three (3) separate incidents by a city staff person such that it negatively impacts traffic flow on public streets, such congestion shall be grounds for revocation or modification of the conditional use permit, consistent with Section 17.10.120 (revocation of previously approved entitlement). (Ord. 2010-02 § 1 (part), 2010)
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