§ 8. Use limitations.

(1)

No outdoor storage or permanent outdoor display or sale of items such as, but not limited to, merchandise, equipment, fixtures, vehicles and materials is allowed except as provided by the approving ordinance. Temporary display and/or sale to the public during operating hours shall be permitted on the premises provided that the display does not block sidewalks, driveways, parking lots, roadways, etc., does not interfere with vehicular and pedestrian circulation, is only conducted on the sidewalk adjoining the unit occupied by the business conducting the sale and does not create a public nuisance. Nothing contained herein shall prohibit the outdoor sale, display or storage of merchandise that may be otherwise allowed by the underlying zoning or an approved SUE unless specifically prohibited by the governing ordinance.

(2)

All uses allowed by right or by special use exception in the underlying district may be allowed by right in the MRD provided it is approved pursuant to the POD process, the use is specifically listed in the approving ordinance and any applicable site limitations or requirements are met.

(3)

Any development containing drive through facilities shall be subject to the following conditions and restrictions:

(a)

Sufficient space to allow queuing for a minimum of 15 vehicles (22-foot spaces) shall be provided from the order pick up location to ensure that public right-of-way or driveway areas will not be blocked. An escape lane shall be provided for each order box and drive-through window.

(b)

No order box or pick up window shall be located within 75 feet of any residentially zoned or occupied property; provided however, that the 75-foot distance may be decreased by 25 percent if the residentially zoned or occupied property is classified as any nonresidential category on the future land use map of the 2007 Comprehensive Community Plan.

(c)

A solid screening fence or wall is required between any property used for a drive-through facility and any adjoining residentially zoned or occupied property. Such screening shall provide a 100 percent visual screen to a height of 6 feet. Associated landscape areas shall be a minimum of 25-foot wide and shall be landscaped in accordance with the requirements of the parking lot landscape requirements (subsection (3)) of section 8 the NRD regulations.

(d)

Each applicant requesting a drive through facility shall be required to furnish the city with an assessment of traffic impacts, unless the study is waived by the city planner. Such study shall be conducted by a traffic engineer or individual certified by training or experience to conduct such studies with the cost for the study to be paid by the developer.

(4)

Any development containing a vehicle washing facility shall be subject to the following conditions and restrictions:

(a)

Car washing facilities shall be a minimum of 100 feet from the nearest residential zoning district or use.

(b)

A noise assessment study completed and sealed by an acoustical engineer or other professional certified by experience or training to prepare such a study shall be conducted. Such study shall certify that the proposed facility will meet all applicable city and county sound level standards.

(c)

Hours of operation shall be 8:00 a.m. to 9:00 p.m. or as authorized by approval of the governing ordinance.

(d)

Car wash facilities shall be shown to have no negative impact on the level of service (LOS) of any adjoining roadway segment or intersection within 500 feet of the building housing the carwash, as determined in a study prepared by a traffic engineer.

(e)

Sufficient space to allow queuing for a minimum of 15 vehicles (22-foot spaces) shall be provided between the vehicular entrance of the car wash building and the adjoining public right-of-way or driveway areas to assure that such way will not be blocked. An escape lane shall also be provided.

(5)

The type, number, and location of all entrances, exits, and circulation patterns on any site containing a car wash shall be clearly delineated on the site development plan.

(Ord. No. 09-03, § 1, 1-12-09)