Ordinance 3002-07 - Laserfiche WebLink

(4) No additional curb cuts are permitted for the nonresidential use(s). (5) The sale of alcoholic beverages is prohibited. b) Sale of alcoholic beverages other than beer or wine is prohibited in the B-1 zone. Establishments selling beer and/or wine in the B-1 zone shall derive not more than twenty-five percent of their gross sales volume from alcoholic beverages. c) Restaurants with drive-up windows are not permitted in the B-1, B-2(B), B-3, W-C, M-S, M-M, or M-1 zones. d) In the M-M and M-1 zones, restaurants are permitted only in multiple-tenant buildings in which nonrestaurant uses occupy at least seventy-five percent of the gross floor area of the total building. (1) In the B-2(B) zone, restaurants may be contained in and exclusively occupy freestanding structures which take up to, but no more than, sixty-six percent of the total gross floor area of the building(s) on the site where they are located. A site plan for the entire site shall be approved when a restaurant is proposed. Said plan shall show all uses, locations and landscaping. (2) Where freestanding restaurants are sited in the B-2(B)zone in conjunction with office building(s) either at the same time or not, and when the affected site abuts residentially zoned lots, the outside wall(s) of the office building(s) shall be placed as near to the residentially zoned lots as applicable provisions of this code allow. The restaurant use shall be located next to the street and/or away from residentially zoned lots. (3) Where one or the other permitted uses is not to be constructed under the provisions of a permit application, the remaining "vacant" portion, where the future use will be located, shall be provided with Type IV"stabilizing" landscaping. That portion of the perimeter landscaping abutting residentially zoned lots, where they occur, shall be Type III landscaping of the appropriate category. In all cases, site-obscuring fencing, not including chain link, shall be used when abutting residentially zoned lots. e) Restaurants with dancing or live entertainment are not permitted in the B-1 or B-2(B) zones. f) A restaurant with live music and/or dancing is not permitted within one hundred feet of lots located in residential zones. g) Restaurants with drive-up service windows shall meet the following standards: (1) Drive-up service windows shall not be located less than fifty feet from lots located in residential zones. (2) Drive-up order placing stations shall be located not less than one hundred feet from lots located in residential zones. (3) There shall be one outdoor waste receptacle provided for each eight parking spaces. (4) Holding lanes for drive-up order placing stations shall provide room for a minimum of eight vehicles and shall be located a minimum of one hundred feet from lots located in residential zones. (5) Delivery and loading areas shall be located so as not to interfere with drive-up window traffic or off-street parking areas. (17) A tavern or night club with live music and/or dancing is not permitted within one hundred feet of lots located in residential zones. Adult cabarets as defined in the zoning code shall not be permitted within the area defined in Map 5.1. (17A) The following regulations shall apply to mini-casinos: a) The space devoted to gambling and gaming activity and support services (i.e., security) shall not be more than eight thousand square feet. Other incidental uses such as restaurant or nightclub uses shall not be restricted by the eight thousand square feet limitation if no gambling or gaming activity occurs within such space. b) It shall be located in: (1) A freestanding building; or (2) A unit in a larger development; provided, that the mini-casino is separated from all other uses by a lobby or similar open space or common area from adjacent units in the development, and that there are no other mini-casinos located within six hundred feet of the exterior walls of the building in which the mini-casino is located. c) Mini-casinos shall not be permitted in the C-1 R zoned area located east of Colby Avenue, north of 44th Street and south of 40th Street. Mini-casinos are also not permitted within the area defined in Map 5.1 of Chapter 5. (18) See Section 39.025 for regulations pertaining to adult use businesses. (19) Breweries and wineries shall be prohibited within three hundred fifty feet of lots located in residential zones and schools unless an air quality study completed by a qualified expert shows the use will not result in significant odor impacts in the residential school area. 23