Title 18 - Unified Development Ordinance

18.280.050 Development and Performance Standards

1. A.
   Drive-in and drive-through service may be provided at any establishment. The location and design of any drive-in or drive-through facility shall be such that potential adverse effects on adjacent property are minimal or nonexistent, and the Planning Commission or Governing Body may attach conditions to any development approval for a drive-in or drive-through facility relating to the configuration, design or operation of the facility intended to lessen potential adverse effects. All property for which drive-in or drive-through service is provided shall be zoned CP-3 and shall be subject to the following limitations:

   1. 1.
      No order box, order window, payment window, pickup window, drive-in service stall or similar point of interaction for the drive-in or drive-through facility shall be located within 200 feet of any residentially zoned property. Provided, however, that the distance restriction above may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned land is not designated on the Future Development Plan as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission and/or Governing Body shall consider, but not be limited to, the following factors:

      1. a.
         The likelihood that the residentially zoned property will be developed for a residential use or will continue to be utilized for a residential use in the foreseeable future.
      2. b.
         The degree to which the current or anticipated use of the residentially zoned property is likely to be sensitive to or affected by the noise, headlight glare, exhaust fumes and litter that may result from the operation of the drive-in or drive-through facility.
      3. c.
         The degree to which the property containing the drive-in or drive-through facility also contains or is proposed to contain landscaping, fencing, berming, and/or other buffering techniques to lessen the impact of the drive-in or drive-through facility on the residentially zoned property.
      4. d.
         The degree to which the residentially zoned property has a site configuration, a building design or other physical features which would lessen the impact of the drive-in or drive-through facility on the residentially zoned property.
   2. 2.
      See 18.430.140 for stacking requirements. 
2. B.
   Any manufacturing or assembly of products shall be entirely within a totally enclosed building.
3. C.
   No smoke, radiation, vibration or concussion, or heat shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.
4. D.
   Outdoor lighting - See 18.435.
5. E.
   Merchandise which may appropriately be displayed or stored outside a building shall be kept off public sidewalks and streets and shall not reduce the capacity of a parking lot below that required by this title. Automobiles and trucks for sale may be stored or displayed outside a building, but not within 10 feet of a street right-of-way, nor within 6 feet of a side or rear lot line.
6. F.
   Prior to issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.
7. G.
   In addition to the other applicable provisions of the Code, any new car or used car dealership south of Interstate 435 shall only be allowed in a planned zoning district. The perimeter of such dealership use shall be clearly defined on the preliminary development plan.

   1. 1.
      All structures and parking lots associated with such dealership use shall meet the following setback and separation requirements based on the Comprehensive Plan designation of the adjacent property:

1.   
   2. 2.
      No required setback area shall be used for vehicle display. Vehicle display areas shall be identified on the preliminary and final plan. A single elevated vehicle platform shall be permitted for each dealership if it is constructed of landscape materials or building materials consistent with the construction of the building. The maximum allowable height shall be 6 feet. In no event shall vehicle display areas or platforms rotate or move in any manner.
   3. 3.
      The preliminary and final plan shall identify areas for vehicle loading and unloading. In the case of three or more car dealerships in a unified development, a common area for vehicle loading and unloading may be identified.
   4. 4.
      The site plan shall designate parking spaces for employees, customers and for cars being serviced on-site. Such parking shall be provided at the ratio of 4 spaces per 1,000 square feet of building area and shall be landscaped according to Section 18.450.070.
   5. 5.
      Service areas shall be located internally and garage doors shall be oriented so they do not face any area designated on the Comprehensive Plan for residential uses unless screened by a solid masonry wall.
   6. 6.
      The use of loud speakers or other exterior amplification devices shall be prohibited.
   7. 7.
      Landscaping shall be provided at the rate of 4 trees per 1,000 square feet of landscaped open space, excluding setbacks along any street frontage. For street frontages, 1 tree for every 40 feet of public or private street frontage shall be provided. A screening fence shall be provided as required by 18.450.100D. The location and design of all security fences, bollards, gates, etc. for individual dealerships are subject to review and approval at the time of final plan approval.
   8. 8.
      Flagpoles shall be limited to a maximum height of 30 feet as measured from grade.

(History: Ord. No. ZRR-3447 §18, 2024; Ord. ZRR-3416 §21, 2023; Ord. ZRR-3373 §31, 2023; Ord. ZRR-2285 §12, 2001; ZRR-2160 §2, 99; ZRR-1956 §2, 96; ZRR-1725; ZRR-1635; ZRR-1429 §7; ZRR-1148 §5; ZRR-889 §18.28)

Effective on: 1/1/1901