ARTICLE 11.5. RESIDENTIALLY ADJACENT USES

10-1-1150: RESIDENTIALLY ADJACENT PROPERTY AND USES: PURPOSE AND APPLICABILITY:

A.    The purpose of this Article is to ensure that commercial and industrial uses do not cause adverse impacts on adjacent properties and residents or on surrounding neighborhoods due to customer and employee parking demand, traffic generation, noise, light, litter or cumulative impact of such demands in one area.

B.    The requirements of this Article apply to all residentially adjacent commercial and industrial property.

C.    The operational requirements in Section 10-1-1154 shall also apply to commercial and industrial uses located in residential zones if such uses are located within 150 feet of any other residentially zoned property.

D.    Property and uses subject to the requirements of this Article must also comply with all other applicable requirements of this Chapter. It shall be unlawful for any person to commence or conduct any commercial or industrial use on a site that is within 150 feet of any residentially zoned property except in conformance with the requirements of this Article. [Added by Ord. No. 3503, eff. 12/26/98; Amended by Ord. No. 3557, eff. 10/28/00.]

10-1-1151: RESIDENTIALLY ADJACENT USES - CONDITIONAL USE PERMIT REQUIRED FOR NEW LATE NIGHT BUSINESS AND NEW OUTDOOR SPEAKERS:

A.    No new establishment that is residentially adjacent may conduct Late Night Business unless a Conditional Use Permit for such activity during those hours has been granted.

B.    No residentially adjacent establishment that was not legally engaged in Late Night Business on 12/26/98 may commence Late Night Business unless a Conditional Use Permit for Late Night Business has been granted.

C.    No residentially adjacent establishment may increase or extend the hours that it conducts Late Night Business for any period of time during Late Night Hours unless a Conditional Use Permit for Late Night Business during such hours has been granted.

D.    No residentially adjacent establishment engaged in Late Night Business may increase the amount of floor area of such establishment unless a Conditional Use Permit for the additional floor area has been granted.

E.    The right or permission to conduct Late Night business includes the right to conduct Late Night Operations.

F.    No residentially adjacent establishment may install exterior speakers for taking orders, making announcements, playing music, or other purposes, unless a Conditional Use Permit for such exterior speakers has been granted. Any exterior speakers shall be designed, located, and directed so as to minimize noise impacts on adjacent residential property. The applicant must submit an acoustical study, prepared by a licensed acoustical consultant, with the Conditional Use Permit application. [Added by Ord. No. 3503, eff. 12/26/98.]

10-1-1152: RESIDENTIALLY ADJACENT USES - ADMINISTRATIVE USE PERMIT REQUIRED FOR NEW LATE NIGHT OPERATIONS:

A.    No new residentially adjacent establishment may conduct Late Night Operations unless an Administrative Use Permit for Late Night Operations has been granted.

B.    No residentially adjacent establishment that was not legally engaged in Late Night Operations on 12/26/98 may commence Late Night Operations unless an Administrative Use Permit for Late Night Operations has been granted. [Added by Ord. No. 3503, eff. 12/26/98.]

10-1-1153: RESIDENTIALLY ADJACENT USES - DEVELOPMENT STANDARDS FOR NEW CONSTRUCTION:

It shall be unlawful for any person to erect or construct any building, structure or improvement, or any part thereof, on a residentially adjacent site unless all of the following conditions are met:

A.    GLARE AND REFLECTIONS.

Building elevations facing a residential zone with 50 percent or more of the building surface in glass shall be limited to a maximum of 15 percent reflectivity for those materials. Building elevations facing a residential zone with less than 50 percent of surface in glass shall be limited to a maximum of 20 percent reflectivity for those materials.

B.    MECHANICAL VENTING.

No mechanical venting shall face a residential zone, unless such mechanical venting is more than 300 feet from the nearest residentially zoned property. Further, no mechanical venting shall be located anywhere on the building within 50 feet from the nearest residentially zoned property.

C.    REFUSE BIN LIDS.

All commercial and industrial refuse bins shall be equipped with nonmetallic lids, which shall remain closed at all times except when refuse is being deposited or emptied. [Added by Ord. No. 3503, eff. 12/26/98.]

10-1-1154: RESIDENTIALLY ADJACENT USES - OPERATIONAL REQUIREMENTS FOR ALL BUSINESSES.

It shall be unlawful for any person to conduct or commence any commercial or industrial use within 150 feet of any residentially zoned property, except in conformance with the following requirements:

A.    WASTE DISPOSAL.

1.    Organic materials shall not be deposited into a refuse bin located outside of an enclosed structure on private property or on a public right-of-way that separates a commercial or industrial property or use from adjacent residentially zoned property unless such refuse is sealed in bags.

2.    Refuse bins shall not be moved in a public right-of-way that separates the commercial or industrial property or use from adjacent residentially zoned property during Late Night Hours.

3.    All restaurants that are within 150 feet of a residential zone shall maintain their refuse bins so as to prevent the creation of objectionable odors.

B.    RESPONSIBLE PERSON.

The name and telephone number of a person who will be available during the operational hours of the business to address any problems with the subject establishment shall be posted in a conspicuous place on the exterior of the building housing the establishment. The contact person shall be the business owner, business manager, or other similar person who has sufficient authority over the business 24 hours a day to address problems that may disturb neighbors.

The phone number of the City’s Community Assistance Coordinator shall also be posted in a conspicuous place on the exterior of the building housing the establishment to provide notice to persons who wish to register complaints with the City regarding violations of this Code.

C.    NO CONGREGATING.

For the purpose of noise abatement in residential zones, no person conducting a commercial or industrial use on a site that is within 150 feet of any residentially zoned property shall permit the employees, agents, associates, or contractors of the nonresidential use to congregate behind the structure containing the nonresidential use, or in any open area or public right-of-way that separates the property containing the nonresidential use from adjacent residentially zone property, during Late Night Hours.

D.    NO TESTING VEHICLES.

No testing or test-driving of vehicles on residential streets is permitted.

E.    APPLICABILITY TO PORTION OF PROPERTY.

The requirements of this Section shall apply to all property where a commercial/industrial use is being conducted even if only a portion of such property is within 150 feet of residentially zoned property; provided however, that subsections (A) and (C) of this Section shall not apply to any portion of the property that is more than 300 feet from the nearest residentially zoned property. [Added by Ord. No. 3503, eff. 12/26/98.]