16.323 LATE NIGHT BUSINESS OPErATIONS

E. Parking Area Design and Siting.

1. Location of parking areas. Surface parking lots shall be distributed around the building or buildings on not less than 2 sides in order to reduce the distance among buildings. Parking shall not be located between buildings and any primary street. When the Large-Format Retail

Store is located in a shopping center with other buildings, parking lots shall be located to provide users with maximum access to other building within the shopping center without moving their vehicles either behind or to the side of buildings. 2. Size of parking areas. In order to reduce the scale of parking areas, no single parking area shall exceed 200 spaces unless divided into 2 or more sub-areas separated from each other by landscaping, access drives or public streets, pedestrian walkways, or buildings. 3. Pedestrian walkways. Safe and clearly defined pedestrian walkways, leading to store entrances, shall be provided within large parking lots. 4. Buffering parking areas. Additional landscaping, buffering and pedestrian walkway connections will be required if more than 65 percent of the total off-street parking spaces is located between the front façade of the principal building and the primary street abutting the site. 5. Cart Corrals. Adequate, convenient cart corrals shall be provided near building entrances and throughout the parking areas.

16.323.01 PURPOSE AND APPLICABILITY

To protect the health and safety of the public, any business operating between the hours of 12 midnight and 6 a.m. are subject to the requirements of this Chapter in addition to any other regulations applicable to the type of establishment and the applicable requirements of the district where the business is located.

16.323.02 REQUIREMENTS

A. Major Use Permit Required. All Late-Night

Business Operations, located within 300 feet of a residential use or zoning district, and commenced on or after the effective date of the Zoning Code, shall require a Major Use Permit, as prescribed in

Chapter 16.606, Minor and Major Use Permits. B. All Late-Night Business Operations, located within 300 feet of a residential use or zoning district, and commenced before the effective date of the Zoning

Code, shall be considered Non-conforming and shall be subject to the Chapter 16.105, Non-conforming uses. The following business establishments are exempt from the requirements of this Section:

1. Hospitals, medical clinics, and convalescent homes, 2. Ambulance services, 3. Facilities operated by a government agency, and 4. Any business which has a valid Major Use Permit.

16.323.03 LATE NIGHT ALCOHOL SALES OR SERVICE

A. Any retail or eating or drinking establishment that sells or serves alcohol after 12 midnight shall require a Major Conditional Use Permit, as prescribed in

Chapter 16.606, Minor and Major Use Permits. B. In deciding whether to issue a Major Use Permit, the Planning Commission shall consider the impacts of any discretionary land use that is already subject to a Major Use Permit and that also proposes to engage in late night alcohol sales and/or service. C. The Planning Commission, in considering the impacts of late-night alcohol sales and service, may approve, conditionally approve, or deny late night alcohol sales and service as it deems necessary to, manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.