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2. For properties abutting all other zoning districts: Sunday — Thursday 6:00 AM — 11:00 PM and Friday — Saturday 6:00 AM —12:00 PM. The City Council may impose different hours of operation based upon specific characteristics of adjacent and nearby uses. i. Any menu/ordering signage interior to the site with an intercom shall not be audible from residentially zoned property and if illuminated shall be directed away from residentially zoned property. j. Fencing and or landscaping may be required to shield head -light illumination from adjacent and nearby areas. 6. Further, the Planning Commission reviewed the proposal in accordance with the following Special Use Permit conditions of Zoning Code Section 8-130: a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. b. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. 7. The Planning Commission found all Special Use Permit criteria of Sections 11-020(10) and Section 8-130 to be met. 8. The Planning Commission considered the proposed Nonconforming Use Permit in accordance with Zoning Code Section 8-460, which regulates Type 4 nonconformities and requires one of the following criteria to be met: a. The total number of nonconformities is reduced. b. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. c. The extent of any nonconformity is reduced where practical. 9. The Planning Commission found the criteria of Section 8-460 to be met as one nonconformity will be removed and the other are not practical to remove at this time. Now THEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for a Special Use Permit (SP2010-010) and Nonconforming Use Permit (NC2010-005) are hereby recommended to the City Council for approval, subject to the following conditions: 1. A rear yard parking lot setback of 5' is met. 2. The drive-thru use is limited to Dairy Queen/Orange Julius. 3. A crosswalk is painted from the 10 parking stalls at the south end of the site, north towards the front door to provide a safe pedestrian crossing across the drive-thru lane. 4. The menu board shall be directed south/southwest to ensure it isn't audible from adjacent residential properties. I:\COMMISSIONS\PLANNING\Reports\2010\11-16-2010\SP2010-010, NC2010-005 (Fitch) - RESOLUTION.doc 2