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1. For properties abutting R-1, R-lA and R-2: Sunday — Thursday 7:00 AM — 9:00 PM and Friday — Saturday 7:00 AM — 10:00 PM, 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. Iturther, the Planning Commission and City Council reviewed the proposal in accordance � th the following Special Use Permit conditions of Zoning Code Section 8-130: �.j 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. 11.I 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. d. 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 i district. cj That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. �. That the special use shall in all other respects conform to the applicable regulations of the j district in which it is located. 7. 1 be Planning Commission and City Council found all Special Use Permit criteria of Sections -020(10) and See ion 8-130 to be met. 8. ne Planning Commission and City Council considered the proposed Nonconforming Use rmit in accordance with Zoning Code Section 8-460, which regulates Type 4 nconformities and requires one of the following criteria to be met: The total number of nonconformities is reduced. bi The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. The extent of any nonconformity is reduced where practical. 9. a Planning Commission and City Council found the criteria of Section 8-460 to be met as (ile nonconformity will be removed and the other are not practical to remove at this time. Now HEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for a Spccial Use Permit (SP2010-010) and Nonconforming Use Permit (NC2010-005) are hereby approved, subject to the following conditions: 1. A rear yard parking lot setback of 5' is met. 2.e drive-thru use is limited to the sale of primarily dessert and beverage related items and eludes the frying, boiling, and grilling of foods. 3. crosswalk is painted from the 10 parking stalls at the south end of the site, north towards e front door to provide a safe pedestrian crossing across the drive-thru lane. 4. a menu board shall be directed south/southwest to ensure it isn't audible from adjacent sidential properties. Dnelopment\11-23-20 WSP2010-010, NC2010-005 (Fitch) - RESOLUrION.doc