Page 33 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-3. USeS

Other Use Category

50% = at least 50% of the gross receipts must be derived from the together with such additional special conditions
sale of prepared food and food services. as may be reasonably required by the board of
25% = no more than 25% of the gross receipts from sales from adjustment to ensure that the conditional use review
the premises may be derived from the sale of alcoholic liquor, approval criteria of paragraph B of this subsection,
wine or beer. are satisfied:
75 = the premises occupied by such use must be separated by at
least 75 feet from any church, school, public park or licensed child 1. Any parking area provided for the use of
care facility as defined by I.C. ch. 237A. However, this condition is customers of the business must be illuminated
not applicable in the DX1, DX2, and DXR districts. at an intensity of at least one footcandle of light
150 = the premises occupied by such use must be separated by on the parking surface at all times. The entire
at least 150 feet from any church, school, public park or licensed site must be landscaped and illuminated so as
child care facility as defined by I.C. ch. 237A. However, this condi- to minimize hiding places for possible criminal
tion is not applicable in the DX1, DX2, and DXR districts. activity.
500 = the premises occupied by such use must be separated by 2. The business shall comply with the noise control
at least 500 feet from any church, school, public park or licensed regulations of article IV of chapter 42. Outside
child care facility as defined by I.C. ch. 237A. However, this condi-
tion is not applicable in the DX1, DX2, and DXR districts. speakers and amplified sound is prohibited
1,320 = the premises occupied by such use must be separated except when used in compliance with a type E
by at least 1,320 feet from any other controlled use engaged in sound permit.
the sale of alcoholic liquor. In the DX1, DX2, and DXR districts, this 3. Any such business must comply with the
condition is only applicable to liquor stores. following requirements:
B. conditional Use Approval criteria a. Every limited food sales establishment,
Conditional use approval is required for the use limited retail sales establishment, gas
of a premises for the sale of alcoholic liquor, wine station/convenience store and tobacco
or beer, under the circumstances identified in store shall display alcoholic liquor only in a
indicated in Table 3.8-1. The board of adjustment locked case or behind a counter accessible
is authorized to grant conditional use approval for only to employees. Any other business
such uses only when the business, operated in selling alcoholic liquor for off premises
conformance with such reasonable conditions as consumption shall either:
may be imposed by the board, satisfies the following
criteria: i. Display alcoholic liquor only in a locked
1. The business conforms with the conditions case or behind a counter accessible
only to employees;
identified in indicated in Table 3.8-1.
2. The proposed location, design, construction ii. Employ an electronic security cap or
tag system on all containers of alcoholic
and operation of the particular use adequately liquor on display; or
safeguards the health, safety and general
welfare of persons residing in the adjoining or iii. Have more than one employee on duty
surrounding residential area. at all times the business is open to the
3. The business is sufficiently separated from public.
the adjoining residential area by distance, b. Conspicuously post 24-hour contact
landscaping, walls or structures to prevent information for a manager or owner of the
any noise, vibration or light generated by the business near the main public entrance.
business from having a significant detrimental c. Institute a strict no loitering policy,
impact upon the adjoining residential uses. conspicuously post one or more “No
4. The business will not unduly increase congestion Loitering” signs, and cooperate with police in
on the streets in the adjoining residential area. addressing loitering on the premises.
5. The operation of the business will not constitute d. Not dispense alcoholic beverages from a
a nuisance. drive-through window.
c. General conditions. Any conditional use approval 4. Litter and trash receptacles shall be located
granted by the board of adjustment for the use of at convenient locations inside and outside the
a premises for the sale of alcoholic liquor, wine and premises, and operators of such business shall
beer is subject to the following general conditions, remove all trash and debris from the premises

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-3-17