Existing C-2 zoning permits restaurant and café uses with drive-through service through Maricopa County’s Plan of Development process. Accordingly, the property is being offered as a drive-through-entitled commercial pad; a new use entitlement is not required merely to operate a drive-through restaurant or coffee concept.
The primary drive-through-specific issue identified for the southern pad concerns the speaker-equipped ordering board. The current County ordinance generally requires a menu board containing speakers to remain at least 200 feet from Rural or Residential zoning. However, the ordinance now expressly authorizes the Zoning Inspector or designee to grant an administrative exception when appropriate soundproofing or sound-absorption measures demonstrate that the speaker system will not create a nuisance.
A prospective operator would still submit its project-specific site plan for customary review of parking, queuing, circulation, drainage, utilities, access and building design. Those development reviews should not be confused with obtaining permission for the underlying drive-through use.
The current ordinance supports this distinction: restaurants and cafés with drive-through service are permitted through a POD, while the 200-foot rule specifically regulates menu boards containing speakers and provides an administrative exception. Maricopa County Zoning Ordinance, §§603.2 and 1103.2.4
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