Chapter 18.46
- Formula Business Regulations
Sections:
18.46.040 Required Findings for Approval
18.46.060 Prohibited Formula Business Uses
18.46.010 Purpose
The purpose of this Chapter is to promote and maintain the City’s unique small town character, the diversity and vitality of the City’s commercial districts, and the quality of life for its residents and visitors. It is presumed that establishing or preserving a balanced mix of local, regional and national-based businesses will more effectively serve to achieve this purpose as a strategy to maintain and improve the economic health of the City’s business districts and the small one-of-a-kind ambiance.
(Ord. 970, § 3, passed 09-13-2021)
18.46.020 Definitions
The specialized and technical terms and phrases used in this Chapter are defined in § 18.100.020 (Definitions), under “Formula Business Regulations.”
(Ord. 970, § 3, passed 09-13-2021)
18.46.030 Regulations
A. A formula business establishment may be allowed in the commercial zoning districts with a Use Permit (UP).
B. Establishment of or exterior alteration of a formula business is subject to design review as set forth in § 18.71.050.
(Ord. 970, § 3, passed 09-13-2021)
18.46.040 Required Findings for Approval
In addition to the findings required by § 18.71.060(F) as prerequisite to the issuance of a Use Permit, the Planning Commission shall make all of the following findings prior to the issuance of a Use Permit for a formula business, unless the project is exempt in conformance with § 18.46.050:
A. The commercial establishment will add to, rather than detract from, the overall economic and cultural vitality of the City; and
B. The commercial establishment will not result in an over-concentration of formula business establishments in its immediate vicinity or in the City as a whole; and
C. The commercial establishment will complement existing businesses; and
D. The commercial establishment will promote diversity and variety to assure a balanced mix of commercial uses to serve both resident and visitor populations; and
E. The commercial establishment has been designed to preserve and enhance the City’s small town character; and
F. The commercial establishment’s exterior design limits “formula” architectural, sign and other components; and
G. The commercial establishment’s exterior design integrates existing community architectural design features.
(Ord. 970, § 3, passed 09-13-2021)
18.46.050 Exemptions
This Chapter shall not apply to:
A. Those land use applications approved prior to the adoption of the ordinance codified in this Chapter;
B. Construction required to comply with fire and/or life safety requirements;
C. Disability accessibility work;
D. A formula business that does not exceed 2,000 square feet of gross floor area, except those uses prohibited by § 18.46.060;
E. A formula business which, if approved, would not result in formula business(es) occupying more than 25% of the total gross floor area of a retail complex or mixed use project, except those uses prohibited by § 18.46.060;
F. A formula business which, if approved, would not result in formula business(es) occupying more than 35% of the total gross floor area of a mixed use project in which at least 35% of total gross floor area is a residential component, except those uses prohibited by § 18.46.060; or
G. Changes in ownership of existing formula businesses where there is no substantial change to the land use classification of the use, or in the mode or character of the operation.
Proposed development that qualifies as an exemption pursuant to subsection (D), (E), (F), or (G) of this Section is subject to design review as provided in § 18.71.050.
(Ord. 970, § 3, passed 09-13-2021)
18.46.060 Prohibited Formula Business Uses
A. Formula businesses are prohibited in the neighborhood commercial (CN) zoning district.
B. Formula business payday lending or check cashing commercial establishments are prohibited in all zoning districts.
(Ord. 970, § 3, passed 09-13-2021)
18.46.070 Burden of Proof
If the City determines that a permit application or permit is subject to this Chapter for a formula business, the permit applicant or holder bears the burden of proving to the City that the proposed or existing use does not constitute a formula business.
(Ord. 970, § 3, passed 09-13-2021)