40.260.055    Coffee and Food Stands

A.    Purpose.

    The purpose of this section is to provide for small coffee and food stands, which are often a transitional use on underdeveloped sites, or additions to sites that are already developed, but have available space.

B.    Applicability and Exemptions.

1.    Coffee and food stands that are either parked or placed on a semi-permanent basis may be allowed in all commercial, urban holding, and employment zones, subject to the following:

a.    Each stand is limited to two hundred (200) square feet;

b.    A maximum of six (6) coffee and/or food stands are allowed per these standards per development site;

c.    Only one (1) stand is allowed to have drive-through facilities;

d.    When located in an employment zone, such facilities may be stand-alone uses and are not subject to Section 40.230.085(D)(1)(c).

2.    Mobile food trucks and carts that are removed from a site at the end of each day or weekend are exempt from the provisions of this section.

C.    Development Standards.

1.     Sites with on-site parking and/or drive-up facilities will require an approved driveway approach with adequate sight distance per Section 40.350.030(B)(8).

2.     Drive-up stacking. Stands with drive-up windows require three (3), eighteen (18) foot-long queuing spaces per window. Fewer spaces may be approved by the responsible official; provided, that a plan is submitted that shows the site has sufficient overflow areas so that traffic will not block streets, sidewalks, or parking lot circulation aisles.

3.     Parking. Parking shall meet minimum ADA requirements. One (1) parking space per employee per shift shall be provided. Additional parking for walk-up patrons on undeveloped sites shall be provided at a rate of one (1) space per outdoor seating table. Parking may be provided by the following methods:

a.    On site;

b.    On-street parking; provided, that the parking space is legally available and along the site’s street frontage. Posted-time or day-restricted parking spaces do not qualify as legally available for the purposes of this section; or

c.    If no parking space is available on-site or on-street, a joint agreement for off-site parking may be used subject to Section 40.340.010(A)(5).

4.    Paving. Gravel parking and maneuvering areas may be approved, if it provides an adequate all-weather surface. Dust shall not become a nuisance, and gravel shall not be allowed to track onto sidewalks or streets. The creation of additional impervious surface may be subject to the stormwater requirements of Chapter 40.386.

5.    Building Permits. The stand and any structures associated with the stand, such as add-on canopies, stairs, and decks shall comply with building codes. Trailer-type stands that are raised off wheels shall require building permits for adequate tie-downs.

6.    Landscaping. Landscaping is not required unless headlight glare associated with drive-up queuing areas will affect abutting residential uses. In those cases, the responsible official may require screening in the form of shrubs or fencing.

7.    Public Health Approval. All coffee and food stands shall comply with county and state health department regulations, including the provision of restroom and hand washing facilities for employees and patrons.

8.    Stands approved under this section are not considered “new structures” for the purposes of Section 40.370.010(C).

9.    Signage. Permanent signs are allowed subject to Chapter 40.310. One (1) portable sign is allowed per street frontage without obtaining a permit under Section 40.310.010(D)(10). Portable signs shall not exceed six (6) square feet per side, shall be removed at the end of each business day, and shall not obstruct vehicular sight distance.

10.     Accessibility. Outdoor seating areas and restroom facilities shall comply with ADA requirements.

11.    Setbacks. All stands and accessory structures shall be set back per the requirements of Table 40.320.010; however, the setback area need not be landscaped. Structures, signs, and parking and maneuvering areas shall not obstruct sight distance per Section 40.350.030(B)(8).

12.     Frontage improvements are not required.

13.    Developments approved under this section are not subject to traffic impact fees.

(Amended: Ord. 2015-11-24; Ord. 2016-09-04)

D.     Performance Standards. Failure to mitigate the effect of unpaved parking lots, reduced queuing and landscaping standards, portable signs, or on-street parking may result in the revocation of a permit.

E.    Process. Coffee and food stands require Type I site plan review under Section 40.510.010. Building permits may be submitted at the same time as the site plan review.

F.    Application Submittal Requirements.

1.    Application form;

2    Application fee;

3.    Narrative that describes the existing conditions and proposed project in detail, including hours of operation, types of food and beverages to be prepared and served, whether outdoor seating is proposed, and the provision of:

a.    Restroom facilities;

b.    Water and wastewater;

c.    Off-site parking, if proposed;

d.    Plan to mitigate the effects of dust, gravel, glare and queuing overflow as applicable;

e.    Cooking and/or barista facilities; and

f.    Outdoor seating areas, if proposed;

4.    Site plan (eleven (11) inches by seventeen (17) inches minimum size) drawn to a legible scale to adequately show:

a.    Dimensions of property and right-of-way lines;

b.    The abutting street name, centerline, curb and sidewalk;

c.    The locations, width, and surface materials of driveways, queuing and parking spaces;

d.    The locations and dimensions of the stand(s), outdoor seating areas and restroom facilities;

e.    Proposed location of signs (both permanent and/or temporary);

f.    Scale of plan, and north arrow;

g.    If the parcel is large, the detailed plan can show only the part of the parcel proposed for the stands; provided, that an insert of the entire parcel is also shown with the area of detail shown on the insert; and

h.    Location of any easements;

5.    Copy of current deed to verify property dimensions and check whether any easements exist;

6.    Water utility review letter; and

7.    Associated applications as applicable, such as floodplain, habitat, shoreline, wetlands must be submitted prior to, or with the application.

(Added: Ord. 2014-01-08)