Chapter 23.910 RETAIL, SERVICE, CONVENIENCE STORE, AND OFFICE USES

Chapter 23.910
RETAIL, SERVICE, CONVENIENCE STORE, AND OFFICE USES

Sections:

23.910.030 Drive-in and drive-through sales and service.

23.910.010 Purpose and applicability.

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for retail, service, and office uses within individual or multiple zoning districts. Specifically, this chapter applies to convenience stores and drive-in and drive-through sales and service. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring additional setbacks, screening, lighting, and specific security measures beyond those otherwise required in the underlying zoning district.

B. Applicability. The regulations and standards contained in this chapter shall apply only to convenience stores and drive-in and drive-through sales and service as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.4.010)].

23.910.020 Convenience stores.

A. Purpose. The purpose of this section is to provide additional design and operational standards for convenience stores for increased security and safety for employees and patrons of the convenience store and compatibility with surrounding businesses and residents.

B. Applicability. The regulations contained in this section shall apply to all new convenience stores as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new convenience stores shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. Convenience stores shall comply with the requirements of this section.

C. Permit Requirement. A convenience store is a permitted use in the zones where a convenience store is identified as allowed by Article 3 (Zoning Districts, Allowable Land Uses, and General Development Standards), except that a use permit is required if:

1. The site is less than 500 feet from a residential zone.

2. The site is less than 1,000 feet from the property line of a K-12 public or private school.

3. The store will be open for business between the hours of 11:00 p.m. and 6:00 a.m.

4. Any alcoholic beverages are to be sold.

D. Development Standards. All convenience stores shall comply with these standards regardless of location.

1. Outdoor Lighting. Project lighting levels shall be as follows: one foot-candle of minimum maintained illumination per square foot of parking surface during business hours and 0.25 foot-candles of minimum maintained illumination per square foot of surface on any walkway, alcove, passageway, etc., from a half hour before dusk to a half hour after dawn. All light fixtures shall be vandal-resistant, and shall also comply with the requirements of RCMC 23.725.060(D) (Level of Illumination).

2. Litter Removal. Management shall be responsible for the removal of litter from adjacent property and streets that results from this project (with adjacent property owner consent).

3. Security Plan. Project shall incorporate a variety of security measures that provide safety for employees and patrons of the convenience store.

4. Windows. Window placement and design shall allow for window surveillance by employees of all outside areas from the employees’ primary work positions. Windows shall be clear of any signs, merchandise, or other materials at all times from between three feet and six feet in height from ground level. No more than 15 percent of the combined total window area may be covered with signage, advertising, or other coverings, etc., as described in Chapter 23.743 RCMC (Signs).

5. Security Systems. Building security systems and employee training shall be used to resist crime attempts. The following minimum measures shall be implemented. Alternate security measures may be approved by the chief of police.

a. Employers shall provide employee training on safety and security, education on alcohol awareness, checking various forms of identification, and detecting and preventing illegal activity.

b. Store shall have an interior layout that provides visibility for the cashier into spaces such as corners or hidden areas, e.g., low display counters or two-way mirrors.

c. The cashier station shall be designed to be visible from the parking area. Windows or doors shall not be blocked with posters or signs. Counters shall be maintained free from excess displays to enhance the visibility of the cashier station.

d. A timed drop safe shall be provided adjacent to the cashier station. Premises shall be posted accordingly.

e. The installation of height tape next to the exit.

A prominently displayed video camera for identifying criminals. The video camera should include a device that records 24 hours of video directly onto a DVD/DVR recorder. The owner shall maintain a library of the recorded digital video for a minimum of seven days.

f. Inside doors to storage, utility, and office areas shall be provided with two-way mirrors to create uncertainty as to how many people are in the store and to deter criminals.

g. Required Signs. Signs shall be posted prohibiting loitering and the consumption of alcoholic beverages in the business or in the parking areas, and any other signs as required by the city. This signage requirement shall not count toward the maximum signage allowed by Chapter 23.743 RCMC (Signs). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.4.020)].

23.910.030 Drive-in and drive-through sales and service.

A. Purpose. The purpose of this section is to regulate drive-through windows and remote tellers with development standards that address the mitigation of traffic, congestion, excessive pavement, pedestrian connections, litter, and noise.

B. Applicability. Development standards herein shall apply to all new facilities with drive-in and drive-through sales and services and will be reviewed in conjunction with the required conditional use permit and/or design review application.

C. Permit Requirements. Pursuant to Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), a conditional use permit is required for all drive-in and drive-through sales and services.

D. Required Findings. All of the findings below shall be made in order for the designated approving authority to approve a conditional use permit for a drive-in and drive-through sales and service use:

1. The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property.

2. The design and location of the facility and lane will not impede access to or exit from the parking lot serving the facility nor impair normal circulation within the parking lot.

3. The design and location of the facility will not create a nuisance for adjoining properties.

E. Development and Design Standards. The following standards shall be the minimum requirements for all drive-through windows and remote tellers. Deviations from these provisions may be considered through the issuance of a conditional use permit.

1. Drive-Through and Remote Teller Aisles. The minimum standards for drive-through aisles are as follows:

a. Aisles shall have a 12-foot minimum width on curves and an 11-foot minimum width on straight sections.

b. Aisles shall provide at least 180 feet of reservoir space for each facility, as measured from the service window or unit to the entry point into the drive-up lane. Nonfood and/or nonbeverage businesses may reduce the stacking space to a minimum of 60 feet. Exceptions may be granted by the designated approving authority when an applicant demonstrates that the required reservoir space is unnecessary.

c. Aisle entrances and exits shall be at least 25 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb-cut on an adjacent property. When an aisle encroaches into the front yard and side street setbacks, 25 feet of landscaping shall be provided, with at least 10 feet of landscaping between the aisle and right-of-way. Exceptions may be granted by the designated approving authority when aisle pull-out spaces are provided.

d. Aisles shall be separated from the site’s ingress and egress routes or access to a parking space.

e. Landscaping of Drive-Through Aisles. Landscaping of drive-through aisles shall be consistent with the requirements of RCMC 23.716.060(C) (Screening of Drive-Through Aisles).

2. Pedestrian Access and Crossings. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous, minimum four-foot-wide sidewalk or delineated walkway. Generally, pedestrian walkways should not intersect the drive-through aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving and shall be clearly signed to alert vehicles in the drive-through aisles.

3. Parking. Drive-up windows, remote tellers, and drive-through aisles shall be designed and constructed to be consistent with the requirements of Chapter 23.719 RCMC (Parking and Loading). The placement of drive-up windows, remote tellers, and drive-through aisles shall not be considered as justification for reducing the number of parking spaces which are otherwise required.

4. Congestion. The conditional use permit is revocable if congestion attributable to the facility regularly occurs on public streets or within the parking lot and the management cannot alleviate the situation.

5. Noise. Drive-up windows and their order stations with amplified sound shall be located to reduce the noise impact on adjacent property to less than 45 dB as measured at the nearest residential property line.

6. Signs. Signage for drive-up windows and remote tellers shall be consistent with the requirements of Chapter 23.743 RCMC (Signs).

7. Drive-through windows shall be visible from a public way to ensure that all activity can be viewed from an adjacent street. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.4.030)].

23.910.040 Mobile food vendors.

A. Purpose. The purpose of this section is to regulate mobile food vendors to ensure that operations do not conflict with the functional aspects of commercial site and building operations and that the operation is limited to a short time period.

B. Applicability. Development standards herein shall apply to all mobile food vendors applied as conditions as part of a business license.

C. Standards.

1. The maximum time period for a vendor in a single location is two hours.

2. Vendor shall be able to demonstrate property owner permission.

3. No freestanding signs are permitted.

4. No tables or chairs are permitted at site locations. Temporary tables and chairs are permitted if approved with a temporary use permit.

5. Vehicles cannot be parked at a private residence if more than two-axle vehicle. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].