Chapter 17.54
FORMULA RETAIL AND RESTAURANT ESTABLISHMENTS*
Sections:
17.54.030 Formula retail – Defined –Includes formula restaurants – List of exempt businesses.
17.54.040 Formula retail and formula restaurant regulations.
* Code reviser’s note: Ord. 2912 established this chapter as Chapter 17.50 PTMC. It has been renumbered to avoid duplication.
17.54.010 Purpose and intent.
The general purposes of the formula retail development standards are to regulate the location and operation of formula retail and restaurant establishments in order to maintain the city’s unique victorian seaport and surrounding rural character, the diversity and vitality of the community’s commercial districts, and the quality of life of Port Townsend residents. (Ord. 2912 § 1, 2005).
17.54.020 Applicability.
A. These regulations apply in addition to the regulations set forth elsewhere in this title. Where there is a conflict in regulations in this chapter and other chapters of this title, the provisions of this chapter shall apply.
B. This chapter shall apply to formula retail and restaurant establishments in the following zoning districts: C-I/MU, neighborhood serving mixed use center; C-II/MU, community serving mixed use center; C-I, neighborhood commercial; C-II, general commercial; C-II(H), hospital commercial; C-III, historic commercial; M-C, mixed light manufacturing and commercial; M-II(A), (Boat Haven) marine-related uses; M-II(B), (Point Hudson) marine-related uses. (Ord. 2945 § 5.4, 2007; Ord. 2912 § 1, 2005).
17.54.030 Formula retail – Defined –Includes formula restaurants – List of exempt businesses.**
A. “Formula retail” means a type of retail sales or rental activity and retail sales or rental establishment, including restaurants, hotels and motels, which, along with 14 or more other establishments, maintains two or more of the following features:
1. Standardized array of merchandise or standardized menu.
2. Standardized facade.
3. Standardized decor and color scheme.
4. Uniform apparel.
5. Standardized signage.
6. Trademark or service mark.
B. For the purposes of this section the following definitions apply:
1. “Standardized array of merchandise” shall be defined as 50 percent or more of in-stock merchandise from a single distributor bearing uniform markings.
2. “Trademark” shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.
3. “Service mark” shall be defined as word, phrase, symbol or design or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.
4. “Decor” shall be defined as the style of interior finishings, which may include but is not limited to style of furniture, wallcoverings or permanent fixtures.
5. “Color scheme” shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wallcoverings, or as used on the facade.
6. “Facade” shall be defined as the face or front of a building, including awnings, looking onto a street or an open space.
7. “Uniform apparel” shall be defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.
8. For definition of “signage,” see definition of “sign,” PTMC 17.08.060.
9. “Standardized” does not mean identical, but means substantially the same.
C. Exemptions. The following businesses are not subject to the provisions of this chapter:
1. Auto sales.
2. Auto tire sales and service.
3. Banks.
4. Gas (fueling) stations and convenience stores selling gasoline or other fuels.
5. Grocery stores.
6. Health care.
7. Services, including professional services (for example, real estate offices, insurance offices, copy centers, and mail centers).
8. Adult entertainment facilities. (Ord. 2916 § 8, 2006; Ord. 2912 § 1, 2005).
** Code reviser’s note: Ord. 2916 amends PTMC 17.50.030, established by Ord. 2912, which was previously editorially renumbered to PTMC 17.54.030 to avoid duplication.
17.54.040 Formula retail and formula restaurant regulations. ***
A. The following regulations shall apply to all formula retail and formula restaurant establishments:
1. A formula retail or formula restaurant establishment shall not have a street-level frontage of greater than 50 linear feet on any street or have its retail space occupy more than two stories. For the purposes of this section, “street-level frontage” shall include frontage on private parking lots and access ways where the commercial building does not abut a public street.
2. A formula retail or restaurant establishment may not exceed 3,000 square feet of net total floor area.
3. No drive-through facilities are allowed.
4. Establishment or Relocation. A formula retail or restaurant establishment may only be located or relocated subject to all of the following requirements:
a. On a site that is not located on a street corner, except such formula retail or restaurant establishment may be located on a street corner where the immediate prior use was a formula retail or restaurant establishment.
i. For purposes of this section, “on a street corner” means the business establishment or occupiable building space that is the closest business establishment or occupiable building space within a block, tract, or parcel to the intersection of two streets (whether the business establishment or occupiable building space is immediately adjacent to the street corner or not, or fronts on the street corner or not, or whether the streets are developed in connection with the business establishment). A business establishment is not on a street corner if there is another business establishment or occupiable building space that is closer to the corner. Street corner includes frontage on private parking lots and access ways where the commercial building does not abut a public street.
b. Where it would result in no more than one formula retail or restaurant establishment of any type operating within a single building, whether or not the building is located on more than one lot (i.e., two or more formula retail establishments requiring separate business licenses, or displaying in a manner visible from public property separate business trademarks, logos, service marks or other mutually identifying names or symbols, for the daily or weekly conducting of business in the same building, is prohibited).
5. Any formula retail or restaurant establishment must be in a building that is shared with at least one other business that is not a formula retail establishment of any type.
6. The number of formula retail establishments per lot and maximum formula retail establishment density shall be as follows:
|
Lot Size |
Maximum Density of Formula Retail Establishments |
|
Lots with less than 20,000 s.f. of lot area |
One formula retail establishment/lot. |
|
Lots with more than 20,000 s.f. of lot area |
One formula retail establishment/20,000 s.f. of lot area.1 |
1. This provision allows larger lots to have multiple formula retail establishments (i.e., a 40,000 square foot lot may have no more than two formula retail establishments, etc.) provided the siting and design of the formula retail establishments meets all other applicable standards.
(Ord. 2920 § 16, 2005; Ord. 2912 § 1, 2005).
*** Code reviser’s note: Ord. 2920 amends PTMC 17.50.040, established by Ord. 2912, which was previously editorially renumbered to PTMC 17.54.040 to avoid duplication.
17.54.050 Variance.
In the event an applicant for any business license, a building permit application, a conditional use permit, an application for occupancy or a design review concerning a formula retail establishment believes that, due to extraordinary circumstances and unique attributes of the site, it is impracticable or impossible to comply with the provisions of this chapter, the applicant may apply for a variance. The variance application shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. (Ord. 2912 § 1, 2005).