HomeMy WebLinkAbout2912 Formula Retail Establishments
Ordinance No. 2912
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
TITLE 17, ZONING OF THE PORT TOWNSEND MUNICIPAL CODE
ADDING CHAPTER 17.50, DEFINING AND REGULATING
FORMULA RETAIL ESTABLISHMENTS
WHEREAS, Port Townsend is a Victorian Seaport that harbors a National Historic
District and a wealth of superb Victorian era homes recognized on the National Historic Register;
and
WHEREAS, Port Townsend is a community with a very special environment, both
natural and man-made and the qualities of both must be respected so that the uniqueness of Port
Townsend can flourish without inappropriat~ changes; and
WHEREAS, Port Townsend is a vit~l and active City that retains a small town
atmosphere and a strong sense of community; and
WHEREAS, Port Townsend is both a tourist destination and a residential town, and the
creation of a desirable living, working, and business environment that is responsive to residents
will automatically provide a destination of interest to visitors; and
WHEREAS, regulating commercial development and formula retail serves to preserve
the "small town character" of Port Townsend. A primary objective of the [Comprehensive]
Plan is to maintain and enhance Port Townsend's' special character and small town atmosphere;
and
WHEREAS, Goal 4 of the Diversified Manufacturing & Small Business component of
the Economic Development Element of the Comprehensive Plan, page VIII-5, calls for the City
to "encourage the formation of small businesses and relocation to Port Townsend of small scale,
locally managed businesses as a vital part of Port Townsend's economy;" and
WHEREAS, the addition of formula retail businesses in the commercial areas, if not
monitored and regulated, could serve to frustrate the Comprehensive Development Plan goal of a
diverse retail base with a unique retailing personality comprised of a mix of businesses ranging
from small to medium to large and from locl:tl to regional to national; and
WHEREAS, visitors come to Port Townsend to enjoy, among other things, a diverse
group of small businesses, and the addition of formula retail businesses in the commercial areas,
if not monitored and regulated, would diminish the attractiveness of Port Townsend as a tourist
destination and adversely impact the local economy, and the vibrant historic commercial area in
the City. There is a special sense of place in Port Townsend that there is a risk of losing if Port
Townsend looks like "anytown, anywhere" with a plethora of formula retail businesses; and
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WHEREAS, the Historic Commerci~l District is a special and unique asset within the
City, which could be adversely impacted by the presence of formula establishments that are out
of harmony with the Historic District and which do not contribute to the City's small town
atmosphere; and
WHEREAS, the City has a legitimate interest in seeking to maintain the ambience of its
commercial districts to ensure the long-term economic viability of the community. This
ordinance advances this goal by requiring formula retail businesses to limit their size and
location, thereby making it less likely that their location and presence would not be inconsistent
with the City's land use goals than would one-of-a-kind businesses. As recognized by the
California Court of Appeals in Coronadans Organized for Retail Enhancement v. City of
Coronado (2003 Cal, App. Unpubl.), " 'formula' businesses - by their nature - have a greater
potential to conflict with the village atmosphere of the community." Likewise, formula
businesses have by their nature a greater potential to conflict with the City of Port Townsend's
small-scale character and atmosphere; and
WHEREAS, Sims Way faces signifilcant traffic impacts currently and from future
development (as documented by the W & HPacific Report dated June 3, 2005) and location of
formula retail businesses which are typically high volume traffic generators will, if not regulated,
contribute significantly and negatively to traffic impacts on Sims Way; and
WHEREAS, this ordinance is not premised on maintaining local ownership of
businesses, or protecting existing businesses, or stopping formula retail businesses from doing
business in Port Townsend. This purpose of this ordinance is to maintain Port Townsend's
unique, special character, the diversity and vitality of the City's commercial districts and the
quality of life of Port Townsend residents; and
WHEREAS, the City Council finds, as support for carefully regulating formula retail,
that other nearby small cities or towns that have significant tourist economies do not have a
significant component of formula retail establishments or are not known as destinations for
formula retail business (for example, Bainbridge Island, La Conner, Friday Harbor, Winthrop).
Other small cities that are associated with significant formula retail activity are not as likely to
have significant tourist economies, for example, Sequim; and
WHEREAS, the City Council finds as support that other cities have sought to regulate
formula retail businesses to protect and preserve special characteristic of their city or town,
including, Bainbridge Is, W A, Arcata, CA, Bristol, RI, Calistoga, CA, Carmel-by-the-Sea, CA,
Coronado, CA, Pacific Grove, CA and Port Jefferson, NY; and
WHEREAS, Fort Worden State Park is a unique publicly owned park and conference
facility subject to the City's P/OS (Existing Park and Open Space) zoning, management by
Washington State Parks, and designation as a National Landmark Historic District U.S. Secretary
of the Interior. Fort Worden State Park is exempt from the provisions of this ordinance due to
the extraordinary provisions in place that protect the park's integrity and historic character; and
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WHEREAS, certain businesses that provide needed services or goods to the citizens of
Port Townsend such as auto sales, auto tire sales, banks, gas stations, grocery stores, health care
establishments, professional services, and service establishments may have fourteen or more
establishments elsewhere. When developed consistent with city zoning and design guideline
regulations these businesses have a positive impact on the community. As such, they are exempt
from the provisions of this ordinance; and
WHEREAS, in light of the foregoing considerations, the City Council has determined
that the public welfare of the City's residential, retail, business and tourist based community, as
articulated by the principles upon which the Comprehensive Development Plan is premised, will
be best served and advanced by adopting regulations_monitoring, regulating and restricting the
establishment of formula retail stores to the C-II commercial zone;
NOW, THEREFORE, the City COUiIlcil of the City of Port Townsend ordains as
follows:
SECTION 1. Title 17, Zoning, of the Port Townsend Municipal Code is hereby
amended to add a new Chapter 17.50, Formula Retail and Restaurant Establishments, and shall
read as follows:
17.50.010 Purpose and Intent.
The general purposes ofthe 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 oflife of Port Townsend residents.
17.50.020 Applicability.
A. These regulations apply in addition to the regulations set forth elsewhere in Title 17. Where
there is a conflict in regulations in this Chapter and other Chapters of Title 17, 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-IUMU 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(B) (Point Hudson) Marine Related Uses.
17.50.030 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 fourteen or more other
establishments, maintains two or more of the following features:
1. Standardized array of merchandise or standardized menu.
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2. Standardized fa<;:ade.
3. Standardized decor and color sch~me.
4. Uniform apparel.
5. Standardized signage.
6. Trademark or service mark.
B. For the purposes of this section the following definitions apply:
I. "Standardized array of merchandise" shall be defined as 50% 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
or words, phrases, symbols or designs that identifies and distinguishes the source of the goods
from one party from those of others.
3. "Servicemark" shall be defined as word, phrase, symbol or design, or a combination or
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 fa<;:ade.
6. "Fa<;:ade" 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," Section 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).
17.50.040 Formula Retail and Formula R~staurant Regulations.
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A. The following regulations shall apply to ~ll 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 shall be limited to one.
B. Existing formula retail or formula restaurants that are nonconforming as to use are subject to
PTMC Chapter 17.88 Nonconforming Uses.
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17.50.050 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 ofthis 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.
SECTION 2. Port Townsend Municipal Code Chapter 17.18.020 Mixed Use Zoning Districts-
- Permitted, Conditional, and Prohibited UStlS is amended as follows (underline new, strikeout
deleted):
Table 17.18.020
Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Sub'ect to a conditional use permit; X = Prohibited; N/A = Not applicable
DISTRICT C-I(MU) C-II(MU) APPLICABLE
REGULA TIONS/NOTES
Formula Retail Establishments X X See Chapter 17.50 for applicable
(including formula restaurants) regulations and definitions.
SECTION 3. Port Townsend Municipal Code Chapter 17.20.020 Commercial Zoning Districts -
Permitted, Conditional, and Prohibited Uses is amended as follows (underline new, strikeout
deleted):
Table 17.20.020
Commercial Zoning Districts - Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Sub.iect to a conditional use permit; X = Prohibited; N/A = Not applicable
DISTRICT C-I C-II C- II(H) C-III APPLICABLE
REGULATIONS/NOTES
Formula Retail Establishments X P Except X X See Chapter 17.50 for
(including formula X within applicable regulations and
restaurants ) Historic definitions. Formula Retail
Overlay Establishments are prohibited
District. within the Port Townsend
Historic Overlav District.
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SECTION 4. Port Townsend Municipal Cope Chapter 17.22.020 Marine-Related and
Manufacturing Districts - Permitted, Conditional, and Prohibited Uses is proposed to be amended
as follows (underline new, strikeout deleted):
Table 17.22.020
Marine-Related and Manufacturing Districts - Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outrh!:ht; C = Sub'ect to a conditional use permit; X = Prohibited; N/A = Not aDnlicable
DISTRICT M-C M-I M-II(A) M-II(B) M.III APPLICABLE
REGULA TIONS/NOTES
Formula Retail X N/A N/A X N/A See Chapter 19.50 for
Establishments applicable regulations and
(including definitions.
formula
restaurants )
SECTION 5. Severability. If any sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase or work of this ordinance.
SECTION 6. Effective Date. This Ordinance shall take effect immediately after passage if
adopted by a majority plus one ofthe City Council. Otherwise this ordinance shall take effect and
be in force five days after the date of its publication in the manner provided by law. Publication
of this ordinance shall be by summary thereof consisting of the title.
Adopted by the City Council ofthe City of Port Townsend, Washington, at a regular
meeting thereof, held this seventeenth day of October, 2005.
(~ _'h 2L'~
Catharine Robinson, Mayor
j
Approved as to Form:
~Ctr~
Attest:
John P. Watts, City Attorney
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