Formula Business Restriction – Bainbridge Island, WA

Date: 9 Dec 2008 | posted in: Retail | 0 Facebooktwitterredditmail

In 1989, after a public hearing in which comment was overwhelmingly opposed to additional formula take-out food restaurants, the city council adopted an ordinance prohibiting such businesses on the grounds that they “are automobile rather than pedestrian-oriented businesses” and the city’s comprehensive plan “calls for pedestrian orientation and a village atmosphere.”

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City of Winslow [former name of Bainbridge]

ORDINANCE NO. 89-28

AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, ADOPTING CERTAIN FINDINGS AND AMENDING THE COMPREHENSIVE PLAN AND THE WINSLOW ZONING ORDINANCES TO DEFINE FORMULA TAKE-OUT FOOD RESTAURANTS AND ELIMINATING FORMULA TAKE-OUT FOOD RESTAURANTS IN ALL ZONES WITHIN THE CITY.

WHEREAS,the City Council of the City of Winslow, Washington, has determined that the present zoning ordinances should be amended; and

WHEREAS,the City of Winslow, Washington, finds that the policies and actions outlined in the Comprehensive Plan should be amended to conform with these amendments to require elimination of formula take-out food restaurants; and

WHEREAS, the City Council of the City of Winslow, Washington, finds that the Structural Concepts outlined in the Urban Design subsection of the Land Use Plan of the Comprehensive Plan calls for pedestrian orientation and a village atmosphere; and

WHEREAS, the City Council of the City of Winslow, Washington, finds that formula take-out food restaurants are of a particular service nature or are automobile rather than pedestrian-oriented businesses; and

WHEREAS,on June 8, 1989, the Planning Agency conducted a public hearing on the subject. Overwhelming public comment favored elimination of formula take-out food restaurants in all zones within the city. A finding and recommendation to that effect was thereafter made to City Council; and

WHEREAS,as a result, the City Council of the City of Winslow, Washington, now finds that formula take-out food restaurants represent a type of business that is automobile-oriented or of a particular nature that the existence of one such restaurant in the High School Road zone is a sufficient maximum number of that use for the village character of Winslow to be preserved. That other or additional restaurants of that type in all zones should not be permitted hereafter; that expansion in number of such establishments should be disallowed entirely in order to establish at this time, an optimal mix of pedestrian-oriented and other kinds commercial and retail establishments; that to preclude further development of such restaurants in a town of this size prevents commercial overconcentration of automobile-oriented businesses and of that type of retail service establishment and will provide for smaller neighborhood-style pedestrian and other kinds of retail outlets to best serve the varied needs of Winslow residents and consumers;

NOW THEREFORE,

THE MAYOR AND CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. Chapter 18.12 of the Winslow Municipal Code entitled Definitions is hereby amended to add the following definition:

FormulaTake-Out Food Restaurant means a restaurant required by contractual or other arrangement to offer standardized menus, ingredients, food preparation, interior or exterior design and/or uniforms; and serves its food in disposable containers.

Section 2. Chapter 18.44 of the Winslow Municipal Code entitled Central Business District Zone, subsection 18.44.020A of Permitted Uses is hereby revised to read as follows:

A. Retail sales not requiring outdoor storage, except formula take-out food restaurants; and

Subsection 18.44.030 entitled Conditional Uses is hereby amended to add the following:

D. Formula take-out food restaurants are not permitted.

Section3. Chapter 18.48 of the Winslow Municipal Code entitled Madison Avenue District, subsection 18.48.020A Permitted Uses is hereby revised to read as follows:

A. Retail sales not requiring outdoor storage, except formula take-out food restaurants; and

Subsection 18.48.030 is hereby amended to add the following:

G. Formula take-out food restaurants are not permitted.

Section4. Chapter 18.52 of the Winslow Municipal Code entitled North City Center District, subsection 18.52.020A Permitted Uses is hereby amended to read as follows:

A. Retail sales not requiring outdoor storage, except formula take-out food restaurants; and

Subsection 18.52.030 is hereby amended to add the following:

F. Formula take-out food restaurants are not permitted.

Section5. Chapter 18.56 of the Winslow Municipal Code entitled Lower Ericksen District, subsection 18.56.020A of Permitted Uses is hereby amended to read as follows:

A. Retail sales in structures with footprints smaller than 1,000 square feet, except gasoline filling stations, formula take-out food restaurants, drive-in businesses, and businesses with outdoor storage areas; and

Subsection 18.56.030 is hereby amended to add the following:

H. Formula take-out food restaurants are not permitted.

Section6. Chapter 18.60 of the Winslow Municipal Code entitled Upper Ericksen District, subsection 18.60.020A Permitted Uses is hereby amended to read as follows:

A. Retail sales in structures with footprints smaller than 2,000 square feet, except gasoline filling stations, formula take-out food restaurants, drive-in businesses, and businesses with outdoor storage areas; and

Subsection 18.60.030 is hereby amended to add the following:

E. Formula take-out food restaurants are not permitted.

Section7. Chapter 18.64 of the Winslow Municipal Code entitled Ferry Terminal District, subsection 18.64.020B.1 Permitted Uses is hereby amended to read as follows:

B. 1. Retail sales not requiring outdoor storage except formula take-out food restaurants; and

Subsection 18.64.030 is hereby amended to add the following:

H. Formula take-out food restaurants are not permitted.

Section8. Chapter 18.68 of the Winslow Municipal Code entitled High School Road District, subsection 18.68.020A is hereby amended to read as follows:

A. Retail sales not requiring outdoor storage, except formula take-out food restaurants; and

Subsection 18.68.030 is hereby amended to add the following:

E. Formula take-out food restaurants axe not permitted.

Section9. Chapter 18.72 of the Winslow Municipal Code entitled Lower Madison Waterfront District, subsection 18.72.020A Permitted Uses is hereby amended to read as follows:

A. Retail sales not requiring outdoor storage except formula take-out food restaurants; and

Subsection 18.72.030 is hereby amended to add the following:

G. Formula take-out food restaurants are not permitted.

Section10. Chapter 18.76 of the Winslow Municipal Code entitled Gateway District, subsection 18.76.020A is hereby amended to read as follows:

A. Retail sales not requiring outdoor storage except formula take-out food restaurants; and

Subsection 18.76.030 is hereby amended to add the following:

G. Formula take-out food restaurants are not permitted.

Section11. Chapter 18.80 of the Winslow Municipal Code entitled Industrial Zone, subsection 18.80.020A Permitted Uses is hereby amended to read as follows:

A. Commercial uses, wholesale and retail not requiring outdoor storage, except formula take-out food restaurants; and

Subsection 18.80.030 is hereby amended to add the following:

F. Formula take-out food restaurants are not permitted.

Section12. This ordinance or a summary of the title shall be published in the official newspaper of the City of Winslow, Washington, and shall take effect and be in full force five(5) days after publication.

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Stacy Mitchell

Stacy Mitchell is co-director of the Institute for Local Self-Reliance, and directs its Independent Business Initiative, which partners with a wide range of allies to implement policies that counter concentrated power and strengthen local economies.