Formula Business Restriction – Sanibel, FL

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

This island community enacted an ordin ance banning formula restaurants in 1996.

 


CITY OF SANIBEL – ORDINANCE NO. 96 – 10

ANORDINANCE PERTAINING TO FORMULA RESTAURANTS; AMENDING SUBSECTION I.B.2.C. OF THE LAND DEVELOPMENT CODE OF THE CITY OF SANIBEL TO AMEND THE DEFINITIONS OF “RESTAURANT, GENERAL”, AND “FAST FOOD RESTAURANT”; TO PROVIDE A DEFINITION FOR “EATING PLACE” AND “FORMULA RESTAURANT”; AMENDING PARAGRAPHS (b), (c) and (x) OF SUBSUBSECTION I.D.3.A. (3) TO PROHIBIT FORMULA RESTAURANTS IN THE CCITY; AMENDING SUBSECTION I.I.3.m. BY ADDING A NEW PARAGRAPH (5) PRHIBITING FORMULA RESTAURANTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Sanibel was created in large part to allow the planning for the orderly development of an island community known far and wide for its unique atmosphere and unusual natural environment and to insure compliance with such planning so that these unique and natural characteristics of the island shall be preserved; and

WHEREAS, the City and island’s unique character, consisting of large wildlife and preservation areas, quite beaches and passive relaxation opportunities, supported by the Sanibel Plan, the Beach Management Plan, the Land Development Code and all ordinances of the City, is not only important for its own sake, but is also in a sense Sanibel’s stock in trade; and

WHEREAS,the City has undertaken to write a Vision Statement which reflects the public’s desires to remain a small town community, remain unique through a development pattern which reflects the predominance of natural conditions and characteristics over human intrusions, and avoid”auto-urban” development influences; and

WHEREAS,the same characteristics which make Sanibel Island unique and desirable as a place in which to live and which to visit, place it in danger of losing its uniqueness and desirability; and

WHEREAS,one of the threats to Sanibel’s uniqueness and natural relaxed atmosphere is the potential proliferation of “formula” restaurants; and

WHEREAS,such types of restaurants diminish the unique character of the island by offering standardization of architecture, interior design and d’cor, uniforms and the like; and

WHEREAS, such types of restaurants diminish the relaxed an serene pace of the island by service of fast food; and

WHEREAS, such types of restaurants are more likely to increase the traffic congestion on the already overcrowded streets; and

WHEREAS, such types of restaurants are ore likely to increase litter, garbage and rubbish offsite; and

WHEREAS,the City has adopted a Land Development Code to implement the goals, objectives and limitations of the Sanibel Plan; and

WHEREAS,a procedure has been established to revise and amend regulations in the Land Development Code in a manner consistent with the Sanibel Plan; and

WHEREAS,the City Council deems it necessary to make such revisions to the Land Development Code, as contained in this ordinance; and

WHEREAS, all required public notices and public hearings for such revisions have been properly given and held; and

WHEREAS,such revisions have been referred to the Planning Commission for recommendation as to the consistency of such revisions with the Sanibel Plan;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sanibel, Lee County, Florida:

Section 1. Subsection I.B.2.c. of the Land Development Code of the City of Sanibel is hereby amended to read as follows:

Section I.B.2 Definitions

. . .

C.Throughout this land development code, the following words and phrases shall have the meanings indicated unless the text of the article or section in which used clearly indicates otherwise:

. . .

(107)Restaurant, general. An eating place which prepares food which is ordered from a menu, and served by a waiter or waitress, or selected ina cafeteria or from a buffet with food, and primarily consumed on the premises, and which contains permanent seating facilities and counters and tables, adequate to accommodate the customers served. Not a fast food restaurant, which is separately defined.

(108)Fast food restaurant. An eating place primarily engaged in the sale of prepared or quickly prepared food and beverages usually in disposable containers and wrappers, selected by patrons fro a limited line of specialized items such as hamburgers, chicken, pizza, tacos, hotdogs, ice cream or yogurt, for example, for consumption either on or off premises, in a facility in which a major portion of the sales to patrons is at a stand-up type counter.

(109) Eating place. Any business primarily engaged in the on-site preparation and sale of food and beverages for consumption either on or off the premises, except that grocery stores and vending machines are not classified as eating places.

(110) Formula restaurant. An eating place that is one of a chain or group of three(3) or more establishments and which satisfies at least tow of the following three descriptions:

a. it has the same or similar name, tradename, or trademark as others in the chain or group;
b. it offers either of the following characteristics in a style which is distinctive to and standardized among the chain or group:
1. exterior design or architecture;
2. uniforms, except that a personal identification or simple logo will not render the clothing a uniform;
c. it is a fast food restaurant.

Section 2. Section I.D.3. of the Land Development Code of the City of Sanibel is hereby amended to read as follows:

Section I.D.3. Permitted Uses, Required Conditions and Performance Standards; Commercial Districts.

a. GV – General Commercial District.

. . .

(3)Conditional uses. The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in Part I of this article:

. . .

(a) Any drive-in or drive through facility in conjunction with a permitted, or approve conditional, commercial use; except that drive-up, drive-through or drive-in lanes with carry-out service windows shall not be permitted in or at any eating place, restaurant, food service operation or beverage or liquor store; and except that formula restaurants shall not be permitted in this, or any, district of the city.

(b) Any permitted, or approved conditional, commercial use involving on-site food preparation or processing, except that drive-up, drive-through or drive-in lanes with carry – out service windows shall not be permitted in or at any eating place, restaurant, food service operation or beverage or liquor store; and except that formula restaurants shall not be permitted in this, or any, district of the city.

. . .

(x) Restaurants; except that:

i.Drive-up, drive-through or drive-in lanes with carry – out service windows shall not be permitted in or at any eating place, restaurant, food service operation or beverage or liquor store, and

ii. Formula restaurants shall not be permitted in this, or any, district of the city.

. . . .

Section 3. Subsection I.I.3.m. of the Land Development Code of the City of Sanibel is hereby amended by the addition of a new paragraph (5) which shall read as follows:

Section I.I.3. Specific Requirements.

Theplanning commission shall not authorize the issuance of a permit for a conditional use except in compliance with the following specific conditions:

. . . .

m. Eating places, restaurants, grocery stores, delicatessen stores, food markets, carry-out food stores not listed as a permitted use, including ice cream shops, and any permitted commercial use involving on-site food preparation or processing, shall be permitted as conditional uses subject to the conditions herein set forth:

. . . .

(5)Nothing in this section or any other provision of this land development code shall be construed to allow formula restaurants.

. . . .

Section 4. Codification.

TheCity Manager is herby authorized and directed to cause the amendment approved herein to be incorporated into the adopted Land Development Code.

Section 5. Conflict.

Allordinances and parts of ordinance in conflict herewith shall be and the same are hereby repealed. If any part of this ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effect and be liberally construed.

Section 6. Severance.

Ifany section, subsection, sentence, clause, phrase or portion of this ordinance, or application hereof, is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion or application shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion or application hereof.

Section 7. Effective Date.

This ordinance shall take effect immediately upon adoption.

DULY PASSED AND ENACTED by the Council of the City of Sanibel, Lee County, Florida, this 17th date of September, 1996.

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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.