Article II — FORMULA BUSINESSES AND RESTAURANTS

IN ZONES ALLOWING COMMERCIAL USES

The vitality and character of the town’s economy is dependent upon its small-town, village character and pedestrian scale. It is the purpose of this article to regulate formula businesses and formula restaurants in the zones permitting commercial uses in town to ensure the service of local demand for goods and services, provide a diverse mix of businesses that are compatible with the needs of area residents, preserve opportunities for owner-operator businesses, maintain the town’s unique village character, and promote the pedestrian-orientation of the Town Center Planning Area and pedestrian usage of the town’s commercial zones.

(Ord. 787, passed 3-4-2015)

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FORMULA BUSINESS. Any business that is required by a corporate headquarters or franchise or other arrangement to maintain any of the following: standardized services, decor, uniforms, architecture, signs or other similar features. This shall include but not be limited to any retail sales, service, visitor accommodation, wholesale or industrial operations that was not in business within the Town of Fairfax prior to April 1, 2000.

FORMULA RESTAURANT. Any restaurant that is required by a corporate headquarters or franchise or other arrangement devoted to the preparation and offering of food and beverage for sale to the public for consumption either on or off premises and which is required by contractual or other arrangement to offer any of the following: standardized menus, ingredients, food preparation, decor, uniforms, architecture or similar standardized features that was not in business within the Town of Fairfax prior to April 1, 2000.

(Ord. 787, passed 3-4-2015)

A formula business or formula restaurant may only be established on a site in a zone allowing commercial uses after obtaining a conditional use permit for the operation of that use on such site, subject to the limitations of this article. In addition to the findings required by Chapter 17.032 as prerequisite to the issuance of a conditional use permit, no conditional use permit shall be issued for a proposed formula business or restaurant unless the Planning Commission can make all of the following findings:

(A) The proposed formula business or restaurant will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations.

(B) The proposed formula business or restaurant, together with its design and improvements, will be consistent with the unique and historic village-like character of the town, and preserve the unique visual appearance and shopping and dining experience of the town for its residents and visitors.

(C) The proposed formula business or restaurant will provide services or products which complement existing businesses in the zoning district in which it is proposed to operate, considering the existence of and proximity to the same or similar businesses within that zone, and will not have significant adverse financial impacts to same or similar businesses within that zone.

(D) If located within the Town Center Planning Area, the proposed formula business or restaurant will be consistent with the pedestrian orientation of the Town Center Planning Area.

(E) The proposed formula business or restaurant will help residents avoid the need to drive out of town for their shopping needs.

(F) The proposed formula business or restaurant will be consistent with all applicable general plan goals, objectives, policies, and programs.

(Ord. 787, passed 3-4-2015)