Chapter 12-14 — FS FREEWAY SERVICE DISTRICT

The sections of this chapter constitute the regulations of the FS (freeway service) district. (Prior Code § 10-80)

The FS (freeway service) district is designed and intended to provide for commercial establishments operated primarily for the purpose of serving the essential needs of the freeway traveler. (Prior Code § 10-80.1)

The following uses are permitted in the FS district:

• (a) Hotels;

• (b) Motels;

• (c) Restaurants;

(d) Public rest stops. (Prior Code § 10-80.2)

The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, shall be permitted in the FS district subject to obtaining a use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title:

• (a) Drive-in restaurant;

• (b) Cocktail lounges, when in connection with restaurants;

• (c) Automobile service stations, including sales normally related to the sale of gasoline. No repairs other than emergency repairs and replacement are permitted;

• (d) Recreational vehicle parks, catering to transient occupancy only;

• (e) Truck stops;

• (f) Penny arcades, as provided in Section 12-14.05 ;

• (g) Any use with drive-up, drive-in or drive-through facilities for serving customers from their vehicle;

• (h) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1 ;

• (i) Commercial recreation facilities;

(j) Concurrent retailing of motor vehicle fuel with alcoholic beverages for off-premises consumption. (Prior Code § 10-80.3, (a—e), (f); Ord. 83-1065 § 1, eff. 1/5/84; Ord. 86-32 § 2, eff. 2/19/87; Ord. 901 § 2, eff. 3/8/90)

The establishment of a "penny arcade," as that term is defined at Section 12-2.112 , is expressly prohibited in the freeway service zone.

• (a) Installations of three or less coin-operated game machines, as that term is defined at Section 46.101 of this Code, are prohibited in the freeway service zone when provided in conjunction with the sale of alcoholic beverages at the same premises, whether for on-premises or off-premises consumption, if persons under the age of 18 years are also admitted, unless accompanied by and under the supervision of a parent, legal guardian or other adult person having legal custody. The proprietor of a premises coming within the provisions of this section shall post and maintain a sign in a conspicuous place advising customers of the requirements imposed in this subsection.

• (b) There shall be at least 60 square feet of net public floor area solely devoted to each such machine.

• (c) An exemption from the provisions of this section exists for any such game machine located in a private dwelling and neither offered for use by, nor available to, the general public.

• (d) Nonconforming business amortization:

  • (1) Existing, legally nonconforming arcades are exempt from the provisions of this section. Legal nonconforming uses include those installations of such game machines for which one or more of the following permits or licenses had issued on or before June 22, 1982:

    • (A) A conditional use permit under the provisions of this title;

    • (B) A planned development permit under the provisions of this title;

    • (C) An operator's license under Chapter 4-6 of this Code for purposes of establishing legal nonconformity only. An installation of such game machines is legally nonconforming if such an operator's license had issued to either:

      • (i) The owner/operator of the premises at which such machines are located, or

      • (ii) The distributor who placed such machines upon the premises, unless the placement of additional machines at such a location on or after June 22, 1982 constituted the unauthorized expansion of an existing nonconforming use.

• (2) All other installations of such machines are illegal nonconforming uses, and the owner or operator shall, within 90 days after the effective date of the ordinance from which this section derives, either comply with the provisions of Chapter 4-6 of this Code and this title or terminate the nonconforming use, ownership, operation or possession.

• (Prior Code § 10-80.3(f); Ord. 82-1039 § 5, 1982)

Premises in the freeway service district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use. (Prior Code § 10-80.4)

Development, uses and structures in the FS district are subject to the development standards set out in following sections of this chapter. (Prior Code § 10-80.5)

Minimum building site required is 20,000 square feet; hotels, motels and restaurants require 20,000 square feet per complex. (Prior Code § 10-80.5(a))

The maximum allowable coverage of each building site with main and secondary buildings is 30%.

(Prior Code § 10-80.5(b))

The maximum height is 40 feet.

However, a conditional use permit is required for any building or structure in excess of one story or 18 feet in height when adjacent to a residential zoning district unless the building or structure is located more than 100 feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent.

(Prior Code § 10-80.5(c); Ord. 87-11 § 1, eff. 7/16/87)

• (a) Minimum front yard is 10 feet.

• (b) Minimum side yards:

  • (1) On a corner lot, no side yard shall be less than 10 feet.

  • (2) On an interior lot, no side yard shall be less than 10% of the average lot width or 10 feet, whichever is greater.

(c) Minimum rear yard is 20 feet. (Prior Code § 10-80.5(d))

Incidental storage and accessory uses are permitted only when those uses are clearly incidental to the allowed use. No outside storage of materials is permitted in the FS district. (Prior Code § 10-80.5(e))

Approval of elevations, site plans and landscaping by the Zoning Administrator is required before the issuance of a building permit. (Prior Code § 10-80.5(f))

All parking and service areas, including driveways when located and adjacent to a residential district, in order to provide a degree of privacy to those residential districts and to reduce noise and glare originating in the freeway service district, shall be screened and separated from such property by a solid wall, view-obscuring fence or compact evergreen hedge six feet in height; except, that no such fence over 48 inches in height shall be located within a required setback area adjacent to a street or right-of-way.

(Prior Code § 10-80.5(g))

Access to and from parking and service areas and all driveway ramps shall be located and designed in such a manner as to provide adequate ingress and egress to the premises without impeding traffic to and from freeway access ramps. (Prior Code § 10-80.5(h))

For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-80.5(i))

For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-80.5(j))

Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04 .

(Prior Code § 10-80.5(k))