§ 23.08.208. Stores and Restaurants in Non-Commercial Categories.

When eating and drinking places or food and beverage retail sales are identified as S-10 uses in the Agriculture (non-prime soils), Recreation, Residential and Office and Professional categories, the following standards apply:

a.

Limitations on use.

(1)

Eating and drinking places.

(i)

Bars or other drinking places selling alcoholic beverages for on-premise consumption as a principal use rather than being accessory to a restaurant are not allowed in residential and agriculture categories.

(ii)

Dancing and other entertainment activities normally secondary to a restaurant are not allowed in a residential category.

(iii)

An accessory restaurant may be established in the Agriculture land use category where there is an existing conforming visitor-serving use (e.g., wineries, riding stables, health resorts), and where the restaurant is clearly secondary and incidental in nature and size to the existing visitor-serving use.

(2)

Food and beverage retail sales. In a residential category, such establishments are to be designed, located and of an appropriate scale to serve the needs of neighborhoods rather than the community. In the Office and Professional category, such establishments are to be designed and of an appropriate scale to serve the needs of the population in the Office and Professional category near the site of the establishment, rather than the entire community.

b.

Permit requirement. Minor Use Permit approval in the Office and Professional category, Development Plan approval elsewhere.

c.

Minimum site area. 6,000 square feet in urban areas, one acre in rural areas.

d.

Location and access. In Residential categories, the site of a restaurant is to be located on a collector or arterial; the site of a store selling food or beverages for off-premise consumption is to be located at the intersection of two collectors, arterials, or combination of both. Such uses may be sited on local streets in Recreation and Office and Professional categories. The site of an accessory restaurant in the Agriculture (non-prime soils) category shall be located within 0 to 5 miles from an urban or village reserve line, and on or within one mile of an arterial or collector.

e.

Hours of operation. The conduct of retail business in residential or agricultural areas is limited to the hours between 7:00 a.m. and 10:00 p.m., daily.

f.

Size of accessory restaurant. The size of an accessory restaurant in the Agriculture (non-prime soils) category shall contain no more than 1,000 square feet of dining area, including any outdoor dining area(s).

[Amended 1992, Ord. 2591; 1995, Ord. 2715; 1995, Ord. 2740]