Agenda - Planning Commission - 12/06/2007

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. Take-out Restaurants or Dessert Shops-No more than a total of 10 such establishments are to be located within the Downtown Specific Plan Boundaries. NUMERICAL LIMITS ON SPECIFIC USES Some communities have adopted numerical limits on certain uses (like restaurants) that they feel are overabundant and may drive out more desirable uses. This regulation has been used in communities such as Carmel, California, which adopted citywide caps on specific uses (hotel and motel units), and Laguna Beach, which adopted a cap on cer- tain uses within a particular zone district (the resident-serving district discussed above). One large city, San Francisco (in its neighbor- hood commercial districts), has also utilized this tool. Now Portland, Maine, has followed suit. Portland, Maine An organization called Keep Portland Real in this historic seaside community lobbied suc- cessfully for the city to adopt a regulation in 2006 that puts a cap on formula businesses in 64 the downtown area. They argued that prolifer- ation of such uses downtown and in the har- bor area would erode the uniqueness of these areas and damage the local economy. Portland's code allows 23 formula busi- nesses in the Extended Pedestrian Activities Overlay District (PAD) downtown. These busi- nesses cannot be larger 2,000 square feet in size, although the regulations exempt some formula businesses, including gas stations and pharmacies, from this standard. SPACING REQUIREMENTS Historically, many communities have used spacing requirements to prevent the clustering of unwanted uses (e.g., requiring adult busi- nesses to be at least 1,000 feet from a similar use) or to separate certain uses from others (e.g., bars must be 500 feet from schools). Now some local governments are using this approach to protect the vitality oftheir down- towns and central business districts. Warner, New Hampshire This small community located in the south- central part of the state amended its zoning in 2001 to limit the concentration of fast-food and drive-in restaurants in the town, particu- larly along highway corridors (Route 103 and Interstate 89). Under this regulation, no such use may be located within 2,000 feet of another similar use. SIZE RESTRICTIONS Placing size restrictions on particular uses can also be an effective way to discourage the proliferation of unwanted uses. Such restrictions were touched on in the above examples for Palm Beach and Portland. Below are some additional policies and reg- ulations aimed more specifically at limiting business size. Port Townsend, Washington This historic Victorian seaport on the Olympic Peninsula adopted restrictions on formula retail and restaurants in 2005. The regulations came in response to community concem over a new chain video store opening in this small community of about 8,500. The city's zoning states that in all but one of the city's commercial districts, formula retail and restaurants may not exceed 3,000 square feet nor occupy more than 50 feet of linear street frontage. Kansas City, Missouri-Brookside Commercial Area Widely regarded as one of Kansas City's most desirable neighborhoods, Brookside is a his- toric, compact neighborhood commercial dis- trict full of local and small-scale businesses. In order to help preserve its status as a unique and eclectic commercial area, the city In 2000 adopted size limitations for the Brookside Business District that include a 10,ooo-square-foot cap for all businesses, except for grocery stores, which are allowed up to 25,000 square feet. COMPREHENSIVE PLAN POLICIES Many of the regulations adopted reference comprehensive plan policies in their purpose statements. For example, Port Townsend's size cap on formula businesses references the comprehensive development plan's goal of establishing "a diverse retail base with a unique retailing personality comprised of a mix of businesses ranging from small to medium to large and from local to regional to national." Clear comprehensive plan policy statements can help local govemments with- ZONINGPRACTICE 10.07 AMERICAN PLANNING ASSOCIATION I page 4