§ 17.6.105. Ancillary commercial structures.

A.

Intent. The following regulations have been established to provide the minimum standards for the establishment and operation of ancillary commercial Structures such as shaved ice shops, flower sales, bank teller machines, post office kiosks, key making shops and photographic film drop stations.

B.

Application and approval required. Ancillary commercial structures may be permitted by action of the planning commission, subject to the approval of a site plan as set forth Section 17.6.101 and upon a finding that placement of the use on the site proposed will not result in the creation of a condition detrimental to the health, safety or general welfare of the public and that the proposed use and attendant structures will be located, erected and operated in compliance with the following standards and requirements.

1.

Ancillary commercial structures are listed as permitted use within the zone.

2.

The structure will be located on the same lot as a host structure and the ancillary structure and appurtenant facilities, excluding off-street parking, will occupy a site area of not more than one hundred fifty square feet.

3.

Each host area shall contain not more than one ancillary commercial structure, except that the city may authorize the placement of more than one ancillary structure on a host lot where (a) the host lot has sufficient area, frontage, points of ingress and egress, off-street parking, and internal circulation to safely accommodate the additional ancillary structure, (b) the location of the additional structure in relation to existing ancillary Structures on the same or adjacent lots will not result in establishment of an unsafe or hazardous condition and © the sanitation facilities of the host structure are adequate to accommodate the additional structure.

4.

Adequate access, off-street parking, solid waste receptacles, and other essential elements for the proposed use will be provided. No part of the public right-of-way shall be included as part of the site area.

5.

The area of the lot upon which the structure and all attendant facilities (parking, display, tables) are located shall be hard surfaced. The layout of the proposed use will be coordinated with the access, parking, circulation, and other significant elements of the host use to provide safe and convenient access to patrons. The city may require the placement of barriers, screens, or other structural elements to channel traffic movement or otherwise promote a more safe condition.

6.

All buildings shall be permanently attached upon footings and foundations in accordance with the building code, or may be placed directly upon the hard topped surface. Provided, that any building not attached with footings and foundations shall be securely anchored to the ground at not less than four points as directed by the city engineer.

7.

A building permit shall be required for all structure. All structures shall be constructed in accordance with the provisions of the city's building code, except for the footing and foundation elements when approved by the city as provided in paragraph 6. above, and will be served by permanent independent electrical service installed in accordance with city standards.

8.

Independent water and sewer service shall be provided to all manned structures, provided that where, in the opinion of the city, the proposed use is of a size or character which will not require on-site water and sewer (i.e. no preparation of food on premises or no indoor seating of patrons), this requirement may be waived. Any request for waiver of this requirement shall provide: (1) written evidence that the host structure will provide permanent rest room facilities for the employees and that such facilities are conveniently located to the structure and will be accessible during all periods of operation and; (2) written evidence from the city-county health department that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be properly disposed of.

9.

The total surface area of all signs associated with the ancillary structure shall be not more than thirty-two square feet.

10.

The area used in locating the ancillary structure and the appurtenant area and advertising signs associated therewith shall not have the effect of decreasing the off-street parking, access, sign areas or other regulated elements of the host structures to less than required under the zone.

11.

The right to occupy the location shall be secured by written agreement with the owner of the host parcel. Said agreement shall address the question of use of rest room facilities by employees where required, responsibility for maintenance and restoration of the site upon termination of use. A copy of the proposed agreement shall be submitted as part of the application.

C.

Continuing obligation. All ancillary uses and structures shall be operated in accordance with the terms of this section and any conditions attached pursuant hereto. Upon approval by the planning commission the applicant shall be eligible to acquire a business license to operate. Issuance of the license shall be conditioned upon continued performance of the conditions of approval and said license shall be refused or revoked upon failure of the owner and/or operator to maintain or operate the use in accordance therewith.

D.

Length of approval.

1.

Approval for those structures placed on permanent foundations and not requiring periodic health approval shall be without limitation as to time.

2.

Approval for non-permanent structures and those requiring periodic health department approval shall be valid for a period of one year but will be automatically renewed upon acquisition of a business license for the current year and upon determination by the city that the operation is substantially the same as when initially approved.

3.

Uses which are seasonal in nature may be reopened during the succeeding season provided that any use involving the dispensing of food shall, prior to reopening, provide to the city written notice of re-certification from the city-county health department.