Fredericksburg, TX Draft Formula Business Ordinance

Type: Ordinance

Status: Draft released on 3/10/08

Source File: http://www.fbgtx.org/press/formula.htm

Description:

For a complete copy of the DRAFT ordinance, click HERE

The proposed ordinance will utilize the existing Conditional Use Permit structure.

Highlights are:

It will apply to the following area only:

• Properties between Elk and Acorn (both sides of Acorn), and San Antonio and Austin (both sides of both). A map of the area will be attached to this ordinance.

No business will be allowed to consolidate spaces.

Standardized Businesses are defined as: a business which is required by contractual or other arrangement or affiliation to maintain one or more of the following items: standardized (“formula”) array of services and/or merchandise, trademark, logo, signs, service mark, symbol, decor, architecture, layout, uniform, menu, or similar standardized features and which causes it to be substantially identical to more than ten (10) other businesses regardless of ownership or location at the time the application therefor is completed.

Standardized Businesses must obtain an Conditional Use Permit to locate in the Downtown Shopping District.

Criteria:

§ the existence of such business will not:

(1) materially alter the general characteristic of the surrounding area of the small town German and Hill Country environment,

(2) detract from the uniqueness of, nor materially alter the identity of, the Downtown Shopping District,

(3) contribute to the nationwide trend of standardized offerings, or

(4) impair the intent of this ordinance or the comprehensive plan of the City; and

§ the business will:

(1) add diversity to the mix of businesses in the area including type of service, amusement, product, price range and the like,

(2) will complement those businesses already in the Downtown Shopping District,

(3) help promote and foster the local economic base as a whole,

(4) is currently existing in the District or is regionally or locally based or is serving a community need or local demand, and

§ The City (through P&Z and Council) shall require that a Standardized Business:

(1) will not utilize or contain the features or attributes of a Standardized Business except the service, product or amusement, and a two square foot sign showing the business affiliation,

(2) be pedestrian oriented,

(3) utilize a unique visual appearance, and

(4) not be in such close proximity to other Standardized Businesses to significantly destroy a mix of businesses

§ The City may place other reasonable conditions provided that such conditions promote the goals of the ordinance. Examples: hours of operation to conform with other businesses or the addition of architectural features to maintain the character and architectural look of the area.