The purpose of this chapter is to establish a comprehensive
set of regulations which shall apply to the placement and the manner
of operation of all mini-malls in the city.
(Prior code § 9475)
For the purpose of this chapter:
"Business tenant"
means a person or entity who, by an oral or written lease
or license, is permitted to conduct, within a mini-mall, a business
involving, primarily, the sale of new or used goods or merchandise.
"Mini-mall"
means a business enterprise housing five or more separate
business tenants, located in a building, utilizing common exits and
entrances, each of whom is engaged in the business of selling new
or used goods or merchandise; mini-mall shall include "swap meet."
(Prior code § 9476)
No person shall conduct, operate or participate in the conduct
of a mini-mall without first obtaining a conditional use permit therefor
in the manner prescribed in this title.
(Prior code § 9477)
No person shall engage in the conduct of a mini-mall except
in compliance with the following development standards, which shall
apply to each mini-mall located in the city:
A. Off-Street
Parking. One off-street parking space shall be provided and maintained
for each 200 square feet of gross floor area of the building housing
the mini-malls; the required off-street parking facilities shall be
permanently provided and maintained in accordance with the provisions
of this title.
B. Loading
Space. A minimum of one loading space, measuring at least 20 feet
by 40 feet shall be permanently provided and maintained; the same
shall be located so as not to interfere with the use of required off-street
parking facilities.
C. Landscaping.
Not less than six percent of the gross area of the lot upon which
a mini-mall is located shall be suitably landscaped and permanently
maintained.
D. Compliance
with Laws. All laws and regulations relating to the facilities for
handicapped, shall be complied with.
E. Restroom
Facilities.
1. Public
Facilities. There shall be provided and maintained, available for
the use of members of the public, a minimum of two water closets for
females and one water closet and a urinal for males.
2. Tenant
Facilities. In addition to the public facilities there shall be provided
and maintained for employees a minimum of one water closet facility
for each gender for each business tenant space in the mini-mall.
F. Aisles.
All pedestrian aisles shall be a minimum of 10 feet in width.
G. Ventilation.
There shall be adequate heat, light and ventilation for the building
in which the mini-mall is located and for each business tenant space.
An analysis of, and plan for, the heating, lighting and ventilation
shall be completed by a licensed engineer and submitted to the director
of community development for approval; the heating, lighting and ventilation
shall be provided and maintained in accordance with such approved
plan.
H. Electrical
Fixtures. Adequate permanent electrical fixtures and outlets shall
be made available for each business on the site. An electrical output
analysis and plan shall be prepared by a licensed engineer and shall
be submitted to the director of community development for approval.
The electrical fixtures and equipment shall be installed in conformity
with such approved plan.
I. Minimum
Floor Area. The floor area which shall be exclusively provided for
each business tenant shall be a minimum of 150 square feet, 20% of
which shall be allotted for storage, which storage area shall be fully
secured.
J. Security
Doors. Roll-up painted steel doors shall be provided for the security
of each business tenant space. Doors shall be of open grate material
or solid steel. Sliding scissor-type doors or grates shall not be
permitted.
K. Partitions.
Metal or wood studs, drywall taped, textured and painted shall be
used to partition each business tenant space. Each such business tenant
space shall be partitioned on at least three sides with partition
walls of a height of not less than five feet, six inches.
L. Street
Addresses. Each business tenant shall have a street address designation.
M. Sales
Receipts. Each business tenant shall provide sequential sales receipts
to each customer and shall maintain records of the same for accounting
and tax purposes.
N. Retail
Sales Order. All sales shall be at retail, no wholesale sales shall
be permitted.
O. Business
License—Tenants. Each business tenant shall have, at all times,
a valid current city business license and a valid current state sales
tax resale certificate, each of which shall be prominently displayed
in the space assigned to each such business tenant.
P. Business
License—Owners. The owner and/or operator of each mini-mall
shall have, at all times, a valid current city business license, and,
such owner and/or operator if engaged in the sale of goods and merchandise,
a valid current state sales tax resale certificate, which shall be
prominently displayed.
Q. Requirements
Acceptable to Owners. An owner and/or operator engaged in such sales
shall comply with all other requirements of this part applicable to
business tenants.
R. Sound
Equipment. No loudspeakers or sound equipment shall be used on the
premises of a mini-mall which can be heard from the exterior of the
building in which the same is located.
S. Location
of Merchandise Within Buildings. No merchandise or material shall
be located, stored or offered for sale outside of the spaces assigned
to business tenants.
T. Uses
Located Within a Building. No merchandise or material shall be located,
stored or offered for sale except within a building.
U. Minimum
Gross Floor Area. The minimum gross floor area of a building housing
a mini-mall shall be not less than 8,000 square feet.
V. Managers.
There shall be a manager on the mini-mall premises at all times during
its hours of operation who shall be responsible for the operation
of the mini-mall and who shall be responsible for enforcement of all
development standards set forth in this chapter, as they apply to
business tenants.
W. Duties
of Owner/Operator. The owner/operator of a mini-mall shall be obligated
to require compliance with these development standards, and all other
applicable laws, by each and every business tenant or licensee located
upon the site.
X. Security
Services. Each mini-mall shall be provided with adequate security
personnel, the level and extent of which shall be determined as a
part of the conditional use permit process.
(Prior code § 9478)