A city, town, or county may enact ordinances regulating the use of land and zoning certain development and activities within its jurisdiction. Such regulations generally include, among other things, the use of buildings, structures, and land for residence, commercial, industrial, or other purposes.

A city, town, or code city may allow neighborhood caf?s to be permitted in any zone allowing residential uses, provided the following conditions are met: 

• the total gross floor area of the caf? or store must be at least 500 square feet and may not exceed a maximum gross floor area allowed by the city, town, or code city;
• there are no drive-through facilities;
• the caf or store does not offer or sell alcoholic beverages; and
• the caf? or store is located on a street where there is more than one means of egress for vehicle traffic. 

Cities, towns, and code cities may limit the hours of operation, noise, signage, and freight traffic for neighborhood caf?s or stores.
 
A neighborhood caf? is defined as an establishment that serves a limited menu of food items and has at least 500 square feet of gross floor area. A neighborhood store is defined as a convenience grocery store or mini-market that provides a variety of convenience items that may include, but is not limited to, food, beverages, and household items. A neighborhood store must be at least 500 square feet of gross floor area. 

• Authorizes, rather than requires, a city, town, or code city to allow neighborhood caf?s or stores to be permitted in any zone allowing residential uses if the caf? or store meets certain requirements.
• Provides that the caf? or store must be at least 500 square feet and may not exceed a maximum gross floor area allowed by the city, town, or code city.
• Prohibits a neighborhood caf? or store from offering or selling alcoholic beverages.
• Clarifies that the caf? or store must be located on a street, rather than in an area, where there is more than one means of egress for vehicle traffic.
• Authorizes a city, town, or code city to limit the noise, signage, and freight traffic in addition to the hours of operation for neighborhood caf?s and stores.

The committee recommended a different version of the bill than what was heard. PRO: These kinds of places has diminished over the last few decades. This bill brings back community, helps small businesses, and creates community. Local governments would have to allow this but there is some give and take within the bill to allow them to establish parameters like ingress and egress.

OTHER: This bill has a good intent but needs a few amendments to be workable for cities. This includes adding language that allows cities to establish a maximum gross floor area, and regulate noise, signage, and freight traffic. The bill should also include language to ensure that the minimum parking spaces included in the bill are in addition to what is required under the Americans with Disabilities Act. Small cities will have trouble providing enough staff to support establishing and facilitating a program like this, so the bill should be amended to apply to cities over 5000 in population. Cities would like flexibility to choose whether to implement the parking or drive through regulations, and have the flexibility to choose one or the other and not be required to implement both. Cities would also like to have the ability to regulate bike parking on the premises. Community members would like provisions  that prohibit cities from limiting the hours of operation to something infeasible, such as a one hour window of operation. There should also be language that would allow small neighborhood grocers.