1138.01 PURPOSE AND DEFINITIONS
      (a)   Purpose. The regulations of this section are established to regulate the location of discount retail stores for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to avoid and reduce over-concentration and to maintain cleanliness for the health and safety of residents within our neighborhoods.
   (b)   Definitions. For purposes of this section:
      (1)    "Discount Retail Store" means a retail store of between two thousand (2,000) and twenty thousand (20,000) square feet that dedicates less than twenty percent (20%) of shelf space to fresh or fresh frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, personal grooming and health products, household goods and other consumer products that generally cost less than ten dollars ($10.00).
      (2)    "Fresh Produce" means fruits and vegetables that have not been processed in any manner. This term does not include such items as potted or dried herbs, wild rice, dried fruits and vegetables, raw nuts of any kind, popcorn, fruit or vegetable plants/seedlings, seeds/grains, flowers, maple syrup, cider, eggs, meat, cheese and seafood.
      (3)    "Fresh or Fresh Frozen Food" means food for human consumption that is in its raw state, or unprocessed; food that was quickly frozen while still fresh (blanching, blast freezing) and no deterioration has taken place.
      (4)    Exclusions. For purposes of this section, " discount retail store" does not include retail stores that sell gasoline or diesel fuel, contain a prescription pharmacy or dedicate at least fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce.
         (Ord. 037-2023. Passed 10-4-23.)