§ 11-4.5.1  BUSINESS RETENTION; SMALL BOX/VARIETY STORES; COMPETITION AND REGULATION.
   (A)   Administration; intent and purpose. The purpose of this section is to maintain and support the health and welfare of the citizens of Plainview, by:
      (1)   Promoting a community-based approach to the support and preservation of existing businesses that:
         (a)   Provide a business environment that devotes in excess of sixty percent (60%) of square footage to food products, including access to a full range of foods, fresh produce, fresh meats and dairy products; and/or
         (b)   Provide full service licensed pharmacy services, as well as over the counter drug products, support for drug programs at local medical and care facilities, and all related products normally stocked in a full-service pharmacy;
      (2)   Providing a community business structure that allows the business mentioned above to survive and thrive; and
      (3)   Avoiding over-concentration of small box discount or variety stores, as defined below, that would threaten the financial viability and/or existence of such food and pharmacy providers and businesses within the City of Plainview.
   (B)   Definitions. The following terms shall have the meaning provided herein. Terms not defined herein shall have the meaning provided in the City of Plainview Zoning Ordinance and/or City Subdivision Regulations.
      GROCERY STORE.  Retail store that provides assorted goods for sale, including but not limited to, food, beverages and personal health items. A minimum of twenty-five percent (25%) of sales floor area or more than three thousand (3,000) square feet of sales floor are dedicated to the sale of fresh or pre-packaged meats, fruits, vegetables ,and dairy, whichever is greater.
      SMALL BOX DISCOUNT STORE.  Retail store that provides assorted, inexpensive items that are continuously offered at a discounted price that is usually under ten dollars ($10) per item. Products sold typically include processed food and drink items, personal hygiene products, household products, clothing items, office supplies and decorations. Gross floor area is typically less than twelve thousand (12,000) square feet. Does not include convenience retail stores.
      CONVENIENCE RETAIL STORE.  Retail store that provides fuel and assorted or specialty goods for sale, including food and beverages for off-premise consumption and personal health items. Small box discount stores are not included.
   (C)   Regulations of small box discount stores. To avoid over-concentration, a new small box discount store within the City of Plainview Zoning Jurisdiction shall not be closer than one (1) mile (five thousand, two hundred and eighty (5,280) feet) from another existing small box discount store. If located at least five thousand, two hundred and eighty (5,280) feet from another such store, this use is permitted by special use permit ("SUP") only. In addition to the criteria for a SUP set forth in the Zoning Code, when reviewing a request for SUP for a discount store use, the Planning Commission and City Council shall consider:
      (1)   Whether the proposed discount store may have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use;
      (2)   The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one (1) mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention;
      (3)   Whether the proposed use is within an area that may become a food desert, as defined by the United States Department of Agriculture at the time of application; and
      (4)   Whether the proposed use may have a detrimental impact on the development or survival of full-service pharmacies. 
(Ord. 964, 3/3/21)