(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 prescription 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 prescription 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.
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.
DETRIMENTAL IMPACT. In considering detrimental impact, the City Council shall consider the following:
(a) The distance between Plainview and the nearest grocery stores;
(b) The distance between Plainview and the nearest full-service prescription pharmacies;
(c) The average age of Plainview residents;
(d) Whether the applicant small box discount store will devote floor space to fresh vegetables and fruit, fresh meats and dairy products; and
(e) The population of adults in Plainview without driver's licenses.
FULL-SERVICE PRESCRIPTION PHARMACY. Business providing prescription medications and pharmaceutical products in addition to over-the-counter medical products, snacks, cleaning products, health and beauty products and sundries. A FULL-SERVICE PRESCRIPTION PHARMACY employs a licensed pharmacist.
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 prepackaged meats, fruits, vegetables ,and dairy, whichever is greater.
SMALL BOX DISCOUNT STORE. A retail store with a floor area ranging from two thousand to fifteen thousand (2,000 to 15,000) square feet that offers for sale an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, household products, personal grooming and health products and other consumer goods, with the majority of items being offered for sale at lower than the typical market price. SMALL BOX DISCOUNT STORES do not include grocery stores; convenience retail stores; full-service prescription pharmacy; or stores which sell gasoline or diesel fuel; primarily sell specialty food items (e.g., meat, seafood, cheese, or oils and vinegars); or dedicate at least fifteen percent (15%) of floor area or shelf space to fresh fruits and vegetables.
(C) Regulations of small box discount stores. To avoid over-concentration, to be a permitted use within an otherwise acceptable zoning district, a new small box discount store within the City of Plainview Zoning Jurisdiction shall not be closer than one (1) mile (5,280 feet) from another existing small box discount store. If located under five thousand two hundred 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 small box discount store may have a detrimental impact on the development of grocery stores and other businesses that sell fresh food items in the area to be served by the proposed use.
(2) Whether the proposed use may have a detrimental impact on the development or survival of full-service prescription pharmacies.
(Ord. 964, 3/3/21) (Amended by Ord. Nos. 972, 1/11/22; 978, 7/12/22)