Code Section: 703.4
Subject: Formula Retail
Effective Date: 09/07
Interpretation:
This paragraph requires Conditional Use authorization for all new formula retail uses (as defined by Section 703.3(c)) in any Neighborhood Commercial District. The Zoning Administrator has determined that a change from one formula retail use to another requires a new Conditional Use authorization in Neighborhood Commercial Districts, whether or not a Conditional Use authorization would otherwise be required by the particular change in use in question. This Conditional Use authorization requirement also applies in changes from one Formula Retail operator to another within the same Article 7 use category.
However, from time to time, corporations that operate formula retail outlets are purchased in whole or in part by other corporations, often resulting in a name change and necessity for new signage or minor exterior alterations, which require a valid signage or building permit approved by the Planning Department for a number of outlets. A situation arose where a number of outlets of an existing supermarket chain that met the definition of formula retail under the Planning Code were purchased by another supermarket chain that also met the definition of formula retail. The new corporate owner would continue what was considered by the Zoning Administrator to be essentially the same type of operation, with the only major change being the store name. The store size was to remain the same, and the merchandise offering, aside from store brands, would be very similar, providing essentially the same retail service as offered previously. It is hereby determined that the requirement for a new Conditional Use authorization in such cases shall not apply to a change in a formula retailer that meets both of the following criteria:
- the formula use operation remains the same in terms of its size, function and general merchandise offering as determined by the Zoning Administrator, and
- the change in the formula retail use operator is the result of multiple existing operations being purchased by another formula retail operator.
The new operator shall comply with all conditions of approval previously imposed on the existing operator, including but not limited to signage programs and hours of operation; and shall conduct the operation generally in the same manner and offer essentially the same services and/or type of merchandise; or seek and be granted a new Conditional Use authorization.