Ordinance 964

 

 

ORDINANCE NO. 964

 

 

AN ORDINANCE OF THE CITY OF PLAINVIEW, NEBRASKA, to create a new code section in Chapter 11, Municipal Planning, Article 4.5, Section 11-4.5.1, Business Retention, Small Box/Variety Stores.  Competition and Regulation

 

WHEREAS, the Mayor and City Council of the City of Plainview recognize that maintaining a full-service grocery store and a full-service pharmacy in a community the size of Plainview is of significant importance to the health and welfare of the citizens of Plainview and the surrounding area; and

 

WHEREAS, many similar small communities have lost their grocery stores and/ or pharmacies due to lack of volume of sales, and other over competition from other types of businesses that operate of a higher volume or low margin format, but frequently also offer less of the high quality fresh and healthy food products and full service pharmacy products; and

 

WHEREAS, it is the policy of the City of Plainview to attempt to structure and regulate the community business environment to support and maintain the best support for the health and welfare of its citizens;

 

 

NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA that 11-4.5.1 be created as follows:

 

 

Section 1. Administration;

 

Intent and Purpose.  The purpose of this ordinance 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 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;

 

 

Section 2. 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.

 

  1. Grocery Store:  Retail store that provides assorted goods for sale, including but not limited to, food, beverages and personal health items.  A minimum of 25% of sales floor area or more than 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. 

 

  1. Small Box Discount Store:  Retail store that provides assorted, inexpensive items that are continuously offered at a discounted price that is usually under $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 12,000 square feet.  Does not include convenience retail stores.

 

  1. 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.

 

Section 3. 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 1 mile (5,280 feet) from another existing small box discount store.  If located at least 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 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.

 

4.      Whether the proposed use may have a detrimental impact on the development or survival of full-service pharmacies.

 

 

PASSED AND APPROVED THIS 3rd day of March, 2021.

 

 

 

 

 

Brian Schlote, Mayor

 

 

 

ATTEST:

 

 

 

Courtney Retzlaff, City Clerk

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