Small Box Store Ordinance
DRAFT December 13, 2022 AN ORDINANCE TO AMEND THE CODE OF DEKALB COUNTY, GEORGIA, CHAPTER 27, AND FOR OTHER PURPOSES. AS PRESENTED BY LORRAINE COCHRAN-JOHNSON
PART I. ENACTMENT
By amending section 27-9.1.3, by amending the use table in section 27-4.1.3, by adding section 27-4.2.60, and by adding section 27-4.2.28(I) as follows:
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Sec. 9.1.3. Defined Terms.
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Small-box discount retail store means a retail store characterized by the following: 16,000 square feet or less in size; offers, for sale, a variety of convenience shopping goods (e.g. household products, cleaning supplies, paper goods, plasticware, health/beauty products, party supplies, toys, prepackaged food, novelty items, seasonal goods, impulse products, etc.); continuously offers its inventory for sale at a price lower than traditional retail stores; and a limited service environment. “Small box discount retail store” does not mean a retail store that contains a pharmacy, sells gasoline or diesel fuel, or primarily sells specialty food items including meats, seafood, cheese, or oils and vinegars.
Sec. 4.2.60 Small-Box Discount Stores.
(A) Purpose and Findings. Small box discount retail stores provide a valuable service to the residents and patrons of unincorporated DeKalb County but also exhibit some negative relationships with public health, safety and welfare. The county hired Analytic Trial Consultants, LLC, to study the relationships between small box discount retail stores and the public health, safety, and welfare in unincorporated DeKalb County. That study, dated January 24, 2022, which is attached and incorporated herein by reference, found that small box discount retail stores in unincorporated DeKalb County exhibit some negative relationships with public health, safety, and welfare, especially when located in proximity to convenience stores. The Board of Commissioners seeks to ameliorate those negative relationships via the regulations contained in this ordinance.
(B) Distance Requirement. No small box discount retail store shall be permitted within one-half mile (i.e., 2,640 feet) of any existing small box discount retail store or convenience store as defined in Sec. 4.2.28 of Chapter 27 of this Code. For purposes of this subsection, distance shall be measured from the nearest property line of the subject property to the nearest property line of any property on which an existing small box discount retail store or convenience store is located. This provision shall not apply to any small box discount retail store relocating within one thousand feet (1,000) of its current location.
(C) Supplemental Regulations.
(1) The following supplemental regulations shall apply to all small box discount retail stores:
- (a) A minimum of ten percent (10%) of the sales floor area must be dedicated to the sale of lean proteins, healthy grains, fresh or frozen meats, fruits, vegetables, and/or dairy products.
- (b) A customer service phone number for reporting customer complaints related to business operations and upkeep shall be posted and displayed inside and outside the establishment.
- (c) The entire premises, including the interior, exterior, parking lot, and waste management area, shall be monitored and recorded by security cameras at all times. Recorded surveillance footage shall be stored for at least thirty (30) days to facilitate investigations of criminal activity occurring on the premises.
i. Subsection (C)(1)(c) shall apply whether the premises is owned or leased by the operator.
ii. Small box discount retail stores may apply for an administrative waiver from subsection (C)(1)(c) through the procedures set forth in Sections 7.6.6 and 7.6.7 of Chapter 27 of this Code.
(2) In addition to the supplemental regulations set forth in subsection (C)(1), the following supplemental regulations shall apply to standalone small-box discount retail stores:
- (a) Standalone small box discount retail stores must comply with all applicable code provisions, including but not limited to the design standards set forth in Article 5 of Chapter 27 of this code, except as provided herein.
- (b) The exterior of the premises shall be adequately illuminated from sunset to sunrise. A photometric lighting plan must be provided.
- (c) Dumpsters, waste, recyclables, and waste management equipment shall be enclosed per Section 5.4.6 of Chapter 27.
(3) In addition to the supplemental regulations set forth in subsection (C)(1), the following supplemental regulations shall apply to small box discount retail stores located in shopping plazas or multi-tenant buildings:
- (a) No small box discount retail store shall be an anchor establishment within a shopping plaza or mixed-use building. Anchor establishment means the largest retail establishment within a shopping plaza or mixed-use building.
- (b) This provision shall not apply to a small box discount retail store that dedicates at least twenty-five percent (25%) of the sales floor area to lean proteins, healthy grains, fresh or frozen meats, fruits, vegetables, and/or dairy products.
(D) Legal Nonconforming Use. Any currently existing small box discount retail store operating pursuant to a valid business license and certificate of occupancy issued prior to the effective date of this Ordinance shall be a legal, nonconforming use and/or structure as defined in Article 9 of Chapter 27 of this Code, and shall be exempt from the provisions of this section.
- No new convenience store shall be permitted within 3,960 feet (i.e., three-fourths of a mile) of any currently existing small box retail discount store.