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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

WHEREAS, the DeKalb County Board of Commissioners is authorized to adopt ordinances regulating land use for the public health, safety, and welfare;

WHEREAS, the Board of Commissioners recognizes that small box discount retail stores provide a valuable service to the residents and patrons of unincorporated DeKalb County but also exhibit negative relationships with public health, safety, and welfare;

WHEREAS, the Board of Commissioners approved a Resolution imposing a moratorium on applications related to the establishment or expansion of currently existing small-box discount retail stores to study the effects of small-box discount retail stores on the health, safety, and welfare of the County’s residents and businesses, and to consider appropriate action to address those effects;

WHEREAS, county staff hired Dr. Dean Dabney and Dr. Leah Daigle of Analytic Trial Consultants, LLC to conduct a study of small box discount retail stores in unincorporated DeKalb County to evaluate the effects of those stores on public health, safety, and welfare;

WHEREAS, the study found that small box discount retail stores in unincorporated DeKalb County exhibit some negative correlations with public health, safety, and welfare;

WHEREAS, Dr. Dabney and Dr. Daigle presented the study’s findings to the Planning, Economic Development, and Community Services (“PECS”) Committee on May 3, 2022,

WHEREAS, Dr. Dabney and Dr. Daigle presented the study’s findings to the Board of Commissioners during a public hearing on May 26, 2022, DRAFT December 13, 2022

WHEREAS, the Board of Commissioners held six public hearings on the proposed ordinance between May and December of 2022, and has received significant input from both members of the industry and members of the community; and

WHEREAS, the Board of Commissioners seeks to ameliorate those negative relationships with public health, safety, and welfare via the following text amendments to Chapter 27 of the Code of DeKalb County, NOW THEREFORE, BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, that Chapter 27 of the Code of DeKalb County, as Revised 1988, is hereby amended as follows:

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.

Commissioner Lorraine Cochran-Johnson Small Box Store Ordinance chart, lorrainefordekalbceo,

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.

Sec. 27-4.2.28. Fuel pumps are associated with large retail, convenience stores, gas stations, and service stations. ***
  • 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.
  *** PART II. EFFECTIVE DATE This ordinance shall become effective upon adoption by the Board of Commissioners and approved by the Chief Executive Officer. PART III. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance, are repealed.

ADOPTED by the DeKalb County Board of Commissioners, this ___ day of _______, 2022. ________________________________ROBERT J. PATRICK Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, this __ day of ______, 2022. ________________________________ MICHAEL L. THURMOND Chief Executive Officer DeKalb County, Georgia ATTEST: _______________________________ BARBARA SANDERS-NORWOOD, CCC Clerk to the Board of Commissioners And Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: _______________________________ VIVIANE H. ERNSTES County Attorney DeKalb County, Georgia APPROVED AS TO SUBSTANCE: ___________________________ ANDREW BAKER Director of Planning and Sustainability DeKalb County, Georgia
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