This law prohibits "small box discount variety stores" except "where located: (1) more than 5,280 feet or 1 mile from an existing small box discount variety store; and (2) 5 miles from an existing full-service grocery store." Small box discount variety stores that are at least 5,281 feet from another small box discount variety store may operate with a conditional use permit (CUP), which may only be granted upon meeting certain specified criteria and upon consideration of food access related factors including, for example, whether the proposed small box discount variety store will likely have a detrimental impact on the development of full-service grocery stores and other businesses that sell fresh and healthy food items in the area; and whether it is within a "food desert," as defined by the United States Department of Agriculture. A CUP approved under this section must stipulate that a minimum of 10 percent of the floor area of the small box discount variety store must be dedicated to fresh produce, meat and dairy products.
See reference to "food desert." Appendix A - Zoning, § 6.51(C)(3).
See e.g., references to "food desert," "healthy food options," and "retail food environment index as defined by the Centers for Disease Control and Prevention." Appendix A - Zoning, § 6.51 (C).
See e.g., this language: "detrimental impact on the development of full-service grocery stores and other businesses that sell fresh and healthy food items." Appendix A - Zoning, § 6.51(C)(1).
Relevant purpose language for the Zoning Appendix includes the following: "This Ordinance is intended to guide the growth and development of Clayton County in accordance with the Clayton County Comprehensive Plan and for the following purposes:....B. To promote the public health, safety, comfort, convenience, morals and general welfare." Appendix A - Zoning, § 1.4.
Appendix A - Zoning, § 1.5.