Label
Small Box Discount Stores
Plan Commission
Title
Amending Toledo Municipal Code (TMC), Part Eleven, Chapters, 1104.0100 Use Table, Chapter 1104.2600 Small Box Discount Stores, and Chapter 1116.0200 Use Categories; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Resolution 166-20, adopted by Council on May 20, 2020, requested that the Plan Commission initiate a study to research the impact of the proliferation of Small Box Discount Stores on the public health and safety of surrounding neighborhoods. Plan Commission Staff has completed this study and proposes a text amendment to the Toledo Municipal Code based upon its findings.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Subsection 1104.0100 which reads as follows:
See Exhibit A attached.
Be amended to read as follows:
See Exhibit B attached.
SECTION 2. That a new Toledo Municipal Code, Part Eleven, Chapter 1104, Subsection 1104.2600 is created to read as follows:
Section 1104.2600 Small Box Discount Stores
The following standards apply to small box discount stores with a floor area between 5,000 and 15,000 square feet.
1104.2601 Spacing Requirements
A. A small box discount store shall not be located within a 10,560-foot (2 mile) radius of another small box discount store.
B. The distances specified in this section shall be measured per TMC§1106.0208, Distances for Spacing Requirements.
C. The spacing requirements of this Section do not apply to small box discount stores that are authorized WIC vendors through the Ohio Department of Health.
SECTION 3. That a new Toledo Municipal Code, Part Eleven, Chapter 1116, Subsection 1116.0246.0002 is created to read as follows:
1116.0246.0002 Small Box Discount Store
A store with a floor area between 5,000 and 15,000 square feet that offers food and/or beverages for off-premise consumption, household products, personal grooming and health products, and other consumer goods that generally cost less than ten dollars ($10.00). It does not include stores that contain a prescription pharmacy, contain gasoline or diesel pumps, primarily sell specialty food items, or meet the criteria for being a certified WIC Vendor through the Ohio Department of Health.
SECTION 4. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide for the orderly development of the area and to protect the land values in the area.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council