The proposal herein is a separate amendment to section 102-379 of the City Code, to establish a vitamin shop business tax receipt (BTR) category. The companion Ordinance amendment creating vitamin store regulations in the LDR’s includes the following provisions:
1. Amend section 114-1 of the Land Development Regulations (LDR’s) to create a definition for “vitamin shop” as follows:
Vitamin shop means any commercial establishment where the primary use is selling one or more of the following products: health supplements, including vitamins, nutritional supplements, dietary supplements, consumable hemp products, or performance enhancers.”
2. Establish Division 12, to be entitled “Vitamin Shops” under Chapter 142, Article V, of the LDR’s entitled “Specialized Use Regulations,” as follows:
a. Create regulations for vitamin shops where they are the primary use.
b. Establish a minimum distance separation requirement of 1,200 feet between vitamin shops.
c. Establish a minimum distance separation requirement of 500 feet between vitamin shops and schools.
d. Create standards for determining distance separation requirements.
e. Create regulations where vitamin shops are an accessory use to another type of commercial establishment. In such a situation, where the vitamin shop is an accessory use, and not the primary use, the establishment would not be subject to the distance separation requirements; however, it would be subject to the following additional requirements:
i. No more than 10 percent of the floor area may be used for vitamin shop goods.
ii. Exterior signage would be prohibited related to the vitamin shop use and related products.
iii. Vitamin shop merchandise must not be visible from public rights-of-way.
3. Amend section 142-335 (b) of the LDR’s, pertaining to prohibited uses in the CD-3 district fronting Lincoln Road between Alton Road and Collins Avenue, to add “vitamin shops” to the list of prohibited uses.
UPDATE
On December 14, 2022 the subject Ordinance was approved at First Reading with no changes.