Newton County reviews UDO changes to limit convenience-store impacts, including 2‑mile spacing

Newton County officials reviewed a draft amendment to the county's Unified Development Ordinance (UDO) aimed at tightening rules for convenience stores, County Attorney Stephanie Johnson told commissioners at a special work session.

Johnson said the draft would retain existing standards on lighting, screening and a 5,000 square‑foot gross leasable area limit while adding new provisions: a 2‑mile separation requirement between convenience stores and similar uses measured from property line to property line, clarified canopy and site lighting tied to the UDO lighting division, more specific screening specifications, a proposed cap on fuel pumps (12 unless the board allows otherwise), and a one‑year requirement that substantial construction commence after permit issuance. The draft also includes a general compliance clause requiring convenience stores to meet applicable local, state and federal laws and recommends a process for the zoning administrator to notify the board if a permitted site remains undeveloped.

Why it matters: Proponents said the changes are designed to protect public health, safety and residential areas by reducing traffic and crime risks, limiting large gas‑station footprints and ensuring properties do not remain undeveloped in name only.

Johnson described several cross‑cutting topics the draft leaves for further drafting or for placement elsewhere in the county code, including landscaping standards (with a proposed 30‑day replacement rule for dead or diseased plants), property‑maintenance rules, restrictions on outdoor storage behind stores, access and traffic‑impact requirements, and enhanced security measures such as cameras for extended‑hour operations.

Commissioners raised practical and legal questions. One commissioner urged that language now referenced to other UDO sections be incorporated or clarified to avoid losing standards when sections are renumbered and asked for a clear definition of “substantial construction” to prevent token site work from preserving approvals. Another asked the county to adopt a standardized measurement method—using GIS or a different approach—to make the proposed 2‑mile separation enforceable.

Several commissioners voiced concerns about current convenience‑store operations. Commissioner Henderson said many proposed stores include alcohol sales and video gambling machines and argued such concentrations can harm underserved neighborhoods and exacerbate food‑access problems. “We need to find a way to slow it down,” he said. Another commissioner described local stores that appear to function more like gambling venues than food retailers and raised the possibility of restricting video gambling machines in new convenience‑store approvals.

Commissioner Evans asked whether some requirements could apply to existing convenience stores that have persistent problems such as trash and poor maintenance, noting legal constraints on applying new rules retroactively. Commissioner Mason urged stronger landscaping and maintenance standards for overlay districts such as the Salem overlay and asked whether the UDO can require higher standards (for example, regular edging and weed control) that code enforcement could act on.

Health‑inspection and food‑safety questions also arose. Commissioner Long asked whether prepared foods sold at some convenience stores (hot‑dog machines, unpackaged hot foods) are inspected by the health department and said he would follow up with public‑health staff.

No vote was taken. Johnson and staff said they would refine draft language, including clarifying measurement methods, enforcement procedures and whether particular items (security cameras, fuel‑pump caps, or video gambling restrictions) should be in the convenience‑store section of the UDO or handled elsewhere in the code. The board adjourned the work session and planned to reconvene at 7 p.m.

Documented details from the session: the draft preserves a 5,000‑square‑foot size cap; proposes a two‑mile minimum separation measured property‑line to property‑line; contemplates a 12‑pump cap unless the board exempts a project; and would require substantial construction to commence within one year of permit issuance or trigger zoning‑status review by the zoning administrator.

What’s next: Staff will return with revised draft language and clarifications as requested by commissioners; no formal action or ordinance reading occurred at the session.