Laserfiche WebLink
BOOK <br />4. After reading the documents in this matter, and analyzing all the information <br />available to me I conclude as follows: <br />a) The Bureau of Census has created and maintains the SIC Code. <br />b) The Bureau of Census SIC Code is a complex multi level classification <br />system that in its most detailed form defines "grocery stores" and <br />"supermarket" as distinct and mutually exclusive categories and uses. In <br />other words, supermarkets and groceries are not synonymous terms in the <br />SIC Code, nor can they be considered to have similar characteristics for <br />purposes in urban planning. <br />c) The Indian River County Planning Staff inappropriately applies a 1960 <br />conceptual nation of supermarket and neighborhood (shopping) center <br />(reproduced in this Affidavit as Exhibit "D') to the supermarket of today. <br />If correctly applied the result would be the permissibility of only very small <br />convenience and or specialty oriented supermarkets. As a general class of <br />retail activity supermarkets should not be a "permitted use"x in the Limited <br />Commercial (CL) zoning district. <br />d) Given the Indian River County Zoning Regulations for "Limited <br />Commercial" land use areas, specifically the requirement that a proposed <br />development "accommodate the convenience retail and service needs of <br />area residents, while minimizing the impact of such activities on any <br />nearby residents" and the general purpose and intent for Commercial <br />Districts... "to promote the economic well being of the county ... and <br />ensure commercial development compatible with existing and proposed <br />development," (Section 911.10 LDRs) the proposed Sea Mist Shoppes <br />violates the Indian River County Code. <br />5. In a letter to Mr. Warren W. Dill, dated May 9, 1994, Indian River County <br />Planning Staff states 'Me SIC (Standard Industrial Classification) treats grocery <br />stores and supermarkets as synonymous uses, giving the two words the exact same <br />classification (Category 5411)." To determine exactly how the Bureau of Census <br />defines "grocery store" and "supermarket" and how they classify them in the SIC <br />Code, I contacted Mr. Richard Graham, Assistant Chief, Cross Industries Branch, <br />Bureau of Census, Washington, D.C. and discussed the issue with him. Mr. <br />Graham faxed me the relevant page from the 1992 Industry and Product <br />Classification Manual (p. 274) and a copy of the actual survey form that Census <br />sent to food retailers in the 1992 Census. The entire fax is attached as Exhibit <br />"C". <br />6. The SIC code is a complex multi level classification system that in its detailed <br />form defines grocery stores and supermarkets as distinct mutually exclusive <br />categories and uses. Indian River County Planning Staff is correct when they state <br />=In the Limited Commercial "CL" zone, supermarkets come in too many formats and sizes, <br />and can adopt too many very different merchandising strategies to infer reliably that a supermarket <br />meets the requirements of the Indian River County Zoning Code. <br />29 <br />July 12, 1994 <br />r � � <br />