Zoning Regulations
Examples and Resources
Size Cap, Frankenmuth, Michigan
This proposed ordinance requires that “the floor area of a retail store, whether located in a single building, combination of buildings, single tenant space and/or combination of tenant spaces, shall not exceed sixty thousand (60,000) square feet.” To prevent a developer from building two stores…
Ballston, New York, Moratorium (2005)
Facing a proposed supercenter, the Town Board proposed and passed a moratorium on building and development for a six month time period with the option to extend the moratorium after the six months, if required, while the Comprehensive Plan Review Committee reviews the Comprehensive Plan.
Interim Zoning Prohibiting Shopping Centers (1996)
New Paltz, New York The town passed an “interim rescission” of its zoning code, to “encourage and regulate the development of the appropriate scale shopping centers consistent with the general goals and specific objectives of the newly adopted Comprehensive Plan.” The New Paltz Comp Plan said…
Fort Collins, CO. Zoning Moratorium (1994)
A city ordinance that allowed Fort Collins to establish a six-month suspension of the processing of retail superstores (stores 80,000s.f and bigger). Has the basic “whereas” clauses that could be adapted to other communities. The moratorium lays out its objectives, including “develop appropriate…
Core Area Design Guidelines Manual (1996)
The city of Eureka, California produced a manual on Design Guidelines to govern its core retail area, but also its waterfront area, residential, office, and industrial districts. The Guidelines include storefronts, building additions, streetscape design, signs, and a helpful glossary of terms. The…
Local Impacts Caused By Major Developments That Abut, Adjoin or are Adjacent to the Town (2000)
Mamaroneck, New York. This ordinance was drafted in response to a huge IKEA furniture store proposed for neighboring New Rochelle that was never approved. “Major development projects in areas that abut../.can result in substantial impacts to the streets and areas that surround them. The ordinance…
Fauquier County, VA Special Permit Zoning (1996)
The county’s zoning code used to allow stores greater than 50,000 s.f. in the commercial zoning district “by right” with only a site plan approval. Site plan approval is generally limited to just the technical aspects of parking, landscaping, etc. To allow the county to do a more thorough review…
Special Use Permit Findings, Stanislaus County, California
Classic way to gain more control over big box stores. This ordinance applies to any retail store over 65,000 s.f. Must also have a section on Use Permits that spells out what the criteria are for denying a special permit. In this case the county must find that 1) the proposed use is consistent with…
Special Use Permits Findings, Pittsfield, Massachusetts
This is another typical example of a zoning code that requires the Special Permit Granting Authority, which could be a Planning Board or a Zoning Board, to come up with a list of “findings” before granting a special permit. In Pittsfield, the proposed use must meet 5 criteria: 1) Is in compliance…
Size Cap, Hailey, Idaho (2005)
Following through on an excellent Comp Plan, Hailey provides a good example of the power of a local ordinance to prevent a huge company from swallowing a small town. The Hailey size cap requires: “1) Buildings or structures containing an Individual Retail/Wholesale Trade shall be limited to an aggregate…
