Local Government Control Of Commercial Development (1989)

Topics: Zoning Regulations

University of Wisconsin Dept. of Urban & Regional Planning. Lists many helpful legal cases for controlling sprawl. Helpful paper to give local officials to show them the “potential range of options” available to them. Describes many ways local citizens can control commercial development. Provides legal basis for a community to limit the amount of commercial property in its borders. Communities can also create “local retail districts that serve only daily shopping needs.” Communities can place a cap on the number of big box stores, or limit their proximity to similar uses. A community can require a developer to show evidence of the need for a requested change in zoning, and how it would promote the general welfare. Communities can say no because of lack of public need or inadequate market demand. You can even write an ordinance that requires the developer to show evidence that his site is the best possible site for commercial development. Courts have ruled that zoning can be used to revitalize downtowns by excluding new retail construction elsewhere even if the central business district has a virtual monopoly over retail business. This paper also discussed annexation, extraterritorial zoning, and how a community can sue another if a regional mall will create special damages to their downtown. This report also describes the important role of the Comprehensive Plan in requiring that developments be consistent with the Plan.