Size Cap, Frankenmuth, Michigan

Topics: Traffic/Sprawl | Zoning Regulations

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 next to one another below the size cap, the ordinance also specifies that “the gross floor area of stores within eight hundred (800) feet of one another, regardless whether they are attached or detached, shall be aggregated in cases where the stores: (i) are engaged in the selling of similar or related goods, wares or merchandise and are operated under common management; (ii) share check stands, storage areas, a warehouse or distribution facilities; (iii) are owned, leased, possessed or otherwise controlled, in any manner, directly or indirectly, by (A) the same individual(s) or entity(ies), including, but not limited to, corporation(s), partnership(s), limited liability company(ies) or trust(s), or (B) by different individuals or entities, including but not limited to corporations, partnerships, limited liability companies or trusts where such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies); or (iv) otherwise operate as associated, integrated or co-operative business enterprises.” It further notes that “for all properties in the NCOZ, the gross floor area of retail development consisting of more than one building or consisting of one building containing multiple tenants or occupants shall not exceed sixty thousand (60,000) square feet in the aggregate.”