Ordinances to Stop Big Boxes

Big boxes are now facing a backlash where they once found welcome mats lined with taxpayer subsidies. Local elected officials are questioning whether Wal-Mart's cutthroat and predatory business practices serve the best public interest.

Stoughton, Wisconsin   is just one such community to pick a fight against mighty Goliath and win. After a year-long debate over Wal-Mart's desire to locate a Supercenter there, Stoughton passed an ordinance to limit retail buildings to 110,000 square feet. View  the City of Stoughton’s Ordinance, Adopted on 1-27-04 . 

The Smart Codes Working Group also developed A Dane County Model Ordinance.

Oakland, California   passed ordinance 03-0053 banning large discount retail stores with full-service supermarkets that exceed 100,000 square feet, or about 2.5 acres.  The Oakland City Council voted 7 to 1 to approve the measure to limit the size of "big-box" grocery stores. 

According to New Rules, several communities have enacted zoning ordinances that restrict the physical size of new retail stores. These laws can help sustain the vitality of small-scale, pedestrian-oriented shopping districts. Some communities bar only massive "big box" stores.

New Rules also compiled ordinances requiring formula businessessuch as retail stores, restaurants, hotels and other establishments to adopt standardized services, methods of operation, decor, uniforms, architecture or other features virtually identical to businesses located in other communities.

New Rules points out that a number of communities now require that new retail stores undergo a special review and permitting process. In Greenfield, Massachusetts, for example, all new stores that either exceed 20,000 square feet or are expected to generate more than 500 vehicle trips per day are required to submit to a review before being granted a permit.

In most states, cities can enact a moratorium on commercial development, provided that the moratorium promotes valid public purposes, is limited in duration, and is used for planning. A number of communities have temporarily suspended large-scale retail development in order to allow time to consider the impacts of superstores and to revise the local comprehensive plan and zoning code accordingly.  Click here to see the Oakland Moratorium # 003417.

Residents of Palm Beach, Florida converted their main commercial district into a "town-serving zone," which caps its stores at 2,000 square feet and impels them to serve primarily "town persons: those living, or working in Palm Beach. Businesses larger than 2,000 square feet can apply for a special exception use permit provided they can convince the City Council that not less than 50 percent of their anticipated customers will be "town persons". Click here to see More from New Rules.

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