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Ashland, OR, a town of 17,000 in the southern part of the state, has a citywide ordinance limiting retail stores to no more than 45,000 square feet.

The following is excerpted from the Ashland City Municipal Code.

SECTION 18.72.050 Detail Site Review Zone.

A. The Detail Site Review Zone is that area defined in the Site Design Standards adopted pursuant to Section 18.72.080.

B. Any development in the Detail Site Review Zone as defined in the Site Review Standards adopted pursuant to this chapter, which exceeds 10,000 square feet or is longer than 100 feet in length or width, shall be reviewed according to the Type 2 procedure.

C. No new buildings or contiguous groups of buildings in the Detail Site Review Zone shall exceed a gross square footage of 45,000 square feet or a combined contiguous building length of 300 feet. Any building or contiguous group of buildings which exceed these limitations, which were in existence in 1992, may expand up to 15% in area or length beyond their 1992 area or length. Neither the gross square footage or combined contiguous building length as set forth in this section shall be subject to any variance authorized in the Land Use Ordinance.


In 2001, after Wal-Mart optioned land on the outskirts of Belfast, ME, a community of 6,500 in the fast-growing midcoast region, the city council adopted a temporary moratorium on large stores and placed an initiative permanently banning stores over 75,000 square feet on the ballot.

At first, the council was widely criticized for being "anti-growth." Informal polls suggested more than 60 percent of residents favored Wal-Mart.

But an extensive public education campaign by the grassroots group Belfast First turned the tide. "People learned a lot about our economy and about the predatory practices" of large retail chains, noted Mayor Michael Hurly. On election day, voters endorsed the size cap by a 2-to-1 margin.


In August 2001, the Coconino County (AZ) Board of Supervisors adopted the following ordinance, which prohibits retails stores larger than 70,000 square feet and requires a conditional use permit for those larger than 25,000 square feet.

AN ORDINANCE OF THE COCONINO COUNTY BOARD OF SUPERVISORS ADDING A DEFINITION OF LARGE RETAIL ESTABLISHMENT TO SECTION 8 AND AMENDING SECTION 11 OF THE COUNTY ZONING ORDINANCE TO ADDRESS SUCH ESTABLISHMENTS

WHEREAS, Arizona Revised Statutes Section 11-801, et seq., authorizes the Board of Supervisors to adopt a Zoning Ordinance for the County to protect the public health, safety, peace, comfort and general welfare; and

WHEREAS, the Board of Supervisors adopted the current Zoning Ordinance in August 1981 and has amended it periodically since then; and

WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing on July 17, 2001 and recommended to the Board that the amendments outlined in Case No. AM-01-04 be approved; and

WHEREAS, the Board of Supervisors has held a duly noticed public hearing on August 20, 2001;

NOW THEREFORE BE IT ORDAINED by the Coconino County Board of Supervisors that Sections 8 and 11 of the Coconino County Zoning Ordinance are amended as follows:

Amend Section 8, Definitions, to add the following definition:

LARGE RETAIL ESTABLISHMENT shall mean a retail establishment (store) with any commercial retail uses or a combination of such commercial retail uses comprised of greater than 25,000 square feet and less than 70,000 square feet of gross floor area. The 25,000 square feet of floor area includes gross floor area and ancillary outdoor storage or merchandise display areas. The floor area does not include motor vehicle parking or loading areas. For the purpose of determining the applicability of the 25,000 square foot of floor area, the aggregate square footage of all adjacent stores which share common check stands, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g. a plant nursery associated with a general merchandise area such as a home improvement area.

Amend Section 11, Commercial Zones, to require conditional use permits for Large Retail Establishments in the CG-10,000 and CH-10,000 Zones by amending Section 11.1.B as follows:

(new language is underlined) CN-2/A CG-10,000 CH-10,000

1. General retail business establishments, except for Large Retail Establishments as defined in Section 8, engaged in the selling of goods or services to the public provided that such uses are conducted entirely within an enclosed building

Add large retail establishments between Hotels and Laundry under general commercial uses:

24. Large retail establishments as defined in Section 8 (establishments over 70,000 square feet are prohibited)

PASSED AND ADOPTED this 20th day of August 2001.
COCONINO COUNTY BOARD OF SUPERVISORS
Paul J. Babbitt, Jr., Chair
ATTEST: APPROVED AS TO FORM
TERENCE C. HANCE, COUNTY ATTORNEY

 

 


 

 

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