Development Moratoria

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.

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Rules

Development Moratorium, Store Size Cap, and Economic Impact Review - Bennington, VT

  • Local
  • In April 2004, Bennington, Vermont, a town of 9,200 people in the southwest corner of the state, imposed a temporary moratorium on the construction of stores over 75,000 square feet in one commercial district and over 50,000 square feet in the rest of town.  After further evaluating the issue, in January 2005, the town enacted an ordinance that maintained the 50,000- and 75,000-square-foot size limits and required a community impact study for retail development proposals over 30,000 square feet.  Under the ordinance, stores over 30,000 square feet may be approved only if the city's development review board finds that the project will not have an undue adverse impact on wages, town finances, and the viability of the downtown. More

    Store Size Cap - Bozeman, MT

  • Local
  • In February 2003, the city of Bozeman, Montana, enacted an ordinance limiting retail stores to no more than 75,000 square feet and requiring retail developments between 40,000 and 75,000 square feet to meet design and site development standards. More

    Development Moratorium and Store Size Cap - Bellingham, WA

  • Local
  • In September 2006, after Wal-Mart announced plans to expand its Bellingham store into a large supercenter that would include a full grocery department, the City Council quickly imposed a temporary moratorium on the construction or expansion of stores over 100,000 square feet.  Then, after months of study and consideration by local officials and concerned citizens, the Bellingham City Council enacted an ordinance that prohibits stores over 90,000 square feet and imposes design standards on those over 60,000 square feet. More

    Development Moratoria and Size Cap - Easton, MD

  • Local
  • Prompted by several applications for retail development in excess of 500,000 square feet, larger than anything anticipated by the town's existing Comprehensive Plan, the Easton Town Council enacted a temporary moratorium on new "big box" retail stores in September 1999. The purpose of the moratorium was to allow time for residents and town officials to consider the impacts of large-scale retail and amend the town zoning law accordingly.  In March 2000, the Town Council adopted a store size cap ordinance prohibiting retail stores larger than 65,000 square feet More

    Development Moratoria - Fort Collins, CO

  • Local
  • In 1994, several large chains announced plans to locate in Fort Collins. The city adopted a six-month moratorium on development of stores larger than 80,000 square feet. The city used the time to review the design, transportation, and other planning issues posed by big box retailers, and to make changes to its planning and zoning rules. More

    Development Moratoria - Moab, UT

  • Local
  • In January 2007, the town of Moab, Utah, adopted the following ordinance which temporarily prohibits the construction of stores larger than 40,000 square feet, about one-fifth the size of a Wal-Mart supercenter. More

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