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Supercenter Ordinances
Download the Store Size Cap Policy Kit
This resources is from ILSR's Big Box Tool Kit web site. The kit includes a model ordinance, examples of cities that have enacted size caps, answers to common questions, key arguments in support of the approach, sample flyers, and other educational materials. |
Unlike broader store size cap ordinances, which limit the size of all types of retail stores, the following measures prohibit only those large stores that devote a significant percentage of their floor space or inventory to groceries, such as the supercenters operated by Wal-Mart and Target. These laws do not affect stores that do not carry groceries, such as Home Depot. They also often exclude warehouse stores that sell items in bulk, such as Costco.
Several cities in California and Arizona have adopted supercenter ordinances in recent years.
Although supercenters do have some unique impacts that distinguish them from other large-format retail stores, the New Rules Project favors setting a limit on the size of all retail stores. From a policy standpoint, all types of big-box retailers have significant impacts on the local economy, the vitality of neighborhood and downtown business districts, the environment, and community life. (See How Big is Too Big? and our Store Size Cap Policy Kit.) From a political standpoint, land use regulations that set consistent limits on the scale of retail development are likely to garner broader support, especially from local business owners, and are not vulnerable to arguments that they unfairly target particular companies.
RULES:
Supercenter Ordinance - San Diego, CA
In June 2007, the San Diego City Council voted 5-3 to adopt an ordinance that prohibits stores over 90,000 square feet that devote more than 10 percent of their floor area to groceries.
Galt, CA
In October 2007, the Galt City Council voted 4-1 to adopt an ordinance that bans retail stores over 140,000 square feet that devote at least 10 percent of floor area to groceries. The measure also requires stores between 100,000 -140,000 square feet with 10 percent or more floor space dedicated to groceries be analyzed for their effects on the community’s economy, crime, and urban decay.
Stockton, CA
In August 2007, Stockton City Council voted 6-2, and against the Planning Commission’s recommendations, to approve development code changes that will prohibit discount superstores in excess of 100,000 square feet, where at least ten percent of the floor area is dedicated to the sale groceries.
Elk Grove, CA
In July 2007, the Elk Grove City Council voted to enact an ordinance that bans retail stores over 150,000 square feet that devote at least 10 percent of floor space to groceries. The ordinance also mandates smaller versions, stores between 100,000 and 150,000, conduct detailed analyses of the stores' effects on the community, including jobs creation, the city's net retail sales, crime and urban decay, before the city grants a use permit.
Tucson, AZ
In 1999, the Tucson City Council voted 5-2 to adopt an ordinance that bans stores over 100,000 square feet that devote at least 10 percent of floor space to groceries. In addition, the measure allows the city to restrict hours of operation, along with noise, traffic, lighting, and imposes other design requirements
Turlock. CA
In 2004, the Turlock City Council voted to adopt an ordinance that prohibits stores over 100,000 square feet that devote at least 5 percent of floor space to non-taxable items (groceries). Wal-Mart filed a lawsuit in 2004, claiming that the policy was unconstitutional because it interfered with the company’s right to conduct interstate commerce and discriminated against a specific type of business, in violation of the equal protection clause. In July 2006, the federal court sided with the city.
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