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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.

RULES:

Development Moratorium - Bellingham, WA
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 adopted a temporary moratorium on the construction or expansion of stores over 100,000 square feet. A size cap in Bellingham was ultimately adopted in February 2007.

Development Moratorium - Bennington, VT
Bennington, Vermont, a town of 9,200 people in the southwest corner of the state, enacted the following interim ordinance in April 2004. The temporary measure prohibited stores over 75,000 square feet (about one-third the size of a typical Wal-Mart Supercenter) in one commercial district and over 50,000 square feet in the rest of the city.

Development Moratorium - Easton, MD
Easton, Maryland, placed a 3-month moratorium on development of stores larger than 25,000 square feet in 1999. During the moratorium, the Planning Commission studied large-scale retail, held a series of public hearings, and issued a report. Based on the report's findings, the town adopted an ordinance restricting new retail stores to no more than 65,000 square feet.

Development Moratorium - Fort Collins, CO
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.

Development Moratorium - Moab, UT
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. The moratorium will remain in place for six months

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