Unfavorable Policies

The following provide examples of unfavorable growth management policies:

Anne Arundel County, Maryland: Restricting Retail Space

In May 2000, a bill was introduced that would place limitations on retail uses within Town Center Districts in Anne Arundel County. The legislation attempted to restrict retail uses to not exceed 65,000 square feet of floor area on any one floor of a structure. During this period, however, a proposal for a Wal-Mart in Parole with a building footprint of 135,000 square feet, was introduced.

The bill had the ability to impact the Wal-Mart project, but it was defeated in July 2000 by the Anne Arundel County Council. The County Council, however, did not give final approval of the project.

Summary of Proposed Big-Box Legislation in Anne Arundel County
(Introduced and first read on May 1, 2000)

ARTICLE 28: ZONING
Title 6. Special Districts
6-303. Permitted uses.

The following are permitted as permitted uses in a TC-Town Center District:
(1) Any use permitted in a C3-General Commercial District, EXCEPT THAT A RETAIL STRUCTURE MAY NOT BE LOCATED WITHIN A SINGLE FREESTANDING STRUCTURE THAT HAS MORE THAN 65,000 SQUARE FEET OF FLOOR AREA ON ANY ONE FLOOR OF THE STRUCTURE.

Note: Capitals indicate new matter added to existing law.
Source: County Council of Anne Arundel County, Maryland

City of Mequon, Wisconsin: Design Requirements and Retail Space Limitations

In Mequon, Wisconsin, the municipal zoning ordinance is used as a means to restrict and place special conditions on big-box development. Strategies include design considerations and size limitations.

B-2 Community Business District

(a) The B-2 District is established to accommodate the retail and service
needs of the greater community.

(b) General Requirements
1. Buildings shall be designed in individual or small groupings generally not to exceed 20,000 square feet per structure. The commercial development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with the surrounding development.

Source: City of Mequon, Wisconsin, Zoning Ordinance

New Hampshire: Prohibiting Below Cost Pricing

On May 18, 2002, New Hampshire Governor Jeanne Shaheen (D) signed HB 1429, which establishes general policies that prohibit “below cost” pricing and unfair competition.

The bill adds the following to the list of specific acts that are considered unlawful:

RSA 358-A:2, XIV. Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition.

The new law took effect July 17, 2002. Bill sponsor Representative Marshall Quandt (R) stated that “… consumer protection laws…also serve to protect small business against big business.”