Regulation of Large Retail Establishments (Big Box Retail)
Contents
- Introduction
- Definitions
- Articles
- Design Guidelines
- Code Examples
- Size Limits
- Addressing Vacant Big Box Buildings
- Economic Impacts of Large Retail Establishments
Introduction
Large retail establishments, often termed "big box retail" or "superstores," have become a familiar fixture on the American landscape. Wal-Mart, Costco, Toys "R" Us, representing different categories of these large-scale establishments, have become household names. Initially, these large-scale stores gravitated toward suburban sites that offered large tracts of low-cost, readily-available land, with access to a larger urban market area. Over the last decade, these large-scale stores have made impressive in-roads into rural and small town communities. A new breed of "big box" stores is rediscovering the market potential of central locations in much larger cities. In short, no community is immune from the potential effects these of large-scale retail businesses.
In many cases, these large-scale retail establishments have been welcomed with open arms or some lesser degree of acceptance. In some communities they have been viewed as an antidote to a declining economy, promising new sales tax revenue and jobs. Expansive, yet full parking lots and ringing cash registers are evidence that customers have embraced these stores for their wide selection of goods at low prices, often not previously available in a community. They have met stiff opposition in other communities, which fear negative economic impacts on existing downtown business, traffic or other impacts of sprawl development, or a lack of connection with established community character. Cities that have escaped entry of these establishments within city limits may still experience significant impacts from stores in neighboring communities. In fact, such large-scale retail will bring a complex mixture of benefits and impacts.
These impacts typically were not anticipated in zoning and development regulations developed prior to the meteoric rise of such large-scale retail. As a result, many communities are re-working policies and development regulations to provide better guidance in making decisions.
This web page is intended to provide a variety of examples, regulatory approaches, articles and studies to help with decisions about whether such large-scale retail establishments are appropriate in the community, and if so, where and under what circumstances they are appropriate. Materials include suggestions or examples of design guidelines, development standards, size limits (applied jurisdiction-wide or within certain types of commercial centers) and other requirements.
If you have information to share, or are aware of other sites we should link to, please contact Sue Enger, Planning Consultant, or call (206) 625-1300.
Definitions
On these pages, we use the more neutral term "large retail establishments" in place of the perhaps more pejorative term "big box retail" frequently used in the media and many articles on the subject. Various publications have identified a number of sub-categories of large-scale retail development including discount department stores, "category killers, outlet stores, and warehouse clubs. The following definitions are not offered as suitable legal definitions, but are provided to convey a general understanding of various types of large-scale retail establishments offering discount pricing. Some of the codes and guidelines referenced on these pages include definitions tailored to local regulatory needs. These may be helpful in considering definitions for inclusion in codes and guidelines.
The following definitions are excerpted and adapted from Maryland, "'Big-Box' Retail Development,"
Managing Maryland's Growth: Models and Guidelines, Maryland Department of Planning, October 2001.
- Big-box retail facilities are large, industrial-style buildings or stores with footprints that generally range from 20,000 square feet to 200,000 square feet. While most big-boxes operate as a single-story structure, they typically have a three-story mass that stands more than 30 feet tall. The definition, or perhaps the description of a big-box store can be better understood through its product category. For example, book retailers like Barnes & Noble generally range from 25,000 square feet to 50,000 square feet, whereas in the general merchandise category, big-boxes like Wal-Mart range from 80,000 square feet to 130,000 square feet. (These typically no-frill stores seek to attract customers with the low prices and/or large selection possible with large floor space and high volume sales).
- Discount department stores, ranging from 80,000 square feet to 130,000 square feet, offer a wide variety of merchandise including automotive parts and services, housewares, home furnishings, apparel and beauty aids. This group includes retailers such as Target, Wal-Mart and Kmart.
- Category killers, ranging from 20,000 square feet to 120,000 square feet, offer a large selection of merchandise and low prices in a particular type of product category. This group includes retailers such as Circuit City, Office Depot, Sports Authority, Lowe's, Home Depot and Toys "R" Us. (As the name implies, they tend to overwhelm or "kill" smaller, or less focused competitors)
- Outlet stores, ranging from 20,000 square feet to 80,000 square feet, are typically the discount arms of major department stores such as Nordstrom Rack and J.C. Penny Outlet. In addition, manufacturers such as Nike, Bass Shoes and Burlington Coat Factory have retail outlet stores.
- Warehouse clubs, ranging from 104,000 square feet to 170,000 square feet, offer a variety of goods, in bulk, at wholesale prices. However, warehouse clubs provide a limited number of product items (5,000 or less). This group includes retailers such as Costco Wholesale, Pace, Sam's Club and BJ's Wholesale Club. (These clubs often charge their customers an annual membership fee).
- The term "power center" is often used to describe groupings of the various forms of big-box retailers. Power centers generally contain 250,000 square feet to 1 million square feet of retail space. Retailers that locate in power centers may be freestanding, structurally attached to another retailer, or a combination of both types. The trade area from which most power centers draw consumers ranges from five miles to ten miles.
- The term "regional center" is often used to describe a small grouping of big-box retailers, typically developments of two or more anchor stores. Regional centers range from 400,000 square feet to 800,000 square feet. They are generally enclosed with an inward arrangement of stores connected by a walkway. The trade area from which most regional centers draw consumers ranges from five miles to fifteen miles.
Articles
- Belling the Box: Planning for Large-Scale Retail Stores, Chris Duerksen and Robert Blanchard, Revolutionary Ideas in Planning, Proceedings of the 1998 APA National Conference.
- How Do You Deal with the Entry of a New Wal-Mart Supercenter into Your Town? Kenneth Stone, Public Management, Volume 87, Number 2, March 2005.
- Big Box Sprawl and How to Control It, Legal Comment, by Constance E. Beaumont and Leslie Tucker (on National Trust for Historic Preservation web site, reproduced with permission from Municipal Lawyer, March/April 2002 National Trust).
- Olympia, WA Memorandum: Municipal Authority to Regulate Business Based on "Corporate Citizenship" and Local Economic Impacts,
Addresses legal considerations in regulating "Big Box" and/or "formula" Retail, April, 2006.
- Big Box Retail,
in Creating Communities of Place, Memo Volume 2, No. 1, New Jersey Office of State Planning, No. 2, December 1995.
- Model Low Impact Development Strategies for Big Box Retail Stores -
The Greening of Surface Water Management Methods for Large Format Retailers, Prepared by King County Department of Natural Resources and Parks for the U.S. Environmental Protection Agency, 2007. - Controlling Big Box Retail Development in Georgia - Land Use Clinic, University of Georgia School of Law and College of Environment & Design, December 2004, Updated February 2007.
California Responses to Supercenter Development: A Survey of Ordinances, Cases and Elections, Public Law Research Institute at Hastings College of the Law, University of California, Spring 2004 This report examines current legal and political issues arising from big box development in the state of California. - Big-Box Stores Slim Down for Urban Settings, By C.J. Hughes
Architectural Record, May 29, 2008. - Form Based Codes for Big Box Retail,
Delaware Valley Regional Planning Commission, October 2007.
Design Guidelines
- Sequim, WA Design Standards and Guidelines for Large Retail Establishments
October 2003.
- Fort Collins, CO Design Standards and Guidelines for Large Retail Establishments
1995.
- Maryland, 'Big-Box' Retail Development
Managing Maryland's Growth: Models and Guidelines, Maryland Department of Planning, October 2001.
- Tucson, AZ Design Guidelines Manual, Part IV -Large Retail/Wholesale Development, 1999.
- Talent, OR (OR) Design Standards, Sec. 8-3-k.2 – Large Retail Establishments.
- Winchester, Clark County, KY Big-Box Design Standards
August 2003.
- MRSC web page on Design Review, including sample commercial design guidelines.
Code Examples
- Olympia (WA) Ordinance No. 6417 - relating to large-scale retail development, 2006.
- Bellingham (WA) Municipal Code, Sec. 20.25.060 - Large Retail Facility Design.
- Port Townsend (WA) Municipal Code, Ch. 17.54 - Formula Retail and Restaurant Establishments. (Although directed at "formula" or chain stores which may vary in size, these regulations may also apply to many large retail establishments.)
- Ft Collins, CO Land Use Code, 3.5.4 - Large Retail Establishments; and Division 5.1 - Large retail establishment definition.
- Santa Fe, NM Land Development Code, Art. 14-8, Sec. 14-8.8 – Supplemental Regulations for Retail Structures 30,000 Gross Square Feet or Larger.
- Rockville, MD City Code, Ch. 25, Art. VII, Div. 3, sec. 25-332 - Retail store size limitations and design and site development guidelines for retail stores and shopping centers.
- Bozeman, MT Unified Development Code, sec. 18.40.180 - Large Scale Retail Requirements.
- Pasco County, FL Land Development Code, Article 600, A7617
- Large-Scale, Commercial-Retail Design Standards.
- Portland, OR Zoning Code, A733.130.215(D) - Alternative Maximum Setback for Large Retailers; and A733.293 - Superblocks.
- Sacramento, CA Power Center and Big Box Retail Policy.
- San Diego Large Retail Ordinance, December 2007, and Staff Report No: 06-149.
- Moscow, Idaho, Ordinance 2006 – 03.
- Albuquerque, NM, Ordinance C/S2 O0653, "Large Retail Facility Ordinance" – Comprehensive set of requirements, adopted 2007, and Albuquerque, NM, "Big Box Regulation" Web page - Includes video, prodcued by City Council, to explain proposed ordinance.
Size Limits
- Retail Caps for Retail Glut: Smart Growth Tools for Main Street,
National Trust for Historic Preservation, 2002.
- Store Size Caps, The New Rules Project.
- Port Townsend, WA Municipal Code excerpt 17.08.060 (definition - regional retail establishment) and Ch. 17.20 (see especially Table 17.20.030) - Commercial Zoning Districts - Maximum size limits do not accommodate big box retail.
- Redmond, WA Community Development Code, A720C.50.25-020 (3) and sec. 20D.40.30-030 - building scale (see Figure 35).
- Gig Harbor, WA Municipal Code, Ch. 17.36
- General Business District (B-2) (see sec. 17.36.055) and Ch. 17.40 (see A717.40.055) - Commercial District (C-1).
- Taos, NM Retail Business Size Caps.
- Ashland, OR Municipal Code, sec. 18.72.050.
Addressing Vacant Big Box Buildings
- The Ghost-Box Dilemma: Communities Cope with Vacant Retail Property, Partners, Federal Reserve Bank of Atlanta, Volume 15, Number 2, 2005.
- Once A Wal-Mart: The New Lives Of Big Boxes, by Elizabeth Blair, all Things Considered, National Public Radio (NPR) October 20 ,2008.
- Forsyth County, GA Appendix A, Unified Development Code (See Chapter 12, Article XI. - Additional Requirements for Large-Scale Retail Establishments 40,000 Square Feet or Greater and Art XII. - See especially sec. 12-12.1. Re-use of properties, and sec. 12-12.2. Vacancy maintenance requirements.
- Wauwatosa, WI Ordinance No. 0-05-045 - Restrictions on the Development of Large Retail Sites, and (See Sec. 24.25.040 – Maintenance and Reuse of Properties – requires contribution to a fund that may be used for maintenance or to facilitate reuse of property, if the owner fails to comply).
Economic Impacts of Large Retail Establishments
- Measuring the Economic and Sociological Impact of the Mega-Retail Discount Chains on Small Enterprise in Urban, Suburban and Rural Communities, Edward B. Shils, Wharton Entrepreneurial Center of The Wharton School, University of Pennsylvania, February 7, 1997 - (See particularly chapters 1 & 3 that focus on impacts).
- Mitigating Impacts of Big Box Retail on Local Communities, Ohio State University, Special Issue on Rural Development Policy – Journal of Analysis and Policy, Volume 37(1) 2007.
- California Responses to Supercenter Development A Survey of Ordinances, Cases and Elections, PLRI Reports,
by Adam Clanton, JD, Kerry Duffy, JD Supervised by Joanna K. Weinberg, JD, LLM, Edited by Jodene Isaacs, JD Prepared at the request of the Governor's Office of Planning by Research Public Law Research Institute at Hastings College of the Law, University of California, Spring, 2004.
- A Downward Push: The Impact of Wal-Mart Stores on Retail Wages and Benefits – Executive Summary, Arindrajit Dube, T. William Lester, and Barry Eidlin, U. Cal. Berkeley Labor Center, 2007.
- Job Creation or Destruction? Labor-Market Effects of Wal-Mart Expansion, Emek Basker, University of Missouri, Review of Economics & Statistics, February 2005.
- The Impact of Big Box Grocers on Southern California: Jobs, Wages, and Municipal Finances,
prepared for the Orange County Business Council, Marlon Boarnet, Phd. Departments of Urban Planning and Economics at University of California at Irvine, and Randall Crane, Ph.D., School of Public Policy and Social Research, University of California at Los Angeles, Final Report, September 1999.
- 'Big Box' Retail Development, Managing Maryland's Growth: Models and Guidelines,
Maryland Dept. of Planning, October 2001 (See particularly Section 3 on impacts).
- The Impact of Chain Stores on Community, Stacy Mitchell, ILSR, presented at the American Planning Association National Conference, April 2000.
- The Economic Impact of Wal-Mart Supercenters on Existing Businesses in Mississippi,
Mississippi State University Extension Service.

