Quote:
Originally Posted by calvin-c
I don't know. Can't think of *anywhere* that I've heard of a *Walmart* zoning designation. Don't think it would be legal, but that depends on the definition.
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I never said anything about a walmart zoning designation, I was talking about "big box" stores. And for that matter, any business in any area. A community can choose to allow businesses in under whatever grounds they wish, it's the whole point of zoning laws. And yes, when given a hearing, their basis for their concerns can be whatever they wish so long as they can back them up with real expressible concerns.
The fact that you're misunderstanding is that the process is not one of accepting a store, but of changing zoning laws. There is no special right to have zoning laws changed and if such an act is proposed, any aspect of the proposal such as the scale or the proposer can be taken into account by anyone who would petition it. That, in effect, makes it legal for a community to deny a wal-mart vs. a target. Of course, once the land is zoned, anyone could buy it. And changing zoning based on who owns land is a whole other issue entirely.
At any rate, I think you would be surprised to see just how many hundreds of municipal laws exist for the sole reason of enabling a community to be more prejudiced on what business exists where.