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Originally Posted by zacheryjensen
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.
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Nope. They can't, for instance, deny a business because it's owned by a Jewish family. Nor by a Southern family. If you do read what I said I think you'll find that I agree that they can deny 'big box' stores. But they would need to deny all of them (for the designated location, at least). Not just Walmart.
Quote:
Originally Posted by zacheryjensen
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.
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Scale, certainly. They can even deny the building permit based on design. (I've heard of McDonald's which were only allowed after they gave up their Golden Arches.) But not based on the proposer. That's discrimination.
Quote:
Originally Posted by zacheryjensen
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.
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And I'm sure you're absolutely right about this-but how many of those laws are legal?