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Retail Law Advisor

Category Archives: Zoning

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Trends in Urban Grocery Store Development in Washington, D.C.

Posted in Real Estate, Retail, Zoning

Continuing our coverage of trends in urban grocery store development, this post examines recent and ongoing activity in Washington, D.C., which is a leader in grocery-anchored, mixed-use redevelopment projects. It’s not by accident that DC leads in urban grocery store development. District leaders have undertaken a concerted effort to attract new grocery stores through public… Continue Reading

The Pop-Up Regulatory Maze

Posted in Licensing, Permitting, Pop-up Retail, Regulatory, Retail, Retail Sales, Zoning

Pop-up retail establishments, or “pop-ups,” generally refer to stores, restaurants, or events with a short duration. Pop-ups are typical for seasonal retail products, like Christmas or fireworks, but they have become common for designers (clothes, furniture, toys, etc.), restaurateurs (i.e., dinner clubs, food trucks), or other performers (concerts, parties) to conduct a one-time event, to… Continue Reading

What The Height Act Amendment Means for DC Rooftop Development

Posted in Development, Landlords, Permitting, Real Estate, Retail, Tenant, Zoning

Last week, President Obama signed an amendment into federal law allowing human occupancy in rooftop penthouses on top of DC buildings. This is an exciting update for DC real estate owners and developers because it presents a budding opportunity to build penthouses for more value and usability beyond what is currently permitted. Currently, DC law… Continue Reading

For Purveyors of Medical Marijuana, Siting Dispensaries Gets Easier in Massachusetts, and Federal Tax Concerns Begin to Settle

Posted in Landlords, Municipalities, Real Estate, Retail, Tax, Zoning

Some retail landlords in Massachusetts will welcome medical marijuana treatment centers as tenants by the end of the year, and treatment center operators have recently had some good news regarding local land use and federal tax regulation of medical marijuana. Although many state governments are easing the path towards legalizing marijuana for medicinal use, local… Continue Reading

Zoning for the All-In-One Commercial Space

Posted in Compliance, Restaurants, Retail, Zoning

Many zoning regulations were drafted decades ago in an era before all-in-one superstores. Accordingly, the form and structure of these regulations often reflects a single use-based regulatory scheme, with lists of dozens of commercial uses that are permitted in each progressive zone category. Today’s all-in-one commercial establishment typically provides many of these uses under one… Continue Reading

Restaurant Paradox: Encouraging and Discouraging New Restaurants in Washington, D.C.

Posted in Development, Landlords, Restaurants, Retail, Zoning

Research has suggested that zoning can have both anti-competitive and pro-competitive effects on retail establishments. The anti-competitive effects may be caused by limiting the number of certain types of retail establishments, by prohibiting some types of retailers, or by encouraging certain types of retailers over others. Other research has shown that zoning can increase competition… Continue Reading

Trouble in the Village. Community Banks Face New NIMBYism

Posted in Banking, Retail, Zoning

Can the proliferation of new bank branches threaten the vitality of downtown retail areas? Some think so. As reported in the Boston Business Journal recently, proposals for new bank branches in two affluent communities in the metro-Boston area have led to protest and a call for the passage of new zoning regulations to limit the… Continue Reading