Hailey, Idaho, which has a population of 7,500 and is located in the center of the state, three hours east of Boise, limits the floor area of retail and wholesale businesses to no more than 36,000 square feet in the town’s business and limited business zones and 25,000 square feet in other industrial and commercial zones.
Shoppingcenters with multiple tenants are allowed up to 72,000 square feet in the business zone, 36,000 square feet in the limited business zone, and 25,000 square feet in other industrial and commercial zones.
Toprevent a company from getting around the size limit by housing its store in two or more adjacent buildings, the town has crafted a definition of "individual retail trade" business that encompasses any retailer operating out of multiple separate structures.
Thecity added wholesale businesses to the restrictions in 2004, because of concerns that a large home improvement store could skirt the size limit by building two adjacent structures, one designated as a retail store and one treated as a wholesale warehouse for contractors.
DEFINITIONS:
Retail
The sale of goods to individual consumers, usually in small quantities and not to be placed in inventory for resale.
Wholesale
The sale of goods to retailers or jobbers, rather than the sale of goods to individual consumers, usually in large quantities to be placed in inventory for resale to the individual consumer
Individual Retail/Wholesale Trade.
Any business or businesses that involve, in whole or in part, retail and/or wholesale sales, allowed in the applicable zoning district that:
1. share check stands or storage areas,
2. share management, or
3. are owned, leased, possessed or otherwise controlled, in any manner, directly or indirectly,
i. by the same individual(s) or entity(ies), including but not limited to corporation(s), partnership(s), limited liability company(ies) or trust(s), or
ii. by different individuals or entities, including but not limited to corporations, partnerships, limited liability companies or trusts where
a) such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies), or
b) the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies), and are located within one or more separate buildings or structures within 800 feet of one another, regardless whether they are attached or detached.
Grouped Retail/Wholesale Trade
A combination of two or more Individual Retail Trades and/or Wholesale Trades (e.g. a shopping center).
BUILDING SIZE LIMITS FOR VARIOUS ZONING DISTRICTS:
Business District
Maximum Floor Area:
1. Buildings or structures containing an Individual Retail/Wholesale Trade shall be limited to an aggregate gross floor area of 36,000 square feet.
2. Buildings or structures containing a Grouped Retail/Wholesale Trade shall be limited to an aggregate gross floor area of 72,000 square feet.
Limited Business District
Maximum Floor Area – Buildings or structures containing an Individual Retail/Wholesale Trade or a Grouped Retail/Wholesale Trade shall be limited to an aggregate gross floor area of 36,000 square feet.
Light Industrial Zone
Maximum Floor Area – Buildings or structures containing an Individual Retail/Wholesale Trade or a Grouped Retail/Wholesale Trade shall be limited to an aggregate gross floor area of 25,000 square feet.
Technological Industry District
Maximum Floor Area – Buildings or structures containing an Individual Retail/Wholesale Trade or a Grouped Retail/Wholesale Trade shall be limited to an aggregate gross floor area of 25,000 square feet.
Service Commercial Industrial-Sales Office Sub-District
Maximum Floor Area – Buildings or structures containing an Individual Retail/Wholesale Trade or a Grouped Retail/Wholesale Trade shall be limited to an aggregate gross floor area of 25,000 square feet.
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