Archives: Rules

Neighborhoods with a variety of buildings of different ages, and especially those with historic buildings, can offer a built environment that’s well-suited to independent businesses. The challenge is that, in many cases, historic commercial buildings have become vacant and fallen into disrepair—and may be difficult for startups or independent entrepreneurs to retrofit, bring up to code, and re-occupy. A tool known as adaptive reuse can provide modest incentivizes and reduce these barriers to retrofitting historic buildings, ultimately facilitating the growth of local businesses.… Read More

In many cities, retail space in new development is increasingly designed for chains. A tool known as set-asides offers cities an effective way to check this tendency, and at the same time, advance other city goals, like walkability and retail diversity. Set-asides require developers to reserve, or “set aside,” commercial space that meets certain characteristics in new developments. Cities can require developers to dedicate a portion of ground-floor retail to spaces that are small, to spaces that are commercial condominiums, or to businesses that are locally owned.… Read More

Mendocino County, Calif., passed a formula business ordinance in November 2016, following community outcry over a proposed Dollar General. The outcry led to an interim moratorium on new permits for formula businesses while the county studied the issue, and ultimately, a formula business ordinance. As an ordinance at the county level, it’s particularly effective, as it covers unincorporated areas that are outside the boundaries of city and municipal zoning.… Read More

In February 2010, Colorado passed a law that requires remote retailers that do not collect state sales taxes to: a) notify Colorado customers that they owe the tax on their purchases, b) send an annual report to customers detailing all of their purchases in the preceding year and the amount of sales tax owed, and c) also provide this information annually to the Colorado Department of Revenue. The law applies to retailers with more than $100,000 in annual sales, including Amazon.com and Overstock.com. A federal appeals court upheld Colorado’s law in February 2016.… Read More

In May 2017, as part of a general revenue law, Minnesota passed a first-in-the-nation law that requires platform, or “marketplace,” retailers to collect sales tax on sales made on the platform by third-party sellers. The requirement will take effect the sooner of July 1, 2019, or when the U.S. Supreme Court modifies its ruling in Quill Corp. v. North Dakota.… Read More

In May 2015, the City Council of Jersey City voted to restrict formula businesses in the downtown area by limiting where they can locate to a maximum of 30 percent of ground floor commercial area on any single lot. The restriction applies to retailers, restaurants, bars, and banks, though there is an exception for grocery stores. Jersey City is the second most-populous city in the state of New Jersey, with more than 260,000 residents. The City Council voted to uphold the restrictions in June 2017.… Read More