A building size cap is a law, bylaw or ordinance that sets a limit on the maximum size (square footage) of a building ground floor or “footprint.” The cap is usually permanent, as when a city sets a maximum footprint for buildings in the Commercial Zone. These ordinances generally also set building height limits, and may vary depending on lot size, setbacks, parking field, and building use.
Building size caps are a growth control measure intended to prevent overly-intense uses of land. For example, the municipal ordinance may provide that no building used or intended to be used as a department or discount store shall exceed 50,000 square feet in size. This allows the municipality to limit high-traffic uses, while still allowing large boxes for less-intense uses (auto dealer; bowling alley; skating rink).
Size limits may also be set by relative size of the site, using a ground coverage approach. These ordinances provide that lot coverage in a particular zone (or overlay zone) shall not exceed some percentage of the entire site size. A variation on this theme employs the “impermeable surface” approach, which sets a maximum percentage of the lot allowed to have an impermeable (waterproof) surface – a definition which includes not only the building roof, but also the parking lot, sidewalks, driveways, and any other surface which would cause rain runoff.
In the Wal-Mart context, you could use a building size cap to limit the number of building permits issued annually for big box retailers over a certain footprint.
Rationale
Building size caps are put in place usually as a component of a larger growth management strategy. A building size cap is primarily intended to reduce the intensity of new development and prohibit conversions of vacant big boxes into objectionable uses. In other words, building size caps allow government flexibility to achieve legitimate public interest goals – maintaining a level of open space, preserving community character, protecting public health, safety, and welfare, for example, and allows them to address the demands that development makes upon the municipal infrastructure – roads, water, sewerage, and public safety agencies -- by limiting the extent of development in a given zoning district.
Actual Examples
For more on size caps, visit the Hometown Advantage Store Size Caps section by clicking here.
