In recent years, retailers have begun to convert unused space in their stores, including the sales floor area, to warehouse and distribution operations for online orders as e-commerce has increased. This trend has accelerated in response to the surge of home deliveries during the COVID-19 pandemic, and many retailers are utilizing even more floor area, and sometimes entire stores, as fulfillment centers. Re-purposing vacant or unused space can aid brick and mortar retailers in competing with pure-play online merchants and help property owners prevent lease defaults and maintain healthy occupancy levels. Municipalities also benefit when the rent roll of a commercial tax ratable of any kind, especially a shopping center, is stabilized. However, retailers and their landlords need to proceed carefully because converting unused retail space to “dark stores” for warehouse and distribution could have land use implications.*
Continue Reading Going Dark: Land Use Implications of Converting Retail Space to “Dark Stores” for Fulfilling Online Orders
ADAPTIVE RE-USE: Relief on Tap for Owners of “Stranded” Shopping Centers and Office Parks
Proposed Legislation Would Permit Conversion to Mixed-Use Projects without Obtaining Use Variance
Legislation introduced this week in Trenton would provide a temporary relief period during which owners of certain underutilized shopping centers and office parks could qualify to convert such properties to mixed-use projects without the need to obtain a use variance from the host municipality.
The bill, A-5229, introduced by Assemblyman Louis D. Greenwald, would provide for a 25-month period commencing with the effective date of the bill during which a proposed mixed-use development would automatically be deemed a permitted use if certain criteria are met. The legislation would override local zoning standards and permit developers to redevelop these stranded assets without the need for a use variance, allowing developers to seek required approvals from the local Planning Board if the required submission is made within the 25-month period.Continue Reading ADAPTIVE RE-USE: Relief on Tap for Owners of “Stranded” Shopping Centers and Office Parks