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USLAW
SPRING 2025 USLAW MAGAZINE
Zoning Trendsand Considerations Embracing AI, Neighborhood Centers, and Beyond Andrea L. Gomes and Andrew R. Morin
In our last article, we explored zoning standards that come into play when retrofitting retail buildings to address the growing demands of online shopping, including features like curbside pickup. While retrofitting can be a solution, many retailers, driven by rising demand for high-quality retail spaces amid limited inventory, may opt for new construction instead. For those pursuing new builds, staying attuned to current land use trends is crucial, as these will shape site selection and design and then, ultimately, compatibility with applicable zoning regulations. Conducting this analysis early on can save retailers significant time, money, and effort. Here, we examine some of those zoning trends and highlight how they may impact a retailer’s approach to developing a new site. ARTIFICIAL INTELLIGENCE (AI) AI-driven technology is here to stay, and it will continue to impact most if not all sectors, including real estate. Indeed, AI already is part of the retail industry, helping retailers manage inventory and supply
Hinckley Allen
chain demands, predicting consumer behavior patterns, and recommending products to consumers based on purchase histories. Generative AI, or Gen AI, which can create content with text (like ChatGPT), code, audio, image, video and 3D imagery, can also be used in a variety of ways during the zoning approvals process. For example, Gen AI can create realistic renderings of retail-focused neighborhood centers, architectural elevations, and floor plans in a matter of minutes, when historically, the process took weeks or even months. Gen AI may even be able to assist with the drafting of zoning regulations, assembling suggested planting lists, and answering legal questions that arise. These advances will impact not only how retailers operate day to day but may expedite the land use permitting process. Retailers should continue to explore the use of Gen AI to increase productivity and improve business. However, Gen AI is not ironclad, and retailers should review AI work product at every step, ensuring the accuracy of design documents, proposed zoning regulations, planning materials, and the like. Trust but verify.
CLIMATE CHANGE CHALLENGES In 2022, nearly 33 million people were displaced globally due to natural disasters, including floods and droughts. 2023 was the warmest year since global records began in 1850. Concerns with water supply, water and air quality, stormwater management in the face of unprecedented rains, and other climate-related issues will continue to directly impact development for the foreseeable future. In addition to heightened development standards, regulations, and policies, retailers should expect to be put to task on these issues when designing new sites. Low-impact development, or LID, as well as green energy features, will be highly recommended, if not required. Retailers can save time by recognizing these concerns at the beginning of the design stage and incorporating green features into their development plans. LID, which reduces flooding and stormwater runoff, thereby improving water quality, among other things, can include rain gardens, green roofs and permeable pavements. Green energy features can