§ 3-126. Temporary Prohibitions.  


Latest version.
  • (1)

    The Council may by the affirmative vote of a majority of its membership impose a moratorium ordinance, interim zoning district, or other temporary prohibition on zoning, permitting, and other similar functions where necessary to protect the public health, safety, or welfare for a temporary period. All such temporary prohibitions shall specify the type of review required and the city agency responsible for the review; the agency shall complete its review and provide its report to the Council within the time limits established for such temporary prohibitions. No moratorium ordinance, interim zoning district, or other temporary prohibition shall remain in effect for more than one year, provided that the Council may by ordinance authorize one extension for an additional period of 180 days. In the event that the agency responsible for the required review has not completed its review and submitted its report within the initial period or the 180 day extension, the Council may by ordinance extend the temporary prohibition for one additional period of up to 180 days. Thereafter, no moratorium ordinance, interim zoning district, or similar prohibition of substantially the same legal effect on substantially the same geographic area may be imposed until at least one year after the expiration of the prior moratorium ordinance, interim zoning district, or other temporary prohibition. A moratorium ordinance adopted pursuant to this section shall not be required to lie over for the twenty-day period specified in Section 3-112(5) of this chapter.

    (2)

    Any moratorium ordinance, interim zoning district, or other temporary prohibition in effect on January 1, 1996 shall be limited to a term of one year in duration from that date subject to extensions as provided in paragraph (1) above.

    (3)

    Any moratorium ordinance, interim zoning district, or other temporary prohibition shall provide for a right of appeal to the Council for waivers or exceptions thereto. Such waivers or exceptions may be granted by an ordinance adopted by a majority of all members of the Council.