§ 34-57. Administrative moratoriums.

(a)

Whenever it shall be made to appear to the city manager that it is in the public interest to make a comprehensive determination as to whether existing city zoning districts applying to a portion of the area of the city are appropriate, whether the regulations that apply to particular districts of the city should be studied, or that it is in the public interest to make a comprehensive determination as to whether the existing city comprehensive master plan as it applies to a portion of the area of the city is outdated and of little or no use in formulating correct zoning patterns in relation thereto, or as to whether existing zoning districts are compatible with existing or proposed growth patterns and land uses, the city manager shall immediately issue an administrative order delineating the area in question and prohibiting the consideration by any city department or agency of any zoning amendment, modification, variance, special exception or other zoning change.

(b)

Any administrative order issued pursuant to subsection (a) of this section shall be complied with by all city departments and shall be effective until reversed, modified or superseded by order of the city council.

(c)

Immediately upon issuance of any administrative order pursuant to subsection (a) of this section, the city manager shall notify the city clerk of, whose duty it shall be to place the matter before the city council for consideration and review following a public hearing as soon as is reasonably practicable. The clerk shall give reasonable notice by publication in a newspaper of general circulation in the county of the public hearing, which he/she has scheduled before the city council.

(d)

At the public hearing the city council shall inquire into the propriety of a moratorium and may reverse, modify or supersede any moratorium ordinance previously issued. The council's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the area in question and the probability of detriment to the character of the area by the continued application of the existing zoning districts.

(e)

Should the city council determine that a moratorium is reasonably necessary, it shall approve an ordinance imposing a moratorium and direct that no development orders be issued within the affected area. The council's ordinance shall fix a time within which the city manager shall report back to the council with his/her recommendation relating to appropriate recommendations for the affected area. The said time limitation shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area. Should the city manager be unable to report back to the council within the time prescribed by its moratorium ordinance, upon timely request by the city manager and after public hearing on the need therefore, the council may reasonably extend the time limitation.

(f)

Upon the submission of the city manager's report and recommendations to the city clerk, the clerk shall call a public hearing thereon before the council at the earliest practicable time, after reasonable notice by publication in a newspaper of general circulation in the county. After said public hearing the council shall make its determination as to whether the zoning districts shall remain the same or shall be changed. Should the council determine that the zoning districts shall remain the same, it shall immediately enact an ordinance terminating the moratorium. Should the council determine that no amendments are required, it shall enact an ordinance continuing the moratorium and shall immediately take the actions required elsewhere within this chapter for such changes.

(g)

Upon the completion of all zoning district changes relating to the affected area, the council shall issue an ordinance terminating the moratorium.

(h)

If any planning study performed by the department, or a specially hired or appointed city agency or consultant, indicates the necessity for zoning changes, the city may restrict the issuance of development orders until such changes have been finally considered by the council.

(i)

Exceptions. Notwithstanding the issuance of any moratorium order, the city manager may authorize the issuance of permits for non-deleterious items including, but not limited to, fences, repairs and like matters, where he or she determines that such permit will not affect the outcome of the study; provided, however, that with regard to any particular moratorium the city council may by ordinance increase or decrease allowable exemptions and may by ordinance provide either a supplemental or exclusive procedure for acting upon requests for exemptions. Such procedure may vest jurisdiction and responsibility for acting upon requests for exemptions in the city manager or any city administrative or quasi-judicial body or council.

(j)

Variances, special exceptions and zoning changes. During the existence of any moratorium, no applications for variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or elimination of conditions, restrictions or limitations within the affected area shall be acted upon by any city department, except as provided in section 34-57, or unless otherwise specifically provided by the city council by ordinance with regard to a specific moratorium.

(Ord. No. 2010-10-218, § 2(2-180), 4-7-2010)