DISCLAIMER

 

COMMITTEE OF THE WHOLE


08-027-O


ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING SECTION 50-118 RELATING TO INTERIM ORDINANCES.

BY PRESIDENT REINERT:

The city of Duluth does ordain:

     Section 1. That Chapter 50 of the Duluth City Code, 1959, as amended, be amended to amend Section 50-118 to read as follows:

Sec. 50-118.     Interim ordinances and uses.

     (a)  Upon introduction of an interim ordinance to the city council, or from the date the planning commission recommends the introduction of an interim ordinance to the city council, the council may provide for the imposition of interim uses. The imposition of interim uses shall be done by the introduction of a resolution sponsored by at least three council members. The resolution establishing interim uses may provide that no use, development, project or subdivision for which an application has not been previously filed shall be established or expanded, nor shall any application for a license, building permit, administrative waiver, review or approval of any application, including an application for any zoning approval, which concerns both the geographical area or and subject matter of the interim ordinance filed after the introduction of or recommendation for the interim ordinance, be granted or further processed, pending a final decision on the adoption of the interim ordinance.;

     (b)  If the Upon final adoption of an interim ordinance is adopted, the following restrictions shall apply:

           (1)  nNo permits, licenses or other approvals of any kind which concern both the geographical area or and subject matter of the interim ordinance shall be processed or issued nor shall any use be established or expanded except in accordance with its terms.;

           (2)  No use, development, project or subdivision which concerns both the geographical area and subject matter of the interim ordinance shall be established or expanded except in accordance with its terms;

     (c)  If the interim ordinance is not adopted, the resolution establishing interim uses shall be null and void and requests for permits and other necessary approvals shall be processed promptly in accordance with the procedures governing the request.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


COUNCIL REQ/ATTY     MAL:nmj     3/20/2008


STATEMENT OF PURPOSE:  This ordinance makes several major changes to this ordinance.


It changes the triggering mechanisms for the imposition of interim use regulations during the consideration of an interim ordinance. It eliminates the triggering of an interim use regulation upon recommendation of an interim ordinance by the planning commission.


It eliminates the automatic triggering of the interim use regulation upon introduction of an interim ordinance to the city council. Instead, interim use regulations may only be imposed if at least three members of the city council sponsor a resolution imposing an interim use regulation. If such a resolution is introduced, then the normal Charter procedures for approval of a resolution would apply.


It also limits the moratorium effect of either an interim use regulation or interim ordinance. Only those permits, licenses, approvals, new developments, projects, subdivisions or changes to existing developments that concern both the geographical boundaries and subject matter of the interim ordinance would be impacted.