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Guide to Community Planning in Wisconsin by Brian W. Ohm | Chapter 2: Types of Plans & Overview of Implementation Tools |
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2.4.1 The Function of Moratoria
There needs to be a legitimate planning justification for a moratorium. Moratoria allow planning to occur unhindered by developments that could frustrate the objectives of the process. Moratoria limit the number of nonconformities that could be created under the adoption of a new zoning ordinance. Finally, moratoria work to eliminate what is known as the "race of diligence"--instances where a property owner seeks building permits based on existing zoning after the nature of the proposed new zoning becomes known but before adoption of the new zoning. Faced with this "race," a community may hastily adopt a new permanent zoning ordinance without doing the necessary studies and receiving sufficient public input.
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(61) City of Berlin v. Stein, 58 Wis.2d 417, 206 N.W.2d 207, 209-210 (1973), cert. denied, 414 U.S. 1092. See also Walworth County v. City of Elkhorn, 27 Wis. 2d 30, 133 N.W.2d 257 (1965).