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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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2.4.3 "Helpful Hints"
When enacting a moratorium, communities should observe the following:
q
Moratoria should be enacted by ordinance and not by a resolution.(65)q
The purpose of the moratorium must be for conducting studies for the purposes of updating/amending plans or regulatory controls to prevent what may become incompatible uses after the plan/controls are adopted. There needs to be a rational planning base for what the community is doing.q
While a moratorium could apply to the entire community, it is best to focus the ordinance so it applies only to the area or areas where it is needed.q
The duration of the moratorium should be kept as short as possible. Set the length of time to no more than what is needed to complete the required task.q
The ordinance need not prohibit all development. The issuance of building permits for minor alterations or repairs of a structure could be allowed.q
Exceptions to meet particular local situations can be included. A broad variance or exception procedure may be necessary where, as a practical matter, a community has a number of developments well along the road to completion.________________________
(65) In Lake Bluff Housing Partners v. City of South Milwaukee, 197 Wis.2d 157, 540 N.W.2d 189 (1995), the city enacted a moratorium by resolution (rather than by ordinance) on the issuance of building permits for one particular property. The Court, however, accepted the moratorium as valid for purposes of its review and did not provide any answers to the questions surrounding the validity of the moratorium. The Court seemed satisfied with the city's explanation that the moratorium would be valid if enacted by ordinance.