ARTICLE VIII. MORATORIUM ON AUTOMOBILE SERVICE FACILITIES (COMMERCIAL) AND TIRE SALES

42-243 Purpose.

The City of Pontiac has determined that a moratorium is necessary to ensure that the City has adequate time to research and establish regulations of certain land uses to ensure that these uses do not harm the public peace, property, health, and/or safety of the residents of the City of Pontiac. The City has determined that an emergency ordinance is necessary to protect the health, safety, and welfare of the residents of the City of Pontiac and to prohibit the use of land in such a way that could have the capacity to harm the City’s residents. Michigan courts have recognized that a moratorium is a common and legitimate planning tool to preserve the status quo while formulating a zoning review and planning development strategy. The City has considered the consequences of having no moratorium but has determined that the moratorium is necessary to allow the City time to research and implement regulations on the land uses specifically addressed in this article.

(Ord. No. 2448, 7-9-24)

42-244 Moratorium.

The City hereby places a moratorium on the issuance of any approval or permit under the City of Pontiac Zoning Ordinance, prohibits the Planning Department from processing and approving any permits under its administrative jurisdiction, and prohibits the Planning Commission from issuing any approval under its jurisdiction for the following land uses:

(1)    Automobile Service (Commercial).

a.    Automobile service (commercial) facilities are defined as a place of business serving auto-related needs including, but not limited to, gas stations, car washes, or mechanics offering routine services, minor repairs, or customization.

1.    Minor repairs generally include any repair or service that does not require removal of the engine head, transmission, or differential.

2.    As is the case in the City’s Zoning Ordinance, vehicle sales facilities and major mechanical facilities as defined in the City’s Zoning Ordinance are specifically exempted from this moratorium.

(2)    Tire Sales Facilities.

a.    Tire sales facilities are defined as places where new or used tires are sold or serviced, and not a “retail sales (indoors)” as defined in the City of Pontiac Zoning Ordinance.

Completed applications which were submitted and accepted by the Planning Department prior to the date of the adoption of the ordinance codified in this article shall not be subject to the terms of this article.

(Ord. No. 2448, 7-9-24)

42-245 Moratorium term.

The moratorium established by this article shall remain in effect for a period of nine months from the effective date of the ordinance codified in this article. Before this moratorium expires, the City Council may, by resolution, extend the moratorium as appropriate to allow sufficient time to complete the research necessary to implement any and all appropriate regulations to protect the health, safety, and welfare of the City’s residents.

(Ord. No. 2448, 7-9-24)

42-246 Validity and severability.

If any part of this article is found invalid for any reason, that holding does not invalidate the remaining parts of this article.

(Ord. No. 2448, 7-9-24)

42-247 Effective date.

The ordinance codified in this article shall become effective immediately upon adoption as authorized by Section 3.112(e) of the City of Pontiac’s Home Rule Charter related to emergency ordinance adoption.

(Ord. No. 2448, 7-9-24)