ARTICLE IX. MORATORIUM ON SMALL BOX DISCOUNT STORES

42-248 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. 2450, 7-9-24)

42-249 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)    Small Box Discount Stores.

a.    Small box discount stores are defined as retail establishments commonly known as “dollar stores” having a gross floor area between 5,000 and 15,000 square feet that primarily offer convenience and consumer shopping goods, household products, personal grooming and health products, and other consumer goods. Small box discount stores do not include the following:

1.    Stores that contain a prescription pharmacy;

2.    Stores that sell gasoline and/or diesel fuel;

3.    Stores that primarily sell specialty food items, including, but not limited to, meat, seafood, cheese, oils, and/or vinegars;

4.    Stores that dedicate at least 10 percent of their store space to fresh foods; or

5.    Stores that dedicate less than five percent of their shelf space to food sales.

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. 2450, 7-9-24)

42-250 Moratorium term.

The moratorium established by this article shall remain in effect for a period of 12 months from the effective date of the ordinance codified 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. 2450, 7-9-24)

42-251 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. 2450, 7-9-24)

42-252 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. 2450, 7-9-24)