ARTICLE X. MORATORIUM ON PLACES OF ASSEMBLY

42-253 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. 2449, 7-9-24)

42-254 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)    Places of assembly, which are defined as a commercial facility for public assembly including but not limited to social clubs, entertainment hall, arenas, auditoriums, conference facilities, banquet facilities, convention centers, and exhibition halls.

(2)    Theaters and performing arts centers are specifically exempt from this article. The Planning Department shall be entitled to process and approve permits for theaters and performing arts centers during the term of this moratorium.

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. 2449, 7-9-24)

42-255 Moratorium term.

The moratorium established by this article shall remain in effect for a period of six 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. 2449, 7-9-24)

42-256 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. 2449, 7-9-24)

42-257 Effective date.

Under authority of the Pontiac Home Rule Charter Section 3.112(e),the City shall adopt the emergency ordinance codified in this article which will be given immediate effect.

(Ord. No. 2449, 7-9-24)