§ 529.40. Restrictions.

(a) Effective date. In order to protect the planning process and the city's legitimate planning goals, upon introduction of an interim ordinance to the city council, or from the date the zoning and planning committee recommends the introduction of an interim ordinance to the city council at its next meeting shall be the effective date of the interim ordinance. After the effective date of the interim ordinance no use, development, project or subdivision for which an application has not been filed prior to the effective date of the interim ordinance shall be established or expanded, nor shall any application for a building permit, administrative waiver, review or approval of any application, including an application for any zoning approval, which concerns the geographical area or subject matter of the interim ordinance filed after the effective date of the interim ordinance be granted or further processed, pending a final decision on the adoption of the interim ordinance. If the interim ordinance is adopted, no permits or other approvals of any kind which concern the geographical area or subject matter of the interim ordinance shall be processed or issued nor shall any use be established or expanded except in accordance with its terms. If the interim ordinance is not adopted, requests for permits and other necessary approvals shall be processed promptly in accordance with the procedures governing the request.

(b)

Scope of restrictions. An interim ordinance may regulate, restrict or prohibit the establishment or expansion of any use, development, project or subdivision for a period not to exceed one (1) year from the date of final approval of the ordinance. The interim ordinance may be extended for the following conditions and durations not to exceed eighteen (18) months:

(1)

Up to an additional one hundred twenty (120) days following the receipt of the final approval or review by a federal, state, or metropolitan agency when the approval is required by law and the review or approval has not been completed and received by the municipality at least thirty (30) days before the expiration of the interim ordinance; or,

(2)

Up to an additional one hundred twenty (120) days following the completion of any other process required by a state statute, federal law, or court order, when the process is not completed at least thirty (30) days before the expiration of the interim ordinance.

An interim ordinance shall not apply to any subdivision which has been given preliminary approval or to any application for establishment or expansion of any use, development or project filed prior to the effective date of the interim ordinance.

(2005-Or-105, § 2, 11-4-05)