Legal Definitions - interim zoning

Interim zoning refers to temporary land use regulations enacted by a local government. These provisional rules are put in place for a limited period while the government develops, studies, or revises a more permanent and comprehensive zoning plan or addresses an urgent planning issue. The primary purpose of interim zoning is to prevent uncontrolled or undesirable development from occurring during this planning phase, which could undermine the goals of the eventual permanent zoning or create irreversible problems.

Here are some examples to illustrate how interim zoning works:

• Preventing Hasty Development During a Master Plan Update:

  Imagine a rapidly growing suburban town that decides to undertake a complete overhaul of its master plan and zoning ordinances, a process anticipated to take two years. During this period, developers might rush to submit projects under the existing, potentially outdated, rules before the new, more restrictive ones are finalized. To prevent this, the town council could enact an interim zoning ordinance that temporarily prohibits new large-scale commercial developments or high-density residential projects in specific areas for the duration of the planning period.

  How it illustrates the term: This temporary measure ensures that the town's vision for future growth, which will be articulated in the new master plan, is not compromised by development decisions made under the old rules. It provides a "pause button" for development while thoughtful, long-term planning occurs.

• Responding to an Environmental Concern:

  Consider a city council that learns a large, undeveloped tract of land adjacent to a critical wetland ecosystem is about to be sold to a developer planning a massive industrial park. While the current zoning might technically permit such a development, the city wants to study the potential environmental impact and consider rezoning the area for conservation or lower-impact uses. To gain time, the city could immediately pass an interim zoning ordinance that temporarily restricts new heavy industrial construction or extensive land alteration in that specific area for six months to a year.

  How it illustrates the term: This temporary restriction allows the city to conduct necessary environmental impact assessments, hold public hearings, and draft permanent zoning changes without the immediate threat of a project that could cause irreversible ecological damage.

• Addressing Infrastructure Overload:

  A small coastal community discovers that its existing wastewater treatment plant is operating at maximum capacity and cannot handle any significant increase in population. Simultaneously, several developers have submitted plans for new multi-family housing complexes. To prevent a public health crisis and allow time for infrastructure upgrades, the town council might implement an interim zoning ordinance that places a temporary moratorium on new residential building permits for developments over a certain size until a plan for upgrading the wastewater infrastructure is finalized and funded.

  How it illustrates the term: This temporary zoning measure prevents the town's essential infrastructure from being overwhelmed, providing a crucial window for officials to address a critical public service issue without completely halting all development indefinitely.