Legal Definitions - stopgap zoning

Stopgap zoning, also known as interim zoning, refers to a temporary land-use regulation enacted by a local government. Its primary purpose is to prevent certain types of development or construction for a limited period while the community develops or revises a more comprehensive, permanent zoning plan. It acts as a placeholder to maintain the status quo or prevent actions that could undermine future planning efforts.

• Example 1: Managing Rapid Growth

  A suburban town is experiencing a boom in residential construction, with developers buying up large tracts of undeveloped land. The town council realizes its current zoning ordinances are outdated and don't adequately address the need for schools, parks, and traffic infrastructure that accompanies rapid growth. To prevent a rush of high-density housing projects that could overwhelm existing services before a new master plan is complete, the town council enacts a stopgap zoning ordinance. This temporary measure might restrict new residential permits to single-family homes on larger lots or impose a moratorium on multi-family developments for 18 months. This allows the town time to conduct studies, gather public input, and draft a revised, permanent zoning code that aligns with its long-term vision for sustainable growth, without being forced to approve developments that might conflict with that future plan.

• Example 2: Facilitating Urban Redevelopment

  A city council is considering a major redevelopment project for its downtown waterfront area, aiming to transform old industrial sites into mixed-use residential, commercial, and recreational spaces. The current zoning for these industrial parcels would permit new heavy industrial uses, which would conflict with the proposed vision. Before the detailed redevelopment plan and its corresponding permanent zoning changes can be finalized and approved (a process that could take a year or more), the city council implements stopgap zoning. This temporary ordinance might prohibit any new industrial construction or significant alterations to existing industrial buildings within the designated waterfront zone. This temporary restriction ensures that no new development occurs that would be incompatible with the future waterfront plan, thereby preserving the city's options and preventing costly demolition or redesign later.

• Example 3: Addressing Unexpected Development Proposals

  A small, rural county is suddenly approached by a large corporation proposing to build a massive data center on agricultural land. The county's existing zoning primarily designates the area for farming and low-density residential use, and there are no specific regulations for industrial facilities of this scale. The county government needs time to assess the environmental impact, infrastructure demands, and community concerns. The county commissioners pass a stopgap zoning ordinance that places a temporary moratorium on the approval of any new large-scale industrial or commercial developments exceeding a certain footprint or energy consumption within agricultural zones. This temporary measure provides the county with the necessary time to research, consult experts, engage the public, and develop appropriate permanent zoning regulations for industrial uses, ensuring that any future development is carefully considered and aligns with the community's long-term interests.