§ 331-147.1. Limitations on use and issuance of site plan, subdivision, special permit, variance, building permit and other land use approvals during pendency of review of proposed amendment.

A. 

Notwithstanding any other provisions of this chapter and the City Code to the contrary, no site plan, subdivision, special permit, variance, building permit, or other land use approval shall be granted and no use shall be established which would be in contravention of a proposed amendment to the textual or map provisions of this chapter for which a public hearing has been set or held by the City Council, until the earlier of the following dates: the effective date of such proposed amendment, as adopted by the City Council, and that date which is 90 days immediately following the date when such public hearing was set, except that a building permit may be granted for construction which did not require the issuance of site plan, subdivision, special permit, and/or variance approval prior to obtaining such building permit. In the event a proposed amendment to this chapter is substantially changed so as to require one or more additional public hearing(s), the latest date of setting a public hearing on such proposed amendment shall be deemed the date on which the afore-detailed ninety-day period commences.

B. 

The City Council shall have the power to vary or modify the application of any provisions of § 331-147.1A upon its determination, in its absolute legislative discretion, that such variance or modification is consistent with the spirit of the intended and general welfare of the City. Upon receiving any application for such variance or modification, the City Council shall refer such application to the Planning Board for a report of said Planning Board. To expedite appeal, the City Clerk shall forward, within 48 hours after receipt of same, such application for relief to the Planning Board for its report. Such report shall be returned to the City Council within 60 days of such reference and shall be placed on the next City Council agenda for determination after expiration of said sixty-day period or receipt of a report from the Planning Board, whichever is earlier. Failure of the City Council or Planning Board to act within the time limit set forth herein shall not be deemed an approval of the required variance or modification.

Added 3-15-2005 by Ord. No. 60-2005