Committee backs nine-month moratorium on new high-density residential applications

The Hendersonville General Committee voted to forward Ordinance 2025-14 to the Board of Mayor and Aldermen recommending a nine-month moratorium on the acceptance, review and approval of applications and permits for high-density residential developments within the city.

Alderman Michael Martin (Ward 2), one of four sponsors, said the proposed moratorium was modeled after an action in Goodlettsville but with a shorter duration and a different density cap. “What we're proposing is a 9 month [moratorium] instead of a 1 year, and we're proposing a cap for high density at 8 units, which ties back to our definition of high density in the West Lake plan,” Martin said. He told the committee the pause would allow staff to finish studies of impact fees and the city's long-term transportation plan and to pursue recommended zoning and subdivision code updates.

An attorney identified as Lance addressed legal concerns about moratoria and regulatory takings. He said courts have upheld temporary moratoria when they leave property owners a reasonable use of their land, further a significant public purpose, and are reasonable in duration. "We found [a valid governmental purpose] to exist," Lance said, citing ongoing work on impact fees, planning department reviews of zoning and subdivision regulations, and transportation-plan implementation as the bases for the moratorium.

Committee members asked whether already-issued building permits would be affected; staff said active building permits issued before the moratorium would not be retroactively halted. No specific pending applications susceptible to the moratorium were identified during the meeting.

The committee voted to forward the ordinance to BOMA for consideration. The moratorium, if adopted by the Board of Mayor and Aldermen, would pause new high-density residential applications for nine months to allow the city to complete the referenced studies and regulatory updates.