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Lenoir City Council approves one-year extension of moratorium on multifamily development, staff to clarify dates

2985637 · April 14, 2025
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Summary

The Lenoir City Council voted to extend a moratorium prohibiting apartments and multifamily housing within city limits for one year to allow additional study; city staff will clarify the ordinancelanguage and effective date before second reading.

The Lenoir City Council voted to extend a moratorium on apartments and other multifamily housing within Lenoir City limits for one year to allow further study and to ensure the city "is being safe about it," city counsel said.

The extension was approved on first reading during the council meeting after a short discussion about the ordinancelanguage and its effective date. "This is just taking the moratorium for one more year to get our studies done to make sure we're being safe about it," counsel Bob Bowman said during the reading.

The moratorium text under consideration would prohibit construction of apartments and multifamily housing within the corporate limits for one year from the effective date cited in the June 2024 ordinance. Several council members flagged the ordinance wording as potentially confusing; one council member said the way the effective date is written could make the extension expire at the same time as the original ordinance rather than run for a year from the present action.

City attorney Kelsall told council she would "clarify it" and add explicit dates with the first reading so the timing could not be misread or lead to legal challenge. Council members agreed to have the language cleaned up before the second reading.

The moratorium extension followed public comment from Daniel Smith, representing Elsie Town Creek LLC, who asked council to place the justification for the moratorium on the record and whether the study the city discussed had been completed. "What is the justification of the moratorium? I know there was a study that was talked about being done. I don't know if that study has been done," Smith said during public comment.

The vote on the first reading was taken by roll call and recorded as all present voting in favor. Council members recorded as voting "aye" included Waller, Kennedy, Shields, Cavan and Simpson; the meeting transcript lists unanimous support on the first reading.

Council members and staff said the extension would allow completion of a combined comprehensive plan update and a parks and recreation plan, and that an RFQ for the combined plan would be issued soon.

The ordinance will return for a second reading with clarified dates and language. No final ordinance adoption occurred at the meeting; the council approved the extension on first reading only.

Daniel Smith's earlier comment about how the moratorium affects a previously approved site plan for property he represents was entered into the record during the public comment period and was cited by council members as part of the public concerns the extension is intended to address.

The council did not announce a final timeline for completion of the study during the meeting.