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City attorney flags uncodified zoning ordinances, suggests moratorium while city reviews code
Summary
Hamilton’s city attorney told the council she found zoning ordinances from 2005, 2007 and 2008 that were never codified, leaving contradictions and some provisions unenforceable; she recommended options including staff increases, outsourcing codification, renegotiating intergovernmental agreements and considering a temporary moratorium.
City Attorney Danley told the Hamilton City Council on Feb. 9 that she discovered zoning ordinances adopted in 2005, 2007 and 2008 that were never formally codified, creating discrepancies and contradictions across the local code.
Danley said the review she provided to the council documents the inconsistencies and leaves “several of the ordinances” currently unenforceable. She presented the council with a written summary of those discrepancies and outlined options for next steps: add internal resources to perform a code consolidation, outsource the codification to a consultant, or renegotiate the city’s intergovernmental agreement with county authorities to clarify enforcement responsibilities.
She also told the council that, given the gaps and uncertainty, “a moratorium could be in order until next steps can be taken,” and provided information on how conditional-use permitting currently functions under the city’s procedures. Danley urged a careful review so the city can determine which ordinances can be enforced and which must be updated or repealed.
No formal vote or motion on a moratorium was recorded during the meeting. The city manager and council members did not adopt an immediate enforcement change during the session; Danley’s recommendations were presented for council consideration and potential follow up.
