Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning topic
No spam. Unsubscribe anytime.
Commission declines to extend RPUD moratorium, cites state preemption
Summary
After legal counsel said Senate Bill 180 preempts local moratoriums, the Oak Hill City Commission voted not to accept a proposed one-year extension of the RPUD moratorium, opting to review rezoning requests case-by-case and to pursue comprehensive-plan changes if state law permits.
The Oak Hill City Commission declined to extend by ordinance the city's moratorium on accepting residential planned unit development (RPUD) applications after receiving legal advice that recent state law limits local authority.
The city attorney advised the commission that "it's been preempted by Senate Bill 180," saying the statute reduces the city's ability to enact or extend moratoriums and could expose the city to liability, including attorney'fee exposure, if the city passed an ordinance in a preempted area. He recommended that, rather than extend the moratorium, the commission handle any RPUD rezoning requests on a case-by-case basis and pursue comprehensive-plan revisions in advance so the city is prepared if the law changes.
Commissioners debated whether a moratorium would provide clearer notice to developers or create unnecessary legal risk. One commissioner argued the city should show its intentions to the public; another supported the attorney's approach to preserve discretion and avoid litigation. The commission voted to not accept the ordinance (a motion to decline/table the extension passed with a majority; the vice mayor opposed).
The city attorney noted there is a brief cure period if preemption issues arise and that the commission could enact a different ordinance later if court action or legislative changes alter SB 180's effect. Staff also discussed starting comprehensive-plan work now so the city could act quickly if preemption is lifted.
