Interim zoning refers to a temporary zoning measure implemented by local governments. This type of zoning is typically enacted while officials are revising existing zoning laws or developing a new zoning plan. The primary purpose of interim zoning is to maintain the current state of land use or to limit changes until a more permanent solution is established. It is often referred to as stopgap zoning.
Interim zoning is commonly used in land use planning and municipal law. It allows local governments to address urgent zoning issues without undergoing the lengthy process required for standard zoning changes. This term is relevant in various legal areas, including land use, environmental law, and property law. Users can often manage interim zoning situations with the help of legal forms and templates available through resources like US Legal Forms.
Here are a couple of examples of abatement:
One example of interim zoning could be a city facing rapid development pressure that enacts interim zoning to halt new construction while it revises its zoning code. This allows the city to evaluate its infrastructure and community needs before allowing further development.
(hypothetical example) A town may implement interim zoning to prevent any new commercial developments in a residential area while it works on a new zoning plan that better reflects community desires.
In the case of Liberty Cove, Inc. v. Missoula County, the Montana Supreme Court ruled that due process requires that the notice and hearing procedures of standard zoning apply to interim zoning. Additionally, the case Matson v. Clark County Bd. of Comm'rs emphasized that interim zoning should not be burdened by the lengthy processes typical of ordinary zoning, particularly in states with permissive vested rights doctrines.
| State | Interim Zoning Practices |
|---|---|
| Montana | Requires adherence to due process for notice and hearings. |
| Washington | Allows flexibility in procedures to expedite interim zoning. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Stopgap zoning | Another term for interim zoning. | Essentially the same; often used interchangeably. |
| Permanent zoning | Zoning regulations that are established and intended to last indefinitely. | Permanent zoning is not temporary and involves a more comprehensive process. |
If you find yourself affected by interim zoning, consider the following steps:
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It serves to maintain the status quo in land use while a more permanent zoning plan is created.