Moratorium Battle Heats Up

Moratorium: Any authorized delay or stopping of some specified activity.

Gaining support from opinions expressed at the public Comprehensive Plan revision meeting, the concept of limiting certain types of building construction has resulted in a draft temporary limited building moratorium. The Cedar Key Commission has advertised a moratorium ordinance that, if passed after two readings in September, would prevent action on variance requests and several other specified building actions for six months.

The ordinance, drafted by City Attorney David Coffey, originally was for twelve months, and has been described as a legal means of giving time to address a problem while avoiding action. After extensive debate by the Commission, the length of the moratorium was reduced to six months and a provision for exemption of certain historic buildings and areas was added.

Proponents of the moratorium wish to avoid a "land rush" of variance requests in advance of feared possible changes in the Comprehensive Plan. They want time for judicious revision of the Comprehensive Plan and Land Use Regulations. Ultimately, limitation of multi unit attached housing (condominium) development and rapid change of Cedar Key is sought.

Opponents of the moratorium say it is not needed. They add that the Commission should do its job and deal with each request for change on a case-by-case basis. The moratorium is said to harm those who have invested with plans to develop property. Opponents feel that the moratorium will give Cedar Key a reputation for being against business and development.

Political reality is that the moratorium will probably pass. Legal reality is that a moratorium, if limited and specific, will stand up in court. The Commission and its advisory body the Local Planning Agency jumped through all the required legal hoops. The short period of the moratorium suggests that it would expire before winding through court challenges.

Although not everyone is happy with the moratorium in its present form, the democratic process grinds on. No blood was shed. With luck, and political foresight by the Commission, the six month moratorium will be history in six months and those who have predicted an extension will be pleased and surprised.