Whenever a court declares, by a judgment or decree that is final and further appeal
is no longer available, that the zoning of property is unconstitutional or otherwise
invalid, the property affected is thereupon subject to the restrictions applicable
to the next less restrictive district. Provided however, if the court, in such judgment
or decree, declares that the property may be used for a particular use or uses because
the City has no right to prohibit such use or uses on the property, then the property
shall be subject to the restrictions applicable to the most restrictive district in
which the particular use or uses declared proper by the court are permitted. The zoning
restrictions made applicable to property pursuant to this section remain in effect
for a period not to exceed 120 days after the judgment or decree declaring the prior
zoning unconstitutional or invalid becomes final. The purpose of this section is to
prevent property from being unzoned from the time the zoning thereof is held unconstitutional
or invalid until rezoned by Council.
(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)
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