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location of a gasoline service station or automobile service station
<br />shall be received, reviewed, approved or otherwise acted upon, un-
<br />less otherwise provided in this ordinance. For purposes of this mor-
<br />atorium, an automobile service station shall be considered synony-
<br />mous with gasoline service station as defined in Section 17.08.200
<br />of the Louisville Municipal Code.
<br />Section 3. The restrictions contained in this ordinance shall not be
<br />construed to affect any applications for a use by special review, or
<br />other land use approval for a gasoline service station or automobile
<br />service station for which complete applications were filed prior to
<br />the effective date of this ordinance.
<br />Section 4. Any person who submitted a complete application for a
<br />use by special review, or other land use approval for a gasoline
<br />service station or automobile service station prior to the effective
<br />date of this ordinance, and who believes that application of the
<br />temporary moratorium to such application would be legally invalid,
<br />may file with the City Council a request for an exemption from the
<br />moratorium. The request shall be in writing and fully set forth the
<br />reasons why the exemption should be granted. The City Council
<br />may grant the exemption if it finds that application of the moratori-
<br />um would be legally invalid under the facts presented.
<br />Section 5. The temporary moratorium imposed upon receipt of ap-
<br />plications as set forth in this ordinance is temporary in nature and
<br />may be repealed by subsequent legislative enactment. The tempo-
<br />rary moratorium established by this ordinance shall terminate on
<br />September 30, 2023, unless sooner repealed.
<br />Section 6. If any portion of this ordinance is held to be invalid
<br />for any reason, such decision shall not affect the validity of the re-
<br />maining portions of this ordinance. The City Council hereby de-
<br />clares that it would have passed this ordinance and each part ere -
<br />of irrespective of the fact that any one part be declared invalid.
<br />Section 7. The repeal or modification of any provision of the
<br />Municipal Code of the City of Louisville by this ordinance shall not
<br />release, extinguish, alter, modify, or change in whole or in part any
<br />penalty, forfeiture, or liability, either civil or criminal, which shall
<br />have been incurred under such provision, and each provision shall
<br />be treated and held as still remaining in force for the purpose of
<br />sustaining any and all proper actions, suits, proceedings, and pros-
<br />ecutions for the enforcement of the penalty, forfeiture, or liability,
<br />as well as for the purpose of sustaining any judgment, decree, or
<br />order which can or may be rendered, entered, or made in such ac-
<br />tions, suits, proceedings, or prosecutions.
<br />Section 8. All other ordinances or portions thereof inconsis-
<br />tent or conflicting with this ordinance or any portion hereof are
<br />hereby repealed to the extent of such inconsistency or conflict.
<br />Section 9. The City Council herewith finds, determines and declares
<br />that this ordinance is genuinely and urgently necessary for the im-
<br />mediate preservation of the public health, safety and welfare in or-
<br />der to avoid development that may contravene the City's efforts to
<br />protect the health, safety, and welfare or the registered electors'
<br />efforts to utilize the Initiative process to enact legislation, and it is
<br />thus of critical importance to the City and its residents that any
<br />regulations adopted by the City Council or approved by the City's
<br />registered electors concerning gasoline service stations or automo-
<br />bile service stations be applied to all future applications for such
<br />uses within the City. Therefore, City Council herewith further finds,
<br />determines and declares that it is necessary for this ordinance to
<br />take effect immediately upon adoption, provided the same has
<br />been adopted and signed by the Mayor and approved by two-thirds
<br />of the entire City Council.
<br />INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGEN-
<br />CY ORDINANCE BY TWO-THIRDS OF THE ENTIRE CITY COUNCIL,
<br />AND ORDERED PUBLISHED this 1st day of November, 2022.
<br />Ashley Stolzmann, Mayor
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />APPROVED AS TO FORM:
<br />Kelly PC, City Attorney
<br />Published: Boulder Daily Camera November 6, 2022-1933450
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