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. 2022 Jul 28;14(15):3092. doi: 10.3390/nu14153092

Table 1.

Definitions of legal mechanisms and examples of key legal terms.

Mechanism Definition Example Text
Moratorium A ban on rezoning or permit applications.
Moratoria are frequently imposed to preserve the status quo before adopting a new zoning ordinance.
Cleveland Ord. No. 411-2019. This Council establishes a moratorium on the review and issuance of zoning permits, certificates of occupancy, and other license or permit applications for small box discount stores until 31 December 2020 or until such time as the City has established regulations regarding review and issuance of small box discount stores, whichever is earlier
Special Exception A land use permitted with local government approval. The approval process involves ensuring the standards outlined in the ordinance are met, usually after a public hearing. The terms “special use” and “conditional use” are often used interchangeably with “special exception,” the only difference being that the jurisdiction’s governing body rather than a zoning board must approve “conditional uses.” Fort Worth Ord. No. 21,653. A small box discount store may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12. The City Council may consider the following criteria:
(a) the proposed location is no less than 2 miles from any existing small box discount store
(b) a minimum of 10% of the floor area is dedicated to fresh produce, meat, and dairy products
Prohibited Use Any use of land, which is not specifically listed as a use or special exception within a zoning district.
Local officials may grant a variance, allowing owners to use the land in a manner normally prohibited if the owner demonstrates undue hardship.
Baytown Ord. No. 14,380. Any of the following land uses shall not occur unless it is approved by city council as part of a planned unit development (PUD): Small box discount retail
Overlay District A district applied over one or more existing zoning districts, typically to establish additional or stricter standards for new properties. Birmingham Ord. No. 15-133. The intent of this Article is to establish a Healthy Food Overlay District for the City of Birmingham. The regulations of this section apply to all new uses and structures within the boundaries of the Healthy Food Overlay District…mapped using the low-income/low access census tract data identified as food deserts by the USDA