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(Continued from Page l) amount of taxes paid by owners of large lots outweighs the cost of services they require, Miller noted. McNear argued that the proposed special exception permit process will be “Just as good a tool” as a blanket prohibition in controlling resubdivision of large lots. If a landowner of a large parcel previously zoned RS-1 wants to resubdivide, and his land is surrounded by other 25 tracts, the supervisors could deny the special exception request on the grounds that the character of the area would be adversely affected, the planner pointed out Miller asked if a denial on those grounds would be legally defensible. “Sure, sure,” McNear replied. In addition, he said he personally didn't think that the attorney general’s opinion should be taken “as gospel,” apparently referring to Coleman’s position that the RS-1 district serves no valid zoning purpose. Miller said he could see a valid zoning purpose in requiring that subdivisions of more than five lots (with any under 25 acres) first be rezoned. Development of one or two lots (now approved administratively without a rezoning) won’t change the character of an area where creation of five or ten lots will, he maintained.
McNear added that his problem with the RS-1 district itself lay in omission of uses allowed by right or with a special permit. (Last year, the planning commission recommended adoption of zoning ordinance amendments which would have added uses allowed by right, uses allowed by special permit and minimum lot size to the RS-1 district. The supervisors, however, failed to act on the commission’s recommendation.)
“If we have to rewrite the ordinance every time a lawyer gives an opinion, we’d be in a hell of a mess!” said commissioner Dave Fannon in reaction to the attorney general’s ruling.
Miller added that various lawyers have maintained that the county’s current zoning ordinance “isn’t worth a damn. But it’s worked for IS years!” He suggested taking the meat of the old ordinance and putting the regulations in proper legal terms in the revised ordinance.
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