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two dwelling units per 50 acres in a conservation zone (over 14 percent slope) with a minimum lot size of ten acres. Under McNear’s proposal, a 50 acre pared zoned conservation could be divided into two 25 acre lots, a 20 acre and a 30 lot or any combination of sizes that left the smaller lot with at least 10 acres.
Currently, the county’s zoning and subdivision regulations allow up to five divisions of land for purposes of conveyance to family members (children or parents) with a minimum lot size of two acres in an agricultural zone and five acres in conservation. "Unless you can find a legally supportable way to defend it," McNear said, minimum lot size for family divisions of land must be the same as those that apply to any other subdivision.
Miller replied that when the subdivision regulations were proposed in 1-961, “we sat up here and tried to get the ordinance passed for four hours. We put the family thing in and it passed in five minutes,” he said, maintaining that the allowance of smaller lots for conveyance to family members must be retained in order for the revised zoning and subdivision rgulations to be “politically acceptable.”
“You could do it but if somebody wants to challenge you, you’re in bad shape.” McNear countered.
“We'fe never going to be able to write an ordinance that’s completely legally defensible.” Fannon argued.
Better Picture
"I think I'm getting a better picture of what you want,” McNear replied, suggesting that he rewrite his proposed revisions - to basically reflect the current zoning regulations “and forget about the niceties, forget about special exception permits.”
Miller answered that the planning commissioners weren’t trying to tell McNear to adopt that approach. Rather, the commissioners wanted him to find a way to prevent (1) small lot development on roads with less than 50 foot right-of-way and (2) resubdivision of land zoned RS-1.
Krebser asked what provisions McNear suggested
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