Minutes 11-09-2017 - Laserfiche WebLink

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12 Additional Discussion Chair Dorosin asked if there is an update on the permitted uses table that the BOCC reviewed previously. Craig Benedict said the County must list each item that it wants to prohibit. He said this makes the list bigger, which is not the County’s goal. He said staff is trying to cluster items, and have definitions that cover as many uses as possible. Michael Harvey, Project Coordinator Current Planning, said there is a fine balance, and he is trying to be as inclusive as he can. He said one of the elements associated with this is incorporating comments made by elected officials and the Planning Board from last year concerning the various Economic Development Districts (EDD). He said the table of permitted uses project is not going to consolidate the nine EDDs that currently exist, however consolidation would be a good idea. Craig Benedict said decisions need to be made about the procedures, and which processes are easier and which ones are harder. He said specific uses have to be married to a process. Commissioner Marcoplos asked if it is the State which says if a use it not specifically prohibited, then it must be allowed. Michael Harvey said the States wants ordinances to be as inclusive as possible, so that the layman can read and understand them. He said this was reaffirmed by the Bird vs. Franklin State Supreme Court case. He said staff is seeking to assure that viable uses are listed, and identified as permissible or not; or expanding definitions to insure that staff is categorizing independent land uses to avoid the embarrassment of a land owner saying, “It is not listed, so I can do it.” Commissioner Marcoplos asked if such a situation has ever arisen. Michael Harvey said yes, in the Bird vs. Franklin case, which involved a shooting range. Commissioner Marcoplos said that the local government made a mistake. Michael Harvey said yes, and that is why staff is looking at this very carefully. Commissioner Marcoplos asked if there is any recourse that can be taken should a resident come up with a use that simply could not have been predicted, and thus included in the list of prohibited uses. Craig Benedict said the County should not be in interpretive mode, as there is not meant to be a lot of discretion in decision-making. He said if there is a very good definition that seems to cover as much as possible, and staff deems a use as prohibited, the resident can appeal that decision. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to adjourn the meeting at 9:34 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board