Brandon planners propose clarifying 'lot of record' definition after South Dakota case

Acting Chair Alyssa Tealy said the commission would consider a proposed wording change to the city zoning code’s "lot of record" definition and asked staff to bring the item forward for a public hearing in June.

Patrick, a planning staff member, told commissioners the revision responds to a 2024 court case out of McCook County. "There was a court case out of McCook County last year in 2024 that reexamined the definition of lot of record," Patrick said, and he pointed commissioners to the packet language that used similar phrasing to the ordinance the court reviewed.

Patrick said the practical difference hinges on whether "lot of record" is interpreted as a lot that preexists the most recently adopted zoning code or a lot that preexisted the city's initial adoption of zoning. "My understanding of the intent was that a lot of record is a lot that legally preexisted the adoption of zoning," Patrick said, and he noted the city’s zoning code first was adopted on 06/01/1987.

Commissioners asked how the distinction would matter in practice. Patrick said it is most likely to affect R-1 (single-family) lots that historically have smaller frontages than current standards, allowing some historically platted lots to remain buildable if they qualify as lots of record under the clarified definition.

Tealy summarized the procedure required if commissioners advance the change: the commission would schedule a public hearing (likely the first meeting in June), then forward recommendations to the City Council, and the ordinance process typically takes about 60 to 90 days to complete.

Next steps: staff will prepare a public-hearing draft for the commission’s June meeting and the item will proceed through the council process.