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Draft definition of 'temporary use' contains a two-year clause that conflicts with a one-year limit

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Summary

The draft's definition section includes a "shall not extend beyond 2 years" phrase that conflicts with a separate clause capping approved temporary permits at one year; the draft does not resolve the discrepancy.

The draft ordinance reproduces a definition of "Temporary Use" that includes a two-year limit in one clause while another provision caps an approved Temporary Use Permit at one year.

The definition reads, in part, that a temporary use is "a use not allowed as a permitted, conditional or accessory use ... which, in the determination of the Planning Commission shall not extend beyond 2 years from inception of such land use." Elsewhere the draft states that "The time for an approved Temporary Use Permit shall only be given for up to 1 year." The draft also repeats that "A determination as to whether or not a land use is temporary shall be based solely upon facts submitted to the Planning Commission at the time of application."

The draft does not include language reconciling the two durations. Because the two clauses could be read to impose different maximums for different administrative actions or to create an unintended internal inconsistency, stakeholders reviewing the draft would likely request clarification on whether the county intends a one-year permit maximum, a two-year definition cap, or a separate process that allows up to two years in certain circumstances.

Until the county reconciles the two clauses in later revisions, the effective maximum duration is ambiguous in the draft text.