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Commissioners ask whether cluster-development option remains lawful under state code
Summary
During the AR-district discussion commissioners raised the cluster-development option and asked staff and legal counsel to confirm whether state code still permits the county to retain that option or if the statute makes it an owner's choice; staff will research and report back.
Commissioners raised questions about the cluster-development option included in the county's ordinance and whether state code originally required or authorized its inclusion. Miss Perkins said the county would need to confirm whether the current statute allows retention of the cluster option or whether it is effectively the landowner's choice under state law.
"My recollection is the statute reads that it's the owner's choice," Miss Perkins said, noting she would confirm the legal position and return with guidance. Staff and the commission agreed to research the statutory history and whether the cluster option should remain in local code or be handled differently under a new residential district.
