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County attorney: moratoriums are risky; special-use permits offer public review
Summary
County Attorney Scot Farthing told attendees courts often overturn moratoria; staff said shifting data-processing uses to special-use permitting would create a public process before any approval.
At the close of public comment, county staff and legal counsel described how the ordinance could control future proposals.
Clegg Williams said the key practical effect of the draft would be to remove "data processing facility" as a by-right use and require a special-use permit in commercial and industrial districts, "so there would be a public process followed by a recommendation from Commissioners to the Board to either approve or deny the special use permit." County Attorney Scot Farthing cautioned that courts "constantly overrule moratoriums" and advised the public that a moratorium may be vulnerable to legal challenge. Staff and the attorney encouraged residents to use the public permit process as the primary available mechanism for review and conditions.
No moratorium or ordinance change was adopted at the hearing; the board adjourned after encouraging continued dialogue between residents and supervisors.
