Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Legal Clarity topic
No spam. Unsubscribe anytime.
'Use by right' term drew scrutiny in litigation; staff propose replacing it with clearer language
Summary
Planners told commissioners that the undefined phrase 'use by right' in the county code confused applicants and was singled out by plaintiffs in recent litigation; staff recommended replacing it with terms such as 'authorized use' and explaining threshold standards up front.
County planners told commissioners that the phrase 'use by right' in the land‑use code is undefined and that plaintiffs in recent litigation read the phrase as implying unlimited rights. Staff recommended removing or redefining the phrase and adding upfront guidance on thresholds for permits and impacts.
"The plaintiffs in the leave properties case raised is that our code uses the term use by right, which isn't defined anywhere," Planner Steven said, describing how that ambiguity contributed to the court’s critique. Staff suggested using terms such as 'authorized use' or 'allowed use' and clarifying the code’s threshold standards so the public is on notice when additional review or permits are needed.
Board direction: staff to incorporate clarifying language into the tracked‑change draft and to ensure zoning sections preface permitted uses with explicit statements about additional permits or thresholds.
