In response to: Subdivision as a use by right????? posted by Mike Markus on February 25, 2000 at 17:22:47:

What is the zoning of the land? What are the provisions of that zone, the listed uses and lot size?

Many areas have agricultural zones with minimum lot sizes of 5 acres or less which does allow residential subdivisions that meet the minimum lot size. As long as the subdivision regulations are met, the commission then has no latitude to deny outright the proposal.

Minimum lot sizes should be set to support the principal use, then if a change in land use is proposed, it goes through a zone change, in which the commission has the ability to deny the developer subdivision.