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Boone County rejects ordinance to allow short-term rentals on A-1 farmland
Summary
After hours of public comment and debate, the Boone County Board voted down a proposed zoning text amendment that would have allowed licensed short-term rentals on agricultural A-1 parcels of five acres or greater.
The Boone County Board on March 20 declined to adopt a zoning text amendment that would have allowed short-term rentals (whole-house guest accommodations) in the county's A-1 agricultural district subject to a licensing program.
Supporters said a permit-and-license approach would let property owners earn incidental income and keep tourist dollars in Boone County. Opponents warned the county lacked finalized licensing rules and that the change could open farmland to unanticipated uses.
The amendment began as Ordinance 25-06, drafted to add a short-term rental definition and make the use permitted in the A-1 district "subject to license." Board member Tom Wahlberg moved to amend the ordinance to include a 5-acre minimum eligibility threshold (the amended draft was called ORD 25-06a). That amendment passed on a voice vote and the board moved to consider the amended ordinance.
During public comment, residents who farm or own property near the planned Woodstock/Caledonia realignment spoke about farming efficiency and the impact of new road corridors; several neighbors of the applicant presented written support for a specific proposed rental on North Boone School Road. Applicant Derek Winkelman and his attorney, Jim Hirsch, told the board the proposed rental was consistent with the county's rural character and that neighbors had not complained about past stays.
Board members debated at length whether to approve the text change before a licensing ordinance (the county's proposed license draft resides in board documents). Supporters argued the text change is a narrow allowance (A-1 only, and only parcels five acres and larger) and that no license could be issued until licensing rules were adopted. Dissenting members, including longtime board member David Wiltsie, said they were uncomfortable permitting a use before final license procedures were in place.
On the final roll-call vote the motion to adopt the amended ordinance failed. Recorded votes during the roll call (as read into the record) were: David Wiltsie: no; Bridal Curry: yes; Melissa Patterson: yes; Tom Wahlberg: yes; Matt Ragano: no; Dana Logsdon: no; Marion Thornberry: no; Carl Johnson: yes; Rodney Riley: no; Josh Shoemaker: yes; Brian Schneider: no. The board chair declared the motion failed.
The board and staff discussed next steps: if members want to revisit the matter, the county could prepare a licensing ordinance first and then propose a zoning text amendment later. Staff advised that the proposed zoning text would have limited geographic effect (A-1 parcels of five acres or more) and that licensing language in draft form was available for board review.
The applicant and several board members said they would continue to work with staff on licensing language and conditions if the board asks staff to develop them for later consideration.
The board also heard procedural clarifications from the county attorney and staff that existing short-term rentals operating without permits would remain ineligible for a license until licensing provisions are enacted and that license suspensions could be written to take effect during a due-process hearing.
The vote ended the ordinance effort on March 20; staff and some members said they would return with licensing drafts or a revised text amendment if requested.
