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Commission approves subdivision of 313-acre parcel; debate centers on Donnelly building’s grandfathered industrial use
Summary
The commission approved a minor plat splitting 3201 Lebanon Road LLC’s 313.79‑acre parcel into two lots while discussing whether the existing Donnelly building’s nonconforming industrial use remains grandfathered and how future users should be handled.
The Boyle County Planning Commission voted to approve a minor subdivision that splits a 313.79‑acre parcel at 3201 Lebanon Road into two lots, a division presented by local industrial development representatives. The proposal separates an approximately 100‑acre area (including an 800,000‑square‑foot building) from roughly 213 acres remaining in agricultural use. Why it matters: splitting the parcel clarifies ownership for sale of the large building but raises questions about whether the industrial use that exists inside the Donnelly building remains a lawful nonconforming ("grandfathered") use after subdivision and potential change of occupant. Staff said the property’s zoning history is confusing: site plans and older documents previously identified the parcel as industrial (IBD) in internal materials, but a review of formal zone‑change records found no official zone‑map amendment; the parcel is recorded as agricultural (AG). Staff advised the commission that the building’s industrial use has been treated as nonconforming inside the AG zone. Commissioners and staff emphasized legal limits of nonconforming status: a short or temporary cessation of use may not constitute abandonment, but a 12‑month discontinuance generally ends grandfathered rights. The commission discussed whether it should require a zone‑map amendment now; staff advised the division may proceed and that any future site plan or change of use by a new tenant would be the appropriate point to require conformity or a zone change. Several speakers noted practical constraints on the remaining acreage (gas lines, pond, terrain) that limit near‑term development potential and that tax reasons may motivate owners to keep the remainder in agricultural classification. Commissioners asked staff to ensure any purchaser of the building is informed that future changes in operation or site improvements may trigger zone‑change procedures. The motion to approve the subdivision passed on a voice vote after staff and commissioners discussed timing and documentation.
