Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning topic
No spam. Unsubscribe anytime.
Public commenter urges limited zoning in Bourbon County, cites KSA 19-2921 and Labette County model
Summary
During public comment, a resident identified as Mary urged the commission to consider 'limited zoning' that exempts agricultural uses, cited KSA 19-2921, and pointed to Labette County's approach as a template; she recommended public education and a ballot referral to settle the question.
Mary, a member of the public, told the Bourbon County Commission that "zoning regulations do not apply to land use for agricultural purposes" and cited the state statute by number: "KSA 19-2921." She argued that the agricultural exemption protects farmers' rights to erect and maintain buildings and keeps personal residences on agricultural land exempt from local zoning restrictions.
Mary described what she called a limited-zoning model adopted recently by Labette County: four zoning districts (agricultural, agricultural transition, village, and industrial park) with restrictions imposed on only 11 specific land uses through conditional-use permits. "Those 11 items require what's called a conditional use permit," she said, listing examples she said were included in Labette's rules such as large-scale solar, wind energy, battery storage, utility substations, and certain public facilities.
She told the commission the Labette approach "allows all housing, retail businesses, and light industrial applications to go in anywhere in the county without permits or restrictions" except for a short, enumerated list of uses, and that existing uses would be grandfathered if zoning were adopted. Mary recommended public meetings to explain zoning before placing any ballot question and suggested the commission could begin the process immediately by passing a resolution to put the issue before voters.
At the end of her remarks commissioners asked follow-up questions about which commercial uses would require permits under the Labette example. Mary responded that common businesses such as a restaurant or motel were not on the conditional-use list she described, while large energy projects and some infrastructure items were.
The commission took no immediate ordinance action on zoning during this meeting. Mary urged public education and multiple hearings if the county moves forward; no formal vote or timeline for zoning action was recorded in the transcript.
