Planning commission recommends roadside produce stands that meet Kansas Cottage Food Law be treated as permitted use

At a Dickinson County Planning Commission meeting, commissioners reviewed an initial-use permit request for a seasonal roadside produce stand at 2659 Nicholson Road and voted to recommend that similar stands meeting the Kansas Cottage Food Law be treated as a permitted use and that the County Commission reimburse the applicant’s $200 conditional-use-permit (CUP) fee.

Planning staff told the commission the parcel is zoned AG-40 and about 2 acres, and that the proposed stand would be a roughly 4-by-6-foot structure located 50 to 100 feet from Nicholson Road. Staff said no prepared foods would be sold and that “All produce sold will be grown on-site.” Staff recommended approval with conditions including that signage remain behind the property line and that the applicant comply with the Kansas Cottage Food Law for on-site, shelf-stable food sales.

An individual who identified themselves as a small operator described raising chickens for eggs and producing soaps and said neighbors have expressed support. A resident identifying herself as Laurie (Chapman mailing address) urged the commission to be welcoming to small home businesses and farmers markets, saying the county should avoid burdensome rules for small operators.

One commissioner disclosed a potential conflict of interest, saying he is a vegetable farmer who plans to open a similar roadside market on his land and offered to step aside if the board wanted him to. The commissioner remained in the discussion and later made the motion recommending the commission treat this category of roadside stand as a permitted use, provided the operator follows the Kansas Cottage Food Law.

Commissioners debated whether the stands belong in the zoning code as a listed home occupation/accessory use or should continue to require a CUP. Staff pointed to Article 21 language allowing wholesale or retail sales of agricultural products grown on the premises but acknowledged the code does not explicitly call out roadside stands. Commissioners discussed building‑permit and zoning thresholds: staff said the building‑permit minimum is 100 square feet and members suggested adding a square‑footage threshold (200–300 square feet was discussed) to trigger a CUP in the future.

A commissioner moved that the commission find the described roadside produce stands to be a permitted use when they conform to the Kansas Cottage Food Law and to ask the County Commission to reimburse the applicant’s $200 CUP fee; another commissioner seconded the motion. The commission voted in favor and the motion passed. Planning staff said the item will be forwarded to the Dickinson County Commission for final action and that staff will notify the applicant of the hearing date (staff estimated the item would appear on the commission agenda on the fifth, around 10–11 a.m.).

The board noted that, per procedure, matters heard by the Planning Commission proceed to the county commission after any applicable appeal period. Staff also said it will pursue a clarifying code amendment to explicitly address roadside stands and to clarify square‑footage and permit thresholds going forward.