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Staff proposes Article 2 edits to UDC, including enforcement clarifications and added referral agencies

Harvey County Planning & Zoning Advisory Board/Board of Zoning Appeals · February 4, 2025
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Summary

Karen Rothe presented proposed edits to Article 2 of the Unified Development Code, adding a ‘parties of interest’ definition, noting enforcement options including affidavits to enforce stop-work orders, and adding the Harvey County Health Department to the referral list; staff will hold public hearings before adoption.

At the Feb. 4 meeting Planning and Zoning Director Karen Rothe reviewed a draft update to Article 2 of the Unified Development Code.

Rothe said she added a definition for "parties of interest" in Section 2.02.02 to explicitly include entities such as road maintenance, fire and sheriff's departments, rural water and sewer providers. She reviewed enforcement language in Section 2.02.04 (stop-work orders) and addressed a board question about stop-work compliance: using bitcoin mining as an example, Rothe said prior stop-work action had been overridden by a court in that instance but that she has the ability to file affidavits for violations and later file another affidavit to cancel the first once property is brought into compliance.

Rothe also said she added the Harvey County Health Department to Section 2.02.05 ('Referral Agencies and Individuals'). She told the board a vote was not required at the Feb. 4 meeting because the Articles must go through a public hearing process; staff plans to present the Articles for public hearing next month.