The purpose of the Zoning Regulations is to conserve and protect property values throughout Barton County through restrictions placed on the use of buildings and land for dwellings, business, industry, conservation and other purposes. Barton County has seven zoning districts: Agricultural, Residential, Commercial, Industrial, Light Manufacturing Service Commercial, Unincorporated Community and Planned Community.
“Every parcel that is in Barton County’s Zoning Jurisdiction is zoned into one of these seven districts,” Environmental Manager/ Zoning Administrator Judy Goreham explained.
The unincorporated areas of Barton County exclude incorporated towns and extra territorial zoning boundaries, such as the 3-mile zone surrounding Great Bend and 1-mile areas surrounding Claflin, Ellinwood, and Hoisington. What is “permitted” and what is “conditionally permitted” within each zoning district is outlined in Article III – District Regulations, which was updated on May 17, 2023.
Permitted Use
Each district specifically lists out what is permitted subject to building permits, floodplain compliance and setback requirements. If a proposed use falls into one of these categories then an application for a building permit can be submitted.
Once floodplain compliance is met and it is determined the proposed use meets the setback requirements, then the zoning administrator issues a permit and building can begin.
Conditional Use
Each district specifically lists out what is “conditionally” permitted under a Conditional Land Use Permit (CLUP), meaning that exemptions are considered under certain conditions and typically with requirements. Under “conditional use” the proposed project is studied more closely and undergoes a process. These projects are subject to the statutory requirements for approval of a conditional use. If that process proceeds with an approval, the application proceeds similar to a permitted use with setback requirements and floodplain compliance.
Process for applying for a CLUP
To apply for a conditional use permit, an application and $150 payable to Barton County is required. Two maps from the County Cartographer are made up.
One is a closeup view of the site and the proposed development along with distances listed; the second map is drawn back further showing the entire parcel and all the landowners that are within 1,000 feet of the parcel. A list of those landowners is provided by the county.
Once everything is received, the county zoning administrator sets a public hearing. There is a mandatory 20-day waiting period for the public hearing after publication in the official county newspaper and mailing to nearby landowners.
“Sometimes it works out that we can do it at the next upcoming Planning Commission Meeting and sometimes it is the following meeting. The Planning Commission board regularly meets on the second Thursday of each month at 9 a.m. This is when the public hearings are held,” said Goreham.
At the public hearing, the chairman of the planning board calls the public hearing to order. An explanation of the proposed use is given as well as comments from the applicant(s).
Landowners within 1,000 feet who were contacted are invited to attend and may contribute to the discussion as well as others from the community.
“Sometimes they are in favor, sometimes they are not, but most of the time they are silent. No calls, no emails, no questions, and they don’t come to the public hearing,” Goreham said. The administrator and the planning board take the silence to mean there is no objection with the proposed use. At the end of the discussion period in the meeting the public hearing is closed.
The regular planning commission meeting begins and board discusses all the aspects of the proposed development as well as the feedback from nearby landowners and others concerned about the project.
The board votes to either recommend approval or disapproval. That recommendation then goes to the County Commissioners for final approval.
Once the Planning commission sends the recommendation along, there is a mandatory 14-day protest period before the county commissioners can vote.
During this protest period Goreham holds a study session with the County Commissioners to educate them on the proposed development and the results of the public hearing. Commissioners meet the applicant, ask questions, and prepare for when the item comes on the formal County Commission Agenda.
In most cases there is a list of “conditions” attached to a recommended approval. Even after the application is approved by the County Commissioners, the applicant can not apply for a building permit until the required conditions have been met.
Goreham said that most of the time the items go to the County Commission on the third Tuesday after the public hearing.
At the agenda meeting the zoning administrator presents the official recommendation to the County Commissioners and they can accept it with a simple majority (3 of the 5). But, to reject it, return it, or override, it takes a super majority (4 of the 5).
