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Pottawatomie County Zoning
Note: This page is for informational use only and should not be substituted for the
Unified Development Ordinance of Pottawatomie County.
   
  Zoning
  Pottawatomie County Zoning was adopted in 1962. Zoning is the classification of land into districts for the purpose of regulating the use of land; placement, size of buildings, and activities associated with property.  Zoning is the primary means of ensuring that nearby lands are compatible, and the public health, safety and welfare are protected.

Purpose
  Zoning is used by communities to ensure that land uses are properly situated in relation to one another. Each zoning district requires that adequate space is available for development and that development occurs at a density which can be properly served by public facilities such as streets, schools, recreations, resources, emergency services and utilities. Zoning is a tool through which a community can establish harmonious and compatible uses of land, maintain sufficient open space to conserve natural resources and provide recreational opportunities.

Standard vs Planned Zoning Districts
Standard zoning allows a limited number of adaptations and is more restrictive. In contrast, planned zoning enables greater flexibility in design, whereby you can mix uses that are basically compatible.

For Instance, a developer may want to develop a parcel into single family residential but reserve a specific area for duplexes and maybe even an area for office commercial use.

Development in a planned district requires analysis of a specific site plan.  As a result, a planned development requires the applicant to submit greater documentation of the location of buildings and structures. Planned zoning districts place greater emphasis on the preservation of green space and encourages innovative and creative site planning.

Conditional Use
Some land uses are not allowed as of right in all zoning districts. Rather than be completely excluded, these land uses may only be allowed under special circumstances and may be for limited lengths of time. These special uses require a Conditional Use Permit (CUP).

In order to obtain a Conditional Use Permit, the applicant must apply for one to the Office of Planning and Zoning and it is handled in the same way as a zoning request.

Rezoning
Rezoning property requires consideration by the Pottawatomie County Planning Commission and the Board of County Commissioners. The Planning Commission listens to the request from the applicant, the staff reports and any citizen input and then makes a recommendation to the County Commissioners. Following a fourteen day waiting period (after the recommendation), the Board of County commissioners may vote to either approve the recommendation, deny the recommendation or return the request for rezoning back to the planning commission for further review.

There is certain criteria used to review all proposed changes to the county zoning map, which may include the following:

Character of the neighborhood.
Zoning and use of nearby properties.
Suitability of the subject property for the uses to which it has been restricted.
Extent to which the proposed use will detrimentally affect nearby property.
Length of time the subject property has remained vacant as zoned.
Recommendation of the planning staff.
Conformance with the comprehensive plan.
Availability and adequacy of required utilities and services to the proposed use.
Environmental impact of the proposed use.

Rezoning Steps
  Anyone wishing to rezone a parcel of ground should first visit the office of Planning and Zoning to review the comprehensive plan.

If the zoning request would be in compliance with the plan, then the applicant can make an application to rezone and pay the appropriate fee to get the process started.

Once the application is received, a legal notice of publication must be submitted to the official county newspaper (at least 20 days in advance of the hearing) stating the date, time and location of said hearing.

In addition to the legal publication, all property owners within 1000 feet of the proposed rezoning boundaries must also be notified of said hearing at least 20 days prior to the hearing.

Because of the notification requirements, your must allow a minimum of 45-65 days days for a request to come before the board.

Either the applicant or a representative must be present at the public hearing.

  Zoning Districts
 
  DISTRICT NAME DESCRIPTION
Standard Zoning
Districts
A1 General Agriculture
A2 Rural Center Designed for the unincorporated small communities such as Blaine, Duluth & Fostoria
ABS Ag-Business Intended to allow a variety of agricultural, general commercial, service business & facilities on scattered tracts to serve the farm community & rural neighborhoods.
AM Ag-Manufacturing Provides for heavy to exceptionally heavy manufacturing, processing & construction activities which serve the agricultural community, or potentially hazardous uses that require isolation from developed areas.
AR Ag-Residential Intended for low density residential opportunities which also allow limited amounts of livestock for show, pleasure and care, but does not allow dog kennels.
AR-1 Ag-Residential Same intended uses as AR , but require 10 acres minimum lot size.
AR-2 Ag-Residential Same intended uses as AR , but require 20 acres minimum lot size.
R1 Single Family
Residential
Intended for a low to moderate density of single family homes.
R2 2 & 3 Family Intended to provide moderate density, full service neighborhoods and generally require central utilities.
R3 Multi Family
Residential
Intended to provide moderate density units and mixed use development in area of urban development with central utilities.
MH Manufactured
Homes Park
Intended for manufactured homes & some retail & personal services for the convenience of park residents.
CH Highway & Corridor
Commercial
Intended to provide a limited range of retail facilities, personal services, offices, sales, trade & related accessory uses along major transportation corridors.
CN Neighborhood
Commercial
Intended to provide business & commercial opportunities, primarily for retail trade or personal services in built-up or expanding areas, or central to clusters of rural housing.
C General Service Intended to accommodate uses that are heavy traffic generators, have large scale parking & storage needs, or must use extensive outside storage facilities. Generally require separation from residential areas.
M1 Light
Manufacturing

For light manufacturing in enclosed buildings with attractive & well planned surroundings.
M2 General
Manufacturing
Intended for product fabrication which is not normally compatible with residential or light commercial areas. Site plans are required.
M3 Heavy Exclusive
Manufacturing
Intended to provide contained areas for uses which are generally incompatible with all otheR activities of lesser intensity. Requires impact statements.
 
 
Planned Zoning
Districts
DISTRICT NAME DESCRIPTION
PURD Planned Unit Rural
Development
May allow a mixture of uses from any A1, ABS or CN zoning districts.
PUD Planned Unit
Development
May allow a mixture of all residential uses, all commercial & office uses, some M1 uses & public uses.
PCD Planned Community
Development
May include a mixture of uses permitted by right in CN district, or any institutional, office, medical, or research use.
OVERLAY Special Purpose
District
Special purpose zoning device that does not change the underlying zone. Overlay districts typically carry special restrictions on use and operating guidelines designed to make activities compatible with surrounding land uses.