| Pottawatomie County Zoning Frequently Asked Questions | |
| Why Do I Meed A Building Permit | |
| A building permit is needed for all site built dwellings and accessory
structures, as well as manufactured homes, moved in homes and all additions to structures.
However, a building permit is not needed for small storage sheds 120 square feet or less,
fences, play houses and play equipment. Agricultural structures need to obtain a permit in order to
make sure they are not being placed in any floodplain and that they have the proper setbacks.
There is no fee for any agricultural structure on 40 acres or more. |
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| What Is The Cost Of A Building Permit | |
| See Zoning Fee Schedule |
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| How Many Acres Do I Need To Build A Home | |
| As a general rule, you need a minimum of three (3) acres if you will be served by a
rural or city water district and have a private septic system. You need five (5) acres if you have a
private well and private septic system. The acreage requirement does include road easement. If you
can be served by total public utilities (water and sewer), then the lot size can be as small as 7500 square feet.
Rezoning may be required in some cases. |
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| Where Can I Place A Mobile Or Manufactured Home In The County | |
| Any type of mobile or manufactured home may be placed on an operating farm of 40
acres or more for either the owner, a blood relative or an employee of the farm. Manufactured homes
1976 and newer may be placed in zoned mobile home parks. Residential designed manufactured homes
(ones with pitched roof and shingles, wood or vinyl siding and on a permanent foundation) may be
placed on single tracts (under 40 acres) that are zoned agriculture and are not in an area of the
county planned for residential development. These manufactured homes must not be more than five
(5) years old at the time the permit is applied for. Residential designed manufactured homes with a minimum width of 22 feet (commonly referred to as a double wide), and with a pitched roof with shingles and wood or vinyl siding may be placed anywhere a site built home is permitted, as long as there are no private restrictive covenants prohibiting them. |
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| What Do I need To Do To Apply For A Building Permit | |
| The first thing to do is check with our office to see if the land is properly zoned,
and what, if any restrictions apply, and/or if there is any floodplain on the property. If you are wanting
to build in a floodplain, there are extra regulations that apply. If the land is properly zoned, you next need to contact the County Sanitarian to determine what type of sanitary system will be required. You must obtain an environmental health permit before a building permit can be issued. If you will be needing a new entrance onto the property, you must contact the County Engineer's Office for approval. |
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| Will I Have To Rezone The Property | |
| That depends on what you wish to do and the current zoning of the property. When countywide
zoning was established in 1972, the entire county was zoned A1 (agriculture), with a few exceptions. If you
are wanting to establish a commercial or manufacturing use, then most likely the land would need to be rezoned.
If you are wanting to build a single family home, rezoning of the property may be required. Please check with
our office for details.If you plan to develop a subdivision, then rezoning and platting is required.
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| What Do I Need To Do To Rezone | |
| You must first check with our office to see if the zoning classification you are seeking
conforms to the master plan of the county. If it does, then you need to fill out an application, pay the
appropriate fee and appear before the planning commission at the scheduled hearing. All requests for rezoning
must be published in the official county paper and all property owners within 1000 feet of the proposed zoning
must be notified at least 20 days in advance of a hearing, of the date, time and place of said hearing. Please
allow 60 to 90 days for the zoning process.
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| What Is A Plat And Who Can Prepart One | |
| A plat is a scaled drawing on a permanent piece of paper (Mylar, linen) that shows the
boundary of the tract or lots, distance measurements, building setbacks, utility and road easements
and any other pertinent notes required by the planning commission. The plat has signature blocks for
the owners, staff and county commissioners. An up to date Certificate of Title Commitment must accompany
all plats. Once a plat is approved, it is the responsibility of the applicant to record said plat in the
Register of Deeds Office. A plat must be done by a Licensed Land Surveyor, and must also be reviewed by a
separate Licensed Land Surveyor. See Plats for more information.
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| Does The County Have Building Codes | |
| No. At this time, (with the exception of ADA requirements for commercial buildings),
the county has not adopted any building codes. It is the responsibility of the buyer to check the quality of
construction and to make sure proper codes have been followed.
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| What Are Restrictive Covenants | |
| Many developers file what is called Restrictive Covenants with their plats. These are
private agreements between the developer and buyer and can require stricter regulations than what the
county requires. i.e. Minimum square footage of dwellings, minimum design control, architectural approval,
prohibition of livestock etc.
It should be noted that the county DOES NOT enforce these regulations. Enforcement is done in court through a private attorney. |