Information for Miami County residents regarding the transition of the Community Growth Areas back to Miami County land use jurisdiction
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What is this all about?
Since 1995 the Community Growth Areas (CGAs) have been in place to give some area cities extraterritorial control over zoning and building activities within the growth area boundaries. Last year the Board of County Commissioners voted to dissolve the growth areas, effective September 1, 2011. During the interim period, county and city staff members have been working to ensure a smooth transition for these areas back to the county’s jurisdiction. This includes the creation of a draft zoning map that will assign county zoning designations to properties in the growth areas, and a new framework for communication between the county and the cities for new development proposed in close proximity to city limits.
Please check back with this web page periodically, as additional information will be provided throughout the process.
DRAFT ZONING MAP
Click here to view the current zoning map of Miami County
Click here to view the draft zoning map of Miami County
Click here to view the map detail of KC Road
Click here to view the map detail of Paola
Click here to view the map detail of Osawatomie
Click here to view the map detail of Spring Hill
WORKING GROUP MEETINGS
FREQUENTLY ASKED QUESTIONS
Q: Why are the Community Growth Areas being dissolved?
A: Property owners living within the CGAs did not have direct elected representation over land use decisions within their respective nearby cities. While Planning Commissioners were appointed from within the CGAs to advise City Council decisions, ultimate approval authority of such things as rezonings and conditional use permits is through an action of the City Council. The Board of County Commissioners’ primary reason for voting to dissolve the CGAs is so that final decisions for all land use decisions within the unincorporated areas would be made by officials who are directly elected by those residents affected by the decisions.
Q: Is my property in a Community Growth Area?
A: Please feel free to identify your property on the county’s current zoning map to determine whether or not it is in the Spring Hill, Paola, or Osawatomie Growth Area. You may also contact the Planning Dept. for a determination.
Q: If my property is in one of the CGAs, how will things change for me on September 1st?
A: For the vast majority of property owners, there will be very little, if any, notable change to the rules for development or use of their property. The draft county zoning map that proposes Miami County zoning districts for properties in the CGAs has been developed with the intent to have the least impact upon property owners as its guiding principle. For example, if you have a low-density residential or agricultural zoning in the city, you would be assigned “Countryside” zoning in the county, allowing essentially the same uses of property and not creating a legal nonconforming structure of any existing houses or accessory buildings. If a property in Paola’s CGA is currently zoned “Business Park (BP)”, it would be converted to Miami County “Business Park” district.
Q: What is a “legal nonconforming structure” and do I have to worry about my ability to rebuild or continue its use?
A: Legal nonconforming structures are buildings that were legally created for a legal use, but do not meet current/new zoning regulations. The zoning regulations state that such structures and their uses are allowed to remain, but may not be reconstructed if they are destroyed beyond 50% of their value, or be used for a nonconforming use if the former use has been discontinued for a continuous period of six months. The point of assigning new zoning districts that match the current uses of property in the CGAs is to ensure that property owners will not have currently legal buildings/uses become legal nonconforming situations. That way, if a building were destroyed by a storm or fire, there would be no problems securing permits to reconstruct due to zoning incompatibility.
Q: Does the city have any veto power over land development applications or building permits once the CGAs are dissolved?
A: No. Once the CGAs are dissolved the cities will have no power of approval or denial regarding land use development applications or building permits.
Q: I have a conditional use permit that was approved by the city. To whom do I apply when it is time for my permit to be renewed?
A: Conditional use permits will transfer to Miami County, so renewals should be sought through the Miami County Planning Department.
Q: What are the main differences one can expect between developments that occur under a city’s zoning ordinance vs. the county’s ordinance?
A: County zoning districts are designed for a much lower density or intensity of uses. Traditional suburban-level subdivisions are not meant for development in the unincorporated areas. Any landowners on the outskirts of a city that wish to subdivide property for higher density residential development would be encouraged to approach the city to discuss the possibility of annexation.
Q: Will there be a public hearing prior to adopting a new zoning map?
A: Yes, once the final draft of the map has been completed a public hearing will be scheduled with the Miami County Planning Commission. Barring any setbacks, this public hearing will occur on Tuesday, August 2nd, at 7:00pm in the Commission Chambers at the Miami County Administration Building. Residents and business owners attending that meeting will have an opportunity to provide input prior to the Planning Commission’s vote on a recommendation. The recommendation of the Planning Commission then goes to the Board of County Commissioners for final approval following a minimum 14-day protest period.
Anyone with questions about the proposed map or the process should feel free to contact Miami County Planning staff at any time. We are happy to sit down and answer any questions you may have. It is not necessary to wait until the public hearing to have your questions answered.
Q: I have a lot that is smaller than the county’s zoning district minimum lot size. Can I still get building permits?
A: Yes, there is no additional restriction on obtaining building permits for existing lots that are smaller than the minimum size set by the zoning district. The new structure will still have to meet the some setback requirements, and use requirements of the zoning district, but there is no penalty for having a lot size that is less than the minimum.
Q: Do I still need to obtain building permits for new structures?
A: Yes, building permits are required to construct new buildings in Miami County.
Q: Whom do I contact with other questions I may have?
A: Email the Miami County Planning Department, or call us at (913) 294-9553 between 8:00am and 4:30pm, Monday through Friday.
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