Possible fines discussed at zoning appeals meeting
Staff writer
David Brazil, director of planning and zoning for Marion County, told members of the county planning commission/board of zoning appeals Thursday that penalties for zoning infractions need to be significant enough to be effective as deterrents.
There are no penalties at present for non-compliance with or violation of zoning regulations. In consultation with Bucher, Willis & Ratliff, Salina, the county is about to reform and rewrite many of its zoning regulations to fit with the new comprehensive plan.
Board member Mary Avery said she felt developers, builders, and those selling property had an ethical obligation to know the county's "regs" and inform people of them when they do business with them.
The public needs to be better educated about zoning regulations and requirements, she, Brazil, and other board members agreed.
Brazil said he has added several books on zoning and planning to his personal/professional library. He said they are available to board members if and when they wish to borrow and read them.
When Butler County finalizes its regulations on wind farms (for generating electrical power), Brazil said he would ask that county's officials to send him a copy of those regs.
"Not that we have to emulate or follow them," he added. But he said he wanted to keep himself and Marion County apprised of what is going on elsewhere on this topic.
There is a section about wind farming in Marion County's new comprehensive plan.
Brazil suggested the planning board have a couple of work sessions with Bucher, Willis & Ratliff, Salina, about new zoning and planning regulations to be written that will complement the new plan.
Board Vice Chairman Bob Unruh, chairing Thursday night's meeting, said, "The devil is in the details." He said the "regs" can and do govern in making many decisions, so they are very important.
"We need to be on our toes about a lot of issues," Unruh said. "This is an open forum, and no one should have qualms about expressing their opinions."
Returning to the issue of public education or awareness of zoning rules and possible imposition of penalties, Brazil said he would rather help people than punish them.
But the line has to be drawn somewhere, he agreed with commissioners, so that people don't flout the law and make an end run around it.
Unruh said it would be desirable to be "proactive, rather than policing, helping people to stay out of trouble rather than punishing them."
Board chairman Eileen Wieger and member Marquetta Eilerts were absent Thursday. Present were members David Mueller, Glen Unrau, Ervin Ediger, and Willis Ensz.
There is currently one position unfilled on the nine-member board.
In an unrelated matter, Unruh said that, as he understood the Kansas Supreme Court's Sept. 19 ruling in a case involving the county and its old, former landfill southwest of Marion, the county commission could now try to collect some severance (money) from previous owners of that landfill.
