FREQUENTLY ASKED QUESTIONS

Q. Its my land. Why do I have to get a permit?  

Q. Why should I get my water tested, it tastes fine?  

Q. I want to put a trailer home out in the county on my own land. Are their any regulations I have to follow?  

Q. My friend Jim said I don't have to get a permit for that, do I?  

Q. Can I build in the floodplain?  

Q. My neighbor is really doing some bad things with his or her property. What can I do?  

Q. Well if I make a complaint, aren't they going to find out it was me that complained?  

Q. I am for/against a case in front of the Zoning Board. How can I make my opinion known?  

 

 

Q. Its my land. Why do I have to get a permit?

A. That is a good question. Way back in the 1800's the concept of zoning was introduced in New York City. Since then the courts have held that the state my have an interest in restricting what private property owners may do on/with their land under the federal police powers act. This act states that to protect the health, safety and welfare of the public at large certain restrictions may be placed on a private property owners ability to use their land as they see fit. For instance, in Ford County we have a building height restriction of 35 feet. This is not to prevent skyscrapers. This restriction is to allow the Fire Department 's ladder equipment to reach the top story of all homes in the county. Numerous other examples could be offered, but to simplify the answer, there is a viable reason for every regulation in the book. Believe it or not, we don't like stupid regs anymore than you do. If we find a regulation is not working, or is just plain wrong we try to get the elected officials to remove it.

 

Q. Why should I get my water tested, it tastes fine?

A. There are all kind of things that can make you sick that naturally occur in Ford County's groundwater. Not a single one of these contaminates have an odor or taste at levels where they can make you ill. If you drink from a private well it is a good idea to have your water tested by a certified laboratory once a year. You would be surprised by the amount of illnesses that are directly attributable to bad drinking water in the rural areas.

 

Q. I want to put a trailer home out in the county on my own land. Are their any regulations I have to follow?

A. You bet! The regulations are quite complex. What you need to do is call 227-4739 and make an appointment. Once you are in the office we will ask you what you want to do, and work with you so your new home will meet the legal requirements and reflect your vision. Please come by for a visit BEFORE purchasing your land, home or signing a contract. Many people have bought land only to find out that the lot was not usable for their purposes. Others have bought manufactured homes only to find out that their new home was not eligible to be placed in the county. When in doubt, CALL US!

 

Q. My friend Jim said I don't have to get a permit for that, do I?

A. Don't rely on advice from others. Call us and we will give you a straight answer. You don't even have to give us your name, and we don't have Caller ID. We answer "hypothetical" questions all the time and don't mind doing so.

 

Q. Can I build in the floodplain?

A. Yes, but it can be very expensive to meet the federal flood plain requirements. You may be better off paying twice as much for a lot out of the floodplain because of the increased costs associate with elevating the home, septic system, utilities and other associated costs. Remember they call it the flood plain for a reason. If you really want to go this route come visit with us first. If you build a home in the floodplain without meeting the federal requirements you CANNOT be covered with flood insurance and may actually be liable for the damage your home does to others as it floats down stream.

 

Q. My neighbor is really doing some bad things with his or her property. What can I do?

A. First, talk to your neighbor. You would be surprised how nice some people can be if they are given a chance to explain their situation and why they are doing something. If that doesn't work you can report a problem to us. If it is something that is controlled by the zoning regulations we will start an investigation. Realize that our goal is not to punish people for unknowingly violating a regulation. Our goal is to assist a citizen to come into compliance. Prosecution is a last resort. We only refer a case to the County Attorney when there is no hope of resolving it at an administrative level. We need a signed letter to initiate a complaint.

 

Q. Well if I make a complaint, aren't they going to find out it was me that complained?

A. We do not release the name of the complainant to anyone other than law enforcement officials that have a need to know. The Kansas Whistleblowers Act protects your name. However, there have been cases where the name of a complaining party was released during court proceedings. One other thing to know, in all of the complaints I have worked, every single person being turned in immediately tries to guess who turned them in. In each and every instance, they guessed correctly the first time. We try to keep a stern poker face during these sessions and direct the conversation back to the issue at hand.

 

Q. I am for/against a case in front of the Zoning Board. How can I make my opinion known?

A. There are several methods I have seen effective people and organizations use. The most effective people compare the proposed zoning change to the County Comprehensive Plan.  The most effective counter or support arguments use logic and facts to express a point of view.  Write a concise and well reasoned letter to the board after you have reviewed the development plan. Don't write a letter based upon a rumor you heard. Such letters are often dismissed outright, and any pertinent comments they have go with them.

Include references to specific sections in the Ford County Comprehensive Plan, and how the proposed changes fit the spirit and specifics of the plan.

Include graphics. Nothing demonstrates a vision or a concern better than pictures.

Find other people that agree with you. Have them write a letter also. Twenty letters expressing the same opinion carry more weight than one letter carrying twenty signatures.

Research. Research Research. Find out what other developments like this one have turned out like. Then present these facts.

Show up at the hearing! When it is your time to speak, SPEAK, don't assume someone else will express your point of view. They might be a little hesitant to talk and you could miss your chance. Have some notes with you if you are shy, and cover your points without rambling. Speak loudly and clearly and get to the point. Avoid name calling, innuendoes, and cheap shots, these give the opposition ammo and sympathy.

If the vote doesn't go your way, remember you still have the County Commissioners Hearing, and if that fails, you have the right to appeal it to the District Court and beyond.  

The top 10 least effective  ways to present your case are:

10.  To scream, yell, cry, rant, try to intimidate or otherwise abuse the zoning board.

9.  To say that it will lower your property values without proof.  You would be surprised at the weird stuff that will actually raise your property values. Or to complain that it will trash the neighborhood when your property next door is known as a local eyesore.

8.  To give the Zoning Board a lecture on what their duties and responsibilities are.  They know what they are.  As a matter of fact they attend training yearly to remind them of theses responsibilities.  And yes, they have read, and do support, the Constitution of the United States of America.  

7. To say that you have relatives that have lived in Ford County since the Jurassic Era and that your genetic linage gives your opinion more weight than anyone else's should have.

6.  To say the exact same thing as the last thirty people have said.  Once one or two people make a point the board has digested it and will consider it in their deliberations.

5.  To assume that because you are a "big man on campus" your opinion is the most important in the room.  

4.  To accuse the applicant of something you cannot prove in a court of law.  This is one of my personal favorites.  It goes like this: "Billy Bob might have had a D.U.I. in 1971, and we all know he may be cattin' around on Amy-Lorraine, so that makes his Quikie Mart plan suspect. 

3.  To suck up to the Zoning Board.  Please, this may have worked in 7th grade for Eddie Haskell, but it doesn't work now that we are all adults.

2.  To threaten to file a lawsuit.  Our lawyers are much better than yours, and we will win because we are good at what we do and we follow the law.

1.  To use the phrase "those people" and assume with a wink that we all know what you mean and that we really don't like those people either.  All cases in front of the Ford County Zoning Board are judged without account of the applicant's race, gender, religion, or national origin. 

As Sgt Joe Friday said :  "Just the facts, Ma'am".