Zoning, building permits and septic rules in Bennington Township, Kansas

Rules another office applies inside Bennington Township

Bennington Township does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Local zoningPresent (with conditions)

  Unincorporated land inside Bennington township, where Ottawa County's zoning regulations apply unless Bennington township is shown to have adopted its own zoning. Does not cover the incorporated City of Bennington.

  • Zoning is administered by the county zoning administrator designated by the county commissioners (Truette McQueen, per the county page).
  • The county page says the county comprehensive plan was adopted in February 2005 and describes the regulations in prospective terms; the adoption date of the regulations themselves is not stated on the page.
  • Zoning does not regulate building construction materials; a zoning permit is separate from a building permit.
  • Listed exemptions include agricultural use outside a designated floodplain and certain farm and historic dwelling situations.

  “the county commissioners have designated truette mcqueen as county zoning administrator.”

• Zoning districtsPublished (with conditions)

  Zoning districts for unincorporated land inside Bennington township; the county districts are A-1 agricultural, V-1 village, SR-1 single-family suburban residential, C-1 general commercial and I-1 industrial. Not the incorporated City of Bennington.

  • The page describes the five districts and the official zoning map; the map itself was not opened.
  • The page is based on the 2005 comprehensive plan; current district text should be confirmed in the adopted regulations.

  “the zoning regulations comprise five zoning districts.”

• Minimum lot sizeSpecified

  A-1 agricultural district on unincorporated land inside Bennington township (main agricultural district). Not the incorporated City of Bennington.

  • Applies to nonfarm residential uses in A-1; there are exceptions for dividing off an existing farm dwelling, using an historical dwelling site for a new residence, and an existing separately owned lot used as a residential site.
  • All three exceptions must still meet the three-acre minimum under the county sanitary code plus any extra land needed for sewage disposal distances.
  • Other (non-residential) uses in A-1 need a minimum of 40,000 square feet, per the page.

  minimum lot size, nonfarm residential use: >= 20 acres (except for the listed exceptions (farm dwelling division, historical dwelling site, existing separately owned lot)) · minimum lot size, other uses: >= 40000 square feet

  “nonfarm residential uses would require at least a minimum lot size of 20 acres except for various exceptions. other uses would need a minimum of 40,000 square feet.”

  One more reviewed finding on this topic

  • Specified — SR-1 single-family suburban residential district on unincorporated land inside Bennington township (main single-family residential district)

    “this district is established to provide for a minimum of three‑acre lots for rural housing that would also meet the county sanitary code for environmental protection.”

• Camping on your landLimited

  Campgrounds on A-1 agricultural land in unincorporated Ottawa County, including unincorporated land inside Bennington township. Not verified for the incorporated City of Bennington.

  • A campground is listed as a special use in the A-1 district, not a permitted use.
  • Special uses are applied for to the planning board, with final approval by the county commissioners.
  • The page does not address temporary tent or RV camping outside campgrounds.

  “they are classified as "special" because they are not automatically appro­priate everywhere in the district such as an application for a campground, salvage yard, sanitary landfill or commercial wind energy project.”

• Manufactured homesLimited

  Manufactured and mobile homes on unincorporated land inside Bennington township

  • Older pre-1976 mobile homes are restricted; residential-design manufactured homes and HUD-code manufactured homes are permitted under the zoning district rules.
  • Under the zoning regulations, manufactured or mobile homes may be used for specified purposes such as replacing a grandfathered home, a watchman or custodian, farm help, temporary disaster housing, temporary housing during construction, or a hardship on the same lot as a principal residence; they may not be used for storage only.
  • Permitted placement on foundations and skirting is described in the zoning page; the full district schedule was not opened.

  “to limit the placement of older type mobile homes, i.e., pre‑1976 construction, in favor of "residential‑design manufactured homes" and "manufactured homes" which meet the national manufactured home construction and safety standards act of 1976 otherwise known as the hud code.”

• Agricultural exemptionAvailable

  Agricultural use of land and agricultural structures outside designated floodplains on unincorporated land inside Bennington township

  • Agricultural structures in a designated floodplain do not get the exemption.
  • An agricultural compliance certificate may be requested to confirm exemption status; no fee is required for the certificate or for a zoning permit for exempted agricultural structures outside a floodplain.
  • Kansas right-to-farm protections (K.S.A. 2-3201 et seq.) are referenced on the page.

  “(6) the use of land for agricultural purposes including related accessory structures thereon which are not located in a designated floodplain.”

• Subdividing landRegulated (with conditions)

  Division of land in unincorporated Ottawa County, including unincorporated land inside Bennington township. Not the incorporated City of Bennington.

  • Exemptions from platting include creating only one new lot or parcel that does not need a new street or easement, is not in a floodable area, is for agricultural or single-family residential use, meets the county sanitary code, and conforms to county zoning.
  • Land of 20 acres or more in an agricultural zoning district may be sold or transferred in any number of parcels if no new streets or easements are needed, it is not floodable, it is used for agriculture or single-family residence, and it meets the sanitary code and zoning.
  • Dedications to widen existing right-of-way may be required when lots are created under the exemptions.

  agricultural exempt division parcel size: >= 20 acres (agricultural or single-family residential use only; no new streets or easements; not in a floodable area; meets sanitary code; conforms to zoning)

  “a landowner in an agricultural zoning district could sell or transfer any number of lots or parcels of 20 acres or more which (1) don't need any new streets or easements; (2) is not in a floodable area; (3) is used for agricultural or single‑family residential purposes only, (4) meets the sanitary code; and (5) conforms to the zoning regulations.”

• Permit processPartial

  Zoning permits for structures and uses on unincorporated land inside Bennington township

  • The page describes the zoning permit requirement in prospective language from the regulations' introduction; the current permit form and procedure were not opened.
  • Zoning permit is not a building permit.
  • Special uses and variances go through the planning board (also the board of zoning appeals) with county commission final approval for special uses; appeals go to district court within 30 days.

  “obtaining a zoning permit would be required for a proposed structure or use except for the six exemptions listed previously.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Bennington Township or Ottawa County directly.

• Building permit — Building permit requirement for new construction inside Bennington township
• Owner-builder exemption — Owner-builder exemption for permits inside Bennington township
• Building code adopted — Building code adoption for land inside Bennington township
• Inspections — Building inspection requirement inside Bennington township
• Certificate of occupancy — Certificate of occupancy for new dwellings inside Bennington township

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.