Lancaster County’s rural landowners will retain the ability to put dog kennels, churches, cemeteries and group homes on their land with little oversight.
County Commissioners on Tuesday rejected a petition seeking to require a special permit for those types of land developments.
Michael Williams, who is building a home in rural Malcolm, sought the change after learning the land to the south of his property is being developed into a cemetery by the United Yezidi Community of America, a nonprofit group.
Williams, frustrated by the fact he could not stop the cemetery, sought the zoning permit change hoping to give rural residents more of a say on the development of neighboring land. Uses that require special permits must be approved by the Planning Commission and require a public hearing.
“This is not about trying to discriminate against somebody. It is about giving people a voice. You people are elected for the people by the people,” he said during a Tuesday public hearing before the County Board.
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Many of the uses he sought changes for have been considered a permitted or conditional use since the 1968 creation of county zoning, said County Planner Tom Cajka. Other uses are more recent, including airfields and domestic shelters, both added in 1996.
“To our knowledge, there has not been any complaints or issues with these uses,” Cajka said.
Williams said rural Lancaster County has changed with more acreages being developed. He said the uses listed in the petition are either nuisances, a possible threat to public safety or a health concern.
“The Planning Commission, in their report, they say dog breeding is an agricultural use. You tell me the last time you ate dog,” he said. “Dogs is not an agricultural business.”
Commissioner Todd Wiltgen responded that dogs have a long tradition in agriculture, primarily for herding and guarding livestock.
Williams also took issue with the fact the Lincoln/Lancaster County Planning Department recommended rejection of his petition. He said Planning Department staff told him the petition would not pass the County Board.
“At that point, we don’t even have a say. The planning commission put a muzzle on me,” Williams said.
Commissioners Deb Schorr and Wiltgen responded that his petition has been given due process. The Planning Commission last month unanimously voted to recommend keeping zoning regulations the way they are.
“Even though the decision might go against your wishes, it doesn’t mean you have not been heard in the process,” Schorr said.