RESOLUTION NO. 2025- R7
A RESOLUTION ESTABLISHING A MORATORIUM AND PROVIDING FOR THE SUSPENSION OF CERTAIN TYPES OF USE APPLICATIONS AND CONSIDERATION ON ANY LAND WITHIN THE UNINCORPORATED AREA OF KINGMAN COUNTY; AND DIRECTING THAT LAND USE REGULATIONS CONCERNING SOLAR ENERGY BE REVIEWED AND CONSIDERED FOR MODIFICATION OR DEVELOPMENT.
WHEREAS, Kansas statutes authorize counties to establish land development regulations to address local development concerns and needs; and
WHEREAS, the Kingman County Zoning Code “Zoning Code” currently allows for the development of a Solar Energy System “SES” as defined therein, subject to a Special Use Permit “SUP” that is obtained after procedures, regulations and standards are met as outlined in the Zoning Code; and
WHEREAS, the Kingman County Planning and Zoning boards have requested a review of all Kingman County Zoning codes pertaining to SESs and SUPs issued for SESs. The Board of County Commissioners have also heard concerns expressed by the public about current SES regulations; and
WHEREAS, a substantial amount of time is needed for the reconsideration and modification of codes concerning SESs, and consideration of use applications for any SES during this time could be detrimental to the welfare of the citizens of Kingman County and slow down the review process; and
WHEREAS, pursuant to K.S.A. 12-741, et seq., and K.S.A. 19-101, et seq., Kingman County has the statutory authority to regulate the conduct of development through this Resolution as legislative action.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF KINGMAN COUNTY, KANSAS that:
1) The consideration and issuance of a SUP for a SES submitted after this Resolution’s effective date is temporarily suspended as outlined herein.
2) The moratorium imposed by this Resolution shall be for a period of twelve (12) months from the effective date of this Resolution. The length of this moratorium may be reduced or extended upon approval of the Board of County Commissioners.
3) During the moratorium, the Board of County Commissioners, the Kingman County Planning and Zoning Boards, applicable Kingman County Employees, and assigns shall use best
efforts to consider amendments and additions to all Kingman County Zoning Codes that address SES use applications and guidelines.
4) If any section of this Resolution shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Resolution as a whole or any part or provision thereof, other than the specific section(s) declared invalid or unconstitutional.
5) This Resolution shall take effect and be in full force and effect after its adoption and publication in the official county newspaper. The County Clerk is directed to publish this Resolution once in the official county newspaper.
Adopted by the Board of County Commissioners of Kingman County, Kansas this 10th day of February 2025.
BOARD OF COUNTY COMMISSIONERS KINGMAN COUNTY, KANSAS
Julie Lyon, Chairwoman and Commissioner
ATTEST:
SEAL
Carol Noblit, County Clerk
Patrick Elpers, Commissioner
Jack Thimesch, Commissioner
Approved as to Form:
Brandon T. Ritcha, County Counselor
