Ordinance Explained: Zoning Addition in Clay Center

Last summer, a zoning ordinance was put into effect in Clay Center. It was adopted after the Planning Commission recommended a revision to the city’s Zoning Ordinance. With No. 2467, a special permit is needed to open certain types of businesses within city limits.

Notably, the amendment refers to healthcare facilities, including a critical access hospitals, independent diagnostic testing facilities, counseling services, surgical centers, etc. would all need a special permit approval, which includes a public hearing, before opening within Clay Center.

The amendment was added after other towns saw healthcare chains replicate services. In recent years, Emporia, Newton, and Lawrence were on that list.

“It’s just an added step of protection,” said City Council member Phil Kasper. “It’s to protect our current healthcare providers from a big system deciding to come in and set up shop. We’re not blocking anyone from coming in, it’s just added an extra layer.”

Zoning Committee member Kurt Haberer said the Planning Commission discussed options with the city attorney. After looking at various options, the board recommended a permit addition to the city of Clay Center.

“I don’t like a lot of additional rules, regulations, and requirements,” he said. “But this would allow the community to have a say that they do or don’t want another healthcare operation. It’s not for us as the planning commission or zoning appeals, it’s for the people of Clay Center to have a say in.”

Though the ordinance was voted last spring and signed in July of 2024, Haberer confirmed no one has yet applied for a special permit.

“Ultimately, if there’s a service coming in, you and I as citizens would have a say. Whether that’s ‘Yes we think we need more’ or ‘No we think they’ve got it covered, and we want to protect their viability,’ this gives the public a chance to have a say in what comes to their town.”

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