Douglas County commissioners to consider allowing more flexibility for home-based auto and welding businesses

photo by: Journal-World

The west side of the Douglas County Courthouse, 1100 Massachusetts St.

Douglas County commissioners may ease rules on home-based businesses, allowing more flexibility for home-based shops that do auto and welding work.

On Wednesday, county commissioners will consider a text amendment to revise standards and the registration process for small-scale businesses that are run out of people’s homes in the county’s unincorporated areas. The home occupations must still be compatible with a dwelling and the surrounding neighborhood, but a previously proposed change called for stiffer rules for auto and welding business, of which there are several in the county.

The proposed changes adjust regulations for small-scale automotive businesses by allowing welding when it’s part of another permitted use and by removing automotive upholstering from the list of prohibited activities.

In addition, the list of prohibited home occupations has now been labeled as “Uses deemed not to be a Home Occupation.” According to a memo in the agenda, this change gives the Zoning and Codes Director flexibility to consider small-scale businesses — like auto repair or welding — on a case-by-case basis, as long as they meet all the proposed standards.

As the Journal-World reported, commissioners deferred action on the amendment in January because they wanted staff to explore language that could make it more permissive for automobile, welding and upholstery businesses to be home occupations.

Public Works Director Tonya Voigt previously told commissioners that businesses such as automobile painting, upholstering, mechanical or body repairs along with welding and machine shops were listed as prohibited because of the noise disruption and traffic that could result from the business. However, maintenance and repair of agricultural equipment is allowed as a home occupation. Commissioner Karen Willey said prohibiting this entire class of activities seemed like a very different intent than regulating the impacts.

Another update affects regulations for Type 2 Home Occupation registrations, which are businesses run from a home or accessory building with up to four employees. The change allows the Director of Zoning and Codes to impose conditions, such as limits on hours, location, or specific activities, if deemed necessary to reduce off-site impacts or protect public health, safety, and welfare.

Since the meeting in January, county staff say they have been monitoring a bill in the Kansas Legislature that limits the ability of local governments to regulate home occupations – also known as HB 2343. The bill passed in the House, but it did not advance beyond committee in the Senate. Had that bill passed — which it could come back next year — the county’s entire set of regulations may have had to change significantly.

In other business, county commissioners will:

• Hear a department overview of the Douglas County Zoning and Codes Department. County departments are providing an overview of their operations and services to the county commissioners during work sessions during the first quarter of 2025. No action will follow the session, which is intended for informational purposes only.

• Consider accepting Kansas Department of Transportation funding in the maximum amount of $1.4 million for a project to replace a bridge located at N 1800 Road, also known as the Farmer’s Turnpike. The route provides heavy truck access from I-70 to the industrial park on Lakeview Road, and the bridge is showing increased signs of concrete deterioration. The project is planned for construction in 2026, according to a memo in the agenda.

The County Commission’s work session will begin at 4 p.m. Wednesday in the Douglas County Commission meeting room at 1100 Massachusetts St. The business meeting will follow at 5:30 p.m. The meeting will also be available via Zoom.