reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-715c Same; procedure for adoption, amendment and enforcement of regulations.

12-715c.
Same; procedure for adoption, amendment and enforcement of regulations.
This act is supplemental to the authority granted by K.S.A. 12-707, and amendments thereto, and any city empowered by this act to adopt zoning regulations for the area outside the city shall plan, adopt, amend, enforce and review zoning regulations in conformity with the provisions of article 7 of chapter 12 of the Kansas Statutes Annotated, and amendments thereto, insofar as such provisions can be made applicable.
History:
L. 1969, ch. 76, § 2; L. 1984, ch. 67, § 2; May 17.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-715d Same; city regulations and authority terminate upon adoption of regulations by county.

12-715d.
Same; city regulations and authority terminate upon adoption of regulations by county.
This act is supplemental to the provisions of the laws of this state which authorize counties to adopt zoning regulations for all or any part of the land located within the county and outside of any incorporated city, which laws are specifically K.S.A. 19-2901 to 19-2937, inclusive, and amendments thereto. All city zoning regulations and the authority of any city to adopt zoning regulations for land located outside the city shall cease and terminate as to any tracts of land lying within such area on the date the county places in effect zoning regulations governing the same tracts of land which are in reasonable conformance with a comprehensive plan and have been adopted in conformity with the appropriate statutes set forth in this section.
History:
L. 1969, ch. 76, § 3; L. 1984, ch. 67, § 3; May 17.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-741 Planning and zoning in cities and counties; authorization.

12-741.
Planning and zoning in cities and counties; authorization.
(a) This act is enabling legislation for the enactment of planning and zoning laws and regulations by cities and counties for the protection of the public health, safety and welfare, and is not intended to prevent the enactment or enforcement of additional laws and regulations on the same subject which are not in conflict with the provisions of this act.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-742 Same; definitions.

12-742.
Same; definitions.
(a) When used in this act:
(1) "Base flood" means a flood having a 1% chance of being equaled or exceeded in any one year;
(2) "floodway fringe" means those portions of a flood plain outside of the boundaries of a regulatory floodway and within stream reaches where such a floodway has been established;
(3) "flood plain" means land adjacent to a watercourse subject to inundation from a flood having a chance occurrence in any one year of 1%;
(4) "governing body" means the governing body of a city in the case of cities and the board of county commissioners in the case of counties;
(5) "manufactured home" means a structure which is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403;
(6) "planning commission" means a city, county, regional or metropolitan planning commission;
(7) "residential-design manufactured home" means a manufactured home on permanent foundation which has (A) minimum dimensions of 22 body feet in width, (B) a pitched roof and (C) siding and roofing materials which are customarily used on site-built homes;
(8) "subdivision" means the division of a lot, tract or parcel of land into two or more parts for the purpose, whether immediate or future, of sale or building development, including resubdivision;
(9) "subdivision regulations" mean the lawfully adopted subdivision ordinances of a city and the lawfully adopted subdivision resolutions of a county;
(10) "zoning" means the regulation or restriction of the location and uses of buildings and uses of land;
(11) "zoning regulations" mean the lawfully adopted zoning ordinances of a city and the lawfully adopted zoning resolutions of a county.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-743 Same; notice to other units of government.

12-743.
Same; notice to other units of government.
(a) Before any city adopts a comprehensive plan or part thereof, subdivision regulations, zoning regulations or building or setback lines affecting property located outside the corporate limits of such city, written notice of such proposed action shall be given to the board of county commissioners of the county in which such property is located. Such notice also shall be given to the township board of the township in which such property is located if the township is located in a county not operating under the county unit road system. Such notice shall be given at least 20 days prior to the proposed action.
(b) Before any county adopts a comprehensive plan or part thereof, subdivision regulations, zoning regulations or building or setback lines affecting property located within three miles of the corporate limits of a city, written notice of such proposed action shall be given to the governing body of such city. In any county not operating under the county unit road system, before any county adopts a comprehensive plan or part thereof, subdivision regulations or building or setback lines, written notice of such proposed action shall be given to the township board of such township in which the affected property is located. The notice required by this subsection shall be given at least 20 days prior to the proposed action.
(c) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-745 Same; planning commission; meetings; officers; powers.

12-745.
Same; planning commission; meetings; officers; powers.
The members of the planning commission shall meet at such time and place as may be fixed in the commission's bylaws. The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected. A secretary also shall be elected who may or may not be a member of the commission. Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The commission shall adopt bylaws for the transaction of business and hearing procedures. The bylaws may provide for and establish conditions and procedures under which subcommittees of the commission which are authorized to approve plats and make recommendations to the governing body on amendments to the zoning regulations affecting specific properties. Unless otherwise provided by this act or by ordinance of the governing body of a city or by a resolution of the governing body of a county, no action by the planning commission shall be taken except by a majority vote of the members present and voting. A record of all proceedings of the planning commission shall be kept. The commission may employ such persons deemed necessary and may contract for such services as the commission requires. The commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission.
History:
L. 1991, ch. 56, § 5; L. 1997, ch. 147, § 3; May 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-746 Same; planning commission budget.

12-746.
Same; planning commission budget.
(a) The governing body shall approve a planning commission budget and make such allowances to the planning commission as it deems proper, including funds for the employment of such employees or consultants as the governing body may authorize and provide and shall add the same to the general budget. Prior to the time that moneys are available under the budget, the governing body may appropriate moneys for such purposes from the general fund. The governing body may enter into such contracts as it deems necessary for the purposes of this act and may receive and expend funds and moneys from the state or federal government or from any other source for such purposes.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-748 Same; construction of public facility or utility in conformance with comprehensive plan.

12-748.
Same; construction of public facility or utility in conformance with comprehensive plan.
(a) Except as provided in subsection (b), whenever the planning commission has adopted and certified the comprehensive plan for one or more major sections or functional subdivisions thereof, no public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof shall be constructed without first being submitted to and being approved by the planning commission as being in conformity with the plan. If the planning commission does not make a report within 60 days, the project shall be deemed to have been approved by the planning commission. If the planning commission finds that any such proposed public improvement, facility or utility does not conform to the plan, the commission shall submit, in writing to the governing body, the manner in which such proposed improvement, facility or utility does not conform. The governing body may override the plan and the report of the planning commission, and the plan for the area concerned shall be deemed to have been amended.
(b) Whenever the planning commission has reviewed a capital improvement program and found that a specific public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof is in conformity with such plan, no further approval by the planning commission is necessary under this section.
(c) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-750 Same; subdivision regulations affecting property outside the city; joint committee; membership; authority.

12-750.
Same; subdivision regulations affecting property outside the city; joint committee; membership; authority.
(a) If the governing body of a city proposes to adopt subdivision regulations affecting property lying outside of the city and governed by subdivision regulations of the county, a copy of the city's proposal shall be certified to the board of county commissioners or if at any time subsequent to the adoption of regulations governing the subdivision of land by the city planning commission, the board of county commissioners shall designate an area for such purposes which shall include lands lying within the area governed by subdivision regulations of the city, the board of county commissioners shall certify a copy of such resolution to the governing body of the city and regulations governing the subdivision of land within the area designated by the city shall be adopted and administered in the manner hereinafter provided. Within 60 days after the date of the certification of the resolution by the board of county commissioners or the governing body of the city, there shall be established by joint resolution of the board of commissioners and governing body, a joint committee for subdivision regulation which shall be composed of three members of the county planning commission to be appointed by the chairperson of the county planning commission and three members of the city planning commission to be appointed by the chairperson of the city planning commission and one member to be selected by the other six members. Such joint committee shall have such authority as provided by law for county planning and city planning commissions relating to the adoption and administration of regulations governing the subdivision of land within the area of joint regulation. Regulations adopted by the county or city and in effect at the time of the certification of such resolution by the board of county commissioners or the governing body of the city shall remain in effect until new regulations shall have been adopted by the joint committee or for a period not exceeding six months from and after the date of the certification of such resolution. The provisions of this section shall not apply to any city and county jointly cooperating in the exercise of planning and zoning under the provisions of this act.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-751 Same; building or zoning permits; building codes outside the city.

12-751.
Same; building or zoning permits; building codes outside the city.
(a) Compliance with subdivision regulations may be required as the condition of an issuance of a building or zoning permit when so specified in the subdivision regulations.
(b) In conjunction with subdivision or zoning regulations, the governing body of any city may adopt and enforce building codes outside the city limits.
(c) The provisions of this section shall become effective on and after January 1, 1992.
History: L. 1991, ch. 56, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-751a Same; election, when.

12-751a.
Same; election, when.
(a) When used in this section:
(1) "City" means any city which has adopted an ordinance which provides for the enforcement of a building code outside the corporate limits of such city as authorized by K.S.A. 12-751, and amendments thereto.
(2) "Ordinance" means an ordinance adopted by a city which provides for the enforcement of a building code outside the corporate limits of a city as authorized by K.S.A. 12-751, and amendments thereto.
(3) "Qualified elector" means any registered voter required to comply with an ordinance, who resides within the unincorporated area lying within three miles of the corporate limits of a city.
(b) Within 30 days of the adoption of an ordinance, the city clerk shall certify to the county election officer a legal description and a map of the area outside the corporate limits of the city governed by the provisions of such ordinance and the street addresses of all real estate located therein.
(c) Within 90 days after the effective date of this act or within 90 days after a city has adopted an ordinance, a petition signed by at least 20% of the qualified electors protesting the enforcement of such ordinance outside the corporate limits of the city may be submitted to the county election officer. If a sufficient petition is filed, the county election officer shall notify the board of county commissioners of the county in which such city is located. Unless the governing body of the city modifies the ordinance to remove the provision from the ordinance relating to the enforcement of such building code outside the corporate limits of the city, the board of county commissioners shall submit the proposition of modifying the ordinance to remove the provisions from the ordinance relating to enforcement of such building code outside the corporate limits of the city. Such resolution shall be submitted to the qualified electors at the next regular primary or general county election. Such election shall be called and held in the manner provided by the general bond law. The county election officer shall certify the results of such election to the governing body of the city. If a majority of the qualified electors voting on the question vote in favor thereof, the governing body of the city shall modify such ordinance to remove the provisions from the ordinance relating to the enforcement of such building code outside the corporate limits of the city. Such ordinance shall be adopted within 30 days following the canvass of such election. Such ordinance shall be adopted in the manner provided by K.S.A. 12-3001, and amendments thereto.
(d) If an election is held pursuant to subsection (c) and a majority of the qualified electors vote in favor of removing the building code, the governing body of the city shall not adopt any such ordinance for at least four years following the date of the election held pursuant to subsection (c).
History: L. 1998, ch. 128, § 1; April 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-753 Same; zoning regulations; districts; restrictions.

12-753.
Same; zoning regulations; districts; restrictions.
(a) The governing body of any city, by adoption of an ordinance, and the board of county commissioners of any county, by adoption of a resolution, may provide for the adoption or amendment of zoning regulations in the manner provided by this act. The governing body may divide the territory subject to its jurisdiction into districts of such number, shape, area and of such different classes, according to the use of land and buildings and the intensity of such use, as may be deemed suited to carry out the purposes of this act. Such regulations may include, but not be limited to, provisions restricting and regulating the height, number of stories and size of buildings; the percentage of each lot that may be occupied; the size of yards, courts and other open spaces; the density of population; the location, use and appearance of buildings, structures and land for residential, commercial, industrial and other purposes; the conservation of natural resources, including agricultural land; and the use of land located in areas designated as flood plains and other areas, including the distance of any buildings and structures from a street or highway. Such regulations shall define the boundaries of zoning districts by description contained therein or by setting out such boundaries upon a map or maps incorporated and published as part of such regulations or by providing for the incorporation by reference in such regulations of an official map or maps upon which such boundaries shall be fixed. For a county, such map or maps shall be marked "official copy of zoning district map incorporated into zoning regulations by adoption of a resolution of the board of county commissioners on the _____ day of _____________, 19___" and filed in the office of the county clerk or such other public office as may be designated by the board of county commissioners. For a city, such map or maps shall be marked "official copy of zoning district map incorporated into zoning regulations by adoption of an ordinance by the governing body of the city on the _____ day of _____________, 19___" and filed in the office of the city clerk or such other public office as may be designated by the governing body. Such regulations and accompanying map or maps shall be public records.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 13; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-754 Same; zoning jurisdictions; inclusion of land in flood plain zone.

12-754.
Same; zoning jurisdictions; inclusion of land in flood plain zone.
(a) The zoning regulations for a county shall define the area of zoning jurisdiction as all or any portion of the unincorporated area. The zoning regulations for a city shall define the zoning jurisdiction as including the area within the city limits and may also include land located outside the city which is not currently subject to county zoning regulations and is within three miles of the city limits, but in no case shall it include land which is located more than 1/2 the distance to another city. The governing body of the city shall notify the board of county commissioners in writing of the city's intention at least 60 days before adopting zoning regulations affecting such an area outside the city limits.
Any flood plain zone or district shall include the flood plain area within the incorporated area of the city and may include any extraterritorial jurisdiction lying outside, but within three miles, of the nearest point on the contiguous city limits when such jurisdiction has not otherwise been designated a flood plain zone or district by any other governmental unit or subdivision.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 14; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-755 Same; zoning regulations; authority.

12-755.
Same; zoning regulations; authority.
(a) The governing body may adopt zoning regulations which may include, but not be limited to, provisions which:
(1) Provide for planned unit developments;
(2) permit the transfer of development rights;
(3) preserve structures and districts listed on the local, state or national historic register;
(4) control the aesthetics of redevelopment or new development;
(5) provide for the issuance of special use or conditional use permits; and
(6) establish overlay zones.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 15; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-757a Adoption of special use or conditional use permits for mining operations; procedural limitations.

12-757a.
Adoption of special use or conditional use permits for mining operations; procedural limitations.
No city or county may establish procedures regarding the adoption of special use or conditional use permits for mining operations subject to K.S.A. 49-601 et seq., and amendments thereto, which require the approval of more than a majority of all members of the governing body.
History:
L. 2009, ch. 79, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-758 Same; existing uses; alterations; agricultural land exempted, exception.

12-758.
Same; existing uses; alterations; agricultural land exempted, exception.
(a) Except as otherwise provided by this section and K.S.A. 12-770 and 12-771, and amendments thereto, regulations adopted under authority of this act shall not apply to the existing use of any building or land, but shall apply to any alteration of a building to provide for a change in use or a change in the use of any building or land after the effective date of any regulations adopted under this act. If a building is damaged by more than 50% of its fair market value such building shall not be restored if the use of such building is not in conformance with the regulations adopted under this act.
(b) Except for flood plain regulations in areas designated as a flood plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant to this act shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such purposes so long as such land and buildings are used for agricultural purposes and not otherwise.
History:
L. 1991, ch. 56, § 18; L. 1997, ch. 147, § 9; May 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-760 Same; appeals to district court.

12-760.
Same; appeals to district court.
(a) Within 30 days of the final decision of the city or county, any person aggrieved thereby may maintain an action in the district court of the county to determine the reasonableness of such final decision.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 23; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-761 Same; violations; penalties; actions.

12-761.
Same; violations; penalties; actions.
(a) Any violation of any regulation adopted under the authority of this act shall be a misdemeanor and shall be punishable by a fine of not to exceed $500 or by imprisonment for not more than six months for each offense or by both such fine and imprisonment. Each day's violation shall constitute a separate offense.
(b) Any city or county, and any person the value or use of whose property is or may be affected by such violation, shall have the authority to maintain suits or actions in any court of competent jurisdiction to enforce the adopted zoning regulations and to abate nuisances maintained in violation thereof.
(c) Whenever any building or structure is or is proposed to be erected, constructed, altered, converted or maintained or any building, structure or land is or is proposed to be, used in violation of any zoning regulations, the city or county, or in the event the violation relates to a provision concerning flood plain zoning, the attorney general and the chief engineer of the division of water resources of the Kansas department of agriculture, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of such building, structure or land.
(d) Any person, company, corporation, institution, municipality or agency of the state who violates any provision of any regulation relating to flood plain zoning shall be subject to the penalties and remedies provided for herein.
(e) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 24; L. 2004, ch. 101, § 62; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-762 Same; existing plans effective until changed pursuant to this act.

12-762.
Same; existing plans effective until changed pursuant to this act.
(a) Any comprehensive plan or part thereof, subdivision regulations, zoning regulations or building or setback lines adopted by the governing body or planning commission of any city or county adopted prior to January 1, 1992, and which are consistent with the provisions of this act shall continue in force and effect the same as though adopted under the provisions of this act, until the same is modified or a new comprehensive plan or part thereof, subdivision or zoning regulations or building or setback lines are adopted as provided in this act.
(b) Any comprehensive plan or part thereof, subdivision regulations, zoning regulations or building or setback lines adopted by a township zoning board prior to January 1, 1992, shall continue in force and effect until the county in which the township is located, or the city if land in such township is annexed, adopts and places in effect a plan or part thereof, subdivision or zoning regulations or building or setback lines affecting land and buildings located within such township. Such regulations or building or setback lines shall be enforced by the board of county commissioners.
History:
L. 1991, ch. 56, § 25; L. 1993, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-763 Same; exclusion of manufactured homes prohibited, when.

12-763.
Same; exclusion of manufactured homes prohibited, when.
(a) The governing body shall not adopt or enforce zoning regulations which have the effect of excluding manufactured homes from the entire zoning jurisdiction of the governing body. In addition, the governing body shall not adopt or enforce zoning regulations which have the effect of excluding residential-design manufactured homes from single-family residential districts solely because they are manufactured homes.
(b) Nothing in this section shall be construed as precluding the establishment of architectural or aesthetic standards applicable to manufactured homes so as to ensure its compatibility with site-built housing in the same zoning district.
(c) Nothing in this section shall be construed to preempt or supersede valid restrictive covenants running with the land.
(d) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 19; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-764 Same; development rights, vesting of.

12-764.
Same; development rights, vesting of.
(a) For development rights vested prior to July 1, 2009:
(1) For the purpose of single-family residential developments, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within five years of recording a plat, the development rights in such shall expire.
(2) For all purposes other than single-family developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by a city or county and construction has begun and substantial amounts of work have been completed under a validly issued permit.
(3) The governing body may provide in zoning regulations for earlier vesting of development rights, however, vesting shall occur in the same manner for all uses of land within a land-use classification under the adopted zoning regulations.
(b) For development rights vested on and after July 1, 2009:
(1) For the purpose of residential developments, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within 10 years of recording a plat, the development rights in such shall expire. For purposes of this section, residential developments may include single family housing; multiple family housing such as apartments, duplexes, townhomes and similar configurations; condominiums; and manufactured and modular homes.
(2) For all purposes other than residential developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by a city or county and construction has begun and substantial amounts of work have been completed. If substantial amounts of the work have not been completed within 10 years of the issuance of such permits, the development rights shall expire.
(3) The governing body may provide in zoning regulations for earlier vesting of development rights, however, vesting shall occur in the same manner for all uses of land within a land-use classification under the adopted zoning regulations.
History:
L. 1991, ch. 56, § 21; L. 2009, ch. 84, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-765 Same; setback lines on streets and highways; modifications or variances, when; notice and hearing.

12-765.
Same; setback lines on streets and highways; modifications or variances, when; notice and hearing.
(a) Whenever any city or county has as a part of a comprehensive plan adopted a plan for its major street or highway system, after consultation with the secretary of transportation and the county engineer and any planning commission of the county or counties within which such system lies, the governing body is hereby authorized and empowered, to establish by the appropriate ordinance or resolution building or setback lines on such existing and proposed major streets or highways and to prohibit any new building being located within such building or setback lines on property within the plat approval jurisdiction of the city. Such ordinance or resolution may incorporate by reference an official map, which may include supplementary documents, setting forth such plan which shall show with reasonable survey accuracy the location and width of existing or proposed major streets or highways and any building or setback lines. The governing body shall provide for the method by which this section shall be enforced. Such official map shall not be enforced until after a certified copy of such map and adopting ordinance or resolution has been filed with the register of deeds of the county or counties in which such system lies. The board of zoning appeals shall have the power to modify or vary the building restrictions herein authorized in specific cases, in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided, yet the intended purpose of the regulations shall be strictly observed and the public welfare and public safety protected. The setback ordinance, resolution or official map shall not be adopted, changed or amended by the governing body until a public hearing has been held thereon by the governing body. A notice of the time and place of such hearing shall be published in the official city newspaper in the case of a city or the official county newspaper in the case of a county. Such notice shall be published at least 20 days prior to the date of the hearing. The powers of this section shall not be exercised so as to deprive the owner of any existing property or of its use or maintenance for the purpose to which such property is then lawfully devoted.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 22; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-766 Same; flood plain zones; requirements; approval by chief engineer.

12-766.
Same; flood plain zones; requirements; approval by chief engineer.
(a) The governing body may establish flood plain zones and districts and restrict the use of land therein and may restrict the application thereof to lands, adjacent to watercourses, subject to floods of a lesser magnitude than that having a chance occurrence in any one year of 1%. Any flood plain regulations shall comply with the minimum requirements of the national flood insurance act of 1968, as amended (42 U.S.C. § 4001 et seq.) or any rules and regulations adopted pursuant thereto.
(b) Prior to the adoption thereof, the governing body shall submit to the chief engineer of the division of water resources of the Kansas department of agriculture any ordinance, resolution, regulation or plan that proposes to create or to effect any change in a flood plain zone or district, or that proposes to regulate or restrict the location and use of structures, encroachments, and uses of land within such an area. The chief engineer may require, pursuant to rules and regulations, each submission hereunder to be accompanied by complete maps, plans, profiles, specifications and textual matter. The chief engineer shall approve or disapprove any such ordinance, resolution, regulation or plan or changes thereof within 90 days of the date of receipt of all such data required by the chief engineer as specified in rules and regulations adopted thereby. If the chief engineer fails to approve or disapprove within the 90 day period required by this section, such ordinance, resolution, regulation or plan or change thereof shall be deemed approved. The chief engineer shall provide, in writing, specific reasons for any disapproval.
(c) The chief engineer shall adopt such rules and regulations deemed necessary to administer and enforce the provisions of this section.
History:
L. 1991, ch. 56, § 26; L. 2004, ch. 101, § 63; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-767 Same; flood plain requirements; city building codes.

12-767.
Same; flood plain requirements; city building codes.
The governing body of any city located in an area designated as a flood plain shall not authorize, pursuant to its building codes, the construction, reconstruction or renovation of any building, facility or structure which does not comply with the minimum requirements of the national flood insurance act of 1968, as amended, (42 U.S.C. §§ 4001 et seq.) or any rules and regulations adopted pursuant thereto.
History:
L. 1991, ch. 63, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-768 Same; flood plain requirements; county building codes.

12-768.
Same; flood plain requirements; county building codes.
The board of county commissioners of any county located in an area designated as a flood plain shall not authorize, pursuant to its building codes, the construction, reconstruction or renovation of any building, facility or structure which does not comply with the minimum requirements of the national flood insurance act of 1968, as amended, (42 U.S.C. §§ 4001 et seq.) or any rules and regulations adopted pursuant thereto.
History:
L. 1991, ch. 63, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-769 Same; transfer of certain moneys to county.

12-769.
Same; transfer of certain moneys to county.
Any unexpended moneys from a levy made pursuant to K.S.A. 19-2911, and amendments thereto, prior to January 1, 1992, shall be transferred by the township board to the county in which such township is located. Such money shall be deposited in the county general fund or other appropriate fund and shall be used for planning and zoning purposes in the county.
History:
L. 1993, ch. 86, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-771 Same; nonconforming uses; elimination of.

12-771.
Same; nonconforming uses; elimination of.
Nothing in this act is intended to prevent cities or counties from enforcing local laws, enacted under other legal authority, for the gradual elimination of nonconforming uses.
History:
L. 1997, ch. 147, § 11; May 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-772 Military installations; state area of interest.

12-772.
Military installations; state area of interest.
Areas of this state that are wholly or in part within jointly developed community — military air installation compatible use zone (AICUZ) study area, joint land use study (JLUS) area, army compatible use buffer (ACUB), or an environmental noise management plan (ENMP) of an active duty, national guard or reserve military installation shall constitute a state area of interest vital to national security and the economic well being of the state.
History:
L. 2010, ch. 21, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-774 Same; definitions.

12-774.
Same; definitions.
As used in K.S.A. 12-772 through 12-775, and amendments thereto:
(a) "AICUZ" means a jointly developed community — military air installation compatible use zone.
(b) "ACUB" means an army compatible use buffer.
(c) "Development proposal" means any development requiring a review process prior to approval including, but not limited to, platting, rezoning, conditional use, special use, variance or any other similar action.
(d) "DNL" means a day — night noise level.
(e) "ENMP" means an environmental noise management plan of an active duty, national guard or reserve military installation.
(f) "JLUS" means a joint land use study.
(g) "Military training buffer contract" means land in which the private owner voluntarily provides, sells or leases the development rights for the land or provides, sells or leases the right of the military to reject proposed development that will be incompatible with the training mission and operations of a federal or state military facility of more than 100 acres. Nothing in the state area of interest, military training buffer area or military training buffer area contract shall provide authority for the use of eminent domain.
(h) "Municipality" shall mean a city or county.
(i) "State area of interest military training buffer area" means land that is contiguous to a federal or state military facility of more than 100 acres as specified in the applicable AICUZ, JLUS, ACUB, or ENMP or is located adjacent to lands already in the program or is under a military flight path.
History:
L. 2010, ch. 21, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 7 - Planning And Zoning › 12-775 Same; zoning and land use municipalities have final decision.

12-775.
Same; zoning and land use municipalities have final decision.
Notwithstanding any other provision of this act, the final decision on all planning, development, zoning and land use issues shall be made by each municipality adjacent to or surrounding a military installation.
History:
L. 2010, ch. 21, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-801 Gas, water, lights, heat, street-railway, bus or telephone service; election; bonds.

12-801.
Gas, water, lights, heat, street-railway, bus or telephone service; election; bonds.
Whenever and as often as a majority of the electors voting at an election heretofore held, or hereafter called and held, in any city shall vote in favor of the issuance of bonds of such city for the purpose of purchasing, constructing or extending works for the purpose of supplying such city and its inhabitants with natural or artificial gas, water, electric light, heating, street-railway, bus or telephone service, it shall be lawful for the governing body of such city, by ordinance duly passed, to direct the issuance of the bonds so voted as provided by law: Provided, That whenever it may be deemed necessary or advisable for such city to combine a water and electric-light plant, the same may be done, and a separate vote on each proposition shall not be required.
History:
R.S. 1923, § 12-801; L. 1953, ch. 62, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-802 Same; bond election.

12-802.
Same; bond election.
Whenever the governing body of any such city shall desire to procure authority for the issuance of bonds under the terms of this act, they shall pass an ordinance directing the calling of an election for the submission of the question to the electors thereof, which election shall be held according to law.
History: R.S. 1923, § 12-802; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-803 Same; bond limitation.

12-803.
Same; bond limitation.
No bonds in excess of fifteen percentum of the assessed valuation of tangible property in such city shall be issued under the authority of K.S.A. 12-801 and 12-802, and such bonds may be issued by any city without regard to the statutory limitations of bonded indebtedness of such city and shall not be included in computing the total bonded indebtedness of such city within the meaning of other statutes limiting such bonded indebtedness.
History: L. 1905, ch. 101, § 4; R.S. 1923, § 12-803; L. 1951, ch. 133, § 1; March 26.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-803a Street-railway or bus department, when; use of revenues.

12-803a.
Street-railway or bus department, when; use of revenues.
In any city which has acquired prior to the effective date of this act or thereafter acquires, as provided by law, any street-railway system or bus system, the governing body shall by ordinance create a street-railway or bus department, provide for the superintendent and such other officers and employees as may be necessary for the proper management and operation thereof, and provide for their compensation.
All revenues of said department and all revenues of said street-railway or bus system shall be used to pay the costs and expenses of operating said system, for the purchase of necessary equipment, and for providing improvements to such system, and any of such revenues not needed for such purposes, as determined by the governing body of the city, shall be used to help retire and pay interest on any bonds issued under K.S.A. 12-803c and on any bonds issued to acquire such system.
Whenever any part of such revenues for any year is not needed for any of the above-stated purposes, as determined by the governing body of the city, such surplus revenue may be transferred by said governing body and merged into the city's general operating fund or the city's general revenue fund.
History:
L. 1953, ch. 73, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-803b Street-railway or bus system; tax levy, use of proceeds.

12-803b.
Street-railway or bus system; tax levy, use of proceeds.
The governing body in any city operating a street-railway system or bus system shall levy annually at the time when other taxes are levied a sufficient tax to pay for the necessary costs and expenses of operating said system and for the purchasing of necessary equipment and improvements therefor only in the event the revenue and income derived from such system are insufficient for such purposes and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto. Such levies as are authorized herein shall be in addition to all other levies authorized or limited by law.
History:
L. 1953, ch. 73, § 2; L. 1979, ch. 52, § 35; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-803c Same; bonds for extension of street-railway or bus system; election.

12-803c.
Same; bonds for extension of street-railway or bus system; election.
If the governing body of any such city deems it necessary to acquire, enlarge, improve or extend any street-railway system or bus system, said governing body is hereby empowered to issue for said purpose bonds in such an amount as may be fixed by ordinance and authorized by a majority of the duly qualified electors voting in favor thereof at an election or elections hereafter called therefor, and said bonds shall be issued, sold, delivered and retired in conformance with the provisions of the general bond law.
History:
L. 1953, ch. 73, § 3; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-803d Same; ordinances as to operation and charges.

12-803d.
Same; ordinances as to operation and charges.
The governing body of any city operating a street-railway system or a bus system shall enact such ordinances as are necessary for the control, operation and maintenance of said street-railway system or of said bus system, including an ordinance fixing reasonable rates and charges for the use of such system.
History:
L. 1953, ch. 73, § 4; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-803e Same; bond limitations inapplicable.

12-803e.
Same; bond limitations inapplicable.
None of the restrictions and limitations respecting the amount of city indebtedness contained in any of the statutes of the state of Kansas shall apply to or in any way affect the issuance of the bonds authorized by this act.
History:
L. 1953, ch. 73, § 5; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-806 Sale of light, heat and power to outlying districts.

12-806.
Sale of light, heat and power to outlying districts.
Subject to the provisions of K.S.A. 66-104 and 66-131, and amendments thereto, all cities of the state owning their own electric-light, heat or power plant are hereby authorized and empowered to furnish electric light, heat or power to districts lying outside of the limits of such cities, and charge for such service such rates as may be provided by ordinance.
History:
L. 1911, ch. 73, § 1; R.S. 1923, § 12-806; L. 1968, ch. 333, § 1; March 30.