Chapter 12 — CITIES AND MUNICIPALITIES

12-705c. History: L. 1965, ch. 131, § 7; L. 1975, ch. 427, § 61; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Reasonableness of annexation hereunder not reviewable under K.S.A. 12-712. Sabatini v. Jayhawk Construction Co., 214 Kan. 408, 413, 520 P.2d 1230…

12-706. History: L. 1923, ch. 92, § 6; R.S. 1923, § 12-706; L. 1965, ch. 131, § 8; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Source or prior law: L. 1921, ch. 99, § 6. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived L…

12-706a. History: L. 1965, ch. 131, § 9; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Do…

12-707. History: L. 1921, ch. 100, § 1; R.S. 1923, § 13-1101; L. 1925, ch. 100, § 1; L. 1927, ch. 110, § 1; L. 1965, ch. 97, § 1; L. 1970, ch. 71, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Statute held constitutional and valid. Ware v. City of Wic…

12-708. History: L. 1921, ch. 100, § 3; R.S. 1923, § 13-1102; L. 1961, ch. 67, § 1; L. 1963, ch. 76, § 1; L. 1965, ch. 97, § 2; L. 1967, ch. 88, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Change in zoning classification must be submitted to commiss…

12-709. History: L. 1921, ch. 100, § 4; R.S. 1923, § 13-1103; L. 1961, ch. 68, § 1; L. 1965, ch. 97, § 3; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Authority of city in enactment of ordinances hereunder considered. Ware v. City of Wichita, 113 Kan. 153…

12-710. History: L. 1921, ch. 100, § 5; R.S. 1923, § 13-1104; L. 1939, ch. 94, § 3; L. 1970, ch. 71, § 3; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Authority of city where permit previously issued for building considered. Ware v. City of Wichita, 113 K…

12-711. History: L. 1921, ch. 100, § 6; R.S. 1923, § 13-1105; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

12-712. History: L. 1921, ch. 100, § 7; R.S. 1923, § 13-1106; L. 1980, ch. 63, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Taxpayer has burden of establishing unreasonableness of regulation. West v. City of Wichita, 118 Kan. 265, 268, 234 P. 978. 2.…

12-713. History: L. 1921, ch. 100, § 8; R.S. 1923, § 13-1107; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

12-714. History: L. 1939, ch. 94, § 1; L. 1965, ch. 97, § 4; L. 1974 ch. 58, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Cited; nature of variance permitted in K.S.A. 12-715 and city ordinance, nature of height variance examined. City of Merriam v. …

12-715. History: L. 1939, ch. 94, § 2; L. 1965, ch. 97, § 5; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Applied in upholding trial court's judgment that denial of rezoning was unreasonable. Golden v. City of Overland Park, 224 Kan. 591, 598, 584 P.2d 13…

12-715a. History: L. 1965, ch. 97, § 6; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Doc…

12-715b. Zoning of land outside city limits; conditions and limitations; notice to county commissioners. Cities are hereby authorized to adopt zoning regulations affecting all or any designated portion of the land located outside the city but within three miles thereof under the …

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, ad…

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 …

12-716. History: L. 1957, ch. 101, § 1; L. 1965, ch. 99, § 1; L. 1984, ch. 68, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. CASE ANNOTATIONS 1. Mentioned; requiring platting and dedication of small tract for uniformity as prerequisite to rezoning upheld. Hudson Oil Co. …

12-717. History: L. 1957, ch. 101, § 2; L. 1977, ch. 57, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

12-718. History: L. 1957, ch. 101, § 3; L. 1965, ch. 99, § 2; L. 1967, ch. 89, § 1; L. 1971, ch. 46, § 1; L. 1982, ch. 68, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived…

12-719. History: L. 1957, ch. 101, § 4; L. 1977, ch. 57, § 2; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

12-720. History: L. 1957, ch. 101, § 5; L. 1969, ch. 76, § 4; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

12-721. History: L. 1957, ch. 101, § 6; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Doc…

12-732. History: L. 1969, ch. 75, § 8; L. 1976, ch. 74, § 1; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archiv…

12-733. History: L. 1969, ch. 75, § 9; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docu…

12-734. History: L. 1970, ch. 71, § 2; L. 1991, ch. 63, § 3; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archiv…

12-735. History: L. 1970, ch. 71, § 4; Repealed, L. 1991, ch. 56, § 28; January 1, 1992. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docu…

12-736. Group homes, exclusion of, prohibited; conditions; definitions. (a) It is hereby declared to be the policy of the state of Kansas that persons with a disability shall not be excluded from the benefits of single family residential surroundings by any municipal zoning ordin…

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…

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 r…

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 suc…

12-744. Same; planning commission; creation; membership; vacancies; interlocal agreements; metropolitan or regional planning. (a) The governing body of any city, by adoption of an ordinance, may create a planning commission for such city and the board of county commissioners of a…

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 se…

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 author…

12-747. Same; comprehensive plan; contents; procedure for adoption; annual review of plan. (a) A city planning commission is hereby authorized to make or cause to be made a comprehensive plan for the development of such city and any unincorporated territory lying outside of the c…

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 t…

12-749. Same; subdivision regulations; adoption and amendment; notice and hearing. (a) Following adoption of a comprehensive plan, a city planning commission may adopt and amend regulations governing the subdivision of land. A city planning commission shall apply subdivision regu…

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…

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 subdivis…

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) "Ordi…

12-752. Same; plats; approval procedure; fees; dedication of land for public purposes; filing of plat; replatting required, when; issuance of building and zoning permits; filing of plats. (a) The owner or owners of any land located within an area governed by regulations subdividi…

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 man…

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…

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 distr…

12-756. Same; zoning; zones or districts; procedure to establish; notice and hearing. (a) Before any city or county establishes any zone or district or regulates or restricts the use of buildings or land therein, the governing body shall require the planning commission to recomme…

12-757. Same; zoning; downzoning or rezoning, amendments and revisions; procedure; notice and hearing; protest petition; signs to notify of proposed rezoning. (a) The governing body, from time to time, may supplement, change or generally revise the boundaries or regulations conta…

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 amend…

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 build…

12-759. Same; board of zoning appeals; membership; vacancies; powers; fees; variances; exceptions. (a) Any governing body which has enacted a zoning ordinance or resolution shall create a board of zoning appeals by adoption of the appropriate ordinance or resolution. Such board s…

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 sect…

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 suc…