Printable Format12-741. 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.
Law Review and Bar Journal References:
"Dolan v. City of Tigard: Kansas Local Governments Beware—The Supreme Court Further Restricts the Authority of Municipalities to Condition Development Approval," Stephen P. Chinn, Neil R. Shortlidge & N. Cason Boudreau, 64 J.K.B.A. No. 9, 30, 38 (1995).
"Home Rule, A Primer," Michael R. Heim, 74 J.K.B.A. No. 1, 26 (2005).
"Adult Entertainment and Zoning: A Starting Point for Adopting or Updating Adult Business Ordinances," Teresa L. Watson, 80 J.K.B.A. No. 4, 30 (2011).
Attorney General's Opinions:
County commissioners may exercise home rule powers to abolish county planning commission. 2001-24.
Signatures on protest petition do not need to be verified. 2003-18.
CASE ANNOTATIONS
1. Whether raising and keeping greyhounds for sale or racing is an agricultural use for zoning purposes examined. Weber v. Board of Franklin County Comm'rs, 20 Kan. App. 2d 152, 155, 884 P.2d 1159 (1994).
2. Excise tax on platting of real property not shown to conflict with K.S.A. 12-741 et seq. nor violative of substantive due process. Home Builders Ass'n v. City of Overland Park, 22 Kan. App. 2d 649, 669, 921 P.2d 234 (1996).
3. City may not change land use via an annexation agreement and bypass zoning provisions adopted by city. Crumbaker v. Hunt Midwest Mining, Inc., 275 Kan. 872, 69 P.3d 601 (2003).
4. Once county elects to conduct joint community planning it must follow procedures so mandated. City of Topeka v. Board of Shawnee County Comm'rs, 277 Kan. 874, 89 P.3d 924 (2004).