19-2960. Same; zoning regulations; zoning districts or classifications; notice; hearing; fees; amendments to regulations, rezoning or conditional uses, procedure; protest of rezoning or conditional us
19-2960
19-2960. Same; zoning regulations; zoning districts
or classifications;
notice; hearing; fees; amendments to regulations, rezoning or conditional
uses, procedure; protest of rezoning or conditional use; existing uses;
agricultural exemption; plans for streets and highways.
(a) The board of county commissioners, by resolution, may
provide for the adoption or amendment of zoning regulations for the
unincorporated portion of the county in the manner, and for the purposes,
provided by this act. Such regulations may (1) restrict and regulate the
height, number of stories and size of buildings; (2) the percentage of lots
that may be occupied; (3) the size of yards, courts and other open spaces;
(4) the density of population, including minimum width, depth and area of
lots; (5) the location and use of buildings, structures and land for
industry, business, trade or residence; and (6) the use of land located in
areas designated as floodplains. Such resolution shall define the
boundaries of zoning classifications by description contained therein or by
setting out such boundaries upon a map incorporated and published as a part
of such resolution, or by providing for the incorporation by reference in
such resolution of an official map upon which such boundaries shall be
fixed. Such map shall be marked "official copy incorporated by resolution
of the board of county commissioners the _______ day of _____________,
19__," and filed in a public office designated by the board of county
commissioners and shall be a public record.
(b) Except as provided in subsection (c), before the board of county
commissioners creates any zone, district
or zoning classification or regulates or restricts the use of buildings or
land in the unincorporated portion of the county, the board shall require
the planning commission to recommend to the board of county commissioners
the nature and number of zoning classifications which the planning
commission deems necessary, the boundaries of the same and appropriate
regulations or restrictions to be enforced therein. All such regulations
shall be uniform for each class or kind of buildings or land uses
throughout each zoning classification, but the regulations in one zoning
classification may differ from those in other zoning classifications, and
the regulations may prescribe conditions under which conditional use
permits may be issued providing exceptions to such uniform regulations. The
issuance of any conditional use permit shall be considered a change or
revision to the zoning map and shall be subject to the same notice, hearing
and voting requirements prescribed herein for rezonings. The regulations
shall be made in accordance with a land use plan and, in addition to the
purposes provided in K.S.A. 19-2956, shall be designed to (1)
lessen congestion in each district; (2) provide adequate light and air; (3)
prevent the overcrowding of land; (4) avoid undue concentrations of
population; and (5) to facilitate the adequate provisions of
transportation, water, sewerage, schools, parks and other public
requirements. Such regulations shall be made with reasonable consideration,
among other things, to existing conditions, to the character of the
district, its peculiar suitability for particular uses and with a view to
conserving the values of buildings and encouraging the most appropriate use
of land within the county.
The notice, hearing and voting procedures for adoption of the zoning
regulations shall be the same as that required for adoption of the
comprehensive plan as provided by K.S.A. 19-2958.
After adoption of the zoning resolution, the zoning regulations, the
zoning classifications or the boundaries contained therein may from time to
time be supplemented, changed or generally revised by amendment. The
boundaries on the zoning map may from time to time be changed or revised by
a rezoning or conditional use permit. A proposal for an amendment, rezoning
or conditional use permit may be initiated by the board of county
commissioners, the planning commission,
any zoning board or upon application of the owner of property affected.
The board of county commissioners may establish reasonable fees to be
paid in advance by the owner of any property at the time of making
application for any amendment, rezoning or conditional use permit.
All such proposed amendments, rezonings or conditional use permits first
shall be submitted to either the planning commission for recommendation
regarding amendments or the appropriate zoning board for recommendation
regarding rezonings or conditional use permits. All notice, hearing and
voting procedures for consideration of proposed amendments, rezonings and
conditional use permits shall be the same as that required for amendments,
extensions or additions to the comprehensive plan as provided by K.S.A.
19-2958. Rezonings and conditional use permits shall be
designated by legal description and general street location and, in
addition to publication notice, written notice of such proposed rezoning or
conditional use permit shall be mailed to all owners of record of lands
located within 1,000 feet
of the property affected by such rezoning or conditional use permit and an
opportunity granted to interested parties to be heard, all as provided in
the zoning regulations. Failure to receive such notice shall not invalidate
any subsequent action taken.
On hearings concerning rezonings and conditional use permits, such notice
is sufficient to permit the zoning board to make a recommendation which
affects only a portion of the land described in the notice or which gives
all or any part of the land described a zoning classification of lesser
change than that set forth in the notice. Recommending a zoning
classification of lesser change than that set forth in the notice shall not
be valid without republication, remailing and a new public hearing unless
the planning commission shall have previously established, with the
approval of the board of county commissioners, a table or publication
available to the public which designates what zoning classifications are
lesser changes authorized within the adopted zoning resolution.
If such amendment, rezoning or conditional use permit affects the
boundaries of any zoning classification, the resolution of the board of
county commissioners shall describe the boundaries, as amended, or if the
county has made provision for the fixing of the same upon an official map
which has been incorporated by reference, the amending resolution shall
define the change or the boundary, as amended, shall order the official map
to be changed to reflect such amendment and shall reincorporate
such map as amended.
Regardless whether a zoning board recommends to approve or disapprove a
proposed rezoning or conditional use permit or "fails to recommend" if a
protest against such rezoning or conditional use permit is filed in the
office of the county clerk within 14 days after the date of the conclusion
of the public hearing held pursuant to such publication notice, duly signed
and acknowledged by the owners of 20% or more of any real property subject
to the rezoning or conditional use permit or by the owners of 20% of the
total area, except public streets and ways, located within 1,000 feet of
the boundaries of the property subject to the rezoning or conditional use
permit, the resolution adopting such rezoning or conditional use permit
shall not be passed except by a favorable vote of at least 4/5 of all of
the members of the board of county commissioners.
(c) A resolution adopting rezoning or a conditional use permit for mining
operations subject to K.S.A. 49-601 et seq., and amendments thereto, regardless
of a protest petition or a failure to recommend by the planning commission,
shall only require approval by a majority of all members of the board of county
commissioners.
(d) Regulations adopted under authority of this act shall not apply to
the
existing use of any buildings or land and shall not prevent the restoration
of a building damaged not more than 50% of its assessed valuation by fire,
explosion, act of God, or the public enemy, or prevent the continuance of
the use of such building or part thereof as such use existed at the time of
such damage, but shall apply to any alteration, expansion or enlargement of
a building or alteration of any land after the effective date of any such
zoning resolution. No determination nor rule nor regulation shall be held
to 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 erected thereon are used for agricultural purposes and not
otherwise.
No zoning regulations shall apply to the use of land for agricultural
purposes nor for the erection or maintenance of agricultural buildings as
long as such agricultural buildings are used for agricultural purposes and
no other. Dwellings, garages and other similar accessory buildings shall
not be considered as agricultural buildings. All buildings, including
agricultural buildings, may be regulated as to setback requirements from
public roads so as to protect the future use and improvement of such roads.
(e) Whenever the board of county commissioners has adopted,
as a part of
the comprehensive plan, a plan for its present or future street or highway
system and such plan outlines the intentions of the county for improvements
to existing streets or highways, for constructing new streets or highways
or for establishing right-of-way needs for streets or highways, the board
of county commissioners is hereby authorized, by resolution, to establish,
further regulate and limit, and to change and amend, additional building or
setback lines on such present or future streets or highways. The board of
county commissioners is also authorized to prohibit any new building being
located within such building or setback line outside the corporate limits
of any city. The resolution may be adopted, and amended or changed, as a
part of the zoning regulations.
History: L. 1984, ch. 96, § 5;
L. 2009, ch. 79, § 3; July 1.