19-2960.   Same; zoning regulations; zoning districtsor classifications;notice; hearing; fees; amendments to regulations, rezoning or conditionaluses, procedure; protest of rezoning or conditional use; existing uses;agricultural exemption; plans for streets and highways.(a) The board of county commissioners, by resolution, mayprovide for the adoption or amendment of zoning regulations for theunincorporated portion of the county in the manner, and for the purposes,provided by this act. Such regulations may (1) restrict and regulate theheight, number of stories and size of buildings; (2) the percentage of lotsthat may be occupied; (3) the size of yards, courts and other open spaces;(4) the density of population, including minimum width, depth and area oflots; (5) the location and use of buildings, structures and land forindustry, business, trade or residence; and (6) the use of land located inareas designated as floodplains. Such resolution shall define theboundaries of zoning classifications by description contained therein or bysetting out such boundaries upon a map incorporated and published as a partof such resolution, or by providing for the incorporation by reference insuch resolution of an official map upon which such boundaries shall befixed. Such map shall be marked "official copy incorporated by resolutionof the board of county commissioners the _______ day of _____________,19__," and filed in a public office designated by the board of countycommissioners and shall be a public record.

      (b)   Except as provided in subsection (c), before the board of countycommissioners creates any zone, districtor zoning classification or regulates or restricts the use of buildings orland in the unincorporated portion of the county, the board shall requirethe planning commission to recommend to the board of county commissionersthe nature and number of zoning classifications which the planningcommission deems necessary, the boundaries of the same and appropriateregulations or restrictions to be enforced therein. All such regulationsshall be uniform for each class or kind of buildings or land usesthroughout each zoning classification, but the regulations in one zoningclassification may differ from those in other zoning classifications, andthe regulations may prescribe conditions under which conditional usepermits may be issued providing exceptions to such uniform regulations. Theissuance of any conditional use permit shall be considered a change orrevision to the zoning map and shall be subject to the same notice, hearingand voting requirements prescribed herein for rezonings. The regulationsshall be made in accordance with a land use plan and, in addition to thepurposes 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 ofpopulation; and (5) to facilitate the adequate provisions oftransportation, water, sewerage, schools, parks and other publicrequirements. Such regulations shall be made with reasonable consideration,among other things, to existing conditions, to the character of thedistrict, its peculiar suitability for particular uses and with a view toconserving the values of buildings and encouraging the most appropriate useof land within the county.

      The notice, hearing and voting procedures for adoption of the zoningregulations shall be the same as that required for adoption of thecomprehensive plan as provided by K.S.A. 19-2958.

      After adoption of the zoning resolution, the zoning regulations, thezoning classifications or the boundaries contained therein may from time totime be supplemented, changed or generally revised by amendment. Theboundaries on the zoning map may from time to time be changed or revised bya rezoning or conditional use permit. A proposal for an amendment, rezoningor conditional use permit may be initiated by the board of countycommissioners, 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 bepaid in advance by the owner of any property at the time of makingapplication for any amendment, rezoning or conditional use permit.

      All such proposed amendments, rezonings or conditional use permits firstshall be submitted to either the planning commission for recommendationregarding amendments or the appropriate zoning board for recommendationregarding rezonings or conditional use permits. All notice, hearing andvoting procedures for consideration of proposed amendments, rezonings andconditional 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 bedesignated by legal description and general street location and, inaddition to publication notice, written notice of such proposed rezoning orconditional use permit shall be mailed to all owners of record of landslocated within 1,000 feetof the property affected by such rezoning or conditional use permit and anopportunity granted to interested parties to be heard, all as provided inthe zoning regulations. Failure to receive such notice shall not invalidateany subsequent action taken.

      On hearings concerning rezonings and conditional use permits, such noticeis sufficient to permit the zoning board to make a recommendation whichaffects only a portion of the land described in the notice or which givesall or any part of the land described a zoning classification of lesserchange than that set forth in the notice. Recommending a zoningclassification of lesser change than that set forth in the notice shall notbe valid without republication, remailing and a new public hearing unlessthe planning commission shall have previously established, with theapproval of the board of county commissioners, a table or publicationavailable to the public which designates what zoning classifications arelesser changes authorized within the adopted zoning resolution.

      If such amendment, rezoning or conditional use permit affects theboundaries of any zoning classification, the resolution of the board ofcounty commissioners shall describe the boundaries, as amended, or if thecounty has made provision for the fixing of the same upon an official mapwhich has been incorporated by reference, the amending resolution shalldefine the change or the boundary, as amended, shall order the official mapto be changed to reflect such amendment and shall reincorporatesuch map as amended.

      Regardless whether a zoning board recommends to approve or disapprove aproposed rezoning or conditional use permit or "fails to recommend" if aprotest against such rezoning or conditional use permit is filed in theoffice of the county clerk within 14 days after the date of the conclusionof the public hearing held pursuant to such publication notice, duly signedand acknowledged by the owners of 20% or more of any real property subjectto the rezoning or conditional use permit or by the owners of 20% of thetotal area, except public streets and ways, located within 1,000 feet ofthe boundaries of the property subject to the rezoning or conditional usepermit, the resolution adopting such rezoning or conditional use permitshall not be passed except by a favorable vote of at least 4/5 of all ofthe members of the board of county commissioners.

      (c)   A resolution adopting rezoning or a conditional use permit for miningoperations subject to K.S.A. 49-601 et seq., and amendments thereto, regardlessof 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 countycommissioners.

      (d)   Regulations adopted under authority of this act shall not apply totheexisting use of any buildings or land and shall not prevent the restorationof 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 ofthe use of such building or part thereof as such use existed at the time ofsuch damage, but shall apply to any alteration, expansion or enlargement ofa building or alteration of any land after the effective date of any suchzoning resolution. No determination nor rule nor regulation shall be heldto apply to the use of land for agricultural purposes, nor for the erectionor maintenance of buildings thereon for such purposes so long as such landand buildings erected thereon are used for agricultural purposes and nototherwise.

      No zoning regulations shall apply to the use of land for agriculturalpurposes nor for the erection or maintenance of agricultural buildings aslong as such agricultural buildings are used for agricultural purposes andno other. Dwellings, garages and other similar accessory buildings shallnot be considered as agricultural buildings. All buildings, includingagricultural buildings, may be regulated as to setback requirements frompublic 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 ofthe comprehensive plan, a plan for its present or future street or highwaysystem and such plan outlines the intentions of the county for improvementsto existing streets or highways, for constructing new streets or highwaysor for establishing right-of-way needs for streets or highways, the boardof county commissioners is hereby authorized, by resolution, to establish,further regulate and limit, and to change and amend, additional building orsetback lines on such present or future streets or highways. The board ofcounty commissioners is also authorized to prohibit any new building beinglocated within such building or setback line outside the corporate limitsof any city. The resolution may be adopted, and amended or changed, as apart of the zoning regulations.

      History:   L. 1984, ch. 96, § 5;L. 2009, ch. 79, § 3; July 1.