3-706. Airport zoning requirements.
3-706
3-706. Airport zoning requirements.
(1) Reasonableness. All airport zoning regulations adopted under
this act shall be reasonable and none shall impose any requirement or
restriction which is not reasonably necessary to effectuate the purposes of
this act. In determining what regulations it may adopt, each political
subdivision shall consider, among other things, the character of the flying
operations expected to be conducted at the airport, the nature of the
terrain within the airport hazard area, the character of the neighborhood,
and the uses to which the property to be zoned is put and adaptable.
(2) Nonconforming uses. No airport zoning regulations adopted under
this act shall require the removal, lowering, or other change or alteration
of any structure or tree not conforming to the regulations when adopted or
amended, or otherwise interfere with the continuance of any nonconforming
use, except as provided in subsection (3) of K.S.A. 3-707, or any
amendments thereto: Provided, however, That any political subdivision
may require, upon thirty days notice in writing any person, firm,
association, or corporation owning and maintaining any nonconforming pole
or pole line upon the roads and highways immediately adjoining said airport
to remove, lower, change, or alter said nonconforming pole or pole line,
upon prior payment by the owner or owners of said airport, whether
municipal or private, to said person, firm, association, or corporation of
the reasonable and necessary expense of removing, lowering, changing, or
altering said pole or pole lines; or in lieu thereof to execute good and
sufficient bond with corporate surety thereon as security for the payment
of the reasonable and necessary expense of removing, lowering, changing, or
altering such pole or pole lines. Reasonable and necessary expense of
removing, lowering, changing, or altering said pole or pole lines shall
include, among other items of expense, the actual cost of: (1) Constructing
underground conduits and the construction of such wires and equipment in
such conduits, and (2) rerouting wires together with the poles, cross arms
and other equipment connected thereto, together with the cost, if any, of
new right of way made necessary by such rerouting.
History: L. 1947, ch. 13, § 6; L. 1949, ch. 10, § 1; June 30.