3-706.   Airport zoning requirements.(1) Reasonableness. All airport zoning regulations adopted underthis act shall be reasonable and none shall impose any requirement orrestriction which is not reasonably necessary to effectuate the purposes ofthis act. In determining what regulations it may adopt, each politicalsubdivision shall consider, among other things, the character of the flyingoperations expected to be conducted at the airport, the nature of theterrain 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 underthis act shall require the removal, lowering, or other change or alterationof any structure or tree not conforming to the regulations when adopted oramended, or otherwise interfere with the continuance of any nonconforminguse, except as provided in subsection (3) of K.S.A. 3-707, or anyamendments thereto: Provided, however, That any political subdivisionmay require, upon thirty days notice in writing any person, firm,association, or corporation owning and maintaining any nonconforming poleor pole line upon the roads and highways immediately adjoining said airportto remove, lower, change, or alter said nonconforming pole or pole line,upon prior payment by the owner or owners of said airport, whethermunicipal or private, to said person, firm, association, or corporation ofthe reasonable and necessary expense of removing, lowering, changing, oraltering said pole or pole lines; or in lieu thereof to execute good andsufficient bond with corporate surety thereon as security for the paymentof the reasonable and necessary expense of removing, lowering, changing, oraltering such pole or pole lines. Reasonable and necessary expense ofremoving, lowering, changing, or altering said pole or pole lines shallinclude, among other items of expense, the actual cost of: (1) Constructingunderground conduits and the construction of such wires and equipment insuch conduits, and (2) rerouting wires together with the poles, cross armsand other equipment connected thereto, together with the cost, if any, ofnew right of way made necessary by such rerouting.

      History:   L. 1947, ch. 13, § 6; L. 1949, ch. 10, § 1; June 30.