K.S.A. » Chapter 12
Kansas Statutes Annotated

K.S.A. § 12-704 (2026)

✓ current as of May 2026
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12-704.

History: L. 1923, ch. 92, § 4; R.S. 1923, § 12-704; L. 1965, ch. 131, § 2; Repealed, L. 1991, ch. 56, § 28; January 1, 1992.

Notes of Decisions
Cited in 14 cases, 1978–1999 · leading case: Sec. Nat'l Bank v. City of Olathe, 589 P.2d 589 (Kan. 1979).
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Sec. Nat'l Bank v. City of Olathe, 589 P.2d 589 (Kan. 1979). · cites it 14× “He believes plaintiff's plan is reasonable, workable and violates none of the provisions of K.S.A. 12-704 with which he is acquainted.”
Golden v. City of Overland Park, 584 P.2d 130 (Kan. 1978). · cites it 4× “Individual members of the city council, testifying months later, sought to then state the reasons for their individual votes. A city, in enacting a general zoning ordinance, or a planning commission, in exercising its primary and principal function under K.”
Taco Bell v. City of Mission, 678 P.2d 133 (Kan. 1984). · cites it 4× “Taco Bell argues this map does not qualify as a comprehensive plan pursuant to K.S.A. 12-704. This statute authorizes city planning commissions to make comprehensive master plans to help plan for future development in their cities.”
Jacobs, Visconsi & Jacobs, Co. v. City of Lawrence, 927 F.2d 1111 (10th Cir. 1991). · cites it 2× “The downtown plan purportedly amended Plan ’95, the city’s comprehensive development plan enacted pursuant to Kan.Stat.Ann. § 12-704 (1982). The stated policy of the downtown and development plans is to support the central business district of Lawrence as the region’s only…”
Moore v. City of Lawrence, 654 P.2d 445 (Kan. 1982). “For example, the planning commission is authorized to make a comprehensive plan for the development of the city (K.S.A. 12-704), and where a comprehensive plan has been adopted the commission may adopt regulations governing the subdivision of land.”
Cook v. City of Topeka, 654 P.2d 953 (Kan. 1982). “2d 130 (1978), wherein this court said: “A city, in enacting a general zoning ordinance, or a planning commission, in exercising its primary and principal function under K.S.A. 12-704 in adopting and in annually reviewing a comprehensive plan for development of a city, is exer…”
Landau v. City Council of Overland Park, 767 P.2d 1290 (Kan. 1989). “In Golden , we stated: “A city, in enacting a general zoning ordinance, or a planning commission, in exercising its primary and principal function under K.S.A. 12-704 in adopting and in annually reviewing a comprehensive plan for development of a city, is exercising strictly…”
City of Salina v. Jaggers, 612 P.2d 618 (Kan. 1980). “Even if the statutes could be distinguished either as subdivision regulations or zoning regulations, both are controlled by the “comprehensive plan” provided for by K.S.A. 12-704. K.S.A. 12-705 authorizes cities which have adopted a comprehensive plan to adopt regulations…”
Keys Youth Servs., Inc. v. City of Olathe, Kan., 38 F. Supp. 2d 914 (D. Kan. 1999). “In Kansas, A city, in enacting a general zoning ordinance, or a planning commission, in exercising its primary and principal function under K.S.A. 12-704 in adopting and in annually reviewing a comprehensive plan for development of a city, is exercising strictly legislative…”
Johnson Cnty. Mem'l Gardens, Inc. v. City of Overland Park, 718 P.2d 1302 (Kan. 1986). “Pursuant to K.S.A. 12-704 and 12-707, the City has obligated itself to implement planning.”
City of Wichita v. Fitzgerald, 916 P.2d 1301 (Kan. Ct. App. 1996). “2d 130 (1978), the court discussed zoning and distinguished legislative from quasi-judicial functions: “A city, in enacting a general zoning ordinance, or a planning commission, in exercising its primary and principal function under K.S.A. 12-704 in adopting and in annually…”
Bolser v. Zoning Bd. for Aubry Twp., 612 P.2d 563 (Kan. 1980). “When, however, the focus shifts from the entire city to one specific tract of land for which a zoning change is urged, the function becomes more quasi-judicial than legislative.”
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