K.S.A. » Chapter 12

K.S.A. § 12-742

Same; definitions

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12-742. Same; definitions. (a) When used in this act:

(1) "Base flood" means a flood having a 1% chance of being equaled or exceeded in any one year;

(2) "floodway fringe" means those portions of a flood plain outside of the boundaries of a regulatory floodway and within stream reaches where such a floodway has been established;

(3) "flood plain" means land adjacent to a watercourse subject to inundation from a flood having a chance occurrence in any one year of 1%;

(4) "governing body" means the governing body of a city in the case of cities and the board of county commissioners in the case of counties;

(5) "manufactured home" means a structure which is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403;

(6) "planning commission" means a city, county, regional or metropolitan planning commission;

(7) "residential-design manufactured home" means a manufactured home on permanent foundation which has (A) minimum dimensions of 22 body feet in width, (B) a pitched roof and (C) siding and roofing materials which are customarily used on site-built homes;

(8) "subdivision" means the division of a lot, tract or parcel of land into two or more parts for the purpose, whether immediate or future, of sale or building development, including resubdivision;

(9) "subdivision regulations" mean the lawfully adopted subdivision ordinances of a city and the lawfully adopted subdivision resolutions of a county;

(10) "zoning" means the regulation or restriction of the location and uses of buildings and uses of land;

(11) "zoning regulations" mean the lawfully adopted zoning ordinances of a city and the lawfully adopted zoning resolutions of a county.

(b) The provisions of this section shall become effective on and after January 1, 1992.

History: L. 1991, ch. 56, § 2; July 1.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2003–2025 · leading case: Crumbaker v. Hunt Midwest Mining, Inc.
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Crumbaker v. Hunt Midwest Mining, Inc. (2003) kan · cites it 2× “” K.S.A. 12-742(10). Nevertheless, Hunt Midwest contends that the absence of any zoning prohibition in our annexation statutes, K.”
143rd Street Investors, L.L.C. v. Board of County Commissioners (2011) kan “) The term “airport zoning regulations” is not defined in the statutes relating to airport zoning. However, the term “zoning regulations” is defined in the general zoning statutes that apply to cities and counties to “mean the lawfully adopted zoning ordinances of a city and the…”
Austin Properties v. City of Shawnee, Kansas (2024) kanctapp · cites it 2× “" K.S.A. 12-742(a)(10). The plain, unambiguous language of the statutes permits the City to adopt ordinances that "[p]rovide for planned unit developments" and regulate or restrict the location or use of buildings and land within planned unit developments.”
City of Prairie Village v. PV United (2025) kanctapp · cites it 2× “Because the ordinance restricted the City's ability to rezone land, it impedes on the authority given by the Legislature to the City. For example, K.”
— K.S.A. § 12-742(10) — 1 case
Crumbaker v. Hunt Midwest Mining, Inc. (2003) kan “” K.S.A. 12-742(10). Nevertheless, Hunt Midwest contends that the absence of any zoning prohibition in our annexation statutes, K.”
— K.S.A. § 12-742(11) — 1 case
143rd Street Investors, L.L.C. v. Board of County Commissioners (2011) kan “) The term “airport zoning regulations” is not defined in the statutes relating to airport zoning. However, the term “zoning regulations” is defined in the general zoning statutes that apply to cities and counties to “mean the lawfully adopted zoning ordinances of a city and the…”
— K.S.A. § 12-742(a)(10) — 2 cases
Austin Properties v. City of Shawnee, Kansas (2024) kanctapp “" K.S.A. 12-742(a)(10). The plain, unambiguous language of the statutes permits the City to adopt ordinances that "[p]rovide for planned unit developments" and regulate or restrict the location or use of buildings and land within planned unit developments.”
City of Prairie Village v. PV United (2025) kanctapp “Because the ordinance restricted the City's ability to rezone land, it impedes on the authority given by the Legislature to the City. For example, K.”
— K.S.A. § 12-742(a)(11) — 2 cases
Austin Properties v. City of Shawnee, Kansas (2024) kanctapp “" K.S.A. 12-742(a)(10). The plain, unambiguous language of the statutes permits the City to adopt ordinances that "[p]rovide for planned unit developments" and regulate or restrict the location or use of buildings and land within planned unit developments.”
City of Prairie Village v. PV United (2025) kanctapp “Because the ordinance restricted the City's ability to rezone land, it impedes on the authority given by the Legislature to the City. For example, K.”
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