12-755.
Same; zoning regulations; authority.
(a) The governing body may adopt zoning regulations which may include, but not be limited to, provisions which:
(1) Provide for planned unit developments;
(2) permit the transfer of development rights;
(3) preserve structures and districts listed on the local, state or national historic register;
(4) control the aesthetics of redevelopment or new development;
(5) provide for the issuance of special use or conditional use permits; and
(6) establish overlay zones.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History:
L. 1991, ch. 56, § 15; July 1.
CASE ANNOTATIONS
1. Trial court denial of petitioner's revised final zoning development plan based on violation of city guidelines upheld. Blockbuster Video, Inc. v. City of Overland Park, 24 Kan. App. 2d 358, 361, 948 P.2d 179 (1997).
2. Conditional use permit forfeited when nonconforming use (landfill) was discontinued and there was no other nonconforming use of property. M.S.W., Inc. v. Marion County Bd. of Zoning Appeals, 29 Kan. App. 2d 139, 24 P.3d 175 (2001).
3. Aesthetics as valid consideration for a governing body's zoning decisions. Zimmerman v. Board of Wabaunsee County Comm'rs, 289 Kan. 926, 218 P.3d 400 (2009).
4. Development, construction or operation of commercial wind farms conditional upon discretionary issuance of conditional use permits by county board of commissioners, and thus interests not vested rights that could be the basis of a takings claim. Zimmerman v. Board of Wabaunsee County Comm'rs, 293 Kan. 332, 264 P.3d 989 (2011).
5. Statute authorizes counties to adopt zoning regulations providing for issuance of conditional use permits. Am. Warrior, Inc. v. Bd. of Cnty. Commissioners of Finney Cnty., Kansas, 319 Kan. 78, 81, 552 P.3d 1219 (2024).
MSW, INC. v. Marion Cnty. Bd. of Zoning Appeals, 24 P.3d 175 (Kan. Ct. App. 2001). · cites it 6ד” In its findings, the Board stated that K.S.A. 12-755 authorizes counties to adopt “ ‘zoning regulations .”
143rd Street Investors, L.L.C. v. Bd. of Cnty. Commissioners, 259 P.3d 644 (Kan. 2011). “See K.S.A. 12-755 (governing body may adopt zoning regulations providing for such things as planned unit developments, transfer of *719 development rights, preservation of structures and districts, and control of aesthetics of redevelopment or new development).”
Zimmerman v. Bd. of Cnty. Commissioners, 264 P.3d 989 (Kan. 2011). “The Board’s authority to issue CUP’s is found at K.S.A. 12-755(a), which states the governing bodies of Kansas cities and counties are authorized to adopt zoning regulations that may include “provisions which .”
Blockbuster Video, Inc. v. City of Overland Park, 948 P.2d 179 (Kan. Ct. App. 1997). “*361 We also note K.S.A. 12-755 specifically provides that a city may adopt regulations which “control the aesthetics of redevelopment or new development.”
Austin Props. v. City of Shawnee, Kansas, 547 P.3d 531 (Kan. Ct. App. 2024). · cites it 3דfor the protection of the public health, safety and welfare" and that it "is not intended to prevent the enactment or enforcement of additional laws and regulations on the same subject which are not in conflict" with the statute.”
Austin Props. v. City of Shawnee, 564 P.3d 1262 (Kan. 2025). · cites it 2ד12-741 and K.S.A. 12-755 clearly delegate authority to regulate the establishment of PUDs to cities and counties.”
Zesiger (D. Kan. 2026). · cites it 4ד49 Defendants contend that because there are no allegations that these Defendants are on the Leavenworth Board of County Commissioners, they did not have the authority to vote on or issue the SUP, or the right to force any decision on the Board.”
Am. Warrior, Inc. v. Bd. of Finney Cnty. Comm'rs (Kan. 2024). · cites it 3דIn keeping with this statutory scheme, K.S.A. 12-755 authorizes counties to adopt zoning regulations providing for issuance of conditional use permits.”
Ohlsen v. City of Seneca (Kan. Ct. App. 2024). · cites it 2ד12-741 or K.S.A. 12-755 of the Planning, Zoning, and Subdivision Regulations in Cities and Counties Act.”
Ternes v. Bd. of Sumner Cnty. Comm'rs (Kan. Ct. App. 2020). “Under K.S.A. 12-755(a)(5), a county's governing body may adopt zoning regulations that provide for issuing conditional use permits.”
Zimmerman v. Bd. of Cnty. Commissioners, 264 P.3d 989 (Kan. 2011). “The Board’s authority to issue CUP’s is found at K.S.A. 12-755(a), which states the governing bodies of Kansas cities and counties are authorized to adopt zoning regulations that may include “provisions which .”
MSW, INC. v. Marion Cnty. Bd. of Zoning Appeals, 24 P.3d 175 (Kan. Ct. App. 2001). “” In its findings, the Board stated that K.S.A. 12-755 authorizes counties to adopt “ ‘zoning regulations .”
Zesiger (D. Kan. 2026). “49 Defendants contend that because there are no allegations that these Defendants are on the Leavenworth Board of County Commissioners, they did not have the authority to vote on or issue the SUP, or the right to force any decision on the Board.”
Austin Props. v. City of Shawnee, Kansas, 547 P.3d 531 (Kan. Ct. App. 2024). “for the protection of the public health, safety and welfare" and that it "is not intended to prevent the enactment or enforcement of additional laws and regulations on the same subject which are not in conflict" with the statute.”
— K.S.A. § 12-755(a)(1) — 1 case
Austin Props. v. City of Shawnee, Kansas, 547 P.3d 531 (Kan. Ct. App. 2024). “for the protection of the public health, safety and welfare" and that it "is not intended to prevent the enactment or enforcement of additional laws and regulations on the same subject which are not in conflict" with the statute.”
— K.S.A. § 12-755(a)(5) — 3 cases
Ternes v. Bd. of Sumner Cnty. Comm'rs (Kan. Ct. App. 2020). “Under K.S.A. 12-755(a)(5), a county's governing body may adopt zoning regulations that provide for issuing conditional use permits.”
Am. Warrior, Inc. v. Bd. of Finney Cnty. Comm'rs (Kan. 2024). “In keeping with this statutory scheme, K.S.A. 12-755 authorizes counties to adopt zoning regulations providing for issuance of conditional use permits.”
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