12-758.
Same; existing uses; alterations; agricultural land exempted, exception.
(a) Except as otherwise provided by this section and K.S.A. 12-770 and 12-771, and amendments thereto, regulations adopted under authority of this act shall not apply to the existing use of any building or land, but shall apply to any alteration of a building to provide for a change in use or a change in the use of any building or land after the effective date of any regulations adopted under this act. If a building is damaged by more than 50% of its fair market value such building shall not be restored if the use of such building is not in conformance with the regulations adopted under this act.
(b) Except for flood plain regulations in areas designated as a flood plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant to this act shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such purposes so long as such land and buildings are used for agricultural purposes and not otherwise.
History:
L. 1991, ch. 56, § 18; L. 1997, ch. 147, § 9; May 1.
Notes of Decisions
MSW, INC. v. Marion County Bd. of Zoning Appeals (2001)
kanctapp · cites it 6×
“The Board stated its conclusion was consistent with the law of existing uses of property under K.S.A. 2000 Supp. 12-758 because the landfill was not nonconforming.”
Crumbaker v. Hunt Midwest Mining, Inc. (2003)
kan
“12-770 and 12-771, and amendments thereto, regulations adopted under authority of this act shall not apply to the existing use of any building or land, but shall apply to any alteration of a building to provide for a change in use or a change in the use of any building or land…”
Zimmerman v. Board of County Commissioners (2011)
kan
“[Regulations adopted under authority of this act [concerning planning and zoning in cities and counties] shall not apply to the existing use of any land but shall apply to any . . . change in the use of . . . land after die effective date of any regulations adopted under this…”
Weber v. Board of County Commissioners (1994)
kanctapp · cites it 2×
“That the raising and keeping of greyhounds for racing or sale constitutes the use of land for an agricultural purpose as contemplated by K.S.A. 12-758, K.S.A. 19-2908, K.S.A. 19-2921 and K.”
Seward County ex rel. Seward County Board of Commissioners v. Navarro (2006)
kanctapp
“Cities and counties are given general zoning authority for the protection of the public health, safety, and welfare. K.S.A. 12-741(a). However, this authority shall not apply to the use of land for agricultural purposes or to buildings erected on the land for agricultural…”
Vickers v. Franklin Cnty. Bd. of Commissioners (2019)
kanctapp · cites it 2×
“Plaintiffs acknowledged that under K.S.A. 12-758, land use which existed prior to the enactment of a zoning ordinance may continue despite the fact it does not comply with newly enacted zoning restrictions.”
— K.S.A. § 12-758(a) — 2 cases
Vickers v. Franklin Cnty. Bd. of Commissioners (2019)
kanctapp
“Plaintiffs acknowledged that under K.S.A. 12-758, land use which existed prior to the enactment of a zoning ordinance may continue despite the fact it does not comply with newly enacted zoning restrictions.”
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