19-2921.
Zoning regulations inapplicable to existing structures or agricultural land; exceptions.
Regulations adopted under authority of this act shall not apply to the existing use of any buildings or land and shall not prevent the restoration of a building damaged not more than 50% of its assessed valuation by fire, explosion, act of God or the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, but shall apply to any alteration of a building to provide for a change in such use of any building or land after the effective date of any such zoning regulation. Except for flood plain regulations in areas designated as a flood plain, regulations adopted 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 erected thereon are used for agricultural purposes and not otherwise.
History:
L. 1939, ch. 164, § 8; L. 1965, ch. 178, § 11; L. 1991, ch. 63, § 5; July 1.
Notes of Decisions
Blauvelt v. Bd. of Leavenworth Cnty. Comm'rs, 605 P.2d 132 (Kan. 1980).
· cites it 7× “The issue involves an interpretation of K.S.A. 19-2921, which provides: “Regulations adopted under authority of this act shall not apply to the existing use of any buildings or land .”
Miami Cnty. v. Svoboda, 955 P.2d 122 (Kan. 1998).
· cites it 10× “He argued that his use of the field is for agricultural purposes and is, therefore, exempt under K.S.A. 19-2921. Under the unique facts of this case, we conclude that contrary to the decision of the trial court, Svoboda’s use of the landing field is exempt from local zoning…”
State v. Scherer, 721 P.2d 743 (Kan. Ct. App. 1986).
· cites it 2× “19-2908 provides in part: “No determination nor rule nor regulation shall be held to 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 erected thereon are used for…”
VanGundy v. Lyon Cnty. Zoning Bd., 699 P.2d 442 (Kan. 1985).
· cites it 5× “K.S.A. 19-2921 prohibits regulation of land used for agricultural purposes and provides, in part: “That no determination nor rale nor regulation shall be held to apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such…”
Corbet v. Bd. of Shawnee Cnty. Comm'rs., 783 P.2d 1310 (Kan. Ct. App. 1989).
· cites it 2× “The present issue centers around the interpretation of K.S.A. 19-2921, which states in part: "[N]o determination nor rule nor regulation shall be held to apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such…”
Corbet v. Bd. of Shawnee Cnty. Commissioners, 783 P.2d 1310 (Kan. Ct. App. 1989).
· cites it 2× “The present issue centers around the interpretation of K.S.A. 19-2921, which states in part: “[N]o determination nor rule nor regulation shall be held to apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such…”
Zesiger (D. Kan. 2026).
· cites it 2× “Z&M sought a declaratory ruling that the Leavenworth County Zoning Regulations did not apply to Z&M’s agricultural use of their property, that the regulation violated K.S.A. § 19-2921, and an order dissolving the SUP.”
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