K.S.A. » Chapter 03

K.S.A. § 3-307e

Same; zoning

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3-307e. Same; zoning. The airport commission shall act as an airport zoning commission for the county and as such shall make recommendations and serve in the same capacity as an airport zoning commission provided for in subsection (2) of K.S.A. 3-705. Said commission shall make such recommendations concerning type and boundary of zones and regulations to be adopted for public airports and all property within one (1) mile thereof. The board of county commissioners shall act on such recommendations and may zone such public airports and the surrounding areas within one (1) mile except where such areas have already been zoned by city action. In such cases, city zoned areas shall keep such city zoning control except that any changes in existing city zoning must have the approval of the board of county commissioners. All airport zoning regulations adopted as provided for herein shall be administered by the airport commission, as directed by the board of county commissioners. The county commissioners shall exercise directly all the zoning authority granted by this act in the event an airport commission is not appointed or functioning.

The provisions of article 7 of chapter 3 of the Kansas Statutes Annotated shall, insofar as the same can be made applicable, govern judicial review and enforcement and remedies for airport zoning regulations adopted pursuant hereto.

History: L. 1967, ch. 10, § 11; July 1.

CASE ANNOTATIONS

1. Whether local zoning authority decision was reasonable reviewed; standard of review and requirements for written decisions discussed. Board of Johnson County Comm'rs v. City of Olathe, 263 Kan. 667, 674, 952 P.2d 1302 (1998).

2. County may make its own independent, discretionary determination to approve or disapprove any proposed rezoning. 143rd Street Investors v. Board of Johnson County Comm'rs, 292 Kan. 690, 259 P.3d 644 (2011).


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Notes of Decisions
Cited in 3 cases, 1998–2011 · leading case: 143rd Street Investors, L.L.C. v. Board of County Commissioners
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143rd Street Investors, L.L.C. v. Board of County Commissioners (2011) kan · cites it 48× “: This appeal raises issues regarding the interpretation and application of K.S.A. 3-307e, a statute relating to the rezoning of property within 1 mile of the Johnson County Executive Airport (Airport).”
Board of County Commissioners v. Smith (2005) kan · cites it 9× “On April 18, attorney Neil Shortlidge for the city advised City Attorney Robert Watson that although the land lay within 1 mile of the airport, rezoning would not require county approval under K.S.A. 3-307e because the rezoning would not be a change in existing city zoning:…”
Board of Johnson County Comm'rs v. City of Olathe (1998) kan “The County filed suit, alleging that the City’s approval of the rezoning application was arbitrary, capricious, and unreasonable, that the City failed to obtain approval from the County as is required by K.S.A. 3-307e, that the City failed to follow and adhere to the procedure…”
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