K.S.A. § 3-704

Relation to comprehensive zoning regulations

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3-704. Relation to comprehensive zoning regulations. (1) Incorporation. In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporated in and made a part of such comprehensive zoning regulations, and be administered and enforced in connection therewith.

(2) Conflict. In the event of conflict between any airport zoning regulations adopted under this act and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivisions which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement as to airport hazards shall govern and prevail.

History: L. 1947, ch. 13, § 4; June 30.


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Notes of Decisions
Cited in 1 case, 2011–2011 · 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 2× “As the district court interpreted the County Commissioner’s findings, the rezoning of the subject property did not create an airport hazard or an airport hazard area.”
— K.S.A. § 3-704(2) — 1 case
143rd Street Investors, L.L.C. v. Board of County Commissioners (2011) kan “As the district court interpreted the County Commissioner’s findings, the rezoning of the subject property did not create an airport hazard or an airport hazard area.”
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