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12-715b. Zoning of land outside city limits; conditions and limitations; notice to county commissioners. Cities are hereby authorized to adopt zoning regulations affecting all or any designated portion of the land located outside the city but within three miles thereof under the following conditions. Except for flood plain regulations in areas designated as a flood plain, nothing in this act shall be construed as authorizing any city to adopt regulations applying to or affecting any land in excess of three acres under one ownership which is used only for agricultural purposes:

(a) The city has established a planning commission under the provisions of K.S.A. 12-702, and amendments thereto, which provides for the appointment of two commission members who reside outside the city but within the area subject to the zoning regulations of the city, or the city has established a joint, metropolitan or regional planning commission in cooperation with the county in which such city is located pursuant to the provisions of K.S.A. 12-718, and amendments thereto.

(b) The land outside the city which is subject to the zoning regulations of the city has been included within a comprehensive plan recommended by either of such planning commissions and has been approved by the city governing body or the board of county commissioners.

(c) The county has specifically excluded the land from county zoning regulations or the county does not have in effect zoning regulations for such area adopted in conformity with the statutes prescribing procedure for the adoption of county zoning regulations.

(d) The city has notified the board of county commissioners in writing 60 days before initiating zoning regulations by ordinance for such area of its intention to adopt such regulations by ordinance.

History: L. 1969, ch. 76, § 1; L. 1984, ch. 67, § 1; L. 1991, ch. 63, § 2; July 1.

Law Review and Bar Journal References:

"Vanishing Farmlands and Decaying Downtowns: The Case for Growth Management," Linda Henry Elrod, 51 J.K.B.A. 18, 24 (1982).

Attorney General's Opinions:

Planning and zoning; duties of planning commission. 81-60.

Membership on and extraterritorial powers of city planning commission. 81-104.

Procedure to be followed for repeal of zoning ordinances. 81-166.

Planning and zoning; adoption or amendment of zoning regulations; area included. 84-19.

Powers of rural water districts; contract with city for purchase of water. 89-95.

CASE ANNOTATIONS

1. Referred to; action to enjoin construction of facility under a variance granted by county board upheld. Stice v. Gribben-Allen Motors, Inc., 216 K. 744, 745, 534 P.2d 1267.

2. Proposed use of or reason for island annexation (K.S.A. 12-520c) examined where future growth affected. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 249 K. 149, 150, 815 P.2d 492 (1991).

3. Mentioned; zoning case alleging constitutional and state law violations; county granted summary judgment. Continental Coal, Inc. v. Cunningham, 553 F.Supp.2d 1273, 1280 (2008).


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