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19-2908. Zoning regulations inapplicable to existing structures or agricultural land; exceptions. Regulations adopted under authority of this act shall not apply to existing structures nor to the existing use of any buildings or land, but shall apply to any alteration of a building to provide for its use for a purpose or in a manner different from the use to which it was put before the alteration. This act shall not prevent the restoration of a building damaged not more than fifty percent 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, or prevent a change of such existing use except under limitations provided herein in relation to existing buildings and premises. 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. No plat nor dedication of any such land for public purposes may be made without submission to the zoning board and the approval of the county commissioners.

History: L. 1939, ch. 165, § 8; L. 1941, ch. 196, § 3; L. 1991, ch. 63, § 4; July 1.

Law Review and Bar Journal References:

County zoning regulations not applicable to feed lot and agricultural pursuit, Bruce E. Wingerd, 36 J.B.A.K. 9, 11 (1967).

Cited; county zoning of commercial feed lots, Dale J. Paulsen, 6 W.L.J. 493, 504 (1967).

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

"Tell it to the judge: Appealing a zoning decision," Roger W. Badeker, 67 J.K.B.A. No. 7, 33 (1998).

Attorney General's Opinions:

Planning and zoning; regulations inapplicable to land used for agricultural purposes. 79-260.

Planning and zoning; greyhound operations. 81-173.

Planning and zoning; regulations inapplicable to agricultural purposes; home rule authority. 85-39.

Zoning; mobile home in zoned agricultural area; agricultural purposes. 88-156.

Agricultural corporations; limitations; nonfarming business exception. 91-97.

Land used for agricultural purposes; valuation for taxation; application of county zoning regulations; multiple uses of property; ownership of land. 96-86.

CASE ANNOTATIONS

1. Error in not instructing that land use, although prohibited by zoning, was exempt as agricultural use. State v. Scherer, 11 Kan. App. 2d 362, 366, 367, 721 P.2d 743 (1986).

2. Whether raising and keeping greyhounds for sale or racing is an agricultural use for zoning purposes examined. Weber v. Board of Franklin County Comm'rs, 20 Kan. App. 2d 152, 155, 884 P.2d 1159 (1994).


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