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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.

Law Review and Bar Journal References:

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).

"Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 169, 181, 182 (1986).

"What Can They Do? Limitation on the Power of Local Zoning Authorities," Patrick B. Hughes, 76 J.K.B.A. No. 1, 28 (2007).

Attorney General's Opinions:

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

Planning and zoning; home rule powers; limitations. 82-200.

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

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

County planning and zoning; agricultural purposes; greyhound operations. 90-68.

Enactment of moratorium on establishment of salvage yard must be in good faith, nondiscriminatory and reasonably related to public health, safety and welfare. 91-61.

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

Farm winery constitutes an agricultural purpose and is exempt from county zoning regulations. 92-92.

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

Corporate swine production facilities; county authority. 97-72.

A county may not require buildings used solely for agricultural purposes to comply with county construction codes. 2016-10.

County prohibited from imposing zoning regulations upon land used for agricultural purposes. 2018-4.

CASE ANNOTATIONS

1. Construed; agricultural purpose buildings, as contemplated hereunder, includes dwelling place, which is exempt from county zoning regulations. Blauvelt v. Board of Leavenworth County Comm'rs., 227 Kan. 110, 605 P.2d 132.

2. Blasting and rock removal for farm pond construction is agricultural purpose, incidental rock sales notwithstanding. VanGundy v. Lyon County Zoning Board, 237 Kan. 177, 182, 699 P.2d 442 (1985).

3. Cited; error in not instructing that land use, although prohibited by zoning, was exempt as agricultural use (K.S.A. 19-2908). State v. Scherer, 11 Kan. App. 2d 362, 366, 367, 721 P.2d 743 (1986).

4. Proposed use of land as hunting preserve is agricultural use which does not require special permit. Corbet v. Board of Shawnee County Comm'rs, 14 Kan. App. 2d 123, 127, 783 P.2d 1310 (1990).

5. Under facts, airplane landing field used for agricultural purposes is exempt from county zoning regulations. Miami County v. Svoboda, 264 Kan. 204, 206, 955 P.2d 122 (1998).


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