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Session of 2026
HOUSE BILL No. 2701
By Committee on Commerce, Labor and Economic Development
Requested by Mark Tomb on behalf of Kansas Realtors
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AN ACT concerning housing; relating to zoning regulations; permitting
nonuniform zoning regulations within a zoning district with respect to
classes or kinds of buildings or land uses; amending K.S.A. 12-756 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-756 is hereby amended to read as follows: 12-
756. (a) Before any city or county establishes any zone or district or
regulates or restricts the use of buildings or land therein within any such
zone or district, the governing body shall require the planning commission
to recommend the nature and number of zones or districts which it that the
planning commission deems necessary and , the boundaries of the same
such zones or districts and appropriate regulations or restrictions to be
enforced therein. Except as provided in the zoning regulations, all such
regulations shall need not be uniform for each class or kind of building or
land uses throughout each district, but the and such regulations in one
district may differ from those in other districts , and special uses may be
designated within each district with conditions attached.
(b) Upon the development of proposed zoning regulations, the
planning commission shall hold a public hearing thereon on such
regulations. Notice of such public hearing shall be published at least once
in the official city newspaper in the case of a city or in the official county
newspaper in the case of a county and on the city, county or joint city and
county website, if the city or county has a website or joint website, at least
20 days prior to the date of the hearing. In the case of a joint zoning board,
notice of such hearing shall be published in the official city and official
county newspapers and, to maximize publication to the extent websites are
available, on the city and county website, the city or county website or a
joint website of the city and county . Such notice shall fix the time and
place for such hearing and shall describe such proposal in general terms.
The hearing may be adjourned from time to time , and at the conclusion of
the same such hearing , the planning commission shall prepare its such
planning commission's recommendations and , by an affirmative vote of a
majority of the entire membership of the commission, adopt the same such
recommendations in the form of proposed zoning regulations and shall
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submit the same such proposed zoning regulations , together with the
written summary of the such hearing thereon, to the governing body. The
governing body either may: (1) Approve Adopt such recommendations by
the adoption of the same by ordinance in a city or resolution in a county;
(2) override the planning commission's such recommendations by a 2/3
majority vote of the membership of the governing body; or (3) may return
the same such recommendations to the planning commission for further
consideration, together with a statement specifying the basis for the
governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning
commission, after considering the same such recommendations , may
resubmit its such planning commission's original recommendations, giving
the reasons therefor, or submit new and amended recommendations. Upon
the receipt of such recommendations, the governing body, by a simple
majority thereof vote, may adopt or may revise or amend and adopt such
recommendations by the respective ordinance or resolution, or the
governing body need take no further action thereon with respect to such
recommendations. If the planning commission fails to deliver its such
planning commission's recommendations to the governing body following
the planning commission's next regular meeting after receipt of the
governing body's report, the governing body shall consider such course of
inaction on the part of the planning commission as a resubmission of the
original recommendations and proceed accordingly. The proposed zoning
regulations and any amendments thereto shall become effective upon
publication of the respective adopting ordinance or resolution.
(c) The provisions of this section shall become effective on and after
January 1, 1992.
Sec. 2. K.S.A. 12-756 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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