12-764. Same; development rights, vesting of. (a) For development rights vested prior to July 1, 2009:
(1) For the purpose of single-family residential developments, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within five years of recording a plat, the development rights in such shall expire.
(2) For all purposes other than single-family developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by a city or county and construction has begun and substantial amounts of work have been completed under a validly issued permit.
(3) The governing body may provide in zoning regulations for earlier vesting of development rights, however, vesting shall occur in the same manner for all uses of land within a land-use classification under the adopted zoning regulations.
(b) For development rights vested on and after July 1, 2009:
(1) For the purpose of residential developments, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within 10 years of recording a plat, the development rights in such shall expire. For purposes of this section, residential developments may include single family housing; multiple family housing such as apartments, duplexes, townhomes and similar configurations; condominiums; and manufactured and modular homes.
(2) For all purposes other than residential developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by a city or county and construction has begun and substantial amounts of work have been completed. If substantial amounts of the work have not been completed within 10 years of the issuance of such permits, the development rights shall expire.
(3) The governing body may provide in zoning regulations for earlier vesting of development rights, however, vesting shall occur in the same manner for all uses of land within a land-use classification under the adopted zoning regulations.
History: L. 1991, ch. 56, § 21; L. 2009, ch. 84, § 1; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 7 - Planning And Zoning
12-715c Same; procedure for adoption, amendment and enforcement of regulations.
12-715d Same; city regulations and authority terminate upon adoption of regulations by county.
12-736 Group homes, exclusion of, prohibited; conditions; definitions.
12-741 Planning and zoning in cities and counties; authorization.
12-743 Same; notice to other units of government.
12-745 Same; planning commission; meetings; officers; powers.
12-746 Same; planning commission budget.
12-747 Same; comprehensive plan; contents; procedure for adoption; annual review of plan.
12-748 Same; construction of public facility or utility in conformance with comprehensive plan.
12-749 Same; subdivision regulations; adoption and amendment; notice and hearing.
12-751 Same; building or zoning permits; building codes outside the city.
12-753 Same; zoning regulations; districts; restrictions.
12-754 Same; zoning jurisdictions; inclusion of land in flood plain zone.
12-755 Same; zoning regulations; authority.
12-756 Same; zoning; zones or districts; procedure to establish; notice and hearing.
12-758 Same; existing uses; alterations; agricultural land exempted, exception.
12-759 Same; board of zoning appeals; membership; vacancies; powers; fees; variances; exceptions.
12-760 Same; appeals to district court.
12-761 Same; violations; penalties; actions.
12-762 Same; existing plans effective until changed pursuant to this act.
12-763 Same; exclusion of manufactured homes prohibited, when.
12-764 Same; development rights, vesting of.
12-766 Same; flood plain zones; requirements; approval by chief engineer.
12-767 Same; flood plain requirements; city building codes.
12-768 Same; flood plain requirements; county building codes.
12-769 Same; transfer of certain moneys to county.
12-770 Nonconforming uses; sexually oriented businesses; definitions.
12-771 Same; nonconforming uses; elimination of.
12-772 Military installations; state area of interest.
12-773 Same; communications, cooperation duties; military installations, municipalities.
12-775 Same; zoning and land use municipalities have final decision.