Land Use & Zoning

A Kansas property with a nonconforming use was legally operating before a new zoning ordinance was enacted. Under most Kansas zoning laws, this use:

AMust cease immediately upon ordinance enactment
BMay continue but cannot be expanded or rebuilt if destroyed✓ Correct
CCan be expanded freely as a grandfathered right
DRequires KREC approval to continue

Explanation

Nonconforming uses lawfully established before a new zoning ordinance may generally continue (they are 'grandfathered in') but typically cannot be expanded, and if destroyed may not be rebuilt.

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