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Derby City Zoning Code

APPENDIX A

- TABLE OF COMPARABILITY OF ZONING DISTRICTS

In accordance with provisions provided in K.S.A. 12-757 the Derby City Planning Commission hereby establishes a "Table of Comparability for Zoning Districts" as listed below. This table designates the zoning districts, which are considered to be "lesser changes" due to their more restrictive characteristics as set forth in the Zoning Regulations.

When considering zoning district amendments, the Planning Commission and the Governing Body may recommend and approve a lesser change in zoning districts for the property already advertised for a public hearing without republication of a notice or redistribution of notices to property owners. This is the case provided such change is more restrictive than the district which is applied for as shown on the table below; provided, however, that such recommendation and approval shall not be for a lesser classification than the existing zoning district. If the applicant at the Governing Body meeting at which a zoning amendment is being considered desires to amend the application and/or the Governing Body desires to consider a 'lesser' zoning change, then such a proposed change shall be returned to the Planning Commission for reconsideration and further recommendation to the Governing Body without further publication or notice as provided for in K.S.A. 12-757 and in Article 11 of the Zoning Regulations.

MOST RESTRICTIVE
R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
R-2 TWO-FAMILY RESIDENTIAL DISTRICT
R-3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT
R-4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT
I-1 INSTITUTIONAL DISTRICT
B-1 OFFICE BUSINESS DISTRICT
B-2 NEIGHBORHOOD BUSINESS DISTRICT
B-3 GENERAL BUSINESS DISTRICT
B-4 CENTRAL SHOPPING DISTRICT
B-5 RESTRICTED COMMERCIAL, WAREHOUSING AND LIMITED MANUFACTURING DISTRICT
LEAST RESTRICTIVE
M-1 INDUSTRIAL DISTRICT
NOTE: Because of the uniqueness and special purpose for which the "R-1A" Single-Family Urban Density Residential District, "R-1B" Low-Density Residential District, "R-1C" Suburban Single-Family Residential District, "MH-1" Manufactured/Mobile Home Park District, "B-2A" Buckner Business District, "MU-1" Mixed Use District, "PUD" Planned Unit Development District, "APZ" Accident Potential Zone Overlay District, "T-C" Town Center Overlay District and "F-P" Flood Plain Overlay District serve, these districts are excluded from the Table of Comparability.
Although the notification for a "Special Use" is processed in the same manner as a rezoning case, it is not an actual change in zoning districts and, therefore, the Table of Comparability does not apply and reapplication is necessary for consideration of a different "Use" even if in the same zone. Part of the property considered for a "Special Use," however, may be withdrawn by the applicant or a lesser amount recommended for approval without re-notification.
EXAMPLE: If an application is advertised for public hearing requesting a change from "R-1" Single-Family Residential District to "M-1" Industrial District, the Planning Commission may recommend the lesser, i.e., more restrictive "B-5", "B-4," "B-3," "B-2," "B-1," etc., districts without republication or mailing of new notices.
If an application, however, is advertised for a public hearing requesting a change from the existing "B-1" Office Business District to the "M-1" Industrial District, the recommending of the lesser "R-3" or "R-2" Districts shall not be valid without republication and the mailing of new notices.