10.11.

Authority. The Larned City Council may by ordinance amend these regulations and the district boundaries. No such amendment shall be adopted by the governing body until the planning commission has held a public hearing and submitted its recommendations.

10.12.

Proposal of amendments. The governing body, from time to time, may supplement, change or generally revise the boundaries or regulations contained in zoning regulations by amendment. A proposal for such amendment may be initiated by the governing body or the planning commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. Any such amendment, if in accordance with the land use plan or the land use element of the comprehensive plan, shall be presumed to be reasonable.

10.13.

Applications. When the owner of the property affected initiates an amendment to the regulations or the district boundaries, an application for such amendment shall be obtained from the city clerk. Said application shall be completed in its entirety and filed with the city clerk so that a public hearing date can be established.

10.14.

Ownership list. The application for an amendment shall be accompanied by an ownership list, obtained from county records which shall indicate the legal description and name and address of the owners of all property located within 200 feet of the boundaries of the property for which the zoning change is requested.

10.15.

Fees. For the purposes of wholly or partially defraying the costs of the amendment proceedings, the following fee shall be paid upon the filing of each application for a conditional use permit or a change of district boundaries or classification:

Agricultural .....$50.00

Residential .....$50.00

Commercial .....$75.00

Industrial .....$100.00

Conditional Use .....$75.00

10.16.

Disposition of amendment proposals. Upon receipt of a proposed amendment from the governing body or an application for an amendment from the owner of the property affected, the planning commission shall hold a public hearing on the proposed amendment, and forward to the governing body its findings and recommendations with respect to the proposed amendment.

(Ord. No. 1088, exh. A(10.10—10.16), 10-4-1982)

10.21.

Public hearing. The planning commission shall hold a public hearing on each proposed amendment that is referred to, filed with, or initiated by it. The planning commission shall select a reasonable hour and place for such public hearing, and it shall hold such hearing within 60 days from the date on which the proposed amendment is referred to, filed with, or initiated by it. An applicant for an amendment may waive the requirement that such hearing be held within 60 days.

10.22.

Notice of hearing. Public notice of a hearing on a proposed amendment shall be published once in the official city newspaper at least 20 days prior to the date set for such hearing. Such notice shall state the date, time and place of the hearing and shall contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration. In addition to such publication notice, written notice of such proposed amendment shall be mailed at least 20 days before the hearing to all owners of record of lands located within at least 200 feet of the area proposed to be altered. If the city proposes a zoning amendment to property located adjacent to or outside the city's limits, the area of notification of the city's action shall be at least 1,000 feet in the unincorporated area. All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the planning commission or the governing body. Such notice is sufficient to permit the planning commission to recommend amendments to zoning regulations which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice.

10.23.

Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the planning commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The planning commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the planning commission at least three days before the date set for the public hearing. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.

(Ord. No. 1088, exh. A(10.20—10.23), 10-4-1982)

10.31.

Recommendations. The procedure for the consideration and adoption of any such proposed amendment shall be in the same manner as that required for the consideration and adoption of the original zoning regulations. A majority of a quorum of the planning commission, as established in Ordinance No. 1099 of the City of Larned, shall be required to recommend approval or denial of the amendment to the governing body. If the planning commission fails to make a recommendation on a rezoning request, the planning commission shall be deemed to have made a recommendation of disapproval.

10.32.

Findings of fact. In order to recommend, approve or disapprove a proposed zoning district amendment, the planning commission shall make findings of fact to determine whether the application is found to be compatible with the following:

1.

Character of the neighborhood.

2.

Consistency with the comprehensive plan and ordinances of the City of Larned.

3.

Adequacy of public utilities and other needed public services.

4.

Suitability of the uses to which the property has been restricted under its existing zoning.

5.

Length of time property has remained vacant as zoned.

6.

Compatibility of the proposed district classification with nearby properties.

7.

The extent to which the zoning amendment may detrimentally affect nearby property.

8.

Whether the proposed amendment provides a disproportionately great loss to the individual land owners nearby relative to the public gain.

(Ord. No. 1088, exh. A(10.30—10.32), 10-4-1982)

10.41.

Adoption of amendments.

1.

When the planning commission submits a recommendation of approval or disapproval of such amendment and the reasons therefore, the governing body may:

a.

Adopt such recommendation by ordinance;

b.

Override the planning commission's recommendations by a two-thirds majority vote of the membership of the governing body; or

c.

Return such recommendation to the planning commission with a statement specifying the basis for the governing body's failure to approve or disapprove.

2.

If the governing body returns the planning commission's recommendation, the planning commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the governing body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or it need take no further action thereon. If the planning commission fails to deliver its recommendation 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 recommendation and proceed accordingly. The proposed rezoning shall become effective upon publication of the respective adopting ordinance.

10.42.

Protest. If a written protest against a proposed amendment shall be filed in the office of the city clerk no later than 14 consecutive days after the date of the conclusion of the hearing on a proposed amendment, which protest is duly signed and acknowledged by the owners of 20 percent or more of the property proposed to be rezoned, or by the owners of 20 percent or more of the total area, excepting public streets and ways, located within 200 feet of the boundaries of the proposed property to be rezoned, then such proposed amendment shall be enacted only upon a favorable vote by not less than three-fourths of the members of the city council. In computing the 14-day period prescribed above, the last day thereof is to be included unless it falls on a Saturday or Sunday or on a legal holiday, in which event the period extends to the next day which is not a Saturday, Sunday or a legal holiday.

10.43.

Publication.

1.

If the governing body approves an application, it shall adopt an ordinance to that effect, but said request shall not become effective until its publication in the official city newspaper.

2.

If the official zoning map has been adopted by reference, the amending ordinance shall define the change or boundary as amended, shall order the official zoning map to be changed to reflect such amendment and shall amend the section of the ordinance incorporating the same and shall reincorporate such map as amended.

(Ord. No. 1088, exh. A(10.40—10.43), 10-4-1982; Ord. No. 1330, § 8, 3-1-1999)