(a)

In accordance with the provisions of K.S.A. 12-757, the planning commission may recommend and the governing body may approve a lesser change in zoning districts without republication of a notice or redistribution of notices to property owners when 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 meeting, at which a zoning amendment is being considered, desires to amend the application for a change, then such a proposed change may be recommended by the planning commission for reconsideration by the governing body without further publication or notice.

(b)

For the purposes of this section, zoning classifications of lesser change shall be as shown in subsection (b)(1) of this section, based on descending order of use restriction:

(1)

Zones included in lesser change provisions. Most restrictive to least restrictive in terms of allowable uses of land:

a.

A-1 Agricultural District;

b.

R-S Suburban Single-Family Dwelling District;

c.

R Single-Family Dwelling District;

d.

R-1 Single-Family Dwelling District;

e.

R-2 Two-Family Dwelling District;

f.

R-3 Multiple-Family Dwelling District;

g.

C-S Highway Service District;

h.

C-1 Neighborhood Shopping District;

i.

C-3 General Business District;

j.

I-1 Light Industrial District; and

k.

I-2 Heavy Industrial District.

(2)

Zones not included in lesser change provisions. Because of the highly specialized purposes of the following districts they are not included in the table of lesser zoning changes and are excluded from designation through the lesser change provisions:

a.

F-P Floodplain District;

b.

PUD Planned Unit Development District;

c.

M-H Manufactured Home District;

d.

M-P Manufactured Home Park District;

e.

C-2 Retail Business District; and

f.

I-P Industrial Park District.

(Ord. No. 4272, § 1(22-32.01), 4-7-2003)

If a protest against such amendment is filed in the city clerk's office within 14 days after the date of the conclusion of the public hearing pursuant to said publication notice, said protest being duly signed and acknowledged by the owners of 20 percent or more of any real property proposed to be rezoned or by the owners of 20 percent of the area, excepting public streets and ways located within the city's zoning jurisdiction and located within 200 feet of the boundaries of the property proposed to be rezoned, or within 1,000 feet in the unincorporated area if the property to be rezoned is located adjacent to or outside the city's limits, such amendment shall not be passed except by at least three-fourths vote of the members of the governing body.

(Ord. No. 4272, § 1(22-32.02), 4-7-2003)