Governing body means the 12 members of the city council plus the mayor for a total of 13 members.

(Ord. 2199, Sec. II, 2009)

A proposed amendment that affects specific property may be initiated by application of the owner of the property affected, the planning commission or the governing body. If such application is made by the owner's agent, said agent shall enter upon the application the name and current mailing address of the owner. If the property is under contract or option to purchase, the name and current mailing address of the purchaser shall also be shown on the application. All applications shall be made on forms prescribed by the city and duly filed with the city clerk or their designee.

A proposed amendment to supplement, change or generally revise the boundaries or zoning regulations may be initiated by the governing body or planning commission.

(Ord. 2199, Sec. III, 2009)

A fee as established by the city council shall accompany each application for amendment. In addition, the applicant is obligated to pay all costs incurred by the city, including publication costs, consultant's charges for application review, court reporter costs, and costs of the original transcript of the hearing of the planning commission and copies of the same. Simultaneously with the payment of the filing fee, the applicant shall accompany each application with a cost advance as specified to be used by the city to pay for said costs. If the costs are less than the stipulated cost advance, the city shall refund the difference to the applicant. If the costs are more than the stipulated cost advance, the city shall so notify the applicant who is obligated to pay such excesses forthwith.

All such applications shall be scheduled for hearing not later than the second regular monthly meeting of the planning commission following the date of the earliest publication period available as required by law. Any such hearing may, for good cause, in the discretion of the planning commission, be continued for a definite time to be specified in the record of the commission. Notice of such hearing shall be published in one issue of the official newspaper of Prairie Village, such notice to be published not less than 20 days exclusive of the days of the publication and hearing, prior to the date of said hearing before the commission. The application area shall be designated by legal description or a general description sufficient to identify the property under consideration. If a general description is used, said notice shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. In addition to such publication, the applicant shall be responsible for mailing notice of such proposed change to all the owners of lands located within 200 feet, except public streets and ways, of the area proposed to be rezoned at least 20 days prior to the hearing, thus providing an opportunity to all interested parties to be heard. Such mailed notice shall be given by certified mail, return receipt requested, and shall be in the form of a letter explaining the proposed change. A copy of the publication notice shall be included and such mailed notices shall be addressed to the owners of land mentioned above and not to non-owner occupants. Failure to receive such notice shall not invalidate any subsequent action taken. The applicant shall file with the city clerk or their designee, not less than six days prior to the date of the hearing, an affidavit to the effect that such notices were indeed mailed in compliance with this title.

(Ord. 2199, Sec. III, 2009)

In the case of an application for rezoning of land for a use which may, in the opinion of the commission or governing body, substantially change traffic patterns, or create traffic congestion, either body may, by motion, require that the applicant procure the services of a competent professional traffic engineer for the purpose of preparing a traffic study. Such study shall show whether or not the traffic generated by the proposed development will be handled on the site in an orderly and efficient manner and that vehicular ingress and egress from the site onto public streets will function in an orderly and efficient manner.

Each applicant for rezoning; within 48 hours of filing such application, place a sign upon the lot, tract or parcel for which the application was filed. Said sign shall be furnished by the city and the applicant shall firmly affix and attach the sign to a wood or metal backing or frame and place the sign as hereinafter set forth. Said signs shall read as follows:

REZONING PENDING
APPLICATION NUMBER. . . . .
From. . . . .To. . . . .
PUBLIC HEARING AT CITY HALL
BEFORE PLANNING
COMMISSION ON
. . . . . . . . . . . . . . . . . . . .
CITY OF PRAIRIE VILLAGE, KANSAS
Unauthorized Removal, Defacing, or Destruction of
this Sign Punishable upon Conviction by
Fine not Exceeding $100.00 and/or not more than 30 days imprisonment.

Said sign shall be maintained and kept in place by the applicant until the conclusion of the public hearing before the planning commission, or until withdrawal of the application, at which time the sign shall be removed by the applicant. The applicant shall file an affidavit at the time of said public hearing before the planning commission that the sign was placed and maintained to said hearing date as required by this title. No application shall be heard by the planning commission or the governing body unless such affidavit has been filed.

The bottom of said sign shall be a minimum of two feet above the ground line. Said sign shall be placed within five feet of the street right-of-way line, in a central position on such lot, tract or parcel of land and shall have no visual obstructions thereto. If the lot, tract or parcel of land has more than one street abutting thereto, the sign shall face the street with the greatest traffic flow. If the lot, tract, or parcel of land is larger than five acres, a sign as required by this title shall be placed so as to face each of the streets abutting thereto.

It is a misdemeanor for any person to remove, deface or destroy any sign provided for by this title. Any person, upon conviction thereof, shall be fined a sum not to exceed $100.00, or imprisoned in jail for not more than 30 days or be both so fined and imprisoned.

The factors to be considered in approving or disapproving a zoning request shall include, but not be limited to the following:

(1)

The character of the neighborhood;

(2)

The zoning and uses of property nearby;

(3)

The suitability of the property for the uses to which it has been restricted under its existing zoning;

(4)

The extent that a change will detrimentally affect neighboring property;

(5)

The length of time of any vacancy of the property;

(6)

The relative gain to public health, safety and welfare by destruction of value of the applicant's property as compared to the hardship on other individual landowners;

(7)

City staff recommendations; and

(8)

Conformance with the Comprehensive Plan.

After the public hearing, the planning commission, by a majority of members present and voting, 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, it shall be deemed to have made a recommendation of disapproval. The planning commission shall submit its recommendation, and the reasons therefore, to the governing body.

(Ord. 2199, Sec. III, 2009)

After receipt of the planning commission's recommendations of any such amendment, the governing body may:

(1)

Adopt such recommendation by a simple majority (seven votes) and if it is to approve a change, adopt an ordinance to that effect;

(2)

Override such recommendation by a two-thirds (2/3) majority vote of the membership of the governing body (nine votes) and if it is to approve a change, adopt an ordinance to that effect; or

(3)

Return such recommendation to the planning commission with a statement specifying the basis for the governing body's failure to approve or disapprove by a simple majority of the quorum present.

If the governing body returns the recommendations, the planning commission may resubmit its original recommendations giving the reasons therefore or submit a new and amended recommendation. If the planning commission fails to deliver its recommendation to the governing body following the planning commission's next regular meeting, such inaction shall be deemed a resubmission of the original recommendation. Upon the receipt of any such recommendation, the governing body may adopt or it may revise or amend and adopt such recommendation by a simple majority (seven votes) thereof or it need take no further action.

Regardless of whether or not the planning commission approves or disapproves a zoning amendment, if a protest petition against such amendment is filed in the Office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, signed by the owners of record of 20 percent or more of any real property proposed to be rezoned or by the owners of record of 20 percent or more of the total area required to be notified of the proposed rezoning of specific property, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a three-fourths (3/4) vote of all members of the governing body (ten votes).

(Ord. 2199, Sec. III, 2009)

The planning commission may recommend a lesser change than that requested. Lesser change is deemed to be a more restrictive change. The restrictiveness of the zoning classifications in this Code and title are established in the following descending order from most restrictive to least restrictive:

(1)

R-1a and RP-1a Most restrictive

(2)

R-1b and RP-1b

(3)

R-2 and RP-2

(4)

R-3 and RP-3

(5)

R-4 and RP-4

(6)

C-3

(7)

C-O and CP-0

(8)

C-1 and CP-1

(9)

C-2 and CP-2

In the case of denial of an application by the governing body, the applicant must wait a period of six months from the date of denial before reapplying for approval of a special use permit unless the legal description of the property has substantially changed or the new application is for a special use permit that is a different use than the original.

The city administrator, or his/her designee, shall determine if an application concerns "substantially the same" property, development and land use as a prior application. The landowner may appeal such determination to the planning commission.

The governing body may waive the waiting period for good cause shown.

(Ord. 2307, Sec. II, 2014)