For the purpose of promoting the public health, safety and welfare, conserving the value of property throughout the city, and lessening or avoiding congestion in the public streets, the board of commissioners may, from time to time, in the manner hereinafter set forth, amend this chapter, the district boundary lines and the zoning map, provided that in all amendatory ordinances adopted under the authority of this chapter, due allowance shall be made for existing conditions, the conservation of property values, and the uses to which property is devoted at the time of adoption of such amendatory ordinance.

(Code 1966, § 36-200)

Proposals for amendment may be initiated by the board of commissioners, the planning commission, or upon application of the owner of the property affected pursuant to the procedure set forth in section 42-23.

(Code 1966, § 36-201)

(a)

When the board of commissioners, or the planning commission, proposes an amendment, it shall transmit its proposal, including information prescribed in subsections (b)(2) and (b)(3) below, to the planning commission for a public hearing and a report thereon.

(b)

When the owner of the property affected proposes an amendment to this chapter or to any zoning district created thereby, an application for such amendment, addressed to the board of commissioners, shall be filed in duplicate with the planning commission. The application shall be in such form and contain such information as shall be prescribed from time to time by the planning commission, but shall in all instances contain the following information:

(1)

The applicant's name and address;

(2)

The precise wording of any proposed amendment to the text of this chapter;

(3)

If affecting a change in the zoning map:

a.

The legal description and street address of the property proposed to be reclassified;

b.

The name and address of the owner or owners of the property;

c.

The present zoning classification and existing uses of the property proposed to be reclassified;

d.

The area of the property proposed to be reclassified; and

e.

An ownership list certified by a registered abstractor of the owners of all property located within two hundred (200) feet of the boundaries of the property to be affected by the proposed amendment.

(4)

Such application shall be accompanied by a fee pursuant to the city fee schedule, which may be changed from time to time.

(Code 1966, § 36-202)

(a)

Generally. The planning commission shall hold a public hearing on each proposed amendment at a reasonable time and place as established by the planning commission. It shall hold such hearing within forty-five (45) days from the date on which the proposed amendment is referred to, filed with, or initiated by the planning commission. An applicant for an amendment may waive the requirement that such hearing be held within forty-five (45) days.

(b)

Notice of hearing. The planning commission shall publish a notice of the public hearing at least once in the official city newspaper at least twenty (20) days prior to the date of the hearing. Such notice shall fix the date, time and place for such hearing and contain a statement regarding the proposed changes in regulations or in the boundary or classification of any zone or district. If the proposed amendment would change the zoning classification or district boundary of specific property, such notice shall contain the legal description or a general description sufficient to identify the property under consideration, its present zoning classification, and its proposed classification. In such case, written notice of such proposed amendment shall also be mailed at least twenty (20) days prior to the hearing to the owners of record of the affected property and to all owners of record of lands located within two hundred (200) feet of the area proposed to be altered. If the affected property is located adjacent to or outside the city limits, the area of notification shall be extended to one thousand (1,000) feet into the unincorporated area. In addition to the published and written notice, a sign shall be posted on the land which is under consideration for rezoning. The planning commission may give such additional notice to other persons as it may, from time to time, provide by its rules.

(c)

Conduct of hearing. The hearing, which may be adjourned from time to time, shall be conducted in accordance with such procedures as the planning commission shall 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 report is made, a copy thereof shall be made available to the applicant and any other interested person in the offices of the planning commission.

(Code 1966, § 36-203; Ord. No. 91-9485, § 1, 12-9-91)

Within forty (40) days after the close of a public hearing on a proposed amendment, the planning commission shall submit a report to the board of commissioners. A copy of the report shall be filed with the city clerk and with the zoning administrator and such copies shall be available for public inspection. A copy of the report shall be mailed to the owner of the specific property affected by the proposed amendment. Such report shall contain a recommendation for approval or disapproval and the reasons therefor based on evidence presented and matters considered at the hearing. The following matters shall be considered when approving or disapproving a rezoning request:

(1)

The character of the neighborhood and the uses and zoning of nearby property;

(2)

The suitability of the subject property for development with uses permitted under existing zoning;

(3)

The availability of public facilities and services to support the uses permitted on the subject property under proposed zoning;

(4)

The conformance of the requested change to the city's comprehensive plan;

(5)

Any other information or factors relevant to the subject rezoning request.

The report submitted to the board of commissioners shall be accompanied by a copy of the record of the hearing on the proposed amendment.

(Code 1966, § 36-204; Ord. No. 87-9195, § 1, 7-27-87; Ord. No. 91-9485, § 2, 12-9-91)

(a)

Adoption of amendments. The board of commissioners shall not act upon a proposed amendment until it has received a written report and recommendation from the planning commission. Upon receipt of said report and recommendation and consideration of the matters contained in section 42-25, the board of commissioners may:

(1)

Adopt such recommendation by ordinance;

(2)

Override the planning commission's recommendation by a two-thirds (⅔) majority vote of the entire membership; or

(3)

Return such recommendation to the planning commission with a statement specifying the basis for the board of commissioner's failure to approve or disapprove. If the board of commissioners returns the recommendation, the planning commission, after considering the same, may resubmit its original recommendation giving reasons therefore or submit a new and amended recommendation. Upon receipt of such recommendation, the governing body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by ordinance, or it need take no further action thereon. If a proposed amendment is not acted upon finally by the board of commissioners within one hundred twenty (120) days of the date upon which the planning commission's recommendation is received, such proposed amendment shall be deemed to have been denied, unless the applicant for such amendment shall have consented to an extension of such period of time. Whenever a proposed amendment has been denied, such amendment shall not thereafter be passed without a further public hearing and notice thereof as provided in section 42-24.

(b)

Protest. If a written protest against a proposed amendment is filed in the office of the city clerk within fourteen (14) days after the date of the conclusion of the public hearing pursuant to the published notice, signed by the owners of record of twenty (20) percent or more of any real property proposed to be rezoned or by the owners of record of twenty (20) percent or more of the total area required to be notified by this act of the proposed rezoning of specific property, excluding public streets and ways, the ordinance adopting such amendment shall not be passed except by at least a three-fourths (¾) vote of all of the members of the board of commissioners.

(Code 1966, § 36-205; Ord. No. 91-9485, § 3, 12-9-91)

State Law reference— Appeals to district court, K.S.A. 12-712.

After one official rezoning application has been denied, an application for rezoning of the subject property to the same or less restrictive zoning district cannot be filed until the expiration of six (6) months from the date of final action by the board of commissioners.

(Ord. No. 87-9203, § 1, 9-28-87)