1.

Applications for amendments, revisions or changes to the district boundaries on the Official Zoning Map in effect for the City of Seneca and the Two-Mile Planning Area, may be made by any person who owns land for which such an amendment, revision or change is sought, or by the owner's agent.

2.

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 and shall submit written authorization to act as agent for said owner prior to the setting of any public hearing.

3.

Applications for amendments, revisions or changes to the Zoning Ordinance or the Official Zoning Map may also be made by the Planning Commission or. the Governing Body; provided, such, proposed amendments, revisions or changes shall first be submitted to the Planning Commission for public hearing, recommendation and report and the final decision is made by the Governing Body.

1.

All applications or requests for amendments, revisions or changes to the Zoning Ordinance or the Official Zoning Map shall be made to the Development Administrator on such forms as provided and acceptable to the Development Administrator.

2.

The payment of the application fee, as established by the Governing Body by separate resolution, shall be made at the time of the submission of the application.

3.

Immediately upon receipt of an application for rezoning by the owner, or his agent, and the payment of the appropriate fee, the Development Administrator shall note thereon the date of filing and make a permanent record thereof.

4.

An application shall be deemed complete when the Development Administrator has received:

A.

a completed application form,

B.

any required development plan,

C.

the application fee, and

D.

such other documents necessary to process the application without further delay.

5.

All such proposed applications for amendment, revisions or changes to the Zoning Ordinance or the Official Zoning Map shall be submitted to the Planning Commission for recommendation.

6.

The Planning Commission shall hold a public hearing thereon and shall cause a written summary to be made of the proceedings.

7.

Notice of such hearing shall be published once in the official city newspaper at least 20 days prior to the date of the hearing.

A.

Said notice shall fix the time and place for such hearing,

B.

shall give the name address of the applicant, and

C.

shall contain a statement regarding the proposed changes in the regulations or restrictions, or in the boundary or classification of any zone or district.

D.

If the application is not a general amendment, revision or change to the Zoning Ordinance, but is for a rezoning affecting specific property, the property affected shall be designated by legal description and a general description sufficient to identify the property under consideration.

E.

In addition to such publication notice, written notice of such proposed rezoning shall be mailed by certified mail with return receipt at least 20 days before the public hearing to all owners of record of lands located within at least 1000 feet of the area proposed to be altered; provided, said notice shall extend only 200 feet in those areas where the notification area extends within the incorporated limits of the City of Seneca, Kansas.

F.

The applicant shall pay costs of all certified mailing notices to said owners of record.

G.

All notices shall include a statement that a complete legal description is available for public inspection in the office of the Development Administrator.

H.

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.

I.

The applicant shall provide a certified list of the owners of record of said lands at the time of the filing of the application.

8.

In the case of an application by the Planning Commission or the Governing Body, all the above stated requirements shall be followed except:

A.

No fee shall be required.

B.

If the application is for an amendment or revision to the text of the Zoning Ordinance, notice of the public hearing shall not be required to be mailed to all affected persons; therefore, a certified list of the owners of land shall not be required.

C.

The Planning Commission shall hold the public hearing at the place and time so stated within the legal notice.

D.

The hearing may be adjourned from time to time, and at the conclusion of the same, the Planning Commission shall take action on the request by preparing a recommendation either to approve, approve with conditions as authorized by these regulations, or disapprove the application by a majority of the members of the Planning Commission present and voting at the hearing.

E.

When the Planning Commission fails to make a recommendation on an application, the Planning Commission shall be deemed to have made a recommendation for disapproval.

F.

Any such hearing may, for good cause at the request of the applicant, or in the discretion of the Planning Commission, be continued.

G.

No member of the Planning Commission shall take part in any discussion or action if he holds an interest in the land under consideration (or has ever held an interest in the property in question) or holds an interest in the property which is adjacent to the subject property.

H.

When the Planning Commission submits a recommendation of approval or disapproval of such amendment, revision or change and the reasons there for, the Governing Body may:

1)

adopt such recommendation by resolution

2)

override the Planning Commission's recommendation by a 2/3 majority vote of the membership of the Governing Body; 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.

4)

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 there for or submit a new and amended recommendation.

5)

Upon receipt of such recommendation, the Governing Body, by a simple majority thereof, may adopt, may revise or amend and adopt, or may disapprove such recommendation by resolution, or it need take no further action thereon.

6)

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.

7)

The proposed amendment, revision or change, if approved with or without conditions, shall become effective upon publication of the adopting resolution.

I.

If such amendment affects the boundaries of any zone or district:

1)

the resolution shall describe the boundaries as amended, or

2)

if provision is made for the fixing of the same upon the Official Zoning Map which has been incorporated by reference:

a)

the amending resolution shall define the change or the boundary as amended,

b)

shall order the Official Zoning Map changed to reflect such amendment,

c)

shall amend the section of the resolution incorporating the same; and

d)

shall reincorporate such map as amended.

9.

Regardless of whether or not the Planning Commission approves or disapproves a proposed zoning amendment, supplement or change, if a protest 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, duly signed and acknowledged by the owners of record of 20% or more of any property proposed to be rezoned, or by the owners of record of 20% or more of the total area required to be notified of the proposed amendment, supplement or change of a specific property, excepting public streets and highways, the resolution of approval shall not be passed except by 3/4 majority vote of the Governing Body.

1.

When a proposed amendment would result in a change of the zoning classification of any specific property, the recommendation of the Planning Commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Planning Commission is based using the following guidelines:

A.

Whether the change in classification would be consistent with the intent and purpose of these regulations;

B.

The character and condition of the surrounding neighborhood and its effect on the proposed change;

C.

Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and if so, the nature of such changed or changing conditions;

D.

The current zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification;

E.

Whether every use that would be permitted on the property as reclassified would be compatible with the uses permitted on other property in the immediate vicinity;

F.

The suitability of the applicant's property for the uses to which it has been restricted;

G.

The length of time the subject property has remained vacant or undeveloped as zoned; provided, the use of land for agricultural purposes shall be considered as a viable use of land and not be considered as allowing the land to be vacant or undeveloped;

H.

Whether adequate sewer and water facilities, and all other needed public services including transportation, exist or can be provided to serve the uses that would be permitted on the property if it were reclassified;

I.

The general amount of vacant land that currently has the same zoning classification proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such land available or not available for development;

J.

The recommendations of public and private staff;

K.

Whether the proposed amendment would be in conformance to and further enhance the implementation of the Comprehensive Plan;

L.

Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such a reclassification; and

M.

Such other factors as may be relevant from the facts and evidence presented in the application.