Applications for amendments, revisions or change in the Zoning District Map or Zoning Regulations in effect for the City of Tonganoxie may be made by any person who owns the land sought to be rezoned or an agent, as defined by these regulations, provided that such is not a general revision of the existing regulations and provided that it affects specific property. If such application is made by the owner's agent, the agent must attach a letter signed and notarized by the owner or other legal documentation authorizing that person as the owner's agent.

Recommendations for amendments, revisions or changes to the Zoning Regulations or Zoning District Boundary Map may also be made by the Tonganoxie City Planning Commission on its own motion, for final determination by the City Council. Likewise, the City Council may amend the Zoning Regulation or the Zoning District Boundary Map upon its own motion, provided, however, that such proposed amendments shall first be submitted to the Planning Commission for recommendation and report.

All applications or requests for amendments, revisions or changes to the zoning Regulations of Zoning District Boundary Map shall be filed with the City Clerk on such forms as provided in conformance therewith. All such proposed amendments first shall be submitted to the Planning Commission for recommendation. Upon receipt of an application for rezoning or for a special use permit by the owner or the owner's agent of a particular tract of land the payment of the appropriate fee, as established by the City council, the City Clerk shall note thereon the date of filing and make a permanent record thereof. Recommendations for amendments, revisions or changes to the Zoning Regulations or Zoning District Boundary Map by the City Planning Commission or the City Council, the City Clerk shall note thereon the date of filing and make a permanent record thereof. No filing fees shall be assessed for recommendations for amendment, revision or change by the Tonganoxie City Planning Commission or the City Council

All such proposed amendments first shall be submitted to the Planning Commission for recommendation. All such applications shall be set for hearing before the Planning Commission not later than sixty (60) days after receipt of a fully completed application if by an owner or the owner's agent of a particular tract of land.

The Planning Commission shall hold a public hearing thereon, and shall cause an accurate written summary to be made of the proceedings.(Ordinance #967 11/9/99) Notice of such hearing shall be published not less than twenty (20) days prior to the date of said hearing in the official city newspaper of the City of Tonganoxie, Kansas. In addition to the publication notice, written notice of the proposed amendment shall be mailed at least twenty (20) days before the hearing to all owners of record of land located within at least two hundred (200) feet of the area proposed to be altered. Such notice shall fix the time and place for the hearing and contain a statement regarding the proposed changes and regulations or restrictions or in the boundary of any classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affect specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration. All notices shall include a statement that a complete legal description is available for public inspection and shall indicate that such information is available at the office of the City Clerk. 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 shall be deemed 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 that is more restrictive than that set forth in the notice. A recommendation of a zoning classification that is more restrictive than that set forth in the notice shall not be valid without republication and, where necessary, another mailing, unless the Planning Commission has previously established a table or publication available to the public which designates what zoning classification or more restrictive changes are authorized.

The applicant shall provide a list of the owners of record of said properties within the two-hundred (200) feet of the area proposed to be altered at the time of the filing of the application. If the property for alteration is located adjacent to the City limits, the area of notification shall be extended to one-thousand (1,000) feet in the unincorporated area. The applicant shall furnish proof that he or she is the owner of record, or the owner's agent. The list of owners may be obtained from Leavenworth County, or a certified list shall be provided by a licensed abstractor/title company. (Amended by Ordinance # 1186 5/23/05)

At any public hearing held to consider a proposed rezoning, an opportunity shall be granted to interested parties to be heard.

Any amendment, if in accordance with the City of Tonganoxie Land Use Plan or the Land Use Element of the City of Tonganoxie Comprehensive Plan, shall be presumed to be reasonable. The following matters shall be considered when approving or disapproving a rezoning request:

Whenever an application is requesting an amendment, supplement, change or rezoning and has been denied by the City Council, such application shall not be reconsidered sooner than six (6) months after the previous denial.

An application for an amendment shall be accompanied by: