12-757.   Same;zoning; downzoning orrezoning, amendments and revisions; procedure;notice and hearing; protest petition; signs to notify of proposedrezoning.(a) The governing body, from time to time, may supplement, change or generallyrevise the boundaries or regulations contained in zoning regulations byamendment. A proposal for such amendment may be initiated by the governingbody or the planning commission. If such proposed amendment is not a generalrevision of the existing regulations and affects specific property, theamendment may be initiated by application of the owner of property affected. Any such amendment, if in accordance with the land use plan or the land useelement of a comprehensive plan, shall be presumed to be reasonable. Thegoverning body shall establish in its zoning regulations the matters to beconsidered when approving or disapproving a rezoning request. The governingbody may establish reasonable fees to be paid in advance by the owner of anyproperty at the time of making application for a zoning amendment.

      (b)   All such proposed amendments first shall be submitted to the planningcommission for recommendation. The planning commission shall hold a publichearing thereon, shall cause an accurate written summary to be made of theproceedings, and shall give notice in like manner as that required forrecommendations on the original proposed zoning regulations provided in K.S.A.12-756, and amendments thereto. Such notice shall fix the timeand place for suchhearing andcontaina statement regarding the proposed changes in regulations or restrictions or inthe boundary or classification of any zone or district. If such proposedamendment is not a general revision of the existing regulations and affectsspecific property, the property shall be designated by legal description or ageneral description sufficient to identify the property under consideration.In addition to such publication notice, written notice of such proposedamendment shall be mailed at least 20 days before the hearing to all owners ofrecord of real property within the area to be altered and to allowners of record of real property located within at least 200 feet of theareaproposed to bealtered for regulations of a city and to all owners of record ofreal property locatedwithin at least 1,000 feet of the area proposed to be altered for regulationsof a county. If a city proposes a zoning amendment to property located adjacentto or outside the city's limits, the area of notification of the city's actionshall be extended to at least 1,000 feet in the unincorporated area. Notice ofa county's action shall extend 200 feet in those areas where the notificationarea extends within the corporate limits of a city. All notices shall include astatement that a complete legal description is available for public inspectionand shall indicate where such information is available. When the notice hasbeen properly addressed and deposited in the mail, failure of a party toreceive such notice shall not invalidate any subsequent action taken by theplanning commission or the governing body. Such notice is sufficient to permitthe planning commission to recommend amendments to zoning regulations whichaffect only a portion of the land described in the notice or which give all orany part of the land described a zoning classification of lesser changethan that set forth in the notice. A recommendation of a zoning classificationof lesser change than that set forth in the notice shall not be valid withoutrepublication and, where necessary, remailing, unless the planning commissionhas previously established a table or publication available to the public whichdesignates what zoning classifications are lesser changes authorized within thepublished zoning classifications. At any public hearing held to consider aproposed rezoning, an opportunity shall be granted to interested parties to beheard.

      (c) (1)   Whenever five or more property owners of record owning 10 or morecontiguous or noncontiguous lots, tracts or parcels of the same zoningclassification initiate a rezoning of their property from a less restrictive toa more restrictive zoning classification, such amendment shall require noticeby publication and hearing in like manner as required in subsection (b) of thissection. Such zoning amendment shall not require written notice and shall notbe subject to the protest petition provision of subsection (f) of this section.

      (2)   Whenever a city or county initiates a rezoning from a less restrictiveto a more restrictive zoning classification of 10 or more contiguous ornoncontiguous lots, tracts or parcels of the same zoning classification havingfive or more owners of record, such amendment shall require notice bypublication and hearing in like manner as that required by subsection (b) ofthis section. In addition, written notice shall be required to be mailedto only owners of record of the properties to be rezoned and only such ownersshall be eligible to initiate a protest petition under subsection (f) of thissection.

      (d)   Except as provided in subsection (g) and unless otherwise providedby this act, the procedure for theconsideration and adoption of any such proposed amendment shall be in thesame manner as that required for the consideration and adoption of theoriginal zoning regulations. A majority of the members of the planningcommission present and voting at the hearing shall be required to recommendapproval or denial of the amendment to the governing body. If the planningcommission fails to make a recommendation on a rezoning request, the planningcommission shall be deemed to have made a recommendation of disapproval. Whenthe planning commission submits a recommendation of approval or disapproval ofsuch amendment and the reasons therefor, the governing body may: (1) Adopt suchrecommendation by ordinance in a city or by resolution in a county; (2)override the planning commission's recommendation by a 2/3 majority vote of themembership of the governing body; or (3) return such recommendation to theplanning commission with a statement specifying the basis for the governingbody's failure to approve or disapprove. If the governing body returns theplanning commission's recommendation, the planning commission, afterconsidering the same, may resubmit its original recommendation giving thereasons therefor or submit new and amended recommendation. Upon the receipt ofsuch recommendation, the governing body, by a simple majority thereof, mayadopt or may revise or amend and adopt such recommendation by the respectiveordinance or resolution, or it need take no further action thereon. If theplanning commission fails to deliver its recommendation to the governing bodyfollowing the planning commission's next regular meeting after receipt of thegoverning body's report, the governing body shall consider such course ofinaction on the part of the planning commission as a resubmission of theoriginal recommendation and proceed accordingly. The proposed rezoning shallbecome effective upon publication of the respective adopting ordinance orresolution.

      (e)   If such amendment affects the boundaries of any zone ordistrict, therespective ordinance or resolution shall describe the boundaries as amended, orif provision is made for the fixing of the same upon an official map which hasbeen incorporated by reference, the amending ordinance or resolution shalldefine the change or the boundary as amended, shall order the official map tobe changed to reflect such amendment, shall amend the section of the ordinanceor resolution incorporating the same and shall reincorporate such map asamended.

      (f) (1)   Except as provided in subsection (g), whether or not theplanning commissionapproves ordisapproves a zoning amendment, if a protest petition against suchamendment isfiled in the office of the city clerk or the county clerk within 14 days afterthe date of the conclusion of the public hearing pursuant to the publicationnotice, signed by the owners of record of 20% or more of any real propertyproposed to be rezoned or by the owners of record of 20% or more of the totalreal property within thearea required to be notified by this act of the proposed rezoning of a specificproperty, excluding streets and public ways and property excluded pursuantto paragraph (2) of this subsection, the ordinance or resolutionadopting such amendment shall not be passed except by at least a 3/4 vote ofall of the members of the governing body.

      (2)   For the purpose of determining the sufficiency of a protest petition,if the proposed rezoning was requested by the owner of the specific propertysubject to the rezoning or the owner of the specific property subject to therezoning does not oppose in writing such rezoning,such property also shall be excluded when calculating the "total realproperty within the area required to be notified" as that phrase is used inparagraph (1) of this subsection.

      (g)   An ordinance or resolution adopting a zoning amendment for miningoperations subject to K.S.A. 49-601 et seq., and amendments thereto, regardlessof a protest petition or failure to recommend by the planning commission shallonly require a majority vote of all members of the governing body.

      (h)   Zoning regulations may provide additional notice byproviding for theposting of signs on land which is the subject of a proposed rezoning, for thepurpose of providing notice of such proposed rezoning.

      History:   L. 1991, ch. 56, § 17;L. 1995, ch. 211, § 1;L. 1995, ch. 249, § 1;L. 2000, ch. 75, § 1;L. 2009, ch. 79, § 1; July 1.