12-757.Same;
zoning; downzoning or
rezoning, amendments and revisions; procedure;
notice and hearing; protest petition; signs to notify of proposed
rezoning.
(a) The governing body, from time to time, may supplement, change or generally
revise the boundaries or regulations contained in zoning regulations by
amendment. A proposal for such amendment may be initiated by the governing
body or the planning commission. If such proposed amendment is not a general
revision of the existing regulations and affects specific property, the
amendment 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 use
element of a comprehensive plan, shall be presumed to be reasonable. The
governing body shall establish in its zoning regulations the matters to be
considered when approving or disapproving a rezoning request. The governing
body may establish reasonable fees to be paid in advance by the owner of any
property at the time of making application for a zoning amendment.
(b) All such proposed amendments first shall be submitted to the planning
commission for recommendation. The planning commission shall hold a public
hearing thereon, shall cause an accurate written summary to be made of the
proceedings, and shall give notice in like manner as that required for
recommendations on the original proposed zoning regulations provided in K.S.A.
12-756, and amendments thereto. Such notice shall fix the time
and place for such
hearing and
contain
a statement regarding the proposed changes in regulations or restrictions or in
the boundary or classification of any zone or district. If such proposed
amendment is not a general revision of the existing regulations and affects
specific property, the property shall be designated by legal description or a
general description sufficient to identify the property under consideration.
In addition to such publication notice, written notice of such proposed
amendment shall be mailed at least 20 days before the hearing to all owners of
record of real property within the area to be altered and to all
owners of record of real property located within at least 200 feet of the
area
proposed to be
altered for regulations of a city and to all owners of record of
real property located
within at least 1,000 feet of the area proposed to be altered for regulations
of a county. If a city proposes a zoning amendment to property located adjacent
to or outside the city's limits, the area of notification of the city's action
shall be extended to at least 1,000 feet in the unincorporated area. Notice of
a county's action shall extend 200 feet in those areas where the notification
area extends within the corporate limits of a city. All notices shall include a
statement that a complete legal description is available for public inspection
and shall indicate where such information is available. 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 is 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 of lesser change
than that set forth in the notice. A recommendation of a zoning classification
of lesser change than that set forth in the notice shall not be valid without
republication and, where necessary, remailing, unless the planning commission
has previously established a table or publication available to the public which
designates what zoning classifications are lesser changes authorized within the
published zoning classifications. At any public hearing held to consider a
proposed rezoning, an opportunity shall be granted to interested parties to be
heard.
(c) (1) Whenever five or more property owners of record owning 10 or more
contiguous or noncontiguous lots, tracts or parcels of the same zoning
classification initiate a rezoning of their property from a less restrictive to
a more restrictive zoning classification, such amendment shall require notice
by publication and hearing in like manner as required in subsection (b) of this
section. Such zoning amendment shall not require written notice and shall not
be subject to the protest petition provision of subsection (f) of this section.
(2) Whenever a city or county initiates a rezoning from a less restrictive
to a more restrictive zoning classification of 10 or more contiguous or
noncontiguous lots, tracts or parcels of the same zoning classification having
five or more owners of record, such amendment shall require notice by
publication and hearing in like manner as that required by subsection (b) of
this section. In addition, written notice shall be required to be mailed
to only owners of record of the properties to be rezoned and only such owners
shall be eligible to initiate a protest petition under subsection (f) of this
section.
(d) Except as provided in subsection (g) and unless otherwise provided
by this act, the procedure for the
consideration and adoption of any such proposed amendment shall be in the
same manner as that required for the consideration and adoption of the
original zoning regulations. A majority of the members of the planning
commission present and voting at the hearing 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, the planning
commission shall be deemed to have made a recommendation of disapproval. When
the planning commission submits a recommendation of approval or disapproval of
such amendment and the reasons therefor, the governing body may: (1) Adopt such
recommendation 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 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. 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 therefor or submit new and amended recommendation. Upon the receipt of
such recommendation, the governing body, by a simple majority thereof, may
adopt or may revise or amend and adopt such recommendation by the respective
ordinance or resolution, or it need take no further action thereon. 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. The proposed rezoning shall
become effective upon publication of the respective adopting ordinance or
resolution.
(e) If such amendment affects the boundaries of any zone or
district, the
respective ordinance or resolution shall describe the boundaries as amended, or
if provision is made for the fixing of the same upon an official map which has
been incorporated by reference, the amending ordinance or resolution shall
define the change or the boundary as amended, shall order the official map to
be changed to reflect such amendment, shall amend the section of the ordinance
or resolution incorporating the same and shall reincorporate such map as
amended.
(f) (1) Except as provided in subsection (g), 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 or the county 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% or more of any real property
proposed to be rezoned or by the owners of record of 20% or more of the total
real property within the
area required to be notified by this act of the proposed rezoning of a specific
property, excluding streets and public ways and property excluded pursuant
to paragraph (2) of this subsection, the ordinance or resolution
adopting such amendment shall not be passed except by at least a 3/4 vote of
all 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 property
subject to the rezoning or the owner of the specific property subject to the
rezoning does not oppose in writing such rezoning,
such property also shall be excluded when calculating the "total real
property within the area required to be notified" as that phrase is used in
paragraph (1) of this subsection.
(g) An ordinance or resolution adopting a zoning amendment for mining
operations subject to K.S.A. 49-601 et seq., and amendments thereto, regardless
of a protest petition or failure to recommend by the planning commission shall
only require a majority vote of all members of the governing body.
(h) Zoning regulations may provide additional notice by
providing for the
posting of signs on land which is the subject of a proposed rezoning, for the
purpose 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.
12-757.Same;
zoning; downzoning or
rezoning, amendments and revisions; procedure;
notice and hearing; protest petition; signs to notify of proposed
rezoning.
(a) The governing body, from time to time, may supplement, change or generally
revise the boundaries or regulations contained in zoning regulations by
amendment. A proposal for such amendment may be initiated by the governing
body or the planning commission. If such proposed amendment is not a general
revision of the existing regulations and affects specific property, the
amendment 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 use
element of a comprehensive plan, shall be presumed to be reasonable. The
governing body shall establish in its zoning regulations the matters to be
considered when approving or disapproving a rezoning request. The governing
body may establish reasonable fees to be paid in advance by the owner of any
property at the time of making application for a zoning amendment.
(b) All such proposed amendments first shall be submitted to the planning
commission for recommendation. The planning commission shall hold a public
hearing thereon, shall cause an accurate written summary to be made of the
proceedings, and shall give notice in like manner as that required for
recommendations on the original proposed zoning regulations provided in K.S.A.
12-756, and amendments thereto. Such notice shall fix the time
and place for such
hearing and
contain
a statement regarding the proposed changes in regulations or restrictions or in
the boundary or classification of any zone or district. If such proposed
amendment is not a general revision of the existing regulations and affects
specific property, the property shall be designated by legal description or a
general description sufficient to identify the property under consideration.
In addition to such publication notice, written notice of such proposed
amendment shall be mailed at least 20 days before the hearing to all owners of
record of real property within the area to be altered and to all
owners of record of real property located within at least 200 feet of the
area
proposed to be
altered for regulations of a city and to all owners of record of
real property located
within at least 1,000 feet of the area proposed to be altered for regulations
of a county. If a city proposes a zoning amendment to property located adjacent
to or outside the city's limits, the area of notification of the city's action
shall be extended to at least 1,000 feet in the unincorporated area. Notice of
a county's action shall extend 200 feet in those areas where the notification
area extends within the corporate limits of a city. All notices shall include a
statement that a complete legal description is available for public inspection
and shall indicate where such information is available. 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 is 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 of lesser change
than that set forth in the notice. A recommendation of a zoning classification
of lesser change than that set forth in the notice shall not be valid without
republication and, where necessary, remailing, unless the planning commission
has previously established a table or publication available to the public which
designates what zoning classifications are lesser changes authorized within the
published zoning classifications. At any public hearing held to consider a
proposed rezoning, an opportunity shall be granted to interested parties to be
heard.
(c) (1) Whenever five or more property owners of record owning 10 or more
contiguous or noncontiguous lots, tracts or parcels of the same zoning
classification initiate a rezoning of their property from a less restrictive to
a more restrictive zoning classification, such amendment shall require notice
by publication and hearing in like manner as required in subsection (b) of this
section. Such zoning amendment shall not require written notice and shall not
be subject to the protest petition provision of subsection (f) of this section.
(2) Whenever a city or county initiates a rezoning from a less restrictive
to a more restrictive zoning classification of 10 or more contiguous or
noncontiguous lots, tracts or parcels of the same zoning classification having
five or more owners of record, such amendment shall require notice by
publication and hearing in like manner as that required by subsection (b) of
this section. In addition, written notice shall be required to be mailed
to only owners of record of the properties to be rezoned and only such owners
shall be eligible to initiate a protest petition under subsection (f) of this
section.
(d) Except as provided in subsection (g) and unless otherwise provided
by this act, the procedure for the
consideration and adoption of any such proposed amendment shall be in the
same manner as that required for the consideration and adoption of the
original zoning regulations. A majority of the members of the planning
commission present and voting at the hearing 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, the planning
commission shall be deemed to have made a recommendation of disapproval. When
the planning commission submits a recommendation of approval or disapproval of
such amendment and the reasons therefor, the governing body may: (1) Adopt such
recommendation 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 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. 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 therefor or submit new and amended recommendation. Upon the receipt of
such recommendation, the governing body, by a simple majority thereof, may
adopt or may revise or amend and adopt such recommendation by the respective
ordinance or resolution, or it need take no further action thereon. 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. The proposed rezoning shall
become effective upon publication of the respective adopting ordinance or
resolution.
(e) If such amendment affects the boundaries of any zone or
district, the
respective ordinance or resolution shall describe the boundaries as amended, or
if provision is made for the fixing of the same upon an official map which has
been incorporated by reference, the amending ordinance or resolution shall
define the change or the boundary as amended, shall order the official map to
be changed to reflect such amendment, shall amend the section of the ordinance
or resolution incorporating the same and shall reincorporate such map as
amended.
(f) (1) Except as provided in subsection (g), 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 or the county 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% or more of any real property
proposed to be rezoned or by the owners of record of 20% or more of the total
real property within the
area required to be notified by this act of the proposed rezoning of a specific
property, excluding streets and public ways and property excluded pursuant
to paragraph (2) of this subsection, the ordinance or resolution
adopting such amendment shall not be passed except by at least a 3/4 vote of
all 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 property
subject to the rezoning or the owner of the specific property subject to the
rezoning does not oppose in writing such rezoning,
such property also shall be excluded when calculating the "total real
property within the area required to be notified" as that phrase is used in
paragraph (1) of this subsection.
(g) An ordinance or resolution adopting a zoning amendment for mining
operations subject to K.S.A. 49-601 et seq., and amendments thereto, regardless
of a protest petition or failure to recommend by the planning commission shall
only require a majority vote of all members of the governing body.
(h) Zoning regulations may provide additional notice by
providing for the
posting of signs on land which is the subject of a proposed rezoning, for the
purpose 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.
12-757.Same;
zoning; downzoning or
rezoning, amendments and revisions; procedure;
notice and hearing; protest petition; signs to notify of proposed
rezoning.
(a) The governing body, from time to time, may supplement, change or generally
revise the boundaries or regulations contained in zoning regulations by
amendment. A proposal for such amendment may be initiated by the governing
body or the planning commission. If such proposed amendment is not a general
revision of the existing regulations and affects specific property, the
amendment 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 use
element of a comprehensive plan, shall be presumed to be reasonable. The
governing body shall establish in its zoning regulations the matters to be
considered when approving or disapproving a rezoning request. The governing
body may establish reasonable fees to be paid in advance by the owner of any
property at the time of making application for a zoning amendment.
(b) All such proposed amendments first shall be submitted to the planning
commission for recommendation. The planning commission shall hold a public
hearing thereon, shall cause an accurate written summary to be made of the
proceedings, and shall give notice in like manner as that required for
recommendations on the original proposed zoning regulations provided in K.S.A.
12-756, and amendments thereto. Such notice shall fix the time
and place for such
hearing and
contain
a statement regarding the proposed changes in regulations or restrictions or in
the boundary or classification of any zone or district. If such proposed
amendment is not a general revision of the existing regulations and affects
specific property, the property shall be designated by legal description or a
general description sufficient to identify the property under consideration.
In addition to such publication notice, written notice of such proposed
amendment shall be mailed at least 20 days before the hearing to all owners of
record of real property within the area to be altered and to all
owners of record of real property located within at least 200 feet of the
area
proposed to be
altered for regulations of a city and to all owners of record of
real property located
within at least 1,000 feet of the area proposed to be altered for regulations
of a county. If a city proposes a zoning amendment to property located adjacent
to or outside the city's limits, the area of notification of the city's action
shall be extended to at least 1,000 feet in the unincorporated area. Notice of
a county's action shall extend 200 feet in those areas where the notification
area extends within the corporate limits of a city. All notices shall include a
statement that a complete legal description is available for public inspection
and shall indicate where such information is available. 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 is 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 of lesser change
than that set forth in the notice. A recommendation of a zoning classification
of lesser change than that set forth in the notice shall not be valid without
republication and, where necessary, remailing, unless the planning commission
has previously established a table or publication available to the public which
designates what zoning classifications are lesser changes authorized within the
published zoning classifications. At any public hearing held to consider a
proposed rezoning, an opportunity shall be granted to interested parties to be
heard.
(c) (1) Whenever five or more property owners of record owning 10 or more
contiguous or noncontiguous lots, tracts or parcels of the same zoning
classification initiate a rezoning of their property from a less restrictive to
a more restrictive zoning classification, such amendment shall require notice
by publication and hearing in like manner as required in subsection (b) of this
section. Such zoning amendment shall not require written notice and shall not
be subject to the protest petition provision of subsection (f) of this section.
(2) Whenever a city or county initiates a rezoning from a less restrictive
to a more restrictive zoning classification of 10 or more contiguous or
noncontiguous lots, tracts or parcels of the same zoning classification having
five or more owners of record, such amendment shall require notice by
publication and hearing in like manner as that required by subsection (b) of
this section. In addition, written notice shall be required to be mailed
to only owners of record of the properties to be rezoned and only such owners
shall be eligible to initiate a protest petition under subsection (f) of this
section.
(d) Except as provided in subsection (g) and unless otherwise provided
by this act, the procedure for the
consideration and adoption of any such proposed amendment shall be in the
same manner as that required for the consideration and adoption of the
original zoning regulations. A majority of the members of the planning
commission present and voting at the hearing 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, the planning
commission shall be deemed to have made a recommendation of disapproval. When
the planning commission submits a recommendation of approval or disapproval of
such amendment and the reasons therefor, the governing body may: (1) Adopt such
recommendation 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 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. 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 therefor or submit new and amended recommendation. Upon the receipt of
such recommendation, the governing body, by a simple majority thereof, may
adopt or may revise or amend and adopt such recommendation by the respective
ordinance or resolution, or it need take no further action thereon. 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. The proposed rezoning shall
become effective upon publication of the respective adopting ordinance or
resolution.
(e) If such amendment affects the boundaries of any zone or
district, the
respective ordinance or resolution shall describe the boundaries as amended, or
if provision is made for the fixing of the same upon an official map which has
been incorporated by reference, the amending ordinance or resolution shall
define the change or the boundary as amended, shall order the official map to
be changed to reflect such amendment, shall amend the section of the ordinance
or resolution incorporating the same and shall reincorporate such map as
amended.
(f) (1) Except as provided in subsection (g), 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 or the county 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% or more of any real property
proposed to be rezoned or by the owners of record of 20% or more of the total
real property within the
area required to be notified by this act of the proposed rezoning of a specific
property, excluding streets and public ways and property excluded pursuant
to paragraph (2) of this subsection, the ordinance or resolution
adopting such amendment shall not be passed except by at least a 3/4 vote of
all 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 property
subject to the rezoning or the owner of the specific property subject to the
rezoning does not oppose in writing such rezoning,
such property also shall be excluded when calculating the "total real
property within the area required to be notified" as that phrase is used in
paragraph (1) of this subsection.
(g) An ordinance or resolution adopting a zoning amendment for mining
operations subject to K.S.A. 49-601 et seq., and amendments thereto, regardless
of a protest petition or failure to recommend by the planning commission shall
only require a majority vote of all members of the governing body.
(h) Zoning regulations may provide additional notice by
providing for the
posting of signs on land which is the subject of a proposed rezoning, for the
purpose 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.