21-1.01 The Governing Body may, from time to time, amend, supplement, or change, by ordinance, the boundaries of the districts or the regulations herein established. The ordinance shall become effective upon publication thereof in the official City paper.

21-1.02 A proposal for an amendment or change in zoning may be initiated by the Governing Body, the Planning Commission, and if the proposed amendment is not a general revision of the existing regulations and affects specific property, upon application of the owner of the property affected or a duly authorized agent.

21-1.03 An application for an amendment or change in zoning initiated by a property owner shall be made to the Planning Commission upon appropriate forms available from the Zoning Administrator. Such application shall be made at least 35 days prior to a regularly scheduled Planning Commission meeting, unless the submission deadlines adopted by the Planning Commission contain different time periods.

21-1.04 All proposed amendments to the zoning regulations or zoning changes shall first be submitted to the Planning Commission for recommendation and report, and no amendment or change shall be made without a public hearing before the Planning Commission.

21-2.01 A fee, in the amount set by the Governing Body, shall accompany an application for rezoning. The amount of such fee shall also reimburse the City for the cost of publication notice, for which the City agrees to take responsibility.

21-2.02 No fee shall be required if the zoning change is requested by the Planning Commission or the Governing Body. No fee shall be required if the Planning Commission or Governing Body instigates an amendment to the zoning regulations that will not affect specific property.

21.3.01 For all uses except single-household structures and two-household structures, a conceptual plan must be submitted with any application for rezoning which is filed by any property owner. A conceptual plan must be submitted for any zoning permit for a nonresidential building or multi-household dwelling unit unless a conceptual plan for the same property has already been filed as a part of rezoning. The scale of the conceptual plan is optional but shall not be smaller than 200 feet to one inch. The application must include ten copies of a conceptual plan that includes:

1.     A composite site development plan showing the major details of the proposed development consisting of the following: conceptual drainage plans; approximate location of buildings; structures, and off-street parking areas; off-street loading areas; means of ingress and egress; conceptual landscaping or screening proposals; location and the conceptual design of signs; open space areas and pedestrian areas.

2.     The proposed name of the development and the names of abutting developments and landowners.

3.     The names and addresses of the owner and/or registered engineer, architect, surveyor, or landscape architect responsible for the engineering, survey, and design.

4.     The location of boundary lines and their relation to established section lines or fractional section lines, township, and range lines.

5.     The approximate location and width of existing and proposed streets, roads, lots (approximate dimensions), building lines, utility easements, drainage easements, parks and other open spaces, other similar features, and proposed improvement of perimeter streets.

6.     The Planning Commission, in its discretion, may require a survey showing the physical features of the property, including contours at vertical intervals of not more than five feet where the slope is greater than ten percent and not more than two feet where the slope is less than ten percent (ten-foot intervals for non-residential uses). Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plan.

7.     All parcels of land proposed to be dedicated to public use and the conditions of such dedication, if any.

8.     Date, north point, and scale.

9.     Designation of proposed uses of land within the development, whether for residential, commercial, industrial, or public use, such as parks, churches, etc., including the density of proposed residential use and the character of proposed commercial, industrial, and other use.

10.   An attached statement from the appropriate local official and/or the Kansas Department of Health and Environment that the proposed development is to be adequately served by sanitary sewer facilities.

11.   An attached statement from the appropriate local official and/or any affected water districts and/or the Kansas Department of Health and Environment that the proposed development is to be served by an adequate water supply and an adequate water distribution system.

12.   This plan, when approved by the Planning Commission and the Governing Body as part of a rezoning, shall he binding upon the land. Prior to issuing a zoning permit for each phase or all of the development, the Zoning Administrator shall review the approved conceptual plan. If the property is not to be developed as indicated by the plan, or any approved amendments thereto, the Zoning Administrator shall refuse to issue any zoning permits. The applicant, in case of denial of a zoning permit, may appeal the Zoning Administrator’s action to the Board of Zoning Appeals as provided by these regulations.

21-4.01 Immediately upon receipt of such rezoning application, the Zoning Administrator shall note thereon the date filing, and make a permanent record thereof.

21-4.02 The Zoning Administrator shall have the authority to certify a rezoning application as complete or incomplete. If a rezoning application is certified as complete, then the Zoning Administrator shall place said application on the Planning Commission’s agenda for consideration. If a rezoning application is certified as incomplete, then the Zoning Administrator shall return the application to the applicant with a written explanation of his determination. The applicant may reapply and pay another filing fee, or may appeal the Zoning Administrator’s determination to the Board of Zoning Appeals as provided for in Section 22-1 et seq. of these zoning regulations.

21-5.01 All proposed changes shall first be submitted to the Planning Commission for recommendation and report, and no amendment or change shall be made without a hearing before the Planning Commission. The Planning Commission shall cause an accurate written summary to be made of the proceedings.

21-5.02 Public notice of such hearing shall he published by the Zoning Administrator not less than 20 days prior to the date of said hearing in the official City newspaper. Said notice shall notify the public that such a hearing will take place; fix the time and place for the hearing; describe the nature of the application which will be presented; and state that the public may attend and be heard. When the proposed change is not a general revision of an existing zoning ordinance and will affect specific property, such property shall also be designated by legal description. Proof of publication of such notice shall be filed with the Planning Commission in advance of said hearing by the Zoning Administrator who is responsible for such publications.

21-5.03 In addition to the publication notice if the proposed amendment is not a general revision of an existing zoning ordinance and will affect specific property, the Zoning Administrator shall be responsible for mailing written notice of such proposed change within 20 days to all owners of property which is located within 200 feet in an incorporated area of the area affected. For the purpose of this section, notice shall extend 1,000 feet in those areas where the notification area extends in unincorporated areas. Such mailed notice shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing and that within 14 days after the conclusion of the public hearing property owners within the area of notification of the property proposed for change shall have the opportunity to submit a protest petition, in conformance with the law, to be filed in the Office of the City Clerk. Newspaper clippings of the publication notice shall not be used for the mailed notice. Further, the mailed notices shall be addressed to the owners of the land and not to mere occupants of the land. Prior to the public hearing, the Zoning Administrator must file with the Secretary of the Planning Commission the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons within the area of notification to whom notice was mailed. After the Zoning Administrator has complied in good faith with this section, failure to receive such notice shall not invalidate any subsequent action taken.

21-5.04 All such rezoning applications shall be set down for hearing not later than 60 days from the date of filing the same. Any such hearing may, for good cause, at the request of the applicant or in the discretion of the Planning Commission, be continued. At such hearing, the Planning Commission shall consider the appropriate issues contained in a staff report, including but not limited to the following factors:

1.     Character of the neighborhood;

2.     The zoning and uses of properties nearby including any changed conditions;

3.     The suitability of the subject property to its present and proposed use;

4.     The extent to which removal of the present zoning will detrimentally affect nearby property;

5.     The length of time the subject property has remained vacant as well as nearby vacant land;

6.     The relative gain to the public health, safety, and welfare by the destruction of the value of the nearby property as compared to the hardship imposed upon the individual landowner;

7.     The recommendations of permanent or professional staff;

8.     Change in district classification being consistent with the purposes of these regulations and the proposed district;

9.     Adequacy of streets and utilities; and

10.   Consistency with the adopted Comprehensive Plan.

21-5.05 At the public hearing, an opportunity shall be granted to interested parties to be heard.

21-5.06 Table of Lesser Change: The following Table of Lesser Change is for the use of the Planning Commission in determining when republication of an application for rezoning is required. This Table of Lesser Change designates what zoning classifications are lesser changes authorized within the published zoning classifications. The Table of Lesser Change lists zoning classifications in descending order from the least intense zoning district to the most intense zoning district. The Planning Commission may modify, at its discretion, an application for rezoning to a particular district by recommending a rezoning to a district of lesser intensity, as determined by the Table of Lesser Change.

21-6.01 Planning Board Actions: A majority of the members of the Planning Commission 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.

21-6.02 Governing Body Actions: Before acting upon any recommendation of the Planning Commission concerning a revision, modification, or amendment of these zoning regulations, the Governing Body shall set a time and place for a hearing thereon and notify the applicant, the Planning Commission and such other parties as the Governing Body shall deem appropriate.

21-6.03 Recommendation of Approval or Disapproval: When the Planning Commission submits a “recommendation of approval” or a “recommendation of disapproval” of such amendment and the reasons therefore, the Governing Body may adopt such recommendation by resolution, override the Planning Commission’s recommendation by a 2/3 majority vote of the membership of the Governing Body, or return such recommendation to the Planning Commission with a statement specifying the basis for the Governing Body’s failure to approve or disapprove.

21-6.04 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 therefore or submit a new and amended recommendation. Upon the receipt of such recommendation, the Governing Body, by a simple majority, may adopt or may revise or amend and adopt such recommendation by resolution, or it may take no further action thereon.

21-6.05 If the Planning Commission fails to deliver a 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.

21-6.06 Zoning Amendment to he Reflected on Zoning District Map: If the zoning amendment shall affect the boundaries of any zoning district, the amending ordinance of the City Council shall define the change or boundary as amended, and shall order the Zoning District Map to be changed to reflect the amendment and shall amend the section of the ordinance incorporating said map and shall reincorporate the map as amended.

21-6.07 Protest Petition: Regardless of whether the Planning Commission approves or disapproves a proposed zoning amendment, if within 14 days after the date of the conclusion of the Planning Commission’s hearing, a petition signed by the owners of 20 percent or more of any property proposed to be rezoned, or by owners of 20 percent or more of the total area required to be notified by this Section of the proposed rezoning of a specific property, excluding streets and public ways, is filed in the Office of the City Clerk, the amendment shall not be passed except by at least 3/4ths vote of the members of the Governing Body.

21-6.08 Conditions Attached to Rezoning: The Planning Commission may recommend and the Governing Body may adopt a zoning amendment with conditions attached.

21-6. 09 Time of Performance in Rezoning.

1.     In cases where the Planning Commission and Governing Body deem that time of development is a critical factor in protecting the public welfare in a rezoning action, a time of performance may be included in the rezoning ordinance. Such time allowed for performance shall be reasonable. Such time shall be not less than five years from the date of publication of the rezoning ordinance for all rezoning into districts in which single-household dwellings are allowed and not less than two years from the date of publication of the rezoning ordinance for all rezoning into districts in which single­ household dwellings are not allowed. Such ordinance shall clearly state what constitutes performance in each case.

2.     If, at the termination of such stipulated period of time performance as required has not occurred, the Planning Commission may, within reasonable time thereafter, publish notice and conduct a public hearing for purposes of determining whether or not a change in zoning to a more restrictive district would, at that time, be in the public interest. The owner of the property in question shall be notified by registered mail of the proposed hearing not less than 20 days prior to the date of the hearing. Other notification and posting as required in this section shall be performed by the City and all proceedings shall be the same as for other rezoning actions.

3.     It shall be the purpose of this hearing to hear the owner and other interested parties and make a determination as to which of the following actions would be recommended to the Governing Body:

a.     Extend the time of performance to a specified date;

b.    Remove the time of performance section from that rezoning ordinance;

c.     Rezone the land to another specific district.

4.     After the hearing the Planning Commission shall forward its recommendations to the Governing Body. The Governing Body will then act to approve or disapprove the recommended action, consistent with these regulations.

21-7.01 The application, conceptual plan, notice, public hearing, and action procedures set forth in this section shall be applicable to applications for conditional use permits.

21-7.02 Upon approval of a conditional use permit, the Zoning District Map shall be changed in the manner outlined in these regulations.

21-8.01 Whenever an application has been made under these regulations and the application has been denied by the Governing Body or withdrawn after it has been advertised for public hearing, such application, or one substantially similar shall not be reconsidered for the same property sooner than one year after the previous denial or from the date the application was withdrawn.

21-8.02 The Planning Commission may waive the limitation in this section for good cause if there is a substantial change in the original application. All requests for an exemption from this section shall be submitted to the Planning Commission 20 days prior to a regularly scheduled meeting of the Planning Commission and shall be included on the agenda for that meeting as an agenda item. If the Planning Commission determines that the application constitutes a substantial change from the original application the item will be advertised and public hearing will be held at the next regularly scheduled meeting of the Planning Commission.

21-9.01 The Planning Commission and the Governing Body may in the process of rezoning land, limit the use of the land to one specific use permitted in the district to which the land is rezoned.