Session of 2000
Effective: April 20, 2000
HOUSE BILL No. 2646
An Act concerning cities and counties; relating to planning
and zoning; amending
K.S.A. 1999 Supp. 12-757 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 12-757
is hereby amended to read as
follows: 12-757. (a) The governing body, from time to time, may
supple-
ment, 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
reg-
ulations 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 sum-
mary 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
state-
ment 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
consider-
ation. In addition to such publication notice, written notice of
such pro-
posed 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 pub-
lication available to the public which designates what zoning
classifica-
tions are lesser changes authorized within the published zoning
classifi-
cations. 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 re-
strictive 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 restric-
tive 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) Unless otherwise provided by this
act, the procedure for the con-
sideration 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
rec-
ommend 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
rec-
ommendation 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
recommen-
dation 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
com-
mission, after considering the same, may resubmit its original
recom-
mendation giving the reasons therefor or submit new and amended
rec-
ommendation. 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
resolu-
tion, 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) Regardless of
(1) Whether or not the planning commission ap-
proves 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 par-
agraph (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 peti-
tion, 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 para-
graph (1) of this subsection.
(g) 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.
Sec. 2. K.S.A. 1999 Supp. 12-757 is
hereby repealed.
Sec. 3. This act shall take effect
and be in force from and after its
publication in the Kansas register.