CHAPTER 75 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.

Approved April 6, 2000.
 Published in the Kansas Register April 20, 2000.
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