The Governing Body may, from time-to-time, amend, supplement, or change the district boundaries or regulations contained in these Zoning Ordinances. A proposal for an amendment or a change in zoning may be initiated by the Governing Body or by the Planning Commission/Board of Zoning Appeals (PC/BZA), or upon application of the owner of the property affected. All such proposed changes shall first be submitted to the Planning Commission for Public Hearing, recommendation, and report. The PC/BZA shall hold a public hearing thereon and shall cause an accurate, written summary to be made of the proceedings.

A.    Applications for Zoning Amendments (sometimes referred to as “rezoning”) shall be made on forms provided by the City of Garden Plain and shall be filed with the Zoning Administrator. The application shall be in such form and contain such information as shall be prescribed from time-to-time by the PC/BZA and/or the Governing Body, and shall include the following information:

i.     Applicant’s name, address, phone number, and email.

ii.    Owner’s name, address, phone number, and email (if different than applicant).

iii.   If affecting a change in the Zoning Map:

a)    The legal description(s) of the property(ies) proposed to be rezoned.

b)    The present zoning classification and existing uses of the property to be rezoned.

c)    The general area of the property proposed to be rezoned (and specific address of the property, if available).

d)    An ownership list certified by a registered abstractor or title company, which will include the names and addresses of all owners of record of any property located within 200’ of the outer limits of the property line for properties located within the City limit; and 1,000’ for any area of the property that abuts or touches property within the County.

For the purpose of wholly or partially defraying the costs of the proceedings prescribed herein, including publication costs, the applicant, upon the filing of the application, shall pay to the City Clerk a fee in an amount as required by a schedule of fees determined by the Governing Body. Promptly upon the filing of any such application, the Zoning Administrator and/or in their absence the City Clerk, shall refer the application to the PC/BZA for review and recommendation.

The PC/BZA shall hold a public hearing on the proposed zoning amendment, with twenty (20) days’ notice of the date, time, and place of the public hearing; it will be published in the official City newspaper stating the date, time, and location of the hearing and shall describe the proposal in general terms. If the proposed zoning amendment will change the zoning classification of any property, or the boundaries of any zoning district, such notice shall contain the legal description and street address or general location of such property, it’s present zoning classification and the proposed new zoning classification. In such case, the Zoning Administrator, on behalf of the Planning Commission/Board of Zoning Appeals, shall mail a written notice of the public hearing, containing the same information as the published notice, to the owner(s) of all property within 200 feet of the boundaries of the property, at least seven (7) days prior to the date of the hearing. Such notice is sufficient to permit the Planning Commission/Board of Zoning Appeals to recommend amendments to zoning ordinances 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 or lesser change than that set forth in the notice. The Planning Commission/Board of Zoning Appeals may give such additional notice to other persons as it may from time to time provided by their request and/or their rules.

The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the PC/BZA may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person by agent or by attorney or may submit comments in writing to the Zoning Administrator to be included in the agenda packet along with the application. The PC/BZA may request a report on any proposed amendment from any governmental official or agency, or any other person, firm, or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested person in the offices of the Zoning Administrator.

Within sixty (60) days, but no sooner than 14 days, after the close of a public hearing on a proposed amendment, the PC/BZA shall submit a report to the Governing Body. A copy of the report shall be filed with the City Clerk and such copies shall be kept available for public inspection. A vote either for or against an amendment by a majority of all of the PC/BZA members present constitutes a recommendation of the Planning Commission/Board of Zoning Appeals. A vote either for or against an amendment by less than a majority of all of the PC/BZA members present constitutes a "failure to recommend." Such report shall contain findings based upon the evidence presented and a recommendation as to whether the proposed amendment should be adopted. The report submitted to the Governing Body shall be accompanied by a copy of the record of the hearing on the proposed amendment.

When a proposed amendment would result in a change in the text of these Regulations, but would not result in a change of zoning classification of any specific property, the report of the PC/BZA shall contain a statement as to the effect of such proposed amendment and findings based on the following criteria:

A.    Whether such change is consistent with the interest and purpose of these Regulations.

B.    The areas which are most likely to be directly affected by such change and in what way they will be affected.

C.    Whether the proposed amendment is made necessary because of changed or changing conditions in the areas (i.e., changes to the flood plain/floodway, etc.) and zoning districts affected, and, if so, the nature of such changes or changing conditions.

When a proposed amendment would result in a change of the zoning classification of any specific property, the report of the PC/BZA shall contain statements as to the present classification, the classification under the proposed amendment, the character of the neighborhood, the zoning and land uses of the properties nearby and findings to the following:

A.    Whether the change in classification would be consistent with the intent and purpose of these Regulations, with the City's adopted Comprehensive Plan, and other adopted City policies, programs, ordinances, rules, and regulations.

B.    Whether every use that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the immediate vicinity; and whether the subject property is suitable for the uses to which it has been restricted.

C.    Whether adequate sewer and water facilities, and all other needed public services, exist or can be provided to serve the uses that would be permitted on the property if it were reclassified.

D.    Whether the proposed amendment would correct an error in the application of these Regulations.

E.    Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions; and whether the proposed amendment provides a disproportionately great loss to the individual landowners relative to the public gain.

A.    Receipt of Planning Commission/Board of Zoning Appeals Report and Recommendation. The Governing Body shall act only after the Planning Commission/Board of Zoning Appeals has submitted either a recommendation of approval or disapproval, or a "failure to recommend."

B.    Consideration of the Planning Commission/Board of Zoning Appeals Recommendation. The Governing Body shall consider the PC/BZA recommendation at the next regularly scheduled Governing Body meeting for which the agenda item can be docketed, except that no recommendation on a zoning district amendment shall be considered by the Governing Body until fourteen (14) days after the close of the Planning Commission public hearing on such amendment, per K.S.A.

C.    Action by Governing Body. The Governing Body may:

i.     Receive the recommendation of the Planning Commission/Board of Zoning Appeals and adopt such recommendation by Ordinance; or

ii.    Receive the recommendation of the Planning Commission/Board of Zoning Appeals and disapprove their recommendation, returning such recommendation back to the Planning Commission/Board of Zoning Appeals to re-review the application. This re-review must be accompanied by a statement of facts and findings by the Governing Body that certain development or legal factors were not considered, or the legal process for notification was not followed, or some such legal concern regarding the Planning Commission/Board of Zoning Appeals recommendation. Dislike of the project, neighbor complaints, etc. do not qualify as a reason to deny the request or return the requested amendment to the Planning Commission/Board of Zoning Appeals. Such reasoning for returning the recommendation must be a written statement from the Governing Body specifying the basis for disapproval, and such request shall be reconsidered by the Planning Commission/Board of Zoning Appeals at their next regularly scheduled meeting. Such recommendation and reconsideration shall not require additional public notice.

Within ten (10) days after receipt at a Planning Commission meeting of the Governing Body's statement specifying disapproval, the Planning Commission/Board of Zoning Appeals shall reconsider such recommendation and resubmit its original recommendation giving the reasons therefore or submit new and amended recommendation(s).

A.    Reconsideration by the Governing Body. The Governing Body, upon receipt of amended or new recommendation(s), may adopt or may revise or amend and adopt such recommendation by Ordinance, or it need take no action thereon.

B.    If the Planning Commission/Board of Zoning Appeals fails to deliver its recommendations to the Governing Body within ten (10) days after receipt of the Governing Body's statement specifying disapproval and a request for reconsideration, the Governing Body shall consider such course of inaction on the part of the Planning Commission/Board of Zoning Appeals as a resubmission of the original recommendation and proceed accordingly.

C.    Inaction by Governing Body.  If a proposed amendment is considered by the Governing Body but not acted upon finally within 120 days of the date upon which the Planning Commission/Board of Zoning Appeals report and recommendation was considered, such proposed amendment shall be deemed to have been approved, unless the applicant for such amendment shall have consented to an extension of   such period in time or withdraws the request.

If a protest against the proposed zoning amendment is filed in the office of the City Clerk within fourteen (14) days, by 5 PM of the 14th day after the date of the conclusion of the Planning Commission/Board of Zoning Appeals public hearing pursuant to said publication notice, duly signed and acknowledged by the owners of twenty percent (20%) or more of any real property proposed to be rezoned or by the owners of twenty percent (20%) of the total area, excepting public street and ways, located within or without the corporate limits of the City and located within two hundred (200) feet of the boundaries of the property proposed to be rezoned, then such amendment shall not be passed except by at least 3/4 vote of all the members of the Governing Body. Only property owners within 200 feet of the property proposed for rezoning are eligible to be counted as part of the 20% petition.

A.    Existing Permits. This Ordinance is not intended to abrogate or annul any building permit, certificate of occupancy, variance, or special permit lawfully issued before the effective date of this ordinance, except as follows:

i.     If the applicable regulations of this ordinance or any amendments to the ordinance after issuance of a building permit, granting of a variance or issuance of a special permit make the proposed use under such building permit, variance or special permit nonconforming as to the Use and Bulk Regulations, and no substantial construction or substantial operations for nonbuilding uses have been undertaken on the structure or foundation, or conducted for the nonbuilding uses, within one hundred twenty (120) days after the effective date of the adoption of this ordinance and any amendments thereto, the building permit, special permit, or variance shall be invalid. If substantial construction or substantial operations have taken place and are continuing at the time, the proposed use may be completed.

ii.    Nothing herein shall prevent any holder of a variance from applying to the Planning Commission/Board of Zoning Appeals for a variance, where appropriate under the currently existing law and facts.