91-9485 Zoning RegulationsKinn -C- Printing — Sal—, Kansas
(Published in The Salina. Journal December 13, 1991)
ORDINANCE NUMBER 91-9485
AN ORDINANCE AMENDING SECTIONS 42-24, 42-25 AND 42-26 OF
THE SALINA CODE PERTAINING TO PUBLIC HEARING PROCEDURES, AND
REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 42-24 of the Salina Code is hereby
amended to read as follows:
"Section 42-24. Public Hearing.
(a) Generally. The planning commission shall hold a
public hearing on each proposed amendment at a reasonable
time and place as established by the planning commission.
It shall hold such hearing within forty-five (45) days from
the date on which the proposed amendment is referred to,
filed with, or initiated by the planning commission. An
applicant for an amendment may waive the requirement that
such hearing be held within forty-five (45) days.
(b) Notice of hearing. The planning commission shall
publish a notice of the public hearing at least once in the
official city newspaper at least twenty (20) days prior to
the date of the hearing. Such notice shall fix the date, 1,J
time and place for such hearing and contain a statement
regarding the proposed changes in regulations or in the
boundary or classification of any zone or district. If the
proposed amendment would change the zoning classification
or district boundary of specific property, such notice
shall contain the legal description or a general
description sufficient to identify the property under
consideration, its present zoning classification, and its
proposed classification. In such case, written notice of
such proposed amendment shall also be mailed at least
twenty (20) days prior to the hearing to the owners of
record of the affected property and to all owners of record
of lands located within two hundred (200) feet of the area
proposed to be altered. If the affected property is
located adjacent to or outside the city limits, the area of
notification shall be extended to one thousand (1,000) feet
into the unincorporated area. In addition to the published
and written notice, a sign shall be posted on the land
which is under consideration for rezoning. The planning
commission may give such additional notice to other persons
as it may, from time to time, provide by its rules.
(c) Conduct of hearing. The hearing, which may be
adjourned from time to time, shall be conducted in
accordance with such procedures as the planning commission
shall prescribe by rule. Any interested person or party
may appear and be heard at the hearing in person, by
agent or by attorney. The planning commission may
request a report on any proposed amendment from any
governmental official or agency, or any other person, firm
or corporation. If such report is made, a copy thereof
shall be made available to the applicant and any other
interested person in the offices of the planning
commission. "
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Section 2. That Section 42-25 of the Salina Code is hereby
amended to read as follows:
"Section 42-25. Report and recommendation of
planning commission.
Within forty (40) days after the close of a public
hearing on a proposed amendment, the planning commission
shall submit a report to the board of commissioners. A
copy of the report shall be filed with the City Clerk and
with the zoning administrator and such copies shall be
available for public inspection. A copy of the report
shall be mailed to the owner of the specific property
affected by the proposed amendment. Such report shall
contain a recommendation for approval or disapproval and
the reasons therefor based on evidence presented and
matters considered at the hearing. The following matters
shall be considered when approving or disapproving a
rezoning request:
(1) The character of the neighborhood and the uses
and zoning of nearby property;
(2) The suitability of the subject property for
development with uses permitted under existing
zoning;
(3) The availability of public facilities and
services to support the uses permitted on the
subject property under proposed zoning;
(4) The conformance of the requested change to the
city's comprehensive plan;
(5) Any other information or factors relevant to the
subject rezoning request.
The report submitted to the board of commissioners
shall be accompanied by a copy of the record of the
hearing on the proposed amendment."
Section 3. That Section 42-26 of the Salina Code is hereby
amended to read as follows:
"Section 42-26. Action by board of commissioners.
(a) Adoption of amendments. The board of
commissioners shall not act upon a proposed amendment
until it has received a written report and recommendation
from the planning commission. Upon receipt a said report
and recommendation and consideration of the matters
contained in Sec. 42-25, the board of commissioners may:
(1) adopt such recommendation by ordinance;
(2) override the planning commission's recommendation
by a 2/3 majority vote of the entire membership;
or
(3) return such recommendation to the planning
commission with a statement specifying the basis
for the board of commissioner's failure to
approve or disapprove. If the board of
commissioners returns the recommendation, the
planning commission, after considering the same,
may resubmit its original recommendation giving
reasons therefore or submit a new and amended
recommendation. Upon receipt of such
recommendation, the governing body, by a simple
majority thereof, may adopt or may revise or
amend and adopt such recommendation by
Kuhn -Cox Priming — Salina, Kansas
ordinance, or it need take no further action
thereon. If a proposed amendment is not acted
upon finally by the board of commissioners within
one hundred twenty (120) days of the date upon
which the planning commission's recommendation is
received, such proposed amendment shall be
deemed to have been denied, unless the applicant
for such amendment shall have consented to an
extension of such period of time. Whenever a
proposed amendment has been denied, such
amendment shall not thereafter be passed without
a further public hearing and notice thereof as
provided in Section 42-24.
(b) Protest. If a written protest against a proposed
amendment is filed in the office of the city clerk within
fourteen (14) days after the date of the conclusion of the
public hearing pursuant to the published notice, signed by
the owners of record of twenty (20) percent or more of any
real property proposed to be rezoned or by the owners of
record of twenty (20) percent or more of the total area
required to be notified by this act of the proposed
rezoning of specific property, excluding public streets and
ways, the ordinance adopting such amendment shall not be
passed except by at least a three-fourths (3/4) vote of all
of the members of the board of commissioners."
Section 4. That the existing Sections 42-24, 42-25 and 42-26 of
the Salina Code are hereby repealed.
Section
5.
That this
ordinance shall
be in
full
force and
effect
from and after
its
adoption
and publication
once
in
the official
city
newspaper.
(SEAL)
ATTEST:
Jai' ine-Shiever, City Clerk
Introduced: December 2, 1991
Pa sed: ERyn,
ber 9, 1991
Stephen C. ayor