In accordance with provisions provided for in K.S.A. 12-757(b) and in Section 11-100E6 of the Zoning Regulations of the City of Andover, Kansas, the Andover City Planning Commission hereby establishes a “Table of Comparability for Zoning Districts” as listed below. This table designates the zoning districts, which are considered to be “lesser changes” due to their more restrictive characteristics as set forth in the Zoning Regulations.
When considering zoning district amendments, the Planning Commission and the Governing Body may recommend and approve a lesser change in zoning districts for the property already advertised for a public hearing without republication of a notice or redistribution of notices to property owners when such change is more restrictive than the district which is applied for as shown on the table below; provided, however, that such recommendation and approval shall not be for a lesser classification than the existing zoning district. If the applicant at the City Council meeting at which a zoning amendment is being considered desires to amend the application and/or the City Council desires to consider a “lesser” zoning change, then such a proposed change shall be returned to the Planning Commission for reconsideration and further recommendation to the City Council without further publication or notice as provided for in K.S.A. 12-757(c) and in Section 11-104 of the Zoning Regulations.
NOTE: Because of the uniqueness and special purpose for which the MH-1 Manufactured Home Park District, MH-2 Manufactured Home Subdivision District, R-5 Single-family/Zero Lot Line Residential District, A-1 Agricultural Transition District, R-6 Condominium Residential District, PUD Planned Unit Development District, FP Floodplain District, and P-O Protective Overlay District serve, these districts are excluded from the Table of Comparability.
Although the notification for a “Special Use” is processed in the same manner as a zoning district amendment, it is not an actual change in zoning districts and, therefore, the Table of Comparability does not apply and reapplication is necessary for consideration of a different “Use” even if in the same zone. Part of the property considered for a Special Use, however, may be withdrawn by the applicant or a lesser amount recommended for approval without renotification.
EXAMPLE: If an application is advertised for a public hearing requesting a change from R-1 Single-Family Residential District to I-1 Industrial District, the Planning Commission may recommend the lesser, i.e., more restrictive B-1 Office Business District without republication or mailing of new notices.
If an application, however, is advertised for a public hearing requesting a change from the existing B-1 Office Business District to the I-1 Industrial District, the recommending of the lesser R-1 or R-2 Districts shall not be valid without republication and the mailing of new notices.