APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\APPENDIX. TABLE OF COMPARABILITY FOR ZONING DISTRICTS

In accordance with provisions provided for in K.S.A. 12-757(b) and in Section 11-100(E)(6) of the Zoning Regulations of the City of St. John Kansas the 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 Governing Body meeting at which a zoning amendment is being considered desires to amend the application and/or the Governing Body 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 Governing Body without further publication or notice as provided for in K.S.A. 12-757(c) and in Section 11-104 of the Zoning Regulations.

MOST RESTRICTIVE:      R-1       Single-Family Residential District

                                              R-2       Multiple-Family Residential District

                                              C-1       Central Business District

                                              C-2       General Business District

LEAST RESTRICTIVE:     I-1         Industrial District

Because of the unique and special purpose which the P-O Protective Overlay District serves, this district is 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 Part of the property considered for a Special Use, however, may be withdrawn by the applicant or a lesser amount recommended for approval without renotification.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, C-2 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 C-2 Business District to the I-1 Industrial District, the recommending of the lesser R-2 Multiple-Family Residential District shall not be valid without republication and the mailing of new notices.