18.40.060 Public Hearings and Decisions
A. If an application requires a public hearing:
1. The Approving Authority will allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, present evidence relevant to the application, and rebut evidence presented by others.
2. The Approving Authority will make an accurate written summary of the proceedings.
3. The Governing Body, Planning Commission and Board of Zoning Appeals may adopt rules of procedure for public hearings by resolution or bylaws.
4. If an item which is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing is opened, then the public hearing does not conclude until the date on which the hearing is formally closed. No additional notices are required if the public hearing is continued.
B. The following procedures apply to any public hearing and decision relating to a text amendment, rezoning or special use permit:
1. Public hearing required
The action requires a public hearing before the Planning Commission following the required notice (see section 18.40.050 Notice Provisions).
2. Planning Commission Action
a. The Planning Commission shall submit a recommendation by a vote either for or against the action by a majority of all of the Planning Commissioners present and voting.
b. If a motion for or against the action fails to receive a majority vote of the Planning Commission, the Planning Commission may entertain a new motion.
c. A tie vote, or the failure to obtain a majority vote of the Planning Commission on any motion, is a recommendation of disapproval.
d. The Planning Commission's recommendation to approve or disapprove is submitted to the Governing Body for action, accompanied by an accurate written summary of the hearing proceedings.
e. A recommendation to approve the action is submitted in the form of an ordinance or resolution.
3. Governing Body Action
The Governing Body may either:
a. approve the Planning Commission recommendation by adopting the ordinance or resolution;
b. override the Planning Commission's recommendation by a two-thirds (2/3) majority vote of its membership; or
c. return the ordinance or resolution to the Planning Commission for further consideration, together with a statement specifying the basis for the Governing Body's failure to approve or disapprove.
4. Applications returned to Planning Commission
a. Upon receipt of an application returned by the Governing Body, the Planning Commission may resubmit its original recommendation with its reasons, or submit a new or amended recommendation.
b. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after the receipt of the Governing Body's report, the Governing Body may consider this a resubmission of the original recommendation and proceed accordingly.
5. Reconsideration by Governing Body
a. Upon receipt of the Planning Commission's recommendation after reconsideration, the Governing Body may approve, disapprove, amend, return the application to the Planning Commission for further consideration.
b. Unless the Governing Body returns the application to the Planning Commission, the Governing Body's action is a final decision.
C. Final Decision
1. If adoption of an ordinance is required, the decision approving the application is not final until the ordinance (or a summary) is published in the official City newspaper in accordance with Kansas law.
2. In all other cases the decision is final as of the date that the approving authority votes to approve or deny the application.