Planning Process
Zoning - Rezoning
REZONING PROPERTY IN THE UNINCORPORATED AREAS OF DOUGLAS COUNTY, KANSAS
The following information is provided to assist individuals who wish to request rezoning of property in the unincorporated areas of Douglas County. This is only a guide. Should you have further questions, please call the Planning Office at (785) 832-3159 to schedule an appointment with the 'Planner of the Day'.
When is Rezoning necessary?
When the owner of any property located in the unincorporated areas of the county proposes a use which is not permitted by the current zoning of the land, the owner or his/her authorized representative may apply to have the zoning changed.Who will approve the Rezoning?
The Douglas County Commission, after recommendation from the Lawrence-Douglas County Metropolitan Planning Commission is authorized to change the zoning of any property in the unincorporated areas of the county. The change in zoning must be reasonable and be in conformance with the county's comprehensive plan.How do you get started?
Call the Planning Office to schedule a pre-application meeting with one of the planners. At this meeting, you will review your proposed rezoning and existing and proposed plans/policies which may affect your property. It is helpful if you can Bring the address and/or legal description of the property and your tentative plans for using the property. At this meeting, the planner will discuss with you additional information that will be needed before a request is submitted, procedures, fees and the Planning Commission meeting schedule.What do you need to submit?
A complete rezoning request includes: a completed application form; a $100 application fee; and a certified list of all property owners within 1000 feet of the subject property. The property ownership list may be obtained from the County Clerk's office located at 1100 Massachusetts Street.Applications must be submitted a minimum of 45 days prior to the Planning Commission public hearing to provide time for the necessary legal publications, notification of adjacent property owners and the Planning Office review process. Planning Commission meetings are typically held on the 4th Wednesday of each month beginning at 6:30 p.m. in the City Commission Room at City Hall.
What happens at the Planning Commission meeting?
The Planning Commission will hold a public hearing to consider your request. You or your representative must be present to explain your request. Adjacent property owners and other interested individuals will be allowed to speak at the public hearing.Following the public hearing, the Planning Commission will discuss your request and make a recommendation to the County Commission. The recommendation may be for approval, approval with conditions or denial.
What happens next?
Approximately three weeks after the Planning Commission meeting, the rezoning request and the Planning Commission's recommendation will be considered by the County Commission. You or your representative should attend the meeting & explain the request.If the Planning Commission has recommended approval of the rezoning and the County Commission agrees, then a resolution rezoning the property will be prepared and read at a future County Commission meeting.
If the County Commission does not agree with the Planning Commission recommendation, the request may be overridden by a 2/3 majority vote of the County Commission membership; OR, the request may be returned to the Planning Commission for reconsideration. Following the reconsideration of the issues, the Planning Commission will return the same recommendation or a different one to the County Commission. The County Commission may then either approve, amend, or deny the request.
If the request to rezone the subject property is approved, a resolution will be prepared and read at a future meeting. The rezoning will become effective after its publication in the newspaper following the reading of the resolution.
A $35 fee is required to cover the cost of publication.
If the County Commission denies the rezoning request, the same rezoning request cannot be resubmitted until twelve months have passed from the date of denial.
