Each city and municipality has its own set of zoning orders. If an individual wishes to change a particular zoning order, whether it is for establishing a new business venture using an existing property or for the construction of a commercial real estate development, he or she must go through a certain process with the city's officials.
The first step an individual should take when requesting a revision of a zoning order is to fill out an application provided by the planning commission or the official in charge of the zoning for that particular city or municipality. The property owner making the zoning revision request must pay a filing fee in the amount determined by the city's officials.
Once the planning commission considering the zoning request reviews the application, it will hold a public hearing. The city's officials will announce the hearing ahead of time through a public notice. The hearing's date and time as well as the proposed zoning request shall be clearly stated in the notice. Moreover, the notice shall provide the legal or general description identifying the particular property requesting the zoning revision.
Within 20 days of the hearing, a written explanation of the zoning request shall be mailed to property owners who reside within 200 feet of the property in question and who live inside the city limits. The notice shall also be mailed to property owners who live outside city limits but within 1,000 feet of the property in question. The planning commission will then make its decision to allow or deny the zoning change.
There are many legal issues involved in commercial development, such as contract negotiations, purchase agreements and zoning issues. Many commercial developers who are confronted with these issues retain an attorney who may assist them in handling the legal complications involved in their business ventures.
Source: Kansas Statutes, "Statute 12-757", November 24, 2014