(a)

General conditions. This Section, including the zoning map, may be amended by the Callaway City Commission on its own motion, on petition or on recommendation of the Planning Board, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Board for review and recommendation. The Planning Board shall submit its report within thirty (30) days after receiving an amendment proposal from the City Commission for review; otherwise said amendment shall be deemed to have been approved by said Planning Board. Before enacting an amendment to these regulations, the City Commission shall give public notice and hold hearings thereon as set forth in this Section.

(b)

Application for amendment.

(1)

General. Applications for amendment may be in the form of proposals for amendment of the text of this Article or proposals for amendment of the zoning map; for purposes of this Article, map amendments and text amendments shall be collectively referred to as zoning reclassifications. Applications for zoning reclassifications may be made only by a property owner, contract purchaser or person financially interested in the property to be reclassified, or by a governmental agency. Applications shall be filed in triplicate with the Director of Planning; provided, however, that the City Commission may, on its own motion, commence the procedure for a zoning reclassification without filing a formal application. All nongovernmental zoning reclassifications shall be accompanied by an application fee pursuant to the "Schedule of Fees and Charges" in Section 15.695 of the Land Development Regulations. No application fee shall be refunded unless the application is withdrawn prior to the time it is ordered to be advertised. In no event shall more than four-fifths (4/5) of the application fee be refunded.

(2)

Signature of applicant required. All applications for zoning reclassifications shall be signed and verified under oath by the applicant and shall state the applicant's name and address.

(3)

Application for text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

(4)

Application for map amendment. An application for a map amendment shall include the following information: The street address of the land proposed to be reclassified, or if no street address exists, the location with respect to the nearest public roads in common use; The legal description, by metes and bounds, bearings and distances or by reference to the lot, block and appropriate plat references; The present zoning classification and the classification proposed for such land; The name(s) and address(s) of all owners and occupants of the land to be reclassified; The area of the land proposed to be reclassified, stated in square feet, if less than one (1) acre and in acres if one (1) acre or more; and The application number, date of application, and action taken on all prior applications filed for the reclassification of the whole or any part of the land.

(5)

Posting of property. Within five (5) days after acceptance of an application for a map amendment, the City Clerk shall cause a sign to be erected on the land to be reclassified. Such sign shall be erected within ten (10) feet of the boundary of said land abutting the most heavily traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The lower edge of the sign face shall not be less than two and one-half (2-l/2) feet above the ground. The sign shall have a minimum size of thirty (30) by forty (40) inches, shall state that an application for zoning reclassification is pending and shall state the application number, the present zoning classification, the proposed zoning classification, the scheduled date, time and place of public hearing and the telephone number to call for further information. If the land sought to be reclassified lies within more than one (1) block, as shown on a plat recorded in the land records of Bay County, a sign shall be erected on each such block. The applicant shall maintain such sign at all times unless a decision on the application has been made by the City Commission and for a period of twenty (20) days thereafter. The sign shall then be removed unless a petition for reconsideration shall have been submitted, in which event such sign shall remain until after the City Commission disposes of the petition for reconsideration. It shall be unlawful for any person to remove or tamper with such sign.

(6)

Review by planning board. Within five (5) days after acceptance of any such application, the Director of Planning shall transmit two (2) copies thereof to the City Clerk. Upon receipt of the application from the Director, the City Clerk shall transmit one (1) copy thereof to the City Attorney, who shall draft an ordinance for consideration by the City Commission in conjunction with the application.

(c)

Hearing procedure.

(1)

Notice of hearing. The City Clerk shall submit a copy of all zoning reclassification applications to the City Commission. A date, time and place for a public hearing on the application shall be established and the City Clerk shall so notify the City Commission, the Planning Board and the applicant. If the proposed zoning reclassification application pertains to a text or map amendment involving a permitted use change or rezoning of property, public hearings shall be held and notice given in accordance with applicable Florida Statutes. The cost of the legal advertisements required shall be borne by the applicant and paid in accordance with procedures established by the City Commission. No fee is required for applications submitted by a governmental agency. Zoning reclassification applications for all other amendments to the text of this Article shall require a public hearing and notice of said hearing shall be published in a newspaper of general paid circulation in the municipality. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least five days a week unless the only newspaper in the community is published less than five days a week. Said notice shall appear at least thirty (30) days prior to the date of the hearing and shall contain the date, time and place of the hearing, together with a summary of the proposed amendment. If the proposed zoning reclassification requires an amendment to the Comprehensive Land Use Plan or Map, public hearings shall be held and notice given in accordance with the applicable Florida Statutes. The City Clerk shall notify the applicant and the Planning Board of said hearings. The costs of legal advertisements required shall be borne by the applicant and paid in accordance with procedures established by the City Commission. No fee is required for applications for amendments to the Comprehensive Land Use Plan or Map submitted by a governmental agency and the City will be responsible for advertising costs incurred by the Planning Board.

(2)

Conduct of hearing. Any interested person shall have the right to submit oral or written testimony at the public hearing. All testimony and exhibits admitted at the hearing, including the application, shall promptly be incorporated by the City Clerk in the application file and shall be considered a part of the record on the application. The master plan for the area, with any subsequent amendments for the area within which lies the land proposed to be reclassified, shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant or unduly repetitious may be excluded. The hearing may be adjourned from time to time to a date established by public announcement at the hearing.

(d)

Action by the governing body.

(1)

All applications for amendment of map or text shall be decided on the basis of evidence of record.

(2)

An application for a map or text amendment shall be either approved, modified, or denied on the merits, or dismissed, or allowed to be withdrawn.

(3)

The City Commission may dismiss any application if it finds that (1) the application does not conform to any procedural requirements of this Article, or (2) the application is not acceptable for filing because it has been filed within twelve (12) months after a previous filing for a similar purpose as herein provided, or (3) the application is frivolous or filed for the purposes of harassment.

(4)

The City Commission may allow an applicant to withdraw his application at any time; provided, however, that in the case of an application for map amendment, if the request for withdrawal is made after publication of the notice of hearing, no application for the reclassification of all or any part of the land which is the subject of the application shall be allowed for twelve (12) months following the date of the resolution of the City Commission approving such withdrawal, unless by the resolution allowing withdrawal or subsequent resolution, the governing body specifies that the twelve (12) months limitation shall not apply.

(5)

If an application is not dismissed or allowed to be withdrawn as herein provided, it shall either be approved, modified, or denied on the merits, in which case no application for the reclassification of all or any part of the land which is the subject of the application shall be accepted for filing within twelve (12) months following the date of such approval or denial on the merits.

(6)

No application for a map amendment shall be approved conditionally for the erection on the land of a structure at a particular location, or within a particular time, or by a particular person, or of a particular type, or on any condition.

(7)

No application for a map amendment shall be approved for a greater area than that applied for, but the application may be approved for a smaller area if the reclassification of such small area is supported by the evidence of record and such smaller area is accurately delimited in the record.

(8)

The decision of the City Commission approving, denying or dismissing any application for map or text amendment shall be rendered within sixty (60) days after public hearing is held thereon and shall be determined by a majority vote of City Commission, except in case of protest.

(9)

All decisions of the governing body shall be made in open sessions and the ordinance or solution embodying the decision approving, modifying, denying or dismissing any application for map or text amendment shall not be valid unless it is incorporated into the minutes of the meeting at which such action was taken.

(10)

Such ordinance or resolution embodying the decision of the City Commission, approving, modifying, denying or dismissing any application for map or text amendment, shall be filed in the Office of the City Clerk and a copy shall be submitted by the City Clerk to the applicant, the Director of Planning, and the Planning Board.

(11)

The decision of the City Commission on any application for a map or text amendment shall be final except that a petition requesting reconsideration of the City Commission's decision on any application may be filed with the Director by the original applicant or by any person who appeared at the public hearing held by the City Commission on the original application, if accompanied by a receipt from the City showing payment of a filing fee of twenty-five (25) dollars, except in the case of a petition by a governmental agency when no such fee is required, and by affidavit, or the person requesting the reconsideration, that a copy of the petition has been served in person or by mail on all persons or their attorneys who appeared at the said hearing, naming them, as shown by the minutes of the said hearing.

(12)

No petition requesting reconsideration of the City Commission's decision on any application for a map or text amendment may be filed later than twenty (20) calendar days following the decision except with the concurrence of the City Commission.

(13)

The petition shall briefly state the alleged errors in the decision and the supporting arguments.

(14)

Following its review of the petition for reconsideration, the City Commission may reaffirm or rescind its prior decision and the subject application thereafter may be approved, denied or dismissed by the City Commission, with or without further hearings. Nothing herein shall prevent the City Commission from reconsidering any decision on its own motion.

(Ord. No. 1027, § 3, 2-23-21)