(a)

The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notices of such public hearing shall comply with the provisions of F.S. § 166.041.

(b)

When a proposed amendment affects the zoning classification of property, and in case of protest against such change is signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 500 feet therefrom, or of those directly opposite thereto 500 feet from the street frontage of such opposite lots, then such amendments shall not become effective except by the favorable vote of three-fourths of the city commission.

The following criteria shall serve as minimum criteria to the planning board and the city commission in considering zoning change requests:

(1)

Commercial.

a.

Principal arterials. As provided by the traffic circulation element of the city comprehensive plan, the principal arterials are U.S. 27A and U.S. 19. To be approved for a commercial zoning change, a tract of land fronting on these roads shall be:

1.

Considered for C-2, highway commercial zoning only.

2.

Located at the intersection of a collector and an arterial or two arterials; or contiguous to an existing, developed commercial zone.

3.

A frontage access drive shall be provided, having:

i.

A minimum access approval by the city and Florida Department of Transportation.

ii.

A road base, side slopes, ditches and limerock surface constructed to state department of transportation (DOT) standards. Paving with asphalt or concrete is optional. If the applicant paves the road, it shall have a minimum of 1 1/4-inch of asphalt and a minimum width of 22 feet or according to FDOT specifications.

4.

Platted, showing driveway entrances (curb cuts) on U.S. 19/98 limited to the locations of the principal arterial; and on U.S. 27 limited to a spacing of 500 feet or greater.

b.

Minor arterials and collectors. Numerous roads in the city have been classified as minor arterials or collectors by the traffic circulation element of the city comprehensive plan. To be approved for a commercial zoning change, a tract of land fronting on these roads shall be:

1.

Considered for C-1A or C-1 zoning as permitted uses;

2.

Considered for C-2 zoning only if the tract has a minimum size of five acres and a minimum 200-foot setback shown on the site plan, such setback area permitting nonstructural uses such as off-street parking; and

3.

Provided with a maximum of one curb cut (driveway) per parcel or tract.

A petition for a zoning change under this article may cover only one parcel of property or group of contiguous parcels and can apply to more than one land owner. Any simultaneous rezoning request for a noncontiguous parcel shall require a separate and independent petition.

(a)

A petition for rezoning of land may be filed by an owner thereof or by any person having a legal or equitable interest therein. Such person or owner may act through an agent provided that the agent has the written consent of the owner or person having a legal or equitable interest in the property.

(b)

A petition for a change of district regulations may be filed by any citizen or owner of land in the city.

(c)

Petitions for change of zoning or district regulation shall be addressed to the city planning board and shall be filed with the city manager. Such petition shall contain or be accompanied by all pertinent information which may be required by the city planning board for its proper consideration of the matter and should be of the format exemplified in section 126-253.

(d)

After consideration of a proposal or a petition for a change in the zoning district classification or in the district regulations, the city planning board shall transmit the petition and its recommendations thereon to the city commission.

(e)

No recommendation for a change in zoning district classification or in district regulation shall be made by the city planning board to the city commission unless and until a public hearing as prescribed in section 126-245 has been held by the city planning board.

(f)

Proposals originating with the city commission or initiated by the city planning board shall be processed in the same manner as provided for petitions in this section.

(a)

Notice of hearings before the city planning board in connection with changes in zoning district classification or changes in district regulation shall be published in a newspaper of general circulation in the city at least ten days prior to the date of the hearing. Such notice shall specify the time and place of the hearing and the matter to be considered at such hearing. Notice shall also be posted in the city hall as well as the regular meeting place of the city planning board. Notice shall also be posted conspicuously on the premises affected, or in the area affected, for the same period of time.

(b)

Petitioners for changes in the zoning ordinances shall be given notice of hearing by letter addressed to such petitioner at the address given in such petition, and mailed at least ten days prior to the date of hearing.

(c)

The city manager may give notice to all property owners within 300 feet of the exterior boundaries of the land proposed to be rezoned. No action taken by the city planning board or the city commission shall be void for failure, however, to furnish such written notice, for this notice is to be given at the discretion of the manager and is not mandatory.

Petitions for a change in the zoning ordinances shall be accompanied by a fee as established from time to time by resolution of the city commission and kept on file in the office of the city manager. All petitions for a variance or special exception shall be accompanied by a fee as established from time to time by resolution of the city commission and kept on file in the office of the city manager. These fees shall be deposited with the city manager to cover the cost of notifications and studies in connection with the processing of such petitions. No such fee shall be refunded except upon a showing of mistake on the part of the petitioner satisfactory to the city commission. In case of hardship upon the petitioner wherein the city commission finds the imposition of this fee to be unreasonable and of the most extreme hardship, the city commission may waive the fee; where the city planning board initiates a change in the zoning ordinances, no fee shall be required.

(a)

Whenever the city commission has taken action to deny a petition for rezoning of property, the city planning board shall not consider any further petition for the rezoning of any part of the same property for a period of six months from the date of such action.

(b)

Whenever the city commission has changed the zoning of property by an amendatory ordinance, the city planning board shall not consider any petition for rezoning of any part of the same property for a period of six months from the date of the amendatory action.

(c)

The city commission may waive the above time limitations by the affirmative vote of four commissioners provided 30 days have elapsed since the action of the city commission to deny the original request, and only if the city commission deems such action necessary to prevent an injustice or to facilitate the proper development of the city.

(a)

No change or amendment, relating to the boundaries of the various zoning districts and the regulations applicable thereto, shall be made by the city commission unless the proposal or request for such change has been considered by the city planning board and the city commission has received a recommendation thereon from the city planning board.

(b)

The city commission may, however, act on any such change or amendment without a recommendation from the city planning board if such commission has not acted on the matter within 45 days of the date of the first regular meeting of the city planning board after a petition or proposal for a change or amendment has been filed with or received by the city manager.

In reviewing and formulating recommendations to the city commission on requested or proposed changes in the zoning ordinances, the city planning board shall consider and evaluate the changes in relation to all pertinent factors, including the following:

(1)

The character of the district and its peculiar suitability for particular uses.

(2)

Conservation of the value of buildings and encouraging the most appropriate use of land throughout the city.

(3)

The applicable portions of any current city plans and programs such as land use, trafficways, recreation, schools, neighborhoods, drainage and housing.

(4)

The needs of the city for land areas for specific purposes to serve population and economic activity.

(5)

Whether there have been substantial changes in the character or development of areas in or near an area under consideration for rezoning.

(6)

The facts of and opinions presented to the city planning board through hearings.

(a)

In case of a petition for a change in the zoning of property, the city planning board shall consider whether the area described in the original petition should be enlarged in order to reflect the interest of the city and to correspond with the city plan. The city planning board shall study and recommend to the city commission such enlargement, if any, as it may deem desirable.

(b)

The planning board shall, in arriving at a decision, utilize a zoning petition checklist.

In case of protest against any change in the zoning of property, signed by the owners of 20 percent or more, either of the area included in such proposed change, or in the area within 300 feet of the area included in the proposed change, such amendment shall not become effective except by the favorable vote of four members of the commission. Publicly-owned rights-of-way, although included in calculating the distance of 300 feet referred to in the previous sentence, shall not be included in determining the total of the area lying within 300 feet of the property involved in such proposed change and the percentages referred to.

If a petition or recommendation for a change or amendment to this chapter is not acted upon finally by the city commission within six months of the date upon which the report of the city planning board is filed with the city commission, such petition shall be deemed to have been denied.

(a)

A petition for rezoning, special exception and variance shall be as follows:

Application No._______
CITY OF CHIEFLAND, FLORIDA

Filing Fee: Each application must be accompanied by the appropriate fee as established from time to time by resolution of the city commission and kept on file in the office of the city manager.

Names and addresses of all property owners in area to be rezoned if not listed as applicant.

Note: The planning board holds hearings on applications the second Tuesday in each month. Applications should be filed with the city manager not less than ten days prior to the meeting. Upon the back of the application form the petitioner shall list the names and addresses of all persons owning property within 300 feet of the area included within the proposed change.

(b)

A petition for zoning ordinance amendment shall be as follows:

PETITION FOR ZONING ORDINANCE AMENDMENT

To: City Planning Board Date: ___________

Under the provision of Ordinance No. _______, I request that the following ordinance be amended. State ordinance as it now reads:

State proposed amendment:

Give justification as to why the proposed amendment would better promote the spirit and intent of the zoning ordinances of the City of Chiefland.

Signed: ___________

Address: ___________

___________ Phone No. ___________