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Chipley City Zoning Code

ARTICLE XII

AMENDMENTS

Sec. 44-324.- Authority.

Whenever the public necessity, convenience, general welfare or good zoning practices require, the city council may, by ordinance, amend, supplement or change the regulations, district boundaries, or classifications of property, now or hereafter established by the zoning code or amendments thereto.

(Code 1967, § 29-135; Code 1987, § 20-251; Ord. No. 460, § 15.01, 7-16-1963)

State Law reference— Special procedures required to amend zoning ordinances, F.S. § 166.041(3)(c).

Sec. 44-325. - Basis for reports.

In viewing and formulating reports and recommendations to the city council on requested or proposed changes in this zoning code, the planning and zoning commission shall consider and evaluate the changes in relation to all pertinent factors, including the following:

(1)

Character of district and substantial changes and development;

(2)

Conservation of property values;

(3)

Land use, traffic, recreation, schools, drainage, housing, etc.;

(4)

Industrial site needs;

(5)

Facts and opinions received from public hearings.

(Code 1967, § 29-136; Code 1987, § 20-252; Ord. No. 460, § 5.02, 7-16-1963)

Sec. 44-326. - Action by council.

When recommendations initiated by the planning and zoning commission are not acted upon by the city council within six months, the recommendations shall be deemed to have been denied.

(Code 1967, § 29-137; Code 1987, § 20-253; Ord. No. 460, § 15.03, 7-16-1963)

Sec. 44-327. - Limits on petitions.

(a)

Whenever the planning and zoning commission has taken action to recommend denial of a petition for rezoning of property, the planning and zoning commission shall not consider any further a petition for the same rezoning of any part of the same property for a period of one year from the date of such action.

(b)

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

(c)

These time limits for the planning and zoning commission's consideration may be waived by the city council by the affirmative unanimous vote of the five members, when the city council deems such action necessary to prevent an injustice or to facilitate the proper development of the city.

(Code 1967, § 29-139; Code 1987, § 20-255; Ord. No. 460, § 15.05, 7-16-1963)

Sec. 44-328. - Amendment procedure.

(a)

Who files. Any person having a legal or equitable interest in any property in the district may file for an amendment.

(b)

Filing of appeal. An appeal shall be filed with the director, who then transmits forms to the secretary of the planning and zoning commission.

(c)

Notice of hearing. For amendment of district boundaries, all owners of property within the area to be changed and property owners within 500 feet shall be notified of the hearing at least 30 days prior to the hearing. For amendment of regulations in the district, notice will be provided by publication in the local newspaper 15 days prior to the hearing. On-site notice shall provide additional public notice by requiring the placement of a temporary sign on the property to be affected by the official action. Such sign shall be of sufficient measurement and placed so as to be in clear view of the public, and shall describe the type of action to be considered and the date, time and place of the meeting at which official action will be taken. The sign will be installed and kept in place for a period of not less than 30 days before the scheduled meeting at which action will be taken.

(d)

Fees. A nonrefundable fee in the amount established by resolution must be paid at the time of filing an application for rezoning to cover the cost of administrative processing, legal advertising and recording.

(Code 1967, § 29-140; Code 1987, § 20-256; Ord. No. 460, § 15.06, 7-16-1963; Ord. No. 523, 12-4-1972; Ord. No. 771, § 23, 4-8-1997; Ord. No. 911, § 2, 12-13-2011; Ord. No. 942, § 2, 8-8-2017)

Sec. 44-329. - Enforcement.

Enforcement of any section of this chapter shall be by the city planning officer.

(Code 1987, § 20-258; Ord. No. 861, § 2, 2-14-2006; Ord. No. 911, § 2, 12-13-2011; Ord. No. 942, § 2, 8-8-2017)