The procedure for amendment of this ordinance shall be as follows:

(A)

A district boundary change may be initiated by:

(1)

The owner or owners of at least seventy-five percent (75%) of the property described in the application.

(2)

Tenant or tenants, with owner's consent.

(3)

Duly authorized agent.

(4)

City council.

(5)

Planning and zoning board.

(6)

Any department or agency of the city.

(B)

Any amendment to this ordinance other than a district boundary change may be proposed by:

(1)

City council.

(2)

Planning and zoning board.

(3)

Any department or agency of the city.

(4)

Any individual, corporation or agency.

(C)

Any proposal for a zoning amendment by any individual, corporation or agency pursuant to paragraph (B)(4) of this section shall be by application, which shall contain the following information:

(1)

The name of the owner of the particular real property.

(2)

If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be attached.

(3)

The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property.

(4)

The current land use zoning classification, or special exception, with any specified conditions, as recorded on the official zoning map.

(5)

The requested land use zoning classification or special exception classification that constitute an amendment to the official zoning map.

(6)

Names and addresses of all property owners ("Affected Property Owners") owning property which lies within a radius of five hundred (500) feet of a boundary of the real property to be rezoned, accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected.

(D)

No recommendation for change or amendment may be made by the planning and zoning board until due public notice has been given of a public hearing. Public hearing notice shall be given at least fifteen (15) days in advance of the hearing by the publication in a newspaper of regular and general circulation in the city and notice shall be posted at the city hall. No recommendation for change shall be made by the planning and zoning board unless and until the public hearing has been advertised. Said notice shall contain the names of the applicant, the legal description of the affected property, the existing land use classification and special exception designation, the requested amendment to the official zoning map and the time and place of the public hearing on the consideration of said application.

(E)

For proposed zoning changes, a notice shall be mailed to affected property owners (as defined in subparagraph (6) of paragraph (C) of this section); provided, however, that failure to receive such notice shall not affect any action or proceedings taken hereunder.

(F)

When any proposed change of a zoning district boundary lies within three hundred (300) feet of the boundary of an incorporated or unincorporated area, notice shall be forwarded to the planning board or governing body of such incorporated or unincorporated areas in order to give such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change.

(G)

The planning and zoning board shall submit the request for change or amendment to the city commission with written reasons for its recommendation.

(1)

Nature and requirements of planning board report. When pertaining to the rezoning of land, the report and recommendations of the planning board to the governing body required above shall show that the planning board has studied and considered, where applicable, whether or not:

a.

The proposed change is contrary to the established land use pattern.

b.

The proposed change would create an isolated district unrelated to adjacent and nearby districts.

c.

The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, access, etc.

d.

Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.

e.

The proposed change would be contrary to the land use plan and would have an adverse effect on the comprehensive plan.

f.

Changed or changing conditions make the passage of the proposed amendment necessary.

g.

The proposed change will adversely influence living conditions in the neighborhood.

h.

The proposed change will create or excessively increase traffic congestion or otherwise affect public safety.

i.

The proposed change will create a drainage problem.

j.

The proposed change will seriously reduce light and air to adjacent areas.

k.

The proposed change will adversely affect property values in the adjacent areas.

l.

The proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.

m.

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

n.

There are substantial reasons why the property cannot be used in accord with existing zoning.

o.

Whether the change suggested is out of scale with the needs of the neighborhood of the city.

p.

It is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.

(2)

Nature and requirements of planning board report. When pertaining to other proposed amendments of this zoning code, the planning board shall consider and study:

a.

The need and justification for the change.

b.

The relationship of the proposed amendment to the purposes and objectives of the comprehensive planning program and to the comprehensive plan, with appropriate consideration as to whether the proposed change will further the purposes of this zoning code and other codes, regulations, and actions designed to implement the comprehensive plan.

(H)

The city council shall hold public hearings on the recommendation of the planning and zoning board to consider, among other things rezoning proposals and the adoption of ordinances effectuating same if necessary, in accordance with subparagraphs (a) and (b) of paragraph (3) of section 166.041, Florida Statutes, or any procedure of General Law which supersedes those provisions.

(I)

Amendments to the official zoning map initiated by the city council or its designee shall be by ordinance enacted pursuant to the provisions of section 2-55 of the Cocoa City Code and subparagraph (c) of paragraph 3 of section 166.041, Florida Statutes, or any procedure of General Law which supersedes those provisions, and the provisions of paragraphs (C), (D), (E), (F), (G), and (H) of this section and section 3 of this article XXII shall not apply.

(Ord. No. 6-89, §§ 1—4, 5-23-89; Ord. No. 3-90, § 1, 1-23-90)

No proposal for zoning change or amendment affecting particular property or properties shall contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned.

In the event a petition against a change in zoning classification of a particular property meeting the requirements of this section is filed, such change shall not become effective except by the favorable vote of four (4) members of the city council at a city council meeting which is held no sooner than the second general city council meeting which follows the meeting before the planning and zoning board at which such change was considered. A petition meets the requirements of this section if it complies with the following:

(A)

The petition shall be signed by at least twenty percent (20%) of the property owners owning property which lies within a radius of three hundred (300) feet of a boundary of the real property to be rezoned.

(B)

Each signer of the petition shall sign his name in ink and shall place on the petition opposite his name, the date of his signature and the tax parcel number or numbers or street address of the affected real property owned by the signer. The signature need not be appended to one (1) paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated.

(C)

All papers comprising a petition under this section shall be assembled and filed with the city clerk as one (1) instrument no less than thirty-six (36) hours prior to and no later than 9:00 a.m. on the Monday preceding the first public hearing before the city council to consider the proposed zoning amendment.

(Ord. No. 6-89, § 5, 5-23-89; Ord. No. 3-90, § 2, 1-23-90; Ord. No. 12-01, § 1, 8-28-01)

If a request for a district boundary change is for a district more liberal than the existing district, and the planning and zoning board or city council determines that said request should be denied, the planning and zoning board may recommend, and/or the city council may change the district classification for said property to any district classification that is more restrictive than the requested zoning classification.

When a proposed change in district boundaries has been acted upon by the city council and disapproved or failed to pass, such proposed change, in the same or substantially similar form, shall not be reconsidered by the city council, for a period of six (6) months. Such restriction shall not apply to the property owner if the original request was initiated by the city council, planning and zoning board, or any department or agency of the city.