1.

An amendment to the comprehensive plan may be either a text amendment which changes the text of the plan or a map amendment which changes a land use classification as shown on the future land use map or adds a new land use classification. A plan amendment may be initiated by the city, a property owner, or agent of a property owner, or by citizens or interested parties who have standing under Florida Statutes and the city Charter to bring amendments to the city for consideration.

2.

The basis of review for any proposed comprehensive plan amendment is to ensure compliance with all the goals, objectives, and policies of the comprehensive plan, ensuring that the amendment meets the established level of service (LOS), complies with the capital improvements budget of the city, and provides supporting data and analysis.

3.

All applications to amend the comprehensive plan shall be submitted in writing in the form of a completed official application to the city including all required attachments (as established by the land development regulations and/or as determined by the administrative official), together with any applicable fees which have been established by the city commission.

4.

Any reference herein to specific statute shall include said statute as may be amended from time to time.

5.

A public hearing shall be required when proposing to adopt any ordinance to amend the comprehensive plan, and when transmitting a proposed amendment to the state. Public hearings and transmittals of proposed and adopted amendments to be transmitted to the State of Florida shall comply with the requirements as set forth in F.S. § 163.3184.

Any proposed comprehensive plan amendment that is equal to or less than the statutory limits allowed for a "small scale amendment" shall be deemed a small scale amendment and follow the prescribed schedule, notice, and procedures of ch. 163, F.S., et seq. All requests for small scale comprehensive plan amendments shall comply with the requirements of section 6.1.1.10.

Any proposed comprehensive plan amendment that is not deemed a small scale amendment as prescribed by ch. 163, F.S., is a large scale comprehensive plan amendment, including any text amendment and shall comply with the prescribed schedule, notice, and procedures of ch. 163, F.S., et seq. All requests for large scale comprehensive plan amendments shall comply with the requirements of section 6.1.1.10.

1.

A petition for rezoning to change the zoning classification of property and amend the Official Zoning Map of Eagle Lake may be initiated by the city or by a property owner or agent of a property owner. The basis for review of an application for rezoning shall entail a review of data and analysis in support of the rezoning, analysis of the impact of the rezoning on all public facilities level of service, and an analysis of the need for the proposed rezoning in relation to the goals, objectives, and policies of the comprehensive plan.

2.

Rezoning petitions shall be submitted to the city on the application form(s) prescribed by the city, together with any applicable fees as have been established by the city commission.

3.

Public hearings for rezoning petitions requests shall be noticed in accordance with ch. 166.041, F.S., et seq., and as otherwise may be required by law or the city Charter.

4.

The planning commission shall consider the rezoning petition and base its recommendation to the city commission upon a determination that the following conditions are satisfactorily met:

A.

The rezoning petition is consistent with the City of Eagle Lake Comprehensive Plan;

B.

The rezoning petition will not lower the adopted level of service below the minimum level of service as set forth in the comprehensive plan for any public facilities or services; unless binding commitments for mitigation to maintain the adopted level(s) of service established in the comprehensive plan have been or will be written into a developer's agreement between the city and applicant;

C.

The proposed rezoning and all permitted uses within the category sought will be compatible with the development of surrounding property;

D.

The need and justification for the change;

E.

The effect of the change, if any, on the particular property and on surrounding properties;

F.

The amount of undeveloped land in the general area and in the city having the same classification as that requested; and

G.

The proposed rezoning and all permitted uses are compatible with development on surrounding property; or compatibility can be achieved with a zoning district of lesser density or lesser intensity which is specified in the planning commission's recommendation.

5.

No recommendation for rezoning shall contain conditions, limitations, or requirements that are not applicable to all other property in the district to which the particular property is to be rezoned. This prohibition shall not preclude a rezoning petition which is concurrent with a petition to establish a planned unit development.

6.

Upon receipt of the planning commission's recommendation, the city commission shall hold a public hearing, in accordance with F.S. § 166.041 et seq., or as otherwise required by law or the city Charter. At such public hearing, the city commission shall consider the recommendation of the planning commission, and may accept, reject, modify, continue, or remand the petition back to the planning commission for additional information relative to the planning commission's recommendations.

7.

Whenever the city commission has considered the zoning classification of property, neither the city commission nor the planning commission shall then consider any subsequent petition for rezoning of any part or all of the same property for a period of one year from the date of such action by the city commission. However, this time limit may be waived if the petition to rezone is denied without prejudice or by the affirmative vote of a majority of the city commission when such action is deemed necessary to prevent injustice or to facilitate proper development within the city.

8.

Conditional uses.

A.

The planning commission shall have the authority to consider conditional uses as specifically authorized by the terms of the land development regulations.

B.

Conditional uses shall follow the same procedures and notification requirements as a rezoning and meet the same applicable criteria for approval. In addition, a conditional use approval shall include a detailed site plan and written findings that include information as to the following:

1.

The conditional use will not adversely affect the public interest nor be contrary to the intent and provisions of the comprehensive plan;

2.

The requested use complies with specific rules governing individual conditional uses of the type involved;

3.

The proposed conditional use, with conditions and safeguards attached, will be generally compatible with adjacent properties and other properties in the district; and

4.

Ingress and egress to the property and structures, with particular reference to automotive and pedestrian traffic, as it relates to safe and convenient traffic flow and access in case of fire or catastrophe;

5.

Off-street parking and loading area, refuse and service areas, with particular attention to subsection 8.B.4 of this section and the effects on surrounding property;

6.

Utilities: location, availability and compatibility;

7.

Screening and buffering: type, dimensions, and location;

8.

Signs, if any, and proposed lighting; and

9.

Required yards and other open space.

C.

The planning commission may require as part of a conditional use approval conditions, safeguards, and prescribe reasonable time limits within which actions shall be begun and/or completed. Violation of any conditions or safeguards, and the time limits set forth herein, when made part of the terms under which the conditional use is granted, shall be deemed a violation of the land development regulations.

All lands which may hereafter be annexed into the city shall have a future land use classification based upon the future land use classification in existence with the county at the time of annexation until such time as the city commission has an opportunity to adopt a future land use designation for the newly annexed land that is consistent with the city's comprehensive plan. The city shall, upon its own initiative or upon request of the property owner, adopt a future land use map amendment following the process outlined in the Code of Ordinances for the City of Eagle Lake.

The planning commission shall have the authority to hear and decide only such special exceptions as it is specifically authorized to pass on by the terms of the land development regulations; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under the applicable provisions of the land development regulations, or to deny special exceptions when not in harmony with the purpose and intent of the applicable provisions of the land development regulations.

A special exception shall not be granted by the planning commission unless and until the requirements and conditions listed below have been examined and met:

1.

A written application for a special exception is submitted indicating the division, chapter, article, and section of the land development regulations under which the special exception is sought and stating the grounds on which it is requested.

2.

The planning commission shall make a finding that it is empowered under the applicable provisions of the land development regulations described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest nor be contrary to the intent and provisions of the comprehensive plan.

3.

Such application has been submitted to and reviewed by the planning commission at least 15 days prior to the planning commission public hearing and action on the application. Where the planning commission proposes conditions and safeguards in relation to such special exceptions, the planning commission shall not reduce such conditions and safeguards, but may add other conditions and safeguards in granting approval, except as provided elsewhere in the land development regulations. Failure of the planning commission to report within 30 days of its first meeting following receipt of the application, unless a longer period has been agreed upon by the planning commission, shall be deemed an approval by the planning commission of such application.

4.

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which the special exception is sought or his agent shall be notified of the public hearing by mail. Notice of such hearings shall be posted on the property for which a special exception is sought, at the city hall, and in one other public place at least 15 days prior to the public hearing.

5.

A public hearing shall be held. Any party may appear in person, by agent, or attorney. Before any special exception shall be issued, the planning commission shall make written findings that it is empowered under the chapter and section of the applicable provisions of the land development regulations described in the application to grant the special exception; that granting of the special exception will not adversely affect the public interest nor be contrary to the intent and provisions of the comprehensive plan; that there is compliance with specific rules governing individual special exceptions of the type involved; that the proposed development, with conditions and safeguards attached, would be generally compatible with adjacent properties and other properties in the district; and that satisfactory provision and arrangement has been made concerning the below listed conditions, where applicable:

A.

Ingress and egress to the property and structures, with particular reference to automotive and pedestrian safety and convenience, traffic flow, and access in case of fire or catastrophe;

B.

Off-street parking and loading areas, refuse and service areas, with particular attention to subsection 5.(A) above and to effects on surrounding property;

C.

Utilities: location, availability, and compatibility;

D.

Screening and buffering: type, dimensions, and location;

E.

Signs, if any, and proposed lighting;

F.

Required yards and other open space;

G.

Among other conditions and safeguards, the planning commission may prescribe reasonable time limits within which actions shall be begun or completed, or both. Violation of any conditions or safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the land development regulations.

All decisions of the planning commission pertaining to requests for special exceptions will be rendered in writing. The chairman of the planning commission will execute the decision, which will be circulated to the applicant, the city commission, the city manager, the city attorney, and any person requesting same at the public hearing.

All approvals of special exceptions shall expire one year after rendition of the special exception approval, or at such other time as specially set by the commission approving said special exception, if the special exception granted has not been exercised. If the special exception approval expires, the owner, or owner's agent, of the property for which the special exception approval expired shall be required to re-apply for the special exception as a new request.

The planning commission shall hear and decide requests for dimensional variances for the height or width of a structure, the width, depth, or area requirements of required yards and setbacks and appeals from administrative decisions.

Meetings in which the planning commission shall consider variance requests shall be publicly noticed. Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which the variance is sought or his agent shall be notified of the public hearing by mail. Notice of such hearings shall be posted on the property for which a variance is sought, at the city hall, and in one other public place at least 15 days prior to the public hearing.

1.

The planning commission shall render a decision based on the following criteria:

A.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

B.

Special conditions and circumstances do not result from the actions of the applicant.

C.

Granting the variance will not confer any special privilege on the applicant that is denied by this section to other lands, buildings, or structures in the same zoning district.

D.

The literal interpretation of the provisions of this section would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant.

E.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

F.

Granting the variance will be in harmony with the general intent and purpose of this section and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

2.

The planning commission may impose reasonable conditions or restrictions on any variance it grants.

In granting a variance, the planning commission:

1.

May prescribe appropriate conditions and safeguards in conformity with the applicable provisions of the land development regulations, including time limits for beginning and completion of any action involved. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the land development regulations and punishable as provided for there under.

2.

May not under any circumstances grant a variance to allow a use not permissible under the terms of the applicable provisions of the land development regulations in the district involved, or any use expressly or by implication prohibited by the terms of the applicable provisions of the land development regulations in such district.

3.

May not consider economic hardship, medical conditions, or related circumstances, and these factors shall not be grounds for issuance of a variance.

4.

May not grant a variance for reduction of minimum lot width and for minimum lot area requirements for the district in which such lot or lots are located.

A variance of the terms of the applicable provisions of the land development regulations shall not be granted by the planning commission unless and until the requirements and conditions listed below have been examined and met:

1.

A written application for a variance is submitted demonstrating:

A.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district;

B.

That the special conditions and circumstances do not result from the actions of the applicant;

C.

That granting the variance requested will not confer on the applicant any special privilege that is denied by the applicable provisions of the land development regulations to other lands, buildings, or structures in the same district;

D.

That literal interpretation of the applicable provisions of the land development regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district, under the terms of the zoning and subdivision chapters of the land development regulations, and would work unnecessary and undue hardship on the applicant;

E.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered ground for the issuance of a variance.

2.

Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which the variance is sought or his agent shall be notified of the public hearing by registered mail. Notice of such hearings shall be posted on the property for which a variance is sought, at the city hall, and in one other public place at least 15 days prior to the public hearing.

3.

The public hearing shall be held. Any party may appear in person, or by agent, or by attorney.

4.

The planning commission shall make findings that the requirements of section 6.3.1.20 above have been met by the applicant for a variance.

5.

The planning commission shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

6.

The planning commission shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the applicable provisions of the land development regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare nor in conflict with the purpose and intent of the comprehensive plan.

The concurring vote of four members of the planning commission shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the applicable provisions of the land development regulations, or to effect any variation in the application of the applicable provisions of the land development regulations.

All decisions of the planning commission pertaining to requests for variances will be rendered in writing. The chairman of the planning commission will execute the decision, which will be circulated to the applicant, the city commission, the city manager, the city attorney, and any person requesting same at the public hearing.

All approvals of variances shall expire one year after rendition of the variance approval if the variance granted has not been exercised. If the variance approval expires, the owner, or owner's agent, of the property for which the variance approval expired shall be required to re-apply for the variance as a new request.

The planning commission shall have the authority to hear and decide administrative appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of the applicable provisions of the land development regulations. Appeals of this class may be taken by any person alleging an error has occurred.

1.

Such appeal shall be taken within 30 days of any order, requirement, decision, or determination appealed from, by filing with the administrative official notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the city and immediately forwarded to the planning commission. The administrative official shall, upon notification of the filing of an appeal and first determining the record of appeal is complete, forthwith transmit to the planning commission all materials constituting the record upon which the action appealed from was taken.

2.

The planning commission shall fix a reasonable time for a hearing, give due public notice thereof, and decide the matter within a reasonable time. At the hearing, any party, except as provided otherwise, may appear in person or by agent or attorney. All testimony before the planning commission shall be sworn and all persons so testifying shall take an oath to tell the truth under penalty of perjury.

3.

Such appeals stay all work on the premises and proceedings in furtherance of the action appealed from, unless the administrative official certifies to the planning commission that, by reason of facts stated in the certification, a stay would cause imminent peril to life and property. In such case, proceedings or work shall not be stayed other than by a restraining order which may be granted by the planning commission or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

4.

In exercising the above powers, the planning commission may, so long as such action is in conformity with the terms of the applicable provisions of the land development regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

All decisions of the planning commission pertaining to administrative appeals will be rendered in writing. The chairman of the planning commission will execute the decision, which will be circulated to the applicant, the city commission, the city manager, the city attorney, and any person requesting same at the public hearing.

Whenever the planning commission has acted on a petition or request for administrative review, special exception, or variance, the planning commission shall not then consider any petition or request for substantially the same action for a period of one year from the effective date of previous action on the petition or request.

The concurring vote of four members of the planning commission shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the applicable provisions of the land development regulations, or to effect any variation in the application of the applicable provisions of the land development regulations.

1.

Any person aggrieved by any decision of the planning commission, or any officer, department, board, commission, or department of the city, may apply to the circuit court for judicial relief within 30 days after rendition of the decision by the planning commission. The election of remedies, trial de novo, governed by state laws of civil procedure, or application for writ of certiorari, shall be the burden of the applicant.

2.

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the planning commission only on appeal from the decision of the administrative official, and that recourse from the decisions of the planning commission shall be to the courts as provided by law.

3.

It is further the intent of this chapter that the duties of the city commission in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter.