This chapter, including the zoning map, may from time to time be amended by the city council. Before enacting any amendment, the city council shall give public notice and a public hearing shall be held as set forth by this article.

(Ord. No. 85-8, § 2, 5-21-85)

(a)

General. Application for amendment may be in the form of a proposal for amendment of the text of this chapter or a proposal for amendment of the zoning map. A proposed map change may be for a zoning district classification considered to be either more or less restrictive than the zoning district currently applied.

(b)

Application limitations. No application for amendment of the zoning map shall be accepted for filing if all or any portion of the land which is the subject of the application was part of a previous application meeting any of the following conditions:

(1)

An application denied by the city council for the same rezoning within the previous twelve-month period;

(2)

An application denied by the city council for any other type of rezoning within the previous six-month period;

(3)

An application allowed to be withdrawn by the city council within the previous six-month period.

The time limits set forth above may be waived by the city council when such action is deemed necessary to prevent injustice or to facilitate the proper development of the city.

(c)

Eligible applicants.

(1)

Text amendment. Proposals for the amendment of the text of this chapter may be made by the city council, the planning and zoning board, other departments and agencies of the city, other governmental agencies having jurisdiction within the city, residents of the city, owners of property within the city, and other persons and organizations having a demonstrated concern or financial interest relative to development and/or improvement of the city.

(2)

Map amendment. Proposals for the amendment of the zoning map may be made by the city council, the planning and zoning board, other departments and agencies of the city, and owners (including authorized agents and attorneys therefor) of real property within the city. Proposals made by owners of real property shall require petition by owners of no less than fifty-one (51) percent of the land area involved in the proposed change.

(d)

Application requirements.

(1)

General. An application for amendment shall be made by use of standard forms as may be provided therefor by the chief building official, and shall conform to all requirements set forth herein or as otherwise necessary for proper review and consideration of the proposal. An application for amendment shall be signed by the applicant, shall state his name and address, and shall be verified under oath by the applicant.

(2)

Text amendment. An application for a text amendment shall set forth the new text proposed to be added and/or the existing text proposed to be deleted, together with a statement substantiating the need and justification for the amendment relative to the development and/or improvement of the city.

(3)

Map amendment. An application for a map amendment shall include the following information:

a.

The street address(es) of the land proposed to be rezoned or, if none, the location with respect to the nearby public roads in use;

b.

A full and accurate legal description of the land proposed to be rezoned, utilizing the most appropriate of the following methods:

1.

Description by metes and bounds, utilizing bearings and distances;

2.

Description by reference to section, township, and range;

3.

Description by reference to lot, block, subdivision name, and plat book and page number(s), relative to a subdivision plat recorded in the land records of Pinellas County.

c.

The current zoning district classification(s) and the classification(s) proposed for such land;

d.

The area of the land proposed to be rezoned, stated in square feet if less than one (1) acre, and in acres if one (1) acre or more;

e.

The name(s) and address(es) of the owner(s), the applicant (if other than the owner), and the authorized agent (if any);

f.

A copy of the ownership deed or, if submitted by other than the owner(s) or his authorized representative, a notarized statement by the owner(s) authorizing the application and a copy of a purchase agreement document;

g.

A statement substantiating the need and justification for the rezoning of the land relative to the development and/or improvement of the city;

h.

Any additional data or information deemed reasonably necessary by the city or by the applicant for proper review and consideration of the proposal.

(4)

Filing fee. No application for amendment shall be accepted by the chief building official unless it is accompanied by a filing fee in the amount set forth in chapter 25 of the Code of Ordinances to cover the expenses of handling the amendment application, providing public notice, taking an official record at public hearings, and for other purposes. No fee shall be refunded.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-02, § 7, 2-15-05)

Every proposal and/or petition for amendment of the text of this chapter or the zoning map, whether originated by a board or agency of the city itself or by private parties, shall be submitted to the planning and zoning board for review and recommendation. As a part of its recommendation on any application, the planning and zoning board shall include its findings as to the consistency of the application proposal with the comprehensive plan, or any element or portion thereof, which has been adopted by the city council. The recommendation of the planning and zoning board shall be entered into the official record of the application and shall be considered by the city council prior to the taking of official action upon the application.

(Ord. No. 85-8, § 2, 5-21-85)

Prior to any amendment of the text or map of this chapter, due notice shall be provided and the city council shall hold one (1) or more public hearings, as required by Chapter 166, Florida Statutes, and the Charter of the City of Gulfport.

(Ord. No. 85-8, § 2, 5-21-85)

Any interested persons shall have the right to submit oral or written testimony at the hearings. All testimonies and exhibits submitted at the hearings, including the application, shall be incorporated into the application file and shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant, or unduly repetitious may be excluded. The hearings may be adjourned from time to time to dates established by public announcement at said hearings and shall be the earliest practical dates for resumption of the hearings.

(Ord. No. 85-8, § 2, 5-21-85)

In its deliberation and consideration of applications for amendment, the city council shall utilize the following guidelines and procedures:

(1)

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

(2)

The city council may dismiss any application if it finds that:

a.

The application does not conform to the procedural requirements of this article; or

b.

The application is found to be in violation of the time limits set forth in section 22-12.02(b); or

c.

The application is found to be frivolous or filed for purposes of harassment;

(3)

The city council may allow an application to be withdrawn at any time, provided that any subsequent application involving all or part of the land forming a part of said withdrawn application shall be subject to the time limitations set forth in section 22-12.02(b);

(4)

If an application is not dismissed or allowed to be withdrawn as herein provided, it shall either be approved or denied on the merits. In the case of denial, any subsequent application involving all or part of the land forming a part of said denied application shall be subject to the time limitations set forth in section 22-12.02(b);

(5)

No application for a text amendment shall be approved affecting specific property or properties which contains conditions, limitations, or requirements not generally applicable to all other property regulated by the zoning district classification in question; and no application for a map amendment shall be approved for a specific property or properties which contains conditions, limitations, or requirements not generally applicable to all other properties regulated by the zoning district classification(s) to which the particular property is proposed to be rezoned;

(6)

No application for a map amendment shall be approved for a type of zoning district other than that for which an application has been made;

(7)

No application for a map amendment shall be approved for a greater area than applied for, but an application may be approved for a smaller area if the rezoning of such smaller area is supported by the evidence of record and such smaller area is accurately described in the record;

(8)

In its consideration of an application for a text or map amendment, the city council shall carefully review its relationship to the comprehensive plan, or element or portion thereof, which has been adopted. No application shall be approved which is found to be inconsistent with the adopted comprehensive plan, or element or portion thereof;

(9)

The decision of the city council approving, denying, or dismissing any application for text or map amendment shall be rendered within sixty (60) days after public hearing is heard thereon. Approval of rezoning shall require at least three (3) affirmative votes;

(10)

All decisions of the city council shall be made in open session and the ordinance or resolution embodying the decision approving, denying, or dismissing any application shall not be valid unless it is incorporated into the minutes of the meeting at which such action is taken;

(11)

Any ordinance or resolution embodying the decision of the city council approving, denying, or dismissing any application shall be filed in the office of the city clerk and a copy shall be provided to the applicant upon request.

(Ord. No. 85-8, § 2, 5-21-85)

An ordinance enacted by the city council to amend the zoning text or zoning map shall be filed by the city clerk with the Florida Department of State within ten (10) days after enactment, and shall take effect upon receipt of official acknowledgment from that office that said ordinance has been filed, unless said ordinance prescribes a later effective date.

(Ord. No. 85-8, § 2, 5-21-85)

Immediately following the enactment of an ordinance amending the zoning text or zoning map, a copy of said ordinance shall be filed in the office of the chief building official for use in the administration and enforcement of the zoning code. The city clerk shall make appropriate changes to incorporate said ordinance into the text of the zoning code or onto the official zoning map maintained in the office of the city clerk, and shall similarly incorporate said ordinance into all copies of said code or map utilized for zoning administration and distribution to the public.

(Ord. No. 85-8, § 2, 5-21-85)