The city may amend the Land Development Regulations and zoning map(s) subject to the following requirements and procedures:

A.

Proposed changes may be suggested by the city commission, the planning commission, or in the case of zoning map amendments, by petition of the owners of 51 percent of the area involved in the proposed change. In the latter case, the petitioner(s) shall be required to assume the cost of public notice and other costs incidental to the holding of public hearings, as set forth in chapter 10 of the APM established by the city commission.

B.

Upon acceptance of the application of the petitioner(s) by the administrative official as being properly filed and in due form, with all required supporting material, or upon other valid proposal for change, the planning commission shall set a date for a public hearing.

The planning commission shall give due public notice of such hearing, as generally required, and may give additional notice as called for by the circumstances of particular cases. In the case of a zoning map amendment, all property owners within 500 feet of the subject property shall be notified in writing of the public hearing.

The planning commission is not required to hold a public hearing regarding compliance agreement remedial plan amendments which are required to be adopted pursuant to a stipulated settlement agreement entered into between the city, the Florida Department of Community Affairs, and any other intervening party.

(Ord. No. 24-2089, § 1(Exh. A), 11-21-2024)

A.

Unless the proposal for change is withdrawn by letter or other formal notice prior to the announced hearing, the hearing shall be held at the same time and place announced; provided, however that if it is postponed before the hearing is legally convened, new public notice shall be published as for the original notice. Where such postponement is at the request of the petitioner(s), the cost of new notice and other incidental costs shall be paid by the petitioner(s) as for the original petitioner.

B.

Following the hearing, the planning commission shall prepare and by motion adopt its recommendations, which may include changes from the original proposal as a result of the hearing, and shall transmit such written recommendation to the city commission. Failure of the planning commission to report within 60 days of its first meeting following receipt of the proposal, unless a longer period has been agreed upon by the city commission, shall be deemed approval by the planning commission.

Upon receipt of recommendations of the planning commission, or upon failure to receive such recommendations within the period specified above, the city commission shall set a date for its public hearing, which shall be not more than 60 days from the date the recommendation is received or the date upon which the city commission determines to take action in the absence of the recommendation due to failure of the planning commission to report.

A.

Unless the proposal is withdrawn by letter or other formal notice prior to the announced hearing, the hearing shall be held at the same time and place announced; provided, that if it is postponed before the hearing is legally convened, procedures and requirements shall be as for postponement of a hearing before the planning commission above.

B.

Following the hearing, the city commission may make appropriate changes and corrections in the proposed amendment; provided that in the case of a zoning map amendment:

1.

No additional land shall be rezoned to a different classification than was contained in the public notice;

2.

No land shall be rezoned to a less restricted classification than announced in the public notice; and

3.

No change shall be made in the proposed amendment which is different from the amendment advertised, without new advertised public notice and hearing.

4.

No land shall be rezoned to a district classification that is inconsistent with the comprehensive plan.

A.

The planning commission shall not recommend, nor the city commission pass, any amendment except on substantial proof that it is in compliance with the comprehensive plan and will serve to promote the purposes of the Land Development Regulations as provided by state law.

B.

In the case of zoning map amendment, no amendment to rezone property shall contain conditions, limitations or requirements not applicable to all other property in the district to which the particular property is rezoned.

C.

In the case of zoning map amendment, except where the proposal for such amendment involves an extension of an existing district boundary, no change in the zoning classification of land shall be considered which involves less than 40,000 square feet of area and 200 feet of continuous and contiguous street frontage and on the same side of the street, unless otherwise provided for herein. Except as provided otherwise in these Land Development Regulations (chapter 6), in case of a request for consideration of rezoning property to a commercial or industrial zoning classification, no change in the zoning classification of land shall be considered which involves less than 40,000 square feet of area and 200 feet of street frontage on a street not classified and a part of the traffic circulation element of the comprehensive plan. These street classifications are arterial and collectors.

D.

If the recommendation of the planning commission is adverse to any proposed change, such change shall not become effective except by the affirmative vote of four members of the city commission.

E.

Whenever the city commission has, in the case of a zoning map amendment, changed the zoning classification of property, the planning commission shall not then consider any petition for rezoning of any part or all of the same property for a period of one year from the effective date of the amendatory ordinance.

F.

Whenever the city commission has denied a petition for a zoning map amendment, the planning commission shall not thereafter:

1.

Consider any further application for the same rezoning on any part or all of the same property for a period of 18 months from the date of such action.

2.

Consider an application for any other kind or rezoning on any part of all of the same property for a period of one year from the date of such action.

G.

The time limits of subsections 21.1.7.E. and 21.1.7.F. above may be waived by the affirmative vote of three members of the city commission when such action is deemed necessary to prevent injustice or to facilitate proper development within the city.

The adoption of the comprehensive plan by the city commission included the adoption of a future land use map, which is a component of the future land use element.

The future land use map is the instrument used to graphically designate all lands within the corporate limits with future land use classifications. The future land use classifications determine and dictate the type of zoning district to be applied to each parcel of land within the city. The individual zoning district applied to an individual parcel of land then determines the actual uses a property owner is permitted to have on their property.

Due to unforeseen changing conditions and circumstances in and around the city, driven in part by market conditions, and migration of people to the United States and beyond local control, request will be submitted for amendments to the future land use map. Generally this request will be for change of the adopted land use classification on a parcel of land to a greater density or more intense land use classification.

Petitions for such amendments will require review by city staff to determine, if granted, the internal consistency with all of the other plan elements, what impacts such change would have on public facilities, the compatibility with adjoining land uses, existing and projected, and if the concurrency management system conditions and level of service standards can be met.

A future land use map amendment is required to be submitted to the department of community affairs for review. The purpose of the DCA review is to determine if the proposed Map amendment is in compliance with the applicable provisions of F.S. ch. 163. Amendments to the plan, including future land use map amendments, may be made not more than two times during any calendar year except as provided for in F.S. § 163.3187.

(Ord. No. 08-1334, § 2, 9-4-2008)

Editor's note— Ord. No. 08-1334, § 2, adopted Sept. 4, 2008, repealed § 21.2.2 which pertained to map amendment frequency and derived from the original land development regulations.

Future land use map amendments are required as a result of the following actions:

1.

Annexation of lands into the city;

2.

Petitions by property owner(s);

3.

Initiation by the local planning agency; and

4.

Initiation by the city commission.

A.

A petition must be filed by a property owner(s) with the administrative official for a map amendment, either as a result of annexation or a desired change in intent of land use, or in the case of city initiation, the administrative official shall set in motion the public hearing process as required by law. In the case of property owner petition, the application will be reviewed for completeness and the petitioner notified of any deficiencies . Deficient material shall then be submitted within seven calendar days of notice for the request for Map amendment to be processed. In no circumstance will deficient petitions be reviewed after 20 days from the final date the city receives the completed packet. In both instances, the local planning agency shall hold an advertised public hearing, on the proposed map amendment and its recommendation to the city commission. The city commission shall hold at least two advertised public hearings on the proposed amendment as follows:

1.

The first public hearing by the city commission shall be held at the transmittal stage in compliance with F.S. ch. 163.3184(3). It shall be held on a weekday approximately seven days after the day that the first advertisement is published. The intention to hold and advertise a second public hearing shall be announced at the first public hearing.

2.

Following the first advertised transmittal public hearing by the city commission, the city shall immediately send copies of the map and the effected plan elements amended to the department of community affairs (DCA) for written comment. The DCA and reviewing agencies shall submit a written objections, recommendations and comments (ORC) report finding that the map amendment is either in compliance or not in compliance with state law. The second advertised public hearing by the city commission and second reading of the ordinance shall be held to adopt the amendment in compliance with F.S. § 163.3184(7). It shall be held on a weekday approximately five days after the day the second advertisement is published. The amendment action shall become effective following the second reading of the ordinance, subject to a determination of compliance with state law by DCA. Submission requirements of F.S. § 163.3184(7) shall be met.

B.

The city commission has the right to deny the request for map amendment. If the city commission should choose not to adopt the proposed amendment, the administrative official shall send a letter to DCA indicating that the previously transmitted amendment will not be adopted.

If the proposed map amendment is found to be not in compliance with state law, the process described in F.S. § 163.3184(10) shall be followed unless the petitioner withdraws the petition or in the instance of city initiation, the city withdraws its proposed map amendment.

(Ord. No. 08-1334, § 2, 9-4-2008)

A.

Any future land use map amendment to be considered for approval and adoption by the city commission shall be found to be internally consistent with the applicable goals, objectives and policies of the plan elements of the comprehensive plan.

B.

Potential impacts of land uses that may be permitted as a result of any future land use map amendment to be considered for approval and adoption by the city commission shall be reviewed to determine if the concurrency management system conditions and level of service standards can be met.

C.

A report from city staff, establishing whether the proposed map amendment is or is not internally consistent with the applicable goals, objective and policies of the comprehensive plan and whether or not the proposed map amendment meets the concurrency management system requirements, shall be submitted to the local planning agency and the city commission for use and consideration at public hearings.

All lands which may hereafter be annexed into the city shall be classified in the same future land use classification as the predominant contiguous lands inside previous city limits until otherwise classified. Should the petitioner for annexation request or should the city initiate, at the time of annexation, a future land use classification different from the predominant contiguous lands inside previous city limits, the future land use amendment process outlined above shall be followed.

A.

Small scale map amendments are classified as follows:

1.

Residential land use of less than ten acres with a density of ten units per acre or less; or

2.

Involves other land use categories, singularly or in combination with residential uses of ten acres or less. (i.e. commercial, institutional and residential combined or commercial and residential but not just ten or less acres of commercial.)

B.

A petition for a small scale map amendment(s) may be submitted and considered by the city at any time during the calendar year. Such petitions shall comply with the applicable requirements of the LDR and the APM.

C.

No more than 80 total acres shall be amended by land use categories by the city within a calendar year.

D.

Proposed small scale map amendments shall not involve the same property(s) more than once within a calendar year.

E.

Proposed small scale map amendments shall not involve the same owner's property within 200 feet of property granted a change within the prior 12 months.

F.

Proposed small scale map amendments are prohibited in the Green Swamp Area of Critical State Concern as per F.S. § 163.3187(1)(c).1.d.

G.

Legal notices shall comply with the content provisions of Ch. 163.3184(15)(c). No one-fourth page ads are required for small scale map amendments if the legal ad complies with the content provision of [Ch. 163.3184(15)(c)].

H.

Small scale map amendments require only one public hearing before the governing body, which shall be an adoption hearing as described in Ch. 163.3184(7). (The planning commission will need to hold an advertised public hearing as required in this chapter 21. There is no transmittal hearing. However, the city commission will still be required to have two readings of the adoption ordinance.)

I.

The city shall send a copy of the plan amendment to DCA.

(Ord. No. 08-1334, § 2, 9-4-2008)