This chapter may, from time to time, be amended, supplemented, or repealed. The town council shall be designated as the local planning agency within the meaning of F.S. ch. 163.3161 et seq., which is cited as the Local Government Comprehensive Planning and Land Development Regulation Act. It is hereby determined that the responsibilities of the land development regulation commission, as set forth in F.S. § 163.3164(21), shall be performed by the town local planning agency, which is also the town council. All proposed comprehensive plan amendments shall be evaluated by staff, the town council sitting as the local planning agency, and the town council for consistency with the comprehensive development plan of the town, and shall not be approved unless found to be consistent with the comprehensive plan. It is also the intent of the town that all rezoning shall be in accordance with and serve to implement the Local Government Comprehensive Planning and Land Development Regulation Act. It is intended that the applicant for a rezoning provide information which is sufficient to determine whether the proposed rezoning is consistent with the comprehensive plan and F.S. ch. 163. The materials submitted by the applicant may be imposed by the town council as requirements or limitations with regard to subsequent development of the property, and the town council may impose any other requirements or limitations in order to ensure that the development of the property is consistent with the comprehensive plan and ensure that impacts created by the development are mitigated. This section shall apply to all rezoning applications which are submitted after February 9, 1990.

(Ord. No. 225, § 2(10-43A.), 2-8-90)

All applications for amendments to this chapter and/or to the comprehensive development plan or any portion thereof and all notice provisions shall be in accordance with the mandates set forth in F.S. ch. 163 and F.S. ch. 166.

(Ord. No. 225, § 2(10-43B.1), 2-8-90)

Notice of ordinances initiated by the town proposing to change the actual zoning map designation for a parcel of land which involves less than ten contiguous acres shall be given as follows:

(1)

The town shall notify by mail each real property owner within the town whose land the town proposes to redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. Notice by mail shall also be provided to all landowners within 300 feet of the property directly affected by the proposed redesignation. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the town hall. The town council shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

(2)

Prior to the public hearing held by the town council, such redesignation proposal shall be submitted to the local planning agency, which shall hold a public hearing thereon with public notice to members of the public. The notice shall state the substance of the proposed ordinance and shall state the time and place for the public hearing before the local planning agency, as well as the time and place for the public hearing before the town council. The local planning agency shall submit its recommendation to the town council prior to the public hearing held by the town council. For purposes of this chapter, public notice shall be deemed sufficient when notice shall be published in a newspaper of general circulation within the town on two occasions: The first at least 15 days prior to the public hearing, and the second at least five days prior to the public hearing at the local planning agency.

(Ord. No. 225, § 2(10-43B.2), 2-8-90)

State Law reference— Procedure for adoption of ordinances, F.S. § 166.041(3).

Notice of ordinances initiated by the town proposing a change in the actual zoning map designation of parcels of land or a change in the actual list of permitted, conditional or prohibited uses within a zoning category which involves ten contiguous acres or more of land in the town shall be given as follows:

(1)

The town council shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday unless the town council, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

(2)

The required advertisement shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the town and not one of limited subject matter, pursuant to F.S. ch. 50, as amended. It is intended that wherever possible, the advertisement appear in a newspaper that is published at least five days a week. The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The Town of Haverhill proposes to adopt the following ordinance: (title of the ordinance).

A public hearing on the ordinance will be held on the _____ day of ________, 19___, at _____ o'clock _______.m., in the Town Council Chambers, 4585 Charlotte Street, West Palm Beach, Florida.

Except for amendments which change the actual list of permitted, conditional or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

(3)

In lieu of publishing the advertisement set forth in this section, the town may mail a notice to each person owning real property within the area covered by the ordinance whose address is known by reference to the latest ad valorem tax records. Notice by mail may also be provided to all landowners within 300 feet of the property directly affected by the proposed action. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance.

(4)

Prior to the public hearing held by the town council, such proposal to change the actual zoning map designation of a parcel of land shall be submitted to the local planning agency which shall hold a public hearing thereon with notice to members of the public. The notice shall state the substance of the proposed ordinance and shall state the time and place for the public hearing before the local planning agency, as well as the time and place for the public hearing before the town council. The local planning agency shall submit its recommendations to the town council prior to the public hearing held by the town council. For purposes of this chapter, public notice shall be deemed sufficient when notice shall be published in a newspaper of general circulation within the town on two occasions: The first at least 15 days prior to the public hearing, and the second at least five days prior to the public hearing at the local planning agency level.

(Ord. No. 225, § 2(10-43B.3), 2-8-90)

State Law reference— Procedure for adoption of ordinances, F.S. § 166.041(3).

All application procedures, public hearings and notice requirements for comprehensive development plan amendments shall follow requirements as set forth in the state law, specifically, F.S. ch. 163.

(Ord. No. 225, § 2(10-43B.4), 2-8-90)

State Law reference— Adoption of comprehensive plan amendments, F.S. § 163.3184.

Where a change in the actual zoning map designation of a parcel of land would occur pursuant to an amendment to the comprehensive development plan, the two applications shall be processed simultaneously but as two separate petitions, except where provided for otherwise by any section of the town code. This simultaneous procedure shall also apply for applications for a change in the actual zoning map designation of a parcel of land and would necessitate an application for an amendment to the comprehensive development plan.

(Ord. No. 225, § 2(10-43B.5), 2-8-90)

Amendments to this chapter and/or amendments to the comprehensive development plan shall be initiated only by the town council, the local planning agency, or by the petition of the owners of 51 percent or more of the area involved in the proposed amendment.

(Ord. No. 225, § 2(10-43B.6), 2-8-90)

An application, on the forms provided by the town, shall be submitted with the required fee in order to initiate an amendment to this chapter and/or to the comprehensive development plan and shall contain, at a minimum, the following information:

(1)

The name, address, and phone number of all owners, applicants, and agents.

(2)

A statement of the applicant's interest in the development of the property.

(3)

Intended use of the site.

(4)

Existing zoning district and proposed zoning district.

(5)

Existing category shown on the future land use map, and proposed category.

(6)

Street address or location of the subject parcel.

(7)

A copy of the last recorded warranty deed.

(8)

If the ownership is under joint or several ownership, a written consent to the application by all owners of record.

(9)

If the applicant is a contract purchaser, a copy of the purchase contract and written consent of the owner and seller.

(10)

If the applicant is represented by an authorized agent, a copy of the agency agreement or written consent of the applicant.

(11)

If the applicant is a lessee, a copy of the lease agreement and the written consent of the owner.

(12)

If the applicant is a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that such person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that applicant is, in fact, an officer of the corporation.

(13)

A sealed boundary survey of the subject parcel by a surveyor registered in the state, dated not more than six months prior to the date of submission of the application, at a scale prescribed by the town, and containing the following information:

a.

An accurate legal description of the subject parcel; and

b.

A computation of the total acreage of the subject parcel to the nearest 1/100 of an acre.

(14)

A copy of the county property appraiser's maps showing all of the properties within 300 feet of the property directly affected by the proposed action.

(15)

A listing of the names and addresses of all property owners within 300 feet of the property directly affected by the proposed action.

(16)

A statement by the applicant justifying the requested zoning change and/or change in the comprehensive development plan, including reasons why the property is unsuitable for development under the existing zoning and/or comprehensive plan designation and more suitable for development under the proposed zoning and/or comprehensive plan designation.

(Ord. No. 225, § 2(10-43B.7), 2-8-90)

Fees shall be paid at the time that the application is submitted, according to the fee schedule adopted by the town council by resolution.

(Ord. No. 225, § 2(10-43B.8), 2-8-90)

The planning department (town planner) shall receive all applications and shall review such applications for completeness. Copies of such applications shall be transmitted to the town clerk for public notice and/or notification of the surrounding property owners, in accordance with the requirements set forth in this article. The town council may specify certain periods of time during which applications may be submitted.

(Ord. No. 225, § 2(10-43B.9), 2-8-90)

The town planner shall evaluate applications with respect to the following criteria:

(1)

Whether the proposed rezoning and/or comprehensive plan amendment would be consistent with applicable comprehensive plan policies. The town planner shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan.

(2)

Whether the proposed rezoning and/or comprehensive plan amendment would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare.

(3)

Whether changed or changing conditions made the proposed rezoning and/or comprehensive plan amendment desirable.

(4)

Whether the proposed rezoning and/or comprehensive plan amendment would be compatible with utility systems, roadways, and other public facilities.

(5)

Whether the proposed rezoning and/or comprehensive plan amendment would be compatible with current and future use of adjacent and nearby properties, or would adversely affect the property values of adjacent and nearby properties.

(6)

Whether the property is physically developable under existing zoning.

(7)

Whether the proposed rezoning and/or comprehensive plan amendment is of a scale which is reasonably related to the needs of the neighborhood and the town as a whole.

(8)

Whether there are adequate sites elsewhere in the town for the proposed use, in districts where such use is already allowed.

(Ord. No. 225, § 2(10-43B.10), 2-8-90)

The planning department (town planner) shall transmit its findings and recommendations, together with the application and materials submitted by the applicant as listed in this article, to the local planning agency for review as to consistency of the proposed zoning and/or comprehensive plan amendment with comprehensive plan policies and with respect to other town policies and with respect to other town policies and code requirements.

(Ord. No. 225, § 2(10-43B.11), 2-8-90)

Applications for rezoning and/or land use amendments shall be advertised consistent with applicable requirements of state statutes and as set forth in this article.

(Ord. No. 225, § 2(10-43B.12), 2-8-90)

The local planning agency shall conduct a public hearing, consistent with applicable requirements of state statutes. After conducting the public hearing the local planning agency shall recommend to the town council either that the application be approved, approved subject to the modifications, or denied. The local planning agency shall base its recommendations upon findings which may be based on the report by the planning department (town planner) and/or staff comments, or may be based on the materials submitted by the applicant, or both. If the local planning agency votes to recommend approval of the rezoning and/or comprehensive plan amendment, such findings shall include a statement that the proposed rezoning and/or comprehensive plan amendment is consistent with the comprehensive plan. Where the local planning agency recommends limitations or requirements as conditions of rezoning and/or comprehensive plan amendments, the local planning agency shall also include a finding that such limitations and requirements are necessary for consistency with the comprehensive plan.

(Ord. No. 225, § 2(10-43B.13), 2-8-90)

The town council shall conduct a public hearing consistent with applicable requirements of state statutes and as set forth in this article. After conducting the public hearing, the town council shall either vote to approve the application, approve the application subject to modifications, or deny the application. The town council shall base its action on findings which may be based on the recommendations of the local planning agency, the report of the planning department (town planner) and other staff reports, or the materials submitted by the applicant, or a combination of all of the above. If the town council votes to approve the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive plan. The town council may approve any zoning district, land use category or type and intensity of use which is the same as or less intensive than that which was requested in the application, or which covers the same area or a lesser area than was requested in the application, provided that the area does not extend beyond the property described in the application. The town council shall adopt an ordinance to amend the official zoning map, in accordance with applicable requirements of state statutes and as provided for in this article. Where an amendment to the comprehensive plan is proposed in conjunction with an amendment to this chapter, the procedures set forth in F.S. § 163.3184 for review of such proposed amendments by the state shall also be utilized. Where the town council votes to impose limitations or requirements as conditions of rezoning, the town council shall also include findings that such limitations and requirements are necessary for consistency with the comprehensive plan.

(Ord. No. 225, § 2(10-43B.14), 2-8-90)

Within one year after the date of final action by the town council or withdrawal of the application by the applicant, no application for like or similar zoning may be submitted with regard to the same property. Only an application which is substantially less intensive may be submitted within the time limitations specified above. For the purpose of this section, the expression "substantially less intensive" shall mean one or more of the following:

(1)

A less intensive zoning district or a change to less intensive uses;

(2)

A decrease in the maximum height of proposed structures by not less than one story, where the proposed height of the structure was found to be inappropriate by the town council;

(3)

A decrease in the area of the parcel to be rezoned, by not less than 25 percent;

(4)

A decrease in the number of dwelling units by not less than 25 percent for proposed residential zoning districts;

(5)

A decrease in floor area of not less than 25 percent for proposed nonresidential districts;

(6)

A decrease in traffic generated of not less than 25 percent; or

(7)

A decrease in water consumed or sewage collected of not less than 25 percent.

(Ord. No. 225, § 2(10-43B.16), 2-8-90)

After notice of the public hearing has been published or notification has been mailed to surrounding property owners, the application may not be modified before final adoption of the ordinance to rezone and/or to amend the comprehensive development plan, so as to include any areas outside of the parcel described on the original application; increase the number or intensity of uses; request a more intensive zoning; increase the height of proposed structures; increase traffic levels on local streets through residential neighborhoods; increase the floor area or number of dwellings; or substantially increase the level of any measurable impact, nuisance, or hazard, compared to that which was shown in the original application. All such changes shall require a new application. Changes which decrease any of the impacts listed above may be requested by the applicant, recommended by the planning department (town planner), local planning agency, or required by the town council or state, without requiring a new application.

(Ord. No. 225, § 2(10-43B.16), 2-8-90)

If no site plan is submitted where site plan approval is required, or the first plat is not recorded where platting is required, or a conforming use is not established within 18 months of final approval of the change in land use or rezoning by the town council, or if a variance or special exception expires or is other terminated, the town council shall review the zoning of the property at anytime thereafter and may instruct the town administrator to file an application to a more restrictive zoning district and/or comprehensive land use category and the town council may rezone and/or change the land use to a more restrictive zoning or land use. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or comprehensive land use plan category.

(Ord. No. 225, § 2(10-43B.17), 2-8-90; Ord. No. 415, § 1 (Exh. A), 8-23-12)

The town clerk shall keep records of all requirements and limitations imposed at the time of rezoning and shall transmit a copy of the same to the applicant and make the same available for inspection by the public.

(Ord. No. 225, § 2(10-43B.18), 2-8-90)