A land development regulation amendment may be proposed by:

1.

[The] city commission;

2.

[The] planning and zoning board;

3.

[The] board of adjustment;

4.

Any department or board of the city;

5.

Any person other than those listed in 1, 2, 3, or 4 above; provided, however, that no such person shall propose an amendment for the rezoning of property which he does not own except as agent or attorney for an owner.

All proposals for land development regulation amendments shall be submitted in writing to the office of the land development regulation administrator accompanied by all pertinent information which may be required by the planning and zoning board for proper consideration of the matter, along with, for persons under 5 above, the payment of such fees and charges as have been established by the city commission (see article 1). In the case of a petition for the rezoning of land, the land development regulation administrator shall post a sign advertising the petition for rezoning on a prominent position on said land in conformance with article 13 herein.

16.2.1.

Procedure. It is the intent of these land development regulations that all proposed amendments shall be heard in the first instance by the planning and zoning board. Within a reasonable time after a proposed amendment is filed, the planning and zoning board shall submit its report and recommendation concerning the proposed amendment to the city commission. Before making a recommendation concerning the proposed amendment, the planning and zoning board shall hold a public hearing to consider the proposed zoning amendment in conformance with article 13 of these land development regulations.

16.2.2.

Nature and requirements of planning and zoning board report. When pertaining to the rezoning of land, the report and recommendations of the planning and zoning board to the city commission required by section 16.2.1 above shall show that the planning and zoning board has studied and considered the proposed change in relation to the following, where applicable:

1.

Whether the proposed change would be in conformance with the city's comprehensive plan and would have an adverse effect on the city's comprehensive plan.

2.

The existing land use pattern.

3.

Possible creation of an isolated district unrelated to adjacent and nearby districts.

4.

The population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, streets, etc.

5.

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

6.

Whether changed or changing conditions make the passage of the proposed amendment necessary.

7.

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

8.

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

9.

Whether the proposed change will create a drainage problem.

10.

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

11.

Whether the proposed change will adversely affect property values in the adjacent area.

12.

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

13.

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

14.

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

15.

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

16.

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

When pertaining to other proposed amendments of these land development regulations, the planning and zoning board shall consider and study:

1.

The need and justification for the change.

2.

The relationship of the proposed amendment to the purposes and objectives of the comprehensive planning program and to the city's comprehensive plan, with appropriate consideration as to whether the proposed change will further the purposes of these land development regulations and other ordinances, regulations, and actions designed to implement the city's comprehensive plan.

16.2.3.

Status of planning and zoning board report and recommendations. The report and recommendations of the planning and zoning board required by section 16.2.1 above shall be advisory only and shall not be binding upon the city commission.

Within a reasonable time after receiving the planning and zoning board report and recommendation on a proposed zoning amendment, the city commission shall hold a public hearing to consider the proposed zoning amendment in conformance with article 13 herein. The city commission shall take final action on the proposed land development regulation amendment by either approving or denying the proposed amendment.

If the amendment requires the prior amendment of the city's comprehensive plan adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. ch. 163, part II, as amended) action on an amendment to the city's comprehensive plan shall be taken prior to final action on such land development regulation amendment. However, this provision shall not prohibit the concurrent review and consideration of a comprehensive plan amendment and land development regulation amendment.

No application by an owner of real property for an amendment to the official zoning atlas for a particular parcel of property, or part thereof, shall be received by the land development regulation administrator until the expiration of 12 calendar months from the date of denial of an application for an amendment to the official zoning atlas for such property, or part thereof, unless the city commission specifically waives said waiting period based upon a consideration of the following factors:

1.

The new application constitutes a proposed zoning classification different from the one proposed in the denied application.

2.

Failure to waive said 12-month waiting period constitutes a hardship to the applicant resulting from mistake, inadvertence, or newly discovered matters of consideration.