The city council may from time to time on its own motion, or on petition, or on recommendation of the planning and zoning board or any department or agency of the city, amend, supplement, or repeal the regulations and provisions of this ordinance.

(1)

Review by planning and zoning board: Every such proposed amendment or change, whether initiated by the city council or by petition, shall be referred to the planning and zoning board who shall study such proposals to determine:

(A)

The need and justification for the change.

(B)

When pertaining to the rezoning of land, the effect of the change, if any, on a particular property and on surrounding properties.

(C)

When pertaining to the rezoning of land, the amount of undeveloped land in the general area and in the city having the same classification as that requested.

(D)

The relationship of the proposed amendment to the purpose of the city's plan for development with appropriate consideration of this ordinance and the plan.

(2)

No recommendation for change or amendment which pertains to the rezoning of land, redefining use districts, or changing district regulations, including permitted conditional land use, shall be considered by the board until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Indian Harbour Beach area in advance of the hearing date, and a copy of said notice shall be posted on the property for which a zoning change is sought and at City Hall.

(3)

When the proposed change or amendment pertains to the rezoning of land, a courtesy notice shall be mailed to the property owners of record within a radius of five hundred (500) feet; provided however, that failure to mail or receive such courtesy notice shall not affect any action or proceeding taken hereunder. The notice shall state the general nature of the proposed amendments as well as the text.

All applications for a rezoning shall contain a non-binding concept plan containing the following:

a.

Number and size of proposed principal buildings to be located upon the property;

b.

Lay-out and location of proposed principal buildings on the property;

c.

Height of proposed principal buildings on the property;

d.

A statement whether any private restrictions govern the development of the property.

In addition, the application shall also include a proposed schedule for community engagement as required by subsection (8) herein.

The applicant requesting any change of zoning for which a courtesy notice is required to be mailed by the city shall, with his application for such rezoning, submit to the city a list of the names and addresses of all property owners to whom such courtesy notice is to be mailed. Such list shall be compiled from the real property tax rolls of Brevard County, Florida. Any failure in mailing or receiving such courtesy notice shall not affect any action or proceedings with respect to the rezoning or other amendment under consideration.

(4)

When any proposed change of a zoning district boundary lies within five hundred (500) feet of an adjoining incorporated or unincorporated area, notice shall be forwarded to the planning board or governing body of such adjoining incorporated or unincorporated areas in order to give such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change.

(5)

The planning and zoning board, after conducting the public hearing as hereinabove provided, shall submit the request for amendment or change to this ordinance to the city council together with its written recommendations for approval or denial based on findings made at the public hearing.

(6)

Limitations: No proposal for zoning change or amendment affecting particular property or properties shall contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned. When a parcel of land has less than two hundred (200) feet of street frontage and less than forty thousand (40,000) square feet of area, no amendment shall be enacted to change the zoning classifications except to the existing zoning classification of property adjoining said parcel.

(7)

Limitations of subsequent applications: Whenever any application for a variance or change of zoning shall have been finally determined by action of the city council, no other or further application for a variance or change of zoning with reference to all or any portion of the particular property described in the original application shall be considered for a period of six (6) months following the date of such action. Should conditions affecting such property materially change or should a modified plan for a variance or rezoning be presented to the city council, either of which, in the opinion of the city council, would justify action before the expiration of such six-month period, the council, by the affirmative vote of four (4) of its members, may permit the filing of such application for a variance or rezoning notwithstanding provisions of this section to the contrary.

(8)

Community engagement.

(A)

Purpose. The purpose of community engagement is to:

(1)

Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts the proposed project may have on the community.

(2)

Ensure that citizens have an adequate opportunity to learn about projects that may affect them and to work with applicants to resolve concerns at an early stage of the review and decision-making process.

(3)

Facilitate ongoing communication between the applicant, interested citizens, city staff, appointed and elected officials throughout the application review process.

(4)

The community engagement meeting is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision-making.

(B)

Applicability.

(1)

Every application for development that requires a land use change, rezoning, special exception, conditional land use, PUD zoning or development agreement shall include evidence of a community engagement meeting that must be conducted at least fourteen (14) days prior to the first public meeting conducted by the city. Evidence of a community engagement meeting is required prior to the item being considered in a public meeting conducted by the city.

(C)

Evidence of meeting. Evidence of a community engagement meeting shall include:

(1)

Information demonstrating how the public was noticed consistent with the courtesy notice procedures set forth in Article XIX of Appendix A. The applicant's notice shall clearly:

a.

Designate the party sending the notice; and

b.

State the times and dates of the scheduled public meetings being conducted by the city.

(2)

A copy of the written notice that introduces the application and describes the impact it may have on the surrounding properties. A copy of the proposed concept plan required under section 3, Article XIX shall be available at the community engagement meeting. The notice should include: A contact name, phone number, address where parties may address questions and location of the community engagement meeting:

a.

A community engagement meeting sign-in sheet that indicates the number of people in attendance.

b.

A report including the following information, at a minimum:

1.

Summary of the substance of concerns, issues and problems expressed during the process.

2.

Description of how the applicant has addressed, or intends to address, the concerns, issues and problems expressed during the process.

3.

Identification of concerns, issues and problems the applicant is unwilling or unable to address, if any, and a statement as to why the issue cannot or will not be addressed.

(Ord. No. 2022-05, §§ 2, 3, 6-28-22)

State Law reference— Procedure for passage of ordinances rezoning private property, F.S. § 166.041(3)(c).