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Keystone Heights City Zoning Code

ARTICLE XXIII

AMENDMENTS

Sec. 17-256.- Amendments in general.

Amendments to the text of this chapter or to the zoning map may be made in accordance with the provisions of this article.

Sec. 17-257. - Initiation of amendments.

(a)

Whenever a request to amend this chapter is initiated by the city council, the L.P.A. or the city administration, the administrator shall draft the appropriate ordinance and present that ordinance to the council so that a date for a public hearing may be set.

(b)

Any other person may also petition the council to amend this chapter. The petition shall be filed with the administrator and shall include, among the information deemed relevant by the administrator:

(1)

The name, address, and phone number of the applicant,

(2)

A description-of the land affected by the amendment if a change in zoning district classification is proposed,

(3)

A description of the proposed map changed or a summary of the specific objective of any proposed change in the text of this chapter.

(4)

The administrator is delegated the authority and duty to promulgate and make available specific forms and necessary submittal information.

(c)

Upon receipt of a petition as provided in subsection (b), the administrator shall either:

(1)

Treat the proposed amendment as one initiated by the city administration and proceed in accordance with subsection (a) if it is a proposed change in zoning district classification or he believes that the proposed amendment has significant merit and would benefit the general public, or, if not a proposed change in the zoning district classification,

(2)

Forward the petition to the council with or without written comment for a determination of whether an ordinance should be drafted.

(d)

Upon receipt of a petition for a proposed ordinance as provided in subsection (a), the council shall forward the petition to the L.P.A. for a recommendation and set a date for a public hearing. Upon receipt of a petition for an ordinance amendment as provided in subsection (b), the council may summarily deny the petition or refer the application to staff and the L.P.A.

Sec. 17-258. - Consideration of proposed amendments.

The L.P.A. shall hold a public hearing to review the proposed amendment referred by city council and forward its recommendation to city council.

Sec. 17-259. - Hearing required; notice.

(a)

No ordinance that amends any of the provisions of this chapter may be adopted until a public hearing has been held on such ordinance.

(b)

The administrator shall publish a notice of the public hearing on any ordinance that amends the provisions of this chapter in a newspaper having general circulation in the area not less than ten days before the date fixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be.

(c)

The administrator shall post notices of the public hearing at City Hall at least ten days before the hearing. Notice shall also be given for amendments involving a change in zoning classification by prominently posting at least two signs on the property that is the subject of the proposed amendment. Such signs shall be posted at least ten days before the hearing on all road frontages and intersections adjacent to the subject property.

(d)

The notice required or authorized by this section shall:

(1)

State the date, time, and place of the public hearing,

(2)

Summarize the nature and character of the proposed change,

(3)

If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment,

(4)

State that substantial changes in the proposed amendment may be made following the public hearing.

(e)

The city staff shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the council's intention that no failure to comply with any of the notice provisions (except those set forth in subsection (b) shall render any amendment invalid.

Sec. 17-260. - Council action on amendments.

(a)

The city council shall take action in accordance with the City Charter and F.S Chapter 166.

(b)

The council is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments.

(c)

Voting on amendments to this chapter shall proceed in the same manner as other ordinances.

Sec. 17-261. - Ultimate issue before council on amendments.

(a)

In deciding whether to adopt a proposed amendment to this chapter, the central issue before the council is whether the proposed amendment advances the public health, safety or welfare.

(b)

All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the chairman and excluded. In particular, when considering proposed map amendments:

(1)

The council shall not consider any representations made by the petitioner that if the change is granted the subject property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification better advances the public health, safety or welfare than the range of uses in the existing classification.

(2)

The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large.