A land development regulation amendment may be proposed by:

1.

Board of County Commissioners;

2.

Planning and Zoning Board;

3.

Board of Adjustment;

4.

Any department or board of the county;

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 or she 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 Board of County Commissioners (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 and clearly visible to the public 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 Board of County Commissioners.

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 Board of County Commissioners required by section 16.2.1 above shall show that the Planning and Zoning Board has considered the proposed change in relation to the following, where applicable:

1.

Conformity with the comprehensive plan and the effects upon the comprehensive plan.

2.

The existing land use pattern.

3.

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

4.

The impact of the proposed change upon the population density pattern and the load on public facilities such as schools, utilities, streets, etc.

5.

The existing district boundaries in relation to existing conditions on the property proposed for change.

6.

Changed or changing conditions which justify the recommended action on the proposed amendment.

7.

The impact of the proposed change upon living conditions in the neighborhood.

8.

The impact of the proposed change upon traffic with particular regard to congestion or other public safety matters.

9.

The impact of the proposed change upon drainage.

10.

The impact of the proposed change upon light and air to adjacent areas.

11.

The impact of the proposed change upon property values in the adjacent area.

12.

The impact of the proposed change upon the improvement or development of adjacent property in accordance with existing regulations.

13.

The granting of a special privilege to an individual owner as contrasted with the needs of the overall public welfare.

14.

Substantial reasons, if any, why the property cannot be used in accordance with existing zoning.

15.

The impact of the proposed change with regard to the scale of needs within the neighborhood or the county.

16.

The availability of alternate, adequate sites in the county in districts already permitting such use.

When pertaining to other proposed amendments of these land development regulations. The Planning and Zoning Board shall consider:

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 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 comprehensive plan.

16.2.3 Staff report and recommendations. County staff shall make recommendations to the Board of County Commissioners, local planning agency, and Planning and Zoning Board concerning comprehensive plan amendments and rezonings based upon the relationship of the proposed amendment to the purposes and objectives of the comprehensive planning program and to the 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 comprehensive plan.

16.2.4 Status of Planning and Zoning Board report and recommendations. The report and recommendation of the Planning and Zoning Board required by section 16.2.1 above shall be advisory only and shall not be binding upon the Board of County Commissioners.

(Ord. No. 06-40, § 1, 11-16-06)

Within a reasonable time after receiving the Planning and Zoning Board report and recommendation on a proposed zoning amendment, the Board of County Commissioners shall hold a public hearing to consider the proposed zoning amendment in conformance with article 13 herein. The Board of County Commissioners 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 comprehensive plan adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. §§ 163.3161—163.3215), action on an amendment to the 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 Board of County Commissioners 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.

16.6.1. Applicability. This section shall govern all quasi-judicial proceedings before the Board of County Commissioners wherein the lack of a quorum due to recusals by county commissioners would prevent a hearing.

16.6.2. In the event that a quorum of the Board of County Commissioners is impossible due to recusals by the Board of County Commissioners, the Board of County Commissioners shall appoint and retain a hearing officer to conduct the quasi-judicial hearing required by these land development regulations. A hearing officer retained by the Board of County Commissioners shall be an attorney licensed in the State of Florida who has practiced law in the State of Florida for at least five years, and who has experience in land use law, real estate law, local government law, or administrative law. No hearing officer shall represent clients before any county agency during the period in which he serves as a hearing officer. Each hearing officer shall serve at the pleasure of the Board of County Commissioners, and shall be compensated at a rate to be fixed by the county attorney.

16.6.2.1. In lieu of a hearing officer retained pursuant to section 16.6.2, above, the Board of County Commissioners may contract with the Florida Division of Administrative Hearings for the service of an administrative law judge.

16.6.2.2. No county employee, elected official or other person who is or may become a party to a proceeding before an hearing officer or administrative law judge shall engage in an ex parte communication with the hearing officer or administrative law judge. Discussions between the hearing officer or administrative law judge and county staff that pertain solely to scheduling and other administrative matters unrelated to the merits of the appeal are not prohibited. If a person engages in an ex parte communication with the hearing officer or administrative law judge, the hearing officer or administrative law judge shall place on the record of the pending case all ex parte written communications received, all written responses to such communications, a memorandum stating the substance of all oral communications received and all oral responses made, and shall advise all parties that such matters had been placed on the record. Any party desiring to rebut the ex parte communication shall be entitled to do so, but only if such party requests the opportunity for rebuttal within ten days after notice of such communication or, if the final hearing is scheduled sooner than ten days, prior to the end of the final hearing. If he deems it necessary due to the effect of an ex parte communication received, the hearing officer may withdraw from the case.

16.6.3. Hearing procedures. All hearings conducted under this section shall be conducted pursuant to the procedures set forth in article XIII of these land development regulations.

16.6.3.1. At the conclusion of the hearing, the hearing officer or administrative law judge shall consider all relevant evidence and the proposed findings submitted by the parties, and shall file a recommended order with the clerk to the Board of County Commissioners within 30 calendar days of the date of the hearing. The recommended order shall approve or deny, in whole or in part, the request of the petitioner; and shall include findings of fact and conclusions of law, separately stated within the recommended order.

16.6.3.2. The Board of County Commissioners shall consider the recommended order for adoption at the earliest available regular meeting of the Board of County Commissioners for which public notice of the matter may be made.

16.6.3.3. Decisions by the Board of County Commissioners based on the recommendation issued pursuant to this section may be challenged in the Circuit Court of the Eighth Judicial Circuit by petition for writ of certiorari filed no later than 30 calendar days after the decision is rendered.

16.6.3.4. The county shall not provide or prepare a record of the proceedings before the hearing officer or administrative law judge. If a person decides to appeal any decision made by Board of County Commissioners on recommendations from a hearing officer or administrative law judge and such person needs a record of the proceedings or of the proceedings on the recommended order, such person will need to ensure that a verbatim record of the proceedings and the Board of County Commissioners' proceedings is made pursuant to F.S. § 286.0105.

(Ord. No. 2007-14, § 1, 5-17-07)