The zoning district boundaries and site specific regulations may be amended, supplemented, changed or repealed in the manner prescribed by law.

(`75 Code, Appendix A, Art. XIII) (Ord. passed 9-26-72; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   A district boundary change, zoning map amendment, or change in the zoning classification, which are applicable to a particular parcel of land and not an entire zoning district may be initiated by:

      (1)   The owner or owners of at least 75% of the property described in the application;

      (2)   Duly authorized agents evidenced by a power of attorney;

      (3)   Town Commission;

      (4)   Planning and Zoning Board; or

      (5)   Any department or agency of the Town.

   (b)   All proposed amendments shall be submitted to the Planning and Zoning Board which shall study such proposals to determine:

      (1)   The need and justification for the change;

      (2)   The effect of the change, if any, on the particular property and on surrounding properties;

      (3)   The amount of undeveloped land in the general area and in the Town having the same classification as that requested;

      (4)   The proposed change in relationship to the purpose and intent of the present zoning and the zoning requested; and

      (5)   The relationship of the proposed amendment to and consistency with the Comprehensive Plan.

   (c)   Public Notice.

      (1)   No recommendation for change of the zoning classification applicable to a particular parcel of land or amendment of the zoning map adopted by § 7A-15 may be made by the Planning and Zoning Board until due public notice has been given of a public hearing. For purposes of this sub- section, due public notice consists of notice of a public hearing which shall be given at least 15 days in advance of the hearing by the publication in a newspaper of regular and general circulation in the Town and notice shall be posted at the Town Hall. Said notice shall disclose the date, time, and place of the public hearing; the current zoning designation; the proposed zoning designation; that the rezoning application may be reviewed by the public; the location, days, and time during which the application may be examined by the public; notice that the Planning and Zoning Board/Local Planning Agency will accept written or oral comment from the public with regard to the application; and notice that anyone wishes to appeal any action of the Planning and Zoning Board/Local Planning Agency may need a verbatim transcript of the public hearing and that said person shall be responsible for furnishing said transcript. No recommendation for change shall be made by the Planning and Zoning Board unless and until the public hearing has been advertised.

      (2)   Adherence to the requirements to amend the land development code which are set forth in § 1A-5 need not be followed for zoning map amendments or recordation of the same in § 7A-15. The provisions of this section must be followed in such cases.

   (d)   For proposed zoning changes of the zoning district designation of a particular parcel or parcels of land, a notice of the public hearing shall be mailed to the property owners of record of a parcel or parcels of land any part of which is located within a radius of 500 feet of the parcel of land to be rezoned; however, failure to receive such notice shall not affect any action or proceedings taken hereunder. Public rights-of-way shall not be construed as parcels of land. At a minimum said notice shall be deposited in the first class, U.S. mail, return receipt requested, postage prepaid to the owners of parcels of land, at least 15 days prior to the date of the public hearing. The names and addresses of the owners of parcels of land any part of which are located within 500 feet shall be obtained from the current records of the Brevard County Property Appraiser. Said notice shall contain a map depicting the location of the parcel of land to be rezoned; the date, time, and place of the public hearing; the current zoning designation; the proposed zoning designation; that the rezoning application may be reviewed by the public; the location, days, and time during which the application may be examined by the public; notice that the Planning and Zoning Board/Local Planning Agency will accept written or oral comment from the public with regard to the application; and notice that anyone who wishes to appeal any action of the Planning and Zoning Board/Local Planning Agency may need a verbatim transcript of the public hearing and that said person shall be responsible for furnishing said transcript.

   (e)   When any proposed change of a zoning district boundary lies within 500 feet of the boundary of an incorporated or unincorporated area notice shall be forwarded to the Planning Board or governing body of such 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 the district boundary change.

   (f)   The Planning and Zoning Board shall submit the request for change or amendment to the Town Commission with written reasons for its recommendation.

   (g)   The Town Commission shall hold public hearings on the recommendation of the Planning and Zoning Board, giving public notice as required by State Statute.

   (h)   Any zoning approval given by the Town Commission shall be by 80% favorable vote of the total Town Commission.

(`75 Code, Appendix A, Art. XIII, § 1) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)

   No proposal for a 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, except where such conditions, limitations, or requirements are voluntarily proffered by an applicant proposing a zoning change or amendment as part of a statutory or non-statutory binding development agreement.

(`75 Code, Appendix A, Art. XIII, § 2) (Ord. passed 9-26-72; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2020-04, adopted 9-16-20)

   (a)   For purposes of this chapter, binding development agreements are defined as agreements voluntarily proffered by applicants proposing a zoning change on a particular property or properties that propose conditions, limitations, or requirements not applicable to all other property in the district to which the particular property or properties is proposed to be rezoned. Binding development agreements may only be utilized in proposals for zoning amendments and may only propose conditions, limitations, or requirements that are more restrictive than those found in the zoning district to which a property or properties is proposed to be rezoned. A binding development agreement may provide for specific conditions of site development or dedications, such as those reflected on site or subdivision plans, but only to the extent that such plans are proposed as part of a proposal for rezoning. Binding development agreements man be either statutory or non-statutory.

   (b)   An applicant proposing a zoning change or amendment affecting a particular property or properties may voluntarily proffer conditions, limitations, or requirements not applicable to all other properties in the district to which the particular property or properties is proposed to be rezoned by way of a statutory or non-statutory binding development agreement.

   (c)   Statutory and non-statutory binding development agreements may be considered by the Planning and Zoning Board and the Town Commission as part of any proposal for zoning change or amendment affecting particular a property or properties.

   (d)   An approved statutory or non-statutory binding development agreement shall be recorded in the public records of Brevard County, Florida and shall act as a restrictive covenant which runs with the particular property or properties subject to the binding development agreement.

   (e)   Unless otherwise provided by law, the initial term of a statutory or non-statutory binding development agreement may not exceed 30 years, but may be automatically extended for an unlimited number of successive defined renewal periods upon the mutual consent of the town and the applicant for rezoning at the time of adoption of the binding development agreement after an initial public hearing. A public hearing for the consideration of a binding development agreement man be noticed and held in conjunction with a public hearing for a proposal for rezoning.

   (f)   Nothing in this section shall obligate the Planning and Zoning Board or Town Commission to consider or approve any proposed binding development agreement. Nor shall this section be interpreted to create any independent cause of action against the Town of Melbourne Beach arising from the denial of a proposed binding development agreement by the Town Commission.

(Ord. 2020-04, adopted 9-16-20)

   When a proposed change in district boundaries has been acted upon by the Town Commission and disapproved or failed to pass, such proposed change, in the same or substantially similar form, shall not be reconsidered by the Town Commission for a period of one year. Such restriction shall not apply to the property owner if the original request was initiated by the Town Commission, Planning and Zoning Board or any department or agency of the Town.

(`75 Code, Appendix A, Art. XIII, § 5) (Ord. passed 9-26-72; Am. Ord. 2017-05, adopted 12-20-17)