The regulations, restrictions, and boundaries set forth in this Article 15 "Zoning Code" may from time to time be amended, supplemented, changed, or repealed in accordance with the following regulations.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

APPLICATION FILING. Petitions for amendment to Article 15 and the Official Zoning Map shall be filed on forms provided by the City and shall be submitted to the Zoning Division.

1.

An application for amendment to the text of Article 15 may be filed only by the City Council or the City Manager. The CRA, Board of Adjustment and Planning and Zoning Commission may make recommendations to the City Council for amendment to Article 15.

2.

An application for amendment to the Official Zoning Map may be filed only by the City Council, City Manager, or by an owner of real property that is located within the City. The CRA, Board of Adjustment and Planning and Zoning Commission may make recommendations to the City Council for amendment to the Official Zoning Map.

(B)

PUBLIC NOTICE. Notice of the public hearing shall be given as provided under Section 18-1534, "Public Notice Requirements".

(C)

PUBLIC HEARING PROCEDURE.

1.

The Planning and Zoning Commission shall hear the application at a public hearing, acting in an advisory capacity to the City Council as the Local Planning Agency when required by F.S. ch. 163, pt. II. The Planning and Zoning Commission shall submit written reasons for its recommendations, and its determinations related to the application review criteria listed in Section 18-1539.3, "Review Criteria", below.

2.

The City Council shall hear the application during a separate public hearing and shall consider the recommendation of the Local Planning Agency if applicable in its decision to approve or deny the application.

3.

Public hearings for map amendments shall be conducted pursuant to the quasi-judicial procedures set forth in Resolution No. 94-65 unless otherwise determined by the City Attorney. Public hearings for text amendments are legislative in nature, and are not subject to quasi-judicial procedures.

(D)

BURDEN OF PROOF. The applicant shall bear the burden of demonstrating, by competent substantial evidence, that the evidence on the record demonstrates that a map amendment should be granted.

(E)

ADOPTION. Amendments to the Official Zoning Map and to Article 15 shall be by Ordinance of the City Council.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

For amendments to Article 15, the Planning and Zoning Commission and City Council shall be guided by the requirement that the amendment be consistent with the Comprehensive Plan.

(B)

For map amendments, the Planning and Zoning Commission and City Council shall be guided by the following considerations:

1.

Whether the available uses to which the property may be put are appropriate to the property under accepted planning practices in question and compatible with existing land uses and planned uses in the area.

2.

Whether the numerical and dimensional development requirements which govern the development of the property will sufficiently safeguard the integrity and character of the area.

3.

Whether the amendment will constitute a grant of special privilege to an individual owner.

4.

Whether there are adequate provisions for water supply and treatment, sanitary sewer collection, transmission and treatment, drainage, and solid waste collection and disposal within the service area involved.

5.

Whether there are adequate provisions for traffic movement and safety, both vehicular and pedestrian, in the area.

6.

Whether there are adequate provisions for schools, parks, and mass transit within the service area involved.

7.

Whether the district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, and existing improvements, or whether there is another error or ambiguity that must be corrected.

8.

Whether changed or changing conditions make the adoption of the proposed amendment necessary or appropriate, including but not limited to, substantial reasons that the property cannot be used in accordance with the existing zoning.

9.

Whether the amendment will be likely to have an adverse effect on the existing natural environment and natural resources.

10.

Whether the proposed amendment is consistent with the Comprehensive Plan and, if applicable, the Community Redevelopment Plan.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

Whenever the City Council has taken action to deny an application to amend the Official Zoning Map for a particular property, the Planning and Zoning Commission shall not:

1.

Consider any further application for the same amendment of all or any part of the same property for a period of one (1) year from the date of such action.

2.

Consider an application for any other zoning classification on all or any part of the same property for a period of one (1) year from the date of such action.

3.

Whenever the City Council has changed the zoning of any property, the Planning and Zoning Commission shall not consider any application for an amendment to the Official Zoning Map of all or any part of the same property for a period of six (6) months from the effective date of the amendatory ordinance.

(B)

The time limits of this Section may be waived by the City Council, when such action is deemed necessary to prevent injustice or to facilitate the proper development of the City.

(Ord. No. 3748, § 3, 10-28-2010)