This chapter, including the zoning map, may from time to time be amended by the City Council. Before enacting any amendment, the City Council shall give public notice and public hearings shall be held as set forth by this subchapter.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Form. Application for amendment may be in the form of a proposal for amendment of the text of this chapter or a proposal for amendment of the zoning map. A proposed map change may be for a zoning district classification considered to be either more or less restrictive than the zoning district currently applied. Proposed map changes for single family lots located in designated areas along Port St. Lucie Boulevard, Gatlin Boulevard, Paar Drive, Bayshore Boulevard, Biltmore Street, South Macedo Boulevard, Prima Vista Boulevard, St. James Drive, Lennard Road, and Becker Road are subject to the requirements contained in the "City of Port St. Lucie Land Use Conversion Manual" located in Appendix "B".

(B)

Application Limitations.

(1)

No application for amendment of the zoning map shall be accepted for filing if all or any portion of the land which is the subject of the application was part of a previous application meeting any of the following conditions:

a.

An application denied by the City Council for the same rezoning within the previous 12-month period;

b.

An application denied by the City Council for any other type of rezoning within the previous six-month period;

c.

An application allowed to be withdrawn by the City Council within the previous six-month period.

(2)

The time limits set forth above may be waived by the City Council when action is deemed necessary to prevent injustice or to facilitate the proper development of the City.

(C)

Eligible Applicants.

(1)

Text Amendment. Proposals for the amendment of the text of this chapter may be made by the City Council, the Planning and Zoning Board, other departments and agencies of the City, other governmental agencies having jurisdiction within the City, residents of the City, and other persons and organizations having a demonstrated concern or financial interest relative to development or improvement of the City.

(2)

Map Amendment. Proposals for the amendment of the zoning map may be made by the City Council, the Planning and Zoning Board, other departments and agencies of the City, and owners (including authorized agents and attorneys therefor) of real property within the City. Proposals made by owners of real property shall require petition by owners of no less than fifty-one (51%) percent of the land area involved in the proposed change.

(D)

Application Requirements.

(1)

Forms. An application for amendment shall be made by use of standard forms as may be provided therefor by the Zoning Administrator, and shall conform to all requirements set forth therein or as otherwise necessary for proper review and consideration of the proposal. An application for amendment shall be signed by the applicant, shall state his name and address, and shall be verified under oath by the applicant.

(2)

Text Amendment. An application for a text amendment shall set forth the new text proposed to be added or the existing text proposed to be deleted, together with a statement substantiating the need and justification for the amendment relative to the development or improvement of the City.

(3)

Map Amendment. An application for a map amendment shall include the following information:

a.

The street addresses of the land proposed to be reclassified or, if none, the location with respect to the nearby public roads in use;

b.

A full and accurate legal description of the land proposed to be reclassified, utilizing the most appropriate of the following methods:

1.

Description by metes and bounds, utilizing bearings and distances;

2.

Description by reference to section, township, and range;

3.

Description by reference to lot, block, subdivision name, and plat book and page numbers, relative to a subdivision plat recorded in the land records of the County.

c.

The current zoning district classifications and the classification proposed for the land;

d.

The area of the land proposed to be reclassified, stated in square feet if less than one (1) acre, and in acres if one (1) acre or more;

e.

The names and addresses of the owners of the land;

f.

A statement substantiating the need and justification for the reclassification relative to the development or improvement of the City;

g.

Any additional data or information deemed reasonably necessary by the City or by the applicant for proper review and consideration of the proposal.

(4)

Filing Fee. No application for amendment shall be accepted by the Zoning Administrator unless it is accompanied by a filing fee in the amount established by the City Council to cover the expenses of handling the amendment application, providing public notice, taking an official record at public hearings, and for other purposes. No fees shall be refunded except as expressly authorized by the City Council.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 13-43, § 1, 8-12-13; Ord. No. 19-38, § 2, 7-8-19)

Each application for amendment of the text of this chapter or the zoning map shall be submitted to the Planning and Zoning Board. The Planning and Zoning Board shall hold a public hearing on each application for amendment of the zoning text or application for rezoning of real property. The Planning and Zoning Board shall submit its recommendation, the Planning and Zoning Board shall include a statement as to the consistency of the application proposal with the Comprehensive Plan, or any element or portion thereof. The recommendation of the Planning and Zoning Board shall be entered into the official record of the petition and shall be considered by the City Council prior to the taking of official action upon the application.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

(A)

Notice of the hearing shall be published one (1) time in a newspaper of general circulation within the City at least ten (10) days prior to the date of the hearing. The notice shall include the date, time, and place of hearing, a description of the rezoning action sought, and any other information as may be desirable or required by law.

(B)

In cases which involve the rezoning of private real property composing less than five (5%) percent of the total land area of the City, the Zoning Administrator shall notify each real property owner whose land the City plans to rezone and the owner of real property located within 750 feet of the proposed rezoning, whose address is known by reference to the latest ad valorem tax record. The notice shall state the substance of the proposed rezoning and shall set a time and place for the public hearing. The notice shall be given at least ten (10) days prior to the date set for the public hearing and a copy of the notice shall be kept available for public inspection during regular business hours.

(C)

In addition to required notices of proposed amendments as heretofore set forth, other methods of notification may be utilized by the Planning and Zoning Board at its option. Notice may be posted upon the property which is the subject of the public hearing. The Zoning Administrator is authorized to post any notice upon property proposed for rezoning, and it shall be unlawful for any person to remove or tamper with that notice during the time period as may be established for the maintenance of the notice.

(D)

Any interested person shall have the right to submit oral or written testimony at the hearings. All testimonies and exhibits submitted at the hearing, including the application, shall be incorporated into the application file and shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant, or unduly repetitious may be excluded. The hearings may be adjourned from time to time to dates established by public announcement at those hearings and shall be the earliest practical date for resumption of the hearings.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

(A)

Application for Amendment of the Zoning Text. The City Council shall hold one (1) or more public hearings upon an application for the amendment of the text of the chapter. Notice of the hearing shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the initial hearing. The notice shall include a summary description of the proposed text amendment, but need not include the full text of the proposed amendment.

(B)

Application for Rezoning of Private Real Property. The City Council shall hold one (1) or more public hearings upon an application for the rezoning of private real property. Notice of the hearing shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the initial hearing. The notice shall include the date, time, and place of hearing, a description of the rezoning action sought, and any other information as may be desirable or required by law.

(1)

In cases in which the proposed rezoning involves less than five (5%) percent of the total land area of the City, the City Council shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

(2)

In cases in which the proposed ordinance deals with more than five (5%) percent of the total land area of the municipality, the City Council shall provide for public notice and hearings as follows:

a.

The City Council shall hold two (2) advertised public hearings on the proposed ordinance. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven (7) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

b.

The required advertisements shall be not less than one-fourths-page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18-point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one (1) of limited subject matter. Whenever possible, the advertisement shall appear in a newspaper that is published at least five (5) days a week unless the only newspaper in the City is published less than five (5) days a week. The advertisement shall be in the following form:

NOTICE OF ZONING CHANGE

The City Council of Port St. Lucie, Florida is considering a proposal to rezone the land within the area shown in the map in this advertisement.

A public hearing on the proposal will be held by the City Council (Planning and Zoning Board) on (date and time) at (meeting place).

c.

The notice shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

(C)

Additional Methods of Notification. In addition to required notices of proposed amendments as heretofore set forth, other methods of notification may be utilized by the City Council at its option. Those methods may include but not be limited to mail notification to owners of property adjacent to property proposed for rezoning and the posting of notice upon property proposed for rezoning. The Zoning Administrator is authorized to post any notice upon property proposed for rezoning, and it shall be unlawful for any person to remove or tamper with that notice during the time period as may be established for the maintenance of the notice.

(Ord. No. 98-84, § 1, 3-22-99)

Any interested persons shall have the right to submit oral or written testimony at the hearings. All testimonies and exhibits submitted at the hearing, including the application, shall be incorporated into the application file and shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant, or unduly repetitious may be excluded. The hearings may be adjourned from time to time to dates established by public announcement at those hearings and shall be the earliest practical date for resumption of the hearings.

(Ord. No. 98-84, § 1, 3-22-99)

Guidelines and procedures. In its deliberation and consideration of applications for amendment, the City Council shall utilize the following guidelines and procedures:

(A)

All applications for amendment of the zoning text or the zoning map shall be decided on the basis of evidence of record.

(B)

The City Council may dismiss any application if it finds that: the application does not conform to the procedural requirements of this subchapter; or the application is found to be in violation of the time limitations set forth in § 158.316(B); or the application is frivolous or filed for purposes of harassment.

(C)

The City Council may allow an application to be withdrawn at any time; provided that any subsequent application involving all or part of the land forming a part of the withdrawn application shall be subject to the time limitation set forth in § 158.316(B).

(D)

If an application is not dismissed or allowed to be withdrawn as herein provided, it shall either be approved or denied on the merits. In the case of denial, any subsequent application involving all or part of the land forming a part of said denied application shall be subject to the time limitations set forth in section 158.316(B).

(E)

No application for a text amendment shall be approved affecting specific property or properties which contains conditions, limitations, or requirements not generally applicable to all other property regulated by the zoning district classification in question; and no application for a map amendment shall be approved for a specific property or properties which contains conditions, limitations, or requirements not generally applicable to all other property regulated by the zoning district classifications to which the particular property is proposed to be rezoned.

(F)

No application for a map amendment shall be approved for a greater area than applied for, but an application may be approved for a smaller area if the rezoning of the smaller area is supported by the evidence of record and the smaller area is accurately delineated in the record.

(G)

In its consideration of an application for a text or map amendment, the City Council shall carefully review its relationship to the Comprehensive Plan, or element or portion thereof, which has been adopted. No application shall be approved which is found to be inconsistent with the adopted Comprehensive Plan, or element or portion thereof.

(H)

The decision of the City Council approving, denying, or dismissing any application for text or map amendment shall be rendered within sixty (60) days after public hearing is held thereon. The decision of the City Council shall be determined by a majority vote of a constituted quorum.

(I)

All decisions of the City Council shall be made in open session and the ordinance embodying the decision approving, denying, or dismissing any application shall not be valid unless it is incorporated into the minutes of the meeting at which the action is taken.

(J)

Any ordinance embodying the decision of the City Council approving, denying, or dismissing any application shall be filed in the office of the Zoning Administrator and a copy shall be provided to the applicant upon request.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

Immediately following the enactment of an ordinance amending the zoning text or zoning map, a copy of the ordinance shall be filed in the office of the Zoning Administrator for use in the administration and enforcement of this chapter. The Zoning Administrator shall make appropriate changes to incorporate the ordinance into the text of this chapter or onto the official zoning map maintained in the office of the Zoning Administrator, and shall similarly incorporate the ordinance into all copies of this chapter or map utilized for zoning administration and distribution to the public.

(Ord. No. 98-84, § 1, 3-22-99)