This section establishes uniform procedures for an amendment to the comprehensive plan or future land use map. A comprehensive plan and future land use map amendment may be authorized if an applicant can prove the site would better serve the city with another use than the one already designated. Comprehensive plan amendments will follow the procedures set forth in F.S. § 163.3184.

(1)

Application for an amendment to the comprehensive plan and future land use map.

a.

Pre-application. Before any application to amend the comprehensive plan or future land use map is filed by the owner of real property located in the city or by said owner's authorized agent or any resident of the city, the applicant shall attend a pre-application meeting with the community improvement department (CID) director. The purpose of the meeting is to discuss in general, the procedures for preparing a complete application, mailing responsibilities, and scheduled public hearing dates before the decision-making bodies in the city together with the appropriate state, regional and county agencies.

b.

Application filing. A request to amend the comprehensive plan and/or future land use map may be made by the city commission, planning and zoning board/local planning agency, staff, owners of real property located in the city or by said owner's authorized agent. The city commission shall set a fee in appendix A for an amendment application to the comprehensive plan and/or future land use map by a property owner of the city.

(2)

Public hearing. In addition to the notice required by Florida Statutes, notice for each public hearing before the local planning agency and city commission shall be mailed by the applicant to all persons by certificate of mailing who, according to the most recent tax rolls, own property within 200 feet of the property proposed for rezoning (PD rezoning requires 500 feet notification). The notice shall be mailed at least ten days before the scheduled public hearing. The expense of this mailing shall be borne by the applicant.

(3)

Local planning agency. After review of the application by staff, the CID director shall have a draft ordinance prepared, which, if adopted by the city commission, would affect the proposed changes of the comprehensive plan and/or future land use map. The CID director shall forward the application and ordinance to the local planning agency for consideration. The local planning agency shall review the proposed change to the comprehensive plan and/or future land use map and shall make an advisory recommendation to the city commission as to the need and justification for the change.

(4)

Criteria for consideration by the local planning agency. The local planning agency shall not recommend approval of a plan amendment unless it makes a positive finding, based on competent evidence, on each of the following:

a.

The proposed plan amendment will meet the acceptable level of service standards established in the comprehensive plan.

b.

The proposed plan amendment is in harmony with the general intent of the comprehensive plan;

c.

A change in land use designation must be compatible with adjacent land uses, and one that will not become a potential nuisance; and

d.

A change in land use designation must be compatible with the current and future use of adjacent and nearby properties to justify the proposed change and will not negatively affect the property values of adjacent and nearby properties.

(5)

Review and consideration by city commission. The city commission shall review and consider the application for a comprehensive plan and/or future land use amendment after the local planning agency and CID director make their recommendation. The CID director shall prepare a written report to submit to the city commission which includes the recommendation of the local planning agency and the draft ordinance. The city commission shall hold the first reading and public hearing of an ordinance approving the application. If the city commission approves the application for an amendment to the comprehensive plan and/or future land use map on first reading, the ordinance shall be forwarded to the appropriate local, regional and state agencies for review and comment.

(6)

[CID director's report.] The CID director shall report to the appropriate state, regional and county agencies, the plan amendments approved by the city commission for consistency review pursuant to F.S. § 163.3184.

(7)

[Findings returned.] When the state land planning agency returns their findings to the city commission, the city commission shall hold the second reading and public hearing on the ordinance providing for the amendments to the comprehensive plan and/or future land use map.

(Ord. No. 14-08, § 2, 10-7-14; Ord. No. 21-18, § 32, 9-20-21)

Editor's note— Ord. No. 14-08, § 2, adopted October 7, 2014, repealed and replaced § 68-121, in its entirety. Former § 68-121, pertained to initiation, and was derived from Ord. No. 95-10, § 36-71, adopted September 19, 1995 and Ord. No. 12-03, § 1, March 20, 2012.

(a)

Application for a rezoning. An application to rezone land may be initiated by the city or by the property owner.

(1)

Pre-application meeting. Before any rezoning application is filed by the property owner, the applicant shall attend a pre-application meeting with the community improvement department (CID) director. The purpose of the meeting is to discuss, in general, the procedures for a public hearing before the decision-making bodies.

(2)

Application filing. The owner or an authorized agent for the property owner shall file an application for rezoning with the CID director and pay the required application fee, as set by the city commission in appendix A.

(3)

Application information. The application shall provide the following information:

a.

Legal names of each of the owners of the subject property including their business and home addresses and telephone numbers;

b.

If any owner is a business entity such as a partnership, corporation or joint venture, the names and business addresses of all partners and officers, as appropriate, and telephone numbers;

c.

The legal description of the subject property;

d.

A copy of the deed or deeds conveying the subject property to the current owner;

e.

If the applicant for rezoning is a representative of the owner, evidence of agency in the form of a letter, affidavit or other document satisfactory to the city attorney; and

f.

Any other information required by the CID director.

(b)

Public hearing. In addition to the notice required by Florida Statutes, notice for each public hearing before the local planning agency and city commission shall be mailed by the applicant to all persons by certificate of mailing who, according to the most recent tax rolls, own property within 200 feet of the property proposed for rezoning. The notice shall be mailed at least ten days before the scheduled public hearing. The expense of this mailing shall be borne by the applicant.

(c)

Review by local planning agency. After review of the application by staff, the CID director shall have a draft ordinance prepared, which, if adopted by the city commission, would affect the proposed rezoning. The CID director shall forward the application and ordinance to the local planning agency for consideration. The local planning agency shall review a proposal for rezoning and shall make an advisory recommendation to the city commission as to the need and justification for the change and the relationship of the proposed change to the goals, objectives and policies of the city comprehensive plan (future land use element) and the land development regulations. The local planning agency shall include in its recommendation to the city commission any information which it deems is relevant to issues relating to the proposed rezoning.

(d)

Criteria for consideration by the local planning agency. The local planning agency shall evaluate each application for possible negative effects including but not limited to consideration of the following:

(1)

The existing land use pattern; compatible with the purpose and intent of the applicable comprehensive plan goals, objectives and policies;

(2)

The population density pattern of the area and possible increase or overtaxing of the load on public facilities such as utilities and streets;

(3)

The possible overloading of the city's sewage collection facilities;

(4)

The possible overloading of the city's drainage system;

(5)

The proposed change would create an isolated zoning district unrelated to adjacent and nearby zoning districts;

(6)

The existence of changed or changing conditions which make the passage of the proposed rezoning necessary or appropriate;

(7)

The impact of the proposed rezoning upon living conditions in the adjacent neighborhood;

(8)

The impact of the rezoning and allowable development upon the flow of light and air to adjacent areas;

(9)

The impact of the proposed rezoning upon property values in the adjacent area;

(10)

The impact of the proposed rezoning upon improvement or development of adjacent property in accordance with existing regulations; and

(11)

The existence of other adequate sites in the city for the proposed use in districts already permitting such use.

(e)

Review and consideration by city commission. The city commission shall review and consider the application for rezoning after the local planning agency and CID director make their recommendation. The CID director shall prepare a written report to submit to the city commission which includes the recommendation of the local planning agency and the draft ordinance. The city commission shall hold two readings and public hearings to consider the application for a proposed rezoning. If the city commission approves the application for rezoning, the rezoning ordinance becomes effective as provided in the body of the ordinance.

(f)

Reconsideration of application. If the city commission denies an application for rezoning, an application for an identical rezoning of the same subject property may not be filed for one year after such denial.

(Ord. No. 14-08, § 2, 10-7-14; Ord. No. 15-03, § 3, 7-7-15; Ord. No. 16-12, § 1, 10-18-16; Ord. No. 21-18, § 33, 9-20-21)

Editor's note— Ord. No. 14-08, § 2, adopted October 7, 2014, repealed and replaced § 68-122, in its entirety. Former § 68-122, pertained to petition, and was derived from Ord. No. 95-10, § 36-72, adopted September 19, 1995.

(a)

Initiation of text amendment. Land development regulation text amendments may be initiated by:

(1)

The owner of real property located in the city or by said owner's authorized agent;

(2)

City commission;

(3)

Planning and zoning board;

(4)

Local planning agency;

(5)

City manager or designee; or

(6)

City attorney.

(b)

Application for a text amendment.

(1)

Pre-application meeting. Before any application for a text amendment to the land development regulations is filed by a property owner or resident; the applicant shall attend a pre-application meeting with the community improvement department (CID) director. The purpose of the meeting is to discuss, in general, the procedures for preparing a complete application and scheduled public hearings before the decision-making bodies.

(2)

Application filing. The applicant shall file the application for the text amendment with the CID director and pay the required application fee, as set by the city commission in appendix A. The application shall be accompanied by justification necessary to support the text amendment.

(c)

Public hearing. Notice of the local planning agency and city commission public hearings shall be in accordance to F.S. § 166.041.

(d)

Review by the local planning agency. After the application for a text amendment has been reviewed by the CID director, the local planning agency shall hold a public hearing on the proposed text amendment and make a recommendation to the city commission.

Failure to act upon the proposed text amendment shall not preclude the city commission from adjudicating the proposal.

(e)

Criteria for consideration by the local planning agency. The local planning agency shall consider the following criteria for a text amendment:

(1)

Consistency with the city comprehensive plan; and

(2)

Consistency with applicable sections of the land development regulations.

(f)

Review and consideration by the city commission. The CID director shall prepare a written report to submit to the city commission which includes the recommendation of the local planning agency, CID director, and city manager or designee. The city commission shall hold two readings and public hearings to review and consider the application with the recommendation from the local planning agency and the CID director for a text amendment.

(Ord. No. 14-08, § 2, 10-7-14; Ord. No. 21-18, § 34, 9-20-21)

Editor's note— Ord. No. 14-08, § 2, adopted October 7, 2014, repealed and replaced § 68-123, in its entirety. Former § 68-123, pertained to review by planning and zoning board, and was derived from Ord. No. 95-10, § 36-73, adopted September 19, 1995.

Editor's note— Ord. No. 14-08, § 2, adopted October 7, 2014, repealed §§ 68-124, 68-125, in their entirety. Former §§ 68-124, 68-125, pertained to conformance with comprehensive plan and public hearing, respectively, and were derived from Ord. No. 95-10, §§ 36-74, 36-75 adopted September 19, 1995.

Any changes in the land development regulations of the city that would allow an increase in the number of units per acre (density) or an increase in allowable height of buildings must be approved by a majority of the qualified electors of the city.

(Referendum of 11-5-02, § 1)