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Yankeetown City Zoning Code

ARTICLE V

- COMPREHENSIVE PLAN AMENDMENTS

Sec. 18-91. - Applicant-generated plan amendment.

(a)

Any person, board, or agency may propose a plan amendment to the town pursuant to this Code and also F.S. ch. 163, pt. II.

(1)

The cost of town staff and the town consultants to research, write reports, and present and respond to at public hearings an applicant-generated plan amendment shall be the responsibility of the applicant, paid through an application fee upon submission of the request.

(2)

The estimated cost of the application fee is in the schedule of fees, adopted by council, however, the applicant will be responsible for any additional actual costs or fees that may be incurred for review of the applicant-generated plan amendment.

(b)

Applications to amend the plan shall be set for hearing before the commission.

(Code 2015, ch. 15, art. II, § 2; Ord. No. 2011-01, § 1, 3-9-2011)

Sec. 18-92. - Town-generated plan amendment.

(a)

The commission, staff or the town council may prepare a town-generated plan amendment based on statutory requirements, future, existing or anticipated needs.

(b)

Costs and fees for preparation and presentation of town-generated plan amendments shall be borne by the town.

(Code 2015, ch. 15, art. II, § 3; Ord. No. 2011-01, § 1, 3-9-2011)

Sec. 18-93. - Standards and criteria for approval of plan amendments.

(a)

Proposed comprehensive plan amendments must be in compliance with all procedural and substantive standards and criteria set forth in F.S. ch. 163, pt. II, as may be amended from time to time, and rules F.A.C. chs. 9J-5 and 9J-11, as may be amended from time to time.

(b)

The proposed comprehensive plan amendment must be internally consistent with other goals, objectives and policies contained in the town comprehensive plan.

(c)

The amendment shall comply with and further the comprehensive plans general purpose of guiding and accomplishing a coordinated review and ensuring compatible and harmonious development of the area, which will, in accordance with existing and future needs, best promote public health, safety, morals, environment and the general welfare and which will contribute to long-term efficiency and economic and environmental health, suitability of land for the sustainable use of land and infrastructure.

(d)

The amendment shall include description and data and analysis supporting the need for changes in land uses and infrastructure, transportation, facilities, capital improvements, operations and maintenance of infrastructure, financial programs for public improvements and such other matters as deemed necessary to meet the objectives of the comprehensive plan and ensure that the plan amendment is internally consistent with all elements of the comprehensive plan.

(Code 2015, ch. 15, art. II, § 4; Ord. No. 2011-01, § 1, 3-9-2011)

Sec. 18-94. - Review and adoption procedures.

(a)

Planning and zoning commission.

(1)

The amendment shall be reviewed by staff and when staff review is complete, presented to the commission either in its entirety or as substantial portions corresponding generally with functional or geographic classifications are completed.

(2)

Before adoption of the amendment or any portion thereof, the commission shall hold a public hearing that meets notice requirements set forth in state statutes and this Code.

(3)

The commission shall make a recommendation to the town council for adoption, denial or adoption with conditions or changes of any plan amendment or any portion of any proposed plan amendment.

(b)

Council.

(1)

The council may accept or reject the recommendation of the commission in whole or in part and may transmit and formally adopt the amendment by appropriate official action either in its entirety or in part.

(2)

Adoption of the plan amendment shall be by ordinance of the town council.

(3)

The ordinance shall:

a.

Contain the narrative text, maps, and references, and other matters intended by the commission to form the whole or part of the amendment;

b.

Record the votes on the action taken on the amendment.

(4)

The plan amendment shall meet all applicable procedural and other requirements of F.S. ch. 163, pt. II and applicable FAC, including rules F.A.C. chs. 9J-5 and 9J-11.

(5)

Any amendment shall only become effective upon its adoption by the council, approval of the department of community affairs (DCA). Adoption of the amendment may also require voter approval under town Charter section 11. Adoption of the amendments shall also comply with any applicable requirements set forth in the town Charter. (See town Charter section 11, 15, and 16.)

(Code 2015, ch. 15, art. II, § 5; Ord. No. 2011-01, § 1, 3-9-2011)

Sec. 18-95. - Legal effect.

(a)

Any amendment shall only become effective upon its adoption by the council, approval of the department of community affairs (DCA). Adoption of a plan amendment shall also comply, if applicable, with town Charter section 11.

(b)

All development orders shall be consistent with the duly adopted comprehensive plan.

(c)

All land development regulations shall be consistent with the duly adopted comprehensive plan.

(Code 2015, ch. 15, art. II, § 6; Ord. No. 2011-01, § 1, 3-9-2011)