§ 23-218. Zoning map amendment.

The city may amend the official zoning map by the enactment of an ordinance after two (2) readings and public hearings in accordance with F.S. ch. 166.

Sec. 23-218.1 Eligibility.

a. An amendment to the official zoning map may be requested by a property owner or may be initiated by the administrative official, planning board, or the city commission. For a group of property owners to qualify as an applicant, at least fifty-one (51) percent of the property owners of the area proposed for change must make the request. For the creation of a new historic district or for changes to an existing historic district, notarized affidavits requesting the amendment are required from the owners of at least fifty-one (51) percent of the properties in the proposed district or in the area to be added, as applicable.

b. Whenever a zoning map amendment application has been denied by action of the city commission, no re-application for the same property which is substantially similar to or equivalent to that application previously denied shall be filed with the city, considered by the planning board or submitted to the city commission unless a period of six (6) months has elapsed between the date of the original denial of the application and the subsequent re-filing.

(Ord. No. 2008-11, § 2, 5-20-08)

Sec. 23-218.2 Application. An amendment of the zoning map may be requested by filing a completed application with the administrative official and additional information as required by the procedures manual maintained by the administrative official, including, at minimum the following:

a. The application fee and reimbursement of the cost of public notice as set forth in section 23-242

b. Legal description(s) of the subject property, including street addresses;

c. Typewritten petition, if application is made by more than one (1) property owner, signed by fifty-one (51) percent or more of the property owners of the area proposed for the amendment, along with the names and addresses of all petitioners, a letter stating the reason for the request, and a plan of the applicant area showing surrounding streets and property owners.

d. Other information as required by the administrative official.

Sec. 23-218.3 Public notice. Public notice shall be given by the administrative official as per section 23-241.

Sec. 23-218.4 Planning board recommendation. A recommendation of the planning board shall be required prior to any amendment to the zoning map. The planning board shall review the proposed amendment and, following a public hearing, make a written recommendation to the city commission. The recommendation shall be approval of the requested zoning designation, approval of a change to a zoning designation deemed more appropriate than the one applied for, or denial of any zoning change. The recommendation may also include a change in the boundaries of the applicant area.

The following criteria shall be used to review the proposed amendment.

a. Consistency with the comprehensive plan. All zoning amendments shall be consistent with the comprehensive plan, including the future land use map and future land use element goals, objectives and policies. The zoning designation shall be consistent with the land use designation of the land on the future land use map, but may be more restrictive than that designation.

b. Land use compatibility. The zoning designation shall promote compatibility of adjacent land uses.

c. Adequate public facilities. The requirements of article VII, division 1 Concurrency (section 23-701 et seq.) shall be considered in reviewing the proposed amendment and there shall be reasonable assurance that the demand for services allowed in the proposed zoning district can be met.

d. Public interest. The proposed zoning designation shall not be in conflict with the public interest and will promote the public health, safety and welfare.

e. Consistency with land development regulations. The proposed zoning designation shall be consistent with the purpose and intent of these land development regulations.

f. Historic overlay districts. A proposed historic overlay district shall be consistent with the criteria for establishing such districts, set forth in section 23-652.2 in article VI, Resource Protection Standards, division 5, Historic Preservation.

(Ord. No. 2008-11, § 3, 5-20-08)

Sec. 23-218.5 City commission decision. The city commission shall hold a public hearing on the proposed ordinance after due public notice in accordance with F.S. § 166.041, and the planning board recommendation shall be read into the record. The city commission shall approve the zoning amendment as proposed by the applicant, approve a change to another zoning designation deemed more appropriate than the one applied for, or deny the change. If the recommendation of the planning board is adverse to the proposed change, such change shall not be effective except by the affirmative vote of three-fifths (3/5) of the governing body.

Sec. 23-218.6 Amendment of the zoning map. The administrative official shall revise the official zoning map to reflect any change made by the action of the city commission.