§ 98-3. Rezoning.

(a)

Applications. Application to rezone land under the land development code may be initiated by the landowner, city, planning and zoning commission or city council. The requirements of this section may be supplemental to the requirements of applicable state law.

(1)

Applications shall be made on the appropriate forms provided by the city and shall be accompanied by the appropriate review fee.

(2)

Applications shall include the legal description of the property, sketch or survey of the property, proof of ownership, and authorization form from the owner if represented by an agent or contract purchaser.

(3)

All rezoning applications shall include a conceptual plan.

(4)

Applications for rezoning shall be submitted no later than four weeks in advance of the regularly scheduled DRC meeting in order to be considered at that meeting.

(5)

No incomplete application shall be forwarded or advertised for public hearings.

(b)

Notification of public hearing. The requirements of this section are superseded by the requirements of F.S. § 166.041, as amended, when applicable.

(1)

Adjoining owners. The city shall send notice per [F.S.] § 166.041, or as amended, of the proposed action to the owners of all adjoining properties located within 300 feet of the subject property at least two weeks prior to the planning and zoning commission hearing on the proposed rezoning. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if either:

a.

More than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered; or

b.

More than 90 days have passed between the first and second meetings of city council at which the proposed action is considered.

Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to the subject property.

The property owner or applicant shall conspicuously post the notice on the subject property so that the notice is visible from the right-of-way adjacent to the property. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground. Such notices shall include the date, time and place of the public hearings before the planning and zoning commission and the city council along with a clear and concise description of the proposed action.

(2)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the city at least ten days prior to the final city council meeting. Notice shall also be posted in a conspicuous location at the city hall, and may be posted at other public locations at the discretion of the city.

(c)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

(1)

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(d)

Reapplication for denied rezoning. When an application for rezoning has been denied by the city council, no subsequent application for similar rezoning on any portion of the same parcel of property will be considered for 12 months from the date of city council denial, unless specifically authorized by the city council.

(LDC 1997, ch. 4, § 1.05; Ord. No. 2002-09, § 2, 6-11-2002; Ord. No. 2005-19, § 2, 5-24-2005; Ord. No. 2006-33, § 2, 11-4-2006; Ord. No. 2008-35, § 3, 11-7-2008)