(A) General. When allowed, rezoning of a particular parcel of land may be allowed from time to time based upon a showing that the subject property is located adjacent to an alternative zoning district, or a showing that the existing zoning status is no longer appropriate due to a change of circumstances not attributable to the owner of the subject property. Rezoning as specified herein may be allowed or denied by the City Commission after recommendation by the Planning Commission in accordance with the criteria and provisions listed herein.
(B) Application. Applications for rezoning, in an approved form, will be filed by the applicant with the Zoning Officer and shall be accompanied by:
(1) An application fee in an amount equal to that set from time to time by resolution of the City Commission, plus the applicant shall be required to reimburse the city for any expenses incurred for legal and other professional consultation; and
(2) Eight copies of professionally prepared plans drawn to a scale of one inch equals 50 feet and other supporting data regarding the site and any natural and constructed features thereon, such as:
(a) Size, location and topography of the site;
(b) The use of adjacent land;
(c) The proposed size, bulk, use and location of all buildings;
(d) The location and proposed function of all yards, open spaces, loading areas, parking areas, driveways, storage areas and accessory structures;
(e) Grading, drainage and landscape plans;
(f) Elevations and floor plans of proposed buildings, structures and other improvements;
(g) Locations of proposed utilities and the plans for same; and
(h) Any other information required, in the opinion of the Zoning Officer, to evaluate the application, to determine consistency with the comprehensive plan, and to ensure compliance with requirements of this chapter and other applicable code provisions.
(C) Review.
(1) The Zoning Officer shall within ten days forward the application to the Planning Commission for review and comment and the application shall be placed on the Planning Commission agenda for the next regularly scheduled meeting. A public hearing shall be held on each application within 30 days after the date scheduled for Planning Commission review. The applicant and all property owners located within 500 feet of the subject property shall be notified of the public hearing by U.S. Mail, not less than ten days prior to the date of the hearing. The notice shall include the date, time and place of the hearing and shall reasonably identify the subject property.
(2) The City Commission may attach such conditions as they deem necessary to the approval of any re-zoning. The approved site plan and all attached conditions shall be accepted by the petitioner within 30 days of final approval. All developments, construction and use shall be in accordance with the approved zoning. Any development contrary to the approved zoning shall constitute a violation of this chapter.
(1988 Code, § 11.61) (Ord. 30, passed 10-11-1994)