The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed in accordance with the following regulations.
(A) General procedure for amendments. The general procedure for the amendment of this chapter is as follows.
(1) A zoning amendment may be proposed by:
(a) The City Commission;
(b) The Planning and Zoning Board;
(c) Any department or agency of the city; or
(d) Any individual, corporation, or agency.
(2) All proposed zoning amendments and changes to restrictions or regulations to be enforced therein shall be submitted to the Planning and Zoning Board for study and recommendation. The Planning and Zoning Board shall study these proposals to determine:
(a) The need and justification for the change;
(b) The effect of the change, if any, on the particular property and on surrounding properties;
(c) The amount of undeveloped land in the general area and in the city having the same classifications as that requested; and
(d) The relationship of the proposed amendment to the purpose of the city's comprehensive plan, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the comprehensive plan.
(3) No recommendation for a zoning change or amendment to the restrictions or regulations to be enforced therein may be considered by the Planning and Zoning Board until the request has been reviewed in accordance with the general procedures of the Planning and Zoning Board.
(4) The Planning and Zoning Board shall submit the request for change or amendment to the City Commission with written reasons for its recommendations, and its determinations related to the items listed in division (A)(2) above and other related issues.
(5) If a Planning and Zoning Board recommendation for change is not acted upon by the City Commission within six months of the date of its receipt by the City Commission, the petition upon which the recommendation was based shall be deemed to have been denied.
(B) Limitations.
(1) No amendment to rezone property shall contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is rezoned, except that planned unit development rezoning shall not be subject to the limitations of this section.
(2) Whenever the City Commission has taken action to deny a petition to rezone property, the city shall not:
(a) Consider any further petition for the same rezoning of all or any part of the same property for a period of one year from the date of that action.
(b) Consider a petition for any other kind of zoning on all or any part of the same property for a period of six months from the date of that action.
(3) Whenever the City Commission has, by amendment, changed the zoning of any property, the Planning and Zoning Board shall not consider any petition for rezoning of all or any part of the same property for a period of six months from the effective date of the amendatory ordinance.
(4) The time limits of this section may be waived by the City Commission when such action is deemed necessary to prevent injustice.
(Ord. 241, passed 11-27-85; Am. Ord. 597, passed 4-2-92)