(b) An amendment to the text of the Land Development Code, excluding the text of the Comprehensive Plan, may be initiated by:
(1) The owner of real property located in the Town or by said owner's authorized attorney-in-fact;
(2) Any resident of the Town;
(3) Town Commission;
(4) Planning and Zoning Board/Local Planning Agency;
(5) Town Manager; or
(6) Town Attorney.
(c) Application by Town Commission, Planning and Zoning Board/Local Planning Agency, Town Manager or Town Attorney. A proposal to amend the Land Development Code may be initiated by the Town Commission, Planning and Zoning Board/Local Planning Agency, Town Manager, or Town Attorney by filing a written proposal with the Town Manager or his designee, as set forth herein. The written proposal shall be classified as an “application” as that term is used herein. Applications filed pursuant to this division (c) shall be classified as administrative applications of the Town and shall be exempt from the requirements of division hereof.
(d) Application by resident or real property owner. Every applicant, other than the Town or a Town official or board, including but not limited to an owner of real property within the Town, or resident of the Town, shall be required to file an application pursuant to the requirements of division hereof.
(e) Application Form. A complete written application for an amendment to the Land Development Code shall be submitted to the Town Manager or his designee. Until all informational items required on the application form are provided, the application shall not be considered to be complete for review and consideration. All items required to be submitted by this section which are not answered on the application form but which may be appended or attached to the application form or which may be on separate sheets of paper shall be deemed to be a part of the application form as if specifically included therein. All applicants shall be required to execute the application form in the presence of a notary public and by oath or affirmation swear to the truth of the statements in the application or that to the best of said applicant's knowledge and belief the statements in the application are true and correct, or alternatively, an applicant may execute an application at the end of said application wherein it shall state “Under penalties of perjury, I declare that I have read the foregoing application for Amendment to the Land Development Code and that to the best of my knowledge and belief the facts stated in it are true.” Applications executed for a corporation shall be executed by an authorized vice-president or superior corporate officer. Applications executed by a partnership shall be executed by an authorized general partner. Applications shall be made upon a form to be designed by the Town Manager or his designee, which form shall include:
(1) The name, address and telephone number of the applicant;
(2) The name, address and telephone number of any agent who will or might represent the applicant in any Town review proceeding regarding the application;
(3) A general description of the proposed amendment to the Land Development Code, explaining why the amendment is necessary or appropriate;
(4) The specific code sections to be amended or adopted and the specific wording to be adopted;
(5) An analysis of the impact of the amendment on the environment and natural and historical resources, if any;
(6) An analysis of the degree of consistency of the proposed amendment with the Town's Comprehensive Plan;
(7) An analysis of the impact upon the town's ability to provide adequate public facilities and maintain the existing level of service for public facilities as identified in the Comprehensive Plan, if the amendment is granted; and
(8) Payment of all appropriate processing fees and charges, as set from time to time. Processing fees shall be compensation for the cost of review by the Town administration and administrative expenses. All applicants shall pay all costs necessary for the giving of any public notice as required by state or local law.
(f) Amendments by applicant to proposed amendment. Amendments to a pending application once said application is deemed to be sufficient for review after satisfaction of the requirements in division (e) of this section may not be made by the applicant unless said amendment is accepted by the Planning and Zoning Board or the Town Commission.
(g) Following a determination by the Town Manager or his designee that the application is sufficient for consideration and meets the requirements of division (e) of this section, if applicable, the Town Clerk shall advertise a public hearing to be held by the Planning and Zoning Board/Local Planning Agency. The advertisement shall contain notice of the time, place, date and purpose of the Planning and Zoning Board/Local Planning Agency public hearing. It shall be placed in a newspaper of general circulation, as defined in the Chapter 50, Fla. Stat. Said publication shall be made not less than 15 days prior to the date of the public hearing regarding an application. Said notice shall advise the general public that the Planning and Zoning Board/Local Planning Agency will accept written or oral comment from the public with regard to the application; that the application may be reviewed by the public; the location, days, and time during which the application may be examined by the public; and that anyone wishes to appeal any action of the Planning and Zoning Board/Local Planning Agency may need a verbatim transcript of the public hearing and that said person shall be responsible for furnishing said transcript.
(h) Conduct of Planning and Zoning Board/Local Planning Agency Hearing. The Planning and Zoning Board/Local Planning Agency shall encourage and accept oral and written comments from the applicant or the applicant's agent or attorney, Town staff or other governmental entities, the Town Attorney and the general public. The Board may, in its discretion, seek the recommendation of the Town Planner or other consultant with Town Commission concurrence. Letters or other written communications received by the Town regarding a pending application shall be considered by the Planning and Zoning Board/Local Planning Agency and made a part of the record. Following the public hearing, the Planning and Zoning Board/Local Planning Agency shall make a recommendation to the Town Commission with regard to each application. The recommendation may be based upon all factors affecting the public health, safety, welfare, economic order, public interest and aesthetics, but the recommendation must include a finding regarding the consistency with and relationship of the proposal to the Comprehensive Plan. The recommendation shall be forwarded to the Town Commission for review and final action.
(i) Preparation of Ordinance. In any proposal to amend the Land Development Code brought pursuant to this Section, Town resources shall not be expended or utilized to prepare an ordinance implementing any proposed amendment until the Town Commission has authorized the preparation of such an ordinance.
(Am. Ord. 2017-05, adopted 12-20-17)