(a) A district boundary change, zoning map amendment, or change in the zoning classification, which are applicable to a particular parcel of land and not an entire zoning district may be initiated by:
(1) The owner or owners of at least 75% of the property described in the application;
(2) Duly authorized agents evidenced by a power of attorney;
(3) Town Commission;
(4) Planning and Zoning Board; or
(5) Any department or agency of the Town.
(b) All proposed amendments shall be submitted to the Planning and Zoning Board which shall study such proposals to determine:
(1) The need and justification for the change;
(2) The effect of the change, if any, on the particular property and on surrounding properties;
(3) The amount of undeveloped land in the general area and in the Town having the same classification as that requested;
(4) The proposed change in relationship to the purpose and intent of the present zoning and the zoning requested; and
(5) The relationship of the proposed amendment to and consistency with the Comprehensive Plan.
(c) Public Notice.
(1) No recommendation for change of the zoning classification applicable to a particular parcel of land or amendment of the zoning map adopted by § 7A-15 may be made by the Planning and Zoning Board until due public notice has been given of a public hearing. For purposes of this sub- section, due public notice consists of notice of a public hearing which shall be given at least 15 days in advance of the hearing by the publication in a newspaper of regular and general circulation in the Town and notice shall be posted at the Town Hall. Said notice shall disclose the date, time, and place of the public hearing; the current zoning designation; the proposed zoning designation; that the rezoning application may be reviewed by the public; the location, days, and time during which the application may be examined by the public; notice that the Planning and Zoning Board/Local Planning Agency will accept written or oral comment from the public with regard to the application; and notice 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. No recommendation for change shall be made by the Planning and Zoning Board unless and until the public hearing has been advertised.
(d) For proposed zoning changes of the zoning district designation of a particular parcel or parcels of land, a notice of the public hearing shall be mailed to the property owners of record of a parcel or parcels of land any part of which is located within a radius of 500 feet of the parcel of land to be rezoned; however, failure to receive such notice shall not affect any action or proceedings taken hereunder. Public rights-of-way shall not be construed as parcels of land. At a minimum said notice shall be deposited in the first class, U.S. mail, return receipt requested, postage prepaid to the owners of parcels of land, at least 15 days prior to the date of the public hearing. The names and addresses of the owners of parcels of land any part of which are located within 500 feet shall be obtained from the current records of the Brevard County Property Appraiser. Said notice shall contain a map depicting the location of the parcel of land to be rezoned; the date, time, and place of the public hearing; the current zoning designation; the proposed zoning designation; that the rezoning application may be reviewed by the public; the location, days, and time during which the application may be examined by the public; notice that the Planning and Zoning Board/Local Planning Agency will accept written or oral comment from the public with regard to the application; and notice that anyone who 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.
(e) When any proposed change of a zoning district boundary lies within 500 feet of the boundary of an incorporated or unincorporated area notice shall be forwarded to the Planning Board or governing body of such incorporated or unincorporated areas in order to give such body an opportunity to appear at the hearing and express its opinion on the effect of the district boundary change.
(f) The Planning and Zoning Board shall submit the request for change or amendment to the Town Commission with written reasons for its recommendation.
(g) The Town Commission shall hold public hearings on the recommendation of the Planning and Zoning Board, giving public notice as required by State Statute.
(h) Any zoning approval given by the Town Commission shall be by 80% favorable vote of the total Town Commission.
(`75 Code, Appendix A, Art. XIII, § 1) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)