The procedure for amendment of this chapter shall be as follows:
(A) A district boundary may be initiated by:
(1) The owner or owners of at least seventy-five percent (75%) of the property described in the application;
(2) Tenant or tenants, with owner's sworn-to consent;
(3) Duly authorized agents evidenced by a written power of attorney;
(4) City Council;
(5) Planning and Zoning Board;
(6) Any department or agency of the city.
(B) Any amendment to this chapter other than a district boundary change may be proposed by:
(1) City Council;
(2) Planning and Zoning Board;
(3) Any department or agency of the city;
(4) Any individual, corporation or agency.
(C) All proposed amendments shall be submitted to the Planning and Zoning Board which shall analyze the factors of analysis applicable to the proposed amendment prior to making a recommendation to City Council:
(1) Future Land Use Map Amendment Factors of Analysis:
(a) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city;
(b) Whether the proposed amendment will adversely affect the level of service of public facilities;
(c) Whether the proposed amendment will adversely affect the environment or the natural or historical resources of the city or the region as a result of the proposed amendment;
(d) Whether the amendment will have a favorable or adverse effect on the ability of people to find adequate housing reasonably accessible to their places of employment;
(e) Whether the proposed amendment will promote or adversely impact the public health, safety, welfare, or aesthetics of the region or the city;
(f) Whether the requested amendment is consistent with all elements of the Comprehensive Plan and established Levels of Service.
(g) Whether the request maximizes compatibility (consistent with the definition found in Florida Statutes § 163.31649) between uses;
(h) Whether the request provides for a transition between areas of different character, density or intensity;
(i) Whether the request relocates higher density and intensity uses in areas which already feature adequate vehicular access and access to public facilities; and
(j) Whether the request considers land use equity in accordance with Policy FLU - 1.12A of the Comprehensive Plan.
(2) Zoning Map Amendment Factors of Analysis:
(a) The applicant's need and justification for the change and whether it aligns with the community's current or future needs;
(b) The effect of the change, if any, on a particular property and surrounding properties;
(c) The amount of existing undeveloped land in the general area of the city having the same classification as that requested;
(d) Whether the proposed amendment furthers the purpose of the city's Comprehensive Plan, or other strategic plans applicable to the proposed development and the provisions in the Land Development Code;
(e) Whether the requested district is substantially different from that of the surrounding area; and
(f) Whether the request provides for a transition between areas of different character, density or intensity.
(D) When a change of zoning classification of a single parcel is proposed, or a group of not more than five hundred (500) parcels, of any property within the city, a notice shall be mailed to each property owner whose zoning classification is proposed to be changed, using owner's current address of record, as maintained by the Tax Assessor, and be postmarked not later than ten (10) days prior to the scheduled hearing. Prior to the effective date of any zoning classification change, the City Council shall cause an affidavit to be filed with the City Clerk certifying its compliance with the provisions of this section. A failure to give notice shall not affect the validity of zoning except as to the property of the complaining owner.
(E) When any proposed change of a zoning district boundary lies within five hundred (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 City Council with written reasons for its recommendation.
(G) The City Council shall hold public hearings on the recommendation of the Planning and Zoning Board, giving public notice as required by the state statutes and by posting notice in city hall.
('74 Code, § 25-292) (Ord. 89- 08, passed 4-27-89; Am. Ord. 95- 45, passed 10-19-95; Am. Ord. 2016-17, passed 4-21-16; Am. Ord. 2023-48, passed 7-20-23)