§ 157.116  PROCEDURE.
   The procedure for amendment of this chapter shall be as follows:
   (A)   A district boundary change may be initiated by:
      (1)   The owners of at least 75% of the property described in the application;
      (2)   Tenants, with the owner’s sworn-to consent;
      (3)   Duly authorized agents, evidenced by a written power of attorney;
      (4)   Town Council;
      (5)   Planning and Zoning Board; and/or
      (6)   Any department or agency of the town.
   (B)   Any amendment to this chapter other than a district boundary change may be proposed by:
      (1)   The Town Council;
      (2)   The Planning and Zoning Board;
      (3)   Any department or agency of the town; and/or
      (4)   Any individual, corporation or agency.
   (C)   All proposed amendments shall be submitted to the Planning and Zoning Board, which shall study the proposals to determine:
      (1)   The need and justification for the change;
      (2)   When pertaining to the rezoning of land, the effect of the change, if any, on the particular property and on surrounding properties;
      (3)   When pertaining to the rezoning of land, the amount of undeveloped land in the general area and in the town having the same classification as that requested; and
      (4)   The relationship of the proposed amendment to the purpose of the town plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan.
   (D)   No recommendation for change or amendment may be made by the Planning and Zoning Board until due public notice has been given of a public hearing. Public hearing notice before the Planning and Zoning Board shall be given at least 15 days in advance of the hearing by posting such notice at the Town Hall. Public hearing notice before the Town Council for the adoption of an ordinance amending Chapter 157 shall be provided as required by F.S. Ch. 166, as amended from time to time. In addition notice of public hearing shall be posted at least seven days in advance of such hearing before the Town Council at the Town Hall.
   (E)   A notice shall be mailed to the property owners of record within a radius of 500 feet; however, failure to receive the notice shall not affect any action or proceedings taken under this section.
   (F)   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 the incorporated or unincorporated areas in order to give the body an opportunity to appear at the hearing and express its opinion on the effect of the district boundary change.
   (G)   The Planning and Zoning Board shall submit the request for change or amendment to the Town Council with written reasons for its recommendation.
   (H)   The Town Council shall hold public hearings on the recommendation of the Planning and Zoning Board, giving public notice under the same procedure specified in divisions (D) through (F) above of this section.
(2000 Code, § 66-171)  (Ord. 75-01, passed 7-14-1975; Ord. 2013-05, passed 3-26-2013)