(A) The regulations imposed and the districts created by this chapter may be amended from time to time. Before any variance, zoning change or special use request is granted or considered by the City Commission, Board of Adjustment or the Planning and Zoning Commission, a notice shall be published in a newspaper of general circulation in the city at least 15 days prior to the hearing advising the public of the hearing date, time and place and giving the legal description and address of the property in question. In addition, the City Secretary shall cause a notice to be mailed to all property owners owning property within 200 feet of the site in question at least 15 days prior to any public hearing held on the variance, zoning change or special use request. The notice and mailed notifications shall explain the protest rights of property owners set forth in division (D) herein and shall contain a response form. A charge of $200 shall be assessed against the applicant for a variance request, zoning change or special use request, to cover publication and administrative expenses.
(B) Variances and special use permits are to be used within 90 days of issuance by the person requesting it. Variances and special use permits are nontransferable and, if not implemented within 90 days, the use reverts back to its previous designation as if no variance or special use permit had been allowed.
(C) If the zoning change is for an existing structure and the new zoning is not utilized within one year after rezoning, the property’s zoning reverts back to its previous zoning designation. If the zoning change is for proposed development, the development must be substantially complete within two years after rezoning or the property’s zoning reverts back to its previous zoning designation.
(D) If, after notification, 20% of the property owners within 200 feet of the site in question file a letter of protest, which includes their address and signature, with the City Secretary, or if the Planning and Zoning Commission recommends against the proposed request, the request may be approved and passed by the City Commission only upon a two-thirds vote in favor of the proposed request.
(Ord. 605, passed 1-25-2000)