§ 30-411. Generally.

(a)

Purpose. The purpose of this division is to provide a means for changing the text of this chapter or the official zoning map ("zoning map"). It is not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in the comprehensive plan, but only to make necessary adjustments in light of changed conditions. In determining whether to grant a requested amendment, the village council shall consider, in addition to the factors set forth in this division, the consistency of the proposed amendment with the provisions and intent of the comprehensive plan.

(b)

Authority. The village council may amend the text of this chapter or the zoning map upon the compliance with the provisions of this division. Amendments to the zoning map may be proposed by the village manager, village council, village council member, director of planning and development services, or the owner or other person having a contractual interest in property subject to the map amendment. Amendments to the text of this chapter may be proposed by any of the above persons or any resident or property owner in the village. The director of planning and development services shall have the responsibility to establish the format by which applications can be submitted. The director of planning and development services shall have the authority to screen those amendments, processing only those which are presented on a complete application, and those deemed insufficient shall be returned to the applicant for correction and resubmittal within 21 days. Failure of the applicant to resubmit the application within the timeframe specified above shall require a new submittal.

(c)

Timing. Applications for map and text amendments to this chapter shall be accepted at any time. The director of planning and development services shall review and process the map and text amendment applications as they are received and make recommendations to the village council.

(d)

Procedures.

(1)

Proposals by village council, councilmembers, village manager and director of planning and development services. Proposals for amendments by the village council, or councilmember, the village manager or the director of planning and development services shall be transmitted to the department of planning and development services for review and recommendation to the village council.

(2)

Proposals by affected landowners. Any landowner or other person having a contractual interest in property desiring an amendment to the zoning map or any resident or property owner in the village desiring to amend the text of this chapter shall file an application with the director of planning and development services, accompanied by a nonrefundable application fee as established from time to time by resolution of the village council to defray the actual cost of processing the application. The director of planning and development services shall review the application and prepare a recommendation to the village council.

(3)

Public hearings. The village council shall hold public hearings on a proposed amendment to the text of this chapter or to the zoning map as required by this chapter and F.S. § 166.041.

(4)

Action by village council following public hearings.

a.

The village council shall consider the report and recommendation of the department of planning and development services, and the testimony given at the public hearings.

b.

The village council must find that the application is consistent with the comprehensive plan, that the applicant has complied with all procedural requirements of this section and that the maintenance of the existing zoning on the property does not accomplish a legitimate public purpose. The village council shall make its determination on legitimate public purpose based on one or more of the following factors:

1.

Demand for the proposed zoning district in the village in relation to the amount of land currently zoned and available to accommodate that demand;

2.

Compatibility of the site's physical, geological, hydrological and other environmental features, with the uses permitted in the proposed zoning district;

3.

Data errors, including errors in mapping, vegetative types and natural features described in the comprehensive plan;

4.

New issues;

5.

Recognition of a need for additional detail or comprehensiveness; or

6.

Compatibility of the proposed district with the property surrounding the site of the requested rezoning and any applicable neighborhood or redevelopment plan.

However, in no event shall an amendment be approved which will result in an adverse community change.

c.

In the event of a written protest against such amendment signed by the owners of 20 percent or more either of the area of the lots or land included in the proposed amendment or of the lots or land immediately adjoining the property to be affected and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of four members of the village council.

d.

Except as provided in subsection (d)(4)c of this section, the village council may take action by a vote of not less than a majority of its total membership as follows:

1.

Adopt the proposed amendment with or without modifications; or

2.

Grant another zoning classification that is more restrictive than the proposed classification, but within the same general use classification (i.e., residential, commercial, industrial, etc.) and is consistent with the land use plan designation and comprehensive plan; or

3.

Reject the proposed amendment; or

4.

Refer the matter back to village staff for further consideration.

e.

Typographical or drafting errors. Amendments to the text to correct typographical or drafting errors may be adopted by the village council at any regular meeting without posted notice or public hearing.

f.

Transmittal to state department of community affairs. As long as the village is designated an area of critical state concern, notice of all amendments provided for in this division shall be transmitted to the state department of community affairs within 30 days.

g.

Further petitions after withdrawal or denial. When any application for change of zoning district is withdrawn after the initial public hearing by the applicant, or denied by the village council, no other such same type of application for change of zoning district on the same property shall be considered within two years from the date of such withdrawal or denial, unless waiver of this provision is granted for good cause by the village council.

(Ord. No. 01-19, § 4(4.8.1), 11-19-2001; Ord. No. 02-29, § 4, 11-21-2002)