§ 2.08.00. Comprehensive Plan amendments, rezonings, [Land Development Code] changes and amendments.

The Board of County Commissioners may from time to time, on its own motion or on petition, or on recommendation of the Local Planning Board, amend, supplement, change, modify or repeal by ordinance the boundaries or districts or regulations or restrictions herein established after public hearing, in accordance with Florida Law, provided however, that such amendments, supplement, change or modification is consistent with the adopted Comprehensive Plan. In the event that such requested change is not consistent with the adopted Comprehensive Plan the Board of County Commissioners must amend the Comprehensive Plan following the procedures delineated in F.S. ch. 163 (see Section 2.09.00 of this ordinance).

A.

Every proposed rezoning to this ordinance shall be submitted in writing at least thirty (30) days prior to the next regularly scheduled local planning board meeting. The written application must be accompanied by a declaration of consistency with the adopted Comprehensive Plan.

1.

When said application or petition is initiated by interested property owners or authorized agents of such owners, the application shall describe by legal description and by street address, where possible, the property to be affected by the proposed change, setting forth the present zoning applicable thereto and specifying the district, zone or use requested by the applicant. Such application shall be in a form substantially in accordance with the form prescribed by the county planning and zoning division.

2.

All such applications by owners or agents shall include a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation will be sufficient.

3.

There shall, at said time, be paid to the county department of community planning, zoning and development a sum for each requested change; provided, however, that as many contiguous lots or parcels of property as the applicant owns may be included in any single petition. The sum to be paid for said rezoning shall be prescribed by the board of county commissioners.

B.

The county department of community planning, zoning and development shall transmit the application to the local planning board for consideration at its next meeting. The local planning board may make a final recommendation at its next regularly scheduled meeting or take action during the following meeting. In any case, it shall hear and evaluate comments from the county planning and zoning division and such other departments as may be pertinent.

[C].

No less than fourteen (14) days before the regularly scheduled Local Planning Board meeting, the Planning and Zoning Department shall: 1) Place a sign no smaller than 20" × 30" on or in front of the subject property, clearly visible and readable from the nearest abutting right-of-way; and 2) Send a letter via first-class mail to all property owners within 500 feet of the boundary of the subject property (as determined by the Office of the Property Appraiser); however, if the rezoning or land use amendment is located in the Rural Protection Zone, as identified by the Rural Development Plan, notice shall be sent to property owners within fifteen hundred (1,500) feet of the boundary of the subject property. For any type of borrow pit or disposal facility (LCD or C&D), the notice shall be sent to property owners within fifteen hundred (1,500) feet of the property where said rezoning is proposed. Within fourteen (14) days, the Planning and Zoning Department shall place an advertisement in a newspaper qualified for legal advertisements circulated in the County.

The sign, letter sent via first-class mail, and advertisement shall set forth in simple terms the time, location, date of such public meeting, the existing zoning and proposed zoning. After such consideration, the Local Planning Board shall report its recommendation to the County Commission for final action.

[D].

Upon receipt of the report from the Local Planning Board, the County Commission shall set a date for a public hearing for consideration of the rezoning request.

[E].

When a public hearing is to be held on an application for rezoning before the County Commission, the Planning and Zoning Department shall: 1) Place a sign no smaller than 20" × 30" on or in front of the subject property, clearly readable from the nearest abutting right-of-way; 2) Send a letter via first-class mail to all property owners (as determined by the Office of the Property Appraiser) within 500 feet of the boundary of the subject property; however, if the rezoning or land use amendment is located in the Rural Protection Zone, as identified by the Rural Development Plan, notice shall be sent to property owners within fifteen hundred (1,500) feet of the boundary of the subject property.

The sign and letter sent via first-class mail shall set forth in simple terms the time, location, date of such public hearing, the existing zoning and proposed zoning. The sign shall be posted and the letters sent via first-class mail fourteen (14) calendar days prior to the scheduled public hearing.

Failure to comply with the requirements set forth above will result in the postponement of the requested public hearing. The Planning and Zoning Department shall be responsible for publishing of a legal notice for said hearing as required by Florida Law.

With the consent of the applicant, a rezoning may be approved subject to specific conditions, including but not limited to use restrictions, density restrictions, buffering provisions or access limitations. Any such condition shall be specified in the ordinance approving the rezoning.

2.08.01. Time for reapplying after denial.

No new application for amendment, change or modification of the boundaries or districts, regulations or restrictions contained in this ordinance shall be permitted to be filed until after the expiration of twelve (12) months from the filing of a previous application with the planning director as provided in this Section (above), covering substantially the same provisions.

(Ord. No. 98-06, § 1, 5-14-98; Ord. No. 2004-25, § 1, 8-13-04; Ord. No. 2005-32, § 1, 9-22-05; Ord. No. 2007-26, § 1, 8-23-07; Ord. No. 2011-19, § 1, 7-28-11; Ord. No. 2018-06 , § 1, 5-24-18)