§ 72-414. Amendment to official zoning map procedure.

(a)

An application for amendment of the official zoning map, submitted by any person or persons owning 51 percent or more of the subject land, shall be on a form supplied by the department, which shall be filed with said department, together with any applicable fees. The application shall include the following:

(1)

Current survey of the property prepared by a registered land surveyor licensed to practice in the State of Florida. The survey shall accurately reflect the current status of the parcel and shall have been completed within the past two years, or in lieu thereof a notarized statement from a title insurance company or attorney that a survey more than two years old continues to accurately reflect the current boundaries of the parcel.

(2)

Legal description of the property.

(3)

Notarized authorization of the owner if the applicant is other than the owner or the attorney for owner.

Provided, however, an application for an administrative amendment authorized by the county council shall be filed by the department. This application shall include a copy of the zoning map page depicting the property involved.

(b)

The department shall review the application. The department has three working days from the date the applicant submits the application to determine if it is complete and correct. If the application is found to be lacking any of the requested information or if the data and exhibits are inaccurate, it will not be considered "filed" for the purpose of processing, nor placed on the commission's agenda unless a sufficient application is submitted within three working days after the filing deadline date.

(c)

The department shall submit a written report containing its recommendations on each application to the commission and to the applicant at least one week prior to the meeting of the commission before which the application is to be heard unless an extension is granted by the county council.

(d)

The commission shall hold a public hearing on each application after due public notice, and forward its recommendation to the county council and to the applicant.

(e)

In its review of each application, the commission shall consider:

(1)

Whether it is consistent with all adopted elements of the comprehensive plan.

(2)

Its impact upon the environment or natural resources.

(3)

Its impact upon the economy of any affected area.

(4)

Notwithstanding the provisions of division 14 of the Land Development Code [article III], its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems.

(5)

Any changes in circumstances or conditions affecting the area.

(6)

Any mistakes in the original classification.

(7)

Its effect upon the use or value of the affected area.

(8)

Its impact upon the public health, welfare, safety or morals.

(f)

The county council shall hold a public hearing after due public notice on all recommendations from the commission. The county council shall consider those standards as contained in subsections (e)(1) through (8) in making its determination. It may accept, reject, modify, return or seek additional information on those recommendations. No approval of an amendment to the official zoning map shall be made unless, upon motion, four members of the county council concur. Amendments to said map shall be by resolution of the county council.

(Ord. No. 84-1, § LXIII, 3-8-84; Ord. No. 85-27, § X, 11-14-85; Ord. No. 86-16, § LI, 10-23-86; Ord. No. 87-14, § XXXIV, 6-18-87; Ord. No. 90-34, § 128, 9-27-90; Ord. No. 91-11, § XXXIV, 5-16-91; Ord. No. 94-4, § CXVI, 5-5-94; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2018-05, § XVI, 1-18-18)