§ 3-9-10. Amendments.

(a)

Generally. This Chapter, the Official Zoning Atlas or the county's comprehensive plan may, from time to time, be amended or repealed as provided in this section and Florida Statutes as applicable.

(b)

Initiation of proposals for amendments. An amendment to the county's comprehensive plan, land development regulations or the zoning atlas may be proposed by anyone with a legal interest in the property. However, an applicant who is not the owner of the subject property shall be required to present evidence of legal authority from the owner to submit an application. Amendments to the county's comprehensive plan shall also comply with any other applicable regulations found in F.S. sections 163.3184 and 163.3187, as amended.

(c)

Written petition. Applications for rezoning shall be obtained from and filed with the appropriate county department and shall be accompanied by the applicable fee to be established by resolution of the BCC. No application for zoning amendment shall be heard by the P&Z board until such fees and charges have been paid by the petitioner or waived by the BCC. The department director or his/her designee shall review the application for sufficiency and completeness. If additional information is required, the department director or his/her designee shall advise the applicant within ten (10) working days after receipt of the application. Upon finding the application to be correct and complete, it shall be scheduled for a public hearing before the P&Z board at the next available meeting. The department director or his/her designee shall also review the application for consistency with the comprehensive plan and the applicable land development regulations used to implement the comprehensive plan. Should any conflict exist as a result of the consistency review, the applicant shall be advised of such at least five (5) days prior to the P&Z board meeting at which the application is scheduled to be heard. At a minimum, applications for rezoning shall include the following:

(1)

A certified survey of the property to be rezoned.

(2)

A legal description of the entire property to be rezoned, including the size of the parcel involved.

(3)

A narrative stating the applicant's justification for the rezoning request based upon the standards for approval of such a rezoning request set forth in subsection (h)(1).

(d)

Published notice. No request for a zoning amendment may be considered by the P&Z board until such time as notice of a public hearing on the proposed amendment has been given by publication in a newspaper of general circulation in the county at least fifteen (15) calendar days in advance of the public hearing.

(e)

Mailed notice.

(1)

The county shall notify the owner of each property located within five hundred (500) feet of the subject property via first-class mail sent to the last address listed for each owner in the Charlotte County Property Appraiser Real Property Records.

(2)

The notice shall be mailed at least ten (10) days prior to the date of the P&Z public hearing and at least thirty (30) days prior to the date of each BCC public hearing.

(3)

Mailed notices under this section are not required for applications initiated by Charlotte County. However, the county shall publish notice of all required hearings as provided for in this Code. The county may also send mailed notices to surrounding property owners at its discretion.

(4)

Failure to receive a mailed notice shall not invalidate the proceedings.

(f)

Posted notice. The county shall post notice at the subject property not less than ten (10) days prior to the public hearing at which the application will be heard. The notice shall contain the time, date and place of the public hearing and shall state the action being considered. The notice shall be posted on the subject property or at a point visible from the nearest public street.

(g)

Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings if a good faith attempt has been made to comply with applicable notice requirements.

(h)

Standards for approval.

(1)

For the rezoning of land, the recommendations of the P&Z board and decision of the board of county commissioners (BCC) shall be made after giving due consideration to:

a.

Whether the proposed change is consistent with the comprehensive plan;

b.

The existing land use pattern in adjacent areas;

c.

The capacity of public facilities and services, including but not limited to schools, roads, recreational facilities, wastewater treatment, water supply, and stormwater drainage facilities;

d.

Whether the proposed change will adversely influence living conditions or property values in adjacent areas;

e.

Whether the proposed change will affect public safety;

(2)

Decision of the BCC:

a.

The BCC must find that the applicant has shown the proposal is consistent with the comprehensive plan and complies with all procedural requirements of this zoning code;

b.

Upon making such a positive finding, if the BCC wishes to deny the petition then the burden shifts to the BCC to demonstrate that maintaining the existing zoning classification with respect to the property accomplishes a legitimate public purpose.

(3)

When pertaining to other proposed amendments of these zoning regulations, the P&Z board shall consider:

a.

The need and justification for the proposed change; and

b.

The relationship of the proposed amendment to the comprehensive plan.

(i)

Board of county commissioners action on P&Z board recommendations. Upon receipt of the P&Z board recommendations, the BCC shall hold a second public hearing with notice to be given as required by law (F.S. section 125.66) and by subsections (d), (e), and (f) above.

(j)

Notice of decision. Written notice of decision shall be sent to the applicant and a copy shall be placed on file with the county within ten (10) business days of a decision being rendered, where it shall be available for public inspection during regular office hours. A copy of the ordinance adopting the change shall be sent to the applicant after the ordinance is recorded by the county clerk.

(k)

Withdrawal of application. An applicant or legally appointed representative may request the withdrawal of a previously submitted application at any time. A request to withdraw an application shall be provided in writing to the zoning official unless the applicant requests such withdrawal on the record at a scheduled public hearing. A written request shall be signed by all persons who signed the application or by a legally appointed representative. The zoning official may authorize a refund of all or part of the application fee if an application is withdrawn more than four (4) weeks prior to the first scheduled public hearing. If a request to withdraw an application is made less than four (4) weeks prior to the first scheduled public hearing, then no part of the application fee shall be refunded.

(l)

Postponement of scheduled public hearings by applicant(s). An applicant may request postponement of a scheduled public hearing to any one (1) of the next four (4) scheduled public meeting dates of the presiding board provided that such date is available. A request to postpone the scheduled public hearing must be made in writing and must be received by the zoning official at least fifteen (15) calendar days prior to the scheduled public hearing. The request shall be signed by all persons who signed the application or by a legally appointed representative. The zoning official shall remove the application from the agenda and mail notice of such change to all property owners included in the original mailing. The notice of change shall indicate the application's postponement of public hearing and shall include the date and time of the rescheduled public hearing if such information is available. If the date and time of the rescheduled public hearing is not available at the time of this mailing, a separate notice of public hearing shall be mailed in accordance with the requirements of subsection (e) above. The applicant shall pay the cost of all additional published and mailed notices if such notices are required.

(Minutes of 12-8-81, § 12; Res. No. 87-257, §§ 5, 6, 10-20-87; Ord. No. 91-53, § 1, 10-1-91; Ord. No. 2015-017, § 1, 4-28-15; Ord. No. 2015-049, § 1(Exh. A), 10-27-15; Ord. No. 2018-012, § 1(Exh. A), 3-27-18)

Note— See editor's note at § 3-9-8.