§ 7.04.00. Rezoning.

7.04.01. Purpose and Intent.

A rezoning may be initiated by the County, or by a property owner or agent of a property owner. The basis for review of application for rezoning entails a review of data and analysis in support of the rezoning; analysis of the impact of the rezoning on public facilities Levels of Service; and an analysis of the need for the proposed rezoning in relation to the goals, objectives and policies of the Comprehensive Plan.

7.04.02. Contents of the Application.

Rezoning requests shall be submitted to the Planning and Development Division on an application form provided by the County, together with applicable fees, which shall have been established by resolution of the Board of County Commissioners. The application shall contain, at a minimum, the following information:

(A)

A legal description of the property, including the size of the area in acres;

(B)

A description of the proposed rezoning, specifying the goals, objectives and policies of the Comprehensive Plan that it supports and advances;

(C)

A detailed map showing the location of the property in the County, existing land use, existing surrounding land uses; existing zoning and boundaries of the zoning district, and the proposed boundaries of the rezoned district;

(D)

The location of existing sewer service and potable water facilities to the development site and whether or not the existing facilities will serve the new development;

(E)

The functional classification of all roadways that will be impacted by development permitted by the proposed zoning district, with current and estimated future daily traffic volumes;

(F)

The location of all public and private streets, driveways and utility easements within and adjacent to the site;

(G)

A description of the terrain and the vegetation on the site, including an aerial photograph of the site itself, and in relation to surrounding properties;

(H)

An inventory and description of surface water and wetlands; and any floodplains on the site;

7.04.03. Planning and Zoning Board Standards for Evaluation.

The Planning and Zoning Board shall review every request for rezoning. In reviewing and formulating recommendations to the Board of County Commissioners on rezoning applications, the Planning and Zoning Board shall specifically consider and evaluate the proposed rezoning against the following standards:

(A)

Consistency with the Comprehensive Plan. The proposed rezoning is consistent with the goals of the Hardee County Comprehensive Plan;

(B)

Concurrency Analysis. The proposed rezoning contains an analysis of the Levels of Service for all public facilities and services; identifies the timing of improvements to maintain Levels of Service established by the Comprehensive Plan; and estimates the cost of such improvements to the County and to the developer; for transportation concurrency, this determination shall consist of a preliminary assessment of the impacted segments on the adjacent street system. Additional analysis may be made based on procedures described in the Hardee County Traffic Impact Study Procedures Manual based on the discretion of the County Engineer or designee;

(C)

Impact Analysis. The proposed rezoning has been analyzed to identify future adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibilities and the general welfare of the County, such as the following:

(D)

Zoning and Use of Nearby Property. An analysis of the range of development that will occur as a result of the rezoning, in comparison to the existing pattern of development, and the future pattern established by the Comprehensive Plan. Depending on the uses permitted in the proposed zoning district, inconsistency in the two patterns may be created;

(E)

Substantial Changes in Land Use Circumstances. Analysis of the effect of significant changes in land use in the vicinity of the proposed rezoning. Such changes are substantial if they include: widening of a street, expansion of existing permitted uses, the completion of a subdivision that was previously platted, the construction of a new public facility, such as a park, or any number of other examples. One such change may not be significant and may not justify the rezoning, but several would be and may justify rezoning to higher intensities;

(F)

Time Vacant. If the property (site) is vacant, an analysis of the length of the vacancy versus the present zoning classification is important. In particular, an analysis should have been done to compare the rate of land development in the vicinity of the property and the conversion of vacant land to development in the same zoning district in other parts of the County; and,

(G)

Compatibility Standards.

a.

Whether one or more of the following design standards proposed for the subject property will differ substantially from the design standards currently allowed for any of the adjacent properties, such as:

(01)

Yards;

(02)

Setbacks;

(03)

Height;

(04)

Lot Coverage;

(05)

Impervious Surface Coverage;

(06)

Parking;

(07)

Hours of Operation.

b.

Whether the intensity or density of use will be greater or lesser than that currently permitted for adjacent or currently existing properties;

c.

Whether the proposed change in land use will adversely alter the existing land use pattern;

d.

Whether the proposed change in land use will significantly increase traffic congestion or otherwise affect public safety;

e.

Whether the proposed change in land use will adversely affect the drainage of the property;

f.

Whether the proposed change in land use will decrease the quality of water, air or light to adjacent properties;

g.

Whether the proposed change in land use will adversely affect the property values of the adjacent properties;

h.

Whether the proposed change in land use will cause noticeable glare, noise, or odors for the adjacent properties;

i.

Whether the proposed change in land use would create a mixture of land uses so dissimilar to the existing pattern of development, that the overall quality and character of the surrounding neighborhood would be degraded; and

j.

Whether the detrimental effects of any identified incompatibilities can be mitigated or eliminated by adequate buffering.

7.04.04. Public Hearings.

Due Public Notice. No request for rezoning may be considered by the Planning and Zoning Board until due public notice has been given of a public hearing. All procedures for advertisement and notification of a public hearing must be followed as delineated in Article 8, Section 8.05.00 of this Code.

7.04.05. Findings and Recommendation to Approve a Rezoning.

The Planning and Zoning Board may recommend approval of an application for a rezoning only when all of the following conditions are met:

(A)

The proposed rezoning is consistent with the Hardee County Comprehensive Plan;

(B)

The proposed rezoning will not degrade the Level of Service of one or more public facilities and services, or contains commitments to make improvements to maintain Levels of Service established by the Comprehensive Plan, and does not increase the cost of improvements to be undertaken by the County as stated in the Capital Improvements Element; and,

(C)

The proposed rezoning and all permitted uses are compatible with development on surrounding property; or compatibility can be achieved by the imposition of conditions, buffers or limitations on the uses within the zone, which are specified in the Planning and Zoning Board's recommendation. By this analysis the Planning and Zoning Board determines whether or not the proposed rezoning provides "appropriate use" of the property.

7.04.06. Burden of Proof for a Rezoning.

The burdens of proof in a rezone are as follows:

(A)

The initial burden is upon the applicant to prove that the rezoning proposal is consistent with the Comprehensive Plan and complies with all procedural requirements of this Land Development Code.

(B)

At this point, the burden shifts to the County to demonstrate that maintaining the existing zoning classification with respect to the property accomplishes a legitimate public purpose. The County has the burden of showing that the refusal to rezone is not arbitrary, discriminatory, or unreasonable.

7.04.07. Decision By Board of County Commissioners.

Within 30 days of receipt of the Planning and Zoning Board recommendation, the Board of County Commissioners shall hold a public hearing, after due public notice, on all recommendations associated with a rezoning from the Planning and Zoning Board. It may accept, reject, modify, return or continue and seek additional information on those recommendations. No approval of an application for rezoning shall be granted unless approved by a majority of the Commissioners voting.

(Ord. No. 2015-05, § 1, 8-20-2015)