§ 106-43. Zoning reevaluation program.

(a)

Inconsistent zoning districts prohibited. No development order shall be granted on unimproved property unless and until the unimproved property obtains a determination of consistency from the growth planning director which finds that the zoning district on the unimproved property is consistent with the growth management plan. Any zoning district on unimproved property that is not consistent with the growth management plan shall not be permitted, applied for, nor approved, except in accordance with an exemption pursuant to section 106-40, a compatibility exception pursuant to section 106-45, or a positive determination of vested rights pursuant to section 106-46.

(b)

Comprehensive rezoning required. Any zoning district on unimproved property that is inconsistent with the growth management plan pursuant to section 106-44 shall be subject to a single comprehensive zoning district amendment (rezoning) under this section by the county for the planning community in which it is located in order to bring it into compliance with the growth management plan.

(c)

Notice of inconsistency and rezoning. Not less than 15 calendar days prior to the first public workshop for each planning community, the growth planning director shall mail a notice of inconsistency and rezoning to each affected owner of unimproved property within the subject planning community, on which any zoning district has not been determined to be exempt pursuant to section 106-40 and has been determined to be inconsistent pursuant to section 106-44. The notice shall include the name of the owner; the property description or address; a statement that a zoning district on the property is inconsistent with the growth management plan and the reasons for such determination of inconsistency; identification and notification of the existing zoning districts and the zoning districts to which the property is proposed to be rezoned; a statement that the owner may have the right to object to the rezoning of its property pursuant to an exemption under section 106-40, a compatibility exception under section 106-45, or pursuant to a positive determination of vested rights under section 106-46; notification of the locations, dates, and times of zoning reevaluation workshop(s) and public hearings on the rezoning of the property. Such notice shall be by certified return receipt requested U.S. mail, to the address shown on the then current year's county tax roll, and failure to receive such notice shall not serve as grounds to delay or invalidate the rezoning of any such property. Notice of the public hearings for each planning community's comprehensive rezoning shall be published in accordance with F.S. § 125.66(5)(b).

(d)

Objections to rezoning. Any affected owner of unimproved property on which any zoning district is determined to be inconsistent pursuant to section 106-44 may submit to the growth planning director a written application objecting to the proposed rezoning of its property on the sole grounds that it is entitled to a compatibility exception pursuant to section 106-45, a positive determination of vested rights pursuant to section 106-46, or both. The application shall be submitted to the growth planning director no later than 120 calendar days after notice of inconsistency and rezoning has been sent to such owner under subsection (c) of this section, and shall be in the form established by the growth planning director. The submission of a completed application shall cause the property to which it applies to be withdrawn from the comprehensive rezoning scheduled for the planning community in which it is located. The owner of the property shall then diligently follow the provisions and procedures of section 106-45, section 106-46, or both, whichever is applicable. The withdrawal of a property from the comprehensive rezoning process for a planning community shall not mean that the property is entitled to a compatibility exception, a positive determination of vested rights, or both, but merely affords the owner the option to pursue these determinations prior to the rezoning of its property. Any property which fails to obtain either a compatibility exception or a positive determination of vested rights shall at that time be subject to a zoning district amendment (rezoning) in accordance with the regular rezoning procedures of the county in order to bring it into compliance with the growth management plan.

(e)

Zoning reevaluation workshops. Not less than 30 days prior to the first public hearing for each planning community, the growth planning director shall conduct one or more zoning reevaluation workshops within the boundaries of the applicable planning community. The workshops shall be held on a weekday and shall provide a forum for questions and comments on the proposed comprehensive rezoning for that planning community.

(f)

Comprehensive rezoning by planning commission and board of county commissioners. Not less than 30 days after the final zoning reevaluation workshop in each planning community, the planning commission shall hold the first advertised public hearing on the proposed comprehensive rezoning for the applicable planning community. The growth planning director recommendations and report and public testimony shall be heard. After the public hearing has been closed, the planning commission shall recommend to the board of county commissioners to grant, grant with conditions, or deny the comprehensive rezoning. A second advertised public hearing shall be held by the board of county commissioners approximately two weeks after the conclusion of the first public hearing. The growth planning director's recommendation and comments, the planning commission's recommendation, and public testimony shall be heard. Public testimony at each hearing shall be limited to five minutes per participant unless the board of county commissioners grants an extension of time for good cause shown. The comprehensive zoning district amendment (rezoning) for the applicable planning community shall be accomplished by ordinance at the second public hearing.

(Ord. No. 90-23, § 8)