PETITION FOR CHANGE. The Petitioner, for zoning change, special use, and/or variance shall present a Petition, in writing, upon forms furnished and available at the office of the City Clerk, together with the filing fee of fifty Dollars ($50.00). The Petitioner shall, in addition to the filing fee, deposit with the City Clerk the sum of Two Hundred Dollars ($200.00). Any legal fees incurred by the City as a result of such action of said Petition shall be deducted from said Two Hundred Dollar ($200.00) deposit. The balance, if any after said legal fees are paid, shall be refunded to the Petitioner. Furthermore, the Petitioner shall have published an official Notice of Public Hearing in the local newspaper not more than thirty (30) days or less than fifteen (15) days before the meeting of the Zoning Board at which the petition is to be heard. (Amended 2/3/97; Ordinance #97-1343 & Amended 1/5/98; Ordinance #98-1404) The Public Notice shall state:
a. purpose of the public hearing;
b. name of the petitioner;
c. address of the property named in the petition (both legal description and street address);
d. date, time and place of the Zoning Board meeting at which the public hearing will be held;
e. the place where the petition and any applicable maps will be accessible for examination by interested parties.
After payment of all costs of attorney's fees or other fees, and any balance that remains from the Two Hundred Dollars ($200.00) deposited as described hereinabove shall be refunded to the Petitioner. In addition to the payment as set forth hereinabove for the Two Hundred Dollars ($200.00), it shall be the sole responsibility of the Petitioner to pay all costs of publication to the applicable newspaper. In the event any further sums are due for costs incurred by the City on said petition, the Petitioner shall pay said costs prior to the City Council passing an ordinance pursuant to the public hearing.
The Petitioner in any special meeting of the Zoning Board which is called on behalf of said Petitioner and at the request of said Petitioner, shall pay a fee of Six Hundred Dollars ($600.00) which said fee shall cover the deposit, legal fees and the fees charged for the seven (7) board member attendance at the Zoning Board and any other costs associated therewith. The balance, if any after said fees are paid for said special meeting shall be refunded to said Petitioner. In the event said Six Hundred Dollars ($600.00) is insufficient to pay all costs associated with said Petition and hearing thereon, the Petitioner shall pay the balance prior the City Council enacting an ordinance on said Petition and pursuant to said public hearing. In addition to the Six Hundred Dollar ($600.00) deposit set forth hereinabove, it shall be the sole responsibility and expense of the Petitioner to pay all costs of publication incurred to the applicable newspaper.
22.2 Notification to Review Agencies
NOTIFICATION TO REVIEW AGENCIES. The Administrative Official shall notify and forward pertinent information to the following: Zoning Board of Appeals; Building Inspector; City Attorney; Superintendent of Utilities; Clay County Soil and Water Conservation District; and applicable Drainage District(s).
The Building Inspector, City Attorney, Superintendent of Utilities, Clay County Soil and Water Conservation District, and Drainage District(s) shall present their review, if any, to the Zoning Board of Appeals no later than the board’s meeting at which the petition is to be heard.
22.3 Notifications to Others
NOTIFICATION TO OTHERS. The petitioner, for zoning change, special use, and/or variance shall notify, in writing, all property owners whose property directly abuts the petitioner’s property named in the petition. Proof of such notification must be obtained by the petitioner either by signature of all applicable property owners on a notice of petition, or by notice of petition sent to all applicable property owners by certified mail at the last known address(es) of such owners.
22.3(a) For the purposes of the above notification, the property lines of the property subject of the Petition which abut streets, roads or alleys, shall be considered to extend through said streets, roads or alleys and those properties then abutting said property lines shall be notified as described in 22.3 above. (Amended 4/7/97; Ordinance #97-1353)
PUBLIC HEARING. The Zoning Board of Appeals shall hold a public hearing within fifteen (15) to thirty (30) days following the publication of official notice in the newspaper. The petitioner may be represented by counsel during the public hearing. Information and facts may be presented at the public hearing by the petitioner as he deems necessary. Any interested party may appear and testify during the public hearing, either in person or by duly authorized agent or attorney. The Zoning Board shall consider the advice of the review agencies, listen to the petitioner, hear any public statements, and consider its own counsel. The Zoning Board shall forward its findings to the Flora City Council. All zoning changes, special use permits, and variances shall be finally determined, and either granted by ordinance or denied, by the City Council.
22.5 Expiration of Permit
EXPIRATION OF PERMIT. If the work described in any special use permit, variance permit, fence permit, or swimming pool permit is not commenced and completed within three (3) months from the date of final approval, said permit shall automatically expire and shall be considered void unless extended by written notice of the Administrative Official to the persons affected. If the work described in any building permit has not been substantially completed within one year of the estimated date of completion, said permit shall expire and be cancelled, unless extended by written notice of the Administrative Official to the persons affected. The developer shall be responsible for obtaining the necessary building, use, sewer and water connection permits as required.