Sec. 656.203. - Amendments to Zoning Atlas and correction process for bona fide errors.
(a) As amendments are made to the district boundaries and the zoning classifications of various parcels of land by the rezoning procedures provided in Part 1, Subpart C, the Council Secretary shall provide the Department with a copy of each ordinance which enacts the rezoning within ten days of the effective date thereof.
(b) Upon the receipt from the Council Secretary of a copy of an ordinance rezoning land or amending district boundaries, the Department shall promptly revise copies of the Zoning Atlas kept on public display to reflect the change. The reproducible copy of the Zoning Atlas maintained by the Director or his designee, shall also be corrected from time to time to show current status as the rezoning of land or revision of district boundaries occurs.
(c) It is the intent of the Zoning Code that the Zoning Atlas adopted by Section 656.202, shall accurately reflect the location of district boundaries and the zoning classification of all lands in effect on the date of their adoption. Notwithstanding any changes resulting from corrections to the Cadastral maps as periodically made by the Property Appraiser, whenever the Director or his designee, discovers that, through a bona fide error in the reproduction process, the Zoning Atlas or a revised panel therein does not agree with the latest enacted ordinance related thereto, he shall notify the affected District Council member, each at-large Council member and the Chairman of the appropriate committee of Council of the bona fide error. Upon notification, the Department shall post signs concerning the proposed correction consistent with the posting requirements set forth in Section 656.124(c).
(1) Any adversely affected person may appeal the decision by filing a notice of appeal with the Legislative Services Division within 14 calendar days after the posting of the signs. There shall be no filing fee. Within five days of the filing of a notice of appeal, the Legislative Services Division shall notify the Council President, the Chairman of the appropriate committee of Council, the affected district Council member and the Director of the filing of the notice of appeal and shall request the Office of General Counsel to prepare a resolution concerning the appeal to be introduced by the appropriate committee of Council.
(2) Upon a determination by the Office of General Counsel that the notice of appeal is sufficient, timely filed and that the appellant has standing to file the appeal, the resolution shall be filed with the Legislative Services Division and the Chairman of the appropriate committee of Council shall schedule a public hearing concerning the appeal. The Legislative Services Division shall notify the appellant and the property owner of the public hearing. The written notices shall be mailed at least 14 days prior to the date of the scheduled public hearing. The sole issue to be determined by the appropriate committee of Council is whether the Director's decision that there is a bona fide error is "clearly erroneous," as defined under Florida law. If the Office of General Counsel determines that the notice of appeal is not sufficient, timely filed, or that the appellant does not have standing to file the appeal, the attorney shall prepare a written recommendation concerning the deficiencies for consideration by the committee of reference. After the appropriate committee of Council makes a determination concerning the deficiencies, the Office of General Counsel shall notify the appellant in writing of the deficiencies. No further action shall be taken until the appellant remedies the deficiencies and the appropriate committee of Council thereafter determines the notice of appeal to be complete. The deficiencies must be remedied within 14 calendar days or the resolution is subject to withdrawal by the Council at any time thereafter.
(3) If no appeal is requested, within 15 calendar days after the posting of the signs, the bona fide error shall be deemed effective and the corrected map shall be substituted in the Zoning Atlas or the revised panel by the Director or his designee. If appealed, the corrected map shall not be substituted in the Zoning Atlas or the revised panel by the Director or his designee unless approved by the Council. In the event the Council denies the request, such denial does not affect the rights of anyone to seek a rezoning for the subject property through the process set forth in Subpart C, Part 1 of the Zoning Code.
(Ord. 91-59-148, § 1; Ord. 96-692-433, § 2; Ord. 98-678-E, § 4; Ord. 2009-429-E, § 2)
