§ 30-213. Public hearing and notice.

(a)

When an application for development permit is subject to a public hearing, the director of planning and development services shall ensure that the necessary public hearing is scheduled for the decision-making or advisory body reviewing the application and that, except as provided herein, proper notice of the public hearing is provided as set forth herein. All notices for public hearings shall include the following information:

(1)

Identify the applicant, if other than the village.

(2)

Indicate the date, time, and place of the public hearing.

(3)

Describe the property involved by street address or by legal description, and area of the subject property. A map may be substituted for the legal description or as required by state law.

(4)

Identify the current zoning district designation of the property subject to the application.

(5)

Describe the nature, scope and purpose of the application proposal being noticed.

(6)

Identify the village departments where the public may inspect the application, staff report and related materials during normal business hours.

(7)

Include a statement that affected parties may appear at the public hearing, be heard and submit evidence with respect to the application.

(b)

When the provisions of this chapter require that mailed notice be provided, the applicant shall be responsible for the cost of village staff preparing the written notice and for mailing the notice. Notice shall be deemed mailed by its deposit in the United States mail, certified/return receipt required, properly addressed, and postage paid. No action taken by the village shall be voided by the failure of any individual property owner to receive such notice.

(c)

When the provisions of this chapter require that notice be published, the applicant shall be responsible for the cost of village staff preparing the content of the notice and publishing the notice in the non-legal section of the local newspaper of general circulation that has been selected by the village. This notice shall be published at least 15 days before the required public hearing.

(d)

When the provisions of this chapter require that notice be posted on the property subject to the application, the director of planning and development services shall:

(1)

Place the signs on the property that is the subject of the application for at least 15 days prior to a required or requested hearing.

(2)

Place the signs along each street that is adjacent to or runs through the subject property at intervals of not more than 200 feet in a manner that makes them clearly visible to adjacent residents and passersby.

(3)

Place the signs no more than 25 feet from the street so that the lettering is visible from the street. Where the land does not have frontage on a street, signs shall be erected on the nearest street, with an attached notation indicating generally the direction and distance to the property subject to the application.

(e)

An affidavit and photographic evidence shall be provided before the public hearing demonstrating compliance with the applicable notice requirements set forth in this section. Failure to comply with the applicable notice requirements shall result in the postponement and re-noticing of the public hearing. All costs of re-noticing the public hearing shall be borne by the party failing to comply with the applicable notice requirements.

(f)

Notice for public hearings on applications for comprehensive plan text or map amendments shall be noticed as follows:

(1)

Text or map amendments initiated by the village shall be noticed by publication in accordance with the provisions of F.S. § 163.3184.

(2)

Text or map amendments initiated by a property owner or governmental agency other than the village shall be noticed by publication in accordance with the provisions of F.S. § 163.3184, and by posting of the property subject to the application.

(g)

Notice for public hearings on applications for amendments to this chapter and the official zoning map shall be noticed as follows:

(1)

Text or map amendments initiated by the village shall be noticed by publication in accordance with the provisions of F.S. § 166.041.

(2)

Text or map amendments initiated by a property owner or governmental agency other than the village shall be noticed by publication in accordance with the provisions of F.S. § 166.041, and by posting of the property subject to the application.

(h)

Notice of intent to issue and public hearings on applications for development permit approvals including, but not limited to, certificates of compliance, minor conditional uses and site plans shall be noticed as follows:

(1)

Posting of the property subject to the application.

(2)

Mailed notice to the adjacent property owners. For the purpose of this subsection, "adjacent property owners" shall be considered all property owners, including any residents of the property subject to the application, that share a common boundary line with the property subject to the application. If the property subject to the application is located on a canal or fronts on a public right-of-way, the common boundary shall be considered the midpoint of the canal or right-of-way. The property owners required to be provided notice by this subsection shall be determined with a copy of the most up-to-date version of the county tax roll.

(i)

Notice of public hearings on applications for major conditional use approvals shall be noticed as follows:

(1)

Posting of the property subject to the application.

(2)

Mailed notice to all property owners, including any residents of the property subject to the application, located within 300 feet of the property subject to the application. The property owners required to be provided notice by this subsection shall be determined with a copy of the most up-to-date version of the county tax roll.

(3)

By publication.

(j)

Notice for public hearings on applications for administrative appeals, development permit status reports or variances shall be noticed as follows:

(1)

Posting of the property subject to the application.

(2)

Mailed notice to all property owners, including any residents of the property subject to the application, located within 300 feet of the property subject to the application. The real property owners required to be provided notice by this subsection shall be determined with a copy of the most up-to-date version of the county tax roll.

(k)

Notice of intent to issue and public hearings on applications for administrative variances shall be noticed as follows:

(1)

Posting of the property subject to the application.

(2)

Mailed notice to the adjacent property owners. For the purpose of this subsection "adjacent property owners" shall be considered all property owners, including any residents of the property subject to the application, that share a common boundary line with the property subject to the application. If the property subject to the application is located on a canal or fronts on a public right-of-way, the common boundary shall be considered the midpoint of the canal or right-of-way. The property owners required to be provided notice by this subsection shall be determined with a certified copy of the most up-to-date version of the county tax roll.

(l)

Notice of public hearings on applications for alcohol beverage use permits shall be noticed as follows:

(1)

Posting of the property subject to the application.

(2)

Mailed notice to all property owners, including any residents of the property subject to the application, located within 500 feet of the property subject to the application. The real property owners required to be provided notice by this subsection shall be determined with a copy of the most up-to-date version of the county tax roll.

(3)

By publication.

NOTICE REQUIREMENTS

Permit	Notice Section	Posted	Published	Mailed
Certificate of compliance	30-213(h)	15 days after NOI or prior to hearing	No	Adjacent owners
Site plan	30-213(h)	15 days after NOI or prior to hearing	No	Adjacent owners
Administrative variance	30-213(k)	15 days after NOI or prior to hearing	No	Adjacent owners
Minor conditional	30-213(h)	15 days after NOI or prior to hearing	No	Adjacent owners
Major conditional	30-213(i)	15 days after NOI or prior to hearing	15 days prior to public hearing	Owners within 300 feet
Administrative appeal	30-213(j)	15 days after NOI or prior to hearing	No	Owners within 300 feet
Variance	30-213(j)	15 days after NOI or prior to hearing	No	Owners within 300 feet
Comprehensive plan—Village	30-213(f)(1)	No	F.S. § 163.3184
Comprehensive plan—Owner	30-213(f)(2)	15 days	F.S. § 163.3184
Zoning map and text—Village	30-213(g)(1)	No	F.S. § 166.041
Zoning map and text—Owner	30-213(g)(2)	15 days	F.S. § 166.041
Development permit status report	30-213(j)	15 days prior to public hearing		Owners within 300 feet
Alcohol beverage use permit	30-213(l)	15 days prior to public hearing	15 days prior to public hearing	Owners within 500 feet

 

NOI = Notice of Intent

(Ord. No. 01-16, § 4(4.1.3), 11-8-2001; Ord. No. 02-29, § 2, 11-21-2002; Ord. No. 15-03, § 1, 2-12-2015)