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Coral Gables City Zoning Code

ARTICLE

15. NOTICES

Section 15-101. Applicability.

The procedures set out in this Article shall be applicable to all public hearings required by any provision of these regulations.

Section 15-102. Notice.

In every case where a public hearing is required pursuant to the provisions of these regulations and other applicable Florida Statute requirements, the City shall provide a Notice of Public Hearing in the manner set out in this section and as summarized in the following table:

Types of Public Notices 1, 2, 4, 5

Timing of Notice Before...

Type of Application
Type of Notice
Board Public Hearing
(if required)
First Commission Public Hearing
(if required)
Second Commission Public Hearing
(if required)
AbandonmentandVacations3Publication10 days10 days
Posting10 days
Mail13days13days
AnnexationPublication10 days10 days
Mail13 days
AppealsPublication10 days10 days
Posting10 days
Mail13days13days
BoardofArchitectsPosting5 days
ComprehensivePlanAmendments
Small Scale Map AmendmentsPublication10 days10 days
Posting10 days
Mail13days13days
Compliance Agreement with the StatePublication10 days10 days10 days
Comprehensive Plan Map, other than Small ScalePublication10 days7 days5 days
Comprehensive Plan Text Amendments, affecting specific propertiesMail13days13days
ConditionalUsePublication10 days10 days
Posting10 days
Mail13days13days
CoralGablesMediterraneanArchitecturalDesignSpecialLocationSitePlanReviewPublication10 days10 days
Posting10 days
Mail13days13days
DevelopmentAgreement
GeneralPublication7 days7 days7 days
Posting10 days
Affected Property OwnersMail13days13days
HistoricPreservation:DesignationsandCertificateofAppropriateness
Designation of Landmark or DistrictPublication10 days
Posting10 days
Mail13days
Certificate of Appropriateness (Special)Publication10 days
Posting10 days
Certificate of Appropriateness (Special) with VariancePublication10 days
Posting10 days
Mail13days
Historical Significance Determination LetterOnline
MoratoriumandZoninginProgress
MoratoriumPublication10 days7 days5 days
Mail13days13days
Zoning in ProgressPublication10 days7 days5 days
PlannedAreaDevelopmentDesignationPublication10 days10 days
Posting10 days
Mail13days13days
Separation/EstablishmentofaBuildingSite
Administrative Building Site DeterminationPost DRO
determination
Conditional UsePublication10 days10 days
Posting10 days
Mail13days13 days
SitePlan(MXD,PAD,other)Publication10 days10 days
Posting10 days
Mail13days13days
SubdivisionReviewforaTentativePlatandVariancesPublication10 days
Posting10 days
Mail13days
SubdivisionReviewforaFinalPlatandVariances(Resolution)Publication10 days
Mail13days
TransferofDevelopmentRights
Sending Site Plan ApplicationPublication10 days
Posting10 days
Mail13days
Receiving Site Plan ApplicationPublication10 days10 days
Posting10 days
Mail13days13days
UniversityCampusDistrictModificationtotheAdoptedCampusMasterPlanPublication10 days10 days
Posting10 days
Mail13days13days
VariancesPublication10 days
Posting10 days
Mail13days
ZoningCodeTextAmendmentPublication10 days10 days
(if affecting a limited number of property owners within an area)Mail13days13days
ZoningCodeTextAmendment(UseChanges)-Amendment to text that changes actual list of permitted, conditional, or prohibited uses within a zoning categoryPublication10 days7 days5 days
ZoningDistrictMapAmendment
Initiated by other than the CityPublication10 days10 days
Posting10 days
Mail13days13days
Publication10 days10 days
Posting10 days
Mail13days13days
> 10 contiguous acres; City initiatedPublication10 days7 days5 days
Mail13days13days


Applications which are not listed do not have public hearing notice requirements.

2 The City may announce time and dates of future proceedings in notices or at noticed meetings.

3 See City Code for additional advertising requirements per the City Code proceedings.

4 Where the table differs from the substantive provisions within the zoning code the substantive provisions shall prevail.

5 All mailed notice in this table include an additional 3 days to allow for mailing, only 10 days are required if notice is hand delivered.

  1. Publication. The requirements for public notice provided by publication shall be as follows:
    1. Notice shall be published at least at least ten (10) days prior to the date of final required public hearing, except as provided herein. "Publication" or "publish" means to publish a legal notice in accordance with Florida Statutes, Chapter 50. Publication may be achieved by one of the following: publication in a newspaper, on a publicly accessible website as detailed in Chapter 50, Florida Statutes, or in any other manner so authorized by Florida Statutes, Miami-Dade County, or any other relevant authority.
    2. The notice shall state the date, time, and place of the meeting; the title or titles of the proposed ordinances or a description of the substance of the matter being considered; and the place within the City where the proposed ordinances or other materials may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the matter.
    3. A copy of the notice shall be available for public inspection at the City Hall during the regular business hours.
    4. Comprehensive Plan, Zoning Code text amendments and Zoning District map amendments >10 acres. Notice for ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category/use district, or ordinances initiated by the City that change the actual zoning map designation of a parcel or parcels of land involving ten (10) contiguous acres or more, shall be published at least ten (10) days prior to the Planning and Zoning Board public hearing, again at least seven (7) days prior to the first City Commission public hearing and again at least five (5) days prior to the second City Commission adoption hearing. Public notice shall be provided as described in the following subsections.
      1. The advertisement shall be in substantially the following form:
      2. “Notice of (insert type of) Change

        The City of Coral Gables proposes to adopt the following ordinance: (title of ordinance)….

        A public hearing on the ordinance will be held ... (date and time)... at ... (meeting place)...”

        Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

      3. In lieu of publishing the advertisement set out in this section, the City may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the persons of the time, place, and location of any public hearing on the proposed ordinance.
    5. Zoning District map amendment. Ordinances initiated by any person other than the City that change the actual zoning map designation of a parcel of land or parcels of land shall be read by title, in full, at two (2) separate City Commission hearings, and shall be published at least ten (10) days before the Planning and Zoning Board public hearing, and again at least ten (10) days before the City Commission adoption hearing.
    6. Comprehensive Plan small-scale map amendments. Notice of small scale development amendments to the Comprehensive Plan, initiated by other than the City, shall be published at least ten (10) days before the Planning and Zoning Board public hearing, and again at least five (5) days before the City Commission adoption hearing.
    7. Comprehensive Plan text and map amendments, other than small-scale. All Comprehensive Plan amendments, other than small-scale amendments, shall be published at least ten (10) days before the Planning and Zoning Board public hearing, and again at least seven (7) days before the first City Commission public hearing, and again at least five (5) days before the City Commission adoption hearing.
    8. Development agreements. Notice of a proposed Development Agreement shall be published at least seven (7) days prior to each public hearing.
    9. Failure to provide advertised notice as set forth in the foregoing notice requirements shall not affect any action or proceedings taken under this section, unless such notice is required by Florida Statutes.
  2. Posting of property.
    1. Except as provided in Section 15-102.B.2. below, all specific property being considered at a public hearing shall be posted at least ten (10) days in advance of the public hearing, provided, however, that the posting of specific property shall not be required when the property subject to change constitutes more than ten contiguous acres. Such posting shall consist of a sign, the face surface of which shall not be larger than forty (40) square inches in area:

      Notice of Public Hearing

      By [insert name of decision making body]

      Phone [insert phone}

      [insert email address]

      Hearing date [insert date]

      Application number [insert number]

    2. No posting shall be required for public hearings before the Board of Architects, unless the value of the proposed development exceeds seventy-five thousand ($75,000) dollars.
    3. The sign shall be erected in full view of the public on each street side of such property. Where large parcels of property are involved with street frontages extending over considerable distances, additional signs may be erected on the street frontage as may be deemed adequate by the Development Review Official to inform the public.
    4. Failure to post specific property shall not affect any action or proceeding taken under these regulations.
  3. Mail notices.
    1. Except for public hearings before the Board of Architects, or as otherwise provided in the Coral Gables Zoning Code (“Zoning Code”), a required notice of public hearings affecting specific properties containing general information as to the date, time, place of the hearing, property location and general nature of the application shall be mailed to the property that is subject of the application, and to the property owners and tenants, if such names are indicated in the current tax rolls, whose addresses are known by reference to the latest ad valorem tax record, within a one thousand (1,000) foot radius. However, should the one thousand (1000) foot radius extend beyond the City limits, notice shall be mailed outside of the City limits only to addresses that are known by reference to the latest ad valorem tax record that are within a five hundred (500) foot radius of the property that is the subject of the application. It is provided, however, that the radius for a courtesy notice of public hearings for site specific applications for change in land use before the Planning and Zoning Board and City Commission shall be one-thousand five-hundred (1,500) feet. However, should the one thousand five hundred (1500) foot radius extend beyond the City limits, courtesy notice shall be mailed outside of the City limits only to addresses that are known by reference to the latest ad valorem tax record that are within a five hundred (500) foot radius of the property that is the subject of the application. This notification requirement is measured in feet from the perimeter boundaries of the subject property.

      The Development Review Official may require an additional area to receive a courtesy notice on any application. If a public hearing application before the Planning and Zoning Board is continued for more than ninety (90) days then re-notification shall be required. Continued public hearing applications that have incurred substantial changes may require re-notification, as determined by the Development Review Official. The Development Review Official may also require courtesy notices on applications that are not typically required to be noticed if it is determined that such notification is desirable.

      It is provided, however, notices shall be mailed to all property owners along the Mahi Canal for mixed-use or multi-family development projects along the Mahi Canal, regardless of the distance from the perimeter boundaries of the subject property.
    2. Required notice, unless otherwise provided in this Zoning Code, shall be mailed at least thirteen (13) days prior to the date of the public hearing. It is provided, however, where action is required to be taken by the City Commission by ordinance affecting a limited number of parcels in a specific area in the sole determination of the Development Review Official, mailed notice shall only be required for the first public hearing/First Reading of such ordinance. For applications filed pursuant to this Zoning Code, which term shall include the Development Review Official or other city official when such official is the applicant under these regulations, shall be responsible for both mailing the required notice and any courtesy notice, as well as any re-notice, and such applicant is required to provide a sworn affidavit indicating completion in accordance with this section.
    3. Zoning District map amendments <10 acres. When a proposed ordinace changes the actual zoning map designation for a parcel or parcels of land less than ten (10) acres, notice by mail shall be in accordance with the provisions of C.1 and 2 above.
    4. Comprehensive Plan small-scale map amendments. Notice of small-scale development amendments to the Comprehensive Plan shall be mailed to each property owner and tenant of record in the current tax rolls that is the subject of the small-scale map amendment. The notice shall state the substance of the proposed ordinance as it affects that property owner and tenant, if such name is indicated in the current tax rolls, and shall set a time and place for the public hearing on such ordinance. Such notice shall be given at least thirteen (13) days prior to the date of the Planning and Zoning Board public hearing, and again at least thirteen (13) days prior to the date of the City Commission second public hearing/Second Reading. Additionally, courtesy mailed notice shall also be made on surrounding properties in the same manner as required notices as set forth in C. 1 and 2 above.
    5. Zoning District map amendments >10 acres. Notice for ordinances that change the actual zoning map designation of a parcel or parcels of land involving ten (10) contiguous acres or more, shall be mailed in accordance with the provisions of C. 1 and 2 above.
    6. Comprehensive Plan map amendments > 10 acres. Notice for ordinances shall provide courtesy mailed notice in the same manner as required notices as set forth in C. 1 and 2 above at least thirteen (13) days prior to the date of the Planning and Zoning Board public hearing, at least thirteen (13) days prior to the City Commission’s transmittal hearing and at least thirteen (13) days prior to the City Commission’s second public hearing/Second Reading.
    7. Zoning Code Text Amendments. The Development Review Official at such Official’s sole discretion may require a mail notification of a Zoning Code text amendment as prescribed by this subsection if it serves a public benefit to notify affected property owners. It is provided, however, where in the sole determination of the Development Review Official, a Zoning Code text amendment affects a limited number of property owners within an area, such property owners and surrounding property owners shall receive notice in accordance with C.1 and C. 2 above.
    8. Comprehensive Plan Text Amendments. Where a Comprehensive Plan Text Amendment, in the sole determination of the Development Review Official, affects a limited number of properties within an area, such property owners and surrounding property owners shall be provided courtesy notice in the same manner as required notices as set forth in C. 1 and 2 above at least thirteen (13) days prior to the date of the Planning and Zoning Board public hearing, at least thirteen (13) days prior to the City Commission’s transmittal hearing and at least thirteen (13) days prior to the City Commission’s second public hearing/Second Reading.
    9. Development agreements. Notice of a proposed Development Agreement shall be mailed to all affected property owners and tenants, if such names are indicated in the current tax rolls, at least thirteen ( 13) days prior to the first public hearing and to surrounding property owners in accordance with the provisions of C.1 and C. 2 above.
    10. A copy of mailed notices shall be available for public inspection during the regular business hours of the City Clerk and/or the City Department that is responsible for the required reviews provided for herein.
    11. Failure to mail or receive courtesy notice shall not affect any action or proceeding taken under these regulations. Where the applicant is required to provide a mailed notice within the radius prescribed above and provides a sworn affidavit certifying compliance with the mailed noticed requirements as set forth in this section, there shall be a rebuttable presumption that the required notice provided by the section was properly mailed and received. The failure to receive such required notice where properly mailed pursuant to this Section shall not affect any action or proceeding taken under these regulations.
    12. All mailed notice in this table include an additional 3 days to allow for mailing, only 10 days are required if notice is hand delivered.
    13. All required mail notice will be sent to the property address and the mailing address per the Miami-Dade County Property Appraisers website. If the address is the same for both then only one notice must be sent.
  4. Applicants required public information meeting. All applicants filing applications requiring a public hearing before the Planning and Zoning Board and City Commission shall conduct a minimum of one (1) public information meeting, a minimum of fourteen (14) days in advance of the Planning and Zoning Board public hearing. An additional public information meeting shall be required prior to the Board of Architects preliminary review meeting for proposed buildings and structures on building sites of twenty thousand (20,000) square feet or more. These meetings shall be conducted by the applicant representatives to inform surrounding property owners, neighborhoods, homeowners associations, interested parties, etc. of pending applications under review by the City. As a minimum the following shall be completed and provided:
    1. Notification to all surrounding property owners within the identified mail notification radius as provided within Section 15-102.C. or additional mail notification radius as determined by the Development Review Official.
    2. The mail notice and door hanger notice(s) shall provide the website and QR Code for residents to sign up for all future required notices as to the property.
    3. Multi-family and Mixed-Use projects shall require door hangers as an additional notification for required public information meetings prior to review. Any door hangers that are still visible from a street shall be removed within forty-eight (48) hours after the meeting occurs.
    4. The meeting is conducted on the subject property or in a location that is convenient to surrounding property owners.
    5. Copy of forwarded notice.
    6. Listing of all mailing addresses of all parties notified.
    7. Meeting attendance records including the property owner addresses and other applicable contact information.
    8. Meeting summary minutes or verbatim record as determined by the Development Review Official.

Above items 6 through 8 shall be provided to the Development Review Official seven (7) days after the public information meeting. It is recommended these meetings occur after the application has undergone preliminary review by City Staff. This will ensure City review and comments are included as a part of the information provided to the interested parties. The Development Review Official may require additional public information meetings and notice to provide for further public input and dissemination of information.

(Ord. No. 2023-03, 01/10/2023; Ord. No. 2023-02, 01/10/2023; Ord. No. 2022-60, 10/25/2022; Ord. No. 2024-06, 02/13/2024; Ord. No. 2024-24, 06/11/2024; Ord. No. 2024-31, 09/10/2024; Ord. No. 2024-03, 01/09/2024)

Section 15-103. Reconsideration of City Architect administrative determination.

  1. An applicant or aggrieved party may file a written Notice of Reconsideration with the Development Services Department designated Development Review Official within sixty (60) days of the City Architect administrative determination. The request shall be reviewed by a panel of the Board of Architects as provided for in Section 14-103.3.D.The request shall be considered by the Board of Architects at the next available meeting after receipt of the request. The panel may grant approval of the application, with or without conditions, deny the application or require further proceedings. The application submittal requirements and additional background information required for the filing shall be determined by the Development Services Director or designee.
  2. After the final decision of the entire Board, the Applicant, an Aggrieved Party or the City Manager may seek an appeal in accordance with Sections 14-103.3.D. and 14-208.6.

Section 15-104. Quasi-judicial procedures.

  1. Purpose and applicability. The provisions of this Section apply to all quasi-judicial hearings held pursuant to these regulations.
  2. Order of presentation. Quasi-judicial hearings shall be conducted generally in accordance with the following order of presentation:
    1. Disclosure of ex parte communications and personal investigations.
    2. Presentation by the applicant.
    3. Presentation by City Staff.
    4. Public comment.
    5. Cross-examination.
    6. Motion by decision-making body with explanation of positions of negative or denial.
    7. Discussion among members of decision-making body.
    8. Action by decision-making body and entry of specific findings.

This order of presentation may be motified by the agreement of all parties or by the chair.

C. Submission of evidence. Copies of all documentary evidence and written summaries of expert testimony to be presented in a quasi-judicial proceeding shall be submitted to the City Clerk at least five (5) days prior to the date of any hearing. In the event that documentary evidence is proffered at a public hearing which was not submitted to the City Clerk in accordance with this subsection, the body conducting the quasi-judicial proceeding shall, at the request of the City Manager or other party, grant a reasonable continuance to allow for an opportunity to review and respond to the evidence which was not submitted to the City Clerk as required in this subsection. Documentary evidence shall not include demonstrative or visual aids, visual presentations (i.e. PowerPoint presentations), or other supplemental information that is substantially duplicative of information already timely submitted in accordance with this section.

(Ord. No. 2022-67, 11/09/2022)