- NOTICE PROCEDURES
It is the intent of this section to provide the citizens of the city with notice of certain development permits applications under review before city boards and the city commission to effect public participation in the decision-making process and meet the requirements of Florida Statutes.
(Ord. No. C-97-19, § 1(47-27.1), 6-18-97; Ord. No. C-24-37, § 3, 9-3-24)
A.
When referred to in the ULDR, the different types of public notices set out below shall be given the meaning and conform with the provisions as follows:
1.
Mail notice.
a.
Mail notice shall consist of mailing a notice of a public hearing to real property owners within the city as specified herein as each is listed in the latest ad valorem tax records of the county. Each owner of a condominium or cooperative unit whose address is known by reference to the latest ad valorem tax records shall be sent notice as a real property owner.
b.
In addition to the requirements provided in this section, the notice shall state the date, time and place of the meeting or public hearing, the title of the proposed ordinance or a description of the action to be considered and the place or places within the city where such proposed ordinance or information may be inspected by the public.
c.
The notice shall advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or action to be considered.
d.
Unless otherwise provided by law, mail notice may be provided by bulk mail, first-class mail or other type of mail made available by the U.S. Postal Service if the mail is sent in a timely manner as required by the ULDR.
e.
A copy of the notice mailed shall be made available for public inspection during the regular business hours of the city clerk.
f.
Mail notice shall be deemed given when a notice has been properly addressed, stamped and deposited in a U.S. Postal Service depository.
g.
Failure to receive notice shall not be grounds to invalidate the hearing as this provision is directory and not mandatory.
2.
Newspaper notice.
a.
Newspaper notice shall consist of publication in a newspaper of general paid circulation and of general interest and readership in the city, not one (1) of limited subject matter.
b.
Whenever possible, the advertisement shall appear in a newspaper that is published at least five (5) days a week.
c.
In addition to the requirements provided in this section, the notice shall state the date, time and place of the meeting or public hearing; the title or titles of the proposed ordinance or a description of the action to be considered and the place or places within the city where the proposed ordinance or information may be inspected by the public.
d.
The notice shall advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or action to be considered.
3.
Sign notice.
a.
Sign notice shall be given by the applicant by posting a sign provided by the city stating the time, date and place of the public hearing on such matter on the property which is the subject of an application for a development permit. If more than one (1) public hearing is held on a matter, the date, time and place shall be stated on the sign or changed as applicable.
b.
Signs shall be posted per the following timeframes:
(i)
The sign for site plan level III or IV shall be posted at least fifteen (15) days prior to the date of the public hearing.
(ii)
The sign for site plan level II shall be posted at least ten (10) days prior to the date of the Development Review Committee (DRC) meeting.
c.
The sign shall be visible from adjacent rights-of-way, including waterways, but excepting alleys.
d.
If the subject property is on more than one (1) right-of-way as described in subsection A.3.c, a sign shall be posted facing each right-of-way.
e.
If the applicant is not the owner of the property that is the subject of the application, the applicant shall post the sign on or as near to the subject property as possible subject to the permission of the owner of the property where the sign is located or, in a location in the right-of-way if approved by the city.
f.
Development applications for more than one (1) contiguous development site shall be required to have sign notice by posting one (1) sign in each geographic direction, (north, south, east and west) on the public right-of-way at the perimeter of the area under consideration.
g.
If the sign is destroyed or removed from the property, the applicant is responsible for obtaining another sign from the city and posting the sign on the property.
h.
The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeal, request for review or hearings by another body. The sign information shall be changed as provided in subsection A.3.a.
i.
The applicant shall, five (5) days prior to the public hearing, execute and submit to the department an affidavit of proof of the posting of the public notice sign according to this section. If the applicant fails to submit the affidavit, the public hearing will be postponed until the next public hearing after the affidavit has been supplied.
j.
The applicant shall pay a deposit at the time application is made. All signs shall be removed by the applicant within five (5) days after final disposition of the application. If the applicant fails to remove the sign and return it to the city within this time, city shall have the right to remove same which will result in the applicant forfeiting the deposit fee. If a sign is lost or stolen, an affidavit by the applicant of such fact shall be submitted prior to return of the deposit to applicant.
4.
Agenda publication. Agenda publication shall apply to publication of the agenda of the planning and zoning board or board of adjustment at least five (5) days before the meeting of the body that is considering development approvals and permits.
5.
Agenda posting. Agenda posting shall mean posting of the agenda of all boards reviewing development permits at a public place on a wall outside City Hall identified for that purpose at least three (3) days prior to the public hearing.
6.
Additional and optional notice. The city commission may direct that additional notice be given as the city commission may deem as proper for the circumstances involved for a particular hearing.
7.
Public participation notice. Public participation notice shall mean notice provided by the applicant via the method provided for mail notice in this Section 47-27 or electronic mail to City officially recognized neighborhood association(s) within three hundred (300) feet of the proposed development at a mailing address or email address provided to the City's Neighborhood Recognition Program. The notice must at a minimum contain the DSD case number; the proposed development's name: location of the proposed development site: name of the applicant: name of the applicant's agent if any, the date, time, and place of the public participation meeting when applicable.
8.
Failure to provide notice. While sign notice, agenda publication and posting and additional and optional notice is required, failure to provide these types of notice in accordance with these provisions shall not be grounds to invalidate the hearing.
(Ord. No. C-97-19, § 1(47-27.2), 6-18-97; Ord. No. C-99-30, § 2, 5-4-99; Ord. No. C-11-24, § 2, 9-20-11; Ord. No. C-24-37, § 3, 9-3-24)
A.
In addition to the public notice required as provided in the ULDR, public notice in connection with an application for development approval shall be provided as follows:
1.
For all development permits reviewed or issued by any board or the city commission, notice shall be given by agenda posting.
2.
For all development permits reviewed or issued by the planning and zoning board or board of adjustment, notice by agenda publication shall be provided.
(Ord. No. C-97-19, § 1(47-27.3), 6-18-97)
A.
Notice for site plan level II, III and level IV, and amendments to site plan level III and IV development permit application, conditional use approvals, and plats shall be provided as follows:
1.
Sign notice. Sign notice for site plan level II development located within the SRAC-SAe and SRAC-SAw zoning districts shall be required prior to the date of a Development Review Committee (DRC) meeting. Sign notice for site plan level III and level IV shall be required prior to a public hearing by the planning and zoning board and city commission.
2.
Public Participation notice. Public participation notice is required to be provided by the applicant as follows:
a.
Development permit applications for an amendment to a site plan level III or site plan level IV development permit to increase floor area or height to a proposed or existing building, that does not exceed five (5) percent of the existing or approved floor area or height, any modification to reduce yards or setbacks up to five (5) percent of the existing or approved yard or setback, or other amendments which exceeds the authority of the department to approve amendments and is required to be reviewed and approved by Planning and Zoning Board (PZB) or City Commission which gave the final approval for the original development, notice shall be as follows:
i.
Public participation notice shall be provided a minimum of twenty-one (21) days prior to the first scheduled Administrative Review Committee meeting.
ii.
Public participation notice of the applicant's public participation meeting. Such notice shall be given at least ten (10) days prior to the public participation meeting, which must be held to no later than thirty (30) days prior to preliminary Administrative Review Committee approval. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
iii.
The applicant of a development that exceeds the authority of the department to approve the amendments shall provide a public participation notice of the applicant's public participation meeting prior to the submittal of a development permit application for review before the PZB or City Commission and shall be given at least ten (10) days prior to the public participation meeting which must be held at least 30 days prior to the PZB or City Commission meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
b.
A development permit application for a site plan level II review requires notice be provided as follows:
i.
The applicant, at the applicant's expense. shall provide notice of the first Development Review Committee (DRC) meeting at which the development application will be reviewed a minimum of twenty-one (21) days prior to the first scheduled Development Review Committee (DRC) meeting.
ii.
The applicant of a development permit application for a Site Plan Level II review in a RAC zoning district or RAC land use, shall provide a public participation notice of the applicant's public participation meeting. Such notice shall be given at least ten (10) days prior to the public participation meeting, which must be held to no later than thirty (30) days prior to preliminary DRC approval. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
c.
A development permit application for a site plan level III review, site plan level IV review, conditional use request, parking reduction request, flex allocation, cluster development, modification of yards, waterway use request, public purpose use application, land use amendments, any development in the Regional Activity Centers that requires approval by the Planning and Zoning Board or the City Commission, excluding plat and easement vacation requests, notice shall be as follows:
i.
The applicant, at the applicant's expense, shall provide notice of the first Development Review Committee (DRC) meeting at which the development application will be reviewed a minimum of twenty-one (21) days prior to the scheduled Development Review Committee (DRC) meeting.
ii.
Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
3.
Additional notice.
a.
For consideration of an application for alternative screening of a dumpster as provided in Section 47-19.4.H, notice shall be given to the civic or neighborhood association which represents the area within which the subject property is located of the public hearing before the planning and zoning board. The notice shall be mailed to the address on file for the association in the city clerk's office at least ten (10) days prior to the date of hearing. Failure of the notice shall not be grounds to invalidate the hearing as this provision is directory and not mandatory.
b.
For consideration of an application for a conditional use when no portion of a parcel abuts a right-of-way, prior to the planning and zoning board meeting mail notice shall be given to the owners of the land being considered and the owners of land within three hundred (300) feet of the right-of-way closest to the parcel being considered.
c.
A development permit application for an amendment to a site plan level III or IV or site plan level II review requires notice of the first Administrative Review meeting or Development Review Committee (DRC) meeting be provided at the applicant's expense, to the Officially-City Recognized Civic Organizations within three hundred (300) feet of the proposed projection a minimum of twenty-one (21) days prior to the first scheduled meeting.
B.
Appeal. Sign notice shall be required prior to a public hearing by the planning and zoning board or city commission of an appeal or request for review of a site plan or conditional use.
(Ord. No. C-97-19, § 1(47-27.4), 6-18-97; Ord. No. C-10-50, § 2, 1-4-11; Ord. No. C-11-24, § 3, 9-20-11; Ord. No. C-15-01, § 3, 1-21-15; Ord. No. C-19-17, § 1, 8-20-19; Ord. No. C-24-37, § 3, 9-3-24)
A.
Type 1. When the change in zoning is initiated by the city and involves a change in the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres, notice shall be given as follows:
1.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
b.
City commission. Prior to a public hearing by the city commission mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation at least thirty (30) days prior to the date set for public hearing.
2.
Newspaper notice. Newspaper notice shall be given at least ten (10) days prior to adoption of the ordinance by the city commission changing the zoning map designation.
3.
Sign notice. Sign notice shall be given prior to the planning and zoning board public hearing.
4.
Public participation notice. Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
B.
Type 2. When the change in zoning is initiated by the city and involves a change in the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more or changes the actual list of permitted, conditional, or prohibited uses within a zoning category notice shall be given as follows:
1.
Newspaper notice.
a.
City commission. Newspaper notice shall be given at least seven (7) days prior to the first public hearing and at least five (5) days prior to the second public hearing. The advertisement shall be no less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper and the headline shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be in substantially the form provided in F.S. § 166.041(3)(c).
2.
Sign notice. Sign notice shall be given only for a change in zoning map designation.
3.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
4.
Public Participation notice. Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
C.
Type 3. When the change in zoning is initiated by other than the city and is a change to the actual zoning map designation of a parcel or parcels of land, notice shall be given as follows:
1.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
2.
Newspaper notice.
a.
City commission. Newspaper notice shall be given at least ten (10) days prior to adoption of the ordinance changing the zoning map designation.
3.
Sign notice. Sign notice shall be given prior to the planning and zoning board public hearing.
4.
Public Participation notice. Prior to the submittal of an application to the Planning and Zoning Board (PZB). Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
D.
Type 4. When a change in zoning regulations does not involve a change in the actual zoning map designation for a parcel or parcels of land and does not involve a change in the actual list of permitted, conditional, or prohibited uses with a zoning category, notice shall be given as follows:
1.
Newspaper notice.
a.
Planning and zoning board. Newspaper notice shall be given at least ten (10) days prior to the date set for public hearing.
b.
City commission. Newspaper notice shall be given at least ten (10) days prior to adoption of the ordinance by the city commission.
E.
Appeal of a denial of a rezoning. If the city commission accepts an appeal of a denial by the planning and zoning board of an application for rezoning filed by other than the city, notice shall be given prior to the city commission meeting in the same manner as notice prior to the planning and zoning board.
(Ord. No. C-97-19, § 1(47-27.5), 6-18-97; Ord. No. C-99-30, § 2, 5-4-99; Ord. No. C-24-37, § 3, 9-3-24)
A.
Notice of a vacation of a right-of-way shall be given as follows:
1.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands abutting a street or public place to be vacated and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
2.
Newspaper notice.
a.
City commission. Newspaper notice shall be given at least ten (10) days prior to the public hearing to consider adoption of the ordinance by the city commission vacating a right-of-way.
3.
Sign notice. Sign notice shall be given prior to the public hearing before the planning and zoning board.
4.
Public participation notice. Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
B.
Appeal of denial of vacation. If the city commission accepts an appeal of a denial by the planning and zoning board of an application for vacation of right-of-way, notice shall be given as follows:
1.
Mail notice. Prior to the public hearing before the city commission, mail notice shall be given to the owners of lands abutting a street or public place to be vacated and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
C.
Vacation of public easements. Notice shall be given by agenda posting.
(Ord. No. C-97-19, § 1(47-27.6), 6-18-97; Ord. No. C-24-37, § 3, 9-3-24)
A.
Historic preservation board.
1.
Within ten (10) days of a motion by the HPB to initiate a historic designation application, the development services department shall send first class mail notice to the property owner(s) of the property that is the subject of the motion for designation.
2.
After a complete application for designation or change to designation application has been received by the city, notice shall be given as follows:
a.
Mail notice. After a complete application for historic designation has been received by the historic preservation board liaison or his/her designee, the city shall send mail notice to the property owner(s) of the property that is the subject of an application for designation or a change to designation in accordance with Section 47-27.2 of the ULDR. Mail notice shall be sent by the city thirty (30) days prior to the date of the first public hearing before the historic preservation board. The applicant shall be responsible for all costs of mailing(s). If the real property that is the subject of the application is owned by a limited liability company or corporation that is registered to transact business in the State of Florida, the city shall send mail notice of an application for designation or a change to designation in accordance with Section 47-27.2 of the ULDR, to the registered agent of the corporation or limited liability company, thirty (30) days prior to the date of the first public hearing before the historic preservation board and the applicant is responsible for the cost of mailing.
i.
Mail Notice Requirements for Applications for Landmark(s), landmark site(s), and archaeological site(s): Certified mail notice shall be sent by the city, to the owner(s) of real property under consideration for designation. If the property under consideration for designation is owned by a limited liability company or corporation that is registered to transact business in the State of Florida, certified mail notice shall be sent by the city to the registered agent of a limited liability or corporation.
ii.
Mail Notice Requirements for Historic district(s). First class mail notice shall be sent to the owner(s) of land under consideration for designation and the president of the civic association(s) that is officially recognized by the City of Fort Lauderdale where properties are located.
iii.
A property owner may waive the mail notice requirement in subsection a. above, by sending a signed and notarized affidavit signed by each property owner, expressly stating that each property owner hereby waives the mail notice. The affidavit must include the property address, the historic preservation board case number, a description of the request in the application, and the date of the historic preservation board meeting.
b.
Newspaper notice shall be given at least twelve (12) days prior to the date set for the first public hearing before the historic preservation board. Newspaper notice shall comply with requirements in 47-27.2 of the ULDR.
c.
Failure to receive mail notice shall not invalidate the hearing as notice shall also be given by publication in a newspaper of general circulation within the City of Fort Lauderdale as described in subsection b. above and sign notice is also provided.
d.
Sign notice. Sign notice shall be provided in accordance with Section 47-27.2 of the ULDR prior to each public hearing before the Historic Preservation Board. Sign notice shall be posted at least fifteen (15) days prior to the date set for the historic preservation board meeting to consider historic designation.
B.
Planning and zoning board.
1.
For designation of an historic district which involves less than ten (10) contiguous acres, the city shall send mail notice to the owner of the property proposed for designation and owners within three hundred (300) feet of those lands, at least ten (10) days prior to the date set for the first public hearing. This notice may be included in the mail notice of the historic preservation board public hearing. The applicant is responsible for all costs associated with mail notice. Failure to receive mail notice shall not invalidate the hearing.
2.
For designation of an historic district involving ten (10) contiguous acres or more, newspaper notice shall be given at least ten (10) days prior to the date set for public hearing.
C.
City commission.
1.
Sign notice. Sign notice shall be provided in accordance with Section 47-27.2 of the ULDR prior to the public hearing before the city commission. Sign notice shall be given at least fifteen (15) days prior to the date set for the city commission meeting to consider historic designation or a change in historic designation.
2.
Newspaper notice. Newspaper notice in a newspaper of general circulation in the City of Fort Lauderdale shall be given at least twelve (12) days prior to the date set for public hearing to consider designation or change to a landmark, landmark site, historic district or historic building. The newspaper notice shall comply with requirements in 47-27.2 of the ULDR.
(Ord. No. C-97-19, § 1(47-27.7), 6-18-97; Ord. No. C-99-14, § 16, 3-16-99; Ord. No. C-19-24, § 2, 9-12-19; Ord. No. C-22-57, § 2, 1-10-23)
A.
Notice of a hearing for all applications for certificates of appropriateness, waivers, and economic hardship shall be as follows:
1.
Historic preservation board.
a.
E-mail notice is required for all applications for certificates of appropriateness and waivers. E-mail notice shall be sent by the city to the property owner or authorized agent representing the owner for all applications for certificates of appropriateness and waivers at least five (5) days prior to the date set for the first HPB hearing. Failure to receive e-mail notice shall not invalidate the hearing.
b.
Mail notice is required for all applications for demolition and economic hardship. First class mail notice shall be given to the property owner whose property is under consideration for a certificate of appropriateness for demolition or economic hardship at least fifteen (15) days prior to the date set for the first public hearing before the HPB. For demolitions, mail notice shall be given to all property owners within three hundred (300) feet of the property that is the subject of the application for demolition. The applicant shall be responsible for all costs of mailing(s).
c.
Sign notice is required for all applications for demolition, economic hardship, and new construction. Sign notice shall be given at least fifteen (15) days prior to the date set for the first HPB hearing on an application for certificate of appropriateness for demolition, economic hardship, and new construction in accordance with the requirements in Section 47-27.2 of the ULDR.
B.
Appeal. If an appeal of a denial of an application for a certificate of appropriateness, application for a waiver, or application for economic hardship is accepted by the city commission as provided in Sections 47-24.11 and 47-26B of the ULDR, first class mail notice shall be given to the same persons who were noticed of the public hearing before the historic preservation board on the matter being appealed at least thirty (30) days prior to the date set for public hearing. The applicant shall be responsible for all costs of mailing(s).
(Ord. No. C-97-19, § 1(47-27.8), 6-18-97; Ord. No. C-99-14, § 17, 3-16-99; Ord. No. C-19-24, § 3, 9-12-19; Ord. No. C-20-08, § 1, 3-3-20)
A.
Notice of hearing before the board of adjustment on a variance, special exception, temporary nonconforming use or interpretation shall be as follows:
1.
Mail notice. Mail notice shall be given to the owners of lands under consideration and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
2.
Sign notice. Sign notice shall be given prior to the date set for public hearing.
B.
Notice of rehearing before the board of adjustment shall be as follows:
1.
Mail notice. Mail notice for any rehearing of a variance or special exception shall be given to the same persons who were noticed for the original public hearing at least ten (10) days prior to the date set for public hearing.
(Ord. No. C-97-19, § 1(47-27.9), 6-18-97)
A.
When a new comprehensive plan or comprehensive plan amendment changes the actual list of permitted, conditional or prohibited uses within a future land use category or changes the actual future land use map designation of a parcel or parcels of land, notice shall be given as follows:
1.
Newspaper notice.
a.
Local planning agency. Newspaper notice shall be given at least ten (10) days prior to the date set for public hearing.
b.
City commission. Newspaper notice shall be given at least ten (10) days prior to the first public hearing at the transmittal stage and the second public hearing at the adoption stage. The newspaper advertisement shall be in the format prescribed by F.S. § 166.041(3)(c)2b.
B.
When a comprehensive plan or comprehensive plan amendment does not effect a change in the actual list of permitted, conditional or prohibited uses or change the actual future land use map designation of a parcel, notice shall be given as follows:
1.
Local planning agency. Newspaper notice shall be given at least ten (10) days prior to the public hearing.
2.
Planning and zoning board and city commission.
a.
Newspaper notice. Newspaper notice shall be given at least ten (10) days prior to the public hearing before the planning and zoning board and at least ten (10) days prior to the public hearing to consider adoption of the ordinance approving the text amendment.
(Ord. No. C-97-19, § 1(47-27.10), 6-18-97)
Notice shall be given in accordance with F.S. ch. 380.
(Ord. No. C-97-19, § 1(47-27.11), 6-18-97)
- NOTICE PROCEDURES
It is the intent of this section to provide the citizens of the city with notice of certain development permits applications under review before city boards and the city commission to effect public participation in the decision-making process and meet the requirements of Florida Statutes.
(Ord. No. C-97-19, § 1(47-27.1), 6-18-97; Ord. No. C-24-37, § 3, 9-3-24)
A.
When referred to in the ULDR, the different types of public notices set out below shall be given the meaning and conform with the provisions as follows:
1.
Mail notice.
a.
Mail notice shall consist of mailing a notice of a public hearing to real property owners within the city as specified herein as each is listed in the latest ad valorem tax records of the county. Each owner of a condominium or cooperative unit whose address is known by reference to the latest ad valorem tax records shall be sent notice as a real property owner.
b.
In addition to the requirements provided in this section, the notice shall state the date, time and place of the meeting or public hearing, the title of the proposed ordinance or a description of the action to be considered and the place or places within the city where such proposed ordinance or information may be inspected by the public.
c.
The notice shall advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or action to be considered.
d.
Unless otherwise provided by law, mail notice may be provided by bulk mail, first-class mail or other type of mail made available by the U.S. Postal Service if the mail is sent in a timely manner as required by the ULDR.
e.
A copy of the notice mailed shall be made available for public inspection during the regular business hours of the city clerk.
f.
Mail notice shall be deemed given when a notice has been properly addressed, stamped and deposited in a U.S. Postal Service depository.
g.
Failure to receive notice shall not be grounds to invalidate the hearing as this provision is directory and not mandatory.
2.
Newspaper notice.
a.
Newspaper notice shall consist of publication in a newspaper of general paid circulation and of general interest and readership in the city, not one (1) of limited subject matter.
b.
Whenever possible, the advertisement shall appear in a newspaper that is published at least five (5) days a week.
c.
In addition to the requirements provided in this section, the notice shall state the date, time and place of the meeting or public hearing; the title or titles of the proposed ordinance or a description of the action to be considered and the place or places within the city where the proposed ordinance or information may be inspected by the public.
d.
The notice shall advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or action to be considered.
3.
Sign notice.
a.
Sign notice shall be given by the applicant by posting a sign provided by the city stating the time, date and place of the public hearing on such matter on the property which is the subject of an application for a development permit. If more than one (1) public hearing is held on a matter, the date, time and place shall be stated on the sign or changed as applicable.
b.
Signs shall be posted per the following timeframes:
(i)
The sign for site plan level III or IV shall be posted at least fifteen (15) days prior to the date of the public hearing.
(ii)
The sign for site plan level II shall be posted at least ten (10) days prior to the date of the Development Review Committee (DRC) meeting.
c.
The sign shall be visible from adjacent rights-of-way, including waterways, but excepting alleys.
d.
If the subject property is on more than one (1) right-of-way as described in subsection A.3.c, a sign shall be posted facing each right-of-way.
e.
If the applicant is not the owner of the property that is the subject of the application, the applicant shall post the sign on or as near to the subject property as possible subject to the permission of the owner of the property where the sign is located or, in a location in the right-of-way if approved by the city.
f.
Development applications for more than one (1) contiguous development site shall be required to have sign notice by posting one (1) sign in each geographic direction, (north, south, east and west) on the public right-of-way at the perimeter of the area under consideration.
g.
If the sign is destroyed or removed from the property, the applicant is responsible for obtaining another sign from the city and posting the sign on the property.
h.
The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeal, request for review or hearings by another body. The sign information shall be changed as provided in subsection A.3.a.
i.
The applicant shall, five (5) days prior to the public hearing, execute and submit to the department an affidavit of proof of the posting of the public notice sign according to this section. If the applicant fails to submit the affidavit, the public hearing will be postponed until the next public hearing after the affidavit has been supplied.
j.
The applicant shall pay a deposit at the time application is made. All signs shall be removed by the applicant within five (5) days after final disposition of the application. If the applicant fails to remove the sign and return it to the city within this time, city shall have the right to remove same which will result in the applicant forfeiting the deposit fee. If a sign is lost or stolen, an affidavit by the applicant of such fact shall be submitted prior to return of the deposit to applicant.
4.
Agenda publication. Agenda publication shall apply to publication of the agenda of the planning and zoning board or board of adjustment at least five (5) days before the meeting of the body that is considering development approvals and permits.
5.
Agenda posting. Agenda posting shall mean posting of the agenda of all boards reviewing development permits at a public place on a wall outside City Hall identified for that purpose at least three (3) days prior to the public hearing.
6.
Additional and optional notice. The city commission may direct that additional notice be given as the city commission may deem as proper for the circumstances involved for a particular hearing.
7.
Public participation notice. Public participation notice shall mean notice provided by the applicant via the method provided for mail notice in this Section 47-27 or electronic mail to City officially recognized neighborhood association(s) within three hundred (300) feet of the proposed development at a mailing address or email address provided to the City's Neighborhood Recognition Program. The notice must at a minimum contain the DSD case number; the proposed development's name: location of the proposed development site: name of the applicant: name of the applicant's agent if any, the date, time, and place of the public participation meeting when applicable.
8.
Failure to provide notice. While sign notice, agenda publication and posting and additional and optional notice is required, failure to provide these types of notice in accordance with these provisions shall not be grounds to invalidate the hearing.
(Ord. No. C-97-19, § 1(47-27.2), 6-18-97; Ord. No. C-99-30, § 2, 5-4-99; Ord. No. C-11-24, § 2, 9-20-11; Ord. No. C-24-37, § 3, 9-3-24)
A.
In addition to the public notice required as provided in the ULDR, public notice in connection with an application for development approval shall be provided as follows:
1.
For all development permits reviewed or issued by any board or the city commission, notice shall be given by agenda posting.
2.
For all development permits reviewed or issued by the planning and zoning board or board of adjustment, notice by agenda publication shall be provided.
(Ord. No. C-97-19, § 1(47-27.3), 6-18-97)
A.
Notice for site plan level II, III and level IV, and amendments to site plan level III and IV development permit application, conditional use approvals, and plats shall be provided as follows:
1.
Sign notice. Sign notice for site plan level II development located within the SRAC-SAe and SRAC-SAw zoning districts shall be required prior to the date of a Development Review Committee (DRC) meeting. Sign notice for site plan level III and level IV shall be required prior to a public hearing by the planning and zoning board and city commission.
2.
Public Participation notice. Public participation notice is required to be provided by the applicant as follows:
a.
Development permit applications for an amendment to a site plan level III or site plan level IV development permit to increase floor area or height to a proposed or existing building, that does not exceed five (5) percent of the existing or approved floor area or height, any modification to reduce yards or setbacks up to five (5) percent of the existing or approved yard or setback, or other amendments which exceeds the authority of the department to approve amendments and is required to be reviewed and approved by Planning and Zoning Board (PZB) or City Commission which gave the final approval for the original development, notice shall be as follows:
i.
Public participation notice shall be provided a minimum of twenty-one (21) days prior to the first scheduled Administrative Review Committee meeting.
ii.
Public participation notice of the applicant's public participation meeting. Such notice shall be given at least ten (10) days prior to the public participation meeting, which must be held to no later than thirty (30) days prior to preliminary Administrative Review Committee approval. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
iii.
The applicant of a development that exceeds the authority of the department to approve the amendments shall provide a public participation notice of the applicant's public participation meeting prior to the submittal of a development permit application for review before the PZB or City Commission and shall be given at least ten (10) days prior to the public participation meeting which must be held at least 30 days prior to the PZB or City Commission meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
b.
A development permit application for a site plan level II review requires notice be provided as follows:
i.
The applicant, at the applicant's expense. shall provide notice of the first Development Review Committee (DRC) meeting at which the development application will be reviewed a minimum of twenty-one (21) days prior to the first scheduled Development Review Committee (DRC) meeting.
ii.
The applicant of a development permit application for a Site Plan Level II review in a RAC zoning district or RAC land use, shall provide a public participation notice of the applicant's public participation meeting. Such notice shall be given at least ten (10) days prior to the public participation meeting, which must be held to no later than thirty (30) days prior to preliminary DRC approval. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
c.
A development permit application for a site plan level III review, site plan level IV review, conditional use request, parking reduction request, flex allocation, cluster development, modification of yards, waterway use request, public purpose use application, land use amendments, any development in the Regional Activity Centers that requires approval by the Planning and Zoning Board or the City Commission, excluding plat and easement vacation requests, notice shall be as follows:
i.
The applicant, at the applicant's expense, shall provide notice of the first Development Review Committee (DRC) meeting at which the development application will be reviewed a minimum of twenty-one (21) days prior to the scheduled Development Review Committee (DRC) meeting.
ii.
Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
3.
Additional notice.
a.
For consideration of an application for alternative screening of a dumpster as provided in Section 47-19.4.H, notice shall be given to the civic or neighborhood association which represents the area within which the subject property is located of the public hearing before the planning and zoning board. The notice shall be mailed to the address on file for the association in the city clerk's office at least ten (10) days prior to the date of hearing. Failure of the notice shall not be grounds to invalidate the hearing as this provision is directory and not mandatory.
b.
For consideration of an application for a conditional use when no portion of a parcel abuts a right-of-way, prior to the planning and zoning board meeting mail notice shall be given to the owners of the land being considered and the owners of land within three hundred (300) feet of the right-of-way closest to the parcel being considered.
c.
A development permit application for an amendment to a site plan level III or IV or site plan level II review requires notice of the first Administrative Review meeting or Development Review Committee (DRC) meeting be provided at the applicant's expense, to the Officially-City Recognized Civic Organizations within three hundred (300) feet of the proposed projection a minimum of twenty-one (21) days prior to the first scheduled meeting.
B.
Appeal. Sign notice shall be required prior to a public hearing by the planning and zoning board or city commission of an appeal or request for review of a site plan or conditional use.
(Ord. No. C-97-19, § 1(47-27.4), 6-18-97; Ord. No. C-10-50, § 2, 1-4-11; Ord. No. C-11-24, § 3, 9-20-11; Ord. No. C-15-01, § 3, 1-21-15; Ord. No. C-19-17, § 1, 8-20-19; Ord. No. C-24-37, § 3, 9-3-24)
A.
Type 1. When the change in zoning is initiated by the city and involves a change in the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres, notice shall be given as follows:
1.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
b.
City commission. Prior to a public hearing by the city commission mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation at least thirty (30) days prior to the date set for public hearing.
2.
Newspaper notice. Newspaper notice shall be given at least ten (10) days prior to adoption of the ordinance by the city commission changing the zoning map designation.
3.
Sign notice. Sign notice shall be given prior to the planning and zoning board public hearing.
4.
Public participation notice. Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
B.
Type 2. When the change in zoning is initiated by the city and involves a change in the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more or changes the actual list of permitted, conditional, or prohibited uses within a zoning category notice shall be given as follows:
1.
Newspaper notice.
a.
City commission. Newspaper notice shall be given at least seven (7) days prior to the first public hearing and at least five (5) days prior to the second public hearing. The advertisement shall be no less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper and the headline shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be in substantially the form provided in F.S. § 166.041(3)(c).
2.
Sign notice. Sign notice shall be given only for a change in zoning map designation.
3.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
4.
Public Participation notice. Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
C.
Type 3. When the change in zoning is initiated by other than the city and is a change to the actual zoning map designation of a parcel or parcels of land, notice shall be given as follows:
1.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands under consideration for a change in the zoning map designation and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
2.
Newspaper notice.
a.
City commission. Newspaper notice shall be given at least ten (10) days prior to adoption of the ordinance changing the zoning map designation.
3.
Sign notice. Sign notice shall be given prior to the planning and zoning board public hearing.
4.
Public Participation notice. Prior to the submittal of an application to the Planning and Zoning Board (PZB). Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
D.
Type 4. When a change in zoning regulations does not involve a change in the actual zoning map designation for a parcel or parcels of land and does not involve a change in the actual list of permitted, conditional, or prohibited uses with a zoning category, notice shall be given as follows:
1.
Newspaper notice.
a.
Planning and zoning board. Newspaper notice shall be given at least ten (10) days prior to the date set for public hearing.
b.
City commission. Newspaper notice shall be given at least ten (10) days prior to adoption of the ordinance by the city commission.
E.
Appeal of a denial of a rezoning. If the city commission accepts an appeal of a denial by the planning and zoning board of an application for rezoning filed by other than the city, notice shall be given prior to the city commission meeting in the same manner as notice prior to the planning and zoning board.
(Ord. No. C-97-19, § 1(47-27.5), 6-18-97; Ord. No. C-99-30, § 2, 5-4-99; Ord. No. C-24-37, § 3, 9-3-24)
A.
Notice of a vacation of a right-of-way shall be given as follows:
1.
Mail notice.
a.
Planning and zoning board. Prior to the public hearing before the planning and zoning board mail notice shall be given to the owners of lands abutting a street or public place to be vacated and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
2.
Newspaper notice.
a.
City commission. Newspaper notice shall be given at least ten (10) days prior to the public hearing to consider adoption of the ordinance by the city commission vacating a right-of-way.
3.
Sign notice. Sign notice shall be given prior to the public hearing before the planning and zoning board.
4.
Public participation notice. Public participation notice is required prior to the submittal of an application to the Planning and Zoning Board (PZB) and shall be given at least ten (10) days prior to the public participation meeting, which must be held at least thirty (30) days prior to the PZB meeting. Additional mail notice, via the method provided for mail notice in this Section 47-27, shall be sent by the applicant and at the applicant's expense to property owners whose real property is located within three hundred (300) feet of the development site that is the subject of the application at least ten (10) days prior to the public participation meeting.
B.
Appeal of denial of vacation. If the city commission accepts an appeal of a denial by the planning and zoning board of an application for vacation of right-of-way, notice shall be given as follows:
1.
Mail notice. Prior to the public hearing before the city commission, mail notice shall be given to the owners of lands abutting a street or public place to be vacated and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
C.
Vacation of public easements. Notice shall be given by agenda posting.
(Ord. No. C-97-19, § 1(47-27.6), 6-18-97; Ord. No. C-24-37, § 3, 9-3-24)
A.
Historic preservation board.
1.
Within ten (10) days of a motion by the HPB to initiate a historic designation application, the development services department shall send first class mail notice to the property owner(s) of the property that is the subject of the motion for designation.
2.
After a complete application for designation or change to designation application has been received by the city, notice shall be given as follows:
a.
Mail notice. After a complete application for historic designation has been received by the historic preservation board liaison or his/her designee, the city shall send mail notice to the property owner(s) of the property that is the subject of an application for designation or a change to designation in accordance with Section 47-27.2 of the ULDR. Mail notice shall be sent by the city thirty (30) days prior to the date of the first public hearing before the historic preservation board. The applicant shall be responsible for all costs of mailing(s). If the real property that is the subject of the application is owned by a limited liability company or corporation that is registered to transact business in the State of Florida, the city shall send mail notice of an application for designation or a change to designation in accordance with Section 47-27.2 of the ULDR, to the registered agent of the corporation or limited liability company, thirty (30) days prior to the date of the first public hearing before the historic preservation board and the applicant is responsible for the cost of mailing.
i.
Mail Notice Requirements for Applications for Landmark(s), landmark site(s), and archaeological site(s): Certified mail notice shall be sent by the city, to the owner(s) of real property under consideration for designation. If the property under consideration for designation is owned by a limited liability company or corporation that is registered to transact business in the State of Florida, certified mail notice shall be sent by the city to the registered agent of a limited liability or corporation.
ii.
Mail Notice Requirements for Historic district(s). First class mail notice shall be sent to the owner(s) of land under consideration for designation and the president of the civic association(s) that is officially recognized by the City of Fort Lauderdale where properties are located.
iii.
A property owner may waive the mail notice requirement in subsection a. above, by sending a signed and notarized affidavit signed by each property owner, expressly stating that each property owner hereby waives the mail notice. The affidavit must include the property address, the historic preservation board case number, a description of the request in the application, and the date of the historic preservation board meeting.
b.
Newspaper notice shall be given at least twelve (12) days prior to the date set for the first public hearing before the historic preservation board. Newspaper notice shall comply with requirements in 47-27.2 of the ULDR.
c.
Failure to receive mail notice shall not invalidate the hearing as notice shall also be given by publication in a newspaper of general circulation within the City of Fort Lauderdale as described in subsection b. above and sign notice is also provided.
d.
Sign notice. Sign notice shall be provided in accordance with Section 47-27.2 of the ULDR prior to each public hearing before the Historic Preservation Board. Sign notice shall be posted at least fifteen (15) days prior to the date set for the historic preservation board meeting to consider historic designation.
B.
Planning and zoning board.
1.
For designation of an historic district which involves less than ten (10) contiguous acres, the city shall send mail notice to the owner of the property proposed for designation and owners within three hundred (300) feet of those lands, at least ten (10) days prior to the date set for the first public hearing. This notice may be included in the mail notice of the historic preservation board public hearing. The applicant is responsible for all costs associated with mail notice. Failure to receive mail notice shall not invalidate the hearing.
2.
For designation of an historic district involving ten (10) contiguous acres or more, newspaper notice shall be given at least ten (10) days prior to the date set for public hearing.
C.
City commission.
1.
Sign notice. Sign notice shall be provided in accordance with Section 47-27.2 of the ULDR prior to the public hearing before the city commission. Sign notice shall be given at least fifteen (15) days prior to the date set for the city commission meeting to consider historic designation or a change in historic designation.
2.
Newspaper notice. Newspaper notice in a newspaper of general circulation in the City of Fort Lauderdale shall be given at least twelve (12) days prior to the date set for public hearing to consider designation or change to a landmark, landmark site, historic district or historic building. The newspaper notice shall comply with requirements in 47-27.2 of the ULDR.
(Ord. No. C-97-19, § 1(47-27.7), 6-18-97; Ord. No. C-99-14, § 16, 3-16-99; Ord. No. C-19-24, § 2, 9-12-19; Ord. No. C-22-57, § 2, 1-10-23)
A.
Notice of a hearing for all applications for certificates of appropriateness, waivers, and economic hardship shall be as follows:
1.
Historic preservation board.
a.
E-mail notice is required for all applications for certificates of appropriateness and waivers. E-mail notice shall be sent by the city to the property owner or authorized agent representing the owner for all applications for certificates of appropriateness and waivers at least five (5) days prior to the date set for the first HPB hearing. Failure to receive e-mail notice shall not invalidate the hearing.
b.
Mail notice is required for all applications for demolition and economic hardship. First class mail notice shall be given to the property owner whose property is under consideration for a certificate of appropriateness for demolition or economic hardship at least fifteen (15) days prior to the date set for the first public hearing before the HPB. For demolitions, mail notice shall be given to all property owners within three hundred (300) feet of the property that is the subject of the application for demolition. The applicant shall be responsible for all costs of mailing(s).
c.
Sign notice is required for all applications for demolition, economic hardship, and new construction. Sign notice shall be given at least fifteen (15) days prior to the date set for the first HPB hearing on an application for certificate of appropriateness for demolition, economic hardship, and new construction in accordance with the requirements in Section 47-27.2 of the ULDR.
B.
Appeal. If an appeal of a denial of an application for a certificate of appropriateness, application for a waiver, or application for economic hardship is accepted by the city commission as provided in Sections 47-24.11 and 47-26B of the ULDR, first class mail notice shall be given to the same persons who were noticed of the public hearing before the historic preservation board on the matter being appealed at least thirty (30) days prior to the date set for public hearing. The applicant shall be responsible for all costs of mailing(s).
(Ord. No. C-97-19, § 1(47-27.8), 6-18-97; Ord. No. C-99-14, § 17, 3-16-99; Ord. No. C-19-24, § 3, 9-12-19; Ord. No. C-20-08, § 1, 3-3-20)
A.
Notice of hearing before the board of adjustment on a variance, special exception, temporary nonconforming use or interpretation shall be as follows:
1.
Mail notice. Mail notice shall be given to the owners of lands under consideration and the owners of lands within three hundred (300) feet of those lands at least ten (10) days prior to the date set for public hearing.
2.
Sign notice. Sign notice shall be given prior to the date set for public hearing.
B.
Notice of rehearing before the board of adjustment shall be as follows:
1.
Mail notice. Mail notice for any rehearing of a variance or special exception shall be given to the same persons who were noticed for the original public hearing at least ten (10) days prior to the date set for public hearing.
(Ord. No. C-97-19, § 1(47-27.9), 6-18-97)
A.
When a new comprehensive plan or comprehensive plan amendment changes the actual list of permitted, conditional or prohibited uses within a future land use category or changes the actual future land use map designation of a parcel or parcels of land, notice shall be given as follows:
1.
Newspaper notice.
a.
Local planning agency. Newspaper notice shall be given at least ten (10) days prior to the date set for public hearing.
b.
City commission. Newspaper notice shall be given at least ten (10) days prior to the first public hearing at the transmittal stage and the second public hearing at the adoption stage. The newspaper advertisement shall be in the format prescribed by F.S. § 166.041(3)(c)2b.
B.
When a comprehensive plan or comprehensive plan amendment does not effect a change in the actual list of permitted, conditional or prohibited uses or change the actual future land use map designation of a parcel, notice shall be given as follows:
1.
Local planning agency. Newspaper notice shall be given at least ten (10) days prior to the public hearing.
2.
Planning and zoning board and city commission.
a.
Newspaper notice. Newspaper notice shall be given at least ten (10) days prior to the public hearing before the planning and zoning board and at least ten (10) days prior to the public hearing to consider adoption of the ordinance approving the text amendment.
(Ord. No. C-97-19, § 1(47-27.10), 6-18-97)
Notice shall be given in accordance with F.S. ch. 380.
(Ord. No. C-97-19, § 1(47-27.11), 6-18-97)