Hallandale Beach City Zoning Code

This article is intended to set forth procedures to ensure the opportunity for affected property owners, and other interested parties, to participate in public deliberations and hearings pertaining to development-related activities covered by this Code. It is further intended that the procedures contained herein be consistent with, and meet or exceed, any relevant state requirements with regard to public notification. Should more stringent requirements apply to a proposed action, the requirements shall be in addition to those contained herein.

(Ord. No. 2008-19, § 1, 9-3-2008)

1. When referred to in the Zoning Code, the different types of public notices set out below shall be given the meaning and conform with the provisions as follows:
   1. Mail notice.
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. A copy of the notice mailed shall be made available for public inspection during the regular business hours of the city clerk.
      6. Mail notice shall be deemed given when a notice has been properly addressed, stamped and deposited in a U.S. Postal Service depository.
      7. Failure to receive notice shall not be grounds to invalidate the hearing as this provision is a courtesy.
   2. Newspaper notice.
      1. Newspaper notice shall consist of publication in a newspaper of general paid circulation and of general interest and readership in the city, not one of limited subject matter.
      2. Whenever possible, the advertisement shall appear in a newspaper that is published at least five days a week.
      3. 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.
      4. 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. Posted notice. Sign notice shall be given by the applicant by posting a four-foot by four-foot sign stating the time, date, the type of petition being considered, the petition number, and where further information can be obtained on such matter on the property which is the subject of an application for major development, land use plan amendment or rezoning. All other applications outlined in this article shall be posted by the applicant with a sign provided by the city.
      1. If more than one public hearing is held on a matter, the date, time and place shall be stated on the sign or changed as applicable.
      2. The sign shall be posted at least ten days prior to the date of the public hearing.
      3. The sign shall be visible and legible from adjacent rights-of-way, including waterways, but except alleys.
      4. If the subject property is on more than one right-of-way as described in subsection 3.c., a sign shall be posted facing each right-of-way.
      5. If the sign is destroyed or removed from the property, the applicant is responsible for obtaining another sign and posting the sign on the property.
      6. 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 3.a.
      7. The applicant shall, five days prior to the public hearing, execute and submit to the development services department photographs and 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.
      8. Should the application be continued or deferred for greater than 60 days, the sign notice shall be removed and reestablished in accordance with this subsection.
   4. Agenda publication. Agenda publication shall apply to publication of the agenda of the planning and zoning board at least ten 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 at city hall identified for that purpose at least seven 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.

(Ord. No. 2008-19, § 1, 9-3-2008; Ord. No. 2012-05, § 2, 5-2-2012)

The following table generally identifies when and what type of public notice shall be required and the minimum number of days prior to each meeting/hearing said notice shall be made as additional requirements may be required per Florida Statutes:

(Ord. No. 2008-19, § 1, 9-3-2008; Ord. No. 2025-32, § 2, 12-17-2025; Ord. No. 2025-034, § 2, 12-17-2025; Ord. No. 2025-35, § 2, 12-17-2025)

1. Publication. The requirements for public notice provided by publication shall be as follows:
   1. Notice shall be published at least one time in a newspaper of general circulation published in the City of Hallandale Beach, or in Broward County, Florida, at least ten days prior to the date of any required public hearing and shall be the responsibility of the city.
   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 clerk's office during the regular business hours of the city.
   4. Future Land Use Plan, zoning text amendments and rezoning greater than ten 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 contiguous acres or more, shall be published at least ten days prior to the planning and zoning board public hearing, again at least seven days prior to the first city commission public hearing and again at least five days prior to the second city commission adoption hearing. Public notice shall be provided as described in the following subsections.
      1. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 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 placed in a newspaper of general paid circulation in the municipality, not one of limited subject matter, pursuant to F.S. ch. 50. Whenever possible, the advertisement shall appear in a newspaper that is published at least five days a week unless the only newspaper in the city is published less than five days a week.
      2. The advertisement shall be in substantially the following form:
         
         "Notice of (insert type of) Change
         The City of Hallandale Beach proposes to adopt the following ordinance: (title of ordinance)….
         A public hearing on the ordinance will be held…(date and time)…at…(meeting place)…"
      3. 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.
      4. 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. Rezoning. 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 separate city commission hearings, and shall be published at least ten days before the planning and zoning board public hearing, and again at least ten days before the city commission adoption hearing.
   6. Small-scale CLUP amendments. Notice of small scale development amendments to the Comprehensive Land Use Plan, initiated by other than the city, shall be published at least ten days before the planning and zoning board public hearing, and again at least ten days before the city commission adoption hearing.
   7. CLUP text and map amendments, other than small-scale. All Comprehensive Land Use Plan amendments, other than small-scale amendments, shall be published at least ten days before the planning and zoning board public hearing, and again at least seven days before the first city commission meeting, and again at least ten days before the city commission adoption hearing.
   8. 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. The requirements for public notice provided by posting of property publication shall be as follows:
   1. Sign notice shall be given by the applicant by posting a four-foot by four-foot sign stating the time, date, the type of petition being considered, the petition number, and where further information can be obtained on such matter on the property which is the subject of an application for major development, land use plan amendment or rezoning. All other applications outlined in this article shall be posted by the applicant with a sign provided by the city.
   2. If more than one public hearing is held on a matter, the date, time and place shall be stated on the sign or changed as applicable.
   3. The sign shall be posted at least ten days prior to the date of the public hearing.
   4. The sign shall be visible and legible from adjacent rights-of-way, including waterways, but except alleys.
   5. If the subject property is on more than one right-of-way as described in subsection B.4., a sign shall be posted facing each right-of-way.
   6. If the sign is destroyed or removed from the property, the applicant is responsible for obtaining another sign and posting the sign on the property.
   7. The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeal, and request for review or hearings by another body. The sign information shall be changed as provided in subsection B.2. Should the application be continued or deferred for greater than 60 days, the sign notice shall be removed and reestablished in accordance with this subsection.
   8. The applicant shall, five days prior to the public hearing, execute and submit to the development services department photographs and 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.
   9. 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 services director to inform the public.
   10. If such sign is placed on a vacant lot or parcel of land, it shall be securely nailed or otherwise fastened securely to a stake or post which itself shall be fastened securely into the ground. Said sign shall not be located nearer than ten feet nor more than 15 feet from the street property line, provided, however, that where said property is improved by a building, the main part of which is less than ten feet from said street property line, the sign may be placed upon the front and/or side of the building, or upon a front and/or side door and/or window of the building. Whenever a building on improved property is located more than ten feet from the street property line, the sign shall be erected as provided for on vacant property.
   11. Failure to post specific property shall not affect any action or proceeding taken hereunder.
3. Mail notices.
   1. A courtesy 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 all property owners whose addresses are known by reference to the latest ad valorem tax record, within a 1,000-foot radius; except that applications for variances or redevelopment area modification waivers involving properties with up to nine units residential or less than 4,000 square feet of non-residential area, shall be mailed to all property owners within a 300-foot radius. This notification requirement is measured in feet from the perimeter boundaries of the subject property.
      The development services director may require an additional area to receive a courtesy notice on any application. The development services director may also require courtesy notices on applications that are not typically required to be noticed if it is determined that such notification is desirable.
   2. Courtesy notice shall be mailed by the applicant at least ten days prior to the date of the public hearing.
   3. Rezoning less than ten acres. When a proposed ordinance is initiated by the city that changes the actual zoning map designation for a parcel or parcels of land less than ten acres, the city shall notify by mail each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for the public hearing on such ordinance. Such notice shall be given at least ten days prior to the date of the planning and zoning board public hearing, and again at least 30 days prior to the date of the city commission public hearing.
   4. Small-scale CLUP amendments. Notice of small-scale development amendments to the comprehensive land use plan, initiated by the city, shall be mailed to each property owner of record in the current tax rolls. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for the public hearing on such ordinance. Such notice shall be given at least ten days prior to the date of the planning and zoning board public hearing, and again at least 30 days prior to the date of the city commission public hearing.
   5. CLUP/zoning text amendments and rezoning greater than ten 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 contiguous acres or more, shall be mailed at least ten days prior to the planning and zoning board public hearing, again at least seven days prior to the first city commission public hearing and again at least five days prior to the second city commission adoption hearing.
   6. Neighborhood compatibility meetings shall be noticed at least ten days prior to the meeting. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this Code for notice. For neighborhood compatibility meetings, the applicant shall also notify all property owners of record, including those within condominiums within a one-half-mile radius from the subject property. This notification requirement is measured from the perimeter boundaries of the subject property.
   7. A copy of mailed notices shall be available for public inspection during the regular business hours of the city clerk.
   8. Failure to mail or receive courtesy notice shall not affect any action or proceeding taken under these regulations.
   9. The applicant shall be required to provide a mailing list and labels of the area within the radius prescribed above to the city with an affidavit affirming the mailing was sent in accordance with this article or bearing written verification by the U.S. Postal Service on the date of mailing. Such notice shall be placed in the mail at least 30 days prior to the first scheduled public hearing.

(Ord. No. 2008-19, § 1, 9-3-2008; Ord. No. 2009-04, § 1, 3-4-2009)