The purpose of this Article is to establish the procedures to administer and enforce all matters arising under this Code to: 1) set forth the procedural rules associated with land development in the County; 2) minimize developer expense while facilitating compliance with the provisions of this Code and the Comprehensive Plan; 3) establish a procedure to amend provisions of this Code and the Comprehensive Plan; 4) establish a procedure for relief from specified regulations in this Code; and 5) establish the functions and responsibilities of those public entities charged with the administration of this Code as established by state statute, administrative regulation, and prevailing practice.

The Planning and Development Director shall administer this Unified Land Development Code; the Building Official shall administer the Florida Building Code. The Planning and Development Director and Building Official are authorized to act through aides and assistants, and in the performance of their duties, may request the assistance of any appropriate officer or agency of Hardee County.

The Planning and Development Director shall supervise and administer all staff activities regarding comprehensive planning, zoning, development review, issue development and building permits, certificates of occupancy and code enforcement. The Planning and Development Director shall perform duties prescribed by this Code, as well as any others assigned by the Board of County Commissioner. The Planning and Development Director shall be duly qualified for these responsibilities through appropriate education and work experience. The Planning and Development Director shall have a thorough knowledge of the provisions of the Comprehensive Plan and this Code and shall have the authority to interpret the intent and meaning of this Code in situations where its applicability is not clear. Appeals of administrative decisions of the Planning and Development Director shall be made to County Manager consistent with Section 10.04.00.

Other specific duties of the Planning and Development Director are as follows:

(A)

Under the direction of the County Manager, cooperate with the Planning and Zoning Board and the Board of County Commissioners in the implementation, amendment, and enforcement of this Code and the Comprehensive Plan.

(B)

Attend all public hearings at which comprehensive planning, zoning, and Land Development Code matters are discussed, including meetings of the Planning and Zoning Board and the Board of County Commissioners.

(C)

Accept and process all applications for amendments to the Comprehensive Plan, Land Development Code, zoning actions, site development plans, subdivision plans, and variances.

(D)

Certify the accuracy of the Official Zoning Map and amendments thereto.

(E)

Chair the Development Review Committee.

(F)

Collect and account for all required application fees, except building permit and related fees.

(G)

Grant or deny such administrative approvals and waivers as are allowed under the provisions of this Code.

(H)

Evaluate all applications for development permits provided by this Code.

(I)

Ensure that all time limits prescribed by this Code are met.

(J)

Monitor the progress of all development applications through the review process and be available to respond to inquiries from interested persons.

(K)

Process and submit copies of all Comprehensive Plan amendments to the Department of Commerce (DOC) and the other state agencies in accordance with Florida Statutes.

(L)

Maintain the concurrency management system and evaluate each application for a development order, including building permits, to determine whether it meets applicable Concurrency requirements.

(M)

Any other duties assigned by the County Manager.

The Building Official shall supervise and administer all staff activities regarding issuance of building and other permits regulated by the Florida Building Code (FBC), enforcement of the FBC, and County Code Enforcement. The Building Official shall be duly qualified for these responsibilities through appropriate certification, education, and work experience.

Powers and duties, as detailed in Article 12, include, but are not limited to, the following:

(A)

Enforce the provisions of the FBC.

(B)

Enter premises for inspections.

(C)

Issue stop work orders.

(D)

Revoke permits.

The duties and responsibilities of the County Engineer or Consultant under this Code shall include, but not be limited to, the following:

(A)

Provide technical information and assistance to the Planning and Development Director in the interpretation and application of this Code.

(B)

Assist the Floodplain Administrator to make necessary interpretations to determine the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

(C)

Assist the Floodplain Administrator to review all commercial, retail, industrial, subdivision proposals, and other proposed developments to determine whether such proposals will be reasonably safe from the base flood elevation.

(D)

Review preliminary site plans and construction/engineering plans for compliance with the standards set forth within the Unified Land Development Code, Hardee County Comprehensive Plan, Engineering Technical Standards Manual, Florida Building Code, and all other applicable codes, standards, and regulations.

The Planning and Development Director shall have the authority to approve the following, subject to conditions set forth below and in applicable provisions of this Code. Administrative Adjustments are located in Section 11.05.00.

See Section 11.05.04.03.

The Planning and Development Director may authorize the use of a temporary structure not meeting the requirements of the Florida Building Code at the construction site of an approved Site Development Plan. The temporary structure may be used only as an administrative or sales office, tool shed, or other facility in support of construction work, and shall not be used for living accommodations or for any other purpose.

The applicant shall designate the exact location of the temporary structure on the Site Development Plan and shall place it only in the approved location. The temporary structure shall not be installed prior to issuance of the building permit for the development site and shall be removed upon expiration of the building permit or issuance of the Certificate of Occupancy, whichever comes first.

The Planning and Development Director may authorize the use and permitting of a RV as a temporary residence during construction of a permanent residence or in the case of a disaster situation such as fire, flood, or hurricane under the conditions listed below. The Use of Temporary Shelters after the declaration of a State of Emergency are addressed in Section 10.02.04.

(A)

The lot or building site is at least 1/4 acre in size.

(B)

The applicant has received approval of a building permit for construction of a single-family residence on the property.

(C)

The foundation and rough plumbing for the permanent structure have been completed and approved by a County Building Inspector, except for disaster relief.

(D)

The temporary RV shall be placed at least 20 feet from all lot lines, and 10 feet from any other existing or planned structure.

(E)

The temporary unit must be connected to a public sewer system or to a septic tank permitted by the Hardee County Health Department.

(F)

Wheels and axles of the temporary unit shall not be removed.

(G)

The temporary RV shall be removed from the building site within 30 days of the Certificate of Occupancy for the permanent residence, or at the end of a one-year period commencing at the date of its installation, whichever comes first.

(H)

This administrative approval may be renewed or granted one time for an additional six-month period.

The County enforces temporary shelter requirements after a Declaration of Emergency consistent with the Requirements from F.S. § 166.0335.

(A)

For the purposes of this Section, the term "temporary shelter" includes, but is not limited to, a recreational vehicle, trailer, or similar structure placed on a residential property.

(B)

Notwithstanding any other law, ordinance, or regulation to the contrary, following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in s. 252.34(8) during which a permanent residential structure was damaged and rendered uninhabitable, a municipality may not prohibit the placement of one temporary shelter on the residential property for up to 36 months after the date of the declaration or until a certificate of occupancy is issued on the permanent residential structure on the property, whichever occurs first, if all of the following circumstances apply:

(1)

The resident makes a good faith effort to rebuild or renovate the damaged permanent residential structure, including, but not limited to, applying for a building permit, submitting a plan or design to the municipality, or obtaining a construction loan.

(2)

The temporary shelter is connected to water and electric utilities and does not present a threat to health and human safety.

(3)

The resident lives in the temporary structure.

The Planning and Development Director or Building Official may authorize the continued use of an existing single-family home during the construction of a new replacement single-family home with the following conditions:

(A)

The lot or building site is large enough to accommodate the existing single-family home and the construction of the replacement home while meeting all development standards for the district as listed in Table 3.03.00(C).

(B)

The property owner must provide a notarized letter explaining the reason why the existing home should remain during construction and the owner's intent to move into the new construction and have the existing house demolished within 30 days after the final Certificate of Occupancy on the new construction is issued.

(C)

Demolition of the existing single-family structure must occur within 30 days after issuance of the temporary Certificate of Occupancy.

(A)

The Planning and Development Director may authorize the temporary use and permitting of a manufactured home for security purposes for a period not to exceed one year under the following conditions:

(1)

Unit shall be placed on contiguous property at least 10 acres in size.

(2)

Wheels and axles shall not be removed from the temporary manufactured home, and no appurtenant structures shall be added to the unit, such as carports, screen rooms, etc.

(3)

The temporary unit shall be connected to a septic tank or sewer system in accordance with Hardee County Health Department regulations.

(4)

The temporary unit shall be set back at least 100 feet from all property lines.

(5)

Temporary manufactured homes permitted for security purposes shall be limited to a maximum of 780 square feet in size.

(B)

Application and Building Permit.

(1)

Upon application for administrative approval, a certified survey of the property on which the temporary manufactured home will be placed shall be submitted to the Planning and Development Division. The proposed location of the temporary unit shall be shown on the survey.

(2)

The applicant shall execute an agreement with the County, which shall be signed by the County Manager or designee on behalf of the County, in which the applicant agrees to the terms and conditions of this Section. This agreement must be recorded in the public records of Hardee County, prior to issuance of a building permit.

(3)

After approval of the temporary manufactured home by the Planning and Development Director, the applicant shall obtain a building permit prior to any development or construction on the site.

(4)

The applicant shall post a bond for removal of the temporary manufactured home. The applicant may give the County cash or a surety bond in the amount of $5,000.00 guaranteeing that: (1) the manufactured home shall remain on the site only as long as the manufactured home qualifies under this Section for placement upon the property; and (2) the manufactured home shall be removed when the need for the temporary manufactured home ceases to exist. The cash or bond shall be used to remove the manufactured home if the applicant fails to do so upon the ending of the need for the temporary manufactured home.

(C)

Extension of Approval; Termination of Use.

(1)

Extension of Approval. If the applicant desires to renew the approval for the temporary manufactured home, such request and affidavit should be filed prior to the expiration of the existing approval. The Planning and Development Director shall grant a one-year extension if all the requirements of 10.02.05(B) continue to be met. The applicant shall be entitled to successive one-year extensions if all the requirements of 10.02.05(B) are met each year and if an application is filed.

(2)

Notification by Applicant; Termination of Temporary Use; Removal of Manufactured Home. When there is no further need for the temporary use, the applicant shall notify the County within 30 days and the temporary manufactured home approval shall be terminated. At the termination of the temporary manufactured home approval, because of no further need, or because of non-renewal, the mobile home shall be removed from the property and any well or septic tank used solely for the temporary dwelling shall be properly abandoned.

The County Manager/designee is the enforcement officer for all regulations contained in this Code. Procedures for periodic inspection of development work in progress, to ensure compliance with a development permit and final development order that authorized the activity, is found within this Code.

Upon completion of work authorized by a development permit or development order, and before the development is occupied, the developer shall apply to the Building Department for a Certificate of Occupancy. The Building Official shall inspect the work and issue the Certificate, if all work is found to be in conformity with the permit or order.

(A)

New or Different Use (Change of Use). No building or structure, or part thereof, or premises, which are erected or altered or changed in occupancy, or land upon which a new or different use is established, shall be occupied, or used until a Certificate of Occupancy has been issued.

(B)

New Use of Existing Buildings. No building or structure, or part thereof, shall be changed to, or occupied by, a use of a different kind unless a Certificate of Occupancy is first obtained for the new or different use.

(C)

Existing Uses. Certificates of Occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures, or uses of land are in conformity with the applicable provisions of this Code.

(D)

Accessory Buildings. Accessory buildings or structures shall not require separate certificates of occupancy but may be included in the Certificate of Occupancy for the dwelling when shown on the lot plan and when completed at the same time as such dwelling.

(E)

Temporary. Nothing in this Code shall prevent the issuance of a temporary Certificate of Occupancy for a portion of a building or structure in the process of erection or alteration, provided that such temporary certificate shall not be effective for a period in excess of six months and provided further that such portion is in conformity with this Article and Article 12.

(F)

Numbers or Address Letters. No Certificate of Occupancy shall be issued until permanent and proper numbers or address letters are displayed. Such numbers or letters shall be visible and legible from the street. Where the principal entrance of the building is clearly visible from the street, numbers or letters must be posted on the building over or near the principal entrance to be legible from the street. Where the principal entrance is not clearly visible from the street, numbers or letters must be affixed to a structure located at the intersection of the street and the building entranceway.

(G)

Fire Code Inspection. A new building shall not be occupied, or a change be made in occupancy or the nature or the use of a building or part of a building, until the Fire Official has conducted a fire code inspection and the building is found to be in compliance with the fire code and the Fire Official has signed the required Certificate of Occupancy.

(H)

Building Plans, Specifications, and Drawings for Fire Protection and Fire Equipment Systems. The Fire Official shall require a copy of building plans, specifications, and drawings, drawn to scale, with sufficient clarity and detail to indicate the type, nature, and character of the work of all fire protection and fire equipment systems.

A minor field adjustment is a deviation from a final development order that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process, minor and major field adjustments shall be subject to the provisions of Section 11.05.00 Administrative Adjustments.

Should a development order or permit be revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(A)

Appeals of Administrative Determinations, Decisions and Interpretations. A substantially affected person may appeal a decision of the Planning and Development Director made in the administration of this Code, subject to the following.

(1)

An application and notice of appeal shall be filed with the Planning and Development Director no more than 30 days after issuance or denial of the permit or order in question.

(2)

An application for an appeal shall include:

(a)

A statement as to each provision of the Code which is in question;

(b)

The interpretation, application, or determination made by the Planning and Development Director from which the applicant appeals;

(c)

A statement of the interpretation, application, or determination of law or fact advanced by the applicant; and

(d)

The reason why the applicant believes their interpretation, application or determination is correct in law or fact.

(3)

The Planning and Development Department shall prepare a report which shall include:

(a)

The Department's agreement or disagreement with the applicants statement of the law or fact in question;

(b)

The interpretation of the Department with regard to the law or fact in question;

(c)

The basis for the Department's interpretation; and

(d)

The reason why the Department believes its interpretation, application, or determination is correct in law or fact.

(4)

Within 45 days after receipt of a complete application and notice of appeal, the Planning and Development Director shall schedule a public hearing before the Board of County Commissioners. Published notice of the public hearing shall be given in accordance with the requirements of Section 10.09.00. Mailed and posted notices shall not be required.

(5)

The Board of County Commissioners shall hear and rule upon the appeal after a public hearing. The criteria for review is whether the administrative interpretation, application or determination at issue is clearly erroneous.

(6)

The final order of the Board of County Commissioners shall either affirm or reverse, in whole or in part, the interpretation, application or determination made by the Planning and Development Director in accordance with the above criteria.

(7)

The final order shall be effective 30 days from the date of filing of the executed order.

(B)

Appeals of Planning and Zoning Board and Board of County Commissioner Determinations, Interpretations and Decisions. Any person/s jointly or severally aggrieved by any decision of the Planning and Zoning Board or the Board of County Commissioners may, within 30 days of rendition of a decision, but not thereafter, apply to the courts for relief in the manner provided by the laws of the state.

A Development Review Committee (DRC) is hereby established to afford a multidisciplinary, interdepartmental review and assessment of the orderliness and impact of proposed development within the County. The DRC includes the Planning and Development Director, County Engineer, Public Works Director, Utilities Director, Fire Chief, Parks and Recreation Director, and Building Official. The Planning and Development Director may invite other County staff members or other agency representatives to participate in the DRC as needed. The DRC shall be responsible for reviewing development applications, site plans, landscape plans, subdivision plats, minor subdivision plats, and applications requiring Planning and Zoning Board and Board of County Commissioners action. The Planning and Development Director, or their designee, shall be charged with coordinating the activities of this Committee.

The DRC shall meet on a regular schedule to be determined by the Planning and Development Director. Meetings shall be noticed on the County Calendar and meeting minutes shall be recorded. The DRC meetings shall be open to the public.

(A)

Functions, Powers, and Duties.

(1)

Act as Local Planning Agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, F.S., and perform all functions and duties prescribed in the statute.

(2)

Review and make recommendations to the governing body on any matter relating to the planning of the County, including the evaluation and appraisal of the Comprehensive Plan, Comprehensive Plan Amendments, the development and amendment of the Unified Land Development Code, the Official Zoning Map, and other matters the Board of County Commissioners may defer or refer to the Planning and Zoning Board.

(3)

Consider information on population, the land economy, land use and other information necessary to assess the amount, direction, and type of development to be expected in the County.

(4)

Review and make recommendations to the Board of County Commissioners to approve, approve with conditions, or deny applications for Major Mining Special Exception, Special Exceptions, Development Agreements, Planned Unit Developments, or other special designations on property within the County.

(5)

Review and make recommendations to the Board of County Commissioners to approve, approve with conditions, or deny applications for site development plans that require final approval by the Board of County Commissioners.

(6)

Approve, approve with conditions, or deny applications for a Permitted with Conditions use, site development plans, or a request for a waiver from the ULDC.

(7)

Consider the need for revision or addition of regulations in this Code and recommend changes to the Board of County Commissioners.

(8)

Consider the need for revision of the Comprehensive Plan and recommend changes to the Board of County Commissioners.

(9)

Other duties as assigned by the Board of County Commissioners.

(B)

Appointment of Members.

(1)

The Planning and Zoning Board shall have seven members, to be appointed by the Board of County Commissioners and shall include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency or equivalent agency.

(2)

Each member of the Planning and Zoning Board shall reside in the County.

(3)

Each member shall be appointed to a three-year term. In the event all members are appointed at the same time, three members shall be appointed for a term of one year, two members shall be appointed for a term of two years, and two members shall be appointed for a term of three years.

(4)

The terms of all appointments, except those made to fill vacancies, shall expire on January 1. Members shall serve until the end of their term or until a successor has been appointed, whichever occurs later.

(5)

If a position becomes vacant before the end of a term, the Board of County Commissioners shall appoint a substitute member to fill the vacancy for the duration of the vacated term. A member whose term expires may continue to serve until a successor is appointed and qualified.

(6)

Members may be removed without notice and without assignment of cause by a majority vote of the Board of County Commissioners.

(7)

At the first meeting held after January 1 of each year, the Planning and Zoning Board shall elect a Chairman, Vice-Chairman and such other officers as deemed necessary. The Chairman, or in their absence the Vice-Chairman, shall preside over all meetings of the Board. Officers shall serve terms of one year.

(8)

The Chairman will establish subcommittees and appoint members as needed to carry out the purposes of the Planning and Zoning Board.

(9)

Members shall not be compensated but may be reimbursed for travel and other expenses incurred on Planning and Zoning Board business.

(10)

If any member fails to attend three successive meetings, the Planning and Zoning Board may declare the member's office vacant and notify the Board of County Commissioners.

(C)

Procedures.

(1)

The Planning and Zoning Board shall adopt procedures to carry out its purposes. All rules must conform to this Code, other County ordinances, and State law.

(2)

Regular meetings of the Planning and Zoning Board shall be held as necessary. Meetings may be called by the chairperson or the majority of the Board of County Commissioners, the chairperson or the majority of the Planning and Zoning Board, or by the County Manager or designee.

(3)

The County Clerk shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

(4)

A majority of the voting members shall constitute a quorum.

(5)

Each decision of the Planning and Zoning Board must be approved by no less than three voting members.

(D)

Notice of Public Hearings. Section 10.09.00 addresses notice requirements.

(A)

Powers and Duties in the Areas of Development and Land Use Regulation.

(1)

Adopt and amend the Comprehensive Plan, including the map series.

(2)

Adopt and amend the Unified Land Development Code, including the Official Zoning Map.

(3)

Appoint members of the Planning and Zoning Board.

(4)

Determine the need for and appoint members of additional Boards, committees, and subcommittees to investigate and make recommendations or decisions on various land use/development issues.

(5)

Establish, by Resolution, fees for Comprehensive Plan Amendments, zoning actions, Site Development Plan reviews, Mining Major Special Exception Use reviews, Variances, Special Exceptions, Planned Unit Development, and other activities carried out under the provisions of this Code.

(6)

Make final decisions on requested changes to the Comprehensive Plan, Unified Land Development Code and Official Zoning Map, Planned Unit Developments, Special Exceptions and Mining Major Special Exceptions, Rezones, Temporary Special Use Permits, Variances, Development Agreements, Final Plats, vacation of plats, minor subdivisions, Site Development Plans included as part of an application for Planned Unit Development, Special Exceptions, Mining Major Special Exceptions, Rezoning, Temporary Special Use Permit, Variances and Development Agreements, and Appeals of an Administrative Decision.

(7)

Make final decisions on acceptance of public improvements constructed pursuant to the platting of approved subdivisions.

(8)

Take any other actions that it deems appropriate to implement the intent of this Code and the Comprehensive Plan.

The Hardee County Comprehensive Plan shall be amended by a recommendation from the Planning and Development Director or request by an interested party, and hearings with the Planning and Zoning Board, and the Board of County Commissioners, after due public notice consistent with Section 10.09.00.

This Code shall be amended by a recommendation from the Planning and Development Director or request by an interested party, and hearings with the Planning and Zoning Board, and Board of County Commissioners, after due public notice consistent with Section 10.09.00.

(A)

The districts listed in Article 3 and the boundaries thereof are shown upon the Official Zoning Map or series of maps of the County enacted as law immediately upon enactment of this Code and made a part thereof, such maps being designated as the Official Zoning Map of Hardee County. This map or maps and all notations, references, and other information properly inscribed thereon are hereby incorporated as a part of this Article.

(B)

The boundaries of such districts as are shown on the Official Zoning Map, together with all regulations in this Code that are applicable in such districts, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said map(s).

(C)

The Official Zoning Map may be amended at any time, with a recommendation by the Planning and Development Direct or request by an interested party, and hearings with the Planning and Zoning Board, and the Board of County Commissioners, after due public notice consistent with Section 10.09.00.

(D)

The Official Zoning Map may correct drafting and clerical errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the Code or any subsequent amendment thereto without duly noticed public hearings consistent with Section 10.09.00.

(E)

The Official Zoning Map series will be amended to reflect all approved changes in zoning classifications, land uses, Special Exceptions, variances, and any other relevant information pertaining to permitted uses or development standards in Hardee County after the effective date of the relevant Ordinance, Resolution, or Record of Decision. When any Official Zoning Map is replaced, the prior Map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(A)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(B)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(C)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(D)

Boundaries indicated as following shorelines shall be construed to follow the high-water line, and in the event of a lowering of the water level shall be construed as moving downward to the current water level.

(E)

Boundaries indicated as following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(F)

Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (E) above shall be so construed.

The legal description advertised for public hearing purposes on a zoning action or variance on any parcel of property shall override any and all of the above rules for interpretation of district boundaries.

Applicability. Where a public hearing is required pursuant to this Unified Land Development Code, the County shall provide a notice of public hearing in the manner set out in this Section.

(A)

Publication. The requirements for this type of notice shall be as follows:

(1)

Notice shall be published at least one time in the non-legal section (unless specified otherwise) of a newspaper of general circulation published in Hardee County, Florida, at least 10 days prior to the date of any required public hearing.

(2)

The notice of hearing shall state the date, time, and place of the meeting; the titles of the proposed ordinances or resolution or a description of the substance of the matter being considered; and the place within the County where the proposed ordinances or other materials may be inspected by the public. The notice shall also state 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 County Administration Building during the regular business hours of the County.

(4)

Notice for ordinances that change the actual list of permitted, permitted with conditions or prohibited uses, within a zoning category/district, or ordinances initiated by the County that change the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, shall be published at least 10 days prior to the planning and zoning board public hearing, again at least seven days prior to the first Board of County Commissioner's public hearing and again at least five days prior to the second Board of County Commissioner's adoption hearing. Public notice shall be provided as described in the following subsections:

(a)

The required advertisements shall be no less than two columns wide by 10 inches long in a standard size 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 County, 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 County is published less than five days a week.

(b)

The advertisement shall be in substantially the following form:

(c)

Except for amendments which change the actual list of permitted, permitted with conditions 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 or application. The map shall include major street names as a means of identification of the general area.

(d)

In lieu of publishing the advertisement set out in this Section, the County may mail a notice to each person owning real property within 300 feet of the property covered by the ordinance or application. Such notice shall clearly explain the proposed ordinance or application and shall notify the persons of the date, time and location of any public hearing on the proposed ordinance or application. The notice shall also inform the persons that the materials are available for inspection and of their opportunity to attend the meeting and be heard.

(5)

Ordinances initiated by other than the County that would 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 Board of County Commissioner hearings and shall be published at least 10 days before the planning and zoning board meeting, at least seven days before the first Board of County Commissioner hearing and again at least 10 days before the second Board of County Commissioner adoption hearing which shall be at least 10 days after the first hearing. At least one Board of County Commissioner's hearing shall be held after 5 p.m. on a weekday, unless the Board, by a majority plus one vote, elects to conduct that hearing at another time of day.

(6)

Notice of small-scale development amendments to the comprehensive land use plan, initiated by someone other than the County, shall be published at least 10 days before the planning and zoning board public hearing and again at least five days before the Board of County Commissioner's adoption hearing.

(7)

All comprehensive land use plan amendments, other than small-scale amendments, shall be published at least 10 days before the planning and zoning public hearing, and again at least seven days before the first Board of County Commissioner's meeting, and again at least five days before the Board of County Commissioner's 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.

(B)

Posting Property.

(1)

All specific property being considered at a public hearing shall be posted at least 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 10 contiguous acres. Such posting shall consist of a sign, the face surface of which shall not be larger than 576 square inches in area, with black lettering and shall contain the following language:

[NAME OF DECISION-MAKING BODY]

NOTICE OF PUBLIC HEARING

PHONE:

HEARING DATE:

HEARING TIME:

HEARING NUMBER:

ACTION REQUESTED:

ADDRESS:

INTERESTED PARTIES MAY APPEAR AT THE MEETING AND WILL BE GIVEN THE OPPORTUNITY TO BE HEARD ON THE MATTER.

(2)

The sign shall be erected in full view of the public on each street side of the subject property. Where large parcels of property are involved with street frontages extending over considerable distances, as many signs shall be erected on the street frontage as may be deemed adequate by the County staff to inform the public.

(3)

The sign shall be located within the boundaries of the subject property and visible from the street.

(4)

The height of such sign shall be erected to project not more than seven feet above the surface of the ground.

(5)

Failure to post specific property shall not affect any action or proceeding taken under the provisions of the Unified Land Development Code.

(C)

Mailed Notices.

(1)

A notice of public hearing affecting specific properties containing general information as to the date, time, place of the hearing, property location and general nature of the application may be mailed to the property owners whose addresses are known by reference to the latest ad valorem tax record, within a 300-foot radius. This notification requirement is measured in feet from the perimeter boundaries of the subject property. The expense of mailing notice shall be borne by the applicant.

The Planning and Development Department may require that an additional area receive a courtesy notice on any application. The planning and development department may also require courtesy notices on applications that are not typically required to be so noticed if it is determined that such notice is desirable.

(2)

Courtesy notices shall be mailed at least 10 days prior to the date of the public hearing.

(3)

When a proposed ordinance is initiated by the County that changes the actual zoning map designation for a parcel or parcels of land less than 10 acres, the Planning and Development Department shall notify, by mail, each real property owner whose land the County will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. In addition, the notice will be mailed to all owners of property within a 300-foot radius of the subject property. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a place and time for the public hearing on such ordinance. Such notice shall be given at least 10 days prior to the date of the planning and zoning board meeting and again at least 30 days prior to the date of the Board of County Commissioner's public hearing.

(4)

Notice of small-scale development amendments to the Future Land Use Map, initiated by the County, shall be mailed to each owner of record of the property subject to the amendment 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 10 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 Board of County Commissioner's public hearing.

(5)

Notice for ordinances that change the actual list of permitted, permitted with conditions or prohibited uses or special exceptions within a zoning category/use district, or ordinances initiated by the County that change the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, shall be mailed at least 10 days prior to the planning and zoning board public hearing, again at least seven days prior to the first Board of County Commissioner's public hearing and again at least five days prior to the second Board of County Commissioner's adoption hearing.

(6)

A copy of mailed notice shall be available for public inspection during the regular business hours of the County.

(7)

Failure to mail where required by the Unified Land Development Code or receive notice shall not affect any action or proceeding taken under the Unified Land Development Code. The applicant shall be required to provide a mailing list and labels of the area within the radius prescribed above to the County. The mailing list shall be accompanied by a map certified by a registered surveyor or engineer or sworn to by a person regularly in the business of providing such lists, indicating the property within a 300-foot radius of the subject property.

All resolutions, ordinances, and records involving permitted land uses, development regulations, and development approval are hereby declared to be public information and shall be maintained in an orderly fashion by the Planning and Development Division. Such materials shall be available for public inspection between the hours of 8:00 a.m. and 4:00 p.m. on weekdays at the office of the Planning and Development Division. Copies shall be made available at a price reflecting the County's reproduction costs.

A schedule of fees may be established by resolution of the Board of County Commissioners to cover the costs of technical and administrative activities required pursuant to these regulations. Unless specifically exempted by the provisions of these regulations or by the County Manager or designee based upon a showing of hardship, an applicant for any development that is subject to the regulations set out in this Code shall bear the costs stipulated within such fee schedule. An application shall not be deemed sufficient until all required fees have been paid.

All costs of advertising, mailing, and posting shall be borne by the applicant. For the purpose of the Planning and Zoning Board and Board of County Commissioner advertisements as set forth in this Section, the applicant shall pay a pro-rata share of the advertisement cost for each item submitted for review with any other applicant on the same agenda.