Meetings of the planning and zoning board and board of adjustment are required to be open to the public. There is a difference, as noted in the city's "Citizen Participation Procedures In Conjunction with the Comprehensive Planning Program," between workshops, public hearings and public meetings, as well as a difference between meetings conducted by city staff and those conducted by the city advisory boards and city commission. This article incorporates the city's "Citizen Participation Procedures In Conjunction with the Comprehensive Planning Program" by reference and provides more specific requirements for hearing procedures and public notification.

1.

Before making a decisions on an appeal or an application for a variance, or special exception, or a petition from the land development regulation administrator for a determination the board of adjustment shall hold a public hearing on the appeal or application.

2.

Subject to 13.2(3), the public hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

3.

The board of adjustment may place reasonable and equitable limitation on the presentation of evidence and arguments and the cross examination of witnesses so that the matter at issue may be heard and decided without undue delay.

4.

The board of adjustment may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six calendar weeks or more elapses between hearing dates.

1.

Before making a recommendation or decision on an application for a certain specified special use permits (see article 14 of these land development regulations), amendment of the zoning atlas or an amendment to the text of these land development regulations the planning and zoning board or the city commission as the case may require shall hold a public hearing on the application.

2.

Subject to 13.2(3), the public hearing shall be open to the public, and all persons interested in the outcome of the application shall be given an opportunity to be heard.

3.

The planning and zoning board or city commission, as the case may be, may place reasonable and equitable limitation on any discussion or presentation so that the matter at issue may be heard and decided without undue delay.

4.

The planning and zoning board or the city commission, as the case requires, may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six calendar weeks or more elapses between hearing dates.

13.4.1.

The land development regulation administrator shall give notice of any public hearing required by section 13.2 and 13.3 as follows:

1.

An application for an amendment to these land development regulations, the official zoning atlas or a request for special exception, or variance requiring a public hearing before the planning and zoning board or board of adjustment shall be noticed once in a newspaper of general circulation in the area with the publication at least ten days prior to the hearing.

2.

An application for a special permit requiring a public hearing before the city commission shall be noticed once in a newspaper of general circulation in the area with the publication at least ten days prior to the hearing.

3.

An amendment to these land development regulations, including the official zoning atlas, requiring a public hearing before the city commission shall be noticed in accordance with the requirements of F.S. § 166.041.

4.

In addition to the above stated notice requirements, all rezoning, special exception and variance public hearings before the planning and zoning board and board of adjustment, as applicable, shall also be noticed by prominently posting a sign clearly visible to the public on the property that is the subject of the proposed action. Such sign shall be posted not less than ten days prior to the public hearing.

In addition, the property owners of record on file at the county property appraiser's office of properties within 400 feet of the subject property shall be notified by the mailing of a notification of the public hearing to be conducted by the planning and zoning board. Such notice shall include the date, time and place of the public hearing, reasonably identify the property that is the subject of the application or appeal, give a brief description of the action requested or proposed, state the place where a copy of the proposed action may be inspected by the public, and advise that interested parties may appear at the public hearing(s) and be heard regarding the proposed action. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Land Development Regulations Administrator shall prepare a list of land owners to whom notice was mailed based upon the ad valorem tax records and registrants and shall certify by signature that the notice, meeting the content requirements of section 13.4, was mailed. The signed list shall be conclusive proof that notice has been given in accordance with the terms of this section. A copy of the mailed notice shall be maintained in the office of the Land Development Regulations Administrator for public inspection during normal business hours. The notice shall be mailed at least ten days prior to the public hearing.

The notices required by this section shall:

(a)

State the date, time and place of the public hearing;

(b)

Reasonably identify the property that is the subject of the application or appeal;

(c)

Give a brief description of the action requested or proposed;

(d)

State the place where a copy of the proposed action may be inspected by the public; and

(e)

Advise that interested parties may appear at the public hearing(s) and be heard regarding the proposed action.

(Ord. No. 2009-28, § 1, 12-15-2009)