This ordinance may be amended by amending the text thereof, including that of the schedule of regulations adopted by Article IV, or by changing any district boundary shown on the zoning map adopted by Article IV, or by changing any district boundary shown on the zoning map adopted by Article III, by following the procedure specified in this article.

An amendment may be initiated by any of the following ways:

(1)

By a resolution of proposal to amend, adopted by the village council and thereupon referred to the planning and zoning board;

(2)

By a resolution to propose an amendment, adopted by the planning and zoning board;

(3)

By a written request from the village manager proposing an amendment;

(4)

District boundary changes to the zoning map may be initiated by a verified petition of the owner(s) of the property that is the subject of the proposed 739 rezoning, filed with the planning and zoning board in such form as the board 740 may require and accompanied by a fee of $500.00 plus an additional fee that 741 shall be administratively set and charged, based upon the approximate cost to 742 the village in processing the particular application and payable prior to the final 743 public hearing.

(5)

Whenever the village council has taken action to deny an application to amend the zoning map initiated by a petition of the owner(s) of the property, neither the village council or planning and zoning board shall consider a new application for a rezoning of all or any part of the same property for a period of one year from the date of such denial.

(Ord. No. 2023-02, § 2, 4-4-23)

(1)

Applicability. In every case where a public hearing is required pursuant to the zoning code, village staff shall provide a notice of public hearing in the manner set out in this section.

(2)

Publication. For the purposes of this section, "publication" or "publish" means to publish a legal notice in accordance with F.S. ch. 50. Publication may be achieved by one of the following: publication in a newspaper, on a publicly accessible website as detailed in F.S. ch. 50, or in any other manner so authorized by Florida Statutes, Miami-Dade County, or any other relevant authority.

The notice requirements, as specified above, for applications shall be as follows:

a.

Noticing Requirements.

i.

Notice shall be published at least once, no fewer than 20 days prior to the date of any required public hearing, unless otherwise specified in this section. The notice of hearing shall state the date, time, and place of the meeting; the titles of the proposed development orders, ordinances or resolutions or a description of the substance of the matter being considered; and the place within the village 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.

ii.

A copy of the notice shall be available for public inspection at village hall during the regular business hours of the village.

iii.

Failure to provide advertised notice as set forth in this section shall not affect any action or proceedings taken under this section, unless such notice is required by Florida Statutes. Further, minor errors in form or content that do not materially affect the notice's purpose shall not invalidate any action taken under this section.

b.

Noticing Requirements for Specific Applications.

(3)

Posting property.

a.

Property being considered at a public hearing shall display a sign ("posting") on the property at least 20 days prior to the public hearing to provide public notice. The posting shall have a face surface of at least 576 square inches, feature dark lettering, with a light background, and shall contain the following:

[NAME OF DECISION-MAKING BODY]

NOTICE OF PUBLIC HEARING

PHONE:________

HEARING DATE:________

HEARING TIME:________

HEARING NO.:________

ACTION REQUESTED:___________

ADDRESS:___________

The posting shall be erected in full view of the public on each street side of the subject property. For parcels with street frontages exceeding 300 linear feet, one sign shall be erected for every 300 feet of frontage, evenly spaced along the property line to ensure adequate public notice.

b.

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

c.

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

d.

In all applicant-initiated applications, the applicant shall be responsible for the posting as required by this subsection (3). The applicant shall also provide proof of posting by submitting a photograph to the planning, zoning, and resiliency department.

e.

Failure to post specific property shall not affect any action or proceeding taken under the provisions of the zoning code. Further, minor errors in form or content that do not materially affect the notice's purpose shall not invalidate any action taken under this section.

(4)

Mailed notices.

a.

General requirements.

i.

A notice of public hearing affecting the applications specified in this subsection (4), shall include the date, time, place of the hearing, property location and general nature of the application, shall be mailed in accordance with this subsection (4). The notification requirements included in this subsection shall be measured in feet from the perimeter boundaries of the subject property. Such notice shall be given at least 30 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 village council adoption public hearing, unless specified otherwise herein.

ii.

In all applicant-initiated applications, the applicant shall bear the cost of mailing written notices, in accordance with this subsection (4). The applicant shall also provide the village with an affidavit, in a form approved by the village attorney, listing the addresses to which the notices were sent.

iii.

Failure to mail, where required by the zoning code, or receive notice shall not affect any action or proceeding taken under the zoning code.

b.

Courtesy notices. The planning, zoning and resiliency department may require that an additional area receive a courtesy notice on any application. Courtesy notices may be mailed at least 30 prior to the date of a public hearing. The 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. In all applicant-initiated applications, the applicant shall bear the cost of mailing written notices, in accordance with this subsection (4) and shall provide the village with an affidavit, in a form approved by the village attorney, listing the addresses to which the notices were sent and including a certification of distance.

(Ord. No. 2023-02, § 2, 4-4-23; Ord. No. 2025-05, § 2, 6-17-25)

At the aforesaid hearing the planning and zoning board may require any applicant for an amendment to submit evidence in the form of affidavits in support of the application, failing in which, if so required, the application shall be denied. The planning and zoning board may also take evidence from sworn witnesses. As soon as may be after the hearing the planning and zoning board shall make a written report thereof to the village council, which report shall contain a statement of the petition, the evidence offered in support thereof, any evidence in opposition thereto, and the findings and recommendations of the board.

(Ord. No. 2023-02, § 2, 4-4-23)

Editor's note— Ord. No. 2023-02, § 2, adopted April 4, 2023, amended § 1003 and in doing so changed the title of said section from "Hearing and report of planning board" to "Hearing and report of planning and zoning board," as set out herein.

The report shall promptly be filed with the village clerk, who shall without delay notify the applicant in the case of an amendment initiated by petition. The village council shall hold a hearing on the proposed amendment. At such hearing the council may require any further affidavits and may take any further testimony that it may deem to be necessary for a full consideration of the proposed amendment.

After the conclusion of the aforesaid hearing the village council may make such disposition of the proposed amendment as the facts and circumstances warrant.