4.00.01 [Purpose.] The purpose of this article is to delineate procedures for public participation in these matters concerning comprehensive planning or land use coming before the city council, local planning agency or advisory committee appointed by the city council at regularly scheduled or special meetings and workshops.

4.00.02 [Terms.] The term "citizen participation" and "public participation" are synonymous and apply to affected persons, substantially affected persons and aggrieved or adversely affected parties as defined in Florida Statutes, sections 163.3184(1), 163.3213 (2)(a) and 163.3215(2), respectively.

(a)

All public hearings and public meetings held to consider any comprehensive planning or land use matter coming before the city council shall be held after 5:30 p.m. Monday through Friday. Workshops may be held at other times deemed appropriate.

(b)

The appropriate staff members will advertise twice in a newspaper of general paid circulation, interest and readership within the city, that a public hearing or public meeting, as the case may be, will be held to consider any of the matters deemed appropriate. The advertisement will include an identification of who is holding the hearing, meeting or workshop, as well as the date, time, place and general subject of the hearing, meeting or workshop and the location where copies of the proposed matter may be reviewed. The advertisement will encourage the public to provide written and/or verbal comments on the matters under consideration. Workshops may be held without advertising, provided a public announcement is made at a public meeting of the local planning agency. Nothing herein is intended to alter or obviate the requirements of Florida Statutes Section 163.3184.

(c)

The first publication shall appear not less than fourteen (14) days prior to the date of the hearing, meeting or workshop and the second publication shall appear not less than five (5) days prior to the hearing, meeting or workshop.

(d)

A notice of all such public hearings, public meetings, and workshops concerning comprehensive planning or land use will be posted in a conspicuous place in city hall at least seven (7) days prior to the hearing, meeting or workshop. Notice will also be given to the appropriate media representatives at least twenty-four (24) hours before all public hearings, public meetings and workshops. Workshops may be held without the notice, provided a public announcement is made at a public meeting of the local planning agency or city council.

(e)

A notice will also be provided of any public hearing, public meeting, or workshop, to any group, agency or government that registers with the city to receive such notice at least fourteen (14) days prior to the hearing, meeting or workshop. The group, agency or government receiving such notice shall be responsible to notify their membership of the particulars involved. Workshops may be held without the notice, provided a public announcement is made at a public meeting of the local planning agency or city council.

(a)

The local planning agency's public hearing and public meeting regarding any matter shall be conducted so as to encourage and afford members of the public reasonable opportunity to present their views on any matter under consideration. The chairman may, at his or her discretion, rule out-of-order public moments deemed repetitious or not germane to the matter under discussion. An agenda for the meeting shall be posted in or near the meeting room and generally available to those in attendance.

(1)

The sequence of activities at such planning agency's meeting regarding the matters under consideration shall be as follows:

a.

Announcement of the matter for consideration by the chairman with the reading of any required public notice by the chairman or his designee.

b.

Presentation of staff reports/comments, if any, whether written or verbal. Written staff reports, if prepared, shall be provided to the local planning agency, applicable agencies, media, proponents and any group registered pursuant to section 4.01 (e) in sufficient time to permit adequate review.

c.

Receipt of comments from the proponents and opponents of the matter in as nearly equal proportions as possible. All speakers may be required to fill out address cards so that an accurate record of participants can be maintained.

d.

Local planning agency discussion, debate and recommendation by majority vote prior to considering the next matter or adjournment.

(2)

The local planning agency shall transmit its written recommendation on each matter decided to the city council as soon as possible. Included in this recommendation shall be a response to the substantive public comments received during consideration of the matter.

(3)

The local planning agency shall conclude consideration of the agenda no later than 11:00 p.m. No agenda item may be initiated after 10:30 p.m. unless a majority vote agrees to do so. Agenda items not considered at this date will be placed first on the agenda for the next available date that meets applicable notice requirements.

(4)

As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public records laws of the state.

(a)

After the local planning agency makes a recommendation regarding any matter described, the city council shall hold at least one (1) public hearing to consider the recommendation. The hearing may be continued to an announced time certain upon a majority vote. An agenda for the hearing shall be posted in, or near, the meeting room and be generally available to those in attendance.

(b)

The city council public hearing shall encourage and afford members of the public reasonable opportunity to present their views on any matter under consideration. The chairman may, at his or her discretion, rule out-of-order public comments deemed repetitious or not germane to the matter under discussion.

(c)

The sequence of activities regarding matters under consideration shall be as follows:

(1)

Announcements of the matter for consideration by the chairman with the reading of any public notice by the chairman or his designee.

(2)

Presentation of staff reports/comments, if any, whether written or verbal. Written staff reports, if prepared, shall be provided to the city council, applicable agencies, proponents and any group registered pursuant to section 4.01. The recommendation of the local planning agency shall also be presented in written form.

(3)

Receipt of comments from the proponents and opponents of the matter in as nearly equal proportions as possible. All speakers may be required to fill out address cards so that an accurate record of participants can be maintained.

(4)

Close public input except for direct questions as may be initiated by the members of the city council.

(5)

City council discussion, debate and approval, adoption or enactment, as appropriate for the specific matter, by majority vote prior to considering the next matter or adjournment.

(d)

The city council shall conclude consideration of the agenda no later than 11:00 p.m. No agenda item may be initiated after 10:30 p.m. unless [there is] a majority vote to do so. Agenda items not considered at this hearing will be placed first on the agenda of the next date available that meets applicable notice requirements.

(e)

As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public records laws of the state.

(a)

The city council may, from time to time, appoint advisory committees to participate in the matters subject to public meeting requirements of the local planning agency. Workshops conducted by the advisory committee are open to the public.