§ 10.03.06. Public Notice and Required Hearings for Land Use Petitions

This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions.

A.

Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment.

1.

The following advertised public hearings are required:

a.

One Planning Commission hearing.

b.

One BCC hearing.

2.

The following notice procedures are required:

a.

Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66.

B.

Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use . For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.:

1.

The following advertised public hearings are required:

a.

One Planning Commission hearing.

b.

One BCC or BZA hearing.

2.

The following notice procedures are required:

a.

A NIM. See LDC section 10.03.05 A.

b.

Mailed Notice prior to the first advertised public hearing.

c.

Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66.

d.

Posting of a sign prior to the first advertised public hearing.

e.

For a rezoning or a PUD amendment the County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearing before the BCC or BZA.

C.

Minor conditional use .

1.

The following advertised public hearings are required:

a.

One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to 10.03.06 B.

2.

The following notice procedures are required:

a.

A NIM. See LDC section 10.03.05 A.

b.

Mailed Notice prior to the advertised public hearing.

c.

Newspaper Advertisement prior to the advertised public hearing.

d.

Posting of a sign prior to the advertised public hearing.

D.

PUD extension, conditional use extension, or conditional use re-review:

1.

The following advertised public hearings are required:

a.

One BZA or Hearing Examiner hearing.

2.

The following notice procedures are required:

a.

Mailed Notice prior to the advertised public hearing.

b.

Newspaper Advertisement prior to the advertised public hearing.

c.

Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re-review.

E.

Ordinance or resolution for comprehensive plan amendments:

1.

The following advertised public hearings are required:

a.

One or more Planning Commission hearings pursuant to F.S. Chapter 163.

b.

One or more BCC hearings pursuant to F.S. Chapter 163.

2.

The following notice procedures are required:

a.

Small scale amendments:

i.

A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission hearing.

ii.

Mailed Notice prior to the advertised Planning Commission hearing.

iii.

Newspaper Advertisement prior to each advertised public hearing.

iv.

Posting of a sign prior to the advertised Planning Commission hearing.

v.

Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing.

b.

Regular scale amendments:

i.

A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission adoption hearing for a site specific amendment.

ii.

Mailed Notice prior to the advertised Planning Commission hearing for a site specific amendment.

iii.

Newspaper Advertisement prior to each advertised public hearing.

iv.

Posting of a sign prior to the advertised Planning Commission hearing for a site specific amendment.

v.

Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing.

F.

Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08:

1.

The following advertised public hearings are required:

a.

One Planning Commission or Hearing Examiner hearing.

b.

If heard by the Planning Commission, one BZA hearing.

2.

The following notice procedures are required:

a.

An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County.

b.

Mailed Notice prior to the advertised public hearing.

c.

Newspaper Advertisement prior to each advertised public hearing.

d.

Posting of a sign prior to the first advertised public hearing.

G.

Parking exemption, pursuant to LDC section 4.05.02 K.3:

1.

The following advertised public hearing is required:

a.

One Planning Commission or Hearing Examiner hearing.

b.

If heard by the Planning Commission, one BZA hearing.

2.

The following notice procedures are required:

a.

An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County.

b.

Mailed Notice prior to each advertised public hearing. .

c.

Newspaper Advertisement prior to the advertised public hearing.

d.

Posting of a sign prior to the first advertised public hearing.

H.

PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation:

1.

The following advertised public hearings are required:

a.

One Planning Commission or Hearing Examiner hearing.

2.

The following notice procedures are required:

a.

For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued.

b.

Mailed Notice prior to the advertised public hearing.

c.

Newspaper Advertisement prior to the advertised public hearing.

d.

Posting of a sign prior to the advertised public hearing.

I.

Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact (DRI):

1.

The following advertised public hearings are required:

a.

One Planning Commission hearing.

b.

One BCC hearing.

2.

The following notice procedures are required:

a.

In accordance with F.S. § 380.06 and the Florida Administrative Code.

J.

Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone.

1.

The following advertised public hearings are required:

a.

One Planning Commission hearing.

b.

One BCC hearing.

2.

The following notice procedures are required:

a.

Mailed Notice prior to the first advertised public hearing.

b.

Newspaper Advertisement prior to each advertised public hearing. The advertisement for the Planning Commission hearing shall include a project location map.

c.

Posting of a sign prior to the first advertised public hearing.

d.

The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearings before the BCC.

K.

Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment:

1.

The following advertised public hearings are required:

a.

At least one Planning Commission hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings. If there is only one Planning Commission hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings, then at least one of the hearings shall be held after 5:00 p.m. on a weekday.

b.

At least two BCC hearings. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day.

2.

The following notice procedures are required:

a.

Newspaper Advertisement prior to Planning Commission hearing including a project location map.

i.

The first Planning Commission hearing shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place of a second public hearing shall be announced at the first public hearing.

b.

Newspaper Advertisement prior to the BCC hearings in accordance with F.S § 125.66 (4) including a project location map.

i.

In lieu of the newspaper advertisement, the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC.

ii.

The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

L.

Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments:

1.

The following advertised public hearings are required:

a.

One BCC hearing.

2.

The following notice procedures are required:

a.

Newspaper Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1.

M.

Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments.

1.

The following advertised public hearings are required:

a.

SRA designation or SRA substantial change:

i.

One EAC hearing, if required.

ii.

One Planning Commission hearing.

iii.

One BCC hearing.

b.

SRA insubstantial change:

i.

One Planning Commission or Hearing Examiner hearing.

ii.

If heard by the Planning Commission, one BCC hearing.

2.

The following notice procedures are required:

a.

SRA designation or SRA substantial change:

i.

A NIM. See LDC section 10.03.05 A.

ii.

Mailed Notice prior to the first advertised public hearing.

iii.

Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66.

iv.

Posting of a sign prior to the first advertised public hearing.

v.

Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised BCC public hearing.

b.

SRA insubstantial change:

i.

A NIM. See LDC section 10.03.05 A.

ii.

Mailed Notice prior to the advertised public hearing.

iii.

Newspaper Advertisement prior to the advertised public hearing.

iv.

Posting of a sign prior to the advertised public hearing.

v.

Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised public hearing.

N.

Ordinance or resolution for a mixed use project (MUP) located in the mixed use district overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15:

1.

The following advertised public hearings are required:

a.

One Planning Commission hearing.

b.

One BCC hearing.

2.

The following notice procedures are required.

a.

A NIM. See LDC section 10.03.05 A.

b.

Mailed Notice prior to the first advertised public hearing.

c.

Newspaper Advertisement prior to each advertised public hearing.

d.

Posting of a sign prior to the first advertised public hearing.

O.

Affirmation or approval of a Zoning Verification Letter that allows a new use that is comparable, compatible, and consistent within a PUD.

1.

The following advertised public hearings are required:

a.

One BCC or Hearing Examiner hearing.

2.

The following notice procedures are required:

a.

Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66.

P.

Official Interpretations, pursuant to LDC section 1.06.00.

1.

The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan, Land Development Code and the building code:

a.

Newspaper Advertisement.

2.

The following notice procedures are required for the interpretation affecting a specific parcel of land.

a.

Notification of affected property owner. Where a site specific official interpretation has been requested by a party other than the property owner, the County shall notify the property owner that an official interpretation has been requested.

b.

For site specific official interpretations, Mailed Notice shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested.

c.

Newspaper Advertisement.

Q.

Appeal of an Official Interpretation, pursuant to LDC section 1.06.00.

1.

The following advertised public hearings are required:

a.

One BZA or Hearing Examiner hearing.

2.

The following notice procedures are required:

a.

Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66.

R.

Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F.

1.

The following advertised public hearings are required:

a.

One Planning Commission or Hearing Examiner hearing.

b.

If heard by the Planning Commission, one BZA hearing.

2.

The following notice procedures are required:

a.

Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66.

b.

Mailed Notice prior to the advertised public hearing.

S.

Post Take Plan , pursuant to LDC section 9.03.07 D.

1.

The following notice procedures are required:

a.

Mailed Notice. Additional Mailed Notice details are established in LDC 9.03.07 D.3.b.

b.

If a Planning Commission or Hearing Examiner hearing is required, a Newspaper Advertisement.

2.

The following advertised public hearings may be required:

a.

If a written objection is received, one Planning Commission or Hearing Examiner hearing.

T.

Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c.

1.

The following notice procedures are required:

a.

Mailed Notice, sent by the applicant.

2.

The following advertised public hearings may be required:

a.

If a written objection is received, one BCC or Hearing Examiner hearing.

U.

Automobile Service Station Waiver pursuant to 5.05.05 and Alcohol Beverage Distance Waiver pursuant to 5.05.01.

1.

The following advertised public hearings are required:

a.

One BZA or Hearing Examiner hearing.

2.

The following notice procedures are required:

a.

For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal.

b.

Newspaper Advertisement prior to the advertised public hearing.

V.

Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.5.

1.

The following advertised public hearings are required:

a.

One Hearing Examiner or BZA hearing.

2.

The following notice procedures are required:

a.

Mailed Notice prior to the advertised public hearing.

b.

Newspaper Advertisement prior to the advertised public hearing.

c.

Posting of a sign prior to the advertised public hearing.

W.

Intent to Convert, pursuant to LDC section 5.05.15 C.1.

1.

The following notice procedures are required:

a.

Mailed notice sent by the applicant after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property.

b.

Posting of a sign after Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting.

X.

Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3.

1.

The following notice procedures are required:

a.

Newspaper advertisement at least 15 days prior to the Stakeholder Outreach Meeting.

b.

Mailed notice sent by the applicant at least 15 days prior to the required Stakeholder Outreach Meetings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. This mailed notice may include both required Stakeholder Outreach Meeting dates. All mailed notices shall include the web address to participate in the required web-based visual survey.

Y.

Compatibility Design Review, pursuant to LDC section 5.05.15 F.

1.

The following advertised public hearings are required.

a.

One Planning Commission hearing.

b.

One BCC hearing.

2.

The following notice procedures are required:

a.

Newspaper advertisement at least 15 days prior to the advertised public hearing.

b.

Mailed notice sent by the applicant at least 15 days prior to the required public hearings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property.

(Ord. No. 13-56, § 3.UU; Ord. No. 14-33, § 3.CC; Ord. No. 15-44, § 3.M; Ord. No. 17-10, § 3.E)