Atlantic Beach Notice of Public Hearings Sec 24-51

This is the entire Sec 24-51 of our codes requiring public notice.

What will be discussed at the July 22nd Town Hall Meeting deals with posting signs of a change in land use. That part is highlighted.

You can also go to the code by clicking here.

Sec. 24-51. - Notice of public hearings.

Notice of all public hearings required under these land development regulations shall be provided by the city manager or designee in accordance with the following provisions:

(a)    Amendments to the text of the adopted comprehensive plan, future land use map series, or site-specific comprehensive plan amendments:

(1)   Public hearings. The local planning agency and the local governing body each shall hold at least one (1) public hearing on a proposed amendment to the text of the adopted comprehensive plan, the future land use map series, or a site-specific comprehensive plan amendment, prior to transmittal of the proposed amendment to the state planning agency pursuant to F.S. § 163.3184. Upon receipt of written comments from the state planning agency, the local governing body shall hold at least one (1) additional public hearing to adopt the proposed amendment, adopt the amendment with changes, or not adopt the amendment.

Both the local planning agency and the local governing body public hearing held at the transmittal stage shall be held on a weekday at least ten (10) days after notice is published pursuant to the requirements specified in subsection (a)(2) below, and the local governing body public hearing held at the adoption stage shall be held on a weekday at least ten (10) days after the second notice is published pursuant to the requirements specified in subsection (a)(2) below.

(2)   Notice. All notices regarding the amendment process, including public hearings, for comprehensive plans shall be as required by F.S. § 163.3184 and § 166.041, unless otherwise specified.

a.     Published notice. At least ten (10) calendar days prior to each public hearing held by either the local planning agency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the public hearing.

The required published notice shall be no less than one-quarter (¼) page in a standard size or a tabloid size newspaper, and the headline of the notice shall be in a type no smaller than eighteen (18) point. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general paid circulation in the city and of general interest and readership in the community, not one of limited subject matter, pursuant to Chapter 50, Florida Statutes. Whenever possible, the notice shall appear in a newspaper that is published at least five (5) working days a week, unless the only newspaper in the city is published less frequently. The notice shall be in substantially the following form:

NOTICE OF CHANGE OF LAND USE

The City of Atlantic Beach proposes to change the use of land within the area shown in the map in this notice.

A public hearing on the proposal will be held on (date and time) at (place).

The notice shall also contain a geographic location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area. The notice shall also state the places within the boundary of the City of Atlantic Beach where the proposed amendment may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the transmittal or adoption of the amendment.

b.    Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of each public hearing to each real property owner whose land is subject to the amendment, and to all owners of real property within three hundred (300) feet of the periphery of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the proposed amendment as it affects that property owner and shall set a time and place for one or more public hearings on such amendment. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body.

c.    Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body.

(b)   Amendments to the text of the land development regulations including revisions to the list of permitted, conditional or prohibited uses within a zoning category or the official zoning map.

(1)   Public hearings. The local planning agency shall hold one (1) public hearing and the local governing body shall hold two (2) public hearings on a proposed amendment that changes the official zoning map, or that changes the text of the land development regulations, including revision to the list of permitted, conditional or prohibited uses within a zoning category.

The second public hearing before the local governing body shall be held approximately two (2) weeks after the first public hearing. The day, time, and place at which the second hearing before the local governing body will be held shall be announced at the first public hearing. The public hearings shall be held after 5:00 p.m. on a weekday.

Notice. All notices regarding the amendment process, including public hearings, for the official zoning map or the text of the land development regulations, including revision to the list of permitted, conditional, or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified.

a.     Published notice. At least ten (10) calendar days prior to each public hearing held by either the local planning agency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the public hearing.

The required published notice shall be no less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper, and the headline of the notice shall be in a type no smaller than eighteen (18) point. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general paid circulation in the city and of general interest and readership in the community, not one of limited subject matter. The notice shall state the date, time, place of the public hearing, the subject of the meeting, and the place or places within the boundaries of the city where the proposed amendment may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the amendment.

1.     Published notices for amendments to the official zoning map shall be in substantially the following form:

NOTICE OF ZONING CHANGE

The City of Atlantic Beach proposes to adopt Ordinance No. ____________ rezoning (changing the permitted use of) the land within the area shown in the map of this advertisement.

A public hearing on the rezoning will be held on (date and time) at (meeting place).

The notice shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

2.     Published notices for amendments to the text of the land development regulations that change the actual list of permitted, conditional, or prohibited uses within a zoning category shall be in substantially the following form:

NOTICE OF ZONING CODE (LAND DEVELOPMENT REGULATIONS) TEXT CHANGE

The City of Atlantic Beach proposes to adopt Ordinance No. ____________ amending the text of the zoning code (land development regulations). The amendment will affect the land located within the area shown in the map of this advertisement.

A public hearing on the proposed text change will be held on (date and time) at (meeting place).

The notice shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

3.     Published notices for amendments to the text of the land development regulations that do not change the actual list of permitted, conditional, or prohibited uses within a zoning category shall be advertised as follows. At least ten (10) calendar days but not more than thirty (30) calendar days in advance of each public hearing, the city manager or designee shall have published a notice of such hearing in a newspaper of general circulation in the city. The notice of public hearing shall state the date, time and place of the meeting, the application number or the title of the proposed ordinance, and the place or places where such application or proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application or proposed ordinance.

b.    Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of each public hearing to each real property owner whose land is subject to the amendment, and to all owners of real property within three hundred (300) feet of the periphery of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application or proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body.

c.    Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body.

(c)    Request for variance from or waiver of land development regulations.

(1)   Public hearings. The local planning agency shall hold one (1) public hearing on applications for variances from land development regulations, and the local governing body shall hold one (1) public hearing on applications for waivers of land development regulations.

(2)   Notice.

a.     Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or designee shall have published an advertisement giving notice of the public hearing in a newspaper of general circulation in the City of Atlantic Beach. The notice of the public hearing shall state the date, time and place of the public hearing, and the place where such application may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application.

b.    Mailed notice. At least fourteen (14) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of the public hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application and shall set a time and place for the public hearing. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body.

c.   Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body.

(d)   Request for use-by-exception.

(1)   Public hearings. The local planning agency and the local governing body shall each hold one (1) public hearing on use-by-exception applications.

(2)   Notice.

a.     Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or designee shall have published an advertisement giving notice of the public hearing in a newspaper of general circulation in the City of Atlantic Beach. The notice of the public hearing shall state the date, time and place of the public hearing, and the place where such application may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application.

b.    Mailed notice. At least fourteen (14) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of the public hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application and shall set a time and place for the public hearing. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body.

c.   Posted notice. At least fourteen (14) days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body.

(e)    Contest. If no aggrieved party contests the issue of proper notice within thirty (30) days of the city commission rendering its decision, then notice shall be deemed to be in compliance with this section.

(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-215, § 1, 11-13-12


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