§ 23-241. Public notice requirements.  

Effective on Wednesday, September 3, 2014
  • Sec. 23-241.1 General requirements.

    a. Where relevant public notice requirements are specifically provided by Florida Statutes, such notice provisions shall control. Public notice requirements are provided by Florida Statutes for the following:

    1. Development of regional impact. F.S. § 380.06.

    2. Annexation. F.S. § 171.0413 and F.S. § 171.044, as applicable.

    3. Zoning map amendment. F.S. § 166.041.

    4. Text amendment to zoning, land use, and development regulations. F.S. § 166.041.

    5. Comprehensive plan amendment. F.S. § 163.3184 and F.S. § 163.3187, as applicable.

    b. Where public notice requirements are not specifically provided by Florida Statutes, the public notice requirements of this section shall apply wherever a public hearing is required by this chapter. Public hearings are required for:

    1. Planned development project approval.

    2. Special exception use permit.

    3. Variance.

    4. Vacation of public right-of-way or public easement.

    5. Vacation of subdivision plat.

    6. Appeal of decision or interpretation by the administrative official, planning and zoning board, or historic regulatory board.

    Sec. 23-241.2 Public hearings.

    a. Newspaper advertisement. The administrative official shall publish an advertisement no less than ten (10) days before each public hearing in a newspaper of general circulation in Polk County. The notice shall include the following information:

    1. The time and place of the public hearing;

    2. A description of the subject property or site location;

    3. The purpose of the public hearing;

    4. That persons may appear and be heard;

    5. That written comments filed with the administrative official will be heard and considered;

    6. The location where the public may review the file on the matter to be heard.

    7. That the hearing may be continued from time to time as necessary;

    8. That if any person determines to appeal any decision made by the city commission or board conducting the public hearing, as applicable, with respect to any matter considered at this public hearing, such person will need a record of the proceedings for that purpose and will need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which any appeal is to be based.

    b. Written notice.

    1. No less than ten (10) days before a public hearing for a special exception use permit or a variance, the administrative official shall mail a notice by first class mail to owners of all lands within three hundred (300) feet in any direction of the applicant property. The notice shall be in the same form as that specified in paragraph (a) and shall be mailed to the owners at their current address of record as shown on the latest ad valorem tax records. In the event that the owners are members of a condominium association, notice shall be mailed to the condominium association in lieu of individual notices.

    2. A notice of the public hearing shall be posted in the municipal administration building in the place designated for public notices.

    c. Notice of multiple public hearings at a single public meeting. If more than one (1) public hearing is scheduled for a single public meeting, notice of each public hearing may be combined in a single newspaper advertisement at the discretion of the administrative official.

    Sec. 23-241.3 Cost of public notice.

    a. The applicant shall pay the cost of public notice for any public hearing required in connection with an application at the time of filing such application. However, notice of public hearing resulting from staff-initiated zoning actions or annexations will be paid by the city.

    b. No action shall be taken by the city commission or a city board, as applicable, on any application until all required costs of public notice have been paid in full by the applicant.

(Ord. No. 2014-08, § 3, 09-03-14)