§ 2.4.2. Notice requirements.

The City Commission, the Planning and Zoning Board, and other Boards which are involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this Section. All costs incurred by the City for advertising, providing notice and recording of any documents shall be paid by the Applicant. [Amd. Ord. 25-07 8/21/07]

(A)

Public meeting requirements. The meetings of all Boards established in Article 2.2 shall be open to the public.

(1)

Notice and agenda required. An agenda shall be established for every meeting of each Board. The agenda shall be posted in the main lobby of the north wing of City Hall at least five working days prior to a regular meeting. The agenda for a special meeting shall be so posted at least 24 hours prior. A Board shall only consider items which have been duly placed upon a posted agenda with the exception of items which are deemed as an emergency and which are added to an agenda by a majority of the Board members.

(2)

Public information. Any background material or documentation which is provided to Board Members shall be available for public inspection at the north wing of City Hall at least 24 hours prior to the start of the meeting at which it is to be considered.

(3)

Discussion and disclosure. Board Members shall conduct themselves in accordance with the "Sunshine Laws" of the State of Florida with respect to discussion of items before the Board and to disclosure of conflicts of interest.

(B)

Public hearing requirements. The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. Where state law expressly sets forth notice requirements, notice provided in accordance with state law is sufficient to meet all legal notice requirements despite the additional requirements that may be also required as set forth below. [Amd. Ord. 78-04 1/18/05]

(1)

Notice. Public hearings shall be noticed as follows: [Amd. Ord. 78-04 1/18/05]

(a)

Annexations.

(1)

Non-voluntary. Notice requirements contained within applicable sections of Florida Statute Chapter 171 shall apply. [Amd. Ord. 2-95 1/17/95]

(2)

Voluntary. Notice requirements contained within applicable sections of Florida Statute Chapter 171 shall apply. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 2-95 1/17/95]

(b)

Privately-initiated rezoning. Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. Additional notice shall be given before the Planning and Zoning Board hearing in accordance with Section 2.4.2(B)(1)(j) (i), (ii), (iii) and (iv). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]

(c)

City-initiated rezoning. Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. Additional notice shall be given before the Planning and Zoning Board hearing in accordance with Section 2.4.2(B)(1)(j) (i), (ii), (iii) and (iv). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]

(d)

Principal, conditional or prohibited use changes to the text of the land development regulations. Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]

(e)

Conditional uses. The City shall provide notice of the public hearing before the Planning and Zoning Board in accordance with Section 2.4.2(B)(1)(j)(i), (ii), (iii) and (iv). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]

(f)

Variances before the Board of Adjustment. The City shall provide notice of the public hearing in accordance with Section 2.4.2(B)(1)(j) (i), (ii), and (iv). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]

(g)

Variances before the Historic Preservation Board. Notice shall be given in accordance with Section 2.4.2(B)(1)(j)(i), (ii) and (iv). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]

(h)

Amendments to the Comprehensive Plan. Notice requirements pursuant to Florida Statutes Chapter 163 shall apply. In addition, notice will be given in accordance with Section 2.4.2(B)(1)(j) (i), (ii), (iii) and (iv). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]

(i)

Right-of-way abandonments . A public hearing will be held before the Planning and Zoning Board. A notice of a public hearing shall be given in accordance with Section 2.4.2(B)(1)(j)(i), (ii), (iv), (v) and (vi). In addition, the notice shall describe the property to be abandoned and shall generally describe the obligations that will accrue to the property owners if the abandonment is approved. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 8-97 2/18/97]

(j)

Additional public notice. When a section of these Land Development Regulations requires additional notice pursuant to this section, the additional notice shall be sent in accordance with one or more of the following: [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 8-97 2/18/97]

(i)

Written notice to property owners within 500 feet of the perimeter of the property which is the subject of the development application, mailed no later than ten days prior to a public hearing. [Amd. Ord. 78-04 1/18/05]

(ii)

Notice posted on the City's web page at least ten days prior to the scheduled hearing. [Amd. Ord. 78-04 1/18/05]

(iii)

Notice posted by the City on the affected property by placing one placard visible from each adjoining right-of-way or on each street block face, at least seven days before the scheduled hearing. The placard shall be prepared by the City and shall identify the action to be considered and state the time and place of the hearing. The placard shall be removed by the City within five business days after the date the public hearing is held. Photographic documentation of the posted placard shall be placed in the file to document the posting of the placard. [Amd. Ord. 78-04 1/18/05]

(iv)

The notice posted at City Hall. [Amd. Ord. 78-04 1/18/05]

(v)

The notice mailed to adjacent property owners 20 days prior to the public hearing. [Amd. Ord. 78-04 1/18/05]

(vi)

Advertisement in the legal section of a newspaper at least ten days prior to the public hearing. [Amd. Ord. 78-04 1/18/05]

(k)

Concurrent notice. When it is necessary to provide a notice of a public hearing for multiple hearings before one or more bodies, said notice may be combined within a single notice. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 8-97 2/18/97]

(l)

Form of notice. Any notice for a public hearing shall, at a minimum, contain the following: [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 8-97 2/18/97]

(i)

Date and time of the public hearing, [Amd. Ord. 78-04 1/18/05]

(ii)

Location of the property which is the subject of the hearing, and [Amd. Ord. 78-04 1/18/05]

(iii)

Identification of the location of information about the subject of the public hearing. [Amd. Ord. 78-04 1/18/05]

(m)

Newspaper preference. There is no legislative preference pertaining to the publication of required notices provided that the newspaper is published at least five days per week. [Amd. Ord. 8-97 2/18/97]

(n)

Establishment of mailing list. Whenever notice is to be provided by a letter, the owners of property to be notified shall be considered to be those recorded on the latest official county tax roll. A list of such owners along with their mailing addresses shall be provided as a part of the development application and shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, the list is complete and accurate. The list shall be accompanied by a drawing showing all property lying within 500 feet of the property under consideration, and mailing labels that would include the property owners name and mailing addresses. [Amd. Ord. 8-97 2/18/97]

(o)

Change in project. During the course of processing, a development request, which requires public hearing notice, may be changed by the applicant without requiring renotice, provided that: [Amd. Ord. 8-97 2/18/97]

(i)

The change is not to a new zoning designation which is deemed as to accommodate more intensive use; or [Amd. Ord. 78-04 1/18/05]

(ii)

The change does not allow the introduction of a new type of use or another use which, in and of itself, is subject to a public hearing. [Amd. Ord. 78-04 1/18/05]

(2)

Conduct. The general conduct of a public hearing shall be in accordance with the rules adopted by the applicable board, or if none has been adopted, by the Rules of the City Commission. [Amd. Ord. 78-04 1/18/05]

(C)

Notice to external agencies and citizen groups. Notice of receipt of a development application shall be made to affected and interested groups as identified in this Subsection (C). Notice shall be provided in sufficient time to allow for review and comment prior to action. Upon request, a representative of the Planning and Zoning Department shall appear before such groups to provide information about the application.

(1)

City boards. City Boards shall be noticed as follows:

(a)

Downtown Development Authority. Notice of all development applications within its geographic limits.

(b)

Community Redevelopment Agency. Notice of all development applications within its geographic limits.

(c)

Historic Preservation Board. All development applications which involve property located within a Historic District or on a designated Historic Site and which are not acted upon by the Historic Preservation Board shall be referred to that Board in a timely manner so that a recommendation may be made prior to action by others on the application.

(2)

Other entities. Other governmental and regulatory bodies shall be noticed as follows:

(a)

Utility companies. Utility providers for gas, electricity, telephone, cable television, etc. shall be notified of the submission of a site plan or plat.

(b)

Adjacent units of government. Whenever a development application involves land use review or implements a development activity proposed within the Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, notice shall be provided pursuant to that unit of government.

(c)

Florida Department of Transportation (FDOT). Whenever a site plan involves property adjacent to a thoroughfare maintained by FDOT, FDOT shall be notified upon receipt of the development application and FDOT approval of any required improvements or connections to the thoroughfare shall be required prior to approval of a final plat or final engineering plans when a plat is not required.

(d)

Palm Beach County Traffic Division. Whenever a site plan involves property adjacent to a thoroughfare maintained by Palm Beach County, its Traffic Division shall be notified upon receipt of the development application and its approval of any improvements or connections to the thoroughfare shall be required prior to approval of a final plat or final engineering plans when a plat is not required.

In addition, whenever a proposed project will generate average daily traffic in excess of 200 trips, the required Traffic Study shall be forwarded to the County Engineer for review and comment prior to any consideration, by the approving body, of the associated development application. [Amd. Ord. 9-97 2/18/97]

(e)

Lake Worth Drainage District (LWDD). Whenever a proposed project is adjacent to LWDD facilities, the District shall be notified upon receipt of the development application for comments as to impact upon its facilities.

(3)

Neighborhood groups. The Planning and Zoning Department shall maintain a list of neighborhood groups which wishes to receive notice of development applications that require action by the Planning and Zoning Board, the Site Plan Review and Appearance Board, or the Historic Preservation Board. To be on the list, a neighborhood group must provide the name and address of a contact person; identification of the group; the types of items it wishes to be notified of; and its geographic area of interest. The Planning and Zoning Department shall notify such groups of appropriate development applications once such applications are set on a Board's agenda.