§ 19-66. Notice provisions for matters pertaining to comprehensive planning.

(a)

Intent and purpose. State statutory, preemptive law provides minimum, mandatory notice requirements for certain types of planning and zoning board and city council public hearings. It is the intent of this section to supplement the preemptive state statutory notice provisions. The provisions of subsections (b)(1) and (2), are directory as opposed to mandatory, and as such, a failure to comply with the provisions of this section shall not affect the validity of the measures. While the provisions of subsection (b)(3) are not directory, a failure to comply with such provisions shall not affect the validity of the measure if substantial compliance is achieved. The planning and zoning board or city council may require additional, reasonable notice prior to completing consideration of a matter.

(b)

Notice.

(1)

Whenever the planning and zoning board considers at public hearing(s) an amendment to a land development regulation, as defined in F.S. § 163.3213(2)(b), (1993), or its successor, the city clerk should advertise at least one (1) public hearing by placing a notice in a newspaper of general circulation within the city, one (1) time approximately ten (10) calendar days prior to the planning and zoning board meeting. In addition, the city clerk should post the agenda for at least one (1) public hearing at which the amendment is to be considered for at least three (3) calendar days prior to the hearing. Notwithstanding anything to the contrary, the provisions of this subsection (1) applies only to amendments which are not initiated by the city. The notifications provisions set forth above may be all completed for one (1) public hearing, or some of the provisions may be completed for one (1) public hearing and other provisions may be completed for a different public hearing.

(2)

Whenever the planning and zoning board or city council considers at public hearing(s) changing the future land use plan designation (or an assignment of flexibility) for a specific parcel of property, or whenever the planning and zoning board considers at public hearing(s) an application to change the zoning map designation of a specific parcel of property, then the city clerk should mail a notice of at least one (1) public hearing by first class mail to all owners of property, as their names and addresses are disclosed by the most recent county ad valorem real property tax roll, within three hundred (300) feet of the parcel for which such amendment is considered. This notice should be mailed by the city clerk at least fourteen (14) calendar days before at least one (1) public hearing at which the item is to be considered. In addition, the city clerk shall post the agenda for the meeting outside of city hall at least three (3) days prior to at least one (1) public hearing at which the item is to be considered. Notwithstanding anything to the contrary, this subsection (2) applies only to a change in a land use plan designation, assignment of flexibility, or zoning map designation which is not initiated by the city. The notifications provisions set forth above may be all completed for one public hearing, or some of the provisions may be completed for one public hearing and other provisions may be completed for a different public hearing.

(3)

Whenever the planning and zoning board considers at public hearing(s) an application for a use variance then the city clerk shall mail a notice of at least one (1) public hearing by first class mail to all owners of property, as their names and addresses are disclosed by the most recent county ad valorem real property tax roll, within three hundred (300) feet of the parcel for which such use variance is proposed. This notice shall be mailed by the city clerk at least fourteen (14) calendar days before at least one (1) public hearing at which the item is to be considered. In addition, the city clerk shall post the agenda for the meeting outside of city hall at least three (3) calendar days prior to at least one (1) public hearing at which the item is to be considered. This subsection (3) applies regardless of whether the application is initiated by the city. The notifications provisions set forth above may be all completed for one (1) public hearing, or some of the provisions may be completed for one (1) public hearing and other provisions may be completed for a different public hearing.

(4)

Whenever the planning and zoning board considers at public hearing an application to assign or utilize the city's comprehensive planning flexibility, regardless of whether the application is or is not initiated by the city, "public notice" as defined by F.S. § 163.3164, (2002), shall be required.

(5)

Whenever the city governing body considers an ordinance assigning or utilizing the city's comprehensive planning flexibility, the ordinance shall be advertised in accordance with F.S. § 166.041(3)(9c), (2002), if the application is not initiated by the city. If the application is initiated by the city, the ordinance shall be advertised in accordance with F.S. § 166.041(3)(a), (2002).

(c)

Initiated by the city means a matter which is considered either (1) as the result of action by the citizens of Plantation pursuant to section 25 of the City Charter, or (2) as the result of an application being signed by the director of planning, zoning and economic development for the improvement of city property or for purposes of economic development or redevelopment, or (3) which is expressly sponsored by the director of planning, zoning and economic development for the improvement of city property or for purposes of economic development or redevelopment where a specific application is not needed.

(Code 1964, § 18½-9; Ord. No. 1959, § 4, 9-22-93; Ord. No. 1962, § 1, 9-29-93; Ord. No. 2004, § 4, 11-16-94; Ord. No. 2222, § 1, 5-31-2000; Ord. No. 2282, § 1, 9-25-2002; Ord. No. 2297, §§ 2, 3, 4-23-2003)

State law reference

Adoption of plan, F.S. § 163.3184; amendment of plan, F.S. §§ 163.3184, 163.3187.