TABLE 155.2305.C: PUBLIC HEARING NOTICE REQUIREMENTS 1

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TABLE 155.2305.C: PUBLIC HEARING NOTICE REQUIREMENTS 1 CC = City Commission ZBA = Zoning Board of Appeals P&Z = Planning and Zoning Board AAC = Architectural Appearance Committee HPC = Historic Preservation Committee
Application Type	Notice Requirement
	Timing of Published Notices	Mailed Notices
		Timing	Recipients
Comprehensive Plan Map Amendment (large scale and small scale)	•   Publish newspaper notice at least 10 days before the P&Z Board hearing date. •   Publish newspaper notice at least 7 days before the City Commission Transmittal hearing date. •   Publish newspaper notice at least 5 days before the Adoption hearing date.	•   Mail notice of the P&Z public hearing at least 10 calendar days before the hearing date (per City Code § 154.08(C)(1)	•   Applicant •   Owner(s) of land subject to the application •   Owners of real property within 500 ft of the parcel(s) subject to the application4 •   Local planning agency of the adjacent municipality, if its jurisdictional boundary lies within 500 ft of the parcel(s) subject to the application
Residential and Nonresidential Flexibility Allocations	•   Publish newspaper notice at least 5 calendar days before the P&Z hearing per § 154.61(C)(3). •   Publish newspaper notice at least 10 calendar days before the City Commission hearing per § 154.61(C)(4).	•   Mail notice of the P&Z public hearing at least 6 business days before the hearing date (per City Code § 154.61(C)(3) •   Mail notice of the City Commission public hearing at least 10 calendar days before the hearing date (per City Code § 154.61(C)(4)	•   Applicant •   Owner(s) of land subject to the application •   Owners of real property within 500 ft of the parcel(s) subject to the application4 •   Local planning agency of the adjacent municipality, if its jurisdictional boundary lies within 500 ft of the parcel(s) subject to the application
Text Amendment proposing to revise Use Table	•   Publish notice of the first CC public hearing at least 7 calendar days before the hearing date •   Publish notice of the second CC public hearing at least 5 calendar days before the hearing date
Text Amendment proposing any other changes	Publish notice of the CC public hearing at least 10 calendar days before the hearing date
City-initiated General Zoning Map Amendment (Rezoning) proposing to reclassify parcel(s) involving 10 or more contiguous acres	•   Publish notice of the first CC public hearing at least 7 calendar days before hearing date •   Publish notice of the second CC public hearing at least 5 calendar days before the hearing date
City-initiated Site -Specific Zoning Map Amendment (Rezoning) proposing to reclassify parcel(s) involving 10 or more contiguous acres
City-initiated General Zoning Map Amendment (Rezoning) proposing to reclassify parcel(s) involving less than 10 contiguous acres	•   Publish notice of the P&Z public hearing at least 5 calendar days before the hearing date •   Publish notice of the CC public hearing at least 10 calendar days before the hearing date	•   Mail notice of the P&Z public hearing at least 6 business days before the hearing date •   Mail notice of the first CC public hearing at least 30 calendar days before the hearing date	•   Applicant •   Owner(s) of land subject to the application •   Owners of real property within 500 ft of the parcel(s) subject to the application 4 •   Local planning agency of the county or adjacent municipality, if its jurisdictional boundary lies within 500 ft of the parcel(s) subject to the application
City-initiated Site -Specific Zoning Map Amendment (Rezoning) proposing to reclassify parcel(s) involving less than 10 contiguous acres
General Zoning Map Amendment (Rezoning) initiated by other than the city		•   Mail notice of the P&Z public hearing at least 6 business days before the hearing date •   Mail notice of the first CC public hearing at least 10 calendar days before the hearing date
Site -Specific Zoning Map Amendment (Rezoning) initiated by other than the city
Planned Development
Special Exception	Publish notice of the public hearing at least 5 calendar days before the hearing date	Mail notice of the public hearing at least 6 business days before the hearing date
Variance
Major Administrative Adjustment
Major Certificate of Appropriateness
Major Temporary Use Permit		Mail notice of the public hearing at least 6 business days before the hearing date	•   Applicant •   Owner(s) of land subject to the application •   Owners of real property within 500 ft of the parcel(s) subject to the application 5 •   Local planning agency of the county or adjacent municipality, if its jurisdictional boundary lies within 500 ft of the parcel(s) subject to the application
Interim Use Permit
Appeal  2
Placement on Local Register of Historic Places		Mail notice of the public hearing at least 10 calendar days before the hearing date	•   Applicant •   Owner(s) of land subject to the application
Development Agreement	•   Publish notice of the P&Z public hearing at least 7 calendar days before the hearing date; •   Publish notice of the CC public hearing at least 7 calendar days before the hearing date	Mail notice of the P&Z public hearing at least 7 calendar days before the hearing date3	•   Applicant •   Owner(s) of land subject to the application •   Owners of real property abutting the parcel(s) subject to the application 4 •   Local planning agency of the county or an adjacent municipality, if its jurisdictional boundary abuts the parcel(s) subject to the application
Takings or Vested Rights Determination [placeholder]
Right-of-Way or Easement Abandonment	Publish notice of the CC public hearing at least 10 calendar days before the hearing date	Mail notice of the P&Z public hearing at least 10 calendar days before the hearing date	•   Applicant •   Owners of real property abutting the portion of a right-of-way or easement subject to the application or that would lose a means of vehicular access as a result of the proposed abandonment4
NOTES: 1. This table depicts only those applications for a development permit for which a public hearing is required. 2. Notice requirements for appeals apply to all appeals , including appeals to the HPC, AAC, ZBA, and City Commission . 3. Mailed notice of the P&Z public hearing alone is required, provided the day, time, and place of the City Commission's public hearing is announced at the P&Z public hearing. 4. Where adjacent properties are part of a townhouse, condominium, or timeshare development , the notice may be mailed to the president or manager of the property owners association instead of individual unit owners.

 

      2.   Published Notice Requirements

   The Development Services Director shall cause a required notice of a public hearing on an application to be prepared and published in a newspaper having general circulation in the city .

      3.   Mailed Notice Requirements

   The Development Services Director shall cause a required notice of a public hearing on an application to be prepared and mailed via first-class mail to those persons listed in Table 155.2305.C, Public Notice Requirements, as mailed notice recipients for the particular type of application.

      4.   Notice Content

         Required public notices shall, at a minimum:

         a.   Identify the application;

         b.   Identify the size of the land subject to the application;

         c.   Identify the location of the land subject to the application by street address or by its relationship to a fronting street and nearest cross street, if applicable (not applicable to notices posted on the subject property);

         d.   Describe the nature and scope of the proposed development or action;

         e.   Identify the date, time, and location of the public hearing or appeal being noticed, and state that interested persons or aggrieved parties may appear at the hearing or appeal (as appropriate) and speak and submit evidence and written comments on the application;

         f.   Indicate how and where written comments on the application or appeal may be submitted before the hearing; and

         g.   Indicate how and where additional information about the application or appeal and review process may be obtained; and

         h.   Comply with any notice content requirements established by state law.

      5.   Posted Sign Notice for Rezoning Applications

         For all Rezoning Application types, including General Zoning Map Amendment, Site-Specific Zoning Map Amendment, and Planned Development, the following shall be required:

         a.   A four foot by four foot sign with large lettering shall be placed upon the property by city personnel at least five days prior to the scheduled hearing before the Planning and Zoning Board and removed by city personnel upon final disposition (or earlier applicant withdrawal) of such rezoning request by the City Commission;

         b.   One said sign shall be placed adjacent to each street or thoroughfare abutting the property.

         c.   The lettering shall read: "Rezoning of this property is under consideration. For information call City of Pompano Beach, City Hall, telephone: [phone]."

      6.   Affidavit of Notice

   The Development Services Director shall prepare and sign an affidavit affirming that public notice meeting the requirements of this subsection was provided. Such an affidavit shall be conclusive that required notice was given in accordance with the terms of this subsection.

      7.   Finding of Substantial Compliance with Notice Requirements

   If questions arise at the public hearing regarding the adequacy of notice, the body conducting the hearing shall direct the Development Services Director to make a formal finding as to whether there is substantial compliance with the notice requirements of this Code, and such findings shall be made available to the decision-making body before final action on the application.

   D.   Requests to Defer Public Hearing

      1.   Before Public Hearing Notice

   If an application is subject to a public hearing and required notice of the hearing has not yet been provided, the applicant may submit a written request to defer the public hearing to the Development Services Director, who may grant the request for good cause.

      2.   After Public Hearing Notice

         a.   If an application is subject to a public hearing and required notice of the hearing has already been provided, the applicant may request that the hearing be deferred by submitting a written request for deferral to the Development Services Director before the date on which the public hearing is scheduled.

         b.   The Development Services Director shall submit the request to the body scheduled to hold the hearing, which may grant the request for good cause, or if finding no good cause for deferral, may proceed to hold the hearing, then consider and act on the application.

         c.   If the body grants the request for deferral, it shall concurrently set a new hearing date for the application.

         d.   If a deferral is granted, the application may be subject to additional application fees to defray the additional costs of processing the application.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2014-16, passed 1-28-14 ; Am. Ord. 2016-51, passed 3-22-16; Am. Ord. 2019-29, passed 2-26-19 ; Am. Ord. 2019-110 , passed 9-24-19)