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 Hardee County
 Land Development Code
 Article 8. ADMINISTRATION AND ENFORCEMENT

  § 8.05.00. Public Notice of Hearings.  

Latest version.

  • (A)

    Public Notice Required. In addition to any statutory notice requirements, the following shall be complied with:

    (01)

    Due Public Notice. No change in land use classification or designation, Variance, or amendment to this Code may be considered by the Planning and Zoning Board until due public notice has been given of a public hearing;

    (02)

    15-Day Advance Notice. Public hearing notice shall be given at least 15 days in advance of the hearing by the publication in a newspaper of regular and general circulation in the County, and notice shall be posted at the County administration buildings. No official action may be taken unless and until the public hearing has been advertised;

    (03)

    Contents of Advertisement. The advertised notice shall contain the name of the applicant, the legal description of the affected property, the existing land use classification and any special designation(s), the request being considered by the Planning and Zoning Board, and the time and place of the public hearing at which the application will be considered;

    (04)

    300' Radius for Notification Area. For each zoning or Variance application to be considered at a public hearing, a notice shall be mailed as a courtesy to all property owners of record within a radius of 300 feet of the affected property; provided, however, that failure to receive such notice shall not invalidate any action or proceedings taken at the public hearing;

    (05)

    Posting of Property. For each zoning or Variance application to be considered at a public hearing, the subject property shall be posted stating the requested action, the date and place of the public hearing, and where copies of the application and supporting documents may be viewed.

    (06)

    Other Local Government Notification. When a proposed zoning action or Variance lies within 300 feet of the jurisdiction of another local government, the Planning Board or governing body of that local government shall be notified, so that it may have an opportunity to send a representative to the public hearing to speak on its behalf.

    (B)

    Public Notice Requirements for Amendments to Official Zoning Map Initiated by the Board of County Commissioners.

    (01)

    Notification by Mail.

    a.

    Where a zoning action has been initiated or undertaken at the direction of the Board of County Commissioners, and involves less than five percent of the total land area of the County, the Board of County Commissioners shall direct the Planning and Development Division to notify by mail each property owner whose land the County will rezone or whose land will be affected by the change in permitted use.

    b.

    Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during regular business hours at the Office of Planning and Development.

    c.

    The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on the ordinance.

    d.

    The subject property shall be posted stating the requested action, the date and place of the public hearing, and where copies of the application and supporting documents may be viewed.

    e.

    The Board of County Commissioners shall hold a public hearing on the proposed Ordinance and may, upon conclusion of the hearing, immediately adopt the Ordinance.

    (02)

    Advertisement of Public Hearings.

    a.

    Where a zoning action has been initiated or undertaken at the direction of the Board of County Commissioners, and involves five percent or more of the total land area of the County, the Board of County Commissioners shall hold two advertised public hearings on the proposed Ordinance.

    b.

    Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven days after the day that the first advertisement is published.

    c.

    The second hearing shall be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing.

    d.

    The date, place, and time at which the second public hearing will be held shall be announced at the first public hearing.

    e.

    The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point.

    f.

    The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

    g.

    The advertisement shall be published in a newspaper of general circulation in the County and of general interest and readership in the community.

    (03)

    The advertisement shall be in the following form:

     
    NOTICE OF ZONING (PERMITTED USE) CHANGE
    The Hardee County Board of County Commissioners proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement.
    A public hearing on the rezoning will be held on (date and time) at (meeting place).

     

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