§ 110-5. Notice.

(a)

Content of notice. Every required notice shall include the date, time and place of the hearing or meeting, (if applicable) the address of the subject property, where known, the closest mile marker, a summary of the proposal to be considered, and identification of the board, commission, committee, or body conducting the hearing or meeting.

(b)

Advertised notice. Unless otherwise specified, notice of public hearings or public/community meetings required by this Land Development Code shall be published in a Monroe County newspaper of paid general circulation at least 15 days prior to the public hearing or public meeting in the non-legal section (unless specified otherwise). The newspaper shall be of general interest and readership in the community. The advertisement shall appear in a newspaper that is published at least five days a week. The advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper. The advertisement shall be captioned, "NOTICE OF PUBLIC HEARING," or "NOTICE OF PUBLIC MEETING," respectively, in a type no smaller than 18 point. If directed by resolution of the BOCC, advertisements may be put in additional newspapers published less frequently than five days a week in the legal advertising or non-legal section prior to the hearing without the same specification as to size or timeframe, or as a "NOTICE OF PUBLIC MEETING" with the agenda available from the Planning and Environmental Resources Department.

(1)

Advertisements for public hearings or community meetings regarding amendments to the land use (zoning) district map, overlays to the land use (zoning) district map or future land use map shall be captioned, "NOTICE OF CHANGE TO LAND USE (ZONING) DISTRICT MAP" or "NOTICE OF CHANGE TO FUTURE LAND USE MAP," respectively, in 18 point type, shall contain a geographic location map which clearly indicates the area covered by the proposal, shall include major street names as a means of identification of the area and shall state in a brief form the nature of the amendment to be considered by ordinance title.

(2)

Advertisements for public hearings or public meetings regarding amendments to the text of this Land Development Code shall be captioned "NOTICE OF CHANGE TO LAND DEVELOPMENT REGULATIONS" in 18 point type and shall be advertised by ordinance title.

(3)

Advertisements noticing grant of minor conditional use permits shall be advertised as specified above, but shall be placed in the legal section of the newspaper, and captioned, "NOTICE OF DEVELOPMENT ORDER APPROVAL FOR A MINOR CONDITIONAL USE PERMIT." The advertisement shall indicate commencement of the 30 day appeal period and the means of filing an appeal.

(4)

Advertisements noticing grant of major conditional use permits shall be advertised as specified above, but shall be placed in the legal section of the newspaper, and captioned, "NOTICE OF DEVELOPMENT ORDER APPROVAL FOR A MAJOR CONDITIONAL USE PERMIT," with the cost to be borne by the applicant. The advertisement shall indicate commencement of the 30 day appeal period and the means of filing an appeal.

(5)

Advertisements for all other public hearings or public meetings shall be captioned, "NOTICE OF PUBLIC HEARING" or "NOTICE OF PUBLIC MEETING," respectively, in 18 point type. In addition to the usual information concerning location, date and time, the body of the advertisement shall describe the matter(s) on which the public may be heard.

(6)

Additionally advertisements and notices for Development Agreements, pursuant to Section 163.3225, F.S., shall include the development uses proposed on the property, the proposed population densities, the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

(7)

The advertisements listed above may be combined by title and content if the hearings are scheduled for the same meeting.

(8)

The applicant shall coordinate with the County to assure the meeting is posted to the County's website and social media platforms. Failure to post notice on the Monroe County official website shall not constitute grounds for the cancellation of any public meeting.

(c)

Posting of notice. At least 15 days prior to any public hearing or public meeting on an application which requires posting of notice, all applicants, excluding governmental agencies, shall post the property that is the subject of the hearing or meeting with a waterproof signs(s) prepared and provided by the Planning and Environmental Resources Department. The notices shall be located so that the notices shall be easily visible from all public streets and roads abutting the property. Failure to provide proper notice as per this Land Development Code or other reason resulting in a delayed hearing shall result in the re-noticing of a new hearing or meeting date and rehearing of the original proposal and which shall be at the expense of the applicant and which shall be an amount equal to double the appropriate application fee. The applicant shall remove the posted notice within ten days after completion of the hearing or meeting.

(d)

Mailing of notice. For the types of applications listed below, or otherwise required by this Land Development Code, notice of a public hearing or public meeting shall be mailed by the county to all owners of real property located within 600 feet of the property that is the subject of the proposed development approval, including any residents of the parcel proposed for development, at least 15 days prior to the public hearing or public meeting. A list of such owners, as shown by the latest available records in the Monroe County Property Appraiser Office, shall be provided by the applicant with an application for development approval.

(1)

Mailing of notice: Major conditional use permit. Notices shall be mailed to property owners, as described above, at least 15 days prior to a public hearing by the Planning Commission.

(2)

Mailing of notice: Minor conditional use permit. Notices shall be mailed to property owners, as described above, at least 15 days prior to the public meeting of the DRC. Following the DRC meeting, if the Planning Director approves the minor conditional use permit and signs a development order, notice of the issuance of the minor conditional use permit shall be mailed by the county to property owners, as described above, and shall indicate commencement of the 30 day appeal period and the means of filing an appeal.

(3)

Mailing of notice: Community Meeting. Notices shall be mailed to property owners, as described above, at least 15 days prior to a Community Meeting required pursuant to Section 110-3 or 102-159.

(e)

Other notice. Notice of all public hearings and public meetings shall be posted on the county's official website as soon as is practical. Failure to post notice on the county's official website shall not constitute grounds for the cancellation of any public hearing or public meeting, nor shall it constitute grounds for the cancellation of any action taken by a board at such a meeting.

(f)

Affidavit and photograph of notice. An affidavit and photographic evidence shall be provided by the applicant at the beginning of the respective public hearing or public meeting, or in the cases of minor conditional use permit applications at beginning of the development review committee meeting, demonstrating that the applicant has complied with the notice required by this section.

(g)

Noticing expenses. Applicants shall be responsible for the cost of all noticing.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)