§ 2-87. Enactment of ordinance changing zoning map designation.

(a)

Ordinances initiated by other than the town commission that change the actual zoning map designation of a parcel of land shall be enacted pursuant to sections 2-83 and 2-84.

(b)

Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the town commission that change the actual zoning map designation of a parcel of land, shall be enacted pursuant to the following procedure:

(1)

In cases in which the proposed ordinance changes the actual zoning map designation for a parcel of land involving less than ten contiguous acres, the town commission shall direct the town clerk to notify by mail each real property owner whose land the town will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records.

a.

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 such ordinance.

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 the regular business hours of the office of the town clerk.

c.

The town commission shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

(2)

In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel of land involving ten contiguous acres or more, the town commission shall direct the town clerk to provide for public notice and hearings as follows:

a.

Two advertised public hearings shall be held on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the town commission by a majority plus one vote, elects to conduct that hearing at another time of day.

1.

The first public hearing shall be held at least seven days after the day that the first advertisement is published.

2.

The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

b.

The required advertisements shall be no less than two columns wide by ten inches long 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.

c.

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

d.

The advertisement shall be placed in a newspaper of general paid circulation and of general interest and readership in the town, not one of limited subject matter, pursuant to F.S. ch. 50.

e.

Whenever possible, the advertisement shall appear in a newspaper that is published at least five days a week unless the only newspaper in the town is published less than five days a week.

f.

The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The Town of Beverly Beach proposes to adopt the following ordinance:

  (title of the ordinance).  

A public hearing on the ordinance will be held on   (date and time)   at   (meeting place)  .

A copy of the proposed ordinance may be reviewed at the Town Clerk's office between the hours of ____________ and ____________ Monday through Friday from ____________ to ____________.

g.

Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

(c)

In lieu of publishing the advertisement set out in this section, the town commission may direct the town clerk to mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance.

State law reference

Enactment of ordinances that change zoning map designations, F.S. § 166.041(3)(c).