§ 33.25. Public hearings.

(A)

The planning and zoning board shall hold a public hearing on any matter if requested or approved by the town commission.

(B)

Any changes in land use and zoning initiated by the town, and changes in land use and zoning not initiated by the town, including, without limitation, development agreements and adoption or amendments to outline development plans, if not initiated by the town, shall be at the petitioner's or applicant's expense. Notice of such public hearing shall:

(1)

Be published at least seven days prior to the hearing in a newspaper of general circulation within the town; and

(2)

Be published at least four days (including weekends and holidays) prior to the public hearing, in a publication generally circulated weekly within the town in a format similar to F.S. § 166.041(3) (c)2.b., as may be amended.

(3)

A copy of the notice shall be sent by certified mail 14 days prior to the hearing to all owners of property involved in the petition or application, to all owners of property in the same MUC zoning district for applications that would add dwelling or tourism units to the subject property, to all owners of property immediately adjacent to and within 500 feet of the perimeter of the subject property, and to each homeowners', property owners' or condominium association which annually registers with the planning, zoning and building department to receive such notice by first class mail. The guide for the mailing requirement to owners shall be the most recent town or county assessment roll.

(C)

All other public hearings, not otherwise governed by section 33.25 of this Code or Florida Statutes, whether or not town-initiated, including without limitation, plat or replat approvals, site plan approvals, and special exceptions, shall, if not initiated by the town, be at petitioner's or applicant's expense, except as provided in chapter 157. Notice of such public hearing shall, at least seven days prior to the hearing, be:

(1)

Prominently posted by the applicant by a sign provided by the town on the property which is the subject of the application or petition. The posted notice shall be:

(a)

Placed in a location in conformance with chapter 156;

(b)

Placed in a location unobstructed to the view of passersby;

(c)

Maintained by the applicant until required to be removed and if damaged, destroyed or removed, shall be replaced as soon as possible by the applicant with another sign provided by the town;

(d)

Modified by the applicant to reflect any errors or changes in scheduling of the applicable public hearings so as to ensure accurate information;

(e)

Removed by the applicant within 48 hours after conclusion of the final public hearing; and

(f)

Inspected by the planning, zoning and building department to ensure compliance with these posting requirements.

(2)

Posted by the town at Town Hall;

(3)

Published in a newspaper of general circulation within the town; and

(4)

A copy of the notice shall be sent by certified mail 14 days prior to the hearing to all owners of property involved in the petition or application, and to all owners of property immediately adjacent to and within 500 feet of the perimeter of the subject property. The guide for the mailing requirement to owners shall be the most current town or county assessment roll.

(D)

At any public hearing, any party may appear in person, by agent or by attorney. With respect to condominiums or cooperatives, notice required by this section will be deemed notice to its property owners when notice is sent or delivered to the secretary and the president of the condominium or cooperative association, unless the offices are not filled, in which event notice to the agent designated for the service of process will be sufficient compliance with the notice requirements of this section. However, at the discretion of the town commission, notice may be required to be given to each condominium owner or cooperative unit owner.

PUBLIC NOTICE
PLANNING AND ZONING BOARD
LONGBOAT KEY, FLORIDA

Please take notice that a public hearing will be held at the request of ________, to consider the following: _____
_____
_____
The public hearing will be held at _______ on the ___ of ________, A.D., 20___. All interested are invited to attend.

_____  
Secretary
Longboat Key Planning and Zoning Board

(E)

For all quasi-judicial public hearings, the following time guidelines shall apply:

(1)

In order to manage and improve the timing and quality as well as the clarity of presentation, the following guidelines are established for presentations by petitioners as well as public comment for all quasi-judicial public hearings. It is the expectation of the planning and zoning board that presentations by petitioners will take approximately 20 minutes, public comments approximately five minutes per person, and there will be a rebuttal opportunity for the petitioner for an additional five minutes. Applicants are expected to respect these guidelines.

(2)

Similarly, petitioners as well as members of the public are encouraged to provide any documentary evidence to the planning and zoning board as many days prior to the public hearing as possible. If voluminous documentation is presented to the planning and zoning board at the time of the hearing, the planning and zoning board may have no alternative but to postpone their decision in order to review the material provided.

(3)

The planning and zoning board chair is authorized to modify these time guidelines as necessary.

(F)

For all non-quasi-judicial public hearings, legislative matters, or other matters, each person speaking on the subject shall limit his or her address to three minutes or such additional time as may be granted by the chairman. Speakers may provide documents to the planning and zoning board in conjunction with their comments. The chairman is authorized to modify this time guideline as necessary.

('71 Code, § 15B-22; Ord. 169, passed 4-1-70; Amd. Ord. 82-8, passed 7-7-82; Amd. Ord. 94-16, passed 11-17-94; Amd. Ord. 95-17, passed 10-2-95; Amd. Ord. 97-24, passed 11-3-97; Amd. Ord. 06-05, passed 2-6-06; Ord. 2014-25, passed 7-7-14; Ord. 2017-13, passed 7-17-17)