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Ordinance No. 90-18-231ORDINANCE NO. 90-18-231 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE III, DIVISION 2, SECTION 24-51, NOTICE OF PUBLIC HEARINGS; DELETING CURRENT SECTION 24-51 IN ITS ENTIRETY; ADOPTING NEW SECTION 24-51, PUBLIC HEARINGS AND REQUIRED NOTICES, ESTABLISHING NEW NOTICE, ADVERTISEMENT AND SIGNAGE REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51 PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach routinely assesses its Code of Ordinances to provide the most effective and efficient implementation of the Code provisions; and WHEREAS, the Commission is desirous of updating the notice provisions contained in Section 24-51 of the Land Development Regulations; and WHEREAS, the Community Development Board has reviewed the proposed new provisions and provided its recommendations to the City Commission; and WHEREAS, the City Commission now desires to adopt new notice provisions in Chapter 24, Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Section 24-51 of Chapter 24, Land Development Regulations of the Code of Ordinances is hereby deleted in its entirety and new Section 24-51 provisions, all as more fully set forth and described in Exhibit A, attached hereto and made a part hereof, are hereby adopted to read as shown in said Exhibit A. SECTION 2. Conflict. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 4. Waiver of Section 24-51 Provisions. The Commission hereby waives the current provisions of Section 24-51 of the Code of Ordinances for mailed notice and signage in the adoption of this Ordinance. SECTION 5. Effective Date. This ordinance shall take effect upon final reading and approval. 00961621-2 PASSED by the City Commission on first reading this 26th day of March, 2018. PASSED by the City Commission on second and final reading this 9th day of April, 2018. CITY OF ATLANTIC BEACH 9/=' a, -, Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jr:,!r LI XV ZJ— ,,Jr . r City Attorney 00961621-2 EXHIBIT A TO ORDINANCE NO. 90-18-231 00961621-2 M. 101 "1 11MV-PIMPITP.11122IIII mr-TP.Tz loll 00961621-2 00961621-2 iMmi Will 00961621-2 00961621-2 Il' WN P PRIM 11 1 Imp 00961621-2 s=� 00961621-2 ♦ I 00961621-2 00961621-2 M- "INIMP Perim LUMMINALLIKISM Me - =70 - It' MURM-ap. LNELUMIN Iq%_­ .......... =LLMU_ Imp m . im 00961621-2 pvmmr go: 11111 111 =L11,111" III �Illlllllll 1 11 11 1 1 1Z -0 fill ptv"Morps r99 . I. 00961621-2 New Section 24-51 is hereby adopted to read as follows: Sec. 24-51. - Public hearings and required notice. fa� Except as provided in Subsection (c) herein, ordinances that amend the text of the adopted Comprehensive Plan. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that amend the text of the adopted Comprehensive Plan. The first public hearingat t City Commission shall be held at the transmittal stage, prior to the transmittal of the proposed amendment to the state planning_agency pursuant to F.S. § 163.3184. The second public hearingat t City Commission shall be held at the adoption stage, within one hundred eighty (180) calendar days of receipt of any comments from the state planning agency, unless such time frame is extended pursuant to F.S. § 163.3184. Should the second public hearingat t City Commission not be timely held, the amendment application shall be deemed withdrawn pursuant to F.S. § 163.3184. All public hearings shall be held on a weekday after 5 p.m. (2) Notice. All notices regarding ordinances that amend the text of the adopted Comprehensive Plan, shall comply with the requirements of F.S. § 163.3184 and § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the City Manager or their designee shall have published an advertisementig ving notice of the public hearing in accordance with Chapter 166, Florida Statutes. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the City. The notice shall state the date, time, place of the meeting, and the place or places within the City where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances that amend the text of the adopted Comprehensive Plan shall be in substantially the followingform: NOTICE OF COMPREHENSIVE PLAN TEXT CHANGE 00961621-2 The City of Atlantic 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). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(), place(s) of the public hearing(s) and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regardingthe he application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the City Clerk. Except as provided in Subsection (c) herein, ordinances that amend the Future Land Use Map series of the adopted Comprehensive Plan. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that amend the Future Land Use Map series of the adopted Comprehensive Plan. The first public hearingat t City Commission shall be held at the transmittal stage, prior to the transmittal of the proposed amendment to the state planning agency pursuant to F.S. § 163.3184. The second public hearingat City Commission shall be held at the adoption stage, within one hundred eighty (180) calendar days of receipt of any comments from the state planning agency pursuant to F.S. 163.3184. All public hearings shall be held on a weekday after 5 p.m. (2) Notice. All notices regarding ordinances that amend the Future Land Use Map series of the adopted Comprehensive Plan shall be as required by F.S. § 163.3184 and § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar dasprior to each public hearing, the City Manager or their designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the City. The notice shall state the date time, place of the meeting, and the place 00961621-2 or places within the City where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances that amend the Future Land Use Map series of the adopted Comprehensive Plan shall be in substantially the followingform: orm: NOTICE OF FUTURE LAND USE MAP CHANGE The City of Atlantic Beach proposes to adopt the following Ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) (meeting place). 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. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. _ 5� 0.0211. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s)place(s) of the public hearing(s) and the place or places within the City where the application may be inspected bathe public. The notice shall also advise that interested parties mayqppear at the meeting and be heard regardingthe he application. A copy of the notice' shall be kept available for public inspection duringthe he regular business hours of the office of the City Clerk. (c) Ordinances for small-scale Comprehensive Plan amendments that amend the Future Land Use Map series and related text amendments. For site specific Future Land Use Map amendments involving the use of ten (10) acres or less and text changes that relate directly to, and are adopted simultaneously with, the small scale Future Land Use Map amendment, the following public hearing and notice requirements shall apply: Public Hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings the latter of which shall be the adoption hearing as required by F.S. 6 163.3187 and 6 163.041. All bublic hearings shall be held on a weekday after 5 00961621-2 10 (2) Notice. All notices regarding ordinances for small-scale Comprehensive Plan amendments that amend the Future Land Use Map series and related text amendments, shall be provided by the City Manager or their designee as required by F.S. § 163.3187 and § 166.041, unless otherwise specified herein. a. Published Notice. At least ten (10) calendar daps prior to each public hearing, an advertisementig ving notice of the public hearing shall be published. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen(18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the City. The notice shall state the date, time, place of the meeting, and the place or places within the City where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties map appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances for small-scale Comprehensive Plan amendments that amend the Future Land Use Map series and related text amendments shall be in substantially the following form: NOTICE OF SMALL SCALE COMPREHENSIVE PLAN AMENDMENT The City of Atlantic Beach proposes to adopt the following ordinance (title of Ordinance). A public hearing on the ordinance shall be held on (date and time (meeting place). 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. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting(s) and be heard regardingtpplication. A copy of the notice shall be kept 00961621-2 11 available for public inspection during the regular business hours of the office of the City Clerk. c. Posted notice. At least fourteen (14) calendar days prior to the first public hearing, a sign identifying the request, including date(s), time(s) and place(s) the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the propertysubject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right -of -waw an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply this requirement, nor shall it be grounds to challenge the validity of any decision made by the Community Development Board or the City Commission. (d) Ordinances that change the text of the Land Development Regulations other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that change the text of the Land Development Regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning categorypublic hearings shall be held on a weekday after 5 p.m. (2) Notice. All notices regarding ordinances that change the text of the Land Development Regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the City Manager or their designee shall have published an advertisement giving notice of the public hearing_ The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the City. The notice shall state the date, time, place of the meeting, and the place or places within the City where the proposed ordinances may be infected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 00961621-2 12 Advertisements for ordinances that change the text of the Land Development Regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category shall be in substantially the followingform: orm: NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE The City of Atlantic Beach proposes to adopt the following Ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time (meeting_ place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s),),place(s) of the public hearing(s) and the place or places within the City where the application may b�pected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the he application. A copy of the notice shall be kept available for public inspection duringthe he regular business hours of the office of the City Clerk. (e) Ordinances initiated by an applicant other than the City to change the actual Official Zoning Map designation of a parcel or parcels. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances initiated by an applicant other than the City to change the actual Official Zoning Map designation of a parcel or parcels. All public hearings shall be held on a weekday after 5 p.m. (2) Notice. All notices regarding ordinances initiated by an qpplicant other than the City to change the actual Official Zoning Map designation of a parcel or parcels, shall be provided by the City Manager or their designee in accordance with F.S. 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be provided. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements 00961621-2 13 appear. The notice shall be published in a newspaper of general circulation in the City. The notice shall state the date, time, place of the meeting, and the place or places within the City where the proposed ordinances ma b�pected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances initiated by an applicant other than the City to change the actual Official Zoning Map designation of a parcel or parcels shall be in substantially the following f NOTICE OF ZONING MAP CHANGE The City of Atlantic 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). 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. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F. S. § 50.0211. b._ Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regardingtpplication. A copy of the notice shall be kept available for public inspection duringthe he regular business hours of the office of the City Clerk. c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date(s), time(s) and place(s) of the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of an. such notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with 00961621-2 14 this requirement, nor shall it be grounds to challenge the validity of any decision made by the Communily Development Board or the City Commission. (f) Ordinances that change the text of the Land Development Regulations to revise the actual list of permitted, conditional or prohibited uses within a zoning category. Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertisedup blic hearings on proposed ordinances that change the text of the Land Development Regulations to revise the list of permitted, conditional or prohibited uses within a zoning category. All public hearings shall be held on a weekday after 5 p.m. The second public hearing before the City Commission shall be held at least ten (10) calendar days after the first public hearing_ (22) Notice. All notices regarding ordinances that change the text of the Land Development Regulations to revise the list of permitted, conditional, or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the City Manager or their designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter (1/4) page, except that in no case shall it be less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City and of general interest and readership in the City, not one of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing; the title of the proposed ordinance and the place or places within the City where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances that change the text of the Land Development Regulations to revise the actual list of permitted, conditional, or prohibited uses within a zoning category shall be in substantially the followingform: NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE 00961621-2 15 The City of Atlantic Beach proposes to adopt the following Ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) (meeting_ place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s),),place(s) of the public hearing(s) and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties mayqppear at the meeting and be heard regarding the he application. A copy of the notice shall be kept available for public inspection duringthe he regular business hours of the office of the City Clerk. (g) Ordinances initiated by the City that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more. Public hearings. The Co=unily Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more. All public hearings shall be held on a weekday after 5 p.m. The second public hearing before the City Commission shall be held at least ten (10) calendar days after the first public hearing (2) Notice. All notices regarding ordinances initiated by the City that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous ious acres or more, shall be provided by the City Manager or their designee in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisementig ving notice of the public hearing shall be published. The required advertisement shall be one-quarter (1/4) page, except in no case shall it be less than two (2) columns wide by ten (10) inches long, in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City and of general interest and readership in the City, not one of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing; the title of the 00961621-2 16 proposed ordinance and the place or places within the City where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances initiated by the City that change the actual zoning map designation for a parcel or parcels of land involving ten 10) contiguous acres or more shall be in substantially the followingform: orm: NOTICE OF ZONING MAP CHANGE The City of Atlantic 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 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. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F. S. § 50.0211. b. Mailed notice. Each real property owner whose land the City will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records shall be notified by mail. 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. Such notice shall be given at least thirty (30) calendar days prior to the date set for the first 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 City Clerk. (h) Ordinances initiated by the City that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10)contiguous acres. (11) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances initiated by the City that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres. All public hearings shall be held on a weekday after 5 p.m. .(2) Notice. All notices regarding ordinances initiated by the City that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres, shall be provided by the Cily Manager or their designee in accordance with F.S. § 166.041, unless otherwise specified. 00961621-2 17 a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisementig ving notice of the public hearing shall be published. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the City. The notice shall state the date, time, place of the meeting, and the place or places within the City where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances initiated by the City that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres shall be in substantially the followingform: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following Ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) (meeting place 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. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F. S. § 50.0211. b. Mailed notice. Each real property owner whose land the City will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records shall be notified by mail. 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. Such notice shall be given at least thirty (30) calendar days prior to the date set for the first public hearing, and a copy of the notice shall be kept available for public inspection duringthe he regular business hours of the office of the City Clerk. (i)Applications for variances. 00961621-2 18 (11,) Public hearings. The Community Development Board shall hold one (1) advertised public hearing on applications for variances. The public hearing shall be held on a weekday after 5 p.m. (2) Notice. Notice of all public hearings for applications for variances shall be provided by the Cily Manager or their designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to the public hearing, an advertisementig ving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper of general paid circulation in the City and of general interest and readership in the City, not one of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. _b_. Mailed notice. At least fourteen (14) calendar days prior to the public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date, time, place of the public hearing and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall,be kept available for public inspection duringthe business hours of the office of the City Clerk. c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a sign identifying the request, including date, time and place of theup blic hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the Community Development Board. (i) Applications for waivers. Public hearings. The City Commission shall hold one (1) advertised public hearing on applications for waivers. The public hearing shall be held on a weekday after 5 p.m. 00961621-2 19 (2) Notice. Notice of all public hearings for applications for waivers shall be provided" by the City Manager or their designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to the public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper ofeg neral paid circulation in the City and of general interest and readership in the City, not one of limited subj ect matter, pursuant to Chapter 50 of the Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date, time, place of the public hearing and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the City Clerk. c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a sign identifying the request, including date, time and place of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the City Commission. (k) Applications for uses -by -exception. Public hearings. The Community Development Board and the City Commission shall each hold one (1) advertised public hearing on gpplications for uses -by - exception. All public hearings shall be held on a weekday after 5 p.m. (2) Notice. Notice of all public hearings for applications for uses -by -exception shall be provided by the City Manager or their designee in accordance with the following provisions: 00961621-2 20 a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper ofeg neral paid circulation in the City and of general interest and readership in the City, not one of limited subj ect matter, pursuant to Chapter 50 of the Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. Mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date, time, place of the public hearing and the place or places within the City where the application ma b�pected by the public. The notice shall also advise that interested parties mM gppear at the meeting and be heard regarding the he application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the City Clerk. c. Posted notice. At least fourteen (14) calendar days prior to the first public hearing, a sign identifying the he request, including date(s), time(s) and place(s) of the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right -of -waw ith an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of ansuch notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply this requirement, nor shall it be grounds to challenge the validity of any decision made by the Community Development Board or the City Commission. (1) Contest. If no adversely affected party contests the issue of proper notice within thirty (30) calendar days of the City Commission, or the Community Development Board in the case of variances, rendering its decision, then notice shall be deemed to be in compliance with this section. 00961621-2 21