§ 23.2-15. Notice requirements for public hearings.

The procedures set out in this section shall be applicable to all public hearings required by any provision of these LDRs. In every case where a public hearing is required pursuant to these LDRs, city staff shall provide notice in the manner set out below or in F.S. § 166.041, as applicable. Table 2-2 illustrates the notice requirements of these LDRs.

Table 2-2. Notice Requirements

Type of Permit Application	Newspaper Publication	Mailing	Site Posting
Historic landmark designation - district or individual property	10 days	10 days 400' R	10 days
Certificate of appropriateness (COA) - Board  • Demolition  • New construction	10 days	10 days 400' R	10 days
Annexation - voluntary and involuntary	First hearing: 7 days Second hearing: 5 days	10 days 400' R	10 days
Conditional use permit	10 days	10 days 400' R	10 days
Variance	10 days	10 days 400' R	10 days
Planned development (PD)	10 days prior to adoption hearing	10 days 400' R	10 days
Site plan - major	10 days	10 days 400' R	10 days
Sustainable bonus incentive (per associated permit required)
Zoning map amendment, (rezone initiated by other than city)	10 days prior to adoption hearing	10 days 400' R	10 days
Zoning map amendment (rezone initiated by city) less than 10 acres	10 days	10 days 400' R	10 days
Zoning map amendment (rezone initiated by city) 10 acres or more	First hearing: 7 days Second hearing: 5 days	10 days 400' R	10 days
Zoning text amendments (change to list of uses within a zoning category)	First hearing: 7 days Second hearing: 5 days
Zoning text amendments	10 days prior to adoption hearing
Comprehensive plan future land use map amendment (small scale, 10 or fewer acres)	10 days		10 days
Comprehensive plan amendment (more than 10 acres)	First hearing: 7 days Second hearing: 10 days
Appeals to city commission of PZB or HRPB		10 days 400' R

 

The foregoing Table 2-2 is illustrative with the text being controlling in the event of conflict or ambiguity between the text of these LDRs and the table.

a)

Publication . The requirements for this type of notice shall be as follows:

1.

Notice shall be published at least one (1) time in a newspaper of general circulation published in the City of Lake Worth, or in Palm Beach County, Florida, at least ten (10) days prior to the date of any required public hearing. The notice requirement shall be fourteen (14) days in the case of HRPB hearings to designate properties for historic preservation purposes.

2.

The notice of hearing shall state the date, time and place of the meeting; the titles of the proposed ordinances or a description of the substance of the matter being considered, including a clear identification of the location of a proposed landmark and the boundaries of a proposed historic designation; and the place within the city where the proposed ordinances or other materials may be inspected by the public. The notice shall also state that the public may appear at the meeting and be heard with respect to the matter.

3.

A copy of the notice shall be available for public inspection at City Hall during the regular business hours of the city.

4.

Failure to provide advertised notice as set forth in the foregoing notice requirements shall not affect any action or proceedings taken under this section unless such notice is required by Florida Statutes.

b)

Posting property . Where posted notice of an application for development approval is required by these LDRs, a sign shall be posted by the applicant on the subject premises in a prominent location and in a manner that is clearly visible from the street using a sign provided by the department for community sustainability. Such notice shall be posted at least ten (10) days prior to the date of the public meeting. After posting of the sign a photograph shall be taken for the file. Posted notice for meetings of the HRPB to consider designations shall be posted by the applicant for designation. The sign shall be posted in a prominent location upon the proposed property, or, in the case of a proposed historic district, along public streets at the outer boundaries of the proposed district, in such a manner as will assure that the signs will be seen by the public. The signs will be maintained by the applicant until such time as a final decision is made on the nomination. The signs will be removed by the applicant within ten (10) days of a final decision.

c)

Mailed courtesy notices . A courtesy notice of public hearing affecting specific property shall be given to all interested property owners as specified below. The notice shall be given only once prior to the first public hearing on the application.

1.

The applicant shall be responsible for compiling the list of all interested property owners and registered community organization and for mailing the courtesy notice, first class U.S. mail, to the interested property owners and registered community organization.

2.

Courtesy notices shall contain substantially the same information as is set forth in the agenda for the meeting.

3.

Courtesy notices of the proposed application will be mailed once at least ten (10) days prior to the first scheduled public hearing on the proposed application. Notice shall be mailed by first class mail and addressed to the owners of all properties located within a four-hundred-foot radius of the subject property or as deemed legally sufficient and appropriate by city staff for proposed application, and to registered community organizations. Applicant shall provide a certificate of mailing provided by the U.S. Postal Service.

4.

Notices shall be deemed effective when mailed to interested property owners and to registered community organizations as described above. Failure to receive such courtesy notice shall not affect any action or proceedings taken by the city hereunder.

5.

Notices for historic designations shall be as follows:

(A)

Generally. Notice by mail shall be provided at least fourteen (14) days before the hearing to all interested property owners as indicated below. For the purposes of notice, the current tax records of the Palm Beach County property appraiser shall be considered to be sufficient. The failure of any property owner to receive actual notice by mail shall not invalidate or otherwise have any effect on any public hearing or action taken by the HRPB or the city commission on an application for designation.

(B)

For individual landmark designations. Courtesy notice shall also be given by certified United States mail (return receipt requested) to each property owner of the proposed landmark, as found on the current tax records of the Palm Beach County property appraiser. In addition, each property owner whose property abuts or is contiguous to the lot perimeter of a proposed landmark is an interested property owner and shall receive courtesy notice by first class United States mail.

(C)

For historic district designation. Courtesy notice of the nomination process shall be given by first class United States mail to each property owner within the proposed historic district. Notice shall not be required for property owners outside the boundaries of a proposed historic district. The notice shall at a minimum inform landowners that:

(i)

Creation of a historic district will require city review of certain exterior changes to their property;

(ii)

If the historic district is created, owners will be required to obtain a permit called a "certificate of appropriateness" before certain exterior work is done on the property;

(iii)

The ordinance creating the historic district will contain certain requirements that must be met before any structure or building within the district can be altered, renovated, moved or demolished;

(iv)

Once the historic district is created, owners of qualifying property may be eligible for certain tax abatement and other incentives to encourage them to improve or restore historic properties;

(v)

An application for designation has been filed and may be inspected in the offices of planning, zoning and historic preservation division;

(vi)

A list of contributing (historic) and non-contributing (non-historic) structures has been compiled and may be inspected in the offices of the planning, zoning and historic preservation division. Contributing structures will be identified in the ordinance creating the historic district; and

(vii)

The date, time and place of any hearings or meetings of the HRPB which may be scheduled to discuss the application. Such notice shall not prohibit the HRPB or the city commission from holding other appropriately advertised meetings as necessary to consider the application without personal notice to owners.

d)

Neighborhood notice.

1.

Organizations that desire to be recognized as a registered community organization by the city shall register with the planning, zoning and historic preservation division by providing (1) the name of a contact person, (2) the name of the organization, and the type of organization such as a homeowner association or an issue-oriented interest group organization, and (3) the boundaries of its geographic area of concern. Organizations shall inform the city of any changes made to the information provided on its registration statement.

2.

Registered community organizations shall be provided mailed courtesy notice as set forth in subsection c) above.

(Ord. No. 2014-02, § 5(Exh. D), 1-7-14; Ord. No. 2016-13, § 3(Exh. B), 5-17-16; Ord. No. 2018-10, § 3(Exh. B), 7-17-18)