§ 13-315. Public notice.

(a)

Amendments, variances and operating and use permits requiring review and action by the commission and/or ZAB.

(1)

Publication.

a.

Contents of notice. When publication is required, advertisement shall be in the legal notice section of the paper, unless specified otherwise, and shall include, in addition to the general intent or purpose of the hearing, and the date, time and place of hearing, the following information on each application to be heard:

1.

Application identification number.

2.

Applicant's name.

3.

The requested action.

4.

The general location and legal description of the property involved.

5.

The size of the property on which action is requested.

b.

Rezonings. For rezonings and land development code amendments, public notice pursuant to F.S. § 125.66 shall be given.

c.

Variances and use permits requiring review and action by the ZAB and/or commission. Public hearings shall be advertised in at least one (1) newspaper of paid general circulation within Sumter County.

1.

The legal advertisement shall comply with all statutory advertising requirements for the particular action. Every effort shall be made to advertise not less than five (5) days prior to the hearing; however, as long as a legal advertisement is accomplished prior to a hearing, failure to advertise five (5) days prior to the hearing shall not be grounds for challenging any action taken on the application.

2.

Conditional use permits. Legal advertisements shall describe the geographic area involved, a descriptive name of the facility and a general, non-technical description of the activities planned to be conducted at the facility.

(2)

Posting. All properties for which applications require public hearings before the ZAB or commission shall be posted by the applicant with plaques furnished by the director. Such plaques shall identify the application, the requested action, and the date, time and place of hearing. Plaques shall be sufficiently conspicuous in terms of size, location, and content to provide reasonably adequate notice to potentially interested persons of the matter that will appear on the authority's agenda. Such notices shall be posted at least seven (7) days prior to the first hearing at which the subject property will be considered, at locations specified by the director.

(3)

Notice to affected property owners.

a.

When required. the department shall notify by first class mail the owners of all property lying within five hundred (500) feet of the perimeter of the parent tract of the parcel described in the application, except that:

1.

Conditional uses: For applications for conditional use permits, each unit of local government within three (3) miles of the proposed conditional use and any school district with a facility within three (3) miles of the proposed conditional use shall be mailed the same notice.

2.

Special uses: For applications for special use permits for community water system wellfields, the owners of all property lying within five hundred (500) feet of the proposed wellfield area will be notified. Such notice will include the restrictions on the use of their property if the special use is granted.

3.

Rezonings: Where a zoning map amendment of one (1) or more parcels is proposed by the commission, the director shall notify the owners of all properties whose zoning classification is to be changed by the proposed amendment, unless such amendment is comprehensive and county-wide in effect, in which case such notice shall consist solely of notice published in a newspaper of paid general circulation within Sumter County.

b.

Notice requirements. Notices shall be mailed at least ten (10) days prior to the first hearing date to owners of real property listed on the current county tax roll or other source of current ownership. Evidence of mailing to affected property owners shall be available at the hearing. Notices required herein shall:

1.

State the application's identification number and applicant's name.

2.

State the date, time and place of public hearing.

3.

Reasonably identify the property proposed for change and summarize the nature and character of the proposed change.

4.

State that the full extent of proposed changes may be obtained from the department and provide its telephone number and address.

(4)

Exception. Staff, the director and all reviewing agencies shall make every reasonable effort to comply with the notice provisions set forth in this code. However, it is the commission's intent that failure to strictly comply with the notice provisions of subsections (2) and (3) of this section shall not render any final action by staff, any review board or authority or the commission invalid and shall not constitute grounds for challenge by any person of any final action. When an application is tabled by any reviewing authority to a time and date certain, no additional publication or notice as set forth in this section is required. Failure of any person to object during the hearing to any defect in any type of notice set forth herein shall constitute a waiver of any objection as to any lack of compliance.

(b)

Other notification. Upon receipt of any application, in addition to the public notice requirements of this section, the director or authority may determine the possible involvement or interest of other government agencies or private organizations in the proposed development and may notify same.

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15)