§ 62-1152. Same—Amendments initiated by board of county commissioners.

(a)

Procedure for initiation. On its own motion and without the consent of any owner of the affected property, the board of county commissioners may, by resolution, initiate a consideration of an amendment to the official zoning maps of any property within the county. The resolution shall describe the property to be considered; the zoning classification and special use classification, with any specified conditions, or the conditional use designation of the property to be considered as recorded on the official zoning maps; the proposed zoning classification or conditional use designation that constitutes a proposed amendment to the official zoning maps; and the time and place for the public hearing of the planning and zoning board and the board of county commissioners for the consideration of the proposed amendment to the official zoning maps.

(b)

Enactment procedure; notice. Enactment of ordinances or resolutions initiated by the board of county commissioners or its designee which rezone private real property shall be enacted pursuant to the following procedures:

(1)

In cases in which the proposed rezoning involves less than five percent of the total land area of the county, the board of county commissioners shall direct its clerk to notify by mail each real property owner whose land the governmental agency will rezone by enactment of the ordinance or resolution and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects that property owner, and shall set a time and place for one or more public hearings on such ordinance or resolution. The notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the board of county commissioners. The board of county commissioners shall hold a public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution.

(2)

In cases in which the proposed rezoning involves five percent or more of the total land area of the county, the board of county commissioners shall provide for public notice and hearings as follows:

a.

The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven days after the day that the first advertisement is published. The second hearing shall be held approximately two weeks after the first hearing, and shall be advertised approximately five days prior to the public hearing. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing.

b.

The required advertisement shall be no less than one-quarter page in a standard size or tabloid size newspaper, and the heading in the advertisement shall be in a type no smaller than 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 published in a newspaper of general paid circulation in the county and of general interest and readership in the community, not one of limited subject matter, pursuant to F.S. ch. 50. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least five days a week unless the only newspaper in the community is published less than five days a week. The advertisement shall be in the following form:

NOTICE OF ZONING CHANGE

The    (name of local governmental unit)    proposes to rezone the land within the area shown in the map in this advertisement.

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

The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the area.

c.

In lieu of publishing the advertisements as set out in this subsection, the board of county commissioners may mail a notice to each person owning real property within the area covered by the ordinance or resolution.

(c)

Conduct of hearing. The public hearing before the planning and zoning board on a proposed amendment to the official zoning maps initiated by the board of county commissioners under this section shall be conducted in the manner and based upon the considerations specified in subsections 62-1151(c) and (d).

(Code 1979, § 14-20.62)

State law reference

Zoning amendments, F.S. § 125.66(5), (6).