§ 10.03.02. Pre-Hearing Procedures

A.

Who May Request Amendment

1.

The County Commission or Administrator may seek to rezone one or more parcels of land pursuant to the procedures prescribed herein.

2.

The owner of one or more parcels of land may seek to rezone any such parcel pursuant to the procedures prescribed herein.

B.

Preapplication Conferences and Applications

1.

Conference with the Administrator may be requested in those cases where an applicant is in doubt as to the necessity of filing an application for a rezoning, or Special Use Permit, or the specific zoning classification permitting the proposed use.

2.

The applicant may request that the Administrator arrange a presubmittal conference to be attended by representatives of reviewing agencies and the applicant. The purpose of the presubmittal conference is to provide information to a potential applicant concerning the information needed for submittal and the standards and other requirements to be met. The reviewing agencies may include Planning and Growth Management Department (Natural Resources, Zoning Compliance, Traffic Operations, Stormwater Management, Water and Wastewater Utilities, and Adequate Public Facilities Determination), School Board, Environmental Protection Commission, and FDOT, if applicable.

3.

All applications shall be typed or neatly printed on forms provided by the Administrator. Applications shall be filed with the Administrator who shall mark thereon the date of filing and shall retain the original. Copies of the application shall be available for public inspection in the offices of the Clerk of the Board and the Administrator.

C.

Time of Hearing by the Land Use Hearing Officer and Recommendation

1.

The Administrator shall set the matter for hearing before a Land Use Hearing Officer after the completed application has been filed in accordance with the published Land Use Hearing Officer Hearing Schedule.

2.

Continuance(s) of the public hearing shall be permitted in accordance with the procedures and requirements set forth below. However, in no case shall the public hearing be continued to a hearing date that is more than six months after the originally scheduled hearing date. If a public hearing is not held on the application within the required time frame, the application shall be withdrawn from processing by the Zoning Administrator. The hearing time frame shall not apply to an application that is associated with either an application to amend the Hillsborough County Comprehensive Plan, an application for a new Development of Regional Impact (DRI), an application to amend an existing DRI or any application that has been reopened or remanded for further hearing.

3.

The public hearing shall be continued by the Land Use Hearing Officer to a date certain if the continuance request is filed in writing by the applicant with the Administrator at least three (3) business days prior to the published staff report filing deadline for the scheduled hearing, or by the County if additional time is needed to complete review. Any continuance request submitted by the applicant to the Administrator less than three (3) business days prior to the published staff report filing deadline for the scheduled hearing will be shown on the agenda to be heard but may be continued at the hearing at the discretion of the hearing officer only if the applicant can demonstrate the reason for the continuance was not known in a timely manner, thereby preventing the applicant from requesting the continuance prior to the deadline.

4.

The Land Use Hearing Officer may reopen a hearing for extraordinary cause. Action to reopen a hearing must take place within seven (7) calendar days of the initial close of the hearing. To reopen a hearing, the Land Use Hearing Officer must file with the Administrator an affidavit outlining the reasons for such reopening. Such reopenings shall only be ordered when the Land Use Hearing Officer has additional competent substantial evidence, not previously available, that would affect the Land Use Hearing Officer's recommendation, where it is necessary to avoid undue injury to the County or the applicant.

5.

Upon making a finding that the hearing should be reopened, the Land Use Hearing Officer shall schedule the hearing for a date not to exceed 45 calendar days from the initial close of the hearing. A reopened hearing shall be noticed as an original hearing with notice also going to any persons who appeared at the original hearing. The cost of providing notice shall be borne by the County. The reopened hearing shall be concluded within 30 calendar days of the date established by the Land Use Hearing Officer in his affidavit for reopening the hearing.

6.

The Land Use Hearing Officer shall file his recommendation with the Administrator within fifteen (15) business days of the close of the hearing, with a copy being provided to the Clerk of the Board. The Clerk of the Board shall, on the same calendar day or the next working day, mail or otherwise deliver a copy of the recommendation to the applicant, and to any other person who has supplied the Clerk with a self-addressed stamped envelope for the purpose.

D.

Notice of Public Hearing Before the Land Use Hearing Officer

1.

In cases where zoning amendments are initiated by the County, public notice and hearings shall be in accordance with the provisions of Section 125.66(4), the Florida Statutes, with appropriate modifications to indicate that the hearing is to be held by the Land Use Hearing Officer.

2.

In all other cases, upon establishment of a public hearing date, notice of the public hearing shall be given:

a.

By the Administrator posting a sign(s) no less than 30 calendar days prior to the hearing date in a conspicuous place upon the property which is the subject of the application; and

b.

By the Administrator causing the publication of a notice one time no less than fifteen (15) calendar days prior to the hearing date in a newspaper of general circulation in Hillsborough County; and

c.

By the applicant mailing notice no less than thirty (30) calendar days prior to the hearing date. Such notice shall be completed in the manner outlined in Subsections E and F below and the applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

d.

In the case of hearings remanded from the Land Use Appeals Board to the Land Use Hearing Officer, notice shall be given pursuant to subsections a. through c., above, and also by the applicant mailing notice no less than thirty (30) calendar days prior to the hearing date to all parties of record from the initial Land Use Hearing Officer hearing, as defined in LDC 10.03.06.A.1 and 10.03.06.A.3. The applicant shall submit proof of said mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

3.

Continuance fees shall be required from the applicant for all continuances requested by the applicant by the deadline described in Section 10.03.02.C.3. Continuance fees and additional notice shall be required from the applicant for all other continuances either requested by the applicant or caused by the actions or inactions of the applicant.

4.

If at any time, the contents of any form of notice, required or otherwise, is determined to be incorrect, the application shall be determined to be out of order and shall be required to continue to the next available hearing, after the prior scheduled meeting, and renotice shall be required in order to make the appropriate corrections. Additionally, failure to meet any notice deadlines required in this code shall cause the application to be determined to be out of order and the application shall be required to continue to the next available hearing, after the prior scheduled meeting, and renotice shall be required.

5.

Notice of continuances for applications determined to be out of order due to the actions or inactions of the applicant, as described in Subsection D.4 above, shall be required in the following manner:

a.

The applicant shall mail notice of the new hearing date to which the application has been continued, as determined by the Administrator, no less than thirty (30) days prior to the new hearing date. The applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

b.

The Administrator shall cause the posting of a sign(s) within ten (10) days following the hearing from which the application is being continued.

6.

Notice of continuances requested by the applicant prior to the deadline, as described in Subsection C.3 above, shall be required in the following manner:

a.

The applicant shall mail notice of the requested continuance and new hearing date to which the application is being continued no less than seven (7) days prior to the hearing date from which the application is being continued. The applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

b.

The Administrator shall cause the posting of a sign(s) no less than three (3) calendar days prior to the currently scheduled hearing that is being continued.

7.

For other continuances requested by the applicant and for continuances caused by any actions or inactions of the applicant, except for applications determined to be out of order, notice shall be required in the following manner:

a.

The applicant shall mail notice of the new hearing date following approval of the continuance. The notice shall be mailed no less than thirty (30) days prior to the hearing date to which the application has been continued. The applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

b.

The Administrator shall cause the posting of a sign(s) following the approval of the continuance within ten (10) days of the decision to reschedule the hearing.

8.

For continuances not caused by any actions or inactions of the applicant, notice shall be required in the following manner:

a.

The Administrator shall cause the posting of a sign(s) following the approval of the continuance within ten (10) days of the decision to reschedule the hearing.

9.

Proof of Mailing: The applicant shall provide Planning and Growth Management Staff with the documentation listed below as proof of mailing in fulfillment of the notice requirements. Failure to submit proof of mailing in a timely manner shall result in the application being continued to the next available hearing, unless said continuance will cause the hearing to continue beyond the maximum time frame prescribed in Subsection C.1 above, in which case the application shall be withdrawn from processing by the Administrator.

a.

A completed copy of the official notice letter.

b.

An original "certificate of mailing" from the U.S. Post Office listing the names, mailing addresses and property folio numbers of all noticed parties.

c.

A signed and notarized affidavit from the applicant acknowledging completion of the notice requirements.

E.

Property Owners' Notice

1.

Notice shall be mailed to all owners of property, as reflected on the current year's tax roll, and, where common property lies within the required notice distance, to all condominium and owners' associations, lying within 500 feet in every direction when the subject parcel is within the Agricultural and Residential-1 Categories of the Comprehensive Plan, and 300 feet in every direction when the parcel is within any of the remaining Plan categories. If a subject parcel contains more than one land use designation, the greatest applicable notice distance shall apply.

2.

If the notification requirements of Paragraph 1 immediately above result in the requirement to notify more than 200 property owners, the applicant may seek administrative relief through the Administrator for consideration of reducing the number of parties which must be notified while still providing sufficient notice.

3.

A reduction in the number of notices may occur in cases where alternative methods of notice can provide sufficient notice and the parties which would receive the alternative notice would be only those which are least likely to be impacted by the proposed amendment. The size of the parcel and the intensity of the development around the subject parcel will be considered. However, large sized projects can expect to be required to provide larger numbers of notices because of the greater area which the project directly impacts. The Administrator shall be required to make a finding that the following criteria have been met:

a.

In no case would notice be waived to property owners less than 250 feet in every direction from the subject property in the rural areas and 150 feet in every direction from the subject property in urban areas; and

b.

The alternative form of notice shall reasonably alert the parties of the amendment action (for example, a condominium complex which has only a small portion of its property within the notification distance and no part of its property within the distance requirement in Paragraph 1 immediately above may receive notice to its Board of Directors more than the minimum requirement of 30 calendar days rather than the proof of mailing notice required to each condominium owner); and

c.

The number of notices required shall not be less than 200 unless the alternative notice method affects a group of property owners such that it is impossible to notice one property owner without noticing the entire group; and

d.

The notice pattern shall be as uniformly applied in all directions as is physically possible.

F.

Neighborhood Bill of Rights

The Board of County Commissioners recognizes that citizens of neighborhoods have an interest in participating in the planning process and development issues which affect them. To achieve that end, notice shall be provided by the applicant to all duly registered organizations on the Registry of Neighborhood Organizations and Civic Associations whose geographic boundaries lie within one mile of the subject site for any proposed development requiring final approval of the Board of County Commissioners or the LUHO. Accordingly:

1.

The Hillsborough County Office of Neighborhood Relations shall maintain a Registry of Neighborhood Organizations and Civic Associations.

2.

To register as a Neighborhood Organization, an organization shall provide the name and address of its authorized representative(s), a map which graphically identifies the boundaries of its neighborhood, and any other relevant information as may be required by the Administrator. Additionally, the organization shall provide evidence it meets all of the following requirements:

a.

The organization is comprised of residents within a defined geographic area.

b.

There are a minimum of 50 households within the defined geographic area.

c.

The residents of at least 50 percent of all households in the defined geographic area are members of the organization.

d.

That membership in the organization is established by virtue of residency or occupancy in the defined geographic area.

e.

That the organization maintains officers or representatives, including the method by which such officers or representatives are selected. The method may be documented by copies of by-laws, covenants or deed restrictions if the method is specified therein.

f.

That the organization has a means to appoint a contact person.

g.

That the organization's officers or representatives are authorized to act on behalf of the organization. This authorization may be documented by copies of by-laws, covenants or deed restrictions.

3.

To be registered as a Civic Association, the association must be chartered, area-wide and with dues paying members. The association must submit a copy of its charter with the application. Membership on the registry will allow the association to receive courtesy notice of applications within its area. However, receipt of the notice will not qualify the association as a party of record.

G.

Notice Content

1.

Mailed and published notices shall contain the following information:

a.

Application number and date of filing.

b.

Present and proposed zoning classifications and/or proposed Special Use or proposed change if major modification.

c.

Location of the property.

d.

Date, time, and place of Land Use Hearing Officer public hearing.

e.

A statement in substantial compliance with the following form:

(1)

Copies of the application and department reports are kept by the Administrator and are open to public inspection in the offices of the Clerk of the Board and the Administrator.

(2)

All interested persons wishing to submit testimony or other evidence in this matter must submit same to the Land Use Hearing Officer at the public hearing before him or to the Administrator two business days prior to the public hearing.

f.

A statement in substantial compliance with the following form:

The review of the Land Use Hearing Officer's recommendation by the Board of County Commissioners of Hillsborough County shall be restricted to the record as defined in the Hillsborough County Land Development Code, as amended, unless additional evidence and/or oral argument is presented pursuant to the terms of said Code.

g.

Instructions for obtaining further information regarding the application.

h.

Name, address and telephone number of applicant or applicant's agent.

2.

In addition to the foregoing, mailed notices shall include the following:

a.

Due date of the staff recommendation on the application.

b.

A statement requesting that citizen input be submitted to the County prior to the formulation of the staff report and recommendation to allow for citizen involvement prior to staff's reaching its final recommendation to the Board of County Commissioners or Land Use Hearing Officer, as appropriate.

H.

County Department Reports

1.

When an application has been set for public hearing, the Administrator shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the departmental findings, recommendations, and conditions. This report shall be available at the offices of the Administrator to all persons six calendar days prior to the hearing. The report shall be filed with the Clerk of the Board for inspection by the public.

2.

The Planning Commission staff shall, for all applications, prepare a separate written statement outlining the points of compliance or noncompliance with the Comprehensive Plan adopted by Hillsborough County pursuant to the Hillsborough County Local Government Comprehensive Planning Act of 1975, as amended, and shall file said statement with the Administrator at least 12 calendar days prior to the date of the hearing before the Land Use Hearing Officer, with copy thereof submitted to the Clerk of the Board with the Administrator's report referenced above.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 99-25, § 2, 11-18-99; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 09-53, Item Q, 6-11-09, eff. 10-1-09; Ord. No. 15-32, § 2(Exh. A) (15-1270), 12-8-15, eff. 12-14-15)