PH, Small Scale, Local refreshed Flashcards

1
Q

Most Notices of Public Hearing
# hrgs, notice

A

Most Notices of Public Hearing:
1. 1 public hearing.
2. Notice in newspaper for at least 10 days.
3. No statutory requirement that notice be mailed or post signs. But most jurisdictions do. If you require it, you have to comply with it.

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2
Q

When are addtl notices of land use Public Hearings required?

A

For Land Use Regulations that:
1) Change use in zoning category.
2) Change zoning category (i.e., map)
———–
• Change the actual use of permitted, conditional or prohibited use in the zoning category or
• Which change the actual zoning of a particular parcel or parcels of lands of 50 contiguous acres or more

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3
Q

For 50+ acres, state public hearing & notice requirements to change CP, i.e., Actual use or Actual zoning map.

A

PHS:
1. 2 PHs on wkdays
2. 1 PH @ 5 pm unless vote by maj + 1 (Marion)
NOTICES:
1. 2 ads w/ 18 point font w/ maps.
OR
2. Mail to Os.

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4
Q

Results of failure to give notice of a Public Hearing?

A

Failure to give notice:
(1) Hearings and actions are void ab initio
UNLESS
(2) Citizen waives notice if appears but does not complain of lack of notice.
In theory, if they hadn’t come, it would be void ab initio.

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5
Q

S/L to challenge validity of Ordinance for failure to comply w/ statutory procedural requirements.

A

5 yrs.

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6
Q

What limits are placed on Emergency Enactments?

A

Expedited notice & hrg for emerg matters.
BUT
No emergency ord or reso can amend a:
1) Zoning map or
2) List of permitted, conditional or prohibited uses w/in a zoning category.

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7
Q

B of Ps on Subst. Due Pro or Equal Protection Claim.

*Hint - just like legis.

A

Rational basis test, de novo.
———–
PL: Arb & capric
LG: Fairly debatable & rational basis w/ public purp.
———–
Just like legis. WHY? land use + zoning are related to econ & social welfare, deferred to govt.

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8
Q

What does PL have to show for Subt. Due Process?

A

a. Deprived of a constitutionally recognizable interest &
b. Deprivation was a result of arbitrary & capricious action by LG.

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9
Q

When facing subst. due process claim, how show LG LEGIS action not arbitrary & capricious.

A

Rational basis test, de novo.
———–
PL: Arb & capric
LG: Fairly debatable & rational basis w/ public purp.

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10
Q

Timeline to review development permits

A

A) 30 + 30 (60)
B) 60 + 60 (120)
C) 120 + 60 (180)
———–
166.033 Development permits and orders.—
DAYS ACTION
30 Rvw & advise if deficient
30 Appl corrects deficiency
120 Issue decision w/ findings
or
180 If reqs PH + Issue dec w/ findings.
———-
Does not apply in an area of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida Administrative Code.

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11
Q

Small Scale amendments
Legis or Q-J?

A

Legis.

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12
Q

Small scale amendments - how many acres?

A

50 acres or less, 100 acres if a rural area of opportunity.

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13
Q

What are the 4 requirements to qualify as a Small scale amendments.

A

A. For 50 [rural 100] acres or less.
B. No changes to CP text.
C. Changes future land use map only.
D. Not in an area of critical concern.

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14
Q

Small scale amendments - Review Standard.

A

Rational basis test, de novo.
———–
PL: Arb & capric
LG: Fairly debatable & rational basis w/ public purp.

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15
Q

Timeline for small scale amendment review.

A

No transmittal hearing.
A) Adoption hearing.
B) 31st day = adoption.
Unless:
C) 30 days Affected Party files w/ DOAH.
Then:
D) 30-60 days for hearing aft Admin. Judge assignmt.
State cannot intervene.

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16
Q

What’s the unique leniency about small scale amendment hearings?

A

Adoption hearing only. No transmittal hearing.

17
Q

What is the limitation on the granting of a Development Order, re: State or Federal permit?

A

Odd*
May not condition approval of Development Order on applicant’s obtaining State or Federal permit.

18
Q

How does someone appeal a decision that was based on consistency or inconsistency w/ the CP?

A

A) Before Bd: App shows consist w/ CP. LG shows inconst or pub purp.
B) Notice, Opp, Ex Parte, Wits, Evid.
C) Appeal:
#1) De novo dec by aggrieved or adversely affected.
Sole issue is cons/incons w/ CP = equitable declaration/injunction.
> OR <
#2) Local Process.

19
Q

What is the threshold of impact needed to appeal a land use decision based on CP?

A

Only if the decision:
Materially alters the DUI inconsistent with the CP.

20
Q

State 3 routes for review a:
a) Legis decision,
vs.
b) Q-J decision.

A

LEGIS.

1) de novo dec. Circuit, arb/cap v. fairly debatable/public purp.

2) Local Process. prelim dec, magistrate, QJ.

Q-J.
3) Code - writ of cert, pro/correct/subst. comp.

21
Q

State 3 things that ARE appropriate only for QJ?
———–
Said differently, state 3 things that are not appropriate for de novo dec, re: CP [FS 163.3215].

A

DEVELOPMENT ORDERS:
1) Sewer & roadway in ROW are not dev ords, not approp.
2) FLUEDRA - CP acts are not ‘development orders’
3) Decisions based on Code (by writ).

22
Q

What are 5 keys re: Local Process to appeal a decision based on CP?

A

LG can adopt ordinance:
1. Make Prelim decision.
2. 10 days of app, mail + post notice advising QJ process.
3. 10 days to special magistrate
4. Discovery + disclosure of wits & exhs.
5. Site visits, testimony, issues subpoenas.

23
Q

State the 2 ways for appeal on decision based on CP?

A

#1) 30 days to file de novo, circuit, arb/cap v. fairly debatable & public purp
OR
#2) Local Process - LG adopts ordinance w/ Spec Mag

24
Q

In a Local Process (appeal decision based on CP):
What 3 steps follow Spec Mag recommendation?

A

  1. PH w/ public testimony
  2. LG is bound by Special Mag’s findings of fact
    UNLESS not supported by comp + subst evid
  3. Party may then pursue writ of certiorari.
25
Q

To what extent must Dev. Order alter in order to appeal an Order based on CP?

A

Order materially alters the DUI inconsistent w/ CP.

26
Q

What unusual civil procedures apply to writ & dec?

A

Writs go higher/ Decs go faster.
———–
Writ - based on appellate rules of civ pro.
Dec - summary procedure available.

27
Q

For 50+ acres, to amend CP, what is timing of PHs?

A

CP
———– ~confirmed~
TRANSMITTAL:
7 days after 1st ad.
ADOPTION:
5 days after 2nd ad, 10 days after Transmittal.