§ 15-347. Notification of adjacent property owners.  


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  • (a)

    The environmental protection officer will send notice of receipt of an application for variance or waiver under the provisions of this article by certified mail to the owners of the shoreline properties situated within three hundred (300) feet of the property on which the proposed dock is located. For waiver requests to the side-setback requirements, the environmental protection officer will only send notice to the abutting shoreline property owner affected by the waiver request. The environmental protection officer may send additional notices to other shoreline property owners.

    (b)

    The environmental protection officer will also send notice of receipt of an application and a copy of the application to the Windermere Water and Navigation Control District Advisory Board or the Conway Water and Navigation Control District Advisory Board, where appropriate, and may request comments from, and provide copies to, other county departments, agencies or governmental bodies.

    (c)

    All notices provided in accordance with this section shall require that written comments on the proposed dock be sent to the environmental protection officer within thirty-five (35) calendar days of receipt of such notices.

    (d)

    Failure to return written comments within thirty-five (35) calendar days shall be presumed to indicate that no objections exist, provided that in cases where the addressee does not receive the notice, the environmental protection officer may make other reasonable efforts to notify the addressee.

    (e)

    The Windermere Water and Navigation Control District Advisory Board and the Conway Water and Navigation Control District Advisory Board may submit to the environmental protection officer a recommendation to approve or deny applications for docks within their jurisdictions. Recommendations shall be approved by a majority of the advisory board at a public meeting, duly noticed and conducted in accordance with the Florida Sunshine Law, section 286.011, Florida Statutes, as may be transferred or amended from time to time. Advisory board recommendations shall be submitted to the environmental protection officer within thirty-five (35) calendar days of receipt of notice.

(Ord. No. 2004-08, § 2, 5-18-04)