§ 24-457. Appeals.
(a)
Generally.
(1)
Appeals of administrative decisions. An appeal from any decision of the planning and zoning director concerning any order, requirement, decision or determination made by the director may be taken by any person aggrieved or by any officer, agency or bureau of the county affected by any such action of the director. (See also subsection (b) of this section.)
a.
Appeals to the land planning agency (LPA) shall be taken by filing a written notice of appeal within 30 days after a rendition of any such order, requirement, decision or determination, with the director specifying the grounds for review of the decision.
b.
The notice of appeal may be accompanied by such other materials and drawings as are needed by the local planning agency to clearly understand the substance of the appeal.
c.
Action to grant or deny the request shall be taken within 30 days of the meeting at which the request is heard.
d.
In the case of denial of a request, written notice of the reason for denial shall be sent to the applicant within 30 days of the meeting at which the action was taken.
e.
Before rendering a decision upon the appeal, the local planning agency shall review the request at its next regularly scheduled meeting. The local planning agency shall fix a reasonable time for the hearing, giving public notice thereof, and due notice to the parties involved pursuant to section 24-459.
f.
In exercising the powers granted, the local planning agency may, in conformity with the provisions of this article, reverse, affirm, wholly or in part, or may modify the order, requirements, decision, or determinations of the director and may issue or direct the issuance of a compliance permit.
g.
Any petition for a hearing before the local planning agency may be withdrawn at the discretion of the applicant upon written notice to the director.
h.
Failure of any person to appear at the hearing set forth in accordance with the provisions of this article and section 2-96 shall constitute a waiver of his right to an appeal on the notice.
i.
At the hearing, any party may appear in person or by agent or attorney.
j.
Standing to appeal shall be limited to those property owners affected by the decision of the planning and zoning director.
k.
Appellants may be required to assume such reasonable costs as the board of county commissioners may determine through action in setting fees to be charged.
l.
An appeal stays all proceedings in furtherance of the action appealed from, unless the planning and zoning director from whom the appeal is taken certifies to the local planning agency after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the local planning agency or by a court of record on application or notice to the planning and zoning director from whom the appeal is taken and on due cause shown.
m.
The concurring vote of a majority of the members of the local planning agency who are present and voting shall be necessary to reverse any order, requirement, decision, or determination of the planning and zoning director or to decide in favor of the appellant in respect to any matter upon which it is required to pass under the terms of article III of this chapter or to effect any variance of article III of this chapter.
n.
Any person, severally or jointly, aggrieved by the decision of the local planning agency regarding their application may within 30 days thereafter appeal that decision to the circuit court as provided in a regular session by F.S. § 125.018. Failure to file an appeal within said 30 days shall be deemed a waiver of all appellate rights.
(2)
Flood damage prevention regulations appeals provisions.
a.
The land planning agency (LPA) shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning and zoning director in the enforcement or administration of section 24-332.
b.
Any such appeal shall be in written form and filed with the planning and zoning director within 30 days of the decision of the planning and zoning director. The appellant must state the modification requested the reasons therefor, and the hardship or conditions upon which the appeal is made.
c.
In passing upon such appeal, the local planning agency shall consider all technical evaluations, all relevant factors, and standards specified in section 24-332.
d.
Upon consideration of the factors of said article VI of this chapter, the local planning agency may attach such conditions to the granting of modifications to the planning and zoning director's determination as deemed necessary to further the purposes of section 24-332.
e.
Any person aggrieved by the decision of the local planning agency may appeal such decision in the circuit court, as provided in F.S. § 125.018.
(b)
Appeals of planning and zoning director decisions. An appeal from any decision of the planning and zoning director concerning any order, requirement, decision or determination made by the director may be taken by any person aggrieved or by any officer, agency or bureau of the county affected by any such action of the director.
(1)
Appeals to the land planning agency (LPA) shall be taken by filing a written notice of appeal within 30 days after a rendition of any such order, requirement, decision or determination, with the director specifying the grounds for review of the decision.
(2)
The notice of appeal may be accompanied by such other materials and drawings as are needed by the local planning agency to clearly understand the substance of the appeal.
(3)
Before rendering a decision upon the appeal, the local planning agency shall review the request at its next regularly scheduled meeting. The local planning agency shall fix a reasonable time for the hearing, giving public notice thereof, and due notice to the parties involved pursuant to section 24-459.
(4)
In exercising the powers granted, the local planning agency may, in conformity with the provisions of this article, reverse, affirm, wholly or in part, or may modify the order, requirements, decision, or determinations of the director and may issue or direct the issuance of a compliance permit.
(5)
Action to grant or deny the request shall be taken within 30 days of the meeting at which the request is heard.
(6)
In the case of denial of a request, written notice of the reason for denial shall be sent to the applicant within 30 days of the meeting at which the action was taken.
(7)
Any petition for a hearing before the local planning agency may be withdrawn at the discretion of the applicant upon written notice to the director.
(8)
Failure of any person to appear at the hearing set forth in accordance with the provisions of this article shall constitute a waiver of his right to an appeal on the notice.
(9)
At the hearing, any party may appear in person or by agent or attorney.
(10)
Standing to appeal shall be limited to those property owners affected by the decision of the planning and zoning director.
(11)
Appellants may be required to assume such reasonable costs as the board of county commissioners may determine through action in setting fees to be charged.
(12)
An appeal stays all proceedings in furtherance of the action appealed from, unless the planning and zoning director from whom the appeal is taken certifies to the land planning agency after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the local planning agency or by a court of record on application or notice to the planning and zoning director from whom the appeal is taken and on due cause shown.
(13)
The concurring vote of a majority of the members of the local planning agency who are present and voting shall be necessary to reverse any order, requirement, decision, or determination of the planning and zoning director or to decide in favor of the appellant in respect to any matter upon which it is required to pass under the terms of article III of this chapter or to effect any variance of article III of this chapter.
(14)
Any person, severally or jointly, aggrieved by the decision of the local planning agency regarding their application may within 30 days thereafter appeal that decision to the board of county commissioners.
(c)
Appeals of county manager decisions. An appeal from any decision of the county manager concerning any order, requirement, decision or determination made by the county manager may be taken by any person aggrieved or by any officer, agency or bureau of the county affected by any such action of the county manager.
(1)
Appeals to the land planning agency (LPA) shall be taken by filing a written notice of appeal within 30 days after a rendition of any such order, requirement, decision or determination, with the director specifying the grounds for review of the decision.
(2)
The notice of appeal may be accompanied by such other materials and drawings as are needed by the local planning agency to clearly understand the substance of the appeal.
(3)
Before rendering a decision upon the appeal, the local planning agency shall review the request at its next regularly scheduled meeting. The local planning agency shall fix a reasonable time for the hearing, giving public notice thereof, and due notice to the parties involved pursuant to section 24-459.
(4)
In exercising the powers granted, the local planning agency may, in conformity with the provisions of this article, reverse, affirm, wholly or in part, or may modify the order, requirements, decisions, or determinations of the county manager and may issue or direct the issuance of a compliance permit.
(5)
Action to grant or deny the request shall be taken within 30 days of the meeting at which the request is heard.
(6)
In the case of denial of a request, written notice of the reason for denial shall be sent to the applicant within 30 days of the meeting at which the action was taken.
(7)
Any petition for a hearing before the local planning agency may be withdrawn at the discretion of the applicant upon written notice to the county manager.
(8)
Failure of any person to appear at the hearing set forth in accordance with the provisions of this article shall constitute a waiver of his right to an appeal on the notice.
(9)
At the hearing, any party may appear in person or by agent or attorney.
(10)
Standing to appeal shall be limited to those property owners affected by the decision of the county manager.
(11)
Appellants may be required to assume such reasonable costs as the board of county commissioners may determine through action in setting fees to be charged.
(12)
An appeal stays all proceedings in furtherance of the action appealed from, unless the local planning agency after the notice of appeal is filed that, by reason of facts stated in the certificate, determines that a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the local planning agency or by a court of record on application from whom the appeal is taken and on a showing of due cause.
(13)
The concurring vote of a majority of the members of the local planning agency who are present and voting shall be necessary to reverse any order, requirement, decision, or determination or to decide in favor of the appellant in respect to any matter upon which it is required to pass under the terms of article III of this chapter or to effect any variance of article III of this chapter. Any person, severally or jointly, aggrieved by the decision of the local planning agency regarding their application may within 30 days thereafter appeal that decision to the board of county commissioners.
(d)
Appeals of development standard. Any developer may appeal to the board of county commissioners the application of any development standard imposed by this chapter. The application for waiver may be made with the planning and zoning department, which shall bring the matter before the board of county commissioners and make a recommendation on the application. The board of county commissioners may take testimony from the applicant or other persons, and shall make a decision on the variance using the same criteria as the land planning agency (LPA) review of zoning variances.
(LDR 2014, pt. 10.03.00; Ord. No. 2013-04, § 1, 7-15-2014)