§ 102-185. Appeals.

(a)

Authority. The Planning Commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any administrative official with respect to the provisions of this Land Development Code and the standards and procedures hereinafter set forth, except for appeals from actions by the Historic Preservation Commission and appeals from administrative actions regarding the floodplain management provisions of this Land Development Code. Appeals from actions by the Historic Preservation Commission shall be heard by the Division of Administrative Hearings (DOAH), pursuant to Section 135-9. Appeals from administrative actions regarding the floodplain management provisions of this Land Development Code shall be heard by DOAH, pursuant to Section 122-9.

(b)

Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any aggrieved or adversely affected person, as defined by F.S. Section 163.3215(2), or any resident or real property owner from any order, decision, determination or interpretation by any administrative official with respect to the provisions of this Land Development Code.

(c)

Procedures. A notice of appeal in the form prescribed by the Planning Director must be filed with the County Administrator and with the office or department rendering the decision, determination or interpretation within 30 calendar days of the decision. Failure to file such appeal shall constitute a waiver of any rights under this Land Development Code to appeal any decision, interpretation or determination made by an administrative official. Such notice shall be accompanied by the names and addresses of the owner, applicant, property owner, and adjacent property owners. The filing of such notice of appeal will require the administrative official whose decision is appealed to forward to the Planning Commission any and all records concerning the subject matter of the appeal and to send written notice of the appeal to the owner, applicant, property owner, and adjacent property owners, if different from the person filing the appeal, within 15 calendar days of receipt of the notice of appeal.

(d)

Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Planning Commission and the applicant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Planning Commission shall review such certification and grant or deny a stay of the proceedings.

(e)

Action of the Planning Commission. The Planning Commission shall consider the appeal at a duly advertised public hearing following receipt of all records concerning the subject matter of the appeal. Any person entitled to initiate an appeal may, along with county staff and counsel, have an opportunity to address the Planning Commission at that hearing and all parties to the appeal shall have the opportunity to present evidence and create a record before the Planning Commission. Any appeals before the hearing officer shall be based upon and restricted to the record.

(f)

Appeal to hearing officer. Any person participating as an appellant or appellee at the hearing described in subsection (e) of this section may request an appeal of the decision of the Planning Commission, under Chapter 102, Article VI, Division 2 by filing the notice required by that article within 30 days after the date of the written decision of the Planning Commission.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)