(A) An applicant may appeal a denial of a certificate of capacity on three grounds:
(1) A technical error;
(2) The applicant provided alternative data or a traffic mitigation plan that was rejected by the city;
(3) The appeal of denial of a certificate of capacity shall be filed in writing within 15 days of the date of denial with the Planning Department. A recommendation will be formulated by the Planning Department with regard to the appeal and transmitted to the City Manager within 30 days of the receipt of request for appeal. A final decision will be made by the City Manager within 15 days upon receipt of the staff recommendation. Appeal of a denial of certificate of capacity by the City Manager shall be made requesting a hearing before the City Commission. The appeal shall be filed with the City Clerk within 30 days of denial by the City Manager. Appeal of denial by the City Commission can be made by filing a petition to the Circuit Court of Seminole County, Florida, pursuant to F.S. § 1.630 as same may be amended from time to time, within 30 days of the date of notice of denial by the City Commission.
(C) If an applicant is denied a development order on concurrency grounds, they may not resubmit the same application for a period of six months from the date the application was denied. If the applicant makes material or significant reductions to the densities and intensities of use in the application, it may be resubmitted at any time.
(Ord. 633, passed 2-18-93)