(A) Right to appeal. Any party aggrieved by a decision, interpretation, or order made by the Planning and Economic Development Department Director or other administrative official, Board of Adjustment, Planning and Zoning Board, or the City Commission in administering or enforcing the provisions of the Land Development Code may appeal the decision, interpretation, or order.
(B) Appeal of Planning and Economic Development Department staff interpretation.
(1) Code interpretations made by the Planning and Economic Development Department staff are subject to appeal to the Planning and Zoning Board or Board of Adjustment as outlined in this subchapter by the petitioner or an affected person based on lack of competent and substantial evidence to support staffs decision.
(2) In addition to the application and associate fees the person filing the appeal shall submit a written statement to the Director of the Planning and Economic Development Department stating why they believe that the staff's decision was not based on competent and substantial evidence.
(3) The applicant filing the appeal shall bear the cost of all advertising and notice requirements associated with the appeal.
(4) The appeal shall be presented to the Planning and Zoning Board as soon as practicable, subject to the notice requirements and procedures set forth herein, for a final determination as to whether or not there was competent and substantial evidence to support staffs interpretation.
(5) The appeal shall be presented to the City Commission as soon as practicable, subject to the notice requirements and procedures set forth herein, for a final determination as to whether or not there was competent and substantial evidence to support the board's ruling. The City Commission may remand the quasi-judicial proceeding back to the board for further consideration by the board in a quasi-judicial hearing, subject to the notice requirements and procedures for the board set forth herein.
(C) Appeal of Board decisions.
(1) Decisions of the Board of Adjustment or the Planning and Zoning Board, collectively known as "Board", in quasi-judicial proceedings are subject to appeal to the City Commission by either the city, petitioner, or an affected person as defined in this Code based on lack of competent and substantial evidence to support the board's ruling.
(2) Any person seeking to appeal must file a written request to appeal with the Director of Planning and Economic Development, or designee, no later than noon on the seventh calendar day following the meeting at which the Board has rendered a final decision.
(3) The applicant filing the appeal shall submit a written statement to the Director of Planning and Economic Development no later than ten days before City Commission meeting at which the appeal shall be heard. This written statement shall state with specificity why the appellant believes that the Board's decision was not based on competent and substantial evidence. This written statement shall be included in the agenda for the City Commission meeting at which time the appeal shall be heard
(4) The person filing the appeal shall bear the cost of all advertising and notice requirements associated with the appeal.
(5) The appeal shall be presented to the City Commission as soon as practicable, subject to the notice requirements and procedures set forth herein, for a final determination as to whether or not there was competent and substantial evidence to support the board's ruling.
(D) Appeal of City Commission decisions. The final determination of the City Commission with regards to the applications specified in this LDC is subject to judicial review in a court of competent jurisdiction.
(E) Hearings. Hearings before the Planning and Zoning Board and City Commission are not trials de novo but rather appellate in nature. Appeals shall be limited to the written record and new additional evidence shall not be presented.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022-02, passed 6-15-22)