Application Type | Board Responsible for Reviewing Appeal |
Minor Building Design | Architectural Appearance Committee (AAC) |
Minor
Certificate of Appropriateness
|
Historic Preservation Committee (HPC) |
Single-Family or Duplex Unit Flex Allocation | City Commission |
All other application types and waiver requests |
Zoning Board of Appeals (ZBA) |
2. A party aggrieved by a final decision by the P&Z, by the AAC on a Major Building Design application, or by the HPC on a Major Certificate of Appropriateness application may appeal the decision to the City Commission in accordance with this section, including the procedures as set forth in Section 155.2424.C.
3. A party aggrieved by a final decision by the Zoning Board of Appeals as provided for herein, may petition the Circuit Court for issuance of a Writ of Certiorari in the manner and within the time provided for the Florida Rules of Appellate procedure.
4. A party aggrieved by a final decision by the City Commission as provided for herein, may petition the Circuit Court for issuance of a Writ of Certiorari in the manner and within the time provided for the Florida Rules of Appellate procedure.
5. Decisions relating to application of the Building Code are appealable in accordance with the Florida Building Code and Chapter 152 (Buildings) of the
Code of Ordinances
.
1. Step 1: Pre-Application Meeting
Optional (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.), except that an appeal shall be initiated by filing a written Notice of Appeal and appeal application with the Development Services Director within 30 days of the date of the rendered Development Order, decision or interpretation being appealed.
4. Step 4: Staff Review and Action
Applicable, except that on accepting a Notice of Appeal and appeal application, the Development Services Director shall transmit the notice, application, and all the papers, documents, and other materials relating to the appealed interpretation or decision to the appropriate appellate body. These materials constitute the record of the appeal.
5. Step 5: Public Hearing Scheduling and Notice
Applicable (See Section 155.2305.), except that the Development Services Director shall also provide notice of the public hearing to the applicant for the decision being appealed, if different from the appellant.
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
The following alternative procedures and standards shall apply:
a. Public Hearing and Review
i. The appellate body shall conduct a quasi-judicial hearing on the appeal in accordance with the procedures and special considerations required by Section 30.08 of the
Code of Ordinances
and by state law.
ii. The appellate body shall review the Notice of Appeal and appeal application, the record of the decision or interpretation being appealed, arguments from the appellant, who may appear in person, by agent or by attorney, identifying the grounds for the appeal and basis for the alleged error in the decision being appealed, responding arguments from city staff, and any other relevant comments by other interested parties.
b. Decision
The final decision of the appellate body shall be one of the following:
i. Affirmation of the decision or interpretation (in whole or in part);
ii. Modification of the decision or interpretation (in whole or in part); or
iii. Reversal of the decision or interpretation (in whole or in part).
c. Super-Majority Vote by the Zoning Board of Appeals
The concurring vote of at least five members of the ZBA is required for the board to modify or reverse a decision or interpretation by the Development Services Director.
D. Review Standards
1. The appellate body shall review an Appeal in accordance with the standards of this Code applicable to the decision or interpretation being appealed, and shall base its decision solely on the record established below in making the decision or interpretation being appealed. The record shall consist of all documents, hearing records, and other materials related to the decision or interpretation.
2. The appellate body may modify or reverse a decision or interpretation on appeal (in whole or in part) only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the application of the relevant standards or provisions of this Code.
E. Effect of Pending Appeal
A pending appeal stays all city actions in furtherance of the decision appealed from unless the Development Services Director certifies to the appellate body reviewing the decision that because of facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by an order issued by the appellate body.
F. Effect of Appeal Decision
To the extent a decision on an appeal pertains to application of a particular provision of this Code in a particular circumstance, the appeal decision shall be binding on subsequent decisions by the Development Services Director or other city administrative official applying the same provision of this Code in the same circumstance.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-32, passed 12-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-43, passed 2-26-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-75, passed 9-8-15
; Am. Ord. 2017-23, passed 1-24-17; Am. Ord. 2019-29
, passed 2-26-19
; Am. Ord.
2019-110
, passed 9-24-19; Am. Ord. 2020-22, passed 1-14-20; Am. Ord. 2023-42, passed 3-14-23)