§ 10.05.01. From Administrator to Land Use Hearing Officer

A.

Applicability

Except where a different procedure is set forth elsewhere in this Code, any decision of the Administrator under this Code may be appealed to the Land Use Hearing Officer as set forth below and in Section 10.1 of the Development Review Procedures Manual.

B.

Standing to Appeal

1.

Any resident, landowner or any person having a contractual interest in land in unincorporated Hillsborough County and any duly registered neighborhood organization, as described in Section 10.03.02F.1. of this Code, shall have standing to appeal or to intervene in an appeal of a decision of the Administrator that is of general applicability and that is not specifically related to a particular parcel of real property or project.

2.

The following shall have standing to appeal or to intervene in an appeal of a decision of the Administrator that is not of general applicability and that is specifically related to a particular parcel of real property or project:

a.

An applicant of an Administrator's decision who is adversely affected by the Administrator's decision, or

b.

A property owner whose property is the subject of the administrative decision and is adversely affected by the Administrator's decision, or

c.

Any owner of real property as reflected on the current year's tax roll, lying within 500 feet in every direction of the property or project that is the subject of the administrative decision, any condominium and/or owners' association with common property lying within 500 feet in every direction of the property or project that is the subject of the administrative decision and any duly registered neighborhood organization, as described in Section 10.03.02F.1 of this Code whose boundaries lie within one mile of the property or project that is the subject of the administrative decision, or

d.

Any resident, landowner or any person having a contractual interest in land in unincorporated Hillsborough County and any duly registered neighborhood organization, as described in Section 10.03.02F.1. of this Code who demonstrates a direct adverse impact as a result of the administrative decision that exceeds in degree the general interest in community good shared by all persons. The Land Use Hearing Officer shall make the determination if there has been a demonstration of a direct adverse impact sufficient to grant appellant or intervener status, however any information considered in making such a determination shall not be considered a part of the record on appeal except as provided in Section 10.05.01 D. of this Part.

C.

Notice of Appeal

1.

A Notice of Appeal of an administrative decision shall be filed within 30 calendar days of the date on which the Administrator signs the decision or the decision is otherwise rendered in writing.

2.

The decisions of formal Zoning Interpretations shall be signed by the Administrator and filed with the office of the Clerk of the Court - BOCC Records. A Notice of Appeal of a formal Zoning Interpretation shall be filed within 30 calendar days on which the signed Zoning Interpretation is filed with the Clerk of the Court - BOCC Records.

3.

The Notice of Appeal shall be filed with the Administrator and shall set forth a detailed basis for the appeal. Said Notice of Appeal shall be in accordance with the submittal requirements of appeals as defined in Section 10.1 of the Development Review Procedures Manual.

4.

If a Notice of Appeal is filed regarding a decision of the Administrator that is not of general applicability and that is specifically related to a particular parcel of real property or project, the appellant shall mail notice, by proof of mailing receipt, within 5 calendar days of the filing of the appeal to all owners of real property that is the subject of the administrative decision.

5.

Within 20 calendar days of the filing of a Notice of Appeal pursuant to this section, any person with standing pursuant to Section 10.05.01B. may intervene and become a party to the appeal by filing a request for intervention in the same manner as filing an appeal of an administrative decision as provided in Section 10.1 of the Development Review Procedures Manual.

6.

The Administrator shall set the matter for hearing within 50 days of the date of the Notice of Appeal. This period may be extended by agreement of the Administrator, the party appealing the decision and any intervener.

D.

Conduct of Hearing

1.

In general, the hearing shall be limited to the record on appeal, and shall consist of oral argument by the Administrator, the party appealing the decision and any intervener, each of whom may be represented by legal counsel.

2.

The record on appeal shall consist of the following:

a.

The application and any other information submitted by the Applicant to the Administrator.

b.

The written decision of the Administrator and any documents attached thereto.

3.

In addition to the record on appeal, the Administrator, the Appellant and any intervener may freely refer to the following in presenting their cases to the Hearing Officer:

a.

Applicable portions of the Hillsborough County Comprehensive Plan, the Hillsborough County Land Development Code, and any other duly adopted Hillsborough County ordinance, rule or resolution.

b.

Any state or federal statute, rule, or decision.

4.

If either the Administrator, the Appellant or any intervener believes that, in order to fully present his case, evidence other than that listed in 2. and 3. above must be presented to the Hearing Officer, the nature of the additional evidence must be disclosed to the other parties and the Hearing Officer not less than five days before the hearing. At the beginning of the hearing the Hearing Officer shall rule on whether such additional evidence may be presented. The Hearing Officer shall freely allow the presentation of additional evidence pursuant to this subsection where such is relevant to the issue on appeal.

E.

Decision of Hearing Officer

1.

The decision of the Land Use Hearing Officer shall be rendered not later than five working days after the conclusion of the hearing.

2.

The decision of the Hearing Officer shall be reduced to writing and shall include findings of fact, if any, and conclusions of law and state the relief, if any, accorded to the Appellant.

3.

The decision of the Hearing Officer shall be based on the record on appeal and any additional evidence presented in accordance with Section 10.05.01.D of this Part.

F.

Authority of Hearing Officer

Upon a finding of error in the administrative decision, the Hearing Officer shall identify the error and is authorized to take any action that the Administrator was authorized to take under this Code.

G.

Finality of Decision

The decision of the Hearing Officer is final. The Hearing Officer's decision may be challenged by any person with standing under state law, in whatever way authorized by state law.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-36, § 2, 11-12-03; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 06-34, § 2(Exh. A), 11-2-06)

Editor's note

It should be noted that § 4 of Ord. No. 06-34, adopted November 2, 2006, provides for an effective date of February 1, 2007.