§ 10.05.02. From Land Use Hearing Officer to Land Use Appeals Board

A.

Generally

Except where a different procedure is set forth elsewhere in this Code, and except for appellate decisions rendered pursuant to 10.05.01, any decision of the Land Use Hearing Officer under this Code may be appealed to the Land Use Appeals Board as set forth below and in Section 10.2 of the Development Review Procedures Manual.

B.

Standing to Appeal

The following shall have standing to appeal a decision of the Land Use Hearing Officer, or to intervene in an appeal that has been filed pursuant to this section:

1.

An applicant who is adversely affected by the Land Use Hearing Officer's decision; or

2.

Any person or entity who:

a.

Was present at the hearing before the Land Use Hearing Officer and presented either oral testimony or documentary evidence; or

b.

Submitted documentary evidence themselves or by proxy prior to or during Land Use Hearing Officer hearing, and

c.

Is adversely affected by the Land Use Hearing Officer's decision.

The Land Use Appeals Board shall determine whether a person or entity has standing to appeal or intervene in an appeal at the appeal hearing.

C.

Notice of Appeal

1.

A Notice of Appeal of a decision shall be filed within 30 calendar days of the date on which the Land Use Hearing Officer rendered the decision in writing. 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.

2.

The Notice of Appeal shall be filed with the Administrator and shall set forth the basis for the appeal.

D.

Referral to Land Use Appeals Board

1.

The Administrator shall schedule the matter before the next regularly scheduled meeting of the Land Use Appeals Board that is at least 20 days from the date the Notice of Appeal was filed.

2.

The Appellant must provide a Notice of Hearing to all parties of record as defined in LDC 10.03.06.A.1 and 10.03.06.A.3 no later than 20 days prior to the Land Use Appeals Board hearing date by proof of mailing receipt.

3.

A copy of the notice of hearing, a list of all parties who were noticed and an executed Certificate of Mailing must be submitted to the administrative office of the Land Use Appeals Board no later than five calendar days prior to the Land Use Appeals Board hearing date.

E.

Continuances

1.

One continuance shall be granted to the appellant and/or property owner, whichever requested the continuance, if the continuance request is filed with the administrative office of the Land Use Appeals Board at least 14 calendar days or more before the Land Use Appeals Board hearing date.

2.

The appellant and/or property owner shall send the notice of continuance by proof of mailing to all parties of record at least 11 calendar days of the Land Use Appeals Board's hearing and shall submit proof of mailing to the administrative office of the Land Use Appeals Board at least 5 calendar days prior to the hearing date. This notification shall include the new time, date, and location of the meeting.

3.

If the criteria for granting a continuance as listed in 10.05.02.E.1 not satisfied, the continuance request shall be considered by the Land Use Appeals Board at its meeting when the petition was scheduled for consideration.

4.

At its discretion for unique circumstances, the Land Use Appeals Board may continue a petition at the Land Use Appeals Board's meeting without notification.

F.

Conduct of Hearing

1.

The hearing shall be limited to the record on appeal, as defined at 10.03.03 H of this Article, and shall consist of oral argument by the Administrator, party appealing the decision, and any intervenor(s), each of whom may be represented by legal counsel.

2.

In addition to the record on appeal, the Land Use Hearing Officer and parties to the appeal may freely refer to the following:

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.

G.

Authority of Land Use Appeals Board

The Land Use Appeals Board shall review the record on appeal and hear argument from parties who have standing to appeal or intervene in an appeal. The Land Use Appeals Board shall have the authority to either uphold the Land Use Hearing Officer's decision remand the case back to the Land Use Hearing Officer, or overturn the Land Use Hearing Officer's decision pursuant to 10.05.02.G.2.

1.

If the Land Use Appeals Board remands a case back to the Land Use Hearing Officer, the Land Use Appeals Board shall specify the reason for the remand and specify the issues for the Land Use Hearing Officer to address. Notice for remanded hearings before the Land Use Hearing Officer shall be in accordance with 10.03.02.D.2.d.

2.

The Land Use Appeals Board may overturn the decision of the Land Use Hearing Officer only if the all following criteria have been met:

a.

The case has been remanded one time by the Land Use Appeals Board to the Land Use Hearing Officer; and

b.

Based upon the record on appeal, if the Land Use Appeals Board finds that one or more of the official findings of fact and the conclusions of law as found in the decision of the Land Use Hearing Officer is unsupported by competent and substantial evidence in the record or if the essential requirements of the law have not been followed; and

c.

A supermajority of five (5) Land Use Appeals Board members vote to overturn the Decision of the Land Use Hearing Officer.

3.

If the Land Use Appeals Board overturns the Decision of the Land Use Hearing Officer, the Land Use Appeals Board must make findings of fact and conclusions of law. The Land Use Appeals Board may accept, reject or modify the Land Use Hearing Officer's findings of fact and conclusions of law in making the final decision. In addition, the Land Use Appeals Board may impose reasonable conditions on the permit request, if granting the request.

H.

Finality of Decision

The decision of the Land Use Appeals Board shall be rendered at the conclusion of the hearing but shall be reduced to writing. Final decisions of the Land Use Appeals Board may be challenged by any persons with standing under state law, in whatever way authorized by state law.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 98-43, § 2, 7-17-98; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 06-34, § 2(Exh. A), 11-2-06; Ord. No. 15-32, § 2(Exh. A) (15-1270), 12-8-15, eff. 12-14-15)