§ 11.05.04. Filing of Hearing Officer's Recommendation

A.

Generally

Within 14 days after the conclusion of the hearing, the Hearing Officer shall prepare and file with all parties a written recommendation.

B.

Specifically

1.

If the Hearing Officer finds that the development order at issue, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is not unreasonable or does not unfairly burden the use of the owner's property, the Hearing Officer must recommend that the development order or enforcement action remain undisturbed and the proceeding shall end, subject to the owner's retention of all other available remedies.

2.

If the Hearing Officer finds that the development order or enforcement action, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is unreasonable or unfairly burdens use of the owner's property, the Hearing Officer, with the owner's consent to proceed, may recommend one or more alternatives that protect the public interest served by the development order or enforcement action and regulations at issue but allow for reduced restraints on the use of the owner's real property, including, but not limited to:

a.

An adjustment of land development or permit standards or other provisions controlling the development or use of land.

b.

Increases or modifications in the density, intensity, or use of areas of development.

c.

The transfer of development rights.

d.

Mitigation, including payments in lieu of onsite mitigation.

e.

Location on the least sensitive portion of the property.

f.

Conditioning the amount of development or use permitted.

g.

A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development.

h.

Issuance of the development order, a variance, special exception, or other extraordinary relief, including withdrawal of the enforcement action.

i.

Purchase of the real property, or an interest therein, by an appropriate governmental entity.

C.

Agreement For Permissible Use

The owner and the County may enter into an agreement as to the permissible use of the property prior to the Hearing Officer entering a recommendation. An Agreement for a Permissible Use must be incorporated in the Hearing Officer's recommendation.

D.

Copy To Florida Department Of Community Affairs

The Hearing Officer shall send a copy of the recommendation in each case to the Department of Legal Affairs. Within 15 days after its action on the Hearing Officer's recommendation, the County Administrator shall notify the Department of Legal Affairs in writing as to what action the County took on the Hearing Officer's recommendation.

E.

Response To Hearing Officer's Recommendation

Within 45 days after receipt of the Hearing Officer's recommendation, the Board of County Commissioners, in consultation with other governmental entities participating in the proceeding, must:

1.

Accept the recommendation of the Hearing Officer as submitted and proceed to implement it by development agreement, when appropriate, or by other method, in the ordinary course and consistent with the rules and procedures of the County. However, an owner is not required to duplicate previous processes in which the owner has participated in order to effectuate the granting of the modification, variance, or special exception;

2.

Modify the recommendation as submitted by the Hearing Officer and proceed to implement it by development agreement, when appropriate, or by other method, in the ordinary course and consistent with the rules and procedures of the County; or

3.

Reject the recommendation as submitted by the Hearing Officer. Failure to act within 45 days is a rejection unless the period is extended by agreement with the owner.

F.

Available Use Decision

If the Board of County Commissioners accepts the Hearing Officer's recommendation or modifies it and the owner rejects the acceptance or modification, or if the County rejects the Hearing Officer's recommendation, the County must issue a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property.