An appeal to an order, requirement decision or determination made by the Director of Community Development in the administration and enforcement of the City’s Land Development Code (LDC) is permitted by Section 12-72. Such appeal must go to a public hearing before the Board of Adjustment. From filing to final decision, an appeal petition typically takes two (2) months. The planner assigned to your petition will be your main contact person throughout the process.
(c)(1) Powers and duties. The Board of Adjustment shall have the following powers and duties:
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Director of Community Development in the administration and enforcement of this LDC. (Ord. No. 1161, 2-21-2006; Ord. No. 1252, 8-4-2009)
(d)(6) Appeals: Appeals to the Board may be taken by any person affected by a decision regarding the interpretation of this LDC.
a.
Such appeals shall be filed within ten (10) days of notice of the decision appealed from, by filing with the City a notice specifying the grounds upon which the appeal is based. The appeal shall be transmitted to the Board, including all information containing the record upon which the action appealed from was taken.
b.
No appeal requesting the same relief in regard to the same property shall be received or heard by the Board for a period of one hundred eighty (180) days following the date of any action taken by the Board in the matter, except that this limitation shall not affect the right of the Board to grant a rehearing for cause.
c.
An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Director certifies to the Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property.
d.
In each case, proceedings shall not be stayed otherwise, than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Director of Community Development, or on due cause shown. (Ord. No. 1161, 2-21-2006; Ord. No. 1252, 8-4-2009)
e.
The appellant and any other public agency or private individual shall be entitled to present evidence on matters before the Board and the Board may request additional technical service, advice, or factual evidence as may be necessary from time to time.
The Applicant submits an application to the Community Development Department staff.
Once the application is deemed complete, the petition is scheduled for a public hearing before the Board of Adjustment subject to the timeframe required for notification outlined below. The planner assigned will prepare a staff report for the Board of Adjustment and schedule a public hearing with the Board. The report will give staff’s recommendation to approve or deny the appeal request. The Board will evaluate whether or not sufficient justification exists to make a determination that there is an error in any order, requirement, decision or determination made by the Director of Community Development in the administration and enforcement of the LDC.
Public notice of the request will be done with a newspaper ad published 10 days in advance of the public hearing.
The Board of Adjustment makes the final decision, taking into consideration the staff report and the testimony of the staff, the applicant and the public. The public hearing begins with a presentation of background information by the planner followed by a presentation of the applicant. Applicants are encouraged to attend the hearing. Upon hearing all of the evidence and testimony relative to the appeal petition, the Board shall render a decision based on interpretation of and consistency with the City of Temple Terrace Land Development Code.
The Board of Adjustment shall be the final authority concerning all matters brought before it under the provisions of the LDC and there shall be no further appeal of its decisions to the City Council. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, may seek review of the decision in the circuit court, provided by Florida law.
*Plus Advertising Cost to pay for the legal advertisement required by Florida Statute in the local newspaper. These advertising requirements are performed by the City Clerk and the applicant will be billed separately by that Department subsequent to advertising.
I hereby certify that the information submitted on this application is true and correct to the best of my knowledge at the time of application.
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