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Certain Community Zoning Appeals Board decisions on items such as Zone Changes, certain Use Variances and Appeals of Administrative Decision are appealable to the Board of County Commissioners. To determine if an item is appealable to the Board of County Commissioners, check the posting notice on the bulletin board located at the front of the 11th floor of the Stephen P. Clark Center or call the Zoning Hearings Section. All other items may only be appealed to Circuit Court.
An appealable decision of the Community Zoning Appeals Board may be appealed by:
1. an applicant.
2. an aggrieved party of record.
3. a governing body of any municipality, if affected.
4. Neighborhood Community and Civic Associations.
Appeals must be made by the applicant or by an aggrieved party of record, or by their attorney who is a member of the Florida bar. Appeals cannot be made by a representative such as a Real Estate Broker, Architect, Zoning Consultant, etc., unless it is evidenced by a properly executed Power of Attorney. More than one appeal may be filed on the same application. Unless filed jointly and executed as such, each will be treated separately and the necessary fee is required for each appeal.
Instructions for Filing an Appeal
Appeals must be filed by any of the above within 14 days, (and not thereafter) after the notification that the Community Zoning Appeals Board has taken action on a particular matter. Such notification is given by the Department, by posting the results on the zoning hearing appeals log that may be seen by the public, at the office of the Department of Planning and Zoning.
Appeals are filed with the Public Hearing Section of the Department, and must be filed on the Petition of Appeal to Board of County Commissioners form prescribed by the Director of the Department, accompanied by a check for $855.00. Total including *surcharge: $923.40. Also, the appellant will be assessed an additional fee of the cost of mailing of notices beyond a 500; radius. In addition the $855.00 Appeal filing fee, an appeal of a decision by a Community Zoning Appeals Board (CZAB), must be accompanied by an additional radius fee equal to 1/2; of the original radius fee charge. Check with Zoning Hearings counter personnel for more information.
The appellant will be assessed an additional fee of $684.00 or $912.00 if submitted within 30 days of the hearing to cover revisions to plans, where permitted. The properly executed appeal and check must be received in the aforementioned office by or before 4:30 p.m. on the date specified as the appeal deadline.
The said date may be verified by calling the Public Hearing Section on any working day between the hours of 8:00 a.m. and 5:00 p.m. at 305-375-2640. Appeals must be submitted in person. No appointment is necessary.
Once filed, an appeal may not be withdrawn after 10 days have passed since the date of the decision of Community Zoning Appeals Board, but the Appellant may appear before the Board of County Commissioners and secure a withdrawal with permission of said Board. In no event shall an Appellant be entitled to a refund of the appeal fee.
*NOTE: An 8% Surcharge will be added to all fees Except DERM And Concurrency and will be in effect from 10/1/03 through 9/30/08.
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