Fillable Appeal of Land Use Hearing Ocer Decision Instrucons (Hillsborough County)

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Appeal of Land Use Hearing Ocer Decision Instrucons (Hillsborough County)

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Appeal of Land Use Hearing
Ocer Decision Instrucons
Except where a dierent procedure is set forth in the Land Development Code (LDC), any decision of the Land Use Hearing
Ocer (LUHO), excluding appellate decisions, may be appealed to the Land Use Appeals Board (LUAB) in accordance with
the procedures found in LDC Secon 10.05.02. This secon is included below for your informaon.
It is important to understand that in order to appeal a decision, you must have “standing.” The requirements for having
standing to appeal an administrave decision are found in LDC Secon 10.05.02.B.
You must submit the completed appeal applicaon (pages 4-7 in this packet) within 30 calendar days of when the LUHO
decision was rendered in accordance with the schedule.
It is crical that you submit a fully completed applicaon by the deadline to preserve your appeal rights. If you fail to
submit a fully completed applicaon by the deadline, your appeal rights will be lost. Therefore, if you are planning to
appeal a decision, you are strongly encouraged to submit your applicaon without delay rather than waing unl the last
day.
LDC Secon 10.05.02
A. Generally
Except where a dierent 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 Ocer under this Code may be appealed to the Land Use Appeals Board as set
forth below and in Secon 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 Ocer, or to intervene in an appeal that has been
led pursuant to this secon:
1. An applicant who is adversely aected by the Land Use Hearing Ocer’s decision; or
2. Any person or enty who:
a. Was present at the hearing before the Land Use Hearing Ocer and presented either oral tesmony or documentary
evidence; or
b. Submied documentary evidence themselves or by proxy prior to or during Land Use Hearing Ocer hearing, and
c. Is adversely aected by the Land Use Hearing Ocer’s decision.
The Land Use Appeals Board shall determine whether a person or enty has standing to appeal or intervene in an appeal at the
appeal hearing.
C. Noce of Appeal
1.  A Noce of Appeal of a decision shall be led within 30 calendar days of the date on which the Land Use Hearing Ocer
rendered the decision in wring. Said Noce of Appeal shall be in accordance with the submial requirements of appeals as
dened in Secon 10.1 of the Development Review Procedures Manual.
2. The Noce of Appeal shall be led 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 maer before the next regularly scheduled meeng of the Land Use Appeals Board that
is at least 20 days from the date the Noce of Appeal was led
2. The Appellant must provide a Noce of Hearing to all pares of record as dened 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 noce of hearing, a list of all pares who were noced and an executed Cercate of Mailing must be submied
to the administrave oce of the Land Use Appeals Board no later than ve calendar days prior to the Land Use Appeals
Board hearing date.
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Appeal of Land Use Hearing
Ocer Decision Instrucons
E. Connuances
1. One connuance shall be granted to the appellant and/or property owner, whichever requested the connuance, if the
connuance request is led with the administrave oce 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 noce of connuance by proof of mailing to all pares of record at least
11 calendar days of the Land Use Appeals Board’s hearing and shall submit proof of mailing to the administrave oce of
the Land Use Appeals Board at least 5 calendar days prior to the hearing date. This nocaon shall include the new me,
date, and locaon of the meeng.
3. If the criteria for granng a connuance as listed in 10.05.02.E.1 not sased, the connuance request shall be considered
by the Land Use Appeals Board at its meeng when the peon was scheduled for consideraon.
4. At its discreon for unique circumstances, the Land Use Appeals Board may connue a peon at the Land Use Appeals
Board’s meeng without nocaon.
F. Conduct of Hearing
1. The hearing shall be limited to the record on appeal, as dened at 10.03.03 H of this Arcle, 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 addion to the record on appeal, the Land Use Hearing Ocer and pares to the appeal may freely refer to the following:
a. Applicable porons of the Hillsborough County Comprehensive Plan, the Hillsborough County Land Development Code,
and any other duly adopted Hillsborough County ordinance, rule or resoluon.
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 pares 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 Ocer’s
decision remand the case back to the Land Use Hearing Ocer, or overturn the Land Use Hearing Ocer’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 Ocer, the Land Use Appeals Board shall specify
the reason for the remand and specify the issues for the Land Use Hearing Ocer to address. Noce for remanded hearings
before the Land Use Hearing Ocer 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 Ocer only if the all following criteria have
been met:
a. The case has been remanded one me by the Land Use Appeals Board to the Land Use Hearing Ocer; and
b.  Based upon the record on appeal, if the Land Use Appeals Board nds that one or more of the ocial ndings of fact
and the conclusions of law as found in the decision of the Land Use Hearing Ocer is unsupported by competent and
substanal evidence in the record or if the essenal requirements of the law have not been followed; and
c.  A supermajority of ve (5) Land Use Appeals Board members vote to overturn the Decision of the Land Use Hearing
Ocer.
3. If the Land Use Appeals Board overturns the Decision of the Land Use Hearing Ocer, the Land Use Appeals Board must
make ndings of fact and conclusions of law. The Land Use Appeals Board may accept, reject or modify the Land Use Hearing
Ocer’s ndings of fact and conclusions of law in making the nal decision. In addion, the Land Use Appeals Board may
impose reasonable condions on the permit request, if granng 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 wring.
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.
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Ocer Decision Instrucons
LDC Secon 1.03.04
J. Computaon of Time
The me frame within which an act is to be done shall be computed by excluding the rst and including the last day; if the last
day is a Saturday, Sunday or legal holiday, that day shall be excluded.
LDC Secon 10.03.06
A. Dened. A Party of Record is:
The me frame within which an act is to be done shall be computed by excluding the rst and including the last day; if the last
day is a Saturday, Sunday or legal holiday, that day shall be excluded.
1.  A person who was present at the hearing before the Land Use Hearing Ocer and presented either oral tesmony or
documentary evidence.
2.  A person who was noed of the hearing before the Land Use Hearing Ocer by proof of mailing pursuant to the terms of
this Code.
3.  A person who submied documentary evidence to the master le two business days prior to the Land Use Hearing Ocer
hearing or by proxy during the Land Use Hearing Ocer hearing.
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Appeal of Land Use Hearing
Ocer Decision Applicaon
Important Instrucons to All Appellants:
Email your completed applicaon to ZoningIntake-DSD@HCFLGov.net or visit HCFLGov.net/DigitalDropO.
All requirements listed on the submial checklist must be met. Incomplete applicaons will not be accepted.
For quesons regarding the appeal process, please call (813) 307-4739 or send an e-mail to
ZoningIntake-DSD@HCFLGov.net
Ocial Use Only
Applicaon No: Intake Date: Receipt Number: Intake Sta Signature:
Land Use Hearing Ocer (LUHO) Decision Being Appealed
Applicaon Number of Decision:
Subject Property Address (If Applicable):
Folio(s):
Appellant Informaon
Name: Dayme Phone:
Address:
City: State: Zip:
Email: Fax Number:
Appellant’s Representave (Must be Legal Counsel)
Name: Dayme Phone
Address:
City: State: Zip:
Email: Fax Number:
I hereby swear or arm that all the informaon provided in the submied applicaon packet is true and accurate,
to the best of my knowledge, and authorize the representave listed above to act on my behalf on this applicaon.
Signature of the Appellant Type or print name
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Appeal of Land Use Hearing
Ocer Decision Applicaon
Standing to Appeal
An appellant must show standing to appeal as shown below. Please idenfy your basis for standing (check one).
An applicant who is adversely aected by the Land Use Hearing Ocer’s decision.
A person or enty who was present at the hearing before the Land Use Hearing Ocer and presented either oral
tesmony or documentary evidence and is adversely aected by the LUHO’s decision.
A person or enty who submied documentary evidence themselves or by proxy prior to or during the Land Use
Hearing Ocer hearing and is adversely aected by the LUHO’s decision.
Written Statement
(Describe Basis of Appeal)
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Adavit to Authorize
Representave
(Must be legal counsel)
State of Florida
County of Hillsborough
(Name of all appellant), being rst duly sworn, depose(s) and say(s):
1.
That (I am/we are) the appellant for the following decision of the Land Use Hearing Ocer, to wit:
Applicaon number of LUHO decision:
2.
That the undersigned (has/have) appointed
as (his/their) representave in this maer.
3.
That this adavit has been executed to induce Hillsborough County, Florida, to consider and act on the above-
described appeal;
4.
That (I/we), the undersigned authority, hereby cerfy that the foregoing is true and correct.
Signed (Property Owner) Signed (Property Owner)
Type or Print Name Type or Print Name
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me by
means of q physical presence or q online notarizaon,
this day of ,
(year)
, by
.
(name of person acknowledging)
q Personally Known OR q Produced Idencaon
Type of Idencaon Produced
(Signature of Notary taking acknowledgment)
Type or Print Name of Notary Public
Commission number Expiraon date
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me by
means of q physical presence or q online notarizaon,
this day of ,
(year)
, by
.
(name of person acknowledging)
q Personally Known OR q Produced Idencaon
Type of Idencaon Produced
(Signature of Notary taking acknowledgment)
Type or Print Name of Notary Public
Commission number Expiraon date
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__________
__________
__________
__________
__________
__________
Checklist of Submial Requirements for Appeal of LUHO Decision
Incomplete applicaons will not be accepted
Appellant
Inials
Intake
Inials
Requirements
1 __________
2 __________
3 __________
4 __________
5 __________
6 __________
Fee Payment
Applicaon form
(included in this package)
Adavit(s) to Authorize Representave (if applicable) NOTE: Appellant must sign the
Adavit to Authorize Representave. If appellant is a corporaon, submit the Sunbiz informaon
indicang that you are authorized to sign the applicaon and/or adavit.
Wrien Statement of Appeal
Copy of Decision Being Appealed
Evidence of Standing to Appeal
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_________________________________________________________
_________________________________________________________
Noce of Appeal of Land Use
Hearing Ocer Decision
DATE:
APPEAL NUMBER:
APPELLANT:
DECISION BEING APPEALED:
LOCATION OF SUBJECT
PROPERTY OF DECISION:
FOLIO #:
MAILING ADDRESS OF PARTY
OF RECORD:
YOU ARE HEREBY NOTIFIED that an appeal of the Land Use Hearing Ocer decision idened above has been
led with the Hillsborough County Development Services Department and has been scheduled for hearing by
the Land Use Appeals Board (LUAB) pursuant to Secon 10.05.02.D.1 of the Land Development Code.
The appeal hearing before the LUAB has been scheduled for Friday, , at 1:30 p.m.
Meeng locaon:
Please direct all inquiries regarding this appeal to:
Sonia Rodriguez
Manager, Cizen Boards Support
(813) 272-7181
601 E. Kennedy Blvd., 18th Floor Tampa, FL 33601
Appellant Name: ________________________________________________________________
Appellant Address: ________________________________________________________________
Decision being appealed: ________________________________________________________________
Date of decision appealed: ________________________________________________________________
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Appeal of Land Use Hearing Ocer Decision Instrucons (Hillsborough County)

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