REVISED 04-21-2014
D. General Review Process
Fee waiver applications which are in accord with the submittal and review criteria herein shall
be approved by the Administrator within 30 business days. For applications which cannot be
approved, the Administrator shall schedule the application for review by the Land Use Hearing
Officer (LUHO) to consider an Exception and shall notify the petitioner of the hearing date in
writing, at which time the petitioner may request the application be withdrawn.
1. LUHO Review
– At the hearing, the petitioner shall be responsible for providing
testimony to the LUHO regarding the merits of the case. The LUHO may consider the
application for approval in the form of an Exception to the criteria. Exception requests
shall be reviewed in a non-noticed proceeding and the LUHO shall render a written
decision within 5 working days of the proceeding. If the Exception is denied by the
LUHO, the decision is final and may not be appealed.
E. Administrative Review Criteria for Personal Requests
Fee waivers shall not be approved by the Administrator when the request is in connection with
commercial businesses, for-profit enterprises, real estate speculation, the subdivision of
property for the market sale of lots and similar ventures.
The Administrator shall approve fee waivers when the request is in accord with the following
criteria:
1. The household income of the applicant or the household income of the beneficiary of
the review process for which the fee waiver is sought, whichever is greater, does not
exceed 80 percent of median income or below taken from the Federal Housing and
Urban Development (HUD) Area Median Income Chart for Hillsborough County.
2. The request is to relieve personal financial hardship for land use applications under the
following circumstances:
a. Applications affecting the applicant’s homestead.
b. Applications affecting property the applicant proposes to homestead, provided
the side of property does
c. Applications that will allow a member of the applicant’s immediate family to
homestead the property or subdivided portion thereof.
F. Administrative Review Criteria for Non-Profit Organization Requests
Requests for fee waivers by non-profit agencies shall be considered only if the organization
meets the requirements of Section 9.7.C.2 herein. Such requests shall be reviewed on the basis
of the documentation submitted in accordance with said section, including the Affidavit of
Financial Hardship, without need for further evidence of financial hardship.
G. LUHO Review Criteria for Exceptions
All fee waiver requests not approved by the Administrator shall be scheduled for review by the
LUHO for consideration of an Exception, unless the request is withdrawn by the petitioner.
The LUHO shall conduct an independent review of the request based on the criteria herein and
the testimony at the proceeding. In granting an Exception, the LUHO shall be required to find
extraordinary financial circumstances, emergency, catastrophe or staff error which are outside
the scope of the Administrator’s authority to consider.