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Name(s):

Mailing Address:

City:

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Telephone Number

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Fax Number

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APPLICABLE LAND DEVELOPMENT CODE SECTION:

DETERMINATION BY DIRECTOR:

DESCRIPTION OF APPEAL: ____________________________________________________

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Signature of Applicant Date

 

Required Attachments:

Application fee of $150.00 Per Resolution #2004-131

Pursuant to Section 286.0105 of Florida Statutes, Flagler County hereby notifies all interested persons that if a person decides to appeal any decision made by the Planning Board or Board of County Commissioners with respect to any matter considered at such meetings or hearings, he or she will need a record of the proceedings, and for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.

3.07.04. Procedure for appeals of planning and zoning director's decisions.

A.     Request application. A request for a hearing before the planning board for an appeal of any determination of the planning and zoning director shall be made as follows:

A completed application form shall be filed with the planning and zoning director. Such application shall state the grounds for review of the decision.

The application may be accompanied by such other materials and drawings as are needed by the planning board to clearly understand the substance of the appeal.

B.     Planning board action. The planning board shall review the request at its next regularly scheduled meeting following a fourteen-day period from the date the application is accepted. Action to grant or deny the request shall be taken within thirty (30) days of the meeting at which the request is heard.

In the case of denial of a request, written notice of the reason(s) for denial shall be sent to the applicant within thirty (30) days of that action.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the planning and zoning director certifies to the planning board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be recommended by the planning board or by a court of record on application or notice to the official from whom the appeal is taken and on due cause shown.

In exercising the powers granted, the planning board may, in conformity with the provisions of this article, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determinations of the planning and zoning director and may issue or direct the issuance of a compliance permit.

Any petition for a hearing before the planning board may be withdrawn prior to action thereon by the planning board at the discretion of the applicant upon written notice to the planning and zoning director.

Any person or persons severally or jointly aggrieved by the decision of the planning board regarding their application may within thirty (30) days thereafter appeal that decision to the Flagler County Commission.