Hillsborough County Unincorporated
City Zoning Code

ARTICLE X

ADMINISTRATION

Sec. 10.00.01. - Purpose

This Article sets forth the general application and review procedures required for obtaining development orders and development permits. This Article also specifies the procedures for appealing or requesting reconsideration of decisions, and seeking rezonings, special uses, variances, and legislative action.

(Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)

Sec. 10.00.02. - Development Review Procedures Manual

Generally

The Administrator is authorized and directed to prepare a Development Review Procedures Manual (DRPM) containing supplemental administrative regulations and procedures, forms, applications, fee schedules, submittal requirements, internal review procedures, charts and related materials, consistent with the intent and content of this Code, and necessary to facilitate the efficient, effective and equitable administration of this Code.

Format and Publication

The Development Review Procedures Manual shall be drafted in plain English, shall have a table of contents and index, and shall be published and made available to the general public at a cost not exceeding the actual cost of duplication.

Approval by Board of County Commissioners

The Development Review Procedures Manual shall be completed and submitted to the County Commission for approval by resolution within six months of the adoption of this Code. Amendments to the Manual shall be presented to the County Commission for approval by resolution.

(Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)

Sec. 10.00.03. - Withdrawal Of Applications

An applicant may withdraw an application for development review at any time upon written notification to the Administrator.

(Ord. No. 08-29, § 2, 2-1-09)

Sec. 10.00.04. - Reapplication After Denial By the Board or Appropriate Final Review Body

General Reapplication Requirements

Any request for amendment to the text of this Code, the Schedule of District Regulations, or the Zoning Atlas, that was denied by the Board or Land Use Hearing Officer, shall not be resubmitted for review and consideration until a minimum of one full year has passed, measured from the date the request was denied. Unless waived by the Board of County Commissioners, the one year prohibition on such resubmission shall be extended by any period during which the denial is subject of litigation or appeal initiated by the applicant. If a new but similar request is submitted for review and consideration prior to the completion of the year, the Administrator shall review the request to determine if the following changes have been made:

The request is a minimum of 25 percent less intense in terms of fewer units, if residential, or contains a minimum of 25 percent less square footage or a 25 percent lower floor area ratio of nonresidential;

If the same intensity as described in 1. above, the project height and/or lot coverage has been reduced; or

The concerns raised by staff, the public, and/or the reviewing body as reasons for the denial, may have been corrected.

The determination by the Administrator shall be in writing.

Reapplication of Alcoholic Beverage Development Permit Requests After Denial by the Hearing Officer

In the case of Alcoholic Beverage Development Permits, the request must be of a lesser intensity use in order not to be deemed a similar application. For example, a 2-COP (beer and wine on and off premises) is of a lesser intensity then a 4-COP (beer, wine, and liquor on and off premises). A reapplication may also be considered by the Hearing Officer within one year when substantial changes have occurred in the area adjacent to the subject site which may have a bearing on the consideration of the proposed Alcoholic Beverage Development Permit.

If one or more of these changes is present and the Administrator finds that the changes are significant enough to warrant a new review, the request shall be submitted as if it were a new request.

(Ord. No. 06-18, § 2, 8-1-06; Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)

Sec. 10.00.05. - Reconsideration of Matter by the Board of County Commissioners

Reasons for Reconsideration

In addition to the exceptions to the one-year resubmittal and consideration requirements referenced above, the Board may reconsider its denial of a request for amendment to the text of this Code, the Schedule of District Regulations, or the Zoning Atlas, for any of the following reasons:

Mistake.

Fraud or misrepresentation.

In the case of fraud or misrepresentation regarding Board action, the Board may upon its own motion, on the grounds of a mistake, fraud, or misrepresentation reconsider its denial anytime prior to and including the date and time for its second regularly-scheduled Land Use meeting to be held after the denial. A petitioner may request, on the grounds of a mistake, fraud, or misrepresentation, reconsideration of denial. Any such request shall be submitted in writing to the Board no later than 15 days prior to the date and time set for the second regularly-scheduled Land Use meeting held after the denial. The Board shall give reasonable notice to the petitioner of the date and time it establishes to review his request, or the Board's motion, for reconsideration. If reconsideration is granted, the Board shall establish a hearing date for the reconsideration, and notice of it shall be given as provided in 10.03.04B.

(Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)

Sec. 10.00.06. - Reconsideration of Matter by the Administrator

Reasons for Reconsideration

In the case of fraud or misrepresentation regarding Administrator action, when the specified appeal period has expired and no appeal was filed, the Administrator may reopen and reconsider determinations made concerning nonconformities. In cases where it is reasonable to conclude that there was 1) misrepresentation, 2) fraud, or 3) mistake, the following procedure shall be used:

The Administrator shall notify the affected property owner that the previous decision is being reconsidered. Written notice shall be provided by proof of mailing to all owners-of-record of property immediately adjacent to the property, as well as across the road.

Anyone so noticed, including the affected property owner, shall be given 30 days in which to supply the Administrator all the materials to be used in making a determination. Such parties shall have the right to appeal the Administrator's decision to reopen the matter, before a new determination is made.

The Administrator may, if necessary, hold a meeting with appropriate parties to discuss the materials.

Within a reasonable period of time, the Administrator shall make a written determination and shall send said written determination to all parties who previously received notice.

The normal 30-day appeal period will be in effect following the written decision.

(Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)

Sec. 10.00.07. - Post-Permit Changes

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit in accordance with the requirements of this Article. A written record of the modification shall be entered upon the original permit and maintained in the files of the Department.

(Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)

Sec. 10.01.01. - Applicability

Generally

The procedures in this Part shall be followed whenever a permit (e.g. building permit) is necessary to implement a specific part of an approved development plan, such as a subdivision plat, site development plan, or planned development.

Specifically

The procedures in this Part shall be followed whenever this Code provides as such for review of specific types of proposed development.

Sec. 10.01.02. - General Description of Procedure to be Followed

Development permits may be issued by the Administrator after a finding by the administrator that the proposed development activity complies with all applicable provisions of this Code and other County regulations.

Sec. 10.01.03. - Application

Submittal

A request for a development permit shall be initiated by filing an application and submittals as prescribed in Section 4.0 of the Development Review [Procedures] Manual.

Completeness Review

The application and submittals shall be reviewed for completeness as prescribed in Section 4.0 of the Development Review [Procedures] Manual.

(Ord. No. 01-26, § 2, 9-12-01)

Sec. 10.01.04. - Review and Decision

Within a designated number working days as described in Section 4.0 of the Development Review [Procedures] Manual of receipt of a complete application, the Administrator shall review the proposal and decide whether to grant or deny the requested development permit. The Administrator's decision shall be based on whether the proposal complies with all applicable provisions of this Code and other County regulations. The Administrator's decision shall be in writing in the form of a letter to the applicant. The decision shall be sent by registered mail to the applicant.

(Ord. No. 01-26, § 2, 9-12-01)

Sec. 10.01.05. - Subdivision Review Procedures

Pre-Application Procedures

Determination of Required Review. Prior to the submittal of any application for subdivision review, a determination shall be made by the Administrator regarding the type of subdivision review required.

Presubmittal Conference. The Applicant may request that the Administrator arrange a presubmittal conference to be attended by representatives of reviewing agencies and the Applicant. The purpose of the presubmittal conference is to provide information to a potential Applicant concerning the information needed for submittal and the standards and other requirements to be met. The reviewing agencies may include Planning and Growth Management Department (Natural Resources, Zoning Compliance, Comprehensive Plan Compliance, Traffic Operations, Stormwater Management, Water and Wastewater Utilities, and Adequate Public Facilities Determination), School Board, Fire Department, 911, Environmental Protection Commission, and FDOT, if applicable.

Expedited Review Procedures

Certified Parcel Subdivision Review

Where a division of land qualifies for Certified Parcel Subdivision review, the Administrator shall certify parcels and the subdivision of such parcels in accordance with the following procedures:

The Applicant shall make application for Parcel Certification, or for certification of the subdivision of a parcel, on forms provided by the Administrator and shall provide such information as set forth in the Development Review Procedures Manual, Section 4.1.4.

All parcels to be certified and the subdivision of such parcels shall be reviewed for compliance with all applicable regulations, including but not limited to wetlands, upland habitat, access, and zoning.

Upon review and approval of a Certified Parcel Subdivision, the Administrator shall attach the following notation to the record: "The lot(s) hereby described: (insert or refer to the legal description(s)) is a subdivision of a certified parcel as certified by the Administrator and may not be further subdivided under the provisions for subdividing a Certified Parcel."

In any instance where a folio number has not previously been assigned to a certified parcel, the Administrator shall ensure that such number is assigned and made part of the permanent record.

Platted Subdivision With No Improvements Required

Platting shall be required for subdivisions with no improvements proposed or required, not meeting the Certified Parcel Subdivision requirements. The plat shall meet the survey standards as set forth in Chapter 177, Florida Statutes and the Florida Administrative Code, for platting requirements and shall be prepared, signed and sealed by an individual registered by the State of Florida as a Professional Surveyor and Mapper.

Application shall provide information as set forth in the Development Review Procedures Manual, Section 4.1.4.

All necessary easements required for the plat, shall be submitted and approved by the County Real Estate Department prior to acceptance of the plat. Lots within a previously approved platted residential subdivision with no improvements with easement access may not be further subdivided pursuant to this subsection if the total number of existing lots also served by the easement exceeds three (3). This requirement shall not be varied.

Upon receipt of certification from the Administrator that the plat meets all state and local technical requirements, the Chairperson of the Board of County Commissioners has the delegated authority to approve and sign the plat. Whenever land comprising all or part of an existing subdivision plat of record is proposed as all or part of a new subdivision, all or part of the existing plat shall be vacated through Board resolution prior to Board approval of the Final Plat. Board approval of vacating any plat, either in whole or in part, shall be contingent upon a showing that the persons making the application for said vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated. It must be further shown that the vacation by the Board will not affect the ownership or the right of convenient access of persons owning other parts of the subdivision.

The applicant is responsible for providing a mylar copy, in addition to the original mylar, for recordation, and for providing the recordation fee. The approved plat shall be recorded with the Clerk of the Circuit Court within five working days of the Chairperson's approval. Building Permits shall not be issued until after plat recordation.

Minor Subdivisions

A minor subdivision is a residential subdivision in a Rural Service Area with up to ten (10) lots that does not meet the Certified Parcel Subdivision requirements. (See Figures 1 and 2).

Lots within a previously approved Minor Subdivision or Platted Subdivision with No Improvements may be further subdivided pursuant to this subsection only if the total number of new and existing lots would not exceed ten (10).

A Minor Subdivision shall have access to a public street which has been accepted for maintenance by Hillsborough County, a municipality or the Florida Department of Transportation. All lots within a Minor Subdivision shall have driveway access either to an easement, Low Volume Private Road or, subject to the Access Management provisions of this Code, to a publicly maintained road.

Flag Lots: No lot within a Minor Subdivision may have access onto an improved and maintained public road by flag lot.

Platting is required for Minor Subdivisions. The plat shall meet the survey standards as set forth in Ch. 177, Florida Statutes and the Florida Administrative Code, for platting requirements and shall be prepared, signed and sealed by an individual registered by the State of Florida as a Professional Surveyor and Mapper.

The plat shall be reviewed administratively and approved by the Board of County Commissioners, and thereafter recorded in the public records of Hillsborough County.

The applicant is responsible for providing a mylar copy, in addition to the original mylar, for recordation. The approved plat shall be recorded by the Planning and Growth Management Department with the Clerk of the Circuit Court within five (5) working days of being notified that the plat has been signed by the Chairperson of the Board of County Commissioners and upon receipt of the recording fee from the applicant.

Submittal and review requirements for a Minor Subdivision shall be as set forth in the Development Review Procedures Manual.

All necessary easements required for the plat shall be submitted and approved by the County Real Estate Department prior to acceptance of the plat.

Building permits shall not be issued until after plat recordation and the Low Volume Private Road has been constructed and approved.

All other subdivisions requiring platting shall meet the requirements listed below.

Full Review: Platted Subdivision With Improvements

Preliminary Plat

The purpose of the Preliminary Plat is to safeguard the subdivider from unnecessary expense involved in having final engineering drawings and specifications prepared which do not conform to the standards set forth in these regulations. The Preliminary Plat review serves only to show compliance with standards, and does not imply acceptance of final Improvements design drawings (i.e., Construction Plans), or final platting which must conform to these regulations.

An application for review of a Preliminary Plat shall contain information as set forth in the Development Review Procedures Manual, Section 4.1.4.

Construction Plans

Construction plans show the improvement facilities planned for each phase of the preliminary plat, in compliance with subdivision construction standards. Construction plans must correspond to the preliminary plat. Construction plans are submitted after approval of the preliminary plat.

Construction plans shall contain information as set forth in the Development Review Procedures Manual, Section 4.1.4.

Combined Preliminary Plat and Construction Plans

An applicant may elect to submit for a combined preliminary plat and construction plans for review and approval as one permit.

Combined preliminary plat and construction plans shall contain information as set forth in the Development Review Procedures Manual, Section 4.1.4.

Final Plat

The purpose of the final plat is to indicate the final, recorded lot and street layout of the subdivision. The final plat is reviewed administratively and approved by the Board of County Commissioners, and thereafter recorded in the public records of Hillsborough County. It cannot be altered without subsequent Board action. Securities are generally posted at the time of a request for final plat recording.

A Final Plat shall contain information as set forth in the Development Review Procedures Manual, Section 4.1.4.

Expedited Residential Building Permit Program

An applicant may submit residential building permits for up to 100 percent of the lots in a proposed subdivision prior to the approval and recording of a final plat in the public record provided that a complete application is filed for either combined preliminary plat and construction plans or for construction plans following approval of a preliminary plat.

Building permits shall not be issued until all of the following conditions are met:

(1)

Approval of combined preliminary plat and construction plans or construction plans.

(2)

Applicant provides proof that a copy of the approved combined preliminary plat and construction plans or approved preliminary plat and construction plans have been provided to the relevant electric, gas, water, and wastewater utilities.

(3)

Applicant provides a valid performance bond for up to 130 percent of the cost to provide necessary improvements, as defined in Section 177.031, Florida Statutes, for the proposed subdivision that have not been completed upon submission of the building permit application.

(4)

An applicant indemnifies and hold harmless the County, its employees and agents, in accordance with Section 177.073, Florida Statutes.

Building Permit Application

Except for projects electing to follow the expedited residential building permit program as provided in this subsection, no building permit applications shall be accepted by the County (other than permits for Model Homes) until such time as (1) all of the public Improvement Facilities are accepted for maintenance, and all of the private Improvement Facilities are completed and inspected, as required herein; or (2) construction plans for all Improvement Facilities have been approved by the County, and a Financial Guarantee in the amount of 125 percent of the cost to construct the remaining Improvement Facilities is in proper order.

No certificate of occupancy shall be issued, unless: (1) all of the Improvement Facilities are acceptable for maintenance, as required herein or, (2) construction of the Improvement Facilities has been completed with not more than minor construction correction required and provided that 100 percent of the required performance bonds are in proper order.

Issuance of Building Permits and Certificates of Occupancy

Except for projects electing to follow the expedited residential building permit program as provided in this subsection, building permits (other than permits for Model Homes) shall not be issued until after Final Plat recording.

No certificate of occupancy shall be issued, unless: (1) all of the on-site Improvement Facilities are acceptable for maintenance or completed and inspected, as required herein or, (2) construction of the on-site Improvement Facilities has been completed with not more than minor construction correction required and a Financial Guarantee provided as set forth in Section 10.01.05.C.4.a.(2).

Compliance Requirements

Construction inspections shall be conducted by the County in accordance with the requirements of the Development Review [Procedures] Manual, and as-built drawings shall be provided as required by the Development Review [Procedures] Manual.

Financial Guarantees

The applicant shall provide financial guarantees to the Administrator to insure the construction and warranty of the Improvement Facilities. A Financial Guarantee shall be in the form of a surety bond, letter of credit, escrow agreement, or cashier's check, and shall remain in full force and effect for a period of 25 months from the date said Financial Guarantee is received and approved by the Board. Financial Guarantees shall be administered in accordance with the requirements of the Development Review [Procedures] Manual. The amount of a Financial Guarantee shall be determined based upon the approved plans and an engineer's certified estimate of the applicant's probable costs. The Financial Guarantee shall not limit the County from recovering the County's actual costs to construct, replace or repair the Improvement Facilities, as necessary, up to the full amount of the Financial Guarantee.

10.

Model Homes

In any one (1) subdivision phase, up to ten (10) percent of the platted lots or a total of five (5) model homes, whichever is more, may be permitted per subdivision, upon approval of the subdivision construction plans and final plat by the Administrator and the issuance of a Single-Family Natural Resources Permit per 4.01.00 for each unit. In addition to the information required in 4.01.00, the application submittal for the Natural Resources Permit shall include the information listed in Section 6.11.00, Model Dwelling Units and Preconstruction Sales Offices. Certificates of Occupancy shall not be released until the Improvement Facilities for public use are completed and accepted by the Board or until Improvement Facilities for private ownership and maintenance are substantially completed as determined by the Administrator.

Notification of Street Connectivity

An applicant shall provide public notification in accordance with the requirements listed below for any proposed development that, because of cross-connectivity requirements, must provide for either direct or secondary vehicular access on an existing local street that is primarily residential in character.

By proof of mailing of the proposed development to owners of any residential property, as reflected on the current year's tax roll, that abuts the local street being accessed up to a distance of 500 feet from the exterior boundary of the development. The notice shall be mailed no later than five (5) days after the development has been submitted for processing.

Simultaneously with the notice referenced above, notice shall be provided by proof of mailing to all duly registered neighborhood organizations located within one (1) mile of the boundary of the proposed development.

By posting of a sign on the property being developed at the approximate proposed location of the connection with the existing street no later than five (5) days after the development has been submitted for processing. The size and information shown on the sign must be consistent with a template to be provided by the Department of Planning and Growth Management.

Developments that meet the above cross-connectivity notification criteria that have already been subject to a zoning or zoning modification public hearing whereby the issue of access either was or could have been addressed, shall not be subject to the above additional notification requirement.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 09-53, Item U, 6-11-09, eff. 10-1-09; Ord. No. 09-62, Item C, 10-26-09, eff. 2-1-2010; Ord. No. 10-10, § 2, Item K(10-0525), 5-27-10, eff. 6-4-10; Ord. No. 15-15, § 2(Exh. A), Item A.6(15-0499), 6-18-15, eff. 6-25-15; Ord. No. 25-10, § 2(Exh. A), 2-13-25, eff. 2-13-25)

Sec. 10.01.06. - Site Development Plan Review Procedures

Overview. There are three basic steps to the Site Development Plan Review process. They are:

Review of Preliminary Site Development Plan (Optional).

Review of Site Development Construction Plans.

Issuance of Site Development Plan and Natural Resources Permit.

Review of Preliminary Site Development Plan. Unless the applicant chooses to waive this phase of the development process, the applicant shall make application for Preliminary Site Development Plan review on forms provided by the Administrator and shall provide such information as set forth in the Development Review Procedures Manual, Section 4.1.5.

Minor Site Development Review. The Applicant shall submit a completed application, transmittal letter and applicable fees, in addition to the appropriate number of signed, sealed and folded copies of the Minor Site Development Construction Plan containing the information as set forth in the Development Review Procedures Manual, Section 4.1.5.

Review of Site Development Construction Plans.

The Applicant shall make application for review of Site Development Construction Plans on forms provided by the Administrator and shall provide such information as set forth in the Development Review Procedures Manual, Section 4.1.5.

Building Permit Application.

No building permits shall be issued by the County until such time as (1) all of the public Improvement Facilities are accepted for maintenance, and all of the private Improvement Facilities are completed and inspected, as required herein; or (2) construction plans for all Improvement Facilities have been approved by the County, and a Financial Guarantee in the amount of 125 percent of the cost to construct the remaining Improvement Facilities is in proper order.

Building permit applications may be submitted to Hillsborough County as set forth in the Development Review Procedures Manual Section 4.1.5.

Financial Guarantees. The applicant shall provide financial guarantees to the Administrator to insure the construction and warranty of the Improvement Facilities. A Financial Guarantee shall be in the form of a surety bond, letter of credit, escrow agreement, or cashier's check, and shall remain in full force and effect for a period of 25 months from the date said guarantee is received and approved by the Board. Financial Guarantees shall be administered in accordance with the requirements of the Development Review [Procedures] Manual. The amount of a Financial Guarantee shall be determined based upon the approved plans and an engineer's certified estimate of the applicant's probable costs. The Financial Guarantee shall not limit the County from recovering the County's actual costs to construct, replace or repair the Improvement Facilities, as necessary, up to the full amount of the Financial Guarantee.

Exemptions for County Projects Review Procedures

This Section establishes an alternative permit review and delivery methods for County's capital projects, including design-build and progressive design-build. These delivery methods intend to streamline project delivery, allow for a single point of responsibility, improve value, reduce risk, promote innovation and collaboration, and increase quality control.

A Design-Build Pre-application meeting shall be scheduled before applications are submitted with the County's Design-Build Contractor and Development Services Department staff. This meeting shall review the project scope, a conceptual site layout or conceptual route layout, and the proposed schedule of work packages. The meeting will determine the list of required construction permits in accordance with the Land Development Code and Development Review Procedures Manual.

The proposed schedule of work packages, including the submission of Construction Documents for review by the County, shall be approved by Development Services Staff.

Development Services shall coordinate with the Design Build Contractor to establish the required permits and their timing. The submission of Construction Documents shall follow the Land Development Code submittal process.

Work Packages may include partial site work concurrent with vertical construction. A work package may consist of a portion of the project design that could begin construction, including but not limited to the initial site work for the grading and civil work, foundations, piling or deep footers for project structures. Depending on the project stages, these work packages may be approved by Development Services staff to commence and be constructed concurrently with other construction plans design review and permits established by the approved project scope and proposed schedule of the work packages.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 09-53, Item U, 6-11-09, eff. 10-1-09; Ord. No. 14-3, § 2(Exh. A), Item IV-A(13-0719), 1-30-14, eff. 2-6-14; Ord. No. 14-34, § 2(Exh. A), Item B-1a(14-0862), 10-23-14, eff. 10-29-14; Ord. No. 24-16, § 2(Exh. A), 6-6-24, eff. 6-13-24; Ord. No. 25-10, § 2(Exh. A), 2-13-25, eff. 2-13-25)

Sec. 10.01.07. - Live Local Act (LLA) and Land Use Restriction Agreement (LURA) Review Procedures

Overview: The Live Local Act created by Senate Bill 102 provides for administrative approval of residential and mixed-use multifamily rental developments in which at least 40 percent of the residential units are, for a period of at least 30 years, affordable as defined in Florida Statutes. The purpose of this section is to establish the land development review procedures for LLA projects consistent with Florida law. All LLA projects shall be in accordance with the requirements and the criteria found in LDC Section 6.03.16 of this Code.

A Live Local Act Verification application shall be submitted to the Development Services Department (DSD) pursuant to the submittal requirements of this Part. The applicant must provide sufficient information of how the criteria found in LDC Section 6.03.16 of this Code are met. Additionally, the applicant must provide supporting documentation demonstrating the subject site has proper land availability for density calculations if the parcel is within a Planned Development (PD) district.

Upon approval of the LLA Verification, the property owner shall notify the Affordable Housing Services Department (AHS) and execute a Declaration of Covenants and Restrictions Land Use Restriction Agreement (LURA) and Consent and Subordination of Lienholder. An updated legal description of the project shall be provided by the project owner.

A site development application pursuant to Land Development Code Section 10.01.06 of this Part and the Development Review Procedures Manual (DRPM) shall be submitted by the applicant. The application shall indicate the proposed site development plan is for a LLA project.

After the project's Site Development approvals by the Development Services Department and confirmation from the Affordable Housing Services Department, the LURA may be signed and recorded by the County Administration.

Construction of the project shall be permitted to commence when Affordable Housing Services provides the fully executed and recorded LURA and Consent and Subordination of Lienholder checklist items to Development Services required for the release of the Site Development Construction Plans.

When the project is completed and a Certificate of Occupancy has been issued, Affordable Housing Services shall begin monitoring the project for compliance with the Land Use Restriction Agreement (LURA).

Failure to comply with the terms and conditions of the Land Use Restriction Agreement (LURA) constitutes a violation of the site development approval for the Project and such violation may be enforced pursuant to the Enforcement clause of the Declaration of Covenants and Restrictions Land Use Restriction Agreement (LURA).

(Ord. No. 24-16, § 2(Exh. A), 6-6-24, eff. 6-13-24)

Sec. 10.02.01. - Applicability

The procedures in this Part and Section 5.0 of the Development Review Procedures Manual shall be followed whenever this Code provides as such for review of specific types of proposed development.

(Ord. No. 01-26, § 2, 9-12-01)

Sec. 10.02.02. - Pre-Hearing Procedures

Preapplication Conference and Application

Conference with the Administrator may be requested in those cases where an applicant is in doubt as to the applicability or requirements of these procedures.

All applications shall be typed or neatly printed on forms provided by the Administrator. The required number of copies of the application shall be filed with the Administrator who shall mark thereon the date of filing and shall retain the original.

Setting the Matter Before the Land Use Hearing Officer

The Administrator shall set the matter for hearing before a Land Use Hearing Officer after the completed application has been filed in accordance with the published Land Use Hearing Officer Hearing Schedule.

Continuance(s) of the public hearing shall be permitted in accordance with the procedures and requirements set forth in Section 10.03.02, Subsections C, D, E and F. However, unless otherwise specified below, in no case shall the public hearing be continued to a hearing date that is more than six months after the originally scheduled hearing date. If a public hearing is not held on the application within the required time frame, the application shall be withdrawn from processing by the Zoning Administrator.

The cancellation by the County of a public hearing date during the six-month period due to County closures during emergency events, shall cause the calculation of time for the public hearing deadline to be tolled for each application until the next scheduled public hearing date at which a public hearing takes place. The calculation of time for the six-month deadline for an application shall resume at the next public hearing that the application is scheduled.

In the event the County declares a state of local emergency, a six-month extension to the public hearing deadline shall be granted. This extension shall apply to any active hearing application pending as of the date of September 23, 2024, and the extension shall be in addition to the public hearing deadlines provided under 2 and 2.a above.

For any application that has been reopened or remanded for further hearing, the calculation of time for the six-month deadline shall start from the newly scheduled remanded/reopened hearing date for the application.

Notice of Hearing Before the Land Use Hearing Officer shall be completed in the same manner set forth in Section 10.03.02, Subsections C, D, E and F.

Notice Content

Posted and published notices shall contain the following information:

Application number and date of filing.

Name, address and telephone number of applicant or applicant's agent.

Nature of the proposed development activity, or application request.

Location of the property.

Date, time, and place of Land Use Hearing Officer hearing.

Statements substantially as follows:

(1)

Copies of the application and department reports are kept by the Administrator and are open to public inspection in the offices of the Clerk of the Board and the Administrator.

(2)

All interested persons wishing to submit testimony or other evidence in this matter must submit same to the Land Use Hearing Officer at the hearing. If review of the Land Use Hearing Officer's decision by the Appeals Board is requested, such review will be restricted to the record as created at the hearing before the Land Use Hearing Officer.

(3)

Citizen input may be submitted to the County prior to the formulation of the staff report to the Land Use Hearing Officer. The deadline for submitting such information is 14 calendar days prior to the hearing date.

Instructions for obtaining further information regarding the application and nature of the hearing before the Land Use Hearing Officer.

County Department Reports

When an application has been set for hearing before the Land Use Hearing Officer, the Administrator shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the departmental findings, and if applicable, recommendations, and conditions. This report shall be available at the offices of the Administrator to all persons six calendar days prior to the hearing. The report and all submittals shall be filed with the Clerk of the Board six calendar days prior to the hearing.

Motions for Disqualification

Unless good cause is shown, all motions for disqualification of Land Use Hearing Officer assigned to hear the case shall be filed no later than ten working days after the moving party has been notified of the assignment of the particular hearing officer. The motion shall be accompanied by an affidavit stating particular grounds, which shall be limited to those for which a judge may be disqualified. The affidavit must state facts sufficient to show that the movant has a well-founded fear that the movant will not receive a fair and impartial hearing. Unless denied as untimely, the motion shall be ruled on by the Land Use Hearing Officer before whom the case is pending. If the motion and affidavit are found legally sufficient, the Land Use Hearing Officer shall disqualify himself or herself, after which the matter will be given to the next available Hearing Officer on the list.

(Ord. No. 98-43, § 2, 7-17-98; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 09-53, Item Q, 6-11-09, eff. 10-1-09; Ord. No. 20-17, § 2(Exh. A), 9-24-20, eff. 10-2-20; Ord. No. 21-41, § 2(Exh. A), 10-21-21, eff. 10-28-21; Ord. No. 25-10, § 2(Exh. A), 2-13-25, eff. 2-13-25)

Sec. 10.02.03. - Hearing Before the Land Use Hearing Officer

Participants

The participants before the Land Use Hearing Officer shall be the applicant, County staff, County agencies, proponents, and opponents, inclusive of the public and witnesses with relevant testimony. The proponent shall be defined as a participant in favor of the application, exclusive of the applicant; whereas, the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.

Order of Presentation

The order of and total time allotments for Non-Variance applications shall be as follows:

Applicant and witnesses; proposal: 15 minutes

Administrator; summary of the application, County staff and department findings: five minutes

Proponents; argument for the application: 15 minutes

Opponents; argument against the application: 15 minutes

Staff; amended recommendations, if any: five minutes

Applicant; rebuttal and summation: five minutes

The order of and total time allotments for Variance applications shall be as follows:

Administrator; summary of the application, County staff and department findings: five minutes

Applicant and witnesses; proposal: 15 minutes

Proponents; argument for the application: 15 minutes

Opponents; argument against the application: 15 minutes

Staff; amended recommendations, if any: five minutes

Applicant; rebuttal and summation: five minutes

For good cause shown, the Land Use Hearing Officer may grant additional time.

Nature of Hearings

To the maximum extent practicable, the hearings shall be informal. Questioning shall be confined as closely as possible to the scope of direct testimony. The Land Use Hearing Officer may call and question witnesses as he deems necessary and appropriate. The Land Use Hearing Officer shall decide all questions of procedure.

Evidence

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form, and all testimony shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient, in itself, to support a finding by the Land Use Hearing Officer unless it would be admissible over objections in a civil action.

Matters To Be Considered by the Land Use Hearing Officer in Making Decision

The Land Use Hearing Officer shall consider, in addition to all evidence presented at the hearing, the following as are relevant in making his decision on an application, which are not listed in any particular order:

The history of the subject parcel.

Applicable regulations and development standards promulgated.

Applicable goals, objectives, and policies contained in the Comprehensive Plan.

Reports and recommendations filed by reviewing agencies.

Physical characteristics of the subject parcel and surrounding lands.

Impact on the surrounding transportation network.

Availability and capacity of public services.

Nature of and impacts on surrounding land use.

Environmental impact of the proposed development activity.

Findings and Decision of the Land Use Hearing Officer

The decision of the Land Use Hearing Officer shall be in writing and include:

Summary of proposed development activity and the evidence presented.

Findings of fact.

Conclusions of law, including compliance or noncompliance of the proposed development activity with applicable provisions of the Comprehensive Plan and this Land Development Code.

A decision to either approve or deny the application with reasons therefore specified, including any recommended conditions.

Persons wishing to receive a copy of the decision by mail may supply the Clerk of the Board with their name, address, and a stamped, self-addressed envelope for that purpose.

Record of Hearing Before the Land Use Hearing Officer

An audio recording of all hearings before the Land Use Hearing Officer shall be recorded by the Clerk of the Board and also recorded by an official court reporter.

The record of the hearing before the Land Use Hearing Officer shall consist of:

The application and accompanying documents.

Staff reports and recommendations.

All exhibits and documentary evidence.

The decision of the Land Use Hearing Officer.

The audio recording of testimony at the hearing.

Verbatim transcript of the proceedings.

Decision of the Land Use Hearing Officer

A copy of the decision of the Land Use Hearing Officer is required to be filed with the Clerk of the Board within 15 working days after the conclusion of the public hearing before said officer.

Reconsideration of Matter by the Land Use Hearing Officer

On motion and upon such terms as are just, the [Land Use] Hearing Officer may grant a rehearing on an application for the following reasons:

Mistake, inadvertence or excusable neglect;

Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing; or

Fraud, misrepresentation or other misconduct of an adverse party.

The motion shall be made prior to the deadline for filing an appeal to Appeal Board. The filing of such a motion tolls the time for filing an appeal. The time for filing an appeal shall begin anew in full upon the [Land Use] Hearing Officer's denial of such a motion.

Changes to Approved Special Use Permits

Requests to modify the existing conditions and/or site plan associated with an approved special use shall follow the same review process as a new application. Approval of the modification shall serve to amend the original permit.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 98-43, § 2, 7-17-98; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 07-25, § 2, 11-1-07, eff. 2-1-08; Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08; Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)

Sec. 10.03.01. - Applicability

The procedures in this Part and Section 6.0 of the Development Review Procedures Manual shall be followed by persons, as provided below, who desire an amendment to the official zoning atlas, and when prescribed by this Code for the authorization of certain special uses and creation of special districts.

(Ord. No. 01-26, § 2, 9-12-01)

Sec. 10.03.02. - Pre-Hearing Procedures

Who May Request Amendment

The County Commission or Administrator may seek to rezone one or more parcels of land pursuant to the procedures prescribed herein.

The owner of one or more parcels of land may seek to rezone any such parcel pursuant to the procedures prescribed herein.

Preapplication Conferences and Applications

Conference with the Administrator may be requested in those cases where an applicant is in doubt as to the necessity of filing an application for a rezoning, or Special Use Permit, or the specific zoning classification permitting the proposed use.

The applicant may request that the Administrator arrange a presubmittal conference to be attended by representatives of reviewing agencies and the applicant. The purpose of the presubmittal conference is to provide information to a potential applicant concerning the information needed for submittal and the standards and other requirements to be met. The reviewing agencies may include Planning and Growth Management Department (Natural Resources, Zoning Compliance, Traffic Operations, Stormwater Management, Water and Wastewater Utilities, and Adequate Public Facilities Determination), School Board, Environmental Protection Commission, and FDOT, if applicable.

All applications shall be typed or neatly printed on forms provided by the Administrator. Applications shall be filed with the Administrator who shall mark thereon the date of filing and shall retain the original. Copies of the application shall be available for public inspection in the offices of the Clerk of the Board and the Administrator.

Time of Hearing by the Land Use Hearing Officer and Recommendation

Continuance(s) of the public hearing shall be permitted in accordance with the procedures and requirements set forth below. However, in no case shall the public hearing be continued to a hearing date that is more than six months after the originally scheduled hearing date, except as provided below. If a public hearing is not held on the application within the required time frame, the application shall be withdrawn from processing by the Zoning Administrator.

The hearing time frame shall not apply to an application that is associated with either an application to amend the Hillsborough County Comprehensive Plan, an application for a new Development of Regional Impact (DRI), or an application to amend an existing DRI.

The public hearing shall be continued by the Land Use Hearing Officer to a date certain if the continuance request is filed in writing by the applicant with the Administrator at least three (3) business days prior to the published staff report filing deadline for the scheduled hearing, or by the County if additional time is needed to complete review. Any continuance request submitted by the applicant to the Administrator less than three (3) business days prior to the published staff report filing deadline for the scheduled hearing will be shown on the agenda to be heard but may be continued at the hearing at the discretion of the hearing officer only if the applicant can demonstrate the reason for the continuance was not known in a timely manner, thereby preventing the applicant from requesting the continuance prior to the deadline.

The Land Use Hearing Officer may reopen a hearing for extraordinary cause. Action to reopen a hearing must take place within seven (7) calendar days of the initial close of the hearing. To reopen a hearing, the Land Use Hearing Officer must file with the Administrator an affidavit outlining the reasons for such reopening. Such reopenings shall only be ordered when the Land Use Hearing Officer has additional competent substantial evidence, not previously available, that would affect the Land Use Hearing Officer's recommendation, where it is necessary to avoid undue injury to the County or the applicant.

Upon making a finding that the hearing should be reopened, the Land Use Hearing Officer shall schedule the hearing for a date not to exceed 45 calendar days from the initial close of the hearing. A reopened hearing shall be noticed as an original hearing with notice also going to any persons who appeared at the original hearing. The cost of providing notice shall be borne by the County. The reopened hearing shall be concluded within 30 calendar days of the date established by the Land Use Hearing Officer in his affidavit for reopening the hearing.

The Land Use Hearing Officer shall file his recommendation with the Administrator within fifteen (15) business days of the close of the hearing, with a copy being provided to the Clerk of the Board. The Clerk of the Board shall, on the same calendar day or the next working day, mail or otherwise deliver a copy of the recommendation to the applicant, and to any other person who has supplied the Clerk with a self-addressed stamped envelope for the purpose.

Notice of Public Hearing Before the Land Use Hearing Officer

In cases where zoning amendments are initiated by the County, public notice and hearings shall be in accordance with the provisions of Section 125.66(4), the Florida Statutes, with appropriate modifications to indicate that the hearing is to be held by the Land Use Hearing Officer.

In all other cases, upon establishment of a public hearing date, notice of the public hearing shall be given:

By the Administrator posting a sign(s) no less than 30 calendar days prior to the hearing date in a conspicuous place upon the property which is the subject of the application; and

By the Administrator causing the publication of a notice one time no less than fifteen (15) calendar days prior to the hearing date in a newspaper of general circulation in Hillsborough County; and

By the applicant mailing notice no less than thirty (30) calendar days prior to the hearing date. Such notice shall be completed in the manner outlined in Subsections E and F below and the applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

In the case of hearings remanded from the Land Use Appeals Board to the Land Use Hearing Officer, notice shall be given pursuant to subsections a. through c., above, and also by the applicant mailing notice no less than thirty (30) calendar days prior to the hearing date to all parties of record from the initial Land Use Hearing Officer hearing, as defined in LDC 10.03.06.A.1 and 10.03.06.A.3. The applicant shall submit proof of said mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

Continuance fees shall be required from the applicant for all continuances requested by the applicant by the deadline described in Section 10.03.02.C.3. Continuance fees and additional notice shall be required from the applicant for all other continuances either requested by the applicant or caused by the actions or inactions of the applicant.

If at any time, the contents of any form of notice, required or otherwise, is determined to be incorrect, the application shall be determined to be out of order and shall be required to continue to the next available hearing, after the prior scheduled meeting, and renotice shall be required in order to make the appropriate corrections. Additionally, failure to meet any notice deadlines required in this code shall cause the application to be determined to be out of order and the application shall be required to continue to the next available hearing, after the prior scheduled meeting, and renotice shall be required.

Notice of continuances for applications determined to be out of order due to the actions or inactions of the applicant, as described in Subsection D.4 above, shall be required in the following manner:

The applicant shall mail notice of the new hearing date to which the application has been continued, as determined by the Administrator, no less than thirty (30) days prior to the new hearing date. The applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

The Administrator shall cause the posting of a sign(s) within ten (10) days following the hearing from which the application is being continued.

Notice of continuances requested by the applicant prior to the deadline, as described in Subsection C.3 above, shall be required in the following manner:

The applicant shall mail notice of the requested continuance and new hearing date to which the application is being continued no less than seven (7) days prior to the hearing date from which the application is being continued. The applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

The Administrator shall cause the posting of a sign(s) no less than three (3) calendar days prior to the currently scheduled hearing that is being continued.

For other continuances requested by the applicant and for continuances caused by any actions or inactions of the applicant, except for applications determined to be out of order, notice shall be required in the following manner:

The applicant shall mail notice of the new hearing date following approval of the continuance. The notice shall be mailed no less than thirty (30) days prior to the hearing date to which the application has been continued. The applicant shall submit proof of mailing to the Administrator no more than seven (7) calendar days after the notice deadline.

The Administrator shall cause the posting of a sign(s) following the approval of the continuance within ten (10) days of the decision to reschedule the hearing.

For continuances not caused by any actions or inactions of the applicant, notice shall be required in the following manner:

The Administrator shall cause the posting of a sign(s) following the approval of the continuance within ten (10) days of the decision to reschedule the hearing.

Proof of Mailing: The applicant shall provide Planning and Growth Management Staff with the documentation listed below as proof of mailing in fulfillment of the notice requirements. Failure to submit proof of mailing in a timely manner shall result in the application being continued to the next available hearing, unless said continuance will cause the hearing to continue beyond the maximum time frame prescribed in Subsection C.1 above, in which case the application shall be withdrawn from processing by the Administrator.

A completed copy of the official notice letter.

An original "certificate of mailing" from the U.S. Post Office listing the names, mailing addresses and property folio numbers of all noticed parties.

A signed and notarized affidavit from the applicant acknowledging completion of the notice requirements.

Property Owners' Notice

Notice shall be mailed to all owners of property, as reflected on the current year's tax roll, and, where common property lies within the required notice distance, to all condominium and owners' associations, lying within 500 feet in every direction when the subject parcel is within the Agricultural and Residential-1 Categories of the Comprehensive Plan, and 300 feet in every direction when the parcel is within any of the remaining Plan categories. If a subject parcel contains more than one land use designation, the greatest applicable notice distance shall apply.

If the notification requirements of Paragraph 1 immediately above result in the requirement to notify more than 200 property owners, the applicant may seek administrative relief through the Administrator for consideration of reducing the number of parties which must be notified while still providing sufficient notice.

A reduction in the number of notices may occur in cases where alternative methods of notice can provide sufficient notice and the parties which would receive the alternative notice would be only those which are least likely to be impacted by the proposed amendment. The size of the parcel and the intensity of the development around the subject parcel will be considered. However, large sized projects can expect to be required to provide larger numbers of notices because of the greater area which the project directly impacts. The Administrator shall be required to make a finding that the following criteria have been met:

In no case would notice be waived to property owners less than 250 feet in every direction from the subject property in the rural areas and 150 feet in every direction from the subject property in urban areas; and

The alternative form of notice shall reasonably alert the parties of the amendment action (for example, a condominium complex which has only a small portion of its property within the notification distance and no part of its property within the distance requirement in Paragraph 1 immediately above may receive notice to its Board of Directors more than the minimum requirement of 30 calendar days rather than the proof of mailing notice required to each condominium owner); and

The number of notices required shall not be less than 200 unless the alternative notice method affects a group of property owners such that it is impossible to notice one property owner without noticing the entire group; and

The notice pattern shall be as uniformly applied in all directions as is physically possible.

Neighborhood Bill of Rights

The Board of County Commissioners recognizes that citizens of neighborhoods have an interest in participating in the planning process and development issues which affect them. To achieve that end, notice shall be provided by the applicant to all duly registered organizations on the Registry of Neighborhood Organizations and Civic Associations whose geographic boundaries lie within one mile of the subject site for any proposed development requiring final approval of the Board of County Commissioners or the LUHO. Accordingly:

The Hillsborough County Office of Neighborhood Relations shall maintain a Registry of Neighborhood Organizations and Civic Associations.

To register as a Neighborhood Organization, an organization shall provide the name and address of its authorized representative(s), a map which graphically identifies the boundaries of its neighborhood, and any other relevant information as may be required by the Administrator. Additionally, the organization shall provide evidence it meets all of the following requirements:

The organization is comprised of residents within a defined geographic area.

There are a minimum of 50 households within the defined geographic area.

The residents of at least 50 percent of all households in the defined geographic area are members of the organization.

That membership in the organization is established by virtue of residency or occupancy in the defined geographic area.

That the organization maintains officers or representatives, including the method by which such officers or representatives are selected. The method may be documented by copies of by-laws, covenants or deed restrictions if the method is specified therein.

That the organization has a means to appoint a contact person.

That the organization's officers or representatives are authorized to act on behalf of the organization. This authorization may be documented by copies of by-laws, covenants or deed restrictions.

To be registered as a Civic Association, the association must be chartered, area-wide and with dues paying members. The association must submit a copy of its charter with the application. Membership on the registry will allow the association to receive courtesy notice of applications within its area. However, receipt of the notice will not qualify the association as a party of record.

Notice Content

Mailed and published notices shall contain the following information:

Application number and date of filing.

Present and proposed zoning classifications and/or proposed Special Use or proposed change if major modification.

Location of the property.

Date, time, and place of Land Use Hearing Officer public hearing.

A statement in substantial compliance with the following form:

(1)

Copies of the application and department reports are kept by the Administrator and are open to public inspection in the offices of the Clerk of the Board and the Administrator.

(2)

All interested persons wishing to submit testimony or other evidence in this matter must submit same to the Land Use Hearing Officer at the public hearing before him or to the Administrator two business days prior to the public hearing.

A statement in substantial compliance with the following form: The review of the Land Use Hearing Officer's recommendation by the Board of County Commissioners of Hillsborough County shall be restricted to the record as defined in the Hillsborough County Land Development Code, as amended, unless additional evidence and/or oral argument is presented pursuant to the terms of said Code.

Instructions for obtaining further information regarding the application.

Name, address and telephone number of applicant or applicant's agent.

In addition to the foregoing, mailed notices shall include the following:

Due date of the staff recommendation on the application.

A statement requesting that citizen input be submitted to the County prior to the formulation of the staff report and recommendation to allow for citizen involvement prior to staffs reaching its final recommendation to the Board of County Commissioners or Land Use Hearing Officer, as appropriate.

County Department Reports

When an application has been set for public hearing, the Administrator shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the departmental findings, recommendations, and conditions. This report shall be available at the offices of the Administrator to all persons six calendar days prior to the hearing. The report shall be filed with the Clerk of the Board for inspection by the public.

The Planning Commission staff shall, for all applications, prepare a separate written statement outlining the points of compliance or noncompliance with the Comprehensive Plan adopted by Hillsborough County pursuant to the Hillsborough County Local Government Comprehensive Planning Act of 1975, as amended, and shall file said statement with the Administrator prior to the date of the hearing before the Land Use Hearing Officer in accordance with the Hearing Master Schedule adopted by the Administrator, with copy thereof submitted to the Clerk of the Board with the Administrator's report referenced above.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 99-25, § 2, 11-18-99; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 09-53, Item Q, 6-11-09, eff. 10-1-09; Ord. No. 15-32, § 2(Exh. A) (15-1270), 12-8-15, eff. 12-14-15; Ord. No. 20-17, § 2(Exh. A), 9-24-20, eff. 10-2-20; Ord. No. 21-18, § 2(Exh. A), 5-20-21, eff. 5-27-21; Ord. No. 21-41, § 2(Exh. A), 10-21-21, eff. 10-28-21; Ord. No. 24-16, § 2(Exh. A), 6-6-24, eff. 6-13-24; Ord. No. 25-10, § 2(Exh. A), 2-13-25, eff. 2-13-25)

Sec. 10.03.03. - Public Hearing Before the Land Use Hearing Officer

Participants

The participants before the Land Use Hearing Officer shall be the applicant, County agencies, proponents, and opponents, inclusive of the public and witnesses with relevant testimony. The proponent shall be defined as a participant in favor of the application, exclusive of the applicant; whereas, the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.

Order of Presentation

The order of appearance and total time allotments shall be as follows:

Applicant and witnesses; proposal: 15 minutes;

Administrator; summary of the application, County staff and department findings: five minutes;

Planning Commission staff; statement of compliance or noncompliance: five minutes;

Proponents; argument for the application: 15 minutes;

Opponents; argument against the application: 15 minutes;

Staff; amended recommendations, if any: five minutes;

Applicant; rebuttal and summation: five minutes.

For good cause shown, the Land Use Hearing Officer may grant additional time.

Nature of Hearings

Evidence

Matters To Be Considered by the Land Use Hearing Officer in Making Recommendation

The Land Use Hearing Officer shall consider, in addition to all evidence presented at the hearing, the following as are relevant in making his recommendation on an application, which are not listed in any particular order:

The zoning history of the subject parcel.

Applicable zoning regulations promulgated by the Board of County Commissioners.

The Comprehensive Plan.

Reports and recommendations filed by reviewing agencies.

Uses permitted and the characteristics of the requested zoning classification.

Physical characteristics of the subject parcel and surrounding lands.

Impact on the surrounding transportation network.

Applicable goals, objectives, and policies contained in the Comprehensive Plan.

Availability and capacity of public services.

10.

Nature of and impacts on surrounding land use.

11.

Environmental impact of the use.

12.

Applicable development standards promulgated by the Board of County Commissioners.

Findings and Recommendations of the Land Use Hearing Officer

The recommendation of the Land Use Hearing Officer shall include:

Summary of evidence presented.

Findings of fact.

Conclusions of law.

A finding of compliance or a finding of all points of noncompliance with the Comprehensive Plan.

A recommendation to either approve or deny the application with reasons therefore specified, including any recommended conditions.

Compliance With Comprehensive Plan

No application for rezoning, or Special Use Permit, shall be recommended for approval by the Land Use Hearing Officer unless it is found that the application is in compliance with the Comprehensive Plan.

Record of Hearing Before the Land Use Hearing Officer

An audio recording of all public hearings before the Land Use Hearing Officer shall be recorded by the Clerk of the Board and also recorded by an official court reporter.

The record of the hearing before the Land Use Hearing Officer shall consist of:

An audio recording of all public hearings before the Land Use Hearing Officer shall be recorded by the Clerk of the Board and also recorded by an official court reporter.

The record of the hearing before the Land Use Hearing Officershall consist of:

The application and accompanying documents.

Staff reports and recommendations.

All exhibits and documentary evidence.

The summary, findings, conclusions, and recommendation of the Land Use Hearing Officer.

The audio recording of testimony at the hearing.

Verbatim transcript of the proceedings.

Applicable official Zoning Atlas sheets.

Posted Information in the Land Use Hearing Officer's Hearing Room

A copy of the recommendation of the Land Use Hearing Officer is required to be filed with the Clerk of the Board within 15 working days after the conclusion of the public hearing before said master. Persons wishing to receive a copy of the recommendation by mail may supply the Clerk of the Board with their name, address, and a stamped, self-addressed envelope for that purpose.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 06-18, § 2, 8-1-06)

Sec. 10.03.04. - Review by Board of County Commissioners

Generally

The record of the public hearing and the recommendation of the Land Use Hearing Officer will be considered by the Board of County Commissioners for final decision at a public meeting noticed in accordance with the terms of this Code.

Notice Date for Board of County Commissioners Consideration

Any person wishing to receive notice of the date when the Board will consider the application for rezoning or Special Use Permit may supply the Clerk of the Board with their name, address, and a stamped, self-addressed envelope for that purpose.

The Administrator shall arrange for the setting of a date and time at which the Board of County Commissioners will consider an application.

The Clerk of the Board shall give notice of the set date and time at which the Board of County Commissioners will consider an application for final decision by proof of mailing to the applicant and to parties who attended and presented evidence at the hearing before the Land Use Hearing Officer, and to parties who submitted written evidence to the Land Use Hearing Officer not less than two business days prior to the Land Use Hearing Officer hearing. Such notice shall be mailed at least 20 calendar days prior to the date set.

Evidence Before the Board of County Commissioners

The record before the Board of Commissioners upon consideration of an application shall be the complete record of the hearing before the Land Use Hearing Officer, including his recommendation. Except in those instances where the application involves a proposed zoning classification change or Special Use request that is either initiated by the County or is part of the review and application for development approval pursuant to Chapter 380.06, Florida Statutes, the Board, after reviewing the record and recommendation, shall consider additional evidence, and oral argument only as provided in D below.

Applications initiated by the County or considered as part of the review of an application for Development of Regional Impact approval shall be considered by the Board within the context of a public hearing as below. All irrelevant, immaterial or unduly repetitious evidence shall be excluded. The record shall be transmitted to the Board at least five calendar days prior to the date set for final consideration by the Board.

In those instances where the application involves a proposed zoning classification change or Special Use Permit approval, initiated by either the Board of County Commissioners or the Administrator, the Board shall consider the record of the Land Use Hearing Officer hearing and the recommendation within the context of a public hearing at which all interested individuals and County staff will be given an opportunity to present testimony and other evidence. Said public hearing shall be advertised in accordance with the terms of B above and Section 125.66, Florida Statutes. Said public hearing shall be conducted in accordance with the terms of this Code relating to conduct of the public hearing by the Land Use Hearing Officer. Provisions of D below shall not be required in this context.

In those instances where the application involves a proposed zoning classification change or Special Use Permit approval which is being considered as a part of the review of an Application for Development of Regional Impact Approval pursuant to Chapter 380.06, Florida Statutes (1981), as amended, the Board shall consider the record of the Land Use Hearing Officer hearing and the recommendation within the context of a public hearing at which all interested individuals and County staff will be given the opportunity to present testimony and other evidence. Said public hearing shall be advertised in accordance with the terms of B above and Section 380.06, Florida Statutes (1981). Said public hearing shall be conducted in accordance with the terms of this Code relating to conduct of the public hearing by the Land Use Hearing Officer. Provisions of D below shall not be required in this context. The Application for the Development of Regional Impact Approval shall be reviewed in accordance with those procedures mandated by law.

Additional Evidence and Oral Argument

The Board of County Commissioners shall consider only the record of the proceedings before the Land Use Hearing Officer, unless additional evidence and/or oral argument is accepted pursuant to the terms of this Section. The provisions contained herein relating to restricted presentations before the Board do not apply to public hearings convened by the Board to consider applications initiated by the County or that are part of the Development of Regional Impact review process. These public hearings are governed by the provisions of C above.

Additional evidence may be allowed pursuant to the provisions of this Subsection, if:

Through the exercise of due diligence it could not have been discovered in time to present same to the Land Use Hearing Officer; and/or

The witness could not appear at the public hearing for good reason beyond his control.

Within ten calendar days after the date of filing of the Land Use Hearing Officer's recommendation, the individual seeking to introduce the additional evidence described in 2 above, shall file with the Clerk of the Board a written request including:

The additional evidence; and

The reasons why the evidence could not through the exercise of due diligence have been discovered in time to present same to the Land Use Hearing Officer; and/or

The reasons why the witness could not appear.

The request shall be filed on forms available from the Administrator. A copy of said request shall be maintained by the Administrator and maintained in a master file available to the public and the Board.

The additional evidence, if documentary, shall be attached to the request. If testimonial in nature, a summary of the testimony shall be provided.

The Board shall consider the request for presentation of additional evidence and responses thereto at the public meeting on the Land Use Hearing Officer's recommendation. Staff of the Office of County Attorney shall review the additional evidence request in regard to whether or not the request meets the criteria stated in 2 above and whether or not the additional evidence is duplicative of material already in the record before the Land Use Hearing Officer. Staff of the County Attorney's Office shall report its findings at the meeting before the Board. The Board shall remand the proceeding to the Land Use Hearing Officer for the purpose of consideration of the additional evidence if he finds all the following:

The additional evidence could not through the exercise of due diligence have been discovered in time to present same to the Land Use Hearing Officer, or the witness could not appear at the public hearing for good reason beyond his control.

That the additional evidence is not duplicative of material already in the record before the Land Use Hearing Officer.

The evidence is relevant to the issues raised by the petition at issue.

If the Board finds that the additional evidence is not admissible based upon the criteria contained herein, then the Board shall deny the request and proceed to consider the petition. The Board of County Commissioners shall specifically state on the record why a request has been denied. Once a request is denied, the material presented shall not be considered by the Board in its deliberations.

If the Board finds that the additional evidence is admissible and therefore elects to remand the proceedings to the Land Use Hearing Officer, then the Board shall establish a date for said hearing. The remanded proceedings shall be conducted in accordance with the terms of this Code applicable to proceedings before the Land Use Hearing Officer, except that said proceeding does not have to be renoticed. At the conclusion of the remanded proceedings, the Land Use Hearing Officer shall file an amended recommendation which has considered the introduction of the additional evidence. The Clerk of the Board shall renotice all parties of record of the new set time and date at which the Board will consider an application for a final decision.

If the applicant elects to waive any objection to the additional evidence, the Board of County Commissioners may proceed to consider the petition without remand.

Oral Argument

The Board shall allow public testimony by Parties of Record at its meeting to consider the Land Use Hearing Officer's recommendation for any item on the Regular Agenda. Any public testimony shall be limited to the record of the proceedings before the Land Use Hearing Officer, unless additional evidence has been found admissible in accordance with this Part.

For applications which are subject to oral argument, the order of appearance and total time allotments shall be as follows:

Applicant oral argument: Ten minutes.

Administrator; summary of the application, County staff and department findings: five minutes.

Planning Commission staff; statement of compliance or noncompliance: five minutes.

Party of record oral argument by proponents: ten minutes.

Party of record oral argument by opponents: ten minutes.

Staff; amended recommendations, if any: five minutes.

Applicant; rebuttal: five minutes.

If the Board finds that oral argument has raised issues that require further Land Use Hearing Officer review, then the Board reserves the right to remand the proceedings to the Land Use Hearing Officer. If the Board decides to remand the proceedings, then the Board shall establish a date for said hearing. The remanded proceedings shall be conducted in accordance with the terms of this Code applicable to proceedings before the Land Use Hearing Officer, except that said proceedings do not have to be renoticed. At the conclusion of the remanded proceedings, the Land Use Hearing Officer shall file an amended recommendation which considers the issues addressed by the Board. The Clerk of the Board shall renotice all parties of record of the new set time and date at which the Board will consider an application for a final decision.

Continuances Before the Board

The public meeting may be continued by the Administrator to a date certain if the continuance request is filed with the Administrator no less than 14 calendar days before the Board's meeting date. The Administrator shall determine whether the continuance shall be granted due to the petitioner or expert witness being unable to attend, or if it is known that the full Board will not be in attendance.

The applicant shall send notice of the continuance by proof of mailing to all parties of record no less than 11 calendar days before the Board's meeting. This notification shall include the new time, date, and location of the meeting.

If the criteria for granting a continuance as listed in 1 above are not satisfied, the continuance request shall be considered by the Board at its meeting when the petition was scheduled for consideration.

At the Board's discretion for unique circumstances, the Board may continue a petition at the Board meeting without notification.

Consideration and Final Decision of the Board

The Board shall consider the record of the hearing before the Land Use Hearing Officer, any additional evidence and oral argument introduced pursuant to the terms herein and shall approve or deny the application by resolution. The resolution shall include a statement of compliance or all points of noncompliance with the Comprehensive Plan, if different from the conclusions of the Land Use Hearing Officer, and shall give specific reasons for any decision contrary to his recommendation. A resolution approving an application shall specify any conditions which are required as part of the Board's approval.

The Board reserves the right to continue the public meeting upon a finding that said continuance is necessary to a complete review of the Land Use Hearing Officer's recommendation. Said continuance shall be to a date and time certain.

The Board reserves the right to remand a petition to the Land Use Hearing Officer when sufficient additional evidence after the Land Use Hearing Officer hearing is provided or when the petition requires further Land Use Hearing Officer review.

Rezoning Applications that are Contingent upon a Request to Amend the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough County

An applicant may elect to have a rezoning application that is contingent on a request to amend the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough County be scheduled concurrently.

Any application proceeding in accordance with this Part that is contingent on a request to amend the Future of Hillsborough Comprehensive Plan Amendment shall be reviewed for compliance with the proposed concurrent Future Land Use Comprehensive Plan Amendment.

Any application proceeding in accordance with this Part that is contingent on a request to amend the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough County shall be deemed withdrawn and of no further effect in the event that such requested amendment to the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough County is denied by the Board of County Commissioners and no further proceeding or action shall be required.

(Ord. No. 99-25, § 2, 11-18-99; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 01-30, § 2, 11-15-01; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 21-18, § 2(Exh. A), 5-20-21, eff. 5-27-21; Ord. No. 24-16, § 2(Exh. A), 6-6-24, eff. 6-13-24; Ord. No. 25-33, § 2(Exh. A), 5-8-25, eff. 5-13-25)

Sec. 10.03.05. - Modification and Withdrawal of Applications

Modification

Requests to modify an application filed prior to the mailing of notice for the hearing before the Land Use Hearing Officer shall be granted by the Administrator as a matter of right. If the Administrator finds, based upon the nature of the requested modification, that the modification can be accomplished in a timely fashion so as to not disrupt original review periods, then said review shall proceed and a hearing shall be held within the original 60 or 90 calendar day review period referenced in Section 10.03.02.C.1.

If the Administrator finds that additional time is required to review said request, then County staff shall have an additional period to review said request. The scheduled public hearing before the Land Use Hearing Officer shall be convened and continued to a date certain to allow additional staff review.

Requests to modify an application, filed after the date of mailing of notice for the hearing before the Land Use Hearing Officer, shall be considered by the Land Use Hearing Officer at the public hearing. The Land Use Hearing Officer shall grant said request as a matter of right.

Any modifications or changes, as listed in Section 5.03.04, to a general development plan filed less than 20 calendar days prior to the hearing shall require a continuance of the application to future hearing.

If the Administrator finds, based upon the nature of the requested modification and the review criteria contained in 10.03.03.E herein that renotice of the application as modified is required, then the Administrator shall establish a continuance date for the public hearing and shall direct the renotice of the application by proof of mailing as modified. During the interim, appropriate staff shall have an opportunity to review said application as modified and submit recommendations.

If the Administrator finds, based upon the nature of the requested modification, the review criteria contained in 10.03.03.E above, and County staff comment that additional review is required, then the Administrator shall establish a continuance date for the public hearing. During the interim, appropriate staff shall have an opportunity to review said application as modified and submit recommendations.

If the requested modification does not require notice or review, then the Land Use Hearing Officer shall consider the application as modified and submit a recommendation in accordance with the terms contained in this Code.

Requests to modify an application filed after the conclusion of the hearing before the Land Use Hearing Officer, but no less than ten days prior to the scheduled review by the Board of County Commissioners, shall be referred to the Administrator who shall grant said request as a matter of right. The Administrator shall assign a new public hearing date and thereafter process the application as modified in the same manner as a new application. The applicant, shall, within three days of requesting said modification mail notice of the new public hearing date to all parties of record. Requests to modify an application filed within ten days before the scheduled review by the Board of County Commissioners shall be considered by the Board on a case by case basis. If the remand is granted, the applicant shall mail notice of the new public hearing date to all parties of record in accordance with the notice procedures outlined in Section 10.03.02.D.

The modification must exhibit changes as described in 5.03.04.D Major Modifications in order for the Administrator to assign a new hearing date as a matter of right. Applicable fees for processing a major modification shall be assigned by the Administrator.

10.

With the exception of those requests which may arise during the course of the hearing before the Land Use Hearing Officer, all requests for modifications shall be in writing and shall be filed with the Clerk of the Board and the Administrator.

Withdrawal of Application

The applicant has the right at any stage of the proceeding to withdraw the application upon written notification to the Administrator.

The applicant may also withdraw the application on the record, either verbally or in writing, at the public hearing or public meeting where the application is scheduled to be heard by the Land Use Hearing Officer and/or the Board of County Commissioners.

Nothing contained herein shall authorize a Land Use Hearing Officer to waive or refund any filing fee.

(Ord. No. 99-25, § 2, 11-18-99; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 04-46, § 2, 11-4-04; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 08-29, § 2, eff. 2-1-09; Ord. No. 10-9, § 2, Item A(10-0170), 5-27-10, eff. 10-1-10)

Sec. 10.03.06. - Party of Record

Defined. A Party of Record is:

A person who was present at the hearing before the Land Use Hearing Officer and presented either oral testimony or documentary evidence.

A person who was notified of the hearing before the Land Use Hearing Officer by proof of mailing pursuant to the terms of this Code.

A person who submitted documentary evidence to the master file two business days prior to the Land Use Hearing Officer hearing or by proxy during the Land Use Hearing Officer hearing.

Relationship to Law of Standing. The description of Party of Record contained herein is in no way intended either to broaden or restrict that group of individuals recognized by law to have standing to contest a decision of the Board.

Staff of the Planning Commission, County departments, and other regulatory agencies shall not be considered a party of Record. However, such staff shall be limited to the record.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 99-25, § 2, 11-18-99)

Sec. 10.04.01. - Applicability

Applications for amendments to the tables, schedules or text of this Code shall be subject to the following procedures and the requirements of Section 8.0 of the Development Review Procedures Manual.

(Ord. No. 01-26, § 2, 9-12-01; Ord. No. 04-46, § 2, 11-4-04)

Sec. 10.04.02. - Application

An application shall be filed with the Administrator. The application shall contain such information as set forth in the Development Review [Procedures] Manual.

(Ord. No. 04-46, § 2, 11-4-04)

Sec. 10.04.03. - Referral to Staff

The Administrator shall forthwith provide a copy of the application to the staff of the Planning Commission requesting a review of its contents.

(Ord. No. 04-46, § 2, 11-4-04)

Sec. 10.04.04. - Schedule Before Board

County/Government Agency Initiated

The Land Development Code shall be revised pursuant to the schedule provided by the Administrator.

Privately Initiated

The Administrator shall schedule a Personal Appearance for the applicant before the Board pursuant to the schedule provided by the Administrator.

The Administrator shall prepare a report for the Board that shall include, at a minimum, the following information:

Recommendation on whether or not the amendment serves a public purpose

A determination of resources needed for adequate review

Recommendation on timeframe to review the amendment

Recommendation on public outreach

The Board shall take one of the following actions at the scheduled Personal Appearance date after review of the report by the Administrator and testimony provided by the applicant:

Motion to take no further action on the application.

Motion to allow the application to proceed to a public hearing in accordance with the procedures outlined herein. Said motion shall address the Administrator's recommendations on the review timeframes, public outreach and provision of additional resources (if applicable).

(Ord. No. 00-21, § 2, 5-18-00; Ord. No. 04-46, § 2, 11-4-04; Ord. No. 14-3, § 2(Exh. A), (Item IV-C), (13-0721), 1-30-14, eff. 2-6-14)

Sec. 10.04.05. - Hearing Before Board

At the Board meeting, the applicant shall have the opportunity to present justification for the proposed amendment. The Administrator and the staff of the Planning Commission shall also report the results of a preliminary review of the proposed amendment and recommendations thereon, if any.

(Ord. No. 04-46, § 2, 11-4-04)

Sec. 10.04.06. - Decision by Board

The Board may take any one of the following actions:

Approval of the amending ordinance and establishment of the effective date.

Disapproval of the amending ordinance.

Remand for additional study.

(Ord. No. 04-46, § 2, 11-4-04)

Sec. 10.05.01. - From Administrator to Land Use Hearing Officer

Applicability

Except where a different procedure is set forth elsewhere in this Code, any decision of the Administrator under this Code may be appealed to the Land Use Hearing Officer as set forth below and in Section 10.1 of the Development Review Procedures Manual.

Standing to Appeal

Any resident, landowner or any person having a contractual interest in land in unincorporated Hillsborough County and any duly registered neighborhood organization, as described in Section 10.03.02F.1. of this Code, shall have standing to appeal or to intervene in an appeal of a decision of the Administrator that is of general applicability and that is not specifically related to a particular parcel of real property or project.

The following shall have standing to appeal or to intervene in an appeal of a decision of the Administrator that is not of general applicability and that is specifically related to a particular parcel of real property or project:

An applicant of an Administrator's decision who is adversely affected by the Administrator's decision, or

A property owner whose property is the subject of the administrative decision and is adversely affected by the Administrator's decision, or

Any owner of real property as reflected on the current year's tax roll, lying within 500 feet in every direction of the property or project that is the subject of the administrative decision, any condominium and/or owners' association with common property lying within 500 feet in every direction of the property or project that is the subject of the administrative decision and any duly registered neighborhood organization, as described in Section 10.03.02F.1 of this Code whose boundaries lie within one mile of the property or project that is the subject of the administrative decision, or

Any resident, landowner or any person having a contractual interest in land in unincorporated Hillsborough County and any duly registered neighborhood organization, as described in Section 10.03.02F.1. of this Code who demonstrates a direct adverse impact as a result of the administrative decision that exceeds in degree the general interest in community good shared by all persons. The Land Use Hearing Officer shall make the determination if there has been a demonstration of a direct adverse impact sufficient to grant appellant or intervener status, however any information considered in making such a determination shall not be considered a part of the record on appeal except as provided in Section 10.05.01 D. of this Part.

Notice of Appeal

A Notice of Appeal of an administrative decision shall be filed within 30 calendar days of the date on which the Administrator signs the decision or the decision is otherwise rendered in writing.

The decisions of formal Zoning Interpretations shall be signed by the Administrator and filed with the office of the Clerk of the Court - BOCC Records. A Notice of Appeal of a formal Zoning Interpretation shall be filed within 30 calendar days on which the signed Zoning Interpretation is filed with the Clerk of the Court - BOCC Records.

The Notice of Appeal shall be filed with the Administrator and shall set forth a detailed basis for the appeal. Said Notice of Appeal shall be in accordance with the submittal requirements of appeals as defined in Section 10.1 of the Development Review Procedures Manual.

If a Notice of Appeal is filed regarding a decision of the Administrator that is not of general applicability and that is specifically related to a particular parcel of real property or project, the appellant shall mail notice, by proof of mailing receipt, within 5 calendar days of the filing of the appeal to all owners of real property that is the subject of the administrative decision.

Within 20 calendar days of the filing of a Notice of Appeal pursuant to this section, any person with standing pursuant to Section 10.05.01B. may intervene and become a party to the appeal by filing a request for intervention in the same manner as filing an appeal of an administrative decision as provided in Section 10.1 of the Development Review Procedures Manual.

The Administrator shall set the matter for hearing within 50 days of the date of the Notice of Appeal. This period may be extended by agreement of the Administrator, the party appealing the decision and any intervener.

Conduct of Hearing

In general, the hearing shall be limited to the record on appeal, and shall consist of oral argument by the Administrator, the party appealing the decision and any intervener, each of whom may be represented by legal counsel and/or by the party who served as their designated representative in the matter that is the subject of the appeal.

The record on appeal shall consist of the following:

The application and any other information submitted by the Applicant to the Administrator.

The written decision of the Administrator and any documents attached thereto.

In addition to the record on appeal, the Administrator, the Appellant and any intervener may freely refer to the following in presenting their cases to the Hearing Officer:

Applicable portions of the Hillsborough County Comprehensive Plan, the Hillsborough County Land Development Code, and any other duly adopted Hillsborough County ordinance, rule or resolution.

Any state or federal statute, rule, or decision.

If either the Administrator, the Appellant or any intervener believes that, in order to fully present his case, evidence other than that listed in 2. and 3. above must be presented to the Hearing Officer, the nature of the additional evidence must be disclosed to the other parties and the Hearing Officer not less than five days before the hearing. At the beginning of the hearing the Hearing Officer shall rule on whether such additional evidence may be presented. The Hearing Officer shall freely allow the presentation of additional evidence pursuant to this subsection where such is relevant to the issue on appeal.

Decision of Hearing Officer

The decision of the Land Use Hearing Officer shall be rendered not later than five working days after the conclusion of the hearing.

The decision of the Hearing Officer shall be reduced to writing and shall include findings of fact, if any, and conclusions of law and state the relief, if any, accorded to the Appellant.

The decision of the Hearing Officer shall be based on the record on appeal and any additional evidence presented in accordance with Section 10.05.01.D of this Part.

Authority of Hearing Officer

Upon a finding of error in the administrative decision, the Hearing Officer shall identify the error and is authorized to take any action that the Administrator was authorized to take under this Code.

Finality of Decision

The decision of the Hearing Officer is final. The Hearing Officer's decision may be challenged by any person with standing under state law, in whatever way authorized by state law.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-36, § 2, 11-12-03; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 06-34, § 2(Exh. A), 11-2-06; Ord. No. 22-12, § 2(Exh. A), 5-19-22, eff. 5-25-22)

Editor's note— It should be noted that § 4 of Ord. No. 06-34, adopted November 2, 2006, provides for an effective date of February 1, 2007.

Sec. 10.05.02. - From Land Use Hearing Officer to Land Use Appeals Board

Generally

Except where a different 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 Officer under this Code may be appealed to the Land Use Appeals Board as set forth below and in Section 10.2 of the Development Review Procedures Manual.

Standing to Appeal

The following shall have standing to appeal a decision of the Land Use Hearing Officer, or to intervene in an appeal that has been filed pursuant to this section:

An applicant who is adversely affected by the Land Use Hearing Officer's decision; or

Any person or entity who:

Was present at the hearing before the Land Use Hearing Officer and presented either oral testimony or documentary evidence; or

Submitted documentary evidence themselves or by proxy prior to or during Land Use Hearing Officer hearing, and

Is adversely affected by the Land Use Hearing Officer's decision.

The Land Use Appeals Board shall determine whether a person or entity has standing to appeal or intervene in an appeal at the appeal hearing.

Notice of Appeal

A Notice of Appeal of a decision shall be filed within 30 calendar days of the date on which the Land Use Hearing Officer rendered the decision in writing. Said Notice of Appeal shall be in accordance with the submittal requirements of appeals as defined in Section 10.1 of the Development Review Procedures Manual.

The Notice of Appeal shall be filed with the Administrator and shall set forth the basis for the appeal.

Referral to Land Use Appeals Board

The Administrator shall schedule the matter before the next regularly scheduled meeting of the Land Use Appeals Board that is at least 20 days from the date the Notice of Appeal was filed.

The Appellant must provide a Notice of Hearing to all parties of record as defined 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.

A copy of the notice of hearing, a list of all parties who were noticed and an executed Certificate of Mailing must be submitted to the administrative office of the Land Use Appeals Board no later than five calendar days prior to the Land Use Appeals Board hearing date.

Continuances

One continuance shall be granted to the appellant and/or property owner, whichever requested the continuance, if the continuance request is filed with the administrative office of the Land Use Appeals Board at least 14 calendar days or more before the Land Use Appeals Board hearing date.

The appellant and/or property owner shall send the notice of continuance by proof of mailing to all parties of record at least 11 calendar days of the Land Use Appeals Board's hearing and shall submit proof of mailing to the administrative office of the Land Use Appeals Board at least 5 calendar days prior to the hearing date. This notification shall include the new time, date, and location of the meeting.

If the criteria for granting a continuance as listed in 10.05.02.E.1 not satisfied, the continuance request shall be considered by the Land Use Appeals Board at its meeting when the petition was scheduled for consideration.

At its discretion for unique circumstances, the Land Use Appeals Board may continue a petition at the Land Use Appeals Board's meeting without notification.

Conduct of Hearing

The hearing shall be limited to the record on appeal, as defined at 10.03.03 H of this Article, 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 and/or by the party who served as their designated representative in the matter that is the subject of the appeal.

In addition to the record on appeal, the Land Use Hearing Officer and parties to the appeal may freely refer to the following:

Applicable portions of the Hillsborough County Comprehensive Plan, the Hillsborough County Land Development Code, and any other duly adopted Hillsborough County ordinance, rule or resolution.

Any state or federal statute, rule, or decision.

Authority of Land Use Appeals Board

The Land Use Appeals Board shall review the record on appeal and hear argument from parties 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 Officer's decision remand the case back to the Land Use Hearing Officer, or overturn the Land Use Hearing Officer's decision pursuant to 10.05.02.G.2.

If the Land Use Appeals Board remands a case back to the Land Use Hearing Officer, the Land Use Appeals Board shall specify the reason for the remand and specify the issues for the Land Use Hearing Officer to address. Notice for remanded hearings before the Land Use Hearing Officer shall be in accordance with 10.03.02.D.2.d.

The Land Use Appeals Board may overturn the decision of the Land Use Hearing Officer only if the all following criteria have been met:

The case has been remanded one time by the Land Use Appeals Board to the Land Use Hearing Officer; and

Based upon the record on appeal, if the Land Use Appeals Board finds that one or more of the official findings of fact and the conclusions of law as found in the decision of the Land Use Hearing Officer is unsupported by competent and substantial evidence in the record or if the essential requirements of the law have not been followed; and

A supermajority of five (5) Land Use Appeals Board members vote to overturn the Decision of the Land Use Hearing Officer.

If the Land Use Appeals Board overturns the Decision of the Land Use Hearing Officer, the Land Use Appeals Board must make findings of fact and conclusions of law. The Land Use Appeals Board may accept, reject or modify the Land Use Hearing Officer's findings of fact and conclusions of law in making the final decision. In addition, the Land Use Appeals Board may impose reasonable conditions on the permit request, if granting the request.

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 writing. 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.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 98-43, § 2, 7-17-98; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 06-34, § 2(Exh. A), 11-2-06; Ord. No. 15-32, § 2(Exh. A) (15-1270), 12-8-15, eff. 12-14-15; Ord. No. 22-12, § 2(Exh. A), 5-19-22, eff. 5-25-22)

Sec. 10.06.01. - General-Noticed Personal Appearance

The Noticed Personal Appearance process provides a procedural framework for consideration and decision by the BOCC on various types of applications/issues that require public notice, but do not require hearing officer review. Examples of these items are minor modifications to planned developments and DRI notice of proposed changes.

(Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07)

Sec. 10.06.02. - Notice of Public Hearing Before the Board of County Commissioners

The Administrator shall set the matter for hearing before the Board of County Commissioners after the completed application has been filed in accordance with the published BOCC Land Use Meeting and Personal Appearance Application Schedule.

In cases where zoning amendments are initiated by the County, public notice and hearings shall be in accordance with the provisions of Section 125.66(4), Florida Statutes, with appropriate modifications to indicate that the hearing is to be held by the Land Use Hearing Officer.

In all other cases, upon establishment of a public hearing date, notice of the public hearing shall be given:

By the County Administrator posting a sign(s) no less than 30 calendar days prior to the hearing in a conspicuous place upon the property which is the subject of the application; and

The applicant shall mail notice no less than thirty (30) calendar days prior to the public hearing. Such notice shall be completed in the manner outlined in Section 10.03.02, Subsections E and F.

Continuance(s) of the public hearing shall be permitted in accordance with the procedures and requirements set forth in Section 10.03.02, Subsections C, D, E and F, except that publication of a notice in a newspaper shall not be required. However, in no case shall the public hearing be continued to a hearing date that is more than six months after the originally scheduled hearing date. If a public hearing is not held on the application within the required time frame, the application shall be withdrawn from processing by the Zoning Administrator. The cancellation by the County of a public hearing date during the six-month period due to County closures during emergency events, shall cause the calculation of time for the public hearing deadline to be tolled for each application until the next scheduled public hearing date at which a public hearing takes place. The calculation of time for the six-month deadline for an application shall resume at the next public hearing that the application is scheduled. The hearing time frame shall not apply to an application that is associated with either an application to amend the Hillsborough County Comprehensive Plan, an application for a new Development of Regional Impact (DRI), or an application to amend an existing DRI. For any application that has been reopened or remanded for further hearing, the calculation of time for the six-month deadline shall start from the newly scheduled remanded/reopened hearing date for the application.

(Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 09-53, Item Q, 6-11-09, eff. 10-1-09; Ord. No. 20-17, § 2(Exh. A), 9-24-20, eff. 10-2-20; Ord. No. 21-41, § 2(Exh. A), 10-21-21, eff. 10-28-21)

Sec. 10.06.03. - Public Hearing Before the BOCC

Staff Reports

A report shall be prepared by staff evaluating the application. Said report shall be prepared in sufficient time to be made available to the public in accordance with the PRS schedule adopted by the administrator.

Participants

The participants before the BOCC shall be the applicant, County agencies, proponents, and opponents, inclusive of the public and witnesses with relevant testimony. The proponent shall be defined as a participant in favor of the application, exclusive of the applicant; whereas, the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.

Order of Presentation

The order of appearance and total time allotments shall be as follows:

Administrator; summary of the application, County staff and department findings: five minutes;

Applicant and witnesses; proposal: 15 minutes;

Proponents; argument for the application: 15 minutes;

Opponents; argument against the application: 15 minutes;

Staff; amended recommendations, if any: five minutes;

Applicant; rebuttal and summation: five minutes.

For good cause shown, the BOCC may grant additional time.

Nature of Hearings

To the maximum extent practicable, the hearings shall be informal. Questioning shall be confined as closely as possible to the scope of direct testimony. Members of the BOCC may call and question witnesses as deemed necessary and appropriate.

Evidence

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form, and all testimony shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient, in itself, to support a finding by the BOCC unless it would be admissible over objections in a civil action.