A developer or any adversely affected person may appeal an order, decision, determination, or interpretation of the Planning Department subject to an appeal, specifying the grounds for the appeal. Appeals are made to the Planning Commission by filing a notice of appeal with the Planning Department within thirty (30) days of the decision.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A developer, an adversely affected party, or any person who appeared orally or in writing before the Planning Commission and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision of the Planning Commission to the Board of County Commissioners.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The record to be considered on appeal shall be all written materials considered during the initial decision, any additional written material submitted by the appellant to the County, and any testimony considered on the hearing of the appeal.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Development Administrator certifies to the Planning Commission that by reason of certain facts, a stay would pose an imminent peril to life or property; in such case the appeal will not stay further proceedings except by a restraining order.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

The Appellate Board (Planning Commission or Board of County Commissioners, whichever the case may be) shall hold a hearing on the appeal within a reasonable time after a notice of appeal is filed. The appellant shall be notified by the Development Administrator of the time, date, and place of the public hearing by certified mail, return receipt requested. Tire Appellate Board shall reverse the order, decision, determination, or interpretation only if there is substantial competent evidence in the record that an error was made in the decision being appealed from that fails to comply with the requirements of this Code. In so modifying such decision, the Appellate Board shall be deemed to have all powers of the officer or board from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

B.

The decision of the Appellate Board shall be mailed to all parties by the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Any person, firm, organization, or agency claiming to be injured or aggrieved by any final action of the Development Administrator, Planning Commission or Board of County Commissioners arising from the decision-making or administration of this Code may present to the Circuit Court of Washington County a petition for a writ of certiorari to review such final action as provided by the Florida Appellate Rules. Such action shall not be taken until the litigant has exhausted all the remedies available in this Code. Such petition shall be presented to the Court within thirty (30) days after the date the litigant has exhausted all such Code remedies.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

When a development order and/or permit is under appeal, the time required for final disposition of such appeal shall not be construed adversely to the holder of the development order and/or permit.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)