§ 3-9-6.1. Administrative appeals.

(a)

Appeals of denial by zoning official to the BZA. The BZA may, upon proper application, public notice and public hearing reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by the zoning official in the administration, enforcement or interpretation of any of these land development regulations. The BZA may make such order, requirement, decision or determination as shall be proper in the circumstances, and for such purpose shall have all the powers of the officer from whom the appeal was taken.

(b)

Application. An appeal to the BZA following a denial from the zoning official shall be in writing on forms provided by the community development department, and shall be filed with the community development department within thirty (30) calendar days after the date on the decision letter notifying the applicant of the administrative decision or determination by the zoning official. The appeal shall be submitted with the applicable fee, accompanied by all documents, plans and other papers constituting the record, and specify the grounds for the appeal.

(c)

Action by county staff. Upon receipt of a written appeal, the zoning official shall determine the date, time and place of the public hearing, and shall give published notice as well as written mailed notice by first class mail to all substantially interested parties at least fifteen (15) calendar days prior to the date of the public hearing. The zoning official shall transmit to the BZA all documents, plans and other papers or other records upon which the decision appealed from is based. At the public hearing of an administrative appeal the zoning official shall present the facts of the case and explain the decision made, after which any person may appear and be heard under oath. The final action by the BZA shall be documented by the zoning official in a decision letter to the applicant, copies of which shall be kept on file. The zoning official shall also create a notice of approval, which shall be recorded in the office of the clerk of the circuit court and made a part of the official records of Charlotte County. A copy of the recorded notice of approval shall also be mailed to the applicant.

(d)

Action by applicant. The applicant shall appear at the public hearing in person, or by agent or attorney, to testify under oath before the BZA, present their case for the appeal, and answer questions asked of them.

(e)

Considerations for appeals. In reaching its decision, the BZA shall consider the following criteria as well as any other issues which are pertinent and reasonable.

(1)

Whether or not the appeal is of a nature properly brought to them for a decision, or whether or not there is an established procedure for handling the request other than through the appeal process (i.e., a variance or special exception, etc.).

(2)

The intent of the regulation in question.

(3)

The effect the ruling will have when applied generally to the intent of the land development regulations.

(4)

Staff recommendations, the testimony of the appellant, and testimony of substantially interested parties shall also be considered.

(Ord. No. 2014-043, § 1(Exh. A), 11-25-14)