§ 33-309. Community Zoning Appeals Board/Board of County Commissioners Applications for public hearing.

(a)

All hearings before the Community Zoning Appeals Board or the Board of County Commissioners shall be initiated by the filing with the Department an application on forms prescribed by the Director, executed and sworn to by the owner or owners of at least seventy-five (75) percent of the property described in the application, or by tenant or tenants, with owner's written sworn-to consent or by duly authorized agents, evidenced by a written power of attorney, if not a member of the Florida Bar, or by the Director, or by any person aggrieved by an order, requirement, decision or determination of an administrative official when appealing the same, or by anyone desiring an amendment or repeal to the zoning regulations. All properties described in one (1) application must be contiguous and immediately adjacent to one (1) another, and the Director may require more than one (1) application if the property concerned contains more than forty (40) acres, or the fee paid for one (1) application would not equal the cost of processing the same. Only applications which the Community Zoning Appeals Board or the Board of County Commissioners are authorized to consider and act upon shall be accepted for filing.

(b)

Applications which are to be considered by the Community Zoning Appeals Boards in accordance with this chapter shall be assigned by the Director to the Community Zoning Appeals Board which has jurisdiction based upon the location of the property which is encompassed by the application. In the event that the property which is encompassed by the application is located in more than one (1) Community Zoning Appeals Board's district the application shall be heard directly by the County Commission.

(c)

Whenever any hearing is initiated by the Director or the Zoning Official, pursuant to this section, the County Mayor may order that no building permits shall be issued for any construction work on the property involved in the hearing, until the hearing has been finally concluded in accordance with the provisions of this Code. Should the County Mayor issue such an order the administrative personnel shall schedule the application for the first public hearing date after appropriate legal notice.

(Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 69-88, § 1, 12-3-69; Ord. No. 70-39, § 1, 5-13-70; Ord. No. 70-80, § 1, 10-27-70; Ord. No. 72-53, § 1, 9-19-72; Ord. No. 74-20, § 2, 4-3-74; Ord. No. 83-60, § 1, 7-19-83; Ord. No. 91-91, § 1, 9-16-91; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-127, § 35, 9-4-96; Ord. No. 97-16, § 3, 2-25-97; Ord. No. 97-106, § 1, 7-8-97; Ord. No. 09-76, § 4, 9-1-09; Ord. No. 11-86, § 2, 11-15-11; Ord. No. 13-16, § 5, 2-5-13)

Note— According to Ordinance No. 97-66, § 1, adopted May 20, 1997, notwithstanding the provisions of Section 42 of Ordinance No. 97-127, all zoning applications that were filed prior to February 4, 1997, but have not been advertised for public hearing as of the effective date of this ordinance shall be heard by the appropriate Zoning Appeals Board if such hearing is otherwise within the jurisdiction of the Community Zoning Appeals Board. Further, all zoning applications pending before the Zoning Appeals Board and the Board of County Commissioners that have not been concluded prior to July 31, 1997, and that are otherwise within the jurisdiction of the Community Zoning Appeals Boards shall be heard by the appropriate Community Zoning Appeals Board, if necessary, readvertising shall be accomplished at the expense of the County. It is provided, however, that all appeals from the Zoning Appeals Board shall continue to be heard by the Board of County Commissioners.