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 Fort Lauderdale
 Unified Land Development Code
 Article VI. APPEALS
 Section 47-26B. APPEALS

§ 47-26B.1. Procedure.

Latest version.

  • A.

    Appeal. If an application for a development permit is denied or is approved with conditions unacceptable to the applicant by the department, DRC or planning and zoning board and the ULDR provides for an appeal as provided in Table 1 of Section 47-24, Development Permits and Procedures, the applicant may, within thirty (30) days of the decision, appeal to the body provided in the ULDR for review of the decision. The appeal shall be made by letter to the city clerk and a copy filed with the department. If the department, DRC, historic preservation board or planning and zoning board denies an application for development permit filed by the city, which denial may be appealed under the ULDR such denial shall act as a recommendation and the application shall automatically be placed on the agenda of the reviewing body to which an appeal may be made and will be considered in a de novo proceeding.

    1.

    Appeal of planning and zoning board or historic board decision. If an appeal is from a planning and zoning board or historic preservation board decision to the city commission, the record compiled by the department, DRC, HPB and planning and zoning board shall be forwarded to the city commission for review. The city commission shall hold a public meeting on the record and shall determine if:

    a.

    There was a departure from the essential requirements of law in the proceedings appealed; or

    b.

    Competent substantial evidence does not exist to support the decision.

    If the city commission determines that there was not a departure from the essential requirements of law or that competent substantial evidence exists to support the decision then the decision will be upheld. If the city commission finds either subsection A.1.a or b, then the city commission shall conduct a de novo hearing which may be immediately held or shall be set by resolution no later than sixty (60) days from the date of adoption of the resolution. At the conclusion of the hearing the city commission may reject, approve or amend the decision of the planning and zoning board.

    2.

    Appeal of department or DRC decision. If the appeal is from a department or DRC decision to the planning and zoning board the appeal shall be automatic and scheduled for a de novo hearing in front of the planning and zoning board no sooner than thirty (30) days or later than sixty (60) days from the date of request for appeal and the planning and zoning board may reject, approve or amend the decision of the DRC.

    3.

    The time frames provided herein may be extended by written request of the applicant.

    4.

    When the city commission conducts a meeting to determine if a new hearing will be granted based on their review of the record below, argument may be made and public input may be heard during the meeting limited solely to whether the record supports the decision of the body from which an appeal has been taken.

    5.

    Appeal from a final decision by the city commission shall be to the circuit court by filing a petition for writ of certiorari within thirty (30) days of the decision.

(Ord. No. C-97-19, § 1(47-26.B), 6-18-97; Ord. No. C-98-2, § 3, 1-21-98; Ord. No. C-99-14, § 15, 3-16-99)