§ 65.322. The Review Process.

Initiation. Appeals to the Board of Zoning Adjustment or Municipal Planning Board may be taken by any person whose property is affected by and subject to the official action or decision, or whose property is within 300 feet of the affected property, or by any officer, department, board or bureau of the governing body or bodies in the area affected by the decision of the administrative official.

Time Limit for Filing. The appeal shall be taken within 30 days after rendering in writing of the order, requirement, decision, or determination appealed from by filing with the administrative official from whom the appeal is taken, a written notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the appropriate reviewing authority.

Stay of Work and Proceedings on Appeal. When an appeal has been filed with the administrative official, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official from whom the appeal was taken shall certify to the reviewing authority that by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the reviewing authority, or by a court of record.

Transmittal of the Record. The administrative official from whom the appeal is taken shall forthwith transmit to the appropriate reviewing authority all papers, documents and maps constituting the record of the action from which the appeal is taken.

Appeal of Authority's Decision (Quasi-Judicial Hearing). Should any concerned person or party to the appeal of a Planning, Zoning, or Appearance Review Official's action or decision desire to appeal the decision or determination of the appropriate reviewing authority, such appeal shall be taken within five (5) working days after the decision or determination of the appropriate reviewing authority. The appeal shall be subject to the processes, procedures and requirements of Article XXXII of the Code of the City of Orlando, "Procedures for Quasi-Judicial Hearings."

No Appeal of Authority's Decision. If the decision or determination of the appropriate reviewing authority is not appealed, the decision or determination of the appropriate reviewing authority shall be forwarded to City Council. The City Council shall consider the appeal, the facts and findings of the reviewing authority, and shall rule on the decision of the reviewing authority by upholding the decision of the reviewing authority or by referring the decision for further review to the quasi-judicial hearing procedures of Article XXXII of the Code of the City of Orlando.

Board Review. The appropriate reviewing authority shall hold an informal public hearing with due public notice, except that written notice to adjacent property owners shall not be required. The reviewing authority shall consider the appeal and hear any concerned person or party. Following the hearing, the reviewing authority shall render its decision.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 4-20-1992, Doc. #25638; Ord. of 5-20-1996, Doc. #29363)