§ 21-418. Appeal of special use approval decision.

Any person or persons aggrieved by a special use approval decision made by the planning commission may request a de novo hearing before the City Commission by filing an application (on a form provided by the City) for a hearing with the City's growth management department within seven (7) calendar days after the planning commission hearing. The City Commission shall set a time, date, and place for the hearing. Notice of the hearing before the City Commission shall be given in the same manner as the notice for the planning commission hearing. The City Commission may consider the decision of the planning commission, the staff report, and testimony, evidence and/or comments presented at the de novo hearing, if not prohibited by law, which is offered by interested persons appearing at the de novo hearing, or written comments submitted prior to or at the de novo hearing, or any other matter the City Commission or any of its individual members deem relevant, if not prohibited by law. The City Commission shall consider the special use application based upon all applicable provisions of the City's Code of Ordinances including, but not limited to, the City's Unified Land Development Code and Comprehensive Plan. Once an application for a de novo hearing has been submitted, the City's growth management department shall present possible hearing dates to the applicant and appellant (if not the applicant) and shall submit a "Set Hearing" request for a date on which both the applicant and appellant (if not the applicant) are available. The hearing date shall be within sixty (60) calendar days of the planning commission hearing or the planning commission decision shall stand. Any requests by the applicant or appellant (if not the applicant) to continue or withdraw the de novo hearing shall be requested in writing at least ten (10) calendar days prior to the hearing so that all affected parties can be notified. The City Commission may deny the request to continue or limit the duration of the continuance. If additional advertising is required, advertising fees are the responsibility of the party seeking the continuance.

In conjunction with the de novo hearing, the City Commission shall have the authority to:

a.

Request briefs be filed on behalf of any party and prescribe filing and service requirements;

b.

Hear oral argument on behalf of any party;

c.

Adjourn, continue, or grant extensions of time for compliance with these requirements, either on its own motion or upon application of a party, provided no requirement of law is violated;

d.

Dispose of procedural requests or similar matters including motions to amend and motions to consolidate; and

e.

Keep record of all persons requesting notice of the decision in each case.

Pursuant to F.S. § 166.033(2), a written order shall be adopted by the City Commission within thirty (30) calendar days of the date of the conclusion of the de novo hearing authorized hereunder stating the legal basis for the denial of a special use application. The decision of the City Commission pursuant to this de novo hearing process shall be final. Any person or persons aggrieved by the City Commission decision rendered in the de novo hearing process may appeal such decision within thirty (30) calendar days after the rendering of the City Commission decision but not thereafter, by proceeding in the Circuit Court in and for Polk County in accordance with the Florida Rules of Appellate Procedure. The nature of the appeal shall be from a final administrative order.

If a de novo hearing request is not made in accordance with these provisions then the entitlement to such a de novo hearing shall be waived and the decision of the planning commission shall be final. Any person or persons aggrieved by the planning commission decision, for which no de novo hearing request has been made in accordance with these provisions or for which a de novo hearing request was waived, may appeal such decision of the planning commission within thirty (30) calendar days after the rendering of the planning commission decision but not thereafter, by proceeding in the Circuit Court in and for Polk County in accordance with the Florida Rules of Appellate Procedure. The nature of the appeal shall be from a final administrative order.

(Ord. No. O-00-19, § 2, 7-10-00; Ord. No. O-17-24 , § 2, 5-22-17)