§ 30-45. Review of planning and zoning commission's and board of zoning adjustment's decisions.

(a)

Any person aggrieved by any decision of the board of zoning adjustment or the planning and zoning commission may file a notice of appeal to the board of county commissioners within fifteen (15) days after the board of zoning adjustment meeting or planning and zoning commission meeting at which such decision is made. The fifteen-day period shall be suspended for the period during which the matter is tabled or scheduled for a public hearing by the board of county commissioners. The person appealing shall file a notice of appeal upon the form, if any, prescribed by the board of county commissioners in the office of such commission or board stating wherein the commission or board erred. The commission or board shall forthwith deliver a copy of the notice of appeal to the clerk of the board of county commissioners. The commission or board shall forthwith transmit to the board of county commissioners all the papers, photographs and exhibits constituting the record upon which the action appealed from was taken, or properly certified copies thereof in lieu of originals, as the commission or board may elect.

(b)

Upon the filing of the notice of appeal, the planning and zoning commission or board of zoning adjustment, as the case may be, shall be responsible for the prompt mailing of a copy of such notice by United States mail, postage prepaid, to the original applicant, to the owner of record of the subject property and the owners of abutting property furnished by the person who filed the original appeal, and to each attorney at law appearing for any person at the hearing before the planning and zoning commission or board of zoning adjustment and to the county attorney.

(c)

The chairman of the board of county commissioners or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of county commissioners shall be open to the public. The board of county commissioners shall keep minutes of its meetings, showing the vote of each member on each hearing, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the minutes of the board of county commissioners in the office of the clerk of the circuit court and shall be a public record.

(d)

The board of county commissioners shall conduct a trial de novo hearing upon the appeal taken from the ruling of the planning and zoning commission or board of zoning adjustment and hear the testimony of witnesses and other evidence offered by the aggrieved person and interested parties to the appeal and may in conformity with this article and the zoning regulations, rules and regulations adopted thereunder, reverse, or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the board of zoning adjustment or recommendation of the planning and zoning commission.

(e)

The board of county commissioners shall conduct a hearing on the appeal within forty-five (45) days after the filing of the notice of appeal, or as soon thereafter as the board's calendar reasonably permits.

(f)

An appeal to the board of county commissioners shall stay all proceedings concerning the appeal unless the planning and zoning commission or board of zoning adjustment, as the case may be, shall certify to the board of county commissioners that by reason of the facts stated in such certificate a stay would cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by restraining order, which may be granted by the board of county commissioners on due cause shown.

(Code 1965, § 37-15; Laws of Fla. ch. 63-1716, § 15; Laws of Fla. ch. 67-1831, § 4; Laws of Fla. ch. 71-795, § 5; Laws of Fla. ch. 72-626, § 3; Ord. No. 89-09, § 1(3), 7-10-89; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 98-02, § 7, 1-27-98; Ord. No. 98-37, § 34, 12-15-98; Ord. No. 2003-17, § 5, 11-11-03)