Appeal Process

The Seminole County Board of Adjustment (BOA) is a group consisting of five (5) regular members and two (2) alternate members, all of which are appointed by the Seminole County Board of County Commissioners (BCC). It is empowered to hear and decide appeals under the provision of the Land Development Code 30.43.

What is an Appeal from the Decision of the Planning & Development Manager

An appeal may be filed where it is alleged that there is error in any order, requirement, decision or determination made by the Planning & Development Manager under the provision of the Land Development Code 30.43 and may be requested by any person aggrieved or by any officer, board, or bureau of the county affected by a decision of the Planning & Development Manager. Such an appeal must be filed within thirty (30) days after such decision is made by filing the notice of appeal in the Planning & Development Division.

Summary of the Process and Requirements for an Appeal

1. APPLICATION PROCEDURE:  Applicant decides to request an Appeal Administrative Decision to the Board of Adjustment or Board of County Commissioners from the Decision of the Planning & Development Manager, Director or DRC.

Please feel free to call the Planning & Development Department staff to discuss your application by calling 407-665-7371.

Application for an Appeal from Decision of the Planning Manager (PDF) [45KB]

Applications are also available from the Planning & Development Division located at:
County Services Building
Room 2028
1101 East First Street
Sanford, FL  32771
(407) 665-7371

2. APPLICATION DEADLINE:   Applicant submits a complete application within the required 30 days.

ALL SUBMITTALS MUST BE RECEIVED, ALONG WITH APPROPRIATE FEES BY THE REQUIRED DEADLINE.
 

3. PROCESS:

• After receipt of a complete application, your request will be scheduled for the next available Board of Adjustment meeting.
• If an application is found to be incomplete, staff will contact the applicant and request revisions or additional information.  Staff may also invite the applicant to a pre-application conference with a Planner.  Please note that an incomplete application may cause your request to be scheduled for the following hearing.

4. PUBLIC NOTIFICATION: 

• Appeals from the Planning & Development Manager’s Decision are non-public hearing items which require no placard or public notice to property owners who may abut a site under consideration.
• As a courtesy, the Planning & Development Division prepares a legal advertisement for publication in the Orlando Sentinel which is published at least fifteen (15) days in advance of the Board of Adjustment meeting date for appeal items.

5. RECOMMENDATION:  Staff will prepare a written staff report and recommendation.

• The Planning & Development Division staff prepares a written staff report for consideration by the Board of Adjustment.  The report presents factual information concerning the applicant’s request based on existing circumstances, consistency with the Comprehensive Plan and Land Development Code: future & existing land use, zoning, traffic & environmental impacts, public services availability, etc.
• The meeting agenda along with the staff report is available online approximately one week before the Board of Adjustment meeting.

6. BOARD OF ADJUSTMENT REGULAR MEETING:  The Board of Adjustment will consider the Appeal.

• The Board of Adjustment meets on the fourth Monday of each month except in May the meeting occur on the third Monday and December occur on the first week, Theres no meeting held on November.  The Board meets in the Board Chambers (Room 1028) at 6:00 p.m. (unless otherwise noted) on the first floor of the Seminole County Services Building, located at 1101 East First Street in downtown Sanford, FL.
• An authorized representative or the applicant must appear at the hearing in order to present the application.  The representative should be familiar with the request and be able to make statements and commitments on behalf of the applicant.  Presentations should be brief and include information such as impacts to adjacent properties, visibility from streets and other properties, and design information.
• Following the presentation by the Planning & Development Division staff and the presentation by the applicant, the Board of Adjustment will discuss and vote to decide the outcome of the request.  The Board may affirm or reverse the Planning & Development Manager’s decision or continue the same until a date certain.  A continuance is generally requested for reasons such as additional information.
• After the hearing, the applicant will receive a letter stating the decision of the Board with information regarding the date within which the decision can be appealed.

8. APPEALS:  An applicant may appeal a decision of the Board of Adjustment to the Board of County Commissioners.

• Any aggrieved party can appeal a Board of Adjustment decision within fifteen (15) calendar days of the meeting.  A letter must be submitted to the Planning & Development Division stating the grounds for appeal along with the appropriate fee.
• The Seminole County Board of Commissioners will hear and decide the case.  During the fifteen (15) day appeal period, no permits incorporating the decision of the Board of Adjustment will be issued.