Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2-6.10
Sections 2-6.10, Appeal of Administrative Decisions provides the relevant authority for the BOA’s review of administrative decisions.
Compliance review. The BOA shall conduct the quasi-judicial public hearing to consider the appeal of an administrative decision. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions with regard to the decision being appealed:
- Arbitrary or capricious. The decision of the administrative official was neither required nor supported by the Comprehensive Plan or the LDC and was therefore arbitrary or capricious.
- LDC noncompliance. The specific LDC provisions identified in the appeal application are appropriate to the decision and the decision was not in compliance with those provisions.
- Adverse impact. The applicant’s property will suffer an adverse impact as a result of the decision if it is not modified.
- Protected interest. The adverse impact is to a specific interest protected or furthered by the LDC or Comprehensive Plan.
- Greater impact. The adverse impact adversely affects the applicant in a greater degree than any adverse impact shared by the community at large; and, if the applicant is a third party to the decision, the adverse impact peculiar to the applicant differs in kind (as opposed to degree) to any suffered by the community as a whole.
|