Special Use Applications and Variances from the Hillsborough County Land Development Code are filed in the Planning and Growth Management Department and are heard by a Land Use Hearing Officer (LUHO). A decision of the LUHO may be appealed to the Land Use Appeals Board (LUAB) by the applicant or by the opposition.
The LUAB is comprised of seven citizens of the unincorporated portion of Hillsborough County who are appointed by the Board of County Commissioners for three-year terms. This board is quasi-judicial and appeals of the decisions of this board must be filed in Circuit Court.
All appeals are limited to the "record" of the original hearing before the LUHO, therefore, no new testimony or evidence may be introduced at the appeal hearing. The LUAB may uphold the decision of the LUHO, or they may remand the case back to the original Hearing Officer for reconsideration on specific issues. If a case is appealed again after a remand decision, the LUAB has the authority to overturn the decision of the LUHO. These rules are outlined in the Land Development Code, Section 10.05.02.
Any person who decides to appeal the decision of the Land Use Appeals Board with respect to any matter considered at the meeting will need a record of the proceedings, and for such purposes, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.
The LUAB cases files are kept in the Citizen Boards Support office and case data is maintained on the Appeals Board Tracking System.
Land Use
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