Petition Types and Decision Maker-Current Authorization 12-09-241
Petition Type 1st Hearing 2nd Hearing 3rd Hearing
All Administrative Type III Appeal 1 HEX or BZA
Alcohol Beverage Distance Waiver 10.03.06 U and 5.05.01.1 BZA or HEX If HEX has conflict, 1
BZA
Appeal of an Official Interpretation 10.03.06 Q.1 CCPC or HEX. If Board
directed, 1 BZA
Boathouse Establishment 10.03.06 H. and 5.03.06 F.1 CCPC or HEX If HEX has conflict, 1
CCPC
Boat Dock Facility Extension, including Boat Lift Canopy
Deviation 10.03.06 H. and 5.03.06 G. and H.1 CCPC or HEX If HEX has conflict, 1
CCPC
Comp. Plan Amendment-Small Scale (Map and Text) 10.03.06
E.1. and 2.a. 1 or more CCPC 1 or more BCC
1 CCPC Transmittal 1 BCC Transmittal
1 CCPC Adoption 1 BCC Adoption
Comparable Use Determination 10.03.06 O. subject to
10.02.06 K.
1 CCPC HEX or if Board
directed, 1 BZA. (PUD
Comparable Use
Determination per
Chap.9 HEX ADMIN.
CODE )
If HEX has conflict, 1
CCPC and 1 BZA
Compatibility Design Review, 10.03.06 Y and 5.05.15 F.1 CCPC 1 BCC
Conditional Use (CU) 10.03.06 B.1 CCPC 1 BCC or BZA
CU Extension and Use Re-Review 10.03.06 D.1 HEX or BZA
CU-Minor, Including CU Extension and CU Re-Review 10.03.06
C.1 HEX
If not heard by HEX,
then pursuant to
10.03.06 B. (1CCPC
and 1BCC or BZA) If
directed by Board
Member, 1 CCPC.
DRI Establishment, Amendment, or Abandonment 10.03.06 I.1 CCPC 1 BCC
Events in County ROW 10.03.06 Z. and 5.04.05 A.5.1 HEX or BCC
Facility with Fuel Pumps Waiver- 10.03.06 U. Automobile
Service Station Waiver.
1 BZA or HEX. If HEX
has conflict, 1 BZA.
LDC amendment does not change zoning atlas or actual list of
uses in zoning category but does affect the use of land.
10.03.06 A.
1 CCPC 1 BCC
LDC Amendment or Resolution initiated by the BCC-Zoning
Map Designation Change of More Than 10 Contiguous Acres (3
hearing min.) or change to actual list of pemitted, conditional,
or prohibited uses within a zoning category. 10.03.06 K.1.
1 CCPC or 2 if elected
by majority vote of
CCPC, with at least 2
weeks apart.
1 BCC, one after 5
PM unless BCC elects
to hold 2 daytime
hearings.
1 BCC
.
Limited Density Bonus Pool Allocation for Mixed Use
Development or Multi-family on 2 contiguous acres or less.
10.03.06 R and 4.02.16 C.13.
HEX or CCPC
If HEX decision has
conflict, 1 CCPC and
1 BZA
Minor PUD Change to remove affordable housing, if written
objection received. 10.03.06 T.
1 BCC or HEX. If HEX
has conflict, 1 CCPC
MUP Requiring Hearing, if not meeting threshold for
administrative approval. 10.02.15 A.2 1 CCPC 1 BZA, BCC
MUP (subdistrict BZO or GTZO) for bonus density pool
allocations or request deviations exceeding administrative
approval. 10.03.06 N. and 10.02.15 C.
1 CCPC 1 BCC
Nonconforming Residential Structures 9.03.03 B.4. and Non-
Conforming Use Alteration.
If recommended by
HEX or CCPC
If CCPC, 1 BZA by
resolution
Nonconforming Use Change 10.03.06. Change in use. 9.03.02
D.1 HEX or BZA If HEX has conflict, 1
CCPC and 1 BZA
Ordinance or Resolution does not change zoning atlas or actual
list of uses in zoning category but does affect use of land.
10.03.06 A.
1 CCPC 1 BCC
Parking Exemption with a Public Hearing. 10.03.06 G. and
4.05.02 K.3 a.
1 CCPC HEX, if HEX has
conflict, 1 CCPC
If heard by CCPC, 1
BZA
Post Take Plan. If abutting property owner written objection
received. 10.03.06 S. and 9.03.07 D.4.b.
1 CCPC HEX, if HEX has
conflict, 1 CCPC
If HEX decision is
appealed by abutting
or affected property
owner, 1 BZA.
PUD Insubstantial Changes, including Minor Text Changes.
10.03.06 H. and 10.02.13 E.2.
1 CCPC HEX, if HEX has
conflict, 1 CCPC
Remand of Development Order to Hearing Examiner-8.10.00
B. New
1 HEX, by BCC majority
vote 1 BCC
Rezone PUD to PUD 10.03.06 B. and 10.02.13.1 BCC
Rezone or PUD amendment 10.03.06 B 1 BCC or BZA
Rezone initated by BCC with Map change designation of less
than 10 contiguous acres. 10.03.06 J.1 BCC
Public Hearing Requirements by Petition Type Based on LDC Sections (03-14-25)
*Items below in green highlight are listed in HEX Ordinance.*Text in blue font to be added.
*Text in red strike through to be deleted.
Comp. Plan Amendment-Large Scale 4 Hearings 10.03.06 E.1
and 2.b.
1 CCPC, If required 1
EAC
2
Rezone initated by BCC with Map change designation of more
than 10 contiguous acres. 10.03.06 K.1.
1 CCPC. CCPC may
elect by majority vote
to hold 2 hearings. If
one hearing, it shall be
held after 5 PM. If two,
then one shall be after
5 PM and both
hearings at least two
weeks apart.
At least 2 BCC, one
after 5 PM unless
BCC elects to hold 2
hearings at another
time of day.
1 BCC
Shared Parking Agreements 10.04.04 TYPE III APPLICATIONS.
See Code of Laws and Ordinances, Division 21 Section 2-1171
(a) Board of Zoning Appeals.
Administrative
approval.
Sign Variance 10.03.06 F.
Site Plan with Deviations for Redevelopment and Deviations in
GGPOD & Limited Density Pool Allocation. (LDBPA) 10.03.06 R.
SSA and SSA amendments 10.03.06 L.1 BCC
SRA and SRA Amendments (Substantial Changes) 10.03.06
M.1.a. and 4.08.07 F 4.
1 EAC if required, and 1
CCPC 1 BCC
SRA and SRA Amendments (InSubstantial Changes, Including
Minor Text Change) 10.03.06 M.1.b. 1 HEX or CCPC If heard by CCPC, 1 BCC
Variance 10.03.06 F.1 HEX or CCPC if HEX
has conflict
If heard by CCPC, 1
BZA
Variance to CCSL 9.04.06 B. and G.1 HEX or BCC BZA
Vested Rights Determination 9.02.06 A.1 and 9.02.08.1 CCPC Unresolved claims, 1
HEX
If HEX
decision
appealed, 1
BCC
Review and Remedy of Taking Claims 9.02.10 C.1 BCC
Permit Type 1st Hearing 2nd Hearing 3rd Hearing
Appeal of SDP-Outdoor Serving Areas within 2,500 feet of
Residential.If unresolved, 1 CCPC
Application for Affordable Housing Density Bonus.1 CCPC 1 BCC
Carnival/Circus-Events not Previously Approved.
Construction Plans and Final Subdivsion Plat and Amendments
(PPL, PPLA).
Final Sudivsion Plat for Townhome Fee Simple Development.
Historical Archaeological Designation.
Immokalee Urban Overlay District. Interim Deviations Request
from Dimensional Standards. Concurrent with for SDP, SDPA,
SIP, SIPA, PPL or Sign Deviation with Building Permit.
(Substantial)
1 CCPC
1 BCC. If staff or
CCPC decision
appealed, 1 BZA
Immokalee Urban Overlay District. Interim Deviations Request
from Dimensional Standards. (Insubstantial)
None-Administrative
Approval If appealed, 1 BZA
1 BCC
1 HEX or CCPC
If HEX decision has
conflict, 1 CCPC and
1 BZA