INSTRUCTIONS FOR FILING AN APPEAL Certain Community Zoning Appeals Board decisions on items such as Zone Changes, certain Use Variances and Appeals of Administrative Decision are appealable to the Board of County Commissioners. To determine if an item is appealable to the Board of County Commissioners, check the posting notice on the bulletin board located at the front of the 11th floor of the Stephen P. Clark Center or call the Zoning Hearings Section. All other items may only be appealed to Circuit Court. An appealable decision of the Community Zoning Appeals Board may be appealed by: 1. 2. 3. 4. an applicant. an aggrieved party of record. a governing body of any municipality, if affected. Neighborhood Community and Civic Associations. Appeals must be filed by any of the above within 14 days, (and not thereafter) after the notification that the Community Zoning Appeals Board has taken action on a particular matter. Such notification is given by the Department, by posting the results on a conspicuous bulletin board that may be seen by the public, at the office of the Department of Planning, Development and Regulation. This posting customarily takes place on the Monday following the Community Zoning Appeals Board hearing. Appeals must be made by the applicant or by an aggrieved party of record, or by their attorney who is a member of the Florida bar. Appeals cannot be made by a representative such as a Real Estate Broker, Architect, Zoning Consultant, etc., unless it is evidenced by a properly executed Power of Attorney. More than one appeal may be filed on the same application. Unless filed jointly and executed as such, each will be treated separately and the necessary fee is required for each appeal. Appeals are filed with the Public Hearing Section of the Department, and must be filed on a form prescribed by the Director of the Department, accompanied by a check for $1,100.81. Total including *surcharge: $1,188.88. Also, the appellant will be assessed an additional fee for the cost of mailing of notices beyond a 500' radius. In addition to the $1,188.88 Appeal filing fee, an appeal of a decision by a Community Zoning Appeals Board (CZAB), must be accompanied by an additional radius fee equal to ½ of the original radius fee charge. Check with Zoning Hearings counter personnel for more information. The appellant will be assessed an additional fee of $880.65 or $1,174.20 if submitted within 30 days of the hearing to cover revisions to plans, where permitted. The properly executed appeal and check must be received in the aforementioned office by or before 4:30 p.m. on the date specified as the appeal deadline. The said date may be verified by calling the Public Hearing Section on any working day between the hours of 8:00 a.m. and 5:00 p.m. at 305-375-2640. Appeals must be submitted in person. No appointment is necessary. Once filed, an appeal may not be withdrawn after 10 days have passed since the date of the decision of Community Zoning Appeals Board, but the Appellant may appear before the Board of County Commissioners and secure a withdrawal with permission of said Board. In no event shall an Appellant be entitled to a refund of the appeal fee. *NOTE: AN 8% SURCHARGE WILL BE ADDED TO ALL FEES EXCEPT DERM AND CONCURRENCY. American LegalNet, Inc. www.FormsWorkFlow.com The Appellant shall answer all questions below the asterisk line. In line 1 "Hearing Number": fill in the hearing number of the application being appealed. Example: 98-7-CZ13-1 In line 2 "Filed in the Name of," insert the name of the applicant whose application is being appealed. Example: James Doe, Trustee. Under "Address/Location of Appellant's Property," insert the address(es) or location of the property, if any, owned by you, the appellant. If the appellant is a neighborhood community or civic association, the boundaries of the lands which the association represents shall be indicated. Example: Properties lying between Sunset Drive and N. Kendall Drive from Palmetto Expressway to the Florida Turnpike. Under "Application or Part of Application Appealed," state exactly what is being appealed, to wit: (1) (2) (3) (4) (5) Variance of setback requirements Lot Coverage Special Exception for multiple family Unusual Use for Lake Excavation Zone change from AU to RU-1, etc. Or, if entire application, state "Entire Appealable Application." Under "Reasons supporting reversal," the Appellant shall explain in a written statement, specifying in brief, concise language, the grounds and reasons for reversal of the ruling made by the Community Zoning Appeals Board. Each Appeal form and Appellant's Affidavit must be signed and subscribed and sworn to before a Notary public. American LegalNet, Inc. www.FormsWorkFlow.com PETITION OF APPEAL FROM DECISION OF MIAMI-DADE COUNTY COMMUNITY ZONING APPEALS BOARD TO THE BOARD OF COUNTY COMMISSIONERS CHECKED BY _________ AMOUNT OF FEE ____________ RECEIPT # _________________________________________ DATE HEARD: /_ _/__ BY CZAB # ______________ ___________________ DATE RECEIVED STAMP *********************************************************************************************************** This Appeal Form must be completed in accordance with the "Instruction for Filing an Appeal" and in accordance with Chapter 33 of the Code of Miami-Dade County, Florida, and return must be made to the Department on or before the Deadline Date prescribed for the Appeal. RE: Hearing No. ___________________________________________________________ Filed in the name of (Applicant) ___________________________________________ Name of Appellant, if other than applicant ___________________________________ Address/Location of APPELLANT'S property: Application, or part of Application being Appealed (Explanation): Appellant (name): _____________________________________________________________ hereby appeals the decision of the Miami-Dade County Community Zoning Appeals Board with reference to the above subject matter, and in accordance with the provisions contained in Chapter 33 of the Code of Miami-Dade County, Florida, hereby makes application to the Board of County Commissioners for review of said decision. The grounds and reasons supporting the reversal of the ruling of the Community Zoning Appeals Board are as follows: (State in brief and concise language) Page 1 American LegalNet, Inc. www.FormsWorkFlow.com APPELLANT MUST SIGN THIS PAGE Date: _____ day of ___________________, year: ________ Signed _______________________________________ _______________________________________ Print Name _______________________________________ Mailing Address ___________________ ___________________ Phone Fax REPRESENTATIVE’S AFFIDAVIT If you are filing as representative of an association or other entity, so indicate: Representing Signature _______________________________________ Print Name _______________________________________ Address _____________________ ____ _____________ City State Zip _______________________________________ Telephone Number Subscribed and Sworn to before me on the ______ day of ________________, year _______ ________________________________________ Notary Public (stamp/seal) Commission expires: Page 2 American LegalNet, Inc. www.FormsWorkFlow.com APPELLANT'S AFFIDAVIT OF STANDING (must be signed by each Appellant) STATE OF ________________ COUNTY OF _______________ Before me the undersigned authority, personally appeared _____________________________ (Appellant) who was sworn and says that the Appellant has standing to file the attached appeal of a Community Zoning Appeals Board decision. The Appellant further states that they have standing by virtue of being of record in Community Zoning Appeals Board matter because of the following: (Check all that apply) 1. Participation at the hearing 2. Original Applicant 3. Written objection, waiver or consent Appellant further states they understand the meaning of an oath and the penalties for perjury, and that under penalties of perjury, Affiant declares that the facts stated herein are true. Further Appellant says not. Witnesses: Signature _______________________________ Appellant's signature __________________________ Print Name _________________________________ Print Name __________________________ Signature __________________________ Print Name Sworn to and subscribed before me on the ____ day of ____________________, year . Appellant is personally know to me or has produced ________________________________ as identification. ______________________________ Notary (Stamp/Seal) Commission Expires: Page 3 [b:forms/affidapl.sam(9/08)] American LegalNet, Inc. www.FormsWorkFlow.com