In the process of administering the Comprehensive Plan it may be necessary for County staff to interpret the intent and meaning of objectives, policies and maps of the Plan as they relate to specific applications for the approval of development projects. Additionally, it may also be necessary to resolve any conflicting objectives, policies and maps as the Plan is applied to specific property or development proposals. This interpretation is often done in the form of an administrative determination. The process for administrative determinations is established in Section 917 of the Land Development Code.
The objective of any administrative determination is to maximize the degree of consistency between a proposed development and the Comprehensive Plan and Land Development Code. In making an administrative determination, the Comprehensive Plan is considered in its entirety. Administrative determinations must be consistent and nonarbitrary, and are binding only upon the specific case for which the decision is issued. Any administrative determination can be appealed.
Any person aggrieved or adversely affected by an administrative determination made by a Division Director is entitled to a review of the decision by the Board of County Commissioners by filing an application for hearing with the Director of Growth Management Department within 14 calendar days of the issuance of the administrative determination.
The Board of County Commissioners is the final authority for the interpretation of the Comprehensive Plan. In making an interpretation, the Board has the authority to consider the relative importance and relevance of various Comprehensive Plan elements, sections, goals, objectives, and policies. Interpretive decisions by the Board of County Commissioners must include findings of fact with a written record made available to the appellant.
Listed below are the administrative decisions which have been made by Polk County Growth Management Department/Division Directors. Anyone wishing to obtain a copy of these decisions should contact the Polk County Land Development Division at 863-534-6792. Copies are available at a cost of $ .15 per page.