§ 110-900. Administration.

(a)

Enforcement. The enforcement official shall interpret, administer and enforce this ordinance. He is authorized to obtain assistance in the performance of his duties from any other department or agency of the federal, state or any local government.

(b)

Permits required. No structure, including any sign greater than 16 square feet in copy area shall be erected, moved or altered without first applying for or obtaining a building permit as required by the standard building code and electrical code, if applicable. No building permit shall be issued by the city until the building official signs the building permit application attesting to the fact that the proposed use or structure or sign conforms to this chapter; or unless the building official receives a written order from the city commission, whichever is applicable. If the building official does not sign the building permit application, reasons for such action shall be stated in writing, upon request. No building permit shall be required to erect fences on any agriculturally classified lands.

(c)

Application for building permit. Building permit applications may be obtained from the city. Each application for a building permit shall conform with and contain the following information in addition to any other applicable provisions of this chapter and any other requirements:

(1)

Plot and construction plans drawn to scale showing:

a.

Shape and dimensions of the lot.

b.

Size, type, location, and use of the proposed and any existing structures.

c.

Number of dwelling units, if applicable.

d.

Location of any existing roads, any platted rights-of-way, any platted easements, water bodies, watercourses, and wetlands.

(2)

Any other information, including a property survey, deemed necessary or appropriate by the zoning enforcement official. If required, a survey shall be made by a registered land surveyor or engineer, licensed in Florida.

(d)

Certificate of occupancy. It shall be unlawful to use or occupy, permit the use or occupancy, or change the use of any premises until a certificate of occupancy has been issued by the administration.

(e)

Construction and use to remain the same. Building permits issued on the basis of applications signed by the building official authorize only the use, arrangement or construction set forth in them and permit no other use, arrangement or construction. Any use, arrangement or construction varying from an approved application signed by the building official shall be deemed a violation of this chapter, and shall give rise to the remedies provided in section 110-900(f).

(f)

Violations. If the building official shall find that any of the provisions of this chapter are being violated, he shall notify the person apparently responsible for such violations, in writing, indicating the nature of the violation and ordering any action necessary to correct it, including but not limited to a stop-work order.

Any person found guilty of a violation of any provisions of this chapter, or any lawful order of the city commission, planning and zoning board or enforcement official, shall be punished in accordance with F.S. ch. 162, Ordinance No. 96-37, or Ordinance No. 02-97, or any amendments thereto. Each day the violation continues shall be deemed a separate offense.

In addition to any other remedies, whether civil or criminal, the violation of this chapter or any lawful order of the city commission, planning and zoning board, or enforcement official may be restrained by injunction, including a mandatory injunction, and otherwise abated in any matter provided by law.

(g)

Fee schedules. The city commission may establish by resolution a fee schedule for applications for rezoning requests, conditional uses, variances, and appeals in order to carry out the provisions of this chapter.

(h)

Consistency with comprehensive plan. The city's comprehensive plan guides future development and land use within incorporated area of the city. As required by the "Local Government Comprehensive Planning and Land Development Regulation Act" (F.S. ch. 163), all decisions regarding land development, notwithstanding any provisions for vested properties, shall be consistent with the comprehensive plan. Where there are any apparent conflicts between the comprehensive plan and this chapter, the plan shall prevail. Provided, however, said comprehensive plan provides for recognition of vested rights.

(i)

Relationship to future land use element. The future land use element represents one component of the comprehensive plan. This element, among other functions, establishes and provides detailed descriptions for a number of land use categories (including range of permissible intensity of use and residential density). The location and extent of each of these categories is depicted by the future land use map which is part of the aforementioned plan element.

All development shall be consistent with the future land use element and map and the applicable provisions of this chapter and the Land Development Code, Ordinance No. 96-25, as it may be amended from time to time. However, this requirement shall not be interpreted as relieving any development from achieving consistency with the balance of the plan as the plan shall be viewed as a whole and no specific element, or portion thereof, shall be construed or applied in isolation.

_____

The following matrix outlines the various zoning classifications which may be permitted within a specific land use category.

Matrix for Matching Zoning Classifications to Future Land Use Categories MATRIX FOR MATCHING ZONING CLASSIFICATIONS TO FUTURE LAND USE CATEGORIES
FLU CATEGORY	GROUP A COMPATIBLE ZONING	>GROUP B COMPATIBLE ZONING WITH CONDITIONS
Low Density Residential (LDR) 0-6 units per acre	R-1AAA, AA, A	A, RE-5, RE-1, R-1, RPUD/BPUD
Medium Density Residential (MDR) 6.1 to 12 units per acre	R-1, R-1B	R-2, MH, RPUD/BPUD
High Density Residential (HDR) 12.1 to 20 units per acre	RM-1	R-2, RPUD/BPUD
Urban Infill Residential (UIR) 6 to 9.9 units per acre	R-1. R-1B	MH, RPUD
Commercial (C) Max FAR 0.55	C-1, C-2, OR, PB	C-3, BPUD
Office/Retail/Service (ORS) Max FAR 0.35	OR, PB, C-1	BPUD
Industrial (I) Max FAR 1.0	I	C-3, IPUD
Recreational (R) Max FAR 0.10	P	All zonings
Conservation (CN) Max FAR 0.10	RP	All zonings
Agriculture (A) One Unit per 5 acres	A	RPUD
Public/Semi-Public (P) Max FAR 1.0	P	All zonings
Mixed Use (MU) Minimum parcel size one (1) acre	MPUD	Existing zoning

 

A Group	B Group
This column indicates which zoning categories are assumed compatible. They provide the closest approximation to the future land use category. The existing character of the area is one determinant of the appropriate classification to be accorded an individual premise.	This column indicates which zoning categories may be considered compatible under certain circumstances. Stricter consistency requirements may be applied or special criteria may have to be complied with prior to receiving a rezoning. Site conditions in conjunction with the existing character of the surrounding area are the determining factor for rezoning requests.

 

(j)

Determination of vested rights. As required by F.S. § 163.3194(1)(b), consistency between the comprehensive plan and this chapter is required.

In recognition of the aforesaid requirement of the consistency between the comprehensive plan and the land development regulations, including this chapter, and the subsequent adoption of new zoning maps, it is necessary to provide a mechanism for vested rights determinations as provided in F.S. § 163.3167(8). Provided, however, that a vested rights determination does not affect the applicability of article VI of this chapter.

(1)

Application for determination of vested rights. A property owner may request a determination of vested rights from the zoning enforcement official. Said owner shall submit an application for such determination within two years from said administrative rezoning of said property. Failure of the owner to submit such application within the time provided shall be deemed a waiver of his right to obtain a determination of vested rights and shall constitute an abandonment of any claim to vested rights, equitable estoppel for his property, the proposed development and for the previously existing zoning thereon. Judicial relief shall not be available unless administrative remedies provided herein are exhausted. Applications for determination of vested rights shall be submitted on a form established by the enforcement official. An application fee shall be in the amount to be determined by the city commission in a fee resolution. Said fee shall accompany and be a part of the application. The application shall at a minimum, include name, address, telephone number, owner, and authorized applicant, if other than the owner, street address, legal description, acreage of the property, and all factual information and knowledge reasonably available to the owner, and the applicant to address each of the criteria established in this section. After receiving the application for determination of vested rights, the enforcement official shall determine whether the application submitted is complete. If the application is determined incomplete, the enforcement official shall notify the applicant in writing of its deficiency. The enforcement official shall take no further steps to process the application until the deficiencies have been remedied. After receipt of a complete application for a determination of vested rights, the enforcement official shall review and evaluate the application in light of all the criteria in subsection (2) of this section. Based on the review and the evaluation, the enforcement official shall deny, grant, or grant with conditions applications for a vested rights determination. Appeals under this section shall be as provided in article X, section 110-1002, of this chapter.

(2)

Criteria for evaluating applications. The criteria herein provided is intended to set forth factors that shall be considered by the enforcement official in rendering a vested rights determination under this section. It is intended that each case be decided on a case-by-case factual analysis. An applicant shall be entitled to a positive determination by the enforcement official of vested rights only if he demonstrates by substantial competent evidence the four-part test and criteria hereinafter outlined.

In determining whether the prior zoning classification of the subject property is vested under the four-part test, the following shall be considered for each part:

a.

Criteria for Part One: Part One. "Upon some act or omission of the city." The following shall be considered as acts of the city for the purpose of Part One of the four-part test:

1.

A valid, unexpired governmental act the city of Deltona in the form of a final development order which authorized the specific development for which a determination is sought. Notwithstanding anything to the contrary in this chapter, the previous zoning classification of the property shall not be sufficient to be deemed an "act or omission."

b.

Criteria for Part Two: Part Two. "A property owner relying in good faith." In determining whether reliance was in good faith, the following shall be considered for the purpose of Part Two of the four-part test:

1.

Whether the expenditures or obligations were clearly and directly connected to the authorizing act or omission of the city relied upon.

2.

Whether the expenditures or obligations were made or incurred subsequent to the act or omission the city relied upon.

3.

Whether the expenditures or obligations were made or incurred in a timely fashion, that is, within a reasonable period of time after the act or omission of the city relied upon.

4.

Acts by the person prior to the effective date of the administrative rezoning shall be presumed to have been in good faith. Expenditures or obligations shall be presumed not to have been made or incurred in good faith, if they were made or incurred:

a)

When a person has made a mistake or misled the city.

b)

When the act of the city on which a person is relying has been invalidated or has expired and the person knew or should have known of such invalidity or expiration.

c)

While the act of the city upon which a person is relying was being contested in the courts hearing process, except any court action or hearing process initiated prior to the effective date of any administrative rezoning initiated by the city commission.

d)

When the person knew, or should have known, that rezoning of the subject property was under consideration by the planning and zoning board, or the city commission.

c.

Criteria for Parts Three and Four.

Part Three. "Has made such a substantial change in position or incurred such extensive obligations and expenses relating to the property that it would be highly inequitable and unjust to destroy the rights acquired."

Part Four. "The development has commenced and is continuing in good faith."

For the purpose of Parts Three and Four of the four-part test, the following shall be considered in determining whether a substantial change in position has been made or extensive obligations and expenses have been incurred relating to the property such that it would be highly inequitable and unjust to destroy the rights acquired:

1.

The substantial change in position made or the extensive obligations and expenses incurred shall be clearly and directly connected to the authorizing act or omission of the city and shall be made or incurred subsequent to the act of the city relied upon.

2.

Whether actual construction has commenced and is continuing in good faith, and whether the extensive obligations or expenditures made or incurred are unique to any development previously approved and not reasonably usable for a development consistent with and permitted by the change in zoning classification.

3.

Whether the property owner has incurred extensive obligations and expenses for hard costs of development.

4.

Whether the property owner has made infrastructure improvements within or to the subject property pursuant to a written agreement or development order with the city.

5.

Whether the property owner has constructed oversized infrastructure improvements within or to the property to meet the needs of other properties.

6.

Whether a person has incurred extensive obligations and expenses for the following development-related matters that are made or incurred subsequent to the final act or omission relied upon:

a)

Engineering and architectural fees.

b)

Planning fees.

c)

Local, state and federal permit fees.

d)

Attorneys' fees.

e)

Scientific or biological studies, tests or reports.

For the purpose of Parts Three and Four of the four-part test, the cumulative effect of expenses and obligations, as well as all facts and circumstances shall be considered in determining whether a change in position is substantial or whether obligations and expenses incurred are extensive.

If the record indicates that the applicant failed to demonstrate by substantial competent evidence any one of the required parts of the four-part vest rights test set forth above, then it shall not be inequitable to deny the applicant vested rights.

(3)

Limitation on determinations of vested rights.

a.

A determination of vested rights which grants an application for determination of vested rights shall confirm such vested rights only to the extent expressly contained in such determination. Except as expressly stated herein, nothing in this chapter shall relieve the property owner from complying with any and all other city's land development regulations.

b.

Notwithstanding anything to the contrary in this section, a determination of vested rights which grants an application for determination of vested rights shall expire and be null and void unless construction is commenced and is continuing in good faith pursuant to a final development order within three years after the issuance of the determination of vested rights under this section.

c.

A determination of vested rights shall apply to and run with the land and is therefore transferable from owner to owner of the land subject to the determination of vested rights.

(Ord. No. 19-2011, § 1(Exh. A), 11-7-2011; Ord. No. 04-2016, § 1(Exh. A), 4-4-2016)