§ 86-34. Vested rights.

(a)

Based upon the following four-part test for vested rights:

(1)

Upon some act or omission of the city;

(2)

A property owner relying in good faith;

(3)

Has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired; and

(4)

That the development has commenced and is continuing in good faith.

(b)

Only the following developments are hereby determined to be vested for the purpose of this article:

(1)

Developments of regional impact as currently authorized under F.S. § 380.06, on or before the effective date of this article.

(2)

Physical on-site construction if a building permit has been issued on or before the effective date of this article.

(3)

Applications for final site plans submitted to the planning and development services department on or before effective date of this article shall be vested for a period of one year from the date of approval or one year from the effective date of this article, whichever time period is less. Any amendments or modifications to site plans that would adversely affect the previous concurrency determination shall be tested for concurrency under the provisions of this article.

(4)

Where a building permit has been issued and it remains valid on or before the effective date of this article.

(5)

Any activity exempted under chapter 106, section 106-27(a)(1), (6)and (10) of this Code.

(6)

Any application which has received ODP approval on or before the effective date of this article shall have one year from the date of approval to obtain a preliminary plat approval under the provisions of this chapter and shall have one additional year within which to obtain final plat approval. Thereafter, such ODP application shall be tested for concurrency in accordance with this article.

(7)

Any commercial or business planned unit development under the city's zoning ordinance, as amended, [chapter 110, Code of Ordinances], which was reviewed and approved under the provisions of this chapter and has commenced and is continuing in good faith as of the effective date of this ordinance.

(8)

The planning and development services director or his/her designee shall choose and develop a methodology for informing owners of above-described vested properties under this section of the expiration of said vested rights under this section. Such methodology may include, but not be limited to, newspaper notice, individual notice or notice in the public records. Once that methodology is chosen, the planning and development services director or his/her designee shall proceed to implement such methodology.

(Ord. No. 96-25, § 1(1409), 3-4-1996; Ord. No. 19-2011, § 1(Exh. A), 11-7-2011; Ord. No. 04-2013, § 1, 5-20-2013)