§ 102-136. Standards and Criteria for Vested Rights.

In making the proposed determination, the special magistrate will consider, in furtherance of the guidelines contained in Policy 101.17.1 of the Comprehensive Plan, the following criteria:

(a)

The vested rights determination shall be limited to rights acquired prior to adoption of the Comprehensive Plan or Land Development Code in effect at the time of filing of the vested rights application and shall vest only that development specifically and expressly contemplated by the valid, unexpired official act of the county.

(b)

The applicant shall have the burden of proof to demonstrate that:

(1)

There is a valid, unexpired official act (as enumerated below in subsection (b)(1)a., (b)(1)b., (b)(1)c., or (b)(1)d. of this section) of the county approving the proposed development that occurred prior to the effective date of the Comprehensive Plan or Land Development Code in effect at the time of filing of the vested rights application. To be a valid act, the act must have been in compliance with the land development regulations that existed at the time of approval, and the approval must have been issued by an official or commission properly delegated with the authority to issue the approval. Any one of the following may constitute an official act of the county for purposes of the vested rights determination:

a.

A valid, unexpired building permit issued prior to the effective date of the comprehensive plan or land development regulations in effect at the time of filing of the vested rights application;

b.

One or more valid, unexpired permits or approvals issued by the county, except that mere approval of a land use (zoning) designation or future land use designation is insufficient to establish vested rights without additional permits or approvals for a specific development project, i.e., mere zoning cannot be considered an official act that can form the basis of a vested rights determination;

c.

A subdivision plat recorded in the official records of the county, which fulfills the criteria set forth in F.S. Section 380.05(18), may be an official act except that individual lots within the subdivision must also demonstrate that this applicant acquired a vested right to build on the individual lot by obtaining additional governmental approvals or official acts concerning development on the individual lot prior to adoption of the comprehensive plan and land development regulations in effect at the time of the filing of the vested rights application, and an applicant must still demonstrate compliance with subsections (b)(2), (b)(3) and (b)(4) of this section with respect to development on each individual lot; or

d.

A valid, unexpired vested rights determination approved pursuant to the 1986 Comprehensive Plan and land development regulations, sections 102-134—102-137;

(2)

This individual, particular applicant:

a.

Relied upon the official act in good faith. (For example, the applicant must not have had notice or knowledge of an imminent or pending change in zoning, allowable uses or density, etc. A change is imminent or pending if notice of the change was published or there are active and documented efforts to develop and approve the proposed change at the time the property was purchased or expenses were incurred); and

b.

Had a reliance that was reasonable. (For example, an act of purchasing the property, entering into contracts or incurring additional obligations done after the Comprehensive Plan was pending or became effective does not constitute reasonable reliance);

(3)

This applicant incurred such substantial obligations and expenditures that it would be highly inequitable or unjust to require that the development conform with the Comprehensive Plan and Land Development Code in effect at the time of the filing of the vested rights application. To meet this requirement the applicant must demonstrate that:

a.

Application of the Comprehensive Plan and Land Development Code in effect at the time of the filing of the vested rights application would prevent or prohibit the applicant from completing the proposed development. For example, if the applicant could still complete the proposed development under the Comprehensive Plan and Land Development Code in effect at the time of the filing of the vested rights application without undue hardship by making mere modifications to the development plan, the applicant cannot demonstrate a vested right and must make the modifications required by the comprehensive plan and land development regulations in effect at the time of the filing of the vested rights application; and

b.

Substantial changes of position or expenditures incurred prior to the official act upon which the vested rights claim is based are undertaken at the applicant's own risk and will not be considered in making a vested rights determination.

(4)

Development of this project has commenced and has continued in good faith without substantial interruption.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)