§ 30-363. Developments entitled to a vested rights certificate.

(a)

Vested rights generally. Pursuant to F.S. § 163.3167(8), nothing in the comprehensive plan shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to F.S. ch. 380 or who has been issued a final local development order and development has commenced and is continuing in good faith.

(b)

Vested rights certificates. Any person may request from the county a determination of whether the person's right to complete a development is vested pursuant to subsection (a) above, and F.S. § 163.3167(8), notwithstanding that all or some part of the development is inconsistent with the comprehensive plan. Such request shall be made on application forms as the county may from time to time prescribe, and the request shall be made and shall be reviewed and approved or disapproved in accordance with the procedures described in division 4 of this article.

(c)

DRIs. Notwithstanding its inconsistency, in whole or in part, with the comprehensive plan, a DRI shall be entitled to a vested rights certificate if, as of July 1, 1991, either:

(1)

The DRI was approved by the board pursuant to F.S. § 380.06 and the pertinent development order has not expired; or

(2)

There has been issued for the DRI a binding letter of vested rights, and such rights are still valid and have not expired.

(d)

Other developments. Notwithstanding its inconsistency, in whole or in part, with the comprehensive plan, a development other than a DRI shall be deemed to have been issued a final local development order and to have commenced and to be continuing in good faith for purposes of subsection (a) and F.S. § 163.3167(8), and therefore to be entitled to a vested rights certificate, if (1) the development otherwise complies with and is allowed to proceed under all county ordinances and regulations and (2) as of June 5, 1991, the development met one (1) or more of the following criteria:

(1)

Building permit. Any structure for which:

a.

A building permit has been issued; and

b.

The building permit has not expired; and

c.

Construction has started or is started before the permit expires.

(2)

Subdivisions (residential or nonresidential).

a.

Any subdivision for which

1.

A plat for all or any part of the project has been recorded; and

2.

The subdivision was approved pursuant to chapter 65-2015, Laws of Florida, as amended; or

b.

Any subdivision for which:

1.

A preliminary subdivision plan has been approved and has not expired; and

2.

The final subdivision plan for at least one (1) phase of the project has been submitted, or genuine permitting activity has started; and

3.

Before expiration of the preliminary subdivision plan approval or July 1, 1992, whichever is earlier, construction pursuant to the preliminary subdivision plan has started or is started, or a surety in form, substance, and amount acceptable to the county guaranteeing such construction is delivered to the county; or

c.

Any subdivision which was platted in accordance with subsection (d)(2)a or b but which is subsequently required to replat due to some government action (such as but not limited to roadway construction).

(3)

Nonresidential projects. Any nonresidential project for which:

a.

The site development plan has been approved; and

b.

The approval of the site development plan has not expired; and

c.

Construction has started or is started before expiration of the approval of the site development plan.

(4)

Planned developments. Any planned development for which:

a.

The land use plan has been approved; and

b.

A complete application for approval of a development plan for all or a substantial part of the project has been received or is received by the county no later than July 1, 1992; and

c.

The application for approval is granted.

(5)

Lot splits. Any lot that was approved by the county and indicated on the official zoning maps of Orange County as part of a lot split of a larger parcel, but only if a building permit is issued for the lot before July 1, 1996.

(6)

Proposed subdivisions. Any proposed subdivision for which:

a.

A development order approving the appropriate zoning has been granted; and

b.

A complete application for approval of the preliminary subdivision plan has been received by the county; and

c.

The application for approval is granted; and

d.

Before expiration of the preliminary subdivision plan approval, either construction pursuant to the preliminary subdivision plan is started or a surety in form, substance, and amount acceptable to the county guaranteeing such construction is delivered to the county.

(7)

Residential building permit applications. Any proposed residential structure for which:

a.

A development order approving the appropriate zoning has been granted; and

b.

A complete application for a building permit has been received by the county; and

c.

The application is approved; and

d.

Construction is started before the permit expires.

(8)

Nonresidential building permit applications. Any proposed nonresidential structure for which:

a.

A development order approving the appropriate zoning has been granted; and

b.

A complete application for approval of the site development plan has been received by the county; and

c.

The application is approved; and

d.

Construction is started before the building permit expires.

(9)

Urban infill. Any proposed residential structure for which all of the following requirements are met:

a.

Is located in the urban service area; and

b.

Is located in an appropriate zoning district to construct a single-family or duplex structure; and

c.

The requisite facilities and services are available to the parcel at no additional cost to the county; and

d.

If necessary, can meet or reasonably obtain a variance from all applicable zoning requirements, e.g., lot size, setbacks, etc. (Note: A vested rights certificate does not waive the necessity of obtaining a variance if one (1) is required to utilize the parcel); and

e.

The planning and development director determines that the structure, if built, would fill in undeveloped land within existing urban residential development in a manner consistent with the county's policies to encourage compact urban development and discourage urban sprawl (that is, it would constitute a bona fide "urban infill" project).

(10)

Parcels of record in rural settlements. Any parcel of property that was legally created and either (i) recorded in the public records of the county prior to May 21, 1991, or (ii) sold under a valid "contract for deed" prior to May 21, 1991, and that has a land use designation permitting a residential structure in a rural settlement, may be developed with a single principal residential structure and related ancillary structures notwithstanding the future land use designation. Furthermore, an existing or future residential structure in a rural settlement shall be allowed to be expanded, enlarged, renovated, demolished or removed, and rebuilt or replaced. However, this vested right shall not act to exempt any project from other county land development regulations; and multiple contiguous parcels in common ownership or under a common "contract for deed" as of May 21, 1991, shall be aggregated and deemed to be one (1) parcel for purposes of this criteria.

(11)

Environmentally sensitive large lots in the urban service area. Any residential lot or lots for which all of the following requirements are met:

a.

Is located in the urban service area; and

b.

Is located in an appropriate zoning district to construct a single-family structure; and

c.

The requisite facilities and services are available to the lot or lots at no additional cost to the county; and

d.

The planning and development director determines that, because the lot or lots are in a location that is actually in or is in close proximity to environmentally sensitive resources, development less dense than indicated on the comprehensive policy plan future land use map is warranted to promote, consistent with the comprehensive policy plan, conservation of such environmentally sensitive resources. Environmentally sensitive resources may include, but are not limited to, floodplains, conservation areas and the habitat of wildlife or plants which are listed as threatened, endangered or species of special concern.

(12)

Other development. Any other project for which there is proof that:

a.

A development order has been issued or the county has otherwise taken official action specifically with respect to development of the property; and

b.

Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development have been incurred or there has otherwise been a substantial change in position; and

c.

Such obligations, expenses, and change in position were undertaken by the property owner in good faith reliance on the actions taken by the county; and

d.

It would be unfair to deny the property owner the opportunity to complete the project because of its inconsistency with the plan.

(e)

Permit expirations; substantial deviations, etc.

(1)

The purpose of this division 2 is only to specify the circumstances under which a person may undertake or continue the development of land despite the inconsistency of the development with the comprehensive plan, and nothing in this division 2 shall act to create rights that otherwise do not exist. Therefore, as implied above, upon the expiration of any development order or permit or approval that serves as the predicate for the property owner's right under this division 2 to develop, the rights granted under this division 2 shall likewise expire. Also, if any application for a permit or other approval is denied, or if the application is granted but the permit or approval later expires for lack of construction or otherwise, and if the submission of the application serves as the predicate for the rights granted under this division 2, then the rights granted hereunder shall also expire.

(2)

Furthermore, any such development shall continue to be subject in all respects to all laws, ordinances, rules, and regulations and shall continue to be subject to all terms, conditions, requirements and restrictions contained in any development order or permit or approval or binding letter of vested rights pertaining to the particular development.

(3)

Any substantial change or substantial deviation from the terms of the development order upon which a vested rights certificate was predicated shall cause the change or deviation to become subject to the comprehensive policy plan.

(f)

Activity centers.

(1)

Notwithstanding any part of this division 2 to the contrary, subject to subsection 30-363(f)(2) any development that is located within an activity center identified in the comprehensive plan shall comply with all requirements and restrictions imposed on properties in the activity center by both the comprehensive plan and the corresponding strategic development plan, and the issuance of a vested rights certificate under this article shall not act to exempt the development from such requirements and restrictions in any respect.

(2)

A development authorized as of July 1, 1991, as a development of regional impact pursuant to F.S. ch. 380 or a DRI with a binding letter of vested rights shall be exempt from all requirements and restrictions imposed on properties in an activity center by both the comprehensive plan and the corresponding strategic development plan.

(Ord. No. 91-18, § 1, 9-10-91; Ord. No. 91-26, § 3, 12-10-91)