§ 30-372. Developments entitled to a vested rights certificate for concurrency other than schools.

(a)

Vested rights generally. Pursuant to F.S. § 163.3167(8), nothing in the comprehensive policy 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 the imposition of concurrency requirements. 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 the imposition of concurrency requirements, a DRI shall be entitled to a vested rights certificate if, on or before December 2, 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 the imposition of concurrency requirements, a development, which may be 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) above 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) the development meets at least one (1) of the following criteria:

(1)

Building permit. Any structure for which a building permit has been issued on or before December 2, 1991, and the building permit has not expired; or

(2)

Subdivisions in all zoning districts including planned developments.

a.

Residential. Any residential subdivision, or phase thereof, for which either:

1.

The subdivision was approved pursuant to chapter 65-2015, Laws of Florida, as amended, and the plat has been recorded on or before December 2, 1991; or

2.

The preliminary subdivision plat (PSP) has been approved pursuant to chapter 65-2015, Laws of Florida, on or before December 2, 1991, and has not expired.

b.

Nonresidential. Any nonresidential subdivision, or phase thereof, or platting of a single lot, for which either:

1.

The subdivision or single lot plat was approved pursuant to chapter 65-2015, Laws of Florida, as amended, and for which the plat has been recorded on or before December 2, 1991; or

2.

The preliminary subdivision plan (PSP) has been approved pursuant to chapter 65-2015, Laws of Florida, on or before December 2, 1991, and has not expired; or

(3)

Commercial projects and projects subject to site development review. Any project that is required to comply with the requirements of the county site development ordinance, County Code chapter 30, article VIII, section 30-236 et seq., for which the building permit has been issued on or before December 2, 1991; or

(4)

Public schools. Any public school project to build the actual school facility to accommodate students in the academic environment, grades kindergarten through twelfth, for which at least one (1) of the following criteria has occurred prior to December 2, 1991:

a.

The site is clearly indicated and recognized as a public school site on a recorded plat; or

b.

The site is clearly indicated and recognized as a public school site on an approved preliminary subdivision plan (PSP); or

c.

The site is proposed as a public school site and is owned by the county public school district; or

d.

The site is proposed as a public school site and is under a contract to purchase by the county public school district; or

e.

The site is proposed as a public school site and is subject to an eminent domain suit; or

(5)

Other projects. Any other project for which there is proof that as of December 2, 1991:

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 based on the project's effects on the levels of service as adopted by the comprehensive policy plan and implemented through the county concurrency management system.

(e)

Applicability of criteria. The criteria for obtaining a vested rights certificate as set forth in section 30-372(c) and (d) are not mutually exclusive, and therefore, a development may make application under more than one (1) theory. Further, if a development obtains a vested rights certificate pursuant to the criteria contained in section 30-372(c) or (d)(1), (2) or (3) and such vested rights certificate expires pursuant to section 30-373(b) or (c)(1), (2) or (3), then the development shall not be prohibited from making application for a new vested rights certificate under section 30-372(d)(5).

(f)

Subsequent approval; ability to make application.

(1)

Intent. It is the intent of the county to recognize that in those circumstances listed below a project which commenced before but ultimately receives county approval after December 2, 1991, may apply for a vested rights certificate.

(2)

Project denials. A project where:

a.

The project under normal circumstances would have been granted approval by December 2, 1991, except for a denial issued by the county; and

b.

The denial of the project is appealed; and

c.

Ultimately the denial is reversed and the requested permit or process is approved after December 2, 1991;

then the project shall be entitled to apply for a vested rights certificate as if the approval had been granted before December 2, 1991.

(3)

Third party litigation. A project where:

a.

Litigation against an approved project or a project which under normal circumstances would have been approved by December 2, 1991, is initiated by a third party before December 2, 1991; and

b.

The litigation has the effect of either preventing the county from issuing any development permits and/or preventing the project from proceeding under development permits already issued; and

c.

The litigation is ultimately decided in favor of the project;

then the project shall be entitled to apply for a vested rights certificate notwithstanding that during the pendency of the litigation the issuance of development permits by the county may have been delayed or issued after December 2, 1991, and/or the project was prevented from proceeding towards completion under any development permits issued prior to the litigation.

(Ord. No. 91-26, § 1, 12-10-91; Ord. No. 2010-10 , § 2, 9-21-10)