§ 30-583. Standards and criteria for vested rights.

In making the proposed determination, the village council will consider, in furtherance of the guidelines contained in the comprehensive plan, the following criteria:

(1)

The vested rights determination shall be limited to rights acquired prior to adoption of the comprehensive plan or land development regulations 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 village.

(2)

The applicant shall have the burden of proof, by a preponderance of the evidence, to demonstrate that he meets the standards of subsections (2)a, b, c and d of this section.

a.

There is a valid, unexpired "official act" (as enumerated below) of the village approving the proposed development, that occurred 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. To be a "valid" act, the act must have been in compliance with the comprehensive plan and land development regulations that existed at the time of approval, and the approval must have been issued by an official or body properly delegated with the authority to issue the approval. Any one of the following may constitute an "official act" of the village for purposes of the vested rights determination:

1.

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; or

2.

One or more valid, unexpired permits or approvals for development issued by the village (except that mere approval of a land use designation, map amendment, zoning designation or rezoning is insufficient to establish vested rights without additional permits or approvals for a specific development project); or

3.

A subdivision plat recorded in the official records of the county, which fulfills the criteria set forth in F.S. § 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 (2)b, (2)c and (2)d of this section with respect to development on each individual lot.

b.

This particular applicant:

1.

Relied upon the official act in "good faith" (for example, the applicant must not have had notice or knowledge of a pending change in zoning, allowable uses or density, etc., such as 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

2.

Had a reliance that was "reasonable" (for example, an act of purchasing the property, entering into contracts or incurring additional obligations after the governing land development regulations and comprehensive plan were pending or became effective does not constitute reasonable reliance).

c.

This particular 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 regulations in effect at the time of the filing of the vested rights application. To meet this requirement the applicant must demonstrate that: application of the comprehensive plan and land development regulations 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 regulations in effect at the time of the filing of the vested rights application without undue hardship merely by making 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). 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.

d.

Development of the project for which the applicant seeks a vested rights determination has commenced and has continued in good faith without substantial interruption.

(Ord. No. 01-19, § 7(4.13.3), 11-19-2001)