The 1988 county comprehensive plan shall consist of the following elements containing directives, goals, objectives, policies, implementation strategies and data and analyses, glossary, monitoring procedures and appendices (attachment A):

(Code 1979, § 14-61; Ord. No. 99-60, 11-30-99; Ord. No. 08-26, § 3(Exhs. A, B), 8-5-08; Ord. No. 08-44, § 3(Exh. B), 11-6-08; Ord. No. 08-45, § 3(Exh. B), 11-6-08; Ord. No. 09-04, § 3(Exhs. A, B), 2-5-09; Ord. No. 09-05, § 3(Exhs. A, B), 2-5-09; Ord. No. 09-09, § 3(Exhs. A, B), 3-10-09; Ord. No. 09-11, § 3(Exhs. A, B), 4-9-09; Ord. No. 09-18, § 3(Exhs. A, B), 5-28-09; Ord. No. 09-21, § 3(Exhs. A, B), 7-21-09; Ord. No. 09-30, § 3(Exhs. A, B), 11-5-09; Ord. No. 09-34, § 3(Exhs. A, B), 12-1-09; Ord. No. 09-36, § 3(Exhs. A, B), 12-15-09; Ord. No. 09-37, § 3(Exhs. A, B), 12-15-09; Ord. No. 10-02, § 3(Exhs. A, B), 2-4-10; Ord. No. 10-26, § 3(Exh. A), 12-21-10; Ord. No. 10-27, § 3(Exh. A), 12-21-10; Ord. No. 11-02, § 3(Exh. A), 2-8-11; Ord. No. 11-09, § 3(Exh. A), 3-8-11; Ord. No. 11-11, § 3(Exh. A), 3-8-11; Ord. No. 11-22, § 3(Exhs. A, B), 8-4-11; Ord. No. 11-24, § 3(Exh. A), 8-9-11; Ord. No. 11-25, § 3(Exh. A), 8-9-11; Ord. No. 11-26, § 3(Exh. A), 8-9-11; Ord. No. 11-27, § 3(Exh. A), 8-9-11; Ord. No. 2011-36, § 3(Exh. A), 12-1-11; Ord. No. 11-37, § 3(Exh. A), 12-13-11; Ord. No. 11-38, § 3(Exh. A), 12-13-11; Ord. No. 11-39, § 3(Exh. A), 12-13-11; Ord. No. 11-40, § 3(Exh. A), 12-13-11; Ord. No. 11-41, § 3(Exh. A), 12-13-11; Ord. No. 12-02, § 3(Exh. A), 2-2-12; Ord. No. 12-21, § 3, 8-2-12; Ord. No. 12-22, § 3, 8-2-12; Ord. No. 12-29, § 3, 10-4-12; Ord. No. 12-30, § 3, 10-4-12; Ord. No. 12-31, 10-9-12; Ord. No. 12-32, 10-9-12; Ord. No. 12-33, 10-9-12; Ord. No. 13-02, 2-7-13; Ord. No. 13-03, 2-7-13; Ord. No. 13-20, 5-30-13; Ord. No. 13-21, 5-30-13; Ord. No. 13-22, 5-30-13; Ord. No. 13-23, 5-30-13; Ord. No. 13-27, § 3, 8-1-13; Ord. No. 13-29, § 3, 9-12-13; Ord. No. 13-34, § 3, 10-3-13; Ord. No. 13-41, § 3, 12-5-13; Ord. No. 13-42, § 3, 12-5-13; Ord. No. 13-43, § 3, 12-5-13; Ord. No. 13-44, § 3, 12-5-13; Ord. No. 14-4, § 3, 2-6-14; Ord. No. 14-5, § 3, 2-6-14; Ord. No. 14-6, § 3, 2-6-14; Ord. No. 14-7, § 3, 2-6-14; Ord. No. 14-15, § 3, 5-1-14; Ord. No. 14-15a, § 3, 5-29-14; Ord. No. 14-16a, § 3, 5-29-14; Ord. No. 14-17, § 3, 5-29-14; Ord. No. 14-18, § 3, 5-29-14; Ord. No. 14-19, § 3, 5-29-14; Ord. No. 14-23, § 3, 9-4-14; Ord. No. 14-24, § 3, 9-4-14; Ord. No. 14-25, § 3, 9-4-14; Ord. No. 14-26, § 3, 9-4-14; Ord. No. 15-04, § 3, 3-31-15; Ord. No. 15-05, § 3, 3-31-15; Ord. No. 15-08, § 3, 5-7-15; Ord. No. 15-09, § 3, 5-7-15; Ord. No. 15-10, § 3, 5-7-15; Ord. No. 15-16, § 3, 5-28-15; Ord. No. 15-21, § 3, 8-6-15; Ord. No. 15-22, § 3, 8-6-15; Ord. No. 16-01, § 3, 3-3-16; Ord. No. 16-02, § 2, 3-3-16; Ord. No. 16-03, § 2, 4-17-16; Ord. No. 16-05, § 2, 5-5-16; Ord. No. 16-10, § 3, 5-26-16; Ord. No. 16-12, § 3, 8-9-16; Ord. No. 16-16, § 3, 8-23-16; Ord. No. 16-17, § 3, 9-1-16; Ord. No. 16-23, § 3, 10-13-16; Ord. No. 16-26, 12-1-16; Ord. No. 16-27, 12-1-16; Ord. No. 16-28, 12-1-16; Ord. No. 17-01, 2-2-17; Ord. No. 17-02, 2-2-17; Ord. No. 17-03, 3-2-17; Ord. No. 17-05, 5-4-17; Ord. No. 17-06, 5-4-17; Ord. No. 17-07, 5-4-17; Ord. No. 17-08, 5-4-17; Ord. No. 17-14, 5-25-17; Ord. No. 17-18, 8-3-17; Ord. No. 17-19, 8-3-17; Ord. No. 17-23, 10-5-17; Ord. No. 17-27, § 3, 12-7-17; Ord. No. 18-03, § 3, 2-1-18; Ord. No. 18-14, § 3, 5-24-18; Ord. No. 18-15, § 3, 5-24-18; Ord. No. 18-18, § 3, 8-2-18; Ord. No. 18-20, § 3, 9-6-18; Ord. No. 18-21, § 3, 10-4-18; Ord. No. 18-25, § 3, 11-1-18; Ord. No. 18-30, § 3, 12-18-18; Ord. No. 19-03, § 3, 2-7-19; Ord. No. 19-04, § 3, 3-7-19; Ord. No. 19-05, § 3, 3-7-19; Ord. No. 19-08, § 3, 5-21-19; Ord. No. 19-12, § 3, 5-30-19; Ord. No. 19-13, § 3, 5-30-19; Ord. No. 19-23, § 3, 11-12-19; Ord. No. 19-25, § 3, 12-5-19; Ord. No. 20-03, § 3, 2-6-20; Ord. No. 20-07, § 3, 5-5-20; Ord. No. 20-08, § 3, 7-9-20; Ord. No. 20-11, § 3, 8-6-20; Ord. No. 20-12, § 3, 8-6-20; Ord. No. 20-17, 10-1-20; Ord. No. 20-20, 11-5-20; Ord. No. 20-21, 11-5-20; Ord. No. 20-22, 12-3-20; Ord. No. 20-23, 12-3-20; Ord. No. 20-24, 12-3-20; Ord. No. 2021-02, 2-4-21; Ord. No. 21-08, § 3, 4-15-21; Ord. No. 21-15, § 3, 5-27-21; Ord. No. 21-17, § 3, 8-5-21; Ord. No. 21-24, § 3, 9-2-21; Ord. No. 21-25, § 3, 11-4-21; Ord. No. 21-26, § 3, 12-2-21 ; Ord. No. 21-27, § 3, 12-2-21; Ord. No. 22-02, § 3, 1-3-22; Ord. No. 22-03, § 3, 1-3-22; Ord. No. 22-08, § 3, 4-7-22; Ord. No. 22-09, § 3, 4-7-22; Ord. No. 22-14, § 3, 5-5-22; Ord. No. 22-15, § 3, 5-5-22; Ord. No. 22-16, § 3, 5-26-22; Ord. No. 22-17, § 3, 5-26-22; Ord. No. 22-22, § 3, 8-4-22; Ord. No. 22-23, § 3, 8-4-22; Ord. No. 22-24, § 3, 8-4-22; Ord. No. 22-26, § 3, 9-1-22; Ord. No. 22-27, § 3, 9-1-22; Ord. No. 22-30, § 3, 10-6-22; Ord. No. 2022-34, § 2, 11-15-22; Ord. No. 22-35, § 3, 12-1-22; Ord. No. 22-36, § 3, 12-1-22; Ord. No. 2023-05, § 3(Exh. A, B), 4-6-23; Ord. No. 2023-06, § 3(Exh. A, B), 4-6-23; Ord. No. 23-07, § 3(Exh. A, B), 5-4-23; Ord. No. 23-08, § 3(Exh. A, B), 5-4-23; Ord. No. 23-09, § 3(Exh. A, B), 5-4-23; Ord. No. 23-10, § 3(Exh. A, B), 5-4-23; Ord. No. 23-15, § 3(Exh. A, B), 7-13-23; Ord. No. 23-16, § 3(Exh. A, B), 8-3-23; Ord. No. 23-17, § 3(Exh. A, B), 8-3-23; Ord. No. 23-19, § 3(Exh. A, B), 9-5-23; Ord. No. 23-20, § 3(Exh. A, B), 9-5-23; Ord. No. 23-21, § 3(Exh. A, B), 9-5-23; Ord. No. 23-22, § 3(Exh. A, B), 9-5-23; Ord. No. 23-23, § 3(Exh. A, B), 9-5-23; Ord. No. 23-26, § 3(Exh. A, B), 9-5-23; Ord. No. 23-32, § 3(Exh. A, B), 12-7-23; Ord. No. 23-33, § 3(Exh. A, B), 12-7-23; Ord. No. 24-02, § 3(Exh. A, B), 2-1-24; Ord. No. 24-03, § 3(Exh. A, B), 2-1-24; Ord. No. 24-05, § 3(Exh. A, B), 4-4-24; Ord. No. 24-06, § 3(Exh. A, B), 4-4-24; Ord. No. 24-13, § 3(Exh. A, B), 7-11-24; Ord. No. 24-14, § 3(Exh. A, B), 7-11-24; Ord. No. 24-15, § 3(Exh. A, B), 7-11-24; Ord. No. 24-17, § 3(Exh. A, B), 8-1-24; Ord. No. 24-21, §§ 2, 3(Exh. A, B), 9-5-24; Ord. No. 24-22, § 3(Exh. A, B), 9-5-24; Ord. No. 24-23, § 3(Exh. A, B), 9-5-24; Ord. No. 24-24, § 3(Exh. A, B), 9-5-24; Ord. No. 24-25, § 3(Exh. A, B), 10-3-24; Ord. No. 24-26, § 3(Exh. A, B), 10-3-24; Ord. No. 25-01, § 3(Exh. B), 2-6-25; Ord. No. 25-02, § 3(Exh. B), 2-6-25; Ord. No. 25-04, § 3(Exh. A, B), 4-3-25; Ord. No. 25-05, § 3(Exh. A, B), 5-1-25; Ord. No. 2025-09, § 3(Exh. A, B), 7-17-25; Ord. No. 2025-10, § 3(App. 3), 7-17-25; Ord. No. 2025-11, § 5(Exh. B), 7-17-25; Ord. No. 2025-13, § 5(Exh. B), 8-7-25; Ord. No. 25-16, § 3(Exh. A, B), 9-4-25; Ord. No. 25-17, § 3(Exh. A, B), 9-4-25; Ord. No. 25-19, § 3(Exh. A, B), 10-2-25)

(a)

The comprehensive plan may be amended in accordance with the procedures established by state statute.

(b)

Any party may request consideration of an amendment to the comprehensive plan and shall submit the following information to the planning and development services department, on a form provided by the county, and pay a fee established by resolution by the board of county commissioners from time to time:

(1)

Request to change the text of the comprehensive plan. Text shall include any goal, objective, policy, implementation strategy, directive and any supporting data and analysis, including maps, figures and tables.

a.

Identification of the particular element of the plan on which the request is based;

b.

Citation of the existing language which is proposed to be changed;

c.

Proposed rewording of the existing language or the wording of proposed new text; and

d.

A written statement explaining the rationale and the appropriate data and analysis necessary to support the proposed change.

(2)

Request to change the future land use.

a.

Identification of the existing future land use designation;

b.

Requested future land use and/or service sector designation;

c.

Written statement explaining the rationale for the proposed change;

d.

General location of the subject property;

e.

Complete legal description of the subject property;

f.

Certified survey of the subject property;

g.

Copy of the most recent warranty deed; and

h.

Notarized statements from all property owners listed on the warranty deed who are authorizing another party to act on their behalf as the applicant.

(3)

Application deadline. The deadlines for applications requesting an amendment to the comprehensive plan shall be at 4:30 p.m. on the last business day of June and December of every year.

(c)

The local planning agency and the board of county commissioners shall consider applications accepted from the private sector pursuant to the application deadlines established in subsection (b)(3) of this section and changes proposed by county staff, citizen resource group, or other county advisory body.

(d)

Proposed amendments to the comprehensive plan, as advertised, shall be available for inspection by the public pursuant to the board of county commissioners Resolution No. 88-270.

(Code 1979, § 14-61.1; Ord. No. 98-12, § 2, 2-26-98; Ord. No. 2002-01, § 1, 1-8-02)

State Law reference— Amendment of comprehensive plan, F.S. §§ 163.3184, 163.3187.

The Canaveral Port Authority's port master plan is hereby incorporated into the coastal management element of the 1988 county comprehensive plan pursuant to F.S. § 163.3178. The act of incorporating does not constitute adoption, or a finding of consistency with the coastal management element of the 1988 county comprehensive plan, nor does it infer implementation and enforcement responsibilities on behalf of the board of county commissioners.

(Code 1979, § 14-62)

(a)

After and from the effective date of the ordinance from which this article is derived, and all amendments thereto, all development undertaken by and all actions taken in regard to development orders of the board of county commissioners shall be consistent with the elements of the 1988 county comprehensive plan adopted in this article and as amended.

(b)

The board of county commissioners shall be the sole authority for enacting or implementing the provisions of the comprehensive plan, unless otherwise delegated to a specific designee.

(c)

All land development regulations enacted or amended shall be consistent with the elements of the county comprehensive plan adopted by this article and as amended, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan shall be amended so as to be consistent. During the interim period when the provisions of the adopted plan and the land development regulations are inconsistent, the provisions of the adopted comprehensive plan shall govern any action taken in regard to an application for a development order. From the effective date of the ordinance from which this article is derived, no land development regulations, land development code or amendment thereto shall be adopted by the board of county commissioners until such regulation, code or amendment has been referred to the local planning agency for review and recommendation as to the relationship of such proposal to the 1988 comprehensive plan. The recommendation of the local planning agency shall be made within a reasonable time, but no later than two months after the proposal is referred to the agency. If no recommendation is made within the time limitation provided, the board of county commissioners may then act on the adoption of the proposal. If the board of county commissioners receives a recommendation from the agency at any time prior to the expiration of the two-month period, the board of county commissioners may take action on the recommendation.

(d)

For purposes of this section, the terms "land development regulations" and "regulations for the development of land" shall include zoning regulations, subdivision regulations, building and construction regulations, or other regulations controlling the development of land within the unincorporated areas of the county.

(e)

It is the specific intent of this article that the 1988 county comprehensive plan and subsequent amendments shall have the legal status set forth in F.S. § 163.3194, as amended. No public or private development of land within the unincorporated areas of the county shall be permitted, except in conformity with the elements of the 1988 county comprehensive plan adopted in this article.

(f)

The adoption of this article and any amendment thereto shall not affect the continued processing of, or the ability to approve, development permit applications for property being developed pursuant to:

(1)

Article VIII of this chapter, applying to site development plans, and article VII of this chapter, applying to the subdivision of land, where such site development plan applications or subdivision plat and associated engineering plans are complete and have been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which this article is derived or any amendment thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter;

(2)

Article VI, division 4, subdivision V, of this chapter, applying to planned unit development phases, where a phase's final development plan is complete and has been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which this article is derived or any amendments thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter; or

(3)

Chapter 22, applying to the construction of buildings, where a construction building permit application is complete and has been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which this article is derived or any amendment thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter.

(Code 1979, § 14-63)

State Law reference— Legal status of comprehensive plan, F.S. § 163.3194.

The planning and development services department director or his designee shall be responsible for the general administration of the comprehensive plan. The director shall be responsible for reviewing all ordinances, and, pursuant to F.S. § 163.3194(2), identifying those which pertain to land development for submission to the local planning agency for its review, consideration and recommendation to the board of county commissioners. The director shall be responsible for evaluating all development orders pursuant to the 1988 comprehensive plan, and shall assign duties to the appropriate divisions of the planning and development services department relating to this responsibility. Final development orders shall be as provided for in the comprehensive plan's glossary.

(Code 1979, § 14-59)

The county local planning agency shall hear appeals relating to any administrative decision or determination concerning implementation or application of the comprehensive plan's provisions, and shall submit recommendations to the board of county commissioners for approval or denial. The board of county commissioners shall establish procedures and provide proceedings and times for appeals. The growth management department director or his designee shall be the secretary to the local planning agency.

(Code 1979, § 14-60)

(a)

Generally. The board of county commissioners shall hear appeals relating to any administrative decision or interpretation concerning the implementation of the 1988 county comprehensive plan, as amended, and the regulations contained in article X of this chapter, as well as any Bert Harris claim or claim that temporary or permanent taking of property has occurred. As to appeals involving the comprehensive plan, if so requested by the property owner the local planning agency may hear the appeal, take public comment and make a recommendation to the board of county commissioners as to the appropriateness of the interpretation of the plan or decision implementing the plan. The board of county commissioners shall hold a second public hearing and shall make the final decision approving or disapproving the administrative decision or interpretation. A special master shall be appointed by the board of county commissioners to hold a quasi-judicial hearing and issue a proposed order recommending the grant or denial of vested rights on applications for vested rights filed by persons claiming such rights against the county. Property owners alleging a taking of property or abrogation of vested rights or appealing an administrative decision or interpretation must affirmatively demonstrate the merits of their claim by exhausting the administrative action provided in this section. If an ordinance reiterates the language or intent of a comprehensive plan provision addressed by an appeal under this section, the decision of the board of county commissioners relating to the comprehensive plan provision shall also apply to the affected ordinance. However, in no event shall this section be substituted for or used to bypass the variance and appeal procedures established under article II of this chapter.

(b)

Application.

(1)

If any party aggrieved by an administrative decision; application of a new regulation resulting in an alleged inordinate burden; interpretation; alleged taking; or abrogation of vested rights wishes to take a claim or an appeal to the board of county commissioners or, in a vested rights case, to an appointed special master. An application for consideration of the claim shall, unless otherwise specified by law, be filed with the county within 30 calendar days from the date of rendition of the original adverse written decision or interpretation giving rise to the claim. The first written decision or interpretation of the administrative official giving rise to the appeal, takings claim or vested rights claim that specifies the precise basis for the decision and the supporting rationale underlying the decision shall be the only rendition of the decision or interpretation that qualifies for review under this section.

(2)

a.

Claims of a taking are limited solely to extreme circumstances rising to the level of a potential denial of rights under the constitutions of the United States and the state. The procedures provided in this section for demonstrating such a taking are not intended to be utilized routinely or frivolously, however, after considering a takings claim the county commission determines that no taking has occurred the commission's decision shall constitute a ripening decision that the applicant may accept as the county's final decision for the purposes of seeking de novo judicial review of a takings claim.

b.

The property owner or the attorney for the property owner shall exercise due diligence in the filing and argument of any sworn statement, administrative remedy or other claim for a taking, abrogation of vested rights or Bert Harris Act claim. The signature of the property owner or the attorney for the property owner upon any document in connection with a claim of taking, abrogation of vested rights or Bert Harris Act claim shall constitute a certificate that the person signing has read the document and that to the best of his knowledge it is supported by good grounds and that it has not been presented solely for delay. The property owner and the attorney for the property owner shall have a continuing obligation throughout the proceedings to correct any statement or representation found to have been incorrect when made or which becomes incorrect by virtue of changed circumstances. If a claim of taking, Bert Harris Act claim or abrogation of vested rights is:

1.

Based upon material misrepresentation of facts that the property owner or the attorney for the property owner knew or should have known was not true; or

2.

Frivolous or filed solely for the purposes of delay, the appropriate county board, special master or agency shall make such a finding and may dismiss, deny or, in the case of a special master, recommend denial of the application or pursue any remedy or impose any penalty provided by law or ordinance.

c.

Takings claims will be reviewed by applying recognized judicial criteria for determining the existence or non-existence of a taking under state and federal constitutional law. Bert Harris Act claims will be reviewed under the standards and procedures described in F.S. § 70.01 or any successor or amended version of such statute.

(3)

The application shall be accompanied by a fee established by resolution of the board of county commissioners from time to time. The application shall contain the following information:

a.

The name, address and telephone number of the person making the appeal.

b.

The names of the owners of the affected parcel.

c.

The citation of the specific provision or provisions, if any, of applicable ordinances, the comprehensive plan or of article X of this chapter to which the administrative decision or interpretation is related and from which the appeal or claim results.

d.

A copy of the written request for an administrative decision or interpretation, if any, and the written action describing the nature of the decision or interpretation giving rise to the appeal or claim. Either the written action or the application shall include the name of the administrative officer who made the decision or interpretation and the date of the decision or interpretation. As to interpretations of the county comprehensive plan, decisions of the county manager or designee, shall be appealable. As to the regulations contained in article X of this chapter, the decisions of the county manager or designee shall be appealable.

e.

A sworn statement from the aggrieved party or property owner describing the basis of the appeal or claim. The sworn statement shall be accompanied by copies of any contracts, letters, appraisals, reports or any other documents, items or things upon which the applicant's claim is based. A list of the names and addresses of any witnesses which the applicant proposes to present in support of the claim and a summary of the testimony of each witness is also required. Supplemental or newly discovered evidentiary or documentary support for a claim may be filed until seven days before any scheduled meeting or hearing at which the claim or appeal will be considered.

(c)

Public hearing; notice requirements.

(1)

Upon receipt of the completed application for the appeal or presentation of claim, the county manager or his authorized designee shall schedule a public hearing before the local planning agency (at the discretion of the property owners) and the board of county commissioners or, in the case of a vested rights application, forward the application to a special master designated to hear the claim. Notice of the date, time and place of the public hearing(s) or special master hearing shall be provided to the applicant and the public as provided in subsection (c)(2) of this section.

(2)

Notice of the nature of the appeal or claim and the date, time and place of the public hearings for the appeal shall be published twice: once not less than 14 days prior to the date of the local planning agency hearing, if one has been requested by the applicant, and the second at least five days prior to the local planning agency hearing. Notice of the special master hearing shall be published once at least 14 days prior to the date set for the hearing. All advertisements shall be placed in a newspaper of general circulation within the county. Such notice shall also contain the name of the applicant or claimant and the citation of the specific comprehensive plan provision or the ordinance on which the administrative decision or interpretation and the appeal is based, or a general summary of the claim made if a taking of property or abrogation of vested rights is alleged.

(d)

Criteria for consideration of vested rights. The following criteria shall be considered by the special master in review of a vested rights claim. Upon a determination that the applicant has demonstrated compliance with the vested rights criteria below by a preponderance of substantial competent evidence and upon a determination that granting vested rights will not create imminent peril to public health, safety or general welfare of the residents of the county, the special master shall forward a proposed order recommending that the county commission grant vested rights, with or without conditions. However, if the application is not supported by substantial competent evidence demonstrating compliance with the criteria below, the special master shall forward a proposed order recommending that the county commission deny the vested rights application.

(1)

The vested rights criteria to be considered and applied by the special master are as follows:

a.

There is an act or omission of the county provided, a zoning or rezoning action in and of itself does not guarantee or vest any specific development rights.

b.

The property owner acted in good faith reliance on the county's act or omission, provided failure to act within the time requirements of this chapter may negate a claim that the owner acted in good faith upon some act or omission of the county or that the development has continued in good faith under F.S. § 163.3167(8).

c.

The property owner substantially changed position in reliance upon the act or omission of the county to the extent that the obligation and expense of the change of position would be highly unjust or inequitable so as to destroy the right acquired provided the following are not considered development expenditures or obligations that would qualify an applicant for vested rights: legal expenses, expenditures not related to design or construction, taxes or expenditures for acquisition of the land.

(2)

Existing single-family residences utilized as permanent residences and established prior to the comprehensive plan adoption on September 9, 1988, even if inconsistent with the zoning code, may be considered for vested rights. For the purposes of this subsection an "existing single-family residence" includes a single-family lot upon which:

a.

An occupied single-family homestead exempt residence existed prior to or after September 9, 1988; or

b.

A concrete foundation still exists from a single-family homestead exempt residence that was destroyed by fire or natural disaster prior to September 9, 1988.

c.

Any person previously denied vested rights for a lot now meeting the requirements under subsection (2)b. shall be deemed to have vested rights to construct a single-family residence on the lot without further action by the county commission or the special magistrate.

(3)

Projects with vested status will be treated as nonconforming as described in chapter 62, article VI, division 2, subdivision II, section 62-1181.

(4)

Notwithstanding the entry of a special master's order granting vested rights, all development proposed by the applicant receiving the favorable vested rights order must comply with the concurrent requirements of the comprehensive plan.

(5)

Within 45 days of completing a vested rights hearing, the special master or support staff shall forward a copy of the record and a proposed order to the county commission. The proposed order shall contain the following:

a.

Findings of fact with record citations. The special master's findings of fact shall be presumed to be correct and the burden is on the party disputing a finding of fact to demonstrate that the findings of fact are not supported by substantial competent evidence or are clearly erroneous;

b.

Proposed legal conclusions addressing the criteria for vested rights set forth in this ordinance. Proposed legal conclusions will be presumed to be correct and the burden is on the party disputing the proposed conclusion of law to demonstrate that the special master has misinterpreted or misapplied the applicable law. However, the board of county commissioners may reject any legal conclusion if, after reviewing the applicable ordinance criteria as applied to facts, the board has a reasonable, differing interpretation as to how the ordinance criteria apply to the facts;

c.

A recommendation that vested rights be granted; granted with conditions; or denied.

d.

For the purposes of this subparagraph, parties shall mean the applicant, any co-applicant and the county.

(6)

The board of county commissioners shall consider the proposed vested rights order as an agenda item at a meeting which should be held within 30 days after the date of receipt of the proposed order in accordance with the following procedures:

a.

No evidence will be taken by the county commission and the board shall make its decision based solely upon the record, findings of fact and the oral argument of parties to the proceeding, which shall be limited to ten minutes per party. If a party attempts to introduce new evidence, the board shall remand the proceeding to the special master for review of that evidence.

b.

Any party, staff, or person wishing to submit written argument in support of or against the proposed order must submit written argument at least 14 days prior to the date upon which the proposed order will be considered.

c.

Based upon the record, the ordinance and the findings of fact set forth proposed order, the board shall either move to grant vested rights; grant vested rights with conditions; or deny vested rights. In so doing, the board shall either adopt the special master order or enter its own order within 30 days of the date the motion is voted upon.

(7)

An applicant who disagrees with a vested rights decision of the board of county commissioners may take an appeal of that decision by petition for writ of certiorari to the circuit court filed within 30 days of rendition of the board's order. An applicant who disagrees with a decision of the board of county commissioners on a takings claim may, as an alternative to and in lieu of de novo judicial review, elect to take an appeal of that decision by petition for writ of certiorari to the circuit court filed within 30 days of rendition of the board's order.

(8)

Vested rights by consent. The board of county commissioners hereby authorizes the special master to administratively grant consent vested rights to applicants, in a consent agenda format, without the review or approval of the county commission and without conducting a public hearing or evidentiary hearing if the following standards are met:

a.

The special master finds, from a review of the application submitted and supporting materials provided by county staff, including the consent provided for in subsection b., that the criteria for vested rights set forth in subsection 62-507(d)(1) have been met;

b.

The applicant and the county, through its county manager or department director:

1.

Have expressed agreement in writing that the criteria set forth in subsection 62-507(d)(1) have been met, and

2.

Have provided an executed consent, in writing, to either the grant of vested rights, or the grant of vested rights with conditions that are reasonably required to assure as much consistency with the comprehensive plan or land development regulations as is practically or economically feasible based upon the magnitude of the applicant's detrimental financial reliance; and

c.

No person has appeared at the special magistrate hearing in opposition to the application for vested rights.

d.

The claim can not involve a use that is not permitted within the property's comprehensive plan or zoning classification.

e.

A setback or building square footage calculation can not be decreased/increased by over 50 percent.

f.

Building height can not be considered as a consent item.

g.

The county manager may waive or reduce the application fee to cover only actual application processing costs if the applicant is granted consent vested rights and provides evidence that the application fee would impose an unreasonable financial hardship.

(e)

Presumed vested status. The following categories shall be presumptively vested and shall not be required to file an application to establish or preserve their vested rights status.

(1)

Nonconforming lots defined in section 62-1188.

(2)

Development pursuant to:

a.

Article VIII of this chapter, applying to site development plans, and article VII of this chapter, applying to the subdivision of land, where such site development plan applications or subdivision plan and associated engineering plans are complete and have been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which article III is derived or any amendment thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter;

b.

Article VI, division 4, subdivision V of this chapter, applying to planned unit development phases, where a phase's final development plan is complete and has been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which article III is derived or any amendments thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter; or

c.

Chapter 22, applying to the construction of buildings, where a construction building permit application is complete and has been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which article III is derived or any amendment thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter.

(f)

Criteria for amendments to vested site development plans and subdivision plans.

(1)

Where a site development plan or subdivision plan has been vested, and the comprehensive plan has subsequently been amended so that the vested project is no longer consistent with the comprehensive plan or plan amendment, the county may consider an approval to amend the site development plan or subdivision plan based upon the following criteria:

a.

The site development plan shall be deemed to be active, and the application for amendment shall be made prior to the expiration date of the site development plan approval.

b.

The application shall require sworn information relevant and material to a determination of modification, including, but not limited to:

1.

A detailed description of the existing or pending vested rights project, including a detailed description of the particular development in question.

2.

A detailed description of the proposed change.

3.

A detailed comparison of the impacts on facilities and services for which the comprehensive plan establishes level of service standards for both the vested development and the proposed modified development.

4.

A detailed comparison of the impacts on the environment.

5.

A detailed analysis of the compatibility of the proposed modified development with surrounding land uses and the character of the area.

6.

A complete itemization of the approvals and permits encompassed by the vested development as compared with those encompassed by the proposed modified development.

c.

The requested amendment shall reduce the impacts of the site development plan by no less than 30 percent of one or more of the public services and facilities included within the concurrency review; or there shall be a reduction in the impacts to protected natural resources; or the requested amendment shall provide for innovative engineering plans that provide for a safer traffic design; or provide for an increase of more than ten percent for storage of stormwater retention and detention; or provide for an increase of more than ten percent for preservation of native vegetation; or the requested amendment shall provide for further compatibility with the surrounding land uses and the character of the area. In no case shall an amendment be approved which results in an increase of impacts to public facilities and services, or protected natural resources.

d.

The requested amendment shall be consistent with all applicable land development regulations, and the requirements of a specified zoning classification(s) as identified by the county, and shall bring the project into closer compliance with the comprehensive plan and provide for further compatibility with the surrounding land uses and the character of the area.

(2)

The request for amendment of the site development plan or subdivision plan shall be considered by the board of county commissioners in public hearing after adequate public notice. The board of county commissioners shall make the final decision granting or denying the request for amendment. The property owner may request review by the local planning agency in order to make recommendations to the board of county commissioners.

(3)

The request for amendment of the site development plan or subdivision plan shall be accompanied by a fee to be established by the board of county commissioners.

(4)

Upon a determination of approval to amend, the amended site plan or subdivision plan shall be submitted to the land development division for review and approval pursuant to chapter 62.

(g)

Termination of vested status.

(1)

After notice is given by the County, any vested development not pursued or completed within time limits established by this chapter, shall have its vested rights status terminated by operation of law and the permits upon which the development was authorized shall become null and void, unless, within 30 days after notification from the county that vested rights are terminated or that permits upon which the development was authorized are nullified, the owner requests a hearing at which it is established by clear and convincing evidence that the termination of vested rights status or nullification of permits upon which the development was authorized would result in a substantial financial loss as a result of improvements to the land that were made within the immediately preceding five years in reliance upon the vested rights status previously granted. Any extensions allowed under this chapter must be received prior to the expiration of the permit. Upon termination of vested status, the issuance of new permits will require that the development authorized under the permit conform to current codes, rules, regulations even if demolition is necessary and infrastructure is in place.

(2)

After a hearing with notice to the vested rights holder, a vested rights determination or amendment pursuant to section 62-507 may be terminated upon a showing by the county of an imminent peril to public health, safety or general welfare of the residents of the county unknown at the time of approval.

(3)

A vested rights determination or amendment pursuant to section 62-507 may be set aside by the board upon petition of a person adversely affected by the determination and after a hearing at which a showing is made by clear and convincing evidence that the approval was issued based upon false, inaccurate or misleading evidence or information.

(Ord. No. 04-37, § 1, 8-24-04; Ord. No. 07-54, § 1, 10-23-07; Ord. No. 10-07, § 1, 3-9-10)

Editor's note— Ord. No. 04-37, § 1, adopted August 24, 2004, amended § 62-507 in its entirety to read as herein set out. Formerly, § 62-507 pertained to appeal procedure; presentation of claims of regulatory takings or abrogation of vested rights, and derived from the Code of 1979, § 14-65, Ord. No. 95-02, § 1A.—D., adopted January 26, 1995; Ord. No. 99-07, § 4, adopted January 28, 1999; Ord. No. 99-26, § 1, adopted April 8, 1999.

(a)

Any affected party, as defined by F.S. § 163.3213, which alleges that any development order is inconsistent with the county comprehensive plan shall file a verified complaint pursuant to F.S. ch. 163 with the chairman of the board of county commissioners, and provide a copy to the director of the comprehensive planning division. The complaint shall provide:

(1)

The name, address and telephone number of the person or persons making the appeal.

(2)

The citation of the specific provision of the comprehensive plan on which the legislative action was based.

(3)

If applicable, a copy of the verbatim minutes of the meeting at which the local government took the action upon which the verified complaint is based.

The verified complaint shall set forth the facts upon which the complaint is based and the relief sought by the complaining party.

(b)

Pursuant to F.S. ch. 163, the verified complaint shall be filed no later than 30 days after the allegedly inconsistent action has been taken by the board of county commissioners. The local government receiving the verified complaint shall respond within 30 days after receiving the complaint. Thereafter, the filing requirements of F.S. ch. 163 shall control. Amendments to F.S. ch. 163 which affect the procedure or time for filing and responding to such verified complaints shall prevail over the procedures and timeframes stated in this section.

(c)

Upon receipt of the verified complaint, the growth management director or the director's designee shall present the verified complaint to the board of county commissioners at the next available scheduled meeting. A fee to be established by resolution of the board of county commissioners shall not be required for processing the verified complaint. The response of the board of county commissioners shall be provided to the complaining party within 30 days of receipt of the verified complaint by the chairman of the board of county commissioners, or its designee.

(d)

If a settlement agreement is sought pursuant to F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.), a public hearing shall be required pursuant to the provisions of F.S. § 163.3164(17). If a settlement agreement is sought, signatures shall be obtained from all parties. Under the settlement agreement, the parties shall waive all rights to further appeal of the county's action in state or federal courts. Pursuant to any settlement agreement, the board of county commissioners shall act as appropriate to rezone or take other action regarding the issuance or rescission of a development order.

(Code 1979, § 14-66)

(a)

Request for an extension.

(1)

Required information. The property owner or his designee shall request in writing a community commercial or a neighborhood commercial boundary extension and shall provide the following information in writing to the county:

a.

The name and address of the property owner;

b.

The name and address of the applicant, if different than the property owner;

c.

A complete legal description of the subject property;

d.

A survey or property appraiser's map of the subject property;

e.

An explanation of the boundary extension requested;

f.

Notarized statements from all property owners listed on the warranty deed who are authorizing someone other than themselves to act on their behalf as the applicant.

The required fee, if any, shall also be submitted.

(2)

Courtesy notice A courtesy notice shall be distributed to all neighboring property owners within 500 feet of the subject property. The written courtesy notice shall contain the following information, at a minimum:

a.

A legal description of the property;

b.

A general location description of the property;

c.

The date of the courtesy notice;

d.

The name and address of the comprehensive planning division director or other individual to whom comments must be sent; and

e.

The dates, times and locations of the public hearings in which the request will be heard by the local planning agency and board of county commissioners.

(3)

Legal advertisement. The community commercial or neighborhood commercial boundary extension shall be advertised within a newspaper of general circulation as defined in F.S. ch. 50. The advertisement shall contain the following information, at a minimum:

a.

A legal description of the property;

b.

A general location description of the property;

c.

The name and address of the county department or other individual to whom comments must be sent.

(b)

Review procedure. The community commercial or neighborhood commercial boundary extension shall be subject to the review of the local planning agency and to the review and approval by the board of county commissioners.

(c)

Appeals. Appeals to a decision of the board of county commissioners shall be processed consistent with adopted county procedures for such appeals.

(d)

Fees.

(1)

When a request for a community commercial or neighborhood commercial boundary extension is processed and heard in public hearing in conjunction with a rezoning request, no additional fee shall be charged, except those fees required for readvertising or renotification of adjacent property owners if required by an action of the applicant, to cover the cost of such notice.

(2)

When a request for a community commercial or neighborhood commercial boundary extension is not processed and heard in public hearing in conjunction with a rezoning request, the applicant shall be charged a fee consistent with the cost associated with the request, as specified in the planning division or zoning division fee schedule, as appropriate. An additional fee may be required if readvertising or renotification of adjacent property owners is required due to an action of the applicant, to cover the cost of such notice.

(Ord. No. 2002-01, § 2, 1-8-02)

Editor's note— Ord. No. 2002-01, § 2, adopted January 8, 2002, amended § 62-509 in its entirety to read as herein set out. Formerly, § 62-509 pertained to expansion of mixed use district boundary and derived from Code 1979, § 14-67 and Ord. No. 98-12, § 3, adopted February 26, 1998.

(a)

Determination of West Canaveral Groves area. The West Canaveral Groves area which is the subject of the provisions of this section is defined as all land lying within Sections 8, 17, 20, 29, Township 24, Range 35, south of SR 528 and north of SR 520, herein referred to as the West Canaveral Groves area.

(b)

Status of existing permanent structures.

(1)

Existing permanent structures are those permanent structures which are located within the West Canaveral Groves area, and have been identified to be in existence as of December 9, 1994 based upon certification on or before January 30, 1995 from the growth management director. Permanent structures shall include site built homes, manufactured homes and park trailers, used either as permanent or seasonal residences which shall be authorized and accepted as permitted single-family residential structures provided the owner complies with all conditions of this section, including, but not limited to, dedication of road rights-of-way.

(2)

Reserved.

(3)

In the event that an existing permanent structure is destroyed, it may only be reconstructed consistent with the requirements of the applicable zoning classification. In addition, all existing permanent structures shall be deemed to be consistent with the provisions of any land clearing of the county, and shall not be required to undergo additional concurrency review.

(4)

The issuance of a building permit or other development order does not guarantee or assure that telephone service, electrical service, cable television or other private or public utilities will be provided to the structure.

(c)

Conditions for authorization and acceptance of existing permanent structures. In order for any permanent existing structure, certified as required in subsection (b)(1) above to be issued a certificate of completion and approval of electrical service connection, the existing permanent structure shall meet all applicable federal, state and county regulations and codes in effect at the time of application.

(1)

The issuance of a building permit or other development order does not guarantee or assure that telephone service, electrical service, cable television service, or other private or public utilities will be provided to the existing permanent structure.

(2)

The finished floor elevation shall be determined by the county based upon the estimated elevation for the crown of the roadway, when paved, upon which the structures fronts and upon the requirements established by the Federal Emergency Management Agency requirements.

(3)

Variances to the finished floor elevation may be granted or denied by the county, based upon certification by a state registered professional engineer that the structure will not flood or have any adverse effect on either the subject property or adjacent properties. The required engineering certification shall be based upon, and shall include a drainage plan and stormwater analysis considering the 25-year, 24-hour storm event, as a minimum design criterion. Additional analysis may be requested by the county in the event that an existing structure cannot be shown to meet the criteria above, alternative drainage improvements could be considered to address flooding of the subject property or adjacent property. Variance shall not be granted in violation of Federal Emergency Management Agency (FEMA) regulations.

(d)

Conveyance of road rights-of-way. No structure shall be authorized and accepted as an existing permanent structure and issued a certificate of completion, unless the road rights-of-way adjacent to the property has been donated to the county.

(e)

Status of existing temporary structures.

(1)

Recreational vehicles (except park trailers), tents, and other temporary structures, used either as permanent or seasonal residences, shall not be considered to be permanent structures for purposes of this section.

(2)

All temporary structures, which are not structures accessory to a permanent structure and consistent with applicable county codes shall be removed within 120 days of December 12, 1995. The use of recreational vehicles (except park trailers), tents and other temporary structures as residences must be discontinued within 120 days of December 12, 1995.

(f)

New development within West Canaveral Groves.

(1)

All new structures developed within West Canaveral Groves area after December 12, 1995 shall meet all current procedures, policies and regulations in force at the time of application for a building permit and onsite sewage disposal permit. No building permit or onsite sewage disposal system permit shall be issued by the County, unless the road rights-of-way adjacent to the property has been donated to the county.

(2)

Reserved.

(3)

The issuance of a building permit or other development order does not guarantee or assure that telephone service, electrical service, cable television or other private or public utilities will be provided to the structure.

(g)

Status of property in relation to municipal service benefit unit and municipal service taxing unit. Nothing is this section shall be construed to exempt any property owner within the West Canaveral Groves areas, as defined in this section, from participating in a municipal services benefit unit (MSBU) or a municipal services taxing unit (MSTU) affecting real property within the West Canaveral Groves area, which was duly established by the board of county commissioners at any time prior to or after December 12, 1995.

(h)

Enforcement actions.

(1)

Nothing in this section shall be construed as a waiver of the county's right to initiate enforcement actions under all applicable codes and ordinances under the jurisdiction of the county or other proceedings provided by law.

(2)

The county shall have the authority to enforce compliance consistent with provisions of this section by appropriate legal action in a court of competent jurisdiction and/or by enforcement through the county code enforcement.

(3)

No delay or failure on the part of the county to exercise any right or remedy or preclude the county from the exercise thereof, at any time during the continuation of any event of violation.

(i)

Permits required by other agencies. Nothing in this section shall be construed to eliminate the need for property owners to meet all applicable federal, state or regional regulations and codes which are required by the administering agency.

(Ord. No. 94-26, §§ 1—9, 12-12-94; Ord. No. 95-55, §§ 1—9, 12-12-95; Ord. No. 98-63, § 1, 12-8-98; Ord. No. 2000-08, § 1, 2-1-00; Ord. No. 2001-34, § 1, 7-24-01)