The regulations and requirements contained herein have been formulated in accordance with the Mount Dora Comprehensive Plan, with reasonable consideration, among other things, to the prevailing land uses, natural and historic resources, growth characteristics, and the character of the respective districts and their peculiar suitability for particular uses, and to encourage the most appropriate use of land throughout the city. In their interpretation and application, the provisions of this code shall be deemed the minimum requirements to:

1.

Promote the public health, safety and general welfare.

2.

Protect the character and maintain the stability of residential, commercial, manufacturing, agricultural, educational, cultural, recreational, historical and environmental areas within the city.

3.

Provide adequate light, air, privacy and access to property.

4.

Avoid undue concentration of population by regulating and limiting the density, intensity, height and bulk of buildings.

5.

Provide open space around buildings.

6.

Provide open spaces and recreation facilities.

7.

Limit congestion in public streets by providing for off-street parking.

8.

Ensure safe and convenient traffic flow.

9.

Define the powers and duties of the planning and zoning commission and appointed administrative officers.

10.

Ensure adequate utilities.

11.

Ensure adequate drainage and drainage control.

12.

Ensure that new development is served with necessary services and improvements without being a burden on the taxpayers of the city.

13.

Ensure that all future development orders and permits for both new and existing projects comply with this code.

It is not the intent of the city to interfere with or annul any lawful easements, covenants or other agreements between parties; provided, however, that where this code imposes a greater restriction upon the use of buildings or premises than are imposed or required by other resolutions, rules, regulations or by lawful easements, covenants or agreements, the provisions of this code shall control. All development shall conform with the comprehensive plan. The density of any development shall not exceed the densities designated in the future land use element of the comprehensive plan.

2.2.1.

Establishment and purpose. There is hereby established a development review committee which shall be responsible for the initial review of development proposals for compliance with the provisions of this code.

2.2.2.

Composition of committee. Members of the development review committee shall include representatives of various city departments and outside consultants whose field of interest is called into play by the new development. The city manager shall designate the members including a chairman. The members shall represent the departments of public services, economic development, electric, building, zoning, planning, leisure services, police and fire.

2.2.3. Duties and responsibilities. The development review committee shall review and make written recommendations on the following:

1.

Annexations.

2.

Comprehensive plan amendments.

3.

Rezonings.

4.

Subdivision plans and plats.

5.

Site plans.

6.

Conditional uses permits (CUP).

7.

Changes to the land development code.

8.

Variances.

9.

Planned unit developments.

10.

Mixed use master plans.

2.2.4.

Procedures. The development review committee procedures are described in appropriate sections of this code dealing with the various types of development applications.

2.2.5.

Meetings.

1.

The development review committee shall meet as necessary.

2.

An agenda shall be prepared and distributed to each member prior to the meeting.

3.

All applicants having requests to be reviewed by the development review committee will be provided an agenda and invited to attend and participate in the meeting.

(Ord. No. 2013-13, § 2(Exh. A), 10-1-13; Ord. No. 2020-20, § 2, 5-4-21)

2.3.1.

Appointment and purpose. The city manager shall appoint a development review coordinator who shall be responsible for the implementation and the enforcement of the provisions of this code.

2.3.2.

Duties and responsibilities. The duties and responsibilities of the development review coordinator shall include:

1.

Receiving development applications, reviewing the same for completeness and sending them to appropriate members of the development review committee.

2.

Processing all development applications to ensure compliance with this code and acting on all applications that do not require approval of the planning and zoning commission and city council.

3.

Presenting development applications, as required, to the planning and zoning commission and city council.

4.

Issuing development approvals as appropriate.

During the review of an application for development approval, a determination will be made as to the environmental, technological and fiscal impacts of the proposal on public services and facilities and the measures necessary to offset any adverse impacts and to promote positive impacts.

The assessment of positive and negative impacts will use the best available information; the applicant is encouraged to provide any information in addition to required submittals that will assist in more accurately assessing impacts. The city may require additional technical information to analyze impacts.

1.

The planning and zoning commission shall consist of seven persons who are residents of the City of Mount Dora, and who shall be appointed, subject to approval of the city council, by the mayor. No paid or elected official or employee of the city may serve as a member of the planning and zoning commission. Members shall be appointed for two-year terms, and may be reappointed for additional terms.

2.

It is the policy of the City of Mount Dora that the membership of the planning and zoning commission reflect the demographic and geographic diversity of the citizens of the city.

3.

Members of the planning and zoning commission shall comply with all applicable federal, state and local laws regarding ethics, financial disclosure, open conduct of public business and public records. Members of the commission shall serve at the pleasure of, and may be removed by, the city council.

4.

Continuances of meetings and hearings may be accomplished administratively without the vote of a quorum due to inclement weather conditions, emergency circumstances and administrative necessity when the chairperson of the body concurs in such action proposed by city staff and, in such circumstances, the designated city staff liaison to that body shall attend the meeting, if possible, announce a continuance of the meeting or hearing to a date that is approved by the chairperson. In the event of the unavailability of the chairperson to make decisions as set forth in this subsection, the vice-chairperson or, if no vice-chairperson is in office, the member with the longest service on the body shall make such determinations. In this event city staff shall take all reasonable and appropriate actions to notice the meeting or hearing and to ensure that all affected parties are advised of the new date of the meeting or hearing.

5.

At the first meeting of the calendar year, the commission shall elect one of its members as chairman. The quorum for any meeting of the commission shall be a majority of its members.

6.

Members of the commission shall serve without compensation or honorarium, but shall be entitled to receive reimbursement for per diem and travel expenses for attendance at meetings or conferences outside the City of Mount Dora, provided that prior approval in writing is given by the city manager.

7.

In addition to the members of the planning and zoning commission appointed as set forth above, the Lake County School Board shall be allowed to appoint a board member or staff member as a representative of the Lake County School District as a nonvoting member of the local planning agency.

2.5.1

Powers and duties.

1.

Recommendation of original zoning districts and appropriate regulations. It shall be the duty of the planning and zoning commission to recommend to the city council the boundaries of the various original zoning districts and appropriate regulations to be enforced therein.

2.

Zoning changes. Although the city council may, from time to time, amend or supplement the regulations and zoning classifications or districts, proposed changes may be suggested by the planning and zoning commission or by petition of the owners of 50 percent or more of the area involved in the proposed change. In the latter case, the petitioner or petitioners will be required to assume all costs of holding public hearings. See section 3.3 for procedures.

3.

Comprehensive plan amendments. The planning and zoning commission shall also serve as the local planning agency, and shall review and make recommendations on amendments to the comprehensive plan.

4.

Site plan review. The planning and zoning commission shall be responsible for approval of all site plans and variances associated with site plans as appropriate.

5.

Conditional uses. The planning and zoning commission shall hear and decide requests for conditional uses allowed in chapter III, hereof. In doing so, the commission may decide such questions as are involved in determining when conditional uses should be granted and either grant conditional uses with appropriate conditions and safeguards or deny conditional uses. After review of an application and a public hearing thereon, the commission may allow conditional uses only upon a determination that the use requested:

a.

Is not detrimental to the character of the area or inconsistent with trends of development in the area;

b.

Does not have an unduly adverse effect on existing traffic patterns, movements and intensity;

c.

Is consistent with the comprehensive plan; and

d.

Will not adversely affect the public interest.

6.

Variances. For lands located inside the boundary of the "Building Height Impact District," as defined by sub-section 3.5.6.2, applicants shall adhere to the special variance provisions and public hearing procedures. All other variance types, shall meet the provisions of section 2.5 of this Code. The planning and zoning commission shall hear and decide requests for variances from the terms of the zoning regulations where, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship upon, and personal to, the applicant therefor, and not surrounding properties. In order to authorize a variance, the commission must find:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; such on-site conditions may include, but are not limited to, topography, preservation of vegetation, access, vehicular and pedestrian safety and preservation of scenic views;

b.

That the special conditions and circumstances do not result from the actions of the applicant;

c.

That granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, buildings or structures in the same zoning district;

d.

That literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the chapter and would result in unnecessary and undue hardship on the applicant;

e.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

f.

That the grant of the variance will be in harmony with the general intent and purpose of this code and the comprehensive plan, will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

g.

The granting of the variance will not be detrimental to the property or improvements in the area in which the property is located.

In granting any variance within their authority, the commission may prescribe appropriate conditions and safeguards, the violation of which shall be deemed a violation of this code. The commission may also prescribe a reasonable time limit within which the action for which the variance was requested shall be begun, completed or both.

Under no circumstances shall the commission grant a variance which permits a use not generally, or by conditional use, permitted in the zoning district involved, or any use expressly or by implication prohibited, by the terms of this code in the zoning district involved. Nonconforming uses of neighboring lands, structures or buildings in the same zoning classifications or district, and permitted uses of lands, structures or buildings in other zoning classifications or districts shall not be considered grounds for the authorization of a variance.

(Ord. No. 839, § 1, 11-4-03; Ord. No. 849, §§ 1, 2, 6-15-04; Ord. No. 2009-07, § 2, 4-7-09; Ord. No. 2011-17, § 2, 10-18-11; Ord. No. 2013-13, § 2(Exh. A), 10-1-13; Ord. No. 2017-12, § 3, 1-16-18; Ord. No. 2022-10, § 2, 9-20-2022)

Any person aggrieved by a decision of the development review coordinator may file a written appeal with the city manager within ten working days of the rendition of the decision. The decision shall be reviewed by the planning and zoning commission or city council as appropriate. The appeal shall fully state the specific grounds for the appeal and all of the facts relied upon by the petitioner. Only those items specified in the petition shall be considered.

Any person aggrieved by a decision of the planning and zoning commission may appeal to the city council via the city manager within ten working days of the rendition of the decision by the planning and zoning commission. Any person aggrieved by a decision of the city council may file a petition for a writ of certiorari in the Circuit Court of the Fifth Judicial Circuit in and for Lake County. The petition must be filed with the court within 30 days after the date of the final action of the city council. Appeals to the city council will be de novo.

(Ord. No. 2017-12, § 3, 1-16-18)

1.

Establishment by resolution: Fees and services (building permit, land development, zoning, site development, administrative, and related fees and services) shall be established by resolution of the city council, and as amended from time to time.

2.

Fee assessments: Fees shall be set in amounts designed to defray the expenses in reviewing proposed plans, undertaking inspections, and other related costs as may be authorized or required by the adopted codes. The fees shall also be designed to fairly allocate costs by the type of permit involved. A submittal fee is due upon submission of the permit application; the remainder of the fees are due upon issuance of permit.

3.

Special requirements: Prior to the issuance of a building permit, all appropriate fees and charges must be paid in full, including, but not limited to, impact fees, sewer connection charges, utility meter connection charges and building permit fees.

4.

Pass through-fees: The city is hereby authorized to assess and collect fees, cost, and expenses relating to the review, inspection, appeal, regulation and defense of development activities pursuant to adopted fee schedules and this Code.

a.

Invoices and payments.

1.

The city department in which the application was originally submitted may periodically calculate the costs expenses and fees incurred by the city for each application and send an invoice to the applicant for payment. The applicant shall have 30 days from the date of the invoice to pay to the city the invoiced amount.

2.

In such cases where payment and/or fee reimbursement has not been made by the applicant after the 30 day notice the applicable city department shall send a second notice to the applicant instructing the applicant to cease all work relating to such application or project until all invoice fees have been paid.

3.

Upon receipt of the second notice, work by the city staff, city attorney, and city consultants on the application or project shall cease, and neither building permits, certificates of completion, temporary certificates of occupancy, nor certificates of occupancy will be issued with the respect to such real property. Continuation of the review of the application or project with the respect to the real property for which payment was not made will not be undertaken by the city until such time as all outstanding fees, costs and expenses due under this sub-section are paid in full.

4.

Unless otherwise provided for in this sub-section if an applicant receives or is granted approval on an application or project or is issued a building permit, certificate of completion, temporary certificate of occupancy, certificate of occupancy, occupational license or other development order by the city, and additional fees, costs, expenses or such other obligations attributable to the applicant are thereafter posted to the project account for work that is associated with said approval or issuance, the applicant or his/her successor in interest shall pay said cost, fees and expenses incurred by the city for such application. The city shall send an invoice to the applicant or successor for such fees or expenses, and the applicant or successor shall reimburse the city for such fees or expenses within ten days.

b.

Assessable cost, expenses, and fees.

1.

Payment for costs, expenses and fees incurred by the city under this sub-section is a requirement for the city's final approval of the applicant and project.

2.

Fees, costs and expenses for any city consultant time directly to the review, processing inspection, appeal or regulation of any application or development pursuant to this section the City Code and/or state statutes, and all other directly related expenses, including but not limited to legal, notification mailing, inspection and engineering cost are to be invoiced to the applicant requesting payment pursuant to this sub-section.

3.

All direct costs, expenses and fees incurred by the city that relate directly to the review processing, inspection, appeal, regulation or defense of an application including but not limited to expenses incurred by city consultants who review or defend the application at the direction of the city, as well as other expenses related directly to advertising, notification mailing, surveying, legal review and/or engineering review for an application or project shall be assessed to the applicant and reimbursed to the city. Assessable expenses shall not include the cost employee time in reviewing such application as such time shall be deemed to have been reimbursed by the application fee.

4.

City consultants shall submit records of their time, fees, costs and expenses to the city department in which the application was generated and such fees, costs and expenses shall be invoiced to the applicant on a dollar-for-dollar basis for services provided under the direction of the city to review. The rates charged to the applicant for said services shall not exceed those charged to the city.

c.

Objections and appeal. Any objection to any invoice or to any matter set forth in this sub-section must be set forth in writing and addressed and delivered to the city department in which the application was originally submitted on or before the tenth day after the date of the relevant invoice. In the event the department director denies the objection, the applicant shall have ten days after the date of the director's written decision to file an appeal of such decision with the city manager or his/her designee, which appeal shall be heard by the city council. All objections and appeals shall set forth in detail the reasons and evidence upon which the objection and appeal are based. Failure of the applicant to establish beyond a preponderance of evidence that an invoice is not appropriate and is not based upon competent substantial evidence shall result in a denial of the objection and appeal.

Attorney's fees in event of failure to pay review cost. In the event city is required to enforce this section, then the city shall be entitled to recover from the applicant all costs and expenses incurred, including but not limited to its reasonable attorneys' fees, paralegal fees and other costs and expenses, whether incurred prior to or subsequent to court proceedings or on appeal and/or in any bankruptcy proceedings involving the applicant, the real property and/or the project being reviewed.

d.

Agreement to be bound by pass-thru fees. Submission of an application shall constitute the consent and agreement for the applicant and the owner, if the application is being executed by the owner's authorized agent, to be bound by the provisions of this section.

f.

Deficiency and liens.

1.

Failure to pay an invoiced amount within requested time shall constitute a violation of this sub-section. Any deficiency owed to the city, whether incurred before or after project approval, shall bear interest from the date of the aforementioned notice of non-payment at the rate of 18 percent simple interest per annum or otherwise at the highest rate permitted by law until paid. The amount of any such deficiency owed to the city shall together with interest and the costs of the collection as hereinafter provided, shall be the personal obligation of the applicant and shall be a continuing lien on the real property related to the application or project under review. Any subsequent or new owner of the real property related to the application or project shall take title subject to the obligations of the applicant under the terms of this sub-section and shall be jointly and severally liable for such obligations. An applicant may not escape liability for the deficiency by abandonment of the application or project withdrawal of such application or sale of the real property with the respect to which such application has been submitted. If the initial or subsequent invoices are not paid in a timely fashion, the city may take whatever legal means it deems appropriate to collect the deficiency, including, but not limited to retaining the services of a collection agency or attorney, initiating legal proceedings for thereof recording a notice of lien as hereinafter provided and foreclosing same in the same manner as mortgage liens are foreclosed.

2.

If the project is subject to the provisions of a development agreement, and the applicant is found to be in default of such development agreement and whatever remunerative such development agreement calls for would be applied as opposed to the provisions called for in this appendix.

(Ord. No. 714, § 1, 4-7-98; Ord. No. 751, §§ 1, 2, 12-7-99; Ord. No. 790, § 7, 7-17-01; Ord. No. 811, § 1, 6-4-02; Ord. No. 814, § 1, 8-6-02; Ord. No. 2007-938, § 20, 4-3-07; Ord. No. 2007-939, § 2, 5-1-07; Ord. No. 2007-942, § 2, 5-15-07; Ord. No. 2008-1017, §§ 2—4, 9-2-08; Ord. No. 2009-16, § 2, 8-18-09; Ord. No. 2009-16.1, § 2, 8-18-09; Ord. No. 2011-11, § 2, 7-19-11; Ord. No. 2012-10, § 3, 7-17-12; Ord. No. 2020-20, § 2, 5-4-21)

It shall be unlawful for any person to change or amend, by addition or deletion, any part or portion of this code, or to insert or delete pages or portions thereof or to alter or tamper with such code, in any manner whatsoever, which will cause the law of the city to be misrepresented thereby.

2.9.1.

General. No site plan or subdivision development shall be approved, platted or recorded, nor shall any building permit or certificate of occupancy be issued, unless the development meets all the requirements of and has been approved in accordance with the provisions of this code. The city council or any aggrieved person shall have recourse to the remedies provided for herein to ensure compliance with the provisions of this code, including injunctive relief, but not damages, to enjoin and restrain any person violating the provisions of this code. The court shall, on proof of the violation, have the duty to forthwith issue any temporary and permanent injunctions as are necessary to prevent the violation of this code. The city shall have the authority to conduct inspections of any project undertaken under this code. The city council shall have the right to enforce compliance with this code by all legal means.

2.9.2.

Required improvements. The city council may enforce an improvement or performance bond or resort to legal and equitable remedies if required improvements have not been satisfactorily installed pursuant to an approved site plan or final plat within one calendar year after the site plan or final plat is approved, unless the time of completion is extended by the planning and zoning commission with the consent of the surety. In no event will an extension of more than one year be granted.

2.9.3.

Violations. It shall be a violation of this code for any person to sell any parcel or property as a buildable lot or construct, open or dedicate any street, sanitary sewer, storm sewer, water main or drainage structure, without having first complied with the provisions herein.

2.9.4.

Issuance of building permits. It shall be unlawful for a structure to be erected on a lot or parcel of land within the city unless a building permit has been issued. Further, no building permit shall be issued unless one of the following conditions is met:

1.

The lot or parcel is within a subdivision for which a final plat has been approved by the city council and the required improvements have been installed and accepted by the city council. However, buildings may be erected concurrently with the construction of the required improvements if an appropriate bond has been posted. If there is no bond for subdivision improvements, the final inspection of the buildings shall not be approved and the buildings must not be occupied until all the required improvements have been completed and accepted by the city council.

2.

Where a plot of land consisting of one or more adjacent lots deeded or platted prior to July 1, 1987, did not at the time have sufficient contiguous land to enable it to conform to the minimum lot size requirements of this code, such plot of land may nevertheless be used as a building site for a single-family residence, so long as the district permits single-family residences; provided that said structure contains the minimum living area and conforms to the setback and parking requirements of the district. Nothing contained in this paragraph shall require a combination of contiguous lots in order to meet minimum lot size requirements. Any structure allowed to be constructed under this paragraph shall conform to the architectural guidelines set forth in section 6.11 of these land development regulations or shall be compatible, in the opinion of the development review coordinator, with the homes in the surrounding neighborhood.

3.

The lot or parcel abuts a public street which has been dedicated to the city and accepted by the city council, or is shown on a legally recorded subdivision plat.

4.

A variance has been granted pursuant to this code.

In addition, no building permit shall be issued until all fees for water, sewer, electrical service and offsetting of impact are paid and appropriate development agreements are approved. Further, building permits may be refused if water management, soil characteristics or other standards are not met.

2.9.5.

Issuance of site development permits. It shall be unlawful for any site development to occur on a lot or parcel of land within the city unless a site development permit has been issued therefor.

2.9.6. Required surveys for permitting and exemptions.

1.

Applications for permits for new construction, additions, alterations, or repairs shall be accompanied by either a registered land surveyor's certificate and plan, or an engineer's or architect's sealed plan in duplicate on which shall be clearly indicated the property corner stakes, property line, dimensions, and existing structures and their location, existing rights-of-way, sidewalks and easements.

2.

New construction and/or additions, the elevation of the proposed finished first floor elevation shall be shown in relation to mean sea level.

3.

The planning and development director or designee may waive the requirements for survey as required by the above subsection 2.9.6.1 at time of permitting when property line stakes are existing and known to be in place, and the work involved is minor, accessory structure, and is clearly within the building setback lines, with the following alterative site plan and eligibility requirement:

a.

In lieu of survey, a scaled site plan showing all property lines, existing improvements, buildings, fences, site dimensions, lot boundaries measurements, easements, adjacent roads rights-of-way, north arrow, sidewalks, driveways, and other site features to clearly document the property status shall be required.

4.

Waiver of as-built surveys may be granted by the planning and development director or designee for residential accessory structures (attached or detached) such as screen rooms, screen enclosures, swimming pools, decks, patios, residential boat docks on individual lots, detached garages, car-ports, sheds, docks, fences, retaining walls, gates, and any other building addition or renovation that is less than 50 percent of the gross floor of the primary structure may be exempted from requiring an as-built survey at time of completion of said structure. In such cases, the ESV (elevation and setback verification) form may be waived for said accessory structures or additions. However, in order to be eligible for the waiver of as-built survey under these circumstances a boundary survey showing all existing improvements, prepared by a professional surveyor, is required at the time of permitting. The intent of this waiver is to provide flexibility in permitting requirements for residential additions and accessory structures.

2.9.7.

As-builts. Upon layout of the stemwall, or pouring of the slab or other foundation, construction reference points or the "as-built" foundation perimeter and elevation shall be verified in writing by a registered land surveyor. Such certification, with the registered land surveyor's seal affixed thereon and which shall indicate that all setback requirements have been met and that the building location is in all respects in accordance with the applicable ordinances of the city, shall be required to be submitted to the building department of the city before building construction continues.

2.9.8.

Issuance of demolition permits. It shall be unlawful for any demolition to occur on a lot or parcel of land within the city unless a demolition permit has been issued therefor. Applications for demolition permits must be accompanied by clear photographic images of each elevation of the structure proposed for demolition. The photographic images may be either print or digital.

(Ord. No. 751, § 3, 12-7-99; Ord. No. 849, § 3, 6-15-04; Ord. No. 2013-13, § 2(Exh. A), 10-1-13)

No provision of this code designating the duties of any city officer or employee shall be so construed as to make such officer or employee liable for any damages for failure to perform such duty.

If any part or provision of this code or application thereof to any person or circumstances are adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this code or the application thereof to other persons or circumstances. The city council hereby declares that it would have enacted the remainder of this code even without any such part, provision or application.

This code shall take effect upon adoption by the city council. Subdivisions or site plans for which preliminary or final plans or plats have been submitted prior to the effective date may be developed and completed according to the preexisting requirements for subdivisions. However, preliminary or final subdivision plans or plats which are submitted prior to the effective date shall not be substantially amended or changed after the effective date except to conform with the regulations established herein. Nothing herein shall vest a preliminary master plan. Planned unit development plans shall only become vested at the time of approval of the final master plan.

(Ord. No. 2020-20, § 2, 5-4-21)

2.13.1.

Procedures.

1.

Notwithstanding any provision of these Land Development Regulations to the contrary, in order to be considered vested, a project must have been issued a final development order, must have commenced developing pursuant to that specific order, and must be continuing in good faith to do so. For purposes of this section, a final development order is one of the following:

a.

For projects requiring a site plan review - final site plan approval by the planning and zoning commission or city council, as appropriate ; or

b.

For projects requiring a construction plan review only - the issuance of a building permit by the community development department.

2.

Any project which has received a final development order shall be considered as having commenced developing if:

a.

A building permit has been issued therefore; and,

b.

Vertical construction for which a building permit is necessary has actually commenced (e.g. other than site improvements such as excavation and site clearing).

3.

Any project which has received a final development order and which has commenced developing shall be considered as continuing in good faith to do so if:

a.

Vertical construction for which a building permit is necessary and for which regular inspections are performed continues so that inspections are being called for on a regular basis; and,

b.

The permits for the project have not expired.

4.

The vested rights of any project which fails to meet any of the above tests shall be null and void. However any project which has received final site plan approval immediately prior to the adoption of these Land Development Regulations or any amendment thereto shall be considered to be vested for the purpose of site plan approval so long as a building permit is issued and vertical construction is commenced within the time frames set forth in these Land Development Regulations.

5.

All projects claiming vesting hereunder must be completed within the time frames allowed in these Land Development Regulations.

6.

Any applicant or developer claiming vested rights must do so on a form provided by the planning and development department. Failure to claim such vested rights at the time of any application wherein vesting might be an issue shall cause any vested rights which might otherwise be in existence to be waived.

(Ord. No. 2020-20, § 2, 5-4-21)