(A)

Establishment The City Manager shall act as the Land Use Administrator. However, the City Manager may assign such duties, in writing, to a City staff person, or the City Council by agreement with the City Council.

(B)

Powers and Duties

(1)

The Land Use Administrator shall review and act upon, or refer to the, City staff, a hearing officer or the City Council, the following applications. The Land Use Administrator shall execute the Development Orders/Permits associated with the following applications.

(a)

Site development orders, building permits, and other development permits, including amendments, that meet the minimum LDC requirements.

(b)

Site development orders, building permits, and other development permits, including amendments, that require a deviation of twenty (20) percent or less of a minimum LDC requirement and any amendments or modifications.

(c)

Redevelopment Site Development Orders and Redevelopment Architectural Design Orders that require a deviation of twenty (20) percent or less of a minimum LDC requirement and any amendments or modifications.

(d)

Site development orders, building permits, and other development permits, including amendments within the New Downtown Village Core District and New Downtown District;

(e)

Non-statutory subdivision plan applications, including amendments, that meet all code criteria.

(f)

Special event permits.

(2)

The Land Use Administrator is authorized to interpret the permissible, prohibited, and special exception land uses listed in each zoning district. A written request from the property owner or authorized agent for an interpretation shall be submitted to the Land Use Administrator together with the required fee. The request shall contain sufficient information to enable the Land Use Administrator to make the necessary interpretation. If necessary, the Land Use Administrator may refer the interpretation to the City Attorney, City Council or a hearing officer for review and action.

(3)

The Land Use Administrator is authorized to interpret the zoning map and to act upon disputed questions of district boundary lines and similar questions. An application for an interpretation shall be submitted by the property owner or authorized agent to the Land Use Administrator together with the required fee. The application shall contain sufficient information to enable the Land Use Administrator to make the necessary interpretation. If necessary, the Land Use Administrator may refer the interpretation to the City Attorney, City Council or a hearing officer for review and action. Where uncertainty exists as to the boundaries of the districts as shown on the official zoning map, the following guidelines shall apply:

(a)

Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such center-lines.

(b)

Boundaries indicated as approximately following lot lines, City Limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.

(c)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of changes in the shoreline shall be construed as following such changes.

(d)

Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map.

(e)

Where any street or alley is hereafter vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(4)

The Land Use Administrator is authorized to establish administrative rules for the application and implementation of this LDC.

(5)

The Land Use Administrator may also, in his or her sound discretion, refer any matter to the City Council for action, as he or she may deem advisable, with regard to any particular development proposal, issue or application and the City Council shall apply the provisions of this LDC to the proposal or application.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

The City Attorney shall provide legal advice and guidance relative to the application and interpretation as well as the administration of this LDC. The City Attorney shall ensure that the legal parameters of the land development regulations of the City are reviewed in a timely manner consistent with legal developments and changes in the law and propose such amendments as are deemed advisable and necessary from time-to-time as well as work with the Code Codifier under the provisions of Section 1-14 of the City Code.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

Establishment There is hereby established a hearing officer system which may be used for the enforcement of the provisions of this LDC consistent with the provisions of Section 2-91 of the City Code of Ordinances; provided, however, that Subsection (f) of that Section shall not be applicable.

(B)

Powers and Duties

(1)

When assigned a matter, the Hearing Officer shall:

(a)

Review, act, and/or make a recommendation on any application or interpretation referred by the Land Use Administrator or the City Council.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

Establishment There is hereby established a City of Oviedo Local Planning Agency (LPA). The LPA shall be the body required pursuant to F.S. § 163.3174.

(B)

Appointment and Terms

(1)

The LPA shall have no less than five (5) members appointed by the City Council for two (2) year terms. Members shall be Oviedo City residents. Members will continue to serve until their successors have been appointed. Members may be appointed to an unlimited number of terms.

(2)

Vacancies. Appointments to fill any vacancy shall be for the remainder of the unexpired term of office. The Chairperson shall report vacancies in office to the City Council.

(3)

Absences. The Chairperson shall notify the City Council of any member's failure to attend two (2) of three (3) consecutive meetings.

(C)

Officers, Rules of Procedure

(1)

The LPA shall elect a Chairperson and a Vice Chairperson from among its members at the first meeting of each calendar year.

(2)

All meetings of the LPA shall be public and shall, when required by controlling law, be subject to the requirements relating to quasi-judicial proceedings.

(D)

Powers and Duties

(1)

The LPA shall:

(a)

Be responsible for the preparation of the Comprehensive Plan for the City and any amendments thereto.

(b)

Make recommendations to the City Council regarding adoption of or amendments to the Comprehensive Plan, or element or portion thereof.

(c)

Monitor and oversee the effectiveness and status of the Comprehensive Plan and recommend to the City Council such changes as may from time to time be required, including preparation of the periodic reports.

(d)

Review proposed land development regulations, codes, or amendments thereto and make recommendations to the City Council.

(e)

Review and act upon building permit applications, including amendments, that require a deviation greater than twenty (20) percent of a minimum LDC requirement.

(f)

Review and make recommendations to the City Council regarding applications for special exception use orders, planned unit developments, development agreements, official zoning map amendments, master land use plans, preliminary subdivision plans, developments of regional impact and any amendments to the development approvals listed herein.

(g)

Perform any other duties assigned by the City Council.

(2)

The LPA may:

(a)

Initiate amendments to the Comprehensive Plan.

(b)

Initiate amendments to the LDC.

(c)

Request the City Council to initiate investigation of such matters and to prepare such reports, ordinances, amendments, or other documents that the LPA may find necessary or helpful in exercising the powers granted to the LPA by this LDC.

(E)

Public Hearings The LPA shall conduct a public hearing prior to acting upon the following:

(1)

Recommendation regarding adoption of, or amendments to, the Comprehensive Plan (legislative);

(2)

Recommendation regarding adoption of, or amendments to, this LDC (legislative);

(3)

Recommendation regarding amendments to the official zoning map (generally quasi-judicial);

(4)

Recommendations regarding developments of regional impact (quasi-judicial);

(5)

Recommendations regarding planned unit developments (quasi-judicial);

(6)

Recommendations regarding statutory development agreements (quasi-judicial);

(7)

Recommendations regarding special exception use orders (quasi-judicial).

(8)

Any other matter that may be required by controlling law.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

Powers and Duties The City Council shall have final approval authority over the following except as otherwise provided in this LDC:

(1)

Adoption of, or amendments to, the Comprehensive Plan;

(2)

Adoption of, or amendments to, this LDC;

(3)

Amendments to the official zoning map;

(4)

Annexation petitions;

(5)

Appeals from a decision of a hearing officer and the LPA;

(6)

Developments of regional impact;

(7)

Development agreements;

(8)

Final plats, replats;

(9)

Planned unit developments;

(10)

Preliminary subdivision plans;

(11)

Master land use plans;

(12)

Site development orders (other development projects), or other development permits, including amendments, that require a deviation greater than twenty (20) percent of a minimum LDC requirement;

(13)

Vested Rights Determination;

(14)

Site Development Orders (City projects), including amendments, that require a deviation of greater than twenty (20) percent of a minimum LDC requirement, excluding the New Downtown Village Core District and New Downtown District;

(15)

Redevelopment Site Development Orders and associated Architectural Design Order that require a deviation of greater than twenty (20) percent of a minimum LDC requirement.

(16)

Special exception use orders;

(17)

Any matter accepted by referral from the Land Use Administrator;

(18)

Architectural Design Order associated with a Site Development Order or Building Permit Application associated with a Mixed Use Development ¹ , Multi-family Development ¹ , Townhome Development ¹ , Office Development, and Commercial Development in all zoning districts;

(19)

Any other act required by State law or the City Charter.

¹ Architectural Standards are not in effect for Mixed Use Development outside of the New Downtown and Redevelopment Districts, Multi-family Development, and Townhome Development. Once standards are adopted, the standards shall become effective immediately.

(B)

Public Hearings The City Council shall conduct a public hearing, as required by controlling law, prior to acting upon the following:

(1)

Adoption of, or amendments to, the Comprehensive Plan;

(2)

Adoption of, or amendments to, this LDC;

(3)

Amendments to the official zoning map;

(4)

Annexation petitions;

(5)

Developments of regional impact;

(6)

Planned unit developments;

(7)

Statutory development agreements; and

(8)

Special exception use orders.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

Appeals to the City Council

(1)

An appeal of any final order or decision of the Land Use Administrator, LPA or a hearing officer, shall be taken to the City Council by any person aggrieved. The decision of the City Council shall be final, unless otherwise appealed to the courts. Appeals to the City Council shall be de novo .

(2)

A written notice of appeal must be filed with the City Clerk and specifically state the reason for the appeal. A notice of appeal shall be considered filed when delivered to the City Clerk, and the date and time of filing shall be entered on the notice. An appeal must be filed within thirty (30) days of the final order or decision appealed from.

(3)

The City Council may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the City Council shall have all the powers of the Land Use Administrator, LPA or a hearing officer.

(B)

Administrator to Provide Related Documents Whenever an appeal is filed, the Land Use Administrator shall forthwith transmit all of the information constituting the record relating to the action appealed from to the a hearing officer, Land Use Administrator, LPA, City Council or a court to whom the appeal is made.

(C)

An order, requirement, decision, or determination is not final until all appeals of the order, requirement, decision, or determination have been decided within the City's appellate processes if a timely appeal has been filed. Upon a final City decision occurring, the matter shall be final unless appealed to the courts; provided, however, that the appeal of an approved application for an order or relating or pertaining to a requirement, decision, or determination to the courts shall not stay the effect of the approval unless a court order so determines.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

It is recognized that because of the individual characteristics of any given development, flexibility in the application of minimum requirements may be warranted for quantifiable standards of this LDC. The approving authority may, therefore, grant deviations from the minimum requirements of this LDC whenever it finds such deviations will fulfill the intent of this LDC. If an application requests multiple deviations, each deviation shall be evaluated independently. Any deviations from the minimum requirements of this LDC must be specified and justified by the applicant and mitigation may be required by the approval authority.

(B)

Approval Authority

(1)

City Development Projects.

(a)

The Land Use Administrator is authorized to approve a deviation of twenty (20) percent or less of a minimum LDC requirement.

(b)

The City Council is authorized to approve a deviation greater than twenty (20) percent of a minimum LDC requirement.

(2)

All Other Development Projects.

(a)

The Land Use Administrator is authorized to approve a deviation of twenty (20) percent or less of a minimum LDC requirement.

(b)

The LPA is authorized to approve a deviation greater than twenty (20) percent of a minimum LDC requirement associated with a building permit.

(c)

The City Council is authorized to approve a deviation greater than twenty (20) percent of a minimum LDC requirement.

(d)

City Council approves all architectural plans for Mixed Use Development ¹ , Multi-family Development ¹ , Townhome Development ¹ , and Office Development, and any amendments or deviations thereto.

¹ Architectural Standards are not in effect for Mixed Use Development outside of the New Downtown and Redevelopment Districts, Multi-family Development, and Townhome Development. Once standards are adopted, the standards shall become effective immediately.

Notes:

CC: City Council

LUA: Land Use Administrator

LPA: Local Planning Agency

(3)

Properties Subject to Eminent Domain Process The Land Use Administrator is authorized to review and act upon, or refer to the City Council, an application for a deviation of a minimum LDC requirement for properties that have been subjected to an eminent domain process to allow the continued use of the property in a manner similar to its pre-eminent domain condition.

(C)

Criteria for Approval A deviation may be granted by the approving authority if it finds, based upon substantial competent evidence submitted by the applicant, that strict application of a minimum LDC requirement is not warranted and granting a deviation will fulfill the intent of this LDC. The approving authority shall consider the following to determine if the applicant has submitted substantial competent evidence justifying a request for a deviation to a minimum LDC requirement and if granting the proposed deviation will fulfill the intent of this LDC:

(1)

Existence of Special Conditions. That special conditions or circumstances exist which are peculiar to the land, structure or building involved.

(2)

Compatibility. The proposed deviation's scale and intensity is compatible with and will not adversely impact land use activities on adjacent properties.

(3)

Proper Use of Mitigative Techniques. The proposed development project has been designed to incorporate mitigative techniques needed to prevent adverse impacts to adjacent land use activities.

(4)

Protection of Environmentally Sensitive Areas. The proposed deviation is necessary to conserve and protect the natural environment including wetlands, natural habitat, protected canopy trees, drainage corridors, flood prone lands, and other environmentally sensitive lands.

(5)

Only Minimum Deviation Granted. That the proposed deviation is the minimum necessary.

(6)

Open Space and Other Facilities. The proposed deviation provides for more useable and suitably located open space and other public and common facilities than would otherwise be provided under strict application of the minimum LDC requirement.

(7)

Existing Non-Conforming Uses of Other Property Not Basis for Approval. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a deviation.

(8)

Other Information. The applicant may provide other information in addition to that listed above to justify a request for a deviation to a minimum LDC requirement and demonstrate that granting the proposed deviation will fulfill the intent of this LDC.

(D)

Burden of Proof The burden of presenting evidence sufficient to allow the approving authority to grant a deviation, as well as the burden of persuasion on those issues, remains with the applicant seeking the deviation.

(E)

Approval Conditions In granting deviations, the approving authority may impose such reasonable conditions as will ensure that the use of the property to which the deviation applies will be reasonably compatible with the surrounding properties including, but not limited to, visual screening, and may also prescribe a reasonable time limit within which construction or occupancy of the premises for the proposed use shall have begun or have been completed or both. All such conditions are enforceable in the same manner as any other applicable requirement of this LDC.

(F)

Federal Florida Flood Insurance No deviation may be granted that would otherwise impact the City's standing under the federal flood insurance program or any similar program.

(G)

No Deviations for Anything Prohibited by the Code No deviations for anything prohibited by this LDC may be granted.

(H)

Deviation Attached to Development Order or Permit A granted deviation, and any conditions attached to it, shall be incorporated into the development order or permit and development plan.

(I)

Modification to an Approved Deviation A proposed modification to an approved deviation from a minimum LDC standard shall be added to the approved deviation and considered in the aggregate. The total deviation (approved deviation plus proposed modification) shall determine the approving authority.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

Application for Special Exception Use Order Prior to a public hearing of the LPA or City Council to consider an application for a special exception use order, the Land Use Administrator shall provide notice of the public hearing to consider the special exception use order as follows:

(1)

At least ten (10) days prior to the public hearing, post a notice on the property of the proposed special exception use order;

(2)

At least ten (10) days prior to the public hearing, mail a similar notice to the Applicant; the owner of the property , if other than the Applicant; and the owners of every parcel of land within a distance of two hundred (200) feet from the property line of the property described in the application; and

(3)

At least seven (7) days prior to the public hearing, publish a notice of public hearing in a newspaper circulated in the City.

(4)

The notice shall, at a minimum, include the time, date, and location of the public hearing; identification of the authority conducting the public hearing; a brief description of the special exception use applied for; general description of the property described in the application; and the place or places that the application may be inspected by the public.

(B)

Land Development Code Amendment Proposed amendments to this LDC shall be in accordance with the requirements of State Law.

(C)

Application for Zoning Map Amendment, Statutory Development Agreement, and Development of Regional Impact Notice for an application for zoning map amendment, statutory development agreement, and development of regional impact shall be in accordance with the requirements of State law. Additionally, at least ten (10) days prior to a public hearing of the LPA or City Council, the Land Use Administrator shall:

(1)

Post a notice on the property of the proposed application; and

(2)

Mail a notice of public hearing to the applicant; the owner of the property described in the application, if other than the applicant; and the owners of every parcel of land within a distance of two hundred (200) feet from the property line of the property described in the application.

(3)

The notice shall, at a minimum, include time, date, and location of the public hearing; identification of the authority conducting the public hearing; type of application to be considered; general description of the property described in the application; a brief description of the proposal being considered; and the place or places that the application may be inspected by the public.

(D)

Miscellaneous Provisions Relating to Notice

(1)

In the event of a conflict between the provisions of this LDC and State law, the provisions of State law shall prevail.

(2)

In the event that a person asserts lack of notice, but appears at the meeting or public hearing for which the notice was given, the assertion shall be deemed out of order and said matter shall be adjudicated in the resulting development order or development permit.

(3)

Notwithstanding the notice requirements set forth in this LDC, the Land Use Administrator, in conjunction with the City Attorney, may, as the circumstances require, take actions necessary to ensure that administrative due process is afforded to all affected parties.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

Non-Conforming Situations

(1)

Existing characteristics of use which become non-conforming or increase in non-conformity as a result of an eminent domain process including, but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention shall be required to meet the requirements of this LDC to the greatest extent possible, as determined by the Land Use Administrator. Thereafter, the existing characteristic of use shall be deemed conforming only to the extent of those non-conformities caused by the eminent domain process. Any matter reasonably related to the post-taking use of the property and reasonably resulting from the taking may be considered.

(2)

If any legally existing structures (principal or accessory), or vehicular use area must be relocated as a direct result of an eminent domain process, or as a result of safety concerns, if allowed to remain after the eminent domain process, the Land Use Administrator may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable as determined by the Land Use Administrator. If the relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming, but only to the extent of those non-conformities caused by the eminent domain process. Any future expansion or enlargement thereof shall be in accordance with all applicable requirements of this LDC.

(3)

Legally existing structures (principal or accessory) or vehicular use areas which become non-conforming or increase in non-conformity as a result of an eminent domain process which are thereafter damaged or destroyed, other than by voluntary demolition, to an extent of more than fifty (50) percent of the Seminole County Property Appraiser's assessed valuation at the time of destruction, can be restored, but only to pre-destruction condition in accordance with controlling development and regulatory codes. Any expansion or enlargement that does not increase the non-conformity of a characteristic of use shall be permitted in accordance with all applicable requirements of this LDC and other controlling development and regulatory requirements. If expansion or enlargement increases the non-conformity of a characteristic of use approval, such expansion or enlargement shall be in accordance with all applicable requirements set forth in this LDC to the extent practicable.

(4)

If a structure is required to be relocated, but contains a non-conforming use, the Land Use Administrator may permit the relocation onsite or to an adjacent parcel upon a determination that no public harm will result.

(5)

Where part of a principal structure is acquired, the reconstruction of the acquired structure (same size and use) may be permitted. The reconstruction must meet all City codes to the greatest extent practicable, as determined by the Land Use Administrator. The reconstructed structure shall thereafter be deemed conforming as to those non-conformities caused by the eminent domain process.

(6)

Any alterations, repairs or rehabilitation work necessitated by an eminent domain process may be made to any existing structure, building, electrical, gas, mechanical or plumbing system, provided that the alteration, repair or rehabilitation work conforms to the requirements of the controlling development and regulatory codes. The Land Use Administrator shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.

(B)

Deviations

(1)

Approval Authority of Land Use Administrator The Land Use Administrator is authorized to review and act upon, an application for a deviation of a minimum LDC requirement for properties that have been subjected to an eminent domain process to allow the continued use of the property in a manner similar to its pre-eminent domain condition.

(2)

Application for Deviation

(a)

The eminent domain authority, or the property owner, may apply in writing to the Land Use Administrator for a deviation, at no cost to the property owner or eminent domain authority, of a minimum LDC requirement for properties that have been subjected to an eminent domain process to allow the continued use of the property in a manner similar to its pre-eminent domain condition. The application must demonstrate that the deviation will not result in a condition which adversely affects the health, safety or welfare of the general public.

(b)

The Land Use Administrator shall, within thirty (30) days of receipt of a sufficient application, issue to all parties a development order or permit granting the deviation or denial development order denying the deviation.

(c)

The Land Use Administrator shall provide a copy of the development order or permit granting the deviation or denial development order denying the deviation to the City Attorney's Office if the property is in an eminent domain lawsuit, or in pre-suit negotiations.

(d)

If a deviation is denied by the Land Use Administrator, the property owner or eminent domain authority may appeal the denial to the a City Council at no cost to the property owner or eminent domain authority.

(3)

Criteria for Approval In granting any deviation, the Land Use Administrator shall consider the following to determine if granting the deviation will fulfill the intent of this LDC:

(a)

That special conditions or circumstances exist which are peculiar to the land, structure or building involved.

(b)

The deviation will not adversely affect the safety of pedestrians or operations of motor vehicles.

(c)

The deviation will preserve required off-street parking to the greatest extent practicable. The reconfiguration, reduction, or removal of landscape and/or open space may be considered to preserve off-street parking.

(d)

The deviation incorporates mitigative techniques needed to prevent adverse impacts to adjacent land use activities.

(e)

The deviation is the minimum necessary.

(f)

No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a deviation.

(4)

Signs

(a)

A sign which is located on a parcel that is subject to an eminent domain process may be allowed to be relocated on the remaining portion of the parcel on which it is located in accordance with the following:

(i)

Conforming Signs

1.

The sign shall be relocated on the remaining parcel in such a manner as to meet the setback and distance separation requirements. If setback and distance separation requirements cannot be met due to the size and/or configuration of the remaining parcel, then, subject to the Land Use Administrator's determination, the sign may be relocated so as to comply with such regulations to the greatest extent practicable as determined by the Land Use Administrator.

2.

Regardless of the sign location, adherence to all sight visibility requirements shall be required.

(ii)

Non-Conforming Signs

1.

Any existing non-conformity of a sign, other than setback or distance separation, shall not be increased upon relocation. A non-conforming sign may not be structurally altered or enhanced upon relocation.

2.

If the sign to be relocated is a non-conforming sign, upon proof submitted by the applicant and subject to the determination by the Land Use Administrator that public harm will not occur, such sign may be relocated notwithstanding the provisions of this LDC to the contrary.

(b)

The Land Use Administrator shall ensure that controlling Federal and State law is applied at all appropriate times with regard to outdoor advertising.

(5)

Expansion or Enlargement After Deviation Granted Any further expansion or enlargement of a lot, parcel, structure or use after a deviation has been granted shall be in accordance with all applicable requirements of this LDC.

(C)

Code Violations Threatening Public Health, Safety and Welfare

(1)

The provisions of this section shall not be interpreted to allow for the continued existence of building or other safety code violations that are determined to be a threat to the public health, safety or welfare.

(2)

The appropriate building, fire, code enforcement officials and inspectors are hereby authorized, in accordance with direction from the Land Use Administrator, as appropriate, to take any and all necessary steps to enforce all applicable development, land use, building and safety codes even though the subject property is part of an eminent domain process.

(D)

No Liability for Determinations

(1)

Many of the determinations made by the Land Use Administrator or a hearing officer are based on the City's history and goals and by utilizing "best practice" methods which are generally consistent with sound land use planning practices and principles. Those determinations are made in the best interest of the community and the Land Use Administrator or a hearing officer shall incur no personal liability as a result of discharging duties in making said determinations.

(2)

The granting of a deviation under this section shall not be considered a non-monetary benefit to the property owner.

(3)

Nothing in this section shall cause the City to be liable for damages, expenses or losses for any action taken by the City pursuant to this LDC.

(4)

The provisions of this section shall not be interpreted to grant or allow a vested right in any particular lot, parcel, structure, use, building, development or property that is subject to or affected by an eminent domain process.

(Ord. No. 1626 , § 3, 8-17-15)

(A)

Application

(1)

The owner or owners of real property, or his, her, its or their expressly authorized agent, may request a determination of vested rights from and against the provisions of the LDC by paying the application fee therefor and filing a technically complete application with the Land Use Administrator.

(2)

The application form shall, at a minimum, contain the following information:

(a)

The name and address of the applicant who shall be the owner or all owners of the subject parcel of real property or a person expressly authorized to apply on behalf of the owner or owners.

(b)

A legal description, current tax parcel identification number and survey or a sketch of the real property which is the subject of the application.

(c)

The name and address of each owner or the real property.

(d)

A copy of all site or development plans or plats relating to the real property.

(e)

Identification by specific reference to any ordinance, resolution or other action of the City or failure to act by the City, upon which the applicant relied and which the applicant believes supports the applicant's position relative to the assertion of vested rights relative to the subject real property.

(f)

A statement of fact which the applicant intends to prove in support of the application that vested rights exist. The application shall fully articulate the legal basis for being allowed to proceed with development without application of otherwise applicable architectural standards.

(g)

Such other relevant information that the Land Use Administrator may request or the applicant may desire to have initially considered.

(h)

The application shall provide a sworn statement to be executed by all owners of the real property or an authorized agent that all information set forth on the application is true and correct.

(3)

The Land Use Administrator shall screen each application for a vested rights determination to determine whether the application is technically complete. The sufficiency determination shall be made within fourteen (14) calendar days after receipt of an application. If not technically complete, the application shall be promptly returned to the applicant. A technically incomplete application shall be returned to the applicant with written notification of the deficient items not provided as required by this LDC and the applicant shall be granted fourteen (14) additional calendar days to complete this application. If a response is not submitted to the Land Use Administrator within the time specified, the application shall be deemed abandoned.

(4)

Upon the Land Use Administrator accepting a technically complete application, for which the application fee has been submitted, the City Council shall review the application and hold a public hearing and make a final determination within twenty-one (21) calendar days as to whether or not it has been clearly and convincingly demonstrated that the real property subject to the application has vested status. Within seven (7) calendar days after making a final determination of vested rights status, the City Council shall provide the applicant with written notification of the determination of vested rights status in the form of a development of a development order, if the application is approved, or a denial development order, in accordance with the provisions of F.S. § 166.033, if the application is denied. All orders shall contain findings of facts, conclusions of law and the operative order constitution the decision of the City Council. If the City Council determines that vested rights exist and that development may proceed, the applicant shall have the right to rely upon such development order that the real property is vested and the determination that the real property is vested shall be final and not subject to appeal, revocation or modification. Thereupon, permits may be granted and development shall comply with the applicable standards except those against the development is vested from as set forth in the development order issued by the City Council.

(5)

At the hearing, the applicant shall present all of its, their, his or her evidence in support of the application. The technical rules of evidence in judicial proceedings shall not be applicable, but all testimony given shall be under oath.

(6)

The City Council's decision to grant or determine vested rights status shall be final subject, however, to appeal in accordance with State law.

(Ord. No. 1626 , § 3, 8-17-15)