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Palm Bay City Zoning Code

PART 10

VESTED RIGHTS

§ 173.120 PREVIOUSLY AUTHORIZED DEVELOPMENT.

   In the event any provision of this Land Development Code would limit or modify the vested rights of any person or entity to complete a development that has been previously authorized, then in that event, the city may recognize the right to complete the development as provided herein. The city recognizes the right of any person to complete the following development:
   (A)   Development that has received a building permit as long as that permit remains valid;
   (B)   Development that has received final site plan approval shall have one (1) year to obtain and maintain a valid building permit;
   (C)   Development that has filed a completed application for a building permit shall have one hundred eighty (180) days to obtain and maintain a valid building permit; and
   (D)   Development that has received preliminary plat approval or preliminary PUD approval provided the development has secured a permit to construct all or any phase of such development and is continuing the development in good faith.
(Ord. 2024-33, passed 9-19-24)

§ 173.121 APPROVAL EXPIRATION.

   Any person or entity with vested rights who has a right to complete a development and has secured a building permit, final plat approval, final site plan approval, or preliminary approval as provided above shall lose its right to complete such development if such development does not maintain a current building permit, or current site plan or development approval as provided for by this code of ordinances of the city. Once a development has lost its current approval, then in that event future development shall comply with applicable provisions of the comprehensive plan and maps.
(Ord. 2024-33, passed 9-19-24)