This chapter is adopted in compliance with, and pursuant to, the Community Planning Act, F.S. § 163.3161 et seq.

(Code 1986, § 12-0-1; Ord. No. 49-90, § 1, 10-4-1990)

(a)

It is hereby declared that the purpose and intent of this chapter is to encourage the most appropriate use of land, water, and resources consistent with the public interest; and deal effectively with future problems that may result from the use and development of land within the city. Through the use of the plan, and those elements and subelements thereto adopted herein by this chapter, it is the intent of the city council to preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; prevent the overcrowding of land and avoid undue concentration of populations; facilitate the adequate and efficient provision of transportation, water, sewerage, parks and recreation facilities, solid waste, drainage, and other services; and conserve, appropriately develop, utilize, and protect natural and historic resources; to adequately plan for and guide growth and development within the city, to coordinate local decisions relating to growth and development and to ensure that the existing rights of property owners be preserved in accord with the Constitution of the State of Florida and of the United States.

(b)

The provisions of the plan, its elements, and its subelement adopted by this chapter are declared to be the minimum requirements necessary to accomplish the aforesaid stated intent, purpose, and objectives of this chapter; and they are declared to be the minimum requirements to maintain, through orderly growth and development, the character and stability of present and future land use and development within the city. Nothing in the comprehensive plan is to be construed to limit the powers and authority of the city council to enact ordinances, rules or regulations that are more restrictive than the provisions of this chapter.

(c)

Nothing in the comprehensive plan, or in the land use regulations adopted consistent with its requirements, shall be construed or applied so as to result in an unconstitutional temporary or permanent taking of private property or the abrogation of validly existing vested rights.

(Code 1986, § 12-0-2; Ord. No. 49-90, § 1, 10-4-1990)

The 1990 City of Pensacola Comprehensive Plan Goals, Objectives and Policies and maps for future land use, traffic circulation, natural resources, archaeological and architectural resources, mass transit, port aviation and related facilities, and recreation and open space were adopted in conformance with, and pursuant to, provisions of the Local Government Comprehensive Planning and Land Development Regulations Act, F.S. § 163.3184 et seq. They have been substantially amended twice and currently conform to the provisions of the Community Planning Act, F.S. § 163.3161 et seq. The adoption of the plan and its subsequent amendments supersedes all previous comprehensive plans.

(Code 1986, § 12-0-3; Ord. No. 49-90, § 1, 10-4-1990)

The mayor, or designee, shall be responsible for the general administration of the comprehensive plan. The planning services department shall be responsible for reviewing all codes and ordinances, pursuant to F.S. § 163.3194(2), to identify those that pertain to land development for submission to the planning board for their review, consideration, and recommendation to the city council. The planning services department shall be responsible for evaluating all development orders pursuant to the plan.

(Code 1986, § 12-0-4; Ord. No. 49-90, § 1, 10-4-1990; Ord. No. 16-10, § 195, 9-9-2010)

(a)

Appeals relating to any administrative decision or determination concerning implementation or application of the comprehensive plan's provisions shall follow an administrative procedure requiring first a review and decision by the planning services department (or in the case of application for a building permit, by the building official) which decision will be final. Appeals of the planning services department's or building official's decision may be made to the planning board. The planning board decision may be appealed to the city council. The city council shall establish procedures and proceedings and times for appeals. Any party challenging an administrative decision or determination concerning implementation or application of the plan's provisions must exhaust this appeal process before any action is deemed final by any court or quasi-judicial proceeding.

(b)

Protection of vested rights.

(1)

Definition of final local development order. For purpose of the plan, a final local development order shall be that last approval necessary to carry out the development provided that the proposed project has been precisely defined and development has commenced and is continuing in good faith. No development order that has been issued shall be deemed final if a period of one year has expired without issuance of a building permit for the development or if following issuance of a building permit, construction has not commenced within six months and continued in good faith.

(2)

Special exemptions based on previous approval of development orders.

a.

Notwithstanding any other provisions of the comprehensive plan, it shall be the policy of the city to consider granting special exemption status to a development that may be deemed inconsistent with a policy or operative provision in the comprehensive plan, if a project phase or a project as indicated in an approved development order in its entirety is completely contained on a site for which one or more of the following development orders has received final approval by the city and development has commenced and is continuing in good faith, prior to the date of adoption of the comprehensive plan:

1.

Final approved development orders relating to a development of regional impact (DRI) pursuant to F.S. ch. 380.

2.

Valid and approved final local development order.

b.

Additionally, it shall be the policy of the city to consider granting special exemption status to a proposed development that may be deemed inconsistent with a policy or operative provision in the comprehensive plan if that project in its entirety or project phase as indicated in an approved development order is completely contained on a site which has one of the following determinations, provided development commences within one year of the determination and continues in good faith.

1.

A development order or right determined to be "vested" pursuant to any prior judicial determination or any judicial determination by an appropriate court overturning a vested right determination made through any administrative procedure subsequently established by the city council.

2.

A development order or right determined to be "vested" pursuant to a vested right determination made through any administrative procedure subsequently established by the city council based on the owner's establishment by the presentation, at a public hearing, or competent, substantial evidence that he or she acted in good faith and in reasonable reliance upon some act or omission of the city and has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights he or she has acquired. A land use designation in a prior comprehensive plan, or a zoning designation, is not sufficient to constitute an act or omission of the city. The treatment of similar cases by state courts, as reviewed by the city attorney, as well as recommendations of staff shall be relevant to the determination of the extent of vested rights established, if any.

c.

Projects with special exemptions under subsections (2)a.1 and 2 of this section shall not be required to comply with the provisions of the comprehensive plan as to concurrency. Development orders determined to have "vested rights" under subsections (2)b.1 and 2 of this section shall be required to comply with the provisions of the comprehensive plan except to the extent provided in the vested rights determination or judicial order.

d.

To the extent that any subsequent amendment to development orders with a special exemption status established pursuant to the foregoing procedures, may alter existing development rights otherwise preserved under the special exemption status, such subsequent amendments shall not qualify for the special exemption and shall be reviewed in accordance with the then-existing comprehensive plan.

e.

It is not the intent of this section to preclude the consideration of appropriate extensions of development orders or phasing deadlines. Special exemption status shall, however, terminate upon expiration, repeal, or recession of any approved development order that created the special exemption status on the project or project phase or extension thereof. Any project, or all phases thereof, that are made a special exemption under this policy, or any development that does not comply with the then-existing comprehensive plan, shall lose such special exemption status upon the expiration of any final plan or permit, for the missing of any phasing deadline for such project.

f.

In the event that a phased project in its entirety qualifies as a special exemption, succeeding phases of that project shall retain that status so long as the following conditions are met:

1.

For the first phase, no more than one year has passed since the approval of the final site plan and/or no more than six months has passed since the issuance of a building permit and the commencement of development, which must continue in good faith.

2.

Each subsequent phase shall utilize the initial final site plan approval date as a base and the approved phase number will be the date in years for required commencement of development for that phase (example: in a three phased project the third phase shall commence development within three years of the initial final site plan approval.) All phases must continue development in good faith to retain special exemption status.

g.

Any proposed development considered under the special exemption provisions of this section must be consistent with the development orders previously approved and issued prior to the plan adoption for the proposed project or project phase. A developer may elect to be processed under the comprehensive plan, in its entirety, as it exists at the time of the request for development order approval. Unless a developer indicates that the special exemption provisions, as set forth above, apply to a request for development order approval at the time of application for such development order, then such project shall be processed under the terms of the comprehensive plan in existence at the time of such application.

h.

Nothing in this section precludes review of a proposed project or project phase that has been determined to have special exemption status under this section for compliance with other applicable development regulations not contained in the comprehensive plan. Nothing in this section precludes review of a proposed project or project phase that has been determined to have special exemption status under this section for compliance with the provisions of the comprehensive plan provided that requiring compliance with those provisions shall not substantially impair rights deemed to be vested pursuant to this section.

(Code 1986, § 12-0-5; Ord. No. 49-90, § 1, 10-4-1990)

(a)

After and from the effective date of this chapter, all development undertaken by and all actions taken in regard to development orders of the city council shall be consistent with the plan adopted herein.

(b)

The city council 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 plan adopted herein by this chapter, and any land development regulations existing at the time of adoption that are not consistent with the adopted comprehensive plan shall be amended so as to be consistent.

No land development regulations, land development codes, or amendment thereto shall be adopted by the city council until such regulations, code, or amendment has been referred to the planning board for review and recommendation as to the consistency of such proposals to the plan.

(d)

For purposes of this section, the terms "land development regulations" and "regulations for the development of land" shall include land use and zoning designations, zoning regulations, subdivision regulations, or other regulations, codes or ordinances controlling the development or use of land within the city.

(e)

It is the specific intent of this chapter that the plan adopted herein shall have the legal status set forth in F.S. § 163.3194, as amended. No public or private development of land within the city shall be permitted, except in conformity with the plan adopted herein.

(Code 1986, § 12-0-6; Ord. No. 49-90, § 1, 10-4-1990)

(a)

The following public participation procedures are hereby adopted by city council pursuant to F.S. ch. 163, part II, and F.A.C. 9J-5.004 for the purpose of ensuring continued provision of public participation in the city's planning process including the consideration of amendments to the city's comprehensive plan and evaluation and appraisal reviews:

(1)

Provisions to ensure that real property owners are put on notice, through advertisement in a newspaper of general circulation in the area or other method adopted by the local government, of official actions that will affect the use of their property.

(2)

Provisions for notice to keep the general public informed.

(3)

Provisions to ensure that there are opportunities for the public to provide written comments.

(4)

Provisions to ensure that the required public hearings are held.

(5)

Provisions to ensure the consideration of and response to public comments.

(b)

The city will make executive summaries of the comprehensive plan available to the general public and continue to provide information at regular intervals during the planning process to keep citizens aware of planning activities.

(Code 1986, § 12-0-8; Ord. No. 49-90, § 1, 10-4-1990)