(a)

Requirements.

(1)

Applications shall go to the BOA who shall give notice, schedule, and conduct a public hearing on the application.

(2)

The preparation of a proposed BOA recommended determination, including findings of fact and conclusions of law that shall be submitted to the town council.

(3)

A final determination that shall specify the development rights that are vested or the beneficial use to which the landowner is entitled, including the following:

a.

The geographic scope of the determination in relation to the total area of the development site.

b.

The duration of the determination and an expiration date.

c.

The substantive scope of the determination, including, but not limited to, whether the development is vested for density, concurrency, and building permit allocation.

d.

The applicability of existing and future county land development regulations.

e.

Verification that construction timely commences and quarterly reporting requirements to ensure that the development is continuing in good faith.

f.

Such other limitations and conditions necessary to ensure compliance with the comprehensive plan.

(b)

Vested rights.

(1)

A determination of vested rights shall be based upon one or more valid, unexpired permits or approvals issued by the town prior to the effective date of the comprehensive plan of the town.

(2)

The determination of vested rights shall be limited to the development expressly contemplated by said permits or approvals and to those aspects of development, which meet the standards, and criteria of this policy.

(3)

The applicant for a vested rights determination shall have the burden of proving that:

a.

The applicant has reasonably relied upon an official act by the town. For the purposes of a vested rights determination pursuant to this comprehensive plan, any of the following may constitute an official act:

1.

One or more valid, unexpired permits or approvals issued by the town, provided that the zoning or land use designation of property shall not be deemed to constitute a permit or approval for the purpose of a determination of vested rights;

2.

A subdivision plat recorded in the official records of the county that fulfills the criteria established in F.S. § 380.05(18);

3.

An unexpired determination of vested rights granted by the town; or

4.

A valid, unexpired building permit issued prior to the effective date of the comprehensive plan of the town; and

b.

The applicant, acting in good faith, has made such a substantial change of position or has incurred such extensive obligations and expenses that it would be highly inequitable or unjust to effect such rights by requiring the applicant to now conform to the comprehensive plan and land development regulations. Substantial changes of position or expenditures incurred prior to the official town act upon which the vested rights claim is based shall not be considered in making the vested rights determination; and

c.

The development has commenced and has continued in good faith without substantial interruption.

(4)

A vested rights determination shall not preclude the town from subjecting the proposed development to:

a.

Town land development regulations in effect on the date of the vested rights determination or adopted subsequent to the vested rights determination.

b.

Unless the development is shown to be vested with regard to the subject matter addressed by a prior development order and the specific requirements.

c.

A vested rights determination shall specify an expiration date by which all building permits necessary for development shall have been issued. The expiration date shall be reasonable, and, in no event later than the date specified in the original development order.

(5)

Beneficial use.

a.

It is town policy that the provisions of neither the comprehensive plan nor the LDC shall deprive a property owner of all reasonable economic use of a parcel of record as of June 10, 1991.

b.

An owner of real property may apply for relief from the literal application of applicable land use regulations when such application would have the effect of denying all economically reasonable use of that property unless such denial is necessary to prevent a nuisance or to protect the health, safety, and welfare of the town citizens.

c.

For the purpose of this policy, all reasonable economic use shall mean the minimum use of the property necessary to avoid a taking within a reasonable period as established by current land use case law.

d.

The relief to which an owner shall be entitled may be provided with one or a combination of the following:

1.

Granting of a permit for development in order to prevent an unconstitutional taking by inverse condemnation arising from implementation of the plan or LDC as applied to the specific property, that renders it wholly unbuildable;

(i)

Transfer the development rights to the DRRA.

(ii)

Government swap or purchase of all or a portion of a parcel upon which all beneficial use is prohibited is allowed.

(iii)

Such other relief as the town may deem appropriate and adequate.

(c)

The relief granted shall be the minimum necessary to avoid a taking of the property under state and federal law.

(d)

Development approved pursuant to a beneficial use determination shall be consistent with all other objectives and policies of the comprehensive plan and land development regulations unless specifically exempted from such requirements in the final beneficial use determination.

(Code 2015, ch. 21, § 21.17)

(Code 2015, ch. 21, att.)