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ORDINANCE NO. 2008- 4130
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, PROVIDING
FOR AN ADMINISTRATIVE REMEDY TO ASSERT VESTED RIGHTS;
PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING
ADMINISTRATIVE PROCEDURES TO ASSERT AN ADMINISTRATIVE
REMEDY RELATING TO VESTED RIGHTS RELATIVE TO THE
EFFECTS OF THE CITY OF SANFORD COMPREHENSIVE PLAN
AND/OR THE LAND DEVELOPMENT REGULATIONS OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION
AND PROVIDING FOR EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF SANFORD,
FLORIDA:
SECTION I: LEGISLATIVE FINDINGS AND INTENT.
(a) It is the purpose of this Ordinance to provide an administrative process for
evaluating vested rights assertions with regard to the effects of the Land Development
Regulations and the Comprehensive Land Plan of the City of Sanford prior to any
available recourse in a court of competent jurisdiction. In particular, it is intended that
such administrative relief be provided in the most professional, objective and equitable
manner possible through decisions of the City Commission as provided herein.
(b) No party shall be deemed to have exhausted his, her or its administrative
remedies for the purpose of seeking judicial review unless and until the party first
obtains reviews and seeks a remedy or relief as provided herein.
(c) Like most local government jurisdictions, the Land Development
Regulations and the Comprehensive Land Plan of the City of Sanford are imbedded in
the goals, objectives and policies of the City's overall land development and planning
endeavors.
(d) It is the intent of the City Commission of the City of Sanford to accomplish
sound land use regulation and planning in accordance with the provisions of State law
and all applicable regulations of the Code of Ordinances of the City of Sanford while
balancing the interests of private property owners with the public interest.
SECTION II: ASSERTION OF VESTED RIGHTS.
The owner or owners of real property or his, her, its, or their lawfully designated
authorized agent may request a determination of vested rights with regard to the effects
of the Land Development Regulations and/or the Comprehensive Land Plan of the City
of Sanford by
(i) paying the application fee therefore;
(ii) filing a technically complete application with the City Manager; and
(iii) comply with the requirements of the Sanford City Code, Chapter 74,
Planning and Development, Article V, Vested Rights
SECTION III. REQUIRED QUASI JUDICIAL PROCEDURES.
(a) APplication. The application form shall, at a minimum, contain those
matters specified in Section 5.0, A, 1 through 9 inclusive, Application Process, Sanford
City Code, Chapter 74, Planning and Development, Article V, Vested Rights, which
mandates are incorporated herein by this reference verbatim and shall be adhered to
by applicant and the City.
(b) ReQuired Quasi Judicial Procedural Mandates. The applicant shall
comply with the procedural mandates of Section 5.0, B through G inclusive, Sanford
City Code, Chapter 74, Planning and Development, Article V, Vested Rights, which
time requirements and mandates are incorporated herein by this reference verbatim
Ordinance No. 2008- 4130
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and shall be adhered to by the City and the applicant.
SECTION IV. INCORPORATION BY REFERENCE.
For all purposes and without limitation, Chapter 74, Planning and Development,
Article V, Vested Rights, is incorporated herein by this reference and shall be made a
part hereof verbatim by attachment and govern the legislative pronouncements,
mandates, and administration of the assertion of vested rights relative to the effects of
the City of Sanford Comprehensive Plan and/or the Land Development Regulations of
the City on real property within the City of Sanford.
SECTION V. CONFLICTS.
All ordinances or parts of ordinances in conflict with any of the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY.
If any section or portion of a section of this Ordinance proves to be invalid,
unlawful or unconstitutional if shall not be held to impair the validity, force or effect of
any other section or part of a section of this Ordinance.
SECTION VII. CODIFICATION.
The provisions of this Ordinance shall be included and incorporated within the
Code of Ordinances of the City of Sanford; provide, however, that Sections III, IV and
V, VI, VII, and VIII shall not be codified.
SECTION VIII. EFFECTIVE DATE.
That this Ordinance shall become effective immediately upon its passage and
Ordinance No. 2008- 4130
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adoption.
PASSED and ADOPTED this 11 th day of August, 2008.
Attest: CITY OF SANFORD, FLORIDA
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Lind; KUhf Mayor ..--
APPROVED AS TO FORM AND LEGALITY:
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Kenneth W. Mcintosh, Assistant City Attorney
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 2008 4130, passed and
adopted by the City Commission of the City of Sanford, Florida, on the 11th day of
August, 2008, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the 13th day of August, 2008.
Ordinance No. 2008- 4130
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