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SANFORD CITY CODE
CHAPTER 74
PLANNING AND DEVELOPMENT
ARTICLE V. VESTED RIGHTS
SECTION 1.0: DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Applicant - Any person, partnership, corporation, or other legal entity having an
ownership interest in a parcel of real property in the city, or his/her designated lawful
attorney-in-fact, who applies for a special permit pursuant to this article.
Date of Notice of a Change in a Land Development Regulation - The date on
which a notice of a public hearing on a proposed change in a land development
regulation was first published in a newspaper of general circulation.
Development Order - Any order granting, with or without conditions, a permit
for development including: any building permit, zoning permit, rezoning, subdivision
approval, site plan approval, special exception, conditional use, variance, or any other
official action of the city.
Investment-Backed Expectation - The expenditure of substantial sums of
money by the applicant which cannot be recovered by the applicant, or an irreversible
and substantial change of position that imposes on the applicant an obligation to
expend sums of money in the future.
Land Development Regulation - A regulation in the City Code that controls the
development of property, including but not limited to regulations for: zoning, land
development, utilities, building, life safety, fire and others that affect the use, density or
intensity of land use
Newspaper of General Circulation - A newspaper primarily printed in the
English language readily available for purchase by inhabitants of the city. A newspaper
of general circulation must be entered or qualified as second-class matter at a post
office within Seminole County; shall have been in existence for one year or more; and
shall be published periodically at least once a week or more often.
SECTION 2.0: SPECIAL PERMIT.
Upon application and after review as provided herein, the City Commission may
authorize as a special permit an exception to the otherwise applicable provisions of the
currently effective city comprehensive plan or the city land development code. The
special permit shall be a development order for a specific type, level, nature, density,
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intensity, or other form of development of a specifically described parcel of real
property. The special permit may be granted upon a finding by the City Commission
that the applicant has demonstrated, pursuant to the standards set forth in the following
sections of this article, that the applicant has a preexisting vested right to commence,
maintain, and complete a specific level, type, nature, density, intensity, or other form of
development. The special permit may be granted with or without conditions as may be
appropriate considering the evidence adduced and reviewed before the City
Commission.
The special permit is not transferable, in whole or in part, to any other parcel of
real property or to any other person, corporation, or other legal entity.
SECTION 3.0: CONSIDERATIONS FOR DETERMINATION OF PERMIT.
In determining whether a right to commence, maintain, and complete
construction of a specific level, type, nature, density, intensity, or other form of
development has been vested, the following factors shall be considered:
Whether there has been an act or omission to act by the city;
A. Whether a city official acted or omitted to act and the personnel rank, official
position and authority of that official;
B. Whether the city official acted or omitted to act within the course and scope of
his/her personnel rank, authority and official position;
C. The nature of the act committed and date thereof, or the nature of the omission
to act and approximate date thereof;
D. Whether the applicant made a substantial change in position, or has an
investment-backed expectation, based upon the city's act or omission to act;
E. The nature of the applicant's change in position or investment-backed
expectation, including expenditure of money or obligation to expend funds,
amounts thereof, dates of expenditures; or incurrence of the obligation to incur
expenditures, acts committed which represent a change in position, and dates
thereof;
F. The good faith of the applicant in substantially changing his/her position, or the
incurring of extensive obligations and expenses based upon the city's actions or
omissions to act;
G. Any legally permitted acts of the applicant and the specific dates thereof
associated with physical improvements on the land or for the design of specific
buildings and improvements to be constructed on the site;
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H. The extent to which the applicant has secured building permits for, and
commenced in whole or in part, but not completed, the construction of physical
improvements on the land, utility infrastructure or other public improvements or
buildings germane to a phased development that was contemplated to extend
over a period of months or years;
I. Whether the applicant prior to or on the date of notice of a change in a land
development regulation has made contractual commitments to complete
structures and deliver titles there to or occupancy thereof, and the dates of and
amounts of money involved in those commitments;
J. Whether prior to, or on, the date of notice of change in a land development
regulation for the currently effective comprehensive plan, land development
code, or applicable section of either document, the applicant incurred financial
obligations to a lending institution, which, despite a thorough review of alternative
solutions, the applicant will be unable to meet, or it would be inequitable and
unjust to require the applicant to meet, unless he is permitted to proceed with the
previously permitted specific level, type, nature, density, intensity, or other form
of development;
K. Whether enforcement of the terms of the currently effective comprehensive plan
or land development code regulation will expose the applicant to substantial
monetary liability to third persons, or will leave the applicant completely unable,
after thorough review of alternative solutions, to earn a reasonable return on
his/her investment in the property;
L. Whether the right of the applicant to commence, maintain, and complete the
proposed development, or a specific level, type, nature, density, intensity, or
other form of development has been vested only with respect to an identifiable
and discreet portion of the applicant's property; and
M. Any other information relevant to understanding the applicant's claim to vested
rights to develop his/her real property in a particular manner that may be
pertinent under state or federal law.
SECTION 4.0: DEMONSTRATION OF VESTED RIGHTS.
The right of the applicant to commence, maintain, or complete construction of a
development or to a specific level, type, nature, density, intensity, or other form of
development on his/her parcel of real property, or a portion thereof, is vested if the
applicant can demonstrate that:
A. The applicant owned the parcel of real property proposed to be developed on the
date of notice of a change in a land development regulation, and that the specific
level, type, nature, density, intensity, or other form of development proposed for
the parcel of real property was lawful and legally permitted at that time;
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B. The applicant has continuously owned the parcel of real property since the date
of notice of a change in a land development regulation until the date of the public
hearing before the City Commission on the special permit application;
C. The most current legislated city comprehensive plan or land development code,
or portion thereof, cited by the applicant as being counter to the applicant's
vested right to commence, maintain, and complete construction of a specific
level, type, nature, density, intensity, or other form of development, has a
material and adverse effect upon the applicant's vested right to develop the
subject parcel or continue the use of real property as contemplated;
D. By application of the considerations set out in Section 3.0, the applicant in good
faith upon some act or omission of the city has made such a substantial change
in position it has an investment-backed expectation that would make it
inequitable and unjust to destroy the right of the applicant to commence,
maintain, and complete a specific level, type, nature, density, intensity, or other
form of development upon all or a portion of the applicant's parcel of real
property; and
E. The requirement that the applicant's property be developed in accordance with
the currently effective city comprehensive plan or city land development code will
deprive the applicant of a reasonable rate of return on his/her investment or
effectuate a substantial change in position, given the substantial change in
position of the applicant or the creation of an investment-backed expectation
prior to or on the date on which the most current city comprehensive plan or land
development code was subject to a notice of a change. In determining the
reasonableness of the projected rate of return, the following categories of
expenditures shall not be included in the calculation of the applicant's investment:
1. Expenditures for professional services that are unrelated to the design or
construction of the contemplated improvements proposed;
2. Expenditures for taxes, except for any increases in tax expenditures which
result from issuance of a development order which would now be contrary
to the currently existing city comprehensive plan or land development
code; and
3. Expenditures which the applicant would have been obligated to incur as
ordinary and necessary business expenses including, but not limited to
employees' salaries, equipment rental, chattel mortgage payments.
The fact that the property has been or is in a particular zoning or comprehensive
plan district or classification under the currently effective city comprehensive plan or
land development code, or any prior city comprehensive plan or zoning ordinance of the
city, shall not, in and of itself, establish that an applicant's right to commence, maintain,
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and complete construction of a specific level, type, nature, density, intensity, or other
form of development has been vested.
SECTION 5.0: APPLICATION PROCESS.
A. Any person, partnership, corporation, or other legal entity having an ownership
interest in a parcel of real property may file an application for a special permit
within six (6) months of the effective date of the amendatory ordinance that
rezones, changes the land use of the property, or otherwise materially and
adversely affects the applicant's parcel of land (or portion thereof) so as to
prohibit the specific level, type, nature, density, intensity, or other form of
development, in whole or in part, or vested rights shall be deemed to have been
waived.
The application shall be filed with the City Clerk who shall, upon receipt of the
same, stamp the application with the date and time. The application shall
contain:
1. A concise and complete recital of the facts, including dates of
expenditures or obligation to expend funds, dollar amounts, the nature of
expenditures or obligation to expend funds, and other factors which are
claimed to support the claim to a vested right to commence, maintain, and
complete a specific level, type, nature, density, intensity, or other form of
development;
2. A legal description of the parcel of real property and a survey, if available,
thereof upon which the applicant claims to have vested development
rights;
3. The applicant's name, address, and telephone number, email address and
fax number;
4. The name, address, and telephone number, email address and fax
number of any attorney or agent who is or will be representing the
applicant;
5. A title opinion by an attorney authorized to practice in the state of Florida
or a complete abstract of title or other evidence acceptable to the city
demonstrating that the applicant has continuously held title to the real
property described in the application from the date of the notice of a
change in amendatory ordinance in question until the date of application
for the special permit.
6. A complete description of the extent and quality of ownership of the real
property during that period;
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7. An affidavit under penalty of perjury executed by the applicant before a
notary public attesting to the truth, accuracy, and veracity of the
application based on the applicant's personal knowledge and all
attachments thereto; and
8. Such other information relevant to the standards and matters germane to
this Article as the Director of Planning and Development Services may
specify.
9. An application fee as shall be established by a resolution of the City
Commission from time to time
B. Within fourteen (14) days of submission, the City Manager will determine whether
the petition is technically complete and will accept it or request corrections. A
technically incomplete application shall be returned to the applicant with written
notification of the deficient items. The applicant shall be granted fourteen (14)
additional calendar days to complete this application. If a response is not
submitted to the City Manager within the time specified, the application shall be
deemed abandoned.
C. Within thirty (30) calendar days of determining that an application is technically
complete, the City Manager shall schedule a public hearing before the City
Commission to review the application and the City Commission makes a final
determination as to whether or not vested rights have been clearly and
convincingly demonstrated.
D. Within seven (7) calendar days after making a final determination of vested rights
status, the City Commission shall provide the applicant with written notification of
the determination of vested rights status. If the City Commission determines that
vested rights exist the applicant shall have the right to rely upon such written
determination and the determination shall be final.
E. Any determination by the City Commission with respect to vested rights and the
issuance of a special permit under this article shall expire and be of no further
force or effect, unless construction is actually commenced on the parcel of real
property within one (1) year of the date that the order granting the special permit
is filed with the City Clerk. For good cause shown by the applicant, the City
Commission may, in its legislative discretion, extend the foregoing one-year
period by a time period of up to one additional year.
F. Any person, partnership, corporation, or other legal entity claiming a vested right
to commence, maintain, and complete any specific level, type, nature, density,
intensity, or other form of development of a specific parcel of real property who
does not file an application for determination under this article within six (6)
months of the effective date of the amendatory ordinance that rezones, changes
the land use of the property, or otherwise materially and adversely affects the
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applicant's real property or portion thereof so as to prohibit the specific level,
type, nature, density, intensity, or other form of development, in whole or in part,
shall be deemed to have waived and abandoned the right to seek such a
determination.
G. In addition to published notice in a newspaper of general circulation, actual notice
of any hearing before the City Commission for recognition of vested rights status
shall be mailed to the applicant and all persons who are required to be so noticed
with regard to applications for a major conditional use.
SECTION 6.0: APPLICATION FEE.
The City Commission of the City of Sanford shall legislate and establish the
required application fee by Resolution of the City Commission. The fee shall cover the
cost of processing the special permit application, advertising, and the preparation and
mailing of courtesy notices and special permit orders and related administrative costs of
the Boards and City Commission.
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