Chapter 650 - COMPREHENSIVE PLANNING FOR FUTURE DEVELOPMENT

TITLE XVII - LAND USE Chapter 651 - EXPEDITED PERMITTING Chapter 650 - COMPREHENSIVE PLANNING FOR FUTURE DEVELOPMENT[1]

Footnotes: --- (1) ---

Charter reference— Downtown Development Authority, Art. 20.

State Law reference— Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3161 et seq.

State rule reference—Planning, F.A.C. Ch. 9J-1 et seq.

PART 1. - GENERAL PROVISIONS

Sec. 650.101. - Legislative findings.

The Council finds and determines that:

(a)

The City is experiencing continuous and ever more complex growth and development: commercial, industrial, residential and cultural.

(b)

The City must control, guide and direct this growth and development, so that it proceeds in an orderly, effective and definite pattern and direction.

(c)

The human, environmental, social and economic resources of the City must be protected by means of the comprehensive plan for the future development of the City.

(d)

The character and stability of present and future land use in the City must be maintained by orderly growth and development.

(e)

The Legislature, by the enactment of the "Community Planning Act," F.S. §§ 163.3161—163.3248, has mandated that the City adopt and maintain a comprehensive plan for its future development; and

(f)

The adopted 2030 Comprehensive Plan must be periodically reviewed, updated and adjusted as circumstances change and development proceeds in the City.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 1; Ord. 91-1016-425, § 1; Ord. 2014-108-E, § 1)

Note— Former § 622.101.

Sec. 650.102. - Short title.

This Chapter shall be known and may be cited as the Comprehensive Planning Ordinance.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1)

Note— Former § 622.102.

Sec. 650.103. - Legislative intent.

It is the intent of the Council in enacting this Chapter:

(a)

To accomplish the stated intent, purposes and objectives of the "Community Planning Act."

(b)

To require periodic review and updating of the comprehensive plan in an organized manner that will assure the inclusion of the latest developments and improvements in planning for the City.

(c)

To give the comprehensive plan adopted by the Council, as amended from time to time, the legal status contemplated by the Act.

(d)

To assure that all individuals, firms, corporations, groups, public agencies and other persons using or seeking to use the land, water and other resources, public and private, of the City will do so in accordance with the principles stated in the Act, the comprehensive plan and this Chapter.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 2; Ord. 2014-108-E, § 1)

Note— Former § 622.103.

Sec. 650.104. - Territorial application.

In the enactment of this Chapter, the City is exercising its powers both as a County and as a municipality. This Chapter shall extend throughout the General Services District and shall apply throughout the General Services District, except that, when the municipal government of the Second, Third, Fourth or Fifth Urban Services District has adopted a comprehensive plan under the Act, the comprehensive plan adopted by the Council shall not apply within the Second, Third, Fourth or Fifth Urban Services District, as appropriate.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1)

Note— Former § 622.104.

Sec. 650.105. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Applicant means any person, partnership, corporation, governmental agency or other legal entity having an ownership interest, whether legal or equitable, in a parcel of land in the City, or his authorized agent, who applies for a development order, comprehensive plan amendment or Vesting of Development Activities Determination (VODAD).

(b)

Commenced means that point in the evolution of a project when a reasonable expenditure of funds, when judged in relation to the intensity or type of development, by the developer can be demonstrated, or that point at which actual physical construction of the project begins in concert with the provision of necessary support infrastructure, when judged in relation to the intensity or type of development, whether such infrastructural improvements are off-site or on-site.

(c)

Commission means the Planning Commission.

(d)

Comprehensive plan means the 2030 Comprehensive Plan, as from time to time amended or modified pursuant to this Chapter.

(e)

Continuing in good faith means that which an applicant must show with relation to a particular development which has commenced, as defined in (b) of this Section, in order to be accorded a vested right to develop land in a particular manner contrary to the comprehensive plan and to obtain a Vesting of Development Activities Determination by the City which recognizes that vested right. For purposes of making this determination, the Director shall consider the following criteria:

(i)

A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development.

(ii)

A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursued on a regular and continuous basis which furthers the progress of the development.

(iii)

The criteria referenced in (i) and (ii) above shall not preclude a determination that development is continuing in good faith based upon facts and circumstances of a particular development.

(f)

Department means the Planning and Development Department.

(g)

Developer means any person, or his authorized agent, including a governmental agency, who undertakes the development of land as described in subsection (h) of this Section.

(h)

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of a structure or land, or the dividing of land into three or more parcels according to a plat of record. The following activities or uses shall be taken to involve development:

(1)

A reconstruction, alteration of the size of material change in the external appearance of a structure or land;

(2)

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure, or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land;

(3)

Alteration of a shore or bank of a river or stream, lake, pond, or canal, including any coastal construction defined in F.S. § 161.021;

(4)

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land;

(5)

Demolition of a structure;

(6)

Clearing of land as an adjunct of construction;

(7)

Deposit of refuse, solid or liquid waste, or fill on a parcel of land;

The following operations or uses shall not be taken to involve development as defined herein:

(1)

Work by a transportation or public works agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way;

(2)

Work by an utility and other persons engaged in the distribution or transmission of utilities, for the purpose of inspecting, repairing, maintaining, renewing, improving or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like;

(3)

Work involving the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure;

(4)

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to the enjoyment of the dwelling;

(5)

The use of any land for the purpose of growing plants, crops, trees, and other agricultural, or forestry products, raising livestock, or for other agricultural purposes;

(6)

A change in the ownership or form or ownership of any parcel or structure;

(7)

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land;

(i)

Development order means any order issued by the City granting, denying, or granting with conditions an application for approval of a development project or activity. The term development order encompasses the following:

(1)

Development permit means an official document issued by the City which authorizes land alteration or the commencement of construction without the need for any further applications or approvals. Development permits include: all types of construction permits, such as plumbing, electrical, foundation, mechanical, etc., in addition to the building permit itself, grading, site clearing, and demolition permits, septic tank permits, tree removal permits, and sign permits.

(2)

Preliminary development permit means an official document issued by the City which authorizes certain types of preliminary development which either would not have an impact on levels of service, or would occur at a state in the development process when the proposed project has not been precisely defined and where the density, intensity, and type or use of the ultimate development is not known.

(3)

Final development permit means an official document issued by the City which authorizes the commencement of construction which would be expected to have an impact on levels of service or would occur at a stage in the development process when the proposed project has been precisely defined and where the density, intensity, and type or use of the ultimate development is known.

(4)

Preliminary development order means a preliminary approval given by the City which does not authorize actual construction, alterations to land or structures, or other development. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual approvals where a series of approvals are required before authorization to commence land alteration or construction may be given by the City.

(5)

Final development order means a final approval given by the City for a development project which has been precisely defined in terms of the intensity and use of the project. The final development order authorizes the project, whereas the preliminary development order or permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, etc.

(j)

Director means the Director of Planning and Development.

(k)

Executive department means a department the head of which is appointed by the Mayor and confirmed by the Council and also includes:

(1)

A division, activity, office or other organizational subdivision of an executive department.

(2)

A board the members of which are appointed by the Council or by the Mayor and confirmed by the Council, which exercises regulatory or development authority that is affected or controlled by the comprehensive plan.

(l)

Future Land Use Map series (FLUMs) means the graphic aid intended to depict the spatial distribution of various uses of the land in the City by land use category, subject to the goals, objectives and policies of the comprehensive plan and applicable Land Development Regulations.

(m)

Land Development Regulations means Chapters 366, 652, 654, 655, and 656, Ordinance Code, and such amendments thereto as may be adopted from time to time, and any ordinance, which may be adopted to implement provisions of the comprehensive plan and, which ordinance is for the regulation of any aspect of development, including any subdivision, context sensitive, site planning, landscaping, tree protection, or sign regulation, or any other regulation controlling the development of land. This term shall include a general Zoning Code but shall not include a zoning map, an action which results in zoning or rezoning of land, or any building construction standard adopted pursuant to F.S. Ch. 553.

(n)

Large Scale Comprehensive Plan Amendment means any amendment to the Comprehensive Plan that does not qualify as a Small Scale Comprehensive Plan Amendment.

(o)

Local Planning Agency means the Planning Commission.

(p)

Lot of record means a lot, which is part of a subdivision, the plat of which has been recorded in the public records of Duval County, Florida, or any parcel of land described by metes and bounds, the description of which has been recorded in the public records of Duval County, Florida, provided such lot met the minimum lot requirements of the zoning district in which it was located at the time of recording and was recorded on or before September 21, 1990.

(q)

Plan element means one of the elements, required or optional, described in F.S. § 163.3177(3), (6) and F.S. § 163.3178, or such of them as are included in the comprehensive plan or are the subject of any amendment or modification.

(r)

Reviewing Agencies means the State Land Planning Agency, the Northeast Florida Regional Council, St. Johns Water River Water Management District, the Department of Environmental Protection, Department of State, Department of Transportation, for a Large Scale Comprehensive Plan Amendment relating to public schools, the Department of Education, for a Large Scale Comprehensive Plan Amendment affecting a military installation listed in F.S. § 163.3175, the commanding officer of the affected military installation, and when applicable, the Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services.

(s)

Small Scale Comprehensive Plan Amendment means any amendment to the FLUMs that involves a use of 50 acres or fewer, and any text changes to the Comprehensive Plan that relate directly to, and are adopted simultaneously with, a proposed Small Scale Comprehensive Plan Amendment.

(t)

State Land Planning Agency means the Florida Department of Economic Opportunity, Community Planning and Development, or its successor agency.

(u)

The Act means the Community Planning Act, F.S. Ch. 163, Pt. II, as amended.

(v)

Vesting of Development Activities Determination (VODAD) means the official document issued by the City which waives all comprehensive plan requirements for a final development permit or final development order issued prior to the effective date of the 2010 Comprehensive Plan for a development which commenced prior to such date, provided such development does not substantially deviate from the terms of the final development permit or development order, and further provided that such development continues in good faith toward completion.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 3; Ord. 91-1016-425, § 2; Ord. 2002-714-E, § 2; Ord. 2014-108-E, § 1; Ord. 2019-427-E, § 1; Ord. 2021-335-E, § 1; Ord. 2023-152-E, § 1)

Note— Former § 622.105.

Sec. 650.106. - Administration of Chapter.

Because of the nature of the comprehensive plan, no one agency of the Consolidated Government is assigned the sole administrative responsibility for this Chapter. Nevertheless, this Chapter imposes specific duties and responsibilities upon designated officials who and agencies which perform particular functions in the creation, execution and administration of the comprehensive plan, which must be fulfilled in order to make the comprehensive plan work. These assigned duties and responsibilities shall be performed and carried out in conformity with the legislative intent expressed in Section 650.103.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1)

Note— Former § 622.106.

Sec. 650.107. - Construction.

It is the intent of the Council that this Chapter shall be construed broadly to accomplish its stated purpose and objectives. In addition, this Chapter shall be construed in pari materia with the Act and shall be considered a local law in implementation of the Act.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 4; Ord. 2014-108-E, § 1)

Note— Former § 622.107.

Sec. 650.108. - Public notice and advertisement methods.

Any public notice or advertisement required in this Chapter to be published in a newspaper of general circulation is also permitted to be published via such other advertisement or notice method as permitted by law (e.g., publicly accessible website).

(Ord. 2023-187-E, § 12)

PART 2. - COMPREHENSIVE PLAN

Sec. 650.201. - Applicability of Part.

This Part applies to updates, amendments or modifications to the comprehensive plan. The same procedures apply in all instances and references in this Part to the comprehensive plan are also references to updates, amendments or modifications to the comprehensive plan, as they are prepared and reviewed.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 5; Ord. 2014-108-E, § 1)

Note— Former § 622.201.

Sec. 650.202. - Responsibility for the comprehensive plan.

The Department shall be responsible for assisting the Planning Commission with the preparation of updates, amendments and modifications to the comprehensive plan. The Department shall include in its annual legislative budget appropriations sufficient to allow it to fulfill its duties and responsibilities under this Chapter. The Planning Commission is hereby designated as the local planning agency for the purposes required under F.S. § 163.3174, and shall make the recommendation concerning the adoption of plan amendments to the Council.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 6; Ord. 2002-714-E, § 2; Ord. 2014-108-E, § 1)

Note— Former § 622.202.

Sec. 650.203. - Areas of jurisdiction of comprehensive plan.

As required by F.S. § 163.3171(1), the Council intends to exercise its authority under the Act for the entire General Services District not included within the Second, Third, Fourth and Fifth Urban Services Districts.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 7)

Note— Former § 622.203.

Sec. 650.204. - Administration; procedures to be followed by Department.

It shall be the responsibility of the Department to enforce and implement and maintain the official version of the comprehensive plan. The Director shall have the duty and authority to interpret the provisions of the comprehensive plan and this Chapter and to promulgate any rules, regulations and procedures found necessary for the implementation of the comprehensive plan and this Chapter. Where it is alleged there is an error in an order, requirement, decision or determination made by the Director in the interpretation of or enforcement of the comprehensive plan and this Chapter, an appeal may be made to the Council. Any final vested rights determination rendered by the Director or the Council, as the case may be, pursuant to the provisions of this Chapter shall be a development order or development permit subject to challenge under F.S. § 163.3215.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 8; Ord. 91-1016-425, § 3; Ord. 2014-108-E, § 1)

Note— Former § 622.204.

Sec. 650.205. - Support documents and graphic representations.

(a)

Support documents. All background data, studies, surveys, economic assumptions, analysis and inventory maps which are utilized in the formulation of the comprehensive plan, but are not adopted as part of the plan, shall be compiled by the Department into support document(s). These document(s) shall be maintained as official public record and shall be available to the public for inspection.

(b)

Applicability of graphic portions of comprehensive plan. Maps, charts and similar graphic portions of the comprehensive plan are intended to be representations in graphic form of the written text of the comprehensive plan and, as such, are general guidelines.

(Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 12; Ord. 91-1016-425, § 5; Ord. 2014-108-E, § 1)

Editor's note— Ord. 2014-108-E, § 1, amended the Code by repealing former §§ 650.205—650.207, and renumbering former § 650.208 as a new § 650.205. Former § 650.205 pertained to public hearings and public participation, and derived from Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 9; Ord. 91-1016-425, § 4; and Ord. 2002-714-E, § 2. Former § 650.206 pertained to council action on proposed comprehensive plan, and derived from Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 10; and Ord. 2002-714-E, § 2. Former § 650.207 pertained to support documents and supplementary materials, and derived from Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; and Ord. 89-200-103, § 11.

PART 3. - EVALUATION AND APPRAISAL REVIEW[2]

Footnotes: --- (2) ---

Editor's note— Section 14 of Ord. 89-200-103 repealed former Part 3, §§ 650.301—650.305, and enacted, in lieu thereof, a new Part 3, §§ 650.301, 650.302, as herein set forth. The repealed provisions pertained to evaluation, review, amendments and modifications and derived from § 1 of Ord. 80-354-351 and § 1 of Ord. 83-591-400. Subsequently, the title of Part 3 was amended by Ord. 2014-108-E, § 1.

Sec. 650.301. - Necessity, frequency and preparation procedures.

(a)

The planning program shall be a continuous and ongoing process. The City shall complete an evaluation and appraisal review once every seven years to determine if plan amendments are necessary to reflect changes in State requirements and local conditions since the last update of the comprehensive plan. Furthermore, it is the intent of this Section that:

(1)

Adopted comprehensive plans shall be reviewed through such evaluation process to respond to changes in State and local policies on planning and growth management and changing conditions and trends, to ensure effective intergovernmental coordination, and to identify major issues regarding the community's achievement of its goals.

(2)

If after completion of the review it is determined that amendments are necessary to comply with State requirements, the Department shall notify the State land planning agency of the necessary changes. Within one (1) year after notification is provided to the State land planning agency, the amendments shall be prepared and transmitted for review pursuant to F.S § 163.3184(4).

(3)

If after completion of the review it is determined that updates are needed to reflect changes in local conditions or State requirements, plan amendments will be transmitted and reviewed pursuant to F.S. § 163.3184(4). The review is not intended to require a comprehensive rewrite of the elements within the plan, unless the City chooses to do so.

(b)

The review shall present an evaluation and assessment of the comprehensive plan and shall contain appropriate statements to update the comprehensive plan, including, but not limited to, words, maps, illustrations, or other media, related to:

(1)

Population growth and changes in land area, including annexation, since the adoption of the original plan or the most recent update amendments.

(2)

The extent of vacant and developable land.

(3)

The financial feasibility of implementing the comprehensive plan and of providing needed infrastructure to achieve and maintain adopted level-of-service standards and sustain mobility and concurrency management systems through the capital improvements element, as well as the ability to address infrastructure backlogs and meet the demands of growth on public services and facilities.

(4)

The location of existing development in relation to the location of development as anticipated in the plan, such as within areas designated for urban growth.

(5)

An identification of the major issues for the City and, where pertinent, the potential social, economic, and environmental impacts.

(6)

Relevant changes to the State requirements.

(7)

An assessment of whether the plan objectives within each element, as they relate to major issues, have been achieved. The review shall include, as appropriate, identification as to whether unforeseen or unanticipated changes in circumstances have resulted in problems or opportunities with respect to major issues identified in each element and the social, economic, and environmental impacts of the issue.

(8)

A brief assessment of successes and shortcomings related to each element of the plan.

(9)

The identification of any actions or corrective measures, including whether plan amendments are anticipated to address the major issues identified and analyzed in the review. Such identification shall include, as appropriate, new population projections, new revised planning timeframes, a revised future conditions map or map series, an updated capital improvements element, and any new and revised goals, objectives, and policies for major issues identified within each element. This paragraph shall not require the submittal of the plan amendments with the evaluation and appraisal review.

(10)

A summary of the public participation program and activities undertaken by the local government in preparing the review.

(11)

There shall be a coordination of the comprehensive plan with existing public schools. The assessment shall address, where relevant, the success or failure of the coordination of the future land use map and associated planned residential development with public schools and their capacities, as well as the joint decision-making processes engaged in by the City and the School Board in regard to establishing appropriate population projections and the planning and siting of public school facilities. If the issues are not relevant, the City shall demonstrate that they are not relevant.

(12)

An assessment that all elements included in the Comprehensive Plan are consistent with each other. Where data are relevant to several elements, the same data shall be used, including population estimates and projections.

(Ord. 89-200-103, § 14; Ord. 91-1016-425, § 7; Ord. 2014-108-E, § 1)

PART 4. - AMENDMENTS TO THE COMPREHENSIVE PLAN

Sec. 650.401. - General; Public participation.

Unless another procedure is authorized by State law, all amendments to the comprehensive plan shall be made only as provided in this Part.

It is the intent of the Council that the public participate in the comprehensive plan amendment process to the fullest extent possible. The impact of the comprehensive plan and amendments thereto upon the City and its inhabitants requires that they be given every opportunity to participate in the process leading to the adoption of amendments to the comprehensive plan in an effective manner and that real property owners in the City be given public notice of official actions which will regulate the use of their property. The procedures specified in this Section are prescribed in order to obtain this public participation. The provisions of this Section are the minimum requirements towards this end and do not preclude additional public hearings and other activities for public participation; provided, that the mailing of individual notices to persons owning real property within the area covered by the comprehensive plan or portion thereof shall not be done unless specifically required by this Section.

(Ord. 91-1016-425, § 8; Ord. 92-513-515, § 1; Ord. 2002-714-E, § 2; Ord. 2010-216-E, § 9; Ord. 2014-108-E, § 1)

Sec. 650.402. - Initiation of proposal.

A proposal to amend the comprehensive plan may be initiated only upon the filing of an application for a comprehensive plan amendment with the Department in accordance with the procedures prescribed by the Department.

(a)

Proposed amendments to the text of the comprehensive plan may be initiated only by:

(1)

The Department;

(2)

The Planning Commission, acting as the Local Planning Agency;

(3)

The Mayor;

(4)

An independent agency of the City; or

(5)

A member of the City Council or a standing committee of Council.

(b)

A proposal to amend the Future Land Use Map series (FLUMs) of the comprehensive plan may be initiated only by:

(1)

The owner(s) of the land or authorized agent for such owner(s);

(2)

The Department;

(3)

The Planning Commission, acting as the Local Planning Agency;

(4)

The Mayor;

(5)

An independent agency of the City; or

(6)

A member of the City Council or a standing committee of Council.

(c)

When the existing zoning will be inconsistent with the proposed FLUM land use category as initiated by an owner of land or his authorized agent, then a rezoning application must be filed not later than 120 days from the effective date of the plan amendment. In the case of an application for a Small Scale Comprehensive Plan Amendment where the existing zoning will be inconsistent with the proposed FLUM land use category, a rezoning application shall be filed concurrently with the application for a proposed Small Scale Comprehensive Plan Amendment. Rezonings that require an amendment to the comprehensive plan shall not become effective until the effective date of the plan amendment.

(Ord. 91-1016-425, § 8; Ord. 94-1011-568, § 1; Ord. 95-995-575, § 1; Ord. 2002-714-E, § 2; Ord. 2014-108-E, § 1)

Sec. 650.403. - Withdrawal or amendment of application.

An application may be amended or withdrawn by the applicant at any time prior to a deadline as established by the Department to occur before the filing of legislation concerning the application with a refund of 50 percent of the base application filing fee which has been paid, less the cost of any newspaper advertising or mailing notification incurred by the City. No application may be amended or withdrawn by the applicant once the application is pending before the City Council, and thereafter may be amended or withdrawn only by the City Council.

(Ord. 91-1016-425, § 8; Ord. 2002-714-E, § 2; Ord. 2010-216-E, § 9; Ord. 2014-108-E, § 1)

Sec. 650.404. - Planning and Development Department review.

(a)

Completeness review. The Department shall complete a review of the application for completeness of all the information required, including appropriate attachments and filing fees, prior to the filing deadlines established by the Department. Incomplete applications shall be returned to the applicant in accordance with Department procedures.

(b)

Citizen informational meeting. Prior to preparing the written report and recommendation, the Department shall hold an informational meeting for interested citizens. The time and place of this citizen informational meeting shall be included in the mailed notices sent, pursuant to Section 650.407, Ordinance Code, and a copy of same shall be transmitted to the applicable District Council Member. The notices shall be mailed a minimum of seven days prior to the date of the citizen informational meeting. The Department shall establish the citizen informational meeting procedures for providing information to the public and receiving comments from the public concerning the application, and such meetings shall be held by the Department as often as required to accommodate the land use amendment applications filed for each legislative filing cycle. No citizen informational meeting shall be conducted during any Council breaks or holidays.

(c)

Department review report. The Department shall review each application for a comprehensive plan amendment, which has been determined to be complete, and prepare a written report and advisory recommendation in accordance with the schedule adopted by the Department.

(d)

Criteria for Department review. In its review of requests for comprehensive plan amendment(s) and the preparation of the written report and advisory recommendation, the Department shall consider the following:

(1)

The relationship of the data and information in the application to the social, economic, physical, environmental, historic and archaeological resources of the City and the projections of future growth, including an analysis of the impact of the proposed change on the amount of land required to accommodate anticipated growth and projected population;

(2)

The impact of the proposed amendment(s) on the public facilities and services and the Capital Improvements Element (CIE) of the comprehensive plan;

(3)

The relationship of the proposed amendment(s) to the applicable goals, objectives, policies, criteria and standards, including level of service standards, adopted in the comprehensive plan;

(4)

The relationship of the proposed amendment(s) to the existing and future land uses depicted on the FLUMs;

(5)

Other professional planning principles, standards, information and more detailed plans and studies considered relevant; and

(6)

Written comments, evidence and testimony of the public.

(Ord. 91-1016-425, § 8; Ord. 2002-714-E, § 2; Ord. No. 2005-102-E, § 1; Ord. 2014-108-E, § 1)

Sec. 650.405. - Planning Commission advisory recommendation and public hearing.

(a)

Planning Commission advisory recommendation. The Commission shall be responsible for making an advisory recommendation to the Council with respect to each application to amend the comprehensive plan. The recommendation shall be made to the Council and shall become a part of the official legislative record of the application and the committee(s) of reference shall not report the application to the Council until the recommendation has been received, except as provided in this subsection. Unless a longer time is mutually agreed upon by the Council, the Commission and the Department in the particular case, or the Commission does not submit a recommendation to the appropriate committee of Council due to a delay described in (b)(6) below, the Commission and the Department shall submit their respective reports and recommendations to the Council in not more than 63 days from the date an application to amend the comprehensive plan is introduced into City Council. If the Commission or the Department fails to submit its report and recommendation to the Council within the above prescribed time, such failure shall be deemed to be a procedural recommendation for denial of the application to amend the comprehensive plan and the Council may proceed to act on the application to amend the comprehensive plan. In such case, the appropriate committee of Council shall serve as the Local Planning Agency. The reports and recommendations of the Commission and the Department shall be advisory only and shall not be construed to be binding upon the Council.

(b)

Planning Commission public hearing. The Planning Commission, acting as the Local Planning Agency, shall hold at least one public hearing, advertised pursuant to Section 650.407 below, on the proposed comprehensive plan amendment, pursuant to the following procedures:

(1)

The hearing shall be held on a weekday at a public place within the City that is large enough to hold a reasonable number of the public.

(2)

Proof of publication shall be obtained and made a part of the record of the hearing. Failure to obtain proof of publication shall not invalidate the hearing.

(3)

The Planning Commission shall prescribe the procedure by which the hearing is to be held, which procedure shall allow the members of the public present who wish to speak to do so. Staff will be available to answer questions from the public. The provisions herein are the minimum requirements for the conduct of the public hearing and the Planning Commission is authorized to prescribe additional procedures.

(4)

At the conclusion of the hearing, the Department shall prepare a written summary of the proceedings as part of the record of the hearing, which summary shall be available for public inspection in the offices of the Department.

(5)

Upon completion of the hearing, the Planning Commission shall consider the written report and advisory recommendation of the Department, written comments, evidence and testimony submitted or presented by members of the public at or in connection with the public hearing; the Planning Commission acting as the Local Planning Agency, shall then transmit the application(s) for comprehensive plan amendment(s) to the Council with its final recommendations.

(6)

If the applicant has not submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit required per Section 650.407(c)(3), the Department shall notify the Planning Commission, which shall delay the hearing. The Planning Commission shall not approve or deny any comprehensive plan amendment unless the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit in accordance with the requirements set forth in Section 650.407(c)(3). If the Commission does not submit a recommendation to the appropriate committee of Council due to a delay caused by the applicant's failure to post and document the posting of signs, the appropriate committee of Council shall delay the hearing on the application to amend the comprehensive plan until the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit and the Planning Commission has submitted a recommendation.

(Ord. 91-1016-425, § 8; Ord. 2002-714-E, § 2; Ord. 2009-548-E, § 1; Ord. 2014-108-E, § 1; Ord. 2020-729-E, § 2)

Sec. 650.406. - Council and Council committee action and public hearings on proposed amendment(s).

After the Planning Commission has transmitted the applications and its final recommendations on the proposed comprehensive plan amendment(s) to the Council, the Council and Council committee of reference shall review the amendments and conduct public hearings as set forth in Section 650.407 below.

(a)

Large Scale Comprehensive Plan Amendments.

(1)

Transmittal hearings. The City Council shall conduct two public hearings and the Council committee of reference shall conduct one public hearing prior to the transmittal of a Large Scale Comprehensive Plan Amendment.

(2)

Transmittal for intergovernmental review. If the Council approves for transmittal the Large Scale Land Use Amendment ordinance and the Mayor does not veto the Large Scale Land Use Amendment ordinance, the Director shall transmit, within ten working days of the effective date of the Large Scale Land Use Amendment ordinance, the Large Scale Comprehensive Plan Amendment to the Reviewing Agencies pursuant to F.S. § 163.3184.

(3)

Adoption hearings. Within 180 days of the receipt of comments from the Reviewing Agencies, the City Council shall conduct two public hearings and the Council committee of reference shall conduct one public hearing concerning the Large Scale Comprehensive Plan Amendment in accordance with the notice provisions set forth in Section 650.407.

(4)

Adoption. The Council may adopt, or adopt with changes, or reject any proposed Large Scale Comprehensive Plan Amendment.

(5)

Transmittal to the Reviewing Agencies. If the Council approves or approves the Large Scale Comprehensive Plan Amendment with changes, and the Mayor does not veto the Large Scale Land Use Amendment ordinance, the Director shall transmit the Large Scale Land Use Amendment ordinance, within ten working days of the effective date of the Large Scale Land Use Amendment ordinance, to the State Land Planning Agency and any Reviewing Agency that provided comments pursuant to F.S. § 163.3184.

(b)

Small Scale Comprehensive Plan Amendments.

(1)

Public hearings. The City Council shall conduct two public hearings and the Council committee of reference shall conduct one public hearing on any Small Scale Comprehensive Plan Amendment.

(2)

Adoption. The Council may adopt, or adopt with changes, or reject any proposed Small Scale Comprehensive Plan Amendment.

(Ord. 91-1016-425, § 8; Ord. 2002-714-E, § 2; Ord. 2014-108-E, § 1)

Sec. 650.407. - Notice requirements for proposed amendments to FLUMs.

(a)

Public hearing advertisement requirement. The public hearings conducted by the Planning Commission, the Council committee of reference and the City Council shall be in a form prescribed by the Council and shall at a minimum state the date, time, place and the subject of the meeting, and the place(s) in the City where the proposed comprehensive plan amendment(s) and the report(s) may be inspected by the public. The advertisement shall also advise that interested parties may appear and be heard at the meeting regarding the transmittal of the proposed comprehensive plan amendment(s) to the State Land Planning Agency.

(b)

Public hearing advertisement form. The public hearing advertisement shall be substantially in the following form:

NOTICE OF PUBLIC HEARINGS ON PROPOSED AMENDMENT(S) TO THE COMPREHENSIVE PLAN

The Planning Department has received application(s) to amend the comprehensive plan as follows: (list proposed amendments). Further information and preliminary recommendations concerning these proposed comprehensive plan amendments are available for inspection and review at (place) during regular business hours and online at (website).

A public hearing on proposed amendments to the comprehensive plan will be held by the Planning Commission, Land Use and Zoning Committee of the City Council and the City Council on (dates and times) at (places). Persons interested in commenting on the proposed amendments may appear and shall be given an opportunity to speak at the hearings.

(c)

Public hearing notice for changes to the actual list of permitted, conditional or prohibited uses within a future land use category or changes in the actual future land use map designation of a parcel or parcels of land. Proposed comprehensive plan amendment changes to the actual list of permitted, conditional or prohibited uses within a future land use category or changes in the actual future land use map designation of a parcel or parcels of land, shall be adopted in compliance with the notice and hearing requirements of F.S. § 163.3184(11) and 163.3187(2) and shall, for changes to the actual future land use map designation of a parcel or parcels of land also comply with the following requirements:

(1)

Notice of a time and place of the public hearing which are required to be held by the City with respect to the comprehensive plan amendment shall be prepared by the Department to include the information listed below and shall be copied and mailed by the Department at least 14 days in advance of the Planning Commission public hearing to all owners of real property within 350 feet of the boundaries of the land upon which the amendment is requested and to the applicable CPAC and to all registered neighborhood organizations qualified to receive notices of rezonings under Section 656.124(f) of the Zoning Code; provided, that, where the applicant is the owner of land not included in the application and the unincluded land is part of or adjoins the parcel upon which the request is made, the Director may, in his discretion, require mailed notice to be given to the owners of adjacent property. For the purpose of notice requirements to adjacent owners, the names and addresses of the owners shall be deemed to be those on the current tax records in the office of the Property Appraiser at the time the application is filed, provided, however, that where such notice is determined by the Director to be insufficient to ensure actual notice to a majority of adjacent owners, he may require mailed notice to be given to the actual owners, as indicated by a current title search of the public records. Mailed notices received by adjacent owners and qualified registered neighborhood organizations as specified hereinabove should contain the following information:

(a)

Application number and date of filing;

(b)

Location and total area of property;

(c)

Current and proposed land use classifications;

(d)

A statement in substantial compliance with the following form:

(i)

Copies of the application and Department reports are maintained by the Department and the City Council Division of Legislative Services and are open to public inspection; and

(ii)

All interested persons wishing to submit testimony, written comments or other evidence in this matter should submit same to the City Council Division of Legislative Services and/or appear at the public hearing;

(e)

Instructions for obtaining further information concerning the application, including the Department phone number and website address;

(f)

Name, address and telephone number of applicant or applicant's agent;

(g)

The date upon which the staff report and recommendation on the application is expected or scheduled to be issued, together with a statement that such date is preliminary and subject to change due to the Department's need for additional information necessary to finalize the report, deferrals by the Council or for other reasons beyond the Department's control;

(h)

A statement advising that citizen input may be submitted to the Department prior to the formulation of the staff report and recommendation and the time and place of the citizen informational meeting to be held to allow for same, and that additional opportunities for citizen input are available at the public hearings and such input is encouraged by the City;

(i)

A statement advising that large signs are required to be posted and maintained at intervals of approximately 200 feet along all street sides of land in full view of the public or, if there is no frontage on a public street, on the nearest street right-of-way with a notation indicating the direction and distance to the land upon which an application has been filed, within 15 working days after an application has been determined complete by the Department and further advising that, if such signs are not posted, citizens are requested to notify the Department concerning the lack of signs.

The intent of these increased notice requirements is to provide adjacent owners, CPACS and registered neighborhood organizations with the basic necessary information to make an informed decision concerning their position on the application and, if additional information is required, to provide guidance on how to obtain that information. Recognizing that mistakes may occur in the process of copying these notices or the additional information to be included in the notice package, it is the specific intent of this Section that the failure of an owner or registered neighborhood organization required by this Section to be notified by mail to receive the notice, or the failure to receive a complete and accurate notice, shall not invalidate or otherwise have any effect upon a public hearing or action taken by the Council on the comprehensive plan amendment.

(2)

The Department shall maintain in a readily available format on the Department website the information contained in (1)(a)—(i) above and the following information:

(a)

Copies of the plan category descriptions contained in the comprehensive plan for the current and proposed land use classifications;

(b)

All zoning districts available under both the current and proposed land use classifications, including a brief explanation of a PUD zoning district;

(c)

Information concerning the criteria upon which a FLUM amendment is evaluated and upon which the Council's decision to amend the FLUM is required to be based;

(d)

A statement advising that FLUM amendments are legislative decisions and an explanation of the difference between a legislative decision and a quasi-judicial decision;

(e)

An explanation concerning the burden of proof and the type of testimony that is allowable, relevant and legally sufficient to support a FLUM amendment decision.

(3)

The applicant for a proposed amendment to the FLUMs shall post and maintain signs at intervals of not more than 200 feet along all street sides of land upon which an application for comprehensive plan amendment is made. The signs shall be in the form required by the Council and shall be posted in full view of the public. Where the land does not have frontage on a public street, the signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land for which the comprehensive plan amendment is sought, or at such other locations and at such intervals, as determined by the Director, as will ensure that the signs will be seen by as many persons as possible. Within ten working days after the applicant has been notified that the application for comprehensive plan amendment has been determined to be complete by the Department, the applicant shall provide the Department with a picture of each posted sign and a notarized affidavit approved by the Department in which the applicant acknowledges that the signs have been posted in conformance with this Section. The signs shall be maintained by the applicant for the comprehensive plan amendment for the entire duration of the amendment process. The signs shall be inspected by the Department subsequent to posting, at least once, a reasonable period of time prior to the advertised public hearing, but not less than 14 days prior to the public meeting at the Planning Commission. If such inspection reveals that the sign(s) herein required have not been properly maintained, the Department shall inform the applicant and the applicant shall have three working days to repost the signs and provide the Department with a picture of each posted sign and a notarized affidavit approved by the Department in which the applicant acknowledges that the signs have been reposted in conformance with this Section. The failure of the Department to make such inspections or of the sign to remain in place, as required herein, shall not invalidate or otherwise have any effect upon a public hearing or action taken by the Council on an application for comprehensive plan amendment. The sign shall be removed by the applicant within ten days after final action by the Council on the application for comprehensive plan amendment.

(4)

If the applicant has not submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit required per Section 650.407(c)(3), the Department shall notify the Council committee of reference, which shall delay the hearing. The Council committee of reference shall not approve or deny any comprehensive plan amendment unless the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit in accordance with the requirements set forth in Section 650.407(c)(3).

(5)

Proof of publication shall be obtained and made a part of the record of the hearing. In those instances where the applicant is solely responsible for the publication of such an advertisement, proof of publication shall be provided by the applicant prior to the public hearings.

(Ord. 91-1016-425, § 8; Ord. 98-775-E, § 1; Ord. 2000-445-E, § 1; Ord. 2009-548-E, § 1; Ord. 2014-108-E, § 1)

Secs. 650.408, 650.409. - Reserved.

Editor's note— Ord. 2014-108-E, § 1, amended the Code by repealing former § 650.408 in its entirety. Former § 650.408 pertained to public hearings by Council committee, and derived from Ord. 91-1016-425, § 8; Ord. 2009-548-E, § 1. The provisions of former § 650.409, relative to council initiation of FLUM amendment, were deleted as part of the Super Supplement to the Code. Former § 650.409 derived from Ord. 91-1016-425, § 8.

Sec. 650.410. - Exceptions to comprehensive plan amendment procedures.

The procedural requirements of this Part shall not apply:

(a)

In the event a court of competent jurisdiction specifically enjoins the City from enforcing a comprehensive plan amendment which is the subject matter of litigation before the same, the procedural requirements of this Chapter for amending the comprehensive plan shall not apply. A certified copy of the final court order shall be transmitted to the Director after the time for an appeal has expired and the Director shall enter the comprehensive plan change in the appropriate element.

(Ord. 91-1016-425, § 8; Ord. 2014-108-E, § 1)

Sec. 650.411. - Copies of comprehensive plan amendment ordinances to be provided to Property Appraiser.

The Council Secretary shall, after the effective date of an amendment to the FLUMS of the comprehensive plan promptly provide a certified copy to the Property Appraiser.

(Ord. 91-1016-425, § 8; Ord. 2014-108-E, § 1)

Sec. 650.412. - Time periods procedural.

Except for the time periods mandated by statute, the time periods provided for in Part 4 are procedural and not substantive, and noncompliance with a time period shall neither confer nor deny a substantive right to an applicant for a comprehensive plan amendment.

(Ord. 91-1016-425, § 8)

Sec. 650.413. - Schedule of fees.

The following schedule of fees for comprehensive plan amendments shall apply. A receipt from the Tax Collector showing payment of the applicable fee shall accompany an application prior to consideration thereof. The fees shall not include the cost of notification, which cost shall be for each notification and signage posting which shall be the actual costs of producing the signs and shall be paid to the City prior to the deadline established by the Department. The fees contained within this Section are subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code. The fees listed above and below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

(a)

Large Scale Comprehensive Plan Amendments:

Base Application filing fee for a Large Scale Comprehensive Plan Amendment to the FLUMs

Plus Acreage filing fee acre, or part thereof up to a maximum for the combined base and acreage filing fees.

(b)

Small Scale Comprehensive Plan Amendments:

Base Application filing fee for a Small Scale Comprehensive Plan Amendment to the FLUMs

Plus acreage filing fee per acre, or part thereof.

(c)

Application for a comprehensive plan amendment directly related to a DRI or FQD:

Base Application filing fee

Plus Acreage filing fee per acre, or part thereof, for every acre over five acres, for a maximum fee for the combined base and acreage filing fees.

(d)

For each Comprehensive Plan Amendment (either Small Scale or Large Scale), that is not processed as a part of the Department's regularly scheduled series, there shall be an additional publication and/or advertisement fee in the amount of the actual cost of publication and/or advertisement as required pursuant to Florida Statutes, including but not limited to F.S. §§ 163.3184(11), 163.3187(2), and 166.041.

(e)

Application for a new Notice of Proposed Change to an Existing Development of Regional Impact.

(f)

Amendments to Developments of Regional Impact (DRIs).

(Ord. 91-1016-425, § 8; Ord. 2004-1003-E, § 8; Ord. 2007-813-E, § 10.11; Ord. 2010-216-E, § 9; Ord. 2014-4-E, § 1; Ord. 2016-427-E, § 1; Ord. 2017-665-E, § 27)

Sec. 650.414. - Maintenance of the comprehensive plan FLUMs and correction process for bona fide errors.

As amendments are made to the FLUMs, the Council Secretary shall provide the Department with a certified copy of each ordinance which enacts a comprehensive plan amendment within ten days of the effective date thereof. The Council Secretary shall also maintain a log of these ordinances with a brief description of the change and the applicable map. Upon the receipt from the Council Secretary of a certified copy of an ordinance amending the comprehensive plan, the Department shall revise copies of the FLUMs kept on public display, once amendments to the FLUMS become effective, to reflect the change. The Department shall also incorporate the amendment into the appropriate element of the comprehensive plan, if applicable. From time to time, as amending the comprehensive plan results in significant changes to a particular map of the FLUMs, the Director shall forward a revised copy of the individual map to the Council Secretary.

It is the intent of this Chapter that the FLUMs adopted pursuant to this Section shall accurately reflect the location of boundaries of future land use categories of all lands in effect on the date of their respective adoption.

(a)

Division of lot of record. Where a land use category boundary divides a lot of record at the time the boundary was established and where the division makes impractical the reasonable use of the lot, the extension of the regulations for either portion of the lot may be permitted by the Director into the remaining portion of the lot.

(b)

Bona fide error. Notwithstanding any changes resulting from corrections to the Cadastral maps as periodically made by the Property Appraiser, whenever the Director discovers that, through a bona fide error in the reproduction process, the FLUMs revised map therein does not agree with the latest adopted ordinance related thereto, he shall notify the affected District Council member, each at-large Council member and the Chairman of the appropriate committee of Council of the bona fide error. Upon notification, the Department shall post signs concerning the proposed correction consistent with the posting requirements set forth in Section 650.407(b).

(1)

Any adversely affected person may appeal the decision by filing a notice of appeal with the Legislative Services Division within 14 calendar days after the posting of the signs. There shall be no filing fee. Within five days of the filing of a notice of appeal, the Legislative Services Division shall notify the Council President, the Chairman of the appropriate committee of Council, the affected district Council member and the Director of the filing of the notice of appeal and shall request the Office of General Counsel to prepare a resolution concerning the appeal to be introduced by the appropriate committee of Council.

(2)

Upon a determination by the Office of General Counsel that the notice of appeal is sufficient, timely filed and that the appellant has standing to file the appeal, the resolution shall be filed with the Legislative Services Division and the Chairman of the appropriate committee of Council shall schedule a public hearing concerning the appeal. The Legislative Services Division shall notify the appellant and the property owner of the public hearing. The written notices shall be mailed at least 14 days prior to the date of the scheduled public hearing. The sole issue to be determined by the appropriate committee of Council is whether the Director's decision that there is a bona fide error is "clearly erroneous," as defined under Florida law. If the Office of General Counsel determines that the notice of appeal is not sufficient, timely filed, or that the appellant does not have standing to file the appeal, the attorney shall prepare a written recommendation concerning the deficiencies for consideration by the committee of reference. After the appropriate committee of Council makes a determination concerning the deficiencies, the Office of General Counsel shall notify the appellant in writing of the deficiencies. No further action shall be taken until the appellant remedies the deficiencies and the appropriate committee of Council thereafter determines the notice of appeal to be complete. The deficiencies must be remedied within 14 calendar days or the resolution is subject to withdrawal by the Council at any time thereafter.

(3)

If no appeal is requested, within 15 calendar days after the posting of the signs, the bona fide error shall be deemed effective and the corrected map shall be substituted in the official FLUMs by the Director or his designee. If appealed, the corrected map shall not be substituted in the official FLUMs by the Director or his designee unless approved by the Council. In the event the Council denies the request, such denial does not affect the rights of anyone to seek an amendment to the FLUMs of the comprehensive plan for the subject property through the process set forth in Section 650.402 of this Part.

(Ord. 91-1016-425, § 8; Ord. 2009-429-E, § 1; Ord. 2014-108-E, § 1)

Sec. 650.415. - Changes to the adopted comprehensive plan.

As amendments to the comprehensive plan are adopted, the Council Secretary shall provide the Department with a certified copy of each ordinance which enacts the comprehensive plan amendment within ten days of the effective date thereof. The Council Secretary shall also maintain a log of these ordinances with a brief description of the change(s). Upon receipt from the Council Secretary of a certified copy of an ordinance amending the comprehensive plan, the Department shall, after the amendment becomes effective, promptly incorporate the amendment in the appropriate element of the comprehensive plan.

(Ord. 91-1016-425, § 8; Ord. 2014-108-E, § 1)

Sec. 650.416. - Other changes prohibited.

A change in the comprehensive plan shall be made in conformity with the procedures set out in this Chapter. Any other change shall be considered a violation of this Chapter.

(Ord. 91-1016-425, § 8)

Sec. 650.417. - Final authority as to land use classification status.

The final authority as to the current land use category of land and water area within the City shall be the FLUMs, as amended from time to time by ordinance and maintained by the Department; provided, however, that the actual map approved as part of the ordinance amending the comprehensive plan map shall take precedence over a map of the FLUMs which has been drawn in error so as not to agree with the approved map.

(Ord. 91-1016-425, § 8; Ord. 2014-108-E, § 1)

Sec. 650.418. - Retention of earlier Future Land Use Map series.

All maps or remaining portions thereof which have had the force and effect as the official FLUMs for the City shall be retained as a public record. The Council Secretary and the Director shall have the authority to prepare and maintain microfilm, photographic or computer imaged copies thereof in lieu of the original records.

(Ord. 91-1016-425, § 8)

PART 5. - VESTED DEVELOPMENT RIGHTS

Sec. 650.501. - Intent.

The Council recognizes that the comprehensive plan is intended to guide the City's growth and development into the next century, and that uses of land and characteristics of development which were permitted prior to the adoption of the comprehensive plan and the land development regulations may be prohibited or restricted as of the effective date of the plan and the regulations. The Council further recognizes that the implementation of the comprehensive plan and the Land Development Regulations may, in certain instances wherein development has commenced or is under way, result in numerous and severe hardships, both economic and otherwise, not only to owners and developers of property, but to all those associated with the development community, including real estate agents, brokers, mortgagees and lending institutions, planners, architects, engineers, building contractors, sub-contractors and suppliers. It is therefore the intent of the Council in implementing the comprehensive plan and the Land Development Regulations required pursuant thereto to:

(i)

Allow development to continue in those instances wherein development has commenced or is under way or commitments have been made by the City which bind it to approved development orders, regardless of whether or not the development is inconsistent with the comprehensive plan and the Land Development Regulations;

(ii)

To recognize validly existing vested rights; and

(iii)

To ensure that all property owners have a reasonable, beneficial and economic use of their property, and that no property is taken by the implementation, interpretation or enforcement of the comprehensive plan and the Land Development Regulations without just compensation.

(Ord. 91-1016-425, § 9)

Sec. 650.502. - Vested development rights for projects under development.

(a)

Development pursuant to a final development order or final development permit wherein development has commenced and is continuing in good faith. The provisions of the comprehensive plan and the Land Development Regulations implementing the comprehensive plan shall not affect the validity of any lawfully issued and effective final development orders or final development permits issued prior to the effective date of the comprehensive plan, or amendment thereto, provided that development which occurs pursuant to such final development order or final development permit has commenced and is continuing in good faith towards completion in compliance with all applicable laws, rules and regulations in existence prior to the effective date of the comprehensive plan, or amendment thereto. An applicant's right to complete development of a particular type, use, density or intensity is vested for purposes of consistency with the comprehensive plan and the land development regulations if he has received, prior to the effective date of the comprehensive plan, or amendment thereto, one of the following:

(1)

A valid and effective building permit, or any other type of construction permit, including any renewals thereof which are permissible under Chapter 320, Ordinance Code;

(2)

Approval of Final Constructions Plans for Required Improvements under Chapter 654, Ordinance Code; or

(3)

Approval of final construction and/or engineering plans, provided such plans specifically indicate the density or intensity and use of the ultimate development proposed to be built according to such approved plans.

For purposes of this Section, it is determined that development has commenced and is continuing in good faith upon the issuance of the permits or approvals hereinabove specified.

(b)

VODAD. An applicant's right to complete development of a particular type, use, density or intensity is vested for purposes of consistency with the comprehensive plan if he has received a Vesting of Development Activities Determination (VODAD) pursuant to the procedures set forth in this Chapter.

(c)

DRI or FQD. An applicant's right to complete a development which has been authorized or vested as a Development of Regional Impact (DRI) or a Florida Quality Development (FQD) pursuant to F.S. § 380.06, prior to the effective date of the comprehensive plan is vested for purposes of consistency with the comprehensive plan, unless the development order authorizing such development contains provisions wherein the development is required to meet local zoning, subdivision or growth management laws adopted subsequent to the approval of such development order. The applicant, in the case of a DRI or FQD which has been authorized prior to the effective date of the comprehensive plan, shall be required to comply with the procedures set forth in Chapter 650, Part V in order to obtain a VODAD, but shall not be required to pay an application fee, which would otherwise be charged for filing an application for a VODAD.

(Ord. 91-1016-425, § 9; Ord. 93-505-228, § 1)

Sec. 650.503. - Common law vested rights.

(a)

Criteria for determination of common law vested rights. Nothing in this Part shall be construed to abrogate validly existing vested rights. Accordingly, an applicant's right to complete development of a particular type, use, density or intensity is vested for purposes of consistency with the comprehensive plan if the applicant can demonstrate, by substantial competent evidence, to the satisfaction of the Director, that such applicant:

(1)

Has acted in good faith and in reasonable reliance;

(2)

Upon a valid, unexpired act or omission of the City; and

(3)

Has made such a substantial change in position that it would be highly inequitable or unjust to destroy the rights he has acquired.

The following shall not be considered development expenditures or obligations in and of themselves: expenditures for legal or other professional services which are not related to the design or construction of improvements, taxes paid, or expenditures related to the acquisition of land.

(b)

Planned Unit Developments (PUDs) may be deemed vested where development has commenced and is continuing in good faith. For the purposes of this Section, it is determined that the adoption of an ordinance approving a Planned Unit Development (PUD) pursuant to Section 656.340, Ordinance Code prior to the effective date of the comprehensive plan, or any amendment thereto may constitute substantial competent evidence which is sufficient to demonstrate that the requirements of subsections (a)(1), (2) and (3) of this Section have been met, provided the applicant also demonstrates, by substantial competent evidence, to the satisfaction of the Director, that development pursuant to the PUD ordinance has commenced and is continuing in good faith in accordance with the written description of the intended plan of development, site plan and conditions approved as part of the ordinance creating the PUD.

(c)

Continuing in good faith. For purposes of this Section, in making a determination as to whether a development is continuing in good faith, the following criteria shall be considered:

(i)

A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development.

(ii)

A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursuant on a regular and continual basis which furthers the progress of the development.

(iii)

The criteria referenced in (i) and (ii) above shall not preclude a determination that development is continuing in good faith based upon facts and circumstances of a particular development.

(Ord. 91-1016-425, § 9)

Sec. 650.504. - Permits or approvals in progress.

Nothing in the comprehensive plan or Land Development Regulations adopted pursuant thereto shall prohibit the construction or development of a particular type, density, or intensity of development, which has commenced, provided that the application for final development order or permit was filed with the City prior to the effective date of the comprehensive plan, and further provided that such development is being diligently and in good faith pursued to completion.

(Ord. 91-1016-425, § 9)

Sec. 650.505. - VODAD required to proceed with development which is vested.

An applicant entitled to vested development rights under this Chapter shall be required to obtain a VODAD in order to proceed with or complete any development which is inconsistent with the comprehensive plan.

(a)

Application procedures for obtaining VODAD. The following procedures shall be followed with respect to applying for VODAD:

(1)

An application for a determination of vested rights shall be submitted to the Director on the form provided. The application for the VODAD shall contain information sufficient to permit a determination by the Director pursuant to the criteria set forth in Sections 650.502 or 650.503 hereinabove. Detailed site maps and a complete legal description of the subject property shall be submitted with the application. Only applications which are fully complete shall be accepted by the Director.

(2)

The Director shall review the VODAD application for compliance with the criteria set forth in Sections 650.502 and 650.503 herein, and shall prepare a written decision within 30 days after the application has been accepted approving or denying the VODAD application. In the preparation of its decision, the Director may consult with the Office of General Counsel. Other City departments shall provide technical or other information and assistance at the request of the Director. If the application is approved, the Director shall issue the VODAD with the written decision.

(b)

Deviations. All development subject to a VODAD shall be consistent with the terms of the development order or permit upon which the VODAD is based. Any proposed change from the development order or permit, except for a deviation required by governmental action, a minor deviation of a DRI or FQD pursuant to F.S. § 380.06(19) or a minor deviation of a PUD pursuant to Section 656.341(e), Ordinance Code, shall cause the proposed change to be subject to all of the goals, objectives and policies of the comprehensive plan and the requirements of this Chapter.

(c)

Transferability. A VODAD is transferable to a successor owner upon providing written notice to the Director and evidence of conveyance of the land subject to the VODAD.

(d)

Revocation. A VODAD shall remain valid and in force unless and until it is revoked by the Director. Notwithstanding anything in this Chapter to the contrary, a VODAD may be revoked by the Director upon a showing by the City of a peril to the public health, safety or general welfare of the residents of the City which was unknown at the time of approval or upon sufficient evidence that a development receiving a VODAD is not continuing in good faith. Prior to any revocation of a VODAD, the Director shall provide written notice of an intention to revoke the VODAD to the person(s) issued the VODAD and any person(s) having a title interest of record in the land subject to the VODAD, which notice shall include the basis for the revocation. The notice recipient shall have a period of 45 days from the date of receipt of such notice within which to eliminate the condition which is the basis for the revocation. A notice recipient may receive from the Director one or more extensions of the 45-day time period based upon a showing of good cause. If the notice recipient does not eliminate such condition within such time period, the Director may then revoke the VODAD and provide written notice of revocation to the notice recipient of the VODAD. Where it is alleged there is error in any revocation an appeal may be made pursuant to the provisions of Section 650.506 herein.

(Ord. 91-1016-425, § 9)

Sec. 650.506. - Appeals.

(a)

An applicant may appeal any decision or technical determination made by the Director pursuant to this Chapter to the Council, who shall refer the matter to the appropriate committee of Council for a recommendation prior to acting upon the appeal. Appeals shall be made by filing a notice of appeal with the Director within 30 days of the issuance of the written decision being appealed. The notice of appeal shall contain:

(1)

A clear and plain statement of the decision to be reviewed and the date of the decision;

(2)

The specific error alleged as the grounds of the appeal; and

(3)

Proof of payment of required fee.

(b)

A hearing on the appeal shall be scheduled by the Council for a date no more than 60 days subsequent to the filing of a notice of appeal accompanied by a receipt from the Tax Collector evidencing payment of the required fee. The applicant shall be given at least 30 days written notice of the scheduled hearing date.

(c)

The applicant, departmental and any other appropriate City staff, the public and witnesses with relevant testimony shall appear and may be heard at the hearing. Testimony shall be limited to matters directly relating to the standards set forth in this Chapter. To the maximum extent practicable, the hearing shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony.

(d)

The appellant shall have the burden of proof to establish by a preponderance of the evidence:

(1)

That there was an error in the decision or technical determination made by the Director; or

(2)

That the requirements of Sections 650.502 or 650.503 hereinabove have been met.

(e)

Within 30 days after the hearing, the Council shall issue to the Director a written decision which shall affirm, reverse, modify, or remand the decision of the Director for further consideration.

(f)

The Department shall be the custodian of all documents, including the application and the Director's decision. The record of the hearing shall be maintained by the Council Secretary.

(Ord. 91-1016-425, § 9)

Sec. 650.507. - Applicant required to exhaust administrative remedies.

No applicant aggrieved by any requirement, decision or determination by the Director pursuant to this Chapter in applying the provisions of this Chapter to any application or request for the issuance of a final development order or final development permit may apply to the court for relief unless he has first exhausted all administrative remedies provided in this Part.

(Ord. 91-1016-425, § 9)

Sec. 650.508. - VODAD as development order.

The issuance of a VODAD, or any other final vested rights determination rendered by the Director or the Council, as the case may be, pursuant to the provisions of this Chapter shall be a development order or development permit subject to challenge under F.S. § 163.3215.

(Ord. 91-1016-425, § 9)

Sec. 650.509. - Schedule of fees.

The following schedule of fees shall apply. The effective date and time of filing the application shall be upon receipt of the required fee by the Tax Collector.

(a)

Application for VODAD .....$500

(b)

Appeal of the Director's decision .....500

(Ord. 91-1016-425, § 9)

Sec. 650.510. - No taking construed.

Nothing in this Chapter shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation without due process of law.

(Ord. 91-1016-425, § 9)

Sec. 650.511. - Reserved.

Editor's note— The provisions of former § 650.511, relative to severability, were deleted as part of the Super Supplement to the Code. Former § 650.511 derived from Ord. 91-1016-425, § 9.

Sec. 650.512. - Computation of time.

If any filing deadline set forth herein falls on a Saturday, Sunday or on a legal holiday, the deadline shall extend until the end of the next day that is neither a Saturday, Sunday or legal holiday.

(Ord. 91-1016-425, § 9)

Sec. 650.513. - Enforcement.

(a)

A person who shall violate any provision of this Chapter shall be deemed guilty of a class D offense.

(b)

In addition to the penalties provided hereinabove for violations of this Chapter, any violation of this Chapter shall be subject to appropriate civil action in the court of competent jurisdiction.

(Ord. 91-1016-425, § 9)

Sec. 650.514. - Reserved.

Editor's note— The provisions of former § 650.514, relative to the effective date of this Chapter, were deleted as part of the Super Supplement to the Code. Former § 650.514 derived from Ord. 91-1016-425, § 9.

TITLE XVII - LAND USE Chapter 651 - EXPEDITED PERMITTING