Title 12174 · Code of Ordinances
Sec. 650.502. - Vested development rights for projects under development.
Citation: Jacksonville, FL Code of Ordinances § 650.502.
Section: 650.502.
(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)