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)