Sec. 655.109. - Exemptions; vested rights; permits or approvals conferring vested rights; common law vested rights.

The following development or development activity shall be exempt from CMMS review and the payment of the Mobility fee. (a) Requirements for vested rights. The provisions of this Chapter shall not affect the validity of any lawfully issued and effective final development orders or final development permits which were issued prior to April 25, 1991, provided that such development activity as is authorized by the order or permit has commenced prior to April 25, 1991, and is continuing in good faith towards completion. A proposed development shall be vested for purposes of this Chapter and therefore exempt from the CMMS requirements of this Chapter if it has received one of the following: (1) A valid and effective building permit or any other type of construction permit issued prior to April 25, 1991, including any renewals thereof which are permissible under Chapter 320 , Ordinance Code; (2) As to the construction of single-family dwellings, approval of final construction plans for required improvements under Chapter 654 , Ordinance Code, given prior to April 25, 1991; (3) As to the construction of all other improvements or development, approval of final construction and/or engineering plans under Chapter 320 , Ordinance Code, given prior to April 25, 1991, provided such construction and/or engineering plans specifically indicate the density, intensity and use of the ultimate development proposed to be built according to such approved plans. For the purposes of this Chapter, it is determined that development has commenced and is continuing in good faith for the permits or approvals specified in subsections (a)(1)(2) and (3) of this Section upon the issuance of such permit or approval. Verification of the issuance of such approvals or permits shall be made by the CMMSO, and an owner or developer of property shall not be required to obtain a CRC, but shall be required to comply with the procedures set forth in Section 655.110 in order to obtain a VPAC. (b) DRI and FQD approvals . Nothing contained in this Chapter shall limit or modify the rights of any person to complete any development that has been authorized as or vested as a Development of Regional Impact (DRI), or a Florida Quality Development (FQD) pursuant to F.S. Ch. 380, prior to April 25, 1991, unless the development order authorizing such development contains provisions wherein the development is required to meet concurrency requirements or other local zoning, subdivision or growth management laws adopted subsequent to the development order; provided, however, that verification of the issuance of the development order shall be made by the CMMSO. An owner or developer of property which is subject to a DRI or FQD shall be required to comply with the procedures set forth in Section 655.110 in order to obtain a VPAC, but shall not be required to pay the application fee which would otherwise be charged for filing an application for a VPAC. (c) Prior concurrency approvals . Concurrency approvals for Conditional Capacity Availability Statements (CCAS), Concurrency Reservation Certificates (CRCs), Vested Property Affirmation Certificates (VPACs), Development Agreements and Redevelopment Agreements that have not expired shall be recognized and accepted until expiration. Development authorized by a fair share assessment contract may be completed in reliance upon and pursuant to the fair share assessment contract as set forth in Section 655.301 of this Chapter. (d) Planned Unit Developments (PUDs) may be deemed vested where development has commenced and is continuing in good faith. For the purposes of this Chapter, it is determined that the adoption of an ordinance approving a Planned Unit Development (PUD) pursuant to Section 656.340 , Ordinance Code, prior to April 25, 1991, may constitute substantial competent evidence which is sufficient to demonstrate that the requirements of subsections (e)(1), (2), (3) and (4) of this Section have been met, provided the applicant also demonstrates, by substantial competent evidence, to the satisfaction of the Director of Planning and Development 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. (e) Requirements for common law vested rights . Nothing in this Chapter shall be construed to abrogate validly existing vested rights. However, it shall be the duty and responsibility of the person alleging vested rights to demonstrate affirmatively the legal requisites to establish such vested rights. The City shall recognize validly existing vested rights by the issuance of a VPAC, even if such rights are inconsistent with the Comprehensive Plan or the requirements of this Chapter, upon a determination by the CMMSO that the person alleging vested rights: (1) Has acted in good faith and in reasonable reliance; (2) Upon a valid, unexpired act or omission of the government; (3) Has made such a substantial change in position or incurred extensive obligations and expenses; and (4) That it would be highly inequitable or unjust to destroy the rights he or she 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. Furthermore, the mere existence of a particular zoning classification or a development permit or development order issued prior to the effective date of this Chapter shall not be determined to vest rights under this subsection (e) of this Section. (f) All public educational and on-site ancillary plants as defined in F.S. Ch. 1013, or charter schools governed by F.S. § 1002.33, and private primary and secondary educational schools that have been accredited by the Florida Department of Education, as well as their on-site ancillary plants. (g) Transit stations and terminals; transit station parking; park-and-ride lots; intermodal public transit connection or transfer facilities; fixed bus, guideway, and rail stations; and airport passenger terminals and concourses, air cargo facilities, and hangars for the assembly, manufacture, maintenance, or storage of aircraft. As used in this subsection, the term "terminals" does not include seaports or commercial or residential development constructed in conjunction with a use listed herein. (h) A maximum of two single family dwellings on a lot of record, as defined in Chapter 656 (Zoning Code), Ordinance Code. (i) Any building used principally as a place wherein persons regularly assemble for religious worship, including sanctuaries, chapels and cathedrals and on-site buildings adjacent thereto, such as parsonages, friaries, convents, fellowship halls, Sunday schools and rectories, but not including day care centers or community recreation facilities. (Ord. 90-1251-571, § 1; Ord. 92-131-128, § 4; Ord. 2011-536-E, § 1; Ord. 2022-909-E , § 1)