§ 134-159. Scope.

(a)

This article shall apply to:

(1)

Vested rights determinations sought under article III of this chapter, and its implementing regulations, or the provisions of this article, for:

a.

Final approved development orders issued pursuant to a development of regional impact (DRI) project or a Florida quality development (FQD) authorized under F.S. ch. 380 which are subjected to consistency or concurrency regardless of when issued:

1.

Through application of the specific terms and conditions of a DRI's or FQD's particular development order; or

2.

Through an amendment to a DRI or FQD development order but only as to those development rights that were a part of or affected by the amendment.

b.

Final local development orders, as defined in section 134-86(a)(1) regardless of when issued:

1.

For any proposed development which has not, after August 10, 1989, for vested rights relating to consistency, or after December 31, 1989, for vested rights relating to concurrency:

i.

Commenced development within, and then,

ii.

Continued development in, good faith throughout the time periods provided for by those development permits obtained as part of a final local development order;

2.

Through application of the specific terms and conditions of the final local development order; or

3.

Through an amendment to the final local development order but only as to those development rights that were a part of or affected by the amendment.

(2)

Amendments to development orders issued after August 11, 1989, for vested rights relating to consistency, or after December 31, 1989, for vested rights relating to concurrency, and which alter any development right within a particular development order, regardless of whether the change is a substantial or non-substantial deviation, but only to the extent of the development rights changed by the deviation.

(3)

Any landowner or developer, or designee of either, who desires a vested right determination regarding rights which may exist for property which is included as part of a proposed development agreement or an amendment to an existing development agreement adopted pursuant to F.S. §§ 163.3220—163.3243.

(4)

Any applicant alleging that the county plan, as applied to the applicant's proposed development order or development permit, would constitute an abrogation of his vested rights.

(5)

Development orders or development permits which may otherwise be subject to a divestment of development rights as provided for in section 134-161.

(b)

This article shall not apply to:

(1)

Nonconforming uses, as defined in chapter 138.

(2)

Issues relating primarily to development impact fees.

(Ord. No. 18-36 , § 3(Att. A), 10-23-18)