§ 11.02.02. Eligibility for Vested Rights

A.

General Standards

An application for a Vested Rights Order shall be approved if the applicant has demonstrated all of the following:

1.

The applicant:

a.

As to vesting for the Comprehensive Plan, owned the property proposed for development on July 26, 1989, the effective date of the Future of Hillsborough Comprehensive Plan; as to vesting for Concurrency and the land development regulations adopted to implement the Plan, owned the property on January 31, 1990; as to vesting for any Comprehensive Plan amendments adopted to implement the provisions of the proposed Settlement Agreement between Hillsborough County and D.C.A. approved by the Board of County Commissioners on October 3, 1989, (the "Settlement Agreement") owned the property prior to the date of such amendments;

b.

Entered into a contract or option to purchase the property on or before such date; or

c.

Presents facts such that it would be inequitable, unjust or fundamentally unfair to deny an application for vested rights where the applicant acquired ownership after such date; and

2.

There was a valid, unexpired act of an agency or authority of government upon which the applicant reasonably relied in good faith; and

3.

The applicant, in reliance upon the valid, unexpired act of government, has made a substantial change in position or has incurred extensive obligations or expenses; and

4.

It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant. In making this determination, Hillsborough County may consider a number of factors, including but not limited to:

a.

Whether construction or other development activity has commenced and is continuing in good faith.

b.

Whether the expense or obligation incurred cannot be substantially utilized for a development permitted by Hillsborough County's comprehensive plan and land development regulations.

B.

Eligibility of Certain Development Expenditures or Obligations

The following are not considered development expenditures or obligations in and of themselves, without more, unless the applicant was unable to obtain further approvals because of extraordinary delays, beyond the applicant's control:

1.

Expenditures for legal and other professional services that are not related to the design or construction of improvements.

2.

Taxes paid.

3.

Expenditures for initial acquisition of the land.

C.

Presumptive Vesting

Notwithstanding the criteria set forth in A and B above, possession of a valid, unexpired building permit, certificate of occupancy, Site Development Plan Approval or Subdivision Construction Plan Approval shall presumptively vest the development approved under such permit for the purposes of the Plan if issued prior to July 26, 1989; if issued prior to February 1, 1990, for purposes of the land development regulations adopted to implement the Plan and Concurrency; and, if issued prior to any Plan amendments adopted pursuant to the Settlement Agreement, for purposes of such amendments. Possession of an expired permit or approval issued prior to July 26, 1989, for purposes of the Plan, and prior to February 1, 1990, for purposes of the land development regulations, shall vest the development approved under such permit as indicated in this sentence, but shall not vest such development for Concurrency unless the permit or approval expired through no fault of the applicant and would have customarily been extended by the County. Such valid approvals or permits shall, in and of themselves, constitute sufficient evidence of compliance with the standards set forth in A and B above. Verification of such approvals or permits shall be made by the Director, or designee, of the County department that issued the approval or permit, and his statement of verification shall be included with the report to the Land Use Hearing Officer. If verified, the Hearing Officer shall rely on such statement of verification and issue the Vested Rights Order. Notwithstanding the foregoing, if the Land Use Hearing Officer determines that development proposed in the application would constitute an imminent peril to the public health, safety, or welfare, the application may be denied. Development authorized by the presumptive permit may proceed during the period between application and determination by the Land Use Hearing Officer.

D.

Section 380.06 Vested Rights

Developments of regional impact which are authorized under Chapter 380.06, Florida Statutes, (1987), pursuant to a valid, unexpired Binding Letter of Vested Rights issued by the state land planning agency, including approved modifications to such Binding Letter of Vested Rights (the "Binding Letter"), shall automatically qualify for a Vested Rights Order to be issued upon completion of the procedure set forth below in this paragraph. Such development order shall recognize the vesting of the development as set forth in the Binding Letter for purposes of the Plan, from the land development regulations adopted to implement the Plan, and from Concurrency. In lieu of 11.02.04 C 1 and 2 below, such vesting shall continue until development approved in the Binding Letter is complete or until the expiration or invalidation of the Binding Letter, whichever occurs first. Notwithstanding 11.02.04 C 3, a proposed change to a development vested hereunder shall be reviewed pursuant to the substantial deviation or change criteria provided for in Chapter 380.06, Florida Statutes, (1987). Any substantial deviation after January 31, 1990, shall cause those development rights that are the subject of such deviation to become subject to the Plan, the land development regulations adopted to implement the Plan, and Concurrency. The request for issuance of the Vested Rights Order shall consist of the Binding Letter, along with the master plan of development or similar document previously approved by the Board of County Commissioners. Such document shall be provided to the Department for verification of authenticity. The Administrator may require additional documents or materials necessary for the County to determine the extent of development vested and to estimate the capital improvements required by the development. Submission of the Binding Letter along with the appropriate master plan or similar document and any additional materials required by the Administrator shall entitle the development to a Vested Rights Order which shall be issued by the Land Use Hearing Officer upon receipt of verification by the Administrator of the authenticity and sufficiency of such submitted documents. DRI scale developments which are vested under Section 380.06, and for which a Binding Letter has not been issued shall qualify for a Vested Rights Order upon establishment, in accordance with the procedures set forth in this ordinance, that, prior to July 1, 1973, the County issued a building permit or other authorization to commence development and that in reliance on such permit or other authorization that there has been a change of position as required under the provisions of Section 380.06(20) Vested Rights; provided, however, in lieu of the limitations set forth in 11.02.04 C 1 such vesting shall continue until such development is complete or until the state land planning agency determines that such development is not entitled to be vested under Section 380.06, whichever occurs first.

E.

Deadlines for Filing Applications

1.

Applications for Vested Rights Order may be submitted to the Administrator prior to the initiation of Zoning Conformance for the Area in which the subject property is located.

2.

An application for a Vested Rights Order shall be filed within one year from the conclusion of the Zoning Conformance public hearings for the subject property. Except as provided in 3 and 4 below, failure to file an application within the required period will constitute an abandonment of any claim to vested rights. Judicial relief will not be available unless administrative remedies set forth in these regulations are exhausted, including the appeal of a vested rights determination to the Board of County Commissioners prior to the initiation of Zoning Conformance for the Area in which the subject property is located.

3.

If a property owner is absent from the State during the entire filing period, and does not have an agent present in the state during such period, such property owner may, with documentation sufficient to indicate a probable lack of notice, be granted leave by the Administrator to file an application within one year after the individual's return to Florida.

4.

Notwithstanding the provisions of 2 above, the Board of County Commissioners may, in extraordinary circumstances, allow a property owner to submit an application after the one year deadline where such extension is necessary to avoid undue hardship to the property owner.

5.

With respect to any Comprehensive Plan Amendment adopted by the Board of County Commissioners on after July 26, 1989 (the "Amendment") the application deadline set forth in 2 above is extended to one year from the adoption date of the Amendment for properties adversely affected by such Amendment. With respect to applications filed under this extended deadline only, the adoption date of the subject Amendment shall be substituted for July 26, 1989, for purposes of the Standards for Vested Rights set forth in 11.02.02 A and the Presumptive Vesting provisions of 11.02.02 C. In order to be eligible for this extended filing deadline, an applicant shall not have previously applied for a Vested Rights Order for the property that is the subject of the application.