§ 11.02.04. Compliance, Revocation, Duration, Extension and Appeal

A.

Compliance with Vested Rights Order

1.

All development subject to a Vested Rights Order must be consistent with the terms of the development approval(s) upon which the Order was based. Any substantial deviation from a prior approval, except a deviation required by governmental action, shall cause the development involved to be subject to the policies and implementing decisions and regulations set forth in the Future of Hillsborough Comprehensive Plan, including Concurrency.

2.

It is understood, however, that non-site planned approvals may allow for some flexibility in development scenarios. The Administrator shall determine whether a proposed change is a substantial deviation in light of the following criteria:

a.

Any change in use or intensity that would increase the development's impacts on those public facilities subject to Concurrency by more than five percent.

b.

Any change in access to the project that would increase the development's transportation impacts by more than five percent on any Regulated Roadway, unless the access change would result in an overall improvement to the transportation network.

3.

Except for changes that meet the criteria of 1 and 2 above, proposed changes shall not cause the development approved under the Vested Rights Order to become subject to Concurrency, but, to the extent feasible, shall cause such development to become subject to the land development regulations adopted to implement the Plan.

4.

The permittee may appeal a substantial deviation determination pursuant to the provisions of 10.05.01.

B.

Revocation

Notwithstanding anything in these regulations to the contrary, a vested rights determination may be revoked upon a showing by the County of a peril to public health, safety or general welfare of the residents of Hillsborough County unknown at the time of approval.

C.

Duration and Extension of Vested Rights Order

1.

Upon either the expiration of seven (7) years after the issuance of an original Vested Rights Order or upon the expiration of any previously approved extension of a Vested Right Order, the issuance of development permits for the property subject to the Vested Rights Order shall be subject to the requirements for the determination of capacity of public facilities and the availability of public facilities. Notwithstanding the foregoing, prior to the expiration of the time period set forth in the Vested Rights Order, the applicant or his successor in interest may petition the Hearing Officer in accordance with Section 5.2.4 of the Development Review Procedures Manual for an extension of such time period, not to exceed a maximum of two (2) years at any one time. In reaching a decision the Hearing Officer shall consider whether the development is continuing in good faith and whether a denial of the request would cause an inequitable, unjust, or fundamentally unfair result.

a.

When an extension request is found to be justified by the Hearing Officer based on the foregoing criteria, it is the intent of this Section that the extension shall run to the benefit of all land subject to the original Vested Rights Permit.

b.

In extraordinary circumstances, the Board of County Commissioners may allow a property owner to submit an application for extension of a Vested Rights Order after the expiration of said Order where the submission of an application is necessary to avoid undue hardship.

2.

Significant development activity in light of the approved development time frame or receipt by the applicant of one or more of the following types of permits or approvals in the preceding year shall constitute sufficient evidence of "continuing in good faith":

a.

Building Permit;

b.

Site Development Plan Approval or not more than one renewal of each Site Development Plan Approval;

c.

Subdivision Construction Plan Approval or not more than one renewal of each Subdivision Construction Plan Approval;

d.

Final Plat Approval;

e.

Such other permits or approvals as shall evidence that development has commenced and in continuing in good faith.

f.

Substantial professional marketing, financing, legal, architectural, engineering, land use planning, or similar activities in furtherance of the project.

Notwithstanding any provisions of this Land Development Code to the contrary, the decision of the Hearing Officer on extension requests shall constitute final administrative action and, therefore, appeals of Vested Rights extension requests shall be to Circuit Court, in accordance with applicable Florida Rules of Court.

3.

With respect to the Land Development Code Amendment adopted by the Board of County Commissioners on June 19, 1997, providing a limitation of a two year extension by the Vested Rights Hearing Officer, any Vested Rights Special Use Order that would have otherwise expired during the review of said amendment, or 60 days from the effective date of said amendment provided application is made prior to January 31, 1998, shall be administratively reinstated as a matter of right for the purpose of making application for extension as stated in Subsection C.1. above.

With respect to the Land Development Code Amendment adopted by the Board of County Commissioners on December 18, 1997, eliminating the 60 day prior to expiration requirement for filing an extension request, any applicant denied an extension prior to December 18, 1997 solely on the basis of failure to apply for said extension 60 days prior to expiration, may have the application for extension administratively reinstated as a matter of right.

(Ord. No. 97-6, § 2, 6-19-97; Ord. No. 97-18, § 2, 12-18-97; Ord. No. 98-43, § 2, 7-17-98; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 09-53, Item J, 6-11-09, eff. 10-1-09; Ord. No. 16-13, § 2(Exh. A), 6-16-16, eff. 7-30-16)