§ 6½-27. Vested rights.

(A)

In the event that any provision of this comprehensive plan or maps would limit or modify the rights of any person to complete any development that has been previously authorized, then in that event, the town may recognize the right to complete the development as provided herein. The town hereby recognizes the right of any person to complete the following development:

(1)

Development that has received a building permit;

(2)

Development that has received final plat approval or final site plan approval; and

(3)

Development that has received preliminary plat approval, preliminary subdivision approval, preliminary PUD approval or preliminary site plan approval; provided the development has secured a permit to construct all or any phase of the development and is continuing the development in good faith.

(B)

Any person who has a right to complete the development and has secured a building permit, final plat approval, final site plan approval or preliminary approval as provided above shall lose its right to complete the development if the development does not maintain a current building permit or current site plan or development approval as provided for by the Code of ordinances of the town. Once a development has lost its current approval, then in that event, further development shall comply with applicable provisions of the comprehensive plan and maps.

(C)

The town may recognize other applications for vested rights in accordance with the following procedure:

(1)

Any property owner who claims to have vested rights based upon a prior approval from the town other than as provided above may submit to the Town Clerk within 120 days after the effective date of this section a written request for recognition of the vested rights;

(2)

The applicant shall submit such information as he or she deems appropriate to demonstrate his or her claim of vested rights, including a legal description of the property, dates of any recent rezoning, preparation of any plans, approval of any plans, any action of the town upon which the applicant has relied and facts showing substantial reliance or change in position; and

(3)

Within 90 days after receipt of the application, the Town Commission shall either recognize or reject the applicant's claim of vested rights. In reviewing the application, the Town Commission shall be guided by the case of Hollywood Beach Hotel v. City of Hollywood, 329 So.2d 10 (Florida 1976). If the town fails to act upon the request within 90 days, then the application shall be deemed to be denied. No suit shall be filed by the applicant unless prior thereto the applicant has made of a request of the town prior to the litigation.

(Ord. 148, § 7, passed 3-13-1989)