§ 72-1014. Vested rights.

Based upon the following four-part test for vested rights: (1) Upon some act or omission of the county; (2) a property owner relying in good faith; (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired; and (4) that the development has commenced and is continuing in good faith; only the following developments are hereby determined to be vested for the purpose of this division:

(1)

Developments of regional impact as currently authorized under F.S. § 380.06, which were issued as development orders by the Volusia County Council on or before the effective date of this article.

(2)

Physical on-site construction if building permit has been issued on or before the effective date of this article.

(3)

Applications for final site plans submitted to the LDD on or before effective date of this article shall be vested for a period of one year from the date of approval or one year from the effective date of this article, whichever time period is less. Any amendments or modifications to said site plans shall hereafter be tested for concurrency under the provisions of this article.

(4)

Except as otherwise provided in subsections (6), (7), (8) and (9) of this section, preliminary subdivision plats or final subdivision plats approved under the authority of Ordinance 72-2, as amended, or Ordinance No. 88-3, as amended [this article], approved on or before the effective date of this article shall be vested through September 30, 2005. Thereafter, any and all of the lots platted in said subdivision shall be tested for concurrency in accordance with this article. Any amendments or modifications to said plats shall hereafter be tested for concurrency under the provision of this article.

(5)

Where a building permit has been issued and it remains valid on or before the effective date of this article.

(6)

Any activity exempted under division 2, subsections 72-537(a)(1), (6), (10), (11) and (12) of this article, on or before the effective date of this article, shall be vested through September 30, 2005. Thereafter, any of those above-described activities under this article shall be tested for concurrency in accordance with this article.

(7)

Any activity exempted under division 2, subsections 72-537(a)(2), (3), (4), (7) and (9) of this article.

(8)

Except for division 2, subsections 72-537(a)(5) of this article, any activity vested under division 2, subsections 72-537(a)(8) of this article shall be vested through September 30, 2005. Thereafter, said activity shall be tested for concurrency in accordance with this article.

(9)

Any subdivision which has received ODP approval on or before the effective date of this article shall have one year from the date of approval to obtain a preliminary plat approval under the provisions of this article and shall have one additional year within which to obtain final plat approval. Thereafter, said development shall be tested for concurrency in accordance with this article.

(10)

Any subdivision which was classified commercial or business planned unit development under the Volusia County Zoning Ordinance No. 80-8, as amended [article II, Code of Ordinances], which was reviewed and approved under the provisions of this article and has commenced and is continuing in good faith.

(11)

The LDM shall choose and develop a methodology for informing owners of above-described vested properties under this section of the expiration of said vested rights under this section. Such methodology may include, but not be limited to, newspaper notice, individual notice or notice in the public records. Once that methodology is chosen, the LDM shall proceed to implement such methodology.

(Ord. No. 90-33, § LIX, 9-27-90; Ord. No. 94-2, § 77, 4-7-94; Ord. No. 00-27, § I, 8-17-00; Ord. No. 2008-25, § III, 12-4-08)