(A) Any person, partnership, corporation, or other legal entity having an ownership interest in a parcel of real property may file an application for a special permit determining the applicant's right to commence and complete a specific type, level, nature, intensity, density, or other form of development on that real property that has been vested. The application shall be filed with the City Manager or the City Manager's designee, and shall contain:
(1) A concise and complete recital of the facts, including dates of expenditures or obligation to expend funds, dollar amounts, the nature of expenditures or obligation to expend funds, and other factors which are claimed to support the claim to a vested right to commence and complete a specific level, type, nature, density, intensity, or other form of development;
(2) A legal description of the parcel of real property and survey thereof upon which the applicant claims to have vested development rights;
(3) The applicant's name, address, and telephone number;
(4) The name, address, and telephone number of any attorney or agent who is or will be representing the applicant;
(5) A title opinion of a state attorney, abstract of title, or other evidence acceptable to the city that the applicant has continuously held title to the real property described in the application from the day of the date of notice of a change in a land development regulation until at least two weeks prior to the date of application for a special permit, together with a description of the extent and quality of ownership of the real property during that period;
(6) An affidavit under penalty of perjury executed by the applicant before a notary public attesting to the truth, accuracy, and veracity of the application and all attachments thereto; and
(7) Such other information relevant to the standards and factors in this appendix as the City Manager may specify.
(B) (1) The applicant shall attach an original or photographically reproduced copy of all documents and other documentary evidence relevant to the application for recognition of vested interest. The application shall be filed with the City Manager, who shall certify its receipt. The application shall first be considered by the Planning and Zoning Board at public hearing, duly noticed by the Planning and Zoning Board, which shall then forward its recommendations to the City Commission for further consideration by that body. Said meeting shall be held not earlier than the third meeting of the Planning and Zoning Board following the receipt and certification of the application by the City Manager, but not later than the fourth meeting of the Board, following receipt and certification. In no event, however, shall the application be considered upon less than 15 days' public notice in the form and content as required by law or ordinance for public hearings for consideration by the Planning and Zoning Board of amendments to zoning or comprehensive land plan designations.
(2) The Planning and Zoning Board shall render its recommendations to the City Commission, in writing, with an explanation therefor not later than seven days following the conclusion of its hearing. Its hearing may be continued from day to day as necessary.
(3) The recommendations and explanation of the Planning and Zoning Board shall not be binding upon the City Commission. Any proceedings before the City Commission for recognition of a vested interest shall be de novo proceedings and the decision of the City Commission shall constitute the final order for purpose of judicial review.
(C) The City Commission shall conduct a hearing on the application not earlier than its third meeting nor later than its fourth meeting following receipt of the recommendations of the Planning and Zoning Board, upon not less than 15 days' public notice published in a newspaper in general circulation in Seminole County, Florida. The notice shall be in the form and content as required by division (B)(1) hereof. At said hearing the City Commission shall consider the recommendation of the Planning and Zoning Board, any evidence presented by the applicant, any evidence presented by the City Planner, his designee, any other evidence presented by the City Planner, his designee, any other evidence presented by the city administrative staff and any evidence presented by interested persons. It shall not be necessary to receive evidence under oath, but all such evidence shall be upon penalty of perjury. The motion granting or denying vested rights status shall state the basis therefor, in light of the considerations set forth in § 3 of this Appendix.
(1) The decision of the City Commission granting or denying the application shall be filed with the City Clerk not later than the second meeting of the City Commission following the public hearing and a copy shall be sent to the applicant by U.S. mail, certified, return receipt requested.
(2) Any determination of the City Commission with respect to vested rights and the issuance of a special permit under this appendix shall expire and be of no further force or effect, unless construction is actually commenced on the parcel of real property within one year of the date that the order granting the special permit is filed with the City Clerk. For good cause shown by the applicant, the City Commission may, in its legislative discretion, extend the foregoing one-year period by a time period of up to one additional year.
(3) Any person, partnership, corporation, or other legal entity claiming a vested right to commence and complete any type, level, nature, density, intensity, or other form of development of a specific parcel of real property who does not file an application for determination under this appendix within one year of the effective date of the amendatory ordinance that rezones, changes the land use of the property, or otherwise materially and adversely affects the applicant's real property or portion thereof so as to prohibit the nature, type, level, intensity, density, or other form of development, in whole or in part, shall be deemed to have waived the right to seek such a determination.
(D) In addition to published notice, actual notice of any hearing before the Planning and Zoning Board or the City Commission for recognition of vested rights status, shall be mailed to the applicant and all persons who are required to be so noticed with regard to applications for change in zoning or comprehensive land use designations.
(Ord. 241, passed 11-27-85; Am. Ord. 350, passed 12-3-87; Am. Ord. 451, passed 11-2-89)