(A) Authority. This section is adopted pursuant to Fla. Const. Art. VIII, § 2,; Fla. Stat. Ch. 163 [being the Local Government Comprehensive Planning and Land Development Regulation Act] and Fla. Stat. Ch. 166; and Fla. Laws Ch. 63-2001, Special Acts of 1963.
(B) Purpose and intent. The city declares that the purpose and intent of this section is to provide for the city a plan which will guide future growth and development; encourage the most appropriate use of land, water and other resources consistent with the public interest, preserve, promote and protect the public health, safety, comfort, good order, appearance, convenience, and general welfare; preserve the residential or historical character of neighborhoods, prevent the overcrowding of land, avoid undue concentration of population; provide adequate and energy-efficient transportation, water, sewage, drainage, fire protection, law enforcement, schools, parks, recreation facilities, housing and other services, facilities and resources; enhance the aesthetic appeal of the community; promote the residential, business, and industrial needs of the community; and conserve and protect natural resources within the city, while protecting private property rights. By the adoption of this plan, the city will encourage and actively pursue coordination and cooperation between the planning and development activities of the city, other local governments, regional agencies, state government, and private property owners. The adoption of this section reserves the city's right to balance the needs of tide community.
(C) Adoption.
(1) The city adopts, by reference, the comprehensive plan and the goals, objectives and policies of each element:
(a) Future land use element;
(b) Recreation and open space element;
(c) Coastal management element;
(d) Conservation element;
(e) Housing element;
(f) Infrastructure element, consisting of sanitary sewer, solid waste, drainage, potable water and natural ground water aquifer recharge sub-elements;
(g) Intergovernmental coordination element;
(h) Capital improvements elements;
(i) Transportation element consisting of traffic circulation and sub-elements; and
(j) Mass transit;
(k) Ports, aviation and related facilities, and CIE schedule of capital improvements.
(2) Copies of the elements set forth in division (1) above are incorporated herein by reference as Exhibit A, which is attached to Ordinance 88-28, as amended by Exhibits A and B of Ordinance 90-20.
(D) Adoption of future land use map. The city adopts, by reference, the future land use map as part of the comprehensive plan of the city. A copy of the map, as may be amended from time to time, is incorporated herein by reference as Exhibit B, which is attached to Ordinance 88-28 as amended by Exhibit C of Ordinance 90-20.
(E) Adoption of future traffic circulation map. The city adopts, by reference, the future traffic circulation map as part of the comprehensive plan of the city. A copy of this map is incorporated herein by reference as Exhibit C, which is attached to Ordinance 88-28 as amended by Exhibit D of Ordinance 90-20. The future traffic circulation map shall serve as an official guide for future development within the city.
(F) Adoption of procedure for monitoring. The city adopts, by reference, the procedure for monitoring and evaluation of the comprehensive plan, which is incorporated herein by reference as Exhibit D and which is attached to Ordinance 88-28.
(G) Construction. The comprehensive plan and its elements shall be constructed by the city and its officials to accomplish the purpose and intent of this section. In the event various elements of the plan may appear to be in conflict, then in that event, the city and its officials shall resolve such conflict consistent with the purpose of this section. Any decision by the city or its officials construing various elements of the comprehensive plan shall be presumed to be fairly debatable. The city expressly reserves its legislative function to implement this comprehensive plan and to construe its various elements.
(H) Interpretation of land use boundaries. Where uncertainty exists with respect to the boundaries of any of the land use districts as shown on the future land use map, the following rules shall apply:
(1) Where boundaries approximately follow streets, alleys, or highways. Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys, or the centerline or right-of-way line of highways such lines shall be construed to be such district boundaries.
(2) Where boundaries parallel street lines, alley lines or highway right-of-way lines. Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, the center lines or alley lines of alleys, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the future land use map.
(3) Where boundaries approximately follow lot lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.
(4) Where the boundary follows a railroad line. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of the railroad lines.
(5) Where the boundary follows a body of water. Where the boundary of a district follows a stream, lake or other body of water such boundary line shall be construed to be the limit of the jurisdiction of the city, unless otherwise indicated.
(6) Submerged areas not included in district. All areas within the corporate limits of the city which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins one (1) or more districts the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
(7) Where property has not been included in district. In every case where property has not been specifically included within a district, or where territory has become a part of the city by annexation, the same shall automatically be classed as lying and being in the single-family land use district until such classifications shall have been changed by an amendment to the future land use map as provided by law.
(8) Vacation of public ways. Whenever any street, alley, or ether public way is vacated in the manner authorized by law, the land use district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then henceforth by subject to all regulations of the extended districts.
(9) Where district boundaries are indicated as following platted lot lines, such lot lines shall be construed to be the district boundaries.
(10) Where district boundaries are indicated by specific dimensions, such specific dimensions shall control.
(11) Where district boundaries divide platted lots or cross unsubdivided property, and where no specific dimensions are indicated on the future land use map, the scale of the future land use map shall control.
(12) Where the street or property layout or other physical features existing on the ground are at variance with the future land use map, or where other uncertainties exist as to interpretation of the future land use map, the Planning Director shall interpret the map to fix the exact location of land use boundaries.
(I) (1) All development undertaken after the effective date of this section shall be consistent with such plan, elements, and maps except as provided herein.
(2) The Planning Director shall be the caretaker of and responsible for recording all changes to the district boundaries on the future land use map promptly after any amendment has been approved by the City Council.
(J) Vested rights.
(1) In the event any provision of the comprehensive plan or maps would limit or modify the vested rights of any person or entity to complete any development that has been previously authorized, then in that event, the city may recognize the right to complete the development as provided herein. The city recognizes the right of any person to complete the following development:
(a) Development that has received a building permit;
(b) Development that has received final plat approval or final site plan approval;
(c) Development that has received preliminary plat approval, preliminary subdivision approval, or preliminary PUD approval provided the development has secured a permit to construct all or any phase of such development and is continuing the development in good faith.
(2) Any person or entity with vested rights who has a right to complete a 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 such development if such development does not maintain a current building permit, or current site plan or development approval as provided for by this code of ordinances of the city. Once a development has lost its current approval, then in that event future development shall comply with applicable provisions of the comprehensive plan and maps.
(3) The city may recognize other applications for vested rights in accordance with the following procedure:
(a) Any property owner who claims to have vested rights based upon a prior approval from the city other than as provided above may submit to the city manager, within one hundred and twenty (120) days after the effective date of this section, a written request for recognition of the vested rights.
(b) The applicant shall submit such information as the applicant deems appropriate to support a claim of vested rights including a legal description of property, dates of any recent rezoning, preparation of any plans, approval of any plans, any action of the city upon which applicant has relied, facts showing substantial reliance or change in position.
(c) Within ninety (90) days after receipt of the application, the City Council shall either recognize or reject the applicant's claim of vested rights. If this city fails to act upon such request within ninety (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 a request of the city prior to the litigation.
(K) Constitutional claims.
(1) In the event any person claims that any provision of the comprehensive plan, elements, or maps constitutes a taking of the landowner's property without due process of law and the payment of just compensation as provided for in the Florida Constitution and the Constitution of the United States of America, then in that event, the person shall first present the claim to the city. The provisions of Fla. Stat. § 163.3215 shall prevail on any claims that may be asserted under such statutes and this section shall not be construed as an additional remedy presently governed by Fla. Stat. § 163.3215.
(2) Any person claiming such taking shall:
(a) Submit the claim in writing to the City Manager identifying the name and address of the property owners;
(b) The present use of the property;
(c) The present land use designation and zoning classification;
(d) The particular provision of the comprehensive plan that the person believes to have constituted a taking;
(e) The remedy requested;
(f) Documentation or other evidence demonstrating the economic deprivation;
(g) Case law or legal authority, if any, that demonstrates the taking;
(h) Such other information demonstrating how the plan or element constitutes a taking.
(3) After the city has received the request, it shall have ninety (90) days to review and act upon the request. Due public notice as required by Fla. Stat. Ch. 163 and Ch. 166, shall be provided prior to granting any relief under this section. The city reserves its full legislative function to act upon requests under this section and the actions shall be presumed to be fairly debatable.
('74 Code, § 18½-1) (Ord. 88-28, passed 10-6-88; Am. Ord. 90-20, passed 6-28-90)