§ 33D-40. Exemptions and vested rights.  


Latest version.
  • (a)

    Exemptions.

    (1)

    The provisions of this article shall not apply to an application for development action to the extent that the land affected by said application is subject to a County and locally approved redevelopment plan adopted in accordance with Florida Statutes, Section 163.330 et seq., a site plan, declaration of restrictions or similar agreement, covenant or other criteria or parameters governing land development which has been lawfully issued, adopted or approved prior to the effective date of this article by the Board of County Commissioners, the Zoning Appeals Board, the applicable board of a municipal governing body, an administrative official having authority under applicable ordinance or regulation, or a court of competent jurisdiction. The exemption provided in this subsection shall have continuing effect where the development proceeds in substantial compliance with the subject approval and said approval has not lapsed, expired, been revoked or otherwise rendered invalid.

    (2)

    The provisions of this article shall not apply to an application to modify or amend an approval granted prior to the effective date of this article pursuant to subsection (a)(1) herein, where the Executive Council of the Miami-Dade County Developmental Impact Committee finds and determines in accordance with Section 33D-35 herein that the requested modification or amendment will not alter the immediate bay shoreline, will not alter the physical or visual character of the shoreline setback area or the potential of that area to accommodate a shoreline walkway at some future time, and will not alter the character of the side setback in such a way as to diminish the use of that area as an existing or future visual or physical access corridor to the bay shoreline.

    (b)

    Vested rights.

    (1)

    Nothing contained herein shall be construed as depriving an applicant of lawfully vested rights. It shall be the duty and responsibility of the applicant alleging vested rights to affirmatively demonstrate the legal requisites of vested rights. Any person who claims a vested right to develop property contrary to this article may submit an application for a determination of vested rights to the Executive Council of the Miami-Dade County Developmental Impact Committee (DIC) together with a sworn affidavit setting forth the facts upon which the applicant bases his claim for vested rights. In addition to any other submission required by the DIC, the applicant shall include copies of any contracts, letters and other documents upon which a claim of vested rights is based. The mere existence of zoning prior to the effective date of this article shall not vest rights.

    (2)

    The Executive Council of the DIC shall review the application as provided in Section 33D-35 and implementing resolutions adopted pursuant to this article and determine whether the applicant has demonstrated:

    a.

    An act of development approval by an agency of Miami-Dade County or an applicable municipal governing body,

    b.

    Upon which the developer has in good faith relied to his detriment,

    c.

    Such that it would be highly inequitable to deny the landowner the right to complete the previously approved development.

(Ord. No. 85-14, § 10, 3-5-85; Ord. No. 00-77, § 1, 6-6-00)