Ordinance 052-1997
Vested Rights - Stain (Draft 11/14/97)
ORDINANCE NO. 052-1997
AN ORDINANCE ADOPTING LAND DEVELOPMENT REGULATIONS TO
IMPLEMENT THE BENEFICIAL USE AND VESTED RIGHTS PROVISIONS OF
THE 2010 COMPREHENSIVE PLAN; EST ABLISlllNG PROCEDURES, STANDARDS
AND CRITERIA FOR BENEFICIAL USE AND VESTED RIGHTS DETERMINATIONS,
WHEREAS, Monroe County is required to adopt land development regulations that
implement the 2010 Comprehensive Plan under Florida Statutes ~ 163 ,3202;
WHEREAS, vested rights and beneficial use determinations are necessary to prevent a
taking of private property rights resulting from adoption of the 2010 Comprehensive Plan;
WHEREAS, vested rights and beneficial use determinations are addressed in the 2010
Comprehensive Plan, Objective 101,18;
WHEREAS, applications for vested rights must be submitted within one year of the
effective date of the 2010 Comprehensive Plan, Policy 101.18,1(1);
WHEREAS, Monroe County has received a number of applications for vested rights and
beneficial use under the 2010 Comprehensive Plan;
WHEREAS, Monroe County desires to codify state, federal, and constitutional
requirements for vested rights, beneficial use, and avoid a taking "as established by current land
use case law", as set forth in Policy 1 0 1,18, 5( 1) of the 2010 Comprehensive Plan;
WHEREAS, Monroe County desires to expeditiously adopt land development regulations
that establish procedures, criteria and standards to implement the vested rights and beneficial use
provisions of the 2010 Comprehensive Plan;
WHEREAS, portions of the beneficial use provisions of the 1986 Land Development
Regulations, Code ~9.5-172, were stricken by the Court in Gonzalez v, Monroe County, 593 So,
2d 1143 (Fla. 3d DCA 1992), the Code should also be amended consistent with the Court's order;
WHEREAS, the Land Development Regulations proposed herein are it} conaliaB~with';
all ~pp"icable requi:e~ents of Chapters 163 an~ 380 o~the Florida Statutes, includir!it~ ~ ~
"Pnnclples For GUldmg Development", and WIth SectIon 9.5-511 of the Monroe Cc@1ty>COde~
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Vestetl Rights - StafU (Draft 11/14/97)
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Purpose, The purpose of this ordinance is to implement Policy 101,18 of the 2010
Comprehensive Plan pursuant to Florida Statutes Sections 163,3202 and 380,0552(8).
Section 2. Monroe County Code ~9.5-161 is hereby deleted and replaced with the following:
ARTICLE VI. PROTECTION OF LANDOWNER'S RIGHTS
DIVISION 1: GENERALLY
Sec. 9.5-161. Purpose.
The purpose of this ordinance is to provide an administrative remedy and procedure to ensure that
a landowner is not deprived of vested rights or all reasonable economic use of property without
just compensation by operation of the 2010 Comprehensive Plan, as may be amended in the future
(hereinafter referred to in this Article VI as "2010 Comprehensive Plan"), or the Land
Development Regulations, which implement the 2010 Comprehensive Plan, as may be amended in
the future ("2010 Land Development Regulations"),
Section 3. Monroe County Code ~9,5-170 is hereby created to read as follows:
DIVISION 2: BENEFICIAL USE
Sec.9.5-170. Purpose of Beneficial Use Ordinance.
(a) This ordinance provides an administrative remedy and procedure to provide relief in those
limited circumstances where a strict, literal application of the 2010 Comprehensive Plan,
or the Land Development Regulations which implement the 2010 Comprehensive Plan
("2010 Land Development Regulations"), deprive a landowner of all reasonable economic
use of their property, unless the deprivation is required to prevent a nuisance,
(b) If the 2010 Comprehensive Plan or 2010 Land Development Regulations deprive a
landowner of all reasonable economic use of the landowner's property, the Board of
County Commissioners shall conduct a hearing and provide administrative relief by
granting:
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Vested Rights - StatU (Draft 11/14197)
(1) Additional beneficial use(s), which allows some development or use(s) of the
property despite the strict, literal language of the 2010 Comprehensive Plan or
2010 Land Development Regulations; or
(2) Just compensation, (i.e., monetary relief equivalent to the fair market value of the
property immediately prior to adoption of the 2010 Comprehensive Plan Goal,
Policy, or Objective or 2010 Land Development Regulation that results in
deprivation of all reasonable economic use of the property),
(c) If a strict, literal application is required to protect the public health, safety or welfare, the
relief awarded to the landowner shall be just compensation as set forth above, i,e.,
monetary relief
Section 4. Monroe County Code 99,5-171 is hereby deleted and replaced with the following:
Sec. 9.5-171. Eligibility to apply for relief.
Any landowner may apply for a beneficial use determination if:
(a) An application for development approval has been denied as a result of the 2010
Comprehensive Plan or 2010 Land Development Regulations; and
(b) All administrative appeals, variances or exemptions available under the 2010
Comprehensive Plan or 2010 Land Development Regulations have been exhausted and
denied; and
(c) No other development proposal or reasonable economic use of the property can be
approved within a reasonable period of time under the 2010 Comprehensive Plan or 2010
Land Development Regulations; and
(d) The 2010 Comprehensive Plan or 2010 Land Development Regulations deprive the
landowner of all reasonable economic use of the property.
Section 5. Monroe County Code 99,5-172 is hereby deleted and replaced with the following:
Sec. 9.5-172. Procedures for relief.
(a) Application: The application for a beneficial use determination shall be in a form specified
by the director of planning and shall be accompanied by a nonrefundable fee as established
Page 3 of17
Vested Rights - StatU (Draft 11/14197)
from time to time by the Board of County Commissioners to defray costs associated with
the application.
(b) Consideration of an Application for Relief
(1) Completeness Review: The planning director shall determine whether the
application is complete or whether additional information is required to make a
beneficial use determination, (i.e" whether more information is needed to
determine whether the 2010 Comprehensive Plan or 2010 Land Development
Regulations deprive the landowner of all reasonable economic use of the property
based on the facts and circumstances of a particular case),
(2) Additional Information: If the application is not complete, or insufficient to make
a beneficial use determination in a particular case, the planning director shall notify
the applicant in writing and request that any necessary additional information be
provided within a reasonable time,
(3) Special Master: Once a complete application is submitted and reviewed by staff, it
shall be referred to a Special Master appointed by the Board of County
Commissioners, The Special Master shall be responsible for scheduling a public
hearing for the application.
(4) Notice: The County shall provide notice of the public hearing pursuant to Ch.
125.66 of the Florida Statutes, The cost of such notice shall be borne by the
applicant.
(5) Hearing: The Special Master shall hold an evidentiary hearing and shall allow
sworn testimony and cross-examination, Public comments can be submitted in
writing or can be made in person at the conclusion of the hearing. The applicant
shall have the burden of establishing that the 2010 Comprehensive Plan or 2010
Land Development Regulations have deprived the applicant of all reasonable,
economic use of the subject parceL All findings of fact shall be based on
substantial, competent evidence.
(6) Criteriafor review: The Special Master shall make specific findings of fact and
conclusions oflaw regarding the following criteria:
a. Whether the 2010 Comprehensive Plan or 2010 Land Development
Regulation substantially advances a legitimate government interest; and
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Vested Rights - StatU (Draft 11/14/97)
b, Whether the 2010 Comprehensive Plan or 2010 Land Development
Regulation denies all reasonable economic use of the property.
(7) Relevant parcel: To determine the relevant parcel, the determination should focus
on "the parcel as a whole" and not on particular segments or portions of the parcel
(unless the circumstances involve a physical occupation ofland). Three factors
should be considered to determine whether individual platted lots should be
combined and considered to be one parcel for the purposes of a beneficial use
determination:
a, "Physical continuity;"
b, "Unity of ownership;" and
c, "Unity of use," i.e" platted urban lots are typically considered separate
uses, but can be combined for purposes of a beneficial use determination if
the lots are part of a larger parceL For platted lots, this determination
should be based on an analysis of the following factors established by the
Florida Supreme Court, which must be applied to the particular facts and
circumstances of each case on a case-by-case basis:
1. Intent of the landowner;
2. The adaptability of the property;
3, Dependence between parcels;
4. The "highest and best use" of the property;
5, Zoning;
6. The appearance of the land;
7. Actual use of the land; and
8. "The possibility of [lots] being, , , combined in use 'in the
reasonably near future"
See, Division of Administration. Department of Transportation v,
Jirik, 498 So. 2d 1253 (Fla, 1986),
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Vested Rights - StaiU (Draft 11/14197)
(8) Analysis: Once the relevant parcel is determined, the Special Master must analyze:
a. The economic impact of the regulation on the applicant; and
b, The extent to which the regulation has interfered with the applicant's
investment-backed expectations, including any relevant factors such as:
1. The history of the property:
When was it purchased?
How much land was purchased?
Where was the land located?
What was the nature oftitle?
What was the composition of the land and how was it
initially used?
2, The history of development:
What was built on the property and by whom? How was it
subdivided and to whom was it sold?
What plats were filed?
What roads were dedicated?
3, The history of zoning and regulation:
How and when was the land classified?
How was use proscribed?
What changes in classifications occurred?
4, How did development change when title passed?
5. What is the present nature and extent of the property?
6, What were the reasonable expectations of the landowner under
state common law?
7. What were the reasonable expectations of the neighboring
landowners under state common law?
8. What was the diminution in the investment-backed expectations of
the landowner, if any, after passage of the regulation?
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Vested Rights - StatTZ (Draft 11/14/97)
9, What was the appraised fair market value immediately before and
immediately after the effective date of the regulation?
See, Reahard v. Lee County, 968 F. 2d 1131 (11th Cir, 1992).
(9) Proposed Determination: The applicant must demonstrate that the 2010
Comprehensive Plan or the 2010 Land Development Regulations deprive the
applicant of all reasonable economic use of the property in order to establish that
the applicant is entitled to relief The applicant and the County may submit
memoranda oflaw or briefs on "current land use case law" relevant to the
particular facts and circumstances of each application. The Special Master shall
make findings of fact and conclusions of law and present a "Proposed Beneficial
Use Determination", including any proposed remedy or relief, to the Board of
County Commissioners which shall make the "Final Beneficial Use Determination",
(10) The "Proposed" and "Final Determinations" shall specify the monetary relief,
development rights or other beneficial use that is awarded in the determination,
including:
a, The geographic scope of the determination, i,e" whether the applicant is
entitled to develop on the entire parcel or whether a portion of the parcel
must be preserved, If the development is limited to a portion of the parcel
or an exaction is required, a finding based on competent, substantial
evidence must be made that:
1, There is a rational connection between the governmental purpose
and the exaction or the area to be preserved, and
2, An exaction must be "roughly proportional" to the impact of the
project on the protected resource or needed facilities;
b. The substantive scope of the determination, including whether the
landowner is entitled to develop one or more uses at a particular density,
and whether the development is subject to concurrency or building permit
allocation requirements;
c. The duration of the determination and an expiration date(s) to ensure that
construction both begins and is completed in a reasonable time;
d. Quarterly reporting requirements to ensure that the development meets
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Vested Rights - StatU (Draft 11/14197)
construction deadlines contained in the Code and is continuing in good
faith; and
e, The applicability of existing and future Land Development Regulations,
including any building permit allocation ordinances; and
f Any other limitations or conditions necessary to ensure compliance with
other comprehensive plan requirements and land development regulations.
(11) Final Determination: The Board of County Commissioners shall review the
Special Master's "Proposed Beneficial Use Determination" and enter a "Final
Beneficial Use Determination",
(12) Judicial Review: The "Final Beneficial Use Determination" shall be subject to
judicial review by petition for writ of certiorari in a court of competent jurisdiction,
(c) Remedies:
(1) If application of the 2010 Comprehensive Plan or 2010 Land Development
Regulation results in deprivation of all reasonable economic use of the property,
the following remedies may be granted, unless the deprivation is required to
prevent a nuisance under Florida law, (in which case no relief is required):
a, Just compensation by purchase of all, or a portion of, the lots or parcels or
development rights at the fair market value immediately prior to the
effective date of the 2010 Comprehensive Plan policy, objective or 2010
Land Development Regulation at issue,
Just compensation shall be the preferred option where:
1. Beneficial use has been deprived by operation of environmental
policies or objectives contained in the 2010 Comprehensive Plan or
Article VII, Division 8 of the implementing Land Development
Regulations ("Environmental Criteria"); or
2, Ifa strict, literal application or enforcement of the 2010
Comprehensive Plan or 2010 Land Development Regulations is
required to protect the public health, welfare or safety.
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Vested Rights - Staft'2 (Draft 11/14/97)
b. If just compensation is not preferred, the determination may allow for
additional use(s) or density beyond that allowed by a strict, literal
application of the 2010 Comprehensive Plan or 2010 Land Development
Regulations on this particular property, i,e., some reasonable economic
use, which may include the granting of:
1. Variance; or
2, Exemption; or
3, Permit for development; or
4. Transferable development right (fiR); or
5, Any combination of the above; or
6, Any other relief the County determines appropriate and adequate to
prevent a taking and which will allow for reasonable economic use
of the subject property under the goals, objectives and policies of
the 2010 Comprehensive Plan or the 2010 Land Development
Regulations.
(2) Development approved pursuant to a "Final Beneficial Use Determination" shall
be:
a. The minimum use necessary to prevent a taking (for example, the
determination should not allow a hotel if a single family home provides a
reasonable economic use of the property); and
b, Consistent with all other objectives and policies of the 2010
Comprehensive Plan, and the 2010 Land Development Regulations, unless
specifically exempted in the "Final Beneficial Use Determination",
(3) If the deprivation is required to prevent a nuisance, no relief is required,
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Vested Rights - Stafn (Draft 11/14197)
Section 6. Monroe County Code ~9.5-181 is hereby deleted and replaced with the following:
DIVISION 3, VESTED RIGHTS
Section 9.5-181. Vested Rights Determinations.
(a) Purpose: The purpose of this ordinance is to provide an administrative remedy and
procedure to protect vested development rights, which the applicant had acquired 'prior to
adoption of the 2010 Comprehensive Plan and 2010 Land Development Regulations under
current land use case law, A project that is vested may proceed subject to the previous
comprehensive plan and land development regulations despite the adoption of the 2010
Comprehensive Plan or 2010 Land Development Regulations,
(b) Limitation: Pursuant to Policy 101. 18,1 (1) of the 2010 Comprehensive Plan, an
application for vested rights must have been filed within one (1) year of the effective date
of the 2010 Comprehensive Plan, i,e., January 4, 1996, or the effective date of the 2010
Land Development Regulations or one year from the effective date of any future
amendments to the 2010 Comprehensive Plan or 2010 Land Development Regulations,
Section 7. Monroe County Code 9,5-182 is hereby deleted and replaced with the following:
Section 9.5-182. Procedure for Vested Rights Determinations.
(a) Application: The application for a vested rights determination shall be in a form specified
by the director of planning and shall be accompanied by a nonrefundable fee as established
from time to time by the Board of County Commissioners to defray costs associated with
the application.
(b) Consideration of an Application for Relief
(1) Completeness Review: The director shall determine whether the application is
complete or whether additional information is required to make a vested rights
determination,
(2) Additional Information: If the application is not complete, or insufficient to make
a vested rights determination in a particular case, the director shall notify the
applicant in writing and request any necessary additional information,
Page 10 ofl7
Vested Rights - StafU (Draft 11/14/97)
(3) Special Master: Once a complete application is submitted and reviewed by staff, it
shall be referred to a Special Master appointed by the Board of County
Commissioners. The Special Master shall be responsible for scheduling a public
hearing for the application,
(4) Notice: The County shall provide notice of the public hearing pursuant to Ch,
125,66 of the Florida Statutes, The cost of such notice shall be borne by the
applicant.
(5) Hearing: The Special Master shall hold an evidentiary hearing and shall allow
sworn testimony and cross-examination, Public comments can be submitted in
writing or can be made in person at the conclusion of the hearing, The applicant
shall have the burden of proving that this applicant had acquired a vested right
prior to adoption of the 2010 Comprehensive Plan and 2010 Land Development
Regulations under the standards and criteria set forth in Code ~9,5-183, All
findings of fact shall be based on substantial, competent evidence.
(6) Proposed Determination: The applicant and the County may submit memoranda
oflaw or briefs on "current land use case law" that is relevant to the particular
facts and circumstances of the application at issue, The Special Master shall make
findings of fact and conclusions of law and present a "Proposed Vested Rights
Determination" to the Board of County Commissioners which shall make the
"Final Vested Rights Determination",
(7) Criteria for review: The Both the "Proposed Vested Rights Determination" and
the "Final Vested Rights Determination" shall specify the development rights that
are vested, including:
a. The geographic scope of the determination, i,e., whether the applicant has
vested rights to develop on the entire parcel or only on a portion of the
parcel;
b. The substantive scope of the determination, including whether the
development is vested for a particular use or density, and whether the
development will be subject to concurrency building permit allocation or
other requirements (the applicant will be subject to all requirements not
expressly set forth in the "Final Vested Rights Determination");
Page 11 ofl7
Vested Rights - Stain (Draft 11/14/97)
c, The duration of the determination and an expiration date( s) to ensure that
construction both begins and is completed in a timely manner;
d, Quarterly reporting requirements to ensure that the development is
continuing in good faith and meets construction and inspection deadlines
contained in the Monroe County Code chapter 6;
e. The applicability of existing and future County Land Development
Regulations implementing the 2010 Comprehensive Plan, including building
permit allocation ordinances; and
f Any other limitations or conditions necessary to ensure compliance with
other comprehensive plan requirements and land development regulations.
(8) Final Determination: The Board of County Commissioners shall review the
Special Master's "Proposed Vested Rights Determination" and enter a "Final
Vested Rights Determination".
(9) Judicial Review: The "Final Vested Rights Determination" shall be subject to
judicial review by a petition for writ of certiorari in a court of competent
jurisdiction.
Section 8. Monroe County Code 9,5-183 is hereby deleted and replaced with the following:
Section 9.5-183. Standards and Criteria for Vested Rights.
(a) A determination of vested rights shall be based upon one or more "official acts" of the
County prior to the effective date of the 2010 Comprehensive Plan, or the 2010
Comprehensive Plan Amendment at issue,
(b) The vested rights determination shall be limited to rights acquired prior to adoption of the
2010 Comprehensive Plan and shall vest only that development specifically and expressly
contemplated by the valid, unexpired "official act" of the County,
(c) The applicant shall have the burden of proof to demonstrate that:
(1) There is a valid, unexpired "official act" of the County approving the proposed
development that occurred prior to the effective date of the Comprehensive Plan,
i,e., January 4, 1996, To be a "valid" act, the act must have been in compliance
Page 12 of 17
Vested Rights - Stafl'2 (Draft 11/14197)
with the land development regulations that existed at the time of approval, and the
approval must have been issued by an official or commission properly delegated
with the authority to issue the approval. Anyone of the following may constitute
an "official act" of the County for purposes of the vested rights determination:
a, A valid, unexpired building permit issued prior to the effective date of the
2010 Comprehensive Plan, i.e., January 4, 1996; or
b. One or more valid, unexpired permits or approvals issued by the County,
except that mere approval of a land use designation, map amendment,
zoning designation or rezoning is insufficient to establish vested rights
without additional permits or approvals for a specific development project
(i.e" mere zoning cannot be considered an "official act" that can form the
basis of a vested rights determination); or
c, A subdivision plat recorded in the official records of the County, which
fulfills the criteria set forth in Florida Statutes 9 380.05 (18), may be an
"official act" except that individual lots within the subdivision must also
demonstrate that this applicant acquired a vested right to build on the
individual lot by obtaining additional governmental approvals or official
acts concerning development on the individual lot prior to adoption of the
2010 Comprehensive Plan, and an applicant must still demonstrate
compliance with (b), ( c) and (d) of this section with respect to development
on each individual lot; or
d, A valid, unexpired vested rights determination approved pursuant to the
1986 Comprehensive Plan and Land Development Regulations, Code 99
9,5-181 through 9,5-184; and
(2) This applicant:
a. Relied upon the official act in "good faith," (for example, the applicant
must not have notice or knowledge of an imminent or pending change in
zoning, allowable uses or density, etc, A change is "imminent" or
"pending" if notice of the change was published or there are active and
documented efforts to develop and approve the proposed change at the
time the property was purchased or expenses were incurred); and
b, Had a reliance that was "reasonable;" (for example, the applicant cannot
purchase the property, enter into contracts or incur additional obligations
Page 13 of 17
Vested RiIJrta - StafU (Draft 11/14197)
after the 2010 Comprehensive Plan was pending or became effective); and
(3) This applicant incurred such "substantial obligations and expenditures" that it
would be highly inequitable or unjust to require that the development conform with
the 2010 Comprehensive Plan and 2010 Land Development Regulations, i,e" the
applicant must demonstrate that:
a. Application of the 2010 Comprehensive Plan or 2010 Land Development
Regulations would prevent or prohibit the applicant from completing the
proposed development. If the applicant could still complete the proposed
development under the 2010 Comprehensive Plan or 2010 Land
Development Regulations without undue hardship by making mere
modifications to the development plan, the applicant cannot demonstrate a
vested right and must make the modifications required by the 2010
Comprehensive Plan and 2010 Land Development Regulations; and
b, Substantial changes.ofposition or expenditures incurred prior to the
"official act" upon which the vested rights claim is based are undertaken at
the applicant's own risk and will not be considered in making a vested
rights determination; and
(4) Development of this project has commenced and has continued in good faith
without substantial interruption.
Section 9. Monroe County Code ~9.5-184 is hereby deleted and replaced with the following:
Section 9.5-184. Limitations on Vested Rights Determinations,
(a) Unless the governmental act and "Final Vested Rights Determination" expressly addresses
the subject matter and specific requirements (as set forth in Comprehensive Plan Policies
101.18.1, 101.18,2 and 101.18,3), a vested rights determination shall not preclude
Monroe County from requiring compliance with subsequently adopted Land Development
Regulations, impact fees or other requirements. Nor shall the county be prevented from
applying new plan provisions or land development regulations to abate a nuisance or
respond to a "new peril" endangering the public health, safety or welfare that arises
subsequent to the original approval or vested rights determination, A separate, additional
Vested Rights Determination may be required to establish a vested right under other
subsequent plans, or amendments to the comprehensive plan or land development
regulations that may be adopted in the future subsequent to a vested rights determination,
Page 14 of17
Vested Rights - StatU (Draft 11/14197)
(b) Developments of Regional Impact: Landowners with a valid, unexpired Development of
Regional Impact (DR!) approval shall have vested rights in the DR!, but only with respect
to that portion of the DR! that is expressly addressed in the DR! approval, Amendments
to a DR! adopted after January 4, 1996 must comply with the 2010 Comprehensive Plan
and 2010 Land Development Regulations existing at the time of the proposed DR!
amendment.
(c) Building Permit Allocation Ordinances: The applicant must comply with the Residential
Dwelling Unit Allocation Ordinance, Code 99,5-120 or submit a separate vested rights
application that complies with the provisions of Code 99,5-121(t), or any other building
permit building permit allocation ordinances that may be adopted.
(d) A vested right determination shall expire and become null and void unless construction is
actually commenced within two (2) years of the date the "Final Vested Rights
Determination" is made and construction meets all other deadlines and inspection
requirements established by Monroe County Code chapter 6 or the "Final Vested Rights
Determination" pursuant to Code 99,5-182(b)(7).
Section 10. If any section, subsection, sentence, clause or provision of this Ordinance is held
invalid, the remainder of this Ordinance shall not be affected by such invalidity,
Section 11. All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 12. The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto. The person
authorized to prepare the supplement (i.e" Municipal Code Corporation) is hereby authorized to
make nonsubstantive changes insofar as it is necessary to embody this ordinance into the existing
Code of Ordinances, For example, the Municipal Code Corporation may:
1, Organize the ordinance material into appropriate subdivisions;
2, Provide appropriate catchlines, headings and titles for sections and other
subdivisions of the Code printed in the supplement, and make changes in such
catchlines, headings and titles;
3, Assign appropriate numbers to sections and other subdivisions to be inserted in the
Code and, where necessary to accommodate new material, change existing section
or other subdivision numbers; and
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Vested Rights - StalU (Draft 11/14197)
4, Change the words "this ordinance" or words of the same meaning to "this
chapter", "this article", "this division", etc" as the case may be, or to
"sections_to _" (inserting section numbers to indicate the sections of the
Code which embody the substantive sections of the ordinance incorporated into
the Code).
However, in no case shall the person make any material change in the meaning or effect of
this ordinance,
Section 13. Effective date. This Ordinance shall take effect immediately upon approval under
Florida Statutes Chapter 380 and receipt of official notice from the Office of the Secretary of
State of the State of Florida that this Ordinance has been filed with said office.
Section 14. The Clerk of the Board is hereby directed to transmit a certified copy of this
Ordinance to the Florida Department of Community Affairs,
Section 15. The Clerk of the Board is hereby directed to transmit a certified copy of this
Ordinance to the Secretary of State of the State of Florida,
Page 16 of 17
Vested Rights - Staff2 (Draft 11/14/97)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of the Board held on the 12th day of November , A.D., 1997.
Mayor London yes
Mayor Pro Tern Harvey yes
Commissioner Douglass yes
Commissioner Freeman yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONRO COUNTY, FLORIDA
~
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Sb~c. Dv~~
DEPUTY CLERK "
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY~
Page 17 of17
1Dannp JL. 1&olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL, (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD SlREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
December 19, 1997
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 052-1997, adopting Land
Development Regulations to implement the Beneficial Use and Vested Rights Provisions
of the 2010 Comprehensive Plan; Establishing Procedures, Standards and Criteria for
Beneficial Use and Vested Rights Detenninations.
This Ordinance was adopted by the Monroe County Board of County ,
Commissioners at a Regular Meeting in fonnal session on November 12, 1997. Please
file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
~oLJ. C. M~
Deputy Clerk
cc: Board of County Commissioners
County Administrator
County Attorney
"Growth Management Director
./ File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
()Hkl' of thl' St'CCd.lf\'
()tficl' of Intl'nhltion~ll Relations
Di\'ision of Administrllti\'l' St'f\'icl's
Di,"isillll llf Corpor.,tillI1S
Di,'isioll llf CultUf,ll AH.lirs
Di,'isillll of Elections
Di,'isioll of Ilistorir,lll.{l'SllllfCl'S
Di\'isillll llf Libr.1rY .lnd InforTll.ltillll St.'f\'icl.'s
Di,ision of licl'nsing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Prl"sl'rviltion Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Hish)ric Tilllahassl'l' I)resefvati(ln B()ard
Historic TJmpJ/Hillsborough County
Preservation Board
Ringling Museum of Art
December 26, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated December 19, 1997, and certified copy of Monroe County Ordinance No.
97 -52, which was filed in this office on December 24, 1997.
Sincerely,
~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 . (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fI.us . E-Mail: clcctioll@l/Iail.dos,statcfl.lIs