The Countywide Plan Rules


Article 6 – Plan Administration


DIV. 6.1 – GENERAL PROVISIONS DIV. 6.2 – PLANNERS ADVISORY COMMITTEE

DIV. 6.3 – INTERPRETATIONS DIV. 6.4 – ADJUSTMENT OF INTENSITY STANDARDS DIV. 6.5 – NONCOMFORMITIES TO THE COUNTYWIDE FLUP AND RULES DIV. 6.6 – MONITORING AND REVIEW PROVISIONS DIV. 6.7 – ENFORCEMENT DIV. 6.8 – RULE AMENDMENTS DIV. 6.9 – VESTED RIGHTS


DIV. 6.1 GENERAL PROVISIONS.
 
SEC. 6.1.1 COMPLIANCE.
 
6.1.1.1

All land development and land use in Pinellas County shall be in accordance with these Countywide Rules, subject to the provisions of Division 6.5.
  
6.1.1.2

All local government future land use plans and land development regulations shall be consistent with the Countywide Plan Map and Countywide Rules. Subsequent to any amendment to the Countywide Rules, all local governments shall have one (1) year to amend their future land use plan and/or land development regulations as may be necessary to become consistent with the amended Countywide Rules. Such local government plan and/or regulation amendments shall be processed according to the terms contained in Article 3 herein.

  
6.1.1.3

Any land development or land use not in accordance with these Countywide Rules and any local future land use plan and land development regulations not consistent with these Countywide Rules, as set forth above, is subject to enforcement pursuant to Division 6.7.

 
SEC. 6.1.2 MORE RESTRICTIVE LOCAL PLANS/REGULATIONS.
   

Local governments may enact and enforce more detailed and more restrictive comprehensive plans and land development regulations than the Countywide Plan Map and these Countywide Rules.

    
SEC. 6.1.3   DENSITY/INTENSITY AVERAGING.
  

Density/intensity averaging is permitted between all Countywide Plan Map categories except Preservation, Recreation/Open Space, Central Business District and Community Redevelopment District. The entire area under consideration must be considered as one project by the local government in which the property is located, must be under master site plan or unity of title, and the total dwelling unit count, floor area, and impervious surface, shall not exceed what is otherwise allowed under the Countywide Plan Map for the total area under consideration.

All uses for projects involving density/intensity averaging shall be consistent with the use characteristics permitted within the respective Countywide Plan Map categories involved in the density/intensity averaging.

Mixed uses shall not exceed, in combination, the respective number of units per acre, floor area ratio, and impervious surface ratio permitted, when allocated in their respective proportion to the total lot area.

Any project utilizing density/intensity averaging shall require written evidence of the averaging in a document to be recorded in the public records with the Clerk of the Circuit Court for Pinellas County and a record copy of same shall be filed with the PPC.

 
SEC. 6.1.4 TRAFFIC GENERATION CHARACTERISTICS.
 
6.1.4.1

Utilization of Traffic Generation Characteristics. The traffic generation characteristics contained in each category will be utilized to review Countywide Plan Map amendments for that category and are based upon and will be applied according to the methodology set forth in the current Traffic Characteristics for the Countywide Future Land Use Plan study prepared in support of these Countywide Rules and approved by the Council. Nothing herein shall preclude an applicant local government from submitting additional traffic generation data based on local government concurrency management standards or site specific conditions as part of an application for Countywide Plan Map amendment.

 
6.1.4.2

Traffic Studies. A third party traffic impact study may be completed by the local government requesting the amendment or by a qualified professional engineer or planner selected by the applicant.

The third party responsible for completing the study shall attend a methodology meeting with the MPO and PPC staffs to discuss the reason for the study, study submittal requirements, and to obtain closure on all issues pertaining to the study. The responsible third party shall submit a methodology letter to the MPO and PPC staffs documenting the items discussed and agreements reached at the meeting, and prepare the study according to such discussion and agreements.

 
  The submittal requirements for the study are as follows:
 
  1.

Table of Contents, including reference to all sections, tables, figures, and appendices, as appropriate;

 
  2.

Summary of relevant findings and recommendations;
 
  3.

The main report narrative, including, as appropriate, tables and figures, and a summary of all field data;
 
  4.

Report appendices, as appropriate, including detailed information concerning field data; and
 
  5.

Five (5) copies of the final report with distribution as follows: two (2) copies to the MPO and three (3) copies to the PPC.

 
 

The process for MPO and PPC review of third party traffic impact studies, including dispute resolution, shall be according to the steps set forth in the current Traffic Characteristics for the Countywide Future Land Use Plan study.

 
 
DIV. 6.2 PLANNERS ADVISORY COMMITTEE.
 

Directors of individual local government planning departments shall be members of the Planners Advisory Committee. The Planners Advisory Committee may, at the direction of the PPC, perform a professional planning review of such PPC staff recommendations as are to be acted on by the PPC and such other duties assigned to it by the PPC consistent with the provisions of Section 6(2), Chapter 88-464, Laws of Florida, as amended.

 
 
DIV. 6.3 INTERPRETATIONS.
 
SEC. 6.3.1 AUTHORITY.

 

The Executive Director shall have the authority to make all interpretations of the text of the Countywide Plan, including all elements thereof, the Countywide Plan Map, these Countywide Rules, and the boundaries of land use categories on the Countywide Plan Map.

 
SEC. 6.3.2 INITIATION.
 

An interpretation may be requested from the Executive Director by any local government, the PPC, or the CPA.

 
SEC. 6.3.3 PROCEDURES.
 
6.3.3.1 

Submission of Request for Interpretation. Requests for interpretation shall be submitted in writing to the Executive Director, in a form established by him.

 
6.3.3.2

Determination of completeness. Within five (5) days after a Request for Interpretation has been received, the Executive Director shall determine whether the request is complete. If the Executive Director determines that the request is not complete, he shall provide written notice to the applicant specifying the deficiencies. The Executive Director shall take no further action on the Request for Interpretation until the deficiencies are remedied.

 
6.3.3.3

Rendering of Interpretation. Within thirty (30) days after the Request for Interpretation has been determined complete, the Executive Director shall review and evaluate the request in light of the Countywide Plan, including the Countywide Plan Map, these Countywide Rules, and the other elements of the Plan, and render an interpretation. The Executive Director may consult with Legal Counsel for the PPC.

 
SEC. 6.3.4 FORM.
  
The interpretation shall be in writing and shall be sent to the applicant.
 
SEC. 6.3.5 OFFICIAL RECORD.
 

The Executive Director shall maintain an official record of all interpretations in the PPC Offices. The official record shall be available for public inspection during normal business hours. A copy of any official interpretation shall be transmitted to each local government for their information and records.

 
SEC. 6.3.6 APPEAL OF INTERPRETATION.
 
6.3.6.1

Appeal to PPC. Within thirty (30) days after issuance of a written interpretation by the Executive Director, the applicant may appeal the interpretation to the PPC. The PPC shall hold a public meeting on the appeal and shall consider the interpretation of the Executive Director and public testimony in light of the Countywide Plan, any elements or portions thereof, these Countywide Rules, and pertinent laws, whichever is applicable. The PPC may adopt the Executive Director’s interpretation, with or without modifications or conditions, or reject his interpretation. Any such interpretation by the PPC must be supported by substantial competent evidence and be consistent with the Countywide Plan, any elements or portions thereof, these Countywide Rules, or pertinent laws, whichever is applicable.

 
6.3.6.2

Appeal to CPA. Within thirty (30) days after the decision of the PPC, the applicant may appeal the interpretation to the CPA. The CPA shall hold a public hearing on the appeal and shall consider the interpretation of the Executive Director, the PPC, and public testimony in light of the Countywide Plan, any elements or portions thereof, these Countywide Rules, and pertinent laws, whichever is applicable. The CPA may adopt the PPC’s interpretation, with or without modifications or conditions, or reject its interpretation. Any interpretation by the CPA must be supported by substantial competent evidence and be consistent with the Countywide Plan, any elements or portions thereof, these Countywide Rules, or pertinent laws, whichever is applicable.

 
SEC. 6.3.7 RULES OF INTERPRETATION.
 
6.3.7.1 

Generally. In construction and interpretation of the language of the Countywide Plan, including elements thereof, the Countywide Plan Map, and these Countywide Rules, the rules established in this division shall be observed unless such construction would be inconsistent with Chapter 88-464, Laws of Florida, Laws of Florida, as amended, as expressed in said statute, any ordinances or resolutions adopted thereunder, the Countywide Plan, or an element or portion thereof, or Chapters 163, Part II, and 186, Florida Statutes and Rules 9J-5 and 9J-24, F.A.C., as applicable. The rules of interpretation and definitions established herein shall not be applied to any express provisions excluding such interpretation or construction, or where the subject matter or context of such section is repugnant thereto.

All provisions, terms, phrases and expressions contained in these rules shall be liberally construed in order that the true intent and meaning of the PPC and CPA may be fully carried out. Terms used in these Countywide Rules, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this State for the same terms.

In the interpretation and application of any provision of these Countywide Rules, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these Countywide Rules, the Countywide Plan, or element or portion thereof, or any other law or regulation in effect in incorporated or unincorporated Pinellas County, Florida, imposes greater restrictions upon the subject matter than any other provision of these Countywide Rules, the Countywide Plan, or element or portion thereof, or any other law or regulation in effect in the incorporated or unincorporated Pinellas County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

In all circumstances, the provisions of these Countywide Rules shall be interpreted and construed to be consistent with the Countywide Plan and Chapter 88-464, Laws of Florida, as amended. These Countywide Rules are not required to comply with Chapter 163, Part II, F.S., and Rules 9J-5 and 9J-25 F.A.C., but shall not conflict therewith. Where any provision(s) of these Countywide Rules are determined to be in conflict with Chapter 88-464, Laws of Florida, as amended, or Chapter 163, Part II, F.S., the applicable provisions of these respective laws shall control.

 
6.3.7.2 

Text. In case of any difference of meaning or implication between the text of the Countywide Plan, or elements or portions thereof, or these Countywide Rules, and any figure, the text shall control.

 
6.3.7.3

Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

 
6.3.7.4

Day. The word “day” shall mean a calendar day.

 
6.3.7.5 

Delegation of Authority. Whenever a provision appears which requires or designates the Executive Director or some other PPC officer or employee to do some act or perform some duty, it shall be construed to authorize the Executive Director or other officer or employee to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

 
6.3.7.6

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

 
6.3.7.7

Month. The word “month” shall mean 30 calendar days, unless a calendar month is indicated.

 
6.3.7.8

Non-Technical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

 
6.3.7.9

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

 
6.3.7.10

Shall, may. The word “shall” is mandatory; “may” is permissive.

 
6.3.7.11

Tense. Words used in the past or present tense include the future as well as the past or present.

 
6.3.7.12 

Week. The word “week” shall be construed to mean seven (7) calendar days.

 
6.3.7.13

Written or In Writing. The term “written” or “in writing” shall be construed to include any representation of words, letters or figures whether by printing or other form or method of writing.

 
6.3.7.14

Year. The word “year” shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated.

 
SEC. 6.3.8  RULES FOR INTERPRETATION OF THE COUNTYWIDE PLAN MAP AND COUNTYWIDE PLAN MAP BOUNDARIES.
 

Interpretations regarding the Countywide Plan Map or the boundaries of categories on the Countywide Plan Map shall be made by the Executive Director or his designee based on the official Countywide Plan Map and in accordance with the provisions of this section. The official record shall govern in the event of any discrepancy between the official action taken by the PPC and CPA and the printed Countywide Plan Map.

 
6.3.8.1

Category Rules Extend to all Portions of Category Surrounded by Boundaries. Except as otherwise specifically provided, a category symbol, color or name shown within category boundaries on the Countywide Plan Map indicates that category regulations pertaining to the category extend throughout the whole area surrounded by the boundary line. The official Countywide Plan Map shall be the final determinant of Countywide Plan Map category boundaries.

 
6.3.8.2

Interpretation. Where uncertainty exists as to the boundaries of land use categories as shown on the Countywide Plan Map, the following rules shall apply:

 
6.3.8.2.1 

Boundaries indicated as approximately following dedicated streets, highways, alleys, or rights-of-way shall be construed as following the lot or parcel lines of the property adjacent to such right-of-way. In case of a street vacation, the boundary shall be construed as moving with the ownership.

 
6.3.8.2.2 

Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines. In the event of street vacation, interpretation shall be as provided in Sec. 6.3.8.2.1.

 
6.3.8.2.3

Boundaries indicated as approximately following City or County limits shall be construed as following such City or County limits.

 
6.3.8.2.4 

Boundaries indicated as following physical features other than those listed above shall be construed as following such physical features, except as such may be more specifically determined by survey.

 
6.3.8.2.5 

Distances not specifically indicated on the Countywide Plan Map shall be determined by the scale of the map on the page of the map showing the property in question.

 
6.3.8.3

Water/Drainage Features. Water bodies and drainage features depicted on the Countywide Plan Map may be generalized. If required to make a more definitive interpretation than is possible from the official Countywide Plan Map, the Countywide Stormwater Management Plan, comprised of the Pinellas County Master Drainage Plan and subsequent Watershed Management Plans, Stormwater Management Elements of the respective local government Comprehensive Plans, individual site inspection and survey at the time of amendment, or final site plan or other authorized development order action of the local government with jurisdiction, shall be determinative of actual location, subject to the provisions of subsection 6.3.8.6 below.

 
6.3.8.3.1 

The Water/Drainage Feature category may be added, deleted or adjusted on the Future Land Use Plan map in accord with a stormwater management project based on the request of the local government(s) with jurisdiction through the map adjustment process based on the approved plan(s) for such project. Nothing in these Countywide Rules shall require a local government with jurisdiction to seek or obtain a Countywide Plan Map amendment or adjustment in advance of a project to create, expand, reconfigure or otherwise establish a body of water and/or drainage feature in connection with a stormwater management project. Within one (1) year from the completion of any such project that would otherwise be required to be shown on the Countywide Plan Map, the local government(s) with jurisdiction shall forward the appropriate designation to the PPC to be officially accepted and recorded on the Countywide Plan Map through the map adjustment process as set forth in subsection 6.3.8.6.

 
6.3.8.4

Transportation Facilities. All existing highways and non-vehicular rights-of-way and easements shall be as depicted on the Countywide Plan Map. All proposed highways and nonvehicular rights-of-way and easements depicted on the Countywide Plan Map may be generalized and the current Metropolitan Planning Organization Long Range Transportation Plan shall be determinative of all proposed highway facility locations, classifications, and rights-of-way.

 
6.3.8.5

Preservation and Recreation/Open Space Areas. The Preservation and Recreation/Open Space categories as depicted on the Countywide Plan Map frequently denote and are intended to delineate natural and physical characteristics and may be generalized. If required to make a more definitive interpretation than is possible from the official Countywide Plan Map, individual site inspection and survey at the time of amendment or final site plan or other authorized development order action of the local government with jurisdiction shall be determinative of actual location, subject to the provisions of subsection 6.3.8.6 below.

 
6.3.8.6

Map Adjustment Consistent With Boundary Interpretation. The provisions set forth above relative to plan map boundary adjustments for Water/Drainage Feature, Preservation and Recreation/Open Space categories shall not be deemed map amendments; provided that such boundary adjustments are:

 
•  

Related to and consistent with a jurisdictional boundary determination under state agency rules which is consistent with such rules; or

 
•  

Related to and consistent with an approved site or project plan for a body of water or drainage feature; or

 
•  

Related to and consistent with the purpose and characteristics of the particular category being adjusted and, absent a determination by the Executive Director to the contrary, based upon a finding by the local government with jurisdiction or its designee that such adjustment is diminimus in extent and affect.

 

Upon approval of a final site plan or other authorized development order action of the local government with jurisdiction, the established boundary survey or approved plan shall be forwarded to the PPC. Any adjustments to the Countywide Plan Map deemed necessary to more accurately reflect the boundary interpretation or approved plan on the Countywide Plan Map will be considered for official acceptance by the CPA, upon recommendation by the PPC, during the annual map update process referenced in Section 2.2.2.
 
6.3.8.6.1 

Determinations by the Executive Director under subsection 6.3.8.6 are interpretations governed by Division 6.3. Any map boundary adjustment determined under the applicable provisions of these Countywide Rules for interpretation to be of such significance as to require plan map amendment, shall comply with the otherwise applicable provisions of these Countywide Rules for map amendment.

 
6.3.8.7

Cases Not Covered by 6.3.8.1 through 6.3.8.6. In cases not covered by Sec. 6.3.8.1 through 6.3.8.6, or where the property or street layout existing on the ground is at variance with that shown on the Countywide Plan Map, the interpretation of the Countywide Plan Map shall be in accordance with the purpose and intent of the Countywide Plan Map, these Countywide Rules, and Chapter 88-464, Laws of Florida, as amended.

 
 
DIV. 6.4 ADJUSTMENT OF INTENSITY STANDARDS.
 
SEC. 6.4.1 APPLICABILITY.
 

In specific cases, an adjustment from the terms of the floor area ratio (FAR) standards and the impervious surface ratio (ISR) standards of these Countywide Rules as will not be contrary to the public interest may be granted by the appropriate local government governing body, or their designee, authorized to hear and determine such adjustments, where, owing to special conditions peculiar to the property, a literal enforcement of such FAR and ISR standards would result in unnecessary and undue hardship. No adjustment from the terms of these Countywide Rules or the Countywide Plan Map shall be granted or otherwise allowed for uses, densities, or any other matter except for FAR standards and ISR standards as set forth in these Countywide Rules. An adjustment from the FAR standards and ISR standards of these Countywide Rules may be granted by the appropriate local government governing body, or their designee, based on the requirements of this division.

 
SEC. 6.4.2 LOCAL GOVERNMENT REQUIRED PROCEDURES.
 
6.4.2.1

Initiation. An adjustment may be requested from any local government governing body or their designee by any affected person, resident, developer, landowner, or any person having a contractual interest in land within the jurisdiction of such local government as provided for by the local government.

 
6.4.2.2

Submission of Application. Before an application for adjustment shall be heard by the appropriate local government governing body or their designee, a written application for adjustment shall be submitted to such local government in a form established by the local government.

 
6.4.2.3

Notice of Public Hearing. After the application for adjustment has been determined complete, the local government shall provide notice of such public hearing as may be required before the local government governing body, or their designee, in accordance with the notice requirements for similar types of adjustments in that local government jurisdiction.

 
6.4.2.4

Determination by Local Government. After any required notice, the adjustment shall be considered by the local government governing body or their designee and shall be granted, granted with conditions, or denied. An adjustment under this division shall only be granted by the local government governing body, or its designee, when substantial competent evidence in the official record of the hearing supports findings consistent with the criteria in Section 6.4.3.1.

 
SEC. 6.4.3 LOCAL GOVERNMENT REQUIRED FINDINGS.
 
6.4.3.1

In order to grant an adjustment under this division, the local government governing body, or its designee, shall consider the following criteria:

 
1.

A literal interpretation of the provisions of the FAR and ISR standards as governed by these Countywide Rules would result in an undue hardship due to the unique nature of the project and the applicant’s property;

 
2.

The alleged hardship is not self-imposed by the applicant and does not result from an illegal act or the actions of the applicant;

 
3.

The adjustment, if allowed, will be the minimum adjustment that will make possible the reasonable use of the land, building or structure;

 
4.

The granting of the adjustment will be in harmony with the Countywide Plan Map and these Countywide Rules, the local government’s Comprehensive Plan, and the local government’s land development regulations, and will not be otherwise detrimental to the public interest or welfare;

 
5.

The adjustment, if allowed, shall not constitute an amendment to the local government’s comprehensive plan, land development regulations or to the Countywide Plan Map or Countywide Rules.

 
6.4.3.2

The local government land development regulations shall set forth these required findings, or contain an appropriate reference thereto, and require compliance therewith for any adjustment of the intensity standards of the Countywide Plan Map and these Countywide Rules.

 
SEC. 6.4.4 CONDITIONS AND SAFEGUARDS.
 

In granting any adjustment under this division, the local government governing body or their designee may prescribe appropriate conditions and safeguards in conformity with the Countywide Plan Map, the local government future land use plan and land development regulations, including, but not limited to, reasonable time limits within which action for which the adjustment is required shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the adjustment is granted, shall be deemed a violation of the Countywide Plan Map and these Countywide Rules.

 
SEC. 6.4.5 REPORTING REQUIREMENT.
 
6.4.5.1 

Submission. Each local government shall submit to the Executive Director copies of all adjustments to intensity standards granted by the local government which exceed the Countywide standards within thirty (30) days of approval.

 
6.4.5.2 

Review by Executive Director. All adjustments to intensity standards submitted by each local government which exceeded the Countywide Rules standards shall be reviewed by the Executive Director for compliance or noncompliance with this division and for consistency with the Countywide Plan Map and these Countywide Rules and this information made available to the PPC and CPA. In the event the Executive Director finds an adjustment to be noncompliant, a recommendation for appropriate action shall be furnished by the Executive Director to the PPC and the PPC shall in turn make an advisory recommendation to the CPA.

 
SEC. 6.4.6 OFFICIAL RECORD.
 

Upon receipt of a copy of an intensity standards adjustment that exceeded the Countywide standards, all such adjustments shall be maintained in an official record in the PPC offices.

 
 
DIV. 6.5 NONCONFORMITIES TO THE COUNTYWIDE PLAN MAP AND
COUNTYWIDE RULES.
 
SEC. 6.5.1 APPLICABILITY.
 
6.5.1.1

It is the intent of these Countywide Rules that existing land use, lots and structures nonconforming as to the Countywide Plan Map and these Countywide Rules be administered by the respective local government with jurisdiction. It is the further intent of these Countywide Rules that such local government administration provide for the means by which to regulate the expansion, alteration, replacement or discontinuance of such nonconformities in a manner that shall encourage consistency with the Countywide Plan Map and these Countywide Rules.

 
6.5.1.2

Nonconformities to the Countywide Plan Map and Countywide Rules shall be prohibited except as indicated in this division.

 
SEC. 6.5.2 NONCONFORMING USES, STRUCTURES AND LOTS.
 
6.5.2.1

All existing uses, structures and lots that are nonconforming to the Countywide Plan Map or these Countywide Rules shall be prohibited, except to the extent permitted to be continued, replaced, expanded or altered, and according to the limitations thereof, as provided for in the applicable local government future land use plan and land development regulations.

 
 
DIV. 6.6 MONITORING AND REVIEW PROVISIONS.
 
SEC. 6.6.1 REVIEW OF THE COUNTYWIDE PLAN MAP AND COUNTYWIDE RULES.
 

The Executive Director of the PPC shall review and prepare a report for the PPC on the Countywide Plan Map and these Countywide Rules no less than once every five (5) years.

The Executive Director shall review and prepare a report to the PPC on an annual basis concerning official interpretations rendered under these Countywide Rules, such report to include any recommended amendment of the Countywide Rules.

 
SEC. 6.6.2 REVIEW OF LOCAL PLANS AND REGULATIONS.
 

The Executive Director of the PPC shall, in conjunction with each local government, review the consistency of the local future land use plan and land development regulations on an as needed basis, as determined by the Council, to assure compliance with the Countywide Plan Map and these Countywide Rules.

 
SEC. 6.6.3 COORDINATION WITH OTHER AGENCIES.
 

The PPC shall coordinate all revisions to these Countywide Rules which deal with the Regional Policy Plan or the State Comprehensive Plan with the Tampa Bay Regional Planning Council (TBRPC) and the Department of Community Affairs (DCA) as is applicable.

 
 
DIV. 6.7 ENFORCEMENT.
 
SEC. 6.7.1 AUTHORITY.
 

Pursuant to Sections 10(2) and (3)(b) of Chapter 88-464, as amended and Section 5 of Pinellas County Ordinance No. 89-4, the Board of County Commissioners, acting as the Countywide Planning Authority, has the authority and responsibility to enforce the Countywide Plan, including the Countywide Plan Map and these Countywide Rules, through the appropriate civil action in the court or tribunal of appropriate jurisdiction. The enforcement action of the CPA shall be governed by Chapter 164, Florida Statutes, titled Governmental Disputes, when applicable.

 
SEC. 6.7.2 PROCEDURE.
 

The procedure for an enforcement action of the CPA may be initiated as follows:

 
1.

The PPC may recommend to the CPA to take enforcement action; or

 
2.

The CPA may take enforcement action notwithstanding number 1 above.

 
 
DIV. 6.8 RULE AMENDMENTS.
 
SEC. 6.8.1 INITIATION.
 

An amendment to these Countywide Rules may be initiated only by a local government pursuant to a formal resolution adopted by its governing body requesting and setting forth the specifics of such amendment, or by the PPC, or by the CPA.

 
SEC. 6.8.2  PROCEDURES.
 

The procedures for amendment of these Countywide Rules shall be as provided in Section 10 of Chapter 88-464, Laws of Florida, as amended. Subject to the more detailed provisions of Section 10 of Chapter 88-464, Laws of Florida, as amended, the public hearing and notice requirements for an amendment to these Countywide Rules require one (1) advertised public hearing before the PPC and two (2) advertised public hearings before the CPA, with special hearing and notice requirements specifically described in Section 10(5) of Chapter 88-464, Laws of Florida, as amended.

 
 
DIV. 6.9 VESTED RIGHTS.
 
SEC. 6.9.1 PURPOSE AND INTENT.
 
6.9.1.1

General. It is the purpose and intent of this division to provide a procedure for the determination of vested rights under and pursuant to the Countywide Plan and Countywide Rules.

 
6.9.1.2

Coordination With Local Procedures. This vested rights procedure is intended to coordinate any vested rights determination that may be made pursuant to an established procedure by a local government and to assure that such determination is made consistent with the Countywide Plan Map and Countywide Rules. It is further the intent of this division to avoid duplication of procedures to which a vested rights applicant may be subject, and to that end, provide a mechanism for intervention by the PPC in any initial vested rights action involving an administrative hearing by an independent third party at the local level or consideration by a court of competent jurisdiction.

 
SEC. 6.9.2 PROCEDURE FOR VESTED RIGHTS DETERMINATION.
 
6.9.2.1

Notice. Notice and determination of any implication of the Countywide Plan and Countywide Rules shall be as follows:

 
1.

Any local government that receives a timely application or notice of a claim for a vested rights determination as to it’s local comprehensive plan or land development regulations, shall forward notice and a summary description of such application or claim to the PPC within ten (10) days of receipt.

 
2.

The PPC staff shall determine whether the application or claim is timely filed under the Countywide Rules and whether the application or claim implicates the Countywide Plan and Countywide Rules based on the consistency criteria set forth in Article 4 of the Countywide Rules and so notify the local government within fifteen (15) days of receipt of notice from the local government.

 
3.

In the event the PPC staff determines the Countywide Plan and Countywide Rules are implicated, a complete copy of the application or claim for vested rights shall be forwarded to the Council upon request.

 
4.

If the local government does not agree with the PPC staff determination that the Countywide Plan and Countywide Rules are implicated, they may request a review and determination by the PPC, such determination to be made within sixty (60) days, but not less than ten (10) days, after the request by the local government for review and determination. Should the local government not agree with the PPC determination, the local government may, within thirty (30) days, appeal the PPC determination to the CPA. The determination of the CPA as to whether or not the vested rights application or claim implicates the Countywide Plan and Countywide Rules shall be final.

 
5.

Upon determination that the Countywide Plan and Countywide Rules are implicated, the local government shall notify the applicant that any determination by the local government is also subject to a vested rights determination by the CPA as to, and pursuant to, the Countywide Plan and Countywide Rules.

 
6.9.2.2

Types of Local Action. The vested rights determination process utilized by local government shall determine the procedure for review under the Countywide Plan and Countywide Rules as follows:

 
1.

If a vested rights determination is rendered by local government staff and/or the elected body without an administrative hearing by an independent third party, and such determination concludes that the applicant does have vested rights under the local government plan or regulations, said determination shall be forwarded to the PPC within ten (10) days of the determination by local government.

 
2.

If a vested rights determination by the local government involves an administrative hearing by an independent third party, the local government shall notify the PPC immediately upon the scheduling of such hearing; and where it has been determined that the Countywide Plan and Countywide Rules are implicated, the Council shall have the right to intervene in any such hearing and have evidence and testimony presented to the finder of fact as to vested rights under the Countywide Plan and Countywide Rules.

 
3.

If a vested rights claim is initiated in a court of competent jurisdiction, the affected local government shall notify the PPC immediately upon the filing of such action; and where it has been determined that the Countywide Plan and Countywide Rules are implicated, the Council shall determine, under these Countywide Rules, whether to intervene in any such action and have evidence and testimony presented to the court as to vested rights under the Countywide Plan and Countywide Rules.

 
6.9.2.3

Action Based on Local Government Determination. In the event of an affirmative vested rights determination made by the local government staff or elected body, the local government action shall be transmitted to the PPC within ten (10) days.

 
1.

PPC Action – the PPC staff shall review the local government action and prepare findings and a recommendation for consideration by the Council within sixty (60) days of the date of transmittal. Upon receipt of the staff findings and recommendation, the PPC shall hold a public hearing and make a recommendation to the CPA as to whether or not the applicant has met the burden of proof and has satisfied the standards and criteria for vested rights determinations as set forth in Section 6.9.4 below.

 
2.

CPA Action – the Council’s recommendation shall be transmitted to the CPA for consideration at public hearing and final action within sixty (60) days of the date of transmittal. The CPA action shall be based on the Council’s recommendation and the standards and criteria for vested rights determination as set forth in Section 6.9.4 below. Any deviation from the Council’s recommendation shall be by a majority vote, plus one, of the entire CPA, based on findings that support such decision.

 
6.9.2.4

Action Based on Administrative Hearing. In the event of an administrative hearing by an independent third party, the findings of fact and conclusions of law shall be transmitted to the CPA within ten (10) days of their issuance.

 
1.

CPA Action – Upon receipt of the findings and conclusions rendered after an administrative hearing by an independent third party, the CPA shall hold a public hearing within sixty (60) days and consider said findings and conclusions relative to the standards and criteria set forth herein, as to vested rights under the Countywide Plan and Countywide Rules. Said consideration shall be based solely upon the findings of fact and conclusions of law made as a function of the administrative hearing and, to that end, only exceptions to the findings and conclusions by a party of interest may be entertained by the CPA.

 
6.9.2.5

Action Based on Court Determination. In the event of an initial court action on a vested rights claim at the local government level in which action the Countywide Plan and Countywide Rules have been considered pursuant to this vested rights process, the action of the court shall be final unless appealed pursuant to applicable law. If a court order addresses vested rights as to the local government plan or regulations, but does not address vested rights as to the Countywide Plan and Countywide Rules, the PPC and CPA shall consider the court order pursuant to Section 6.9.2.3.
 
SEC. 6.9.3 APPEALS.
 
6.9.3.1

Action Final Subject to Appeal. The action of the CPA shall be final with respect to vested rights under the Countywide Plan and Countywide Rules, subject only to review by a court of competent jurisdiction.

 
6.9.3.2

Appeal Provisions. After a final decision has been rendered by the CPA, a party of interest may file an appeal with a court of competent jurisdiction within thirty (30) days.

 
SEC. 6.9.4 STANDARDS AND CRITERIA FOR VESTED RIGHTS.
 
6.9.4.1

Burden of Proof. The applicant in any action under this vested rights process shall have the burden of proof to demonstrate all of the following:

 
1.

There is a valid, unexpired “development permit” authorized by the local government approving the proposed development, which authorization occurred prior to the effective date of the Countywide Plan and Countywide Rules in effect at the time of the filing of the vested rights application. “Development permit” shall mean and include any building permit, final site plan approval, final subdivision plat approval, special exception, conditional use, or variance approval, or any other official action of the local government having the effect of permitting the development of land in the manner and timeframe specified;

 
2.

The applicant relied in good faith upon the issuance of the development permit by the local government, said reliance was reasonable, and development under the authorized development permit was initiated and proceeded in a timely manner and in good faith;

 
3.

The applicant incurred such substantial obligations and expenditures that it would be highly inequitable or unjust to require that the development conform with the Countywide Plan and Countywide Rules in effect at the time of the filing of the vested rights application: and

 
4.

The application must be filed within two (2) years after the adoption of the Countywide Plan or Rule provision against which vesting is sought, subject to Section 6.9.4.3.

 
6.9.4.2

Applicable Case Law. The treatment of similar cases by Florida courts shall be relevant to the determination of the existence and extent of vested rights that may have been established, if any.

 
6.9.4.3

Presumption of Validity. A presumption of validity shall apply to vested rights determinations that have been made pursuant to an established local government process or by a court of competent jurisdiction prior to the effective date of this ordinance (sic)2.


2 Editor’s Note: This Division 6.9 adopted by Ordinance No. 03-23, effective April 24, 2003.