§ 23-240. Generally.

(a)

Definitions . "Statutory vested rights" are defined herein as those rights conferred under a development order issued pursuant to section 380.06, Florida Statutes, relating to a development of regional impact. "Common law vested rights" are based on the equitable notions of fundamental fairness, good faith reliance, and substantial change of position and shall be defined and interpreted in accordance with Florida case law.

(b)

Procedures . Any person who claims vested rights to develop or use a particular parcel or property which may be affected by the adoption or amendment of any land development regulation (exclusive of the Hernando County Comprehensive Plan, zoning, subdividing or platting) may seek a determination of vested rights by filing a written request with the administrative official designated pursuant to Appendix A, Article V, Section 1 of this Code. The administrative official may impose reasonable conditions on any determination and may provide for a validity period for such determination. The decision of the administrative official shall be deemed final unless appealed to the board of county commissioners within the allowed time and as provided for in Appendix A, Article V, Section 3 F. of this Code. The decision of the board of county commissioners may be appealed to circuit court within thirty (30) days of the execution of the order to be appealed by the aggrieved party filing a petition for certiorari. The administrative process herein shall be the sole method of obtaining a determination of vested rights.

(c)

Scope of this section; other provisions. This section shall not apply to the Hernando County Comprehensive Plan which may only be amended as provided for in Chapter 23, Article 1 of this Code and Chapter 163, Part II, Florida Statutes. This section shall not apply to any zoning designation or classification which may only be amended as provided for in Appendix A, Article VI of this Code. Non-conforming structures, uses and lots are provided for under Appendix A, Article II, Section 2 of this Code. The subdividing and platting of land shall be pursuant to Chapter 26 of this Code.

(d)

Repeal; pending applications . Ordinance 91-21 is hereby repealed in its entirety; however, any person with an application for a determination of vested rights pending at time of adoption of this revision may proceed under the former provisions of said ordinance as if still in effect.

(e)

Developments of regional impact; local development orders; development agreements. Notwithstanding anything to the contrary, nothing in this section shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to chapter 380, Florida Statutes, or who has been issued a final unexpired local development order and is continuing in good faith under said development order. Nothing in this section shall affect any bona fide written agreement between a developer and the county which agreement conferred specific development rights and has not otherwise expired.

(Ord. No. 2006-07, § 1, 5-23-06)