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to address issues relating to future development within the Town Center. Provided that such <br /> moratorium shall not apply to: <br /> A. Buildings and structures constructed by a regulated public utility for the purpose <br /> of providing utility services. <br /> B. Renovations and repairs of existing structures where there is no increase in floor <br /> area or height of such structures. <br /> C. Building permits for the City and other governmental agencies. <br /> D. Revisions to building permits that were approved prior to the effective date of <br /> this Ordinance. <br /> Section 4. Waivers. In addition to the exceptions in Section 2 and Section 3 of this Ordinance, <br /> not contravene the purpose of this Ordinance and will not, in the discretion of the City <br /> Commission, materially reduce the existing capacity of public services. any property owner <br /> seeking a waiver under this Section 4 must file an application with the City Commission, for a <br /> determination within 45 days after the effective date of this Ordinance. The City Commission, <br /> after a public hearing, may grant a waiver to the moratorium provided above and permit <br /> development to proceed on a specific parcel where the City Commission determines, based upon <br /> competent substantial evidence, that the proposed development order or development permit <br /> requested by the waiver application will not detrimentally affect or be inconsistent with the <br /> regulations that will be created and adopted, will be compatible with surrounding land uses, and <br /> will not impair the public health, safety or welfare. The public hearing shall be advertised at least <br /> seven days prior to the hearing in a local newspaper. The grant of waiver, if any, will be by <br /> resolution. The applicant shall be responsible for a $2,500 waiver application fee and any other <br /> standard fees and requirements for a public hearing. <br /> Section 5. Determination of Vested Rights or Denial of All Economic Use. <br /> A. Nothing in this Ordinance shall be construed or applied to abrogate the vested <br /> right of a property owner to complete development of a parcel where the property <br /> owner demonstrates, by competent substantial evidence, each of the following: <br /> i. A governmental act of development approval was obtained prior to the <br /> effective date of this Ordinance; and <br /> ii. Upon which the property owner has detrimentally relied, in good faith, <br /> by making substantial expenditures; and <br /> iii. That it would be highly inequitable to deny the property owner the right <br /> to complete the development. <br /> B. Any property owner claiming vested rights under this Section 5 must file an <br /> application with the City Commission for a vested rights determination within <br /> forty-five (45) days after the effective date of this Ordinance. The application shall <br /> be accompanied by an application fee of$2,500 and contain a sworn statement as <br /> to the basis upon which the vested rights or denial of all use are asserted, together <br /> with all documentation required by the City and all other documentary evidence <br /> that property owner maintains supports the vested rights claim. The City <br /> Commission shall hold a public hearing on the application and, based upon the <br /> competent substantial evidence submitted, shall determine whether the property <br /> 3 <br />