Ordinance 2020-555 - Laserfiche WebLink

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