§ 14.16.00. Vested Rights Determination.

14.16.01 Generally. An applicant who believes they are entitled to a vested rights determination Shall file a vested rights application with the County Manager or designee.

14.16.02 Application. An application for vested rights determination Shall be made within one (1) year of the change to the Comprehensive Plan or the Land Development Regulations which affects the applicant's property, or by June 1, 2003, whichever occurs last. The vested rights application Shall contain information sufficient to enable a determination to be made whether the development order is vested. The applicant Shall submit any relevant supporting information, including other development orders, development permits, contracts, letters, appraisals, reports, or any other documents upon which the application is based. The applicant Shall specifically identify in the application those provisions of the Comprehensive Plan or Land Development Regulations which the applicant believes should not apply because of vesting.

14.16.03 Determination of Sufficient Application. Within thirty (30) calendar days after a vested rights application is submitted, the County Manager or designee Shall determine whether the application is complete. If the application is determined to be incomplete, the applicant will be sent a written statement specifying the deficiencies by mail. If the application is determined to be complete, the applicant will be so informed by mail.

14.16.04 Action by County Manager or Designee. Within sixty (60) calendar days after a completed vested rights application is submitted, the County Manager or designee Shall render a written decision approving or denying the vested rights application and Shall furnish a copy to the applicant and cause a copy to be listed in the next Board of County Commissioners meeting agenda as an acknowledgement item. An extension of time beyond the sixty (60) calendar day period may be granted with the approval of the applicant or action of the Board of County Commissioners.

14.16.05 Appeal of Decision of County Manager or Designee. Any applicant aggrieved by the action of the County Manager or designee may appeal the decision within thirty (30) calendar days of the date the decision is rendered to the Circuit Court of the Fifth Judicial Circuit in and for Lake County, Florida, or at the option of the applicant, may utilize the provisions of the Florida Land Use and Environmental Dispute Act, Chapter 70, Florida Statutes, utilizing the procedures set forth in these regulations.

14.16.06 Suspension and Revocation of Vested Rights Determination. A vested rights determination may be suspended or revoked upon a showing by the County of an imminent peril to the health and safety of the people of Lake County which did not exist or was unknown at the time the determination was made or at the time of the development order or act or omission of the government which the claim for vesting is based on. In addition, a vested rights determination may be suspended or revoked upon a showing by the County that the determination was made based upon false, inaccurate, misleading or incomplete information submitted by the applicant. A vested rights determination Shall not be revoked prior to a hearing being held by the Board of County Commissioners. Notice of the revocation hearing Shall be given at least thirty (30) calendar days prior to the hearing.

(Ord. No. 2002-28, § 3, 4-16-02)