VESTED DEVELOPMENT RIGHTS

Jacksonville Ordinance Code tit. XVII, ch. 650, pt. 5

in effect

Jacksonville Ordinance Code § 650.501 Intent.

Sec. 650.501. - Intent. The Council recognizes that the comprehensive plan is intended to guide the City's growth and development into the next century, and that uses of land and characteristics of development which were permitted prior to the adoption of the comprehensive plan and the land development regulations may be prohibited or restricted as of the effective date of the plan and the regulations. The Council further recognizes that the implementation of the comprehensive plan and the Land Development Regulations may, in certain instances wherein development has commenced or is under way, result in numerous and severe hardships, both economic and otherwise, not only to owners and developers of property, but to all those associated with the development community, including real estate agents, brokers, mortgagees and lending institutions, planners, architects, engineers, building contractors, sub-contractors and suppliers. It is therefore the intent of the Council in implementing the comprehensive plan and the Land Development Regulations required pursuant thereto to: (i) Allow development to continue in those instances wherein development has commenced or is under way or commitments have been made by the City which bind it to approved development orders, regardless of whether or not the development is inconsistent with the comprehensive plan and the Land Development Regulations; (ii) To recognize validly existing vested rights; and (iii) To ensure that all property owners have a reasonable, beneficial and economic use of their property, and that no property is taken by the implementation, interpretation or enforcement of the comprehensive plan and the Land Development Regulations without just compensation. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.502 Vested development rights for projects under development.

Sec. 650.502. - Vested development rights for projects under development. (a) Development pursuant to a final development order or final development permit wherein development has commenced and is continuing in good faith. The provisions of the comprehensive plan and the Land Development Regulations implementing the comprehensive plan shall not affect the validity of any lawfully issued and effective final development orders or final development permits issued prior to the effective date of the comprehensive plan, or amendment thereto, provided that development which occurs pursuant to such final development order or final development permit has commenced and is continuing in good faith towards completion in compliance with all applicable laws, rules and regulations in existence prior to the effective date of the comprehensive plan, or amendment thereto. An applicant's right to complete development of a particular type, use, density or intensity is vested for purposes of consistency with the comprehensive plan and the land development regulations if he has received, prior to the effective date of the comprehensive plan, or amendment thereto, one of the following: (1) A valid and effective building permit, or any other type of construction permit, including any renewals thereof which are permissible under Chapter 320, Ordinance Code; (2) Approval of Final Constructions Plans for Required Improvements under Chapter 654, Ordinance Code; or (3) Approval of final construction and/or engineering plans, provided such plans specifically indicate the density or intensity and use of the ultimate development proposed to be built according to such approved plans. For purposes of this Section, it is determined that development has commenced and is continuing in good faith upon the issuance of the permits or approvals hereinabove specified. (b) VODAD. An applicant's right to complete development of a particular type, use, density or intensity is vested for purposes of consistency with the comprehensive plan if he has received a Vesting of Development Activities Determination (VODAD) pursuant to the procedures set forth in this Chapter. (c) DRI or FQD. An applicant's right to complete a development which has been authorized or vested as a Development of Regional Impact (DRI) or a Florida Quality Development (FQD) pursuant to F.S. § 380.06, prior to the effective date of the comprehensive plan is vested for purposes of consistency with the comprehensive plan, unless the development order authorizing such development contains provisions wherein the development is required to meet local zoning, subdivision or growth management laws adopted subsequent to the approval of such development order. The applicant, in the case of a DRI or FQD which has been authorized prior to the effective date of the comprehensive plan, shall be required to comply with the procedures set forth in Chapter 650, Part V in order to obtain a VODAD, but shall not be required to pay an application fee, which would otherwise be charged for filing an application for a VODAD. (Ord. 91-1016-425, § 9; Ord. 93-505-228, § 1)

Jacksonville Ordinance Code § 650.503 Common law vested rights.

Sec. 650.503. - Common law vested rights. (a) Criteria for determination of common law vested rights. Nothing in this Part shall be construed to abrogate validly existing vested rights. Accordingly, an applicant's right to complete development of a particular type, use, density or intensity is vested for purposes of consistency with the comprehensive plan if the applicant can demonstrate, by substantial competent evidence, to the satisfaction of the Director, that such applicant: (1) Has acted in good faith and in reasonable reliance; (2) Upon a valid, unexpired act or omission of the City; and (3) Has made such a substantial change in position that it would be highly inequitable or unjust to destroy the rights he has acquired. The following shall not be considered development expenditures or obligations in and of themselves: expenditures for legal or other professional services which are not related to the design or construction of improvements, taxes paid, or expenditures related to the acquisition of land. (b) Planned Unit Developments (PUDs) may be deemed vested where development has commenced and is continuing in good faith. For the purposes of this Section, it is determined that the adoption of an ordinance approving a Planned Unit Development (PUD) pursuant to Section 656.340, Ordinance Code prior to the effective date of the comprehensive plan, or any amendment thereto may constitute substantial competent evidence which is sufficient to demonstrate that the requirements of subsections (a)(1), (2) and (3) of this Section have been met, provided the applicant also demonstrates, by substantial competent evidence, to the satisfaction of the Director, that development pursuant to the PUD ordinance has commenced and is continuing in good faith in accordance with the written description of the intended plan of development, site plan and conditions approved as part of the ordinance creating the PUD. (c) Continuing in good faith. For purposes of this Section, in making a determination as to whether a development is continuing in good faith, the following criteria shall be considered: (i) A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development. (ii) A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursuant on a regular and continual basis which furthers the progress of the development. (iii) The criteria referenced in (i) and (ii) above shall not preclude a determination that development is continuing in good faith based upon facts and circumstances of a particular development. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.504 Permits or approvals in progress.

Sec. 650.504. - Permits or approvals in progress. Nothing in the comprehensive plan or Land Development Regulations adopted pursuant thereto shall prohibit the construction or development of a particular type, density, or intensity of development, which has commenced, provided that the application for final development order or permit was filed with the City prior to the effective date of the comprehensive plan, and further provided that such development is being diligently and in good faith pursued to completion. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.505 VODAD required to proceed with development which is vested.

Sec. 650.505. - VODAD required to proceed with development which is vested. An applicant entitled to vested development rights under this Chapter shall be required to obtain a VODAD in order to proceed with or complete any development which is inconsistent with the comprehensive plan. (a) Application procedures for obtaining VODAD. The following procedures shall be followed with respect to applying for VODAD: (1) An application for a determination of vested rights shall be submitted to the Director on the form provided. The application for the VODAD shall contain information sufficient to permit a determination by the Director pursuant to the criteria set forth in Sections 650.502 or 650.503 hereinabove. Detailed site maps and a complete legal description of the subject property shall be submitted with the application. Only applications which are fully complete shall be accepted by the Director. (2) The Director shall review the VODAD application for compliance with the criteria set forth in Sections 650.502 and 650.503 herein, and shall prepare a written decision within 30 days after the application has been accepted approving or denying the VODAD application. In the preparation of its decision, the Director may consult with the Office of General Counsel. Other City departments shall provide technical or other information and assistance at the request of the Director. If the application is approved, the Director shall issue the VODAD with the written decision. (b) Deviations. All development subject to a VODAD shall be consistent with the terms of the development order or permit upon which the VODAD is based. Any proposed change from the development order or permit, except for a deviation required by governmental action, a minor deviation of a DRI or FQD pursuant to F.S. § 380.06(19) or a minor deviation of a PUD pursuant to Section 656.341(e), Ordinance Code, shall cause the proposed change to be subject to all of the goals, objectives and policies of the comprehensive plan and the requirements of this Chapter. (c) Transferability. A VODAD is transferable to a successor owner upon providing written notice to the Director and evidence of conveyance of the land subject to the VODAD. (d) Revocation. A VODAD shall remain valid and in force unless and until it is revoked by the Director. Notwithstanding anything in this Chapter to the contrary, a VODAD may be revoked by the Director upon a showing by the City of a peril to the public health, safety or general welfare of the residents of the City which was unknown at the time of approval or upon sufficient evidence that a development receiving a VODAD is not continuing in good faith. Prior to any revocation of a VODAD, the Director shall provide written notice of an intention to revoke the VODAD to the person(s) issued the VODAD and any person(s) having a title interest of record in the land subject to the VODAD, which notice shall include the basis for the revocation. The notice recipient shall have a period of 45 days from the date of receipt of such notice within which to eliminate the condition which is the basis for the revocation. A notice recipient may receive from the Director one or more extensions of the 45-day time period based upon a showing of good cause. If the notice recipient does not eliminate such condition within such time period, the Director may then revoke the VODAD and provide written notice of revocation to the notice recipient of the VODAD. Where it is alleged there is error in any revocation an appeal may be made pursuant to the provisions of Section 650.506 herein. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.506 Appeals.

Sec. 650.506. - Appeals. (a) An applicant may appeal any decision or technical determination made by the Director pursuant to this Chapter to the Council, who shall refer the matter to the appropriate committee of Council for a recommendation prior to acting upon the appeal. Appeals shall be made by filing a notice of appeal with the Director within 30 days of the issuance of the written decision being appealed. The notice of appeal shall contain: (1) A clear and plain statement of the decision to be reviewed and the date of the decision; (2) The specific error alleged as the grounds of the appeal; and (3) Proof of payment of required fee. (b) A hearing on the appeal shall be scheduled by the Council for a date no more than 60 days subsequent to the filing of a notice of appeal accompanied by a receipt from the Tax Collector evidencing payment of the required fee. The applicant shall be given at least 30 days written notice of the scheduled hearing date. (c) The applicant, departmental and any other appropriate City staff, the public and witnesses with relevant testimony shall appear and may be heard at the hearing. Testimony shall be limited to matters directly relating to the standards set forth in this Chapter. To the maximum extent practicable, the hearing shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony. (d) The appellant shall have the burden of proof to establish by a preponderance of the evidence: (1) That there was an error in the decision or technical determination made by the Director; or (2) That the requirements of Sections 650.502 or 650.503 hereinabove have been met. (e) Within 30 days after the hearing, the Council shall issue to the Director a written decision which shall affirm, reverse, modify, or remand the decision of the Director for further consideration. (f) The Department shall be the custodian of all documents, including the application and the Director's decision. The record of the hearing shall be maintained by the Council Secretary. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.507 Applicant required to exhaust administrative remedies.

Sec. 650.507. - Applicant required to exhaust administrative remedies. No applicant aggrieved by any requirement, decision or determination by the Director pursuant to this Chapter in applying the provisions of this Chapter to any application or request for the issuance of a final development order or final development permit may apply to the court for relief unless he has first exhausted all administrative remedies provided in this Part. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.508 VODAD as development order.

Sec. 650.508. - VODAD as development order. The issuance of a VODAD, or any other final vested rights determination rendered by the Director or the Council, as the case may be, pursuant to the provisions of this Chapter shall be a development order or development permit subject to challenge under F.S. § 163.3215. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.509 Schedule of fees.

Sec. 650.509. - Schedule of fees. The following schedule of fees shall apply. The effective date and time of filing the application shall be upon receipt of the required fee by the Tax Collector. (a) Application for VODAD .....$500 (b) Appeal of the Director's decision .....500 (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.510 No taking construed.

Sec. 650.510. - No taking construed. Nothing in this Chapter shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation without due process of law. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.511 Reserved.

Jacksonville Ordinance Code § 650.512 Computation of time.

Sec. 650.512. - Computation of time. If any filing deadline set forth herein falls on a Saturday, Sunday or on a legal holiday, the deadline shall extend until the end of the next day that is neither a Saturday, Sunday or legal holiday. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.513 Enforcement.

Sec. 650.513. - Enforcement. (a) A person who shall violate any provision of this Chapter shall be deemed guilty of a class D offense. (b) In addition to the penalties provided hereinabove for violations of this Chapter, any violation of this Chapter shall be subject to appropriate civil action in the court of competent jurisdiction. (Ord. 91-1016-425, § 9)

Jacksonville Ordinance Code § 650.514 Reserved.

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXVIILAUS_CH650COPLFUDE_PT5VEDERIFetched: 10/27/2026