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<br />reasonable time limit within which action on any request for a variance (use or <br />non-use), special exception, new use, special permit or unusual use within which <br />action is required shall be begun or completed or both. However, if no time limit <br />is specified by the Commission or was already specified by Ordinance #98-52. <br />then approval of any such request approved under the City's new Comprehensive <br />Plan shall expire in two (2) years from the date granted, unless a building permit, <br />other than a foundation or permit for the construction of a temporary structure, <br />which is based upon and incorporating the request is issued within the <br />aforementioned two (2) year period and construction has begun thereunder. <br />Failure on the part of the applicant to have a permit issued (and construction <br />begun thereunder) within the applicable time period shall cause the application <br />for change of zoning to terminate at the expiration of said two (2)-year period, <br />unless extended by the City Commission after a public hearing on same. that the <br />applicant has made progress sufficient to the City Commission within its sole <br />determination. <br /> <br />B. Special Notice Provisions. The City Clerk is hereby directed over the next two (2) years <br />following the passage of this Ordinance to advertise quarterly in the Neighbors Section of The Miami <br />Herald all such prior approvals of variances, special use and non use, special exceptions, new uses, <br />special permits or unusual uses granted prior to the passage of this Ordinance shall be amortized <br />during this two (2) year period. <br /> <br />Section 2. <br /> <br />Vested Rights. <br /> <br />(A) Nothing in this Ordinance or any prior ordinance shall be construed or applied to abrogate the <br />vested rights of a property owner to complete development where the property owner can <br />demonstrate each of the following: <br /> <br />1. A governmental act of development approval which was obtained prior to the <br />effective date of this Ordinance; and <br /> <br />11. The property owner has detrimentally relied, in good faith by making <br />substantial expenditures; and <br /> <br />111. That it would be highly inequitable to deny the property owner the right to <br />complete the development. <br /> <br />(B) Any property owner claiming to have vested rights under this Section 2, must file an <br />application with the Zoning and Code Administrator for a vested rights determination by the Zoning <br />and Code Administrator, the Planning Director and the City Manager.The City Attornevwill advise <br />staff on any legal issues. v/ithia tbe two (2) year amortization period from tbe effeetive date of this <br />Ordinance as set forth in Section 2(A) above. The applicant shall present a detailed description of <br />the existing or pending vested rights for the particular development in question including the period <br />of time for which the applicant claims rights are vested in any and all conditions and limitations <br />applicable to the asserted existing or pending application for vested rights to develop. The <br /> <br />Limitations on Zoning Approvals Amendment 2 <br />Amendment of Ordinance 98-52 (Use it or lose i1) Ord. <br />LMD:ch <br />Legislation/attorney <br />