§ 21-5. Expiration of development orders.

(a)

Time limitations: With the exception of rezonings, within one year after the issuance of any development order as defined herein, the development order must be utilized in accordance with its terms. In the event that the development order is not utilized within that one year period, such development order shall automatically expire and shall be considered void and of no effect. A development order shall be deemed to have been utilized if: the use pursuant thereto shall have been established; a development permit has been issued and significantly acted upon to move the project forward, which such action shall include the preparation of construction drawings or obtaining permits from major regulating authorities such as the state Department of Environmental Protection, Miami-Dade County DERM, or the Miami-Dade County Fire Department; or if a development permit has been issued and the development of which such approval is an integral part is progressively and continuously carried to conclusion. The foregoing provision of this paragraph shall not apply if the development order expressly sets forth a specific time limitation.

(b)

Prior development orders: With the exception of rezonings, all development orders which have been granted prior to the effective date of this section shall be null and void and of no further force or effect if not utilized within one year after the effective date of this section, unless vested rights are demonstrated. The foregoing provision of this paragraph shall not apply if the development order expressly sets forth a specific time limitation.

(c)

Vested rights: Nothing in this section shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following:

(1)

A governmental act of development approval was obtained prior to the effective date of this section or prior to the effective date of an amendment to this section;

(2)

Upon which the property owner has detrimentally relied, in good faith, by making substantial expenditures; and

(3)

That it would be highly inequitable to deny the property owner the right to complete the development.

(d)

Additional time: If any additional time is desired by the owner of a development order, the owner of the property to which such development order is applicable may request an extension of time from the Council by filing an application for extension prior to its expiration. Upon demonstration of good cause by the owner, the Council may grant an extension.

(Ord. No. 513, § 2, 11-14-06)