§ 68-155. Exemptions.

(a)

De minimis development. Single-family and duplex dwellings, to be constructed on existing lots in subdivisions approved for such uses (residential infill), shall be considered de minimis and exempt from concurrency review. Other developments or redevelopments shall be considered to have de minimis impacts and be exempt from concurrency review provided that they comply with all of the following conditions:

(1)

The net increase in traffic (peak hour) generated by the proposed development onto any affected roadway may not exceed one percent of the maximum service capacity of the roadway at the adopted peak-hour level-of-service standard.

(2)

The net increase in traffic (peak hour) generated by the proposed development, added to the total net increases in peak-hour traffic generated by all previously-approved de minimis exemptions on any affected roadway, may not exceed ten percent of the maximum service capacity of the roadway at the adopted peak-hour level-of-service standard.

(3)

The net increase in traffic (peak hour) generated by the proposed development onto any affected roadway designated as a hurricane evacuation route may not cause the actual level of service of the roadway to fall below the adopted peak-hour level-of-service standard.

(b)

Vested projects. Nothing in this article shall be construed or applied to constitute a temporary or permanent taking of private property without the just compensation nor abrogation of vested rights. Any applicant for a development order who alleges that this article, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights must affirmatively demonstrate the legal requisites of the claim by meeting all three of the following conditions:

(1)

A final development order has been issued on or prior to the adoption of this Code;

(2)

Development has commenced; and

(3)

Development is continuing in good faith.

Upon demonstrating that all three conditions are met, the applicant will be issued a certificate of exemption from concurrency review by the city clerk/administrator or his/her designee.

(Ord. No. 95-10, § 36-80, 9-19-95; Ord. No. 00-08, § 9, 1-9-01)