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18-1474 Extending Temporary Moratorium Medical Marijuana Dispensing Facilities
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18-1474 Extending Temporary Moratorium Medical Marijuana Dispensing Facilities
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2/27/2018 8:38:37 AM
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2/27/2018 8:38:33 AM
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City Clerk - Doc Type
Ordinances
City Clerk - Date
2/26/2018
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SECTION V. ADMINISTRATIVE/QUASI-JUDICIAL REVIEW PROCEDURE. <br />(A) An owner may request a determination of vested rights by paying the application fee <br />and filing a technically complete application with the City Manager. <br />(B) The application form must contain the following information: <br />a. Identification by specific reference to any ordinance, resolution or other <br />action of the City of Casselberry or failure to act by the City of Casselberry, upon <br />which the applicant relied and which the applicant believes supports the applicant's <br />position. <br />b. A statement of fact, which the applicant intends to prove in support of the <br />application, that vested rights exist. The application must fully articulate the legal <br />basis for being allowed to proceed with development notwithstanding the <br />moratorium. <br />C. Such other relevant information that the City Manager may request or the <br />applicant may desire to have initially considered. <br />d. A sworn statement to be executed by all owners of the real property or <br />authorized agent that all information noted on the application is true and correct. <br />(C) The City Manager will screen each applicant for a vested rights determination to <br />determine whether the application is technically complete. The sufficiency <br />determination must be made within fourteen (14) days after receipt of an application. <br />If not technically complete, the application must be promptly returned to the <br />applicant. <br />(D) Upon the City Manager accepting a technically complete application for which the <br />application fee has been submitted, the City Commission must review the <br />application and hold a public hearing and make a final determination within twenty- <br />one (21) calendar days as to whether or not it has been clearly and convincingly <br />demonstrated that the real property subject to the application has vested status and <br />should be considered for an exception to the moratorium. Within seven (7) calendar <br />days after malting a final determination of vested rights status, the City Commission <br />must provide the applicant with written notification of the determination of vested <br />rights status. <br />(E) At the hearing, the applicant must present all evidence in support of the application. <br />The technical rules of evidence in judicial proceedings will not be applicable, but all <br />testimony will be given under oath. <br />5 <br />
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