Fort Walton Beach Council agenda — 06-11-13--regular — reading text

Section 8. 02. 06, Specific Requirements for Variances in Areas of Flood Hazard Section 8. 03. 01, Applicability Section 8. 03. 03, Filing an Appeal of an Administrative Decision Section 8. 03. 04, Stay of Work Section 8. 03. 05, Procedures for Consideration of an Appeal of an Administrative Decision Section 8. 03. 06, Appeal of Board of Adjustment Decisions  12. 1 ORDINANCE 1877 Section 8. 04. 03, Procedures for Administrative Waivers Section 4. Amendment of Chapter 9 Sections 9. 01. 01, Types of Applications, and 9. 04. 01, Notice Requirements, of the Land Development Code, are hereby amended as depicted in the attached strike- through/ underline exhibit, " Chapter Nine - Administrative Procedures. Section 5. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney Additions are underlined, A- 1- '; °. - -., In °'a° L-° °.  12. 1. a La" d Cndc tFalwm Beach CHAPTER ONE GENERAL PROVISIONS Page 1- 2 1. 00.00 GENERALLY 1- 2 1. 00. 01 Purpose and Intent 1- 2 1. 01. 00 TITLE 1- 2 1. 02. 00 AUTHORITY 1. 03. 00 APPLICABILITY 1- 2 1- 2 1. 03. 01 Generally 1. 03. 02 Exceptions 1- 2 1. 04. 00 ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION 1- 3 1- 3 1. 04. 01 City Manager 1- 3 1. 04. 02 Development Administrator 1. 04. 03 Floodplain Administrator 1- 3 1. 05. 00 INTERPRETATIONS 1- 4 1- 4 1. 05. 01 Generally 1- 4 1. 05. 02 Responsibility for Interpretation 1- 5 1. 05. 03 Rules for Interpretation of Boundaries 1- 5 1. 05. 04 Rules of Construction 1. 05. 05 Days; Computation of Time 1- 5 1- 5 1. 06. 00 BOARDS 1- 5 1. 06. 01 Generally 1- 5 1. 06. 02 Requirements for All Boards 1- 7 1. 06. 03 Local Planning Agency ( LPA) nn eFAE1justffien 4-- 7 Code Enforcement Board 1- 8 1. 06. 05 1- 8 1. 07.00 DOCUMENTS REFERENCED 1. 08. 00 ACRONYMS AND DEFINITIONS 1- 8 1- 8 1. 08. 01 List of Acronyms 1. 08. 02 List of Defined Terms 1- 9 encral Procisiuns Psgc I - t Pa' ` fig• ,  12. 1. a Land Doelopmww (' ode Fort AAAt(... Dead) _ 1. 00. 00 GENERALLY 1. 00.01 Purpose and Intent A. The primary purpose of this Land Development Code is implementation of the City of Fort Walton Beach Comprehensive Plan ( Comprehensive Plan). B. This LDC is further intended to accomplish the following purposes: 1. Protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience, morals, and general welfare; 2. Guiding and accomplishing coordinated and harmonious development in accordance with the existing and future needs of the City; 3. Conserving the value of land, buildings, and resources, and protecting landowners from potential adverse impacts of proposed developments; 4. Protecting the character and maintaining the stability of residential, business, industrial, recreation, and public areas; 5. Controlling and regulating the growth of the City, concentrating the more intense development in areas of high capability and limiting development in areas of low capability; 6. Directing and controlling the type, distribution, and intensity of development; and 7. Being equitable, in terms of consistency, with established regulation and procedures, respecting the rights of property owners while taking into consideration the interests of all the citizens of the City. 1. 01. 00 TITLE This code shall be known as and entitled the " Fort Walton Beach Land Development Code" and may be referred to as the " LDC." 1. 02. 00 AUTHORITY This LDC is enacted pursuant to the requirements and authority of Chapter 163, Part 11, F.S -, and Chapter 166, F.S. 1. 03. 00 APPLICABILITY 1. 03.01 Generally Except as otherwise provided in this LDC: A. The use of any parcel of land, or any structure, or any combination thereof, within the corporate limits of the City shall be in conformance with the requirements of this LDC. B. All development shall conform to the standards, criteria, requirements, and procedures of this LDC. 1. 03. 02 Exceptions Previously approved projects that are identified as exempt from the provisions of this LDC are exempt only to the extent of the previous approval and are exempt from the provisions of this LDC only to the extent that such provisions are inconsistent with the prior, unexpired approval. Specific requirements regarding existing, valid development orders and permits are set forth in Chapter 9. General Provisions Page I - 2  12. 1.. Cod, tort N 1. 04. 00 ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION 1. 04. 01 City Manager The City Manager is the chief administrative official of the City ( see the Fort Walton Beach Code of Ordinances). For the purposes of this LDC, the City Manager is assigned to administer, interpret, and implement the standards, criteria, and procedures of this LDC where the Development Administrator or other specific staff position within the City has not been designated for such action. 1. 04. 02 Development Administrator The Development Administrator is the City staff person designated to issue development orders for expedited development, approve compliance reports, authorize administrative waivers, and other actions required for implementation of this LDC as specifically designated by the Development Administrator. The Development Administrator shall be responsible for agendas for boards identified in Section 1. 06. 00. 1. 04. 03 Floodplain Administrator m The Development Administrator shall serve as the floodplain administrator required to i administer and implement the floodplain management regulations set forth in Chapter 3. As B required by FEMA, the floodplain administrator shall have the following duties: A. Review local development permits to assure sites are reasonably safe from flooding; 9 B. Review all local development permits to assure that the permit requirements of U Section 3. 05. 00 have been satisfied; C. Require copies of additional Federal, State, or local development permits, especially v as they relate to Sections 161. 053; 320. 8249; 320. 8359; 373. 036; 380.05; 381. 0065; v and Chapter 553, Part IV, Florida Statutes, be submitted along with the local development permit application and maintain such permits on file with the development permit; m D. Notify adjacent communities, the Florida Division of Emergency Management — State Floodplain Management Office, the Northwest Florida Water Management m District, FEMA, and other Federal and/ or State agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse; m E E. Notify FEMA within six ( 6) months when new technical or scientific data becomes available to the community concerning physical changes affecting flooding conditions so that risk premium rates and flood plain management requirements will be based on current data; F. Assure that the flood -carrying capacity within the altered or relocated portion of any F watercourse is maintained; G. Verify and record the actual elevation ( in relation to mean sea level) of the