Fort Walton Beach Ordinance — 2216-Amending LDC Section 9.00.03 Development Permits & Orders Required — reading text

READING DATE 1st 2nd ORDINANCE 2216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING LAND DEVELOPMENT CODE SECTION 9. 00. 03 DEVELOPMENT PERMITS AND DEVELOPMENT ORDERS REQUIRED; EXEMPTIONS; RECORDING; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, City staff has received requests for Pole Barns over 1, 000 square feet in area that would currently require a Development Order Application; WHEREAS, City staff has determined that any applicable requirements can be addressed during the Permit Review; WHEREAS, a Land Development Code update is required to add any exceptions to Development Orders; and WHEREAS, this Ordinance decreases the burden on property owners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and the City Charter. Section 2. AMENDING SECTION 9. 00. 03 DEVELOPMENT PERMITS AND DEVELOPMENT ORDERS REQUIRED; EXEMPTIONS; RECORDING. 9. 00. 03 - Development Permits and Development Orders Required; Exemptions; Recording. A. A local development permit, including a building permit, zoning permit, subdivision approval, rezoning, certification, special exception, or variance shall be required in conformance with the provisions of this LDC and where applicable in accordance with the Florida Building Code prior to the commencement of any development activities, as follows: 1. Land clearing, excavation, or modification, including dredge and fill; 2. Tree removal, except on single- family lots; 3. Construction of any principal or accessory building or structure; 4. Storage of building materials or erection of a temporary job site office; 5. Installation of utilities, streets, driveways and driveway connections, drainage systems and connections, building systems ( electrical, gas, mechanical, or plumbing), or landscaping other than a single-family home;  6. Marine construction; 7. Moving any structure; 8. Alteration, demolition, or repair of any structure according to the requirements of the Florida Building Code; and 9. Any other construction, reconstruction, site improvement, or modification to the land or water on a site. B. A development order shall be required prior to issuance of a local development permit for: all new construction, redevelopment, additions, and site modification which provides additional gross building square footage that is 1, 000 square feet or more in size, except for the following: 1. One or two single family dwellings; 2. Applications for independent accessory structures or uses for single family residential sites; less in size for commercial and mixed use sites. 3. Applications for pole barns that are 5, 000 square feet or less in size and enclosed on no more than one( 1) side for commercial and mixed-use sites. Section 3. APPLICABILITY For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Walton Beach. This ordinance shall apply on or after the effective date of this ordinance. Section 4. INCLUSION INTO THE LAND DEVELOPMENT CODE It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Fort Walton Beach' s Land Development Code, and that the sections of this ordinance may be renumbered or re- lettered and the word " ordinance" may be changed to section," " article," " regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 5. SEVERABILITY In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. Section 6. FINDINGS  The City Council of the City of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on June 4, 2026. The City Council of the City of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. The City Council of the City of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. Section 7. EFFECTIVE DATE This ordinance shall take effect immediately upon approval on •econd reading by the City Council and signature of the Mayor. id - AOC-go" Adopted: _ Z-unt, 13 Z.oa t, Nic . egretto, Mayor Attest: Approved as to, e_. 1 fo -• : •• i .- ncy for the City . ' o " alto Beach, only. Ali Kim M Barnes, City Clerk Jeffrey L. : Warttorney Additions are underlined; deletions are stricken. Air—'? 3/j-- 21-- j,- 41_,- - 6>%, A  City of Fort Walton Beach r The Treasure ofthe Emerald Coast" 105 Miracle Strip Parkway SW* Fort Walton Beach, Fl 32548 N'ef wiw 850) 833- 9607* Fax( 850) 833- 9926 TDD( 850) 833- 9925 Growth Management Department To: Mayor Allegretto and City Council Members From: Kelsea Roberts, Planning Supervisor Date: May 20, 2026 Subject: Ordinance 2216— Business Impact Statement In accordance with Section 166.041 of the Florida Statute, the City is required to prepare( or cause to be prepared) a business impact estimate prior to enacting an ordinance, subject to exemptions noted in the Law. Following are the categories required to be addressed for the proposed ordinance: 1. Summary of proposed Ordinance 2216 This ordinance is to amend Land Development Code Section 9. 00. 03 Development Permits and Development Orders Required; Exemptions; Recording. 2. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the city a. Estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted. There is no additional compliance cost associated with this ordinance. b. Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible. There will be no new fees or charges for any business as a result of this ordinance. c. An estimate of the City' s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. There will be no regulatory costs associated with this ordinance. 3. A good faith estimate of the number of businesses likely to be impacted by the ordinance. There are no business impacts as a result of this ordinance. 4. Any additional information the board determines may be useful. None