Fort Walton Beach Ordinance — 1731 Conditional Use Marinas — reading text

1st 2nd ORDINANCE 1731 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12. 457 MUW-18 MIXED- USE WATERFRONT DISTRICT TO PERMIT BY CONDITIONAL USE MARINAS WITH WATERCRAFT DRY STORAGE FACILITIES; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY. The authority for enactment of this ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in Section 2 of the City Charter, and Section 166. 021 (1), Florida Statutes. Section A.5 of the City' s Comprehensive Plan provides that commercial uses in the Mixed Use Waterfront Districts " shall only be those that are deemed compatible with residential uses and require or are compatible with a waterfront setting." A marina is defined in the Land Development Code as " a waterfront or over- water facility for boats in the construction form of docks, piers, wharves, moorings, ramps and slips, which facility may offer retail sales, rentals, storage, minor maintenance, fueling, hoisting, electricity, potable water, sewage disposal facilities, food and supplies." The City Council finds that the definition of a marina includes a dry storage facility. Dry storage facilities are permitted as a conditional use in the MUW- 12 and MUW- 24 zoning districts. Therefore, the Council finds that the current development of the City waterfront area supports amendment of the MUW- 18 zoning district to permit dry- storage facilities as a conditional use. SECTION II. Volume IV, Land Development Code. Chapter 12.457, MUW- 18 Mixed- Use Waterfront District, Section 12.457. 04, is hereby amended to add the following: Section 12.457. 04 Conditional Uses. 1) Adult living facilities. 2) Marinas, including marina offices, retail facilities, watercraft sales and rentals, and watercraft repairs, but excluding dry stor3ge facilities and live- aboards. 3) Transient lodging facilities with more than five guest rooms. Page 1  SECTION III. REPEAL OF PRIOR PROVISIONS. In the event any ordinance or parts of ordinances are in conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION IV. SEVERABILITY. Should any section or provision of this ordinance, or any portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part hereof, other than that part declared to be invalid. SECTION V. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. ADOPTED: OtJto6.et ~ tk;o1 ATTEST: MAYOR: A&~ P~~ k Approved as to form and legal sufficiency. u.. Cta~- Toni L.Craig, City Attorney Codification Instructions Section II: Codified as amendment to Section 12.457. 04, LDC Sections I, III, IV and V: not codified DIs.POSITION Page 2