Fort Walton Beach Council agenda — 01-24-12 special ldc — reading text

portions of the Comprehensive Plan; 5. Initiate, review, hear, consider, and make recommendations to the City Council to approve, approve with conditions, or deny applications to amend the text of this LDC; 6. Initiate, review, hear, consider, and make recommendations to the City Council on applications to rezone land and applications for approval of a PUD; and 7. Prepare studies, recommendations, plans, or other documents as may be requested by the City Council. 1. 06. 04 Board of Adjustment ( BOA) A. The powers, duties, and responsibilities of the BOA shall be to: 1. Review, consider, and render decisions regarding applications to expand or modify benign nonconforrnities; 2. Review, consider, and render decisions regarding applications for variances; 3. Review, consider, and render decisions regarding appeals of administrative Pa., I- 7 December 15. 2011 m' J Pruvixicros Packet Pg. 26  3. L. Fn. Icannon nrnd6 I" Al. i. and Da clopmenl Code decisions; and 4. Consider such other matters as may be assigned by the City Council. 1. 06.05 Code Enforcement Board ( CEB) A. Appointments, membership, and qualifications 1. Appointments to the CEB shall be for a term of three ( 3) years. 2. Preference shall be given to potential members with experience and expertise in the following professions: zoning, architecture, building ( contractors or subcontractors), and real estate. B. The powers, duties, responsibilities, and procedures of the CEB shall comply with the requirements set forth in Chapter 162, Part 1, F.S. 1. 07. 00 DOCUMENTS REFERENCED The City shall annually publish a list of documents, codes, and manuals which are adopted for regulation of development within the City in addition to this LDC. 1. 08. 00 ACRONYMS AND DEFINITIONS 1. 08.01 List of Acronyms ADA Americans with Disabilities Act BOA Board of Adjustment CCCL Coastal construction control line CRA Community Redevelopment Agency DBH ( dbh) Diameter at breast height DO Development order DRI Development of regional impact EPA Environmental Protection Agency ERP Environmental Resource Permit FAA Federal Aviation Administration FAC Florida Administrative Code FCC Federal Communications Commission FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FLUM Future Land Use Map 4eno A Pro, ixions oceo,, ber IS, 2011 PackekPg. 27  3. 1. a F,» I Vti anon tench Lend FS Florida Statutes ITE Institute of Transportation Engineers LDC Land development code LOS Level of service NGVD National Geodetic Vertical Datum PUD Planned Unit Development ROW Right -of -way TCEA Transportation eoncumency exception area USACOE United States Army Corps of Engineers 1. 08. 02 List of Defined Terms Words used in this LDC shall be construed according to the common meaning as defined in a standard dictionary, such as the Merriam -Webster Collegiate Dictionary, or other source, such as The Florida Building Code, or the Florida Statutes. Words defined in this Section have the meaning provided when used in this LDC. Access: A way or means of vehicular or pedestrian approach to provide physical m entrance to a property. ' o Accessory use or building: A subordinate use or building customarily incident to and located upon the same lot occupied by the main use or building. Adverse effects: Any modifications, alterations, or effects or waters, associated wetlands, H or shorelands, including their quality, quantity, hydrology, surface area, species composition, N or usefulness for human or natural uses which are or may potentially be harmful or injurious m to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor o recreation. The tern includes secondary and cumulative as well as direct impacts. xA Aquifer: An underground formation, group of formations, or part of a formation that is p` permeable enough to transmit, store or yield usable quantities of water. a. Archaeological site: A property or location which has yielded or may yield information on the city' s and local area's history or prehistory. Archaeological sites are evidenced by the v presence of artifacts and features indicating the past use of a location by people. t Arena, auditorium, or stadium: An open, partially enclosed or fully enclosed facility z primarily used or intended for commercial spectator sports or entertainment. Typical uses include convention and exhibition halls, sports arenas, and amphitheaters. Artisan .studio: A workplace for a person skilled in an applied art. As -built plans: The amended site development plans specifying the locations, dimensions, elevations, capacities and capabilities of structures or facilities as they have been constructed. General Prmiricm+ Pup, I - ) Dc c, mnrr I5. 2011 Packet Pg. 28  3. 1. a I 1) 1- 1 NN . 11 ncach I' iN. AI. Land D"' I" J. mem Cube r^ n. G Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building: Any structure built for support, shelter, or enclosure for any occupancy or storage. Clearing: The removal of trees and brush from a substantial part of the land but shall not include mowing of grass. Commercial vehicle: Any vehicle whether motor-driven or towed, and used constructed or equipped for the transportation of goods, wares, merchandise, tools, or equipment in the trade, commerce or industry. The following vehicles shall be excluded from the effect of this LDC: Passenger vehicles including station wagons, SUVs, and vehicles constructed for recreational purposes or other non commercial purposes, vehicles used by governmental agencies for official business, and vehicles which are or may be required to be similarly identified by State or Federal law Cottage industrv: The creation or assembly of products in a home -based setting rather than a factory. Cross -access: A vehicular and /or pedestrian connection between abutting properties which permits the exchange of trips between the two adjacent sites without the need to use the public street system. Cultural or historic resource: Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. The properties may include, but are not limited to, monuments, memorials, Native American habitations, ceremonial sites, abandoned settlements, artifacts or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government, and culture of the city, the state, or the nation. Dedication: The deliberate appropriation of land by its owner for any general and public use, reserving to such owner no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. De minimus: A matter so minor as to be disregarded. Density: Number of residential dwelling units per acre. Detention: The collection and storage of surface water for subsequent controlled discharge at a rate which is less than the rate of inflow. Va" I- 10 1), o, A), r I5. 2011 Gener:d 1" o' ikimu Packet Pg. 29  3. 1. a I IN'AI. CuAc I' ux2 U III On Rendh Development order. Any order granting, denying, or granting with conditions, any official action of the City having the effect of allowing or denying the development or use of land. Development permit: A document issued by the City authorizing the applicant to undertake construction, earth moving, tree removal, paving, or installation of landscaping materials. Direct hydrologic connection: A surface water connection which, under normal hydrological conditions, occurs on an average of thirty ( 30) or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.