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

reconstruction, rehabilitation, or restoration of buildings listed on the National Register of Historic Places or the Florida Master Site File. Such variance shall comply with the standards set forth in Sections 8. 02. 01, through 8. 02.03, except where compliance would result in the structure losing its historical designation. 8.02. 06 Specific Requirements for Variances in Areas of Flood Hazard A. An application for a variance in an area of flood hazard identified in Chapter 3 shall comply with the findings and procedures set forth in Sections 8. 02. 01 through 8. 02. 03. B. In addition to the required findings set forth in Section 8. 02. 02, the BOA shall make the following findings when a variance is requested in an area of flood hazard: 1. There is no anticipated danger to public safety from materials that may be swept onto other lands thereby causing the injury of others; 2. There is no anticipated danger to life and property resulting from flooding or erosion; 3. The proposed facility and its contents are not susceptible to flood damage and the potential effects of such damage; 4. The proposed facility and services to the public provided by the facility are of such importance to the community that maximum protection from flood waters shall be ensured; 5. The facility requires a waterfront location, and is considered a water -dependent facility; 6. There are no alternative locations for the proposed use that are not subject to flooding or erosion damage; 7. Safe access to the property can be maintained in times of flood for ordinary and emergency vehicles; 8. The proposed variance is the minimum required to avoid undue hardship and is designed to address the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 9. The proposed variance shall not result in increased costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 10. The proposed variance shall not result in an adverse effect on the City' s Community Rating System rating. C. Variances shall not be granted within any designated floodway if any increase in flood levels would occur during the base flood discharge. 8. 03. 00 APPEALS OF ADMINISTRATIVE DECISIONS 8.03. 01 Applicability Administrative decisions include decisions by the Development Administrator and staff members pertaining to the following matters: zoning determinations, certificates of Pape a - 4 u, mnl er I5. 2011 r arfelimie front standard. Packet.Pg. 162  3. t. a 1 I AI Land D"' 01. pmmm Cod, 1( tti It 11, 11.," coneurency, minor plats, administrative waivers, change of use, interpretation of permissible uses within zoning districts, and expedited development orders. A person adversely affected by an administrative decision may appeal such decision to the BOA. 8.03. 02 Notice of Intent to File an Appeal of an Administrative Decision A. Prior to filing an application for an appeal of an administrative decision, an affected party shall file a Notice of Intent to Appeal within five ( 5) business days following the administrative decision, determination, or action to be appealed. The City shall provide a form for filing a Notice of Intent to Appeal. No fee shall be required. B. When a Notice of Intent to Appeal is filed, all work that is the subject of the appeal on a site shall be stayed for ten ( 10) business days. 8. 03. 03 Filing an Appeal of an Administrative Decision A. Within ten ( 10) business days following filing of a Notice of Intent to Appeal, the affected party filing the Notice of Intent may file an application to appeal an administrative decision. B. The application shall include a detailed explanation regarding how the applicant is negatively affected by the administrative decision. Where the administrative decision was based on technical standards, the applicant shall provide detailed data and analysis regarding alleged errors in the application of the technical standards. C. The appropriate fee as established by the City shall accompany the application. No portion of the fee shall be refunded. D. Upon receipt of an application to appeal an administrative decision, the Development Administrator shall schedule the appeal to be heard by the BOA. 8. 03. 04 Stay of Work Filing an appeal of an administrative decision stays all work on the premises and all proceedings in furtherance of the action appealed that is subject to the appeal. When the Development Administrator determines that a stay would cause imminent peril to life or property, the Development Administrator shall notify the BOA of the determination. Only the work necessary to avoid imminent peril to life or property shall be permissible; all other work shall be stayed. 8.03. 05 Procedures for Consideration of an Appeal of an Administrative Decision A. The consideration of an appeal by the BOA of an administrative decision shall be a de novo quasi -judicial hearing. B. The Development Administrator shall prepare a report following the procedure for preparation of a compliance report set forth in Section 9. 01. 05. C. Notice of the hearing shall be provided as set forth in Section 9. 04. 00. D. The applicant has the burden of proof to demonstrate that the administrative decision was in error. E. The BOA shall determine whether the provisions of this LDC have been properly applied and shall take action as follows: 1. Affirm the administrative decision that is the subject of the appeal; 2. Reverse, wholly or in part, the administrative decision that is the subject of the appeal; or Page 8- 9 Decemhcr 15. 2011 Variations ilront Smndard. Packet Pg:,163  3. 1. a I.. d .. Ito Ac 1' IA11 t to It 1111. 11 3. Modify the administrative decision that is the subject of the appeal. F. The BOA shall issue a written order containing findings of facts and conclusions of law. 8. 03. 06 Appeal of Board of Adjustment Decisions The decision of the BOA shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction. 8. 04. 00 ADMINISTRATIVE WAIVERS 8. 04.01 Generally A. Purpose The purpose of an administrative waiver is to provide a means to grant permission for a waiver or de minimis departure from the standards of the zoning district where unique characteristics of a parcel together with the imposition of the specific regulations of the zoning district result in a potential hardship. B. Applicability The Development Administrator is authorized to waive or reduce site development standards as set forth in Section 8. 04. 02 where the intent of this LDC can be achieved and compatibility can be maintained. 8. 04. 02 Standards The Development Administrator may consider a waiver or reduction of one ( 1) or more of the specified site development standards in the following situations: A. After commencement of development activity, a waiver may be granted subject to all of the following conditions: 1. A valid development permit has been issued; 2. An error in a dimensional standard has been identified during construction by the contractor, surveyor, builder, or property owner; 3. The dimensional standard on the development site does not deviate from the approved dimensional standard by more than ten ( 10) percent; and 4. Developing according to the incorrect dimensional standard shall not result in an adverse health, safety, or welfare impact on the site or to the public. B. Where the lot area standards and / or lot dimension standards for the zoning district in which the development is proposed do not allow the development to achieve the otherwise permissible density, the Development Administrator may waive up to ten 10) percent of the standard. C. Where two ( 2) or more lots are proposed for a unified development with a central stormwater management facility, the Development Administrator may waive the requirement for each lot to provide a separate stomawater management facility. D. Where a native tree that is eight (8) inches or more dbh would be removed in order to allow building placement in compliance with all required setbacks, a waiver of up to ten ( 10) percent of the applicable setback may be granted by the Development Administrator. E. Where a native tree that is eight ( 8) inches or more dbh would prevent compliance with building separation standards, a waiver of up to ten ( 10) percent of the required 1,, uoru1 u1n Page9 - 10 t arjvw, os limn SLrnAard,