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Fort Walton Beach Council agenda — 01-24-12 special ldc — reading text
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9 -15
9. 02. 05 Submittal Requirements for Site Development Plans
9 - 15
9. 02. 06 Submittal Requirements for Subdivision Plats
9 - 17
9. 02. 07 Submittal Requirements for Minor Plats
9 - 18
9. 02.08 Submittal Requirements for Planned Unit Developments
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9. 02. 09 Submittal Requirements for Rezoning Applications
9 - 18
9. 02. 10 Submittal Requirements for Vacations
9 - 19
9. 02. 11 Submittal Requirements for Amendments to this Land Development
Code
9 - 19
9. 02. 12 Submittal Requirements for Development Permits
9 - 19
9. 03. 00 CONCURRENCY REQUIREMENTS
9. 03. 01 Purpose 9 - 19
9 - 19
9. 03. 02 Certificate of Concurrency Required
9 -20
9. 03. 03 Determination of Concurteney
9- 21
9. 03. 04 De Minimis Projects
9 -21
9. 03. 05 Strategies to Rectify a Lack of Coneurrency
9 -22
9. 04.00 NOTICE REQUIREMENTS
9- 22
9. 04.01 Generally
9 -23
9. 04. 02 Published Notice Requirements
9. 04.03 Posted Notice Requirements 9 -23
9 -23
9. 04. 04 Mailed Notice Requirements
9 -24
9. 05. 00 RESERVED
9- 24
9.06.00 QUASI -JUDICIAL HEARINGS
9 -24
9. 06. 01 Procedures Regarding Ex Porte Communication
9- 24
9. 06. 02 Conduct of Hearings
9- 24
9. 06.03 Order of Presentations
9 -25
9. 07. 00 AMENDMENTS TO DEVELOPMENT ORDERS FOR SITE
DEVELOPMENT PLANS AND PERMITS
9 -25
9. 07. 01 Amendments to Expedited Development Orders
9 -25
9. 07. 02 Minor Amendments to Major Development Orders Approved by City
Council
9. 07. 03 Amended Development Orders for Major Developments 9 -26
9 -26
9. 07. 04 Amendment after Issuance of a Building Permit
9 -26
9. 08. 00 DEVELOPMENT AGREEMENTS
9 -26
9. 09.00 VACATIONS
9 -26
9. 09. 01 Vacation of Subdivision Plats
9 -26
9. 09. 02 Vacation of Public Rights -of -Way
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9. 09.03 Vacation of Easements
9- 27
9. 10.00 VIOLATIONS AND ENFORCEMENT
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9. 10. 01 Violations
9 -27
9. 10. 02 Penalties
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9. 10. 03 Enforcement
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9. 00.00 GENERALLY
9. 00. 01 Purpose and Intent
A. Purpose
The purpose of this chapter is to set forth responsibilities and procedures for the
administration of this Land Development Code. This chapter sets forth the
procedures for receiving, reviewing, and rendering decisions on applications for
development orders, permits, rezonings, and amendments to this LDC, the
Comprehensive Plan, and development orders.
B. Intent regarding existing use of land
It is the specific intent of the City that an existing use of land which is lawful on the
date of adoption of this LDC, whether a permitted use or a conditional use, shall
remain a lawful use. If the use was approved subject to one ( 1) or more conditions,
those conditions shall continue in full force and effect unless a new approval is
granted.
9. 00. 02 Applicant; Owner; Owner' s Agent; Contract Purchaser
Throughout this LDC the term applicant refers to the person submitting applications and
associated materials. The applicant shall be the property owner, a designated representative
of the property owner, or a purchaser under contract. The representative may be called the
owner' s agent; the purchaser under contract may be the designated representative. A
notarized statement shall be provided by the owner authorizing the representative to act as an
agent of the property owner with regard to the application and associated procedures. Where
an action is reserved to the owner of the property, the term owner is used.
9. 00. 03 Development Permits and Development Orders Required; Exemptions;
Recording
A. A development permit shall be required in conformance with the provisions of this
LDC prior to the commencement of any development activities.
B. A development order shall be required prior to applying for a development permit for
any of the activities authorized by the following:
1. Site development plan, including proposed development subject to supplemental
standards or bonus provisions;
1 Site development plan and rezoning for planned unit development ( PUD);
3. Preliminary and final subdivision plats;
4. Rezoning;
5. Development agreements;
6. Development orders for developments of regional impact as defined in Section
380. 06, F.S.; and
7. Future land use map amendment.
C. A development permit shall be required for the following activities:
L 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
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systems and connections, building systems ( electrical, gas, mechanical, or
plumbing), or landscaping other than a single -family home;
6. Marine construction;
Z 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.
D. Land clearing shall not be construed to include routine landscaping maintenance.
E. Projects for which a development permit has been lawfully issued prior to the
effective date of this LDC may continue, provided that:
1. The development permit has not expired prior to the effective date of this LDC;
2. The development activity authorized by the development permit commenced on
or before the effective date of this LDC and continues in good faith according to
the applicable time limits; and
3. The development activity authorized by the development permit is in accordance
with all applicable development permits.
F. According
1. A development order, and any amendments to a development order, shall be
recorded in the office of the City Clerk, at the expense of the applicant, prior to
