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

1- 8 1. 08. 02 List of Defined Terms 1- 9 Gcncral Pro +isions Pa; q I - I D) ccmbcr 15. 2411 Packet Pg. 20  F3 1.. a Port 1N At Bcnc1, 1' 111: U. land (' ode 1. 00. 00 GENERALLY 1. 00. 01 Purpose and Intent A. The primary purpose of this Land Development Code is implementation of the City of Fort Walton Beach Comprehensive Plan ( Comprehensive Plan). B. This LDC is further intended to accomplish the following purposes: 1. Protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience, morals, and general welfare; 2. Guiding and accomplishing coordinated and harmonious development in accordance with the existing and future needs of the City; 3. Conserving the value of land, buildings, and resources, and protecting landowners from potential adverse impacts of proposed developments; 4. Protecting the character and maintaining the stability of residential, business, industrial, recreation, and public areas; 5. Controlling and regulating the growth of the City, concentrating the more intense development in areas of high capability and limiting development in areas of low capability; 6. Directing and controlling the type, distribution, and intensity of development; and 7. Being equitable, in terms of consistency, with established regulation and procedures, respecting the rights of property owners while taking into consideration the interests of all the citizens of the City. 1. 01. 00 TITLE This code shall be known as and entitled the " Fort Walton Beach Land Development Code" and 0 may be referred to as the " LDC" mm N 1. 02. 00 AUTHORITY This LDC is enacted pursuant to the requirements and authority of Chapter 163, Part II, F.S., and 0 Chapter 166, F.S. 1. 03. 00 APPLICABILITY 1. 03. 01 Generally Except as otherwise provided in this LDC: A. The use of any parcel of land, or any structure, or any combination thereof, within the corporate limits of the City shall be in conformance with the requirements of this LDC. B. All development shall conform to the standards, criteria, requirements, and procedures of this LDC. 1. 03. 02 Exceptions Previously approved projects that are identified as exempt from the provisions of this LDC are exempt only to the extent of the previous approval and are exempt from the provisions of this LDC only to the extent that such provisions are inconsistent with the prior, unexpired approval. Specific requirements regarding existing, valid development orders and permits are set forth in Chapter 9. General Pro, kma, Paec 1 - 2 Ikvs mbrr 75. 21111 Packet Pg. 21  F- 3 .1. a Beach IINAI. Land 1. 04. 00 ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION 1. 04. 01 City Manager The City Manager is the chief administrative official of the City ( see the Fort Walton Beach Code of Ordinances, Section 1. 02. 09). For the purposes of this LDC, the City Manager is assigned to administer, interpret, and implement the standards, criteria, and procedures of this LDC where the Development Administrator or other specific staff position within the City has not been designated for such action. 1. 04. 02 Development Administrator The Development Administrator is the City staff person designated to issue development orders for expedited development, approve compliance reports, authorize administrative waivers, and other actions required for implementation of this LDC as specifically designated by the Development Administrator. 1. 04. 03 Floodplain Administrator The Development Administrator shall serve as the floodplain administrator required to administer and implement the floodplain regulations set forth in Chapter 3. As required by FEMA, the floodplain administrator shall have the following duties: A. Review permits to assure sites are reasonably safe from flooding; B. Review all development permits to assure that the permit requirements of Section 3. 01. 00 have been satisfied; C. Require copies of additional Federal, State, or local permits, especially as they relate to Sections 161. 053; 320. 8249; 320. 8359; 373. 036; 380. 05; 381. 0065; and Chapter 553, Part IV, Florida Statutes, be submitted along with the development permit application and maintain such permits on file with the development permit; D. Notify adjacent communities, the Florida Division of Emergency Management — State Floodplain Management Off-tee, the Northwest Florida Water Management District, FEMA, and other Federal and/ or State agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse; E. Notify FEMA within six ( 6) months when new technical or scientific data becomes available to the community concerning physical changes affecting flooding conditions so that risk premium rates and flood plain management requirements will be based on current data; F. Assure that the flood -carrying capacity within the altered or relocated portion of any watercourse is maintained; G. Verify and record the actual elevation ( in relation to mean sea level) of the lowest floor (A- Zones) of all new and substantially improved buildings, in accordance with Section 3. 01. 00; H. Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been flood -proofed, in accordance with Section 3. 01. 00; I. Review certified plans and specifications for compliance. When floodproofing is utilized for a particular building, certification shall be obtained from a registered engineer or architect certifying that all areas of the building, together with attendant utilities and sanitary facilities, below the required elevation are water tight with walls srnervl rrocisions i, r I. 2011 Packet Pg. 22  E-31.. Ibis { 4xnon 6eueh 1 11, UL I : uW Ilereiapment Cod, substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with Section 3. 01. 00; J. Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make the necessary interpretation; K. When base flood elevation data and floodway data have not been provided in accordance with Section 3. 01. 00, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or any other source, in order to administer the provisions of Section 3. 01. 00; L. Coordinate all change requests to the FIS, FIRM, and FBFM with the requester, State, and FEMA; and M. Where base flood elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with Section 3. 01. 00. 1. 05.00 INTERPRETATIONS " a 1. 05. 01 Generally A. In interpreting and applying the provisions of this LDC, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, 2 morals, and general welfare of the community. B. In the interpretation and application of this LDC, all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the City and shall not be construed to limit or repeal any other powers granted to the City under State law. N C. It is not intended by this LDC to interfere with, abrogate, or annul any easement, _ covenant, or other agreement between parties. D. Specific provisions of this LDC shall be followed in lieu of general provisions that may be in conflict with the specific provision. F E. Where provisions of this LDC conflict with other regulations, the more stringent o restrictions shall be applied. F. Where written text and illustrations are in conflict, the written text shall govern. m 1. 05.02 Responsibility for Interpretation A. In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this LDC, the Development Administrator shall be responsible for interpretation. In the interpretation of this LDC, the Development Administrator shall be guided by the requirements of the Comprehensive Plan. B. Responsibility for interpretation by the Development Administrator shall be limited to standards, regulations, and requirements of this LDC, and shall not be construed to include interpretation of any technical codes adopted by reference in this LDC. Interpretation shall not