Fort Walton Beach Ordinance — 1877--dissolves boa — reading text

of the public. B. The BOA LPA shall not consider a nonconforming use of neighboring lands, structures, or buildings in the same zoning district, or a permitted use of lands, structures, or buildings in other zoning districts, when determining whether to grant an application for a variance. 8. 02. 03 Procedures for Variances A. Any person requesting a variance from the provisions of this LDC shall submit an application to the City on forms provided by the City. 1. The application shall include the information required for all applications as set forth in Section 9. 02. 02. 2. The application shall include a detailed explanation regarding how the proposed variance complies with each of the requirements of Section 8. 02. 02. 3. An application for a variance for development subject to review of a site development plan shall be processed prior to completion of the site plan review process. 4. The appropriate fee as established by the City shall accompany the application. No portion of the fee shall be refunded whether the application is withdrawn by the applicant or is denied by the City. B. The applicant for a variance has the burden of proof of demonstrating that the application for a variance complies with each of the requirements of Section 8. 02. 02. C. The application shall be reviewed by the Development Administrator for compliance with the required findings set forth in Section 8. 02. 02. A report shall be prepared and provided to the BOA LPA at least seven ( 7) business days prior to the scheduled N' ialion' Trani Standards Page 8 Pack4tt.!± 320  F13 .1. b 1_ and N anoa Beach hearing date. D. The BOA LPA shall conduct a quasi -judicial hearing according to the procedures set forth in Section 9. 06. 00. E. Notice of the hearing shall be provided as set forth in Section 9. 04.00. F. The BOA LPA shall approve, approve with conditions, or deny the application for a variance, based upon findings for each of the provisions set forth in Section 8. 02. 02. The decision of the BOA LPA shall be reduced to a written order, which shall be issued to the applicant and filed with the Okaloosa County Clerk of Court. An order approving or approving with conditions shall expire within one ( 1) year of the date of such order, unless development subject to the variance is completed. The order may be extended once by the BOA LPA for good cause for a period not to exceed one ( 1) year. G. Limitations on the grant of a variance 1. A variance shall not be granted which authorizes a use that is not permissible in the zoning district in which the property subject to the variance is located. 2. A variance shall not be granted which authorizes any use or standard that is expressly prohibited by this LDC. 8. 02. 04 Appeal of Local Planning Agency Decisions 6 The decision of the BOA LPA shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction. U 8. 02. 05 Specific Requirements for Variances Regarding Historic Buildings Variances may be issued for the reconstruction, rehabilitation, or restoration of buildings listed on the National Register of Historic Places or the Florida Master Site File. Such m E 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. Am 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 W comply with the findings and procedures set forth in Sections 8. 02. 01 through m 8. 02. 03. v B. In addition to the required findings set forth in Section 8. 02. 02, the BOA LPA shall E make the following findings when a variance is requested in an area of flood hazard: m 1. There is no anticipated danger to public safety from materials that may be swept E onto other lands thereby causing the injury of others; 2. There is no anticipated danger to life and property resulting from flooding or r J erosion; 3. The proposed facility and its contents are not susceptible to flood damage and the n potential effects of such damage; t 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 a shall be ensured; rE u 5. The facility requires a waterfront location, and is considered a water -dependent facility; a 6. There are no alternative locations for the proposed use that are not subject to V' nrimiom from Standards Page 8 - 8 Paekot Pg. fti  F13 .1. b F l" Aton B ° uqh land 1)" d upmcn l Code 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; 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; and 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 concarrency, 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 LPA. 8. 03. 02 Notice of Intent to File an Appeal of an Administrative Decision m` A. Prior to filing an application for an appeal of an administrative decision, an affected G 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 m 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 adversely 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. The application shall not be accepted without the filing fee. 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 1394 LPA. B. The administrative decision subject to the Notice of Intent shall become final and Variations rrmn Standards Pa;;, 8 -' 1 Packet Pg. :.  13. t. b I ? nd 1) eu9opment (' ode 1 I NN` II Blach effective if an application to