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

appeal is not timely filed. 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 ROA LPA 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 B9A LPA of an administrative decision shall be a de nova 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 89A LPA 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 3. Modify the administrative decision that is the subject of the appeal. F. The B9A LPA shall issue a written order containing findings of facts and conclusions of law. 8. 03. 06 Appeal of 9oaFd- ofAdjostmenf Local Planning Agency Decisions n The decision of the A 0 A LPA shall be final, and there shall be no further review thereof m except by resort to a court of competent jurisdiction. N 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 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 N ; u' iatioac p- om slan. la" r, Pagr 8 - 10 T*ket Pg. 223  13. 1. E I. rf w AtMI Beach Lend P(,, dop. ncul Code 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 local development permit has been issued; 2. An error in a dimensional standard has been identified during construction by the o contractor, surveyor, builder, or property owner; a 3. The dimensional standard on the development site does not deviate from the approved dimensional standard by more than ten ( 10) percent; and P N 4. Developing according to the incorrect dimensional standard shall not result in an o 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 w 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 a requirement for each lot to provide a separate stormwater management facility. m 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 0 ten ( 10) percent of the applicable setback may be granted by the Development Administrator. 0 E. Where a native tree that is eight ( 8) inches or more dbh would prevent compliance o with building separation standards, a waiver of up to ten ( 10) percent of the required separation may be granted by the Development Administrator. a F. As an alternative to a parking study where a permissible change of use is proposed, m E the Development Administrator may waive up to ten ( 10) percent of the required parking spaces. m G. Where a permissible change of use is proposed, the Development Administrator may waive up to twenty ( 20) percent of the required landscaping. rrm 8. 04.03 Procedures for Administrative Waivers A. Any person requesting a waiver to a provision set forth in Section 8. 04. 02 shall submit an application to the City on forms provided by the City. E 1. The application shall include the information required for all applications as set a forth in Section 9. 02. 02. E a 2. The application shall include detailed information to explain how the proposed x waiver conforms to the requirements set forth in Section 8. 04. 02. 3. An application for a waiver for development subject to review of a site development plan shall be processed as part of the site development plan review. o. 4. The appropriate fee as established by the City shall accompany the application. s No portion of the fee shall be refunded. B. The Development Administrator shall approve, approve with conditions, or deny the d requested administrative waiver, based on compliance with the requirements of E Section 8. 04. 02 and the following findings: m 1. There are special circumstances applicable to the development site consistent with a the situations set forth in Section 8. 04.02; variations from Shmda. d, Fage 8 - I 1  13. 1. b Laud I) eccluymeut Code 1= t NN I Bcach 2. Approval of the administrative waiver is consistent with the intent of this LDC and the purposes of the zoning district in which the development site is located; 3. Approval of the administrative waiver is consistent with the Comprehensive Plan; 4. The administrative waiver is the minimum necessary to ensure that the proposed development is able to achieve reasonable use; 5. The administrative waiver shall ensure compatibility of the resulting development with the uses of land and character of the adjacent and surrounding neighborhood; and 6. The administrative waiver includes conditions to ensure that the administrative waiver does not constitute a grant of special privileges inconsistent with the limitations upon other properties within the same zoning district. C. The decision regarding the administrative waiver shall be provided in writing to the applicant and shall be recorded with the approved site development plan. The administrative waiver shall expire when the site development plan approval expires. The expiration date for an administrative waiver shall not be extended except upon extension of the expiration date for the site development plan to which the administrative waiver pertains. D. A decision regarding an administrative waiver may be appealed to the BOA LPA in compliance with the requirements set forth in Section 8. 03. 00. Carlation, from standard, Page $- 12 Pact4tPg..225  F- 131. Brach