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

following requirements: 1. One ( 1) sign shall be provided for each abutting rigbt -of w - ay and shall be clearly visibly on each portion of the property that fronts a right -of w - ay. 2. The sign( s) shall be a minimum of two ( 2) s. f. in area. Lettering on the sign shall be large enough to be legible to motorists. 3. The signs) shall include only the following information: the action proposed and the date, time, and place of the public hearing for consideration of the application. 4. The sign( s) shall be posted at least ten ( 10) business days prior to the date of the public hearing. 5. The applicant shall provide photographic documentation of the sign( s) at least five (5) days prior to the public hearing. 6. The sign( s) shall be removed not later than five ( 5) business days following the public hearing. C. Failure to maintain or replace the sign( s) shall not affect the jurisdiction of the reviewing board or decision- making entity to consider the application or the validity of any resulting decision. 9. 04. 04 Mailed Notice Requirements When an application has been determined complete as set forth in Section 9. 01. 03, mailed notice shall be provided to all property owners within 300 feet of the property that is the subject of the application. Mailed notice is not required for amendments to this LDC or other applications that do not affect a specific property. Notices shall be mailed within five ( 5) Vdminktrance Procedures Page 9 - 24 Racket Pg. 20  13. 1.. Land W, ehd ... nrul Cnde business days following the determination that an application is complete. The applicant shall be responsible for providing proof to the City that mailed notice has been provided in compliance with the requirements in this section. As an alternative, the applicant may pay a fee to the City for City staff to provide the mailed notice. 9. 05. 00 RESERVED 9. 06. 00 QUASI- JUDICIAL HEARINGS 9. 06.01 Procedures Regarding Ex Porte Communication A. A member of a decision -making entity shall not willfully participate in an ex parte communication regarding a pending application. B. All ex parte communications shall be disclosed. 9. 06. 02 Conduct of Hearings A. The hearing shall be conducted in a manner to protect the due process rights of the applicant and any affected parties. a B. All testimony presented by the applicant, any affected party, any witness for any m party, or the staff ( other than legal advice given by the City Attorney) shall be provided under oath. o C. The applicant, any affected party, and the staff may cross -examine any person presenting information at the hearing. o D. An electronic record shall be made of the hearing. E. Members of the general public may provide comment during the hearing. If a member of the general public desires his or her testimony to be considered as a potential competent substantial evidence, such person shall be placed under oath and m subject to cross -examination. a F. The decision -making entity may question the applicant, other parties, witnesses, and the City staff at any time during the hearing. r' E. The decision -making entity shall render a decision which shall be based upon competent substantial evidence presented during the hearing. W H. The decision- making entity shall enter a written order which contains findings of fact and conclusions of law in support of its decision. cN 1. The decision -making entity' s written order shall be filed with the City Clerk as part of the official records of the City. 9. 06. 03 Order of Presentations The following order of presentation shall be followed: A. Announcement of the matter for consideration by the chairperson or the Mayor. Evidence that all notice requirements have been met shall be confirmed before continuing with such matter. B. Disclosure by each member of the decision- making entity of any ex parte communications. C. Presentation by the Development Administrator of the Compliance Report regarding the pending application. D. Presentation by the applicant of evidence supporting the application. The applicant shall bear the burden of demonstrating that the application should be granted. Adrumistratne Procedure, Page 9 - 25 Paclt ; ; 250  13. 1. c Laud Cod, Port wallop Beach E. Presentation by an affected party, if any, of evidence opposing the application. F. Public comment. G. Rebuttal by the Development Administrator, any affected party, and the applicant. H. Conclusion of the evidentiary portion of the hearing. I. Closing arguments by the Development Administrator, any affected party, and the applicant. J. Deliberation by the decision -making entity. 9. 07. 00 AMENDMENTS TO DEVELOPMENT ORDERS FOR SITE DEVELOPMENT PLANS AND PERMITS 9. 07.01 Amendments to Expedited Development Orders A. Proposed amendments to expedited development orders shall be processed in the same manner as the original application. B. One ( 1) copy of the approved site development plan shall be submitted with the proposed amendments clearly identified. C. If approved, an amended development order shall be issued. m 9. 07. 02 Minor Amendments to Major Developments Approved by City Council A. The following situations shall be considered minor amendments to major N development orders issued by City Council: o 1. A modification to the type and location of landscaping materials, provided that o there is no reduction in the required total amount of landscaping material and the o landscaping plan continues to comply with the provisions for landscaping set forth in Section 4. 08. 00. a 2. A minor adjustment in the location of dumpsters, sidewalks, bicycle facilities, aE sheds, or other accessory buildings, provided that: a. The adjustment does not deviate from the approved location by more than ten m 10) percent of the linear distance from the approved location in any direction; b. Such adjustment does not encroach into any required buffer or stormwater management area; c. Such adjustment does not increase the approved impervious surface ratio for w the project; and a d. The location continues to comply with all standards of this LDC 3. The addition of a deck, porch, patio, or similar appurtenance, provided that the d E addition is less than 300 s. f and the location complies with the requirements for such appurtenances as set forth in Chapters 4 and S. i< 4. A minor adjustment in the location and design of parking lots and access drives, m provided that: a. Such adjustment does not encroach into any required buffer or other n landscaped area; r b. Such adjustment does not increase the approved impervious surface ratio for the project; a E c. Such adjustment does not reduce the number of parking spaces; and d. Such adjustment continues to comply with all standards of this LDC and the Engineering Standards Manual ofFort Walton Beach. B. One ( 1) copy of the approved site development plan shall be submitted with the dministratke Procedures Paget/ - 26 Pac .. : 257  13. 1. c Codc Fan proposed amendments clearly identified. C. The amendment shall be processed in the same manner as an amendment to an expedited development order. If approved, an amended development order shall be issued by the Development Administrator. 9. 07. 03 Amended Development Orders for Major Developments Proposed revisions to a site development plan categorized as a major development where the development order was issued by City Council which do not meet the criteria set forth in Section 9. 07. 02 shall be processed in the same