Fort Walton Beach Council agenda — 06-10-08 regular agenda — reading text

driving hours, dumpster contents removal. Swimming pool enclosures with specified standards for pools, spas and enclosures. What has not been amended includes: development standards such off -street parking, landscape, signage, and stormwater management have been recently revised and are basically the same; zoning districts ( except those eliminated because no longer in use and inconsistent with the Future Land Use Map) and their standards ( except in a few cases where the standard was obsolete or not consistent with comp plan). The Table of Contents for the new Land Development Code is: GENERAL PROVISIONS ADMINSTRATION /ENFORCEMENT SUBDIVISION REGULATIONS ZONING DISTRICTS DEVELOPMENT STANDARDS RESOURCE PROTECTION CONCURRENCY SUPPLEMENTAL STANDARDS GLOSSARY MPB ACTION: On February 21, 2008, MPB considered Ordinance 1756, An Ordinance of the City of Fort Walton Beach, Florida relating to adoption of the 2008 Land Development Code as Volume / V of the Code of Ordinances; specifically amending Chapter 12. 10, Designation and General, of the current Land Development Code, as set forth in this Ordinance and the attached Land Development Code; providing editorial and codification authority, conflicts, and severability; and setting an effective date. MPB discussed the major changes to the proposed LDC which are shown in the table below with the MPB' s recommendation in the last column. Following the table is a description of each of the recommended change to each of the sections identified in the table, with a brief explanation for the recommended change. MAJOR CHANGES Section # Title Change MPB Recommendation and Staff Action 13. 805 Penalties or Deleted Delete Remedies Section Deleted 16. 101. 5 Accessory Apartment New section: allows construction Delete and rental of accessory apartment Section Deleted in single family districts and provides standards 16. 104 Bed and Breakfast New Section that allows operation Delete of bed and breakfast in historic Section Deleted structure in single family districts and provides operation standards 16. 118 Permanently Installed New Section that allows Delete Generators permanently installed generators Section Deleted and sets standards 16. 200 Parking of Provides an option to the provision Delete Recreational Vehicles which permits the parking of Option not recreational vehicles which sets incorporated, additional criteria for the location of Original language the parked RV unchanged 16. 300 Inoperable or Derelict The requirement for a current No change Vehicles license tag is being challenged by No change Mr. Ray Sie Major Changes: Below are the sections referred to in the table above, followed by a brief explanation of the staff recommendation and MPB recommendation. 81- MMMM - - -:- - -: MZFTL. 95MM301awsh95MM301awsh 11 ._ .. - ElEl This section is deleted because it replicates Chapters 1. 05. Violations of Code, and 2. 05. Code Enforcement Board, of the Code of Ordinances. The staff, city attorney and MPB recommend that this section be deleted. 16. 101. 5. Accesso Apartment. An accessory apartment use shall comply with the followinq standards: [ See GlossarFLfor definition] A. General. A maximum of one apartment may be permitted as an accessory use to a principal family dwelling unit. The accessory apartment may be attached to single- the principal dwelling unit, a freestanding structure or located above a one -story accessory structure. B. Accessory to Single Family. In single family homes or lots, no accessory apartment shall contain more than one bedroom or be larger than 600 square feet in size; C. Similar Materials. The accessory apartment shall be constructed of materials substantially equivalent to either the principal dwelling unit or other permanent accessory structure on the lot, provided that such materials comply with all other applicable standards .of the building code; D. Compatible Character. The accessory apartment shall be compatible in character and subordinate in size to the principal dwelling unit or the commercial uses in which they are located in the Commercial and Mixed Use Districts. E. Yard Setbacks. The accessory apartment shall comply with the minimum yard setbacks applicable to the district in which it is located; and F. Ownership. The accessory apartment in the residential districts shall remain accessory to and under the same ownership as the principal single family dwelling unit, which shall be the principal residence of the property owner and homesteaded. The concept of an accessory apartment was first discussed as a means to provide additional housing for family, especially elderly parents and for young adults. It was broadened to allow rental as a means to provide additional income to offset the costs of taxes and insurance and provide affordable workforce housing. The neighborhoods were in support of this change. The primary concern expressed by the MPB was the negative impact on the adjacent single family property, i.e., cars, noise, number of people, etc. 16. 104. BED AND BREAKFAST. 16. 104. 1. Site Development Standards. A bed and breakfast use shall comply with the following standards: A The bed and breakfast shall be a property that complies with one of the following standards: 1 It is within an historic structure in a residential district as defined by Sec. 17. 700;