Fort Walton Beach Ordinance — 1861--Adoption of the 2012 Land Development Code — reading text

ORDINANCE 1861 - AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; ADOPTING THE 2012 LAND DEVELOPMENT CODE; REPEALING THE CURRENT LAND DEVELOPMENT CODE FROM VOLUME IV, CODE OF ORDINANCES; REPEALING CONFLICTING PROVISIONS; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: Section 1. Title A. The provisions of this ordinance and the attached document, " City of Fort Walton Beach Land Development Code" are hereby adopted and shall be referred to as the Land Development Code (" LDC') of the City of Fort Walton Beach, Florida. B. This ordinance repeals the existing Land Development Code in its entirety and adopts the following chapters together with any subsequent references contained within the chapters: Chapter 1, General Provisions; Chapter 2, Zoning Districts and Uses; Chapter 3, Environmental and Resource Protection; Chapter 4, Development Standards; Chapter 5, Accessory, Temporary, and Special Use Situations; Chapter 6, Standards for Transportation, Access, Parking, and Loading; Chapter 7, Reserved; Chapter 8, Variations from Standards in the LDC; Chapter 9, Administrative Procedures. Section 2. Authority & Intent A. The authority for enactment of this ordinance is contained in Chapter 166.021, and other provisions of the Florida Statutes and section 2 of the City Charter. This ordinance is adopted in accordance with Chapter 163. 316 1, Community Planning Act, and 163. 3202, land development regulations. B. The city intends, through the adoption of this code, to combine and compile the necessary and desirable land development regulations as required by law to implement the City' s Comprehensive Plan adopted on February 8, 2011, and as amended. This ordinance and attached chapters of the land development code contain regulations which, in whole or in part, fall within the definition of land development regulations, more specifically described below: 1. land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall as a minimum: ( a) Regulate the subdivision of land; ( b) Regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space; ( c) Provide for protection of potable water wellfields; (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management; ( e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan; ( t) Regulate signage; ( g) Provide that public facilities and  services meet or exceed the standards established in the capital improvements element required by s. 163. 3177 and are available when needed for the development, or that development orders and permits are conditioned on the availability of these public facilities and services necessary to serve the proposed development; ( h) Ensure safe and convenient onsite traffic flow, considering needed vehicle parking. Section 3. Repeal of Current Land Development Code The current City of Fort Walton Beach Land Development Code, as codified in Volume IV, Code of Ordinances, is hereby repealed in its entirety. Section 4. Adoption of New Land Development Code The document, " City of Fort Walton Beach Land Development Code ", is hereby adopted as displayed in the attachment, including subsequent references and amendments, and shall be referred to as the Land Development Code of the City of Fort Walton Beach, Florida. Section 5. Findings The City Council of Fort Walton Beach finds that: A. The amended Land Development Code is consistent with and implements the City's adopted Comprehensive Plan and contains necessary specific and detailed provisions. B. As required by Section 163. 3202, F.S., the amended Land Development Code, at a minimum: 1. Regulates the subdivision of land; 2. regulates the use of land and water for those land use categories included in the land use element; 3. Ensures the compatibility of adjacent uses and provides for open space; 4. Provides for protection of potable water wellfields; 5. Regulates areas subject to seasonal and periodic flooding and provides for drainage and stormwater management; 6. Ensures the protection of environmentally sensitive lands designated in the comprehensive plan; 7. Regulates signage; 8. Provides that public facilities and services meet or exceed the standards established in the capital improvements element and are available when needed for the development, or that development orders and permits are conditioned on the availability of these public facilities and services necessary to serve the proposed development. 9. Ensure safe and convenient onsite traffic flow, considering needed vehicle parking. Section 6. Pending Applications Where a complete application for development approval is pending and being diligently pursued on the date of adoption of the LDC, the provisions of the regulations in effect on the date of filing the application shall govern the review and approval of the application for development approval, provided that the application is approved by City Council within six (6) months of the date of adoption of this revised LDC. Section 7. Existing Approved Uses An existing use which is lawful on the date of adoption of the revised LDC, whether permitted as a " permitted use" or a " conditional use" in the zoning district in which it is located, shall remain a lawful use. If the use was approved subject to one or more conditions, those conditions shall continue in full force and effect unless a new approval is obtained. Section 8. Previously Granted Variances All variances granted before the adoption of this LDC shall remain in full force and effect, including any conditions of that variance, and the property owner or agent with the variance may proceed to develop the property in accordance with the plans previously approved. However, if the recipient of the variance has failed to commence construction before the variance expires, or if the variance is not subject to a time frame for construction and six ( 6) months have expired, the provisions of the LDC shall govern and the variance shall have no further force and effect. Section 9. Conflicts All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. Section 10. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 11. Effective Date This Ordinance shall take effect on May 1 ", 2012. B. The Municipal Planning Board, sitting as the Local Planning Agency, held a public hearing and considered this ordinance on March 1 ", 2012. The City Council conducted public hearings on March 13th, 2012 and March 27`h, 2012, after giving due public notice. Adopted: ' Z Mike Anderson, Mayor Attest: Approved for legal sufficiency. DISPOSITION Helen Spencer, Clerk Ha ard Dykes rty Alto I Sdd Codification Iustmctions: Section 1, 2, and 5 - 11 not codified. Section 4 — attachment codified as the new City of Fort Walton Beach Land Development Code. Section 3 — current Land Development Code deleted from Volume IV, Code of Ordinances, in its entirety. -- Fort %tialton peach I. vnd lh, h pmcnt Cud, CHAPTER ONE GENERAL PROVISIONS Page 1. 00. 00 GENERALLY 1- 2 L00. 01 Purpose and Intent 1- 2 1. 01. 00 IT ILE 1- 2 1. 02.00 AUTHORITY 1- 2 1. 03. 00 APPLICABILITY 1- 2 1- 2 1. 03. 01 Generally 1. 03. 02 Exceptions 1- 2 1. 04. 00 ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION 1- 3 1- 3 1. 04.01 City Manager 1. 04.02 Development Administrator 1- 3 1. 04.03 Floodplain Administrator 1- 3 1. 05. 00 INTERPRETATIONS 1- 4 1- 4 1. 05. 01 Generally 1- 4 1. 05. 02 Responsibility for Interpretation 1. 05. 03 Rules for Interpretation of Boundaries 1- 5 1. 05. 04 Rules of Construction 1- 5 1. 05. 05 Days; Computation of Time 1- 5 1. 06. 00 BOARDS 1- 5 1- 5 1. 06. 01 Generally 1. 06.02 Requirements for All Boards 1- 5