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

lines, alley lines, or lot lines, such lines shall be construed to be such boundaries. B. In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the boundary is indicated by dimensions, shall be determined by use of the scale appearing on the official zoning map. C. Where a district boundary divides the area of a lot unequally, the district classification and regulations of the larger portion shall apply to the remaining smaller portion of the lot. D. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. E. In case any further uncertainty exists, the City Council shall interpret the intent of the official zoning map as to the location of such boundaries. 1. 05. 04 Rules of Construction The rules of construction set forth in the Fort Walton Beach Code of Ordinances shall apply to the provisions set forth in this LDC. 1. 05.05 Days; Computation of Time Throughout this LDC, " day" or " days" means business days, except where calendar days are specifically identified. The method required for the computation of time shall be as set forth in the Fort Walton Beach Code of Ordinances. 1. 06. 00 BOARDS 1. 06.01 Generally A. The City Council has established the boards identified in this chapter for the purpose of implementing the provisions of this LDC. B. All procedures pertaining to matters before the boards are set forth in Chapters 8 and 9 of this LDC. 1. 06. 02 Requirements for All Boards A. The City Council shall make appointments to boards identified in this chapter, based on the eligibility and board composition requirements, if any, set forth for each board. L Each board shall consist of seven ( 7) members and two ( 2) alternates. Alternates shall participate in the meetings, but shall not be seated to vote except upon the absence of a regular member. 2. All board members shall be residents of the City for a minimum of one ( 1) year. 3. All board members shall be registered voters. 4. Terms shall begin on October 1 of each year and shall be for four (4) years. tic nrraf pro, ision. Paec I - F Fort %% a ton [ teach Land Do d" o n' M 1 ' 01 5. A regular board member may be appointed for two ( 2) consecutive full terms. 6. Appointments of persons to replace a departed member shall begin immediately upon appointment and continue for the remainder of the unexpired term of the departed member. B. The City Council shall have authority to revoke any appointment for reasonable cause, including but not limited to, failure to be a resident or qualified elector of the City, conviction of a felony, or conviction of an offense involving moral turpitude while in office. C. Absences The City Council shall revoke the appointment of any board member who fails, without good cause, to attend three ( 3) consecutive regular board meetings, or a total of four ( 4) regular meetings or special meetings within any twelve ( 12) month period. The City Clerk shall determine whether an absence is excused. D. Officers 1. At the last regular meeting of each fiscal year, each board shall elect a chairperson and vice chairperson, both of whom shall serve for the subsequent calendar year. 2. Officers may serve up to two ( 2) consecutive one ( 1) year terms. 3. When the chairperson departs, an election shall be held at the next meeting of the board to elect a new chairperson who shall serve for the remainder of the calendar year. 4. The chairman shall be responsible for procedures of meetings and hearings and shall take such action as may be necessary to preserve order and the integrity of all proceedings. 5. The vice chairperson shall act as chairperson in the absence of the chairperson. E. Meetings, hearings, and workshops 1. Each board shall establish a regular meeting day, time, and place. 2. Special meetings and workshops may be called by the chairperson or upon the majority vote of members at a regular meeting. 3. When required, a public hearing may be held during a regular or special meeting, provided that notice has been given in accordance with the requirements set forth in Section 9. 04. 00. 4. When a public hearing is a quasi -judicial hearing, the hearing shall comply with the requirements set forth in Section 9. 06.00. F. Quorum and voting 1. Four (4) members shall constitute a quomm. 2. A quorum shall be required for a board to take action and transact business. 3. All actions shall require a simple majority of the members present and voting at a meeting or hearing. 4. A member who is present shall vote unless disqualified. G. Rules of procedure A board shall take actions and transact business in conformity with the provisions of applicable State law. A board may adopt additional rules of procedure as needed. H. Records 1. Any decision made by a board shall be recorded and entered into the minutes of the meeting or hearing. 2. All records shall be public records as set forth by applicable State law. mend Pn,, idpn,, Pier I - 6 Purl At vnon It, eub Laud D... b pmm" t ( " de 3. A board shall keep a record of minutes of meetings and decisions, including recommendations, resolutions, findings, and determinations. The City Clerk shall be responsible for support to boards, including making a record of meetings, providing required notices, providing notices of vacancies to the City Council, providing notices of absences per Section 1. 06. 02. C, and other such support as may be required for the appropriate conduct of board business. Compensation All board members serve without compensation. However, where travel is required by the City Council, travel expenses shall be paid in accordance with City policy for travel reimbursement. 1. 06.03 Local Planning Agency (LPA) A. Membership qualifications In addition to the general membership requirements for all boards set forth in Section 1. 06. 02, preference shall be given for potential members with experience and expertise in the following professions: urban and regional planning, architecture, landscape architecture, law, natural resource management, and real estate. B. Ex officio members In addition to the regular voting members, representatives of the following agencies shall be included as non -voting members on the LPA when such agency appoints a representative: 1. Okaloosa County School Board; 2. Eglin Air Force Base; and 3. Hurlburt Field. C. Powers and duties The powers, duties, and responsibilities of the LPA shall be to: 1. Serve as the Local Planning Agency (LPA) required by Section 163. 3174, F.S. 2. Prepare, or cause to be prepared, the Comprehensive Plan, or any element or portion thereof; 3. Prepare, or cause to be prepared, this LDC; 4. Initiate, review, hear, consider, and make recommendations to the City Council to approve, approve with conditions, or deny applications to amend the text, Future Land Use Map, or other portions of the Comprehensive Plan; 5. Initiate, review, hear, consider, and make recommendations to the City Council to approve, approve with conditions, or deny applications to amend the text of this LDC; 6. Initiate, review, hear, consider, and make recommendations to the City Council on applications to rezone land and applications for approval of a PUD; and 7. Prepare studies, recommendations, plans, or other documents as may be requested by the City Council. 1.06. 04 Board of Adjustment ( BOA) A. The powers, duties, and responsibilities of the BOA shall be to: 1. Review, consider, and render decisions regarding applications to expand or modify benign nonconformities; 2. Review, consider, and render decisions regarding applications for variances; corral Prnci. iun+ I' a t I ort tt an.." R" d, I.: u, d Itc.. 1, 3. Review, consider, and render decisions- regarding appeals of administrative decisions; and 4. Consider such other matters as may be assigned by the City Council. 1. 06. 05 Code Enforcement Board ( CEB) A. Appointments, membership, and qualifications I. Appointments to the CEB shall be for a term of three (3) years. 2. Preference shall be given to potential members with experience and expertise in the following professions: zoning, architecture, building ( contractors or subcontractors), and real estate. B. The powers, duties, responsibilities, and procedures of the CEB shall comply with the requirements set forth in Chapter 162, Part I, F.S. 1. 07.00 DOCUMENTS REFERENCED The City shall annually publish a list of documents, codes, and manuals which are adopted for regulation of development within the City in addition to this LDC. 1. 08. 00 ACRONYMS AND DEFINITIONS 1. 08.01 List of Acronyms ADA Americans with Disabilities Act BOA Board of Adjustment CCCL Coastal construction control line CRA Community Redevelopment Agency DBH ( dbh) Diameter at breast height DO Development order DRI Development of regional impact EPA Environmental Protection Agency ERP Environmental Resource Permit FAA Federal Aviation Administration FAC Florida Administrative Code FCC Federal Communications Commission FDEP