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

following standards: 1. The parking spaces for joint use shall be located within 300 feet of the respective uses they are intended to serve. 2. The study shall include sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. 3. The study shall contain sufficient information to demonstrate that the joint use of SIm, h rd* for Trunwp, vOa ion Pal: c 6 - 16 I' urt R: dton R,,, h I and Des parking and subsequent reduction in the total number of otherwise required parking spaces will not have a negative impact on adjacent properties. 4. The owner of parcels proposing to share parking shall enter into an agreement guaranteeing the joint access and use of the parking spaces to meet parking needs of all properties represented in the agreement. The agreement shall be a recordable instrument in a form acceptable to the City Attorney. The City shall be a party to the agreement and shall retain enforcement authority. The agreement shall contain covenants running with the lands of all parcels relying on the shared parking arrangement. The agreement shall include provisions for maintenance of the shared parking facility. The agreement shall also include provisions that address discontinuance of one ( 1) or more uses and a change in one ( 1) or more uses resulting in an increased parking need. The agreement shall contain covenants running with the lands of all development parcels relying on the shared parking arrangement. 6. 05.00 STANDARDS FOR STACKING LANES AND DRIVE -THROUGH FACILITY LANES 6. 05. 01 Stacking Space Requirements All facilities providing drive -up or drive -through service shall provide on -site stacking lanes in accordance with the following standards: A. The amount of stacking space required is set forth in Table 6. 05. 01. Where a use that is not listed in this table is proposed to include drive -up or drive- through service, the Development Administrator shall determine the stacking requirement. Determination shall be based on the requirements for a substantially comparable use, considering traffic generation, intensity of development, scale of development, and hours of operation. Table 6. 05.01. Stacking Space Requirements for Drive -up and Drive -Through Services. Use Required spaces ndnimnm) Automobile repair facility 2 vehicles per service bay Car wash facility, automatic 3 vehicles per lane Dm, store or pharmacy 4 vehicles per lane Financial institution 4 vehicles for the first lane and 2 vehicles per lane for each additional lane Food or beverage center 4 vehicles per lane Fast food restaurant 6 vehicles per lane 6. 05. 02 Design Requirements for Stacking Lanes A. Stacking lane distance shall be measured from the service window to the property line bordering the furthest street providing access to the facility. Stacking distance shall be computed at eighteen ( 18) feet per vehicle. B. The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to the driveway access to streets and intersections. C. On -site parking lots, pedestrian areas, and drive -through lanes shall be designed to avoid pedestrians crossing drive -through lanes. D. Vehicular traffic from stacking lanes shall not encroach on the public right- of-way. Ia...laid, forlranepoetation PaKc6 - 17 Fort At,, Rru'h 1 and th,, 1" pnu•nt Cnde E. A separate bypass lane around the drive- through facility shall be provided. F. Stacking lanes shall not be located within a designated delivery area or area designated for loading spaces. 6. 06.00 REQUIREMENTS FOR TRANSIT STOPS Reserved> S I andsrd. for l'ransportatiou PaLC6 - Is  land (' nde CHAPTER SEVEN RESERVED) R,, c , rd1 7- 1 1 lxueu-ti 15. 2' 111' I ort o'. hom CHAPTER EIGHT VARIATIONS FROM STANDARDS IN THE LDC Page 8. 00.00 GENERALLY 8 -2 8. 00. 01 Waiver of Standards Pertaining to Metal Buildings 8. 01. 00 NONCONFORMING SITUATIONS 8 -2 8. 01. 01 Generally 8 -2 8. 01. 02 Types of Nonconformities 8 -2 8. 01. 03 Continuation of Nonconformities 8 -3 8. 01. 04 Change of Use 8 -3 8. 01. 05 Damage and Restoration of Nonconforming Buildings or Structures 8 -4 8. 01. 06 Expansion or Modification of Benign Nonconformities 8 -4 8. 01. 07 Expansion or Modification of Detrimental Nonconformities 8 -5 8. 01. 08 Specific Requirements for Lots of Record 8 -5 8. 02. 00 VARIANCES 8 -6 8. 02. 01 Generally 8-6 8. 02. 02 Required Findings for a Grant of Variance 8 -6 8. 02.03 Procedures for Variances 8 -7 8. 02.04 Appeal of Board of Adjustment Decisions 8 -7 8. 02.05 Specific Requirements for Variances Regarding Historic Buildings 8 -8 S02.06 Specific Requirements for Variances in Areas of Flood Hazard 8 -8 8. 03. 00 APPEALS OF ADMINISTRATIVE DECISIONS 8 -8 8. 03. 01 Applicability 8 -8 8. 03. 02 Notice of Intent to File an Appeal of an Administrative Decision 8 -9 8. 03. 03 Filing an Appeal of an Administrative Decision 8 -9 8. 03. 04 Stay of Work 8 -9 8. 03. 05 Procedures for Consideration of an Appeal of an Administrative 8 -9 Decision 8. 03. 06 Appeal of Board of Adjustment Decisions 8 - 10 8. 04. 00 ADMINISTRATIVE WAIVERS 8 - 10 8. 04. 01 Generally 8 - 10 8. 04. 02 Standards 8 - 10 8. 04. 03 Procedures for Administrative Waivers 8 - 11 ariations k' rom 51undaids Pagefi - I Furt NNaltun jtC:" h I and Dodq..ucw Code 8.00. 00 GENERALLY The purpose of this chapter is to provide mechanisms for obtaining relief from the provisions of this LDC where hardship would otherwise occur. There are several ways that potential relief from hardship is addressed: potential relief through requirements regarding the use of and changes to nonconforming development; potential relief through the grant of a variance from the site development standards of this LDC; potential relief when an administrative decision is appealed; and potential relief when an administrative waiver is granted to modify certain site development standards of this LDC. 8. 00.01 Waiver of Standards Pertaining to Metal Buildings The Board of Adjustment may approve a waiver of standards pertaining to metal building, provided the following standards are met: A. The proposed metal building shall be consistent with the character of the neighborhood within 500 feet of the site of the metal building. B. The metal building shall be designed to ensure compatibility with development in the zoning district in which it is proposed. C. The metal building and the site on which it is proposed are designed to minimize potential detrimental impacts on properties within 500 feet of the development site. The determination that potential detrimental impacts are minimized shall be based on the following: 1. Proposed architectural design of the metal building; 2. Proposed placement of the metal building on the site and the relationship to open space on the site; 3. Proposed fencing and screening; and 4. Proposed landscaping. 8. 01. 00 NONCONFORMING SITUATIONS 8. 01. 01 Generally A. Purpose It is the purpose of this section to address the continuation and potential modification of uses, structures, lots, and site features that meet the following conditions: 1. A use, structure, lot, or site feature that was lawfully established and in compliance with regulations applicable to the use, structure, lot, or site feature at the time of establishment of such use, structure, lot, or site feature; and 2. Such use, structure, lot, or site feature does not comply with the regulations set forth in this LDC. This situation is called a nonconformity. B. It is the intent of the City to: 1. Establish two (2) types of nonconformities: benign and detrimental; 2. Allow continuation of nonconformities until such nonconformities are abandoned; 1 Allow change of use of specified nonconformities; 4. Allow modifications to specified nonconformities; and 5. Eliminate or reduce detrimental nonconformities. C. It is further the intent of the City that the casual, intermittent, temporary, or illegal use v ariations fnro. Standard* Pn! r8 I I lAohun Ilcach Lund I1r, rhn, nent C' ndr of land, water, buildings, structures, characteristics of use, or any such use in combination shall not be sufficient to establish the existence of a nonconforming use to create rights in the continuance of such use. D.