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

the permitted uses of the zoning district shall be allowed on such lot or parcel, provided all requirements, other than minimum lot area, depth, or width, are maintained. 8. 02.00 VARIANCES 8. 02. 01 Generally A. Purpose The purpose of a variance is to provide a means to grant permission to depart from the standards of the zoning district where unique characteristics of a parcel together with the imposition of the specific regulations of the zoning district result in a hardship. B. Variances granted prior to adoption of this LDC 1. Any variance granted before the date of adoption of this LDC shall remain in full force and effect, including any conditions of that variance, except as set forth in Section 8. 02. 0l. B( 2) and ( 3). 2. Property for which a variance was granted prior to the adoption of this LDC may be developed in accordance with the plans previously approved. Where construction or development does not commence prior to the expiration of the variance, the variance shall have no further force and effect and the provisions of this LDC shall apply to development and use of the property. 3. Where a variance does not contain an expiration date, and a building permit application has not been submitted for the development for which the variance was granted, such variance shall expire twelve ( 12) months after the effective date of the order granting the variance. Upon expiration, the variance shall have no further force and effect and the provisions of this LDC shall apply to development and use of the property. 8. 02.02 Required Findings for a Grant of Variance A. In order for an application for a variance to be approved or approved with conditions, the Board of Adjustment ( BOA) shall make a positive finding, based on the evidence ariatiun. from Si muh, d. Pa4r8 - 6 Fort 1yalt<m R'." h Iand P... 1" P Code submitted, for each of the following provisions: 1. The need for the proposed variance is due to the unusual or unique physical shape, configuration, or other physical condition of the development site. These special conditions are not generally applicable to other lands, structures, or buildings in the same zoning district; 2. The literal interpretation and application of the provisions of this LDC would deprive the property owner of property rights commonly enjoyed by other properties in the same zoning district, resulting in an undue hardship; 3. The special conditions are not the result of actions of the property owner and are not based solely on a desire to reduce development costs; 4. Approval of the proposed variance shall not provide to the property any special privilege that is denied to other development sites within the same zoning district; 5. The proposed variance is the minimum variance that results in reasonable use of the land, building, or structure; 6. Approval of the proposed variance shall ensure compatibility of the resulting development with the uses of land and character of the adjacent and surrounding neighborhood; 7. The proposed variance is consistent with the intents and purposes of the requirements of this LDC; 8. The proposed variance is consistent with the provisions of the Comprehensive Plan; and 9. The proposed variance is not detrimental to the health, safety, or general welfare of the public. The BOA shall not consider a nonconforming use of neighboring lands, structures, or buildings in the same zoning district, or a permitted use of lands, structures, or buildings in other zoning districts, when determining whether to grant an application for a variance. 5. 02. 03 Procedures for Variances A. Any person requesting a variance from the provisions of this LDC shall submit an application to the City on forms provided by the City. 1. The application shall include the information required for all applications as set forth in Section 9. 02. 02. 2. The application shall include a detailed explanation regarding how the proposed variance complies with each of the requirements of Section 8. 02. 02. 3. An application for a variance for development subject to review of a site development plan shall be processed prior to completion of the site plan review process. 4. The appropriate fee as established by the City shall accompany the application. No portion of the fee shall be refunded whether the application is withdrawn by the applicant or is denied by the City. B. The applicant for a variance has the burden of proof of demonstrating that the application for a variance complies with each of the requirements of Section 8. 02. 02. C. The application shall be reviewed by the Development Administrator for compliance with the required findings set forth in Section 8. 02. 02. A report shall be prepared and provided to the BOA at least seven ( 7) business days prior to the scheduled hearing Variations Gom titandaids Pngr 8 - 7 Fort o ahon Itcuch I, rznd I) V', h I .... ent Codc date. D. The BOA shall conduct a quasi judicial hearing according to the procedures set forth in Section 9. 06. 00, E. Notice of the hearing shall be provided as set forth in Section 9.04. 00. F. The BOA shall approve, approve with conditions, or deny the application for a variance, based upon findings for each of the provisions set forth in Section 8. 02. 02. The decision of the BOA shall be reduced to a written order, which shall be issued to the applicant and filed with the Okaloosa County Clerk of Court. An order approving or approving with conditions shall expire within one ( 1) year of the date of such order, unless development subject to the variance is completed. The order may be extended once by the BOA for good cause for a period not to exceed one ( 1) year. G. Limitations on the grant of a variance 1. A variance shall not be granted which authorizes a use that is not permissible in the zoning district in which the property subject to the variance is located. 2. A variance shall not be granted which authorizes any use or standard that is expressly prohibited by this LDC. 8.02. 04 Appeal of Board of Adjustment Decisions The decision of the BOA shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction. 8.02. 05 Specific Requirements for Variances Regarding Historic Buildings Variances may be issued for the reconstruction, rehabilitation, or restoration of buildings listed on the National Register of Historic Places or the Florida Master Site File. Such variance shall comply with the standards set forth in Sections 8. 02. 01, through 8. 02. 03, except where compliance would result in the structure losing its historical designation. 8. 02. 06 Specific Requirements for Variances in Areas of Flood Hazard A. An application for a variance in an area of flood hazard identified in Chapter 3 shall comply with the findings and procedures set forth in Sections 8. 02.01 through 8. 02. 03. B. In addition to the required findings set forth in Section 8. 02. 02, the BOA shall make the following findings when a variance is requested in an area of flood hazard: 1. There is no anticipated danger to public safety from materials that may be swept onto other lands thereby causing the injury of others; 2. There is no anticipated danger to life and property resulting from flooding or erosion; 3. The proposed facility and its contents are not .susceptible to flood damage and the potential effects of such damage; 4. The proposed facility and services to the public provided by the facility are of such importance to the community that maximum protection from flood waters shall be ensured; 5. The facility requires a waterfront location, and is considered a water -dependent facility; 6. There are no alternative locations for the proposed use that are not subject to flooding or erosion damage; anafwn' from SIa. da. d= Pagch` - R  I .; ntd I), elvun enl 1 lxle 7. Safe access to the property can be maintained in times of flood for ordinary and emergency vehicles; 8. The proposed variance is the minimum required to avoid undue hardship and is designed to address the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; 9. The proposed variance shall not result in increased costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and 10. The proposed variance shall not result in an adverse effect on the City' s Community Rating System rating. C. Variances shall not be granted within any designated floodway if any increase in flood levels would occur during the base flood discharge. 8. 03.00 APPEALS OF ADMINISTRATIVE DECISIONS 8.03. 01 Applicability Administrative decisions include decisions by the Development Administrator and staff members pertaining to the following matters: zoning determinations, certificates of coneurreney, minor plats, administrative waivers, change of use, interpretation of permissible uses within zoning districts, and expedited development orders. A person adversely affected by an administrative decision may appeal such decision to the BOA. 8. 03. 02 Notice of Intent to File an Appeal of an Administrative Decision A. Prior to filing an application for an appeal of an administrative decision, an