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

affected party shall file a Notice of Intent to Appeal within five ( 5) business days following the administrative decision, determination, or action to be appealed. The City shall provide a form for filing a Notice of Intent to Appeal. No fee shall be required. B. When a Notice of Intent to Appeal is filed, all work that is the subject of the appeal on a site shall be stayed for ten ( 10) business days. 8. 03. 03 Filing an Appeal of an Administrative Decision A. Within ten ( 10) business days following filing of a Notice of Intent to Appeal, the affected party filing the Notice of Intent may file an application to appeal an administrative decision. B. The application shall include a detailed explanation regarding how the applicant is adversely affected by the administrative decision. Where the administrative decision was based on technical standards, the applicant shall provide detailed data and analysis regarding alleged errors in the application of the technical standards. C. The appropriate fee as established by the City shall accompany the application. The application shall not be accepted without the filing fee. No portion of the fee shall be refunded. D. Upon receipt of an application to appeal an administrative decision, the Development Administrator shall schedule the appeal to be heard by the BOA. E. The administrative decision subject to the Notice of Intent shall become final and effective if an application to appeal is not timely filed. aoaiunn fnan 5l. mdaids Page 8 - 9 Furl 11n11on Iteuch Land F ado melt Code 8. 03. 04 Stay of Work Filing an appeal of an administrative decision stays all work on the premises and all proceedings in furtherance of the action appealed that is subject to the appeal. When the Development Administrator determines that a stay would cause imminent peril to life or property, the Development Administrator shall notify the BOA of the determination. Only the work necessary to avoid imminent peril to life or property shall be permissible; all other work shall be stayed. 8. 03. 05 Procedures for Consideration of an Appeal of an Administrative Decision A. The consideration of an appeal by the BOA of an administrative decision shall be a de nova quasijudicial hearing. B. The Development Administrator shall prepare a report following the procedure for preparation of a compliance report set forth in Section 9. 01. 05. C. Notice of the hearing shall be provided as set forth in Section 9. 04. 00. D. The applicant has the burden of proof to demonstrate that the administrative decision was in error. E. The BOA shall determine whether the provisions of this LDC have been properly applied and shall take action as follows: 1. Affirm the administrative decision that is the subject of the appeal; 2. Reverse, wholly or in part, the administrative decision that is the subject of the appeal; or 3. Modify the administrative decision that is the subject of the appeal. E The BOA shall issue a written order containing findings of facts and conclusions of law. 8. 03. 06 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. 04.00 ADMINISTRATIVE WAIVERS 8. 04. 01 Generally A. Purpose The purpose of an administrative waiver is to provide a means to grant permission for a de minimis departure 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 potential hardship. B. Applicability The Development Administrator is authorized to waive or reduce site development standards as set forth in Section 8. 04. 02 where the intent of this LDC can be achieved and compatibility can be maintained. 8. 04. 02 Standards The Development Administrator may consider a waiver or reduction of one ( 1) or more of the specified site development standards in the following situations: l . r' Ai. m. from standards Pa'-' N- 10 fort lAalum Itr., rh I, a" d Dc +eta meat ( C' de A. After commencement of development activity, a waiver may be granted subject to all of the following conditions: 1. A valid local development permit has been issued; 2. An error in a dimensional standard has been identified during construction by the contractor, surveyor, builder, or property owner; 3. The dimensional standard on the development site does not deviate from the approved dimensional standard by more than ten ( 10) percent; and 4. Developing according to the incorrect dimensional standard shall not result in an adverse health, safety, or welfare impact on the site or to the public. B. Where the lot area standards and / or lot dimension standards for the zoning district in which the development is proposed do not allow the development to achieve the otherwise permissible density, the Development Administrator may waive up to ten 10) percent of the standard. C. Where two ( 2) or more lots are proposed for a unified development with a central stormwater management facility, the Development Administrator may waive the requirement for each lot to provide a separate stormwater management facility. D. Where a native tree that is eight ( 8) inches or more dbh would be removed in order to allow building placement in compliance with all required setbacks, a waiver of up to ten ( 10) percent of the applicable setback may be granted by the Development Administrator. E. Where a native tree that is eight ( 8) inches or more dbh would prevent compliance with building separation standards, a waiver of up to ten ( 10) percent of the required separation may be granted by the Development Administrator. F. As an alternative to a parking study where a permissible change of use is proposed, the Development Administrator may waive up to ten ( 10) percent of the required parking spaces. G. Where a permissible change of use is proposed, the Development Administrator may waive up to twenty ( 20) percent of the required landscaping. 8.04. 03 Procedures for Administrative Waivers A. Any person requesting a waiver to a provision set forth in Section 8. 04. 02 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 detailed information to explain how the proposed waiver conforms to the requirements set forth in Section 8. 04.02. 3. An application for a waiver for development subject to review of a site development plan shall be processed as part of the site development plan review. 4. The appropriate fee as established by the City shall accompany the application. No portion of the fee shall be refunded. B. The Development Administrator shall approve, approve with conditions, or deny the requested administrative waiver, based on compliance with the requirements of Section 8. 04.02 and the following findings: 1. There are special circumstances applicable to the development site consistent with the situations set forth in Section 8. 04.02; 2. Approval of the administrative waiver is consistent with the intent of this LDC N n nations f turn Standards Page8 - II Fort 1% allon neap I. I, . I D", dh pmeu (' odc and the purposes of the zoning district in which the development site is located; 3. Approval of the administrative waiver is consistent with the Comprehensive Plan; 4. The administrative waiver is the minimum necessary to ensure that the proposed development is able to achieve reasonable use; 5. The administrative waiver shall ensure compatibility of the resulting development with the uses of land and character of the adjacent and surrounding neighborhood; and 6. The administrative waiver includes conditions to ensure that the administrative waiver does not constitute a grant of special privileges inconsistent with the limitations upon other properties within the same zoning district. C. The decision regarding the administrative waiver shall be provided in writing to the applicant and shall be recorded with the approved site development plan. The administrative waiver shall expire when the site development plan approval expires. The expiration date for an administrative waiver shall not be extended except upon extension of the expiration date for the site development plan to which the administrative waiver pertains. D. A decision regarding an administrative waiver may be appealed to the BOA in compliance with the requirements set forth in Section 8. 03.00. t a, i, Aim, fnnn Si d, Vnge 8 - 12 Pnri t4afton B,, h Land (' nde CHAPTER NINE ADMINISTRATIVE PROCEDURES Page 9. 00.00 GENERALLY 9 -3 9. 00. 01 Purpose and Intent 9 -3 9. 00.02 Applicant; Owner; Owner' s Agent; Contract Purchaser 9 -3 9. 00.03 Local Development Permits and Development Orders Required; 9 -3 Exemption; Recording 9. 00. 04 Commencement of Work and Expiration of Local Development 9- 4 Permits and Development Orders 9. 00.05 Fees Required 9 -5 9. 00.06 Improvement