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

C. The compliance report shall include information that all required notice has been provided. The application documents and compliance report shall be provided to the applicable decision -making entity. 9. 01. 06 Procedures for Recommendations by the Local Planning Agency (LPA) A. The LPA shall hold a quasi -judicial hearing as set forth in Section 9. 06. 00 and shall consider and provide recommendations to the City Council on applications for amendments to the Comprehensive Plan, amendments to this LDC, PUDs, rezoning, and such other matters as may be assigned by the City Council. B. The City staff shall provide application documents and the compliance report to members of the LPA according to the City' s schedule of public hearings. C. The LPA shall hold a public hearing for each application and prepare a recommendation which shall be forwarded to City Council for consideration at the next available public hearing. 9. 01. 07 Procedures for Actions by the City Council A. The City Council shall consider all applications asset forth in Section 9. 01. 01. U nlinintratice Procedures Pa" e9 - III fort oalhm ISrmb I and thvid... ( od, B. The City staff shall provide application documents, applicable reports from staff, and recommendations from LPA as described in Section 9. 01. 06 to City Council members. C. Notice shall be provided as set forth in Section 9. 04. 00 and an agenda prepared and posted at the Fort Walton Beach City Hall. D. Where a quasi-judicial hearing is required, procedures for conduct of the hearing shall be followed as set forth in Section 9.06. 00. E. When the application is for rezoning, the City Council shall approve or deny the application. All other applications may have conditions attached to the approval. When approved or approved with conditions, a development order shall be issued. When the application is denied, a written decision shall be provided to the applicant within five (5) days following the hearing describing the reasons for denial. F. When an application for rezoning is denied, a new application for the same rezoning of the same property shall not be considered within twelve ( 12) months following the date of denial. 9.01. 05 Requests for Continuation of a Public Hearing A. An applicant may request, in writing, a continuation of a public hearing regarding his application. B. If the written request for a continuation is received at least five ( 5) business days prior to the public hearing at which the application is scheduled to be heard, the applicant' s request for a continuation will be automatically granted. An applicant shall be limited to one ( 1) such automatic continuation. Further requests for a continuation shall be considered and granted only upon a demonstration by the applicant of good cause for such continuation. C. If the written request for a continuation is received less than five ( 5) business days prior to the public hearing at which the application is scheduled to be heard, the entity holding the hearing will consider the request for a continuation and shall only grant such request upon a demonstration by the applicant of good cause for such continuation. D. Where the grant of a continuation results in the provision of additional notice, the costs associated with such notice shall be paid by the applicant prior to rescheduling the public hearing. If a public hearing is continued on the record, at the scheduled public hearing, to a date and time certain, no additional notice shall be required. 9. 01. 09 Withdrawal of Pending Applications An applicant may withdraw an application at any time prior to issuance of a final decision. The applicant shall provide written notice of the withdrawal to the City at least five ( 5) business days prior to the public hearing at which the application is scheduled to be heard. When written notice of withdrawal is received less than five ( 5) business days prior to the public hearing, the application will be considered denied, and the same, or substantially same application, shall not be considered for twelve ( 12) months following the public hearing at which the application was scheduled to be heard. 4lminiet nui e PrOCedorc, Page 9 - I I Part tt adton B" wh Land the eiopment Code 9. 01. 10 Review of Applications for Local Development Permits A. Prior to submission of an application for a local development permit, a pre- application conference shall be held for the purposes set forth in Section 9. 01. 02. A( 1) through ( 7). The pre- application conference may be waived by the Development Administrator. B. All applications for local development permits shall be reviewed by designated City staff. The review shall document the compliance of an application with the requirements of this LDC, the Comprehensive Plan, the Engineering Standards Manual of Fort Walton Beach, and applicable technical codes and standards. C. When an application is determined complete, City staff shall have fifteen ( 15) business days to prepare a compliance report. The steps in the compliance report process are described further in Sections 9. 01. 04. 0 through 9. 01. 04. G. D. Each application shall have a City staff person designated as case manager. E. The case manager shall prepare a draft compliance report. The case manager shall notify the applicant whether deficiencies have been identified in the application. F. Actions following notification to the applicant: 1. The applicant shall have twenty ( 20) business days to correct deficiencies and submit revised or supplemental application documents. 2. Upon receipt of revised or supplemental application documents, the City shall have twenty ( 20) business days to conduct a review of the revised or supplemental application documents, issue the final compliance report, and take action as outlined in Section 9.01. 05. G. G. Actions by the Building Official 1. For local development permits, the Building Official shall render a decision as follows: a. Approve the application and issue a local development permit; b. Approve the application with conditions and issue a local development permit identifying the required conditions; or c. Deny the application and issue a written notice of denial. H. Appeals Action taken on an application for a local development permit may be appealed as set forth in Section 8. 03. 02. 9. 02.00 APPLICATION REQUIREMENTS 9. 02. 01 Generally This section provides information regarding all types of applications and the submittals required for review of applications. The types of applications are described in Section 9. 01. 01. The procedures for reviewing applications, holding required public hearings, and rendering decisions are set forth in Sections 9. 01. 00 and 9. 06. 00. 9. 02.02 Submittal Requirements for All Applications This section is intended to describe the submittal requirements applicable to all applications, except applications to amend this LDC and to amend the Comprehensive Plan. It is specifically the intent of the City to avoid duplication by providing a basic application to be supplemented by additional information for a specific type of application. Such additional information is described in Sections 9. 02.03 through 9. 02. 13. dniiniNrnthr Pnxcdurc< Page 9 - 12 I',, I o AI" n 6anch land 0e, doprncnt Code A. Each application shall contain the following information: 1. An application form available from the City. 2. The name, address, telephone number, facsimile number, email address, and signature of the applicant. If any applicant is a business entity such as a partnership, corporation or joint venture, the names and business addresses of all partners and officers, as appropriate, and telephone numbers. 3. A copy of the deed or deeds conveying the subject property to the current owner. 4. The recorded ownership interests, including liens, title certification, encumbrances, and the nature of the applicant' s interest if the applicant is not the owner. 5. A property survey containing the legal description, land area, and existing improvements on the site. The survey shall be signed and sealed by a surveyor licensed in the State, and shall have been performed not more than five (5) years prior to the date of application. For applications limited to permits for accessory structures, a City -approved alternative to the property survey may be submitted. 6. Proof of payment of applicable fees. 7. Stamped envelopes addressed to the owner of each property within 200 feet of the site proposed for a development order, in compliance with the notice requirements of Section 9. 04. 00. B. An application regarding development within or affecting environmentally sensitive lands ( see Chapter 3) shall include proof of submitting applications for all applicable permits or exemptions from regional, State, or Federal agencies with permitting authority for such lands. C. One ( 1) electronic copy and one ( 1) hard copy of all application documents shall be submitted. 9. 02. 03 Submittal Requirements for All Applications Which Require Site Development Plans, Subdivision Plats, or Drawings A. All site development plans, subdivision plats, and drawings for an application shall be prepared at the same scale. B. Digital submissions of site development plans, subdivision plats, and drawings are required. All layers that compose the plan or plat shall be visible ( turned on and not frozen). All other layers that are not part of the submittal shall be frozen. C. All site development plans and drawings accompanying an application for development approval shall be prepared and certified by a land surveyor, landscape architect, architect, or