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

party, and the applicant. J. Deliberation by the decision- making entity. 9.07. 00 AMENDMENTS TO DEVELOPMENT ORDERS FOR SITE DEVELOPMENT PLANS AND PERMITS 9. 07. 01 Amendments to Expedited Development Orders A. Proposed amendments to expedited development orders shall be processed in the same manner as the original application. B. One ( 1) copy of the approved site development plan shall be submitted with the proposed amendments clearly identified. C. if approved, an amended development order shall be issued. 9.07. 02 Minor Amendments to Major Developments Approved by City Council A. The following situations shall be considered minor amendments to major development orders issued by City Council: I. A modification to the type and location of landscaping materials, provided that there is no reduction in the required total amount of landscaping material and the landscaping plan continues to comply with the provisions for landscaping set forth in Section 4. 08. 00. 2. A minor adjustment in the location of dumpsters, sidewalks, bicycle facilities, sheds, or other accessory buildings, provided that: a. The adjustment does not deviate from the approved location by more than ten 10) percent of the linear distance from the approved location in any direction; b. Such adjustment does not encroach into any required buffer or stormwater management area; c. Such adjustment does not increase the approved impervious surface ratio for the project; and d. The location continues to comply with all standards of this LDC. 3. The addition of a deck, porch, patio, or similar appurtenance, provided that the addition is less than 300 s. f. and the location complies with the requirements for such appurtenances as set forth in Chapters 4 and 5. 4. A minor adjustment in the location and design of parking lots and access drives, provided that: a. Such adjustment does not encroach into any required buffer or other landscaped area; b. Such adjustment does not increase the approved impervious surface ratio for the project; c. Such adjustment does not reduce the number of parking spaces; and d. Such adjustment continues to comply with all standards of this LDC and the Engineering Standards Manua( of Fort Walton Beach. B. One ( 1) copy of the approved site development plan shall be submitted with the ndnistra m, Procedure, Pa"' 9. ? n  Beach Land D... 1" v ....... I ( nde- proposed amendments clearly identified. C. The amendment shall be processed in the same manner as an amendment to an expedited development order. If approved, an amended development order shall be issued by the Development Administrator. 9. 07.03 Amended Development Orders for Major Developments Proposed revisions to a site development plan categorized as a major development where the development order was issued by City Council which do not meet the criteria set forth in Section 9.07. 02 shall be processed in the same manner as the original application. 9. 07. 04 Amendment after Issuance of a Local Development Permit A. After a local development permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the local development permit without first obtaining an amendment to the permit. The process for amending the permit shall be the same as for review and issuance of the original permit. A written record of the amendment shall be entered upon the original permit. B. A stop work order shall be issued for after- the -fact deviations and no further work shall continue or commence on that part of the development prior to the issuance of an amended permit authorizing the work. 9. 08.00 DEVELOPMENT AGREEMENTS The City is authorized to consider and enter in a development agreement provided the following requirements are met: A. The parties to the development agreement shall be the City and the owner of real property to be used and developed according to the conditions set forth in the agreement. B. The procedures and requirements for review, adoption, and monitoring of the development agreement shall comply with the requirements of Section 163. 3220 -- 3243, F.S. C. The applicant shall meet the application requirements of Section 9. 02.02 of this LDC. 9. 09.00 VACATIONS 9. 09. 01 Vacation of Subdivision Plats A. The owner( s) of any land within an existing approved plat may request approval to vacate that portion of the plat which is owned by the applicant( s). If the existing plat includes a plat agreement/ amendment, a portion of the original plat cannot be vacated without the consent of all current property owners within the plat. The vacating of public streets/ rights- of-way and easements within a plat is subject to State Statutes and local ordinances. Plats, or portions thereof, cannot be vacated without the consent of the appropriate utilities or regulatory agencies. B. An application for vacation of a subdivision plat shall be submitted as set forth in Section 9. 02. 10. C. The procedures for review and recommendation shall be the same as for the consideration of the original application for approval of a subdivision plat, and shall comply with the requirements set for in Ch. 177, F.S. ldmiuisiratire Pnhedures Pace 9 - 27 I ort o altrm Rc. mh band De" d" ww " t lock 9.09. 02 Vacation of Public Rights -of -Way A. An application for vacation of all or part of a public right -of -way shall be submitted as set forth in Section 9. 02. 10. B. The following are required findings for approval of a vacation of all or part of a public right-of-way: 1. The area proposed for vacation no longer serves a public purpose; 2. The proposed vacation is consistent with the Comprehensive Plan; 3. Approval of the proposed vacation shall not deny access to private property; 4. Approval of the proposed vacation shall not result in a loss of public safety, considering vehicular and pedestrian movement; 5. Approval of the proposed vacation shall not result in a loss of access by emergency vehicles; and 6. Approval of the proposed vacation shall not result in a loss of public services, such as waste collection or maintenance of public facilities. C. The procedure for review and decision- making regarding a proposed vacation shall be as set forth in Section 9. 01. 00. 9. 09.03 Vacation of Easements A. An application for vacation of all or part of an easement shall be submitted as set forth in Section 9. 0210. B. The following are required findings for approval of a vacation of all or part of an easement: 1. The area proposed for vacation no longer serves a public purpose; and 2. The area is no longer required to provide for access to or maintenance of public facilities. C. The procedure for review and decision- making regarding a proposed vacation shall be as set forth in Section 9. 01. 00. D. Where an easement is required by a development order, the development order shall be amended prior to or concurrent with approval of vacation of the easement. 9. 10. 00 VIOLATIONS AND ENFORCEMENT 9. 10. 01 Violations Violations are defined in the Fort Walton Beach Code of Ordinances. Further, it is a violation of this LDC to: A. Use or develop property without a development order or local development permit required by this LDC for such use or development; B. Use or develop property for use that is not permissible in the applicable zoning district; C. Use or develop property in violation of the conditions and limitations for such use or development set forth in this LDC; D. Use or develop property in violation of the conditions set forth in the applicable local development order; E. Violate the terms or conditions of any local development permit issued under or pursuant to this LDC; or F. Construct or move any structure in violation of the applicable provisions of this LDC. dministralke Procedures Page 9 - 28 1" 0 N ahon Lund 1)... loom' nt Cnde 9. 10. 02 Penalties Penalties for violations are set forth in the Fort Walton Beach Code of Ordinances. In addition to other remedies provided by the Code of Ordinances and other applicable laws, regulations, or ordinances, the Development Administrator may take the following actions when a violation has been determined to exist: A. No subsequent development order, local development permit, or certificate of occupancy shall be issued until the violation has been corrected. B. A stop work order shall be issued and shall become effective at the time of delivery to the violator or upon posting at the job site, whichever is earlier. No further work or construction under an existing development order, local development permit, or other approval shall be permissible until the violation is corrected. C. No clearing of land or construction, erection, placement, or commencement of any other form of development shall be permissible. D. An order may be issued to repair, restore, or demolish the work, to vacate the premises, or otherwise to abate the violation. 9. 10. 03 Enforcement The City Manager shall be responsible for enforcement of the provisions of this LDC. Violations may be considered by the Code Enforcement Board according to the procedures set forth in the Fort Walton Beach Code of Ordinances. ldministralke [' I.)( Mures Page 9 - 29 rl fF to li B, " h I- I(- o. k