Fort Walton Beach Council agenda — 09-12-2006 ‎(workshop)‎ — reading text

Development Code, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Sec. 2. 04.04. Board Findings. The board shall make objective findings of fact and report in its minutes the findings of fact relied upon in concluding that the criteria described in this section have each been met and that the request is not inconsistent with the city' s comprehensive plan, prior to issuance of any variance or exception to any provision of the Code. Sec. 2. 04.05. Consideration of Other Use of Lands Prohibited. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts may be considered by the http:// library4.municode. com/mcc/ Doc View/142 2/ 1/ 15/20 9/ 6/ 2006 CHAPTER 2. 04. BOARD OF ADJUSTMENT Page 2 of2 board in determining an application for a variance under this chapter. Sec. 2.04.06. Zoning Clerk' s Duties. The zoning clerk shall receive and process a request to the board for a variance. Sec. 2. 04.07. Hearings. The city manager shall fix a reasonable time for the hearing of any application before the board of adjustment and shall give public notice thereof, as well as due notice to the parties in interest. The board shall decide upon the application within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney. The applicant is responsible for ensuring that a verbatim record of the proceeding is made. Sec. 2. 04.08. Appeal of Board' s Decision. The decision of the board of adjustment shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. Sec. 2.04.09. Stay of Work and Proceedings on Appeal. An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from unless the official from whom the appeal was taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board of adjustment or by a court of competent jurisdiction upon application, upon notice to the officer from which the appeal is taken and for due cause shown. http://library4. municode.com/ mcc/Doc View/ 142 2/1/ 15/20 9/ 6/ 2006 CHAPTER 2. 05. CODE ENFORCEMENT BOARD Page 1 of 1 CHAPTER 2. 05. CODE ENFORCEMENT BOARD Sec. 2. 05. 01. Establishment. A code enforcement board is hereby created as a citizen board to enforce the provisions of this Code pursuant to chapter 162, F. S. Where this chapter and general law conflict with chapter 2. 02 of this Code, this chapter and general law shall prevail. Sec. 2.05. 02. Membership. Members shall be residents of the city and shall have experience or an interest in the fields of zoning and building control. The membership of the code enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor. 2. 05. 021/ nitia/ Appointments The initial appointments to the board shall be as follows: two members each shall be appointed for a term of one year; three members each shall be appointed for a term of two years; two members each shall be appointed for a term of three years. Thereafter, appointments shall be made for a term of three years. 2. 05. 022A/ ternate Members Up to two alternate members may be appointed to serve in the absence of board members. Each alternate member shall be appointed for a term of three years. Sec. 2. 05. 03. Authority; Powers. The purpose of this chapter is to create a code enforcement board with authority in the board to impose administrative fines and other non- criminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances, where a pending or repeated violation continues to exist, including, but not limited to, occupational license, business regulation, garbage and rubbish collection and disposal, health and sanitation, sewer and water, fire, building, planning and zoning, and sign codes, which jurisdiction shall vest in the code enforcement board. The code enforcement board shall have the power and authority granted to local government code enforcement boards by general law. Sec. 2. 05. 04. Vacancies. If any member of the code enforcement board fails to attend two of three successive meetings without cause and without prior approval of the chairperson or vice- chairperson, the code enforcement board shall declare the member's office vacant, and the city council shall promptly fill such vacancy. Sec. 2.05.05. Legal Representation. The city attorney shall serve as legal counsel to represent the code enforcement board. From time to time, an attorney may be employed by the city manager to represent the city by preparing and presenting cases before the board. 9/ 6/ 2006 http:// library4.municode. comlmcc/DocView/ 14222/ 1/15121  Community Redevelopment Agency FWB Code of Ordinances 2. 06. 01- 2. 06. 12 CHAPTER 2. 06. COMMUNITY REDEVELOPMENT AGENCY Page 1 of 4 CHAPTER 2. 06. COMMUNITY REDEVELOPMENT AGENCY Sec. 2. 06. 01. Establishment; Membership. 163. 356, F. S., there is created a board of commissioners of the community Pursuant to ~ redevelopment agency. Members of the board of commissioners shall be appointed by the city council. The board shall consist of seven members. The terms of office of the commissioner shall be for four years, except that three of the members first appointed shall be designated to serve terms of one, two, and three years, respectively, from the date of their appointments and all other members shall be designated to serve for terms of four years from the date of their appointment. A vacancy occurring during a term shall be filled for the unexpired term. Sec. 2. 06.02. Powers. community redevelopment agency shall have all of the powers and authority granted to The community redevelopment agencies pursuant to Chapter 163 Intergovernmental Programs, Part III Community Redevelopment, F. S. subject to the limitations provided in this chapter. Sec. 2. 06.03. Rules of Procedure, Bylaws. The agency shall formulate and may amend its own rules of procedure and written bylaws, so long the rules and bylaws are not inconsistent herewith. A majority of its entire membership shall as constitute a quorum for the transaction of business, but fewer than a quorum may adjourn from time to time and may compel the attendance of absent members. All action shall be taken by vote of at least a majority present and voting. It shall hold meetings as deemed necessary and shall provide in its bylaws for holdingspecial meetings. All meetings shall be given public notice and shall be open to the public. Sec. 2.06. 04. Fund Accounting, Budget Duties. The agency shall provide for the proper accounting of all funds collected or derived by the agency, and the authorization for the proper disbursement thereof for reasonable and necessary operating expenses, to the finance director. The agency or its designee shall requisition supplies, equipment, insurance and fidelity and surety bonds in accordance with the appropriations therefore duly made in the annual budget of the agency, as approved by the council. Sec. 2. 06.05. Retention of Powers. The council hereby retains all powers granted under ch. 163. 330, et seq., F. S., that are not granted to the community redevelopment agency in this chapter. Sec. 2. 06.06. Agency Staff. The city staff is hereby designated as the staff for the community redevelopment agency. library4. municode.com/ mcc/DocView/ 14222/ 1/ 15/ 22 9/ 612006 http:// CHAPTER 2. 06. COMMUNITY REDEVELOPMENT AGENCY Page 2 of 4 Sec. 2.06. 07. Redevelopment Trust Fund. There is hereby established in accordance with 9 163. 387, F. S., a redevelopment trust fund ( the fund") for the community redevelopment agency. 2. 06. 071Appropriation to Agency The funds allocated to and deposited into the fund are hereby appropriated to the agency to finance city community redevelopment projects, as authorized by a redevelopment plan approved by resolution of the council. The agency shall utilize the funds and revenues paid into and earned by the fund for all and every community redevelopment purpose delegated to it, as contained in the plan for redevelopment when adopted, and as provided by law. Such fund shall exist for the duration of the projects. 2. 06. 072 Tax Increment There shall be paid into the fund, and all taxing authorities as defined in 9 163. 340( 2), F. S., hereby appropriate, commit and set over for payment into the fund, a sum equal to that increment in the income, proceeds, revenues and funds derived from, or held in connection with, the undertaking and carrying out of community redevelopment projects of the agency within the redevelopment area designated by the city. Such increment shall be determined and appropriated annually and shall be an amount equal to thedifference between: the amount of ad valorem taxes levied each year by the city on taxable real property contained within the geographic boundaries of the projects; and the amount of ad valorem taxes which would have been produced by the rate at which the tax is levied each year by and for the city upon the total of the assessed value of the taxable property in the projects as shown upon the assessment roll used in connection with the taxation of such property by the city, last equalized prior to the effective date of the ordinance approving the community redevelopment plan. 2. 06. 073Conditions of Funding All taxing authorities as defined in 9 163. 340(2), F. S., will annually appropriate to the fund the sum referred to in this section at the beginning of the fiscal year of the city. The fund shall receive the tax increment described in this section only as, if and when such taxes may be collected by the city. The obligation of all taxing authorities as defined in 9 163. 340( 2), F. S., to annually appropriate to the fund shall commence immediately on June 9, 1981, and continue until all loans, advances and indebtedness, if any, and interest thereon incurred by the agency as a result of the project have been paid and only to the extent that the tax increment referred to accrues. 2. 06. 074Computation of Tax Increment The tax increment shall be computed by using the assessed value of taxable property in the redevelopment area for the appropriate year for the original area and the expansion area as the base and, in each subsequent year, using the assessed value of property in the redevelopment area for that year as the second factor in determining the amount of the tax increment in