Fort Walton Beach Ordinance — 1701 land dev code chpt 12.45 — reading text

READING DATE 1st g~ g~ 2nd ~-/ l- O~ ORDINANCE 1701 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND FINDINGS OF FACTS; AMENDING VOLUME IV LAND DEVELOPMENT CODE, CHAPTER 12.45 REDEVELOPMENT PROJECT AREA, MUW- 24, SECTION 12. 459. 05 SITE DEVELOPMENT STANDARDS, MAXIMUM HEIGHT; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY & FINDINGS OF FACT. The authority for enactment of this ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in Section 2 of the City Charter, and Section 166.021( 1), Florida Statutes. The City finds that the area upon which apply the exceptions stated in paragraph 9( a) of this ordinance unique in that: 1) development orders have been issued for developments to a maximum of 15 stories/ 150 feet as defined in the Land Development Code; and 2) substantial financial loss could be sustained by property owners of the excepted area if the existing and proposed structures were damaged by acts of God and the structures were not insurable due to nonconformity . SECTION II. Volume IV, Land Development Code. Chapter 12.45, Redevelopment Project Area. MUW-24, Section 12. 459. 05 Site Development Standards is hereby amended: Section 12. 459. 05. Site Development Standards 1) Maximum Density: 24 dwelling units per acre. 2) Minimum lot area: None. 3) Minimum lot width: 100 feet. 4) Minimum yards. a. Front yard: For buildings or portions thereof that are 35 feet in height or less, the front yard setback shall be 25 feet. For buildings or portions thereof over 35 feet in height, the front yard setback shall be 25 feet, plus one foot for each additional two feet in height above 35 feet. In applying the setbacks, height shall be measured as described in subsection ( 8). b. Side yard: 1. For buildings or portions thereof that are less than 35 feet in height, the minimum side yard setback shall be ten feet. 2. For buildings or portions thereof that are between 35 feet  Ord. 1701 and 100 feet in height, the cumulative side yard setbacks shall equal a minimum of 100 feet, and no individual side yard setback shall be less than 25 feet. 3. For buildings or portions thereof that are over 100 feet in height, the cumulative side yard setbacks shall equal a minimum of 200 feet, and no individual setback shall be less than 50 feet. 4. In addition to side yard setbacks, view corridors are required pursuant to subsection ( 5). 5. In applying the setbacks, height shall be measured as described in subsection ( 9). c. Rear yard: 20 feet. d. Rear yard-- Santa Rosa Sound: For properties with rear yard frontage on Santa Rosa Sound, a 50-foot setback shall be required. Only the following structures and uses may be located within the 50-foot setback, and shall be located a minimum of ten feet from the mean high water line: 1. Outdoor seating and dining areas, covered only by canvas awnings and open on three sides. 2. Administrative or retail buildings associated with a commercial marina or other waterdependent - uses. 3. Accessory uses and structures associated with the principal uses permitted in this district including pools and pool decks, terraces, gazebos, restrooms and shower facilities, and walkways. 4. Accessory structures which are permitted within the rear yard setback shall be limited to one story in height. The total impervious area of the improvements shall be limited to 25 percent of the total lot area located within the 50-foot rear yard setback area. 5. A public boardwalk shall be permitted within the 50- foot rear yard setback area, located immediately landward of the mean high water line; the public boardwalk is exempt from the 25 percent limitation on impervious coverage within the 50- foot rear yard setback. 5) View corridors. a. For properties where no building or structure exceeds 35 feet in height, no view corridors shall be required. b. For properties where any building or structure exceeds 35 feet in height, view corridors equal to 30 percent of the lot width shall be maintained through the site. Up to three separate corridors may be used to satisfy this requirement; the required side yard setbacks may be included as part of the 30 percent lot width requirement. The minimum width of a view corridor shall be no less than ten feet. c. In applying the view corridor requirements, height shall be measured as described in subsection ( 8). Page 2  Ord. 1701 SECTION IV. SEVERABiliTY. Should any section or provision of this ordinance, or any portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part hereof, other than that part declared to be invalid. SECTION V. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. tJ:~~ ADOPTED: MAVOR: Approved as to form and legal sufficiency. rvG Cod ification Instructions Section II: Codified as amendment to Section 12. 459. 05 , LOC Sections I, III, IV and V: not codified Page 4