Fort Walton Beach Ordinance — 1778 Admend Chpt. 2 Ord. Regarding Boards — reading text

READING DATE 1st 2nd ORDINANCE 1778 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHPATER 2 OF THE CODE OF ORDINANCES TO RECONCILE CERTAIN PROVISIONS REGARDING THE BOARD OF ADJUSTMENT, CODE ENFORCEMENT BOARD, AND THE COMMUNITY REDEVELOPMENT AGENCY WITH PROVISIONS OF THE REVISED LAND DEVELOPMENT CODE REGARDING THE SAME BOARDS; ESTABLISHING CONFLICT RESOLUTION AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION I. AUTHORITY The authority for enactment of this Ordinance is Section 166.021 ( 1), Florida Statutes ( 2007). SECTION II. INTENT The Council adopted its revised land Development Code on September?, 2008. Certain provisions within chapter 2 of the City' s Code of Ordinances are better contained in the revised land Development Code. Therefore, this ordinance is intended only as an editorial revision to the provisions of Chapter 2 of the Code of Ordinances that are amended below to make it consistent with the revised land Development Code. SECTION III. AMENDMENT OF CHAPTER 2 OF THE CODE OF ORDINANCES TO RECONCILE PROVISIONS WITH THE REVISED LAND DEVELOPMENT CODE. A. Amendments regarding Chapter 2. 04, Board of Adjustment Sec. 2. 04.01. Establishment; Membership. There is hereby established a board of adjustment consisting of seven members who shall be appointed by the council. A majority shall constitute a quorum for the transaction of business. Members of the board shall reside in the city, and their terms of office shall be four years or until their successors are appointed and qualified. The members shall be appointed for staggered terms. The board shall designate one of its members as chairperson for each calendar year. Sec. 2. 04.02. Authority. The board of adjustment shall have the follCYNing powers and duties as authorized in the City' s land DeveloDment Code. : to establish its rules of conduct and procedure; to hear and decide appeals ':: hen it is alleged that there is error in an order, requirement, decision or determination made by an administrati):e official in the enforcement of the Land De'.(elopment Code; to hear and decide such special exceptions as the board is lof5 specifically authorized to pass on under the terms of the land Development Code; to decide such questions as are invol'.(od in the determination of when special exceptions should be granted; to grant special exceptions 'JJith appropriate conditions and safeguards; or to deny special exceptions ',: hen not in harmony \\' ith the purpose and intent of the Land Development Code; and to authorize, upon application, such variance from the terms of the Lnnd Development Code as ':: iII not bo contr3r)'to the public interest 'Nhen, o'Ning to special conditions, a literal enforcement of the provisions of the Land De\(elopment Code ':.~ l:Ild result in unnecessary and undue hardship. SeG. 2. 04.03. Criteria for '/ arianses. The applicant for variances or special exceptions shall demonstrate the need for the same, 3nd each application therefore shall contain statements of fact establishing all of the fol o't: ing: special conditions 3nd circumstances exist ':.(hich are peculiar to the land, structure or building involved and ' JJhich 3re not applicable to other lands, structures or buildings in the same zoning district; the special conditions and circumstances do not result from the actions of the applicant; the '/ ariance granted is the minimum variance that ' Hill make possible the reasonable use of the land, building or structure; the grant of the variance ':: iII be in harmony ' A'ith the gener31 intent and purpose of the Land Development Code, and such '/ ariance ':/ iII not be injurious to the area in'.'olved or otherv.(ise detrimental to the public ':Ielfare. Ses. 2. 04.04. 80ard Findings. The board shall make objecti)Jo findings of f3ct 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 ith the city' s e plan, prior to issuance of any '.' ariance or comprehensi'..( exception to any provision of the Code. Sec. 2. 04.0&. Consideration of Other Use of Lands Prohibited. No nonconforming use of neighboring 13nds, structures or buildings in the same zoning district 3nd no permitted use of lands, structures or buildings in other zoning districts may be considered by the bonrd in determining an application for a variance under this chapter. Sec. 2. 04.0&. 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 tho board of adjustment and shall give public notice thoreof, 3S ,--:ell as due notice to the parties in interest. The board shall 2of5  decide upon the application \\' ithin 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. Ses. 2. 04. 08. Appeal of Soard' s Desision. The decision of the b03rd of adjustment shall be final, and there shall be no further re': ie'N thereof except by resort to a court of competent jurisdiction by petition for 'JJrit of certiorari. SeG. 2. 04. 09. Stay of Work and Proseedings on Appeal. An appeal to the board of 3djustment stays all 'lJork on the premises and all proceedings in further3nce of the action appealed from unless the official from ' lJhom the appeal ' tJas taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay ':.(ould cause imminent peril to life or property. In such case, proceodings or '!. fork shall not be stayed except by a restraining order 'JJhich 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 sho'Nn. B. Amendments regarding Chapter 2. 05, Code Enforcement Board Sec. 2. 05. 03. Authority; Powers. The purpose of this chapter is to create a code enforcement board with authorit}' in the board to impose administr3tive fines 3nd other non crimin31 penalties to pro'Jide an equitablo, expeditious, effective and inexpensive method of enforcing the codes and ordin3nces, '.,,'here a pending or rope~:lted violation continues to exist, including, but not limited to, business tax receipt, business regulation, garbage and rubbish collection and disposal, health and sanitation, seiNer and \\' ater, fire, building, planning and zoning, and sign codes, ':: hich jurisdiction tll sh:: vest in the codo enforcement board. The code enforcement board shall h3': e the mLpower and authority granted to local government code enforcement boards by general law and as further authorized in the City' s land Development Code. C. Amendments regarding Chapter 2. 06, Community Redevelopment Agency Sec. 2. 06. 09. Improvement, Development of District. The community redevelopment agency shall undertake and carry out the improvement and development of the community redevelopment district pursuant to the authority aranted to it bv the land Development Code and the community redevelopment plan. as amended. The community redevelopment plan attached to original Resolution 98 10, adopted August 3of5 11, 1998, as. Exhibit "/\," is hereby incorpor3ted in this section by reference. Such plan describes the community redevelopment 3rea. 2. 06. 091 Agency Custody of Public Property The agency shall assume the custody of such public properties and improvements ' A'ithin or ':: ithout the municipal district as are allocated to such agency by the council, but subject to ordinances, rules and regulations '.yhich may from time to time be promulgated by the council. 2. 06. 092 Ageney Acquisition of Public Proporty The agency shall negotiate for and acquire property according to the agency plan and request by resolution th3t the city exercise its municipal power of eminent domain in specif. c instances for the use and benefit of the agency. The agency may take over and assume control of such property on terms mutually agreed upon beh-:een the city and the agency, but the agency shall not thereafter be authorized to sell, lease or otherwise dispose of such property. Properties acquired by the agency shall be taken in the name of the city. 2. 06. 093 Consistency vlith Comprohonslve Plan No agency plan or project sh311 be inconsistent ' t: ith the comprehensive plan of the city or any other city project, franchise or facility. In any caso of conflict of jurisdiction, pO)Ner or f.unction, the city charter, ordinances, rulos and regulations shall prevail over this la'IJ. 2. 06. 094 Agency to Contro! Implementation The agency shall determine '-'\that actions 3re deemed suitable for implementing any redevelopment district plans, including removal, razing, repair, reno)/ation, reconstruction, remodeling and impro)/ement of existing structures; addition of ne'JI structures and facilities; relocation of existing structures and facilities; and changes in facilities for getting thereto and therefrom. 2. 06. 095 Agency Participation The agency shall participate acti'.(ely in the implementation 3nd execution of rede)/elopment district plans, including establishment, acquisition, construction, O'Nnership, financing, leasing, licensing, operation and management of publicly o'Jlned or leased facilities deemed feasible and beneficial in effecting implementation for public purposes. 2. 06. 096 Ageney Co per:Jtion The agency shall ' J.'ork ' JJith private in'Jestors, other go'.'ernmental agencies, their agents, consultants and employees, and community groups in interest, to foster the de):elopment and redevelopment of the district. 4of5  2. 06. 097 Agency R-esponsiblity for Costs The agency shall incur all budgeted costs necessary for such in~Jestigations, studies, specifications, plans, dra~,,' ings, borings, maps and estimates of costs, and all re': isions thereof as may be necessary, and thereafter prepare and adopt a oomprehensi~.' e plan for the development and improvement of the municipal district. SECTION IV. REPEAL OF CONFLICTING PROVISIONS