Fort Walton Beach Ordinance — 2215-Amending LDC Section 5.01.07 Storage Buildings, Sheds, Shipping Containers... — reading text

READING DATE let ORDINANCE 2215 2nd AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING LAND DEVELOPMENT CODE SECTION 5. 01. 07 STORAGE BUILDINGS, STORAGE SHEDS, SHIPPING CONTAINERS, GREENHOUSES, AND DETACHED GARAGES OR CARPORTS TO ALLOW FOR COMMERCIAL USES OF SHIPPING CONTAINERS; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, City staff has received requests for shipping containers to be used for commercial purposes; WHEREAS, City staff has determined that there are many alternative uses for shipping containers; WHEREAS, shipping containers for commercial purposes are not currently allowed; and WHEREAS, this Ordinance expands private property rights and does not increase the burden on property owners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and the City Charter. Section 2. AMENDING SECTION 5. 01. 07 STORAGE BUILDINGS, STORAGE SHEDS, SHIPPING CONTAINERS, GREENHOUSES, AND DETACHED GARAGES OR CARPORTS 5. 01. 07 — Storage Buildings, Storage Sheds, Shipping Containers, Greenhouses, and Detached Garages or Carports A. Storage buildings, storage sheds, shipping containers, and detached garages in the CG, and MB zoning districts that exceed six hundred ( 600) square feet of floor area, must provide brick veneer, stone, stucco, or other similar decorative materials to the façade on all sides of the building that are visible from the public right-of-way. B. Detached garages and carports shall not exceed twenty( 20) feet in height. C. A detached garage may be located within the front yard in the R- 1E zoning, provided that the detached garage or carport shall comply with the setback standards for the R- 1E zoning district set forth in Section 4. 01. 01. D. Storage buildings, storage sheds, shipping containers, greenhouses, detached garages, and carports shall not be located within any required buffer area, required landscaped area, required parking lot landscaping, stormwater management area, driveway, or easement. E. Vehicles shall not be used as storage buildings, utility buildings or other such uses. Vehicles" include but are not limited to: travel trailers, motor homes, and similar recreational vehicles; manufactured housing and mobile homes; trucks; vans; boats; cargo trailers; or other similar vehicles. F. A " shipping container" for purposes of this Section 5. 01. 07, is defined as a rectangular standardized, reusable steel box, with the capability to be stacked and moved efficiently on ships or trains, and designed for the secure storage and transport of goods and materials. Shipping containers shall only be installed and used as accessory structure storage buildings, and no other use whatsoever, per the following standards, in addition to those listed above in sections A through E: 1. Shipping containers installed on property within the City shall comply with the Florida Building Code, Florida Fire Prevention Code, and shall require a building permit. 2. Any shipping container shall be installed on its own dedicated permanent foundation, and not stacked on top of any other building or structure. 3. No more than one ( 1) shipping container shall be installed per property. 4. Shipping containers shall not be located within any required off-street parking spaces, vehicle driveways or drive aisles, fire lanes or pedestrian facilities. 5. Shipping containers shall be painted and maintained in good condition at all times with no visible structural damage, corrosion or graffiti. 6. Shipping containers visible from a right-of-way shall be screened with sight-obscuring fencing or landscaping. In lieu of screening with sight-obscuring fencing or landscaping, shipping containers may provide brick veneer, stone, stucco, or other similar decorative materials to the façade on all sides of the shipping container that are visible from the public right-of-way. 7. Shipping containers shall not be permitted for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing except where markings, labels and placards may be required in accordance with the United States Department of Transportation Emergency Response Guide. 8. Shipping containers shall not be installed or located in front yards. 9. _ e .• . - This section shall not prohibit the usage of shipping containers as a legally permitted dwelling in accordance with Section 4. 01. 02 or Section 5. 01. 02.  10. Mattresses or beds shall not be stored or located within a shipping container. 11. Shipping containers shall not be hooked up to any water or sewer utility, or any septic tank system. 12. Shipping containers shall be installed so that the longer side of the shipping container lies flat against its foundation. 13. Shipping containers used as principle structures for commercial use shall be exempt from the above subsection " F" and shall be permitted in accordance with standard regulations for commercial development. Section 3. APPLICABILITY For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Walton Beach. This ordinance shall apply on or after the effective date of this ordinance. Section 4. INCLUSION INTO THE LAND DEVELOPMENT CODE It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Fort Walton Beach' s Land Development Code, and that the sections of this ordinance may be renumbered or re- lettered and the word " ordinance" may be changed to section," " article," " regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 5. SEVERABILITY In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. Section 6. FINDINGS The City Council of the City of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on June 4, 2026. The City Council of the City of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. The City Council of the City of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. Section 7. EFFECTIVE DATE This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: p h=. a3 a-a Lv Nig y Attest: Approved as t. = gal fo• il and sufficien for the City of Pi- + e- only. Kim M. B es, City Clerk Jeffrey L. B ' l,C'•. Attorney Additions are underlined; deletions e str cken watroh e Lt}A1D`  City of Fort Walton Beach c1_ The Treasure ofthe Emerald Coast" 44 105 Miracle Strip Parkway SW* Fort Walton Beach, Fl 32548 V'Nr ` 0. 111." v- • 850) 833- 9607* Fax( 850) 833- 9926 TDD( 850) 833- 9925 Growth Management Department To: Mayor Allegretto and City Council Members From: Kelsea Roberts, Planning Supervisor Date: May 20, 2026 Subject: Ordinance 2215— Business Impact Statement In accordance with Section 166.041 of the Florida Statute, the City is required to prepare( or cause to be prepared) a business impact estimate prior to enacting an ordinance, subject to exemptions noted in the Law. Following are the categories required to be addressed for the proposed ordinance: 1. Summary of proposed Ordinance 2215 This ordinance is to amend Land Development Code Section 5. 01. 07 Storage Buildings, Storage Sheds, Shipping Containers, Greenhouses, and Detached Garages or Carports to allow for Commercial Uses of Shipping Containers 2. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the city a. Estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted. There is no additional compliance cost associated with this ordinance. b. Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible. There will be no new fees or charges for any business as a result of this ordinance. c. An estimate of the City' s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. There will be no regulatory costs associated with this ordinance. 3. A good faith estimate of the number of businesses likely to be impacted by the ordinance. It us unknown how many businesses will benefit from having the additional flexibility to use shipping containers for commercial purposes, however there will be no businesses negatively impacted by this ordinance. 4. Any additional information the board determines may be useful. None