Okaloosa County BOCC — June 16, 2015 — Attachment 2 Section 1A04 Administrative Adjustments

ORDINANCE NO. 15-____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA; PROVIDING FOR THE REPEAL AND REPLACEMENT OF SECTION 1.A.04.00, ADMINISTRATIVE ADJUSTMENT, OF THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-01, AS AMENDED; PROVIDING FOR A SHORT TITLE; PROVIDING FOR THE AUTHORITY OF THE PLANNING OFFICIAL TO ISSUE ADMINISTRATIVE ADJUSTMENTS; PROVIDING A PROCEDURE TO PROCESS REQUESTS FOR ADMINISTRATIVE ADJUSTMENTS, INCLUDING MINIMUM APPLICATION REQUIREMENTS, NOTICE TO ADJACENT PROPERTY OWNERS, TIMELINES, REVIEW GUIDELINES, AND GUIDELINES FOR ISSUANCE; PROVIDING FOR ALLOWABLE ADJUSTMENTS TO TECHNICAL REQUIREMENTS OF THE LAND DEVELOPMENT CODE AS WELL AS FOR THE KEEPING OF CERTAIN SPECIES OF CHICKEN AND DUCK IN THE R-1 ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, Okaloosa County is a political subdivision of the State of Florida to which Chapter 125 of the Florida Statutes grants broad authority and provides for the adoption of ordinances to provide for self-governance; WHEREAS, Okaloosa County adopted and has from time to time amended Ordinance 91-01 which creates a Land Development Code that includes Chapter 1.A which provides for the administration of the Land Development Code, including the process created by Section 1A.04.00 by which certain technical requirements of the Land Development Code may be administratively adjusted; and WHEREAS, the Board of County Commissioners finds that it is necessary and in the public interest to amend the provisions of Section 1A.04.00, Administrative Adjustment, to clarify the process and to provide for the keeping of poultry within the R-1 zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. SHORT TITLE. This ordinance may be known and shall be cited as the “Okaloosa county Administrative Adjustment Ordinance of 2015.” 1 Section 2. REPEAL AND REPLACEMENT OF SECTION 1A.04.00, ADMINISTRATIVE ADJUSTMENTS. Section 1A.04.00, Administrative Adjustment, of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby repealed in its entirety and replaced with the following: 1A.04.00 ADMINISTRATIVE ADJUSTMENT. 1A.04.01 Purpose and Intent: The purpose of the administrative adjustment process is to provide flexibility in property development without requiring the time and expense of adjustments from this Code through a public hearing process, and is further intended to provide a streamlined alternative to the variance process heard by the Board of Adjustment. 1A.04.02 Authority: The Planning Official, or designee, shall have the authority to approve, approve with conditions, or deny applications for administrative adjustment consistent with the requirements specified in this Section. Any such adjustment shall be from the requirements of this Code only. The Planning Official does not have the authority to approve an administrative adjustment for: allowable uses, density, intensity, or any other provision prescribed in the Comprehensive Plan; any requirement of the Flood Hazard Area regulations; allowing expansion of any nonc