Fort Walton Beach Council agenda — 05-22-2007 regular agenda — reading text

Mayor and City Council EXHIBIT A  EXHIBIT B 1 ORDINANCE 1724 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA; PROVlDIN.G FOR AUTHORITY; AMENDING ARTICLE 6 12.423, C-2 GENERAL COMMERCJAL DISTRICT, VOLUME IV, 7 lAND DEVELOPMENT . CODe, PROVIDING FOR 8 RENUMBERING SECTION 12. 423.02 AND SUBSEQUENT 9 SECTIONS AND ADDING A NEW SECTION 12.423, 02 10 ENTITLEQ CONDITIONAL USES AND STRUCTURES . AND 11 ADDING .AS A CONDITIONAL USE A FLAG POLE GREATER 12 THAN 70 FEET IN HEIGHT AND CRITERIA FOR APPRovAL; 13 RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR. 14 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 15 16 17. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF FORT 18 WALTON BEACH, FLORIDA, AS FOLLOWS: 19 SECTION I. AUTHORITY 20 The authority for ~nactment of this Ordinance is pursuant to the powers of the City of 21 Fort WaJton Beach, provided in section 2 Of the City Charter and section 166.021 (1), Florida 22 Statutes (2006). . . 23 24 SECTION II. AMENDMENT TO ARTICLE 12.423. C-2 GENERAL COMMERCIAL 25 DISTRICT, VOLUME IV, lAND DEVELOPMENT CODE. . 26 27 A. Section 12. 423, C- 2 General Commercial District, Volume IV, Land 28 Development Code is hereby amended as tollows: 29 30 Sec. 12.423. 02 Conditional Uses and Structures 31 32 The tollowina uses ~re allowed as conditional uses as approved by the municipal 33grannina board. .. 34 3S ( 1) Flag pores. areater than 70 feet in height. up to a maximum of 200 feet 36 in heiaht. which meet the fOllowina oriteria: 37 3& .( a) Federal approvals- Fla~ Doles must meet or exceed all current 39 standards and reaulations of the Fegeral Aviation Administratiofl 40 ( F .A.A.) and any other aaencv of the federalaovernment with 41 theauthoritv to reaulate flaa poles:. The applicant sb? 1l submit 42 copies. of an. F. A.A.. E" lin Air r= or~ Base, tjurlbtirt Field, 43 Okaloosa County AirPort Authoritv. and FOOT or other aaencv 44 approvals. as are aoplicable. 45 46 ( b) Desipn- The applicant shall submit flac pore desian plans. which Page 1 of3 47 shall be desianed bv an enaineer licensed in the,State of Elorida 48 in accordance with the buildina code requirements of ' the Citv of 49 Fort \ l\( alton Beach. Ftaq poles sh~ 1I either maintain a 50 . aalvanized steel finish or. subiect to any applicable$ t~ndards of 51 the F. A.A.. be ted a neutral color so, as to red400 visual pail'} 52 obtrusivengss, 53 54 0) Setback- Minimum setback from any residelJtialproperty line 55 shall bea 200 feet. licant $ hall submit a site plan showina Ap(? 56 the location of the fag pole and proQert; y lines. 57 58 d) Signage-The applicant shall submit a sign plan sh.owing~ 59 60 1. That the on IV tla~s to be floym are those defined in 61 ChaQter 12.20: 62 2. That no advertisipgflags or banners wHl be flown from 63 thetla" pole: . . 64 3. The . party responsit;l e for the operation and 65. maintenance of the flagpole. their telephone number 66 and address: and 67 4. All security or safety si~ ns required by federal. state. or 68 local reQulations are t;> rovided. . 69 70 9) Lightinq- The applicant shall. submit a,plan that shows ,the . 71 signals. lights. or iJ1uminationprovidedand the federal. state or 12 tocal rule. regulation or law r~quirement. 73 74 f) MaiDtenance and inspections-The aQPlicant shall submit a plan 75 for inspections and .maintenance of the flaa ~ ole SO that it 76 remains in ". ood condition. orqer aJ;'Id repair and that the same 77 shan not menace or endanger the life. or DroRertv of any person. 78 The city and its aaents shaH have authority to enter the property 79 upon which a {Isa pole is located. upon reasonable notice to the. 80 owner. to inspect the pol~ for purposes of determinina whetber it 81 complies with an applicable laws and reaulatiol)s. All expenses 82 relatinq to such inspections b~ the city soal! be borne by the 83 owner. 84 85 Sec. 12.423, OO.. 03 Height of Buildings 86 87 No building or structure in a C- 2 general commercial district shall exceed 88 70 feet in height. 89 90 SECTION III. CONFLICTING PROviSIONS. 91 92 If any ordinance or parts of any ordinance are in conflict with this ordinance, the Page 2 of3 93 . provisions of this ordinance shalt prevail. 94 95 SECTION IV. SEVERABILITY. 96 97 Shoutdany section or provision of this ordinance~ or any portion thereof, be 98 declared by a court of competent Jurisdiction to be invalid. such Qecision shalt not affect 99 the vatidityof the remainder. as a whole or.any part hereof, other than that part dectared 100 to be invalid. 101 102 SECTION V. EFF'eCTIVE DATE. 103 104 This Ordinance shall take effect. immediately upon approval by th~ City Council 105 and signature of the Mayor. 106 107 lQ8 PASSED AND ADOPTED BY THE CITY COUNCIL OF .THE CITY O~ FORT 109 WALTON BEACH, FLOR1DA ON THE DAY OF , 2007. 110 111 112 113 114 MIKE ANDERSON. MAYOR 115 116 117 ATTEST: 118 119 120 HELEN ASPENCER 121 CITY CLERK 122 Approved as to form and legal sufficiency. 123 124 125 126 TONll. CRAIG 121 CITY ATTORNEY 128 129 130 Note: Deletions are noted by strikethroughs; additions by underlines. Page 3 of3 1 ORDINANCE 1724 2 3 4. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA;. PROVIDING FOR AUTHORITY; AMEND,ING 6 CHAPTER 1~. 94 OF THE LAND DEVELOPMENT CODE TO 7 PERMIT FLAG POLES AS A CONDITIONAL USE; RESOLVING 8 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 13 FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 14 SECTION I. AUTHORITY AND INTENT 15 The authority for enactment ofthis Ordinance is pursuant to the powers of the City of 16 Fort Walton Beach provided in the City Charter and section 166. 021( 1), Florida Statutes 17 ( 2006). 18 [ WHY?] 19 20 SECTION II. AMENDMENT TO CHAPTER 12.94, CONDITIONAL USES, OF THE LAND 21 DEVELOPMENt CODE, TO ADD SECTION 12. 94.031, FLAG POLES AS A 22 CONDITIONAL USE. 23 Chapter 12. 94, Conditional Uses, is hereby amended to add section 12. 94. 031, 24 Flag Poles, as follows: 25 26 Sec.12. 94. 031 Flaa Poles 27 Pursuant to the provisions of chapter 12. 94. flaa pOles may be considered 28 and authorized as a conditional use in the followina zonin~ districts: all 29 commercial districts. all industrial districts. all mixed- use districts. all 30 redevelopment districts. and in planned unit developments. 31 32 SECTION III. CONFLICTING PROVISIONS. 33 If any ordinance or parts of any ordinance are in conflict with this ordinance, the 34 provisions of this ordinance shall prevail. 35 36 SECTION IV. SEVERABILITY. 37 Should any section or provision of this ordinance, or any portion thereof, be 38 declared by a court of competent jurisdiction to be invalid, such decision shall not affect 39 the validity of the remainder, as a whole or any part hereof, other than that part declared 40 to be invalid. 41 42 SECTION V. EFFECTIVE DATE. 43 44 This Ordinance shall take effect immediately upon approval by the City Council Page 1of2 EXHIBIT C 45 and sigmi;ture of the Mayor. 46 47 48 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 49 WALTON BEACH, FLORIDA ON THE DAY OF , 2007. 50 51 52 53 54 MIKE ANDERSON, MAYOR 55 56 57 ATTEST: 58 59 60 HELEN ASPENCER 61 CITY CLERK 62 Approved as to form and legal 63 sufficiency. 64 65 66 67 TONI L. CRAIG 68 CITY ATTORNEY 69 70 71 Note: Deletions are noted by strikethroughs; additions by underlines. 72 73 Codification tnstructions: Section II, codified as new section 12. 94.031 74 Section I, fII, IV, V, are not codified. Page 2 of2  page 1 of 1 Len Mitchell n__~__.______~._.._,__~.......~__"'_.......__~____-.-----.."---~~.~ From: Toni L Craig [ toni@tlcpa. gccoxmail. com] Sent: Thursday, April 26, 20072:44 PM To: Len Mitchell Subject: RE: revised 1724 Len My final suggestions for Ordinance 1724, Flag Poles. Thank you! Toni L. Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 85P) 243- 6969 Fax: ( 850) 244- 8929 The contents of this message may be attorney- client privileged. Do not disseminate to any other person and please ask if you are uncertain. Under Florida law, e- mail addresses are public records.