Fort Walton Beach Ordinance — 1756 Amend Cpt 12 Land Devolopment Code — reading text

to a higher decision- making body; " Decision" means that the Review 1) " Recommend" means that the Review Authority makes a recommendation to the decision of an the final Authority makes decision on the matter; Appeal" " means that the Review Authority may consider and decide upon appeals earlier decision- making body. make a recommendation only if the project is located within its CRA. 2) The Community Redevelopment Agency Board will review and 13- 15  Chapter 13 / Administration and Enforcement Sec. 13.300./ PLANNING PERMIT PROCEDURES Sec. 13. 306. Rezoning 13. 306. ZONING DETER~MINATION. A. Purpose. Zoning Determination is the procedure used by the City to verify that a proposed structure or land use is allowed in th.~ applicable zoning district and that the project complies with all applicable requirements of this Code. B. Applicability. AZoning Determination shall be a prerequisite to Department review of any building, grading or other construction permit, or other authorization required by this Code for the proposed use. C. Review and Apprc) val. The CDS Director shall issue the Zoning Determination after determining that the request complies with all Code provisions applicable to the proposed use. An approval may be in the form of a stamp, City staff ~;ignature, or other official notification on the approved plans, a letter to the applicant, or other certification, at the discretion of the CDS Director. 13. 307. CONDITIONAL USES. A. Purpose. Conditional uses are those uses which have unusual site development features or unique operating characteristics requiring special consideration so that they may be located, designed, and operated compatibly with uses on surrounding properties. Conditional uses are generally not compatible with the other land uses permitted in a zoning district, however, with individual review and control of their site location, design, configuration of buildings and structures, intensity and density of use, and the imposition of conditions pertinent thereto in order to ensure the appropriateness of the use at a particular location, may be permitted in the zoning district as a conditional use. B. Review Authority. The MPB, in accordance with the procedures, standards and limitations of this subsection, shall approve, approve with conditions, or deny an application for a development permit for a conditional use after recommendation by the CDS Director. C. Authorized Conditional Uses. Only those uses which are authorized as conditional uses may be approved as a conditional use. The designation of a use as a conditional use in a zoning district does not constitute an authorization of such use or an assurance that such use will be approved under the Code; rather, each proposed conditional use shall be evaluated by CDS Staff and the MPB for compliance with the standards and conditions SE!t forth in this subdivision and all applicable local, state and federal regulations. D. Application Submission and Review. An application for a development permit for a conditional use shall be submitted by all owners, and or any other person( s) having a written contractual interest in the land for which the conditional use is proposed, or the authorized agent of any of the above. 1. Submission. An application for a development permit for a conditional use shall be submitted to the CDS Department along with a nonrefundable fee to defray the actual administrative costs of processing the application. Such application fee shall be established by resolution of the City Council from time to time. 2. Contents of application. The application shall be on a form provided by the City and made available to the public, and shall inc:lude the following information: a. The name, address and telephone number of all owners of record of the land proposed for the conditional use. b. The name, address and telephone number of all contract purchasers ( if any). c. The name, address and telephone number of the developer, if different from the owner, and an xplanation a. ofthe difference. d. The name, address and telephone number of the agent for the application, if there is an agent. e. The name, address and telephone number of all land use, environmental, engineering, economic or other professionals that are consultants in the preparation of the development application or its supporting plans and exhibits. 13- 16  Chapter 13 / Administration and Enforcement Sec. 13. 300. / PLANNING PERMIT PROCEDURES Sec. 13. 307. Conditional Uses f. The street address, legal description and tax foli,o number of the parcel( s) of land on which the conditional as, but not limited to, use is proposed, with attached copies of any legal instruments referenced, such deeds, plats, easements, covenants and restrictions. site for development. g. An 8 1/2- inch x 11- inch vicinity map locating the proposed h. An aerial photograph or plan showing structures and land use on the properties adjacent to the site of the proposed conditional use. i.A narrative description of the future land use map designation in the Comprehensive Plan and of the zoning district of the land in which the proposed conditional use is situated. use is requested. j. A narrative explanation of the proposed conditional use and the reason the k. A site plan based on a recent, as- built survey of the proposed site, at a scale large enough to clearly conditional use which are represent existing and proposed development features of the proposed to be located on the site and on the public rights- of-way adjacent to the site. proposed I. A narrative explanation of how the application complies with the standards of the Code and other applicable regulations. plans of the existing and proposed structures to be used as the proposed conditional use. m. Floor 3. Determination of sufficiency; report. CDS Director shall review an application submitted within five working days of its receipt, and determine if the application is sufficient for review. mailed a. If the CDS Director determines the application is not sufficient for review, a written notice shall be to the applicant specifying the application' s deficiencies. No further action shall be taken on the application until the deficiencies are remedied. in writing, of the b. If the application is deemed sufficient, the CDS Director shall notify the applicant, application' s sufficiency and that the application is being reviewed pursuant to the procedures and with written notification of the time, date and place of the public standards of this subdivision along will be considered by the MPB. hearing at which the application for a development permit shall c. Review and report. Within 15 working days after the application is deemed sufficient for review, CDS with recommendation as to whether review the application for conditional use and prepare a technical report a 13. 307. 1 the proposed application meets the criteria applicable to all conditional uses found in section below. CDS Director shall mail a copy of the report to the applicant as soon as the is report completed. 13- 17  Chapter 13 I Administration and Enforcement Sec. 13. 300./ PLANNING PERMIT PROCEDURES Sec. 13. 307. Conditional Uses 13. 307. 1. Permit Revieiw Criteria. When considering an application for a development permit for a cond itional use, the MPB may issuE~ a development order approving the conditional use upon making findings regarding the application as to whE~ther and the extent to which the following criteria are met: A. The conditional use is consistent with the goals, objectives and policies of the Comprehensive Plan and neighborhood plan, if one exists for the area in which the property is located; B. The conditional uSle is consistent with the character of the immediate vicinity of the land proposed for development, and designed so that it is consistent with the harmonious development of the zoning district in which it is proposed; C. The design of the proposed conditional use will minimize any detrimental effects on neighboring properties, relative to the following design