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

features: 1. Architectural design of the structures; 2. Open space a.nd view corridors; 3. Fencing and screening; 4. Noise reduction; 5. Sign and light control; 6. Landscaping; 7. Storm draina~Je; 8. Sanitation colllection; 9. Police and fire protection; 10. On and off-site traffic control; 11 . Off-street parking and loading; 12. Other matters relevant to assuring that the proposed development site fosters desirable conditions and compatibility with the existing environment. D. The proposed conditional use will have no adverse effect on the health, safety, morals, general welfare of permitted uses 10c 3:ted in the same or adjacent zoning district as the proposed conditional use; E.There are adequate public facilities and services available to serve the development proposed pursuant to the Concurrency Mana.:gement System element of the Comprehensive Plan; F.The proposed conditional use will not require signage or exterior lighting that will cause glare or will adversely impact area traffic safety; G. There is adequate ingress and egress to the proposed conditional use, and it is designed so as to minimize the number of curb cuts thereby reducing traffic congestion on the City' s roads; H. There is adequate provision for traffic movement, both vehicular and pedestrian internally and externally; I. The proposed conditional use is consistent with the requirements of the Code and all applicable local, state and federal regulations; J. The structures and IJses associated with the conditional use complies with all additional standards imposed on it by the Compreihensive Plan authorizing such use and all other applicable requirements of the Code; and 13- 18  Chapter 13/ Administration and Enforcement Sec. 13. 300./ PLANNING PERMIT PROCEDURES Sec. 13. 307. Conditional Uses in granting any application for a K. Any other conditions as may be stipulated and made a requirement conditional use, when it is considered necessary to further the intent to protect the health, safety and general welfare including but not limited to: 1. Limitation on the hours of business operation; and 2. Limitation on the number of occupants at anyone time. 13. 307. 2. Watercraft Dry Storage Facilities Criteria in any zoning In addition to the criteria of 13.307. 1, the following criteria shall apply to dry storage facilities district. The design of the proposed conditional use will minimize any detrimental effects on neighboring properties by providing the following design features: A. The dry storage facility must be co-located on- site with a permitted marina. like structure from public B. The dry storage facility shall not appear as a flat wall warehouse or other box- roads or adjacent properties. of ,adjacent and modern C. The dry storage facility building shall be consistent with the architectural theme property improvement. stucco, brick andlor finished D. The dry storage facility shall include an exterior treatment which includes masonry materials ( Le., stone, cement fiber board, concert tilt-up, etc). E. No more than ten percent ( 10%) of the exposed exterior walls shall be metal or corrugated metal except for access doors, windows and door frames, trim, accent features, roof, awnings, structural supports, other and architectural metal panels with appurtenances and architectural metal panels with minor appurtenances appropriate coatings. F. The exterior treatment of any proposed dry storage facility shall be carefully considered prior to the granting of a conditional use permit. but not limited to G. The roof line shall not be flat and shall include architectural embellishments including dormers, gables, cupolas, etc. of H. The application for conditional use of a dry storage facility shall include color graphjc representations the proposed structure and parcel as proposed. will be as depicted and I. It shall be a condition of approval that the construction, finishing, and detail in the color Ordinance 1732 approved 10/ 9/ 07) graphic representation. ( approved 13. 307. 3. Limitations Of A Development Order Issued. of a development order A. Time limit. Conditional uses must be established within one year of issuance hereafter referred to as D. O.) by the MPB. A conditional use will be considered legally established at such time a certificate of occupancy has been issued by the City. If a certificate of occupancy has not been shall become null and void. The · issued within this time limit, the development order for the conditional use MPB, upon written application to the CDS Department, and a showing that the Concurrency Management of the Code can be met and that an extension would not be in conflict with any other requirements for the conditional use. No ordinance of the City, may issue a maximum one-time, one- year extension the extension is request for an extension shall be considered unless a written application requesting submittal, to the CDS Director no later submitted, along with a fee in the amount established for the original than 30 work days prior to the date the D. O. will expire. use shall be signed by the chairman B. Recording; assignability and transferability. A D. O. for a conditional within ten working days of of the MPB and recorded by the City in the Official Records of Okaloosa County MPB shall run with the land. A the approval of the MPB. The conditional use conditions specified by the as the conditions are conditional use may be assigned or transferred to a new owner or tenant as long maintained. use may be amended, extended, C. Amendments to permits for conditional uses. A D. O. for a conditional varied or altered only pursuant to the standards and procedures established for the original approval. the CDS Director may approve D. Abandonment of development order. Upon written request of the grantee, construction has begun. the abandonment of a D. O. authorizing a conditional use providing no to this section ceases for a continuous E. Cessation of use. If a conditional use granted by a D. O. pursuant of 12 months, the D. O. becomes void. period 13- 19  Chapter 13 / Administration and Enforcement Sec. 13. 300. / PLANNING PERMIT PROCEDURES Sec. 13. 307. Conditional Uses F. Revocation of dev,elopment order. If any conditions ascribed to the use are violated, the CDS Director may revoke the D. O. after giving proper notice to the grantee. The D. O. may be reinstated if the grantee requests reinstatement in writing within three months of revocation and the CDS Director finds that the required conditions are met; and a fee for reinstatement is. made as established by City Council by resolution. G.Status of permitted uses which become conditional uses. Any land use legally established on a particular parcel( s) of land as a permitted principal use prior to the enactment of this ordinance, and which land use type is subsequently reclassified from a permitted use to a conditional use, shall continue to be considered a permitted use, rather than a nonGonforming use, as long as the use is not abandoned or discontinued for more than 180 days. 1 Should the use be discontin1led for more than 180 days and tbe... use deemed abandoned by the CDS Director, then an application for reestablishment of that conditional use shall require compliance with the provisions of this subdivision. 2. Should the use be destroyed by fire, explosion or other casualty, act of God or the public enemy, the use may be reestablished to exactly the same use and intensity as the use enjoyed prior to the destruction, without the requirement to seek approval of a conditional use as provided in this subdivision. 3. Permitted uses which subsequently become conditional uses, may only expand or modify the use upon application for a conditional use as provided in this subdivision. The use would then be subject to any conditions imposed in the approval of an expansion, including those to use as it exists at the time of the request. H. Recording of change of status. If there is a change in the status of the conditional use such that it is abandoned, ceased or revoked pursuant to subsections 1., 2. and 3.