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

above, the CDS Director shall issue and record in the public records of Okaloosa County a new order terminating the conditional use authorization. 13. 307.4. Minor Deviatic)ns. Minor deviations from a development order for a conditional use may be approved by the CDS Director. Minor deviations that are authorized are those that appear necessary in light of technical and engineering considerations first discovered during actual development and that are not reasonably anticipated during the iniitial approval process. Minor deviations shall be limited to the following: A. Alteration ofthe location of any road, walkway or building structure by not more than five feet providing such alteration complies with the requirements of the Code; B. Structural altlsrations that do not affect the basic size, form, style, ornamentation and appearance of any structure on the approved plan; C. Alteration of the building envelope or number of parking spaces by up to ten percent or incremental increases that total ten percent or more in floor area or number of parking spaces. D. Reduction ofthe total amount of landscaping, view corridor or open space by more than five percent provided that such reduction does not result in less than required by the Code; or E. Alteration of the location, type or quality of the required landscaping, as long as it complies with the requirements of the Code. 13. 307. 5. Review Of COlnditional Use Decisions. Within 30 days of the public hearing, an applicant, the City Manager, on behalf of the administration, or the owner of property located within 300 feet of the subject property may seek review of a conditional use decision of the MPB. Review of a conditional use decision of the MPB shall be to a court of competent jurisdiction by petition for writ of certiorari.A review stays all work on the premises and all proceedings including a request for a building permit, certificate of occupancy or occupational license. 13- 20  Chapter 13 I Administration and Enforcement Sec. 13. 300./ PLANNING PERMIT PROCEDURES Sec. 13.308. Temporary Uses 13. 308. TEMPORARY USES. A. Prohibited uses and activities without temporary use permit. On or within any private property, the following therefore is obtained from the City outdoor uses and activities shall be prohibited unless a temporary use permit as provided herein: a. Sidewalk sales; b. Exhibitions, displays, performances; c. Fairs, carnivals, bazaars, contests, rodeos; d. Grand opening events for new businesses. e. Seasonal Holiday sales lots, for items such as pumpkins, fireworks, trees, etc. f. Any other activity tending to create or cause abnormally large or excessive crowds or traffic and poses a detrimental effect on the public health, safety and welfare. B. Application procedure and permitting process. An applicant shall provide the CDS Department with the following for written information no less than 14 work days prior to the proposed event or ac\ ivity in support of its application a permit hereunder: 1. Name and business address of the applicant; 2. Specific location of activities for which permit is sought; 3. Nature and purpose of activities for which permit is sought; 4. Specific location and physical dimensions of any structure, vehicle, tent or apparatus sought to be used in conjunction with permitted activities; 5. Specific days and hours of activities sought to be permitted; 6. Letters of objections and/ or no objections as to the activities as described hereof signed by all the be tenants and/ or owners of businesses located on the property for which the activities are sought to permitted. 7. Further, no permit shall be issued hereunder for the requested use unless the applicant reasonably establishes that the concerns have been addressed in a manner that is consistent with the following interests of the public health, safety, welfare and morals: a. Traffic control; b. Sanitation and litter control; c. Restroom facilities; d. Parking; e. Crowd control; f. Liability insurance; and g. Signage. 13- 21  Chapter 13 I Administration and Enforcement Sec. 13. 300./ PLANNING PERMIT PROCEDURES Sec. 13. 309. Administrative Waivers Upon review of the requirements set forth in this section by the CDS Department after consultation with the appropriate City staff, and upon finding that the permitted activity as proposed will not unduly impair the public health, safety, welfare and morals of the City and will minimize any possible disruptions to adjoining or neighboring residents or E~ stablishments, a permit shall be granted. C. Number per year and duration. Not more than six temporary events in any 12- month period shall be held on the same location. Each event shall not exceed ten consecutive days. D. Permit denials, appeal and notice. permit is denied, written notice of deniarshall thereupon be given the applicant; and the applicant may appeal a. If a the decision to the Board of Adjustment {hereafter referred to as BOA} by giving written notice. 13. 309. ADMINISTRATIVE WAIVERS. A. Purpose. Administrative Waivers provide a process for City consideration of requests to waive or modify certain standards of this Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property I:) wners in the vicinity and in the same zoning district. B. Applicability. An Administrative Waiver may be granted to waive or modify any requirement of this Code except: permitted land uses; residential density; specific prohibitions ( for example, prohibited signs), or procedural requirements. C. Review Authority" The CDS Director may approve an Administrative Waiver to grant relief from any of the following requirements of this Code, up to a maximum reduction often (10) percent of each such requirement. 1 . Distance betwleen structures; 2. Parcel dimensions ( not area); 3. Setbacks; 4. On- site parking, loading, and landscaping. D. Application Filin,. and Processing. An application for an Administrative Waiver shall be completed, filed, and processed in compliance with this chapter. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F ( below). E. Project Review, Notice and Hearing. Each application shall be reviewed by the CDS Director to ensure that the proposal complies with this Section, and other applicable requirements of this Code. The Director may approve or deny an Administrative Waiver without a public hearing ( See H below). F. Findings and Decision. The CDS Director may approve or deny an application for an Administrative Waiver. The CDS Director shall record the decision and the findings on which the decision is based. General findings. The CDS Director may approve an Administrative Waiver only after first making all of the following findings. a. There arespecial circumstances applicable to the property, induding size, shape, topography, location, or surroundin~Js, so that the strict application of this Code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district; b. The approval of the Administrative Waiver indudes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district;.and c. The administrative waiver is consistent with the Comprehensive Plan, and any applicable specific plan. 13-22  Chapter 13 / Administration and Enforcement Sec. 13.300./ PLANNING PERMIT PROCEDURES Sec. 13. 310. Annexation 2. Reasonable Accommodation. The CDS Director may also grant an Administrative Waiver to.the site planning or development standards of this Code in compliance with this Section, based on the finding that the waiver is necessary to accomplish a reasonable accommodation of the needs of a disabled person, in compliance with the Americans with Disabilities Act (ADA). G.Conditions of Approval. In approving an Administrative Waiver, the CDS Director: 1 . Shall impose conditions to ensure that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and 2. May impose any reasonable conditions to ensure that the approval complies with the findings required