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

permit without first obtaining a modification of the permit. An amendment may be applied for pursuant to Sec. 13. 312 F. A concurrency review may also be required. A written record of the amendment shall be entered upon the original permit and maintained in the files of the issuing department. Amendment of the 89veleprRent eraer permit must be made in accordance with the procedures for site plan review for any modification falling into the scope of the review process. A stop work order shall be issued for after-the-fact deviations and no further work shall continue or comme!nce on that part of the development prior to the issuance of a ordor ~ dovolepffiont authorizing the work. 13. 400. ADMINISTRATIVE RESPONSIBILITIES 13. 401. Purpose. The purpose ofthis chapter is to define administrative responsibilities under this Code. 13.402. Community De" elopment Services (CDS) Department. The CDS Department, under supervision of the City Manager, shall make recommendations to the City Council to ensure that the City plans and controls the orderly growth of the City, prevents the deterioration of existing buildings and assures proper methods of new construction or repair, passes certain ordinances and adopts standard codes. It is the function of the CDS Department to: A. Conduct periodic inspections to see that all codes and ordinances affecting construction and repair of buildings, additions to buildings, zoning and subdivisions are being complied with; B. Issue violation notices to owners or occupants of properties when a violation of a code or ordinance occurs; C. Issue appropriate licenses or permits for construction of buildings or structures. Permits for electrical, plumbing, mechanical, gas or other work in connection with construction shall be issued by the department of finance in coordination with the division of planning and zoning. Licenses or permits shall be issued in accordance with lexisting ordinances; D. Approve or disapprove plans submitted in accordance with existing codes and ordinances; E. Receive requests for zoning changes for referral to the appropriate approval authority; F. Coordinate with the City Engineer for joint approval of any subdivision plan or alteration submitted; G. Maintain and submit records and reports of inspections made, permits issued and violations reported; H. Conduct special inspections as may be requested from time to time by the City Manager; I. Conduct periodic: inspections to see that all codes and ordinances affecting health, sanitation and welfare are bein!~ complied with, with the exception of hotels, motels and restaurants, inspections of which, in accordance with F.S. S 509. 032 are now the responsibility of the county health department; J. Investigate complaints from residents of the City affecting health, public welfare and sanitation; K. Conduct scheduled inspections using the property maintenance standards to establish violations and make recommendations for correction of violations to the City Manager for action; L. Conduct sanitary inspections of structures where City water is no longer connected to the structure; M. Administer the Comprehensive Plan with assistance of other operating departments within the City, as 13- 28  Chapter 13 / Administration and Enforcement Sec. 13. 400./ ADMINISTRATIVE RESPONSIBILITIES See 13.402 CDS Department necessary; N. Assist the MPB in the furtherance of its duties and responsibilities as needed; and O. Ensure compliance with the Concurrency Management System and report on such compliance to the MPB and City Council on an annual basis. 13. 403. City Council. The City Council shall have final authority on the following matters: A. To adopt and amend the Comprehensive Plan, including land use districts shown on,the land use map, after a review of the recommendations ofthe MPB or CRA; B. To adopt and amend the provisions of this Code after a review of the recommendations of the MPB; C. To approve, deny, or conditionally approve development permits for Major large- scale development activities, after the review of staff and upon the recommendation of the MPB; D. To approve order of the annexation of outlying areas into the City, and to assign land use designations to annexed areas; E. To vacate or abandon public ways, including rights- of-way and easements; F. To approve development agreements as specified in section 13. 302; G. To take any and all other final action not otherwise delegated to a board or to staff which is deemed necessary and desirable to implement the provisions of this Code. 13. 404. Municipal Planning Board ( hereafter referred to as MPB). A. Local Planning Agency. Pursuant to and in accordance with F.S. ch. 163, the MPB is hereby designated and established as the local planning agency. B. Duties and Responsibilities of Local Planning Agency. The duties and responsibilities of the MPB shall include, but not be limited to, the following: 1. To serve as the local planning agency, as required by ~ 163. 3174, F.S.; 2. To prepare or cause to be prepared the Comprehensive Plan, or any element or portion thereof; 3. To prepare or cause to be prepared the Code; 4. To initiate, review, hear, consider and make recommendations to the City Council to approve, approve with conditions, or deny applications to amend the text of the Comprehensive Plan; 5. To initiate, review, hear, consider and make recommendations to the City Council to approve, approve with conditions, or deny applications to amend the Future Land Use Map of the Comprehensive Plan; 6. To initiate, review, hear, consider and make recommendations to the City Council to approve, approve with conditions or deny applications to amend the Code; 7. To initiate, review, hear, consider and make recommendations to the City Council on applications for development permits to approve, approve with conditions, or deny amendments to the City Zoning Map; 8. To hear, review, consider and make recommendations to the City Council to approve, approve with conditions or deny applications for development approval for developments of regional impact DRI) or substantial deviations to previously approved developments of regional impact or proposed essentially built-out agreements for DRI' s; 13- 29  Chapter 13/ Administration and Enforcement Sec. 13. 400. 7 ADMINISTRATIVE RESPONSIBILITIES Sec. 13. 403. City Council 9. To hear, revilew, consider and make recommendations to the City Council to approve, approve with conditions, or deny applications for development permits for a planned unit development, subdivision plat or zero- lot line subdivision; 10. To hear, consider, and approve, approve with conditions, or deny applications for development permits for Code; 11. To hear, consiider, and approve, approve with conditions, or deny applications for development permits for conditional uses; 12. To hear, consiider, and approve, approve with conditions, or deny applications for development permits to expand, enlarge or change a nonconforming building, structure or characteristic of use. 13. To hear, consider, and make recommendations to City Council to approve, approve with conditions, or deny proposE!d development agreements, according to the procedure specified in the Code; 14. To serve as the land development regulation commission pursuantto S 163. 3194( 2), F.S.; 15. To make its special knowledge and expertise available upon written request and authorization of the City Council to any official department, board, commission or agency of the City, state or federal governments; 16. To recommend to the City Council rules of procedure not inconsistent with this section to govern the MPB' s procetedings; and 17. To make studies of the priorities, resources, possibilities and needs of the City and to report its findings and recommendations, with reference thereto, from time to time, to the City Council. 13. 405. ' Board of Adju! 5tment. A. Duties and ReSl)Onsibilities. The BOA shall have the following duties and responsibilities: to establish its rules of conduct and procedure; to hear and decide appeals when it is alleged that there is error in an order, requirement, decision or determination made by an administrative official in the enforcement of the Code; to hear and decide such special exceptions as the board is specifically authorized to pass on under the terms of the Code; to decide such questions as are involved in the determination of when special exceptions should be grantled; to grant special exceptions with appropriate conditions and safeguards; or to deny special exceptions when not in harmony with the purpose and intent of the Code; and to authorize, upon application, such variance from the terms of the Code as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the Code would result in unnecessary and undue hardship. B. Criteria for Varhinces. The applicant for variances or