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

special exceptions shall demonstrate the need for the same, and e;ach application therefore shall contain statements of fact establishing all of the following: special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; the special conditions and circumstances do not result from the actions of the applicant; the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; the grant of the variance will be in harmony with the general intent and purpose of the Code and consistent with the Comprehensive Plan, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. C. Board Findings. The board shall make objective findings of fact and report in its minutes the findings of fact relied upon in concluding that the criteria described in this section have each been met and that the request is not inconsistent with the City' s Comprehensive Plan, prior to issuance of any variance or exception to any provision of the Code. 13- 30  Chapter 13 I Administration and Enforcement Sec. 13.400. ' ADMINISTRATIVE RESPONSIBILITIES Sec. 13.408. Development Review Committee E. Agency Cooperation. The agency shall work with private investors, other governmental agencies, their agents, consultants and employees, and community groups in interest, to foster the development and redevelopment of the district. 13.408. Development Review Committee (DRC). A. Powers and Duties. The ORC shall have the following powers and duties under the provisions of the Code. I 1. To hold meetings for the review of development plans in order to enforce the provisions of the Code of Ordinances of the City relative to the following: subdivision of land; new construction of commercial, institutional, civic or industrial buildings, including churches, schools or other public and semipublic facilities; new construction of residential single-family dwellings and multifamily buildings including duplexes, triplexes and townhouses; development of vacant land, including the construction of new and accessory or principal use parking lots; major redevelopment; and minor remodeling. 2. To review and make recommendations to the BOA regarding code compliance for applications for a variance or an administrative appeal. 3. To review and make recommendations to the M PB regarding code compliance for applications for site plan approval. 4. To review and make recommendations to the board of commissioners of the CRA regarding code compliance for applications for site plan approval, which shall in turn make a recommendation to the City Council. 5. To review and make recommendations to the City Council regarding code compliance for City development projects within the Community RedevelopmentArea. 6. To review and make recommendations to the City Council regarding code compliance for City development projects outside the Community Redevelopment Area or other development issues upon request of the City Manager. B. Committee Membership. Members of the ORC shall be employees of the City. The ORC shall consist of seven members appointed by the City Manager and composed of, but not limited to, the fire department chief, deputy fire chief, public works director, Community development services director, public works chief engineer technician, zoning and building division supervisor, chief building inspector and community redevelopment area planner, for development within the community redevelopment area. The city may appoint additional members if deemed necessary. C. Supervision. The ORC shall be under the supervision of the director of the community development services department for its duties, responsibilities and successful operation. D. Application Submittal. All applications for site plan review of a building permit shall be submitted to the clerk of the zoning and building division. Application forms shall be provided by the CDS Department. E. Meetings. The ORC shall review applications for compliance with the Code of Ordinances of the City based on the following: 1. The ORC shall review proposed development for code compliance and/ or provide relevant information and comments regarding each department's relevant area of discipline, expertise and/ or control. The ORC shall provide to the applicant/developer written comments or a punch list regarding identification of regulation deficiencies at the meeting and/ or prior to the issuance of a building permit. 13- 32  Chapter 13 / Administration and Enforcement Sec. 13. 400./ ADMINISTRATIVE RESPONSIBILITIES Sec. 13. 405. Board of Adjustment D. Consideration of Other Use of Lands Prohibited. No nonconforming use of neighboring lands, structures or buildings in thE~ same zoning district and no permitted use of lands, structures or buildings in other zoning districts may be considered by the board in determining an application for a variance under this chapter. E. Zoning Clerk' s Duties. The Zoning Clerk shall receive and process a request to the board for a variance. F. Hearings. The City Manager shall fix a reasonable time for the hearing of any application before the BOA and shall give public notice thereof, as well as due notice to the parties in interest. The board shall decide upon the application within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney. The applicant is responsible for ensuring that a verbatim record of the proceeding is made. G.Appeal of Board' s Decision. The decision of the BOA shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. H. Stay of Work and Proceedings on Appeal. An appeal to the BOA stays all work on the premises and all proceedings in furtherance of the action appealed from unless the official from whom the appeal was taken shall certify to the BOA that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the BOA or by a court of competent jurisdiction upon application, upon notice to the officer from which the appeal is taken and for due cause shown. 13. 406. Code Enforcement Board. A. Authority; Powe.rs. The purpose of this section is to authorize the Code Enforcement Board to impose administrative fim~s and other non- criminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances, where a pending or repeated violation continues to exist, including, but not limited to, occupational license, business regulation, garbage and rubbish collection and disposal, health and sanitation, sewer and water, fire, building, planning and zoning, and sign codes, which jurisdiction shall vest in the Code Enforcement Board. The Code Enforcement Board shall have the power and authority granted to local government code enforcement boards by general law. 13. 407. Community Redevelopment Agency. A. Powers. The CRA shall have all of the powers and authority granted to community redevelopment agencies pursuant to Chapter 163 Intergovernmental Programs, Part III Community Redevelopment, F.S. subject to the limitations provided in this chapter. B. Improvement, Development of District. The CRA shall undertake and carry out the improvement and development of the community redevelopment district. The amended community redevelopment plan September 2007) attached to updated Ordinanoo 1747, adopted December 11, 2007, as Exhibit "A," is hereby incorporated in this section by reference. c. Agency to Control Implementation. The agency shall determine what actions are deemed suitable for implementing any redevelopment district plans, including removal, razing, repair, renovation, reconstruction, remodeling and improvement of existing structures; addition of new structures and facilities; relocatiion of existing structures and facilities; and changes in facilities for getting thereto and there from. D. Agency Participation. The agency shall participate actively in the implementation and execution of redevelopmEmt district plans, including establishment, acquisition, construction, ownership, financing, leasing, licensing, operation and management of publicly owned or leased facilities deemed feasible and beneficial in effecting implementation for public purposes. 13- 31  Chapter 13 / Administration and Enforcement Sec. 13. 500./ NON CONFORMITIES Sec. 13. 505. Nonconforming Uses of Land or Water 13. 502. Determination of Nonconformity, Generally. The CDS Director ( or designee) shall determine in a particular instance when there is a nonconforming lot, structure, use of land or water and structures, and/ or characteristics of use and in doing so may make use of any affidavits and investigations necessary to make such determination, in addition to any official record of the City. Pursuant to section 13.405. 8., if it is alleged that there is an error in an order, requirement, decision or determination made by an administrative official, then proper recourse is to appeal the administrative determination to the BOA. 13. 503. Nonconforming Single lots of Record. In any district in which single-family detached dwellings are permitted, a single-family detached dwelling and customary accessory buildings may be erected on a single lot or parcel of land owned as a separate unit as shown of record on August 28, 1960, notwithstanding limitations imposed by other provisions of this subsection. Such lot must be in separate ownership and not be of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot or parcel fails to meet the requirements for area, width, or density that are applicable in the zoning district in which the lot or parcel is located, provided however, that minimum required yards and district requirements other than those regulations applying to area or width, shall conform to the regulations for the zoning