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

ect tAe stafulafCis 52 8staiJlished in # 18 eapital imprevemeRts element and are available -(meR ReMee fer 53 c:to\. e1efi)fReAt. sr that ue"lelepffleFlt ere8F6 aRd peFlf1ita are ; endiUeAed on tAe 54 availat ilt:y 9f these publiG faeiities and seNiees Reeessary te 8 eeJ:\' pF9Pe&eO 55 ge.JeI9pmeAt.~ 56 ( 8) EASYRRg the safe and GOR'.JeRient 9R8ite tfaf:t1s fie.....,GeAsiaeFiRg Reeded 57 vet.iGle pafkiRg. 58 10,, CUlRpilati8R. 59 S88. 12. 03. 60 The sity inteR., threYI~ the aSgptieR 9f this sede, to eembiRe aR~ oompile the 61 JsnClleevele, Ie Ia\~: ment regwlatioRs as ret1wired by >> aRd deseFibed iA this FleG8ssary 62 This efeFt iAelYdea S9FR8 shaRg_ in BRd aEl~ itiaAs to .* istiAglDR' s "!mic~ mapter-. in J~ ly 63 are based er, pelisies SGRtained in the sity'e GeFRpreheAsP: e plSR as adept" 64 1990, and as amended. ..~ ewg~ SGme 81em. Ate af 9* iAFlg laRtit de~.. eRt 19p", 65 FegYlatieRS aF8 laGated iR elter ghapteFS sf this CaGle, all SWQ~ BlemeR. ale by 66 efer:eAG8, r: adeptM iR ~ is Ghapter aRcI FRade a paFtef the siRgle laAd ~ e":eI9pmeAt 67 sod.. This ehapter SRa the following SAlIHSR.. aREi st4aptefS ef this C8'fe seAtaln 68 regulatioRs ,-emiGh, in whole or iH part. fall ':JithiR the _' AltieR 91 IBREI cle.tekapmeAt 69 F8gwlatioRS aAd ar:e ....ereby adepted any syliseqygRt 8FReRdmeAts by tegether'" 70 refereRGe as aN mere ff.: Illy set foFl1 in this Cede: Ct:tapter 1. GeR. FaI PFO"!isiGns; 71 Chapter 2, .\dmiRisAti9A; Chapter 3. Buildings, CeRatNetieR sRd Fire COSe8, 72 Chapter 7. L.eisyfeaAd ReGFeatiGRal S8Mtee, Chapter a, Lisense. aAd RusiAess 73 ' 'Gfks aReI Utilities. . Regwlati9A8, Chspter 10. Pyblie A 74 75 Section Findings IV.. 76 The City C:ouncil of Fort Walton Beach finds that 77 A. Chapter 163, Florida Statutes, requires the City to enad and amend a Land 78 Development Code which implements and is consistent with. the City' s 79 Comprehensive Plan and which contains all of the land development regulations for 80 the City of Fort Walton Beach. 81 82 B. A sin' lle set of administrative procedures for making all land use 83 decisions promotes efficiency, predictability, and citizen participation. 84 85 C. All devt~lopment proposals must undergo a development review process to 86 assure complianc~ with the requirements of this Code. 87 88 D. Enforcement of- development orders and the provisions of this Code 89 should be through procedures that are efficient, effective and consistent with the 90 code enforcement procedures established by State law. 91 92 Section V. General Intent 93 The primalry purpose of the LDC is the implementation of the Comprehensive 94 Plan for the City. of Fort Walton Beach, as adopted pursuant to Chapter 163, Part 20f6  FINAL ordinancerev 2- 15.doc 9S II, Florida Statutes. and in accordance with Florida Administrative Code~ 9J- 5. The 96 City Council deems it necessary. to adopt the' revised LDC for the following 97 purposes: 93 A. Guiding accomplishing coordinated, adjusted, and harmonious and 99 development in accordance with the existing and future needs of the City. 100 101 B. Protecting, promoting and improving the public health, safety, 102 comfort, order, appearance, convenience, morals and general welfare. 103 104 C. ConseNing the value of landt buildings and resources, and protecting 105 landowners from adverse impacts of adjOining developments. 106 107 D. the character and maintaining the Protecting stability of residential, 108 business, industrial~ recreation and public areas. 109 110 E. Controlling and regulating the growth of the City, concentrating the more of low 111 intense development in capability and limiting development in areas 112 capability. 113 114 F. Directing controllingt through the establishment of performance and 115 standards~th~ type, distribution and intensity of development. 116 117 G. Being equitable, in terms of consistency, with established regulation and into 118 procedures. respecting the rights of property owners while taking 119 consideration the interests of all the citizens of Fort Walton Beach. 120 121 Section VI. Pending Applications 122 Where a complete application for development approval is pending and being of the 123 dDigentIy pursued on the date cI adoption of the LDC, the provisions and regulations 124 in effect on the date of filing the application shall govem the review approval of is approved 125 the application..for development approval, provided that the application Council within six (6) months of the date of adoption of this revised lDC. 126 by City 127 128 Section VII. Existing Approved Uses 129 An existing use which is lawful on the date of adoption of the revisedLDC, district 130 whether permitted as a " permi~ ed use" or a " conditional use" in the zoning 131 in which it is located. shall remain a lawful use. If the use was approved subject in full force and effect 132 to one or more conditions, those conditions shall continue 133 unless a new approval is obtained. 134 135 Section VIII. Previously Granted Variances in full force 136 All variances granted before the adoption of this LOC shall remain 137 and effect. including any conditions of that variance, and the property owner or with the variance to develop the property in accordance with the may proceed 138 agent 3of6  FINAL ordinancerev 2- 1S. doc 139 plans previously ;approved. However, if the recipient of the variance has failed to 140 commence construction before the variance expires. . or if the variance is not subject 141 to a time frame fC) T construction and six ( 6) months have expired. the provisions of 142 the LDC shall.govern and the variance shan have no further force and effect. 143 144 Section IX. Compilation 145 The City iintends, through the adoption of this revised LDC, to combine 146 and compile the. necessary land development regulations as required by the law 147 and described in the Land Development Code. This effort includes some changes 148 in and additions to existing LDR' s which are based on policies contained in the 149 city's comprehensive plan as adopted in July 1990, and as amended. Although 150 some elements of existing land development regulations are located in other 151 Chapters of this t~ er aU such elements are by reference, adopted in this Chapter 152 and made a part of the single land development code. This chapter and the following 153 ordinances and c:: hapters of this Code contain regulations which, in whole or in 154 part, faU within the definition of land development regulations and are hereby 155 adopted together with any subsequent amendments by reference as are more fully 156 set forth in this Code: Chapter 12. General Provisions; Chapter 13. 157 Administration; C~hapter 14, Subdivision Regulations; Chapter 15. Zoning Districts; 158 Chapter 16. Development Standards. Chapter 17, Resource Protection; Chapter 18J 159 Concurrency;Chapter 19, Supplemental Standards; and Chapter 20, Glossary. 160 161 SECTION X. Authority To Amend Provisions Regarding Prior Ordinanc88 & 162 Code Provisions 163 This republication is not intended to repeal or invalidate any previously 164 properly adopted ordinance or provision of the prior Land Development Code unless 165 such repeal or arnendment has been adopted by ordinance prior to or in conjunction 166 with this republication. Therefore, the city attorney, city clerk, and publisher, in 167 conjunction. with ~the city attorney and city clerk. shall have the authority to amend by 168 editorial correctictns any provision of this Land Development Code if it is determined 169 by them that any section of any prior Land Development Code provision or 170 ordinance adopted before February 1, 2008, was inadvertently omitted. incorrectly 171 edited, or otherwise substantively changed by editing. 172 173 SECnON XI. Cc.nfticts and Abrogation 174 This LDC is not intended to repeal, abrogate or interfere with any existing 175 public easements duly recorded in the Public Records of Okaloosa County or to 176 repeal any lawful approval by official City action of any development agreement 177 or development ~ order, planned unit development, or subdivision, nor to negate any 178 recorded agreernent which the City has executed. However, if any ordinance or 179 parts of ordinan(~ s of other volumes of the Code of Ordinances are in conflict with 180 any other provision of this Land Development .Code ,the provisions of this ordinance 181 and the amended Land Development Code shall prevail. 182 4of6  1 S. doc FINAL ordinancerev 2.. 183 SECTION XII. Severability 184 Should any provision' or portion of any provision in this ordinance or in the 185 revised LDC be declared by a court of competent jurisdiction to be invalid, such 186 decision shall not affect the remainder of the provisions herein. 187 188 SECTION XIII. Effective Date 189 This Ordinance shal' take effect immediately upon approval by the City 190 Council and signature of the Mayor. 191 192 193 194 Adopted: 195 Mike Anderson, Mayor 196 197 198 Attest: 199 200 201 202 Helen