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

Spencer, City Clerk 203 204 Approved as to form and legal sufficiency. 205 206 207 208 Toni L. Craig, City Attomey. 209 210 211 New language is underlined. 212 Deleted language is striskeA. 213 214 Codification Instructions: 215 Section I, codified as section 12. 01 216 Section II, codified as section 12.02 217 Section III, amends current section 12. 10 218 SeCtion IV, codified as section 12. 03 219 Section V, codified as section 12. 04 220 Section VI, codified as section 12.05 221 Section VII, codified as section 12.06 222 Section VIII, codified as section 12.07 223 Section IX, codified as section 12. 08 224 Section X, codified as section 12. 09 225 Section XI, not codified. 226 Section XII, not codified. Sof6  FINAL ordinancerev 2- 1S. doc 227 Section XIII, not c:edifed. 6of6 CHAPTER 13 ADMINISTRATION AND ENFORCEMENT CONTENTS 13. 1 00 IN GENERAL 13. 500 NONCONFORMITIES 32 13. 101 Public Purpose 1 13. 501 Purpose 32 13. 102 Applicability 1 13. 502 Development of Nonconformity, Generally 33 13. 103 Application 1 13. 503 Nonconforming Single Lots of Record 33 13.200 DEVELOPMENT PROCEDURES 1 13. 504 Nonconforming Adjoining Lots of Record 33 13.201 Purpose and Intent 1 13. 505 Nonconforming Uses of Land or Water 33 13.202 Preliminary Development Orders 13. 506 Nonconforming Buildings or Structures 34 13.203 Development Review Process 2 13. 507 Nonconforming Characteristics of Use 35 13. 204 Site Plan and Approval Required 5 13. 508 Intermittent or Illegal Use 35 13. 205 Review Period 6 13. 509 Method of Approval 35 13.206 Withdrawal of Applications 9~ 13. 600 BOARD OF ADJUSTMENT RELIEF 35 13.207 Fees and Charges 9 13.601 Authority 35 0 13. 208 Certifications 9 (, i 13. 602 Criteria for Variance, Special Exception 36 13. 209 Right of Entry 9d! 13. 603 Board Findings 36 13.210 Project Phasing 9~ 13. 604 Restrictions on Considerations 36 13. 300 PLANNIING PERIMIT PROCEDURES 9 fS 13. 605 Hearings 36 13.301 Purpose and Intent 9 13. 606 Stay of Work, Proceedings on Appeal 36 13. 302 Development AgrE~ements 9 (~ 13. 700 PUBLIC NOTICE 36 13.303 Amendments to Comprehensive Plan 11 ~ 13. 701 Citizen Participation in Comp Planning 36 13.304 Amendments to the Code 12 f 13. 702 Other Public Notice Requirements 39 J 13. 305 Changes to the City' s Zoning Map 12 ? 13. 703 Additional Public Notice 39 13. 306 Rezoning 14 f!J 13.704 Concurrent Notice 40 Q:' 13. 307 Conditional Uses 14 13. 705 Form of Notice 40 13. 308 Temporary Uses 18 ~ 13. 706 Change in Project 40 13.309 Administrative Wclivers 19 ~ 13. 707 Notice to External Agencies 40 13. 310 Annexation 22 13.800 Enforcement and Penalties 40 13. 311 Expansion of a Nonconforming Building 13. 801 Purpose 40 Or Structure 23 13. 802 Enforcement Responsibilities 40 13. 312 Development in the Downtown 3. 803 Enforcement Procedures 41 Redevelopment Area 23 13.400 ADMINISTRATIVE RESPONSIBILITIES 27 13.401 Purpose 27 TABLES: 13.402 Community Development Services Dept 27 13- 1 Development Determination & 13.403 City Council 29 Approval Process Chart 3 13.404 Municipal Plannin~g Board 29 13-2 Development Applications - 13.405 Board of AdjustmBnt 30 Criteria for Review 7 13. 406 Code Enforcement Board 31 13- 3 Major Application Review & 13.407 Community Redevelopment Agency 31 Approval Process 8 13.408 Development Review Committee 31 13- 4 Comprehensive Plan Amendment Process 13 13- 5 Planning Permit Review Authority 15  Chapter 13 / Administration and Enforcement Sec. 13. 100./ IN GENERAL Sec. 13. 202. Applicability 13. 100. IN GENERAL the 13. 101. Public purpose. The purpose of this chapter is to set forth responsibilities and procedures for administration of this Land Development Code '(hereafter referred to as Code or LDC). 13. 102. Applicability. A. Administrative procedures described ih this chapter shall apply to all development activities undertaken within the City, unless specifically excepted. B. It shall be unlawful to commence the clearing of land, excavations for, or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair of any structure, including accessory structures, Community Development Services Department ( hereafter until the director of the referred to as CDS Department) or designee has issued a development order for such work. lot C. The unlawful activity termed " clearing of land" in subsection ( B) above shall not include general trees nor clearing, removal of underbrush, or clearing of unprotected trees as long as neither protected contained in this their root systems are cut, removed, or damaged during said process. However, nothing definitional clarification shall authorize any other unlawful activities described above without a 2); modification of the development order, e. g., introducing " fill" to a tract as provided in F.S. ~ 380. 04( contours of the land so as to cause/ increase erosion or untreated stormwater runoff. 13. 103. Application Fees. A. Fees for application processing. The City Council may charge a fee for any application, permit, to cover the cost incurred or providing requested information or documents in compliance with this Chapter by the City.The CityCouncil shall establish a schedule of fees required by this Code, hereafter referred to as the City' s Fee Schedule. B. Multiple applications. The fees required by the City' s Fee Schedule to initiate application processing are cumulative. For example, if a proposed project requires the approval of both a Conditional Use Permit and a Variance, the fee for both applications will be required. C. Timing of payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees have been paid. cover City costs D. Refunds and withdrawals. The required application fees and charges for processing for public hearings, mailings, staff and consultant time, and other costs incurred in the processing of shall be allowed. applications. Therefore, no refund due to a pisapproval at the conclusion of the process CDS Director However, any excess deposits shall be returned, and in the case of a withdrawal, the may at the authorize a partial refund based upon the pro- rated costs to- date and the status of the application time of withdrawal. 13. 200. DEVELOPMENT PROCEDURES for the review of 13. 201. Purpose and Intent. The purpose of this chapter is to provide a uniform system development or redevelopment activities undertaken within the City-:- 13.