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

202 Development Orders and Building Permits. or the CDS Director A. Development Orders and Building Permits may be issued by the applicable board after review and approval of an application. a development order or B. Development Order and Building Permit guidelines. The decision to issue but not limited to: building permit shall be based upon the following guidelines, including to the public interest; 1. The proposed development must not be in conflict with or contrary 2. Unless otherwise exempted, the proposed development must be consistent with the Comprehensive Plan and the provisions of this Code; for the City; 3. The proposed development must not impose a significant financial liability or hardship must not create an unreasonable hazard or nuisance, or constitute a threat to 4. The proposed development the health, welfare or safety of the City' s inhabitants; and general 13- 1  Chapter 13/ Administration and Enforcement Sec. 13. 200./ DEVELOPMENT PROCEDURES Sec. 13. 203. Exceptions to Preliminary Development Order 5. The proposed development must comply with all other applicable laws, statutes, ordinances, regulations or codes. C. Other permits required. In addition to obtaining a development order or building permit from the City, the developer must allso obtain all other applicable permits or exemptions as may be required by law. In the event approval from the City is prerequisite to obtaining other required permits, the City shall issue a letter of intent which states that the proposed development is in compliance with this Code, and that such approval is conditioned upon the developer obtaining all other required permits. The developer must provide proof to the City that all permits or exemptions have been granted, prior to receiving a development ordetr. D. Validity. Unless otherwise specified in the development order or building permit, k shall remain effective for a period of Mfelve months from the date of issuance, except for those issued for docks and boat structures whose expiration date shall be concurrent with that of applicable regulatory agencies Y"ith jurisdiction over the project, Le., Florida Department of Environmental Protection and the Army Corps of Engineers. Extensions may be granted by the CDS Director in the event the developer is unable to obtain other applicable permits pursuant to subsection ( C) of this section or for other extenuating circumstances. Under no circumstances shall a development order remain effective for a period of more than two years from the date of issuance, including any extension, unless there is an enforceable development agn3ement which provides to the contrary and unless it is for a dock or boat structure for which the expiration shall be concurrent with that of applicable regulatory agencies with jurisdiction over the project. E. Development aglreement. To provide flexibility and to ensure that the intent of this Code is satisfied, the City may enter into a development agreement with a developer. Development agreements shall be governed by the provisions ofF.S. ~~ 163. 3220-163. 3243, as amended. ( Also see Sec. 13. 302) 13. 203. Development R~eview Process. A. Developers shall comply with procedures outlined in Table 13- 1: Development Determination & Approval Process Chart and in this section. 1. An application for development approval must be obtained from the City, which shall be in the form prescribed by the CDS Director and shall be completed by the developer or the developer' s authorized agent. 2. The completed application shall constitute a request from the developer for development approval when submitted to the director along with the site plan requirements specified in section 13.204. B. Designation of pllans. For purposes of these review procedures, all development plans shall be designated by the: CDS Director as either expedited, minor, or major according to the criteria below. Before submitting a development plan for review, the developer shall provide the CDS Department with sufficient information to make this determination. The City determination shall be supported by written findings. ( See Table 13- 1: DevEtlopment Determination & Approval Process Chart) C. Pre-Application Conference. 1. Expedited and Mlinor Developments. No pre- application Conference is required. 2. Major Developments. Prior to filing for major development review, the developer shall meet with the CDS Director to discuss the development review process and to be informed of which staff members to confer with about the application. No person may rely upon any comment concerning a. proposed major development, or any expression of any nature about the proposal made by any participant at the pre- application conference as a representation or implication that the proposal will be ultimately approved or rejected in any florm. No pre- application conference is required for expedited or minor development plans. 13-2  Chapter 13 I Administration and Enforcement Sec. 13. 200./ DEVELOPMENT PROCEDURES Sec. 13. 203. Development Review Process TABLE. 13- 1: DEVELOPMENT DETERMINATION & APPROVAL PROCESS CHART Single Family Development PLANNING STAFF Duplex BUILDING Triplex PERMITS EXPEDITED Quadplex Renovations/ Remodeling Residential Additions Signs Temporary Uses Affordable housing projects BUILDING PLANNING STAFF Development up to 2.25 acres PERMITS MINOR Buildings from 1 to 3 stories DEVELOPMENT habitable stories) REVIEW Nonresidential Buildings and COMMITIEE (DRC) Nonresidential Additions Change of Use Townhouses, less than 3 units DRC 2. 25 acres and more Buildings 4+ stories COMMUNITY DEVELOPMENT habitable space) ORDER MAJOR REDEVELOPMENT Development Agreements AGENCY (CRA)* Development of Regional Impacts (DRI) MUNICIPAL Planned Unit Developments PLANNING BOARD PUDs) MPB) Communication Towers Plats of 3+ lots CITY COUNCIL Townhouses, 3 or more units Only with projects that are located within the CRA boundaries. is deemed incomplete, an D. All applications will be reviewed for completeness by the City staff. If an application will not proceed until all the deficiencies have been applicant will be notified of the deficiencies and review corrected. meets all the applicable Code 1. Expedited Development. In the event an application for expedited review requirements and regulations, as codified within the Code of Ordinances of the City, such development may without further review by the applicable board or City Council. directly make application for a building permit or whether the The CDS Director shall make the final determination regarding expedited applications also referred to as the DRC). application should go before the Development Review Committee ( a. Activities subject to expedited review are: on one lot or parcel; 1) Construction or renovation of a single family dwelling, duplex, triplex, or quadplex 13- 3  Chapter 13/ Administration and Enforcement Sec. 13.200./ DEVELOPMENT PROCEDURES Sec. 13. 203. Development Review Process 2) Renovation, e!xpansion, or other similar activity