Fort Walton Beach Ordinance — 2148--Amending LDC Chapters 1 & 2 for Manufacturing Uses — reading text

RE,ADTNG DATE Apt i aez ORDINANCE 2148 2nd a5 aa5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTERS 1 AND 2 OF THE LAND DEVELOPMENT CODE FOR MANUFACTURING USES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Growth Management Department has seen an increase in the desire for small- scale manufacturing; and WHEREAS, different types of manufacturing have different impacts on surrounding properties and neighborhoods; and WHEREAS, the Land Development Code does not currently define different levels of intensity for manufacturing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Amendment of Land Development Code Chapters 1 and 2 CHAPTER 1— GENERAL PROVISIONS 1. 08. 02 List of Defined Terms. Words used in this LDC shall be construed according to the common meaning as defined in a standard dictionary, such as the Merriam -Webster Collegiate Dictionary, or other source, such as The Florida Building Code, or the Florida Statutes. Words defined in this Section have the meaning provided when used in this LDC. Access: A way or means of vehicular or pedestrian approach to provide physical entrance to a property. Accessory dwelling: A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling, whether part of the same structure as the principal dwelling or a detached dwelling. Accessory dwellings may be called helpers quarters, guest quarters, mother-in-law suites, granny flats, or other similar terms, all having the same meaning as " accessory dwelling." Accessory use or building: A subordinate use or building customarily incident to the principal building or use and which is on the same lot or parcel of ground as the principal building or use. Adverse effects: Any modifications, alterations, or effects or waters, associated wetlands, or shore lands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.  Aircraft: As described herein, is hereby defined as a manned, powered or unpowered machine or device capable of atmospheric flight, except an unpowered parachute or other such device used primarily as safety equipment. This does not include drones as defined in F. S. § 934. 50. Aquifer: An underground formation, group of formations, or part of a formation that is permeable enough to transmit, store or yield usable quantities of water. Archaeological site: A property or location which has yielded or may yield information on the city's and local area's history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features indicating the past use of a location by people. Arena, auditorium, or stadium: An open, partially enclosed or fully enclosed facility primarily used or intended for commercial spectator sports or entertainment. Typical uses include convention and exhibition halls, sports arenas, and amphitheaters. Artisan studio: A workplace for a person skilled in an applied art. As -built plans: The amended site development plans specifying the locations, dimensions, elevations, capacities and capabilities of structures or facilities as they have been constructed. Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building: Any structure built for support, shelter, or enclosure for any occupancy or storage. Clearing: The removal of trees and brush from a substantial part of the land but shall not include mowing of grass. Commercial vehicle: Any vehicle whether motor -driven or towed, and used constructed or equipped for the transportation of goods, wares, merchandise, tools, or equipment in the trade, commerce or industry. The following vehicles shall be excluded from the effect of this LDC: Passenger vehicles including station wagons, SUVs, and vehicles constructed for recreational purposes or other noncommercial purposes, vehicles used by governmental agencies for official business, and vehicles which are or may be required to be similarly identified by State or Federal law. Cottage industry: The creation or assembly of products in a home-based setting rather than a factory. Cross -access: A vehicular and/ or pedestrian connection between abutting properties which permits the exchange of trips between the two adjacent sites without the need to use the public street system. Cultural or historic resource: Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. The properties may include, but are not limited to, monuments, memorials, Native American habitations, ceremonial sites, abandoned settlements, artifacts or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government, and culture of the city, the state, or the nation.  Dedication: The deliberate appropriation of land by its owner for any general and public use, reserving to such owner no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. De minimis: A matter so minor as to be disregarded. Density: Number of residential dwelling units per acre. Detention: The collection and storage of surface water for subsequent controlled discharge at a rate which is less than the rate of inflow. Development agreement: A document complying with the requirements of Section 163. 3220. 3243, F. S. Development order: Any order granting, denying, or granting with conditions, any official action of the City having the effect of allowing or denying the development or use of land. Direct hydrologic connection: A surface water connection which, under normal hydrological conditions, occurs on an average of thirty (30) or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection. Discharge or discharge point: The point of outflow of water from a project, site, aquifer, drainage basin, or facility. Drainage: Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means which include runoff controls. Drip line: The outer perimeter of the crown of a plant or tree. Dwelling: A single building; or portion thereof, forming an independent habitable unit including facilities for living, sleeping, sanitation, and cooking. Dwelling, duplex: A single building containing two ( 2) contiguous and independent dwelling units separated by a common wall and sharing a common roof and foundation. Dwelling/multiple family: A structure containing three ( 3) or more dwelling units attached to each other by walls, garages, carports, utility rooms, breezeways, etc. or conventional dwelling units, whether attached or detached from each other, which share a single deeded lot. Each dwelling unit of the multiple family structures may be located on one ( 1) deeded lot or may be on separately deeded lots. Multifamily dwellings include structures commonly called garden apartments, apartments, and condominiums. Dwelling/single-family: A structure containing a single dwelling unit, detached from other dwelling units by horizontal or vertical space with no connection provided by walls, garages, carports, utility rooms, breezeways, etc. Easement: An interest in land owned by another which entitles its holder to a specific use or enjoyment. Elevated building: A non -basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns ( posts and piers), shear walls, or breakaway walls.  Elevation (geography): Vertical distance to a point or object from sea level or some other datum, as specified within the LDC. Elevation ( structures): A drawing showing the vertical elements of a building, either exterior or interior, as a direct projection to a vertical plane. Ex parte: An oral and/ or written communication with a decision -maker regarding an application for development approval which occurred prior to the quasi-judicial hearing at which the decision -maker is to consider such application. An ex parte communication includes a private site visit to the property that is the subject of the application for development approval. Facade: That portion of a building encompassing the area extending in a generally vertical plane from the ground to the highest point of the building, marquee, or canopy and extending in a horizontal plane between the vertical ends of the structure. Farmers market: A group of vendors principally involved in the sale of locally produced and grown fruits, vegetables, meats, prepared foods, and art and crafts. Finished floor elevation: The top of a floor surface of an enclosed area in a building including basement) i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction measured from the mean sea level. Flag: A sign made of fabric or other similar non -rigid material supported or anchored along only one edge or supported or anchored at only two (2) corners. Flood or flooding: The following terms are defined for the purposes of implementing the floodplain management requirements set forth in Section 3. 05. 00. The use and application of the following terms are applicable solely to Section 3. 05. 00 and shall not be construed to apply to any other regulations set forth in this LDC. Alteration of a watercourse: A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross- sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/ or velocity of the riverine flow of water during conditions of the base flood. Appeal: A request for a review of the Flood Plain Administrator interpretation of any provision of this LDC or a request for a variance. ASCE 24: A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood: A flood having a 1 - percent chance of being equaled or exceeded in any given year. [