Fort Walton Beach Ordinance — 1126--Flood Damage Prevention — reading text

Historic Places is to be restored or reconstructed. (2) Good and sufficient cause exists for the granting of the variance. (3) Failure to grant the variance would result in exceptional hardship to the applicant. (4) The issuance of the variance would not regult in increased flood heights, additional threats to public safety or extra- ordinary public expense. . (5) The variance allowed is the minimum necessary to afford relief. (6) The variance would not have the effect of nullifying the in- tent and purpose of the chapter. (b) In addition to the other requirements of this section, the City Manager-.shall notify the applicant for a variance that issuance of a variance to construct ‘a structure below the base flood level will result in increased premium rates for flood insurance, up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and that such construction below the base flood level increases risks to life and property. A record of these notifications shall be maintained in the City files. 1987-A Replacement a sae : 35 Floodplain Regulations : 1412.11 (c) AU applications for~ variances shall be heard by the Board after reference to such committees and administrative officials as may be estab- lished for purposes of investigation and recommendation. (d) Prior to the granting of a variance, the Board must find that justification exists in accordance with this chapter. These findings, together with the grant of a variance, shall be reduced to writing and made a part of Municipal records. All variances shall pertain to the particular parcel of land and apply only to the proposed structure set forth in the variance application. (e) Variances shall be freely transferable with the land and shall not be personal to the applicant. (f) Unless otherwise provided therein, a variance shall be valid for a period of one year after the date of its issuance. If construction has not commenced pursuant thereto within such time, such variance shall become void. Lapse of a variance by the passage of time shall not preclude a sub- sequent application for a variance. (g) No variance, except as herein specifically permitted, may be granted from the provisions of this chapter. The variance procedures herein provided shall be the exclusive method for obtaining variances under this chapter. (h) Each written application for a variance shall be accompanied by a fee of fifty dollars ($50.00). Such an application shall reflect the type of structure for which a variance is sought, the size of such structure, its approximate location upon the parcel and the intended use thereof. (i) An applicant to whom a variance is granted shall be given notice that the proposed structure will be located in the flood-prone area, that the structure will- be permitted to be built with the lowest floor elevation below the regulatory flood elevation, stating in the notice the number of feet be- low the regulatory flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced first floor elevation. - (Ord. 658. Passed 7-27-76; Ord. 658.1. Passed 9-4-76; Ord. 658.2. Passed 5-10-77; Ord. 728. Passed 10-13-81.) 1412.11 NONCONFORMING USES. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter (Ordinance 658, passed July 27, 1976), but which is not in conformity with its provisions, may be continued as a nonconforming use, subject to the following conditions: 1412 .12 BUILDING AND HOUSING CODE . 36 (a) (b) Ce) (d) ~ se Any substantial improvement of a nonconforming structure shall be made in compliance with this chapter. -If such use is discontinued for six consecutive months, any future use of the building or premises shall conform to this chapter. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of fifty percent or more of its market value immediately prior to the destruction, it shall not be reconstructed except in conformity with this chapter. Any use which has -been permitted as a special exception use and which is in full compliance with this chapter and attached condi- tions shall be considered a conforming use. (Ord. 658. Passed 7-27-76.) 1412.12 VIOLATIONS. No person shall violate or fail to comply with any of the provisions of this chapter, including conditions and safeguards established in connection with grants of variances or special exceptions. (Ord. 658. Passed 7-27-76.) 1412.99 PENALTY. (EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.) Daily News Published Daily Fort Walton Beach, Florida State of Florida County of Okaloosa Before the undersigned authorized personally appeared Denise Spencer , who on oath says that (s)he ig Acct.Asst. of the Northwest Florida Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being a legal in the matter of Notice=-~Ordinance No. 1126 in the Court, was published in said newspaper in the issues of September 27, 1991 Affiant further says that the said Northwest Florida Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any per- son, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ; . . a Cail 7] ~ fos Vow rede UR oni Sworn to and subscribed before me this 27th day of September 1 P ,A.D.19 9 . 7 : dy Wy ZL * D a o Notary Public, State of Florida at Large -_ ae we My Commission Expires - Leg. 1428 CITY OF FORT WALTON EACH, FLORIDA sOTICE he City Council of the City of Fort Walton Beach, Florida, while meeting in regular ses- sion in Council Chambers, Fort Walton Beach, Florida, at approximately 7:00 p.m. on October 8, 1991, will con- sider the enactment of the following ordinance: ORDINANCE NO. 1726 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING CHAPTER RELATING TO FLOOD DAMAGE PREVEN- TION; AMENDING CHAPTER 262, EMERGENCY MANAGE- MENT AGENCY, AMENDING SECTION 262.05, PROVID- ING FOR DUTIES OF THE DI- RECTOR OF EMERGENCY MANAGEMENT; ADDING SECTION 262.10 PROVIDING FOR POST-DISASTER REDE- VELOPMENT PROVISIONS; REPEALING EXISTING CHAP- TER 1412, FLOODPLAIN REG- ULATIONS OF THE CODIFIED ORDINANCES OF THE CITY OF FORT WALTON BEACH; PROVIDING FOR AUTHORITY, PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR STATEMENT OF PURPOSE; PROVIDING FOR OBJECTIVES; PROVIDING FOR ODEFINI- TIONS; PROVIDING FOR LANDS TO WHICH THIS OR- DINANCE APPLIES; PROVID- ING FOR BASIS FOR ESTAB- LISHING THE AREAS OF SPE- » CIAL FLOOD HAZARD; PRO- VIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMIT; PROVIDING FOR COMPLI- ANCE; PROVIDING FOR AB- ROGATION ANDO GREATER RESTRICTIONS; PROVIDING: FOR INTERPRETATION; PRO-- VIDING FOR WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR PENALTIES. FOR VIOLATION; PROVIDING FOR DESIGNATION OF CITY MANAGER OR HIS DESIGNEE; PROVIDING FOR PERMIT PROCEDURES; PROVIDING FOR DUTIES AND RESPONSI- BILITIES OF THE CITY MAN- AGER OR HIS DESIGNEE; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR GENERAL STANDARDS; PROVIDING FOR SPECIFIC STANDARDS; PROVIDING FOR STANDARDS FOR STREAMS WITHOUT ESTAB- LISHED BASE FLOOD ELEVA- TIONS OR FLOOOWAYS; PROVIDING FOR STANDARDS FOR SUBDIVISION PROPOS- ALS; PROVIDING FOR SEVER- ABILITY; AND PROVIDING AN EFFECTIVE DATE. The cbove ordinance may be inspected at the office of the City Clerk, City of Fort Walton Beach, Florida. Interested par- ties may appeor at the meet- ing of City Council on Octo- ber 3, 1991 and be heard with respect to the above or- dinance. Any person who de- cides to appeal any decision of the City Council, with. re- spect to any matter consid- ered at this meeting will need a record of the proceedings, and for such purposes, may need to ensure that a verba- tim record of the proceedings is made, which record in- cludes the testimony and evi- dence upon which the appeal is to be based.