Fort Walton Beach Ordinance — 1818 - delete farmers market & outdoor sales from LDC — reading text

ORDINANCE 1818 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; REPEAL OF SECTION 13. 30. 8, TEMPORARY USES; AMENDING CHAPTER 15, ZONING DISTRICTS, OF THE LAND DEVELOPMENT CODE, BY DELETING FARMERS MARKETS AND OUTDOOR SALE AND DISPLAY; AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA: Section 1. Authority & Intent a. The authority for enactment of this ordinance is Chapter 166. 021, and other provisions of the Florida Statutes and section 2 of the City Charter. b. The Municipal Planning Board, sitting as the Local Planning Agency, held a public hearing and considered this ordinance on March 4, 2010. The City Council conducted public hearings on March 23, 2010, and April 13, 2010, after giving due public notice. c. The City currently has an administrative process for permitting special events. A special event permit for Farmers Markets and Outdoor Displays and Sales will provide a more efficient method of allowing such operations and events than will the separate temporary uses permit as contained in the City' s Land Development Code. The special event permit for Farmers Markets and Outdoor Display and Sale, along with other currently prohibited temporary uses, will help to foster economic revitalization and business proprietorship in the City. d. The City Council finds it is in the best interests of its citizens and the community that section 13.30. 8, Temporary Uses, of the Land Development Code is repealed and Farmers Markets and Outdoor Display and Sale be special events permitted on a case by case basis by the City Manager. Section 2. Repeal of Section 13.30.8, Temporary Uses, Land Development Code Section 13.30. 8, Temporary Uses, of the Land Development Code is hereby repealed in its entirety. See. 13. 30.8. Temporary uses. OB Of "Nithin any priviite property, the follovliBg outdo Of uses and aeti":ities shall be prohibited tm:less a tem.porary use permit therefore is ohtaiBed from the eity: sid~ valk sales, 6* hibitioBs, displays, performanees, faifS, als, hawws, eami-'.~ eOBtests, rodeos, gf8:fld opening e-'/ eflts fur basinesses, seasoaal holiday sales Be'..\' lots f-or items SMelt as pwnf)kiBs, fifelNerks, tfees, ew., Of any ather aetivity teading to efeate Of eause abnormally large or eKeessive efO\ vds Of traffie and poses a  detrimeBtal effeet on the pub lie health, safety and ".velfafe. 1.\. Applie-eti81f plTJeetiw-e and permitting plTJeess. An applieaDt shall provide the D8 departmeBt \:Yith the JiBg \ mtteB informatioB BO less thaD 1 4 fellO\:'" rk days pflOf to the proposed 07/ ent or T{) ity in support of its applieatioB fer a aeti.., permit hereaader: 1. Name and busiBess adGFess of the applieaBt; 2. 8peeifie 10eatioB of aeth7ities fof \:vhioo permit is soaght; 3. . and Pose Namre p\: H' of aeti"Jities fof \:'" Jhieh permit is sought; 4. 8peeifie loeatioB ana physieal dimeBsioBs of MY stmetufe, vehiele, teBt or app8fams soaght to be aBed iB eOBji\fletioB " lJi.th permittea aeti"lities; 5. 8peeifie days and hoars of aetivities soaght to be permitted; 6. Letters of objeetioBs aad/{) f no objeetioDS as to the aeti":ities as deseribed hereof signed by all the teflRBts aad/. JftefS of businesses leeated OB of O",," the property fef ". vhieh the aetivities are seaght to be permitted. 7. Farthef, BO permit shall be issued hereunder fof the feqaested use unless the applieMt reasonably establishes that the follo\"Ang eeooeras have beeB addressed in a matUlef that is eOBsisteat " l/ ith the iBtefests of the publie health, elfare and morals: safety, ",,\~ a. Traffie eOBtrol; b. Sanitation and litter eOBtrol; e. Restroom faeilities; d. Parking; e. CfOV.r.d eOBtr-ol; f. Liability iBsamnee; 8Bd g. 8i~ e. B. ! SSU6nC0f3 8/ permit. UpOB rtv/ iev: of the fe'lmrem nts set forth iB this seetioB by the D8 department after eoasultatioB ...... lith the appropriate eity staff, Md UpOB fiooing that the permitted aeti";ity as preposed vAll Bot uaduly impair the pablie health, safety, ".velfare and morals of the eity aad ".vill miBimize any possible disruptioBs to adjoining or neighboring resideats or establishments, a permit shall be gmated. c. V$lmber J. per year and dNFafi6n. Not mare thaD six temporary evoots iB any 12 month period shall be held on the same loeatioB. Eaeh event shall Bot &xeeed ten eOBse -ati" le days. D. Appeal denial. If a permit is deniea, the D8 direetof shall 8/ Ritten Botiee of the deeisien stating the reasoBs for denial. The applieant provide ....., of may appeal the deeisioB to the board of adjustment by giviBg \ vritteB Botiee vritten denial. saeh appeal "Nithin 30 days efthe date of the ... Section 3. Amendment of Table 15- 2, Land Development Code Chapter 15, Zoning Districts, of the Land Development Code, is hereby amended to delete Farmers Markets and Outdoor Display and Sales as uses in designated in the Land Development Code. The amended table is attached as Exhibit A. The definition of Farmers Markets shall be deleted from the definitions in Chapter 20 of the Land Development Code. Ord. 1818 Page 2 of 3 Section 4. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted: ~ ' 3j ~ ItJ Mk~ Mike Anderson,Mayor New language is underlined. Deleted language is skieken. Codification Instructions: Section 1, 3 not codified. Sections 2 codified and changes chapter 15 of Land Development Code as stated. Ord. 1818 Page 3 of 3  FORT WALTON BEACH LAND DEVELOPMENT CODE TABLE 15- 2 Anowed Land Uses and Permit Requirements for Low & Medium Density Residential Zones P Permitted Use C Conditional Use Approval A Accessory use allowed Use not allowed . . LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific Use I Regulations N N RESIDENtIAL USES Accessory Uses (SF Dwellin2) P P P P P Apartments/Condominiums with more than 3 units - - - - p Cluster Housing _.. - - - - p Con2fe2ate Living Facility - - - - C Home Occupation A A A A A Manufactured Home Parks - - -...-.. - C Multi-Family Dwellings - - - - p Nursing or ConvaJescent Facility - - - - C Single-Family Detached Dwelling P P P P P Three-Family Dwelling. - - - P P Townhouse :- - - p p Two-Family Dwelling - - - p p Key to Zoning District Symbols R- IE Estate Family Single': R- IA SinJde-Family Dwelling District R- IA Single-Family Dwelling District R- 2A Low Density , Multifamily Dwelling District R-2 Low Densitv, Multifamilv Notes: I)See glossary section [ chapter 20] for land use defmitions~ 28-  FORT WALTON BEACH LAND DEVELOPMENT CODE TABLE 15- 2 Allowed Land Uses and Permit Requirements for Low & Medium Density Residential Zones P Permitted Use C Conditional Use Approval A Accessory use allowed Use notaUowed PERMIT.REQUIRED BY DISTRICf N Specific Use LAND USE( I) - - ~ ~ Regulations PUBUc/CIVIC USES Cemetery - - - - - . Church or Place of Worship . Golf Course - - - .- - Kinder2arten I Pre- Kindergarten - - - - - Library - - - - - Museum - - - - - Nei2hborhood Playground I Park - - - - - Public Boardwalk - - - - - . Public Parking Lots I Parking Structure - - - - - Public Utility Structure - - - - - School, Public or Private - - - - - Key to Zoning District Symbols R- IE Estate Sin21e- Family R- IA Single-Family DweHing District R- IA Single-Family Dwelling District R-2A Low Density, Multifamily Dwelling District R-2 Low Density, Multifamily Notes: 1) See glossary section [ chapter 20] for land use definitions. 29-  FORT WALTON BEACH LAND DEVELOPMENT CODE TABLE 15- 2 Allowed Land Uses and Permit Requirements for Mixed Use Zones P Permitted Use C Conditional Use Approval ; A Accessory use allowed Use not allowed PERMIT REQUIRED BY DISTRICT