Fort Walton Beach Ordinance — 1724 Flag Pole Height — reading text

READING DATE 1st 2nd ORDINANCE 1724 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 12. 731 HEIGHT AND AREA EXCEPTIONS OF THE LAND DEVELOPMENT CODE TO PERMIT FLAG POLES UP TO A MAXIMUM HEIGHT OF TWO HUNDRED ( 200) FEET ABOVE GROUND LEVEL AS A CONDITIONAL USE; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Walton Beach finds that there is a need to provide a process for property owners to be able to receive approval to install flag poles and to display flags on their property; WHEREAS, the City of Fort Walton Beach finds that the conditional use process is the appropriate process for consideration of such a request; WHEREAS, a public hearing was held before the Municipal Planning Board on May 3, 2007 and the Municipal Planning Board has recommended disapproval of the amendment; WHEREAS, two public hearings have been conducted after giving due public notice pursuant to Section 166. 041, Florida Statutes, by the City Council of Fort Walton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY AND INTENT The authority for enactment of this Ordinance is pursuant to the powers of the City of Fort Walton Beach provided in the City Charter and section 166. 021( 1), Florida Statutes ( 2006). SECTION II. AMENDMENT TO CHAPTER 12. 731, HEIGHT AND AREA EXCEPTIONS, OF THE LAND DEVELOPMENT CODE, TO ADD SECTION 12.731. 06, FLAG POLES. Chapter 12. 731, Height and Area Exceptions, is hereby amended to add section 12. 731. 06, Flag Poles, as follows: Sec. 12. 731. 06 Flaq Poles  1) Flaq poles are permitted as accessory structures in each zoninq district. subiect to the heiqht and setback reQuirements applicable to any accessory structure. 2) Pursuant to the provisions of chapter 12. 94. flaq poles. UP to a maximum of 200 feet above ground level. may be considered and authorized as a conditional use in the followinq zoninq districts: all commercial districts. all industrial districts. all mixed- use districts. all redevelopment districts. and in planned unit developments. SECTION III. CONFLICTING PROVISIONS. If any ordinance or parts of any ordinance are in conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION IV. SEVERABILITY. Should any section or provision of this ordinance, or any portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part hereof, other than that part declared to be invalid. SECTION V. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. PASSED AND ADOPTED BY THE CITY COUNCIL ~ THE CITY OF BEACH, FLORIDA ON THE /. DAY OF rALTON 2007. hk~ MIKE ANDERSON, MAYOR J!: i ti.. HELEN ASPE ER CITY CLERK Approved as to form and legal sufficiency. 2  r!1~{; CITY ATTORNEY Note: Deletions are noted by Gtrikethroughs; additions by underlines. Codification Instructions: Section II, codified as new section 12. 731. 06 Section I, III, IV, V, are not codified. 3  CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7: 00 p. m. Tuesday, June 12, 2007, in the Council Chamber at Fort Walton Beach City Hall, Miracle Strip Parkway, SW, at which time the City Council will consider its adoption i law. The ordinance in its entirety may be inspected at the Office of the City Clerk dUl, regular working hours. All interested parties may appear at the meeting and be he " with respect to this proposed ordinance. ' ORD. 1724 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDII FOR AUTHORITY; AMENDING CHAPTER 12. 731 HEIGHT AND AREA EXCEPTI~ OF THE LAND DEVELOPMENT CODE TO PERMIT FLAG POLES UP TO A MAXIM' HEIGHT OF TWO HUNDRED ( 200) FEET ABOVE GROUND LEVEL AS' CONDITIONAL USE; RESOLVING CONFLICTING PROVISIONS; PROVIDING FC SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Any person who decides to appeal any decision made with respect to any mat considered at such hearing will need a record of the proceedings, and for such purpq may need to ensure that a verbatim record of the proceedings is made, which recd I includes the testimony and evidence upon which the appeal is to be bas~ FS286. 0105). The City of Fort Walton Beach adheres to the Americans with Disabilities Act and VI make reasonable modifications for access to this meeting upon request. Please call tI City Clerk, Helen Spencer at 850- 833- 9509 to make a request. For Hearing Impair~ dial City Hall TDD 850- 833- 9925 or 1- 800-955-8771 ( TDD) or 1- 800- 955- 8770 ( VOICS Requests must be received at least 48 hours in advance of the meeting in order to alld the City time to provide requested service. Helen Spencer City Clerk 833- 9509 1. 7." 7 : ,,': . J_,' h2907 ,(,