Chapter 4. Conditions for Limited Specific Uses - City of Palm Coast

management, or the person in charge at the time of the inspection, of their
presence and exhibiting proper credentials. Authorized City employees shall
observe the rules of the establishment being inspected concerning safety and fire
protection. Nothing in this section, however, shall preclude a law enforcement
officer from entering the property without notice to investigate suspected
criminal activity as might otherwise be allowed under the laws of the state of
Florida.
B. Final Inspection
When a development order for a marina facility is issued in accordance with the
requirements of this Code and upon completion of construction activities, the
City will complete a final inspection of a marina facility to ensure that it is in
compliance with all applicable regulations and construction standards, and is
consistent with approved construction plans prior to operation. The following
items shall be provided to the City prior to initiating a final inspection:
1. Four (4) copies of as-builts;
2. Auto Cad format as-builts provided on a compact disc;
3. All original testing reports;
4. All federal, state, and other applicable permits or clearance letters; and
5. Certificate of completion from the engineer stating that the marina facility
has been constructed per his/her signed and sealed construction plans.
4.16.10. Exemptions
The following are exempt from the provisions of Section 4.16:
A. Docks as an accessory use to a single-family home abutting a single-family lot.
B. Marina facilities existing, or which have not been constructed, but have received
local governmental approval prior to August 19, 2008 shall be exempt from the
provisions of this Code, but shall be subject to all other applicable permit
requirements of any and all agencies with jurisdiction. Any modification to
marina facilities to increase the existing number of slips will be subject to the
provisions of this Code.
4.16.11. Deviations and Variances
A. Deviations
The Land Use Administrator may issue a deviation of up to five (5) percent of
any development standard contained herein if it is determined that the effect of
the deviation is minimal or insignificant and meets the variance conditions in
Subsection 4.16.11.B below. Any deviation request shall be submitted in
writing and approval shall be issued in writing.
B. Variance
The Planning and Land Development Regulation Board shall have the power to
grant a variance to the provisions of this Code where strict adherence to one (1)
or more of the standards would either: 1) result in an undue hardship
demonstrated on the basis of an irregular or unusual shoreline configuration; or
2) result in marina facility design or placement which, for unintended or
City of Palm Coast Unified Land Development Code
Chapter 4 – Conditions For Limited Specific Uses And Activities
44
Adopted 8-19-08 – Ordinance # 2008-16
Amended 12-15-09 – Ord. # 2009-26; Amended 10-5-2010 – Ord. # 2010-13