In this chapter, the present tense includes the future, the singular number includes the plural and the masculine includes the feminine and the neuter; the following words and phrases shall have the meanings indicated. Except as defined herein, all other words used in this chapter shall have their customary dictionary definitions.

Abandoned vehicle: Any vehicle which is unlicensed or, by outward appearance, not operable.

Abut: To physically touch or border upon or to share a common property line.

Abutting property: Unless specifically stated otherwise within this chapter, "abutting property" shall mean properties having a boundary line, or point or portion thereof, in common with no intervening public right-of-way.

Access, vehicular: The principal means of vehicular ingress and egress to abutting property from a street right-of-way or easement.

Accessory building or structure: See "building or structure, accessory."

Accessory use: See "Use, accessory."

Acre: A measure of land containing forty-three thousand five hundred sixty (43,560) square feet.

Addition: A structure added to the original structure after the certificate of occupancy has been issued for the original structure.

Adjoining lot or land: See "Abutting property."

Adult arcade means a place to which the public is permitted or invited wherein coin-operated, slug-operated or token operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as defined herein.

Adult bookstore: An establishment maintained for the sale or distribution to adults of material, the sale of which to juveniles would be prohibited by Florida Statutes.

State Law reference— Distribution of harmful materials to juveniles, F.S. § 847.012.

Adult bookstore/adult video store/adult novelty store means an establishment that sells or offers adult material for sale or rent for commercial gain, unless the establishment demonstrates that:

(1)

Admission to the establishment is not restricted pursuant to chapter 847, Florida Statutes; and

(2)

The individual items of adult material offered for sale and/or rental comprise less than twenty-five (25) percent of the individual items publicly displayed in the establishment as stock in trade and are not accessible to minors at the establishment.

Adult booth means a separate enclosure inside an adult use establishment, accessible to any person, regardless of whether a fee is charged for access. The term adult booth includes, but is not limited to a peep booth show, adult arcade booth, or other booth used to view adult material. The term adult booth does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult congregate living facility shall mean any Florida department of health and rehabilitative services licensed building or buildings, section of a building, or distinct portion of a building, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding twenty-four (24) hours, housing, food service, and one (1) or more personal services for adult resident clients, not related to the owner or administrator by blood or marriage, who require such services.

Adult dancing establishment means an establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

Adult exhibition: An establishment maintained for the exhibition for monetary consideration of motion pictures, exhibitions, shows, presentations or representations, the exhibiting of which to a minor would be prohibited by Florida Statutes. See also "Detrimental uses."

State Law reference— Exposing minors to harmful motion pictures, exhibitions, shows, presentations or representations, F.S. § 847.013.

Adult material means: Any one (1) or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals, or other printed matter, paintings, drawings or other publications or graphic media, or photographs, films, motion pictures, video cassettes, or disks, slides, or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

Adult photographic or modeling studio means any business establishment which offers or advertises as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas or the modeling of apparel that exhibits specified anatomical areas.

Adult theater means an enclosed building or an enclosed space within a building, or an open air area used for presenting either filmed or live plays, dances, or other performances, either by individuals or groups distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein. An establishment which has adult booths or an adult arcade is considered to be an adult theater.

Aircraft landing strip: A facility whose primary purpose is to accommodate the takeoff and landing of noncommercial passenger aircraft.

Airport: A place where aircraft can land and takeoff, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers.

Alley: Any public or private right-of-way intended to be used as a secondary means of access or service to abutting properties and not intended for general traffic circulation.

Alteration: Any change in size, shape, occupancy, character or use of a building or structure. Alteration does not include customary maintenance or repairs.

Apartment: A single dwelling unit in a multiple-family dwelling; a separate housing unit including at least a bath, kitchen and living and sleeping accommodations.

Applicant: Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, or their duly authorized representative, commencing proceedings under this chapter.

Appurtenance: Something added to another, more important thing; accessory.

Automobile wrecking or wrecking yard: The dismantling, crushing, shredding or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts (see also "Junkyard").

Automotive sales and service: Service stations, paint and body repair shops, automotive repair garages and the sale or storage of new and used automobiles.

Automotive service station: An establishment the principal business of which is the retail dispensing of automotive fuels and oil, but which provides mechanical services.

Automotive vehicle: Any self-propelled vehicle or conveyance designed to transport persons, animals, freight, merchandise or any substance, to include tractors, construction equipment, machinery or motorcycles, but not mopeds or motorized bicycles.

[Banner, flag or pennant: Any cloth, plastic, paper, or similar material used for advertising purposes attached to, or appended on or from any structure, staff, pole, line, framing or vehicle.] ^[2]

Bar, cocktail lounge, tavern, or nightclub: Any establishment devoted primarily to the sale and on-premises drinking of malt, vinous or other alcoholic beverages.

Bay window: A window projecting outward from the wall of a building forming a recess in a room, however, not a window supported on a foundation extending beyond the main wall of a building.

Board: The Board of County Commissioners of Charlotte County, Florida.

Board of zoning appeals: The board having the functions, powers and duties as set forth in section 3-9-6 herein.

Boardinghouse: See "Rooming and boarding house."

Boat or watercraft: Any structure designed or made to float on the water, including a floating structure, excluding floating docks, permanently anchored to a dock or to the shore.

Buffer strip: Land area used to visibly separate one use from another and/or to shield or block noise, lights or other nuisances. Buffer strips may be required to include fences or berms, as well as shrubs and trees.

Buildable area: That area within and bounded by required yards and setbacks.

Building: Any structure, either temporary or permanent, having a roof impervious to weather and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings, cabanas or vehicles situated on private property and serving in any way the function of a building.

Building or structure, accessory: A building or structure which is customarily incidental and subordinate to a principal building or to the principal use of the premises and located on the same premises (see "Building, principal").

Building, conventional:

(1)

A building, built up on-site and upon its own permanent foundation, constructed of basic materials such as wood, masonry or metal or minimally prefabricated components such as roof trusses, wall panels, and bathroom/kitchen modules and conformable to the locally adopted building, electrical, plumbing and other related codes; or

(2)

A "manufactured building" is a closed structure, building assembly, or system or subassemblies, which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage and industrial structures. "Manufactured building" may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site for installation, or assembly and installation, on the building site, and which has also been certified to comply with the state department of veteran and community affairs. The "term manufactured building" does not include mobile homes. The term "manufactured building" shall be synonymous with "modular homes."

Building, height of: The vertical distance measured from the lowest minimum habitable floor elevation for which a building permit may be issued to the highest point of a flat roof and mansard roof, or to the mid-point height between the eaves or the top of the external wall, whichever is higher, and the ridge of gable, hip, shed, and gambrel roofs.

Building, principal: A building in which is conducted the principal use of the lot on which it is situated. In a residential district, any dwelling shall be deemed to be the principal building on the lot on which it is located. An attached carport, garage, shed or other building shall comprise a part of the principal building and shall be subject to all regulations applicable to the principal building. A detached and structurally independent garage, carport or other structure shall conform to the requirements of an accessory building.

Building official: The person duly authorized by the board of county commissioners and delegated the responsibilities for the administration and enforcement of the county's building codes.

Building site: The lot upon which a building has been or is proposed to be erected.

Bulk storage: The storage of chemicals, petroleum products and other materials in above-ground containers for subsequent resale to distributors or retail dealers or outlets. (Note: Bulk storage is essentially a warehousing operation as the key part of the definition is that the products are sold for eventual resale and not directly to the consuming public.)

Bulkhead line: The mean high-water line on waterfront property defined by an existing seawall or survey.

Business services: Any commercial activity primarily conducted in a office, not involving the sale of goods or commodities available in the office, and not dispensing personal services, but including such businesses as real estate brokers or agents, insurance agencies, stock brokers, automobile brokers, counselors, consultants, accountants, collection agencies, title and abstract companies, income tax services, travel agencies, advertising agencies, studios of art, music, dancing or photography, laboratories, business or stenographic schools and any similar office-type use.

Campground: Any area where two (2) or more sites for tents, tent campers, truck-car campers or travel trailers are offered for sleeping or eating accommodations, most generally to the transient public, where there is direct remuneration in money or money's worth to the owner or indirect benefit to the owner in connection with a related business.

Campground, primitive: A campsite which is unimproved (no water or electricity) and primarily used for tents and no motorized recreation vehicles. A primitive campground may consist of an office, general storage (convenience food store) and central bathhouse with utilities.

Camping trailer: See "Recreational vehicle."

Car wash: Establishment primarily engaged in washing cars or in furnishing facilities for the self-service washing of cars.

Carport: A freestanding or attached structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least one (1) side, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Cemetery: Land set apart for the sole purpose of the burial of bodies of dead persons or animals and for the erection of customary markers, monuments and mausoleums.

Centerline: A line bisecting and lying everywhere equidistant between the boundaries of an object. For a road, the boundaries shall be construed as the right-of-way lines; for a body of water, the boundaries shall be the shoreline or bulkhead line thereof.

Child care facility: Any child care center or child care arrangement which provides child care for more than five (5) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit, except that the following are not included: public schools and non-public schools and their integral programs; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods. The provisions of this definition shall not apply to a child care facility which is an integral part of church or parochial schools conducting regularly scheduled classes, courses of study or educational programs accredited by, or by a member of, an organization which publishes and requires compliance with its standards for health, safety and sanitation; however, such facilities shall meet minimum requirements of the applicable local governing body as to health, sanitation and safety.

Church: See "House of worship."

Club, private: Associations and organizations of a civic, fraternal or social character to which public access or use is restricted. The term "private club" shall not include nightclubs, cocktail lounges, taverns or bottle clubs.

Cluster housing: A grouping of dwelling units, with no dwelling unit located above another dwelling unit, on a building site under unified control at the time of development, without regard to required lot size or interior setbacks.

Coastal construction control line: The line established pursuant to state law seaward of which construction may not be undertaken without a permit from the state department of natural resources.

Commercial fishery: Land or structures used as a commercial establishment for the receiving, processing, packaging, storage and wholesale or retail distribution and sale of food products of the sea. Such land or structures may include facilities for the docking, loading and unloading, fueling, icing, and provisions of vessels, and for the drying, maintenance and storage of nets, traps and buoys.

Compatible: Capable of orderly, efficient integration and operation with other land uses and zoning districts.

Completely enclosed building: A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Comprehensive plan: The document, and its amendments, adopted by the board pursuant to F.S. Chapter 163, for the orderly and balanced economic, social, physical, environmental and fiscal development of the county.

Condominium: The form of real property ownership defined by Florida law as such.

State Law reference— Condominium Act, F.S. § 718.101 et seq.

Contiguous: See "abutting."

Convenience food and beverage store: A store which specializes in convenience products and other commodities and which normally is open to the public beyond the normal sales hours of other retail stores.

Country club: See "Club, country."

Day care center, adult: A facility or establishment which undertakes through its ownership or management to provide basic services such as but not limited to a protective setting, social or leisure-time activities, self-care training and/or nutritional services to three (3) or more adults not related by blood or marriage to the owner or operator, who require such services. This definition shall not be interpreted to include overnight care.

Day care center, child: Any child care center or child care arrangement which provides child care for more than five (5) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit, except that the following are not included: public schools and nonprofit schools and their integral programs; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods. The provisions of this definition shall not apply to a child care facility which is an integral part of church or parochial schools conducting regularly scheduled classes, courses of study or educational programs accredited by, or by a member of, an organization which publishes and requires compliance with its standards for health, safety and sanitation; however, such facilities shall meet minimum requirements of the applicable local governing body as to health, sanitation and safety.

Density, residential: The number of residential dwelling units permitted per acre of land within the parcel. The term "density" refers to the number of residential dwelling units permitted per gross acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel. In the determination of the number of residential dwelling units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

Detoxification center: A medical facility open twenty-four (24) hours a day meeting comparable standards to a hospital or nursing home. Such facility shall be for the temporary emergency shelter of intoxicated persons, or those persons suffering from alcoholism, drug abuse or other similar conditions for the purpose of detoxification.

Development review committee: The DRC is composed of members designated by the county administrator. The individuals shall represent the following departments: zoning, planning, engineering, fire prevention, utilities and any other department designated by the county administrator.

Development standards: The minimum requirements set forth in each zoning classification regulating the location, height, bulk, use and other aspects of development within such zoning classifications.

Development of regional impact (DRI): Any development which, because of its character, magnitude or location, would have a substantial effect upon the health, safety or welfare of citizens of more than one (1) county as defined in F.S. Chapter 380.

Dock or pier: A structure extending over water for use as a landing place for watercraft or as a walkway or other water-dependent uses.

Dog kennel: Any location where the boarding, breeding, or training of dogs is conducted as a business.

Drive-thru facility: An establishment where a patron is provided products or services without departing from his automotive vehicle. "Drive-thru," "drive-in" and "drive-up" are synonymous.

Dwelling unit: A room or rooms connected together, which could constitute a separate, independent housekeeping establishment for a family, for owner occupancy, or for lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping and sanitary facilities and one (1) kitchen. The term "dwelling unit" shall not include rooms in hotels, motels or institutional facilities. See also "Housing unit" and "Living unit."

Dwelling unit, types:

(1)

Duplex: A single, freestanding, conventional building or a single lot, designed for two (2) dwelling units under single ownership, or wherein each dwelling unit is separately owned or leased but the lot is held under common ownership.

(2)

Single-family residence: A single, freestanding, conventional building designed for one (1) dwelling unit and which could be used for occupancy by one (1) family.

(3)

Townhouse: A single-family living unit in a group of similar units situated on its own lot or parcel of land, having no side yards or setbacks from adjacent townhouses in the same group and no openings in side walls.

(4)

Mobile homes: Also includes the term "manufactured home." A structure transportable in one (1) or more sections, which is eight (8) body feet or more in width and which is built upon an interval chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. For the purpose of determining length, the length of a mobile home is the distance from the exterior wall nearest to the drawbar and the coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other space.

(5)

Multiple-family building: A group of three (3) or more dwelling units within a single conventional building, attached side by side, or one above another, or both, and wherein each dwelling unit may be individually owned or leased but the land on which the building is located is under common or single ownership.

Easement: A grant of a right to use land for specified purposes. It is nonpossessory interest in land granted for limited use purposes.

Eaves: The extension or overhang of a roof, measured from the outer face of the supporting wall or column to the farthest point of the overhanging structure.

Emergency services: Police, fire, rescue or ambulance but not funeral home services.

Employee means a person who works or performs or provides services in connection with a sexually oriented business, irrespective of whether such person is paid a salary or wage by the owner or manager of the premises, or is an independent contractor, provided such person has a substantial or consistent relationship with the business of, or entertainment services provided by, the sexually oriented business. The term employee includes performers, managers and assistant managers, stockpersons, tellers, and operators. The term employee includes a person who pays a form of consideration to the owner or manager of the sexually oriented business for the privilege of working, performing, or exposing his or her specified anatomical areas within the establishment.

Essential services: Utility service installations other than distribution and collection systems. Water wells and septic tanks are not deemed essential services.

Existing grade: The vertical location of the ground surface prior to excavating or filling.

Fabrication and assembly: The manufacturing from standardized parts of a distinct object differing from the individual components. (Note: The term "fabrication and assembly" often is used to describe a general class of permitted uses. It usually involves materials with form and substance (as opposed to liquid or gas) with a physical, as opposed to chemical, mating or joining of individual parts.)

Family: One (1) person or a group of persons interrelated by blood, marriage or legal adoption, occupying a single housekeeping unit and using common cooking facilities. The persons thus constituting a family may also include, but not exceed, a combined total of four (4) guests and domestic servants.

Family day care home: An occupied residence in which child care is regularly provided for no more than five (5) preschool children from more than one (1) unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. For purposes of determining whether the operation of a residence as a family day care home constitutes a valid residential use under the provisions of this chapter, the maximum number of five (5) preschool children allowable includes preschool children living in the home and preschool children received for day care who are not related to the residence caregiver. In addition to the maximum of five (5) preschool children, elementary school siblings of the preschool children received for day care may also be cared for outside of school hours, provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed ten (10).

Farmers' market: A location where, as an accessory use subject to section 3-9-91, Accessory use—Farmers' market, as may be amended, agricultural and organic items, arts and crafts, or other similar goods, may be offered for sale. Resale of retail items is not permitted.

Filling station: See "Automotive service station."

Fish farm (aquaculture): An area devoted to the cultivation of fish and other seafood for commercial sale.

Flea market: See "Market, open."

Floor area: Floor area shall be the sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls. As an alternative, the applicant may measure from the interior face of the exterior walls to arrive at a calculation of floor area. Should this option be used, the applicant shall be required to submit an affidavit, certified by a registered architect or engineer, as to its accuracy.

Garage, parking: A building or portion thereof designed or used for commercial parking of motor vehicles or boats.

Garage, private: A building for the private use of the owner or occupant of a principal building, situated on the same lot as the principal building, or on a contiguous lot under the same ownership, for the storage of motor vehicles or boats, with no facilities for mechanical services or repair of a commercial or public nature. For the purpose of these zoning regulations, a carport shall be considered as a garage.

Garage, repair: A building designed and used for the storage, care, repair or refinishing of motor vehicles, including both minor and major mechanical overhauling, paint and body work.

Garage or yard sale: An informal sale of used household or personal articles (such as furniture, tools or clothing) held on the seller's own premises, or conducted by several people on one of the seller's own premises.

Greenbelt: An open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.

Group home facility: A building except for an "adult congregate living facility" used as a dwelling for a group of unrelated persons living together as a unit under the supervision of a local or state agency. Such facility includes the term "foster care home."

Guest home: A dwelling unit in a building separate from and in addition to the principal residential building on a lot, intended for intermittent or temporary occupancy without compensation.

Heliport: An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Helistop: A heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Home occupation: An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of section 3-9-79.

Hospice: A facility designed to provide comfort and relief for the emotional and physical needs of the terminally ill.

Hospital: A building or group of buildings having facilities for overnight care of one (1) or more human patients, providing services to inpatients and medical care to the sick and injured, which may include as related facilities laboratories, outpatient services, training facilities, central service facilities and staff facilities; provided, however, that any related facility shall be incidental and subordinate to the principal hospital use and operation.

Hospital, animal: Any structure or premises used primarily and essentially for the medical care of ill, injured or disabled animals.

Hotel, motel, inn: A commercial establishment that offers transient accommodations to the public, and such use shall not be located within any residential districts nor within any residential portion of a mixed-use development.

Houseboat: A boat containing facilities, permanent or temporary, for cooking, bathing, sleeping or the disposal or storage of waste water or refuse.

House of worship: Any building used for nonprofit purposes by any duly constituted and legally established sect, primarily intended to be used as a place of worship, together with customary accessory uses.

Impervious surface: A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. The term includes streets, roofs, sidewalks, parking lots and similar structures.

Incineration: The controlled process by which solid, liquid or gaseous combustible wastes are burned and changed into gases and residue containing little or no combustible material.

Incinerator: An engineered apparatus used to burn waste substances and in which the combustion factors, temperature, retention time, turbulence, and combustion air may be controlled.

Industrial park: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

Industry: Any activity involving the manufacturing of any commodity, including the assembly, packaging, canning, bottling or processing of any item. To change any commodity in composition, form, size, shape, texture or appearance is deemed to be an industrial process.

Intensity: A measurement of the degree of customarily nonresidential uses based on use, size, impact, bulk, shape, height, coverage, sewage generation, water demand, traffic generation, or floor area ratios.

Junk: Old or scrap copper, brass, rope, rags, batteries, papers, trash, rubber, debris, including construction and land-clearing debris, waste, and including wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, iron, steel and other scrap materials.

Junkyard: A location, establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk; the term shall include all dumps and landfills except those operated under the terms of a currently valid permit issued by the state department of environmental regulation.

Laboratory: A facility equipped for experimentation, research or testing. The following three (3) classes of laboratories are provided for in the zoning regulations:

(1)

Class 1: Laboratories for the testing of materials, such as soil laboratories, product testing laboratories, and stress testing laboratories. These laboratories may emit dust and noise.

(2)

Class 2: Analytical laboratories for the testing of soils, water and other substances for contaminants and/or natural characteristics. These laboratories typically test for and handle substances which are deleterious to human health. They are often small-quantity hazard waste generators.

(3)

Class 3: Medical laboratories, forensic testing laboratories and other laboratories not typically handling hazardous materials of such a quantity to be a small-quantity generator under EPA rules. These laboratories are typically clean, but may handle radioactive materials, human and/or animal tissue and other substances which, when properly handled, pose negligible threat to human health.

Land use: The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under the comprehensive plan or element or portion thereof, or land development regulations, as the context may indicate.

Landscaping: Grass, ground cover, shrubs, vines, hedges, trees, berms and complementary structural landscape features such as rock, fountains, sculpture, decorative walls or structures and tree wells.

Live aboard: The use of the cooking, bathing, wastewater or refuse disposal or storage facilities of any watercraft which has not been underway in open water within the preceding twenty-four (24) hours.

Living area: That area of a dwelling unit enclosed and protected from the elements, including interior halls, closets, utility and storage areas, but excluding garages and carports, and utility or storage areas contained therein, screened porches, unenclosed areas, cellars, basements and attics. The living area of a mobile home shall be determined by the area of the basic unit only, and shall not include additions such as cabanas, carports, storage areas or screened enclosures. Living area is determined by exterior dimensions.

Loading space, off-street: A space logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.

Local planning agency: The planning and zoning board performing the functions set forth in F.S. section 163.3174, as well as functions set forth in section 3-9-5.

Lot includes "plot," "parcel" or "tract" and is a piece, parcel, tract or plot of ground contained within the property lines of a specific area as described by metes and bounds or by lot, block and subdivision identification as recorded in the public records of Charlotte County, Florida, including land within easements, but excluding land within any street, road or other right-of-way.

Lot area: The horizontal land area computed in square feet or acres. Small boat slips or other minor indentation shall be considered upland of the shoreline or the bulkhead line when computing waterfront property areas.

Lot, corner: Any lot situated at the intersection of two (2) streets and abutting such streets on two (2) adjacent sides.

Lot coverage: The total area in square feet of all buildings and structures located on a lot. Maximum percentage of lot coverage permitted shall not include covered parking areas without side or rear walls, nor projections of eaves, stairways or fire escapes, but shall include any garage, carport, porch or storage area attached to the principal building. Swimming pools and patios, covered or uncovered with screened enclosures, shall not be included in computing coverage.

Lot depth: The distance measured in a mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite rear line of the lot.

Lot frontage: The property line of a lot abutting a street or streets.

Lot, interior: Any lot bounded on both sides by lots or greenbelts.

Lot line:

Front lot line: That property line which is common with the road right-of-way. In lots having frontages on two (2) or more streets, the front lot line shall be considered to be that lot line facing the street with the least frontage.

Rear lot line: That property line or, on waterfront property, that bulkhead line or shoreline most nearly opposite the front lot line and generally running parallel thereto.

Side lot line: Any property line or, on waterfront property, that bulkhead line or shoreline other than the front or rear line. On lots abutting two (2) or more streets in residential zones property lines other than street frontage shall be considered as interior side lines in applying setback requirements.

Lot of record: A lot whose existence, location and dimensions have been legally registered or recorded in a deed or on a plat.

Lot width: The mean horizontal distance between the side lot lines, measured at right angles to the depth at the midpoint of the depth.

Manufactured building: See "Building, conventional."

Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. (Note: The term "manufacturing" covers all mechanical or chemical transformations, whether the new product is finished or semifinished as raw material in some other process. Manufacturing production usually is carried on for the wholesale market rather than for direct sales. Processing on farms is not classified as manufacturing if the raw material is grown on the farm. The manufacturing is accessory to the major use of farming.)

Marina, industrial: A marine-oriented establishment engaged in the construction, manufacture, sale, maintenance, repair, docking and storage of commercial boats, barges, watercraft and accessories, to include engines, motors, winches, mechanical equipment, supplies, the sale of fuel, lubricants and provisions; and the receiving, processing, storage and distribution of seafood products; and living aboard as provided in this chapter.

Marina, resort: A sheltered water or harbor area with docking facilities for sports and pleasure boats and, upon such approval as may be required, docking facilities for living aboard. Accessory uses may also include the sale of fuel and lubricants, provisions, bait and tackle; service buildings with laundry facilities, showers, toilets, lavatories and recreational facilities may be included.

Marina, sports: A commercial establishment engaged in the sale, maintenance, repair, docking and storage, wet or dry, of boats and watercraft used for pleasure or sports purposes, and accessories, including motors, trailers, equipment and supplies. The sale of fuel and lubricants, provisions, bait and tackle shall be permitted, and upon such approval as may be required, docking facilities for living aboard.

Market, outdoor: A market held in an open or roofed area (not within a building) where groups of individual sellers offer goods for sale to the public.

Marquee and canopy: Any shelter, cover or protection extending beyond the outer face of the building wall, of either rigid or nonrigid construction, designed and intended to be used for the shelter or protection of entrances and doorways.

Massage parlor: A shop, establishment or place of business wherein is administered treatments with mechanical or electrical apparatus for the purpose of body slenderizing, body reducing or body contouring, or all or any one (1) or more of the following subjects and methods of treatment, viz: Oil rubs, salt glows, hot or cold packs, all kinds of baths including steam rooms, cabinet baths, sitz baths, irrigations, body massage, either by hand or by any mechanical or electrical apparatus or device excluding fever therapy, the application of such movements as stroking, friction, rolling, vibration, kneading, cupping, pettrasage, rubbing, effleurage, or tapotement; provided, however, that this definition shall not apply to the bona fide practice of the profession or business of persons authorized by the laws of the state to practice medicine, surgery, osteopathy, chiropractic, neuropathy or chiropody, or persons holding a drugless practitioner's certificate under the laws of the state, nor to registered nurses or barbers or beauticians duly licensed under the laws of the state, nor to licensed practical nurses, orderlies or attendants, nor to nurse's aides in hospitals acting under the direction of a licensed physician, nor to masseurs practicing in a bona fide gymnasium facility nor to masseurs acting as trainers for a bona fide athletic team.

Mean high-water line: Including the term "apparent mean high-water mark," shall be deemed to be the existing bulkhead line on waterfront property having such line, or the line established by a certified survey provided to the zoning official by a registered Florida land surveyor; provided that, in the event such certified survey is shown to be widely at variance with the actual high-water line on the subject property, the zoning official may require the property owner seeking the benefit of determination of mean high-water line to provide an additional certified survey as described above.

Mini-warehouse: A structure containing separate storage of varying sizes, available to the general public at a fee for the dead storage of furniture and other household goods, or commercial or private goods.

Mobile home: See "Dwelling unit, types."

Mobile home park: A lot or parcel of land under single ownership or management upon which is operated a business engaged in providing for the parking of mobile homes to be used for living and storage purposes, and including the customary accessory uses such as owner's and manager's living quarters, restrooms, laundry facilities, utility areas and facilities for parks and recreation.

Mobile home site: A lot or parcel of ground within a mobile home park, designated for the accommodation of not more than one (1) mobile home.

Mobile home subdivision: A subdivision in which mobile homes are parked for nontransient living or sleeping purposes and in which lots are set aside or offered for sale as mobile home sites in accordance with the county subdivision regulations, including any land, building, structure or facility used by occupants of mobile homes on such premises.

Model residential unit: A residential structure used for demonstration and sales purposes, not occupied as a dwelling unit, and open to the public for inspection.

Motor home: Includes the terms "motor coach" and "sport coach" and is any vehicular unit built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational camping or travel use.

Motor home: Includes the terms "motor coach" and "sport coach" and is any vehicular unit built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational camping or travel use. See "Recreational vehicle."

Multifamily: See "Dwelling unit, types-multiple family building."

Nightclub: A restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment are provided for customers as a part of the commercial enterprise.

Noncommercial boat docks: A boat dock or pier for which no compensation is made to utilize the dock or pier; for use only by the property owner and their guests.

Nonconforming lot: A lot conforming when created, which, because it was created prior to the adoption of zoning regulations in the county, on September 25, 1962, or which, because of a change in regulations subsequent to its creation, does not meet the minimum development standards or other requirements of these regulations for use as a building site for the zoning district in which such lot is located.

Nonconforming structure: Any structure lawfully in existence on the effective date of the ordinance from which this section derives or which, because of a change in regulations subsequent to its creation, does not conform to the regulations for the district in which it is located.

Nonconforming use of land: The use of any land other than a use specifically permitted in the district in which the lot or parcel is located, and which use was lawfully in existence prior to the effective date of the ordinance from which this section derives or any amendment thereto or to this chapter.

Nonconforming use of structure: The use of any structure other than a use specifically permitted in the district in which the structure is located, and which use was lawfully in existence prior to the effective date of the ordinance from which this section derives or any amendment thereto or to this chapter.

Nursery, plant: The use of land and buildings for the purpose of growing for sale or selling various ornamental plants, grasses, shrubs, flowers, and horticultural specialties, and including the sale of landscaping accessories such as statuary, fertilizer, tools and similar commodities as accessory to the propagation and growth of plants.

Nursing home: Any institutional-type operation designed to provide full-or part-time supervision and assistance to those persons not able to care for themselves, to include convalescent homes, homes for the aged, rest homes and similar facilities, but excluding homes for the mentally ill, hospitals, clinics and institutions devoted primarily to the diagnosis and treatment of the sick and injured.

Occupancy, change of: The discontinuance of use by a prior occupant, with or without a change in ownership, and the inception of the same or a different use by a new occupant. A change in the form of business organization of an occupant shall not be deemed a change of occupancy.

Office park: A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

Open space: That land area unencumbered by an impervious surface which may include waterways and vegetation areas.

Outparcel: A parcel divided from an original (parent) development tract, defined by metes and bounds or by a subdivision plat depicting it as an undivided tract, and intended for conveyance or conveyed to a party (developer), subsequent to the original developer or withheld by the developer for development separately from the majority of the original development tract.

Package plant: Small, self-contained sewage treatment facilities built to serve developed areas beyond the service area of sanitary sewers.

Package store: A place where alcoholic beverages are sold in containers for consumption off the premises. Package stores shall not include a place where only beer or wine or both are sold for consumption off the premises.

Pain management clinic: Any publicly or privately owned clinic, facility, or office, whatever its title, including, but not limited to, a "wellness center," "urgent care facility," or "detox center," which engages in pain management. This definition includes the following:

(1)

A pain management clinic must have at least one (1) of the following characteristics:

a.

It employs one (1) or more persons who, in a single day, issue more than twenty (20) prescriptions of a controlled substance for the treatment of pain, whether acute pain or chronic pain;

b.

It holds itself out through advertising as being in business to prescribe or dispense a controlled substance for the treatment of pain, whether acute pain or chronic pain;

c.

It holds itself out through advertising as being in business to provide services for the treatment of pain, wherein the services are accompanied with prescription of or dispensing of a controlled substance for the treatment of pain, whether acute pain or chronic pain; or

d.

It meets the definition of pain management clinic in F.S. section 458.3265, as may be amended from time to time.

(2)

A pain management clinic does not include any privately owned clinic, medical facility or office which has at least one (1) of the following characteristics:

a.

The majority of the physicians who provide services in the clinic, facility, or office primarily provide surgical services (excluding interventional pain management procedures that are invoiced or coded as surgical procedures);

b.

It is licensed as a facility pursuant to F.S. ch. 395 (hospitals, etc.);

c.

It is owned by a public held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceed fifty million dollars ($50,000,000.00);

d.

It is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

e.

It does not prescribe or dispense controlled substances for the treatment of pain, whether acute pain or chronic pain; or

f.

It is owned by a corporate entity exempt from federal taxation under 26 U.S.C. section 501(c)(3).

Parapet: The extrusion of the main walls or a building above the roof level. Parapet walls often are used to shield mechanical equipment and vents.

Parcel: A lot or tract of land.

Park, public: A tract of land owned by a governmental entity that is used by the public for active and passive recreation, and related events. Public park uses shall be subject to rules and regulations promulgated by the government entity which owns the public park.

Park, not-for profit: A park facility operated by a nonprofit organization (such as a homeowners or condominium association) which is open only to invitees of the not-for-profit park's owner. Commercially operated parks are not included in this definition.

Park trailer: See "Recreational vehicle."

Parking lot: An improved area of land used for the temporary parking of motor vehicles.

Parking space, off-street: A permanently designated space off the public right-of-way for the off-street parking or storage of vehicles.

Patio houses: Single-family dwellings on individual lots providing for a side yard or patio of greater than normal width on one side of the dwelling and no yard or a greatly reduced yard on the other, also known as zero lot line housing.

Pavement: Asphalt, concrete, paver block, turf block or brick placed on the surface of the land.

Personal services: A use in which a service is performed to or on a person, such as beauty parlors, shops or salons, barbershops, reducing or slenderizing studios, steam or turkish baths, poodle parlors or animal grooming shops.

Pervious surface: A surface which is not resistant to the infiltration of water.

Pharmacy: This term is defined by F.S. ch. 465. A pharmacy is considered a retail sales and service use.

Planned development: A zoning district wherein all uses and development standards are subject to an approval pursuant to the requirements of this chapter based on a unified plan of development.

Planning official: The director of the county planning department.

Plat: A map representing a tract of land, showing the boundaries and location of individual properties and streets. A map of a subdivision or site plan.

Premises: Any lot, parcel, plot or tract of land, together with any buildings or structures thereon.

Professional services: The conduct of business in any of the following or related categories: Law, architecture, planning, engineering, medicine, dentistry, osteopathy, chiropractic medicine, opticians or consulting in these or related fields; veterinarians with no outdoor kennels or runs; and similar professional activities.

Public dance hall: An establishment maintained solely for promiscuous and public dancing, the rules for admission to which are not based upon personal selection or invitation. This definition shall not include the establishments operating under alcoholic beverage commission license or establishments operated by bona fide nonprofit, educational, charitable or religious organizations.

Public gaming room: An establishment maintained for the purpose of providing the public, for a fee or other remuneration, with a place to engage in or play games of cards, keno, roulette, faro or other games of chance. This definition shall not include establishments maintained by bona fide nonprofit, charitable, educational or religious organizations.

Public hearing: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

Public park: Any park, playground, beach, parkway, or other recreation areas and open space, in which the county, state or federal government has an interest.

Public use: The use of any land, water or building by a public body or for a public service or purpose.

Recreation and entertainment: Any activity or use designed for the active or passive relaxation, enjoyment or leisure of participants or spectators.

Recreation center: Buildings or facilities owned or operated by a condominium or homeowners association, for a social or recreation purpose, but not for profit or to render a service which is customarily carried on as a business.

Recreational facilities: A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.

Recreational vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle; also includes the terms "travel trailer," "camping trailer," "truck camper," "motor home" and "park trailer" also know as "park model." As defined below, the basic entities are:

(1)

The "travel trailer," including fifth-wheel travel trailers, which is a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than eight and one-half (8½) feet and an overall body length of no more than forty (40) feet when factory-equipped for the road.

(2)

The "camping trailer," which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.

(3)

The "truck-camper," which is a truck equipped with a portable unit designed to be loaded unto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use.

(4)

The "motor home" includes the terms "motor coach" and "sport coach" and is any vehicular unit built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational camping or travel use.

(5)

The "park trailer," which is a transportable unit which has a body width not exceeding twelve (12) feet and which is built on a single chassis and is designed to provide seasonal and temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior walls at the level of maximum dimensions and including any bay window that extends to the floor line, does not exceed four hundred (400) square feet. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. For purposes of this chapter, the terms "park trailer," "park model" and "park model trailers" are synonymous.

Recreational vehicle park: A lot or parcel of land under single or common ownership or management upon which is operated a business engaged in providing for the parking of recreational vehicles to be used for temporary living quarters including the customary accessory uses such as the owner's and/or manager's living quarters, restrooms, laundry facilities, utility areas and facilities for parks and recreation.

Recycling: The recovery of useful materials from the waste stream and reintroduction of such materials into the production stream via a three-stage process consisting of 1.) the collecting and reclaiming of materials; 2.) processing of the reclaimed materials; and 3.) the manufacturing of products using reclaimed and processed materials.

Repair of structure: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

Residential hotel: See "Rooming and boarding house."

Restaurant: An establishment where meals or prepared foods, including nonalcoholic and alcoholic beverages and confections, are served to customers.

Retail sales and services: Those business activities customarily providing retail conveniences or goods, such as department stores, variety stores, drug and sundry stores, bakeries, restaurants, groceries and markets, gift shops, wearing apparel shops, home and auto supply hardware stores, furniture and stationary stores, shoe repair shops, radio and television sales and service shops, floor covering shops, sporting goods shops, florists, jewelers, music and piano sales and service, art shops, pawnshops, electrical and lighting fixture shops, pet shops and similar uses. For the purpose of this chapter, cocktail lounges and nightclubs are not included in the definition of "retail sales and services."

Right-of-way line: The line which bounds a right-of-way at its outermost edge. "Right-of-way line" is typically synonymous with "property line."

Road: Any public or private thoroughfare set aside for travel, excluding alleys, as defined in this section. the word "road" shall also include the words "streets," "avenue," "lane," "boulevard," "thoroughfare" and "highway" for such purposes.

Rooming and boarding house: A residential building used or intended to be used as a place where sleeping and housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants, which may maintain a public dining room in the same building, serving only residents and regular boarders by the week or month.

Sanitary landfill: A site for solid waste disposal.

Scale: The relationship between distances on a map and actual ground distance.

School: A public or private facility devoted to primary, secondary or advanced education.

Seawall: A wall or embankment that acts as a breakwater and is used to prevent erosion.

Servants' quarters: Dwelling units for domestic servants employed on the premises, either within the principal building or in an accessory building.

Setback: See "Yard, minimum."

Sexually oriented business means:

(1)

An adult arcade, adult bookstore/adult video store/adult novelty store, adult dancing establishment, adult photographic or modeling studio, adult theater, and establishments operated for commercial gain where an employee, operator, or owner exposes his or her specified anatomical areas for viewing by patrons, including massage establishments, whether or not licensed pursuant to chapter 480, Florida Statutes, tanning salons, and establishments whose primary business stock in trade is dependent upon the activities relating to specified sexual activities or specified anatomical areas.

(2)

Excluded from this definition are educational institutions where the exposure of specified anatomical areas is associated with a curriculum or program. For the purposes of this section, an educational institution means the site or premises upon which there is an institution of learning, whether public or private, which conducts regular classes, courses of study, or both, required for accreditation by or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term educational institution includes libraries, art galleries and museums open to the public.

(3)

An establishment that possesses a sexually oriented business license is presumed to be a sexually oriented business.

Shopping center: A grouping of consumer-oriented commercial establishments, planned and developed as a single structure or under a unified architectural theme, owned and managed as a unit; and providing a range of goods and services specific to a definable market area; and providing customer and employee parking off-street and on-site.

Shoreline: A straight or smoothly curved line which, on tidal waters, follows the general configuration of the mean high-water line; and which, on nontidal waters, is determined by the annual average waterline. Boat slips and other manmade or minor indentations shall be construed as lying landward of the shoreline and are considered upland when computing the lot area of waterfront property.

SIC code: A two-, three-or four-digit numeric code that identifies commercial or industrial activities and classifies firms according to standards set down in the Standard Industrial Classification Manual, 1972 (Washington: GPO 1972).

Sign: Any outdoor advertising display using letters, words, figures, pictures, designs or combinations thereof or symbols to attract the attention of the public to any place, subject, person, firm, corporation or any merchandise or service whatsoever.

Site plan: The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot, including: topography, vegetation, drainage, floodplains, waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, screening devices, and any other information that reasonable may be required in order that an informed decision can be made by the approving authority.

Slip: The waterway existing for the reception of one (1) boat for mooring.

Special exception, special approval and special use: A use that would not be permissible generally or without restriction throughout a zoning district, but which, if controlled as to number, area, location, relation to the neighborhood and to such other restrictions as may be deemed appropriate in each case, would not be detrimental to the public health, safety and welfare.

Specified anatomical areas means:

(1)

Less than completely or opaquely covered:

a.

Human genitals or pubic region;

b.

Cleavage of the nates of the human buttocks;

c.

That portion of the human female breast directly or laterally below a point immediately above the top of the areola; this definition shall include the entire lower portion of the human female breast, but shall not include the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(2)

Human genitals in a discernible turgid state, even if completely and opaquely covered.

(3)

Any covering, tape, pastie, latex spray or paint or other device which simulates or otherwise gives the appearance of the display or exposure of any of the specified anatomical areas listed in subsections (1) and (2) of this definition.

Specified sexual activity means:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

Sexual conduct as defined in chapter 847, Florida Statutes;

(3)

Sexual battery as defined in chapter 847, Florida Statutes.

Storage: The safekeeping of any goods, wares, products or other commodities for later use or disposal. This term shall not include animals, nor shall it apply to customary and usual activities accessory to agricultural or residential dwellings.

Storage, dead: The storage of goods, wares, products or other commodities, with no sales, conferences, or other human activity other than the placement, removal and/or sorting of stored items.

Story: That portion of a building included between the upper surface of a floor or average grade, finished, open or enclosed, and the upper surface of the floor or roof next above and having a minimum ceiling height of seven (7) feet or more.

Structure: Any construction or any production or piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes "building," as well as other things constructed or erected on the ground, attached to something having location on the ground or requiring construction or erection on the ground.] ^[3]

Towers, communication: Any structure fifty (50) feet or greater in height, erected and so designed to receive or transmit electronic waves, such as telephone, television, radio or microwave transmissions.

Townhouse: See "Dwelling unit, types."

Transient: A person present in the county but having no fixed place of residence therein.

Travel trailer: See "Recreational vehicle."

Truck camper: See "Recreational vehicle."

Truck stop: An establishment where the principal use is the refueling and servicing of trucks and tractor-trailer rigs. Such establishments may have restaurants or snack bars and sleeping accommodations for the drivers of such over-the-road equipment and may provide facilities for the repair and maintenance of such equipment.

Undue hardship: An exceptional hardship which cannot reasonably be corrected or avoided by the applicant. Self-created problems are not undue hardship nor are common difficulties shared by all other property owners in an area.

Unified control: The unrestricted right of any owner or agent or enforce whatever conditions are set on the use and development of a parcel of land through the provisions of these regulations, by binding his heirs, assigns or other successors in title with covenants or restrictions on the development and subsequent use of the property.

Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Use, accessory. A use of a structure or premises which is customarily incidental and subordinate to the principal use of the structure or premises. (see "Use, principal").

Use, mixed: The development of land or building or structure with two (2) or more different but compatible uses, such as but not limited to residential, office, industrial and technological, retail, commercial, public, entertainment, or recreation, in a compact urban form.

Use permitted by right: A use or uses which, by their very nature, are allowed within the specific zoning district provided all applicable regulations of the county are met. "Permitted uses" includes the principal use of the land or structure as well as accessory uses unless specifically stated to the contrary.

Use, principal: The primary purpose for which land or a structure or building is used.

Use, temporary: A use or activity which is permitted only for a limited time, and subject to specific regulations and permitted procedures.

Used or occupied: Includes "intended," "designed" or "arranged to be used or occupied."

Variance: A relaxation of the terms of the zoning regulations with regard to dimensional requirements including but not limited to the height, area or size of structures or size of yards, buffers and open spaces.

Warehouse: A building used primarily for the storage of goods and materials, operated primarily for a specific commercial establishment or group of establishments in a particular industry or economic field, not generally accessible to the public.

Warehouse, mini: See "mini-warehouse."

Waterfront: Property which physically abuts any body of water, including creeks, canals, rivers, lakes or any other body of water, natural or artificial.

Wholesale trade: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. (Note: Lumber, plywood and millwork yards such as building materials establishments are generally classified as wholesale unless the primary operation is directly to the general public as opposed to builders. In such case, they are classified as retail operations).

Yard, front: The lot line of a lot abutting a public street shall be deemed the front lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage.

Yard, minimum: The minimum horizontal distance between the street, rear or side lot lines and the front, rear or side lines of the building; when two (2) or more lots under one (1) ownership are used for a single permitted principal use, the exterior property lines of the lots so grouped shall be used in determining setbacks. In determining setback requirements for all residential districts, roof overhangs, chimneys, awnings, air conditioner apparatus, balcony projections, open stairways, canopies, pilasters, decoration, etc., projection three (3) feet or less into required yards shall not constitute the building line. Buildings of two (2) stories or more, where permitted, may be "stepped" provided that the setback for each story of the building meets the minimum setback required for its height as specified in the lot and building requirements of the zoning district in which the building is located.

Yard, rear: That yard most nearly opposite the front yard as defined in this section, except that corner lots shall be considered to have only front and side yards.

Yard, side: Any yard other than a front yard or rear yard.

Zoning: The dividing of the county into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

Zoning district: An area assigned a specified classification of uses and structures pursuant to this chapter.

Zoning official: The person duly authorized by the board of county commissioners and delegated the responsibility for the administration and enforcement of the county's zoning regulations.

(Minutes of 12-8-81, § 13; Res. No. 85-286, § 1, 10-15-85; Res. No. 85-315, § 1, 11-19-85; Res. No. 87-78, § 3, 5-19-87; Res. No. 87-254, §§ 13, 14, 10-20-87; Ord. No. 88-40, § 1, 10-25-88; Ord. No. 89-51, § 1, 6-22-89; Ord. No. 91-55, § 1, 10-1-91; Ord. No. 92-05, § 1, 1-28-92; Ord. No. 92-37, § 1, 6-2-92; Ord. No. 94-53, §§ 1, 2, 11-3-94; Ord. No. 99-037, §§ 1, 2, 7-10-99; Ord. No. 2002-010, § 5, 3-26-02; Ord. No. 2003-061, § 1, 8-26-03; Ord. No. 2011-030, § 1, 7-26-11; Ord. No. 2011-030, § 1, 7-26-11; Ord. No. 2017-053, § 1(Exh. A), 11-28-17; Ord. No. 2023-016, § 1(Exh. A), 3-28-23)

Whenever violations of this chapter are observed by or reported to the zoning official, he shall promptly investigate. If such violation exists, the zoning official shall immediately notify the offending party in writing or by posting a violation or if construction, shall post a stop-work order at the site in violation. If written notification fails to result in compliance within a reasonable time, the zoning official shall request legal counsel to take appropriate action.

(Ord. No. 89-49, § 1, 6-22-89)

The regulations in this chapter shall be effective within the unincorporated area of the county and are enacted to promote the health, safety, morals and general welfare of the people, and to regulate the height and size of buildings and structures and the use of land for commercial, industrial, residential and other uses, and to properly implement the comprehensive plan.

(Minutes of 12-8-81, § 2)

(a)

Administration.

(1)

Planning and zoning board. The planning and zoning board shall consist of a total of six (6) members. Five (5) members of the planning and zoning board shall be voting members, consisting of one (1) qualified voter from each county commissioner's district. One (1) member of the planning and zoning board shall be a nonvoting member nominated by the School Board of Charlotte County whose duties shall be to attend any of those meetings of the planning and zoning board when, while acting in its capacity as the local planning agency, the planning and zoning board hears an application for a comprehensive plan amendment or rezoning which, if approved, would increase residential density on the subject property. All appointments to the planning and zoning board shall be made by the board of county commissioners. Members shall serve for four (4) years from the date of appointment but shall be subject to removal at any time by majority vote of the board of county commissioners (BCC). The filling of any vacancy occurring in any office shall be for only the remainder of that term. The manner of appointment, or removal and filling of board vacancies shall be by majority vote of the BCC. One (1) member of the planning and zoning board actively serves on the affordable housing advisory committee per section 1-8-64. Creation of the affordable housing advisory committee.

Members of the planning and zoning board shall receive no salaries or other compensation for their services as members, but they shall be entitled to reimbursement of necessary expenses incurred in the performance of their duties.

The planning and zoning board shall elect from its membership a chairman and a vice chairman and such other officers as the board may deem necessary or proper. Officers of the planning and zoning board shall serve for one (1) year, but shall be eligible for reelection.

(2)

Procedure. The BCC may adopt rules of procedure for the transaction of business by the planning and zoning board. The planning and zoning board shall maintain a public record of all transactions and hearings. The planning and zoning board shall hold regular meetings at least once each calendar month.

(3)

Planning. In addition to any other duties granted to it, the planning and zoning board shall act as the county's local planning agency, as that term is defined in F.S. § 163.3174. The planning and zoning board shall acquire and maintain such information and material as shall be necessary for an understanding and evaluation of past trends, present conditions and probable future developments and trends within the county. It shall advise and inform the board of county commissioners and the general public in all matters relating to zoning, planning and future development. It shall conduct such public hearings and make such investigations as may be required in the performance of its duties. Amendments and alterations in the zoning regulations and district boundaries may be proposed by the board of county commissioners, by the planning and zoning board, by the local planning agency as that term is defined by general law or by a petition of the owners of the lands to be affected by the proposed amendments or regulations. Upon due notice and hearing, the planning and zoning board shall submit its recommendations to the BCC regarding the proposed amendment, which recommendation shall be acted upon as provided by law.

State Law reference— Local planning agency, F.S. § 163.3174.

(4)

Zoning. The zoning official or his duly authorized representative shall be the executive officer in charge of the administration and enforcement of all zoning regulations established within the unincorporated areas of the county. The zoning official shall be appointed by and hold office at the pleasure of the board of county commissioners. The zoning official shall:

a.

Attend all meetings of the planning and zoning board and the board of zoning appeals;

b.

Administer and enforce this chapter;

c.

Receive and review all plans and specifications for proposed structures to ensure compliance with zoning regulations, and cause to be made periodic inspections of structures under construction to ensure compliance with approved plans and specifications;

d.

Receive petitions for requests for special exceptions, petitions for variances and appeals from administrative rulings on zoning matters;

e.

Issue public notices as required by the board of zoning appeals and the board of county commissioners;

f.

Receive fees for permits, prepare budgets for operations of the zoning department, and to recommend the hiring of the personnel necessary for the expeditious performance of the duties assigned to this office, subject to approval by the board of county commissioners; and

g.

Perform such other duties as may be established by the BCC.

(b)

Application. It shall be unlawful for any person to construct, alter, move, add onto, remove or demolish any building or structure on land or water, without first making application for a permit to the zoning official in such form as he may require and obtaining the proper permit. No existing use, new use or change of use in land or water of any building or structure or any part thereof shall be made except in conformance with this chapter.

(c)

Building permits. In addition to other requirements of this chapter or other regulations, an application for a building permit shall contain each of the following:

(1)

Prints or drawings of an appropriate scale of the structures to be built;

(2)

Site plan requirements:

a.

For any development which will increase the footprint or square footage of the structure, or which will require additional parking, a signed and sealed site plan, to scale, showing the location of the structure and all appurtenances thereto on the property; distances to the property lines, bodies of water, or other buildings or structures; and off-street parking spaces showing access and maneuvering space.

b.

For any development which will not increase the footprint or square footage of the structure, a site plan, to scale, showing the location of the structure and all appurtenances thereto on the property; distances to the property lines, bodies of water, or other buildings or structures; and off-street parking spaces showing access and maneuvering space.

(3)

A signed and sealed survey showing all recorded easements and the apparent mean high-water line shall be submitted with applications for new construction;

(4)

Where the existing or to be constructed building will be devoted to more than one (1) use, such plans shall show the percentage and areas of each use with the details thereof;

(5)

A legal description of the lot upon which such structures are to be constructed; and

(6)

A plan for screening of commercial and/or industrial property.

The application shall be made by the owner or his authorized agent. No building permit shall be issued without certification by the zoning official that the plans submitted conform to this chapter. It shall be the duty of the zoning official, upon receiving applications for permits, to examine the same within a reasonable period of time after filing, not to exceed thirty (30) days. If the zoning official finds that the proposed work will be in compliance with this chapter, he shall approve the application. If he finds that the proposed work is not in compliance with the regulations herein, he shall reject such application, noting his findings in a report to be attached to the application and delivering a copy to the applicant.

(d)

Certificate of occupancy.

(1)

Generally. The zoning official shall approve the issuance of a certificate of occupancy after he has determined that the building has been constructed and screening installed in accordance with the provisions of the permit and that such building is designed, arranged and appears to be intended for use as specified in the building permit. No building shall be occupied or used until such permit is approved by the zoning official.

(2)

Change of principal use. Whenever the principal use of an existing structure is to be changed, the owner, agent, lessee or intended occupant thereof shall apply to the zoning official for issuance of a new certificate of occupancy, stating that the new use is approved within the district wherein it is located. A new certificate of occupancy shall only be approved by the zoning official when the new use conforms to this chapter.

(e)

Authority to revoke permit. The county commission may revoke any permit issued where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit was based or any permit issued in contravention of law.

(f)

Fees. The BCC shall by resolution fix reasonable recording, hearing and permit fees to be charged by the zoning official.

(Minutes of 12-8-81, § 9; Res. No. 83-07, § 1(9.5.1—9.5.6), 2-8-83; Res. No. 85-112, § 3, 6-18-85; Ord. No. 89-49, § 2, 6-22-89; Ord. No. 2003-076, §§ 1, 2, 11-25-03; Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

The zoning official, members of county staff, contractors and agents acting under proper county authority, may enter upon land to make examinations and surveys as are necessary for the performance of their duties under these regulations.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

No public agencies shall be responsible for enforcing deed restrictions or restrictive covenants.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

In all districts, yards shall be as established by the applicable district regulations except as follows:

(1)

When lots comprising forty (40) percent or more of the frontage on one (1) side of a street between intersecting streets have been developed with the principal buildings having an average front yard with a variance of not more than six (6) feet from the required front yard, the zoning official may approve the issuance of a building permit to provide for a front yard of not less than the average established.

(2)

Where single-family residential lots of record are nonconforming because of width, the minimum side yards shall not be less than ten (10) percent of the lot width, provided that no side yard shall be less than five (5) feet wide.

(3)

If a multifamily, commercial or industrial district abuts a single-family district, no structure shall be erected closer to the abutting single-family zoned property than twenty-five (25) feet or the building height, whichever is greater.

(4)

Every part of required yards shall be open and unobstructed, subject to the following:

a.

Sills and belt courses may project not over twelve (12) inches into a required yard.

b.

Movable awnings may project not over three (3) feet into a required yard, provided that where the yard is less than five (5) feet in width the projection shall not exceed one-half (½) the width of the yard.

c.

Window- or wall-mounted air conditioning units, chimneys, fireplaces, bay windows or pilasters may project not over three (3) feet into a required yard.

d.

Fire escapes, stairways and balconies which are unroofed and unenclosed may not project more than five (5) feet in a required yard.

e.

Hoods, cornices, gutters, roof overhangs, air conditioning units and marquees may project not more than five (5) feet into a required yard, but in no event closer than one (1) foot to the lot line.

f.

Fences, walls and hedges are permitted in required yards, subject to the provisions of section 3-9-72 on fences and walls, and section 3-9-89, visibility at road intersections.

g.

Except as provided by section 3-9-89, visibility at road intersections, nothing in these regulations shall be construed to prohibit landscaping or gardening on any lot.

h.

No structures other than those approved by the county engineer may be located in or project into a drainage easement of record.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

(a)

General purpose. The purpose and intent of this section is to provide an expedited permitting process for the construction of affordable housing in accordance with the Charlotte County Affordable Housing Incentive Plan, adopted March 29, 1994, pursuant to the State Housing Initiatives Partnership (SHIP) program, F.S. § 420.9072. The expedited permitting process for affordable housing development ("AHD") contains incentives available to developers of a certified AHD. A review process for the approval of AHDs is included in this section, as well as appropriate references to other county ordinances or regulations affecting the development of AHDs. The review committee for the expedited permitting process will be composed of representatives from the community development department, public works, fire rescue/EMS, fire prevention, Charlotte County Utilities, and any other department(s) designated by the county administrator. (Reference to the county administrator throughout this section shall be construed to include his/her designee(s)).

(b)

Authorization of affordable housing developments (AHDs). The county administrator is authorized to certify that an application is, or qualifies as, an affordable housing development (AHD) when a developer commits to make at least twenty-five (25) percent of the units (or one (1) unit, in the case of a single unit development) to be constructed or rehabilitated affordable and available to low or very low income persons as provided in Ordinance No. 93-07.

(c)

Rapid response processing. The county administrator shall serve as the ombudsman between the applicant and the Charlotte County review agencies. The ombudsman shall coordinate an expedited review process that gives AHDs priority in the review of zoning and building permit applications.

(1)

The ombudsman shall assist the developer of an AHD and the development team in the permit requirements for county AHD applications. AHD proposals that exceed the thresholds of site plan review process outlined in section 3-9-7. The site plan review shall schedule a meeting to review AHD applications within one (1) week of the receipt of a complete application. AHD projects that require action by the board of zoning appeals shall be placed on the agenda of the next regularly scheduled meeting, unless the applicant requests a delay.

(2)

A certified AHD application that does not require either the site plan review or board of zoning appeals approval shall be expedited through the Charlotte County Building Department review process. All Charlotte County review agencies shall give priority review to all AHD applications, reporting items that may result in delay of approval to the ombudsman. The ombudsman shall review any item that may result in a delay with the applicant within twenty-four (24) hours of the action necessary to facilitate application approval.

(3)

Any proposed amendment, deviation, or change to an AHD application that has been approved by the site plan review shall be reviewed by the zoning official to determine whether the proposed change constitutes a minor or major modification to the approved AHD site plan. The ombudsman is responsible to provide any proposed revision to an approved AHD site plan with the same expedited processing given to the original application for permit approval.

(d)

Review of regulations and procedures that affect housing cost. Any and all changes in code, procedure or process that affect the cost of housing shall be reviewed by the Charlotte County Affordable Housing Advisory Committee. No such changes shall be considered for approval by the Charlotte County Board of County Commissioners, or any person or agency delegated with authority to act on its behalf, unless it has been considered by the affordable housing advisory committee at a public meeting. The Charlotte County Affordable Housing Advisory Committee shall make nonbinding recommendations of any proposed changes in code, procedure or process that affect the cost of housing to the Charlotte County Board of County Commissioners.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

Height limitations contained in article II, district regulations, and section 3-9-88, waterfront property, do not apply to elevator shafts, spires, belfries, cupolas, flagpoles, antennas, water tanks, ventilators, chimneys, feed storage structures and other appurtenances usually located above roof level and not intended for human occupancy, nor to fire towers or airport control towers. The height of such structures shall not exceed limitations prescribed by the Federal Aviation Administration (FAA) or section 3-9-63, air hazard zones.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

This chapter shall be construed and applied with regard to the use of property and without regard to the form of ownership.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

No structure shall be moved from one (1) lot to another lot or moved to another location on the same lot unless such structure shall thereafter conform to this chapter and all other applicable regulations.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

No permit shall be issued for the erection of a building on a parcel of land or lot which does not abut a public or private road right-of-way for at least fifty (50) feet, except that a minimum road abutment of twenty (20) feet shall apply to properties, including flag lots, if there is sufficient building envelope within the property to meet all minimum building setbacks and lot area requirements.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)

(a)

Creation and appointment of the board of zoning appeals. As part of the zoning organization and implementation of the land development regulations, the board of county commissioners, also referred to as the BCC, has created a board of zoning appeals, also referred to as the BZA. The BZA shall have five (5) members, appointed by the BCC, one (1) of whom shall be appointed from each of the five (5) county commission districts. No member of the BZA shall be an elected official of Charlotte County. No less than one (1), nor more than two (2), member(s) of the BZA shall also be a member of the planning and zoning board. To provide for BZA continuity of membership through staggered terms, the terms of members appointed from commission districts 1, 3, and 5 shall expire on the fourth Tuesday of November, 2016. Members appointed from commission districts 2 and 4 shall be deemed to have been appointed to terms expiring on the fourth Tuesday of November, 2014. Thereafter, all terms shall run for a term of four (4) years, and the filling of any vacancy occurring in any office shall be for only the remainder of that term. The manner of appointment, or removal and filling of board vacancies shall be by majority vote of the BCC.

(b)

Organization. The BZA shall elect from its membership a chair, vice-chair, and secretary, who shall serve a term of one (1) year and shall be eligible to succeed themselves. The BCC has adopted rules of procedure for the transaction of the business of the BZA and the zoning official shall maintain a record of all its resolutions, transactions and decisions on all matters. All transactions and decisions shall be a public record and available for public inspection.

(c)

Procedures. The chair, or in their absence, the vice-chair or secretary, shall chair meetings, and compel the attendance of witnesses. All testimony given shall be under oath. All decisions regarding appeals, the issuance of a special exception or variance by the BZA shall be quasi-judicial in nature. All meetings of the BZA shall be open to the public. The zoning official shall keep minutes of BZA meetings, showing the vote of each member on each question, and indicating, also, the absence of any member, or legal abstention from voting. The results of all of the official actions of the BZA shall become a public record in the office of the zoning official.

(d)

Education and travel expenses. Members of the BZA shall receive no salaries or other compensation for their services as such members. However; if they choose, members of the BZA may be reimbursed for expenses, including but not limited to training, education, and mileage driven, according to county policy.

(e)

Expenses and fees.

(1)

The cost and expenses of operation of the BZA shall be budgeted and paid in the same manner as provided for the planning and zoning board and shall be a part of the budget adopted for such board.

(2)

The BCC is authorized, empowered, and directed to establish by resolution a schedule of reasonable fees to be charged by the BZA and all such sums received shall be deposited in the general fund of Charlotte County.

(f)

Authority. The BZA is designated by the BCC to hear, and have final authority on, the following applications.

(1)

Hear and decide administrative appeals when it is asserted there is an error in any order, requirement, decision, or determination made by the zoning official in the administration, enforcement, or interpretation of this Code.

(2)

Special exception uses under this Code, subject to reasonable safeguards, in particular circumstances.

(3)

Grant time extensions and variances from the dimensional requirements of these land development regulations shall not be contrary to the public interest where, in specific cases and owing to special circumstances, a literal enforcement of the provisions of the regulations will result in unnecessary and undue hardship.

(4)

The BZA shall not issue or grant variances or special exceptions which will permit a land use in a zone or district in which such use is forbidden by the land development regulations.

(g)

Decisions of the BZA. All decisions of the BZA shall require an affirmative vote of the majority of board members present and voting on the matter, unless stated otherwise in this Code. Tie votes shall not carry the motion made. As soon as possible after the BZA has made their decision the zoning official shall mail a decision letter to the applicant documenting the decision of the BZA including their reasons for a denial or any conditions adopted as conditions of approval. The zoning official shall also create a notice of approval, which shall be recorded in the office of the clerk of the circuit court and made a part of the official records of Charlotte County.

(h)

Appeal to circuit court or county commission.

(1)

Any person or persons, corporation, or other entity aggrieved by any decision of the BZA may, within thirty (30) calendar days after such decision has been documented by the zoning official in a decision letter, but not thereafter, apply to the circuit court of the county for appropriate relief. There shall be no right to apply to the circuit court for relief on account of any order, requirement, decision, determination or action of the zoning official unless there shall first have been an appeal to the BZA. It is the intention of the BCC that all administrative steps provided in this Code with regard to appeal and review shall be taken before any application may be made to the courts for relief with respect to matters or things appealable and reviewable hereunder.

(Ord. No. 2014-043, § 1(Exh. A), 11-25-14; Ord. No. 2018-012, § 1(Exh. A), 3-27-18)

Editor's note— Ord. No. 2014-043, § 1(Exh. A), adopted Nov. 25, 2014, amended § 3-9-6 in its entirety to read as herein set out. Former § 3-9-6, pertained to board of zoning appeals; powers and duties; procedure, and derived from Minutes of Dec. 8, 1981, § 10; Res. No. 85-112, § 1, adopted June 18, 1985; Res. No. 87-256, § 4, adopted Oct. 20, 1987; Ord. No. 87-257, §§ 2, 3, adopted Oct. 20, 1987; Ord. No. 88-39, § 1, adopted Oct. 25, 1988; Ord. No. 89-50, § 1, adopted June 22, 1989; Ord. No. 90-16, § 1, adopted March 27, 1990; Ord. No. 94-52, § 1, adopted Nov. 3, 1994.

(a)

Appeals of denial by zoning official to the BZA. The BZA may, upon proper application, public notice and public hearing reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by the zoning official in the administration, enforcement or interpretation of any of these land development regulations. The BZA may make such order, requirement, decision or determination as shall be proper in the circumstances, and for such purpose shall have all the powers of the officer from whom the appeal was taken.

(b)

Application. An appeal to the BZA following a denial from the zoning official shall be in writing on forms provided by the community development department, and shall be filed with the community development department within thirty (30) calendar days after the date on the decision letter notifying the applicant of the administrative decision or determination by the zoning official. The appeal shall be submitted with the applicable fee, accompanied by all documents, plans and other papers constituting the record, and specify the grounds for the appeal.

(c)

Action by county staff. Upon receipt of a written appeal, the zoning official shall determine the date, time and place of the public hearing, and shall give published notice as well as written mailed notice by first class mail to all substantially interested parties at least fifteen (15) calendar days prior to the date of the public hearing. The zoning official shall transmit to the BZA all documents, plans and other papers or other records upon which the decision appealed from is based. At the public hearing of an administrative appeal the zoning official shall present the facts of the case and explain the decision made, after which any person may appear and be heard under oath. The final action by the BZA shall be documented by the zoning official in a decision letter to the applicant, copies of which shall be kept on file. The zoning official shall also create a notice of approval, which shall be recorded in the office of the clerk of the circuit court and made a part of the official records of Charlotte County. A copy of the recorded notice of approval shall also be mailed to the applicant.

(d)

Action by applicant. The applicant shall appear at the public hearing in person, or by agent or attorney, to testify under oath before the BZA, present their case for the appeal, and answer questions asked of them.

(e)

Considerations for appeals. In reaching its decision, the BZA shall consider the following criteria as well as any other issues which are pertinent and reasonable.

(1)

Whether or not the appeal is of a nature properly brought to them for a decision, or whether or not there is an established procedure for handling the request other than through the appeal process (i.e., a variance or special exception, etc.).

(2)

The intent of the regulation in question.

(3)

The effect the ruling will have when applied generally to the intent of the land development regulations.

(4)

Staff recommendations, the testimony of the appellant, and testimony of substantially interested parties shall also be considered.

(Ord. No. 2014-043, § 1(Exh. A), 11-25-14)

(a)

Intent and purpose. A special exception is permission for a use that would not be permissible generally, or without restriction, throughout a zoning district but which, if controlled as to area, location, relation to the neighborhood and other such restrictions, as may be deemed appropriate in each case, would be compatible with surrounding land uses and found to be consistent with the comprehensive plan for Charlotte County.

(b)

Applicability. Special exceptions are established to allow for the approval of specific uses in addition to the permitted uses in each zoning district. Uses eligible for a special exception shall be limited to:

(1)

The uses listed as special exceptions in each zoning district.

(2)

Adaptive reuse of an historic structure.

(c)

Initiation. An application for a special exception may be initiated by anyone with a legal interest in the property; however, an applicant who is not the owner of subject property, shall be required to present evidence of legal authority from the owner to submit an application.

(d)

Application requirements. Unless waived by the zoning official, a preapplication conference must take place with the zoning official at least five (5) working days prior to submitting an application. Applications for special exceptions shall be submitted on forms obtained from and filed with the zoning official. All applications shall be accompanied by additional documentation as specified in this Code or required by the zoning official and the applicable fee. The zoning official shall review the application for sufficiency, which includes completeness of the application. If additional data is required, the zoning official shall, within ten (10) working days after receipt of the application, document in writing to the applicant what specifically is required. Failure of the applicant to submit information required by the zoning official and to make the application complete or sufficient within thirty (30) calendar days of the written request shall be considered a withdrawal and the application fee shall be refunded less the administrative fee. Special exception applications shall include but not be limited to the following, as determined by the zoning official.

(1)

A concept plan at an appropriate scale showing the existing and proposed placement of structures on the property, provisions for ingress and egress, off-street parking and loading areas, refuse and service areas and required yards and other spaces.

(2)

Plans showing proposed locations for utilities hookups.

(3)

Plans for screening, landscaping, and buffers, with references to type, dimensions, and character.

(4)

Proposed signs and lighting, including type, dimension and character.

(5)

A Legal description of the entire property encompassing the special exception.

(6)

A narrative description of the total project in sufficient detail to provide an understanding of the nature of the development proposal and a statement describing how the requested special exception meets the approval criteria for special exceptions as set forth in this Code.

(e)

Notice of public hearing. The county shall provide notice of the public hearing to be held before the BZA in accordance with the following provisions.

(1)

Published notice. The zoning official shall review the application for sufficiency, which includes completeness of the application and consistency with the comprehensive plan, Code of Ordinances, and the land development regulations. Upon the receipt of a complete and valid application for a special exception, the zoning official shall establish a date, time and place for the public hearing before the BZA. Published notice shall be given at least fifteen (15) calendar days prior to the date of any public hearing by publication in a newspaper of general circulation in the county. The published notice shall contain a description of the proposed use; address and legal description of subject property; the date, time, and place of the public hearing or hearings, whichever is applicable; and shall invite all interested persons to appear and be heard. Failure to comply strictly with published notice requirements shall not invalidate the proceedings.

(2)

Mailed notice. The owners of property located within one thousand (1,000) feet of the subject property shall be mailed notice of the proposed special exception at least fifteen (15) calendar days prior to the initial public hearing on the special exception before the BZA. The mailed notice shall contain a description of the proposed use; address and legal description of subject property; the date, time and place of the public hearing or hearings, whichever is applicable; a phone number to contact the county for more information; and shall also invite all interested persons to appear and be heard. Notice by mail shall be addressed to the property owner at the address shown on the latest available Charlotte County Property Appraiser Real Property Records. Such notice shall be considered effective when placed in the United States mail, postage paid. Failure to comply strictly with mailed notice requirements shall not invalidate the proceedings.

(3)

Posted notice. A sign shall be posted conspicuously on the subject property, which shall contain a description of the proposed use, date, time and place of the public hearing; and a phone number to contact the county for more information. The sign shall be placed on the property at least fifteen (15) calendar days prior to the initial public hearing on the special exception before the BZA. Failure to comply strictly with posted notice requirements shall not invalidate the proceedings.

(f)

Action by county staff. The zoning official shall review the application for sufficiency, which includes completeness of the application and consistency with the comprehensive plan, Code of Ordinances, and the land development regulations. Should an application not be complete or sufficient or an error in the application be discovered, the zoning official shall have the discretion to require the applicant to reapply or submit revised or additional information. Upon finding the application to be correct and complete, it shall be scheduled for a public hearing before the next available BZA meeting. The zoning official may require that site plans associated with special exceptions be reviewed and comments provided to staff during the special exception process, although no site plan approval shall be implied by this review. The zoning official shall investigate the conditions pertaining to a particular request and submit a report to the BZA, providing the facts involved and making a recommendation based on the application submitted, the facts known prior to the public hearing, and this Code. The final action by the BZA shall be documented by the zoning official in a decision letter to the applicant, copies of which shall be kept on file. The zoning official shall also create a notice of approval, which shall be recorded in the office of the clerk of the circuit court and made a part of the official records of Charlotte County. The original recorded notice of approval shall be kept on file and a copy mailed to the applicant.

(g)

Action by applicant. The applicant, agent or attorney shall appear at the public hearing or hearings in person, to testify under oath before the BZA members, present their case for the application, and answer questions asked of them. The applicant may also initiate any of the following actions.

(1)

Withdrawal of application. An applicant or legally appointed representative may request that their application be withdrawn at any time. A request to withdraw an application shall be in writing to the zoning official unless the applicant makes their request on the record at the scheduled public hearing of the BZA. A written request shall be signed by all persons who signed the application, or by a legally appointed representative. The zoning official may authorize a refund of all or part of the application fee if an application is withdrawn more than fifteen (15) calendar days prior to the scheduled public hearing. If a request to withdraw an application is made less than fifteen (15) calendar days prior to the scheduled public hearing then no part of the application fee shall be refunded.

(2)

Postponement of scheduled public hearing. If an applicant desires to postpone a scheduled public hearing they may request that the scheduled public hearing be postponed to any one (1) of the next four (4) available public hearings. A request to postpone the scheduled public hearing must be in writing and must be received by the zoning official at least fifteen (15) calendar days prior to the scheduled public hearing. The request shall be signed by all persons who signed the application, or by a legally appointed representative. The zoning official shall then remove the application from the agenda and mail a notice, at least seven (7) calendar days prior to the scheduled public hearing, to the surrounding property owners who were mailed a notice of the original public hearing, notifying them that the application will not be heard at the originally scheduled public hearing but will be heard on the date and time of the requested public hearing. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(3)

Request for continuance from the zoning official or BZA. If an applicant desires to continue a public hearing less than fifteen (15) calendar days before the scheduled meeting, they must make such a request in writing to the zoning official prior to the public hearing, or to the BZA, at the public hearing. The zoning official may, one (1) time per application, based on extraordinary circumstances, grant a continuance to any one (1) of the next four (4) available public hearings. Other than the one time grant of continuance by the zoning official. Extraordinary circumstances shall include, but not be limited to, sudden illness or medical condition, death, or discovery of a late objector with their consent. All requests to continue the public hearing may be granted or denied only by the BZA. The BZA may hold a portion of the public hearing to give those who are present a chance to testify and then continue any action on the matter. If the BZA determines that a continuance is appropriate they may continue action on any application to a date certain at one (1) of their next scheduled public hearings. If directed to do so by the BZA, as soon as practicable thereafter the zoning official shall mail a notice to the surrounding property owners notifying them that the application has been continued and will be heard on the date and time of the next scheduled public hearing. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(h)

Action by the BZA. The BZA shall hold a public hearing to obtain public input on the proposed special exception. Following the public hearing, the BZA may approve, approve with conditions, or deny the proposed special exception.

(1)

Should the BZA deny a special exception, the reasons for denial shall be stated and put in writing for the record. Such reasons shall be based on the approval criteria for special exceptions stated in this Code as they may be applicable to the denial.

(2)

Should the BZA approve a special exception, the BZA may impose reasonable conditions in order to protect the interest of the public health, safety, and general welfare, and prevent or minimize adverse effects on other property in the surrounding neighborhood. Any request for a modification of any BZA condition of approval for a special exception shall be processed as if it is a modification of a special exception.

(3)

Continuance of BZA action. If the BZA determines that a continuance is appropriate, they may continue action on any application. If the BZA continues their action on any application to a date certain and directs the zoning official to mail notice of the continuance, then as soon thereafter the zoning official shall mail a notice to the surrounding property owners notifying them that the application has been continued and will be acted on again at the date and time of the next schedule public hearing and no additional noticing shall be required. If the BZA continues their action on any application without setting a date certain then the zoning official shall publish, mail, and post a notice for the next meeting at which the application will be acted upon according to the regular noticing requirements of this Code. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(i)

Approval criteria for special exceptions. In addition to the standard approval criteria for developments and uses permitted by this Code, a special exception shall be granted by the BZA only if all of the following approval criteria are satisfied.

(1)

The proposed special exception is consistent with the comprehensive plan.

(2)

The proposed special exception is compatible with existing and permitted uses surrounding the land on which the proposed special exception would exist.

(3)

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare.

(j)

Effect of special exception approval. Should the BZA approve a special exception the use may be initiated and continued only if all of the development standards of Code and additional conditions imposed by the BZA are maintained and complied with. An approved special exception use shall be considered permanent; however, a special exception use may expire, be revoked, or no longer be an authorized use if any [of] the following circumstances are found to exist.

(1)

Approval of a special exception, with or without conditions, shall be considered permanent to the extent that it may only be revoked following the procedure for a new special exception. Only the BZA may direct the zoning official to initiate an application to revoke an existing special exception.

(2)

An approved special exception may have a time limit in the BZA conditions of approval for the special exception use. In which case, the special exception shall become void and the use shall be terminated and discontinued at the end of the time specified in the BZA condition, unless a time extension is granted by the BZA.

(3)

Any violation of the conditions and safeguards that may be imposed on any special exception by the BZA, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Code.

(k)

Modifications. Minor alterations or modifications of any approved special exception may be approved by the zoning official. Any expansion or major alteration or modification of any approved special exception must be approved by the BZA as if it is a new application. It shall be the duty of the zoning official to determine which modifications are classified as major or minor.

(l)

Time between similar applications. Whenever the BZA has denied an application for a special exception, the BZA shall not thereafter consider an identical application for a special exception concerning all or any part of the same property for a period of six (6) months from the date of such action, except that this requirement may be waived by the positive votes of a majority of the members of the BZA. This section does not apply to applications for a modification of a previously approved special exception.

(m)

Use of historic structures. Owners of structures designated on the National Register of Historic Places, the Florida Master Site File, or the local historic register may petition the BZA for approval of a special exception use for any type of use which would serve to perpetuate the viable contemporary utilization and adaptive reuse of the historic structure, regardless of whether such use is permitted by special exception in the zoning district in which the historic structure is located.

(Ord. No. 2014-043, § 1(Exh. A), 11-25-14; Ord. No. 2018-012, § 1(Exh. A), 3-27-18; Ord. No. 2020-016, § 1(Exh. A), 4-14-20)

(a)

Intent and purpose. The variance process is intended to provide limited relief from the dimensional requirements of the land development regulations in those cases where strict application of those requirements will create a practical difficulty or undue hardship, as distinguished from a mere inconvenience, and prohibiting the use of land in a manner normally allowed under the land development regulations. A variance should provide relief in limited circumstances where the requirements of the land development regulations render the land difficult to use because of some unique, exceptional, or extraordinary physical attribute of the property itself, or some other extraordinary factor of the property for which the variance is requested.

(b)

Applicability.

(1)

The following procedures shall be used to apply for a variance from the dimensional standards or requirements of this Code which do not qualify for an administrative variance.

(2)

The following procedures shall also be used for an administrative variance application only if the zoning official has received a valid written objection.

(c)

Initiation. An application for a variance may be initiated by anyone with a legal interest in the property; however, an applicant who is not the owner of subject property, shall be required to present evidence of legal authority from the owner to submit an application.

(d)

Application requirements. Unless waived by the zoning official, a preapplication conference must take place with the zoning official at least five (5) working days prior to submitting an application. Applications for a variance shall be submitted on forms obtained from and filed with the zoning official. All applications shall state the specific section of the zoning section of these land development regulations for which relief is requested and the grounds for such relief. Applications shall be accompanied by any evidence and additional documentation as specified in this Code or required by the zoning official, and the applicable fee, to be established by resolution of the BCC. The zoning official shall review the application for sufficiency, which includes completeness of the application. If additional data is required, the zoning official shall, within ten (10) working days after receipt of the application, document in writing to the applicant what specifically is needed. Failure of the applicant to submit the required information requested by the zoning official and to make the application complete or sufficient within thirty (30) calendar days of the written request by the zoning official or such extended time as granted by the zoning official shall be considered a withdrawal and the application fee shall be refunded less the administrative fee. Variance applications shall include but not be limited to the following where applicable as determined by the zoning official.

(1)

A concept plan at an appropriate scale showing the related existing and proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas and required yards and other spaces.

(2)

A survey including a complete legal description of subject property which shows all existing improvements.

(3)

A narrative description of the project in sufficient detail to provide an understanding of the nature of the variance requested and a statement describing how the requested variance meets the approval criteria for variances as set forth in this Code.

(4)

Any plans, data or other information showing evidence supporting the requested variance, such as, bathometric surveys, floor plans, building elevations, cross sections of buildings, topography, or photographs.

(e)

Action by county staff. The zoning official shall review the application for sufficiency, which includes completeness of the application and consistency with the comprehensive plan, Code of Ordinances, and the land development regulations. Upon receipt of a complete and valid application for a variance, the zoning official shall establish a date, time and place for the public hearing. Upon finding the application to be correct and complete, it shall be scheduled for a public hearing before the next available BZA meeting. Should an error in the application be discovered, the zoning official shall have the discretion to require the applicant to reapply or submit revised or additional information. The zoning official may require that site plans associated with variances be reviewed and comments provided to staff during the variance process, although no site plan approval shall be implied by this review. The zoning official shall investigate the conditions pertaining to a particular variance and shall submit a report to the BZA at the public hearing giving the facts involved and make a recommendation based on the application submitted, the facts known prior to the public hearing, and this Code. The final action by the BZA shall be documented by the zoning official in a decision letter to the applicant, copies of which shall be kept on file. The zoning official shall also create a notice of approval, which shall be recorded in the office of the clerk of the circuit court and made a part of the official records of Charlotte County. The original recorded notice of approval shall be kept on file and a copy mailed to the applicant.

(f)

Notice of public hearing. The county shall provide notice of the public hearing to be held before the BZA in accordance with the following provisions.

(1)

Published notice. Upon receipt of a complete and valid application for a variance, the zoning official shall establish a date, time and place for the public hearing. Published notice shall be given at least fifteen (15) calendar days prior to the date of the public hearing by publication in a newspaper of general circulation in the county. The published notice shall contain a description of the requested variance; address and legal description of subject property; the date, time and place of the public hearing; and shall invite all interested persons to appear and be heard. Failure to comply strictly with published notice requirements shall not invalidate the proceedings.

(2)

Mailed notice. The owners of property located within one thousand (1,000) feet of the subject property shall be mailed notice of the proposed variance at least fifteen (15) calendar days prior to the hearing. The mailed notice shall contain a description of the requested variance; address and legal description of subject property; the date, time and place of the public hearing; a phone number to contact the county for more information; and shall invite all interested persons to appear and be heard. Notice by mail shall be addressed to the property owner at the address shown in the latest available Charlotte County Property Appraiser Real Property Records. Such notice shall be considered effective when placed in the United States mail, postage paid. Failure to comply strictly with mailed notice requirements shall not invalidate the proceedings.

(3)

Posted notice. A sign shall be posted conspicuously on the subject property. The sign shall contain a description of the requested variance; the date, time and place of the public hearing; and a phone number to contact the county for more information. The sign shall be placed on the subject property at least fifteen (15) calendar days prior to the public hearing. Failure to comply strictly with posted notice requirements shall not invalidate the proceedings.

(g)

Action by applicant. The applicant, agent or attorney shall appear at the public hearing in person to testify under oath before the BZA, present their case for the application, and answer questions asked of them. The applicant may also initiate any of the following actions.

(1)

Withdrawal of application. An applicant or a legally appointed representative may request that their application be withdrawn at any time. A request to withdraw an application must be in writing to the zoning official unless the applicant makes their request on the record at the scheduled public hearing before the BZA. A written statement of withdrawal shall be signed by all persons who signed the application or by a legally appointed representative. The zoning official may authorize a refund of all or part of the application fee if an application is withdrawn more than fifteen (15) calendar days prior to the scheduled public hearing. If a request to withdraw an application is made less than fifteen (15) calendar days prior to the scheduled public hearing then no part of the application fee shall be refunded.

(2)

Postponement of scheduled public hearing. If an applicant desires to postpone a scheduled public hearing they may request that the scheduled public hearing be postponed to any one (1) of the next four (4) available public hearings. A request to postpone the scheduled public hearing must be in writing and must be received by the zoning official at least fifteen (15) calendar days prior to the scheduled public hearing. The statement to postpone shall be signed by all persons who signed the application or by a legally appointed representative. The zoning official shall then remove the application from the agenda and mail a notice, at least seven (7) calendar days prior to the scheduled public hearing, to the surrounding property owners who were mailed a notice of the original public hearing, notifying them that the application will not be heard at the originally scheduled public hearing but will be heard on the date and time of the requested public hearing. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(3)

Request for continuance from the zoning official or BZA. If an applicant desires to continue a public hearing less than fifteen (15) calendar days before the scheduled meeting, they must make such a request in writing to the zoning official prior to the public hearing, or to the BZA, at the public hearing. The zoning official may, one (1) time per application, based on extraordinary circumstances, grant a continuance to any one (1) of the next four (4) available public hearings. Other than the one (1) time grant of continuance by the zoning official. Extraordinary circumstances shall include, but not be limited to, sudden illness or medical condition, death, or discovery of a late objector with their consent. All requests to continue the scheduled public hearing may be granted or denied only by the BZA. The BZA may hold a portion of the public hearing to give those who are present a chance to testify and then continue any action on the matter. If the BZA determines that a continuance is appropriate they may continue action on any application to a date certain at one (1) of their next scheduled public hearings. If directed to do so by the BZA, as soon as practicable thereafter the zoning official shall mail a notice to the surrounding property owners notifying them that the application has been continued and will be heard on the date and time of the next scheduled public hearing. The applicant shall pay the cost of all additional published and mailed notices if such notices are required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(h)

Action by the BZA. The BZA shall hold a public hearing to obtain public input on the proposed variance. Following the public hearing, together with such other reports or testimony as may be relevant, the BZA may approve, approve with conditions, or deny the requested variance.

(1)

Should the BZA deny a variance, the reasons for denial shall be stated and put in writing for the record. Such reasons shall be based on the approval criteria for variances stated in this Code as they may be applicable to the denial.

(2)

Should the BZA approve a variance, the BZA may impose such conditions and restrictions upon the premises benefited by the variance as may be necessary to allow the positive finding of fact to be made on any of the foregoing factors approval criteria for variances or to minimize any negative effect of the variance.

(3)

Continuance of BZA action. If the BZA determines that a continuance is appropriate, they may continue action on any application. If the BZA continues their action on any application to a date certain and directs the zoning official to mail notice of the continuance then as soon thereafter the zoning official shall mail a notice to the surrounding property owners notifying them that the application has been continued and will be acted on again at the date and time of the next scheduled public hearing and no additional noticing shall be required. If the BZA continues their action on any application without setting a date certain then the zoning official shall publish, mail, and post a notice for the next meeting at which the application will be acted upon according to the regular noticing requirements of this Code. The applicant shall pay the cost of all additional published and mailed notices if required by the BZA. Failure to receive a mailed notice shall not invalidate the proceedings.

(i)

Approval criteria for variances. A variance shall be granted by the BZA only if all of the following approval criteria for variances are found to exist:

(1)

Unique or peculiar conditions or circumstances exist, which relate to the location, size, and characteristics of the land or structure involved, and are not generally applicable to other lands or structures.

(2)

The strict and literal enforcement of the zoning section of the land development regulations would create an undue hardship as distinguished from a mere inconvenience on the property owners. Physical handicaps or disability of the applicant and other considerations may be considered where relevant to the request.

(3)

The granting of a variance would not be injurious to or incompatible with contiguous uses, the surrounding neighborhood, or otherwise detrimental to the public welfare.

(4)

The condition giving rise to the requested variance has not been created by any person presently having an interest in the property and the conditions cannot reasonably be corrected or avoided by the applicant.

(5)

The requested variance is the minimum modification of the regulation at issue that will afford relief.

(j)

Effect of variance approval. Should the board of zoning appeals approve a variance, with or without conditions, the variance may be initiated and continued only if all of the other development standards of this Code and any conditions imposed by the BZA are maintained and complied with.

Any violation of the conditions and safeguards that may be imposed on any variance by the BZA, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code.

(k)

Time between similar applications. Whenever the BZA has denied an application for a variance, the BZA shall not thereafter consider an identical application for a variance concerning all or part of the same property for a period of six (6) months from the date of such action, except that this requirement may be waived by the positive votes of a majority of the members of the BZA when such action is deemed necessary. Should the variance application, which was denied, be modified, the one-year waiting period shall not apply.

(l)

Administrative variances. If the variance requested is for relaxation of the minimum development standards of no more than ten (10) percent of the requirements or one (1) foot, whichever is greater, the owner may request that the zoning official grant an administrative variance. If, upon proper investigation, the administrative variance is not found to be harmful to adjoining land uses or adverse to the public interest, the zoning official may proceed to grant the administrative variance after the following procedure is completed and no written objection is received from an adjoining property owner within the time period specified. The zoning official shall review the application for sufficiency, which includes completeness of the application and consistency with the comprehensive plan, Code of Ordinances, and these land development regulations.

(1)

Mailed notice. The owners of property immediately adjoining subject property shall be mailed notice of the zoning official's intention to grant a proposed administrative variance. This notice shall be mailed prior to, or on the same day, the published notice appears in the newspaper and shall also contain a description of the requested variance; address and legal description of subject property; the existence of the adjoining property owner's right to object in writing and receive a public hearing before the BZA, and a phone number to contact for more information. Notice by mail shall be addressed to the adjoining property owners shown in the latest available Charlotte County Property Appraiser real property records. Such notice shall be considered effective when placed in the United States mail, postage paid. Failure to comply strictly with mailed notice requirements shall not invalidate the proceedings.

(2)

Published notice. As soon as practicable after receiving a complete and sufficient application for an administrative variance the zoning official shall publish a notice one (1) time in a newspaper of general circulation in the county. The published notice shall include a statement that the zoning official intends to grant the requested administrative variance; and also include a description of the requested variance; address and legal description of subject property; and the existence of an adjoining property owner's right to object in writing and receive a public hearing before the BZA. Failure to comply strictly with published notice requirements shall not invalidate the proceedings.

(3)

Action by objector.

a.

Any adjoining property owner wishing to object to a proposed administrative variance shall submit a written objection within fifteen (15) calendar days of the date the published notice appears in the newspaper. An adjoining property owner shall object in writing to the zoning official regarding a proposed administrative variance and request a public hearing of the matter before the BZA. Such objector shall state their name, the nature of their interest, and the nature of their objection to the proposed administrative variance. Any adjoining property owner wishing to object to a proposed administrative variance shall also attend the scheduled public hearing in person, or by agent or attorney, to testify before the BZA, state the reasons for their objection and answer questions asked of them.

b.

Any objections from other than the adjoining property owners shall be taken into consideration by the zoning official when making a determination on the administrative variance request.

(4)

Action by applicant. If there is a valid objector and the administrative variance is required to go before the BZA then the applicant shall appear at the public hearing in person, or by agent or attorney, to testify before the BZA, present their case for the application, and answer questions asked of them. The applicant may also initiate any of the following actions; withdrawal of an application, postponement of a scheduled public hearing, or request a continuance by the BZA according to the same procedures stated elsewhere in this section of the Code.

(5)

Action by zoning official. The zoning official shall make a determination to deny or approve the requested administrative variance. The final action by the zoning official, or the BZA, shall be documented by the zoning official in a decision letter to the applicant, copies of which shall be kept on file. The zoning official shall also create a notice of approval, which shall be recorded in the office of the clerk of the circuit court and made a part of the official records of Charlotte County. A copy of the recorded notice of approval shall also be mailed to the applicant.

a.

If the zoning official should deny an application for an administrative variance, the zoning official shall state fully in writing to the applicant the reasons for denial. Such reasons shall take into account the comprehensive plan, Code of Ordinances, and the land development regulations as they may be applicable to the denial.

b.

Should the zoning official determine that the requested administrative variance may be approved, the zoning official shall mail and publish the notices required by this Code.

c.

If the zoning official does not receive a written objection within fifteen (15) calendar days of the date the published notice appears in the newspaper the zoning official may approve the administrative variance requested.

d.

If the zoning official does receive a written objection from an adjoining property owner within fifteen (15) calendar days of the date the published notice appears in the newspaper then the zoning official shall schedule a public hearing before the BZA regarding the administrative variance requested and notice that public hearing according to requirements for a regular variance in this Code. The applicant shall be responsible for all additional cost incurred by the county for mailing and publishing additional notices.

(6)

Action by board of zoning appeals. If the zoning official receives a valid written objection from an adjoining property owner, the BZA shall hold a public hearing to obtain public input on the proposed administrative variance. Following the public hearing the BZA may approve, approve with conditions, or deny the proposed administrative variance. The BZA shall state the reasons for their decision, which shall be put in writing for the record, utilizing variance procedures set forth herein.

(Ord. No. 2014-043, § 1(Exh. A), 11-25-14; Ord. No. 2018-012, § 1(Exh. A), 3-27-18; Ord. No. 2020-016, § 1(Exh. A), 4-14-20)

(a)

Applicability and procedure. The following procedure shall apply to any request for development except individual single-family homes, individual duplex or individual triplex; notwithstanding the foregoing, the zoning official may exempt from or include within the site plan review process any development project.

(b)

Initiation. A request for site plan review may be initiated by anyone with a legal interest in the property; however, an applicant who is not the owner of the subject property shall be required to present evidence of legal authority from the owner to submit an application. The survey, engineering plans, landscaping plans, and building plans shall be prepared by a Florida registered surveyor, professional engineer, or architect, respectively. The site plan review process shall consist of either a bifurcated preliminary and final review or a single comprehensive review.

(c)

Application requirements. A request for site plan review shall be submitted in accordance with the following requirements:

(1)

Forms. Applications required under this section shall be submitted on forms and in such numbers as required by the zoning official.

(2)

Fees.

a.

All applications and associated fees shall be filed with the community development department upon submission of an application.

b.

The BCC shall, by resolution, fix reasonable permit fees to be charged by the zoning official. These fees shall be reviewed on an annual basis.

c.

An applicant who has paid the appropriate fee, but who chooses to withdraw their application prior to its distribution for review shall be entitled to a refund of the total amount paid minus a minimum of fifty dollars ($50.00) but up to a maximum of ten (10) percent for administrative costs, upon written request to the community development department. Once review has begun, no refund shall be available.

(3)

Application processing.

a.

Completeness review. All applications must be deemed complete by the zoning official for processing before the county is required to review the application content. During the completeness review process, no additions or modifications may be made to the submittal unless requested or agreed to by the zoning official. This review shall be completed within two (2) business days. The zoning official may waive the strict requirements of this section.

b.

Sufficiency review. The sufficiency review shall be completed within five (5) business days of the completeness review, and a written notice of any insufficiencies in the application will be provided to the applicant. The notice shall request the applicant to provide any required additional or corrected information. The applicant shall have ten (10) business days from the date of the notice of insufficiency in the application to supply the information required in order for the application to be accepted for review, or such longer time as may be specified in the notice at the discretion of the zoning official.

c.

Site plan review. Once an application is determined to be sufficient for processing, the applicant shall be notified that the application has been accepted for review, copies of the application shall be referred to the appropriate reviewing entities, and the process of notification and public hearings, if any, required for the application shall begin. The site plan review cycle shall be a maximum of three (3) weeks from the Thursday following the date the application is deemed sufficient unless extended by the zoning official.

(4)

Simultaneous applications.

a.

If approved by the zoning official, applications for other development approvals may be filed and reviewed concurrently. Any application that also requires a variance and/or special exception shall not be eligible for final approval until the variance and/or special exception has been granted.

(d)

Amendments and changes to land development regulations. All changes, amendments or additions to this Code shall apply to any final site plan application except for those with current preliminary site plan approval at the time of adoption of changes, amendments, or additions to this Code. Should the preliminary site plan approval expire, the changes, amendments or additions shall apply to future application.

(e)

Preliminary site plan review.

(1)

Action by review agencies. Review agencies, including community development, public works, utilities, and any other departments designated by the county administrator, shall review site plans for consistency with the adopted plans, policies and regulations of the county and the requirements of this section. All review comments and conditions must be made during the preliminary review, no additional comments or conditions may be made at final approval, unless authorized by the zoning official.

(2)

Action by zoning official. The zoning official shall review the application for consistency with the comprehensive plan and these land development regulations. The zoning official shall issue the final decision to approve, approve with conditions, or deny the site plan application. Where the zoning official denies the application, the reasons for denial shall be stated in writing for the record.

(3)

Approval criteria. In evaluating any proposed site plan, the zoning official shall consider the following:

a.

The extent to which the proposed site plan is consistent with the comprehensive plan; and

b.

The extent to which the proposed site plan is consistent with these land development regulations.

(4)

Effect of preliminary approval. Preliminary site plan approval shall not be construed as a recommendation to authorize any permits. It represents a general acceptance of the site plan and places appropriate conditions on the approval to ensure compliance with this section.

(5)

Period of validity. The preliminary site plan approval shall be valid for a period of twelve (12) months from the date of zoning official approval and within which application for final approval must be filed. Up to two (2) extensions of up to twelve (12) months each may be granted by the zoning official upon filing such request a minimum of one (1) month prior to the expiration date. Such extension must be requested in writing and with payment of the appropriate fee.

(f)

Final site plan review.

(1)

Action by review agencies. Review agencies including community development, public works, utilities, and any other departments designated by the county administrator shall review final site plans for consistency and the approved preliminary site plan, taking into account all previously made review comments.

(2)

Action by zoning official. After considering the review agencies comments, the zoning official shall review the final site plan for consistency with this section and the approved preliminary site plan, taking into account all previously made review comments. The zoning official shall then issue the final decision to approve, approve with modifications, or deny the site plan application. Where the zoning official denies the application, the reasons for denial shall be stated in writing for the record.

(3)

Effect of final site plan approval. Final site plan approval indicates an acceptance of the site plan by the zoning official and authorizes applicants to apply for a building permit. The decision of the zoning official shall be final and only appealable by the applicant within thirty (30) days of the written notice of decision to the BZA. By obtaining a building permit, the applicant waives the right to appeal. Conditional approvals may only be granted by the zoning official.

(4)

Period of validity. The final site plan shall be valid for a period of three (3) years from the date of zoning official approval. One (1) two-year extension may be granted at the discretion of the zoning official. No additional extensions will be granted thereafter. If a portion of the approved final site plan has been constructed and received a certificate of occupancy, the remainder of the approved plan shall remain valid unless a major modification is requested.

(g)

Conformity to plan. All development and construction activity must conform to the approved final site plan. As a condition to the granting of a certificate of occupancy, the applicant shall file a certificate by a registered engineer or architect that all development and construction activity has conformed to the approved final site plan.

(h)

Modification of site plans. Any proposed amendment, deviation or change to an approved site plan must be reviewed by the zoning official to determine whether the proposed change constitutes a minor or major modification. Such a request must be filed in writing, and a written determination will be rendered within ten (10) working days of such request. The applicant may appeal the decision of the zoning official within thirty (30) days of the written determination to the BZA.

(1)

Minor modifications are slight variations or alterations to the site plan such as a shift of a building footprint, deletion of excess parking spaces, etc., which cannot reasonably be expected to cause a change in the internal functioning of the site or its off-site impacts. Minor modifications may be authorized by the zoning official, or his/her designee, when determined to be consistent with the approved site plan. Such a request must be filed stating the nature of the request and justification for such, as well as an updated site plan illustrating the proposed change. The zoning official shall provide written response within ten (10) working days to the applicant. If the zoning official denies the minor modification, the reasons for denial shall be stated in the response. Regardless of whether the minor modification is approved prior to or after a building permit has been issued, the applicant may proceed with the requested change upon a favorable decision from the zoning official.

Minor modifications generally meet the following standards:

a.

Does not substantially alter the location of any points of access to the site.

b.

Does not change the general site plan in a manner which requires additional site plan approval or the parameters of development remain unchanged.

c.

Does not increase the density or intensity of the development to occur on the property.

d.

Does not result in a reduction of previously required open space, minimal setbacks, general building location, or landscaping counts.

e.

Is consistent with the general intent and purpose of this Code.

f.

Does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved.

g.

Does not add additional property to the site.

h.

Does not substantially change the internal or external traffic pattern.

i.

Does not increase the height of the building(s) including approved rooftop appurtenances by more than ten (10) percent of such building height.

j.

Does not increase the floor area by more than five hundred (500) square feet.

(2)

Major modifications are non-minor additions, deletions or changes in the use, density and location of structures of an approved site plan. Other modifications may be determined to be major if the zoning official determines they deviate substantially from an approved site plan and can reasonably be expected to cause adverse changes in internal functions or its off-site impacts. Such changes need to be reviewed by the zoning official in the same manner as a new application.

(Ord. No. 2014-044, § 1(Exh. A), 11-25-14)

Editor's note— The zoning atlas is on file in the office of the clerk to the board of commissioners.

(a)

District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise provided, a district symbol shown within boundaries on the official zoning atlas indicates that district regulations pertaining to the identified district extend throughout the entire area surrounded by the boundary line.

(b)

Uncertain boundaries. Where uncertainty exists as to the boundaries of districts shown on the official zoning atlas, the following rules shall apply:

(1)

Boundaries which appear to follow the centerlines of dedicated streets, highways, alleys or rights-of-way shall be construed as following such centerlines as they exist on the ground. If a street is vacated, the boundaries shall remain in the same location as before the street vacation.

(2)

Boundaries which appear to follow lot, boundary or property lines shall be construed as following such lines as they exist on the ground; provided, however, that where such lot, boundary or property line are adjacent to a dedicated street, alley, highway or right-of-way, the boundaries shall be construed as running to the middle of the street, alley, highway or right-of-way. If a street is vacated, the boundaries shall remain in the same location as before the street vacation.

(3)

Boundaries which appear to follow city or county limits shall be construed as following such city or county limits as they exist on the ground.

(4)

Boundaries which appear to follow railroad tracks or rights-of-way shall be construed as following the centerline of the railroad tracks or rights-of-way as they exist on the ground.

(5)

Boundaries which appear to follow mean high water lines or centerlines of streams, canals, lakes or other bodies of water shall be construed as following such mean high water lines or centerlines. In case of a change in mean high water line or the course of bodies of water, the boundaries shall be construed as moving with the change in the location of the mean high water line or centerline.

(6)

Boundaries which appear to enter a body of water but do not continue to the intersection with another zoning district boundary or with the limits of jurisdiction of the county shall be construed as extending in the direction in which they run to the point of intersection with another zoning boundary or with the limits of county jurisdiction.

(7)

Boundaries indicated as parallel to or extensions of land or water features described in paragraphs (1)—(6) above shall be construed as being parallel to or extensions of such features.

(8)

Distances not specifically indicated on the official zoning atlas shall be determined by the scale of the map on each page of the zoning atlas.

(c)

Cases not covered above. In cases not covered by the foregoing provisions of this section, or where the property or street layout existing on the ground is at variance with that shown on the official zoning atlas, the zoning official shall interrupt the official zoning atlas according to the intent and purpose of this chapter. Appeal from the interpretation of the zoning official shall be to the board of zoning appeals pursuant to the procedure provided in section 3-9-6.

(Minutes of 12-8-81, § 4; Ord. No. 2015-017, § 1, 4-28-15)

Editor's note— Ord. No. 2015-017, § 1, adopted April 28, 2015, repealed the former § 3-9-8, and renumbered former §§ 3-9-9—3-9-11 as §§ 3-9-8—3-9-10. The former § 3-9-8 pertained to establishment of zoning districts and official zoning atlas and derived from Minutes of Dec. 8, 1981, § 3; and Ord. No. 94-50, § 1, adopted Nov. 3, 1994.

(a)

Intent. At the time the ordinance from which this chapter derives becomes effective or is amended, there may exist lots, structures, uses of land or water or characteristics of use which were lawful prior to the adoption or amendment of the regulations herein, but are prohibited, regulated or restricted by these regulations or amendments thereto. It is the intent of these regulations that nonconformities shall not be enlarged, expanded, intensified or extended, nor shall they be used as a basis for the addition of other structures or uses otherwise prohibited in the same district.

(b)

Continuation of nonconformity.

(1)

A lot, use, building or structure lawfully in existence on the effective date of the ordinance from which this chapter derives which is made nonconforming by the regulations herein or an amendment thereto may be continued except as otherwise provided by these regulations.

(2)

Disaster recovery on the bridgeless barrier islands. Following a natural disaster, as determined by the BCC, a structure that was legally nonconforming at the time of the disaster may be replaced or restored on the original footprint. There shall be no increase in square footage or residential density beyond what originally existed. All construction shall be in compliance with applicable county, state and federal standards.

(c)

Nonconforming lots of record.

(1)

"Nonconforming or substandard lot" shall mean a lot of which the area, dimension or location was lawful prior to the adoption, revision or amendment of this chapter and which fails by reason of such adoption, revision or amendment to conform to the requirements for the zoning district in which the lot is located.

(2)

For the purpose of this chapter, a lot is "created" on such date that one (1) of the following conditions occur:

a.

The date that a deed for said lot is lawfully first recorded in the public records of the county; or

b.

The date that a subdivision plat has been lawfully recorded in the public records of the county and the lot is a part of the subdivision.

(3)

Nonconforming lots of record may be developed provided:

a.

The proposed development meets all the requirements of this Code, except that residential lots which are nonconforming because of width may reduce the required side yard to ten (10) percent of the lot width. No required side yard shall be less than five (5) feet.

b.

The burden of proof to establish that the lot is legally nonconforming and legally existing on October 22, 1990, shall be with the owner.

(4)

Nonconforming multifamily lot: Any lot, platted and recorded on the effective date of the regulation from which this section is derived, which is located in a zoning district that permits multifamily residential dwellings and which exceeds in area the minimum lot size for the district but which does not contain the area required by the district for two (2) dwelling units nevertheless may have constructed on it two (2) dwelling units. Notwithstanding the foregoing, the density shall not exceed the maximum density permitted by the comprehensive plan.

(5)

Restrictions.

a.

No division of any buildable lot may be permitted which creates a lot with width, depth, or area below the minimum requirements stated in this section unless the lot that is below the minimum requirements is for one (1) or more of the following uses: park, open space, or utilities.

b.

Contiguous lots of record may be combined and redivided to create larger dimension lots of record as long as such recombination includes the total area of the lots.

(d)

Current nonconforming use. A use that was legally nonconforming on the effective date of these regulations [November 25, 2014], may be continued provided:

(1)

No nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater area of land than it occupied on the effective date of this chapter;

(2)

No such nonconforming use shall be moved to any portion of the lot or parcel other than that occupied by such use on the effective date of this chapter.

(3)

If any nonconforming use ceases for a period to exceed one (1) year for any reason except when governmental action impedes use, any subsequent use shall conform to the applicable district regulations.

(e)

Conforming uses.

(1)

All uses permitted through the previous zoning districts (1989 version, as may be amended) shall be deemed permitted until such time as a rezoning takes place after December 8, 2014. All development standards set forth in this Code shall apply to any future development of the property.

(2)

All existing uses permitted through the previous zoning districts (1989 version, as may be amended) shall be deemed conforming. All development standards set forth in this Code shall apply to any future development of the property.

(f)

Nonconforming structures. A structure lawfully in existence on the effective date of the ordinance from which this chapter derives which is made nonconforming by the regulation herein or any amendment thereto may be continued provided:

(1)

Nonconforming structure may not be enlarged or moved until brought into compliance with this Code, such as through the approval of a variance or physical modification of the structure unless the enlargement or moving of the structure does not increase the nonconformity.

(2)

Only ordinary repairs and maintenance, including repair or replacement of roof covering, walls, fixtures, wiring or plumbing, shall be permitted.

(3)

If any such nonconforming structure is destroyed to an extent of more than fifty (50) percent of its replacement cost at the time of destruction as determined by the replacement valuation on the most recent county tax roll, it shall not be reconstructed except in conformity with these regulations.

(Ord. No. 2014-045, § 1(Exh. A), 11-25-14; Ord. No. 2015-017, § 1, 4-28-15)

Note— See editor's note at § 3-9-8.

(a)

Generally. This Chapter, the Official Zoning Atlas or the county's comprehensive plan may, from time to time, be amended or repealed as provided in this section and Florida Statutes as applicable.

(b)

Initiation of proposals for amendments. An amendment to the county's comprehensive plan, land development regulations or the zoning atlas may be proposed by anyone with a legal interest in the property. However, an applicant who is not the owner of the subject property shall be required to present evidence of legal authority from the owner to submit an application. Amendments to the county's comprehensive plan shall also comply with any other applicable regulations found in F.S. sections 163.3184 and 163.3187, as amended.

(c)

Written petition. Applications for rezoning shall be obtained from and filed with the appropriate county department and shall be accompanied by the applicable fee to be established by resolution of the BCC. No application for zoning amendment shall be heard by the P&Z board until such fees and charges have been paid by the petitioner or waived by the BCC. The department director or his/her designee shall review the application for sufficiency and completeness. If additional information is required, the department director or his/her designee shall advise the applicant within ten (10) working days after receipt of the application. Upon finding the application to be correct and complete, it shall be scheduled for a public hearing before the P&Z board at the next available meeting. The department director or his/her designee shall also review the application for consistency with the comprehensive plan and the applicable land development regulations used to implement the comprehensive plan. Should any conflict exist as a result of the consistency review, the applicant shall be advised of such at least five (5) days prior to the P&Z board meeting at which the application is scheduled to be heard. At a minimum, applications for rezoning shall include the following:

(1)

A certified survey of the property to be rezoned.

(2)

A legal description of the entire property to be rezoned, including the size of the parcel involved.

(3)

A narrative stating the applicant's justification for the rezoning request based upon the standards for approval of such a rezoning request set forth in subsection (h)(1).

(d)

Published notice. No request for a zoning amendment may be considered by the P&Z board until such time as notice of a public hearing on the proposed amendment has been given by publication in a newspaper of general circulation in the county at least fifteen (15) calendar days in advance of the public hearing.

(e)

Mailed notice.

(1)

The county shall notify the owner of each property located within one thousand (1,000) feet of the subject property via first-class mail sent to the last address listed for each owner in the Charlotte County Property Appraiser Real Property Records.

(2)

The notice shall be mailed at least fifteen (15) days prior to the date of the P&Z public hearing and at least thirty (30) days prior to the date of each BCC public hearing.

(3)

Mailed notices under this section are not required for applications initiated by Charlotte County. However, the county shall publish notice of all required hearings as provided for in this Code. The county may also send mailed notices to surrounding property owners at its discretion.

(4)

Failure to receive a mailed notice shall not invalidate the proceedings.

(f)

Posted notice. The county shall post notice at the subject property not less than fifteen (15) days prior to the public hearing at which the application will be heard. The notice shall contain the time, date and place of the public hearing and shall state the action being considered. The notice shall be posted on the subject property or at a point visible from the nearest public street.

(g)

Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings if a good faith attempt has been made to comply with applicable notice requirements.

(h)

Standards for approval.

(1)

For the rezoning of land, the recommendations of the P&Z board and decision of the board of county commissioners (BCC) shall be made after giving due consideration to:

a.

Whether the proposed change is consistent with the comprehensive plan;

b.

The existing land use pattern in adjacent areas;

c.

The capacity of public facilities and services, including but not limited to schools, roads, recreational facilities, wastewater treatment, water supply, and stormwater drainage facilities;

d.

Whether the proposed change will adversely influence living conditions or property values in adjacent areas;

e.

Whether the proposed change will affect public safety;

(2)

Decision of the BCC:

a.

The BCC must find that the applicant has shown the proposal is consistent with the comprehensive plan and complies with all procedural requirements of this zoning code;

b.

Upon making such a positive finding, if the BCC wishes to deny the petition then the burden shifts to the BCC to demonstrate that maintaining the existing zoning classification with respect to the property accomplishes a legitimate public purpose.

(3)

When pertaining to other proposed amendments of these zoning regulations, the P&Z board shall consider:

a.

The need and justification for the proposed change; and

b.

The relationship of the proposed amendment to the comprehensive plan.

(i)

Board of county commissioners action on P&Z board recommendations. Upon receipt of the P&Z board recommendations, the BCC shall hold a second public hearing with notice to be given as required by law (F.S. section 125.66) and by subsections (d), (e), and (f) above.

(j)

Notice of decision. Written notice of decision shall be sent to the applicant and a copy shall be placed on file with the county within ten (10) business days of a decision being rendered, where it shall be available for public inspection during regular office hours. A copy of the ordinance adopting the change shall be sent to the applicant after the ordinance is recorded by the county clerk.

(k)

Withdrawal of application. An applicant or legally appointed representative may request the withdrawal of a previously submitted application at any time. A request to withdraw an application shall be provided in writing to the zoning official unless the applicant requests such withdrawal on the record at a scheduled public hearing. A written request shall be signed by all persons who signed the application or by a legally appointed representative. The zoning official may authorize a refund of all or part of the application fee if an application is withdrawn more than four (4) weeks prior to the first scheduled public hearing. If a request to withdraw an application is made less than four (4) weeks prior to the first scheduled public hearing, then no part of the application fee shall be refunded.

(l)

Postponement of scheduled public hearings by applicant(s). An applicant may request postponement of a scheduled public hearing to any one (1) of the next four (4) scheduled public meeting dates of the presiding board provided that such date is available. A request to postpone the scheduled public hearing must be made in writing and must be received by the zoning official at least fifteen (15) calendar days prior to the scheduled public hearing. The request shall be signed by all persons who signed the application or by a legally appointed representative. The zoning official shall remove the application from the agenda and mail notice of such change to all property owners included in the original mailing. The notice of change shall indicate the application's postponement of public hearing and shall include the date and time of the rescheduled public hearing if such information is available. If the date and time of the rescheduled public hearing is not available at the time of this mailing, a separate notice of public hearing shall be mailed in accordance with the requirements of subsection (e) above. The applicant shall pay the cost of all additional published and mailed notices if such notices are required.

(Minutes of 12-8-81, § 12; Res. No. 87-257, §§ 5, 6, 10-20-87; Ord. No. 91-53, § 1, 10-1-91; Ord. No. 2015-017, § 1, 4-28-15; Ord. No. 2015-049, § 1(Exh. A), 10-27-15; Ord. No. 2018-012, § 1(Exh. A), 3-27-18; Ord. No. 2020-016, § 1(Exh. A), 4-14-20)

Note— See editor's note at § 3-9-8.

(a)

Intent. The development of regional impact (DRI) as defined by F.S. section 380.06 may, from time to time, be amended as provided in this Section and requirements set forth in F.S. section 380.06. The county has the following DRIs:

(1)

Babcock Ranch Community DRI;

(2)

Deep Creek Gardens;

(3)

Harborview DRI;

(4)

Murdock Center DRI;

(5)

Riverwood DRI;

(6)

Sandhill DRI;

(7)

Tern Bay DRI;

(8)

Victoria DRI.

(b)

Initiation of proposals for amendments. An amendment to DRI development order (DO) may be proposed by a property owner within such DRI or an applicant with the property owner's authorization.

(c)

Written petition. Applications for an amendment to an approved DRI DO shall be obtained from and filed with the appropriate county department and shall be accompanied by the applicable fee to be established by resolution of the BCC. No application for such amendment shall be heard by the P&Z board until such fees and charges have been paid by the applicant or waived by the BCC. The department director or his/her designee shall review the application for sufficiency and completeness. If additional information is required, the department director or his/her designee shall advise the applicant within ten (10) working days after receipt of the application. Upon finding the application to be correct and complete, it shall be scheduled for a public hearing before the P&Z board at the next available meeting. The department director or his/her designee shall also review the application for consistency with the comprehensive plan and the requirements set forth in F.S. section 380.06. Should any conflict exist as a result of the consistency review, the applicant shall be advised of such at least five (5) days prior to the P&Z board meeting at which the application is scheduled to be heard. At a minimum, applications for such amendment shall include the following:

(1)

A certified survey and a legal description of the DRI boundary, including the size of the parcel involved.

(2)

A narrative stating the applicant's justification for the amendment request based upon the standards for approval of such request set forth in subsection (e).

(d)

Notification. Notification shall be complied with the requirements set forth in section 3-9-10, amendments.

(e)

Standards for approval.

(1)

For those changes that have the effect of reducing the originally approved height, density or intensity of development, such change must be reviewed based on the standards of the comprehensive plan in effect when the DRI was approved; all other proposed changes must be consistent with the comprehensive plan; and

(2)

Whether the proposed change is consistent with requirements set forth in F.S. section 380.06, as maybe amended.

(f)

Board of county commissioners (BCC) action on P&Z board recommendations. Upon receipt of the P&Z board recommendations, the BCC shall hold a second public hearing with notice to be given as required by law (F.S. section 360.08) and by subsections (d) and (e) above. The BCC shall approve, with or without conditions, or deny the proposed change in accordance with F.S. section 360.80.

(g)

Notice of decision. Written notice of decision shall be sent to the applicant and a copy shall be placed on file with the county within ten (10) business days of a decision being rendered, where it shall be available for public inspection during regular office hours. A copy of the ordinance adopting the change shall be sent to the applicant after the ordinance is recorded by the county clerk.

(h)

Withdrawal of application. An applicant or legally appointed representative may request the withdrawal of a previously submitted application at any time and such request must be complied with the requirements set forth in section 3-9-10, amendments.

(i)

Postponement of scheduled public hearings by applicant(s). An applicant may request postponement of a scheduled public hearing to any one (1) of the next four (4) scheduled public meeting dates of the presiding Board provided that such date is available and such request must be complied with the requirements set forth in section 3-9-10, amendments.

(Ord. No. 2018-049, § 1(Exh. A), 12-11-18; Ord. No. 2018-050, § 1(Exh. A), 12-11-18)

(a)

The developer is required to submit a biennial report on a development of regional impact (DRI) to the county if all requirements set forth in such DRI development order (DO) have not be fulfilled. Such report shall be submitted to the county within thirty (30) days after the end of the reporting period. If the county does not receive a biennial report on time, a final detail site plan or a final site plan shall not be approved until a report is submitted.

(Ord. No. 2018-049, § 1(Exh. A), 12-11-18; Ord. No. 2018-053, § 1(Exh. A), 12-11-18)