§ 3-9-5. Administration and enforcement; building permits.

(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)