Zoning – Frequently Asked Questions
Classification: Service
KBA Code: KBA-020
Last Updated: 4/23/2024
Description
General
I bought a lot in Charlotte County and I want to know if I can build on it.
Call the Charlotte County Community Development Department Zoning Section at 941-743-1964. Or visit https://library.municode.com/fl/charlotte_county/codes/code_of_ordinances?nodeId=PTIIILADEGRMA_CH3-9ZO_ARTIIDIRE_S3-9-26DI to view the county's zoning regulations. Chapter 3-9 contains the zoning and land development regulations by zoning district. Zoning districts can be viewed using the Charlotte County GIS (Geographic Information System) website at www.charlottecountyfl.gov/services/gis/Pages/default.aspx. In the middle column, select the "Enter Mapping Site" button. At the next page, select the "Continue" button to accept the "Disclaimer." In the upper left of the page, enter the address in the search field and the go to the "Layer Icon" (looks like three sheets of stacked paper) in the upper right of the page and scroll down and checkmark the "Zoning" layer. Then select the search icon to perform the search.
Are chickens allowed in residential areas?
Yes, in agriculturally zoned properties. In single family zoning a "chicken keeping permit" required.
How do I kill and combine/replat two or more lots into one?
Contact the Charlotte County Property Appraiser’s office at 941-743-1498 or visit https://taxcollector.charlottecountyfl.gov/.
Can I live on a vacant lot while I build a home?
No. The zoning code does not allow occupancy in a temporary structure or vehicle (e.g. RV, shipping container, tents, etc.) until the primary structure is completed and issued a certificate of occupancy.
Are Medical Marijuana Dispensaries allowed in Charlotte County?
Charlotte County follows Florida law in that the county does not treat medical marijuana treatment center dispensing facilities any different than pharmacies, except for the 500-foot buffer around elementary, middle or high schools. Also, under state law, any dispensary must be vertically integrated with one of the approved licensed growing operations located in the Florida.
How do I use the county Geographic Information System to find the zoning of my property?
In the upper left corner, use the "+" or "-" sign to zoom in and out of the map.
On the upper right is a layers tab. Click any of the operational layers to find scrub jay areas, zoning, property ownership, landmarks, etc. to assist you in your search.
Just to the upper left is a search field. You can search by address or the Parcel ID Number. Your property will pop up in yellow. Click on subject property.
Click on any colored identify tab for information and zoning about the subject property.
What is the Habitat Conservation Plan and when is scrub-jay nesting season?
The intent and purpose of the Habitat Conservation Plan can be found at:
Scrub-jay nesting season is from March 1 to June 30.
Can I have a metal container on my property for use as a shed?
Detached accessory structures greater than 250 square feet but no greater than 400 square feet in area, must be DBPR approved or otherwise meet Florida Building Code. All roofs must be pitched and include overhangs and eaves which meet current building codes. Rounded corners are prohibited. These structures are allowed with metal siding in the same color as the primary structure. If an exact color match is not possible a complimentary and not contrasting color may be allowed.
Detached accessory structures, greater than 400 square feet but no greater than one thousand five hundred 1,500 square feet in area allowed with wall or leg heights no more than 12 feet tall as measured from the point of installation (grade level). Any increase in wall or leg height greater than 12 feet may be allowed with an increase of required setbacks (all sides) of five feet for every one foot of height increase. All roofs must be pitched and include overhangs and eaves which meet current building codes. Rounded corners are prohibited. These structures are allowed with metal siding in the same color as the primary structure, if an exact color match is not possible a complimentary and not contrasting color may be allowed.
Detached accessory structures, greater than 1,500 square feet must be site built and constructed of the same materials as the primary structure. Any increase in wall or leg height greater than twelve 12 feet may be allowed with an increase of required setbacks (all sides) of five feet for every one foot of height increase All roofs must be pitched and include overhangs and eaves which meet current building codes. Rounded corners are prohibited. Colors must match those of the primary structure.
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Detached accessory structures shall be located behind the leading edge of the living area of the residence except garages and carports, which must still maintain required setbacks.
The total area of all detached accessory structures shall not exceed 1) percent of the parcel size or 1,000 square feet, whichever is greater, for a property less than one-half acre in size. If the property is one-half acre or more in size, the total area of all detached accessory structures shall not exceed 3,000 square. The property owner may apply for a special exception to exceed the total maximum accessory structures size limitations contained in this section.
Construction trailers and cargo trailers are prohibited. Unless they meet the DBPR approval and Florida Building Code and must have trusses and made of the same material as primary structure. (Sec 3-9-33)
Can I build on a non-conforming lot?
No building permits shall be issued for lots created that are non-conforming with County Land Development Regulations (Sec 3-7-143).
Can I split my lot into two lots?
To determine if you are requesting a true lot split, confirm that the property has not been consolidated with other property/lots. On Charlotte County's GIS, if the property has been consolidated, the previously platted lines would remain as the yellow dotted line within the bolder yellow lines showing the outer property lines. If there are dotted yellow lines on the portion of the property you would like to 'split', please contact the Property Appraiser's office at 941-743-1498 to confirm and inquire about the process of unconsolidating those lots.
A lot split would turn "one lot into two" and can only be done once, unless a previous split on the property has occurred before Feb. 1, 1992. Usually, the two lots created by this process would have to meet today's development standards for the designated zoning district of the property, as well as the required street frontage/access. Please reference Municodefor the zoning district's development standards of the subject property. The only case in which nonconforming lots may be created by this process is when a lot is split and deeded to an adjacent property with no intention to generate density through building an additional dwelling unit.
The land split determination application can be downloaded from the Charlotte County website, located in the Community Development Forms and Documents and then the Planning Forms & Documents or you may access it through this link: https://www.charlottecountyfl.gov/departments/community-development/forms.stml.
Please note that the approval of the Environmental Health Department located on Loveland Blvd is required before you may submit the application to the zoning department. Surveys showing the properties as they are now (with all existing structures), and their post-split configuration are required for the application. The survey must show that each split portion of the lot will be consolidated with each of the adjacent properties and the proposed legal descriptions of all parcels created by the split. To reiterate the previous paragraph, please keep the property's density in mind during this consideration, as once a lot has been split into a nonconforming configuration with less than one unit of density, the density will not be split between the newly created parcels because any density less than one unit is rounded down to 0.
The fee for the application is $110, however other departments may charge fees for their reviews/approval. If the proposed split meets the zoning requirements and all required documents have been provided, 5-10 business days will be required to process the application and you will be contacted when it has been approved and is ready for pick-up. You may bring the approved application to the Property Appraiser's Office for them to finalize the split.
Can I split my property into multiple lots?
To determine if you are requesting a true lot split, confirm that the property has not been consolidated with other property/lots. On Charlotte County's GIS, if the property has been consolidated, the previously platted lines would remain as the yellow dotted line within the bolder yellow lines showing the outer property lines. If there are dotted yellow lines on the portion of the property you would like to 'split', please contact the Property Appraiser's office at 941-743-1498 to confirm and inquire about the process of unconsolidating those lots.
The answer to this question depends on how many lots are planned to be platted within the property and this depends on how many lots can be created that meet the development standards of the property's zoning district. Please reference Municode for the zoning district's development standards of the subject property. If you would like to plat a residential subdivision consisting of four lots or less, you may apply for a minor subdivision, defined as,
Minor subdivision: A residential subdivision having four lots or less, fronting on an existing public or private street, and having no construction, bonding or developer's agreement required.
A minor subdivision need not follow the procedures for a major subdivision but shall follow the procedure set forth in Article VII. Per Article VII, Sec. 3-7-131,
Preliminary and final plat approval may be given by the board of county commissioners at the same hearing provided that the final plat has all the required signatures and all the stipulations have been addressed. The application fee shall be half of the regular fee, as established by the board of county commissioner by resolution.
Both applications with required supporting materials will be required for the submittal of a PFP or Minor Subdivision application.
If you would like to propose a residential subdivision to split your property into more than five or more lots or a commercial subdivision, you may apply for a major subdivision, as defined as,
Major subdivision: Any subdivision involving uses other than residential, and residential subdivisions which require construction of infrastructure, or contains five or more lots.
The application process for a major subdivision follows the procedure for plat approval detailed in Article II Procedure for Plat Approval, which can be reference in Municode.
What can I do after Preliminary Plat approval?
Provided that none of the approval conditions prevent construction, per Sec. 3-7-32,
Approval of the preliminary plat shall be construed as authority for submitting a final plat and for the installation of required improvements in accordance with construction plans and specifications approved by the county engineer and appropriate county agencies. Approval of the preliminary plat shall not be construed as authority for obtaining building permits or the recording of a final plat with the clerk of the circuit court. However, two model home building permits may be issued after approval of the preliminary plat and approval of the construction plans and specifications provided that no certificate of occupancy shall be issued for any model home until a final plat has been recorded with the clerk of the circuit court.
Construction of the infrastructure may be permitted. Per the Supporting Materials Checklist on the Final Plat application, if the infrastructure has not been constructed within the subdivision, a Draft Developer's Agreement, Draft original Bond, and signed and sealed Engineer's Probable Cost Estimate x 110% will be required. If the infrastructure has been constructed, a signed and sealed Certification of Completion, one set of as-built drawings, pavement testing information, and acceptance forms for public streets will be required.
When can I expect the P&Z and BCC hearings to be scheduled?
Preliminary Site Plan Review (DRC) approval is required before preliminary plat application. Preliminary plat applications that are submitted after first Monday of the month will be scheduled for the Planning & Zoning hearing in four months and County Commission hearing in five months, subject to addressing any staff review comments. The entire process may take up to six months.
Final Site Plan Review (DRC) approval is required before final plat application. Final plat applications require at least two weeks for staff review. The mylar for a final plat application must be approved by staff and received seven weeks prior to the scheduled County Commission consent agenda. The exact date this item can be scheduled for the BCC Consent Agenda is largely dependent on how much time is required for county staff review, the applicant addressing any comments, and then circuiting the mylar for signatures and approval.
How do I replat my property?
If the property consists of multiple consolidated lots that may or may not contain platted streets, this process will require a plat vacation application, which can be downloaded from the Charlotte County website, located in the Community Development Forms and Documents and then the Planning Forms & Documents or you may access it through this link:
The plat vacation would create a unified development tract from a property consisting of multiple consolidated lots, tracts, and or streets. Please note this application must be presented to public hearings for the P&Z and BCC, and ultimately requires approval of BCC. The approval of the vacation of plat is by resolution, and it shall not become effective until a certified copy has been recorded in the public records by the clerk of the court.
A restrictive covenant or TDU may be required if the plat vacation for residential property will include platted streets or ROWs. Please contact the principal planner, Jie Shao, at 941-743-1272 or [email protected] for more information on how the density of a property may be affected by a plat vacation.
How do I find the mean highwater line for my site plan?
Florida Department of Environmental Protection keeps their survey information on file with LABINS. You may be able to find a survey for your waterway on the LABINS website located at LABINS - Survey Data for Florida, aerial images. For confirmation, FDEP may be reached at 239-344-5600.
Alternatively, a surveyor would need to be hired to locate the MHWL if it is not found on LABINS and is unable to be provided by FDEP. Surveyors will sometimes substitute MHWL with safe upland line (SUL) or mean annual flood line (MAFL) depending on the type of waterbody.