Growth Management Department

Special Exceptions & Variances

Download Special Exception Application

Generally: 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.

Application: Special exceptions are established to allow 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; and
  2. uses allowed by special exception upon a determination by the Zoning Official; and
  3. Special exceptions for the expansion of existing legal land uses.

Written Petition: Applications for special exceptions shall be obtained from and filed with the Zoning Official and shall be accompanied by the applicable fee  of $843.00. The Zoning Official shall review the application for sufficiency, which includes completeness of the application. If additional data is required, the Zoning Official shall advise the applicant within 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 next available Board of Zoning Appeals 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. Special exception applications shall include, but not be limited to the following where applicable:

  1. Site plans of an appropriate scale showing 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. Plans showing proposed locations for utilities hookups;
  3. Plans for screening and buffers, with references to type, dimensions and character;
  4. Proposed landscaping;
  5. Proposed signs and lighting including type, dimension and character;
  6. A legal description of the entire property encompassing the special exception;
  7. 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 standards for approval.
  • The fee for filing the application is $843.
  • The Board of Zoning Appeals meets on the second Wednesday of every month. Applications must be filed with the Zoning Official by the fourth Friday of the month, two months in advance of the meeting.
  • For questions/concerns regarding Special Exception Applications, call 941-743-1956.

Variances, Special Exceptions, and Appeals

BACKGROUND

The Florida Growth Management Act of 1985 requires that every county and city of the State adopt a comprehensive plan to guide future growth and land development, usually for a period of 10 to 20 years. The Charlotte County Comprehensive Plan, covering 1997 to 2010, meets this requirement. The Future Land Use Map is a critical component of the Comprehensive Plan. This map illustrates future land use designations for every parcel of land in the County. Within each land use designation there are one or more related zoning districts. Land Development Regulations are tools used to implement the Charlotte County Comprehensive Plan.

The Zoning Code is a group of Land Development Regulations which are intended to promote the health, safety, morals and general welfare of the public by regulating the size, height and number of buildings and structures as well as the use of land.

BOARD OF ZONING APPEALS

Variances, special exceptions and appeals of the Charlotte County Zoning Code, as well as variances and appeals to certain other Land Development Regulations, are heard and decided by the Board of Zoning Appeals (BZA). The BZA is a quasi-judicial body made up of five members. One member is appointed for each Commission district by the Commissioner of that district. Each member is appointed for a four year term running concurrently with the term of the Commissioner. Members of the BZA are not employees of the County and receive no compensation other than a reimbursement for mileage travelled in connection with official duties. Regular meetings of the BZA occur on the second Wednesday of each month at 9:00 a.m. in the Commissioner's meeting room, Room 119, Charlotte County Administration Center.

The BZA makes a final decision on all issues brought before it. Decisions are based upon competent substantial evidence in the application materials submitted, the staff review of the information and public input presented in a public hearing. BZA decisions are appealable only through the Circuit Court and must be initiated within thirty days of the decision.

PETITIONS

Three types of petitions are commonly requested through the BZA. These include Special Exceptions, Variances and Administrative Appeals.

Special Exceptions involve a use that is not permitted outright, but may be permitted when approved by the BZA. The BZA may deny a request or approve it with or without conditions. A list of allowable special exceptions appear in the text of each zoning district of the Zoning Code. Special exceptions are frequently known as special approvals, conditional use permits, or conditional uses.

Variances involve a deviation from specific dimensional requirements within a regulation. These frequently involve modifications to required yards. The granting of a variance is generally based upon special circumstances which create an undue hardship to the property owner. An undue hardship is defined as an exceptional hardship which cannot reasonably be corrected or avoided by the applicant. Self-created problems or common difficulties shared by all other property owners in an area are not an undue hardship.

Administrative Appeals - Occasionally, in the administration of the Zoning Code, parties disagree with the interpretations made by the Zoning Official and wish to appeal a decision. The Administrative Appeals must be initiated within thirty days of the date of the Zoning Official's written opinion which is the subject of the appeal.

PROCEDURE

Application materials for any of these petitions may be obtained at the Growth Management Information desk. Staff is available to answer any questions you may have. Upon receiving a complete application, the Planning Division reviews it for sufficiency. Once deemed sufficient, the request is scheduled for the next available hearing date. An on-site review is performed and a staff report is written that includes all relevant information and recommended conditions if the request is approved. The applicant, or the applicant's representative must be present at the public hearing to present the request and answer any questions the BZA may have.

The BZA will then make a decision based upon the facts presented at the public hearing. The applicant will receive written notification of the BZA decision as soon as possible thereafter. In addition, whenever the BZA approves a variance or special exception, a document is recorded in the Official Records of Charlotte County stating the approval, petition number, legal description and the name and address of the applicant.

If you wish to meet with a member of the Planning Division staff prior to submitting an application, please contact Planning at (941) 743-1230. Planning Division staff members are available for meeting by appointment.

NOTICE OF PUBLIC HEARING

All actions of the BZA are preceded by a public hearing. Upon receipt of an application, a hearing date is set. Generally, three types of notice are given prior to a public hearing

1. Legal Advertisement giving notice of the request is published in a newspaper of general circulation in Charlotte County. This legal advertisement must contain a description of the request, a description of the subject property, and the time, date and location of the public hearing. All interested persons are invited to appear and be heard.

2. Written Notice containing the same information appearing in the legal advertisement is mailed to all persons owning property within 200 feet of the subject property, excluding right-of-way, at least 15 days prior to the public hearing. These notices are sent to the property owners shown on the latest available tax rolls. Notice is considered to have been given when placed, postage paid, in the United States mail.

3. A sign, displaying the request and the time, date and place of the public hearing, is posted on the subject property at least 10 days prior to the public hearing.

Failure to strictly comply with these notice requirements will not invalidate the proceedings.

OTHER PETITIONS

Requests for Land Use Plan Amendments, Rezonings, Variance from the Subdivision Regulations, Subdivision Plats and Vacations of Plats or Rights-of-way, are processed by the Planning Division. Technical review of Subdivision plats, vacations and variances from the Subdivision Regulations are also conducted by Land Development (941) 743-1263. These requests are subject to recommendation by the Planning and Zoning Board with the final decision by the Board of County Commissioners.

Any questions regarding ownership, occupation or release of easements should be directed to the Public Works Department Right-of-way Section (941) 743-3632. Only the Board of County Commissioners may approve a release of an easement.

PETITION FEES
Special Exception $843.00
Variance $843.00
Flood Plain Variance $891.00
Administrative Variance (12 inches or less) $544.00
Notary Fee $1.00 (each document)

TELEPHONE NUMBERS
Zoning Information:941-743-1964
Planning Division: 941-743-1230
Land Development: 941-743-1263
Public Works: 941-575-3600