Growth Management
Guidelines to New Commercial Development
Charlotte County Codes and Ordinances set forth a number of regulations, restrictions or requirements for developing commercial properties. The following represents the primary requirements for such development.
For a complete listing of Charlotte County codes go to Municode
ZONING:
1. First, and probably one of the most important steps, check with a Community Development Zoning Technician to determine if the use proposed is allowed in the zoning district in which the subject property is located. It is recommended that you also check the Land Use Designation to assure compatibility with the Future Land Use Map. Where Special Exceptions, from the Board of Zoning Appeals (BZA), are required for the proposed use, the Special Exception must be obtained before going further;
2. Pursuant to Charlotte County Zoning Code Section 3-9-5.1, if a proposed development is in excess of 6,000 square feet, the development is required to obtain approval of the site plan from the Development Review Committee (DRC). This same requirement applies in cases where an addition to an existing structure brings the size to more than 6,000 square feet, any house of worship regardless of size, residential buildings consisting of more than 6 units or drive thru facilities. The Zoning Code also allows that the Zoning Official has the discretion to require site plan approval through DRC if one or more of the following exists:
(a) High traffic hazard locations;
(b) Structures added to previously unreviewed developments;
(c) Unanticipated types of development which are unusual to the area.
Charlotte County Zoning Code Section 3-9-5.1 provides the criteria and codes pertaining to the site plan approval process. All requirements of the DRC must be met prior to approval of a certificate of occupancy being issued and in some cases, prior to a building permit being issued.
3. Parking is required to be provided in compliance with Charlotte County Zoning Code Section 3-9-90.
4. Each zoning district contains minimum development standards which must be adhered to. Development proposed in special overlay districts, a development of regional impact or a planned development, may have additional development restrictions. Where properties lie within 1,200 feet of the water of Charlotte Harbor, the Gulf of Mexico, Lemon Bay, Red Fish Cove, Placida Harbor, Gasparilla Sound, the Myakka River or the Peace River, certain restrictions contained within Charlotte County Code Section 3-9-98 may also apply.
5. Pursuant to Charlotte County Zoning Code Section 3-9-67, all developments or structures constructed within a flood zone must comply with certain requirements. The Zoning Technician can provide you with the flood zone designation of the subject property. If located within a flood zone, finished floor elevation certifications will be required prior to the County dispatching a lintel/tiebeam inspection. Certain structures may also require Floodproofing Certifications or Velocity Zone Piling Certifications.
6. The Zoning Code sets forth minimum screening buffer requirements when commercial zoning district development abuts a residential zoning district or when multi-family zoned property abuts single family zoning districts. Please refer to Section 3-9-83 for those requirements.
7. Charlotte County has restrictions on size, height and number of signs allowed. Development within a planned development or development of regional impact may have restrictions on signs that vary from development in other locations of Charlotte County. Please contact the Zoning Information Desk for information regarding signs allowed for your development. You may also refer to Zoning Code Section 3-9-95.
8. A Local Business Tax Receipt must be obtained before business may commence. Contact the Community Development Licensing Section for assistance.
9. Code Compliance has been charged with the enforcement of the Landscaping and Tree Ordinances. All inspections relative to these Ordinances will be dispatched at the time of your call to the Code Compliance Dispatch Office for a "final inspection". Barricade inspection requests should be made to the Dispatch Office prior to beginning development.
BUILDING:
1. Prior to the start of construction, or clearing of land, a building permit must be obtained from Community Development - Permitting. The permit is required to be posted at the job site prior to beginning construction. All appropriate inspections must be coordinated through the Building Division at 941.743.1201.
2. All general contractors and sub-contractors are required to be licensed and/or registered in Charlotte County. Contact the Charlotte County Community Development Department Licensing Division for further details.
3. Each commercial development is required to comply with Fire Safety Codes. Contact Charlotte County Code Compliance for further details.
PLANNING:
1. All local Landscape, Tree and Open Space Habitat Ordinance requirements must be met. Two sealed copies of the approved Landscape Plan must be submitted with a building permit application. Planning approval is required prior to removal of any trees on a new construction site. A "Memorandum of Exemption", a "No Tree Affidavit" authorization, or a "Notice of Tree Preservation" application form is required to accompany any building permit application. All ordinance requirements must be met prior to obtaining a certificate of occupancy.
2. Requests for changes in zoning or land use, subdivision platting and vacation of streets or plats should be directed to Planning.
Contact the Charlotte County Growth Management for details regarding the Ordinances.
LAND DEVELOPMENT
1. A Stormwater Permit is required from the Community Development Land Development Division prior to any commencement of clearing. Two sealed copies of the approved Stormwater Plan must be submitted with a building permit application.
2. A Right-of-Way permit is required for construction in a County Right-of-Way.
Contact the Charlotte County Land Development Division for information.
HEALTH DEPARTMENT
1. The Health Department must approve all plans if a septic tank is being installed. A septic tank permit must be submitted with the building permit application.
2. The Health Department monitors bars and lounges, food facilities operated by civic and fraternal organizations, and food operations located at schools, institutions and group care facilities such as child day care centers, hospitals, and nursing homes.
Contact the Charlotte County Health Department for any additional requirements.
MISCELLANEOUS
1. An impact fee will be assessed at the time the Building Permit is issued. The fee must be paid prior to the dispatching of a final inspection. Commercial and Industrial projects are now eligible for the Impact Fee Payment Program. An impact fee varies and is determined based upon the use, building area or number of units. A Zoning Technician can assist you with determining the impact fee. Impact fees are paid to Permitting & Licensing.
2. If any construction occurs in a State Right-of-Way, you will be required to contact the Florida Department of Transportation (FDOT).
3. Developments located within a Planned Development (PD) or Development of Regional Impact (DRI) may have additional restrictions or guidelines. Refer to the PD "development order" for any additional requirements. Contact Planning for further details regarding developments in a DRI and the Zoning Section for more information regarding PD's.
4. Certain State permits may be required from South West Florida Water Management District (SWFWMD), Department of Environmental Protection (DEP), or the U.S. Army Corp of Engineers. Please contact those agencies directly for information.
5. Approval for any construction within an easement must be obtained through Public Works.
6. The Department of Business Regulations (DBR) is responsible for plan review and inspections associated with food service operations. All plans associated with restaurants, etc., must be approved by the DBR prior to submitting a building permit application to the Community Development Department. Authorization to operate will be required from DBR at the time of application for an occupational license.
7. The Department of Agriculture and Consumer Affairs (DAC), Bureau of Food Inspection, is responsible for review and inspections associated with food outlets (grocery stores, convenience stores, etc.). It is required that approval from the Bureau of Food Inspection be submitted with a building permit application. Authorization to operate will be required from DAC at the time of application for an occupational license.
TELEPHONE NUMBERS
Community Development Department
- Code Compliance: 743-1201
- Contractor Licensing: 743-1201
- Engineering: 575-3632
- Inspections: 743-1201
- Land Development: 743-1201
- Permitting Office: 743-1201
- Planning: 743-1201
- Zoning Technician/Land Information: 941-743-1964
Other Agencies to Contact
- Dept. of Agriculture, Bureau of Food Inspection: 1-800-435-7352
- Dept. of Business Regulation: 1-800-226-7359
- Public Works: 941-575-3600
- Health Department: 941-743-1266
- FDOT: 941-743-6005
- DEP: 941-639-4967
- DEP Beaches & Shores: 904-487-4475
- SWFWMD: 1-800-423-1476 or 904-796-7211
- US Army Corp: 941-332-7808
If you have any questions, please direct them to the appropriate agency as listed.
Be advised that developments located within the City of Punta Gorda are regulated by the City of Punta Gorda Building Department. Should you wish to develop within the City, please contact the City of Punta Gorda Building Department at 941.575.3324.
