Title
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TLDR-26-01, Revisions to Land Development Regulations, Section 3-9-9, Legal Nonconformities
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Requested Motion/Action
Department Making Request
recommendation
Community Development
An Ordinance of the Board of County Commissioners of Charlotte County, Florida, amending Charlotte County Code Chapter 3-9, Zoning, Article I, In General, by adding new subsection (g), Nonconformities resulting from a governmental taking to Section 3-9-9, Legal Nonconformities, providing for administrative relief procedures and criteria for properties rendered nonconforming solely as a result of a governmental taking; providing for conflicts with other Ordinances; providing for severability; and providing for an effective date. Applicant: Charlotte County Board of County Commissioners. This petition is countywide.
Legislative
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Agenda Item Type
Public Hearing
Budgeted Action:
No action needed.
Background (Why is this Action Necessary, and What Action will be accomplished)
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Background:
The County’s existing Comprehensive Plan does not contain specific policies, and the County’s Land Development Regulations do not establish procedures or criteria for addressing properties rendered nonconforming solely because of a governmental taking for a public purpose, including eminent domain or other regulatory taking.
To address properties rendered nonconforming solely because of a governmental taking for a public purpose, staff initiated this text amendment to add new Future Land Use (FLU) Policy 1.2.18, Government-Created Nonconformities, and new Property Rights (PR) Policy 1.2.5, Relief for Government-Created Nonconformities. Concurrently, staff is proposing an amendment to Section 3-9-9, Legal Nonconformities, by adding a new subsection (g), Nonconformities Resulting from a Governmental Taking, under Application Number TLDR-26-01.
On August 10, 2026, the Planning and Zoning Board recommended approval of the proposed revisions.
What Action will be accomplished?
If the Board approves the proposed changes, the County’s Comprehensive Plan will ensure that properties affected by a governmental taking may continue to be used in a reasonable manner without compromising public health, safety, or welfare, while maintaining consistency with the County's long-term planning goals. The County’s Land Development Regulations establish an administrative process and criteria for addressing government-created nonconformities.
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