Certificate of Use Program

Section 163.3167(2), Florida Statutes, requires each local government to maintain a comprehensive plan of the type and in the manner set out in this part.

Consistent with Section 163.3167(2), Florida Statutes, DeSoto County has adopted a Comprehensive Plan.

Section 163.3201, Florida Statues, provides it is the intent of this Act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area.

Consistent with Section 163.3201, Florida Statues, the DeSoto County Board of County Commissioners has adopted Land Development Regulations to implement its Comprehensive Plan.

The Land Development Regulations Article 2 addresses zoning district regulations and requirements. Section 2000 provides for the adoption of an Official Zoning District Atlas, which assigns a zoning district to every property located within unincorporated DeSoto County.

Section 2600 establishes a Schedule of Uses which shows which types of land uses are allowed within the various zoning districts.

Prior to January 1st, 2007, DeSoto County relied on the state occupational license statute to ensure that only those land uses or businesses that were in conformance with the list of uses allowed within each zoning district would be issued a certificate to operate a business.

In 2006, however, the Florida Legislature changed the name of the Local Occupational License Tax Act to Local Business Tax Act to make clear that the statute was intended to be a tax and not a licensing scheme.

• Consequently, local governments could no longer rely upon that statute as a means of ensuring businesses conform to the use requirements within each zoning district

Presently, DeSoto County does not have any way of ensuring that new businesses are allowed to open only in those locations where allowed by the zoning district.

In August 2015, the County Administrator directed the Development Department to make changes necessary to bring Department operations consistent with state and county laws.

The proposed Ordinance establishes a Certificate of Use program to ensure implementation of the County’s adopted zoning district regulations. The program applies to: 

• Existing businesses with a local business tax receipt prior to May 23, 2016.

– The Ordinance proposes that these businesses are vested or grandfathered and are considered to have an “active” certificate of use.

– Businesses with an “active” certificate of use are required to apply for a certificate of use application along with the renewal of their local business tax.

– No processing fee or inspection fees are required.

– When the business submits application, the Department reviews and then issues a certificate showing the uses that are allowed on the premises and, if the uses are not allowed within the zoning district, a note that the use is legally non-conforming.

• Existing businesses with a local business tax receipt prior to May 23, 2016 that change in size or the business name after September 30th, 2016.

– For these businesses, an application must

be filed

– A $10 processing fee must be paid.

• Existing businesses with a local business tax receipt prior to May 23, 2016 that change locations, change ownership, or change uses after September 30th, 2016.

– An application must be filed

– A $20.00 processing fee must be paid; and

– $50.00 in inspection fees must be paid.

New Businesses that desire to open beginning on May 23rd, 2016

– An application must be filed

– A $20.00 processing fee must be paid; and

– $50.00 in inspection fees must be paid.

The proposed Ordinance would prohibit any business from opening or operating without a valid certificate of use.

The application fee is intended to partially cover the costs of the following activities:

•Intake or receipt of the application, assigning the application a number, and logging the application in an electronic database;

• Reviewing the application to determine whether the application is complete, which includes:

 ◘ Ensuring the application is completely filled out and properly executed and notarized;  ◘ Ensuring a floor plan is attached; ensuring that all required licenses, certifications, and registrations are attached;

◘ Ensuring verification of garbage collection is provided; and ensuring the list of uses is attached;

• If the application is complete, the following activities occur:

 ◘ Researching the Future Land Use Map designation of the property and printing the map page; ◘ Researching the Official Zoning District Atlas classification for the property and printing the Atlas page;

◘ Determining whether the zoning district is consistent with the FLUM designation of the property;

◘ Reviewing the application form (Part 2) to determine the land uses that are located on the Premises;

 

◘ Determining whether the listed land uses are in conformance with the zoning district of the

property;

◘ If a special exception use was granted, securing a copy of the resolution and making note of all required conditions;

◘ Reviewing the application for conformance to the parking regulations by researching the number of parking spaces shown on the development plan,

improvement plan, or by site inspection; and

◘ Reviewing the application for conformance with the concurrency requirements.

• If inspections are needed, the following activities occur:

 ◘ Scanning the application and forwarding copies to the Chief Building Inspector and Fire Inspector;  ◘ Inspection of the premises to confirm the Premises are being used consistent with the land uses identified in the application.

• If an inspection is not needed or if the Premises pass inspections, preparing the certificate of use including any conditions, and then issuing the certificate.

For further information please visit

The Desoto County web sitewww.desotobocc.com

(proposed regulatory changes being considered)