LAND USE: State restricts local land use regulations

FROM PAGE 4 construction, reconstruction or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before Oct. 1, 2024. Any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation or procedure shall be null and void ab initio. This applies retroactively to Sept. 28, 2022.”

During that May discussion, Vose said she believes Anna Maria is located within 100 miles of where Hurricane Ian made landfall in southwest Florida in September 2022.

“Jurisdictions within that distance on both the east coast and the west coast have to put a pause on changes to their comp plan and land development regulations if they result in something more restrictive or burdensome,” Vose said.

Additional research conducted by Vose and Mayor Dan Murphy confirmed Anna Maria is located within 100 miles of Hurricane Ian’s landfall. Bradenton Beach and Holmes Beach also fall within that 100-mile range.

The new state law still allows comp plan and land development code amendments pursued through a local government but initiated by a private property owner.

Inspection Fees

The state law also addresses building inspection fees and says, “local governments located in areas designated in the Federal Emergency Management Agency disaster declarations for Hurricane Ian or Hurricane Nicole may not raise building inspection fees before Oct. 1, 2024. This expires June 30, 2025.”

Jurisdictions within that distance on both the east coast and the west coast have to put a pause on changes to their comp plan and land development regulations if they result in something more restrictive or burdensome.”

Vose, Anna Maria city attorney

According to Vose, the inspection fee restriction applies to all Florida cities because FEMA issued disaster declarations in every county in Florida because of Hurricane Ian or Hurricane Nicole.

Temporary Shelter

The new state law declares a municipality may not prohibit the placement of one temporary shelter on a residential property for up to 36 months after the date of the declaration if the property’s permanent residential structure was damaged and rendered uninhabitable. The resident must make a good faith effort to rebuild or renovate the damaged permanent residential structure. Additionally, the temporary shelter is required to be connected to water and electric utilities, must not present a safety threat and the resident must live in the temporary structure.