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 Monroe County
 Land Development Code
 Chapter 110. DEVELOPMENT REVIEW
 Article VI. BUILDING PERMITS

  § 110-144. Unlawful Land Uses.

Latest version.

  • The term unlawful land use, as used in this section, means any land use that has not received a permit or other official approval from the Division of Growth Management and cannot be approved on a given site pursuant to the permitted uses set forth in chapter 130, article III of this Land Development Code and/or policies related to permitted land uses in the Comprehensive Plan.

    (a)

    Building permit application improving a known, unlawful land use. The Planning and Environmental Resources Department shall not approve any building permit application for an improvement to a structure with a known, unlawful land use until the unlawful land use is either a) permitted in accordance with the Land Development Code or b) eliminated.

    (b)

    Building permit application not related to a known, unlawful land use. The Planning and Environmental Resources Department may approve a building permit application on a site with a known, unlawful land use if it is determined that the scope of work would not improve or facilitate the unlawful land use. In the event of such an approval, the county shall place a notation on the permit that the approval does not condone or approve the unlawful land use and inform the applicant that the property owner is subject to possible code compliance prosecution.

    (c)

    Building permit application improving a known, unlawful land use addressing public health and safety. Building permit applications that are limited exclusively to addressing imminent risks to public health and safety may be approved under any circumstance. By way of illustration and not limitation, building permit applications may be approved for repairs and/or replacement of roofs, other building structural components, plumbing and/or electric - however only to the extent necessary to address imminent risks to public safety and health as determined by the Planning Director, in consultation with the Building Official, County Engineer and/or Fire Marshal to determine the allowable extent of such improvements. In the event of such an approval, the county shall place a notation on the permit that the approval does not condone or approve the unlawful land use and inform the applicant that the property owner is subject to possible code compliance prosecution.

    (d)

    Nonconforming use. Building permits applications may be approved for lawful, nonconforming uses in accordance with Section 102-56.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)