Bay County planning commission backs Chapter 13 text amendments to Land Development Regulations

The Bay County Planning Commission voted unanimously June 17 to recommend the Board of County Commissioners approve text amendments to Chapter 13 of the Bay County Land Development Regulations.

Staff described the package at the commission's legislative public hearing. "As noted, staff is proposing text amendments to the Land Development Regulations, Chapter 13," a staff member said, listing changes to Section 13.02 (home occupations and home offices of convenience), Section 13.03 (definition of nightclub), Section 13.05 (front-yard setback) and Section 13.06 (regulations for cannabis dispensing facilities).

The changes, staff said, incorporate existing language from the Bay County Code of Ordinances and update the LDR to comply with state statutory preemption for cannabis businesses. "Not only does it mimic it, it brings us in compliant with state regulations that stipulate that we cannot require some of the things that we've been requiring," the staff member said. Staff also told the commission there was no public comment on the proposed amendments.

Commissioners asked no substantive follow-up questions during the hearing. Commissioner Christie, Commissioner Carter, Commissioner Hayman and Commissioner Hammond voted in favor after a motion to support the staff recommendation. The commission's action is advisory; final approval rests with the Board of County Commissioners.

Why it matters: The amendments change local land-development rules that affect home-based businesses, nightlife uses and prospective cannabis dispensaries. Staff told the commission the revisions align the county's zoning rules with existing county ordinance language and with state requirements that limit local regulation of cannabis dispensing facilities.

What changed and what remains to be decided: Staff identified four areas of text change: clarifying standards for home occupations and home offices of convenience (Section 13.02); aligning the LDR’s nightclub definition with language already contained in Section 3.5 of the Bay County Code of Ordinances (Section 13.03); specifying rules for front-yard setback encroachments (Section 13.05); and amending Section 13.06 to make regulations for cannabis dispensing facilities consistent with statutory preemption at the state level. The commission recommended approval and forwarded the amendments to the Board of County Commissioners for final action. The BOCC is the deciding body.

Meeting context and process notes: The item was heard as a legislative public hearing; staff presented the draft text amendments and recommended the commission find the proposal consistent with the comprehensive plan and land development regulations. The commission had no public speakers on the item, debated it briefly, and made a recommendation to the BOCC. The vote on the recommendation was recorded as unanimous in favor.

Next steps: The Board of County Commissioners will consider the Planning Commission's recommendation at a future BOCC meeting. The commission's recommendation does not by itself change county regulations.