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Charlotte County BZA denies appeal to allow outdoor storage of heavy machinery in MHC district
Summary
The Board of Zoning Appeals denied an appeal from Punta Gorda resident Cody Richard to allow outdoor storage of heavy machinery and road millings at his Pine Villa Circle property, citing county code that requires such equipment be kept in a fully enclosed building to avoid setting a countywide precedent.
The Charlotte County Board of Zoning Appeals voted on July 9 to deny appeal APL‑25‑001, which sought permission for a resident to keep heavy machinery and road millings outdoors in a Manufactured Home Conventional (MHC) district.
Senior planner Elizabeth Nocek presented the staff report and told the board the zoning official had determined in April 2025 that outdoor storage of any kind is not permitted in MHC zoning and that heavy machinery is only permitted in industrial zoning. Nocek said the applicant had been cited under code enforcement case COD‑25‑00468 following a neighbor complaint and that staff recommends upholding the zoning official’s determination. "Staff recommends the board of zoning appeals uphold the determination of the zoning official," Nocek said.
Applicant Cody Richard told the board he keeps a loader and millings at his property at 29359 and 29355 Pine Villa Circle to maintain a long private road used by neighbors who are often on fixed incomes. "I did all of it for free," Richard said, describing repeated volunteer efforts to grade and patch the road. He said hauling the loader to and from the nearest yard would cost about $600–$1,200 per trip and that building an enclosed structure large enough to store the equipment would be prohibitively expensive.
Board and staff members focused on the legal limits of board authority and the risk of creating a countywide precedent. Assistant county attorney Kimlyn Walker warned, "If you do permit this, you'd be setting a precedent, and look at the larger area of the county that you would be ... possibly having requests come in." Staff and counsel repeatedly told the board it cannot change zoning regulations or rezone property; rezoning would require property‑owner participation and, if initiated by the county, could amount to a downzoning.
A board member moved to deny APL‑25‑001 based on the July 2 staff report and the evidence presented at the hearing, finding the applicant had not met the approval criteria. The motion was seconded and passed by voice vote; all members present voted in the affirmative.
The denial leaves the county code enforcement determination in place: under current Charlotte County zoning regulations, outdoor storage of heavy machinery in residential zoning must be within a fully enclosed building to be lawful. Staff noted alternatives available to the applicant, including constructing a fully enclosed building consistent with section 3‑9‑37 of the county code or pursuing a voluntary rezoning with all affected property owners.
