Article 10

For the purpose of these zoning regulations, certain terms or words used herein shall be interpreted as follows:

a. The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

b. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

d. The words used or occupied includes the words intended, designed, or arranged to be used or occupied.

f. The word structure includes the word building as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

10.2 Defined Terms

ABUTTING . Sharing a common property line. For the purposes of this definition, properties across an intervening right-of-way shall not be considered abutting.

ACCESSORY USE OR STRUCTURE. A use or structure of a nature customarily incidental and subordinate to the principal use or structure and unless otherwise provided, on the same premises. “On the same premises” with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building.

ADULT DAY CARE. A facility, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services (see Florida Statutes Chapter 400).

ADULT ENTERTAINMENT ESTABLISHMENT. An adult entertainment establishment is any business or commercial activity which, for any reason, excludes juveniles (persons under the age of 17) or, excludes juveniles except when accompanied by a parent or legal guardian (See Sarasota County Code, Chapter 26, Article II).

ALLEY. An alley is a public or approved private way that affords a primary or secondary means of access to property abutting thereon, normally located behind the building.

ALTER or ALTERATION. Alter or alteration shall mean any change in size, shape, occupancy, character, or use of a building or structure.

ANIMAL BOARDING. The use of land for the purpose of boarding, selling, training or breeding cats or dogs for compensation, or the keeping of more than 12 dogs or cats in combination for any purpose. This term shall not include a licensed animal hospital.

ANIMAL SHELTER. A structure that is owned, operated or maintained by a public body, established humane society or other private or nonprofit organization used for the care of lost, abandoned or neglected pets.

ANIMALS, DOMESTIC. Animals that are normally considered household pets, including but not limited to dogs, cats, birds fish.

ANIMALS, EXOTIC. Animals other than domestic animals that normally live in a state of nature (the wild), are not ordinarily tame or domesticated, and are maintained and housed in accordance with all local, state and federal laws and regulations. Exotic animals are permitted in districts as specifically set out in these zoning regulations. Birds kept as household pets are considered domestic animals.

ANIMALS, FARM or LIVESTOCK or POULTRY. The keeping and raising of farm animals, livestock and poultry is permitted only as specifically set out in these zoning regulations. These include any animals raised for food or product. In addition, they include the following, regardless of purpose:

b. All members of the ovine (sheep), bovine (cows and cattle), caprine (goats), equine (horses and ponies), and swine (pigs and hogs) families;

The following animals are specifically excluded when they are not kept or raised for food or product:

ARTERIAL STREET. A street designated as an arterial in the Sarasota County Comprehensive Plan (see Figure 6-9, Year 2020 Future Thoroughfare Plan by Functional Classification).

ASSISTED LIVING FACILITY . Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator (see Florida Statutes Chapter 400). This includes nursing homes and convalescent homes.

AVIARY. A structure, enclosure, large cage or other place for keeping birds confined.

BAR or TAVERN. A bar or tavern is any establishment devoted primarily to the retailing and on premises drinking of malt, vinous, or other alcoholic beverages, or any place where any sign visible from public ways exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

BED AND BREAKFAST. A transient accommodation that is a house, or portion thereof, where lodging rooms and meals are provided.

BOARDING HOUSE. A boarding house is an establishment with lodging for four or more persons, where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu. A boarding house is intended to provide lodging accommodations for monthly periods or longer. Such accommodations are not considered transient.

BORROW PIT. An excavation area where material removed is dug and used at a location other than the site where the excavation has occurred. For the purposes of this definition, the excavation of materials associated with agricultural uses or for agricultural purposes, or the excavation of fill in conjunction with the development of land, including the platting of a subdivision, where construction plans have been approved, shall not be deemed to be a borrow pit.

BUFFER. Open spaces, landscaped areas, walls, berms, or any combination thereof used to physically separate or screen, one use or property from another so as to visually shield or block noise, lights, or other nuisances.

BUILDING. Any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, chattels, animals, or property of any kind.

BUILDABLE AREA. Buildable area shall mean the portion of a lot remaining after required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on percent of the lot which may be covered by buildings may require open area within the buildable area.

BUILDING FRONTAGE. For purposes of computation of number and area of signs permitted on buildings, in cases where lineal feet of building frontage is a determinant, the frontage of a building shall be computed as nearly at ground level as computation of horizontal distance permits. In cases where this test is indeterminate or cannot be applied, as for instance where there is a diagonal corner entrance or where two sides of a building have entrances of equal importance and carry approximately equal volumes of pedestrian traffic, the Zoning Administrator shall select building frontage on the basis of interior layout of the building, traffic on adjacent streets, or other indicators available. Building frontage shall not include those portions of a structure not having a roof impervious to weather.

BUILDING SITE. Building site shall mean the lot or lots or portion of a lot or lots used for a structure, the total area of which lots is ascribed to the building or structure for compliances with zoning regulations.

CARPORT. An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor driven vehicles owned and used by the occupants of a building to which it is accessory.

CAR WASH. Any building or premises or portions thereof used for washing cars, trucks or other similar vehicles.

CHANGE OF OCCUPANCY. A discontinuance of an existing use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

CLINIC, OUT-PATIENT MEDICAL OR DENTAL. A medical or dental clinic is an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida. A public clinic is one operated by any governmental organization for the benefit of the general public. All other clinics are private clinics.

CLUB, PRIVATE. For the purpose of these zoning regulations, private clubs shall pertain to and include those associations and organizations of a civic, fraternal or social character not operated or maintained for profit, and to which there is no unrestricted public access or use. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

CLUSTER HOUSING. Cluster housing shall consist of two or more dwelling structures, each containing one or two dwelling units, on a parcel of ground in single ownership at the time of development, with frontage on a public street or approved private street.

COLLECTOR STREET. A street designated as a collector in the Sarasota County Comprehensive Plan (see Figure 6-9, Year 2020 Future Thoroughfare Plan by Functional Classification).

COMMERCIAL RADIO AND TV RECEIVING DISH. A dish antenna structure of any configuration whose purpose is to receive relay and/or transmit communication signals between another space and/or ground transmitter relay or receptor. A dish antenna structure which serves two or more dwelling units shall be deemed commercial for the purposes of these regulations. The inclusion of commercial radio and TV receiving dishes as a permitted use, with standards, in any zoning district is not intended to affect existing rights to install non commercial dishes as permitted accessory uses within any zoning district.

COMMUNITY CENTER, PRIVATE. A community structure, which may be a clubhouse, community building or other such shared facilities, with recreational facilities that may include a swimming pool, tennis courts and other similar recreational facilities, provided that the community center does not include golf courses, driving ranges or putting greens.

COMMUNITY RECREATIONAL FACILITY. A building or structure or group of buildings or structures owned or leased and operated by an eleemosynary and not-for-profit organization holding an exemption from Federal Income Tax under Section 501(c) (3) of the Federal Internal Revenue code, or such comparable section of Federal Internal Revenue Code, which may be in force from time to time regulating exemptions from Federal Income Tax. A Community Recreational Facility provides community services, including child care services, after school care programs, summer camp programs, indoor and outdoor recreational services, fitness facilities, live stage production, museum, private club, career and life skills counseling, administrative offices, and accessory retail sales.

COMMUNITY RESIDENTIAL HOME. A dwelling unit licensed to serve clients of the Department of Children and Family Services, which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Resident means any of the following as defined in the Florida Statues: a frail elder (Section 400.618); a physically disabled or handicapped person (Section 760.22(7)(a)); a developmentally disabled person (Section 393.063(12)); a non-dangerous mentally ill person (Section 394.455(18)); or a child (Sections 39.01(14), 984.03(9) or (12) or 985.03(8)).

COMPLETELY ENCLOSED BUILDING. A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

COMPREHENSIVE PLAN. The Comprehensive Plan of Sarasota County, including all of its associated elements and the Future Land Use Map.

CONSTRUCTION, ACTUAL. The commencement and continuous uninterrupted prosecution of construction pursuant to a permit which includes the permanent placement and fastening of materials to the land or structure for which the permit has been issued. Where demolition, excavation or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Fill and the installation of the drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.

CONVENIENCE STORE. A small retail store which sells convenience items including, but not limited to food, beverages, tobacco products and similar uses as its primary sales. A convenience store may include the sale of gasoline and diesel fuel but such sales shall be accessory to the primary sale of convenience goods.

CONVENTIONAL SUBDIVISION. See Section 6.5, RSF District Development Intensity.

COUNTRY CLUB. Land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, where membership is required.

DAY CARE FACILITY. A facility that provides child care for more children than permitted in a Large Family Child Care and receives a payment, fee, or grant for any of the children receiving care, whenever operated, and whether or not operated for profit. The term does not include public and nonpublic schools, summer camps, bible schools, foster home, family day care homes or transient establishments which provide child care for their guests.

DAY FACILITY. Any non-residential facility which provides day services to developmentally disabled persons, pursuant to Florida Statutes, Chapter 393, as amended. Day service shall mean the care, protection, and supervision of a developmentally disabled person for a period of less than 24 hours a day on a regular basis which supplements for said person, in accordance with his or her individual needs, daily care, enrichment opportunities and health supervision.

DRIVE-THROUGH or DRIVE-IN. An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, or obtain goods while remaining in their motor vehicles.

DUDE RANCH. A resort offering ranch activities such as riding and camping for the entertainment of overnight or daily visitors. The facility may include equipment rental and overnight accommodations. When not entertaining overnight guests a dude ranch is considered a working ranch.

DWELLING. Any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently, with cooking and sanitary facilities.

DWELLING, MULTIFAMILY. . A building containing three or more dwelling units. This definition includes a semi-attached townhouse, townhouse, roof-deck townhouse, stacked townhouse, multiplex or apartment, as set forth in Section 6.7

DWELLING, SINGLE-FAMILY. A building containing only one dwelling unit, to be occupied by one family. This definition includes a single-family detached house, lot line house, traditional house, patio house, villa house, or atrium house, as set forth in Section 6.7, and any manufactured home and modular home. For regulatory purposes, the term is not to be construed as including mobile homes, recreational vehicles, travel trailers, housing mounted on motor vehicles, tents, houseboats, or other forms of temporary or portable housing.

DWELLING, TWO-FAMILY. One building containing only two dwelling units. This definition includes a two-family house, as set forth in Section 6.7.

DWELLING, MULTIPLE DWELLING USE. For purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:

a. Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, condominiums, and the like.

b. Where an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single, two, or multiple family dwellings in the district could be provided, the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even though the individual buildings may each contain less than three dwelling units.

c. Guest houses and servants' quarters shall not be considered as dwelling units in the computation of b. above.

DWELLING UNIT. A room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure and containing sleeping and sanitary facilities and one kitchen.

EGRESS. A grant of property rights by the property owner to, or for use by, the public, a corporation, or another person or entity to use as an exit from a specific parcel of land.

EMERGENCY SERVICES. Emergency services include police, fire, rescue, or ambulance (but not funeral home) services whether operated by a government agency or by a quasi-public agency performing a public service.

EMERGENCY MEDICAL OFFICE. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more physicians. An emergency medical clinic is not a doctor's office or a professional office.

ENTERTAINMENT . Entertainment shall include live vocalists, musicians, disc jockeys (whether speaking or not), comedians, karaoke, performers (paid or otherwise, including contestants) and the like, provided at a bar, restaurant, nightlub or other similar commercial establishment also providing food or beverages.

ENTERTAINMENT, INDOOR . Entertainment within a completely enclosed building with windows closed and doors opened only for purposes of normal ingress and egress.

ENTERTAINMENT, OUTDOOR. Entertainment not within a completely enclosed building. This definition shall include any entertainment broadcast outside a completely enclosed building, or entertainment occurring when windows are open or doors are open for purposes other than normal ingress or egress.

ERECTED. The term "erected" includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavation, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection. (See Construction, Actual.)

FAÇADE, SECONDARY. A building frontage that does not face a public or private street.

FAMILY. One or more persons occupying a single dwelling unit, provided that, unless all members are related by law, blood, adoption, marriage, or are under a judicial order for foster care, no such family shall contain over four persons, except in the RMF District where no such family shall contain more than six persons. A family consisting of individuals protected by the Fair Housing Act shall not contain over six persons in any district. Domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The term "family" shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group.

COMMENTARY: “Family” is a term used to regulate types of housing protected by the Fair Housing Act – which includes a requirement that homes providing care for the disabled and similar functions with six or fewer individuals must be treated the same way as single-family residences. However, many other uses are regulated by this ordinance – see community residential home, group home, and social service institution, for example.

FAMILY DAY CARE HOME. An occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

b. A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

d. A maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months of age.

FIRING RANGE. An indoor or outdoor facility for the firing or shooting of rifles, shotguns or pistols or similar weapons.

FISHING CAMP. A resort facility for outdoor enthusiasts that serves as a base camp for fishing expeditions. The facility may include equipment rental and overnight accommodations.

FLAG. Any fabric or other flexible material containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, lodge, fraternity or sorority, political party, nonprofit organization, charity, club, association or other entity designed to be flown from a flagpole or similar device.

FLOOR AREA. Except as may be otherwise indicated in relation to particular districts and uses, floor area shall be construed as the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and including outside decks and/or patios uses for commercial purposes including waiting areas but excluding public corridors, common restrooms, attic areas with a headroom of less than seven feet, unenclosed stair or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures, and basement space where the ceiling is not more than an average of 48 inches above the general finished and graded level of the adjacent portion of the lot.

FLOOR AREA, GROSS. Except as may be otherwise indicated in these regulations, gross floor area shall be construed as the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and including outside decks and/or patios uses for commercial purposes.

FULL CUT-OFF LIGHT FIXTURE. A lighting fixture where no light is emitted above the horizontal plane.

FULLY-SHIELDED LIGHT FIXTURE. A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.

FUTURE LAND USE MAP. The future land use map contained in the Comprehensive Plan.

GARAGE, PARKING. A building or portion thereof designed or used for temporary parking of motor vehicles.

GARAGE, PRIVATE. An accessory structure designed or used for inside parking of private passenger vehicles, recreational vehicles, or boats, by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. An unattached private garage is to be considered as an accessory building.

GARAGE, STORAGE. A storage garage is a building or portion thereof designed and used exclusively for the storage of motor vehicles or boats, and within which temporary parking may also be permitted.

GOLF PUTTING COURSE. A recreational facility in which a participant uses a golf ball and putter to traverse a course devoid of vertical structures.

GROUP HOME. A facility licensed to serve clients of the Department of Children and Family Services that provides a living environment for 15 or more unrelated residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Resident means any of the following as defined in the Florida Statues: a frail elder (Section 400.618); a physically disabled or handicapped person (Section 760.22(7)(a)); a developmentally disabled person (Section 393.063(12)); a non-dangerous mentally ill person (Section 394.455(18)); or a child (Sections 39.01(14), 984.03(9) or (12) or 985.03(8)). (See also Community Residential Home)

GUEST HOUSE. A guest house is a dwelling unit in a building separate from and in addition to the principal residential building on a lot.

GUEST ROOM. A room or suite of rooms in a transient accommodation that does not include a kitchen.

HISTORIC STRUCTURE. Structures listed in the Sarasota County Local Register of Historic Places in accordance with Sarasota County Code Chapter 66, Article III, as amended.

HOME OCCUPATION. A business, profession, occupation or trade conducted for gain or support within a residential dwelling (see Section 5.4.4.f).

HOME-BASED BUSINESS. A business, profession, occupation or trade conducted for gain or support within a residential dwelling or its accessory buildings that requires employees, customers, clients or patrons to visit the home (see Section 5.4.4.f).

HOUSING FOR FARM OR RANCH LABOR. An accessory structure or structures located on the same property as an active agricultural operation (see 5.2.2.a), used for the purpose of housing persons who derive all or part of their income from labor performed on the active agricultural operation.

HUNTING CAMP. A resort facility for outdoor enthusiasts that serves as a base camp for hunting or fishing expeditions. The facility may include equipment rental and overnight accommodations.

INGRESS. A grant of property rights by the property owner to, or for use by, the public, a corporation, or another person or entity to use as an entrance to a specific parcel of land.

KITCHEN. An area within a structure used for preparation or cooking of food which contains a sink and a significant cooking appliance. (electric/gas range with or without oven). In all districts, significant cooking appliances also shall include, but not be limited to: stoves, microwaves or other ovens, hot plates or cook tops. Significant cooking appliances shall not include grills for exterior use or any cooking appliances in an assisted living facility. Multiple appliances within a space occupied as a single household unit by the same family and not rented separately shall constitute one kitchen.

LANDSCAPING. Landscaping shall consist of, but not be limited to, grass, ground covers, shrubs, vines, hedges, trees, berms and complementary structural landscape architectural features such as rock, fountains, sculpture, decorative walls and tree wells. Where a landscaped buffer is required by these zoning regulations, the use of only grass and/or ground covers shall not constitute a landscaped buffer (See also Section 7.3, Landscaping and Buffering).

LARGE FAMILY CHILD CARE HOME. An occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. One of the two full-time child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for 2 years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home. A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

b. A maximum of 12 children, with no more than 4 children under 24 months of age.

LEVEL OF SERVICE. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility.

LIVESTOCK AUCTION. A commercial establishment wherein livestock is collected for auctioning.

LIVE-WORK UNIT. A space within a building used jointly for commercial and residential purposes. See Section 5.3.2.e.

LOADING SPACE, OFF-STREET. Off-street loading space is space logically and conveniently located for pickups or deliveries or for loading or unloading, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. (See also Section 7.1.15, Off-Street Loading.)

LOT. For purposes of these zoning regulations, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required (provided that certain nonconforming lots of record at the effective date of these zoning regulations or their amendment are exempted from certain of its provisions under the terms of Section 8.4, "Nonconforming Lots of Record"). Such lot shall have frontage on a public street or on an approved private street, as set out in Section 7.2.1, and may consist of:

c. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record.

d. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these zoning regulations.

LOT FRONTAGE. The frontage of an interior lot shall be construed to be the portion nearest the street. (See also Building Frontage.)

LOT MEASUREMENT, DEPTH. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

LOT OF RECORD. A lot of record is (1) a lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Sarasota County, or (2) a lot or parcel described by metes and bounds. The description of a lot of record shall have been recorded on or before November 11, 1975.

LOT TYPES. The diagram which follows illustrates terminology used in these zoning regulations with reference to corner lots, interior lots, reversed frontage lots and through lots.

a. Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

b. Interior lot, defined as a lot other than a corner lot with only one frontage on a street.

c. Through lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

d. Reversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.

MANUFACTURED HOME. A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility after June 15, 1976 in one or more sections, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site. Also known as a “HUD-Code Home.” This definition does not include recreational vehicle, mobile home or modular home.

MANUFACTURED HOME PARK. The premises where manufactured or mobile homes are installed for non-transient living or sleeping purposes and where sites or lots are set aside or offered for lease or rent for use by mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of manufactured or mobile homes on such premises. This term shall also apply to condominium sale and ownership of manufactured or mobile home units in compliance with all applicable Florida Statutes.

MANUFACTURED HOME SITE. A lot or parcel of ground within a manufactured home park, designated for the accommodation of not more than one manufactured or mobile home.

MANUFACTURED HOME SUBDIVISION. The premises where manufactured homes are installed for non-transient living or sleeping purposes and where lots are set aside or offered for sale for use by manufactured homes for living or sleeping purposes in accordance with Sarasota County Land Development Regulations, including any land, building, structure, or facility used by occupants of manufactured homes on such premises. This term shall also apply to condominium sale and ownership of manufactured home units in compliance with all applicable Florida Statutes.

MARINA or BOAT LIVERY. A marina or boat livery is a commercial establishment with a waterfront location for the provision of: rental of covered or uncovered boat slips or dock space or dry storage space rental and/or sale of boats and boat motors, repair and maintenance of boats and boat motors, marine fuel and lubricants, bait and fishing equipment, on-shore restaurants, and small boat hauling or launching facilities. Marinas and boat liveries shall provide sewage pump-out facilities and employ adequate spill containment equipment if petroleum or other such products are sold on the premises. Such premises or site shall not include boat and/or motor manufacturing as an incidental uses. A boat sales lot is not a marina or boat livery.

MEAN HIGH WATER LINE. Mean high water line is the intersection of the tidal plane of mean high water with the shore as established by the Florida Coastal Mapping Act of 1974, Chap. 74 56, Laws of Florida.

MINING ACTIVITY. The term "mining activity" shall be defined as provided in Sarasota County Code Chapter 54, Article X.

MOBILE HOME. A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility before June 15, 1976, in one or more sections, designed to be transported for installation or assembly at the building site. Sections do not carry the HUD Code Seal. This definition does not include recreational vehicle, manufactured home or modular home.

MODEL HOME. A residential structure used for demonstration and sales purposes, not occupied as a dwelling unit, and open to the public for inspection.

MODULAR HOME. A structure designed to be used as a dwelling unit when connected to the required utilities that is in whole or in part manufactured at an offsite facility, built in accordance with Chapter 553, Florida Statutes and regulated by Florida’s Department of Community Affairs or its successor state agency, and assembled onsite. Also known as a “DCA Home.” This definition does not include recreational vehicle, manufactured home or mobile home.

NEIGHBORHOOD RESOURCE CENTER. A building or structure or groups of buildings or structures owned or leased and operated by an eleemosynary and not-for-profit organization holding an exemption from Federal Income Tax under Section 501(c)(3) of the Federal Internal Revenue Code, or such comparable section of the Federal Internal Revenue Code which may be in force from time to time regulating exemptions from Federal Income Tax. A Neighborhood Resource Center provides community services including vocational assessment, referral, placement and training services, work experience training, child care services, career and life skills counseling and housing assistance. Consulting for other community services providers, use of the Neighborhood Resource Center as a neighborhood meeting facility, and the acceptance and resale of donated items is allowed. No on-premise rehabilitation or repair of donated items is allowed.

NIGHTCLUB. A nightclub shall mean a restaurant, dining room, bar, or other similar establishment providing food or beverages wherein entertainment is provided indoors for customers as a part of the commercial enterprise. This definition includes any activities approved by a special exception for a nightclub prior to October 27, 2003. See also the definition of Entertainment.

NONCONFORMING LOT or STRUCTURE, USE OF LAND, CHARACTERISTICS OF USE, ETC. (See Article 8, Nonconformities.)

OCCUPIED. The term "occupied" includes arranged, designed, built, altered, converted to, or intended to be used or occupied.

OPEN SPACE. For the purpose of these zoning regulations, open space shall be property under public or private ownership which is unoccupied or predominately unoccupied by buildings or other impervious surfaces and which is used for parks, recreation, agriculture, conservation, preservation of native habitat and other natural resources, surface water impoundment, historic, or scenic purposes. See Section 6.2.7, Open Space.

OPEN SPACE SUBDIVISION. See Section 6.5, RSF District Development Intensity.

OUTDOOR DISPLAY. The outdoor display of products actively available for sale for less than 24 hours a day. This definition does not include products in shipping boxes, crates, on pallets, or other shipping containers, which shall be considered outdoor storage.

OUTDOOR FARMERS MARKET. An outdoor facility with or without a structure principally for the sale of produce, plants, and flowers. Value-added agricultural products such as honey or jam, along with hand-made craft items, may be sold, provided their sale is ancillary to the sale of produce, plants and flowers.

OUTDOOR STORAGE. The outdoor storage of products, whether for sale or as material for processes occurring on the site, generally for more than 24 hours a day. This definition expressly includes any products on pallets, in shipping containers or in crates.

OUTPARCEL. A parcel of land, generally located on the perimeter of a larger parcel of commercial land and often subordinate to the larger parcel for access, parking and drainage purposes.

PACKAGE OR LIQUOR STORE. A package store is a place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

PACKING HOUSE. A packing house is a facility for packaging fruits or vegetables, but not including the packaging of citrus concentrate on the premises.

PARKING SPACE, OFF-STREET. A space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

PATIENT FAMILY ACCOMMODATION. A dwelling unit or other accommodation used as a dwelling unit or other place of human habitation with sleeping accommodations that is rented, leased or sub-leased for less than monthly periods for the exclusive use of patients and their family and friends. Monthly shall mean either a calendar month or 30 days.

PLACE OF WORSHIP. A building or structure, or groups of buildings or structures that by design, construction or use are intended for conducting organized religious services and associated accessory uses by religious institutions. A religious institution is a church, synagogue, ecclesiastical or denominational nonprofit corporation.

PLANNED DEVELOPMENT. A planned development (a) is land under unified control, planned and developed as a whole in a single development operation or approved programmed series of development operations (b) includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part, (c) is developed according to comprehensive and detailed plans which include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings, and (d) includes a program for full provision maintenance, and operation of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the planned development, but will not be provided, operated, or maintained at public expense.

PLANNING DIRECTOR. The Executive Director of the Growth Management Business Center or designees.

PORCH. A porch is a roofed-over space, with the roof impervious to weather, attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

POST OFFICE. A facility designated or licensed by the federal government to sell U.S. postage stamps and U.S. postal products and accept mail and packages for delivery to addresses.

PRE-ENGINEERED METAL BUILDING SYSTEM. Pre-engineered metal building system means a metal structure having an exterior finish guaranteed against rust for at least 20 years by the manufacturer, modularly designed to enable replication on a mass basis through standardized structural systems, the plans for which are signed and sealed by a Florida Registered Professional Engineer and meet the hurricane wind loading requirements and other applicable provisions of the Sarasota County Building Code for commercial buildings.

PUBLIC FACILITIES. Public facilities shall mean major capital improvements, including but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

RECREATIONAL VEHICLE. A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of the State of Florida, must comply with the length and width provisions of F.S. §316.515, as that section may hereafter be amended. As defined below, the basic entities are:

a. The "travel trailer," including a fifth-wheel travel trailer which is a vehicular portable unit, mounted on wheels of such a size or weight as not to require special highway movement permits, which are drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than 8 1/2 feet and an overall body length of no more than 40 feet when factory-equipped for the road.

b. The "camping trailer," which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational camping or travel use.

c. The "truck camper," which is a truck equipped with a portable unit designed to be loaded onto or attached to the bed or chassis of the truck and constructed to provide temporary living quarters for recreational camping or travel use.

d. The "motor home," which is a vehicular unit which does not exceed 40 feet in length and the height and the width limitations provided in S. 316.515, is a self-propelled motor vehicle and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

e. The "private motor coach," which is a vehicular unit, which does not exceed the length, width and height limitations provided in S. 316.515(9), is built on a self-propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

f. The "van conversion," which is a vehicular unit which does not exceed the length and width limitations provided in S. 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping and travel use.

g. The "park trailer," which is a transportable unit which has a body width not exceeding 14 feet and which is built on single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet, when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body of the opposite end of the body), including any protrusions.

RECREATIONAL VEHICLE PARK/CAMPGROUND. A place with six or more sites set aside and offered by a person or public body, for lease, rent or sale in any form to be occupied by recreational vehicles or tents utilized for sleeping or eating. The term also includes accessory buildings, sites set aside for group camping, and similar recreational facilities. A recreational vehicle park is not intended to be used for permanent, year-round occupancy and no recreational vehicle in any such park shall be occupied on a permanent basis. The terms campground, camping resort, RV resort, travel resort, and travel park or any variations of these terms, shall be considered synonymous with the term recreational vehicle park.

REDEVELOPMENT. Clearance, rehabilitation and revitalization areas that are deteriorating and economically distressed.

REHABILITATIVE CLINIC. A rehabilitative clinic is an establishment where persons who are dependent on toxic substances, such as drugs or alcohol, are counseled in individual or group therapy sessions. Such establishments shall be licensed by the State of Florida and regulated by Florida Statute. Persons shall not be lodged overnight in rehabilitative clinics.

RESIDENTIAL CHARACTER. The combination of qualities or features of a structure or area resulting in the perception that the structure or area is primarily used for the purpose of residential dwellings.

RESIDENTIAL LEASING OFFICE. An on-site office offering exclusively the sale, leasing or rental of multifamily residential units located within that specific multifamily residential complex.

RESIDENTIAL MIGRANT HOUSING. A dwelling unit or dwelling units, which may be a single family, multifamily, or mobile home, together with the land appertaining thereto, constructed, established, or furnished as an incident of employment on the same parcel of land as living quarters for seasonal, temporary, or migrant farmworkers whether or not rent is paid or reserved in connection with the use or occupancy of such premises. Any single family or mobile home dwelling unit which is not adjacent to or contiguous with other residential migrant housing, and which is occupied by one migrant farmworker family, shall be excluded from this definition.

RESTAURANT. An establishment where food is ordered, prepared and served for pay.

RETREAT CENTER. A private establishment consisting of a detached structure or structures located in a setting in which lodging units are offered to transients for compensation as the principal use, along with conference and meeting facilities, restaurant or banquet facilities, and recreational amenities.

ROOMING UNIT. A room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating.

RURAL RETREAT CENTER. A building or structure, or group of buildings or structures located in areas designated as Rural on the Comprehensive Plan Future Land Use Map that are intended to be reserved in advance for conducting organized group meetings or events. Rural retreat centers may include meeting rooms, common dining facilities, overnight accommodations and an auditorium or sanctuary.

SHORT TERM RENTAL. Rental of a residential dwelling unit in an RMF District on the Barrier Islands for a period of less than 30 days. A short term rental is not a transient accommodation.

SIGN, ABANDONED. A sign which depicts or refers to a product, business, service, activity, condition or person which has changed in such a fashion that the sign no longer correctly identifies or describes him, her, or it; and which no longer exists at the location referred to in the sign. For the purposes of this definition, a Class B sign shall not be deemed to be abandoned during the time period that the sign face is being replaced to advertise another product or service, or during time periods when the sign face may be vacant and advertising the availability of the sign for rent.

SIGNIFICANT HISTORIC RESOURCES. Those properties that are listed as significant historic resources in accordance with Chapter 66, Article III, Section 66-74(a) of the Sarasota County Code and those included in the “Director’s List of Significant Historic Resources in Sarasota County” in accordance with Chapter 66, Article III, Section 66-74(c).

SPECIAL EXCEPTION. A special exception is a use that would not be appropriate generally or without restriction throughout a zoning division or district but which if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or district as a special exception, if specific provision for such a special exception is made in these zoning regulations.

STABLE, PRIVATE. A stable where such horses are owned by the owners or occupants of the premises and are not kept for remuneration, hire, or sale.

STORY. The term "story" shall mean that part of a building contained between any floor and the floor or roof next above.

STREET. A street is a public or approved private thoroughfare which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress, regardless of the descriptive term used. (See also Land Development Regulations.)

STRUCTURE. Buildings as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

TOURIST ATTRACTION. A natural or man-made feature or characteristic that travelers from outside of Sarasota County visit for pleasure or educational purposes.

TRANSFER OF DEVELOPMENT RIGHTS. A means of transferring residential density authorized pursuant to these regulations from one parcel in an RSZ (Residential Sending Zone) district to another parcel in the RRZ (Residential Receiving Zone) district or CSZ (Conservation Sending Zone) district to another parcel in the RRZ (Residential Receiving Zone) district, HDRRZ (High Density Residential Receiving Zone) district, FUD (Future Urban Development) overlay district, or FURRZ (Future Urban Residential Receiving Zone) district. (See also Section 3.17, Transfer of Development Rights.)

TRANSFER PERMIT. Transfer Permit means a permit issued by the Board of County Commissioners authorizing the transfer of rights to develop a specified number of units from one parcel in an RSZ (Residential Sending Zone) district to another parcel in the RRZ (Residential Receiving Zone) district or CSZ (Conservation Sending Zone) district to another parcel in the RRZ (Residential Receiving Zone) district, HDRRZ (High Density Residential Receiving Zone) district, FUD (Future Urban Development) overlay district, or FURRZ (Future Urban Residential Receiving Zone) district.

TRANSIENT ACCOMMODATION. A transient accommodation means a dwelling unit or other accommodation used as a dwelling unit or other place of human habitation with sleeping accommodations (hereinafter collectively referred to as "an accommodation") which is rented, leased or sub leased for less than monthly periods or which is subject to time sharing pursuant to general law for less than monthly time share periods. "Monthly" shall mean either a calendar month or 30 days. Transient accommodations shall include hotels, motels, bed and breakfasts, boatels or other similar uses. A transient accommodation shall be considered a residential use for density purposes. Each transient unit not having a kitchen shall be equal to ½ dwelling unit. Each transient unit having a kitchen facilities shall be equal to one dwelling unit.

a. An accommodation is not a transient accommodation if it is rented, leased, or sub leased for monthly periods or longer, but with a beginning or ending period of less than a month.

b. An accommodation is not a transient accommodation if it is being rented or leased for less than monthly periods by the seller of the accommodation prior to the sale or prior to vacating the premises after sale to a purchaser.

c. An accommodation is not considered a transient accommodation if it is a dwelling unit, zoned RMF or RMF/SKOD, located on the Barrier Islands, and rented for periods of less than 30 days or a calendar month, whichever is less.

d. Transient accommodations are allowed only in those zoning districts which list such uses as a permitted use or a special exception use.

TRANSMISSION TOWER. See Article II, Chapter 118 of the Sarasota County Code, as may be amended.

TRUCK STOP. A truck stop is an establishment where the principal use is primarily the refueling and servicing of trucks and tractor trailer rigs. Such establishments may have restaurants or snack bars and sleeping accommodations for the drivers of such over the road equipment and may provide facilities for the repair and maintenance of such equipment.

UPPER-STORY RESIDENTIAL. Residential dwelling units located above other nonresidential uses, or attached to such uses at the ground level.

USE. The term "use" shall mean the purpose for which land or water or a structure thereon is designated, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by these zoning regulations.

USE OF LAND OR WATER. The term "use of land or water" includes use of land, water surface, and land under water to the extent covered by zoning districts, and over which the County has jurisdiction.

VARIANCE. A variance is a relaxation of the terms or development standards of these zoning regulations. (see Section 3.10.)

WILD ANIMAL SANCTUARY. A parcel of land set aside for the protection, shelter and refuge of exotic animals or birds. A wild animal sanctuary shall not be used for commercial purposes.

YARD. A yard is a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment, and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to height limitations and requirements limiting obstructions to visibility.

YARD, WATERFRONT. A waterfront yard is a yard required on waterfront property with depth measured from mean high water line. Waterfront property is hereby defined as property abutting on the Gulf of Mexico, bays, bayous, navigable streams, and on man created canals, lakes, or impounded reservoirs; provided, that such canals, lakes, or reservoirs totally within the boundaries of a parcel shall not require waterfront yards.

Article 10 Definitions

10.1 General

10.1.1. Interpretation of Certain Words or Terms

10.2 Defined Terms