Ordinance #2003-052 Sarasota County, Florida

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Table of Contents

Article 1. General Provisions

1.1      Short Title
1.2      Components of Zoning Regulations
1.3      Authority
1.4      Purpose
1.5      Jurisdiction
1.6      Minimum Requirements
1.7      Conflicting Provisions
1.8      Effect of Stipulations
1.9      Transitional Provisions

Article 2. Development Review Bodies

2.1      Board of County Commissioners
2.2      Planning Commission
2.3      Board of Zoning Appeals
2.4      Zoning Administrator
2.5      Design Administrator
2.6      Summary of Authority

Article 3. Development Review Procedures

3.1      Shared Review Procedures
3.2      Building Permit
3.3      Certificate of Occupancy
3.4      Temporary Use Permit
3.5      Sign Permit
3.6      Master Sign Plan
3.7      Written Interpretation
3.8      Administrative Adjustment
3.9      Site and Development Plan
3.10    Variance
3.11    Administrative Appeal
3.12    Zoning Map Amendment (Rezoning)
3.13    Zoning Text Amendment
3.14    Planned Development Districts
3.15    Development Concept Plans
3.16    Special Exceptions
3.17    Transfer of Development Rights

Article 4. Zoning Districts

4.1      Districts Enumerated
4.2      Official Zoning Atlas
4.3      Rules for Interpretation of District Boundaries
4.4      Definitions of Groupings of Various Districts
4.5      Open Use District Intent Statements
4.6      Residential District Intent Statements
4.7      Commercial and Industrial District Intent Statements
4.8      Planned District Intent Statements
4.9      Special Purpose Districts
4.10    Special Purpose Overlay Districts
4.11    TDR Overlay District Intent Statements
4.12    Inactive Districts

Article 5. Use Regulations

5.1      Use Table
5.2      Use Categories
5.3      Limited and Special Exception Use Standards
5.4      Accessory Uses and Structures
5.5      Temporary Uses

Article 6. District Development Standards

6.1      Application of District Regulations
6.2      Measurement of Standards
6.3      Open Use District Development Intensity
6.4      OUE and RE District Development Intensity
6.5      RSF District Development Intensity
6.6      RMF District Development Intensity
6.7      Housing Types
6.8      RMH District Development Intensity
6.9      Manufactured Homes, RV Parks and Campgrounds
6.10    Commercial and Industrial District Standards
6.11    Planned Development District Standards

6.12    TDR Overlay District Development Standards

Article 7. General Development Standards

7.1      Off-Street Vehicular Facilities: Parking and Loading
7.2      Access and Circulation
7.3      Landscaping and Buffering
7.4      Signs
7.5      Outdoor Lighting
7.6      Outdoor Display and Storage
7.7      Architectural and Design Standards

Article 8. Nonconformities

8.1      General
8.2      Nonconforming Uses
8.3      Nonconforming Structures
8.4      Nonconforming Lots of Record
8.5      Nonconforming Residential Density
8.6      Nonconforming Characteristics of Use
8.7      Nonconformities in General
8.8      Elimination of Nonconforming Status

Article 9. Enforcement

9.1      Violations
9.2      Complaints Regarding Violations
9.3      Penalties for Violation, Resort to Other Remedies
9.4      Cumulative Violations
9.5      Repeat Violations
9.6      Prosecution Subject to Previous Zoning Regulations

Article 10. Definitions

10.1    General
10.2    Defined Terms


Article 6.    
District Development Standards

COMMENTARY: This Article contains the development standards that vary by district. The general development standards of Article 7 may also apply.

6.1     Application of District Regulations

The regulations within each district shall be minimum or maximum limitations, as the case may be and shall apply uniformly to each class or kind of structure, to each use, and to all land or water. The following general regulations shall apply, except where expressly modified elsewhere in these zoning regulations.

6.1.1.       Zoning Affects Use or Occupancy

No building, structure, land, or water shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

6.1.2.       Zoning Affects Height, Population Density, Coverage, Yards, and Open Spaces

No building or structure shall hereafter be erected or altered in any manner contrary to the provisions of these zoning  regulations, including, but not limited to:

a.          Exceeding height, bulk, or floor area;

b.         Providing a greater number of dwelling units;

c.          Providing less lot area per dwelling unit;

d.         Occupying a greater percentage of lot area;

e.         Providing narrower or smaller yards, courts, or other open spaces; or

f.           Providing less separation between buildings or structures or portions of buildings or structures.

6.1.3.       Multiple Use Prohibited

No part of a required yard or other required open space, or required off-street parking or off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made in these zoning regulations.

6.1.4.       Reduction of Lot Area Prohibited

a.        No lot or yard existing on October 27, 2003, shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except as set forth in se b. below. Lots or yards created after October 27, 2003 shall meet the minimum requirements established herein.

b.        At the request of the property owner, and upon submission of documentation acceptable to the County Attorney establishing that land was transferred to any government agency through dedication or condemnation, the Zoning Administrator shall have the authority to grant a reduction in the setback, landscaping and lot dimensional requirements. Any such reduction shall be reviewed as an Administrative Adjustment in accordance with Section 3.8.

6.1.5.       Continuity of Zoning

In the event any unincorporated territory within Sarasota County shall hereafter become incorporated, to ensure that there shall be no lapse of zoning, any and all zoning regulations which may be in effect in such territory and administered by the County shall remain in full force and effect and shall continue to be administered and enforced by the County under this zoning law until such time as municipal zoning within such territory shall be adopted and take effect.

 

 

6.2     Measurement of Standards

6.2.1.       Building Coverage

The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings. Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, swimming pools or pool cages, or roof overhangs of less than three feet.

COMMENTARY: The Siesta Key Overlay District includes restrictions on maximum impervious coverage on a lot in single-family residential districts (see 4.10.4.i).

6.2.2.       Daylight Plane

a.        Within the RE, RSF and RMF-1 districts, all structures located in A-Zones or V-Zones as depicted on the Flood Insurance Rate Maps (FIRMs), as amended, except within Planned Unit Developments, shall not be of such a height or size that they penetrate the daylight plane, which is an angle of 45 degrees (a 12:12 slope) measured vertical from the side yard setback lines, and beginning at 25 feet above the greater of the predevelopment grade of the parcel or the FEMA or State-mandated elevation of the structure, said plane projecting upward toward the center of the parcel. However, in the Casey and Manasota Key Conservation Districts, the 45 degree daylight plane shall begin at 20 feet above the greater of the predevelopment grade of the parcel or the FEMA or State-mandated elevation of the structure.

b.       Exceptions to this height restriction are as set forth in 6.2.4 and as provided below. (See also Section 8.3.1.b, Nonconforming Structures.)

c.          The daylight plane requirements above shall not apply to:

1.        Roof overhangs of three feet or less;

2.        Dormers that do not exceed a combined 12 feet in length per side of the structure or 25 percent of the length of the side of the structure upon which the dormers are located (excluding roof overhang), whichever is less.

6.2.3.       Density

a.          The number of residential dwelling units permitted per gross acre of land.

b.         In the determination of the number of residential dwelling units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

6.2.4.       Height

a.        Height of building is the vertical distance above finished grade to the highest point of a flat roof, to the deck line of a mansard roof, or to the average height between the plate and the ridge of a gable or hip roof.

b.        The height of a stepped or terraced building is the maximum height of any segment of the building.

c.        In flood-prone areas where minimum floor elevations have been established by law, which exceed the minimum point of measurement established by this Section, the building height shall be measured from such required minimum floor elevations.

d.         Height limitations do not apply to the following features:

1.       Spires, belfries, or cupolas; flagpoles; antennas in conformance with Article II, Chapter 118 of the Sarasota County Code; water tanks or fire towers; heating, ventilation or air conditioning equipment, elevator shafts, chimneys, and any required screening parapet wall, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy;

2.        Feed storage structures; or

3.       Airport control towers, provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports.

e.       In all residential districts, rooftops may be used for accessory uses such as swimming pools, spas, cooking facilities, playing courts, wet bars, railings, tables, chairs, umbrellas, tents and similar uses, provided no portion of any such accessory use shall exceed the maximum height limit for the zoning district.

f.         Notwithstanding the foregoing, on the Barrier Islands, in residential districts, where building height is required by law to be measured from an established minimum floor elevation, the only exclusions from height limits shall be for heating, ventilation, air conditioning equipment and antennas in conformance with Article II, Chapter 118 of the Sarasota County Code, as may be amended.

 

6.2.5.       Lot Area

Minimum lot areas shall be exclusive of public rights-of-way or private streets and all lands seaward of the mean high water line, except as expressly provided for in 6.3.2.c and 6.4.2.b below.

6.2.6.       Lot Width

Width of a lot shall be considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rear-most points of the side lot lines in the rear. The width between the side lot lines at their foremost points in the front shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the width shall not be less than 60 percent of the required lot width or 60 feet, whichever is smaller.

6.2.7.       Open Space

a.        The minimum open space required in a development under common ownership or unified control, or within a subdivision, shall be property under public or common private ownership. Such open space may be held privately. All open space shall be unoccupied or predominately unoccupied by buildings or other impervious surfaces. Unoccupied or predominately unoccupied by buildings or other impervious surfaces shall mean that not more than five percent of the area of any required open space shall be occupied by such surfaces.

b.        Open space may be used for parks, recreation, agriculture, conservation, preservation of native habitat and other natural resources, stormwater management, historic or scenic purposes. When used for recreation, the following shall apply:

1.        Recreational activities in conservation or preservation open space areas shall maintain the areas in their natural state with little or no land disturbance.  Structures are limited to improvements such as boardwalks, permeable pathways and signage necessary for resource management.

2.        Recreational activities in all other open space areas may include, but are not limited to, structures or other active, player-oriented facilities such as playgrounds, ballfields, golf courses, club houses, tennis courts and associated accessory facilities such as parking areas and restrooms, subject to the limits on occupation of open space in section a. above.

c.        Any property within 20 feet of any structure (except any accessory structures within the designated open space) or having a dimension of less than 15 feet, regardless of ownership, shall not be considered open space in meeting the requirements of these regulations.

d.        Required open space in residential districts shall be measured exclusive of any individual lots, except in an Open Use District or the RE-1 or RE-2 Districts.

e.        Where areas within a development are identified as native habitat (see the Sarasota County Comprehensive Plan), said areas shall be utilized to fulfill the open space requirements of these regulations.

6.2.8.       Site Area

The minimum area required for a particular type of development. The site may then be divided into smaller lots.

6.2.9.       Waterfront Property Minimum Floor Elevation

In all districts where dwellings are permitted, no building for human habitation shall be erected except in accordance with Sarasota County flood regulations (see Chapter 54, Article XVI of the Sarasota County Code).

6.2.10.     Yards

a.        In General

Every part of every required yard shall be open and unobstructed from 30 inches above the general ground level of the graded lot upward to the sky except as hereinafter provided or as otherwise permitted in these zoning regulations.

b.        Types of Yards

1.        There are four types of yards – street (or front), side, rear and waterfront yards.

2.        Corner lots and through lots shall be considered to have two street yards.

3.        Any yard abutting waterfront property (the Gulf of Mexico, Intracoastal Waterway, any bay or pass, or any tidally-influenced navigable creek or stream) shall be considered a waterfront yard. (See also Chapter 54, Article XXII, Section 54-721 through 54-724, Sarasota County Code, "Gulf Beach Setback Line.")

 

 

 

COMMENTARY: Stormwater ponds, lakes and other water features that are not tidally influenced do not require waterfront yards. Gulf Beach Setback Line may require greater setbacks than the waterfront yard.

c.        Measurement of Yards

1.        Depth of a required street yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

2.        Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

3.        Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

4.        Base setback lines have been established for certain roads. (See Chapter 74, Land Development Regulations, of the Sarasota County Code.)

d.        Exemptions

1.        In all districts, roof overhangs and chimneys may project into a required yard not more than three feet where the required yard is eight feet or more in width. Roof overhangs may project into a required yard not more than two feet where the required yard is less than eight feet in width. In those districts where side yards are permitted to be less than five feet, roof overhang projections are prohibited.

2.        Sills and belt courses may project up to12 inches into a required yard.

3.        Fire escapes, stairways and balconies, whether unroofed, open and unenclosed, or enclosed, shall not intrude into required yards.

4.        Except as provided for below, fences, walls, and vegetation are permitted in required yards, provided such structures or vegetation do not block visibility at intersections or at vehicular access points to roadways.

5.        Walls and fences located in required waterfront yards shall be limited to a maximum height of 30 inches. Walls and fences located less than 20 feet landward from the Gulf of Mexico or pass beach or dune shall be prohibited. Any wall or fence within 20 feet farther landward of Gulf of Mexico or beach pass or dune shall be limited to a maximum height of 30 inches.

6.        Air-conditioning, mechanical, electrical and plumbing equipment located at above ground level or elevated due to FEMA elevation requirements is exempt from side and rear yard setback requirements. In no case shall such equipment be located closer than three feet from the property line or in any easement. See 4.10.4.j.4 for equipment placement requirements in the SKOD.

7.        Satellite dishes, in excess of one meter in diameter shall not be located on any residentially zoned parcel between the main residential structure and street frontages.

 

 

6.3     Open Use District Development Intensity

6.3.1.        Open Use District Development Intensity Table

The following table summarizes the standards for residential and non-residential development in the open use districts (with  the exception of OUE, which is described in Section 6.4, below).

 

Standard

OUA

OUC

OUM

OUR

Density (DU/acre)

  Gross Density (maximum)

 

1 per 160 ac.

 

1 per 25 ac.

 

1 per 160 ac.

 

1 per 10 ac.

Lot Dimensions (minimum)

  Lot Area (acres)

  Lot Width (feet)

 

160

---

 

25*

---

 

160

---

 

10/6 ac.**

300

Yards (minimum feet)

  Street Yard

  Side Yard

  Rear Yard

  Waterfront Yard***

 

50

50

50

50

 

50

50

50

50

 

50

50

50

50

 

50

50

50

50

Bulk (maximum)

  Height (feet)

  Building Coverage

 

---

---

 

35

---

 

---

---

 

35

---

* Minimum lot area applies to accessory residential use only. See Section 5.3.2.h.

** See Section 6.3.2.b below

*** See also Chapter 54, Article XXII, Section 54-721 through 54-724, Sarasota County Code, "Gulf Beach Setback Line."

 

6.3.2.        Additional Standards

a.        In the OUA, OUM and OUR districts, all dwellings shall be located a minimum of 25 feet from the nearest nonresidential structure.

b.       In the OUR District, all lots shall be 10 acres, provided, however, the minimum lot size shall not be less than 6 acres in platted subdivisions as follows:

1.        Conventional plat where all areas are platted achieving an average lot size of 10 acres; or

2.        Conservation plat where some or all areas of significant native habitats are set aside in common ownership as preservations areas (for example, using conservation easements), outside the boundaries of platted lots.

c.        In the OUA, OUC, OUM and OUR districts, private road or street easements may be used in meeting the minimum lot area requirement.

d.       Access easements that serve only one building site are not considered private streets.

 

 

6.4     OUE and RE District Development Intensity

6.4.1.        Residential Development Intensity Table

Single-family detached dwelling units are the only residential housing type permitted in the OUE and RE Districts. Single-family detached units in the OUE and RE Districts are required to meet all of the standards in the table below, except when such units are developed in a PUD in accordance with Section 6.11.1. and 6.11.2.

 

Conventional Standards

OUE

RE-1

RE-2

RE-3

Density

  Gross Density (maximum)

  Open Space (minimum)

1 DU/

5 acres

---

1 DU/

2 acres

--

1 DU/

1 acre

--

1 DU/

0.5 Acre

--

Lot Dimensions

  Lot Area, minimum (acres or sq. ft.)

  Lot Width (feet)

 

5/3 acres*

200

 

2 acres

150

 

1 acre

100

 

20,000

100

Yards (minimum feet)

  Street Yard

  Side Yard (single)

  Side Yard (total)

  Rear Yard

  Waterfront Yard**

 

50

50

100

50

50

 

25

20

40

20

20

 

25

10

20

20

20

 

25

10

20

20

20

Bulk (maximum)

  Height (feet)

  Building Coverage

 

35

20%

 

35

25%

 

35

25%

 

35

30%

* See 6.4.2.a. below

** See also Chapter 54, Article XXII, Section 54-721 through 54-724, Sarasota County Code, "Gulf Beach Setback Line."

 

6.4.2.       Additional Standards

a.        In the OUE District, the minimum lot area shall be five acres, provided, however, that a minimum lot area of three acres shall be allowed in platted subdivisions as follows:

1.       Conventional plat where all areas are platted achieving an average lot size of five acres, where no lot is less than three acres in size; or

2.       Conservation plat where some or all areas of significant native habitats are set aside in common ownership as preservation areas (for example, using conservation easements) outside the boundaries of platted lots, and no lot is less than three acres in size.

b.        In the OUE District, private road or street easements may be used in meeting the minimum lot area requirement.

c.       All conventional subdivisions in the RE-3 District that exceed 30 acres in area shall incorporate a common neighborhood use and benefit focal point within the development such as a park, play area, plaza, square or other similar facility.  The focal point shall be specified at the time of preliminary plan submittal.

6.4.3.       Nonresidential Development in the OUE and RE Districts

Unless specified elsewhere in these zoning regulations, the following dimensional standards shall apply to all nonresidential development in the OUE and RE Districts.

Nonresidential Development

OUE

RE-1

RE-2

RE-3

Density

  Open Space (minimum)

 

20%

 

20%

 

20%

 

20%

Lot Dimensions (minimum)

  Lot Area (acres or sq. ft.)

  Lot Width (feet)

 

5 ac.

250

 

2 ac.

150

 

1 ac.

100

 

20,000

100

Yards (minimum feet)

  Street Yard

  Side Yard (single)

  Side Yard (total)

  Rear Yard

  Waterfront Yard**

 

50

50

100

50

50

 

25

20

40

20

20/30 †

 

25

10

20

20

20/30 †

 

25

10

20

20

20/30 †

Bulk (maximum)

  Height (feet)

  Building Coverage

 

35

20%

 

35*

25%

 

35*

25%

 

35*

25%

* Height in A- and V- flood zones may also subject to daylight plane provisions in Section 6.2.1

** See also Chapter 54, Article XXII, Section 54-721 through 54-724, Sarasota County Code, "Gulf Beach Setback Line."

† Intracoastal waterway and bays – 30’

All other waterfront yards – 20’

 

 

6.5     RSF District Development Intensity

6.5.1.       Types of Residential Development

Development within the RSF Districts allows a variety of housing types, as set forth in Section 6.7, Housing Types. Two types of subdivisions are permitted, as follows.

a.        Conventional Subdivision

Conventional subdivision is a pattern of residential development that provides the majority of property owners with substantial yards on their own property.

b.       Cluster Subdivision

Cluster subdivision trades smaller lot sizes (with smaller yards) for additional common open space. Cluster subdivision must provide a minimum of 30 percent common open space, exclusive of individual lots.

6.5.2.       Development Intensity Table

Residential development in the RSF District shall meet the maximum gross density and minimum open space requirements below.

 

District

Subdivision Type

Gross Density
(Maximum)

Open Space
(Minimum)

RSF-1

Conventional

Cluster

2.50

2.50

--

30%

RSF-2

Conventional

Cluster

3.50

3.50

--

30%

RSF-3

Conventional

Cluster

4.50

4.50

--

30%

RSF-4

Conventional

Cluster

5.50

5.50

--

30%

 

COMMENTARY: Applying the “conventional” pattern of subdivision, maximum district densities are often not achievable due to the minimum lot size requirements.

6.5.3.       Permitted Housing Types

a.        A variety of housing types are permitted in the RSF Districts. For illustrations and development standards for each type, see Section 6.7, Housing Types.

b.        Single-family detached houses are the only permitted housing type allowed in conventional subdivisions developed before October 27, 2003. See Section 6.7.2.b.

c.        For any subdivision platted prior to October 27, 2003 the remaining lots in the subdivision must be developed with the same housing type as exists in the other platted lots. The only permitted housing type on a conforming or nonconforming single-family lot of record as of October 27, 2003 not located in a subdivision shall be a single-family detached house as set forth in Section 6.7.2.b.

d.       A variety of housing types are permitted in cluster subdivisions in the RSF Districts developed after October 27, 2003. For illustrations and development standards for each type, see Section 6.7, Housing Types. To promote housing type compatibility and consistency within a block of a residential subdivision, no more than one housing type shall be permitted along any side of a given block. The permitted housing type on a corner lot shall be based on the side of the block containing the street access for the corner lot. The following housing types are permitted in any cluster subdivision, subject to the requirement for 30 percent common open space as set forth in Section 6.5.2 above and the requirement for perimeter compatibility set forth in Section 6.5.4 below:

1.        Single-family detached house;

2.        Lot line house;

3.        Traditional house;

4.        Patio house;

5.        Villa house;

6.        Atrium house;

7.        Two-family house;

8.        Semi-attached townhouse;

9.        Townhouse;

10.     Roof-deck townhouse; and

11.     Stacked townhouse.

6.5.4.       Perimeter Compatibility  Required

All cluster subdivisions shall require perimeter compatibility as follows:

a.        Where perimeter lots are equal to or greater than the minimum single-family detached lot area and width required for the district, no perimeter buffer over and above that required in Section 7.3 shall be required.

COMMENTARY: Lot must match the applicable district’s minimum lot area, not necessarily the size of neighboring lots.

b.       Where perimeter lots are not equal to or greater than the minimum Section 7.3  shall be required. No averaging of the width of this buffer shall be permitted. Where this buffer meets all of the requirements for open space in Section 6.2.7, it may count as open space.

EXAMPLE: A buffer with an opacity of 0.5 requires 20 feet in width and 3 canopy trees, 6 accent trees and 34 shrubs per 100 feet of buffer using Alternative 1 in Section 7.3.8.

COMMENTARY: Any residential development adjacent to a different zoning district requires a project boundary buffer as set forth in Section 7.3.8.

6.5.5.       Conventional Subdivisions Over 30 Acres

All conventional subdivisions in the RSF District that exceed 30 acres in area shall incorporate a common neighborhood use and benefit focal point within the development such as a park, play area, plaza, square or other similar facility. The focal point shall be specified at the time of preliminary plan submittal.

6.5.6.       Nonresidential Development in the RSF Districts

Unless specified elsewhere in these zoning regulations, the following dimensional standards shall apply to all nonresidential development in the RSF Districts.

 

Nonresidential Development

RSF-1

RSF-2

RSF-3

RSF-4

Density

  Open Space (minimum)

 

20%

 

20%

 

20%

 

20%

Lot Dimensions

  Lot Area (minimum sq.ft.)

  Lot Width (minimum feet)

 

15,000

100

 

9,600

80

 

7,500

70

 

6,000

50

Yards (minimum feet)

  Street Yard

  Side Yard (single)

  Side Yard (total)

  Rear Yard

  Waterfront Yard*

 

20

8

18

10

20/30 †

 

20

8

18

10

20/30 †

 

20

6

15

10

20/30 †

 

20

6

15

10

20/30 †

Bulk (maximum)

  Height (feet)

  Building Coverage

 

35**

30%

 

35**

30%

 

35**

30%

 

35**

30%

* See also Chapter 54, Article XXII, Section 54-721 through 54-724, Sarasota County Code, "Gulf Beach Setback Line."

** Height in A- and V- flood zones may also subject to daylight plane provisions in Section 6.2.1

† Intracoastal waterway and bays – 30’

All other waterfront yards – 20’

6.6     RMF District Development Intensity

6.6.1.       Development Intensity Table

Residential development in the RMF District shall meet the maximum gross density and minimum open space requirements below.

 

District

Gross Density
(Maximum)

Open Space
(Minimum)

RMF-1

6.0

30%

RMF-2

9.0

30%

RMF-3

13.0

30%

 

6.6.2.       Permitted Housing Types

The following housing types are permitted in the RMF Districts.

 

Housing Type

RMF-1

RMF-2

RMF-3

Single-Family Detached

X

 

 

Lot Line

X

 

 

Traditional

X

 

 

Patio

X

X

 

Villa

X

X

 

Atrium

X

X

 

Two-Family

X

X

X

Semi-Attached Townhouse

X

X

X

Townhouse

X

X

X

Roof Deck Townhouse

X

X

X

Stacked Townhouse

X

X

X

Multiplex

X

X

X

Multifamily

X

X

X

6.6.3.       Additional Height for In-Structure Parking

To reduce the impervious area typically associated with required surface parking, an increase in the maximum building height in the RMF District is allowed if in-structure parking is provided, as follows:

a.        A maximum of two levels of in-structure parking shall be permitted to count toward additional building height in excess of the maximum building height requirement for the district.  However, within 250 feet of the Intracoastal Waterway of the Bay, only one level of in-structure parking shall be permitted, except in the RMF-4 District that is permitted a maximum of two levels of in-structure parking when located 80 or more feet landward of the Intercoastal Waterway or the Bay.

b.       The maximum height of two permitted levels of in-structure parking shall not exceed 24 feet measured from pre-development existing grade to the ceiling of the second level of in-structure parking.

c.        Each parking story shall not exceed 12 feet in height, measured from pre-development existing grade to the ceiling of the parking level and with a clear height of 10 feet 6 inches from the parking level floor to the lowest structural member above the parking level floor

d.       When in-structure parking is used, the maximum height of the building shall be measured from the finished floor of the first habitable story.

e.       For any lands rezoned to the RMF District after October 27, 2003, this paragraph shall be applied only where a development concept plan submitted with the rezoning petition indicates that in-structure parking is proposed and specifies the number of parking levels proposed.

f.         Any in-structure parking requirement contained in a Critical Area Planning Study that is more restrictive than the above standards shall apply (for example, the Osprey Revitalization Plan).

 

 

6.6.4.       Height Along the Intracoastal Waterway and Sarasota Bay

In order to preserve the scenic character of the Intracoastal Waterway and Sarasota Bay, and ensure appropriate massing of buildings along these waterfront areas, the following special restrictions shall apply within 250 feet of the Intracoastal Waterway and Sarasota Bay (not including any passes or the Gulf of Mexico).

 

 

 

Area

Distance

Restrictions

RMF-1 and RMF-2

 

 

Waterfront Setback

30 feet

 

Area A

30 to 80 feet

Height not to exceed 35 feet above FEMA, including in-structure parking.

Maximum 1 level of in-structure parking.

Area B

80 to 250 feet

Height not to exceed 35 feet above FEMA, or above the finished floor of the first habitable floor where in-structure parking is provided.

Maximum one in-structure parking level.

Area C

Beyond 250 feet

Height not to exceed 35 feet above FEMA, or above the finished floor of the first habitable floor where in-structure parking is provided.

Maximum two in-structure parking levels.

RMF-3

 

 

Waterfront Setback

30 feet

 

Area A

30 to 80 feet

Height not to exceed 45 feet above FEMA, including in-structure parking.

Maximum 1 level of in-structure parking.

Area B

80 to 250 feet

Height not to exceed 45 feet above FEMA, or above the finished floor of the first habitable floor where in-structure parking is provided.  Maximum one in-structure parking level.

Area C

Beyond 250 feet

Height not to exceed 45 feet above FEMA, or above the finished floor of the first habitable floor where in-structure parking is provided.  Maximum two in-structure parking levels.

RMF-4

 

 

Waterfront Setback

30 feet

 

Area A

30 to 80 feet

Height not to exceed 85 feet above FEMA, or above the finished floor of the first habitable floor where in-structure parking is provided.

Maximum one in-structure parking level.

Area B

80 to 250 feet

Height not to exceed 85 feet above FEMA, or above the finished floor of the first habitable floor where in-structure parking is provided.

Maximum two in-structure parking levels.

Area C

Beyond 250 feet

Height not to exceed 85 feet above FEMA, or above the finished floor of the first habitable floor where in-structure parking is provided.

Maximum two in-structure parking levels.

 

 

The Board of County Commissioners may allow additional height, as measured above in Section 6.6.4 not in excess of 85 feet, in only the RMF-3 District in Area A and Area B by Special Exception in accordance with the procedure in Section 3.16. In addition to the criteria for granting a Special Exception in Section 3.16, the applicant shall demonstrate, and the Board of County Commissioners must find that as applied to the applicant and the property, the 250 foot waterfront setback, buffer, and height regulations in these zoning regulations constitute a compensable inordinate burden, as that term is defined in the Bert J. Harris, Jr., Private Property Rights Protection Act (Florida Statutes, Chapter 70), or result in a compensable taking under the Florida Constitution or the United States Constitution, and the Special Exception is necessary to prevent the County from inordinately burdening or taking the property. 

 

 

6.6.5.       Nonresidential Development in the RMF Districts

Unless specified elsewhere in these zoning regulations, the following dimensional standards shall apply to all nonresidential development in the RMF Districts.

 

 

Nonresidential Development

RMF-1

RMF-2

 

RMF-3

Density

  Open Space (minimum)

 

20%

 

20%

Lot Dimensions (minimum)

  Lot Area (sq.ft.)

  Lot Width (feet)

 

7,500

75

 

7,500

75

Yards (minimum feet)

  Street Yard

  Side Yard (single)

  Side Yard (total)

  Rear Yard

  Waterfront Yard*

 

20

8

18

10

20/30 †

 

20

8

18

10

20/30 †

Bulk (maximum)

  Height (feet)

  Building Coverage

      Up to 35 feet in height

      36 to 45 feet in height

 

35

 

30%

n/a

 

45

 

30%

28%

* See also Chapter 54, Article XXII, Section 54-721 through 54-724,
 Sarasota County Code, "Gulf Beach Setback Line."

 Intracoastal waterway and bays – 30’

All other waterfront yards – 20’

 

6.6.6.       Perimeter Structure Setback

Residential and nonresidential principal or accessory structures in any RMF District shall be set back a minimum of 20 feet from any property line abutting any RE or RSF District, unless specified elsewhere in these zoning regulations.

 

6.7                  Housing Types

6.7.1.       In General

a.       These housing types are established to provide a common terminology for housing in the County. The choices include a variety of housing types not currently found in the County, to provide for their potential use in the future.

b.        Drawings in this Section are for illustrative purposes only, and variations that meet the standards are encouraged.

c.        Recreation areas, such as the clubhouse, swimming pool, and tennis, volleyball, or basketball courts, shall be oriented internally or along major roadways, and away from adjacent residential development.

 

 

6.7.2.       Single Family Detached House

a.        Description

A single-family detached house is a dwelling unit normally located on a privately-owned lot with private yards on all four sides of the house. Garage access may take place from the front or rear of the lot. Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

b.       Conventional Subdivision

A conventional subdivision only allows single-family detached houses occupied by a single family. All conventional subdivisions in the RE and RSF districts that exceed 30 acres in area shall incorporate a common neighborhood use and benefit focal point within the development such as a park, play area, plaza, square or other similar facility.

 

Conventional Subdivision

RSF-1

RSF-2

RSF-3

RSF-4

Density

  Gross Density (maximum)

 

2.50

 

3.50

 

4.50

 

5.50

Lot Dimensions (minimum)

  Lot Area (sq.ft.)

  Lot Width (feet)

 

15,000

100

 

9,600

80

 

7,500

70

 

6,000

50

Yards (minimum feet)

  Street Yard

  Side Yard (single)

  Side Yard (total)

  Rear Yard

  Waterfront Yard*

 

20

8

18

10

20

 

20

8

18

10

20

 

20

6

15

10

20

 

20

6

15

10

20

Bulk (maximum)

  Height (feet)

  Building Coverage

 

35

35%

 

35

35%

 

35

35%

 

35

35%

* See also Chapter 54, Article XXII, Section 54-721 through 54-724, Sarasota County Code, "Gulf Beach Setback Line."

 

c.        Cluster Subdivision

A cluster subdivision provides a minimum of 30 percent common open space, exclusive of individual lots, and allows those housing types specified in Section 6.5.3 when occupied by a single family. All cluster subdivisions shall incorporate a common neighborhood use and benefit focal point within the development such as a park, play area, plaza, square or other similar facility. Where single-family detached housing occurs within a cluster subdivision, such housing shall meet the standards shown below.

 

Cluster Subdivision

RSF-1

RSF-2

RSF-3

RSF-4

Density

  Gross Density (maximum)

  Open Space (minimum)

 

2.50

30%

 

3.50

30%

 

4.50

30%

 

5.50

30%

Lot Dimensions (minimum)

None

Yards (minimum feet)

  Street Yard

  Rear Yard

  Waterfront Yard*

 

20 feet

10 feet

20 feet

Bulk (maximum)

  Height (feet)

  Building Coverage

 

35

--

* See also Chapter 54, Article XXII, Section 54-721 through 54-724,
Sarasota County Code, "Gulf Beach Setback Line."

** Note: A minimum building separation of 12 feet must be met

unless an alternative is approved by the Fire Marshal and Building

Official.

 

6.7.3.       Lot Line House

a.        Description

The lot line house is a single-family dwelling unit positioned on one side lot line without any setback. The house has private yards on three sides of the building, including a wider side yard comprising the equivalent of two side yards for conventional detached housing. Garage access may take place from the front or the rear of the lot.

 

b.       Lot Line House Development Standards

A lot line house is permitted in accordance with Section 6.5.3 when occupied by a single family.

 

Lot Line Standards

 

Lot Dimension (minimum)

--

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

15

20

*

10

20

Height (maximum feet)

35

* NOTE: A minimum building separation of 12 feet must be met unless an alternative is approved by the Fire Marshal and Building Official.

 

1.        Setbacks
         The side building setback may be reduced to zero on one side of the house. This reduction is not allowed on the street yard setback or to the side yard setback adjacent to lots that are not part of the zero lot line project. Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

 

COMMENTARY: If the street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 15 feet in depth, the garage must be set further back to keep vehicles from overhanging the sidewalk.

 


2.        Maintenance Easement

An easement between the two property owners to allow for maintenance or repair of the house is required when the roof overhang or side wall of the house are within four feet of the adjacent property line (no roof overhang shall be permitted to extend across the property  line). The easement on the adjacent property must provide at least five feet of unobstructed space. The easement shall be recorded on the subdivision plat.

 

 

3.        Privacy

If the side wall of the house is on the property line, or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. All materials within three feet of the property line shall be fire-rated to meet building code requirements.

 

 

6.7.4.       Traditional House

a.       Description

The traditional house is a single-family detached dwelling unit that is set much closer to the street than a conventional single family detached house. It has private yards on each side of the building. An alley is required, and all garage access must take place from the alley.

 

b.       Traditional House Development Standards

1.        A traditional house is permitted in accordance with Section 6.5.3 when occupied by a single family.

 

Traditional House Standards

 

Lot Dimension (minimum)

---

Yards (minimum feet)

  Street Yard

  Side Yard

  Rear Yard

  Waterfront Yard

 

10

*

10

20

Height (maximum feet)

35

* NOTE: A minimum building separation of 12 feet must be met unless an alternative is approved by the Fire Marshal and Building Official

 

2.       Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

 

6.7.5.       Patio House

a.        Description

The patio house is a single-family detached dwelling unit, similar to a lot line house, placed on a small lot. Due to the modest area of the lot, the rear yard is enclosed by a wall, while still preserving a narrow street yard. Where an alley is provided, all garage access must take place from the alley.

 

 

 

b.       Patio House Development Standards

1.       A patio house is permitted in accordance with Section 6.5.3 when occupied by a single family.

 

Patio House Standards

 

Lot Dimensions (minimum)

--

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

12

20

*

10

20

Patio

  Area (minimum sq.ft.)

  Width (minimum feet for the required square footage only)

 

1,000

20

Height (maximum feet)

28

* NOTE: : A minimum building separation of 12 feet
must be met unless an alternative is approved by the Fire Marshal and Building Official.

 

2.       Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

COMMENTARY: If the street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 12 feet in depth, the garage must be set further back to keep cars from overhanging the sidewalk.

 

6.7.6.      Villa House

a.      Description

        The villa house is an attached single-family dwelling unit with a common wall. In many cases, a separate lot line falls under the common wall, providing for fee-simple ownership. Where an alley is provided, all garage access must take place from the alley.

 

b.       Villa House Standards

1.        A villa house is permitted in accordance with Section 6.5.3 when occupied by a single family.

 

Villa House Standards

 

Lot Dimensions (minimum)

---

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

15

20

*

10

20

Height (maximum feet)

35

* NOTE: A minimum building separation of 12 feet must be

met unless an alternative is approved by the Fire Marshal

and Building Official

 

2.        Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

COMMENTARY: If the proposed street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 15 feet in depth, the garage must be set back further to keep cars from overhanging the sidewalk.

 

6.7.7.       Atrium House

a.        Description

This single-family, one-story house is characterized by an open, landscaped courtyard or atrium surrounded by living areas. The primary source of light and air is through the open courtyard. This house is often attached, or in a checkerboard pattern, but retains a narrow street yard. An alley is required, and all garage access must take place from the alley.

b.       Atrium House Standards

1.       An atrium house is permitted in accordance with Section 6.5.3 when occupied by a single family.

 

Atrium House Standards

 

Lot Dimensions (minimum)

---

Yards (minimum feet)

  Street Yard

  Side Yard

  Rear Yard

  Waterfront Yard

 

5

*

10

20

Atrium

  Area (minimum square feet)

  Width (minimum feet)

 

720

18

Height (maximum feet)

18

* NOTE: A minimum building separation of 12 feet must be met unless an alternative is approved by the Fire Marshal and Building Official

 

2.        Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

 

6.7.8.       Two-Family House

a.       Description

        The two-family house is two units in a single structure on a single lot or parcel (often called a duplex). The units may be located on separate floors or side-by-side. Where an alley is provided, all garage access must take place from the alley.

b.       Two-Family House Standards

1.        A two-family house is permitted in accordance with Section 6.5.3 when occupied by two families.

 

Two-Family House Standards

 

Lot Dimensions (minimum)

---

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

12

20

*

10

20

Height (maximum feet)

35

* NOTE: A minimum building separation of 12 feet must be

met unless an alternative is approved by the Fire Marshal

and Building Official.

 

2.        Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

COMMENTARY: If the street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 12 feet in depth, the garage must be set further back to keep cars from overhanging the sidewalk.

6.7.9.       Semi-Attached Townhouse  

a.       Description

The semi-attached townhouse is a building made up of attached units where the units are lined up in a row and share side walls. The semi-attached townhouse has both a one- and two-story portion of each unit and is, thus, wider than the traditional townhouse. The one-story portion is commonly the garage.

 

b.       Semi-attached Townhouse Standards

A semi-attached townhouse is permitted in accordance with Section 6.5.3 when occupied by a single family.

 

Semi-Attached Townhouse Standards

 

Lot Dimensions (minimum)

---

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

15

20

*

10

20

Height (maximum feet)

35

* NOTE: A minimum building separation of 12 feet must be

met unless an alternative is approved by the Fire Marshal

and Building Official

 

1.        Not withstanding Section 5.4.4, a garage with alley access may extend into the rear setback.

2.        Side yards are not required for interior townhouses, but street and rear yards shall be provided for all townhouses, and building separation requirements shall be maintained for all townhouse structures.

COMMENTARY: If the street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 15 feet in depth, the garage must be set further back to keep cars from overhanging the sidewalk.

6.7.10.     Townhouse  

a.        Description

The townhouse is a building made up of three or more attached units where the units are lined up in a row and share side walls. Access to garages may be from the front or rear, although front-access townhouses must be on a wider lot. Where an alley is provided, all garage access must take place from the alley.

 

b.       Townhouse Standards

A townhouse is permitted in accordance with Section 6.5.3 when occupied by a single family.

 

Townhouse Standards

 

Lot Dimensions (minimum)

---

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

12

20

*

10

20

Height (maximum feet)

35

* NOTE: A minimum building separation of 12 feet must be

met unless an alternative is approved by the Fire Marshal

and Building Official

 

1.       Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

2.       Side yards are not required for interior townhouses, but street and rear yards shall be provided for all townhouses, and building separation requirements shall be maintained for all townhouse structures.

COMMENTARY: If the street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 15 feet in depth, the garage must be set further back to keep cars from overhanging the sidewalk.

3.        A townhouse building may mix townhouse, roof-deck townhouse, or stacked townhouse units, provided the most restrictive standards for each townhouse type are followed for the entire building.

 

6.7.11.    Roof-Deck Townhouse  

a.       Description

The roof-deck townhouse is a building made up of attached units where the units are lined up in a row and share side walls. The roof deck townhouse has its yard on its roof. It is ideal for areas where a view is available. The roof-deck townhouse is more compact than normal townhouses. Where an alley is provided, all garage access must take place from the alley.

 

b.       Roof-Deck Townhouse Standards

A roof-deck townhouse is permitted in accordance with Section 6.5.3. when occupied by a single family.

 

Roof-Deck Townhouse Standards

 

Lot Dimensions (minimum)

---

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

12

20

*

10

20

Height (maximum feet)

40

* NOTE: A minimum building separation of 12 feet must be

met unless an alternative is approved by the Fire Marshal

and Building Official

 

1.        Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

2.        Side yards are not required for interior townhouses, but street and rear yards shall be provided for all townhouses, and building separation requirements shall be maintained for all townhouse structures.

COMMENTARY: If the street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 12 feet in depth, the garage must be set further back to keep cars from overhanging the sidewalk.

3.        A townhouse building may mix townhouse, roof-deck townhouse, or stacked townhouse units, provided the most restrictive standards for each townhouse type are followed for the entire building.

4.        A setback of 25 feet from the project boundary shall be provided when this housing type exceeds a height of 35 feet and is adjacent to a RE or RSF zone district.

 

6.7.12.    Stacked Townhouse  

a.       Description

The stacked townhouse is a building made up of attached units where the units are lined up in a row and share side walls. A first-floor unit is accessed at grade, while a stair serves a unit comprising one or two stories above. Where an alley is provided, all garage access must take place from the alley.

b.       Stacked Townhouse Standards

A stacked townhouse is permitted in accordance with Section 6.5.3 when occupied by two families.

 

Stacked Townhouse Standards

 

Lot Dimensions (minimum)

---

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Side Yard

  Rear Yard

  Waterfront Yard

 

15

20

*

10

20/30 †

Height (maximum feet)

40

* NOTE: A minimum building separation of 12 feet must be

met unless an alternative is approved by the Fire Marshal

and Building Official

 † Intracoastal waterway and bays – 30’

All other waterfront yards – 20’

 

1.        Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

2.        Side yards are not required for interior townhouses, but street and rear yards shall be provided for all townhouses, and building separation requirements shall be maintained for all townhouse structures.

 COMMENTARY: If the street yard is at least 20 feet in depth, no additional garage setback is required. Where the street yard is set at the minimum of 15 feet in depth, the garage must be set further back to keep cars from overhanging the sidewalk.

3.       A townhouse building may mix townhouse, roof-deck townhouse, or stacked townhouse units, provided the most restrictive standards for each townhouse type are followed for the entire building.

4.        A setback of 25 feet from the project boundary shall be provided when this housing type exceeds a height of 35 feet and is adjacent to a RE or RSF zone district.

6.7.13.     Multiplex  

a.        Description

The multiplex is a series of three or more units, usually under single ownership, consolidated into a single structure. A multiplex is typically on a single lot, and contains common walls. The multiplex units may be two stories in height, however, units are not vertically mixed. Parking is often consolidated, even where garages or carports are used. Where an alley is provided, all garage access must take place from the alley.

b.       Multiplex Standards

A multiplex is permitted in accordance with Section 6.5.3 when each unit is occupied by a single family.

 

Multiplex Standards

 

Site Area per Building (minimum sq.ft.)

8,000

Lot Dimensions (minimum, rear access)

  Lot Area per Dwelling (sq.ft.)

  Lot Width (feet)

 

2,000

80

Yards (minimum feet)

  Street Yard

  Garage Setback from Street ROW

  Parking Setback

  Rear Yard

  Waterfront Yard

  Building Separation

 

20

20

12

10

20

12

Bulk (maximum)

  Height (feet)

  Building Coverage

 

35

30%

 

 

1.        Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

6.7.14.    Multifamily

a.        Description

A multifamily structure on a single tract or parcel of land containing four or more units sharing common walls, often with separate units by floor as well. Multifamily units may vary in height from two to four stories. Parking is normally consolidated, even where garages or carports are used. Multifamily developments are owned as apartments (single-owner/manager) or condominiums (multiple-owner).

b.       Multifamily Standards

1.        A multifamily dwelling is permitted in accordance with Section 6.5.3 when each unit is occupied by a single family.

 

Multifamily Standards

 

RMF-1 Lot Dimensions (minimum)

  Lot Area per Dwelling (sq.ft.)

  Lot Width (feet)

 

7,260

75

RMF-2 Lot Dimensions (minimum)

  Lot Area per Dwelling (sq.ft.)

  Lot Width (feet)

 

4,840

100

RMF-3 Lot Dimensions (minimum)

  Lot Area per Dwelling (sq.ft.)

  Lot Width (feet)

 

3,350

100

Yards (minimum feet)

  Street Yard (from ROW)

  Street Yard (from curb)

  Parking Setback

  Rear Yard

  Waterfront Yard

  Building Separation

 

12

15

12

10

20

12

Bulk (maximum)

  RMF-1 and RMF-2 Height (feet)

  RMF-3 Height (feet)

  Building Coverage

 

35

45

30%

2.        Notwithstanding the requirements of Section 5.4.4, a garage with alley access may extend into the rear setback.

 

 

6.8     RMH District Development Intensity

6.8.1.        Permitted Principal Uses and Structures

 Manufactured home parks and subdivisions including the following:

a.       One manufactured home or recreational vehicle per manufactured home site or lot. A mobile home existing as of October 27, 2003 shall be permitted; however, no mobile home shall be located or relocated in an RMH District after that date.

b.       Park recreation facilities including community room or center, courts for games, docks, piers, boat launching areas, and the like (but excluding facilities for boat repair requiring removal of boat from the water or dry storage).  

c.       Park offices, maintenance facilities, and laundry facilities.

d.      Enclosed storage structures and storage garage facilities with use limited to park residents only.

e.      Family child care homes.

f.       Open storage areas for recreational vehicles or boats, with use limited to park or subdivision residents only, provided no ales of recreational vehicles or boats shall be made from the premises and further provided that all such areas shall be screened from view by a landscaped buffer with an opacity of 0.70 in accordance with Section 7.3.8. No open storage area shall exceed five percent of the total land area of a manufactured home park or subdivision.

g.     Child care center when operated as an activity of and on the same site as a place of worship approved by the Board of County Commissioners after December 4, 1990, provided:

1.       The minimum parcel size of the place of worship site, including the child care center, shall not be less than two acres.

2.       Outdoor play areas shall not be located within 50' of any residential or agricultural zoned property.

3.        A landscaped buffer with an opacity of 0.30 in conformance with Section 7.3.8. shall be required around the perimeter of the outdoor play area.

h.       Transmission tower (see Chapter 118, Article II of the Sarasota County Code, as may be amended).

6.8.2.        Permitted Accessory Uses and Structures

Accessory uses and structures are permitted where such accessory uses and structures are customarily accessory and clearly subordinate to permitted or permissible uses and structures, are located on the same lot or parcel as the manufactured home park or subdivision, are not of a nature likely to attract visitors in larger numbers than would normally be expected in a manufactured home park or subdivision, and do not involve operations or structures not in keeping with the character of a manufactured home park. In addition, sales of groceries and sundries and coin‑operated laundry facilities shall be permitted subject to the following restrictions:

a.       Such establishments and the parking areas primarily related to their operations shall not occupy more than one percent of the gross area of the park or subdivision.

b.        Such establishments shall be restricted in their use to occupants of the park or subdivision.

c.        Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park or subdivision.

d.       The structure housing such facilities shall not be located closer than 100 feet to any public street, shall not be directly accessible from any public street, and shall be accessible only from a street within the park or subdivision.

e.       Noncommercial plant nurseries and greenhouse, private garages, toolhouses and garden sheds, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools and the like.

6.8.3.        Development Standards

a.        Minimum Area: 40 acres. This minimum applies to all new parks or subdivisions, but not to additions to existing parks or subdivisions.

b.        Minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be 75.

c.         Access and internal streets:

1.        Access to the park or subdivision shall be from County maintained roadways, and shall be designed for safe and convenient movement of traffic into and out of the development with minimization of impact to traffic movement on adjacent streets. All vehicular traffic into and out of the park or subdivision shall be through such designated entrances and exits.

2.        Entrances and exits to recreational vehicle parks, in addition to the access requirements of Section 7.2, shall be designed so as to not require turns at acute angles, and radii of curbs and pavements at intersections shall facilitate easy turning movements for large vehicles and vehicles with trailers attached. No vehicular access to a recreational vehicle park shall be through a manufactured home park of subdivision.

3.        Internal streets in parks or subdivisions shall be designed and constructed in accordance with the Sarasota County Land Development Regulations. All streets within a manufactured home park or a recreational vehicle park shall be private streets.

d.       Communications Systems: Such systems shall only be permitted within a manufactured home park or a recreational vehicle park and shall not be audible beyond park boundaries. Outside public address systems are prohibited.

e.       Utilities:

1.        Street lighting shall be installed in manufactured home parks and recreational vehicle parks. Such lighting may be overhead or low level; however, the source of said lighting shall not be visible beyond park boundaries and all light shall be directed onto the street or pedestrian way.

2.        Each manufactured home or recreational vehicle site shall be provided with an approved electric service, and shall be connected to a central water and sewer system.

3.        All utilities distribution and collection systems, including those for water, sewer, electricity, telephone, gas and television cable shall be underground. Electric power and/or central gas systems (if used) shall be serviced by individual meters.

4.        Utility easements shall be provided in accordance with the Sarasota County Land Development Regulations.

f.         Garbage and Trash Facilities: Each manufactured home or recreational vehicle site within a manufactured home park or a recreational vehicle park shall be provided with at least one trash container of not less than 20-gallon capacity. Such containers shall be located so as to be obstructed from view from streets within the park and outside the park. Park management shall be solely responsible for internal trash and garbage collection. Central park collection points shall be provided for pick-up by solid waste collection vehicles. These central collection points shall be totally screened from view, both within and outside of the park.

g.        Manufactured Home Foundation and Tie-Down: Each manufactured home shall be installed per State Code.

h.       Recreation Facilities: Eight percent of the gross area of a manufactured home park or subdivision, or a recreational vehicle park shall be developed for recreational purposes. No manufactured home site, required buffer area, street right-of-way, storage area, utility site or utility easement shall be counted as recreation area in meeting this requirement. Recreation areas and facilities shall be owned, operated and maintained by the management in a manufactured home or recreational vehicle park. Recreation areas and facilities in a manufactured home subdivision shall be owned, operated and maintained by the developer of the subdivision; or shall be held in common ownership and operated and maintained by all owners within the manufactured home subdivision. Prior to approval of a final plat for a manufactured home subdivision, a program for continued maintenance of all recreation areas shall be submitted to the County Commission, and to an attorney designated by the Board of County Commissioners for review and approval. Said program shall include agreements, contracts, deed restrictions, sureties or other appropriate legal instruments to guarantee installation and continued maintenance of such recreation areas and facilities.

i.         Landscaped Buffer Areas: Landscaped buffer areas in accordance with Section 7.3.8. and not less than 25 feet in width shall be required along all RMH district boundaries, except for points of ingress and egress. Such buffer areas may be used for drainage structures and utility easements, but shall not be used for any other purpose. Landscape buffer areas shall not be permitted to extend into lots or spaces designated for manufactured home use. All required buffer areas shall be planted with vegetative materials in accordance with Section 7.3, Landscaping and Buffering.

j.         Carport or Patio: Each manufactured home site in a manufactured home park shall contain a concrete slab not less than ten feet by twenty feet in dimension for carport or patio. Such slab shall not be required until after the manufactured home is in position.

6.8.4.       Maximum Residential Density

Manufactured Home Park or Subdivision: Five units per acre.

6.8.5.       Minimum Lot or Site Requirements

a.          Manufactured Home Subdivision:

1.          Width:              60 ft.

2.          Area:                6,000 sq. ft.

b.         Manufactured Home Park, or Recreational Vehicle Park: None, except as required to meet the requirements of this Section and Section 6.9.

6.8.6.       Maximum Lot or Site Coverage By All Buildings

a.       New Manufactured Home Parks

Maximum lot coverage in a manufactured home park established after October 27, 2003 shall not exceed 40 percent.

b.       Replacement Homes in Existing Parks

Replacement homes in manufactured home parks existing as of October 27, 2003 are subject to the following maximum lot coverage standards.

 

Lot or Site Area (square feet)

Maximum Coverage (all structures)

4,250 or less

60%

4,251-5,250

55%

5,251-6,250

50%

6,251-7,250

45%

Greater than 7,251

40%

 

c.        New Homes on Existing Lots or Sites Under 6,000 Square Feet

New homes installed on lots or sites of 6,000 square feet or less in manufactured home parks existing as of October 27, 2003 that have never had a manufactured home installed on the lot may apply the table in paragraph b above.

6.8.7.       Minimum Yard Requirements:  

Manufactured Home Parks and Subdivisions

a.        Front: 10 feet.

1.     On a lot in a manufactured home park that has previously had a manufactured or mobile home on it, the depth of the street yard shall be no smaller than the lesser of:

i.            Five feet; or
ii.          The distance from the edge of the road to the front of the home previously located on the lot.

2.       If the home that was previously on the lot had a street yard depth of less than five feet, that home’s location shall be indicated by a drawing with a surveyor’s seal. This drawing shall show the distance from the edge of pavement to the front of the home previously on the lot and that distance shall be the minimum street yard for that lot.

3.        In all cases, adequate access for emergency vehicles shall be maintained.

b.        Side: 5 feet.

c.        Rear: 5 feet.

 Provided, however, roof projections, overhangs, rain gutters and air conditioners may project into any required setback areas.

d.        Waterfront: None.

6.8.8.       Maximum Height of Structures

a.          Recreational facilities: 35 feet

b.         All other structures: 25 feet

6.9                  Manufactured Homes, RV Parks and Campgrounds

6.9.1.       In General

No manufactured home shall be used for dwelling purposes, or be parked, stored or located, except as specifically set out in these zoning regulations.

a.      Temporary Government Use

Any agency of local, municipal, state, or federal government may utilize a manufactured home or trailer for temporary purposes in any zoning district, provided such uses shall not be or include a residential use.

b.      Office Use Prohibited

Except as specifically set out in Section 5.5, Temporary Uses, no manufactured home, mobile home or recreational vehicle may be used for temporary or permanent office purposes in any district, including manufactured home sales.

6.9.2.        Nonconforming Manufactured Home, Mobile Home or Recreational Vehicle

a.        The use of a manufactured home, mobile home or recreational vehicle located on an individual lot (or situated on a site not located in a manufactured home park or recreational vehicle park) and in a district not permitting such use, shall not thereafter be allowed to resume when the use is removed from the lot or site for a period of more than six months.

b.       The following provision applies to existing nonconforming manufactured home parks that may be nonconforming because they are on land zoned other than RMH, or are on lands zoned RMH but are nonconforming by reason of non-compliance with current RMH development standards in Sections 6.8.3, 6.8.4 or 6.8.5.

1.        Manufactured homes and their accessory structures in such existing, nonconforming manufactured home parks may be replaced, provided that in all cases and without any regard to time limits, replacement manufactured homes and structures shall comply with the requirements of the National Fire Protection Association (NFPA) Standard 501A, as may be amended, and shall comply (regardless of zoning district) with the standards relative to replacement homes in Section 6.8.6 (regarding maximum lot coverage), Section 6.8.7 (regarding minimum yards) and with the standards of Section 6.8.8 (regarding height).

6.9.3.                  Minimum Distance Between Manufactured Homes

No manufactured home, including its accessory structures, shall be located closer than ten feet to another manufactured home, including its accessory structures, in any zoning district except under the following circumstances:

a.        In existing nonconforming manufactured home parks as defined in Section 6.9.2.b, manufactured homes and their accessory structures may be replaced without regard to time limits provided that, in all cases, replacement structures shall comply with the requirements of the National Fire Protection Association (NFPA) Standard 501A, as may be amended.

6.9.4.                  Rezoning Existing Manufactured Home Parks

Existing manufactured home parks which have a permit to operate under Ch. 513, Florida Statutes, may, regardless of land area, be rezoned to the RMH District after demonstrating that they meet all minimum health and sanitation requirements as determined by the Sarasota County Health Department and all requirements for health and safety as determined by the Development Services Business Center.

6.9.5.                  Development Standards

a.        Sites in recreational vehicle parks and campgrounds shall be occupied only by travel trailers, truck campers, motor homes, camping trailers, private motor coaches, van conversions, park trailers and tents.

b.         Detached utility storage buildings are permitted accessory uses in a recreational vehicle park or campground on a recreational vehicle site and need not be dismantled upon removal of the recreational vehicle.

c.        Except for recreational vehicle sites in the RMH, OUE and OUR zoning districts that contain a park trailer, no external appurtenances such as carports, cabanas, screened porches or patios, or similar structures shall be erected upon any site for recreational vehicles, provided, however, that any such structures existing on sites on September 2, 1980, shall be deemed lawfully existing, nonconforming, nonresidential structures pursuant to Article 8.

d.         Additional Standards for Park Trailers

1.          In RMH, OUE and OUR zoning districts, any park trailer that remains on site for longer than 45 consecutive days must obtain a park trailer placement permit after 45 days and be installed according to applicable codes for park trailer placement.

i.          All external appurtenances attached to park trailers for longer than 45 consecutive days are required to obtain a building permit. Reasonable building permit and inspection fees shall be due upon petition for placement of a park trailer, or installation of an external appurtenance.
ii.        No other charges or fees shall be due, including, but not limited to, road assessment fees and other impact fees, if the site on which the park trailer shall be placed, or the external appurtenance installed, had been previously approved for occupancy.
iii.      Park trailers located in Federal Emergency Management Agency (FEMA) flood hazard zones for more than 45 days must be elevated to meet the Sarasota County Flood Plain Management Ordinance, as amended, and NFPA (National Fire Protection Association) structure separation #501A, as amended. Where required, a current elevation certificate indicating the lowest floor elevation of the park trailer is required prior to the unit receiving a certificate of occupancy; however, in unnumbered "A" flood hazard zones, park management and/or property owners may submit a letter to the Development Services Permitting and Inspections Office certifying that all park trailers will be installed a minimum of 24 inches above existing adjacent grade. This elevation certificate or letter shall bear the seal of a Florida Registered Surveyor or engineer.

iv.   No impact fees or other assessments shall be charged if the site on which the park trailer is installed is within the number of sites previously approved for occupancy.

 
v.    The removal of wheels and placement of a park trailer on a foundation in a recreational vehicle park in an OUR and OUE District is prohibited, except in Federal Emergency Management Agency (FEMA) flood hazard zones.
vi.     Structural or non-structural improvements to recreational vehicle sites in OUE and OUR districts are permitted.

2.       External appurtenances such as screened enclosures and awnings on recreational vehicle sites are permitted provided that the appurtenance meets the following limitations.

i.        External appurtenances may be attached to park trailers provided that such appurtenances are constructed following issuance of a building permit. 
ii.       Such external appurtenances shall be dismantled if the recreational vehicle to which they are attached is removed from the recreational vehicle site.
iii.      Screened enclosures shall meet the following standards.

(a)     No more than one screened enclosure is permitted on a recreational vehicle site.

(b)     The screened enclosure may not exceed 10 feet in width nor extend past the front or rear of the park trailer.

(c)      The screened enclosure must have a roof made of canvas or composite aluminum.

(d)     The walls of the screened enclosure must be made of non-rigid material such as canvas, screen or soft vinyl; conventional material such as aluminum, wood, glass and glazing is not permitted.

(e)      No screened enclosure shall be installed so as to be free standing from the park trailer.

(f)        The screened enclosure shall be supported by posts, columns or other suitable material and securely attached to the park trailer and the ground.

(g)      No HVAC systems, plumbing systems or electrical systems shall be installed in any screened enclosure, however, electric service may be provided to the screened area through exterior outlets installed in the park trailer.

(h)      No screened enclosure shall be located closer than five feet to any recreational vehicle site line.

iv.    Recreational vehicles other than park trailers may have an aluminum awning in lieu of a canvas or vinyl awning provided the aluminum awning can be folded against the recreational vehicle and attached to the recreational vehicle when it is moved to other locations. Non-rigid or conventional walls are not permitted with a hinged aluminum awning system attached to a recreational vehicle other than a park trailer.

3.        After October 27, 2003, every building permit or placement permit issued for a park trailer site shall also require that appurtenances meet the standards of this Section.

4.      Notwithstanding the provisions above, any park trailer and associated external appurtenances located on sites for recreational vehicles in recreational vehicle parks and campgrounds on October 27, 2003, shall be deemed lawfully existing, nonconforming structures, for which building permits shall not be required.

e.         Minimum Park Area

50 acres.

f.           Location and Access

A recreational vehicle park and campground shall be so located that no entrance or exit from a park shall discharge traffic into any residential district, nor require movement of traffic from the park through a residential district. A recreational vehicle park and campground shall have a minimum of 150 feet of frontage on a public street.

g.          Site Conditions

Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.

h.         Accessory Uses

Management headquarters, recreational facilities, toilets, dumping stations, showers, coin operated laundry facilities, recreational vehicle and boat storage areas, and other uses and structures customarily incidental to operation of a recreational vehicle park and campground are permitted as accessory uses to the park. In addition, stores, restaurants, beauty parlors, barber shops, and other convenience establishments shall be permitted as accessory uses in recreational vehicle parks, and campgrounds in districts where such uses are not allowed as principal uses, subject to the following restrictions:

1.        Recreational vehicle and boat storage areas shall not occupy more than five percent of the gross area of the park. Recreational vehicle and boat storage areas in recreational vehicle parks and campgrounds shall be surfaced in grass, shell, gravel, paving or other suitable material. Recreational vehicle storage shall be construed to mean placement of the recreational vehicles in an area of the recreational vehicle park where the recreational vehicle will be unoccupied and will not be connected to essential utilities such as water, sewer and electric. Recreational vehicle and boat storage areas do not include or allow servicing or washing of the recreational vehicles or boats.

2.        Such establishments shall be restricted in their use to occupants of the park.

3.        Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.

4.        The structures housing such facilities shall not be located closer than100 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park.

i.          Streets

Streets in recreational vehicle parks and campgrounds shall be private, but shall be constructed in accordance with the Chapter 74, Land Development Regulations, or the Sarasota County Code.

j.         Buffers

A landscaped buffer area of not less than 25 feet and in accordance with Section 7.3.4, of these zoning regulations is required along all streets and boundaries of the recreational vehicle park or campground, provided that at the time of the granting of a special exception, additional buffer areas and types may be required in developed areas and areas of projected future growth.

k.        Sites

Each recreational vehicle site or space shall be at least 2,500 square feet in area. However, in no case shall the maximum density of a recreational vehicle park exceed five units per acre. Each site shall contain a stabilized vehicular parking pad of shell, marl, paving, or other suitable material. In no case shall a recreational vehicle be located closer to another recreational vehicle than ten feet.

l.            Other Regulations to be Met

All other applicable regulations of the State of Florida and Sarasota County shall be met, and particularly, but not limited to, sanitary and safety facilities. All sites shall have central water and sanitary sewer facilities.

m.       Recreation Facilities

A minimum of eight percent of the gross site area for the recreational vehicle park or campground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No recreational vehicle or campground site, required buffer, street right-of-way, storage area, or utility site shall be counted as meeting recreational purposes.

n.         Design of Access to Park

Entrance and exits to recreational vehicle parks and campgrounds shall be designed for safe and convenient movement of traffic into and out of the park, and to minimize impacts on movement of traffic on adjacent streets. All traffic into or out of the park shall be through such entrances and exists. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the street within, (a) 100 feet where speed limit is less than 45 m.p.h., or (b) 150 feet where speed limit is 45 m.p.h. or more, of any portion of the approach lane of the accessway within 25 feet of its intersection with the right hand lane of the street.

o.          Off-Street Parking, Loading and Maneuvering Space

In connection with use of any recreational vehicle park or campground, no parking, loading, or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk, required buffer, or right of way, or on any public grounds, or on any private grounds not part of the recreational vehicle park, unless the owner has given written permission for such use. Each recreational vehicle park or campground shall provide off-street parking, loading, and maneuvering space located and scaled so that the prohibitions above may be observed, and park owners shall be held responsible for violations of these requirements.

p.         Procedures

1.        Petitions for rezoning to the RMH district which include a recreational vehicle park or campground, or petition for special exception in the RMH, OUR or OUE districts for a recreational vehicle park or campground, shall submit a development concept plan containing sufficient information to provide the Planning Commission and the Board of County Commissioners a sound basis upon which to reach a decision.

2.        Site and development plans for recreational vehicle parks and campgrounds shall be processed in accordance with procedures set out in the Sarasota County Land Development Regulations. The same information and data shall be furnished at each stage of plan approval as is required in preliminary subdivision plan approval, but no final plat shall be made of record.

3.        After all required improvements have been completed for a recreational vehicle park and campground, or an approved construction unit of a park or campground, the County Departments involved shall in writing confirm that the improvements have been completed. Until that confirmation has been received, no recreational vehicle or other unit shall be placed thereon.

q.         Recreational Vehicle Park Combined with Manufactured Home Park

1.        Where the owner of a parcel zoned RMH desires to carry on a joint manufactured home park and recreational vehicle park, such total operation shall be presented in the rezoning to the RMH district, in conjunction with the filing of a special exception. The petition shall clearly delineate those areas to be devoted to such uses and shall particularly include details as to how the manufactured home section shall be buffered from the recreational vehicle or campground section.

2.        No mixing of recreational vehicle and manufactured home sites is permitted, except that existing parks with a mix or recreational vehicles and manufactured homes may replace such units with a unit of the same type.

3.        No vehicular access to the recreational vehicle park or campground shall be through the manufactured home section of the park and the manufactured home portion of the park shall have at least one entrance and exit which does not require passage through the recreational vehicle park or campground section.

4.        Recreation facilities may be jointly used, but the total percentages of land area to be devoted to recreation facilities must total the percentages for the manufactured home park and recreational vehicle park or campground separately computed.

 

 

6.10     Commercial and Industrial District Standards

6.10.1.       Commercial and Industrial District Development Intensity Table

The following table summarizes the development standards in the commercial and industrial districts. Additional standards by district follow the table.

 

Standards

CN

OPI

CG

CI

CHI

CM

IR

ILW

Density (maximum DU/acre)

  Residential

     Density by Right

     Density by Right in adopted

        Revitalization or Redevelopment Plan

     Density by Special Exception

  Transient Accommodations

     Over 25% of units with kitchen

     Up to 25% of units with kitchen

Open Space (minimum)

 

 

9.0

 

13.0

---

---

---

 

 

9.0

 

13.0

---

---

---

 

 

9.0

 

13.0

13.0

---

13.0

26.0

*

 

 

9.0

 

13.0

---

---

---

 

 

---

 

---

 

 

18.0

36.0

30%

 

 

9.0

 

13.0

 

 

13.0

26.0

---

 

 

---

 

---

---

---

---