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 7.      General Development Standards

7.1                 Off-Street Vehicular Facilities: Parking and Loading

7.1.1.        Intent

It is the intent of these zoning regulations that the public interest, welfare and safety require that every building and use erected or instituted after October 27, 2003 shall be provided with adequate off-street parking facilities for the use of occupants, employees, visitors, customers or patrons. It is also the intent of these zoning regulations that the public interest, welfare, and safety require that certain uses provide adequate off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued so long as the principal use continues.

7.1.2.        Off-Street Parking, Loading or Vehicular Facilities

Wherever in any zoning district off-street facilities are provided for the parking, outdoor storage or display of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self‑propelled or not, and all land upon which vehicles traverse the property as a function of the primary use (including "drive‑in" facilities), hereinafter referred to as "other vehicular uses", such off-street facilities and land shall conform to the minimum requirements of these zoning regulations.

7.1.3.        Parking of Commercial Vehicles in Residential and Open Use Districts

a.      The intent of this Section is to prohibit the parking and storage in residential or open use districts of vehicles that are primarily used for commercial purposes, or are inappropriate in residential districts due to their weight, size or length, unless the use and parking of such vehicles is identified in Section 5.3.1.a.6, Use Regulations, as a permitted, limited or special exception use.  

b.       The parking, servicing, repair and storage of trucks, buses, vans, tractors, and trailers in excess of 6,000 lbs. vehicle empty weight, as listed on the vehicle registration form, is prohibited in the any residential or open use district except that on residential or open use parcels of one acre or greater outside the urban service boundary, the empty weight of a personal vehicle shall not exceed 7,500 lbs. This vehicle empty weight restriction shall not apply to licensed recreational vehicles. Trailers are considered single- or double-axled platforms complete with towing tongues for the purposes of hauling items. Trailers shall be open or enclosed; however, removable walls are to be included in trailer weight. The trailer empty weight shall not exceed 2,500 lbs. as listed on the trailer registration form.

c.        In addition to the vehicles listed in paragraph b. above, stake-bed trucks, flatbed trucks, box trucks, step vans, tow trucks, wreckers, bucket trucks, or vehicles converted for the sale of food are prohibited in residential and open use districts, regardless of their empty vehicle weight.

d.       The parking, servicing, repair and storage of construction equipment is prohibited in any residential or open use district except in connection with authorized active continuing construction on the premises, and except as expressly provided in Section 5.3.1.a.6.

e.         The parking and storage of lawn service equipment is permitted in any residential or open use district provided:

1.        It is operated by the owner or tenant of the residence with no advertising or employees coming to or from the residence;

2.        No motorized vehicle shall exceed 6,000 lbs. vehicle empty weight (as listed on the vehicle registration form); and

3.        No trailer shall exceed 16 feet in length or 2,500 lbs. empty weight (as listed on the vehicle registration form).

7.1.4.        Parking, Storage, or Use of Certain Recreational Equipment

a.       For the purpose of this paragraph, recreational vehicles and equipment are hereby defined as including boats, travel trailers, camping trailers, truck campers, motor homes, private motor coaches and van conversions, which are licensed by the State as such.

b.       These vehicles or equipment may be parked and stored in residential zoning districts (except where specifically prohibited) provided the vehicle is operational with current license tags and is on the property of the owner or tenant who resides at the residence and is the personal property of the owner or tenant.

c.        No lot or parcel of land shall contain more than one boat and one recreational vehicle stored outside of a completely enclosed building, and no such vehicle or equipment shall be used for living, sleeping, housekeeping or business purposes. In addition, no such vehicle or equipment shall be connected to utility services except in preparation for departure.

d.         Private aircraft may be parked or stored in any zoning district provided:

1.        In the OUA, OUR, and OUE districts, aircraft may be parked or stored outside a completely enclosed building provided a private landing strip is available for use on the same property or other property within a platted residential subdivision, and that aircraft access to the landing strip is not provided on public road rights-of-way.

2.        In the RE-1 and RE-2 districts, no more than one aircraft may be parked or stored outside a completely enclosed building, provided that any aircraft stored or parked outside must be located in the rear or side yard.

3.        In the RE-3, RSF and RMF districts, no aircraft may be parked or stored outside of a completely enclosed building.

7.1.5.      Parking and Storage of Certain Vehicles

Automotive vehicles, or trailers of any type, without current license plates and current inspection stickers where required by law shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

7.1.6.       Applicability

a.        Off-street parking and off-street loading facilities shall be provided as set forth in these zoning regulations.

b.       Buildings and uses lawfully existing as of July 1, 1987 may be modernized, altered or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or change in use of existing floor area that would increase parking demands (i.e., more seating, change storage area to office or retail area, etc.).

c.        Where a building or use existed as of July 1, 1987 and such building or use is enlarged by 2,000 square feet or more of impervious area, off-street parking and off-street loading as specified in these zoning regulations shall be provided for the entire use, including both existing and enlarged areas. Only the new parking areas are required to meet the current landscape island and median requirements of Section 7.3.18.

d.       Change in use of a building or use existing as of July 1, 1987 shall require additional off-street parking and off-street loading facilities to comply with the requirements of these regulations for the new use unless:

1.        The building, unit of a building or use is less than 2,000 sq. ft. in floor area;

2.        The building, unit of a building or use is located in an area with non-assigned common parking by deed or common public parking on County right of way; or

3.       The new use has the same parking requirement or a lesser requirement than the previous one.

e.       New building construction on vacant lots or parcels in existing subdivisions and developments which provide non-assigned common parking by deed, or common public parking on County right of way, need not provide parking in accordance with these regulations.

f.        The design, construction and arrangement regulations herein set out for off-street vehicular facilities do not apply to single- and two-family dwellings. The design construction and arrangement regulations herein set out for off-street vehicular facilities do not apply to parking and vehicle use areas constructed prior to November 11, 1975.

g.       Required off-street parking shall not be used for sales, display, storage, repair, dismantling or servicing of any type or kind or any other business activity, nor shall areas devoted to such activities count as meeting off-street parking requirements.

h.       No parking shall be located in required buffer areas.

i.         Required side and rear yards may be used for off-street parking in residential districts, subject to required buffer areas.

j.         Required street yards shall not be used for off-street parking purposes, except for single-family homes, two-family homes or property in the Tourist Resort (TR) District, subject to required buffer areas.

k.       Subject to required buffer areas, all required yards in commercial and industrial districts may be used for off-street parking.

l.        The required number of off-street parking spaces or area of off-street loading facilities may be reduced by up to ten percent where necessary to protect existing trees as defined in Section 7.3.3, or to add landscaping to an existing parking area.

m.      The landscaping provisions of Section 7.3.18 shall apply to all new off-street parking or other vehicular use areas, and additions to existing parking and vehicular use areas. Prior to issuing any certificate of occupancy for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required.

7.1.7.     Off-Street Parking Ratios

a.        In General

1.       The following required parking ratios are presumed appropriate for development within Sarasota County. Where in the opinion of the applicant, a listed ratio requires too much or too little parking, the applicant may provide an alternative parking plan with data submitted by the applicant in support of higher or lower ratios (in accordance with Section 7.1.11). The County Engineer and Zoning Administrator shall review and make a final decision on the plan.

2.       Where development on a specific site has already occurred according to the ratios of this Section, but the site exhibits a continuing or recurring parking problem that creates a hazard to public safety, the Zoning Administrator shall have the authority to require an alternative parking plan that illustrates a solution to the parking problem. The Zoning Administrator’s decision to require such a plan may be appealed to the Zoning Board of Appeals.

3.       Regardless of any other requirement of these zoning regulations, each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision to the contrary is made herein.

b.        Required Parking Ratios

The following minimum off-street parking requirements are applicable to all base zoning districts.

c.       Parking Requirements for Unlisted Uses

The Zoning Administrator shall apply the standards of these zoning regulations unless an alternative parking plan has been approved. Where a use is not listed, the Zoning Administrator shall first determine whether the proposed use is similar to a use listed in the table above (and apply that standard). Where a use is not similar to any use listed in the table, the Zoning Administrator shall require the approval of an alternative parking plan based on parking ratio data submitted by the applicant (see Section 7.1.11).

d.      Special Parking Requirements

Special parking requirements for the HPIOD District (Section 4.10.1), the CTOD District (Section 4.10.2), and the MSOD District (Section 4.10.3) modify the ratios of the table above for certain uses.

7.1.8.      Maximum Parking Permitted

a.       No use shall provide more than 100 percent of the required parking shown in the table in Section 7.1.7 above unless any parking above the 100 percent threshold is constructed to be pervious. Pervious parking areas shall meet the requirements of Section 7.1.13.k below.

b.       Where a project is intended to be developed in phases, the Zoning Administrator may approve development of a parking area intended to serve current and future phases of the development and in such circumstance the number of parking spaces may exceed the 100 percent maximum of the phase proposed.

7.1.9.      Rules for Computing Required Spaces

a.       Mixed Uses

In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements of the various uses computed separately and the off-street parking space for one use shall not be considered as providing the required off-street parking for any other use.

b.       Fractional Measurements

When units or measurements determining number of required off-street parking spaces result in requirement of a fractional space, then such fraction equal to or greater than one‑half shall require a full off-street parking space.

c.       Uses Not Specifically Mentioned

Off-street parking requirements for uses not specifically mentioned in the off-street parking schedules shall be the same as provided in the schedules for the use most similar to the one sought, it being the intent of these zoning regulations to require all uses to provide off-street parking, unless specific provision is made to the contrary. Any such determination shall be made by the Zoning Administrator.

d.       Floor Area Measurement

Where the off-street parking requirements are based on floor area, the following areas shall be excluded from the calculation of required parking:

1.        Public corridors;

2.        Common restrooms;

3.        Attic areas with a headroom of less than seven feet;

4.        Unenclosed stairs or fire escapes;

5.        Elevator structures;

6.        Cooling towers;

7.        Areas devoted to air conditioning, ventilating, heating or other building machinery and equipment;

8.        Parking structures; and

9.        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.

e.       Other Miscellaneous Measurements

1.        In hospitals, bassinets shall not count as beds.

2.        In stadiums, sports arenas, religious institutions, and other places of public assembly in which occupants utilize benches, pews or other similar seating arrangements, each 24 lineal inches of such seating facilities shall be counted as one seat for the purpose of computing off-street parking requirements.

7.1.10.     Location of Required Spaces

Required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve, except as set forth in Section 7.1.11 below.

7.1.11.     Alternative Parking Plans

The Zoning Administrator shall be authorized to approve alternative plans for providing off-street parking spaces required by this Section in accordance with this section.

a.       General

1.        Procedure

Alternative Parking Plans shall be reviewed and approved in accordance with the procedures of Section 3.8, Administrative Adjustment.

2.        Recordation of Approved Plans

An attested copy of an approved Alternative Parking Plan must be recorded in the deed records for Sarasota County on forms made available in the Development Services Business Center. An Alternative Parking Plan may be amended by following the same procedure required for the original approval. The applicant shall provide proof of recordation prior to approval of the certificate of occupancy.

3.       Violations

Violations of an approved Alternative Parking Plan constitute a violation of these zoning regulations and will be subject to the enforcement and penalty provisions of Article 9, Enforcement.

b.       Applicant-Submitted Parking Data

Where the applicant feels the parking ratios of Section 7.1.7 are either too high or too low, or where the proposed use is not listed in the table, data submitted by the applicant may be used to determine the appropriate ratio for the specific proposed use. Such data may include site studies from similar uses, generally accepted engineering standards (for example, ITE trip rates), or independent engineering calculations based on the nature of the proposed use. The Zoning Administrator, in coordination with the County Engineer, shall evaluate such submittals to determine an acceptable ratio for the proposed use.

c.        On-Street Parking

On-street parking spaces located immediately abutting the subject parcel, entirely within the extension of the side lot lines into the roadway, and not within any required clear sight triangle may be counted toward meeting off-street parking requirements.

d.       Off-Site Parking

The Zoning Administrator may approve the location of required off-street parking spaces on a separate lot from the lot on which the principal use is located if the off-site parking complies with the all of following standards.

1.       Ineligible Activities

Off-site parking may not be used to satisfy the off-street parking standards for residential uses (except for guest parking), as well as convenience stores or other convenience-oriented uses. Required parking spaces reserved for persons with disabilities may not be located off-site.

2.       Location

No off-site parking space may be located more than 600 feet from the primary entrance of the use served (measured along the shortest legal pedestrian route). Off-site parking spaces may not be separated from the use served by an arterial street right-of-way (as designated in the Comprehensive Plan), unless a grade-separated pedestrian walkway is provided, or other traffic control or remote parking shuttle bus service is provided.

3.       Zoning Classification

Off-site parking areas for uses located in a nonresidential district shall not be located in any residential district, except by special exception in accordance with Section 7.1.12.

4.       Agreement for Off-Site Parking

In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement between the record owners is required. The owner of the off-site parking area shall enter into a written agreement with the County, with enforcement running to the County, providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and that the owner agrees to bear the expense of recording the agreement and such agreement shall bind his or her heirs, successors, and assigns. An attested copy of the agreement between the owners of record must be submitted to the Zoning Administrator for recordation in form established by the Office of the County Attorney. Recordation of the agreement must take place prior to issuance of a building permit or certificate of occupancy for any use to be served by the off-site parking area. An off-site parking agreement may be revoked only if all required off-street parking spaces will be provided, in accordance with the off-street parking schedules in this Section.

e.       Combined Off-Street Parking

1.          Two or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately except in accordance with this paragraph. Any arrangement for combined off-street parking shall be subject to the filing of a legal instrument satisfactory to the Office of the County Attorney ensuring that such off-street parking will be maintained in the future so long as a use or uses requiring such off-street parking continue.

2.          No part of an off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use except as shared parking as set forth in subsection f. below.

3.          Required parking spaces reserved for persons with disabilities may not be located off-site.

f.        Shared Parking

The Zoning Administrator may approve shared parking facilities for developments or uses with different operating hours or different peak business periods if the shared parking complies with the all of following standards.

1.       Ineligible Activities

Shared parking may not be used to satisfy the off-street parking standards for upper-story residential uses. Required parking spaces reserved for persons with disabilities may not be located off-site.

2.       Location

Shared parking spaces must be located within 600 feet of the primary entrance of all uses served. Required parking spaces reserved for persons with disabilities shall meet all requirements of the Florida Accessibility Code.

3.       Zoning Classification

Shared parking areas for uses located in a nonresidential district shall not be located in any residential district.

4.       Shared Parking Study

Those wishing to use shared parking as a means of satisfying off-street parking requirements must submit a shared parking analysis to the Zoning Administrator that clearly demonstrates the feasibility of shared parking. The study must be provided in a form established by the Zoning Administrator and made available to the public. It must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

5.       Agreement for Shared Parking

A shared parking plan shall be enforced through written agreement among all owners of record. The owner of the shared parking area shall enter into a written agreement with the County with enforcement running to the County providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and that the owner agrees to bear the expense of recording the agreement and such agreement shall bind his or her heirs, successors, and assigns. An attested copy of the agreement between the owners of record shall be submitted to the Zoning Administrator for recordation in a form established by the Office of the County Attorney. Recordation of the agreement must take place before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided on-site in accordance with the off-street parking schedules in this Section. The written agreement shall be voided by the County if other off-street facilities are provided in accord with these zoning regulations.

6.       Change in Use

Where the uses subject to a shared parking agreement change, the Zoning Administrator shall have the authority to require a revised shared parking study and a new shared parking agreement when the revised shared parking study indicates additional parking is required.

g.       Valet Parking

The Zoning Administrator may approve valet parking as a means of satisfying otherwise applicable off-street parking requirements where all of the following standards have been met.

1.       Adequate assurance of the continued operation of the valet parking is provided, such as a contractual agreement for valet services or the tenant’s affidavit agreeing to provide such services;

2.        An equivalent number of valet spaces are available to replace the required parking spaces. Such valet spaces do not require individual striping, and may take into account the tandem or mass parking of vehicles. All valet parking areas shall meet the requirements of Section 7.3.18, Off-Street vehicular Landscaping Requirements.

3.        Valet parking drop-off locations shall meet the requirements of Section 7.1.14, Vehicle Stacking Areas.

4.       The valet parking spaces shall comply with Sarasota County drainage and construction standards; and

5.       The design of the valet parking shall not cause customers who do not use the valet service to park off-premise or cause queuing in the right-of-way.

7.1.12.    Parking Lots Allowed by Special Exception

When RE, RSF or RMF Districts adjoin a commercial or office district without an intervening street, but with or without an intervening alley, off-street parking lots in connection with nearby existing commercial or office uses may be permitted by special exception in accordance with Section 3.16, provided that:

a.       Such parking lots may be permitted only between the commercial or office district and the nearest street in the residential district.

b.       Landscaped buffer area required on all non-street property lines.

c.        No source of illumination for such lots shall be in excess of the standards in Section 7.5.

d.       No movement of vehicles on such lots between the hours of 10:00 P.M. and 7:00 A.M., and greater limitations may be imposed where so required.

e.       There shall be:

1.          No sales, sales display, or service activity of any kind;

2.          No commercial renting or selling of spaces;

3.          No parking of automotive vehicles other than passenger automobiles; and

4.          No parking of automobiles for periods of longer than 24 hours.

f.         No access from the parking area to a local residential street shall be permitted.

g.        Site and development plan is required.

h.          Notwithstanding any requirement for pervious paving materials elsewhere in this Section, the applicant may request impervious paving of the proposed spaces at the time of special exception as indicated on the proposed development concept plan.

i.       The development concept plan for the Special Exception shall depict the land area covered by the special exception petition and the abutting commercial or office area to be served by said off-street parking.

7.1.13.    Off-Street Parking Design Standards

a.       Safe and Convenient Access

Each required off-street parking space and off-street parking facility shall:

1.        Be arranged for convenient access and safety of pedestrians and vehicles; and

2.        Be so arranged that no vehicle shall be required to back from such facilities directly onto public streets, except as set forth in paragraph 3 below.

3.        In addition to the requirements in paragraph 1. above, Office and Personal Service Oriented Retail Sales and Service uses in the HPIOD are subject to the standards in section 4.10.1.f.

b.       Plans Required

A plan shall be submitted with every petition for a site and development plan for any building or use that is required to provide off-street parking. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relationship of the off-street parking facilities to the uses or structures such facilities are designed to serve. The proposed landscaping to comply with requirements of these regulations shall be depicted on the landscape plan, as well as tree protection requirements, where applicable.

c.          Off-Street Parking Dimensional Standards

1.          Each parking space shall be a minimum of 9 feet wide by 18 feet long.

2.          Minimum aisle width shall be as follows:

3.        In the CHI District, a maximum of 10% of the required parking spaces may be provided as pull-through spaces for recreational vehicles, lawn service vehicles, or tractor trailers. One pull-through space shall be equivalent to two regular spaces.

4.       Tandem Parking

All single-family dwelling units (including manufactured housing), upper-story residential and two-family dwelling units may provide required parking for up to two vehicles in tandem spaces. Such spaces shall be no less than ten feet in width and a minimum of 35 feet in depth for the pair of vehicles. Such tandem parking shall not extend over the sidewalk or otherwise interfere with pedestrian or vehicular movement.

d.       Accessible Parking for Physically Handicapped Persons

All parking areas shall meet the requirements of the Florida Accessibility Code.

e.       Properties on Well and Septic Systems

No off-street parking facility or other vehicular use area shall be located over a drainage field or septic system.

f.         Landscaping Required

Wherever in any zoning district off-street facilities are provided for parking or any other vehicular uses as provided in this Section, such off-street facilities and land shall conform to the minimum landscaping requirements set forth in these zoning regulations; except that single- and two‑family residential uses on individually platted lots and multi-level parking structures shall be exempt from such requirements. See Section 7.3.18 for further details.

g.        Parking Lot Landscape Islands

Off-street parking areas in excess of 1,500 square feet or five spaces shall provide interior landscaped areas in accordance with the following requirements.

1.        Landscaped islands shall be located to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction.

2.         All rows of perimeter parking spaces shall contain no more than 15 parking spaces uninterrupted by a required landscape island, and no parking space in any such row shall be separated from a required landscape island by more than seven parking spaces.

3.         All rows of parking spaces shall terminate in a curbed landscaped island. Each island shall contain a minimum of 170 square feet with a minimum width of ten feet inside the curb and include one canopy tree as described in Section 7.3.18.b.6.ii.

4.      The remaining area shall be surfaced with shrubs, ground cover, grass, or other landscape material (excluding rock or shell).

5.      Avoid running utility lines and pipes under parking lot islands.

h.         Medians Between Tiers

1.       Single-Tier Parking Layout

1.Where tiers of interior parking spaces are proposed to abut one another, they shall be designed so as to have a landscape median area of not less than 10 feet in width between such tiers, measured to back of curb. The tiers shall be landscaped in accordance with Section 7.3.18. There shall be no more than 15 parking spaces uninterrupted by a landscape island at least 10 feet in width. No parking space in any such tier shall be separated from a required landscape island by more than seven parking spaces.

2.     Multi-Tier Parking Layout Options

i.        Required medians may be combined. Where two medians are combined, one 15-foot median may be substituted, and the other median eliminated. Both tiers, whether they contain a median or not, shall contain no more than 10 spaces in a row without a landscape island at least 10 feet in width. A sidewalk may be added down the center of the combined median. Such sidewalks may meander provided that a minimum of three feet of landscaped area is included on either side of the sidewalk. The remaining area is not considered adequate to support a canopy tree, therefore the applicant shall select from other trees or palms on the approved parking lot list.

ii.        Required medians may be eliminated. Where the median is eliminated, the landscape islands shall be increased in width to 20 feet inside of curb. There shall be no more than 10 spaces in a row without a landscape island.

iii.      Where medians have been eliminated, up to ten percent of the spaces may be designed as pull-through spaces for trailers and oversized vehicles

i.         Curbs

Where off-street facilities are provided for parking or any other vehicular use areas, they shall have curbs so as to prevent vehicles from overhanging on or into adjacent property, or landscaped areas. Where vehicles will overhang over medians or islands, shrubs and trees shall be planted a minimum of two feet from back of the curb. Where alternative parking surfaces are provided as set forth in subsection k. below, the Zoning Administrator may allow wheel stops in place of curbs.

j.         Markings

1.       Each required off-street parking space and off-street parking facility shall be identified as to purpose and location when not clearly evident;

2.       If parking areas are in excess of 1,500 square feet or five off-street parking spaces, individual spaces shall be marked.

k.          Surfacing

1.        Surface Required

Where off-street facilities are provided for parking or any other vehicular use areas, they shall be surfaced with asphalt bituminous, concrete or dustless material approved by the County Engineer, and maintained in a smooth, well‑graded condition, except as provided below.

2.        Grass Lawn or Shell Parking

i.         General. Grass lawn, shell or other pervious parking surfaces may be permitted for specific uses as set forth below, provided they are approved by the Zoning Administrator and County Engineer. Where provided, such alternative parking surfaces shall be maintained in a smooth, well-graded condition. If parking demand is such that said grass or lawn is caused to be damaged or destroyed to the extent that said grass or lawn ceases to grow, then paving of such an area in accordance with this Section may be required.

ii.        Alternative Parking for Specific Uses

(a)      Any structure located in the HPIOD may provide all driveways, access aisles and parking spaces (excluding handicapped) surfaced in grass lawn or shell.

(b)     All driveways, access aisles and parking spaces (excluding handicapped) may be surfaced with grass lawn or shell for the following uses: accessory dwelling units, places of worship, properties zoned Commercial Transition Overlay District, public parks, public and private schools, and recreational vehicle and boat storage areas within a recreational vehicle park or campground. This provision may also apply to kennels, riding academies, and plant nurseries in the OUE zone district provided that such uses area in areas designated Rural and Semi-Rural on the Comprehensive Plan Future Land Use Map.

(c)      Wholesale nurseries shall pave and construct all entryways located within public and private rights-of-way. Said entryways shall be constructed to the requirements of the Land Development Regulations, Chapter 74 of the Sarasota County Code.

(d)      Public stables and riding academies shall construct all driveways providing access to a public or private street with a shell, asphalt bituminous or concrete surface between the public or private street and the off-street vehicular parking facility and such surface shall be maintained in a smooth, well-graded condition.

(e)     For all other uses, up to 25 percent of the required parking and vehicular use areas may be surfaced with grass lawn or shell.

iii.        Siesta Key Overlay District. Driveways, access aisles and parking spaces on properties in the Siesta Key Overlay District may be surfaced with shell, gravel or similar material, provided that any such driveway shall have along its edges at the street access point a ribbon curb or similar limiting structure to ensure that the entrance is not enlarged over time. Driveways, access aisles and parking spaces shall be maintained in a smooth, well-graded condition. Driveways shall be designed and constructed with a stabilized ground surface to ensure emergency vehicle access to the property.

3.        Paving Next to Existing Trees

Where an existing tree is adjacent to a parking area, paver bricks or other pervious surface shall be used within the dripline of the tree.

l.         Drainage Facilities

Where off-street facilities are provided for parking or any other vehicular use areas, they shall be drained so as not to cause any nuisance on adjoining or nearby properties as determined by the County Engineer.

m.      Vehicle Encroachment

Vehicles shall not be permitted to encroach into adjacent landscaped areas except in accordance with Section 7.3.18.b.5.

n.        Lighting

Lighting is required in all public parking areas. See Section 7.5, Outdoor Lighting.

o.       Separation From All Buildings

All parking shall be separated from all buildings by a minimum distance of three feet.

7.1.14.         Vehicle Stacking Areas

The vehicle stacking standards of this subsection shall apply unless otherwise expressly approved by the County Engineer. The County Engineer may require additional stacking spaces where trip generation rates suggest that additional spaces will be needed.

a.       Minimum Number of Spaces

Off-street stacking spaces shall be provided as follows:

b.       Design and Layout of Stacking Spaces

Required stacking spaces are subject to the following design and layout standards:

1.       Size

Stacking spaces must be a minimum of 8 feet by 20 feet in size.

2.       Location

Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.

3.       Design

Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary by the County Engineer for traffic movement and safety.

4.       Gatehouse Entries

Gatehouse entries shall be designed so that vehicles may turn around without entering the gated area.

c.       Drive-Through Windows

Drive-through windows and lanes shall be designed to adhere to the following standards:

1.       Drive-through windows placed between the right-of-way of a roadway and the associated building shall require a parking buffer as set forth in Section 7.3.7 installed and maintained along the entire length of the drive-through lane, located between the drive-through lane and the adjacent right-of-way.

2.       No drive-through window shall be permitted on the side of a building adjacent to any residential district.

d.         Voluntary Valet Parking

Where valet parking is offered in addition to the required number of parking spaces, the following standards shall be met:

1.       Valet parking drop-off locations shall meet the required of Section 7.1.14, Vehicle Stacking Areas; and

2.       The design of the valet parking shall not cause customers who do not use the valet service to park off-premise or cause queuing in the right-of-way.

7.1.15.   Off-Street Loading

a.        Plans Required

A plan shall be submitted with every site and development plan, building permit, or certificate of occupancy for any use or structure required or proposing to provide off-street loading facilities. The plan shall accurately designate the required or proposed off-street loading spaces, access thereto, dimensions and clearance. Such plan shall be reviewed by the County Engineer.

b.       Minimum Dimensions

Where off-street loading spaces are required, they shall be 10 feet wide by 40 feet long.

c.        Design of Spaces

1.      Off-street loading facilities are required by these zoning regulations so that vehicles engaged in unloading will not encroach on or interfere with the public use of streets, sidewalks, and alleys by automotive vehicles or pedestrians and so that adequate space is available for the unloading and loading of goods, materials, items or stock for delivery and shipping.

2.       Off-street loading facilities provided to meet the needs of one use may not be considered as meeting the needs of another use.

3.       Off-street parking facilities may not be used or counted as meeting off-street loading requirements.

d.       Spaces Required

1.       Residential Uses

Each multifamily building containing 100 or more dwelling units shall provide one off-street loading space per building.

2.        Commercial and Industrial Uses

i.         Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, restaurant, laundry, dry cleaning establishment or similar use shall provide loading according to the following table.

ii.       Any vehicle sales or similar use requiring delivery of vehicles by truck shall demonstrate adequate on-site area exists for the loading and unloading of such trucks. Such loading and unloading activity shall not be permitted in any public right-of-way.

iii.      Any convenience store or similar use requiring frequent deliveries by truck shall demonstrate adequate on-site area exists for the loading and unloading of such trucks. Such loading and unloading activity shall not be permitted in any public right-of-way.

iv.      Any limited access self-storage facility or similar use shall provide one loading area per 10,000 square feet of storage area.

v.        Vehicles shall have access to loading areas only from arterial or collector roadways – not from local streets.

vi.      Loading areas shall be signed to indicate “no idling.”

vii.     Any loading area located adjacent to a residential use shall not receive deliveries between the hours of 11 PM and 6 AM.

3.       Other Unlisted Uses

For any use not specifically mentioned, the requirements for off-street loading facilities for a the most similar use, as determined by the Zoning Administrator, shall apply.

4.       Exemption for Certain Uses

The Zoning Administrator may waive or reduce the loading requirements of this Section where the applicant can demonstrate that vehicles requiring loading areas are not an integral part of the proposed or future use of the proposed facility.

e.       Change in Use, Enlargement or Expansion

1.        When the use of a structure or land or any part thereof is changed to a use requiring off-street loading facilities, the full amount of off-street loading space required shall be supplied and maintained.

2.        When any structure is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size.

f.        Access

Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

g.       Combined Off-Street Loading

Collective, joint or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby.

h.       Landscaping

All loading areas shall be required to provide a parking buffer in accordance with Section 7.3.7.

i.         Markings

Each off-street loading space shall be permanently marked and identified as a loading area in which no parking is allowed.

7.1.16.   Bicycle Parking Facilities

In order to enhance the multi-modal transportation opportunities in Sarasota County, the following standards for bicycle parking shall be met.

a.        New nonresidential development shall provide a minimum of four bicycle parking spaces (two high-quality inverted “U” racks). Nonresidential development providing more than 20 vehicle parking spaces, but less than 100 vehicle parking spaces, shall be required to provide six bicycle parking spaces. An additional two bicycle parking spaces shall be provided for each additional 33 vehicle parking spaces, or fraction thereof. A maximum of 24 bicycle parking spaces shall be required under this paragraph.

b.       Bicycle parking facilities shall be located with easy access, near main building entrances, in areas with natural surveillance.

c.        Bicycle parking facilities shall be high-quality, inverted “U”- type construction. Alternative high-quality bicycle parking facilities may be approved by the Zoning Administrator if they can be shown to:

1.          Provide adequate theft protection and security; and

2.          Support the bicycle at two points of contact to prevent damage to the bicycle wheels and frame.

7.2     Access and Circulation

7.2.1.        Buildings to Have Access

a.        Every building hereafter erected or moved shall be on a lot adjacent to a public or approved private street. In addition, a building may be erected or moved on a lot that has a minimum 20-foot access easement to a public or approved private street; however, said 20-foot easement shall only cross one parcel of land to access said building site.

b.       Where a parcel requires access by way of an access easement as described in Section a. above, and the access easement was recorded prior to August 2, 1999, the parcel shall be considered conforming with regard to access provided the parcel was created in conformance with zoning regulations at the time of subdivision. However, any further subdivision of any parcel crossed by such access easement after August 2, 1999 shall meet the requirements of Section a. above

7.2.2.        Use of Residentially Zoned Property for Access

No land which is residentially zoned shall be used for driveway or vehicular access purposes to any land which is nonresidentially zoned, or used for any purpose not permitted in a residential district except for ingress and egress to an existing use which does not abut on a street.

7.2.3.        Emergency Vehicle Lanes/Open Access Areas

a.        All commercial and industrial developments shall meet the minimum requirements of the Florida Fire Prevention Code 4A-60 and the National Fire Protection Association.

b.       All commercial and industrial developments, except warehouses, on five acre tracts or larger existing as of July 1, 1987, shall provide a minimum twelve foot wide emergency vehicle lane adjacent to the curb along the longest wall containing a major public entrance or any wall containing a major public entrance to a building or unit of a building. The edge of the curb or sidewalk shall be painted white or yellow for the entire length adjacent to such walls. In the absence of a curb or sidewalk, such emergency vehicle lane shall not be located further than ten feet from the longest wall or any wall containing a major public entrance. The emergency vehicle lane shall extend the entire length along any wall containing a major public entrance.

c.        All non‑residential buildings existing as of July 1, 1987, that have Fire Department Connections (FDC) shall provide a 12-foot by 30-foot open access area adjacent to each FDC. Such access area shall be accessible by emergency equipment at all times and be centered on the connection point.

d.       All commercial and industrial developments for which a building permit is issued after July 1, 1987, shall provide emergency equipment lanes as designated for existing developments. An open access area adjacent to all Fire Department Connections may be substituted for the required emergency vehicle lane and be designed to the standards for existing developments.

e.       For all existing and new developments that are required to meet requirements of these regulations, where open access areas are used in place of emergency vehicle lanes, an additional open access area shall be provided in front of any main public entrance to any building that is 10,000 square feet or larger in floor area.

f.         Emergency vehicle lanes shall meet the minimum requirements of the Florida Fire Prevention Code 4A-60 and the National Fire Protection Association.

g.        Emergency vehicle lanes shall be posted with signs adjacent to the building side of the lane spaced not more than 60 feet apart along the entire length of the lane. Signs shall be readable from both directions along the lane. The top sign shall be the standard 12-inch by 12-inch international "No Parking" sign, red and black on a white background. The bottom sign shall be a rectangular sign, twelve inches in width by six inches in height with a red upper half background and a blue lower half background. The word "FIRE" shall be centered in white letters on the red background portion and the words "EMERGENCY LANE" shall be centered in white letters on the blue background portion of the sign. The lowest portion of the sign shall be a minimum of six feet six inches above the surface at their installation point.

h.       Emergency vehicle lanes shall be bounded on the outside edge by a continuous white or yellow stripe not less than eight inches in width. If there is a driveway or access aisle that is wider than twelve feet, then the outside edge of the driveway or access aisle is bounded by the eight inch stripe. Where a two-way drive aisle is less than 24 feet in width, the outside edge of that drive aisle must be identified with a solid painted stripe and signage on both sides of such drive aisle.

i.         Open access areas adjacent to a FDC or main entrance shall be bounded by an eight inch yellow stripe with four inch diagonal stripes one foot apart. Fire Department Connections shall also be posted with a sign denoting same. Main entrances using an open access area shall be posted no parking.

j.         Signs posted to designate Emergency Vehicle Lanes or Open Access Areas shall be deemed Official Traffic Control Devices and deemed to be placed or erected by authority of a public body having jurisdiction for the purpose of regulating, warning or guiding traffic.

7.2.4.       Pedestrian Walkways

a.       Purpose and Intent

To provide safe opportunities for alternative modes of transportation by connecting with existing and future transit, pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the nonresidential building or project, and between alternative modes of transportation.

b.      Applicability

For nonresidential buildings greater than 20,000 square feet, pedestrian ways shall be provided at a minimum ratio of one for each public vehicular entrance to a project, excluding ingress and egress points intended primarily for service, delivery or employee vehicles. For buildings less than 20,000 square feet, pedestrian ways shall be provided at a minimum ratio of one for each parcel.

c.       Pedestrian Access Standards

Pedestrian ways, linkages and paths shall be provided from the building entry to surrounding streets, external sidewalks, transit stops and out-parcels. Pedestrian ways shall be designed to provide access between parking areas and the building entrance in a coordinated and safe manner. Shared pedestrian walkways are encouraged between adjacent projects. At least one accessible route in accordance with Sections 4.3 and 10, Florida Accessibility Code, shall connect buildings, facilities, elements and parking spaces that are on the same site.

d.      Minimum Dimensions

Pedestrian walkways shall be a minimum of five feet wide. Where such walkways are deemed accessible, they shall also meet the standards of Section 4.3 and Section 10, Florida Accessibility Code.

e.      Materials

Pedestrian walkways shall be consistent with Section 4.5 of the Florida Accessibility Code. Materials may include specialty pavers, concrete, colored concrete or stamped pattern concrete.

f.        Pedestrian Crosswalks

Crosswalks shall be designed and coordinated to move people safely to and from buildings and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings.

7.3          Landscaping and Buffering

7.3.1.        Purpose

The use of properly landscaped and maintained areas can reduce the potential incompatibility of adjacent land uses, conserve natural resources and maintain open space, protect established residential neighborhoods, and promote and enhance community image and roadway beautification. In order to minimize negative effects between adjacent uses and zoning districts, this Section requires that a landscaped buffer area be provided. The separation of land uses and the provision of landscaping along public and private rights-of-way through a required buffer is designed to eliminate or minimize potential nuisances, and to enhance community image and roadway beautification. Such nuisances may include dirt, litter, noise, lights, signs, unsightly buildings and structures, off-street loading and refuse areas, or parking areas. In addition, buffers provide spacing and landscaping to reduce potentially adverse impacts of noise, odor or lighting. Landscaping shall be coordinated with all site design elements including building layout, parking, access and signs.

7.3.2.        Applicability

a.        Landscaping and buffers shall be provided as set out in these zoning regulations. Buildings and structures lawfully existing as of October 27, 2003, may be modernized, altered, or repaired without providing or modifying landscaping and buffers in conformance with this Section,  provided there is no increase in floor area in such building or structure or impervious area on the site. This shall not be construed as prohibiting the provision of landscaping or buffers in full conformance with these zoning regulations.

b.       Where a building or structure existed as of October 27, 2003, and such building is enlarged in floor area or impervious area on the site by ten percent or 2,000 square feet, whichever is less, landscaping and buffers as specified in this Section shall be provided.

c.        The regulations herein set out for landscaping and buffers do not apply to one- or two-family dwellings on a single lot or parcel.

d.       The provision of required buffers, as specified in these regulations, are minimum standards. The amount of land and type and amount of planting or other screening specified for each buffer requirement are designed to mitigate nuisances or incompatibility between adjacent land uses or between a land use and a public road, and have been calculated to ensure that they do, in fact, function as "buffers." In those instances where these regulations specify different buffering requirements (e.g., a different type of buffer), then the more restrictive specific provisions shall govern.

e.       None of the provisions of these regulations shall be construed as prohibiting additional plant material, screening and/or buffer area above that required by these regulations; or prohibiting the modification of existing landscaped buffers to perform to an equivalent degree as the buffer required by these regulations.

7.3.3.        Design of Landscaping and Buffers

a.        Existing Vegetation

The retention of “existing vegetation” shall be maximized within the proposed landscaping, parking and buffer areas. When retaining existing vegetation within the buffer area, only clearing methods that do not disturb the root structure shall be allowed within the dripline of tree canopies. Existing native habitat or plant material located within the proposed landscaping or buffer area that meets the requirements of these regulations may be counted toward the total buffer required between adjacent land uses, or toward total landscaping requirements. If the existing vegetation has been counted toward the total required buffer or landscaping and is subsequently removed or dies, it shall be replaced with the appropriate buffer or landscaping material.

b.         Design, installation and Establishment Standards

Location of plants and design of landscaping, including maintenance, shall be according to sound landscape and horticultural principles. The use of native vegetation and other lower maintenance landscape materials is required to promote environmental protection, energy efficiency, and water conservation in a manner consistent with the Comprehensive Plan.

1.        Landscape plans submitted for preliminary plan or site and development plan approval for the purposes of satisfying the requirements of this Section, shall be signed and sealed by a Florida Registered Landscape Architect.

2.        Plant material shall be chosen from the lists of recommended plant species contained within this Section, and shall adhere to the minimum specifications therein. Plant materials shall be reviewed for suitability with regard to the eventual size and spread, susceptibility to diseases and pests, and appropriateness to existing soil, climate and site conditions. Plant materials that vary from this list may be used with the approval of the County Forester or County Landscape Architect.

c.       Tree Protection Credit

Credit shall be given for tree preservation within the proposed buffer or landscaping areas. Trees planted in compliance with this Section may satisfy the planting requirements of Sarasota County Code Chapter 54, Tree Protection Ordinance, if they meet the more stringent specifications of the two Sections. Species acceptable for both Sections are indicated on the species lists.

d.       Plant Material and Minimum Plant Size

The following lists of plant materials shall be used as a guideline to define the required plant unit. Although the lists may be expanded, they are intended to provide guidance in selecting predominately hardy Florida natural species. All materials shall be Florida #1 or better quality as per "Grades and Standards for Nursery Plants," Florida Department of Agriculture and Consumer Services.

e.       Cold Hardy and Drought Tolerant Plants

Required trees and shrubs shall be cold hardy for the specific location where they are to be planted. Trees and shrubs shall be drought tolerant and able to survive on natural rainfall once established with no loss of health.

f.         Soils

All landscape buffer areas shall have uncompacted coarse loam that is a minimum of 12 inches deep. Soils shall be appreciably free of gravel, stones, rubble or trash, except where structural soils have been approved by the County Landscape Architect. All compacted soil, contaminated soil or roadbase fill shall be removed. Under no circumstances shall soils with greater than five percent or less than 0.5 percent organic matter be accepted. Structural soil used in planters shall be approved by the Sarasota County Landscape Architect.

g.        Nuisance Trees and Shrubs Excluded

Harmful nuisance trees and shrubs shall be excluded from any landscaping plan and shall be removed from the property. Such species include those listed in the table below, plus any additional species referenced in Chapter 5B-57, Rules of the Department of Agriculture and Consumer Services, Division of Plant Industry.

h.      Required Plant Species

The following list shall be used as a guide in identifying and categorizing the different acceptable types and minimum sizes for any required plant.

1.       Canopy Trees

The following will count as one canopy tree toward the total number specified. Canopy trees shall be a minimum of ten feet in height with a four- to five-foot spread and a 2-inch caliper trunk at time of planting.

2.        Accent Trees

The following will count as one Accent Tree toward the total number specified. Accent trees shall be a minimum of eight feet in height with a three- to four-foot spread and a 1½ -inch caliper trunk at time of planting. To qualify for credit toward the County’s tree protection requirements, a two-inch caliper tree is required.

3.        Mixing of Trees

When more than 20 canopy or accent trees are required to be planted on a site to meet these regulations, a mix of genera shall be provided. The following table indicates the maximum percentage of trees of the same genus that may be planted.

4.        Shrubs

i.          All required shrubs shall be a minimum of 20-inches in height in a minimum 3-gallon container.

ii.        Shrubs shall be of a species that under average conditions will reach a minimum height of 24 inches within 12 months.

iii.      When planted as a hedge, the maximum spacing for 20-inch high shrubs shall be 36 inches on center. Spacing for other size shrubs shall be determined by the County Landscape Architect based on the proposed species.

iv.      Alternative shrub species that are significantly larger than the required minimum in paragraph i. above may be counted by the County Landscape Architect as two or more shrubs on the basis of their anticipated volume five years after planting. For the purposes of this calculation, a standard shrub shall be considered to be three feet in height, covering an area of 14 square feet.

5.       Alternative Plant Materials

i.          In General – A maximum of 20 percent alternative plant material may be substituted on any site.

ii.        Palm Tree Substitution for Required Trees – A grouping of three or more palm trees shall be considered equivalent to one canopy tree. A grouping of two or more palm trees shall be considered equivalent to one accent tree. Exceptions shall be made for Roystonea spp. and Phoenix canariensis, which shall count one palm as one canopy tree. Palms shall have a minimum of ten feet of clear trunk at time of planting. This substitution ratio may apply to all areas of a site, except in a street buffer, where only 20 percent of the trees are eligible for such substitution.

iii.      Substitution for Canopy or Accent Trees – The following trees may be substituted for either canopy trees or accent trees, subject to the maximum substitution rate in section i. above. Such trees shall be a minimum of eight feet in height with a two to three-foot spread and a two-inch caliper trunk at time of planting.

i.         Minimum Planting Areas

Canopy trees shall have a planting area no less than 10 feet wide in all dimensions. Accent and substitution trees shall have a planting area no less than eight feet wide in all dimensions. Trees used in constrained buffers shall be exempt from this minimum planting area requirement.

j.         Mulch

1.       Plants shall be mulched a minimum of three inches deep. Where selected plant material is not tolerant of deep mulch, a specific note regarding shallower mulch shall be set forth on the final landscape plan and approved by the County as part of the landscape plan. Mulch shall be kept away from tree trunks.

2.        The use of recycled mulch, such as Australian pine, Melaleuca and Eucalyptus is recommended, provided the mulch has been treated to ensure that the seeds of the invasive species will not germinate.

3.        If cypress mulch is used it shall be Grade A cypress mulch made from the bark only.

k.       Guidelines

The guidelines provided in, “Tree & Shrub Planting and Establishment,” available from the Sarasota County Cooperative Extension Service shall be met.

7.3.4.                  Required Buffers

a.       Buffer Defined

A buffer is a specified land area, located parallel to and within the outer perimeter of a lot or parcel and extending to the lot or parcel boundary line, together with the planting and landscaping required on the land. A buffer may also contain, or be required to contain, a barrier such as a berm, fence or wall, or combination thereof, where such additional screening is necessary to achieve the desired level of buffering between various land use activities. A buffer is not intended to be commensurate with the term "yard" or the term "stormwater management area."

b.      Types of Required Buffers

There are three types of required buffers that may occur on any given development site, as follows.

1.          Street buffers;

2.          Parking lot buffers; and

3.          Project boundary buffers.

c.       Location

Buffers shall be located within the outer perimeter of a lot or parcel, parallel to and extending to the lot or parcel boundary line. Buffers shall not be located on any portion of an existing, dedicated or reserved public or private street or right-of-way.

d.       Planting in Easements

1.        No trees shall be planted in wet retention ponds or drainage maintenance easements.

2.        Trees and shrubs shall be installed at least five feet away from the flow line of a swale.

3.        Existing trees may remain in dry retention ponds provided that the natural grade is undisturbed to the tree line, they are a species adapted to seasonal flooding and the pond is adequately maintained.

4.        Trees listed in the Sarasota County Master Street Tree List shall be allowed in access easements, provided a minimum 20-foot wide travelway is maintained clear of vegetation, and all clear sight triangles are met.

5.        Trees may be planted in underground utility easements with Sarasota County approval, provided the root structure of the proposed tree is not anticipated to extend more than three feet below the ground. Shrubs may be planted, provided they are only within the outer three feet of the easement. Where such trees and shrubs are planted, the property owner shall be responsible for replacement of such required vegetation if maintenance or other utility requirements require their temporary removal.

6.        A minimum buffer width of five feet, or at least half the minimum required buffer width, shall be provided outside of any required easements. The majority of buffer plantings and all structures shall be located outside the easements.

7.3.5.       Determination of Buffer Requirements

To determine the type of buffer required between two adjacent lots or parcels, or between a lot or parcel and a street, the following procedure shall be followed:

a.        Street Buffers

Classify any street adjacent to the subject parcel. Refer to the Comprehensive Thoroughfare Map. Determine the appropriate street buffer based on Section 7.3.6.

b.       Parking Buffers

A parking buffer may be required within a required street buffer (see Section 7.3.7).

c.        Project Boundary Buffers

Identify the zoning districts of the subject parcel and all adjacent properties Determine the buffer opacity class required on each boundary (or segment thereof) of the subject parcel. Refer to the minimum project boundary buffer table in Section 7.3.8.

d.       Land Use Designated in Critical Area Plan, Corridor Plan or DRI

Where adjacent vacant properties have been designated for a different land use classification or zoning district by an adopted Critical Area Plan, Commercial Corridor Plan, or Development of Regional Impact, the affected buffer may be based on a zoning district consistent with the approved land use designation.

e.      Design Variations

While the buffer depth is normally calculated as parallel to the property line, design variations are allowed and are calculated on the average depth of the buffer per 100 feet or portion thereof. Minimum depth of buffer in any case shall not be less than one-half the required depth of the buffer chosen, or less than five feet, whickever is greater. Maximum depth for the purposes of installing required landscaping, or receiving credit for existing vegetation, shall not be more than one and one-half times the required depth of the buffer chosen.

f.         Multi-Tenant Expansion and Redevelopment

Any expansion or redevelopment of a multi-tenant development shall be required to provide a percentage of the required project boundary buffer, and a percentage of the required street buffer, including any required parking buffer, when improvements are made that trigger the provisions of this Section. Said percentage shall equal the total gross leasable area of the proposed expansion or redevelopment, divided by the total gross leasable area of the entire existing multi-tenant development (including the proposed expansion or redevelopment).

7.3.6.       Street Buffers

The following types of street buffers shall be required (see Comprehensive Plan Future Thoroughfare Map to determine your street designation). No vegetation shall interfere with a required clear sight triangle at a driveway or intersection. Any shrubs located within a required clear sight triangle at a driveway or intersection shall be maintained at under 24 inches in height. Berms constructed in accordance with Section 7.3.11.b are encouraged as a component of any street buffer.

a.        Interstate I-75 Buffers

All development located along Interstate I-75 shall be required to provide one of the following buffers along the entire frontage abutting the right-of-way of I-75.

1.       A four-foot continuous evergreen hedge and three canopy trees per 100 linear feet of property frontage, located within a 20-foot landscape buffer; OR

2.       A four-foot continuous evergreen hedge and two canopy trees and three accent trees per 100 linear feet of property frontage, located within a 20-foot landscape buffer.

3.       An equivalent buffer approved as part of a Planned Unit Development (PUD) or Development of Regional Impact (DRI).

b.       Arterial or Collector Street Buffers

All development located along either an arterial or a collector street shall be required to provide one of the following buffers along the entire street frontage.

1.        Three canopy trees per 100 linear feet of property frontage, located within a ten-foot landscape buffer; OR

2.        Two canopy trees and two accent trees per 100 linear feet of property frontage, located within a ten-foot landscape buffer; OR

3.        Under utility lines only, four accent trees per 100 linear feet of property frontage, located within a ten-foot landscape buffer. No trees under utility lines shall have a natural height over 25 feet.

4.       Arterial or collector street buffers may average ten feet in width provided that no portion of the street buffer shall be less than five feet in width.

c.        Local Street Buffers

All development within a non-residential district across a local street from a residential district shall require a buffer with a minimum opacity of .1 and a minimum width of six feet.

d.       Measurements

1.        Driveway widths (measured at the inside edge of the buffer) shall not be counted in the calculation of the plant material required.

2.        All buffers shall be measured from the future right-of-way line determined during site and development plan review.

3.        If an unbuilt street is platted, it shall be buffered and treated as a street, even where no pavement currently exists.

4.        Vehicular access easements shall not be treated as a street, but shall be buffered as a project boundary buffer outside the easement area. The buffer may be provided on either side of the easement.

5.        Additional measurement methodologies related to buffer depth and height are found in Section 7.3.5.d above.

7.3.7.        Parking Buffers

Whenever a parking area, drive aisle, paved display area or paved storage area lies within 50 feet of and is visible from any street right-of-way, the street buffer shall include a three-foot continuous evergreen hedge for the entire linear extent of the parking area.

7.3.8.       Project Boundary Buffers

a.          Plant Units

1.        In General

This Section establishes a standard buffer landscaping element called a "plant unit." The plant unit serves as a basic measure of plant material required for all buffer landscaping except native habitat. The plant unit provides a balance of vegetation. The developer is free to use alternative plant units 1, 2 or 3 shown below interchangeably. Alternative 3 includes a wall as part of the buffer. Alternative 4 is permitted only for use under utility lines.

2.       Plant Unit Calculations

When figuring the quantity of plant units and plant material required, the quantity shall always be rounded up. For example, 3.12 canopy trees is rounded up to 4 canopy trees.

3.       Alternative Plant Material Substitution

Alternative plant materials, including palms and substitute trees, may be substituted in accordance with  Section 7.3.3.h.5 above.

b.         Required Project Boundary Buffer Table

1.        The buffer standards in the table below address the opacity of the buffer that is required on the property boundary between zoning districts, and in some instances within a zoning district.

2.        An opacity of 0.1 screens ten percent of an object, and an opacity of 1.0 would fully screen the adjacent development during summer months after five years of growth.

3.       How to Read the Buffer Table

i.          The required opacity of project boundary buffers is represented in the Table below by two numbers (for example, .3/.5).

ii.        The second number represents the total required buffer opacity between any two properties.

iii.      Where the proposed project is located adjacent to vacant property, the first number represents the project’s required buffer opacity.

iv.      Where the adjacent property is already developed with no buffer, the proposed project is responsible for providing the total required opacity (the second number).

v.        Where the adjacent property is already developed with a partial buffer, the proposed project is responsible for providing the remaining opacity required.

vi.      A zero means no project boundary buffer is required.

c.       Minimum Project Boundary Buffers

The table below shows the minimum width and plant units required for a standard project boundary buffer meeting the required opacity. The developer may use this table or calculate an equivalent opacity buffer by using the interactive bufferyard model.