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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
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Any of the following shall be a violation of these
regulations and shall be subject to the enforcement remedies and penalties
provided by this Article and by State law.
To engage in any development, use, construction,
remodeling, or other activity of any nature upon land or improvements thereon
subject to the jurisdiction of these regulations without all required permits,
certificates, or other forms of authorization as set forth in these
regulations.
To engage in any development, use, construction,
remodeling, or other activity of any nature in any way inconsistent with any
approved plan, permit, certificate, or other form of authorization granted for
such activity.
To violate, by act or omission, any term, variance,
modification, condition, stipulation or qualification placed by the Board of
County Commissioners or its agent boards upon any required permit,
certificate, or other form of authorization for the use, development, or other
activity upon land or improvements thereon.
To erect, construct, reconstruct, alter, repair,
convert, maintain, or use any building or structure or to use any land or
waters in violation or contravention of these regulations or any other
regulation made under the authority conferred thereby.
9.1.5.
Disclosure of Violations
No building, structure, or land
shall be offered or advertised for sale or lease for any use, activity, or
occupancy in violation of these zoning regulations unless such advertisement
or offer expressly discloses the violation..
Whenever a violation of these zoning regulations
occurs, or is alleged to have occurred, any person may file a complaint. A
complaint may be filed in writing or orally, and may be submitted anonymously.
Such complaint, stating fully the causes and basis thereof, shall be filed
with the Development Service Business Center. The Zoning Administrator or Code
Enforcement Officer shall record properly such complaint, investigate within a
reasonable time, and take action thereon as provided by these regulations. The
Zoning Administrator or Code Enforcement Officer may also act upon violations
he or she otherwise becomes aware of during the normal performance of his/her
duties. The Zoning Administrator shall maintain as a public record the
disposition made of the complaint.
9.3.1.
Any person who knowingly violates the provisions of these zoning
regulations, or any requirement incorporated herein, may be prosecuted
through criminal proceedings as provided in Section 125.69, Florida
Statutes, and may be punished by the maximum fine or imprisonment, or both
fine and imprisonment. Each day such violation continues shall be considered
a separate offense for purposes of this paragraph.
9.3.2. The
owner or tenant of any building, structure, premises, or part thereof, and
any architect, building contractor, surveyor, agent, or other person who
commits, participates in, assists in, or maintains such violation may each
be found guilty of a separate offense and suffer the penalties herein
provided. All fines collected under this Section shall be deposited into a
code enforcement account to augment code enforcement services.
9.3.3.
Any person who opposes, obstructs, or resists any Code Enforcement Officer
or any person authorized by the Code Enforcement Officer in the discharge of
his/her duties as provided by these zoning regulations shall be in violation
of these regulations and prosecuted in the same manner as misdemeanors are
prosecuted, punishable by a fine, or by imprisonment not to exceed 60 days,
or by both a fine and imprisonment.
9.3.4. The
County is expressly authorized to take such other lawful action, or
combination of actions, against any owner or other person as is necessary to
prevent or remedy any violation of these zoning regulations, including, but
not limited to, resort to equitable action for injunctive relief, and
enforcement pursuant to Chapter 162, Florida Statutes, and Article VIII,
Chapter 2 of the Sarasota County Code, as amended. Fines for offenses
prosecuted as citations under Article VIII, Chapter 2 of the Sarasota County
Code shall be established by resolution of the Board of County
Commissioners.
9.3.5. The
County shall have full discretion to select among appropriate remedies based
on which of the remedies would be the most effective in a particular
situation.
All such remedies provided herein shall be cumulative.
To the extent that Florida law may limit the availability of a particular
remedy set forth herein for a certain violation or a part thereof, such remedy
shall remain available for other violations or other parts of the same
violation.
9.5.1. If
an owner or occupant or other person repeats the same violation, whether or
not such violation is at the same location, within a five-year period from the
date of the initial violation, it shall be considered to be a repeat of the
initial violation and shall be subject to additional penalties and remedies.
9.5.2.
Any action considered a violation of any previous version of these zoning
regulations, may be considered a repeat violation of these zoning regulations
where the prior provisions have been replaced with provisions in these zoning
regulations, even where the location of the applicable provisions within this
document has changed, provided such action continues to be considered
unlawful.
9.5.3.
Payment of a fine shall be considered admission of a violation for the
purposes of a repeat violation.
Any prosecution arising from a violation of any prior
zoning code, ordinance, or regulation of Sarasota County superseded by these
zoning regulations, which prosecution was pending at the effective date of
these zoning regulations, or any prosecution which may be begun within one
year after the effective date of these zoning regulations in consequence of
any violation of any prior zoning code, ordinance, or regulation superseded
hereby, which violation was committed prior to the effective date of these
zoning regulations, shall be tried and determined exactly as if such prior
zoning code, ordinance or regulation had not been superseded. |