Ordinance #2003-052 Sarasota County, Florida

HOME

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 9.
Enforcement

9.1     Violations

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.

9.1.1.     Development Without Permit

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.

9.1.2.     Development Inconsistent with Permit

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.

9.1.3.     Violation by Act or Omission

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.

9.1.4.     Use in Violation

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..

9.2     Complaints Regarding Violations

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     Penalties for Violation, Resort to Other Remedies

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.

9.4     Cumulative Violations

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     Repeat Violations

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.

9.6     Prosecution Subject to Previous Zoning Regulations

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.