§ 10.2. Defined Terms.
ABUTTING. Sharing a common property line. For the purposes of this definition, properties across an intervening right-of-way shall not be considered abutting.
ACCESSORY DWELLING UNIT. See Section 5.4.4.b.
ACCESSORY USE OR STRUCTURE. A use or structure of a nature customarily incidental and subordinate to the principal use or structure and unless otherwise provided, on the same premises. "On the same premises" with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Examples include, but are not limited to, swimming pools, spas, sheds, gazebos, etc. Where a building is structurally attached to the principal building, it shall be considered a part thereof, and not an accessory building.
ADULT ARCADES (GAMING). Any establishment where the public is permitted or invited, which excludes minors by virtue of age, wherein any electrical; mechanical or electromechanical device which is adapted for use such that by the insertion of coin(s), token(s), or other method of payment, the device will allow an operator to play or operate the machine such that the device displays pictures, icons or other images which may, depending upon the displayed combination of pictures, icons or other images, allow the operator to obtain an item or items of value, including but not limited to money, objects coupons, certificates or the like. "New Cherry", "Fruit Bonus", "Triple Jack", "Magical Odds", "Klondike", and "Reel of Fortune". Games such as pinball, mechanical grab machines and other similar games are not included. This shall not be construed to authorize video poker games, or any other game or machine that may be construed as a gambling device under Florida Law.
ADULT DAY CARE. A facility, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services (see F.S. ch. 400).
ADULT ENTERTAINMENT ESTABLISHMENT. An adult entertainment establishment is any business or commercial activity which, for any reason, excludes juveniles (persons under the age of 17) or, excludes juveniles except when accompanied by a parent or legal guardian (see Sarasota County Code, Chapter 26, Article II).
AGRICULTURE. See Section 5.2.2.a.
ALLEY. An alley is a public or approved private way that affords a primary or secondary means of access to property abutting thereon, normally located behind the building.
ALTER or ALTERATION. Alter or alteration shall mean any change in size, shape, occupancy, character, or use of a building or structure.
AMUSEMENT GAMES (ARCADES). Any establishment where the public is permitted or invited wherein any electrical; mechanical or electromechanical device which operates by means of the insertion of a coin and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, provided the cost value of the merchandise or prize awarded in the exchange for such points or coupons does not exceed 75 cents on any game played. This shall not be construed to authorize video poker games, or any other game of machine that may be construed as a gambling device under Florida Law.
ANIMAL BOARDING. The use of land for the purpose of boarding, selling, training or breeding cats or dogs for compensation, or the keeping of more than 12 dogs or cats in combination for any purpose. This term shall not include a licensed animal hospital. This term shall, however, include a Pet Resort which, is a facility offering specialized services such as day care for pets, in addition to grooming, lodging and training, including daily or overnight stays.
ANIMAL SHELTER. A structure that is owned, operated or maintained by a public body, established humane society or other private or nonprofit organization used for the care of lost, abandoned or neglected pets.
ANIMALS, DOMESTIC. Animals that are normally considered household pets, including but not limited to dogs, cats, birds, fish and rabbits.
ANIMALS, EXOTIC. Animals other than domestic animals that normally live in a state of nature (the wild), are not ordinarily tame or domesticated, and are maintained and housed in accordance with all local, state and federal laws and regulations. Exotic animals are permitted in districts as specifically set out in these zoning regulations. Birds kept as household pets are considered domestic animals.
ANIMALS, FARM or LIVESTOCK or POULTRY. The keeping and raising of farm animals, livestock and poultry is permitted only as specifically set out in these zoning regulations. These include any animals raised for food or product. In addition, they include the following, regardless of purpose:
a.
All animals with hooves, either single or split;
b.
All members of the ovine (sheep), bovine (cows and cattle), caprine (goats), equine (horses and ponies), and swine (pigs and hogs) families;
c.
Emus, rheas, and ostriches; and
d.
All poultry (chickens, roosters, turkeys, ducks, geese and the like).
The following animals are specifically excluded when they are not kept or raised for food or product:
a.
Purebred miniature potbellied pigs.
APOXSEE. The Sarasota County Comprehensive Plan.
ARCADE. A series of piers topped by arches that support a permanent roof over a sidewalk.
ARTERIAL STREET. A street designated as an arterial in the Sarasota County Comprehensive Plan (see Figure 6-9, Year 2020 Future Thoroughfare Plan by Functional Classification).
APARTMENT. See Section 6.7, Housing Types.
ARTICULATION. A projection or recess of a building or structure.
ASSISTED LIVING FACILITY. Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator (see F.S. ch. 400). This includes nursing homes and convalescent homes.
ATRIUM HOUSE. See Section 6.7, Housing Types.
AVIARY. A structure, enclosure, large cage or other place for keeping birds confined.
BALCONY. An open portion of an upper floor extending beyond a building's exterior wall that is not supported from below by vertical columns or piers.
BAR or TAVERN. A bar or tavern is any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, or any place where any sign visible from public ways exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.
BED AND BREAKFAST. A transient accommodation that is a house, or portion thereof, where lodging rooms and meals are provided.
BOARDING HOUSE. A boarding house is an establishment with lodging for one or more persons in a group that does not constitute a single housekeeping unit, where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu. A boarding house is intended to provide lodging accommodations for monthly periods or longer. Such accommodations are not considered transient.
BOAT LIVERY. See Marina.
BORROW PIT. An excavation area where material removed is dug and used at a location other than the site where the excavation has occurred. For the purposes of this definition, the excavation of materials associated with agricultural uses or for agricultural purposes, or the excavation of fill in conjunction with the development of land, including the platting of a subdivision, where construction plans have been approved, shall not be deemed to be a borrow pit.
BUFFER. Open spaces, landscaped areas, walls, berms, or any combination thereof used to physically separate or screen, one use or property from another so as to visually shield or block noise, lights, or other nuisances. See Section 7.3., Landscaping and Buffering.
BUILDING. Any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, chattels, animals, or property of any kind.
BUILDABLE AREA. Buildable area shall mean the portion of a lot remaining after required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on percent of the lot which may be covered by buildings may require open area within the buildable area.
BUILDING FRONTAGE. For purposes of computation of number and area of signs permitted on buildings, in cases where lineal feet of building frontage is a determinant, the frontage of a building shall be computed as nearly at ground level as computation of horizontal distance permits. In cases where this test is indeterminate or cannot be applied, as for instance where there is a diagonal corner entrance or where two sides of a building have entrances of equal importance and carry approximately equal volumes of pedestrian traffic, the Zoning Administrator shall select building frontage on the basis of interior layout of the building, traffic on adjacent streets, or other indicators available. Building frontage shall not include those portions of a structure not having a roof impervious to weather.
BUILDING, HEIGHT OF. See Section 6.2, Measurement of Standards.
BUILDING LINE. Building line is the inside edge of any required yard.
BUILDING SITE. Building site shall mean the lot or lots or portion of a lot or lots used for a structure, the total area of which lots is ascribed to the building or structure for compliances with zoning regulations.
BUSINESS USE PERMIT. The Business Use Permit is the last step for new commercial construction and allows for the business occupying the building or tenant space to open and conduct business. It is also required for any business moving into an existing commercial space or when there is a change of use to an existing business.
CANNABIS. Any plant or part of a plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin or oil extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, resin, or oil.
CANNABIS FARM. Any property used in whole or in part for the growing or cultivation of Cannabis plants.
CARPORT. An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor driven vehicles owned and used by the occupants of a building to which it is accessory.
CAR WASH. Any building or premises or portions thereof used for washing cars, trucks or other similar vehicles.
CHANGE OF OCCUPANCY. A discontinuance of an existing use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
CHARRETTE. A multiday collaborative workshop that involves the public and multiple professional disciplines to create solutions to complex development problems.
CISTERN. A low impact development technique that utilizes a closed reservoir or tank used for storing rainwater for rainwater harvesting.
CIVIC BUILDING. Civic buildings contain public or civic uses of special significance to residents, employees, or visitors. Civic buildings are used for the following purposes: community services, day care, education, government, places of worship, or social services. Civic buildings do not include retail buildings, residential buildings, or buildings with private offices.
CIVIC SPACE. Civic spaces are commonly owned open spaces that are strategically placed to serve a specialized community function. An urban civic space is for active use and may be configured as a formal green, square, plaza, park, playground, or community garden. A preserve civic space allows only passive recreational uses and may be a project boundary buffer or aboveground stormwater management area or a natural area worthy of preservation. (See Section 6.11.5.l.)
CLINIC, OUT-PATIENT MEDICAL OR DENTAL. A medical or dental clinic is an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida. A public clinic is one operated by any governmental organization for the benefit of the general public. All other clinics are private clinics.
CLUB, PRIVATE. For the purpose of these zoning regulations, private clubs shall pertain to and include those associations and organizations of a civic, fraternal or social character not operated or maintained for profit, and to which there is restricted public access or use. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.
CLUSTER SUBDIVISION. See Section 6.5, RSF District Development Intensity.
CLUSTER HOUSING. Cluster housing shall consist of two or more dwelling structures, each containing one or two dwelling units, on a parcel of ground in single ownership at the time of development, with frontage on a public street or approved private street.
COLLECTOR STREET. A street designated as a collector in the Sarasota County Comprehensive Plan (see Figure 6-9, Year 2020 Future Thoroughfare Plan by Functional Classification).
COLONNADE. Similar to an arcade but supported by vertical columns without arches.
COMMERCIAL HUNTING AND TRAPPING. Operating commercial game preserves, such as game retreats; and operating hunting preserves.
COMMERCIAL RADIO AND TV RECEIVING DISH. A dish antenna structure of any configuration whose purpose is to receive relay and/or transmit communication signals between another space and/or ground transmitter relay or receptor. A dish antenna structure which serves two or more dwelling units shall be deemed commercial for the purposes of these regulations. The inclusion of commercial radio and TV receiving dishes as a permitted use, with standards, in any zoning district is not intended to affect existing rights to install non commercial dishes as permitted accessory uses within any zoning district.
COMMERCIAL VEHICLE. See Section 7.1.3.
COMMUNITY CENTER, PRIVATE. A community structure, which may be a clubhouse, community building or other such shared facilities, with recreational facilities that may include a swimming pool, tennis courts and other similar recreational facilities, provided that the community center does not include golf courses, driving ranges or putting greens.
COMMUNITY RECREATIONAL FACILITY. A building or structure or group of buildings or structures owned or leased and operated by an eleemosynary and not-for-profit organization holding an exemption from Federal Income Tax under Section 501(c)(3) of the Federal Internal Revenue code, or such comparable section of Federal Internal Revenue Code, which may be in force from time to time regulating exemptions from Federal Income Tax. A Community Recreational Facility provides community services, including child care services, after school care programs, summer camp programs, indoor and outdoor recreational services, fitness facilities, live stage production, museum, private club, career and life skills counseling, administrative offices, and accessory retail sales.
COMMUNITY RESIDENTIAL HOME. A dwelling unit licensed under F.S. ch. 419 to serve clients of the Department of Elder Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Family Services, which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Resident means any of the following as defined in the Florida Statues: a frail elder as defined in F.S. § 429.65; a person who has a handicap as defined in F.S. § 760.22(7)(a); a person who has a developmental disability as defined in F.S. § 393.063; a nondangerous person who has a mental illness as defined in F.S. § 394.455; or a child who is found to be dependent as defined in F.S. §§ 39.01 or 984.03, or a child in need of services as defined in F.S. §§ 984.03 or 985.03.
COMMUNITY SERVICE. See Section 5.2.4.a.
COMPLETELY ENCLOSED BUILDING. A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
COMPOSTING FACILITY. A site or facility, excluding home composting areas and agricultural composting conducted as a farm use, which utilizes green feedstocks to produce a useful product through a managed process of controlled biological decomposition. Composting may include amendments beneficial to the composting process. Vermiculture and vermicomposting are considered composting facilities.
COMPREHENSIVE PLAN. The Comprehensive Plan of Sarasota County, including all of its associated elements and the Future Land Use Map.
CONSERVATION SUBDIVISION. A rural residential development where 50 percent or more of the land is designated as undivided, permanent Open Space. The remaining developable land is subdivided into buildable lots.
CONSTRAINED PARKING LOTS/SITES. A lot or site that is limited in size with regard to conformity to development standards beyond the property owners control, such as location of overhead power lines that would prohibit the placement of certain canopy trees within buffer areas and existing parking lots that do not meet current standards.
CONSTRUCTION, ACTUAL. The commencement and continuous uninterrupted prosecution of construction pursuant to a permit which includes the permanent placement and fastening of materials to the land or structure for which the permit has been issued. Where demolition, excavation or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Fill and the installation of the drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.
CONVALESCENT HOME. See Assisted Living Facility.
CONVENIENCE STORE. A small retail store which sells convenience items including, but not limited to food, beverages, tobacco products and similar products as its primary sales. A convenience store may include the sale of gasoline and diesel fuel but such sales shall be accessory to the primary sale of convenience goods.
CONVENTIONAL SUBDIVISION. See Section 6.5, RSF District Development Intensity.
COUNTRY CLUB. Land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, where membership is required.
COUNTY. The County of Sarasota, Florida.
COUNTY PARK. A Public Beach Park, Public Natural Area, or Public Recreation Area as defined in Article II, Chapter 90, Sarasota County Code.
COVERED PARKING. See Parking, Covered.
CUPOLA. A dome-shaped ornamental structure located on top of a larger roof or dome, often used as a lookout or to admit light or air. A cupola sits on top of and comprises a small part of the main roof, whether the main roof is a flat roof, a pitched roof, or a dome.
DAY CARE. See Section 5.2.4.b.
DAY CARE FACILITY. A facility that provides child care for more children than permitted in a Large Family Child Care and receives a payment, fee, or grant for any of the children receiving care, whenever operated, and whether or not operated for profit. The term does not include public and nonpublic schools, summer camps, bible schools, foster home, family day care homes or transient establishments which provide child care for their guests.
DAY FACILITY. Any nonresidential facility which provides day services to developmentally disabled persons, pursuant to F.S. ch. 393, as amended. Day service shall mean the care, protection, and supervision of a developmentally disabled person for a period of less than 24 hours a day on a regular basis which supplements for said person, in accordance with his or her individual needs, daily care, enrichment opportunities and health supervision.
DAYLIGHT PLANE. See Section 6.2, Measurement of Standards.
DCA HOME. See Modular Home.
DEBILITATING MEDICAL CONDITION. Cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.
DENSITY, RESIDENTIAL. The maximum number of residential dwelling units permitted per gross acre of land, except where Sections 8.4.2. and 8.4.5 allows additional dwelling units on a nonconforming lot of record.
DETENTION WITH BIOFILTRATION. A low impact development technique using a landscaped depression area to manage stormwater runoff with a separate inlet and outlet (underdrain). Depressions are often linear and may be connected in series. Storage volume recovery of the depression is through an underdrain system.
DEVELOPMENT AGREEMENT. See F.S. § 161.0531.
DEVELOPMENT REVIEW COMMITTEE. See Land Development Regulations.
DOME. A spherical or spheroidal vault, the horizontal plan of which is always a circle. It may be supported on a circular wall, or on a drum, or be carried over a square or polygonal area, in which case the base of the dome is connected to the lines of the main wall by pendentives, squinches, corbels or a series of concentric arches, or two of these combined.
DRIVE-THROUGH or DRIVE-IN. An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, or obtain goods while remaining in their motor vehicles.
DUDE RANCH. A resort offering ranch activities such as riding and camping for the entertainment of overnight or daily visitors. The facility may include equipment rental and overnight accommodations. When not entertaining overnight guests a dude ranch is considered a working ranch.
DWELLING. Any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently, with cooking and sanitary facilities.
DWELLING, MULTIFAMILY. A building that contains three or more dwelling units. This definition includes a semi-attached townhouse, townhouse, roof-deck townhouse, stacked townhouse, multiplex or multifamily as set forth in Section 6.7.
DWELLING, SINGLE-FAMILY. A building containing only one dwelling unit, to be occupied by one family. This definition includes a single-family detached house, lot line house, traditional house, patio house, villa house, or atrium house, as set forth in Section 6.7, and any manufactured home and modular home. For regulatory purposes, the term is not to be construed as including mobile homes, recreational vehicles, travel trailers, housing mounted on motor vehicles, tents, houseboats, or other forms of temporary or portable housing.
DWELLING, TWO-FAMILY. One building containing only two dwelling units. This definition includes a two-family house, as set forth in Section 6.7.
DWELLING, MULTIPLE DWELLING USE. For purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:
a.
Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, condominiums, and the like.
b.
Where an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single-family, two-family, or multiple-family dwellings in the district could be provided, the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even though the individual buildings may each contain less than three dwelling units.
c.
Guest houses and servants' quarters shall not be considered as dwelling units in the computation of b. above.
DWELLING UNIT. A room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure and containing sleeping and sanitary facilities and one kitchen.
DWELLING UNIT, ACCESSORY. See Section 5.4.4.b.
EASEMENT. See Sarasota County Land Development Regulations.
EDUCATIONAL FACILITIES. See Section 5.2.4.c.
EGRESS. A grant of property rights by the property owner to, or for use by, the public, a corporation, or another person or entity to use as an exit from a specific parcel of land.
ELECTRONIC MESSAGE CENTER - SIGN. Any variable-message sign or portion of such a sign that utilizes interactive or computer-generated messages or any other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix.
EMERGENCY SERVICES. Emergency services include police, fire, rescue, or ambulance (but not funeral home) services whether operated by a government agency or by a quasi-public agency performing a public service.
EMERGENCY MEDICAL OFFICE. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more physicians. An emergency medical clinic is not a doctor's office or a professional office.
ENTERTAINMENT. Entertainment shall include live vocalists, musicians, disc jockeys (whether speaking or not), comedians, karaoke, performers (paid or otherwise, including contestants) and the like, provided at a bar, restaurant, nightclub or other similar commercial establishment also providing food or beverages.
ENTERTAINMENT, INDOOR. Entertainment within a completely enclosed building with windows closed and doors opened only for purposes of normal ingress and egress.
ENTERTAINMENT, OUTDOOR. Entertainment not within a completely enclosed building. This definition shall include any entertainment broadcast outside a completely enclosed building, or entertainment occurring when windows are open or doors are open for purposes other than normal ingress or egress.
ERECTED. The term "erected" includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavation, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection. (See Construction, Actual.)
FACADE, PRIMARY. Any building frontage facing a public or private street.
FAMILY. One or more persons living together as a single housekeeping unit and occupying a single dwelling unit. The term "family" shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group. The term may include community residential homes where the group operates as a single housekeeping unit. There shall be a rebuttable presumption that no family exists if there are more than six persons and any are unrelated by law, blood, adoption, marriage, domestic partnership, or are under a judicial order for foster care living together in the same dwelling unit. This presumption may be rebutted by demonstrating the existence of a single housekeeping unit to the Zoning Administrator as part of an application for a Written Interpretation pursuant to Section 3.7 of this Appendix. Such demonstration may include a lease agreement, utility bills, and affidavits from the occupants. Any appeal of the Zoning Administrator's decision shall be made to the Board of Zoning Appeals in the same manner as any other Written Interpretation.
COMMENTARY: "Family" is a term used to regulate types of housing protected by the Fair Housing Act, which includes a requirement that homes providing care for the disabled and similar functions in a single housekeeping unit must be treated the same way as single-family residences. However, many other uses are regulated by this ordinance - see community residential home, group home, and social service institution, for example.
FAMILY DAY CARE HOME. An occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:
a.
A maximum of four children from birth to 12 months of age.
b.
A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.
c.
A maximum of six preschool children if all are older than 12 months of age.
d.
A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.
FARM/PRODUCE STAND. A farm/produce stand provides a market for farmers, to retail their products directly to consumers. The principal use shall consist of farm products grown or raised on site. The sale of supplemental farm products grown or raised off-site is allowed. However, in no case shall all of the farm products be brought in from off site. The property upon which the farm stand is located shall have an Agricultural (Greenbelt) Classification issued by the Sarasota County Property Appraiser. To enhance the income of farmers the sale of value added products made from farm products grown or raised on site such as jam, juice, etc., are also allowed as part of the principal use. (See Section 5.3.1. f.)
FIRING RANGE. An indoor or outdoor facility for the firing or shooting of rifles, shotguns or pistols or similar weapons.
FISHING CAMP. A resort facility for outdoor enthusiasts that serves as a base camp for fishing expeditions. The facility may include equipment rental and overnight accommodations.
FLAG. Any fabric or other flexible material containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, lodge, fraternity or sorority, political party, nonprofit organization, charity, club, association or other entity designed to be flown from a flagpole or similar device.
FLOOR AREA. Except as may be otherwise indicated in relation to particular districts and uses, floor area shall be construed as the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and including outside decks and/or patios uses for commercial purposes including waiting areas but excluding public corridors, common restrooms, attic areas with a headroom of less than seven feet, unenclosed stairways or fire escapes, enclosed stairways, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures, and basement space where the ceiling is not more than an average of 48 inches above the general finished and graded level of the adjacent portion of the lot.
FLOOR AREA, GROSS. Except as may be otherwise indicated in these regulations, gross floor area shall be construed as the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and including outside decks and/or patios uses for commercial purposes.
FRONTAGE, BUILDING. See Building Frontage.
FRONTAGE PERCENTAGE: The percentage of the width of a lot that is required to be occupied by its building's primary facade. (See Section 6.11.5.e.)
FULLY-SHIELDED LIGHT FIXTURE. A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.
FUTURE LAND USE MAP. The future land use map contained in the Comprehensive Plan.
GARAGE, PARKING. A building or portion thereof designed or used for temporary parking of motor vehicles.
GARAGE, PRIVATE. An accessory structure designed or used for inside parking of private passenger vehicles, recreational vehicles, or boats, by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. An unattached private garage is to be considered as an accessory building.
GARAGE, STORAGE. A storage garage is a building or portion thereof designed and used exclusively for the storage of motor vehicles or boats, and within which temporary parking may also be permitted.
GARDEN CENTER. A retail center for the sale of plant material, landscape supply, hoses, wheelbarrows, pots, garden tools, or other garden supplies. A Garden Center can include outdoor areas or enclosed areas. A Garden Center is not a Plant Nursery and is not a Plant Nursery with Landscape Supply (See Section 5.3.1. h and 5.3.1.j).
GOLF PUTTING COURSE. A recreational facility in which a participant uses a golf ball and putter to traverse a course devoid of vertical structures.
GOVERNMENT FACILITIES. See Section 5.2.4.d.
GREEN FEEDSTOCKS. Yard debris, nontreated wood waste, vegetative food waste, produce waste, vegetative restaurant waste, vegetative food processor by-products, crop waste and livestock manure. For the purpose of these provisions, "nontreated wood waste" excludes wood waste treated with paint, varnish or other chemicals or preservatives.
GREENROOF TREATMENT SYSTEM. A low impact development technique using a roof area that includes at a minimum vegetation, media, and a waterproof membrane. To receive water quality credit, it is specifically built with a cistern or water holding system from which irrigation is provided.
GROUP HOME. A facility licensed to serve clients of the Department of Elder Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Family Services that provides a living environment for 15 or more unrelated residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Resident means any of the following as defined in the Florida Statues: a frail elder as defined in F.S. § 429.65; a person who has a handicap as defined in F.S. § 760.22(7)(a); a person who has a developmental disability as defined in F.S. § 393.063; a nondangerous person who has a mental illness as defined in F.S. § 394.455; or a child who is found to be dependent as defined in F.S. §§ 39.01 or 984.03, or a child in need of services as defined in F.S. §§ 984.03 or 985.03. (See also Community Residential Home.)
GROUP LIVING. See Section 5.2.3.b. All living arrangements where persons live in a group that is not a single housekeeping unit, including a group home, assisted living facility, nursing home, extended care facility, convalescent home, boarding house, or rooming house.
GUEST HOUSE. A guest house is a dwelling unit in a building separate from and in addition to the principal residential building on a lot.
GUEST ROOM. A room or suite of rooms in a transient accommodation that does not include a kitchen.
HABITABLE SPACE. All space in a structure for living, sleeping, eating or cooking. Screen enclosures, storage or utility space, and similar areas are not considered habitable space.
HEAVY INDUSTRIAL. See Section 5.2.6.e.
HEIGHT OF A BUILDING. See Section 6.2, Measurement of Standards.
HISTORIC BUILDING. A Building that is a Contributing Resource to a Significant Historic Resource as defined in Articles III and IV. Chapter 66, of the Sarasota County Code. If such a building is relocated, and the relocation is approved by a Certificate of Appropriateness under Article III of Chapter 66, then the building retains its status as a Historic Building. Additions are also deemed to constitute part of a Historic Building if they are approved by a Certificate of Appropriateness.
HISTORIC PRESERVATION OFFICER. The official or office assigned by the Sarasota County Administrator to make determinations as to compliance with the provisions of the Historic Preservation Overlay District (HPIOD) and Chapter 66 of the County Code.
HISTORIC STRUCTURE. Structures listed in the Sarasota County Local Register of Historic Places in accordance with Sarasota County Code Chapter 66, Article III, as amended.
HOME OCCUPATION. A business, profession, occupation or trade conducted for gain or support within a residential dwelling (see Section 5.4.4.f).
HOME-BASED BUSINESS. A business, profession, occupation or trade conducted for gain or support within a residential dwelling or its accessory buildings that requires employees, customers, clients or patrons to visit the home (see Section 5.4.4.f).
HOUSE OF WORSHIP. See Place of Worship.
HOUSEHOLD LIVING. See Section 5.2.3.a.
HOUSING FOR FARM OR RANCH LABOR. An accessory structure or structures located on the same property as an active agricultural operation (see Section 5.2.2.a), used for the purpose of housing persons who derive all or part of their income from labor performed on the active agricultural operation.
HOUSING TYPE. See Section 6.7.
HUD-CODE HOME. See Manufactured Home.
HUNTING CAMP. A resort facility for outdoor enthusiasts that serves as a base camp for hunting or fishing expeditions. The facility may include equipment rental and overnight accommodations.
IDENTIFICATION CARD. A document issued by the Department of Health that identifies a person who has a physician certification or a personal caregiver who is at least 21 years old and has agreed to assist with a qualifying patient's medical use of marijuana.
IMPERVIOUS SURFACE. Impervious surfaces shall include all types of structures, plus swimming pools and pool decks, as well as concrete, asphalt, pavers, and other surfaces that substantially prevent water from penetrating into the ground. This does not include grass, shell or other surfaces that allow water to substantially penetrate into the ground.
INDOOR RECREATION. See Section 5.2.5.a.
INGRESS. A grant of property rights by the property owner to, or for use by, the public, a corporation, or another person or entity to use as an entrance to a specific parcel of land.
KENNEL, DOG. See Animal Boarding.
KITCHEN. An area within a structure used for preparation or cooking of food which contains a sink and a significant cooking appliance. (electric/gas range with or without oven). In all districts, significant cooking appliances also shall include, but not be limited to: stoves, microwaves or other ovens, hot plates or cook tops. Significant cooking appliances shall not include grills for exterior use or any cooking appliances in an assisted living facility. Multiple appliances within a space occupied as a single household unit by the same family and not rented separately shall constitute one kitchen.
LANDSCAPING. Landscaping shall consist of, but not be limited to, grass, ground covers, shrubs, vines, hedges, trees, berms and complementary structural landscape architectural features such as rock, fountains, sculpture, decorative walls and tree wells. Where a landscaped buffer is required by these zoning regulations, the use of only grass and/or ground covers shall not constitute a landscaped buffer (See also Section 7.3, Landscaping and Buffering).
LARGE FAMILY CHILD CARE HOME. An occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. One of the two full-time child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one year, before seeking licensure as a large family child care home. A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:
a.
A maximum of eight children from birth to 24 months of age.
b.
A maximum of 12 children, with no more than four children under 24 months of age.
LEVEL OF SERVICE. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility.
LIGHT INDUSTRIAL SERVICE. See Section 5.2.6.a.
LINER BUILDING. A building or portion of a building constructed in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a facade that has ample doors and windows opening onto the sidewalk.
LIVING AREA. The enclosed, commonly air-conditioned area of a dwelling unit.
LIVESTOCK AUCTION. A commercial establishment wherein livestock is collected for auctioning.
LIVE-WORK BUILDING. An attached or detached building that can accommodate permitted residential uses, commercial uses, or a combination of the two within individually occupied live-work units. All permitted uses may occupy any story of a live-work building.
LIVE-WORK UNIT. A space within a building used jointly for commercial and residential purposes. Such buildings are typically originally constructed for commercial or industrial uses and subsequently converted for both living and work space uses; such as lofts. Typically, there is no separation between the living and working spaces. See Section 5.3.2.e.
LOADING SPACE, OFF-STREET. Off-street loading space is space logically and conveniently located for pickups or deliveries or for loading or unloading, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. (See also Section 7.1.15, Off-Street Loading.)
LOT. For purposes of these zoning regulations, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required (provided that certain nonconforming lots of record at the effective date of these zoning regulations or their amendment are exempted from certain of its provisions under the terms of Section 8.4, Nonconforming Lots of Record). Such lot shall have frontage on a public street or on an approved private street, as set out in Section 7.2.1, and may consist of:
a.
A single lot of record;
b.
A portion of a lot of record;
c.
A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record.
d.
A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these zoning regulations.
LOT LINE HOUSE. See Section 6.7, Housing Types.
LOT MEASUREMENT, AREA. See Section 6.2, Measurement of Standards.
LOT MEASUREMENT, DEPTH. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
LOT MEASUREMENT, WIDTH. See Section 6.2, Measurement of Standards.
LOT OF RECORD. A lot of record is:
a.
A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Sarasota County; or
b.
A lot or parcel described by metes and bounds.
LOT TYPES. The diagram which follows illustrates terminology used in these zoning regulations with reference to corner lots, interior lots, reversed frontage lots and through lots.
a.
Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
b.
Interior lot, defined as a lot other than a corner lot with only one frontage on a street.
c.
Through lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
Lot Types
LOW IMPACT DEVELOPMENT (LID). A stormwater management approach that uses a suite of hydrologic controls (structural and non-structural) distributed throughout the site and integrated as a treatment train (i.e., in series) to replicate the natural hydrologic functioning of the landscape by infiltrating, filtering, storing, evaporating, and detaining stormwater runoff.
MAJOR EMPLOYMENT CENTER. Major Employment Centers are areas designated on the Comprehensive Plan's Future Land Use Map as locations for employment and economic development.
MANUFACTURED HOME. A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility after June 15, 1976, in one or more sections, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site. Also known as a "HUD-Code Home." This definition does not include recreational vehicle, mobile home or modular home.
MANUFACTURED HOME PARK. The premises where manufactured or mobile homes are installed for nontransient living or sleeping purposes and where sites or lots are set aside or offered for lease or rent for use by mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of manufactured or mobile homes on such premises. This term shall also apply to condominium sale and ownership of manufactured or mobile home units in compliance with all applicable Florida Statutes.
MANUFACTURED HOME SITE. A lot or parcel of ground within a manufactured home park, designated for the accommodation of not more than one manufactured or mobile home.
MANUFACTURED HOME SUBDIVISION. The premises where manufactured homes are installed for nontransient living or sleeping purposes and where lots are set aside or offered for sale for use by manufactured homes for living or sleeping purposes in accordance with Sarasota County Land Development Regulations, including any land, building, structure, or facility used by occupants of manufactured homes on such premises. This term shall also apply to condominium sale and ownership of manufactured home units in compliance with all applicable Florida Statutes.
MARIJUANA. Has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013).
MARINA or BOAT LIVERY. A marina or boat livery is a commercial establishment with a waterfront location for the provision of: rental of covered or uncovered boat slips or dock space or dry storage space rental and/or sale of boats and boat motors, repair and maintenance of boats and boat motors, marine fuel and lubricants, bait and fishing equipment, on-shore restaurants, and small boat hauling or launching facilities. Marinas and boat liveries shall provide sewage pump-out facilities and employ adequate spill containment equipment if petroleum or other such products are sold on the premises. Such premises or site shall not include boat and/or motor manufacturing as an incidental uses. A boat sales lot is not a marina or boat livery.
MAXIMUM EXTENT PRACTICABLE. No feasible or practical alternative exists and all possible efforts to comply with the regulation or minimize potential adverse impacts have been undertaken. Economic considerations may be taken into account but cannot be the overriding factor in determining "maximum extent practicable".
MEAN HIGH WATER LINE. Mean high water line is the intersection of the tidal plane of mean high water with the shore as established. See Chapter 177 Land Boundaries, Part II Coastal Mapping, Section 177.27 of Florida Statutes.
MEDICAL FACILITIES. See Section 5.2.4.e.
MEDICAL MARIJUANA DISPENSARY. Any property where Cannabis is sold, purchased, delivered or dispensed for Medical Use. This definition shall include any cooperative effort by Personal Caregivers.
MEDICAL MARIJUANA RESEARCH AND/OR PROCESSING. Any property from which marijuana, cannabis, cannabis-based products, or cannabis plants are researched and/or processed for conversion into a pill, oil, or other consumable product for Medical Use.
MEDICAL MARIJUANA TREATMENT CENTER. An entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department of Health.
MEDICAL USE. The prescriptive use of any form of Cannabis through a Physician Certification to treat a Debilitating Medical Condition and the symptoms associated with that condition as authorized by State law.
METES AND BOUNDS. A legal description of a parcel of land, generally expressed in terms of distance from a well-marked point and follows the boundaries, using directions and distances around the tract, back to the place of beginning.
MINING ACTIVITY. The term "mining activity" shall be defined as provided in Sarasota County Code Chapter 54, Article X.
MIXED-USE CENTER. A concentration of non-residential and higher density residential land uses, as defined in the Comprehensive Plan.
MOBILE HOME. A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility before June 15, 1976, in one or more sections, designed to be transported for installation or assembly at the building site. Sections do not carry the HUD Code Seal. This definition does not include recreational vehicle, manufactured home or modular home.
MODEL HOME. A residential structure used for demonstration and sales purposes, not occupied as a dwelling unit, and open to the public for inspection.
MODULAR HOME. A structure designed to be used as a dwelling unit when connected to the required utilities that is in whole or in part manufactured at an offsite facility, built in accordance with F.S. ch. 553, and regulated by Florida's Department of Community Affairs or its successor state agency, and assembled onsite, also known as a "DCA Home." This definition does not include recreational vehicle, manufactured home or mobile home.
MOTEL, MOTOR HOTEL OR MOTOR LODGE. See Transient Accommodation.
MULTIPLEX. See Section 6.7, Housing Types.
NEIGHBORHOOD RESOURCE CENTER. A building or structure or groups of buildings or structures owned or leased and operated by an eleemosynary and not-for-profit organization holding an exemption from Federal Income Tax under Section 501(c)(3) of the Federal Internal Revenue Code, or such comparable section of the Federal Internal Revenue Code which may be in force from time to time regulating exemptions from Federal Income Tax. A Neighborhood Resource Center provides community services including vocational assessment, referral, placement and training services, work experience training, child care services, career and life skills counseling and housing assistance. Consulting for other community services providers, use of the Neighborhood Resource Center as a neighborhood meeting facility, and the acceptance and resale of donated items is allowed. No on-premises rehabilitation or repair of donated items is allowed.
NIGHTCLUB. A nightclub shall mean a restaurant, dining room, bar, or other similar establishment providing food or beverages wherein entertainment is provided indoors for customers as a part of the commercial enterprise. This definition includes any activities approved by a special exception for a nightclub prior to October 27, 2003. See also the definition of Entertainment.
NONCONFORMING LOT or STRUCTURE, USE OF LAND, CHARACTERISTICS OF USE, ETC. See Article 8, Nonconformities.
NON-MEDICAL MARIJUANA SALES. The purchase, sale, transfer or delivery of marijuana, cannabis, cannabis-based products or cannabis plants when such sale, transfer or delivery is not associated with any medical purpose or use, whether or not such purchase, sale, transfer or delivery is lawful under federal or state law.
NURSING HOME or EXTENDED CARE FACILITY. See Assisted Living Facility.
OCCUPIED. The term "occupied" includes arranged, designed, built, altered, converted to, or intended to be used or occupied.
OFFICE. See Section 5.2.5.b.
OPEN SPACE. For the purpose of these zoning regulations, open space shall be property under public or private ownership which is unoccupied or predominately unoccupied by buildings or other impervious surfaces and which is used for parks, recreation, agriculture, conservation, preservation of native habitat and other natural resources, surface water impoundment, historic, or scenic purposes. See Section 6.2.7, Open Space.
OPEN SPACE SUBDIVISION. See Section 6.5, RSF District Development Intensity.
OUTDOOR DISPLAY. The outdoor display of products actively available for sale for less than 24 hours a day. This definition does not include products in shipping boxes, crates, on pallets, or other shipping containers, which shall be considered outdoor storage.
OUTDOOR FARMERS MARKET. An outdoor facility with or without a structure principally for the sale of produce, plants, and flowers. Value-added agricultural products such as honey or jam, along with hand-made craft items, may be sold, provided their sale is ancillary to the sale of produce, plants and flowers.
OUTDOOR RECREATION. See Section 5.2.5.c.
OUTDOOR STORAGE. The outdoor storage of products, whether for sale or as material for processes occurring on the site, generally for more than 24 hours a day. This definition expressly includes any products on pallets, in shipping containers or in crates.
OUTPARCEL. A parcel of land, generally located on the perimeter of a larger parcel of commercial or industrial land and subordinate to the larger parcel for access, parking or drainage purposes. An outparcel does not have to be in the same ownership as the main parcel.
PACKAGE OR LIQUOR STORE. A package store is a place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.
PACKING HOUSE. A packing house is a facility for packaging fruits or vegetables, but not including the packaging of citrus concentrate on the premises.
PAIN MANAGEMENT CLINIC. A privately owned clinic, facility, or office, whatever its title, including, but not limited to, a "wellness center," "urgent care facility," or "detox center," which engages in pain management. This definition includes the following:
(a)
A pain management clinic must have at least one of the following characteristics:
(1)
It employs one or more physicians licensed under F.S. ch. 458 or 459, who in a single day issue more than 20 prescriptions of a controlled substance for the treatment of pain;
(2)
It holds itself out through advertising as being in business to prescribe or dispense a controlled substance for the treatment of pain;
(3)
It holds itself out through advertising as being in business to provide services for the treatment of pain wherein the services are accompanied with prescription of or dispensing of a controlled substance for the treatment of pain; or
(4)
It meets the definition of pain management clinic in F.S. § 458.3265, as may be amended from time to time.
(b)
A pain management clinic does not include any privately owned clinic, medical facility or office which has at least one of the following characteristics:
(1)
It employs physicians, the majority of whom provide services in the clinic, facility, or office; primarily provide surgical services (excluding interventional pain management procedures that are invoiced or coded as surgical procedures) as measured over a one-month time period;
(2)
It is licensed as a facility pursuant to F.S. ch. 395 (hospitals, etc.), excluding outpatient facilities that provide pain management services as outlined in subsection (a) above; or
(3)
It does not prescribe or dispense controlled substances for the treatment of pain.
PARKS AND OPEN AREAS. See Section 5.2.4.f.
PARKING, COMMERCIAL. See Section 5.2.5.d.
PARKING SPACE, OFF-STREET. A space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
PASSENGER TERMINAL. See Section 5.2.4.g.
PATIENT FAMILY ACCOMMODATION. A dwelling unit or other accommodation used as a dwelling unit or other place of human habitation with sleeping accommodations that is rented, leased or subleased for less than monthly periods for the exclusive use of patients and their family and friends. Monthly shall mean either a calendar month or 30 days.
PATIO HOUSE. See Section 6.7, Housing Types.
PERSONAL CAREGIVER. A person who is at least 21 years old who has agreed to assist with a qualifying patient's medical use of marijuana and has a caregiver identification card issued by the Department. A personal caregiver may assist no more than five qualifying patients at one time. An employee of a hospice provider, nursing, or medical facility may serve as a personal caregiver to more than five qualifying patients as permitted by the Department. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the qualifying patient.
PERVIOUS PAVEMENT SYSTEM. A low impact development technique using numerous types of alternative pavement systems that allows stormwater to infiltrate into a subsurface drainage system then into the parent soil (e.g.. permeable pavers. pervious asphalt. and pervious concrete).
PHYSICIAN. A physician who is licensed in Florida.
PHYSICIAN CERTIFICATION. A written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination of the patient and a full assessment of the patient's medical history.
PLACE OF WORSHIP. A building or structure, or groups of buildings or structures that by design, construction or use are intended for conducting organized religious services and associated accessory uses by religious institutions. A religious institution is a church, synagogue, ecclesiastical or denominational nonprofit corporation.
PLACES OF WORSHIP. See Section 5.2.4.h.
PLANNED DEVELOPMENT. A planned development (a) is land under unified control, planned and developed as a whole in a single development operation or approved programmed series of development operations (b) includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part, (c) is developed according to comprehensive and detailed plans which include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings, and (d) includes a program for full provision maintenance, and operation of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the planned development, but will not be provided, operated, or maintained at public expense.
PLANNING DIRECTOR. The Executive Director of the Planning and Development Services Business Center or designees.
PLANTING STRIP. A grassed strip of land with a row of street trees that is located between a sidewalk and a travel or parking lane. In urban areas, planting strips are often replaced by street trees planted in tree pits, wells, or vaults that are recessed into a sidewalk that extends to the curb.
PLOT. See Lot.
PORCH. A porch is a roofed-over space, with the roof impervious to weather, attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.
PORTE COCHERE. A roofed porch or portico-like structure extending from the side entrance of a building over an adjacent driveway to shelter those getting in or out of vehicles. A porte cochere has no front or rear wall and differs from a carport in that it is not used to store parked vehicles.
POST OFFICE. A facility designated or licensed by the federal government to sell U.S. postage stamps and U.S. postal products and accept mail and packages for delivery to addresses.
PRE-ENGINEERED METAL BUILDING SYSTEM. Pre-engineered metal building system means a metal structure having an exterior finish guaranteed against rust for at least 20 years by the manufacturer, modularly designed to enable replication on a mass basis through standardized structural systems, the plans for which are signed and sealed by a Florida Registered Professional Engineer and meet the hurricane wind loading requirements and other applicable provisions of the Sarasota County Building Code for commercial buildings.
PUBLIC ENTRANCE. An exterior doorway primarily intended for public egress and ingress into a building.
PUBLIC FACILITIES. Public facilities shall mean major capital improvements, including but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
QUALIFYING PATIENT. A person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards.
QUONSET HUT. A Quonset hut is any lightweight prefabricated structure (i.e., corrugated steel, fiberglass, etc.) regardless of the design type or finish. Examples include, but are not limited to the following types:
RECREATIONAL VEHICLE. A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of the State of Florida, must comply with the length and width provisions of F.S. § 316.515, as that section may hereafter be amended. As defined below, the basic entities are:
a.
The "travel trailer," including a fifth-wheel travel trailer which is a vehicular portable unit, mounted on wheels of such a size or weight as not to require special highway movement permits, which are drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than eight and one-half feet and an overall body length of no more than 40 feet when factory-equipped for the road.
b.
The "camping trailer," which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational camping or travel use.
c.
The "truck camper," which is a truck equipped with a portable unit designed to be loaded onto or attached to the bed or chassis of the truck and constructed to provide temporary living quarters for recreational camping or travel use.
d.
The "motor home," which is a vehicular unit which does not exceed 40 feet in length and the height and the width limitations provided in F.S. § 316.515, is a self-propelled motor vehicle and is primarily designed to provide temporary living quarters for recreational, camping or travel use.
e.
The "private motor coach," which is a vehicular unit, which does not exceed the length, width and height limitations provided in F.S. § 316.515(9), is built on a self-propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.
f.
The "van conversion," which is a vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping and travel use.
g.
The "park trailer," which is a transportable unit which has a body width not exceeding 14 feet and which is built on single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet, when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body of the opposite end of the body), including any protrusions.
RECREATIONAL VEHICLE PARK/CAMPGROUND. A place with six or more sites set aside and offered by a person or public body, for lease, rent or sale in any form to be occupied by recreational vehicles or tents utilized for sleeping or eating. The term also includes accessory buildings, sites set aside for group camping, and similar recreational facilities. A recreational vehicle park is not intended to be used for permanent, year-round occupancy and no recreational vehicle in any such park shall be occupied on a permanent basis. The terms campground, camping resort, RV resort, travel resort, and travel park or any variations of these terms, shall be considered synonymous with the term recreational vehicle park.
REDEVELOPMENT. Redevelopment is the construction, installation, replacement, reconstruction, alteration or other material change of a structure, impervious surface, drainage facility or part thereof on a previously developed site requiring a development order or permit.
REDEVELOPMENT CORRIDOR. Land fronting certain roadways in the Urban Service Area, as defined in the Comprehensive Plan's Resource Management Area (RMA) definitions.
REGULATING PLAN. A particular type of development concept plan that must be submitted to Sarasota County with an application for rezoning to the PMI District. A regulating plan identifies proposed transect zones, lot types, and street types to define the character of the proposed development. If approved, a regulating plan becomes an integral part of a PMI approval. (See Section 6.11.5.n.)
REHABILITATIVE CLINIC. A rehabilitative clinic is an establishment where persons who are dependent on toxic substances, such as drugs or alcohol, are counseled in individual or group therapy sessions. Such establishments shall be licensed by the State of Florida and regulated by Florida Statute. Persons shall not be lodged overnight in rehabilitative clinics.
REPAIR AND MAINTENANCE, SIGN. Work necessary to keep the sign, including the sign structure, in a good state of repair; but shall not include replacement of materials in the sign structure or any change to the graphics or message displayed.
RESIDENTIAL CHARACTER. The combination of qualities or features of a structure or area resulting in the perception that the structure or area is primarily used for the purpose of residential dwellings.
RESIDENTIAL LEASING OFFICE. An on-site office offering exclusively the sale, leasing or rental of multifamily residential units located within that specific multifamily residential complex.
RESIDENTIAL MIGRANT HOUSING. A dwelling unit or dwelling units, which may be a single-family, multifamily, or mobile home, together with the land appertaining thereto, constructed, established, or furnished as an incident of employment on the same parcel of land as living quarters for seasonal, temporary, or migrant farmworkers whether or not rent is paid or reserved in connection with the use or occupancy of such premises. Any single-family or mobile home dwelling unit which is not adjacent to or contiguous with other residential migrant housing, and which is occupied by one migrant farmworker family, shall be excluded from this definition.
RESOURCE EXTRACTION. See Section 5.2.2.b.
RESTAURANT. An establishment where food is ordered, prepared and served for pay.
RESTAURANTS. See Section 5.2.5.e.
RETAIL SALES AND SERVICE. See Section 5.2.5.f.
RETREAT CENTER. A private establishment consisting of a detached structure or structures located in a setting in which lodging units are offered to transients for compensation as the principal use, along with conference and meeting facilities, restaurant or banquet facilities, and recreational amenities.
RESTRICTIVE COVENANT. Perpetual covenants restricting use of property for the purpose of maintaining open space. protecting native habitats, and reflecting any transfer of density, in order to assure compliance with the requirements of the Comprehensive Plan and County regulations. The Covenant shall be enforceable by Sarasota County and be in a form approved by the County Attorney.
RIDING ACADEMY. An establishment where horses are boarded, cared for, shown or sold, and where instruction in riding, jumping and showing is offered, and where horses may be hired for recreational or therapeutic riding.
RIGHT-OF-WAY. Public or private land dedicated, deeded, used, or to be used for street, alley, walkway, boulevard, drainage facility, access for ingress and egress (except for residential ingress/egress easements for a single-family lot), or other purpose by the public, certain designated individuals, or governing bodies.
ROOF-DECK TOWNHOUSE. See Section 6.7, Housing Types.
ROOMING HOUSE. A rooming house is an establishment where lodging only is provided for compensation for one of more persons in a group that does not constitute a single housekeeping unit. A rooming house is intended to provide lodging accommodations for monthly periods or longer. Such accommodations are not considered transient.
ROOMING UNIT. A room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating.
RURAL RETREAT CENTER. A building or structure, or group of buildings or structures located in areas designated as Rural on the Comprehensive Plan Future Land Use Map that are intended to be reserved in advance for conducting organized group meetings or events. Rural retreat centers may include meeting rooms, common dining facilities, overnight accommodations and an auditorium or sanctuary.
SCENIC AND SIGHTSEEING TOURS. Scenic and sightseeing transportation on land. The services provided are local and involve same-day return to place of origin.
SELF-SERVICE STORAGE. See Section 5.2.5.g.
SEMI-ATTACHED TOWNHOUSE. See Section 6.7, Housing Types.
SEXUALLY ORIENTED BUSINESS USES.
(1)
(a)
Adult Bookstores, Adult Video Stores, and Sexual Device Shops, as defined in section 26-32 of the Sarasota County Code, are permissible in only CG, CI and CSC zoned areas of unincorporated Sarasota County. No special exception is necessary.
(b)
Adult Motion Picture Theaters and Adult Motels, as defined in section 26-32 of the Sarasota County Code, are permissible by special exception in only CG, CI and CSC zoned areas of unincorporated Sarasota County.
(c)
Semi-Nude Model Studios, as defined in section 26-32 of the Sarasota County Code, are permissible in only CG and CI zoned areas of unincorporated Sarasota County. No special exception is necessary.
(d)
Adult Cabarets and Sexual Encounter Centers, as defined in section 26-32 of the Sarasota County Code, are permissible by special exception in only CG and CI zoned areas of unincorporated Sarasota County.
(e)
No Sexually Oriented Business, as defined in section 26-32 of the Sarasota County Code, may be established within 800 feet along the same right-of-way or 400 feet along intersecting rights-of-way of any incorporated area in Sarasota County zoned RE, RSF, RMF, RC, PUD, and residential portions of OUA, OUR, OUE, OPI, CG, CSC, nor within 800 feet along rights-of-way of any Church/Synagogue, School, Child Care Center, home for orphans, or Public Recreation Area.
(f)
No Sexually Oriented Business may be established within 500 feet of any other such regulated use.
(g)
Distances shall be measured by the shortest distance between property lines, without regard to the route of normal travel, along public thoroughfares from the main entrance of the Sexually Oriented Business to the nearest property corner of property zoned or used for residential purposes, or a Church/Synagogue, School, Child Care Center, home for orphans, or Public Recreation Area. Where residential property is located in the same block on the opposite side of the same right-of-way, the distance shall be measured directly across the right-of-way and then along the right-of-way to the nearest property corner of the residential property. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this article. Additionally, nothing in this article shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.
(2)
All Sexually Oriented Business uses shall comply with the licensing and other provisions of the Sexually Oriented Business Code, Ordinance No. 2007-100, as amended.
SHALLOW BIORETENTION. A low impact development technique using shallow landscaped depressions with soils, mulch, and planted vegetation intended to capture. treat, and infiltrate stormwater runoff.
SHORE LINE. See Mean High Water Line.
SHORT TERM RENTAL. Rental of a residential dwelling unit in an RMF District on the Barrier Islands for a period of less than 30 days. A short term rental is not a transient accommodation.
SIGN. Any device designed to inform or attract attention.
SIGN PERMIT. A Sign Permit is a Building Permit issued for a sign.
SIGNIFICANT HISTORIC RESOURCES. Those properties that are listed as significant historic resources in accordance with Chapter 66, Article III, Section 66-74(a), of the Sarasota County Code, and those included in the "Director's List of Significant Historic Resources in Sarasota County" in accordance with Chapter 66, Article III, Section 66-74(c).
SINGLE-FAMILY DETACHED HOUSE. See Section 6.7, Housing Types.
SINGLE HOUSEKEEPING UNIT. One person or two or more individuals living together sharing the entire dwelling unit and household responsibilities and activities which may include: (1) sharing expenses for food, rent, utilities or other household items; (2) sharing chores; (3) eating meals together; (4) participating in recreational activities together; and (5) having close social, economic, and psychological commitments to each other.
SITE REDEVELOPMENT PLAN. A redevelopment plan is a graphic and narrative identification and description of proposed site and building improvements that are required by or relied upon by the standards contained in Section 6.10.5. of the Zoning Ordinance.
SOCIAL SERVICE INSTITUTIONS. See Section 5.2.4.i.
SPECIAL EXCEPTION. A special exception is a use that would not be appropriate generally or without restriction throughout a zoning division or district but which if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or district as a special exception, if specific provision for such a special exception is made in these zoning regulations.
STABLE, PRIVATE. A stable where such horses are owned by the owners or occupants of the premises and are not kept for remuneration, hire, or sale.
STABLE, PUBLIC. A public stable is a stable other than a private stable.
STACKED TOWNHOUSE. See Section 6.7, Housing Types.
STOOP. A staircase on the facade of a building that leads either to a small unwalled entrance platform or directly to the main entry door.
STORMWATER MANAGEMENT SYSTEM. The appurtenances. facilities and designed features of the property, which collect, convey, channel. hold. treat. detain or divert stormwater runoff. These systems may include low impact development techniques.
STORY. The term "story" shall mean that part of a building contained between any floor and the floor or roof next above.
STREET. A street is a public or approved private thoroughfare which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress, regardless of the descriptive term used. (See also Land Development Regulations.)
STRUCTURE. Buildings as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.
SUBDIVISION. The division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new street and alleys, additions, and resubdivisions; and when appropriate to the context, relates to the process of subdividing or the lands or area subdivided.
SWALE. Open, shallow channels with low-lying vegetation covering the side slopes and bottom that collect and slowly convey runoff to downstream discharge points.
TOURIST ATTRACTION. A natural or man-made feature or characteristic that travelers from outside of Sarasota County visit for pleasure or educational purposes.
TOWNHOUSE. See Section 6.7, Housing Types.
TRADITIONAL HOUSE. See Section 6.7, Housing Types.
TRANSECT ZONE. A distinct category of physical form ranging from the most urban to the least urban. The PMI District requires the application of one of four transect zones: Core, General, Edge, and Preserve. (See Section 6.11.5.b. and c.)
TRANSECT ZONE, CORE. One of the four zones that may comprise a cross section or transect of a mixed-use center or corridor. The Core transect zone is the most intensely occupied zone, with mostly attached buildings that create a continuous street facade within walking distance of surrounding primarily residential areas. (See Section 6.11.5.b. and c.)
TRANSECT ZONE, EDGE. One of the four zones that may comprise a cross section or transect of a mixed-use center or corridor. The Edge transect zone has lots for homes that are similar in scale to adjoining neighborhoods with suburban character. (See Section 6.11.5.b. and c.)
TRANSECT ZONE, GENERAL. One of the four zones that may comprise a cross section or transect of a mixed-use center or corridor. The General transect zone has a mixture of uses and a wide variety of lot types. Buildings may be attached or detached and are typically separated from the street with small street yards. (See Section 6.11.5.b. and c.)
TRANSECT ZONE, PRESERVE. One of the four zones that may comprise a cross section or transect of a mixed-use center or corridor. The Preserve transect zone denotes land that will not be developed, either for environmental protection or to provide a permanent buffer area. (See Section 6.11.5.b. and c.)
TRANSFER OF DEVELOPMENT RIGHTS. A means of transferring residential density authorized pursuant to these regulations from one parcel in an RSZ (Residential Sending Zone) District to another parcel in the RRZ (Residential Receiving Zone) District or HDRRZ (High Density Residential Receiving Zone) District; or from one parcel in a CSZ (Conservation Sending Zone) District to another parcel in the FUD (Future Urban Development) Overlay District or FURRZ (Future Urban Residential Receiving Zone) District. (See also Section 3.17., Transfer of Development Rights.)
TRANSFER PERMIT. Transfer Permit means a permit issued by the Board of County Commissioners authorizing the transfer of rights to develop a specified number of units from one parcel in an RSZ (Residential Sending Zone) District to another parcel in the RRZ (Residential Receiving Zone) District or HDRRZ (High Density Residential Receiving Zone) District; or from one parcel in a CSZ (Conservation Sending Zone) District to another parcel in the FUD (Future Urban Development) Overlay District or FURRZ (Future Urban Residential Receiving Zone) District.
TRANSIENT ACCOMMODATION. A transient accommodation means a dwelling unit or other accommodation used as a dwelling unit or other place of human habitation with sleeping accommodations (hereinafter collectively referred to as "an accommodation") which is rented, leased or sub leased for less than monthly periods or which is subject to time sharing pursuant to general law for less than monthly time share periods. "Monthly" shall mean either a calendar month or 30 days. Transient accommodations shall include hotels, motels, bed and breakfasts, boatels or other similar uses. A transient accommodation shall be considered a residential use for density purposes. Each transient unit not having a kitchen shall be equal to dwelling unit. Each transient unit having a kitchen facilities shall be equal to one dwelling unit.
a.
An accommodation is not a transient accommodation if it is rented, leased, or sub leased for monthly periods or longer.
b.
An accommodation is not a transient accommodation if it is being rented or leased for less than monthly periods by the seller of the accommodation prior to his vacating the premises after sale to a purchaser.
c.
An accommodation is not considered a transient accommodation if it is a dwelling unit, zoned RMF or RMF/SKOD. located on the Barrier Islands, and rented for periods of less than 30 days or a calendar month, whichever is less.
d.
Transient Accommodations are allowed only in those zoning districts which list such uses as a permitted use or a special exception use.
e.
Transient accommodations within the BRR/PD District shall be measured and calculated pursuant to Section 6.11.6.
TRANSMISSION TOWER. See Article II, Chapter 118, of the Sarasota County Code, as may be amended.
TRUCK STOP. A truck stop is an establishment where the principal use is primarily the refueling and servicing of trucks and tractor trailer rigs. Such establishments may have restaurants or snack bars and sleeping accommodations for the drivers of such over the road equipment and may provide facilities for the repair and maintenance of such equipment.
TWO-FAMILY HOUSE. See Section 6.7, Housing Types.
UPPER-STORY/RESIDENTIAL. Residential dwelling units located above other nonresidential uses.
USE. The term "use" shall mean the purpose for which land or water or a structure thereon is designated, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by these zoning regulations.
USE CATEGORY. See Section 5.2.
USE TABLE. See Section 5.1.
USE OF LAND OR WATER. The term "use of land or water" includes use of land, water surface, and land under water to the extent covered by zoning districts, and over which the County has jurisdiction.
UTILITIES. See Section 5.2.4.j.
VARIANCE. A variance is a relaxation of the terms or development standards of these zoning regulations. (See Section 3.10.)
VEHICLE SALES AND SERVICE. See Section 5.2.5.i.
VILLA HOUSE. See Section 6.7, Housing Types.
WAREHOUSE. A storage facility in which there is no merchandise for sale on site. The term warehouse does not include accessory storage associated with civic, commercial or industrial occupancies.
WAREHOUSE AND FREIGHT MOVEMENT. See Section 5.2.6.b.
WASTE-RELATED SERVICE. See Section 5.2.6.c.
WATER-ORIENTED. See Section 5.2.5.j.
WHOLESALE TRADE. See Section 5.2.6.d.
WILD ANIMAL SANCTUARY. A parcel of land set aside for the protection, shelter and refuge of exotic animals or birds. A wild animal sanctuary shall not be used for commercial purposes.
WILDERNESS CAMPING. Camping without the provision of modern utilities such as water, septic/sewer and electricity.
YARD. A yard is a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment, and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to height limitations and requirements limiting obstructions to visibility.
YARD, STREET or SIDE or REAR. See Section 6.2, Measurement of Standards.
YARD, WATERFRONT. A waterfront yard is a yard required on waterfront property with depth measured from mean high water line. Waterfront property is hereby defined as property abutting on the Gulf of Mexico, bays, bayous, navigable streams, and on man created canals, lakes, or impounded reservoirs; provided, that such canals, lakes, or reservoirs totally within the boundaries of a parcel shall not require waterfront yards.
ZONING ADMINISTRATOR. See Section 2.4.
(Ord. No. 2004-053, § 3, 9-15-2004; Ord. No. 2004-060, § 16, 7-28-2004; Ord. No. 2004-061, § 12, 7-28-2004; Ord. No. 2004-054, § 53, 10-27-2004; Ord. No. 2007-034, § 2, 4-10-2007; Ord. No. 2007-065, § 1(Exh. A), 8-28-2007; Ord. No. 2007-100, 6-10-2007; Ord. No. 2008-005, § 28, 12-9-2008; Ord. No. 2009-043, § 8, 12-15-2009; Ord. No. 2009-053, § 3, 12-16-2009; Ord. No. 2011-022, § 2, 4-28-2011; Ord. No. 2011-015, § 5, 6-7-2011; Ord. No. 2012-051, § 2, 2-12-2013; Ord. No. 2014-066, § 9, 11-4-2014; Ord. No. 2014-074, § 3, 10-21-2014; Ord. No. 2014-065, § 3, 12-10-2014; Ord. No. 2015-038, § 13, 9-21-2015; Ord. No. 2015-056, § 6, 10-28-2015; Ord. No. 2016-027, § 5, 7-12-2016; Ord. No. 2018-013, § 3, 6-13-2018)