§ 5.3. Limited and Special Exception Use Standards.

Latest version.

COMMENTARY: The following limited and special exception use standards are listed by use category, and then in alphabetical order by the name of the use as shown in the use table.

The limited and special exception use standards in this section shall apply to all uses shown in the Use Table in Section 5.1 as "L" Limited Uses or "SE" Special Exception Uses as expressly set forth below. Unless otherwise noted, any standard below applies to all districts in which the use is permitted. Where such uses exceed the threshold for Site and Development Plan review set forth in the Sarasota County Land Development Regulations, a site plan shall be approved in accordance with those regulations.

5.3.1.

Open Use Standards.

Agricultural Uses. Agricultural uses are permitted in accordance with the Use Table in Section 5.1, subject to the following standards:

All uses and structures shall meet the principal structure setback for the district, except as follows:

Structures for keeping and raising of livestock and poultry shall be separated from property lines and residentially-zoned properties according to the following table:

Separation Distance Required	OUR	OUE
From residentially-zoned property	500 feet	100 feet
From nonresidential property line	100 feet	50 feet

An agricultural use that was permitted by right under the OUE-2 District in the zoning ordinance in effect prior to October 27, 2003, may be established or continued on those parcels converted from OUE-2 to RE-1, subject to the following separation standards:

100 feet from any residentially-zoned property; and

ii.

50 feet from any nonresidential property line.

In addition to subsection 2., above, on those parcels converted from OUE-2 to RE-1, any permitted, limited or special exception use in the agricultural use category allowed in the OUE District in accordance with the use table in Section 5.1 may be permitted by special exception.

Swine, poultry, emu, rhea and ostriches shall not be permitted to run within 100 feet of any residentially-zoned property.

When property adjacent to an existing OUE zoned district is rezoned on or after March 21, 1995, from OUE to residential, the existing OUE zone shall not be subject to the 100-foot setbacks provided herein but shall be subject to all other setbacks of the OUE District.

In addition to the provisions in Section 7.1.3 the parking, storage or servicing of vehicles in excess of 6,000 pounds empty vehicle weight is permitted in the OUA, OUE and OUR Districts, subject to the following standards:

This provision applies only to those vehicles that are not used exclusively for agricultural purposes on the premises, such as a dump truck, payloader, backhoe, tractor, semi-tractor, semi-trailer and the like.

ii.

Implements attached to vehicles, such as farm implements including discs, tillers and the like, are allowed and shall not be considered in the calculation of the maximum number of vehicles.

iii.

The parcel shall be located within an area designated as "Rural" or "Semi-Rural" on the Future Land Use Plan Map of the Sarasota County Comprehensive Plan.

iv.

The parcel shall include a residence which shall be occupied by the owner of the legal entity operating the vehicles parked, stored, and serviced on the parcel.

The minimum required land area shall be five acres.

vi.

The maximum number of vehicles shall not exceed four vehicles regardless of parcel size. Any greater number of vehicles regardless of parcel size is allowed only by special exception.

vii.

No vehicle shall be stored within 50 feet of any property line.

viii.

A landscape buffer in compliance with the following standards shall be provided to screen the vehicles from any right-of-way or abutting property:

(a)

The landscape buffer shall have a minimum width of 20 feet.

(b)

The required buffer shall be located around the vehicle parking/storage area.

(c)

The landscape buffer shall consist of three canopy trees per 100 linear feet of the buffer and a continuous hedge capable of reaching a height of eight feet within one year.

(d)

Existing native habitat or plant material that meets the requirements of these regulations may be counted as contributing to the total buffer requirements.

ix.

Hours of operation shall be limited to the hours between 7:00 a.m. and 7:00 p.m.

All Cannabis Farms shall adhere to the following minimum standards for planting, growing, harvesting, or drying of marijuana plants or any parts thereof:

Outside Cultivation Prohibited. Outside cultivation of Cannabis shall be prohibited. Areas of cultivation shall only be within a closed structure or greenhouse.

ii.

Gas Products. Gas products (including, without limitation, CO ₂ , butane, propane, and natural gas), or generators shall not be used within a closed structure or greenhouse used for the cultivation of Cannabis.

iii.

Access. Areas of cultivation must be restricted to authorized personnel, 18 years of age or older. Such area of cultivations shall be secured and locked at all times when not occupied by authorized personnel of the Cannabis Farm.

iv.

Alarm System. Areas of cultivation shall be equipped with an alarm system that complies with the provisions of Chapter 50, Emergency Services, Sarasota County Code.

Separation Distance. Cannabis Farms shall be kept a minimum of 500 feet from any pre-existing school, house of worship, day care facility, public park, or public beach. All distance requirements shall be measured by drawing a straight line from the nearest property line of the pre-existing protected use to the nearest property line of the proposed Cannabis Farm.

vi.

Medical Marijuana Treatment Centers. Medical Marijuana Treatment Centers are not a permitted combination of uses under the Zoning Regulations. Instead, the individual uses are allowed separately as a Cannabis Farm, Medical Marijuana Dispensary, and Medical Marijuana Research and/or Processing.

For properties zoned OUE (nonconforming in size, less than one acre), the keeping of chickens is allowed as an accessory use in accordance with the Use Table in Section 5.1 if the following standards are met:

No more than four chickens may be kept, with roosters prohibited;

ii.

No person shall slaughter any chickens;

iii.

The chickens shall be provided with a movable covered enclosure (i.e. "hen house/coop") and must be kept in the covered enclosure or a fenced enclosure at all times. Chickens must be secured within the movable henhouse/coop during non-daylight hours;

iv.

The space per bird in the henhouse/coop shall not be less than four square feet per bird;

No covered enclosure or fenced enclosure shall be located in the front yard or side yard, and shall be in accordance with the separation distance requirements contained in Section 5.3.1.a.1.i., above. Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries;

vi.

All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. The henhouse/coop must be impermeable to rodents, wild birds, and predators, including dogs and cats. Enclosures shall be kept in neat condition, including provision of clean, dry bedding materials and regular removal of waste materials. All manure not used for composting or fertilizing shall be removed promptly;

vii.

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rodents or other pests shall be kept in secure containers or otherwise protected so as to prevent rodents and other pests from gaining access to or coming into contact with them;

viii.

The sale of eggs or any other chicken products generated is prohibited.

ix.

Nothing in this subsection shall affect any homeowner association declarations or restrictions.

Chickens that are no longer wanted by their owners shall not be taken to Animal Control, nor shall they be released. Unwanted chickens may be taken to Health and Human Services Mosquito Control Division for utilization in the Sentinel Chicken Program

xi.

The provisions of this Section 5.3.1.a.9. shall sunset on January 1, 2019, unless reviewed and saved from repeal, through reenactment by the Board of County Commissioners. In the event that this ordinance sunsets, the keeping of any previously allowed chickens shall be considered a nonconforming use for five years thereafter.

Animal Boarding.

Outdoor animal boarding is permitted in accordance with the use table in Section 5.1, subject to the following standards:

In the RE Districts, animal boarding is allowed only on those parcels converted from OUE-2 to RE-1.

ii.

A landscaped buffer with a minimum opacity of 0.5 shall be required on nonstreet property lines.

iii.

In the OUA District, provided that buildings or open runs for the housing of animals shall not be located within 200 feet of any other property line.

iv.

In the OUR and OUE Districts and on parcels converted from the OUE-2 District to the RE-1 District:

(a)

As of January 24, 1995, no building (or portion of a building) or open run for dogs shall be located closer than 75 feet of any property line and all outdoor runs shall be screened by an opaque barrier such that the runs are not visible from adjacent properties or public rights-of-way. If vegetative material is used for the opaque barrier, said material shall form an opaque barrier within one year from the time of first planting;

(b)

No dogs shall be permitted in open run areas between the hours of 7:00 p.m. and 7:00 a.m.

Outdoor animal boarding establishments shall board no more than 50 dogs for parcels located within an area designated as "Rural" or "Semi-Rural" on the Future Land Use Plan Map of the Sarasota County Comprehensive Plan. Any establishment with capacity to board more than 50 dogs shall require special exception review in accordance with Section 3.16.

vi.

Outdoor animal boarding existing as of October 27, 2003, within the Urban Service Area boundary on the Future Land Use Plan Map may expand to board up to 50 dogs. Any greater expansion shall require special exception review in accordance with Section 3.16.

vii.

New outdoor animal boarding shall be prohibited within the Urban Service Area Boundary on the Future Land Use Plan Map.

Indoor animal boarding is permitted in accordance with the use table in Section 5.1. Any animal boarding facility with outdoor dog runs shall be considered outdoor animal boarding subject to the standards above.

Animal Shelter. An animal shelter is permitted in accordance with the use table in Section 5.1, subject to the following standards:

As of January 24, 1995, no building or open run for animals shall be located closer than 200 feet from any property line and all outdoor runs shall be screened by an opaque barrier such that the runs are not visible from adjacent properties or public right-of-way. If vegetative material is used for the opaque barrier, said material shall form an opaque barrier within one year from the time of first planting. A buffer in excess of this requirement may be applied as a condition of approval of a special exception.

No dogs shall be permitted in open run areas between the hours of 7:00 p.m. and 7:00 a.m.

[3.]

This use is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Aviary. An aviary is permitted in accordance with the use table in Section 5.1, subject to the following standards:

A landscaped buffer with a minimum opacity of 0.5 shall be required on nonstreet property lines.

In the OUA District, an aviary shall not be located within 200 feet of any other property line.

In the OUR and OUE Districts, provided that no aviary shall be located closer than 75 feet of any property line.

Borrow Pit. A borrow pit is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Establishment and operation of a borrow pit shall be in accordance with Chapter 54, Article XII, Sections 54-341 through 54-347, of the Sarasota County Code.

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.

Accessory uses shall be clearly incidental and subordinate to the principal use and include only the following:

—

Sale of handmade crafts, candles, soap

—

Sale of homemade baked goods

The uses listed in Section 5.3.1.f.2 herein and any accessory uses not listed in Section 5.3.1.f.1 above shall require the approval of a Special Exception in accordance with Section 3.16 of these zoning regulations. The requirement for a Special Exception shall apply to uses existing as of October 26, 2004, and to those after October 26, 2004. For existing uses as of October 26, 2004, a Special Exception approval must be obtained by October 26, 2005, for said uses requiring special exception to continue.

—

Sale of value added agricultural products made from farm products not grown or raised on-site such as milk, eggs, cheese, etc.

Agriculturally oriented holiday special event for 14 days total subject to the issuance of a temporary use permit.

—

Children's games

—

Food service

—

Crop maze

—

Petting zoo

—

Organized group activities (e.g. company picnics)

Keeping of Ponies/Horses. Keeping of ponies or horses is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The horses or ponies are for private, noncommercial riding use.

No structure for the keeping of horses or ponies shall be located within 100 feet of any property zoned RSF, or within 50 feet of any other residentially-zoned property.

Such horses or ponies shall be kept on an adequately fenced enclosure.

Livestock Auction, Milk Processing Plant, Packing House, Stockyard or Feeding Pen. A livestock auction, milk processing plant, packing house for fruits or vegetables, stockyard or feeding pen is permitted in accordance with the use table in Section 5.1, provided that such uses are not located within 500 feet of any property line. No citrus concentrate plants are permitted.

Plant Nursery. A plant nursery, is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Such facility shall engage in the wholesale or retail trade of plant material only.

Such facility shall not sell any of the following:

Bulk materials such as mulch, rocks or topsoil;

ii.

Landscaping supplies such as railroad ties, weed mats, or edging or border materials;

iii.

Fencing, sheds or gazebos;

iv.

Fountains, ponds or other lawn ornaments; or

Wheelbarrows, hoses or other garden tools or supplies.

Where such facility is located within 100 feet of any existing residence, a buffer with a minimum opacity of 0.3 in accordance with Section 7.3. shall be required along the property lines that abut the existing residence or residential district.

The sale of any materials listed in subsection 2., above, shall render the establishment a garden center and shall require the appropriate zoning for such use.

Notwithstanding the provisions of subsection 2.i above, in the OUA, OUR and OUE Districts such nursery may sell bulk materials such as mulch, rocks or topsoil provided that the materials are screened with a landscape buffer along all streets and residential property lines with a minimum opacity of 0.5 in accordance with Section 7.3.

Plant Nursery with Landscape Supply. A plant nursery with landscape supply is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The minimum parcel size for a plant nursery with landscape supply shall be ten acres. In the OUE zoning district, the Board may approve a plant nursery with landscape supply on a minimum parcel size of five acres by Special Exception, provided that the property has frontage on an arterial road and is located outside the Urban Service Boundary.

Such establishment may engage in the wholesale trade of the items listed below. Retail sales are permitted provided that the establishment has frontage on an arterial roadway.

Such establishment may engage in the sale of plant material, bulk materials such as mulch, rocks or topsoil, or landscape supplies such as railroad ties, weed mats, edging or border materials. However, all bulk material and landscape supplies shall be screened with a landscape buffer along all streets and residential property lines with a minimum opacity of 0.5 in accordance with Section 7.3.

Fountains, ponds or other lawn ornaments may be displayed.

The sale of fencing, sheds or gazebos may only be permitted by special exception.

The sale of wheelbarrows, hoses or other garden tools or supplies shall render the establishment a garden center and shall require the appropriate zoning for such use.

A landscape supply establishment may include a landscape installation business as an accessory use provided all employee vehicles and equipment are a minimum of 50 feet from the property line and screened from view from the public right-of-way. Landscape maintenance business may be permitted as an accessory use to a Plant Nursery with Landscape Supply in the OUA, OUE, and OUR districts by special exception. All employee vehicles and equipment are required to be kept a minimum of 50 feet from the property line and screened from view from the public right-of-way.

Resource Extraction. Resource extraction uses are permitted in accordance with the use table of Section 5.1, provided that such uses are established and operated in accordance with the requirements of Chapter 54, Article X, Sections 54-281 through 54-301, Sarasota County Code, Ordinance No. 82-111. Resource extraction expressly does not include those activities not considered Mining Activities in Chapter 54, Article X, including activities that are part of a construction project, such as a subdivision, dredge and fill project, drainage facility, excavation for a structure, and similar projects.

Retail or Wholesale Sales of Agriculturally-Related Supplies and Equipment. Retail and wholesale sales of agriculturally-related supplies and equipment are permitted in accordance with the use table in Section 5.1, provided that in the OUA, OUE and OUR Districts such uses are not located within 250 feet of any residentially-zoned property or 100 feet of any property line. Within the OUA District, structures, parking, and other facilities are not permitted within 1,400 feet of Clark Road, within 500 feet of parcel boundaries and within 500 feet of any land designated as Greenway RMA on Figure RMA-1 of the Future Land Use Map Series.

5.3.2.

Residential Use Standards.

Accessory Dwelling Unit.

COMMENTARY: An accessory dwelling unit is also known as a "granny flat" or "mother-in-law apartment." An accessory dwelling unit is permitted in accordance with the use table in Section 5.1, subject to the following standards:

An accessory dwelling unit may be established only in a subdivision created after October 27, 2003. No accessory dwelling units shall be permitted on Barrier Islands.

Only one accessory dwelling unit shall be permitted per lot or parcel.

The property owner shall occupy either the principal dwelling or the accessory dwelling unit. Restrictions on the rental of a dwelling that apply within the district shall also apply to the accessory dwelling unit.

The total floor area of the accessory dwelling unit shall not exceed 500 square feet.

A subdivision with accessory dwelling units shall not exceed the maximum district density requirements, counting all principal dwelling units and any accessory dwelling units. The accessory dwelling unit shall be equal to one-half dwelling unit for density purposes.

The principal dwelling and accessory dwelling unit together shall not exceed the maximum district building coverage.

The accessory dwelling unit may be part of or attached to the principal structure, and or may be a separate structure. All principal structure setbacks and yard requirements shall be met.

The accessory dwelling unit shall not exceed the maximum district height.

One additional parking space on the same premises shall be required for the accessory dwelling unit. Tandem parking and shell or grass surfacing are permitted for such parking space.

10.

The subdivision permitting accessory units shall include a recorded plat note stating the number (if any) of accessory dwelling units permitted in the subdivision. The number of accessory dwelling units permitted shall equal the allowed dwelling units per acre multiplied by the total acreage, minus the number of subdivided lots.

COMMENTARY: For example, 3.5 units/acre × 10 acres = 35 units - 30 lots = maximum 10 accessory units.

Community Residential Home. Community residential homes are permitted in the same manner as other residential uses in accordance with the use table in Section 5.1, subject to the following standards:

Community Residential Home, Licensing Entity Notification.

As specified in F.S. § 419.001, a licensing entity, shall notify the County at the time of home occupancy that the home is licensed by the licensing entity.

Community Residential Home, Operating as Functional Equivalent of Family.

Community Residential Homes operating as the functional equivalent of a family shall be treated as a family under these Zoning Regulations.

Community Residential Homes in General.

Nothing in this section shall be deemed to affect the authority of any community residential home established prior to October 1, 1989, to continue to operate.

ii.

Nothing in this section shall permit persons to occupy a community residential home who could constitute a direct threat to the health and safety of other persons.

iii.

All other State and County regulations in regard to such establishment shall be met.

Group Living. Group living is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Each separate room or group of rooms designed or intended for use as a residence by an individual or family and having kitchen facilities shall be equal to one dwelling unit.

Each separate bedroom or bedroom and associated rooms containing two beds, designed or intended for use as a residence and not having kitchen facilities but having access to a common dining area, shall be equal to one-half dwelling unit.

Each separate bedroom or bedroom and associated rooms containing only one bed, designed or intended for use as a residence by an individual or couple and not having kitchen facilities but having access to a common dining area, shall be equal to one-quarter dwelling unit.

Where beds are provided for residents in the nature of a hospital or nursing home ward rooms, as opposed to residential dwelling units with three or more beds, each bed shall be equal to one-quarter dwelling unit.

In the OUR and OUE Districts, the maximum density for a group living facility shall be six persons per acre. In all other districts, the maximum district density shall apply.

All other State and County regulations in regard to such establishments shall be met.

Group living in the GU District shall be permitted where directly associated with an adjacent hospital or similar medical facility.

Guest House. A guest house is permitted in accordance with the use table in Section 5.1, subject to the following standards:

A guest house is a dwelling unit in a building separate from and in addition to the principal dwelling unit on a lot. A guest house, including the combined area of all enclosed air-conditioned areas, enclosed non air-conditioned areas and unenclosed areas such as porches, decks, carports and pool enclosures in total, shall not exceed 50 percent of the enclosed living area of the principal dwelling unit or 1,200 square feet, whichever is less. In addition, the guest house shall be used, only for intermittent or temporary occupancy.

No such living quarters shall be rented, leased, or otherwise be made available for compensation of any kind and shall be used only for the housing of guests.

If the guest house is occupied by the property owner, the main residence shall not be rented, leased or made available for compensation.

A guest house shall meet all of the principal structure setback and yard requirements.

In the OUA and OUR Districts, there may be one guest house for each permitted single-family dwelling.

In the OUE District, there may be one guest house for each permitted single-family dwelling, provided the total lot area shall be not less than five acres.

In the RE and RSF Districts, there may be one guest house for each permitted single-family dwelling, provided that the total lot area shall be equal to twice the minimum lot size for single-family dwellings on the lot or parcel.

Alternative Housing Types in RSF Districts. In the RSF Districts alternative housing types, including lot line, traditional, patio, villa or atrium house; two-family house; and townhouse, including semi-attached, and roof-deck townhouse, shall only be permitted in a cluster subdivision designed in accordance with Section 6.5, RSF District Development Intensity. All such housing types are also allowed in a Planned Unit Development (PUD).

Live-Work Unit. A live-work unit is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The unit shall be in a building either:

Constructed after October 27, 2003; or

ii.

Originally constructed for commercial, institutional, public, community facility or manufacturing purposes.

Every unit shall have one or more windows in the residential portion of the space.

The unit shall meet all of the applicable fire code requirements for residential occupancy in portions of the building intended for residential use, as determined by the Fire Marshal and Building Official.

The unit shall meet all of the applicable fire code requirements for the appropriate form of nonresidential occupancy in portions of the building intended for nonresidential use, as determined by the Fire Marshal and Building Official.

Short-Term Rental in the RMF District on the Barrier Islands. In the RMF Districts, short-term rental of single-family, two-family, townhouse or multifamily dwellings is permitted only on the Barrier Islands in accordance with the use table in Section 5.1, subject to the following standards:

Such dwelling units may be rented for periods of less than 30 days.

The owner or managing agent of real property that is offered for rent or lease shall maintain records, including the names and addresses of the lessees, that are adequate to establish the period for which a unit is rented and the number of family members or unrelated individuals occupying the premises during each rental period.

All of the additional requirements of the Siesta Key Overlay District (SKOD), Section 4.10.4, shall apply.

Recognition of Certain Existing Short Term Rental Rooms in the RMF Districts on the Barrier Islands.

The Board of County Commissioners will recognize and allow as lawful under these zoning regulations certain short-term room rental units in the RMF Zone Districts on the barrier islands that were in existence prior to September 30, 2003. For purposes of this section, a short-term room rental unit is a room or group of rooms in a structure zoned RMF on the barrier islands rented or leased as a distinct unit for periods of less than 30 days. To qualify for recognition, the applicant must demonstrate with clear documentation such as photographs, receipts, ledger entries, tax records, and accounting records, that the short-term room rental unit:

Was in existence and use as a short-term rental room unit on September 30, 2003;

ii.

Was lawful when it came into existence as a short-term room rental unit, with or without access to a common area in the structure shared by the room rental units;

iii.

Was lawfully permitted and constructed. If not constructed pursuant to proper building permits, then a building permit and certificate of occupancy must be issued before the room rental unit may qualify under this criteria;

iv.

Has cooking or refrigerating amenities and appliances in the room rental unit, that were lawful for the room rental unit at the time they were installed; and

Has been rented, leased, or occupied for compensation as a short term room rental unit for more than a total of 30 days between October 1, 2002, and September 30, 2003.

An applicant shall apply for recognition under this program no later than 90 calendar days after October 27, 2003. Thereafter, the County shall not accept an application for relief under this program. An application must be processed by the County within 90 calendar days of receipt of an application and the application may be approved, approved with modifications or denied. Thereafter no additional short-term room rental units shall be allowed.

If the applicant establishes compliance with the foregoing criteria, then a certificate of compliance with this section will be issued and the short-term rental room unit will be recognized as lawful for purposes of these zoning regulations.

A short-term rental room unit shall remain lawful, provided:

The room rental unit is not divided to create additional registered room units;

ii.

Appliances and amenities for the preparation or refrigeration of food in the room unit do not include any significant cooking appliance other than a refrigerator, microwave oven or a cooking surface that does not contain more than the number of burner surfaces at the time of the certification. The certification of room rental units shall document the cooking appliances in each room rental unit. After certification no additional cooking appliances or expansions of cooking appliances shall be allowed in room rental units.

iii.

The room rental unit complies with these zoning regulations and any other County regulations.

Certified short-term rental room units may be reconstructed in the case of the destruction of the short-term room rental units caused by a catastrophe, provided that the cumulative square-footage of the structure in which the short-term room rental units were located is equal to or less than the square-footage of the prior structure and the total number of reconstructed short-term room rental units does not exceed the number of certified short-term room rental units.

A short-term rental room unit certificate shall be issued only if the owner consents to inspections by Sarasota County Code Enforcement officers during normal County business hours to confirm compliance with subsection 3., above. Both the certification inspection and subsequent inspections for continued compliance shall be on reasonable times and days, upon reasonable notice to the owner or the owner's agent, consistent with the intent to assure compliance. If reasonable requests for inspection are made and the owner or agent refuses access to the unit on three consecutive requests for access on three different days during a period of ten calendar days, the short-term rental room unit shall lose its recognized status and shall be unlawful. Thereafter, the room rental unit shall not qualify for a certificate under this section.

The number of certificates issued for a property shall cap and limit the number of short-term rental room units allowed on the property under these zoning regulations.

Single-Family Detached Dwelling. A single-family detached dwelling is permitted in the OUC and OUM Districts in accordance with the use table in Section 5.1, subject to the following standards:

In the OUC District such building shall be for the residence of the owner, operator or resident caretaker of agricultural or conservation activity.

In the OUM District, such building shall be for the residence of the owner, operator or caretaker of the mining operation.

Upper-Story/Attached Residential in the CM District. Upper-story/attached residential dwelling units are permitted in accordance with the use table in Section 5.1, subject to the following standards:

Such units shall only be permitted in conjunction with a marina;

The marina shall remain accessible to the general public. All existing public vehicular, pedestrian and boat access to the marina shall be retained. All wet slips shall be available to the general public for lease or for transient use in association with the nonresidential uses on the property. No fees shall be charged for transient slips;

The residential use on the property shall be an accessory use in scale and intensity to the principal use of commercial/public and shall not exceed 30 percent of the total square footage of uses of the property, not including parking spaces. For purposes of this section, total square footage is the cumulative square footage of all residential use on the property (i.e. a two-story building with 5,000 square feet on each floor equals a total of 10,000 square feet);

Commercial and public use and activity must be the principal use and activity on the property. Public use and activity areas include, but are not limited to, boardwalks and piers accessible to the general public, public recreation areas such as picnic areas or gazebos, and no-cost transient boat slips; and

Commercial and public use and activity space must be the predominant assignment of space on the property. This shall constitute a minimum of 70 percent of the total square footage of the uses on the property, not including parking spaces. For purposes of this section, total square footage is the cumulative square footage of all commercial and public uses on the property (i.e. a two-story building with 5,000 square feet on each floor equals a total of 10,000 square feet). Additionally, the square footage of any public use areas (i.e. boardwalks, piers, docks, wet slip areas, recreation areas, etc.) shall be included in the total square footage calculation, including use areas that extend over and into the water. Other submerged lands shall not be included in the total square footage calculation. These submerged lands, include, but are not limited to, boat travel lanes, navigable waterways, or other areas extending beyond the boat slip and walkway areas.

Residential in the ILW District. Limited amounts of residential development are allowed in the ILW districts designated on the Future Land Use Map as Major Employment Centers (MEC) to facilitate access between home and place of work where:

Single family residential uses are allowed where:

The ILW zoning is existing as of January 1, 2013; and

The single family use to be developed is part of a unified development plan that consists of, at a minimum, 35 acres; and

The unified development to be used for single family use is located on and/or accessed from an arterial road or collector road; and

The unified development to be used for single family use is adjacent to, but not necessarily including, parcels that include, in aggregate, at least 200,000 square feet of existing office or industrial use to create a mix of uses that facilitates access between home and place of work (for purposes of this section, parcels across intervening rights-of-way shall be considered adjacent);

The unified development to be used for single family use must have at least one access that is within 3,000 feet of an Intermodal Transit Hub; and

The unified development to be used for single family use is located within 5,000 feet of an existing full interchange with Interstate 75, measured from the center point of the interchange to any access point of the unified development; and

The single family use shall be required to provide at least one visitor parking space for every seven single-family dwelling units; and

The single family use allowed hereunder shall be developed in a manner consistent with the Cluster Subdivision development standards for the RSF-4 zoning district set forth in Section 6.7.2.c in lieu of the Commercial and Industrial District Standards for ILW zoned property set forth in Section 6.10. However, street yard setbacks shall be 12 feet; and

Prohibited Characteristics. No business use that is accessory to the single family use shall be permitted that does any of the following.

Requires external alterations inconsistent with the residential use of the building with the exception of such alterations required by the Florida Accessibility Code (FAC) and Americans with Disabilities Act (ADA).

Results in the off-street or on-street parking of more than three vehicles at any one time not owned by members of the occupant family.

Is a nuisance, or creates a hazard to persons or property.

10.

Prohibited Uses. The following uses are prohibited as business uses that are accessory to the single family use.

Vehicle and/or body and fender repair.

Outdoor repair.

Greenhouse, commercial nursery or truck farming.

Food handling, processing or packing, other than services that utilize standard home kitchen equipment;

Medical lab or dental lab.

Child care center, preschool, nursery school or child care arrangement which provides child care for more than ten children. (See also Day Care Facility in Article 10.)

Restaurants or any other sales or dispensing of freshly-prepared food or drinks.

Multifamily residential uses are allowed where:

The ILW zoning is existing as of January 1, 2013; and

The property is to be used for Multifamily use and is part of and consistent with an existing Corridor Plan; and

The Multifamily use to be developed is part of a unified development plan that consists of, at a minimum, 100,000 square feet of existing Office use; and

The Multifamily use is located on and/or accessed from a major arterial road via an existing signalized intersection; and

The Multifamily use is located within 5,000 feet of an existing full interchange with Interstate 75; measured from the center point of the interchange; and

The Multifamily use allowed hereunder shall be developed in a manner consistent with the Development Area Standards set forth in the Planned Commercial Development (PCD) District Dimensional Table in Section 6.11.3.c.1., in lieu of the Commercial and Industrial District Development Intensity Table Standards for ILW zoned property set forth in Section 6.10.1; and

If any Multifamily structure to be developed hereunder is located within 300 feet of the boundary of an adjacent RSF district, and at the time of the initial site and development plan submittal for the Multifamily use there exists no intervening nonresidential use between the Multifamily structure and the RSF district boundary, then a minimum buffer width of 50 feet with a buffer opacity of 0.7 shall be required between the Multifamily structure and the RSF district boundary and a master landscape plan incorporating this buffer shall be submitted prior to, or concurrent with, the initial site and development plan submittal. Such buffer areas shall be developed and maintained in accordance with Section 7.3, Landscaping and Buffering.

Multi-family in the OPI, CN, CG and CI districts. Multi-family shall be allowed in the OPI, CN, CG and CI districts as part of mixed use development in those areas where an adopted Critical Area Plan expressly permits mixed use development. Multi-family development shall comply with the development standards of the applicable zoning district and any conditions of development approval of the Critical Area Plan.

Minimum Living Standards to Prevent Overcrowding. The following standards shall apply to all residential uses, including household or group living:

For homes with five or more boarding rooms or sleeping areas, at least one communal living room will be provided.

Each boarding room or sleeping area will have a gross floor area of at least 80 square feet.

Where more than two persons occupy a boarding room or sleeping area, the required floor area shall be increased at the rate of 60 square feet for each occupant in excess of two.

An agricultural use may be established on parcels zoned RE-1, consisting of 2 acres or more, subject to the following separation standards:

100 feet from any residentially-zoned property; and

ii.

50 feet from any nonresidential property line.

Agricultural uses within the RSF, RE-2, RE-3, and RC districts are limited to the keeping of chickens. The keeping of chickens is allowed as an accessory use is allowed in accordance with the Use Table in Section 5.1.if the following standards are met:

No more than four chickens may be kept, with roosters prohibited;

ii.

No person shall slaughter any chickens;

iii.

iv.

The space per bird in the henhouse/coop shall not be less than four square feet per bird;

No covered enclosure or fenced enclosure shall be located in the front yard or side yard, nor shall the henhouse/coop be closer than ten feet to any property line of an adjacent property, nor within 25 feet of any adjacent residential structure. Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries;

vi.

vii.

viii.

The sale of eggs or any other chicken products generated is prohibited.

ix.

Nothing in this subsection shall affect any homeowner association declarations or restrictions.

Chickens that are no longer wanted by their owners shall not be taken to Animal Control, nor shall they be released. Unwanted chickens may be taken to Health & Human Services Mosquito Control Division for utilization in the Sentinel Chicken Program.

xi.

The provisions of this Section 5.3.2.n. shall sunset on January 1, 2019, approved, unless reviewed and saved from repeal, through reenactment by the Board of County Commissioners. In the event that this ordinance sunsets, the keeping of any previously allowed chickens shall be considered a nonconforming use for five years thereafter.

5.3.3.

Public and Civic Use Standards.

Airport/Helicopter Landing Facility.

An aircraft landing field or helicopter landing facility is permitted in accordance with the use table in Section 5.1, subject to the requirement that adequate land area is available for take-off and landing to ensure public safety in accordance with Federal Aviation Administration standards. In addition, the helicopter landing facility and the aircraft runway shall be a minimum of 500 feet from all property lines. Exceptions to the 500-foot setback shall be allowed only where abutting properties allow the use in accordance with the Use Table in Section 5.1, and the use is not prohibited on abutting properties by private covenant or restriction.

In the OUR District, an aircraft landing facility is permitted provided that it exists as on October 27, 2003.

Cemetery, Columbarium, Mausoleum or Memorial Park. A cemetery, columbarium, mausoleum or memorial park is permitted in accordance with the use table in Section 5.1, subject to the following standards. In the OUA District, such use shall be limited to the boundaries existing on October 27, 2003.

As a Limited Use. Any parcel that meets all of the following criteria shall be permitted as limited use:

The parcel consists of 40 acres or more;

ii.

The parcel was licensed as a cemetery by the State of Florida prior to January 1, 1980.

iii.

The parcel is located on an arterial or collector roadway;

iv.

No grave or monument shall be located any closer than 25 feet to any street, Any properties that have had right-of-way transferred to the government may continue to develop at the same street yard setbacks currently utilized on site at the time of the adoption of this ordinance, upon submission of documentation acceptable to the County Attorney establishing such transfer;

No grave or monument shall be closer than 25 feet to any boundary line of the property abutting a residential use or district; and

vi.

No elevated structures, including but not limited to columbaria, chapels, offices, lawn covered crypts, mausoleums, shall be closer than 50 feet to any boundary line of the property abutting a residential use or district. For purposes of this section, elevated structures include any structures that are higher than 12 inches above the natural/existing grade. This does not include headstones.

As a Special Exception. In all other situations, the cemetery and associated accessory uses shall be reviewed as a special exception in accordance with Section 3.16.

Community Service. A community service facility is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Community service facilities in any open use or residential district shall meet the following minimum requirements.

The facility shall be located on a parcel not less than two acres in size.

ii.

No structure shall be closer than 50 feet to any residentially-zoned property.

Day Facility. In the RE Districts, a special exception application for a day facility is permitted only on those parcels converted from OUE-2 to RE-1.

Day Care Facility. A day care facility with 11 or more children or an adult day care facility with seven or more adults is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The use shall be established and operated in accordance with Chapter 6, Article I, Sections 62-131 through 62-143 of the Sarasota County Code.

A landscaped buffer with a minimum opacity of 0.5 shall be required on nonstreet property lines.

2.[3.]

This use is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Major Utility.

Major utilities are permitted in accordance with the use table in Section 5.1, subject to the following standards:

No water or sewer plant structures shall be located closer to the boundary of the service area of the facility or to any residential structure including mobile and manufactured homes within the service area than one foot for each 2,000 gallons per day of the plant's treatment design capacity, provided the minimum setback shall be 150 feet and the maximum setback required shall be 500 feet.

The reuse of reclaimed water and land application of effluent shall meet the requirements of Chapter 62-610, Florida Administrative Code, which in addition to other criteria, defines setback distances and minimum system size requirements.

All major utility plant sites and polishing ponds shall be enclosed with a minimum six-foot high fence or wall.

A landscaped buffer in accordance with a minimum opacity of 0.6 shall be provided on all nonstreet property lines.

All street frontages shall be landscaped in accordance with Section 7.3.

This Section shall not be deemed to permit the erection of structures for commercial activities such as sales of related merchandise, collection of bills or maintenance or storage yards in districts from which such activities would otherwise be prohibited.

Under this section, where structures are involved, such structures shall conform to the maximum extent possible to the character of the district as to architecture, and landscaping, including screening compatible with the district.

Artesian wells, aeration facilities and wastewater treatment facilities are allowed as a limited use in the OUA, OUR, OUE and residential zoning districts subject to the standards listed above in Section 5.3.3.f.1. Other types of major utilities are prohibited in said zoning districts unless in existence as of October 27, 2003.

Artesian wells, aeration facilities and wastewater treatment facilities are allowed as a limited use in the CN, CG, CI, and PCD zoning districts subject to the standards listed above in Section 5.3.3.f.1. Other types of major utilities are allowed by Special Exception in said district. Other types of major utilities in existence as of October 27, 2003, are permitted but expansions to such facilities shall require a special exception in accordance with Section 3.16.

Medical Facility.

Medical facilities are permitted in accordance with the use table in Section 5.1, provided that no facility in the CN District is greater than 20,000 square feet in size. See Section 4.9.1.c.2., for regulations for medical facilities in GU zoning districts within the Urban Service Area.

Medical facilities in CHI are allowed only in areas designated office consistent with Section 5.3.4.l. of these Zoning Regulations.

Neighborhood Resource Center. A neighborhood resource center is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The site shall provide a landscaped buffer with a minimum opacity of 0.7 on all nonstreet property lines.

Direct access to the site shall be from an arterial or collector roadway is required and no vehicular access driveway shall be permitted to a local street.

Operation of any retail sales component is not permitted between 7:00 p.m. and 8:00 a.m.

Retail sales component is an accessory use only to the principal use and building and shall not comprise more than 20 percent of floor area of the principal building and shall be depicted on the site and development plan to be submitted.

Site and development plan approval is required.

Stormwater Facility in Different Zoning Than Principal Use. A stormwater facility in the OUE, RE, RSF, RMF or RMH District is permitted in accordance with the use table in Section 5.1 subject to the following standards when the principal use it serves is permitted on a nonresidentially zoned parcel. Landscape buffers shall be required as listed in Section 7.3.12.d.

As a Limited Use. Any facility that meets one of the following criteria shall be permitted as a limited use.

Part of a Development of Regional Impact;

ii.

Within a revitalization or redevelopment plan adopted by Sarasota County,

iii.

Part of a regional stormwater facility; or

iv.

Part of a government roadway project.

As a Special Exception. In all other situations, the facility shall be reviewed as a special exception in accordance with Section 3.16.

Patient Family Accommodation. Patient family accommodations are permitted in accordance with the use table in Section 5.1, subject to the following standards:

The facility shall be located in conjunction with a hospital or similar medical establishment.

Patient family transient accommodations are permitted in the GU District where directly associated with an adjacent hospital or similar medical facility.

The facility shall have a maximum density of 13 dwelling units per acre.

A transient accommodation shall be considered a residential use and, for purposes of determining allowable density in such facilities, the following shall apply:

Each separate room or group of rooms intended for use as an accommodation by an individual or family and having kitchen facilities shall be equal to one dwelling unit.

ii.

Each separate room or group of rooms intended for use as an accommodation by an individual or family and not having kitchen facilities shall be equal to one-quarter dwelling unit.

Place of Worship. A place of worship is permitted in accordance with the use table in Section 5.1, subject to the following standards:

A place of worship may have accessory uses in accordance with Section 5.4.6.

A place of worship in the CN District, including accessory uses, may not exceed 20,000 square feet in gross floor area.

A place of worship including accessory uses in the rural area as designated on the Future Land Use Map shall not exceed 15,000 square feet in gross floor area.

Rural Retreat Center. A rural retreat center is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The center shall be located on a parcel of no less than 20 acres in size.

The maximum density of a rural retreat center shall be determined at the time of the issuance of the special exception permit, however in no case shall the overnight accommodations associated with the center exceed 30 units.

Each unit having kitchen facilities shall be equal to one dwelling unit. Each unit not having kitchen facilities shall be equal to one-half dwelling unit.

No more than one group or event shall have use of a rural retreat center at a given time.

Social Service Institution. A social service institution is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The facility shall be located on a parcel not less than two acres in size.

No structure shall be closer than 50 feet to any residentially-zoned property.

Wild Animal Sanctuary. A wild animal sanctuary is permitted in accordance with the use table in Section 5.1, subject to all applicable state and federal regulations and provided that no structure, open run or open fenced area for animals shall be located within 500 feet of any property line.

5.3.4.

Commercial Use Standards.

Animal Hospital or Veterinary Clinic. Animal hospitals or veterinary clinics may provide indoor animal boarding in accordance with the use table in Section 5.1. Outdoor animal boarding shall be subject to the requirements of Section 5.3.1.b. In the RE Districts an animal hospital or veterinary clinic is allowed only on those parcels converted from OUE-2 to RE-1. A Pet Resort shall meet the following requirements:

Special Exception in the CG District. A Pet Resort may be allowed in the CG district, provided that such pet resort receives approval as a Special Exception in accordance with Section 3.1.16 and the use meets the following minimum standards:

A Pet Resort shall only be established on a parcel with a minimum parcel size of 1.5 acres and have frontage on an arterial street.

ii.

Any building where a Pet Resort is established shall be constructed with masonry or concrete exterior walls.

iii.

All perimeter boundaries other than the front street yard shall be screened by a 6-foot high wall, and any open runs shall be screened such that the runs are not visible from adjacent properties or public right-of-way.

iv.

No dogs shall be permitted in open run areas between the hours of 8:30 p.m. and 7:00 a.m.

Any need for parking generated by the conduct of the Pet Resort business shall be met off-street and not in a required street yard.

vi.

No buildings for the housing of animals or open runs for dogs shall be located closer than eight feet from any commercially zoned property and no closer than 100 feet of any pre-existing residential structure zoned residentially.

Special Exception in the OPI District. A Veterinary clinic without animal boarding may be allowed in the OPI district, provided that such veterinary clinic receives approval as a Special Exception in accordance with Section 3.1.16 and the use meets the following minimum standards:

The parcel is designated on the Future Land Use Plan Map as Office/Multi Family Residential.

Bar. A bar is permitted in accordance with the use table in Section 5.1. Additional requirements for entertainment are found in Section 5.3.4.g. Bars with outdoor dining or drinking shall be subject to the provisions of Section 5.3.4.o.

Bed and Breakfast. A bed and breakfast is permitted in accordance with the use table in Section 5.1., subject to the following standards:

Existing buildings may be modified or expanded, to accommodate the bed and breakfast; however, the building shall maintain a residential character, style and appearance.

The property shall meet the parking requirement of one on-site, off-street parking space for every guest unit plus one parking space for the manager. No variances from this requirement shall be permitted.

No bar or restaurant shall be located on the same parcel as a bed and breakfast.

Use of the property for a bed and breakfast shall meet all applicable building and fire codes.

Business meetings, receptions, teas and other events from which the property owner may benefit financially involving attendance by anyone other than registered overnight guests may be permitted as part of the special exception approval, except in the Siesta Key Overlay District (SKOD).

In nonresidential zoning districts the maximum permitted density for the number of rooms in a bed and breakfast shall be as per the maximum permitted density of the zoning district in which it is located. In residential zoning districts the permitted density for the number of rooms shall be determined as part of the special exception. Each bed and breakfast room shall be equal to one-half of a dwelling unit.

Within the OUA District:

Structures, parking, and other facilities are not permitted within 1,400 feet of Clark Road, within 500 feet of parcel boundaries and within 500 feet of any land designated as Greenway RMA on Figure RMA-1 of the Future Land Use Map Series.

ii.

Bed and Breakfast as Limited Use: A bed and breakfast meeting the general standards in this section shall be permitted up to four guestrooms as a limited use. The provision of greater than four guestrooms per parcel shall require a special exception. No variances from this paragraph shall be permitted.

iii.

The permitted density of such use shall be one guestroom per 20 acres.

Circus Grounds, Winter Quarters, or Training Quarters. This use is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Commercial Hunting and Trapping. Commercial hunting and trapping is permitted in accordance with the use table in Section 5.1; subject to the following standards:

Within the OUA District, parking and other facilities are not permitted within 1,400 feet of Clark Road, within 500 feet of parcel boundaries and within 500 feet of any land designated as Greenway RMA on Figure RMA-1 of the Future Land Use Map Series.

The facility shall meet all applicable State and County regulations.

Convenience Store with Gas Pumps, Gas Station. A convenience store with gas pumps, or a gas station with or without a convenience store, is permitted in accordance with the use table in Section 5.1; subject to the following standards:

Special Exception in the CN District.

In the CN District, a maximum of four pumping stations (serving up to four vehicles simultaneously, and no more) shall be permitted as a limited use. Additional pumps may be requested as a special exception.

Location of Structures.

No sign of any type, and no gasoline pump or tank shall be located within 25 feet of any residentially-zoned property.

ii.

The main building shall conform to all street frontage setbacks required for the district.

iii.

Gasoline pumps, tanks, vents, pump islands, pump island canopies, and accessory car washes shall conform to side and rear setback requirements as for other structures in the district, provided that no pumps, tanks, vents, pump islands or pump island canopies shall be located closer than 25 feet to any side or rear property line.

iv.

Gasoline pumps, tanks, and pump islands, may be located no closer than 20 feet to the street property line. Pump island canopies may be located no closer than 15 feet to the street right-of-way. If such 20-foot or 15-foot requirement, as the case may be, is closer than setback requirements for the district, such appurtenances shall be removed before the property is converted to a use other than a gas station. In districts where setbacks greater than 20 feet or 15 feet, as the case may be, are required, no gasoline pumps, tanks, pump islands, or pump island canopies shall be located at a 20-foot or 15-foot distance, as the case may be, from the street right-of-way line until a legal instrument satisfactory to the County Attorney has been prepared and recorded at the expense of the property owner or lessee, which instrument shall relieve the County of all costs of removal of such appurtenances and from any severance damages should the County acquire such right-of-way.

Freestanding vents are not permitted.

Entertainment. Entertainment is permitted in accordance with the use table in Section 5.1, subject to the following standards:

All Entertainment. All entertainment shall be governed by the Sarasota County Code of Ordinances, Chapter 54, Article VI, Noise.

Indoor Entertainment. Entertainment within a completely enclosed building shall be permitted between 8:00 a.m. and 10:00 p.m. After 10:00 p.m., such indoor entertainment shall require a special exception, except in the CI and CHI Districts (See also Section 3.16.11.)

Outdoor Entertainment. Entertainment outside of a completely enclosed building shall be permitted between 8:00 a.m. and 10:00 p.m. After 10:00 p.m., such outdoor entertainment shall require a special exception, except in the CHI District (See also Section 3.16.11.)

Extreme Sports Facility. This use is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Firing or Archery Range, Outdoor. An outdoor firing or archery range is permitted in accordance with the use table in Section 5.1, subject to the following standards:

The facility shall be located on a parcel not less than five acres in size.

No structure shall be closer than 50 feet to any boundary line of the property. The shot fall zone shall be placed a minimum of 300 feet from any boundary line of the property.

Berms, backstops or baffles are required for outdoor firing ranges that control less than 1.5 miles downrange for pistols or 3.5 miles downrange for high-powered rifles, with appropriate left and right ricochet safety zones. All berms, backstops or baffles shall be placed such that maximum safety to off-site areas is preserved.

Lead shot may be permitted at any outdoor firing range provided that a lead management plan is approved and implemented.

The facility shall meet all other applicable State and County regulations.

Golf Course, Clubhouse, Yacht Club, Tennis Club, Country Club. A golf course, clubhouse, yacht club, tennis club, country club is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Golf Course.

The total area is at least 110 acres of land in one parcel.

ii.

Any parking area is located at least 100 feet from any residentially-zoned property not part of the development, or any residential structure that is part of the development.

iii.

Any building or structure, including any accessory building or structure, is located at least 300 feet from any residentially-zoned property not part of the development, or any residential structure that is part of the development.

iv.

The golf course shall be developed and maintained in accordance with Golf Course Ordinance No. 2003-069, as may be amended.

This use is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Golf Course, Executive Par Three.

The total area is at least 60 acres of land in one parcel.

ii.

Any parking area is located at least 100 feet from any residentially zoned property not part of the development, or any residential structure that is part of the development.

iii.

The golf course shall be developed and maintained in accordance with Golf Course Ordinance No. 2003-069, as may be amended.

iv.

This use is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Yacht Club.

Any parking area is located at least 100 feet from any residentially zoned property not part of the development, or any residential structure that is part of the development.

ii.

Any building or structure, including any accessory building or structure, is located at least 200 feet from any residentially zoned property not part of the development, or any residential structure that is part of the development.

Tennis Club.

Any parking area or tennis court is located at least 100 feet from any residentially zoned property not part of the development, or any residential structure that is part of the development.

ii.

Any building or structure, including any accessory building or structure, is located at least 100 feet from any residentially zoned property not part of the development, or any residential structure that is part of the development.

Hunting/Fishing Camp (Commercial) or Dude Ranch. A commercial hunting/fishing camp or a dude ranch is permitted in accordance with the use table in Section 5.1 provided that:

No building for the housing of animals shall be located within 100 feet of any property line.

Residential density shall not exceed the district maximum. A bed in a bunkhouse or other similar group living arrangements shall be considered one-fourth of a dwelling unit.

All residential units shall have access to common dining facilities. No individual kitchens shall be permitted.

In the RE Districts, a special exception application for a hunting/fishing camp (commercial) is permitted only on those parcels converted from OUE-2 to RE-1.

Within the OUA District:

ii.

Hunting/Fishing Camp or Dude Ranch as Limited Use: A hunting/fishing camp or dude ranch meeting the general standards in this section shall be permitted up to four guestrooms as a limited use. The provision of greater than four guestrooms per parcel shall require a special exception. No variances from this paragraph shall be permitted.

iii.

The permitted density of such use shall be one guestroom per 20 acres.

Office. An office is permitted in accordance with the use table in Section 5.1; subject to the following standards:

In the CHI District:

The area to be used for offices shall be depicted on the development concept plan at the time of rezoning. For all areas rezoned to the CHI District prior to February 1, 1994, a plan depicting the areas to be used for offices shall be provided for review and approval with the submission of a preliminary plan or with the first site and development plan for the area rezoned CHI;

ii.

Areas designated for offices shall not be located on arterial roadways (including parcels which do not have direct access to the arterial); and

iii.

Areas designated for offices shall not exceed 35 percent of the acreage proposed for rezoning.

Recreation. Recreation uses are permitted in accordance with the use table in Section 5.1, subject to the following standards:

In the GU District, such uses shall be publicly owned, or expressly authorized pursuant to a lease agreement by the governmental entity owning or controlling the property.

Recreational Vehicle Park/Campground. Recreational vehicle parks are permitted in accordance with the use table in Section 5.1, subject to the standards in Section 6.9.

In the OUE District, special exceptions for new recreational vehicle parks/campgrounds or recreation areas or expansions to recreational vehicle parks/campgrounds or recreation areas, shall not be approved after July 1, 2000, if any portion of the new recreational vehicle parks/campgrounds or recreation areas, or expansion of a recreational vehicle parks/campgrounds or recreation areas, is located within 500 feet of an existing residence or platted residential subdivision as measured from the parcel boundary of the residence or platted residential subdivision. For purposes of this provision the term "expansion" or "expansions" shall be construed to mean any extension of the perimetrical boundaries of the existing recreational vehicle parks/campgrounds or recreation areas, but shall not include any otherwise permitted expansion of structures, facilities, accessory uses, amenities, or activities within the perimetrial boundaries of such existing recreational vehicle parks/campgrounds or recreation areas. For the purposes of this provision an "existing" residence shall be construed to mean any residence for which construction has been completed at the time the special exception petition is filed.

In the RE Districts, a special exception application for a Recreational Vehicle Park/Campground is permitted only on those parcels converted from OUE-2 to RE-1.

Restaurant. A restaurant is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Restaurants serving alcohol shall be subject to Chapter 6, Article II, Section 6-31(c) of the Sarasota County Code of Ordinances.

Outdoor dining shall be permitted between the hours of:

6:00 a.m. and 10:00 p.m., Sunday through Thursday.

ii.

6:00 a.m. and 11:00 p.m., Friday and Saturday.

Patrons shall be permitted to remain outdoors to complete meals and beverages served before the latest hours indicated above. Outdoor dining shall be prohibited at any other time.

The sale and consumption of all food and beverages between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday and 11:00 p.m. and 6:00 a.m., Friday and Saturday, shall take place only within a completely enclosed structure, except as otherwise provided in these regulations.

Outdoor dining may be permitted after the hours listed in paragraph 2., above, provided a special exception is granted in accordance with Section 3.16.

Patrons dining in their vehicles at a drive-in restaurant shall not be considered outdoor dining.

Additional requirements for entertainment are found in Section 5.3.4.g.

In the CHI District, provided on-premises consumption of food and beverage is in a completely enclosed room or in an interior court completely surrounded by the restaurant. Consumption of food or beverage in any outdoor area, including outdoor patios and decks, whether screened or unscreened or under awnings, which outdoor area is not completely enclosed by the exterior walls of the restaurant building shall only be permitted as provided in Section 4 and 5 above.

Restaurants existing in the RMF District as of October 27, 2003, may be amended by special exception. New special exception restaurants in the RMF Districts are prohibited.

10.

Public Food Service Establishments that have received a permit pursuant to this subsection are exempt from those sections of the Food and Drug Administration Food Code that prohibit live animals in Public Food Service Establishments.

Definitions.

(a)

Division shall mean the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants.

(b)

Department shall mean the Sarasota County Health Department (SCHD).

(c)

Public Food Service Establishment shall mean restaurant as defined by Section 10.2 of the Zoning Regulations.

(d)

Employee or Employees shall include, but is not limited to, the owner or owners of the Public Food Service Establishment.

ii.

No dog shall be in a Public Food Service Establishment unless allowed by state law and the Public Food Service Establishment has received and maintains an unexpired permit pursuant to this subsection allowing dogs in designated outdoor areas of the establishment.

iii.

Public Food Service Establishments must apply for and receive a permit from the Sarasota County Health Department (SCHD) before patrons' dogs are allowed on the premises. The Board shall adopt a reasonable fee by resolution to cover the cost of processing the initial application, permitting, inspections, renewals, and enforcement. The application for a permit shall require the following information:

(a)

Name, location, mailing address and Division-issued license number of the Public Food Service Establishment.

(b)

Title, name, mailing address, and telephone contact information of the permit applicant. Applications are accepted from only the owner of the Public Food Service Establishment or the owner's authorized agent, which authorization must be in writing and notarized. The name, mailing address, and telephone contact information of the owner of the Public Food Service Establishment shall be provided if the owner is not the permit applicant.

(c)

A diagram and description of the outdoor area which is requested to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways.

(d)

The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit.

(e)

Days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area of the Public Food Service Establishment.

iv.

Public Food Service Establishments that receive a permit to allow dogs in a designated outdoor area pursuant to this subsection shall require that:

(a)

Employees wash their hands promptly after touching, petting, or otherwise handling any dog.

(b)

Employees be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the Public Food Service Establishment.

(c)

Patrons in a designated outdoor area be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating and waterless hand sanitizer be provided at all tables in the designated outdoor area.

(d)

Patrons keep their dogs under control and on a leash at all times.

(e)

Employees and patrons not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations.

(f)

Employees and patrons not allow any part of a dog to be on chairs, tables, or other furnishings.

(g)

Employees clean and sanitize all table and chair surfaces with an approved product between seating of patrons.

(h)

Employees remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table.

(i)

Employees and patrons remove all dog waste immediately and the floor or ground be immediately cleaned and sanitized with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor area.

(j)

Employees and patrons not permit dogs to be in, or to travel through, indoor or non-designated outdoor portions of the Public Food Service Establishment.

(k)

At all times while the designated outdoor portion of the Public Food Service Establishment is available to patrons and their dogs, at least one sign be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the Public Food Service Establishment, notifying patrons that the designated outdoor portion of the Public Food Service Establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height (8½ x 11) and printed in easily legible typeface of not less than twenty (20) point font size.

(l)

At least one sign reminding patrons of the applicable rules, including those contained in this part, and any permit conditions, which may be imposed by the SCHD, be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height (8½ x 11) and printed in easily legible typeface of not less than 20 point font size.

(m)

At least one sign reminding employees of the applicable rules, including those contained in this part, and any permit conditions, which may be imposed by the SCHD, be posted in a conspicuous location frequented by employees within the Public Food Service Establishment. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height (8½ x 11) and printed in easily legible typeface of not less than 20 point font size.

(n)

Ingress and egress to the designated outdoor area not require entrance into or passage through any indoor area or non-designated outdoor portions of the Public Food Service Establishment.

(o)

The Public Food Service Establishment and designated outdoor area comply with all permit conditions and the approved diagram.

(p)

Employees and patrons not allow any dog to be in the designated outdoor areas of the Public Food Service Establishment if the Public Food Service Establishment is in violation of any of the requirements of this subsection 5.3.4.o.10.

(q)

Permits be conspicuously displayed in the designated outdoor area.

A permit issued pursuant to this subsection shall expire automatically upon the sale of the Public Food Service Establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit pursuant to this subsection if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the Public Food Service Establishment. Permits shall expire on June 30 of each year.

vi.

Complaints and reporting.

(a)

Complaints may be made in writing to the SCHD. The SCHD shall accept, document, and respond to all complaints and shall timely report to the Division all complaints and the response to such complaints.

(b)

The SCHD shall provide the Division with a copy of all approved applications and permits issued.

(c)

All applications, permits, and other related materials shall contain the Division-issued license number for the Public Food Service Establishment.

vii.

It shall be unlawful to fail to comply with any of the requirements of this subsection. Each instance of a dog on the premises of a Public Food Service Establishment that does not have a valid permit authorizing dogs at the Establishment is a separate violation.

viii.

Enforcement and Penalties.

(a)

It shall be the responsibility of the SCHD to enforce the provisions of this subsection within Sarasota County.

(b)

A permit may be revoked by the SCHD if, after notice and reasonable time in which the grounds for revocation may be corrected as specified in the notice, the Public Food Service Establishment fails to comply with any condition of the permit, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this subsection. If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder.

(c)

If a Public Food Service Establishment's permit for allowing dogs at the Establishment is revoked, no new permit may be approved for the Establishment until the expiration of 180 days following the date of revocation.

(d)

Any Public Food Service Establishment that fails to comply with the requirements of this subsection shall be guilty of violating this part of the Sarasota County Zoning Code and shall be subject to any and all enforcement proceedings consistent with the Sarasota County Zoning Code and general law. Each day a violation exists shall constitute a distinct and separate offense.

Retail Sales and Service. Retail sales and service is permitted in accordance with the use table in Section 5.1, subject to the following standards and use limitations:

In the CHI District.

Only the following retail sales and service uses shall be permitted in the CHI District.

ii.

Transient accommodations establishments having 100 or more rooms may have a restaurant and bar and, in addition, shops for the retail sale of flowers, sundries, books, jewelry, gifts, art and similar items, and barber or beauty shops. Such uses must be located within the main building.

iii.

Sale of fruit, gifts or novelties, souvenir shops and similar uses catering to the traveling public; provided, all display of products shall be inside a completely enclosed building and such uses are carried on in connection with another use permitted in the district.

iv.

Convenience stores with gas pumps/gas station with mini-mart.

Retail sales of automotive parts and accessories (including installation).

vi.

Urgent care or emergency medical office.

vii.

Drugstores.

viii.

Retail sales and service uses not listed in this section are not permitted.

In the Industrial Light Warehousing District. Retail sales and service uses that are listed as Limited or Special Exception must meet one of the following criteria:

Retail sales and service uses that are accessory and incidental uses (i.e., less than 50 percent of gross square footage) in buildings that are primarily devoted to industrial, warehouse, or office uses; retail sales and service uses in excess of 20,000 gross square feet in any one building must first be approved by the Board as a Special Exception; or

ii.

As freestanding uses:

Freestanding retail sales and service uses that do not exceed 12 percent of the total nonresidential building square footage in a designated Major Employment Center (MEC) when specifically approved through a Development of Regional Impact (DRI), Critical Area Plan (CAP), Development of Critical Concern (DOCC) or Rezone, and developed with shared parking associated with a principal office, industrial, or other employment use; or

Retail sales and service uses of less than 15,000 gross square feet in areas that were zoned ILW as of January 1, 2012; uses larger than 15,000 square feet must first be approved by the Board as a Special Exception.

Riding Academy or Public Stable. A riding academy or public stable is permitted in accordance with the use table in Section 5.1, subject to the following standards:

A riding academy or public stable located outside the Urban Service Area Boundary as shown on the Future Land Use Plan Map shall be a limited use in the OUE, OUR and OUA Districts.

A riding Academy or public stable existing as of October 27, 2003, within the Urban Service Area Boundary may continue. Any expansion to such facilities or any new riding academy or public stable shall require special exception review in accordance with Section 3.16.

The minimum parcel size shall be five acres.

Any structure associated with the riding academy or public stable shall be located no closer to the property line than the district setback for principal structures.

Where such facility is located within 75 feet of any existing residence, a buffer with a minimum opacity of 0.7 in accordance with Section 7.3 shall be required along the property line.

Self-service Storage.

Properties within the S.R. 776 Corridor Plan Area may contain Self-service storage facilities subject to compliance with the S.R. 776 Corridor Plan Condition for Development Approval No. 18. (See S.R. 776 Corridor Plan.)

The rental of light or medium moving trucks may be permitted as an accessory use to a self-service storage facility on properties zoned CG subject to:

Such vehicles must be contained within a gated facility and not within 35 feet of any property boundary; and

No more than one truck per 5,000 s.f. of Self-service Storage building shall be permitted.

Sports Academy. This use is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Transient Accommodation. Transient accommodations are permitted in accordance with the use table in Section 5.1, subject to the following standards:

Establishments having more than 100 rooms may have a restaurant, and bar and, in addition, shops for the retail sale of flowers, sundries, books, jewelry, gifts, art and similar items, and barber or beauty shops. Such uses must be located inside the main building.

Uses in the CN District. Uses are permitted in the CN District in accordance with the use table in Section 5.1, subject to the following standards:

No individual use shall be greater than 20,000 square feet in gross floor area unless a special exception has been issued for such use.

The sale of alcoholic beverages for on-premises consumption shall only be permitted in establishments as follows:

Alcoholic beverages may be served in conjunction with a meal provided the establishment is operating under a valid Consumption on Premises License (1 or 2 C.O.P. Licenses) issued by the State of Florida Pursuant to F.S. § 563.02 or 564.02 or such comparable sections of the Florida Statutes which may be in force from time to time regulating the sale of alcoholic beverages under such C.O.P. license, if such establishments have a kitchen where food is prepared for on-premise consumption; or

ii.

Alcoholic beverages may be served with or without a meal provided the establishment is operating under a valid Special Restaurant License issued by the State Department of Business and Professional Regulations pursuant to Florida Administrative Code: Section 61a-3.0141 or such comparable section of the Florida Administrative Code which may be in force from time to time regulating the sale of alcoholic beverages under such special restaurant license.

A pharmacy in the CN District is permitted one drive through lane, provided the parcel is a minimum of one acre in size, fronts on an arterial or collector road and there is no order board for the drive through.

Outdoor entertainment is permitted in the CN District, provided that:

the Board approves a Special Exception for the outdoor entertainment;

ii.

the parcel is a minimum of four acres; and

iii.

no outdoor entertainment shall be located closer than 200 feet from any residential zoning district.

Vehicle Sales and Service, General.

Vehicle Service—General. A general vehicle service establishment is permitted in accordance with the use table in Section 5.1, provided that, if the establishment has more than two service bays, the service bay doors shall not be oriented toward the public right-of-way or residentially-zoned property, or shall be screened from view from the public right-of-way or residentially zoned property.

Vehicle Sales and Service—Intensive. Vehicle sale and service, and intensive vehicle services establishments are permitted in accordance with the use table in Section 5.1, subject to the following standards:

A Special Exception in the CG district:

The property shall be located within one mile of an interstate interchange;

ii.

The property shall be a minimum of 9 acres;

iii.

The property shall be located along a major arterial roadway;

iv.

Service bay doors shall not be oriented toward the public right-of-way or residentially-zoned property, or shall be screened from view from the public right-of-way or residentially zoned property.

Wilderness Camping. Wilderness camping is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Utilities including but not limited to water, septic/sewer, and electricity shall not be provided. Centralized dump station shall be provided.

Number of groups for overnight wilderness trips is two.

Group size for overnight wilderness trips is limited to 24 people. Larger groups are not permitted. Affiliated groups may not combine to form a group of more than 24 people at any time, and must camp and travel at least one-half mile apart.

Fires are permitted only in designated fire rings.

Pets, vehicles, bicycles, and other wheeled devices are not permitted on undeveloped trails, or in any undeveloped area.

Users are required to secure their food, garbage, and other scented items from wildlife 24 hours a day.

Users may not utilize a campsite for more than seven consecutive days within any 45-day period.

Within the OUA District, all camping, parking, and other structures are not permitted within 1,400 feet of Clark Road, within 500 feet of parcel boundaries and all camping within 100 feet and parking and other structures within 500 feet of any land designated as Greenway RMA on Figure RMA-1 of the Future Land Use Map Series.

Users must protect riparian areas by camping at least 200 feet from lakes, streams, and rivers.

10.

Recreational vehicles are prohibited.

11.

The facility shall be operated by a resident manager.

Automatic Car Wash Building. Automatic car wash buildings shall meet the following additional development standards when located in any nonresidential zoning district:

Entry/exit door openings shall not be open toward adjacent residential uses or zoning districts;

Car wash blowers shall be located on the side of the car wash building farthest from an adjacent residential use or zoning district;

Perimeter buffering in accordance with Section 7.3.3 shall be provided to reduce the noise level. Additionally, a minimum of 80 percent of the buffering along the adjacent residential use or zoning district shall be opaque utilizing walls and six-foot high plant material on the commercial side of the wall;

Car wash buildings shall be located at least 25 feet from the property line adjacent to any residential use or zoning district; and

Car wash blowers shall not be operational any day of the week between the hours of 10:00 p.m. and 7:00 a.m. when adjacent to a residential use or zoning district.

Special Events in Conjunction with an Approved Use. In conjunction with any permitted or principal Outdoor Recreation use, a special exception to allow special events shall be reviewed in accordance with Section 3.16. The following standards and use limitations shall be considered during the review of the special exception:

Special exceptions may be requested for properties with an approved Outdoor Recreation use provided that they are ten acres or greater in size. Parcels less than ten acres may conduct special events by obtaining a temporary use permit subject to the provisions in Section 5.5.

The special exception application shall include the general activities to be allowed under special exception, the approximate timeframe for events to be held, approximate duration of the events, and approximate number of special events per year. Any deviation from the report of activities shall be submitted to the Zoning Administrator for approval.

The potential users shall be either bona fide organizations, established community/civic organizations or organized groups of residents;

If approved, the special exception shall have an expiration date of three years from approval. An application for an extension must be submitted prior to the three-year expiration date. The extension request shall be heard at a public hearing before the Board of County Commissioners, but will not require additional fees. A report containing information on the special events shall be included in the extension application. The Board of County Commissioners may extend, modify, or deny the request for extension based on the standards in Section 3.16.6 of these zoning regulations and the history of the special exception use under the previously approved special exception.

The Board of County Commissioners may impose reasonable conditions on a special exception for special events in conjunction with an approved outdoor recreation use, including conditions providing for revocation of the special exception where the Board of County Commissioners finds that a stipulation or condition of the special exception has been violated.

Where a special event special exception has been revoked, the special exception use authorized shall thereupon cease to be a lawful use.

Each event shall be in keeping with the public safety, health, and welfare of the citizens.

A binding development concept plan will be required for the special exception. The application and concept plan must adequately address the following:

Adequate parking accommodations for the most intense potential user;

ii.

Adequate traffic circulation to accommodate the most intense potential user;

iii.

Adequate pedestrian and vehicular access to the site to provide safe passage without endangering the citizens or property;

iv.

Adequate protection of adjacent uses from any nuisance or hazardous features involved with any applicant;

All access roads thereto shall be maintained to prevent dust or debris from blowing or spreading onto adjoining properties or onto any public rights-of-way.

vi.

Provision of adequate sanitary sewer facilities, potable water and emergency first aid;

vii.

Assurance that no promotional activity shall encroach upon any right-of-way, drive aisle, or the visibility triangle; and

viii.

Proposed lighting.

Any tents utilized for a special event must obtain the necessary tent permits and approvals required by the County.

Sexually Oriented Business Uses. Sexually oriented business uses are permitted in accordance with the Use Table in Section 5.1, subject to the following standards:

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 unincorporated 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.

These uses may not be established within 500 feet of any other such regulated use.

All required 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 any public recreation area. Where a 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 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.

All of these uses shall comply with the licensing and other provisions of the Sexually Oriented Business Code, Ordinance No. 2007-100, as amended.

aa.

Upper Story Residential Uses. Upper story residential uses shall meet the following additional development standards when located in any Commercial Neighborhood (CN), Office, Professional and Institutional (OPI), Commercial General (CG), Commercial Intensive (CI), Office, Professional and Institutional/Planned District (OPI/PD) and Planned Commercial Development District (PCD):

All ground level square footage shall contain only nonresidential uses. For each level of upper story residential use, the total square footage of each residential level shall not exceed the ground level square footage of nonresidential development nor shall it exceed allowable density and height. For the purposes of this section, the calculation of the ground level square footage shall not include any ground level in-structure parking areas.

bb.

Club and Lodges. Nonconforming clubs and lodges located within the Industrial Research (IR) zoning district may be permitted to expand the existing use and/or structures with approval of a Special Exception as set forth in Section 3.16.

cc.

Pain Management Clinic Uses. Pain management clinics are permitted in accordance with the Use Table in Section 5.1, subject to the following standards:

Controlled Substances. The on-site sale, provision, or dispensing of controlled substances at a pain management clinic is prohibited except as specifically authorized by applicable federal or state law.

Loitering. The pain management clinic shall provide adequate seating for its patients and business invitees. The pain management clinic shall not direct or encourage any patient or business invitee to stand, sit (including in a parked car), or gather or loiter outside of the building where the clinic operates, including in any parking areas, sidewalks, right-of-way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. The pain management clinic shall post conspicuous signs on at least three sides of the building that no loitering is allowed on the property.

Queuing of vehicles. The pain management clinic shall ensure that there is no queuing of vehicles in the right-of-way. The pain management clinic shall take all necessary and immediate steps to ensure compliance with this paragraph.

Alcoholic Beverages. No consumption of alcoholic beverages shall be allowed on the premises, including in the parking areas, sidewalks, or right-of-way. The pain management clinic shall take all necessary and immediate steps to ensure compliance with this paragraph.

Separation Distances. Notwithstanding any language contained in Sections 5.1.2 or 5.2.4 of the Zoning Regulations, pain management clinics and pharmacies shall not be co-located on the same property.

Operating Hours. Pain management clinics shall only be allowed to operate between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 7:00 a.m. and 12:00 p.m. on Saturdays. Pain management clinics shall not operate on Sundays.

Compliance with Other Laws. All pain management clinics shall at all times be in compliance with all federal and state laws and regulations, and the Sarasota County Code, including Article XI, Chapter 62, Sarasota County Code, as amended.

Nonconformities. The requirements for separation distances as outlined in this section shall be prospective only from the effective date of this ordinance, and therefore existing clinics in Sarasota County which do not meet the separation distance requirements shall be granted nonconforming status. This nonconforming characteristics of use shall be regulated in the same manner as set forth in Section 8.6 of these Zoning Regulations. Therefore, no change shall be made by existing clinics which increases the nonconforming characteristics of use of separation distances. Notwithstanding any other provision of Section 8.6 of these Zoning Regulations, all other characteristics of use (controlled substances, loitering, queuing of vehicles, alcoholic beverages, operating hours, and compliance with other laws) shall be applicable to all existing and future pain management clinics.

dd.

Commercial Parking. Commercial Parking in the GU District is permitted in accordance with the use table in Section 5.1, subject to the following standards:

As a Limited Use. Any commercial parking when specifically approved as part of Binding Development Concept Plan and located within a Town or Village Center as designated on the future Land Use Map.

ee.

Medical Marijuana Dispensaries. Medical Marijuana Dispensaries are permitted in accordance with the Use Table in Section 5.1, subject to the following standards.

Loitering. A Medical Marijuana Dispensary shall provide adequate seating for its patients and business invitees and shall not allow patients or business invitee to stand, sit (including in a parked car), or gather or loiter outside of the building where the dispensary operates, including in any parking areas, sidewalks, right-of-way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. No consumption of Cannabis is allowed on the premises. The Medical Marijuana Dispensary shall post conspicuous signs on at least three sides of the building that no loitering is allowed on the property.

No drive through service. No Medical Marijuana Dispensary shall have a drive through or drive in service aisle. All dispensing, payment for and receipt of products shall occur from inside the Medical Marijuana Dispensary.

No Queuing or Stacking of Motor Vehicles. A Medical Marijuana Dispensary shall ensure that there is no queuing or stacking of motor vehicles in any right-of-way.

Alcoholic Beverages. No consumption of alcoholic beverages shall be allowed on the premises, including in the parking areas, sidewalks, or right-of-way. The owner or tenant shall take all necessary and immediate steps to ensure compliance with this paragraph.

Separation Distances. Notwithstanding any language contained in Sections 5.1.2 or 5.2.4 of the Zoning Regulations, Medical Marijuana Dispensaries shall not be co-located on the same property with any medical office, pain management clinic, pharmacy, or other medical marijuana dispensary. Medical Marijuana Dispensaries shall be kept a minimum of 500 feet from any Medical Marijuana Research and Processing Use, pre-existing school, house of worship, day care facility, public park, or public beach. All distance requirements shall be measured by drawing a straight line from the nearest property line of the pre-existing protected use to the nearest property line of the proposed Medical Marijuana Dispensary.

Operating Hours. Medical Marijuana Dispensaries shall only be allowed to operate between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 7 a.m. and 12:00 p.m. on Saturdays. Medical Marijuana Dispensaries shall not operate on Sundays.

Other Activities. Other than dispensing of Cannabis as permitted herein no Medical Marijuana Dispensary shall sell, market, dispense, provide, exchange, or otherwise vend any other services; product; or drug paraphernalia as defined by federal or state law or this Code.

Alarm Systems. Each Medical Marijuana Dispensary shall be equipped with an alarm system that complies with the provisions of Chapter 50, Emergency Services, of the Sarasota County Code governing alarm systems.

Compliance with Other Laws. All Medical Marijuana Dispensaries shall at all times be in compliance with all federal and state laws and regulations, and the Sarasota County Code.

10.

Non-medical marijuana sales are prohibited in all zoning districts.

11.

Notwithstanding any other provisions of the Zoning Regulations, Personal Caregivers may deliver or dispense Cannabis for Medical Use to a Qualifying Patient at an Adult Day Care, Extended Care Facility, hospital, Assisted Living Facility, or Nursing Home.

12.

5.3.5.

Industrial Use Standards.

Asphalt Processing and Manufacture, Concrete Batch Plant. An asphalt processing and manufacture or concrete batch plant is permitted in accordance with the use table in Section 5.1, subject to the following standards:

In All Districts. No noise, dust or fumes from said operation shall be discernable at or beyond the property line and the operation shall meet the air pollution control standards as contained in Chapter 54, Article V, Sarasota County Code.

As a Special Exception Use.

Asphalt processing and manufacture is permitted subject to the following standards:

(a)

The facility shall only be operated on the same site as a permitted borrow pit operation.

(b)

Asphalt processing and manufacturing facilities shall be located at least one-half mile from any residence or platted residential subdivision.

(c)

Sand and shell processing facilities shall be present on the site.

ii.

When an earthmoving permit/borrow pit permit expires, the asphalt plant shall cease to operate.

Recycling Facility (Including Stockpiling). A recycling facility is permitted in accordance with the use table in Section 5.1, subject to the following standards:

Recycling and stockpiling of Types B, C and D fill (including recyclable construction and demolition debris but not garbage) in accordance with Chapter 54, Article XII, of the Sarasota County Code, and in accordance with the following standards:

The site shall be used for Stockpile Type B and/or C fill, and/or recyclable construction and demolition debris only (a component of Type D fill), excluding incinerators.

ii.

The parcel shall be located within an area designated Rural or Future Urban/Rural on the Future Land Use Plan Map of the Sarasota County Comprehensive Plan.

iii.

The minimum parcel size shall be 35 acres.

iv.

Recycling equipment shall not be located within 500 feet of the boundaries of the property or within 200 feet of any watercourse, waterbody, or wetland.

Any stockpile shall not be located within 100 feet of the boundaries of the property or within 200 feet of any watercourse, waterbody, or wet-wetland.

vi.

As part of the site and development review, the following issues shall be addressed:

(a)

Height of stockpiles;

(b)

Fencing of processing, storage and shipping areas;

(c)

Lighting;

(d)

Noise;

(e)

Hours of operation;

(f)

Traffic impacts;

(g)

Litter control; and

(h)

Dust and emission control.

In the IR and ILW Districts only, recycling and stockpiling of recyclable materials, (excluding Type B, C and Recyclable D fill), including aluminum cans, corrugated cardboard, glass, high grade and other mixed paper, newspaper, polystyrene, recyclable plastics and steel cans as those items are defined by Chapter 106 of the Sarasota County Code. The recycling and stockpiling use shall be developed in accordance with the following standards:

The minimum parcel size shall be ten acres, excluding wetlands, watercourses and waterbodies, unless demonstrated at the time of special exception that a lesser parcel size is adequate in shape and size to accommodate the scale of the proposed facility and the amount of materials to be processed;

ii.

Recycling of Type B, C and Recyclable D fill is not allowed, unless the parcel is (1) larger than 15 acres, excluding wetlands, watercourses, and waterbodies, (2) zoned IR or ILW, (3) within a designated Major Employment Center (MEC), (4) within the Urban Service Boundary, and (5) at least 1,000 feet from any residentially zoned properties;

iii.

Recycling equipment shall not be located within 200 feet of the boundaries of the property for which the use is proposed and processing shall occur in a completely enclosed building;

iv.

Stockpiles shall not be located within 75 feet of any nonindustrially zoned property for which the use is proposed;

Stockpiles or recycling equipment shall not be located within 200 feet of any watercourse, waterbody, or wetland; and

vi.

As part of the special exception petition, the following issues shall be addressed:

(a)

Height of stockpiles;

(b)

Fencing of processing, storage and shipping areas;

(c)

Lighting;

(d)

Noise;

(e)

Hours of operation;

(f)

Traffic impacts;

(g)

Litter control; and

(h)

Whether recycling and processing may occur outside of an enclosed building.

The stockpiling of sand and gravel is prohibited within the Agricultural Reserve RMA, as described and depicted in the Sarasota County Comprehensive Plan, Figure RMA-1, Resource Management Area Map.

Slaughterhouse. A slaughterhouse for livestock permitted in accordance with the use table of Section 5.1, provided that no structure shall be located within 500 feet of any residentially-zoned property.

Composting Facility.

Within the OUA District, parking, storage, structures, and other facilities are not permitted within 1,400 feet of Clark Road, within 500 feet of parcel boundaries and within 500 feet of any land designated as Greenway RMA on Figure RMA-1 of the Future Land Use Map Series.

Effective barriers to unauthorized entry and dumping shall be provided (such as fences, gates and locks).

Crematoriums. Crematoriums are limited to the operation of human and/or animal crematories in conjunction with State of Florida regulated cemeteries (F.S. ch. 497, as amended). The crematorium shall be located a minimum of 175 feet from the property line of the cemetery.

Medical Marijuana Research and/or Processing. Medical Marijuana Research and/or Processing is permitted in accordance with the Use Table in Section 5.1, subject to the following standards:

Loitering. A Medical Marijuana Research and Processing use shall not allow business invitees to stand, sit (including in a parked car), or gather or loiter outside of the building where the plant operates, including in any parking areas, sidewalks, right-of-way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. No consumption of Cannabis is allowed on the premises. The Medical Marijuana Research and Processing plant shall post conspicuous signs on at least three sides of the building that no loitering is allowed on the property.

Separation Distances. Notwithstanding any language contained in Sections 5.1.2 or 5.2.4 of the Zoning Regulations, Medical Marijuana Research and/or Processing use shall not be co-located on the same property with any medical office, pain management clinic, pharmacy, or other medical marijuana research or processing plant. Medical Marijuana Research and/or Processing use shall be kept a minimum of 500 feet from any Medical Marijuana Dispensary, pre-existing school, house of worship, day care facility, public park, or public beach. All distance requirements shall be measured by drawing a straight line from the nearest property line of the pre-existing protected use to the nearest property line of the proposed Medical Marijuana Research and/or Processing use.

Operating Hours. Medical Marijuana Research and/or Processing use shall only be allowed to operate between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 7 a.m. and 12:00 p.m. on Saturdays, and shall not operate on Sundays.

Alarm Systems. Each Medical Marijuana Research and/or Processing use shall have any buildings equipped with an alarm system that complies with the provisions of Chapter 50, Emergency Services, of the Sarasota County Code governing alarm systems.

Compliance with Other Laws. All Medical Marijuana Research and/or Processing uses shall at all times be in compliance with all federal and state laws and regulations, and the Sarasota County Code.

(Ord. No. 2004-060, §§ 6—12, 7-28-2004; Ord. No. 2004-054, § 26, 10-27-2004; Ord. No. 2006-047, § 3, 8-23-2006; Ord. No. 2006-048, § 4, 9-12-2006; Ord. No. 2007-029, § 4, 4-10-2007; Ord. No. 2007-041, §§ 1, 3, 5-8-2007; Ord. No. 2007-101, § 4, 6-10-2007; Ord. No. 2008-005, § 13, 12-9-2008; Ord. No. 2008-118, § 3, 12-9-2008; Ord. No. 2008-127, § 4, 1-14-2009; Ord. No. 2009-036, § 3, 6-30-2009; Ord. No. 2011-015, § 3, 6-7-2011; Ord. No. 2011-021, § 3, 6-7-2011; Ord. No. 2011-035, § 4, 11-9-2011; Ord. No. 2011-055, § 2, 9-27-2011; Ord. No. 2012-035, § 4, 10-23-2012; Ord. No. 2013-039, § 3, 3-4-2014; Ord. No. 2014-044, § 3, 6-10-2014; Ord. No. 2014-066, §§ 5—7, 11-4-2014; Ord. No. 2014-065, § 2, 12-10-2014; Ord. No. 2015-050, § 3, 9-22-2015; Ord. No. 2015-056, § 3, 10-28-2015; Ord. No. 2015-058, § 3, 10-13-2015; Ord. No. 2015-068, § 4, 1-12-2016; Ord. No. 2016-044, § 2, 10-10-2016; Ord. No. 2016-082, § 2, 12-14-2016; Ord. No. 2016-081, § 4, 2-28-2017; 2017-008, § 2, 5-9-2017; Ord. No. 2017-020, § 2, 7-12-2017; Ord. No. 2017-029, § 3, 7-12-2017)

                    
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