A.

Conservation District (CON). The CON District is intended to preserve and protect large areas of open space, vegetative habitat, natural drainage systems, aquifer recharge areas, soils, and wildlife habitats located on public property or on privately-held lands as desired by the property owner. Conservation lands are intended primarily for the purpose of preserving natural resources.

All commercial agricultural operations within CON Districts must possess approved Conservation Plans consistent with the Comprehensive Plan, and incorporate site specific best management practices approved by the county and applied by the applicant.

B.

Recreation/Open Space (R/OS). The R/OS District is intended to recognize areas with significant recreation and permanent open space lands, historic sites, and other areas for the preservation of cultural and recreational amenities.

C.

General Agriculture District (A). The A District is intended to preserve agricultural lands, promote general agricultural economic activity, and allow for the co-existence of other uses generally consistent with agricultural activities. In addition, it is intended that agricultural areas be protected from the encroachment of incompatible uses and that development be guided within the district.

D.

Agricultural Suburban District (A-1). The purpose of this district is to permit short-term agricultural and related uses and to provide for areas transitioning from rural to suburban character.

E.

Village Districts (Myakka City, Parrish, Rubonia) (VIL). The village districts are established to conserve the distinctive rural village character of rural communities where conventional urban zoning would be inconsistent with established patterns of land use and to ensure that new uses which might be located in these areas can be harmoniously incorporated into their surroundings.

F.

Residential Single Family Districts (RSF-1, RSF-2, RSF-3, RSF-4.5, RSF-6 and RSF-9). The purpose of these districts is to provide for residences in a suburban environment at low to medium densities, to accommodate residential support uses (as defined in Chapter 2) and other limited non-residential uses, and to protect these areas from the encroachment of incompatible uses.

G.

Residential Single Family Mobile Home Districts (RSMH-4.5 and RSMH-6). The RSMH districts are intended to accommodate mobile home parks and subdivisions in a suburban residential environment. The minimum size to establish this district shall be twenty (20) acres.

H.

Residential Duplex Districts (RDD-3, RDD-4.5, RDD-6). The purpose of this district is to provide for medium density residential uses, including single-family and duplex development, and to accommodate residential support uses and other limited non-residential uses.

I.

Residential-Multi-Family Districts (RMF-6, RMF-9, RMF-12 and RMF-16). The purpose of these districts is to provide areas for multiple family dwelling units at medium to high densities at appropriate locations. In addition, the districts are intended to accommodate complementary residential support uses (as defined in Chapter 2) and limited non-residential uses.

J.

Professional Small and Medium Office Districts (PR-S and PR-M). The PR districts are designed to provide for office development on a small (PR-S) and medium (PR-M) scale to serve nearby residential neighborhoods. Therefore, this district shall only be applied at appropriate locations to serve the needs of such neighborhoods. The PR-M district may also facilitate mixed-use, including attached dwellings, multi-family residential and office, within Urban Corridors and activity nodes.

K.

Neighborhood Commercial Small and Medium Districts (NC-S and NC-M). The purpose of these districts is to provide for limited retail uses, personal services and offices in free-standing parcels or small shopping centers to serve residential neighborhoods. This district shall only be applied at appropriate locations to supply the daily retail and service needs of such neighborhoods. These districts may also facilitate mixed-use, including attached dwellings and multi-family residential, within Urban Corridors and activity nodes.

L.

Mixed-Use District (MX). The purpose of the MX district is to accommodate regional-serving commercial uses, allowing and encouraging (but not requiring) the horizontal or vertical mix of such uses with residential.

M.

General Commercial District (GC). The purpose of this district is to provide for a variety of retail use and services in free-standing parcels or shopping centers to serve the community's general commercial needs. This district may also facilitate attached dwellings, multifamily residential, and mixed-use (including multi-family residential).

N.

Heavy Commercial District (HC). The purpose of this district is to provide areas for intense commercial activities permitting commercial and service uses which have greater external effects such as noise, traffic, vibration, outdoor storage and other such impacts than those permitted in less intensive districts.

O.

Recreational Vehicle Park District (RVP). The RVP district is established to provide for development of recreational vehicle parks intended for overnight or limited stay occupancy, consistent with the Comprehensive Plan classification of these uses as non-residential.

P.

Light Manufacturing District (LM). The purpose of this district is to provide areas for light manufacturing, processing or assembling uses, intensive commercial uses and other light industrial uses in appropriate areas of county.

Q.

Heavy Manufacturing District (HM). The purpose of this district is to provide for areas of intensive manufacturing and industrial uses in appropriate areas of the county that are capable of supporting such uses.

R.

Extraction District (EX). The EX District is established to provide for areas in which mining, beneficiation, and other closely related activities may be conducted in a manner that will not interfere with surrounding land uses and the general character of the area. The district is intended to ensure the orderly extraction of mineral resources in a manner compatible with the overall development of the county; assure the use of best management practices and developing technology for maximum control of potential adverse environmental impacts, ensure that mining activity and reclamation will be conducted in such a manner as not to preclude future normal uses of mined-out land; and permit the beneficial use of such lands consistent.

S.

Master Planned Institutional District (MP-I). The MP-I District is established to provide for areas for institutional uses such as churches, schools, medical facilities, or other similar uses with multiple buildings and/or facilities in a campus setting. The district is designed to allow for future expansions and eventual build-out of master planned campuses while ensuring compatibility with adjacent land uses. In addition, this district shall allow for vertical integration of structures and a compact form of development in a village setting. This zoning district shall not be construed to grant entitlements to any property approved for an institution master plan in excess of any statutorily prescribed threshold for a development-of-regional-impact review under applicable state law. The permissible uses within the MP-I District shall be limited to those uses authorized pursuant to Table 4-3.

(Ord. No. 16-06, § 3(Exh. A-3), 11-15-16; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 23-09, § 3(Exh A), 4-27-23)

Except as specifically provided in this Code, regulations governing the use of land, water and structures within the various districts in the unincorporated portion of Manatee County shall be as shown in Table 4-2 for agriculture and residential districts and Table 4-3 for non-residential districts.

Uses of land or structures not expressly listed in the schedule of uses as Permitted or Special Permit Uses are prohibited and shall not be established in that district. Uses listed as Permitted (P) or Special Permit (SP) uses, or subject to additional standards (section number listed in table), may be established in that district only after approval of an application in accord with the procedures and requirements in Chapter 3. Notwithstanding the development review requirements (P or SP) noted in Tables 4-2 and 4-3, the Comprehensive Plan or other sections of this LDC may require a rezone to Planned Development.

Whenever there is any uncertainty as to the classification of a use, the Department Director shall determine the classification, if any, within which the use falls, based on its characteristics and similarity to other uses in the district. If a use has characteristics similar to more than one (1) classification, the use shall be construed as the classification having the most similar characteristics. In the event that a particular use is determined not to be within an allowed defined use, then the particular use shall be prohibited.

Mixed-use developments may only include uses that are specifically allowed in the applicable zoning district. If any use in a proposed mixed-use development requires SP approval, the entire mixed-use site must be reviewed under the SP process.

Table 4-2: Uses in Agriculture and Residential Districts

P = Permitted (see Section 315); SP = Special Permit (see Section 316); P/SP = Special Permit required as specified in Chapter 5 or elsewhere in this Code; X = Not Permitted.

¹ The code on the left applies to lands outside the Urban Corridors; the code on the right applies to lands within an Urban Corridor and subject to meeting the requirements of Section 902, e.g., X/P means the use is not permitted on lands outside an urban corridor, but is permitted on lands within an urban corridor.

² Acute medical facilities are not allowed within the Coastal Evacuation Area, as defined in this Code and the Comprehensive Plan.

³ FSEDs are required to be located within the Retail/Office/Residential (ROR) or the Mixed Use (MU) Future Land Use Categories.

TABLE NOTES:

• Uses may be further restricted or modified by the overlay district regulations and the Commercial Locational Criteria contained in the Future Land Use Element of the Comprehensive Plan.

• Waterfront structures shall meet the use and dimensional standards contained in Section 402.14, PDW—Planned Development Waterfront, but may not necessarily require a rezone to PD.

(Ord. No. 16-06, § 3(Exh. A-3), 11-15-16; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 17-30, § 4(Exh. B), 9-7-17; Ord. No. 18-22, § 3(Exh. A-2), 6-7-18; Ord. No. 18-18, § 3(Exh. A-2), 8-23-18; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 20-05, § 3(Exh. A-2), 6-4-20; Ord. No. 21-11, § 3(Exh. 2), 8-21-21/Amd. 10-12-21; Ord. No. 23-09, § 3(Exh A), 4-27-23; Ord. No. 24-07, § 3(Exh. A), 5-2-24; Ord. No. 25-11, § 3(Exh. A), 2-6-25)

Editor's note— See the editor's note to Table 4-1.

Table 4-3: Uses in Non-Residential Districts

P = Permitted (see Section 315); SP = Special Permit (see Section 316); P = Permitted; X = Not Permitted; P/SP = Special Permit required as specified in Chapter 5 or elsewhere in this Code.

¹ Acute medical facilities are not allowed within the Coastal Evacuation Area, as defined in the Comprehensive Plan.

² The code on the right applies to sites along a designated Urban Corridor and subject to meeting the requirements of Section 902, e.g., X/P means the use is not permitted on lands outside an urban corridor, but is permitted on lands within an urban corridor. The code on the right also applies to sites that meet the Commercial Locational Criteria (see Comprehensive Plan) and are developed with a mix of residential and commercial uses. The commercial component shall encompass one thousand five hundred (1,500) square feet or twenty-five (25) percent of the building ground floor, whichever is greater.

³ Allowed only in conjunction with, and subordinate to, an office or industrial park.

⁴ FSEDs are required to be located within the Retail/Office/Residential (ROR) or the Mixed Use (MU) Future Land Use Categories.

NOTES:

• Uses may be further restricted or modified by the overlay district regulations and the Commercial Locational Criteria contained in the Comprehensive Plan.

• Waterfront structures shall meet the use and dimensional standards contained in Section 402.14, PDW—Planned Development Waterfront, but may not necessarily require a rezone to PD.

(Ord. No. 16-06, § 3(Exh. A-3), 11-15-16; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 17-30, § 4(Exh. B), 9-7-17; Ord. No. 17-47, § 3(Exh. A-2), 9-7-17; Ord. No. 18-22, § 3(Exh. A-2), 6-7-18; Ord. No. 18-18, § 3(Exh. A-2), 8-23-18; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 20-05, § 3(Exh. A-2), 6-4-20; Ord. No. 23-62, § 3(Exh. A), 5-24-23; Ord. No. 24-07, § 3(Exh. A), 5-2-24; Ord. No. 25-11, § 3(Exh. A), 2-6-25)

Editor's note— See the editor's note to Table 4-1.

In order to carry out the purposes, intent and provisions of this Code, bulk and dimensional regulations for particular zoning districts are hereby established. Except as may be qualified by the provisions of this Code, no structure or part thereof, shall hereafter be built or moved on a lot which does not meet all of the minimum bulk and dimensional regulations for the zoning district in which the structure is located; and except as may be qualified by the provisions of this Code, no structure shall hereafter be used, occupied or arranged for use on a lot which does not meet all of the minimum bulk and dimensional regulations for the zoning district in which such structure is located.

A.

Maximum Density.

In no instance shall the maximum density specified for a given zoning district be exceeded in the approval of any application for development, except where bonuses are permitted pursuant to the Housing Program (Chapter 5), within Activity Nodes, and within Urban Corridors.

For residential zones, maximum density shall be expressed in number of dwelling units per gross residential acre. In the determination of the maximum number of units to be allowed on a lot, the permitted number shall be made proportional to any fraction of the acreage that is part of the lot.

No more than one (1) single-family dwelling unit shall hereafter be erected on any one (1) single-family lot, nor shall a dwelling unit be located on the same lot with any principal building, unless such dwelling unit is permitted as an accessory use to such principal building. Detached residential units on one (1) parcel and under common ownership shall be considered multi-family. All standards of the appropriate multi-family or planned development zoning district and future land use category shall be met.

B.

Maximum Density/Intensity for Mixed-Use.

1.

Horizontal Mixed-Use. The density and intensity of horizontal mixed-use developments shall be calculated as follows:

a.

Density. The number of residential dwelling units or equivalent residential units contained within the mixed-use project shall be divided by the gross or net (as applicable) residential acreage of the development site (not including the non-residential acreage). Along designated Urban Corridors and Activity Nodes, the number of residential dwelling units shall be divided by total gross acreage of the entire development site (including residential and non-residential). The resulting density shall not exceed the maximum permitted in the district.

b.

Intensity. The gross square footage of the non-residential buildings (all floors, but not including interior parking, loading, or heights of less than six (6) feet) shall be divided by the total gross or net (as applicable) non-residential acreage of the development site. Along designated Urban Corridors and Activity Nodes, the gross square footage of the non-residential buildings shall be divided by the total gross acreage of the entire development site (including residential and non-residential). The resulting FAR shall not exceed the maximum permitted in the district.

The following graphic shows how to measure horizontal mixed-use gross density and intensity within and outside urban corridors. It assumes the same development site size (one (1) acre) and the same development program (ten thousand (10,000) square feet of non-residential use and twenty (20) dwelling units).

2.

Vertical Mixed Use. The density and intensity of vertical mixed-use developments shall be calculated as follows:

a.

Density. The total number of residential dwelling units or equivalent residential units contained within the mixed-use project shall be divided by the gross or net (as applicable) acreage of the entire development site. The resulting density shall not exceed the maximum permitted in the district.

b.

Intensity. The gross non-residential building floor area shall be divided by the total gross acreage of the entire development site. The resulting FAR shall not exceed the maximum permitted in the district.

The following graphic shows how to measure vertical mixed-use gross density and intensity. It assumes a development site size of one (1) acre and a development program of ten thousand (10,000) square feet of non-residential use and twenty (20) dwelling units.

C.

Lot Size Requirements.

1.

Generally. Except as may be qualified by the provisions of the Code, including Section 107.8, Nonconforming Lots, no structure or part thereof shall hereafter be used, occupied or arranged for use on a lot which does not meet all the minimum lot size requirements presented for the zoning district in which such structure or land is located.

2.

Reduction of Lot Size or Yards; Subdivision. No existing lot or yard shall be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation and purchase. New lots or yards shall meet the minimum requirements established herein. Only a lot that exceeds the minimum provisions of this Code may be subdivided to create more lots, and only then where the resultant lots shall themselves meet such minimum provisions; however, this limitation shall not bar the replat of lots for the alteration of dimensions or boundary locations where each lot conforms to the zoning requirements and the total number of lots is not increased.

3.

Waterfront Lots and Inclusion of Wetlands. No land below a shoreline, or part of a wetland shall be considered part of a lot for the purpose of determining compliance with the required minimum lot area or size under this Code, nor shall such land be part of any required yard; except that twenty (20) percent of the required minimum lot area or size in the A land use district that is outside of the CH Overlay District, may include wetlands. For lots in the A district created before November 16, 1998, a minimum of one (1) acre of the required lot area shall be upland, if consistent with the Comprehensive Plan.

4.

Minimum Front Lot Line. Every lot shall have a front lot line which is at least eighty (80) percent of the minimum required lot width, except flag lots, existing duplexes which are split into two (2) single-family semi-detached units as referenced below, lots with curvilinear street lines or which front on a cul-de-sac or a curve in a street, where the radius of the arc of such street line, cul-de-sac, or curve is seventy (70) feet or less, may have a front lot line not less than sixty (60) percent of the minimum lot width, or forty (40) feet, whichever is less.

5.

Operation Face Lift Area. Any existing duplex in the Operation Face Lift area, defined as 53rd Avenue East to the north, 63rd Avenue East to the south, 1st Street to the west and 15th Street East to the east, where the side of the duplex faces the street (and therefore the rear unit does not have frontage on any street), may be split into two (2) single-family semi-detached lots, without the required minimum front lot line, provided that: (1) the rear semi-detached unit is granted a non-exclusive ingress/egress, utility and drainage easement from the attached lot which fronts on the street; (2) an appropriate party wall agreement is provided; and (3) the common wall meets all Florida Building Code requirements. If the parking for the rear lot is located on the front parcel, additionally, a parking easement shall be required to be granted to the rear lot.

D.

Maximum Building Height.

1.

Generally. Maximum building height, where specified, shall apply to all structures located in the zoning district, except those structures and appurtenances excluded below or specifically provided elsewhere in this Code.

2.

General Height Exclusions. The height limitations of this Code shall not apply to barns, agricultural silos, residential chimneys, spires, cupolas, gables, scenery lofts, domes, birdhouses, flues, religious symbols, monuments, water towers, water tanks, smokestacks, flag poles or other similar roof structures and mechanical appurtenances; or any similar structure approved by the Department Director provided, however:

a.

No such structure, when located on a building roof, shall occupy an area greater than ten (10) percent of the total roof area.

b.

No such structure shall be used for any purpose other than a use incidental to the main use of any principal building.

c.

No such structure over thirty-five (35) feet in height shall be located nearer to a lot line less than a distance equal to its height, except for public or private utility facilities/use. Structures which are self-collapsing within the lot lines, without impacting overhead utility lines, are exempt from this requirement. All structures shall maintain appropriate clearance from overhead electrical conductors in accordance with applicable codes and regulations.

d.

No such accessory freestanding structure shall be located except in strict accordance with the provisions of Chapter 5, Part II, Accessory Uses and Structures.

e.

A parapet wall, cornice, or similar projection may exceed the height limit established for a given zoning district by not more than four (4) feet, but such projection shall not extend more than four (4) feet above the roof level of the building of which it is a part.

3.

Telecommunication Height Exclusions. The district height limitations of this Code shall not apply to telecommunications towers, antennas, or facilities which are a principal use. Telecommunication towers and antennas shall comply with Section 531.37.

4.

Height Limitation in the Vicinity of Airports. See Section 403.2, Airport Impact Overlay District.

5.

Building Height. When building height is stated in stories in this Code, each story shall be measured as the clear height from finished floor to finished ceiling (see Figure 4-1).

a.

Ground floor height for all non-residential and vertical mixed-use uses shall be a minimum of twelve (12) feet. Upper floors shall have a minimum floor height of eight (8) feet.

b.

All residential buildings shall have a minimum floor height of eight (8) feet (all floors).

c.

Whenever a ground floor level exceeds twenty (20) feet in height, each height of twelve (12) feet or portion thereof shall be construed to be one (1) story (see Figure 4-2).

d.

Whenever a floor other than a ground floor exceeds fourteen (14) feet in height, each height of fourteen (14) feet or portion thereof shall be construed to be one (1) story.

e.

Mezzanines extending beyond thirty-three (33) percent of the floor area shall be counted as an additional story.

f.

Parking garages are exempt from the floor height requirements.

E.

Required Yards.

1.

Generally. Required yards shall be as specified for a given zoning district. The required yards shall apply to all buildings and structures as they relate to the lot lines, except as otherwise specifically provided in this Code or as exempted below.

2.

Exempt Structures. The following structures shall be exempt from the required yards set forth in this Code, provided however that these exemptions shall not permit encroachment into the visibility triangle: residential air conditioning units, residential electrical generators, telephone booths and pedestals, underground and overhead utility equipment, U.S. Post Office authorized mail boxes, bus shelters and bus benches, public bicycle shelters, backflow preventers, or any similar structure or device as determined by the Department Director (see also Chapter 5, Part II, Accessory Uses and Structures, and subsection E, Yard Encroachments, below).

3.

Lots within Development Site. Individual lots within any office, commercial or industrial project may share a common wall when approved under a unified preliminary or Site Development plan for the entire project. Side yard setbacks will not be required for contiguous units within shopping centers if a common wall agreement is included within the recorded deeds. Projects approved under this section shall be considered as one premises, regardless of ownership.

4.

Corner Lots—Required Yards. Corner lots shall be provided a front yard on each street frontage. Remaining yards shall be provided as side yards.

5.

Through Lots—Required Yards. Front yards shall be provided on all street frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Department Director may substitute a special required yard which shall not exceed the average of the yards provided on the two (2) adjacent lots.

6.

Reverse Frontage Lots—Required Yards. Notwithstanding any other provision of this Code, on any lot designed to have reverse frontage along a major thoroughfare, the minimum required front yard, as set forth for a given zoning district, shall be deemed to apply to that yard in front of the principal entrance or containing the approach to the principal building occupying the lot. The opposing yard shall be deemed to be the rear yard and shall be subject to the requirements set forth for such yards (see also Section 800.8.D, Double and Reverse Frontage Lots).

7.

Side Yard Reductions. Notwithstanding any other provision of this Code, any legally existing lot of record within the Urban Core area, as identified in the Comprehensive Plan, having lot widths of fifty-five (55) feet or less, and which do not share continuous frontage with an adjoining vacant lot in the same ownership shall be permitted to reduce the minimum side yard setback to five (5) feet.

8.

Yards Adjacent to Agricultural Operations. Lots adjacent to active agricultural operations involving citrus groves, orchards, field crops, cattle/pasture land, or truck farming, all yards contiguous to such operations shall be at least thirty-five (35) feet greater than otherwise required by this Code, unless separated from such agricultural operations by a street or other designated open space at least thirty-five (35) feet in width.

9.

Waterfront Yards. The required waterfront yard in any district shall not be less than thirty (30) feet regardless of whether front, side, rear or other yard is involved. On platted lots of record, the required waterfront yard shall not be less than twenty-five (25) feet. This required waterfront setback shall apply to lots adjacent to Waters of the State or waterbodies owned by a community or homeowners association, as well as perennial lakes and streams. Water owned entirely by one (1) person and completely contained within the parcel, is exempt from this requirement unless otherwise provided for in this Code. Commercial Fish Houses in the Cortez Fishing Village Overlay District shall be exempt from all waterfront setback requirements.

10.

Residential Cluster Development. See Sections 800.11 and 800.12.

11.

Setback from Wetland Buffer. When a wetland buffer is required or designated pursuant to this Code, a fifteen (15) foot setback shall be required between the upland edge of the buffer and adjacent structures. Yard encroachments that are otherwise allowed by this Code shall be allowed to encroach in the same manner into this setback. The Department Director may approve a reduction of this setback if the applicant can demonstrate that the proposed reduction will not impact the adjacent wetland buffer.

F.

Yard Encroachments. Every part of a required yard shall be open and unobstructed from thirty (30) inches above the finished grade of a lot upward, except as hereinafter provided or as otherwise permitted in this Code. Structures less than thirty (30) inches in height above final grade are not considered yard encroachments, except in drainage swales and easements, where no encroachments are permitted, except as described in paragraph 6 below. No structure shall be built or erected which would require railings or construction to encroach or extend upward above thirty (30) inches above the finished grade, except as provided under paragraph 1, below. No structure shall be built or finish grade to be constructed or altered which will cause stormwater to flow onto adjacent property. In those developments where the required yards are determined by a specified distance between buildings, this regulation shall likewise apply and the midpoint of the shortest line that can be drawn between the two (2) buildings shall be employed as the lot line.

1.

Cornices and Similar Features. Cornices, awnings, eaves, gutters or other similar features shall be at least eight (8) feet above finish grade and may extend three (3) feet into any required yard or yard setback, but not nearer to any lot line than a distance of five (5) feet, with the exception of development in Urban Corridors meeting the standards of Section 902. Such features may encroach a maximum of eighteen (18) inches into an easement. The Department Director may approve encroachments of cornices and similar features closer to the property line than five (5) feet after making a finding that the encroachment will have no negative effect, specifically on the stormwater management plan for the property. In no case may the County Administrator approve an encroachment closer than four (4) feet to the property line.

2.

Sills, Leaders, and Belt Courses. Sills, leaders, belt courses and similar ornamental features may extend twelve (12) inches into any required yard.

3.

Fences and Hedges. Fences and hedges are permitted in required yards, subject to the provisions of Chapter 5, Part II, Accessory Uses and Structures, and the provisions of the Whitfield Residential Overlay District and the Cortez Fishing Village Overlay District.

4.

Balconies, Chimneys, Bay Windows, etc. Bay windows, oriels, balconies and chimneys not more than ten (10) feet in width may extend three (3) feet into any required front or side yard; ten (10) feet into any required rear yard; but not nearer to any side lot line than a distance of five (5) feet nor to any rear lot line than a distance of fifteen (15) feet. A mobile home may have one (1) bay window that encroaches no more than one (1) foot into any required yard, but not nearer to any lot line than four (4) feet. See Section 902 for standards within the Urban Corridors.

5.

Outside Stairways. An outside stairway, unenclosed above and below the steps thereof, may extend four (4) feet into any required side or rear yard, but not nearer to any side lot line than a distance of ten (10) feet. Stairways for Accessory Dwelling Units shall not encroach into the zoning district's standard setbacks or be located on the rear of the ADU.

6.

Easement Encroachments. Minor encroachments into side or rear yard drainage and/or utility easements for air conditioning and pool equipment may be permitted, provided that all of the following conditions are met:

a.

A determination is made by the Department Director that the drainage function of the easement will not be impeded;

b.

Property Owner must agree to remove the encroachment at his/her expense should Manatee County and/or the easement holder deem that the encroachment poses a conflict to their use of the easement. Additionally, the Property Owner shall record an agreement to release and Hold Harmless the easement holder prior to Certificate of Occupancy;

c.

If the encroachment requires the relocation of an existing utility, permission from the respective utility shall be obtained prior to its relocation;

d.

The functionality of the easement shall not be compromised; and

e.

No encroachment shall be permitted within a Conservation Easement.

G.

Open Space Requirements. The open space requirements presented for a given zoning district shall be considered as a minimum, and such open space shall be located on the same site or lot as the primary use or structure, except as specifically provided otherwise in this Code. Open space requirements shall be expressed as a percentage of the gross area of the lot. No part of the required open space in any development shall be subsequently reduced below the minimum requirements of this Code, nor be utilized in any manner contrary to the provisions of this Code.

H.

Minimum Floor Elevation. The minimum lowest floor elevation for structures in the one hundred (100) year floodplain shall be in accordance with the requirements of this section, in addition to Section 801, Stormwater Management, the Floodplain Management Ordinance, and the Manatee County Building Code.

I.

Multiple Uses on a Site. When a mix of uses is proposed within a single site, the bulk and dimensional requirements for all uses shall be met. If there is a conflict, the most restrictive provisions shall apply.

(Ord. No. 15-29, § 3(Exh. A), 12-3-15; Ord. No. 16-06, § 3(Exh. A-3), 11-15-16; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 20-12, § 3(Exh. 4), 9-3-20/Amd. 11-10-20; Ord. No. 21-11, § 3(Exh. 2), 8-21-21/Amd. 10-12-21; Ord. No. 23-15, § 3(Exh. A), 2-16-23; Ord. No. 23-18, § 3(Exh. A), 2-16-23)

Except as specifically provided in this Code, regulations governing the minimum lot size, required yards, permitted floor area ratio, permitted height of structures, required open space and related matters for the standard districts shall be as shown in Tables 4-4 through 4-9. More specific standards for certain uses are listed in Chapter 5.

Table 4-10 is only applicable to sites located along an urban corridor as defined in Chapter 2, and meeting the standards listed in Section 902. Such developments are not subject to any of the standards listed in Tables 4-4 through 4-9.

The standards adopted for specific uses (Section 531), overlay districts (Section 403) and Design Guidelines and Standards (Chapter 9) shall take precedence over the standards in this section, unless specifically noted otherwise in that particular section. See Chapter 3, Part IX of this Code for modifications of standards and variances.

(Ord. No. 16-06, § 3(Exh. A-3), 11-15-16; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19)

Table 4-4: Schedule of Bulk and Dimensional Standards for Village Districts

FOOTNOTES:

Properties within an Overlay District must also comply with the standards of such district.

¹ For commercial properties in the Parrish Commercial Village Overlay District, also see Section 403.4. PCV—Parrish Commercial Village Overlay District.

² Shall not exceed three (3) units/acre if located within the velocity zone of the coastal high hazard area.

³ The minimum lot width for corner lots shall be not less than fifteen (15) percent wider on both front yards than required in the district, except where both front yards equal or exceed one hundred fifty (150) feet each in width.

⁴ Front-loaded carports and garages, detached or attached to a single-family dwelling, require a twenty-five (25) foot front yard setback. The required front yard setback may be administratively reduced up to a maximum of five (5) feet, provided an equivalent distance between the internal edge of the sidewalk to the front property line is available to ensure a twenty-five (25) foot separation from the sidewalk to the garage.

⁵ Twenty-five (25) feet when abutting a residential land use.

⁶ Waterfront setbacks may be reduced by five (5) feet for platted lots of record. Mobile homes and recreational vehicles are exempt from this waterfront setback requirement.

(Ord. No. 15-29, § 3(Exh. A), 12-3-15; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 22-72, § 3(Exh. A), 11-3-22; Ord. No. 23-15, § 3(Exh. A), 2-16-23)

Editor's note— See the editor's note to Table 4-1.

Table 4-5: Schedule of Bulk and Dimensional Standards for Agricultural and Single Family Residential Districts ¹

FOOTNOTES:

¹ Overlay District regulations that address bulk and dimensional requirements supersede the requirements of this table.

² Shall not exceed three (3) units/acre if located within the velocity zone of the coastal high hazard area.

³ The minimum lot size cannot include wetlands, unless the standards of Section 401.3.C.3 are met.

⁴ The minimum lot width for corner lots shall be not less than fifteen (15) percent wider on both front yards than required in the district, except where both front yards equal or exceed one hundred fifty (150) feet each in width.

⁵ Front-loaded carports and garages, detached or attached to a single-family dwelling, require a twenty-five (25) foot front yard setback. The required front yard setback may be administratively reduced up to a maximum of five (5) feet, provided an equivalent distance between the internal edge of the sidewalk to the front property line is available to ensure a twenty-five (25) foot separation from the sidewalk to the garage.

⁶ Fifty (50) feet for mobile homes.

⁷ Waterfront setbacks may be reduced by five (5) feet for platted lots of record.

⁸ On residential sites where the minimum side yard setback is less than seven and one-half (7½) feet, accessory equipment such as air conditioning units, pumps, generators, and similar elements, shall be separated from similar elements on adjacent sites by a distance of at least ten (10) feet.

(Ord. No. 15-29, § 3(Exh. A), 12-3-15; Ord. No. 19-03, § 3(Exh. A), 3-21-19; Ord. No. 22-72, § 3(Exh. A), 11-3-22)

Editor's note— See the editor's note to Table 4-1.

Table 4-6: Schedule of Bulk and Dimensional Standards for Duplex and Multi-family Residential Districts ¹

FOOTNOTES:

¹ Overlay District regulations that address bulk and dimensional requirements supersede the requirements of this table.

² Shall not exceed three (3) units/acre if located within the velocity zone of the coastal high hazard area.

³ Lots of record existing prior to 1981 shall contain a minimum of seven thousand (7,000) square feet and a width of seventy (70) feet to allow a duplex, or three thousand five hundred (3,500) square feet and thirty-five (35) feet in width for a single-family semi-detached unit. Side yard setbacks may be reduced to eight (8) feet. Existing duplexes may be split into semi-detached units provided that these minimum requirements are met.

⁴ The minimum lot width for corner lots shall be not less than fifteen (15) percent wider on both front yards than required in the district, except where both front yards equal or exceed one hundred fifty (150) feet each in width.

⁵ Front-loaded carports and garages, detached or attached to a single-family dwelling, require a twenty-five (25) foot front yard setback. The required front yard setback may be administratively reduced up to a maximum of five (5) feet, provided an equivalent distance between the internal edge of the sidewalk to the front property line is available to ensure a twenty-five (25) foot separation from the sidewalk to the garage.

⁶ Per side/where only one (1) side yard is provided.

⁷ Subject to the building height compatibility standards contained in Section 401.5.

⁸ Waterfront setbacks may be reduced by five (5) feet for platted lots of record.

⁹ On residential sites where the minimum side yard setback is less than seven and one-half (7½) feet, accessory equipment such as air conditioning units, pumps, generators, and similar elements, shall be separated from similar elements on adjacent sites by a distance of at least ten (10) feet.

(Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 22-72, § 3(Exh. A), 11-3-22)

Table 4-7: Schedule of Bulk and Dimensional Standards for Mobile Home Districts

FOOTNOTES:

¹ Shall not exceed three (3) units/acre if located within the velocity zone of the coastal high hazard area.

² Mobile Homes and Recreational Vehicles are exempt from the waterfront setback requirement. For mobile home parks without recorded lots or lot lines refer to Section 107.7.E.

³ On residential sites where the minimum side yard setback is less than seven and one-half (7½) feet, accessory equipment such as air conditioning units, pumps, generators, and similar elements, shall be separated from similar elements on adjacent sites by a distance of at least ten (10) feet.

(Ord. No. 15-29, § 3(Exh. A), 12-3-15; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 22-72, § 3(Exh. A), 11-3-22; Ord. No. 23-15, § 3(Exh. A), 2-16-23)

Editor's note— See the editor's note to Table 4-1.

Table 4-8: Schedule of Bulk and Dimensional Standards for Office Commercial and Mixed-Use Districts ¹

FOOTNOTES:

SP = Special Permit required; FLUC=Future Land Use Category.

Unless specifically noted otherwise, the standards listed apply to residential and non-residential developments.

¹ Overlay district regulations that address bulk and dimensional requirements supersede the requirements of this table.

² Shall not exceed three (3) units/acre if located within the velocity zone of the coastal high hazard area.

³ See Commercial Locational Criteria in the Comprehensive Plan, which allows commercial nodes in residential future land use categories based on location and use.

⁴ See Section 531.49 for restrictions if the property is located in the IL (Industrial Light) future land use category.

⁵ For residential development, use the minimum standards required in the most intensive residential zoning district compatible with the site's future land use category (e.g. in RES-6, use RSF-6, RDD-6, RSMH-6, or RMF-6 depending on the use).

⁶ RV site/Site in Designated Camping Area/Non-residential or dwelling site.

⁷ Waterfront setbacks may be reduced by five (5) feet for platted lots of record. No minimum waterfront yard required for water dependent use structures.

⁸ Mobile Homes and Recreational Vehicles are exempt from this waterfront setback requirement.

⁹ Buildings in excess of thirty-five (35) feet must meet the standards of Section 401.5 (Building Height Compatibility).

¹⁰ Commercial uses exceeding one hundred fifty thousand (150,000) square feet shall be directly accessed from at least one (1) arterial roadway, unless the site is located in the Urban Core or within a MU-C future land use category.

¹¹ No maximum building size, unless the project is restricted by the Commercial Locational Criteria to the sizes noted. FAR is still applicable.

¹² Front-loaded carports and garages, detached or attached to a single-family dwelling, require a twenty-five (25) foot front yard setback. The required front yard setback may be reduced up to a maximum of five (5) feet, provided an equivalent distance between the internal edge of the sidewalk to the front property line is available to ensure a twenty-five (25) foot separation from the sidewalk to the garage.

(Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 22-72, § 3(Exh. A), 11-3-22; Ord. No. 23-15, § 3(Exh. A), 2-16-23)

Editor's note— See the editor's note to Table 4-1.

Table 4-9: Schedule of Bulk and Dimensional Standards for Industrial, Extraction and Institutional Districts ¹

FOOTNOTES:

UIRA = Urban Infill Redevelopment Area.

¹ Overlay District regulations that address bulk and dimensional requirements supersede the requirements of this table.

² Shall not exceed three (3) units/acre if located within the velocity zone of the coastal high hazard area.

³ See Commercial Locational Criteria provisions in the Comprehensive Plan, Land Use Operative Provisions, which limit the size of commercial development in the Industrial future land use categories.

⁴ Unless specified in the table, residential development shall use the minimum standards required in the most intensive residential zoning district compatible with the site's future land use category (e.g. in RES 6, use RSF-6, RDD-6, RSMH-6, or RMF-6 Depending on the use).

⁵ No minimum yard required if abutting a railroad track for that portion of the building to be used for the transportation of products and material to and from the site. No minimum waterfront yard required for water dependent use structures.

⁶ Waterfront setbacks may be reduced by five (5) feet for platted lots of record.

⁷ One (1) additional foot in height may be added for each additional foot that is added to all required yards.

⁸ Building in excess of thirty-five (35) feet must be located a minimum of one hundred (100) feet from any property boundary or five hundred (500) feet from any waterfront property boundary. The Board of County Commissioners may allow structures in excess of thirty-five (35) feet within closer proximity to property boundaries under the provisions of Section 402.7 (PDR).

(Ord. No. 19-03, § 3(Exh. A-4), 3-21-19)

Editor's note— See the editor's note to Table 4-1.

Table 4-10: Future Land Use Categories and Corresponding Zoning in Urban Corridors ⁽¹⁾

⁽¹⁾ This table shall only be applicable to Urban Corridor sites that meet all the standards of Section 902. In no event shall densities and intensities be allowed to exceed the maximum permitted within the site's future land use designation.

* Subject to locational criteria and/or commercial development size restrictions (policies 2.2.1.12 through 2.2.1.28.6, 2.10.4.1 and 2.10.4.2 of the Comprehensive Plan).

** The first figure represents the standard allowed by right, the second may only be attained through the approval of a bonus (see Section 902).

(Ord. No. 16-06, § 3(Exh. A-3), 11-15-16; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19)

Editor's note— See the editor's note to Table 4-1.

Table 4-11: Standards for Development in Urban Corridors ⁽¹⁾

NOTE: The standards listed apply to residential and non-residential developments.

(1)

The standards shown in this table are only applicable to Urban Corridor sites that meet all the standards of Section 902. In no event shall densities and intensities be allowed to exceed the maximum permitted within the site's future land use designation.

(2)

The first figure represents the standard allowed by right, the second may only be attained through a bonus (see Section 902.9, Density, Intensity and Height Bonus). Additional setback/step-back requirements stated in Section 902.6 and Airport Impact Overlay District regulations stated in Section 403.2 may render some sites ineligible for the maximum permitted height.

(3)

Subject to locational criteria and/or commercial development size restrictions (see policies 2.2.1.12 through 2.2.1.28.6, 2.10.4.1 and 2.10.4.2 of the Comprehensive Plan).

(4)

Front-loaded carports and garages, detached or attached to a single-family dwelling, require a twenty-five (25) foot front yard setback. The required front yard setback may be administratively reduced up to a maximum of five (5) feet, provided an equivalent distance between the internal edge of the sidewalk to the front property line is available to ensure a twenty-five (25) foot separation from the sidewalk to the garage.

(Ord. No. 16-06, § 3(Exh. A-3), 11-15-16; Ord. No. 16-24, § 3(Exh. A-4), 11-15-16; Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 22-72, § 3(Exh. A), 11-3-22)

Editor's note— See the editor's note to Table 4-1.

A.

Adjacent to Single Family Development. Developments of three (3) stories or more abutting a single-family residential zoning district or directly across the street (excluding major arterials) from a single-family residential zoning district shall provide:

1.

An additional building setback of twenty (20) feet over the minimum setback required for each floor above three (3) stories. Developers may elect to apply the setback just to those floors above the third story (step back approach, see Figure 4-3 - Option A), to the entire façade (Option B) or a combination of the two (Option C). The additional setback/step-back requirement may render some sites ineligible for the maximum permitted height; and

2.

A six-foot solid, decorative wall along the property line abutting the single-family site, in addition to the buffer requirements of Chapter 7. The wall shall not be required if the uses are separated by a public or private street.

Figure 4-3: Setbacks Abutting Single-Family Residential Zoning

B.

Through Special Permit or PD. Requests for approval of additional building height through Special Permit as provided for in Table 4-8 or in conjunction with Planned Development Residential as provided for in Section 402.7.D.9, shall meet the provisions of subsection A, above, if applicable, and the following provisions. Building heights approved through Special Permit shall also meet the criteria listed in Section 316.6.

1.

The height of the proposed development shall not adversely affect surrounding development or waterfront vistas;

2.

The proposed building(s) shall have varied setbacks of at least three (3) feet in depth every seventy-five (75) horizontal feet to give the appearance of less bulk to the street frontage and adjacent buildings;

3.

The proposed building(s) shall have an articulated roofline, whether it consists of a series of flat or sloped roofs (Figure 4-4);

4.

The main entrance of all non-residential and mixed-use buildings shall face the street where possible, and the site shall be designed to provide clear and safe pedestrian access from the public sidewalk to that entrance; and

5.

The building materials shall be complementary with the adjacent existing construction.

Figure 4-4: Articulated Roofline

(Ord. No. 19-03, § 3(Exh. A-4), 3-21-19; Ord. No. 23-17, § 3(Exh. A), 2-16-23)

Editor's note— Ord. No. 19-03, § 3(Exh. A-4), adopted March 21, 2019, repealed § 401.5, which pertained to expansion of existing large commercial projects and derived from the original codification of this Code.