A.

Residential.

(1)

Accessory uses traditionally associated with residential uses such as swimming pools or storage sheds are allowed as accessory uses in agricultural and residential zoning districts in addition to the accessory structures and uses specified in this article. These uses must be accessory to an established residential use, except as provided for in Section 3.7.7.G.

(2)

Accessory structures shall maintain minimum setbacks per the applicable dimensional standards table for the zoning district in which they are located. Accessory structures shall be located behind the facade of the primary structure, unless otherwise provided for in this article or in the applicable dimensional standards table.

B.

Multi-Family, Non-Residential, and Mixed-Use.

(1)

All permissible uses may be allowable as an accessory use to a permissible primary use.

(2)

Accessory structures in non-residential districts shall follow the required primary structure dimensional standards for the applicable zoning district.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Accessory Dwelling Units (ADU) in residential districts allow property owners to establish separate living quarters to care for seniors, house their children, or obtain rental income. Additionally, ADUs increase the range of housing choices and the supply of accessible and affordable housing units within the community. ADUs in nonresidential development may take the form of a caretaker's unit and shall be included on the Site Development and Infrastructure Plan. Because ADUs are size-restricted and accessory-to another use, ADUs are exempt from residential density calculations.

B.

Minimum Parcel Size.

(1)

One (1) ADU may be permitted on a single lot or parcel in all standard zoning districts when the property has access to public water and sewer.

(2)

When public water and sewer are unavailable, ADUs may be permissible on a single lot or parcel, subject to the separation requirements for the well and septic systems. Property owners shall verify the separation requirements with the health department to determine the viability of an ADU when a parcel does not have access to public water and sewer.

C.

Design.

(1)

ADUs shall comply with the dimensional standards of the zoning district for accessory structures and all habitable structure standards from the Florida Building Code, including the base flood elevation.

(2)

The architectural design, character, style, and appearance shall be consistent and compatible with the primary structure.

(3)

Existing, non-conforming accessory structures may be converted to a legal ADU, subject to the Florida Building Code standards for habitable structures, with the appropriate building permits and inspections. Conversion may not increase the non-conformity of the structure.

(4)

ADUs extending from existing structures may not comprise more than fifty percent (50%) of the total visible facade area parallel to the front property line.

D.

Dwelling Unit Size. ADUs may not exceed sixty-five percent (65%) of the primary structure's livable area measured by square feet under air with a maximum size of eight hundred (800) square feet.

E.

Utilities.

(1)

ADUs may share existing utility and service infrastructure with the primary unit, subject to compliance with state and local standards.

(2)

In instances where an ADU has been developed without public water and sewer, the ADU shall convert to public water and sewer upon the availability of services.

F.

Parking. ADUs require one (1) additional parking space within the property lines. The parking space may be incorporated into the driveway or stand-alone.

G.

Common Ownership. Unless the ADU independently meets all the requirements of the zoning district, the ADU and the property on which it shares a parcel shall be under common ownership.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Non-industrial urban agriculture, through backyard farms, can support community health, improve the environment, control pests, and provide additional sources of income for residents. Fowl allowed in this section shall be kept or raised for personal use, except youth projects such as 4-H or FFA activities. The raising and keeping of fowl or livestock shall be conducted in a manner to minimize any potential public nuisance.

B.

Permissible Activities. Vegetable and fruit gardens are permitted in all zoning districts. The maximum allowed number of fowl for accessory agricultural uses is as follows:

C.

Prohibited Activities:

(1)

Commercial raising or keeping of fowl or livestock;

(2)

Keeping of roosters, crowing chickens, or any livestock not listed in the table above; and

(3)

Slaughtering of hens or other animals.

D.

Containment. It shall be unlawful for any person to allow fowl to run at large upon the streets, alleys, or other public places of the City or upon the property of any other person. Stored feed shall be secured in rodentproof and raccoon-proof enclosed containers.

(1)

Chicken coops, and containment areas shall:

a.

Reside in the rear half of the residential lot behind the primary structure;

b.

Meet the setback requirements for an accessory structure in the zoning district;

c.

Maintain clean and sanitary conditions, free of insects and rodents, offensive odors detectable at property boundaries, excessive noise, or any other potential nuisance;

d.

Hens shall be contained within a covered chicken coop or fenced pen area;

e.

A building permit is not required for movable or prefabricated coops that twelve (12) square feet or less in size.

f.

Moveable coops shall be removed or stored appropriately for all major storm events to prevent airborne debris.

(2)

Chickens shall be stored appropriately for all major storm events.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

An ATM or other machine designed for walk-up use shall be located in the exterior wall, or built-in surround, of a building or a parking area and shall be designed to avoid:

(1)

Obstructions to pedestrian movement along sidewalks, public use areas, or parking areas and building entrances; and

(2)

Disruption to vehicular movement in front of buildings or through parking areas.

B.

If an ATM or other vending machine is designed for use by customers in their vehicles, it shall comply with the accessory use standards in Section 3.7.6.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. This section applies to detached accessory storage structures. Storage areas attached to the primary structure shall conform to the setback and permitting requirements of the primary structure.

B.

Permit Exemption. Prefabricated sheds, fifty (50) square feet or less, in one-and-two-family residential districts are exempt from building permits and the design requirements in this section. Storage structures associated with other uses are not exempt from any development standards. The property owner is responsible for ensuring the shed is not placed in a required setback or easement. Sheds placed in easements are at owners' risk; should the city damage or destroy the structure while conducting construction or maintenance in the easement, repair or replacement is at the property owner's expense.

C.

Standards.

(1)

Accessory storage structures may not be placed in a number or size that causes the maximum impervious surface area for the lot to be exceeded.

(2)

The architectural design, character, style, and appearance of accessory storage structures exceeding six hundred (600) square feet, or visible from a public right-of-way shall be consistent and compatible with the primary structure.

(3)

Driveways. On corner lots, driveways to the accessory structure shall face the addressing street. When the parcel is considered a through lot according to Chapter 4, Article II., Section 4.2.6. of this ULDC, the driveway may face the non-addressed street.

(4)

Accessory storage structures shall be:

a.

Designed to comply with the dimensional standards of the zoning district and construction standards from the Florida Building Code;

b.

Subordinate in total area to the primary structure unless the structure is located on a property one (1) acre or larger, in which case the impervious surface ratio shall dictate the size permitted;

c.

Located behind the front facade of the primary structure; and

d.

On the same parcel as the primary structure.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Drive-thru and mobile pick-up spaces are integral accessory uses to many different businesses. The purpose of this section is to ensure safe pedestrian and vehicular movement and maintain the aesthetic integrity of sites with these uses.

B.

Drive-Thru Facilities. Drive-thru facilities are prohibited on properties adjacent to residential properties zoned R-1 and R-2. Permitted ancillary drive-thru facilities, including all improvements associated with the drive-through activity, such as entry and exit drives, stacking lanes, service windows, canopies, drive-up ATMs, and informational signage, shall be located and designed to meet the following standards:

(1)

Drive-thru facilities shall be located at the rear or side of the primary building;

(2)

Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall be located a minimum one hundred (100) feet or face away from the property lines of any adjacent residential zoning districts.

(3)

Stacking lanes.

a.

Each drive-thru lane shall include stacking spaces per Chapter 4, Article X., Section 4.10.6. of this ULDC, to ensure queuing vehicles do not block driveways, access to parking areas, or pedestrian walkways.

b.

Drive-thru lanes along pedestrian walkways shall be buffered with a minimum twenty-four (24) inch-wide landscaped strip between the drive-thru lane and sidewalk with plantings and hedges not exceeding thirty-six (36) inches in height.

C.

Mobile Pick-Up Spaces. Required parking spaces may not be utilized for mobile pick-up spaces. mobile pick-up or to-go parking shall be located and designed to meet the following standards:

(1)

May be located on the front, side, or rear of the primary structure.

(2)

Mobile pick-up spaces shall not be located directly adjacent to the property's primary access points or in a location that would impede normal traffic flow.

(3)

Employees shall have direct access from the structure to the mobile pick-up spaces via a properly marked crosswalk or sidewalk.

D.

Signage. On-site signage and pavement markings shall be provided to mark pedestrian walkways and crossings and indicate the direction of vehicular travel and other conditions required to ensure safe vehicular and pedestrian movement.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. The purpose of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony throughout the City and ensure safe visibility around fences and walls.

B.

Permit. Constructing a six (6) foot high fence or shorter on one-and-two-family properties does not require a building permit or zoning review. Property owners are responsible for ensuring compliance with height, location, and construction requirements herein. Fences taller than six (6) feet or walls of any height require a Certificate of Zoning Compliance and a building permit showing compliance with the Florida Building Code. Privacy hedges may be planted without a permit in any required yard or easement but must be maintained and ensure no obstruction to the visibility triangle.

C.

Location. A fence or wall may be constructed on the property line but shall not be located within a visibility triangle or impede the visibility of street traffic from vehicles or exiting driveways. All support structures shall be completely within the property lines of the constructing property. Fences or walls are not permitted in a public right-of-way.

D.

Visibility Triangle. No obstruction to vision is permitted at the intersection of a driveway and the street. The area must be clear of all visual obstructions to allow drivers adequate time to perceive a problem (e.g., vehicle, person, animal, or object), react to it, and safely stop to avoid a collision or injury. The length and shape of this area is affected by the speed of a vehicle, pavement conditions, curves in the road, slopes, and other factors. Chapter 4, Article II., Section 4.2.8. of this ULDC contains visibility triangle limitations.

E.

Height. Fence and wall height is measured from the average grade of the property.

(1)

Maximum heights:

a.

Residential:

1.

Front Yard and Secondary Front Yard: four (4) feet.

2.

Side, Rear, Waterfront: eight (8) feet.

b.

Non-residential: eight (8) feet.

(2)

Fence posts and wall columns may extend above the maximum fence height by one (1) foot, provided no part of a fence or wall post, or column shall have a height greater than five (5) feet in the front yard of a residential district, or nine (9) feet elsewhere.

F.

Materials and Appearance. The finished side of the fence or wall shall face outward from the property constructing the fence or wall.

(1)

Fences and walls shall be constructed of the following materials:

a.

Masonry or stone;

b.

Ornamental iron or other decorative metal;

c.

Painted wood, pressure-treated wood, or rot-resistant wood such as cedar, cypress, or teak;

d.

Composite materials designed to appear as wood, metal, or masonry;

e.

Vinyl Coated Chain link, in black or North Port City Center Green;

f.

Vinyl fencing; and

g.

Walls clad with substrate material intended to support living vegetation.

(2)

Prohibited Materials. The following fence types or materials are prohibited.

a.

Barbed and razor wire;

b.

Fences or walls with any material or substance designed to inflict pain or injury on any person or animal, such as broken glass, spikes, nails, barbs, or similar material;

c.

Fences constructed of chicken wire, corrugated metal, fabric materials, fiberboard, garage door panels, plywood, rolled plastic, sheet metal, debris, junk, or waste materials, unless such materials are recycled and reprocessed, for marketing to the public, as building materials designed to resemble new building materials (e.g., picket fencing made from recycled plastic and fiber);

d.

Chain link fences except as permitted in subsection (1)e. above; and

e.

Above-ground fences that carry electrical current (below-ground electrical fences intended for the keeping of pets are not prohibited).

(3)

Exemptions. Properties in the AG, EC district, or properties on which water/wastewater treatment plants or electric substations may utilize a split rail, barbed wire, razor, or electric fences. Barbed wire may only be installed on the top and inside of the fence but is included in the fence height calculation.

G.

Fences on Vacant Property. Non-opaque (see-through) fencing made of natural materials only (i.e., composite, wood, stone) up to six (6) feet in height is allowed on vacant properties. The fence material, excluding its supporting posts must be no less than fifty percent (50%) opaque of any square foot of said fencing material. Gates and hardware (i.e., brackets, fasteners, nails) may be constructed of non-natural materials.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

One (1) flagpole may be installed on a property. The flagpole may not exceed the maximum building height of the zoning district.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

Home-based businesses are permissible accessory uses in all residential districts, provided such use is in compliance with 559.955, Florida Statutes.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. The purpose of this section is to provide details on where and how a mobile food vendor may operate within the City of North Port to ensure the health, safety, and general welfare of residents and visitors. Ice cream trucks are not considered mobile food vending.

B.

General Standards.

(1)

A mobile food vendor shall be:

a.

Licensed by the state;

b.

Parked with written permission from the property owner;

c.

Limited to the hours between 7:00 a.m. and 12:00 a.m. (midnight), except in CT and COR districts in which business activity and deliveries are prohibited between 10 p.m. and 5 a.m.

d.

Removed from any site during the hours when the vehicle is not operating and may not be stored, parked, or left overnight on any public street or sidewalk.

(2)

The mobile food vendors may not provide seating areas for dining associated with food dispensing vehicles, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters.

(3)

All food preparation, storage, and sales or distribution by a food dispensing vehicle operator shall comply with all applicable county, state, and federal health, and sanitary regulations. In accordance with such laws, the food dispensing vehicle shall return daily to a commissary for proper servicing.

(4)

One (1) sandwich board, feather flag or banner shall be allowed.

(5)

Amplified music is prohibited.

(6)

The operator shall keep all areas within ten (10) feet of the food dispensing vehicle and any associated customer or dining area clean of grease, trash, paper, cups, cans, or other debris associated with the food truck.

a.

Each operator is responsible for properly disposing of solid waste associated with food dispensing vehicle operation and any outdoor dining areas prior to leaving a location. City-maintained trash receptacles shall not be used for this purpose.

b.

No waste or grease may be disposed in storm drains, into the sanitary sewer system, or onto sidewalks, streets, or other public spaces.

c.

If evidence of the improper disposal of liquid waste or grease is discovered at any time, the food dispensing vehicle operator shall cease operation immediately. The owner of the food dispensing vehicle business and the property owner shall be liable for the violation.

d.

A fire extinguisher must be located on-site when a mobile food vendor uses a generator or open flame.

e.

Mobile food vendors shall maintain all applicable insurance policies required by local, State, and Federal law and regulation.

C.

Non-Residential and CT/COR Districts. In addition to the general standards, the following additional standards apply:

(1)

No more than one (1) mobile food vendors is permitted per parcel as an accessory use to a developed site. Food Truck Parks are exempt from this limitation.

(2)

Mobile food vendors shall not be located closer than one hundred (100) feet from a lot occupied by a one-and-two- family dwelling unit. Separation is measured in a straight line from the location of the food truck to the nearest property boundary.

(3)

Mobile food vendors shall be at least five (5) feet from any fire hydrant, sidewalk, utility box, handicap ramp, and building entrance.

(4)

Mobile food vendors shall not occupy parking spaces required to fulfill the minimum requirements of the primary use unless the hours of operation of the primary use do not coincide with those of the Mobile Food Vendor.

(5)

Mobile food vendors may not encroach upon open space, landscaping, vehicular accessways, or pedestrian walkways and shall not obstruct or disturb existing buffers or required setbacks from buffers or streetscapes.

(6)

Mobile food vendors shall be located at least one hundred (100) feet from the main entrance of any eating establishment or similar food service business, from any outdoor dining area, and any other food dispensing vehicle, as measured in a straight line.

(7)

The owner of any private property upon which a violation of the regulations within this subsection occurs shall be individually responsible and liable for the violation.

D.

Residential. In residential zone districts, a food dispensing vehicle shall be allowed only in conjunction with a neighborhood activity or function sanctioned by a homeowner's association.

E.

City-Owned Property. A mobile food vendor may operate on city-owned or public property.

(1)

In addition to the general standards above, the total operation shall be contained within the designated areas identified by the Parks and Recreation Department or City Manager in the following locations:

a.

Dallas White Park, a maximum of four (4) designated spaces;

b.

The Garden of the Five Senses, a maximum of four (4) designated spaces;

c.

Highland Ridge Park, a maximum of one (1) designated space;

d.

City Center Green, a maximum of six (6) designated spaces;

e.

Blue Ridge Park, a maximum of two (2) designated spaces;

f.

McKibben Park, a maximum of two (2) designated spaces; and

g.

Atwater Park, a maximum of two (2) designated spaces near the splash pad, except during Little League games.

h.

Warm Mineral Springs Park, a maximum of two (2) designated spaces.

(2)

A mobile food vendor must maintain insurance and coverage in occurrence form when operating on city-owned property. The mobile food vendor must also have a current certificate of insurance on file with the city, naming the city as an additional insured with the following:

a.

Commercial general liability insurance. The policy must include a minimum limit of three hundred thousand dollars ($300,000.00) for each accident, six hundred thousand dollars ($600,000.00) for general aggregate, six hundred thousand dollars ($600,000.00) for products and completed ops, and one hundred thousand ($100,000.00) damage to rented premises.

b.

Commercial auto liability insurance. The policy must include a minimum limit of one million dollars ($1,000,000.00) for each accident for property damage and bodily injury with contractual liability coverage.

c.

Workers' compensation insurance. The policy must include a minimum limit of one hundred thousand dollars ($100,000.00) for each accident, one hundred thousand dollars ($100,000.00) for each employee, a five hundred thousand ($500,000.00) policy limit for diseases; coverage must apply for all employees at the statutory limits provided by state and federal laws. Including proof of current workers' compensation coverage or workers' compensation exemption (notarized affidavit).

F.

Construction Areas. A mobile food vendor may operate on private property with an active building permit as part of a nonresidential, mixed-use, or multi-family construction site. Such operation may also occur on a site undergoing master infrastructure construction within a one-and-two-family subdivision until the first certificate of occupancy is issued.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

The outdoor seating area shall not be located closer than one hundred (100) feet from an R-1 or R-2 zoning district.

B.

Hours of operation of the outdoor seating area shall be the same as those for the eating or drinking establishment.

C.

Food preparation shall occur only within the enclosed primary building containing the eating or drinking establishment.

D.

Outdoor or sidewalk cafes may not reduce a pedestrian walkway to less than sixty (60)inches or impede general vehicular or pedestrian circulation to adjoining streets, alleys, or sidewalks.

E.

Outdoor cafes may not be located in a side or rear yard when abutting any residential zoning district.

F.

When seating is provided adjacent to a walkway or parking area, the seating area shall be:

(1)

Attached to the primary structure on at least one (1) side of the seating area;

(2)

Enclosed with a fence or wall of a design that is consistent with the primary structure;

(3)

Buffered with a minimum twenty-four (24) inch-wide landscaped strip between the walkway and the seating area.

G.

Smoke, odor, or other environmental nuisances must be confined to the lot upon which the outdoor cafe is located.

H.

Outdoor and sidewalk cafes shall not be located in a required buffer or landscape area.

I.

Live music or sound-producing devices (including, but not limited to, musical instruments, loudspeakers, and sound amplifiers) may be played in the outdoor seating area provided that all speakers face toward the building and the volume measured at the property line does not exceed the City's noise ordinance.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Outdoor display is intended to regulate the display of merchandise on a site. An outdoor display may be models or general merchandise. This does not include dealerships for automobiles, recreational vehicles, manufactured homes, or other similar dealerships.

B.

Permanent outdoor display areas for models or oversized equipment shall meet the following:

(1)

Merchandise displayed shall be limited to that sold or rented by the primary use on the lot.

(2)

The display area shall be stabilized and finished.

(3)

No outdoor display may be located in a required buffer.

(4)

The outdoor displays may not utilize required parking spaces or block loading zones, fire lanes, or other emergency access areas.

(5)

The proposal shall be in accordance with the overall design and conditions of the development plan for the primary use.

(6)

Models on display may be kept in place when the associated commercial enterprise is closed. General merchandise may only be on display during store hours.

(7)

The outdoor display shall be clearly incidental to the primary use.

(8)

The outdoor display shall be completely contained within the property lines.

(9)

Outdoor display areas shall be located to maintain a clearance area in front of a primary building entrance for at least 10-feet directly, outward from the entrance width.

(10)

An obstruction-free area at least five (5) feet wide shall be maintained through the entire length of the display area, or between it and adjacent parking areas to allow pedestrians and handicapped persons with disabilities to travel between parking areas safely and conveniently, without being required to detour around the display area.

C.

Outdoor display of merchandise, such as sidewalk sales or portable displays, shall meet the following:

(1)

Maximum area: The area devoted to an outdoor display of merchandise shall not exceed a footprint of thirty-two (32) square feet per business.

(2)

Maximum height: the maximum height for any portion of an outdoor merchandise display is six (6) feet.

(3)

Dimensions: Outdoor merchandise display areas shall not extend more than five (5) feet from the adjacent storefront.

(4)

Displays may not obstruct ADA required access.

(5)

Display: Merchandise shall be displayed on shelves or tables and arranged neatly.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

The outdoor storage area shall be in accordance with the overall design and conditions of the development plan for the primary use.

B.

All proposed outdoor storage shall be enclosed and screened by a wall, fence, or hedge that is not less than two-thirds (⅔) the height of any equipment or fixtures used or any material stored.

C.

Outdoor storage areas shall be completely contained within the property lines.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

The array may be located on the roof of a primary or accessory structure, the side of such structures, a pole, the ground, or a pond. Any ground-mounted solar array located in the front yard, or within view of a public right-of-way shall be designed as public art consistent with Chapter 4, Article IV., Section 4.4.4. of this ULDC.

B.

The facility shall not extend more than fifteen (15) feet above the roof line of the structure on which it is mounted.

C.

When an existing structure is within five (5) feet of or exceeds the maximum building height, a solar energy collection facility may be located on its roof but shall not extend more than five (5) feet above the roof surface.

D.

The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the small-scale solar energy collection facility, and for recording any such solar easement in the Public Records of Sarasota County.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. The following regulations apply to all swimming pools, tennis courts, shuffleboard courts, and other recreational facilities which are accessory to an established primary use.

B.

Setbacks. Accessory structures shall meet the accessory structure setback requirements of the applicable zoning district. Decks, pavers, or other non-structural surfaces at grade do not need to meet setback requirements. Setbacks are measured per the following:

(1)

Pools. Setbacks are measured to the edge of the pool structure if unenclosed.

(2)

Screened enclosures. Setbacks are measured to the structure facade.

(3)

Other structures. Setbacks are measured from the surface of the structure.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]