Editor's note— Ord. No. 04-4573, § 22, adopted June 20, 2005, repealed section IV-101 in its entirety. Former section IV-101 pertained to development approvals and derived from Ord. No. 02-4357, adopted April 29, 2002; Ord. No. 04-4531, § 3, adopted June 7, 2004.

(a)

The city shall establish a schedule of fees and charges for matters pertaining to development review. For the review and processing of the applications described in these regulations, a fee shall be deposited by the applicant at the city auditor and clerk's office at the time of filing the initial application. The fee schedule shall be adopted by resolution of the city commission and a copy thereof shall be maintained in the city auditor and clerk's office. The application shall not be reviewed or processed by the city until such time as the application fee has been paid in full. In addition to said application fee, the city auditor and clerk may require payment of an estimated escrow amount at the time of filing the application. The purpose of the escrow payment will be to cover the anticipated cost of legal advertising notices, professional certification fees, attorney's fees and costs, consultant costs, as well as other out-of-pocket expenses described in this section.

(b)

Fees for additional reviews reflected in the fee schedule shall be received by the city auditor and clerk's office prior to any review or processing of the application by city staff.

(c)

If an application requires legal advertising notices or professional certification, then the applicant is responsible for the payment of all legal advertising costs and professional certification for the application. These costs shall be paid no later than 15 days after the date the city auditor and clerk's office mails the bill for the costs.

(d)

The applicant shall be responsible for payment for all city attorney time and city attorney costs associated with any application. The bill for the city attorney's time and costs shall be paid no later than 15 days after the date the city auditor and clerk's office mails the bill.

(e)

If a determination is made by the city manager that an independent consultant opinion is required for review of any application, the applicant is responsible for payment of all costs incurred. The applicant shall pay the estimated costs provided by the independent consultant prior to the independent consultant beginning work. The applicant shall pay all final costs no later than 15 days after the date the city auditor and clerk's office mails the bill for the costs.

(f)

No building permit shall be issued for any project until all fees and costs for any development application are paid to the city auditor and clerk's office.

(g)

Any failure to pay all fees and costs for any development application is a violation of the zoning code and the city may take any legal steps to collect the amounts due, including utilizing the code compliance process.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 19, 6-20-05; Ord. No. 07-4709, § 2, 12-11-06; Ord. No. 13-5041, § 2(att. 1), 3-4-13)

(a)

Preapplication conference (optional).

(1)

Request and scheduling. An applicant for development approval may, at their option, file with the city auditor and clerk a request for an informal conference with a representative of the development services department or the development review committee (DRC) prior to filing an application for development approval.

(2)

Purpose of conference. The preapplication conference shall be informal and its purpose shall be to discuss the proposals, views and concerns of the applicant, or whether any additional information will be required.

(3)

Letter of understanding. After a preapplication conference, the director of development services shall transmit a letter of understanding to the applicant, with a copy to the city manager, setting forth the substance of the preapplication conference.

(b)

Community workshops.

(1)

All applicants for any of the following shall hold a community workshop prior to submitting an application:

a.

Amendments to the future land use map illustration LU-6 of the Sarasota City Plan;

b.

Rezone (with or without site plans);

c.

Major and minor conditional uses;

d.

Street and right-of-way vacations;

e.

"G" zone waivers;

f.

Amendments to the text of the Sarasota City Plan that affect a specific and limited area of the city (determined by the director of the planning department);

g.

Utilization of the Golden Gate alternative standards;

h.

Building permit or administrative site plan which meets or exceeds the thresholds of subsection IV-501(c) located on a parcel of land that is located entirely or partially within the Laurel Park overlay district in accordance with the procedures located within section VI-911, Laurel Park overlay district.

i.

Day care facility with more than ten children in the DTN, HAOD, OCD, OND, ORD, and RMF zone districts.

j.

Utilization of the attainable housing density bonus in the urban mixed-use zone districts.

An additional community workshop shall be required if:

(1)

Any increase to the height, density, or intensity of an application occurs following the community workshop;

(2)

An amendment is requested that requires action by the planning board or city commission; or

(3)

An application is not filed within 12 months following the previous community workshop.

Exceptions for the additional community workshop may be granted by the development services department after consultation with affected neighborhood associations. If there is no registered neighborhood association in the affected area, an exception will not apply.

(2)

The purpose of the community workshop shall be to inform the neighboring property owners, residents, and business owners of the nature of the proposed development or land use request, explain the site plan, if any, and solicit comments.

(3)

Notice shall be provided by mail at least 14 days prior to the date of the community workshop to each owner of record of any land within 500 feet of the property for which the development approvals are sought and to affected neighborhood associations who have registered with the office of the city auditor and clerk to receive notice. The notice of the community workshop shall include at a minimum the following: the applicant's name and telephone number, the street address of the site with a small identification map, a clear, factual explanation of what the applicant is proposing and the date, time and location of the workshop. This notice requirement does not mean that all persons receiving the notice must attend the community workshop. The city manager may promulgate administrative regulations setting forth guidelines pertaining to any additional requirements for the conduct of the workshop.

(c)

Simultaneous applications. Applications for development approvals may be filed and reviewed simultaneously, at the option of the applicant, provided however, that any application for development approval that also requires a variance shall not be processed for final approval until the variance has been granted.

(d)

Application submission requirements.

(1)

All applications for development approval except applications for building permits shall be submitted to the city auditor and clerk's office on a form submitted by the director of development services. All applications for development approval, except for city initiated applications, shall be accompanied by the payment of a fee in accordance with the provisions of section IV-102. All applicants for development approval other than the City of Sarasota shall be required to submit such information with the application as required by the "development approval application" package promulgated and utilized by the city and may be required to submit such additional information as the city may deem necessary to review the proposed development. A physical and/or digital massing model of a proposed project may be required by the director of development services to evaluate the effect of a proposed project on the surrounding area and to better understand the project's characteristics.

(2)

City-initiated applications for development approval shall be accompanied by such information as may be necessary to evaluate and decide the application as determined by the neighborhood and development services staff.

(3)

The city manager is authorized to promulgate administrative regulations which may require that applications for development approval be accompanied by specified information or materials.

(e)

Determination of completeness of application. Except for applications for building permits, when an application for development approval is submitted, the city auditor and clerk's office shall determine whether the application is complete. If the application is not complete, it shall be returned to the applicant. The city shall take no further action on the application until the deficiencies are corrected. Upon determination that the application is complete, a notice of filing is required to be mailed for the following types of applications: Site plans; administrative site plans for properties within the downtown zone districts that exceed the thresholds set out in section IV-501(c) of this Code; site specific quasi-judicial re-zonings, site specific quasi-judicial rezone ordinance amendments; final subdivision plats; conditional uses; historic designations; development permits for developments of regional impact; adult use permits; development agreements; "G" zone waivers; amendments to the future land use map, illustration LU-6 of the comprehensive plan; street vacations; off-site parking agreements and amendments to any of the foregoing. A notice of filing is a notification sent to persons or entities owning property located within 500 feet of the property that is the subject of the application for development approval. A notice of filing shall also be mailed or e-mailed to any condominium, cooperative, homeowners' association or neighborhood association which includes property located within 500 feet of the property that is the subject of the application for development approval, provided such condominium, cooperative or association has registered with the city for the purpose of receiving notices of applications for development approvals.

(f)

Determination of sufficient application. After an application is determined complete, each department that is a member of the DRC shall review the application for sufficiency and shall provide comments to the DRC.

(1)

Determination of sufficient application. The DRC shall determine if the application is sufficient, and shall notify the applicant of additional information that is required to be submitted.

(2)

Remedy of insufficiencies. If the applicant fails to respond to the specified insufficiencies within 90 days of the date of the letter providing notification of deficiency, the application for development approval shall be deemed withdrawn.

(3)

Additional information. If an applicant submits additional data or information at any time after a determination of completeness has been made, the revised application will be subject to the same stages of review as the initial application.

(4)

Staff analysis. After an application is determined sufficient, the DRC shall review the application for development approval and the comments of all members of the DRC. The planning department shall collect the comments of the other departments and shall prepare a written analysis of the issues raised by the application.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4429, § 4, 1-21-03; Ord. No. 05-4607, §§ 1—3, 3-24-05; Ord. No. 04-4573, § 20, 6-20-05; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 06-4683, § 3, 7-26-06; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 13-5055, § 2(Att. 1), 5-6-13; Ord. No. 13-5054, § 2(Exh. A), 8-19-13; Ord. No. 19-5275, §§ 1, 2, 5-20-19; Ord. No. 24-5510, § 2(Exh. A), 4-1-24)

(a)

Applicability. The notice of hearing requirements and procedures for the conduct of public hearings set out in this section shall be applicable as provided below.

(b)

Classification of decisions. Decisions made pursuant to this zoning code shall be classified as provided below:

(1)

Legislative.

a.

Amendments to the text of the zoning code;

b.

Comprehensive plan and future land use map series amendments;

c.

Development agreements;

d.

Street and right-of-way vacations;

e.

Comprehensive city-initiated rezonings affecting a large portion of the public.

(2)

Quasi-judicial.

a.

Site plans (except those approved administratively);

b.

Variances;

c.

Major and minor conditional uses;

d.

Historic designation and the granting or revoking of certificates of appropriateness;

e.

Site-specific rezonings;

f.

"G" zone waivers;

g.

Off-site or shared parking agreements;

h.

Subdivision plats;

i.

Adjustments decided by the planning board;

j.

Appeals from administrative interpretations.

(3)

Administrative.

a.

Site plans for development of properties located in the downtown zone districts;

b.

Site plans described in section IV-501(c) of this zoning code;

c.

Administrative interpretations of the director of neighborhood and development services and administrative interpretations of the director of neighborhood and development services applicable to properties located in the downtown zone districts;

d.

Adjustments decided by the director of neighborhood and development services;

e.

EDCM waivers;

f.

Provisional use permits;

g.

Minor encroachment agreements;

h.

All other permits issued by city staff which do not require a prior public hearing.

(c)

Notice of public hearing. The city auditor and clerk's office shall be responsible for providing the notices described herein.

(1)

Notices of public hearing shall include:

a.

The date, time and place of the hearing;

b.

A summary of the proposal under consideration

c.

A locational map showing the location of the property subject to the application (if applicable).

d.

The address of the subject property shall be provided on the notice of public hearing for all quasi-judicial decisions and for legislative privately initiated future land use map amendments. The address of the property may be provided, but shall not be required, on the notice of public hearing for all other legislative matters.

(2)

Notices of public hearing shall be provided:

a.

For all public hearings, (1) by publication of a copy of the notice in one or more newspapers with general circulation in the city and (2) by sending a copy to neighborhood associations and those additional people who have registered with the office of the city auditor and clerk to receive notice.

b.

For public hearings on all quasi-judicial matters and public hearings on street and right-of-way vacations, development agreements and future land use map amendments, by sending a copy of the notice by mail to each owner of record of any land within 500 feet of the zoning lot(s) to which the application pertains and by sending a copy of the notice by mail to each owner of record of the zoning lot(s) to which the application pertains, if different from the applicant. For purposes of these regulations, the term "owner of record" shall mean the owner as reflected on the most recently published county tax rolls from the county property appraiser. Failure to notify any such property owner as provided in subparagraphs (2)a. and (2)b. shall not invalidate the hearing or subsequent action related thereto.

c.

For site plans (except those approved administratively), variances, major and minor conditional uses, site specific quasi-judicial rezonings, "G" zone waivers, adjustments considered by the planning board and privately initiated amendments to the future land use map, by conspicuously posting, at least ten days prior to a required public hearing, a weatherproof sign(s), provided by the city auditor and clerk's office, at least two by three feet in front surface area, on every roadway frontage of the zoning lot(s) to which the application pertains. Such sign(s) shall not be removed by the city until the conclusion of the public hearing.

d.

For public hearings on legislative rezonings, notice of public hearing shall be provided as required by F.S. § 166.041(3)(c), or its successor, for rezoning ordinances initiated by a municipality.

(3)

Time of notice. Except when additional time for advance notice is required by state statutes all required notices shall be provided at least 15 days prior to the public hearing.

(d)

Examination and copying of application and other documents. All materials submitted in regard to any application for development approval are public records and shall be made available for public inspection and copying.

(e)

Conduct of all public hearings.

(1)

Continuance. The city commission or other applicable city board may continue a public hearing to a specified or unspecified date, time and place. In the event that the continuance is to a specified date, time and place, the specific date, time and place of the continued public hearing shall be publicly announced at the meeting at which the continuance is approved. In the event that the continuance is to an unspecified date, time and place, the city auditor and clerk's office or board secretary shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in the same manner as specified herein.

(2)

Record of hearing.

a.

The city auditor and clerk's office or board secretary shall ensure that the proceedings are recorded by an appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording at any reasonable time or to make copies at his own expense.

b.

The record of the proceedings shall consist of the recording of the testimony, all applications, exhibits and papers submitted in any proceeding with respect to the matter being considered, additional materials required by section IV-201(d) and the staff report prepared by the department of planning and redevelopment.

(3)

Restriction on rehearings. Rehearings may be permitted on any matter after the close of the public hearing only upon a determination by the commission or board within ten days of the hearing that the decision was based upon mistake, fraud or misrepresentation. If rehearing is granted, notice shall be provided in the same manner as the original proceeding.

(4)

Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of these regulations applicable to the body conducting the hearing and its adopted rules of procedure.

(f)

Conduct of quasi-judicial hearings. The provisions of this section are applicable only to public hearings on those matters classified as quasi-judicial under section IV-202(b)(2) above.

(1)

Summary of evidence and disclosure of report. The applicant shall file a disclosure report with the city auditor and clerk's office at the time the application for development approval is filed. The disclosure report shall include the following:

a.

Names and addresses of witnesses the applicant intends to call at the hearing;

b.

The names and addresses of expert witnesses to be used, if any, including a statement of the expert's qualifications;

c.

A summary of the facts to be presented by applicant personally or by use of a witness or expert;

d.

Copies of reports, studies, letters, documentary evidence and summaries of evidence to be used, if any, to the extent there is any change in the disclosure report or summary of evidence, the applicant shall submit supplemental information no later than ten days prior to a scheduled public hearing.

e.

In the event the applicant intends to respond to comments of the DRC or neighborhood input and questions, the applicant shall submit supplemental information no later than ten days prior to a scheduled public hearing.

(2)

Opening matters and preliminary remarks.

a.

The city auditor and clerk's office or board secretary shall describe the application, identify the applicant and other persons to the proceedings, and announce the order of presentation.

b.

Disclosure of ex parte communications to city commission or board members, if any, which shall be made a part of the record.

c.

The city auditor and clerk's office or board secretary shall swear the witnesses unless they were previously sworn as part of the regular public hearing process of the city commission or planning board.

(3)

Presentation of case in chief. The applicant, the city and any other persons may present testimony and documentation to the city commission or planning board. Only the applicant, city and any affected person (as hereinafter defined) may examine witnesses and may conduct cross examination of other persons who provided testimony. Only the applicant, affected persons, and city may provide rebuttal testimony. The city commission, planning board or other board as applicable shall have the authority to decide who is an affected person as defined herein. For purposes of this paragraph, affected person shall mean:

a.

An owner, resident, or other occupant of real property located within 500 feet of the real property which is the subject of the quasi-judicial hearing; the owner's, resident's, or occupant's designated representative or a designated representative of the neighborhood association whose members consist of such owners, residents or occupants. Such distance shall be measured in a straight line from the nearest property boundary of the zoning lot(s) which is the subject of the quasi-judicial hearing to the nearest property boundary of the zoning lot owned or occupied by the affected person. The term designated representative shall mean a person who has written authorization to represent an owner, resident, occupant or neighborhood association. In the case of an owner, resident, or occupant, the authorization shall be signed by said owner, resident or occupant. In the case of a neighborhood association, the authorization shall be signed by an officer or member of the board of directors of the neighborhood association; or

b.

A person who will suffer a negative effect to a protected interest as a result of the quasi-judicial action sought by the applicant. Although the adversely affected interest may be shared in common with the other members of the community at large, the adversely affected interest shall exceed in degree the general interest in community good that is shared by all persons. Examples of such impact may included negative traffic impact resulting from the proposed use with respect to surrounding uses and whether the physical appearance of the proposed use is compatible with the character of surrounding uses.

(4)

Hearing before planning board.

a.

In regard to rezoning, major conditional uses, and "G" zone waivers, the planning board at the conclusion of the public hearing, shall recommend approval, approval with conditions, or denial of the application. Action taken by the planning board to recommend approval or approval with conditions for a major conditional use or "G" zone waiver shall be documented in the form of a resolution containing the legal description of the property to which the application applies, together with the terms of the approval. Such resolution shall be recorded in the public records of the county by the city auditor and clerk.

b.

In regard to site plans and minor conditional uses, the board, at the conclusion of the public hearing, shall grant, grant with conditions, or deny the application, subject to appeal under section IV-505 in regard to site plans and under section IV-905(a) in regard to minor conditional uses. Action taken by the planning board to grant a minor conditional use with or without conditions shall be documented in the form of a resolution containing a legal description of the real property to which the application applies, together with the terms of the minor conditional use approval. Such resolution shall be recorded in the public records of the county by the city auditor and clerk.

(5)

Hearing before city commission.

a.

Site specific quasi-judicial rezonings. The city commission shall review the proposed rezoning, the written staff report and the recommendation of the planning board, and shall approve, approve with conditions, or deny the rezoning and site plan, if any, after a public hearing. Action taken by the city commission to approve a rezoning with or without conditions shall be documented in the form of an ordinance which rezones the subject real property and which shall state with specificity and conditions offered by the applicant and accepted by the city commission pursuant to section IV-1102(b).

b.

Major conditional uses: Upon receipt of the recommendation of the planning board, in the form of a resolution and the written staff report, the city commission, at its option, may affirm the planning board's resolution without a hearing. If the city commission affirms the planning board resolution, the city auditor and clerk shall verify and record, in the public records of the county, the planning board resolution with a notation on the resolution of the date of its affirmation by the city commission. The city commission may also hold a public hearing to consider the application for a major conditional use and grant, grant with conditions, or deny the application. Action by the city commission, at its public hearing, to grant a major conditional use with or without conditions shall be documented in the form of a resolution containing a legal description of the real property to which the major conditional use applies, together with the terms of the major conditional use and any conditions imposed. Such resolution shall be recorded in the public records of the county by the city auditor and clerk.

(6)

The city commission or any other city board which decides quasi-judicial matters may adopt by resolution additional rules for the conduct of quasi-judicial public hearings.

(7)

Contacts outside of hearing. The following provisions relating to ex parte contacts shall govern the conduct of members of the city commission, and other city boards which make quasi-judicial decisions when the city commissioners or board members receive an ex parte communication from a person about the merits of an application outside the quasi-judicial hearing:

a.

If the ex parte communication takes the form of a written communication, the written communication shall be provided to the city auditor and clerk's office, after receipt by the commissioner or board member, and shall be made part of the record in accordance with the procedures outlined in section IV-202(f)(2).

b.

If the communication is oral, the commissioner or board member shall identify the subject of the communication and identify the person, group or entity with whom the communication took place in accordance with the procedures outlined in section IV-202(f)(2).

c.

If the commissioner or board member conducts investigations, makes a site visit or receives expert opinions outside the public hearing, then the existence of the investigation, site visit, or expert opinion shall be made part of the record in accordance with the procedures outlined in section IV-202(f)(2).

(g)

Whenever any application for development approval of a conditional use permit or a rezoning is denied, an application involving the same property shall not be accepted for filing within one year from the date of action by either the planning board or city commission, whichever occurs first, unless upon consideration of all the relevant circumstances, the city commission grants a waiver from this restriction.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4515, § 4, 1-20-04; Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 05-4607, § 4, 3-24-05; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

General requirement. A certificate of concurrency shall be required prior to the issuance of any development approval including those determined to be de minimis, except historic designation, comprehensive plan amendment, certificate of appropriateness, zoning text amendments and street vacations. If a development will require more than one development approval, the issuance of the certificate of concurrency shall occur prior to the issuance of the initial development approval. The director of neighborhood and development services shall be the official signatory of all certificates of concurrency that result from development approvals that require planning board action or zoning approval for the downtown zone districts. The director of neighborhood and development services shall be the official signatory of all certificates of concurrency that result from development approvals that only require issuance of either a zoning approval (not including the downtown zone districts) or building permit.

(b)

De minimis development. If a proposed development relates to land use of such a low intensity as to have a de minimis effect, if any, upon the level of service standards set forth in the Sarasota City Plan, the development shall be exempt from concurrency review as provided below.

(1)

Potable water, wastewater, solid waste, recreation/open space, stormwater management, and public school facilities. Development approvals for single-family dwellings and two-family dwellings shall be deemed de minimis as to all public facilities and services. Development approvals for the addition to or the erection of structures of less than 1,500 square feet utilized for non-residential purposes shall be deemed de minimis.

(2)

Transportation facilities. A de minimis impact is an impact that would not affect more than one percent of the maximum volume at the adopted level of service of the affected transportation facilities as determined by the city, utilizing the 2012 generalized two-way peak hour volumes in the Florida Department of Transportation (FDOT) 2013 Level of Service Handbook. No impact will be de minimis if the sum of existing roadway volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility.

(c)

Purpose. The purpose of the certificate of concurrency process is to ensure the existence of sufficient infrastructure to maintain the levels of service adopted in the comprehensive plan which are impacted by the proposed development.

(d)

Application. An applicant for a development approval shall provide the city with all information required by the city so as to enable the concurrency evaluation to be made, this shall include all of the information required in the methodology for calculating projected demand for certificates of concurrency as detailed in appendix A of these regulations. Official copies of the methodology shall be kept on file in the office of the city auditor and clerk's office and in the department of public works, and shall be available to the general public for inspection and copying.

(e)

Minimum requirements for concurrency. In order to obtain a certificate of concurrency, the following conditions applicable to the particular public facility and service must be satisfied:

(1)

Sanitary sewer, solid waste, drainage, and potable water facilities and supplies:

a.

The development approval is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the necessary facilities and services are in place and available to serve the new development.

b.

At the time the development approval is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, to be in place and available to serve the new development at the time of the issuance of a certificate of occupancy.

c.

Prior to approval of a building permit or its functional equivalent, the city shall consult with applicable water suppliers to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy.

(2)

Parks and recreational facilities:

a.

At the time the development approval is issued, the necessary facilities and services are in place or under actual construction;

b.

A development approval is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the city, or funds in the amount of the developer's fair share are committed; and

1.

The development approval is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction no more than one year after the issuance of a certificate of occupancy as provided in the adopted city five-year schedule of capital improvements;

2.

At the time the development approval is issued, the necessary facilities and services are the subject of a binding executed agreement between the city and a contractor which provides that the necessary facilities and services to serve the new development are to be in place or under actual construction no more than one year after the issuance of a certificate of occupancy; or

3.

At the time the development approval is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220 or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, to be in place or under actual construction no more than one year after issuance of a certificate of occupancy.

(3)

Transportation facilities:

a.

At the time a development approval is issued, the necessary facilities and services are in place or under construction;

b.

At the time a development approval is issued, the necessary facilities and services are the subject of a binding executed agreement between the city and a contractor which provides that the necessary facilities and services to serve the new development are to be in place or under construction no more than three years after the issuance of a certificate of occupancy; or

c.

At the time a development approval is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220 or an agreement or development order issued pursuant to chapter 380, Florida Statutes, to be in place or under actual construction no more than three years after issuance of a certificate of occupancy.

d.

If it is determined that no available transportation capacity exists to serve a proposed development, a legally binding proportionate fair share mitigation agreement may be approved in order to meet the transportation concurrency requirement.

(4)

Public school facilities.

a.

For district-wide concurrency service areas:

1.

At the time the residential development order or permit is issued, the necessary facilities and services are in place or under construction; or

2.

A residential development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under construction not more than three years after permit issuance as provided in the adopted public school facilities program.

b.

For less than district-wide concurrency service areas: If public school concurrency is applied on less than a district-wide basis in the form of concurrency service areas, a residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas and school capacity is available district-wide as defined in F.S. § 163.3180(13)(e).

c.

If it is determined that no available public school capacity exists to serve a proposed residential development, a legally binding proportionate [fair] share mitigation agreement may be approved in order to meet the public school concurrency requirement.

(f)

Credits.

(1)

[Existing structures.] Property with existing structures shall be credited the greater of:

a.

Actual observed trips during periods germane to the traffic impact study (e.g. AM or PM peak hour or peak of use) or

b.

One-half of the number of trips which the last lawfully existing use would have generated utilizing the most recent edition of the ITE Trip Generator Report.

(2)

Demolished structures.

a.

Property upon which a structure was demolished on or before March 13, 1989, is not eligible to be credited with any trips generated by the last lawfully existing use.

b.

Property upon which a structure was demolished after June 4, 2018, shall be credited with one-half the number of trips which the last lawfully existing use would have generated utilizing the most recent edition of the ITE Trip Generation Report. Provided, however, commencing five years from the date the structure was demolished, the number of credited trips shall be reduced by 20 percent each year for the next five years. Therefore, after a period of ten years from the date the structure was demolished, the property would have no remaining credited trips.

c.

Property upon which a structure was demolished after March 13, 1989, but before June 4, 2018, shall be credited with the greater the number of trips which the last lawfully existing use would have been generated utilizing the most recent edition of the ITE Trip Generation Report. Provided, however, commencing five years from the date the structure was demolished, the number of credited trips shall be reduced by 20 percent each year for the next five years. Therefore, after a period of ten years from the date the structure was demolished, the property would have no remaining credited trips.

(g)

Appeals. A denial of a certificate of concurrency may be appealed by the applicant to the planning board. A notice of appeal specifying each and every ground in support of granting the certificate of concurrency shall be submitted by the applicant to the city auditor and clerk's office within 20 days from the date of the written denial of the certificate of concurrency.

(1)

The applicant shall have the burden of proof to establish by the presentation of substantial competent evidence to the planning board:

a.

That there was an error in the technical determination made by the city administration to deny the certificate of concurrency; or

b.

That one or more of the conditions in subsection (e) are satisfied such that the necessary public facilities and services will be available concurrent with the impact of the development.

(h)

Expiration. Except for public school facilities, a certificate of concurrency shall automatically expire simultaneously with the expiration of the development approval to which it applies. In the event that a time extension is granted prior to the expiration of a development approval, then the accompanying certificate of concurrency shall be automatically renewed for the length of the time extension. A certificate of concurrency for public school facilities shall be valid for a period not to exceed two years from final site plan approval. For a finding of available public school capacity to remain valid for a period longer than two years for final site plan approval, a building permit for the development must have been issued prior to the expiration date of a finding of available public school capacity and the building permit must remain valid. The expiration of a finding of available public school capacity shall be cause for a new review of public school capacity for a proposed development.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 08-4819, § 2(att. 1), 7-21-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 18-5243, § 2(Exh. A), 6-4-18)

(a)

General requirement. No building or structure shall be occupied or used until a certificate of occupancy is issued by the building official after a determination that the building has been constructed in accordance with the provisions of any conditional use approval, plat approval or building permit.

(b)

When a certificate is issued. A certificate of occupancy shall be issued for any of the following, after compliance with all provisions of these regulations has been determined:

(1)

Occupancy and use of a building hereafter erected, reconstructed, enlarged, or moved.

(2)

Change in use of an existing building.

(3)

Occupancy and use of vacant land.

(4)

Change in the use of land to a use of a different classification.

(c)

Procedure.

(1)

Application. An application for a certificate of occupancy shall be filed with the building official.

(2)

Action on application. The building official shall inspect the property that is the subject of an application for a certificate of occupancy to determine whether the use of the property and the structures comply in all respects with the provisions of these regulations, including the provisions of any conditional use. If the use and structure does not comply with these regulations or other provisions of the Florida Building Codes, the building official shall deny the application, in writing, setting forth the provisions of these regulations or the Florida Building Codes with which the use or structure does not comply.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

Development permitted as of right is that development which permits uses which are compatible with other land uses in a zoning district provided it is developed in conformity with these regulations.

(1)

General requirement. No building shall be constructed, erected, enlarged, structurally altered, converted or relocated unless zoning approval and a building permit have first been issued by the director of development services.

No structure shall be constructed, erected, enlarged, altered, converted or relocated unless zoning approval and a building permit have first been issued by the director of development services. No use shall be converted to another classification of use unless zoning approval and a building permit, if applicable, have first been issued by the director of development services.

(2)

Basis for issuance.

a.

A zoning approval shall only be issued after the director of neighborhood and development services determines that the proposed development is in compliance with all requirements of these regulations and all other applicable regulations of the city.

b.

A building permit shall only be issued after issuance of zoning approval and after the building official determines that the proposed development is in compliance with all requirements of these regulations and all other applicable regulations of the city.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 19-5275, § 3, 5-20-19)

Applications for zoning approval and building permits shall be filed in the development services department on a form prescribed by the director of development services, along with the fees and charges for building permits and inspections prescribed by section IV-102 of these regulations. An application for a building permit shall include construction plans drawn to scale and evidence of approval of any other development approval required by these regulations.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 19-5275, § 4, 5-20-19)

(a)

Issuance of zoning approval.

(1)

No building, structure, or use may be started, constructed, reconstructed, enlarged, or altered in any way, and no permits, licenses or other approvals therefor may be issued by the city, until the developer or owner shall have obtained approval from the director of neighborhood and development services. The director of neighborhood and development services' approval shall be evidenced by signature on plats, plans, or permit or license applications, or by other appropriate means.

(2)

The director of neighborhood and development services shall indicate approval when in his judgment the proposed use or structure complies with all applicable requirements of this Code.

(3)

Any person aggrieved by a decision of the director of neighborhood and development services may appeal as provided in division 7 of this article.

(b)

Issuance of building permit. If the building official determines that the proposed building or structure is in compliance with these regulations, that all required approvals have been obtained, and that all relevant fees have been paid, he shall issue a building permit.

(c)

Denial of permit. The building official shall deny the application for a building permit if the proposed construction of the building or structure does not meet the applicable provisions required by these regulations.

(d)

Zoning approval or building permit issued in error. A zoning approval or building permit issued in error shall not confer any rights or privileges on the applicant to proceed with construction.

(e)

Conspicuous posting. All zoning approvals and building permits issued by the department of neighborhood and development services shall be conspicuously posted by the applicant on the property for which it was obtained in the manner prescribed by the department.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

After either a zoning approval or a building permit has been issued, no changes or deviations from the terms of the approval, permit or the application and accompanying plans and specifications shall be made without the specific written approval of such changes or deviations by the building, zoning and code enforcement department.

An amendment to a building permit which requires the payment of an additional fee(s), either because of an increase in the size of the building(s), a change in the scope of the work, or an increase in the estimated cost of the proposed work, shall not be approved until the applicant has paid the additional fee(s) and the amendment has been properly reviewed and approved for conformance with the city's regulations.

(Ord. No. 02-4357, 4-29-02)

The department of neighborhood and development services has the authority to revoke and require the return of any zoning approval or building permit by notifying the permit holder, in writing, stating the reason(s) for such revocation. The department may revoke permits for any of the following reasons:

(1)

Any material departure from the approved application, plans, or specifications;

(2)

Refusal or failure to comply with the requirements of these regulations or any other applicable city regulations; or

(3)

False statements or misrepresentations made in securing such permit.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

Statement of intent. The regulations of adult uses, as defined and set forth herein, are enacted pursuant to F.S. ch. 166, the Municipal Home Rule Powers Act, and in the interest of the health, peace, safety, and general welfare of the citizens of the city.

It is the intent of this division to regulate adult uses and thereby promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this division have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this division to restrict or deny access by adults to sexually oriented materials or expression protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(b)

Findings of fact. Based on the findings incorporated in the "Seattle Department of Construction and Land Use Report on Adult Cabarets" (March, 1989), the "Austin City Council Report on Adult Oriented Businesses in Austin" (May, 1986), the "Oklahoma City Community Development Department Survey of Real Estate Appraisers Regarding Adult Entertainment Businesses" (March, 1986), the "Legislative Report of the Houston Committee on the Proposed Regulation of Sexually Oriented Businesses" (November, 1983), the "Beaumont, Texas Planning Department's Report on the Regulation of Adult Uses" (September, 1982), the "Phoenix Planning Department's Adult Business Study" (May, 1979), the "Amarillo, Texas Planning Department's Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo" (September, 1977), and "A Summary of National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the division of Planning, Department of Metropolitan Development, Indianapolis, January 1984, and public testimony on September 19, 1994, and October 3, 1994; and public testimony on June 1, 1998 and June 15, 1998, as well as the findings of the city commission set forth in Ordinance No. 97-4015 adopted on the 15th day of June, 1998, the city commission hereby finds:

(1)

Commercial businesses exist or may exist in the future within the city where books, magazines, motion pictures, videotapes, slides, prints, photographs, films, periodicals, records, novelties and/or devices which depict, illustrate, describe or relate to specified sexual activities or specified anatomical areas are possessed, displayed, exhibited, distributed and/or sold;

(2)

Commercial businesses exist or may exist in the future within the city where:

a.

The skin of one person is manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas and/or by the penetration of the vaginal or anal areas either digitally or by objects;

b.

Dancers, entertainers, performers, or other individuals, who, for any form of commercial gain, model, perform, demonstrate, or are presented while displaying or exposing any specified anatomical area; or

c.

Straddle dancing or lap dancing occurs.

(3)

The activities described in subsections (b)(1) and (b)(2) occur at adult use establishments operating for profit, and, as such, are subject to regulation by the city in the interest of the health, safety, morals and general welfare of the people.

(4)

When the activities described in subsections (b)(1) and (b)(2) are present in adult use establishments within the city other activities which are illegal, immoral, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property.

(5)

When the activities described in subsections (b)(1) and (b)(2) are present in adult use establishments within the city they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote crime, particularly the kinds detailed in subsection (b)(4), and ultimately lead residents and businesses to move to other locations.

(6)

Physical contact within adult use establishments at which the activities described in subsections (b)(1) and (b)(2) occur between employees, agents or independent contractors exhibiting specified anatomical areas, as defined herein, and customers poses a threat to the health of both and promotes the spread of communicable and social diseases.

(7)

Prohibiting adult photographic studios and adult modeling studios would reduce the opportunity for prostitution, and would deter prostitution.

(8)

In order to preserve and safeguard the health, safety, morals, and general welfare of the people of the city, it is necessary and advisable for the city commission to regulate the conduct of owners, managers, operators, agents, employees, independent contractors, entertainers, performers, and customers at adult use establishments where the activities described in subsections (b)(1) and (b)(2) occur.

(9)

The potential dangers to the health, safety, morals, and general welfare of the people of the city posed by allowing an adult use establishment at which the activities described in subsections (b)(1) and (b)(2) occur to operate without first obtaining a permit under this division are so great as to require the permitting of such adult use establishments, prior to their being allowed to operate.

(10)

Straddle dancing or lap dancing does not contain any element of communication, and is therefore conduct rather than expression.

(11)

Straddle dancing or lap dancing in adult use establishments poses a threat to the health of the participants and promotes the spread of communicable and social diseases.

(Ord. No. 02-4357, 4-29-02)

(a)

No adult use establishment or adult business shall be permitted to commence business or otherwise operate without having first been granted an adult use permit pursuant to this division.

(b)

The department of neighborhood and development services is responsible for granting, denying, revoking, renewing, suspending, and canceling adult use permits for proposed or existing adult uses. The department of neighborhood and development services shall ascertain whether a proposed adult use establishment for which a permit application is pending complies with all location requirements of section IV-404, all other requirements of this division, and all applicable zoning regulations.

(c)

Any person desiring to operate an adult use shall file with the department of neighborhood and development services three copies of a sworn permit application on a standard application form supplied by the department of neighborhood and development services and shall pay the non-refundable $972.00 permit fee, as set forth in section IV-406.

(d)

The completed application shall contain the following information and shall be accompanied by the following documents:

(1)

If the applicant is:

a.

An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he or she is 18 years of age;

b.

A partnership, either general or limited, the partnership shall state its complete name, and the names of all partners, general and limited, noting which partners (general or limited) will have either direct, managerial, supervisory or advisory responsibilities for the day-to-day operations of the adult use, and whether the partnership is general or limited, and shall provide a copy of the partnership agreement, if any; or

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing with the state or that it is authorized to do business in the state if it is a foreign corporation, the names and title of all officers and directors, and the names and titles of any officers, directors or stockholders having either direct, managerial, supervisory or advisory responsibilities for the day-to-day operations of the adult use, and the name of the registered corporate agent and the address of the registered office for service of process;

(2)

If the applicant intends to operate the adult business under a name other than that of the applicant, the fictitious name and a certified copy of the applicant's registration with the division of corporations of the department of state under F.S. § 865.09;

(3)

Whether the applicant or any of the other persons required to be listed on the application pursuant to this section has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction;

(4)

Whether the applicant or any of the other persons required to be listed on the application pursuant to this section has had a previous permit issued under this division suspended or revoked. The disclosure shall include the name and location of the adult use establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation;

(5)

Whether the applicant or any of the other persons required to be listed on the application pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation previously issued a permit under this division which was suspended or revoked. The disclosure shall include the name and location of the adult use establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation;

(6)

Whether the applicant or any of the other persons required to be listed on the application pursuant to this section hold any other permits under this division, and if so, the names and locations of such other permitted adult use establishments;

(7)

The single classification of adult use permit for which the applicant is filing;

(8)

The location of the proposed adult use establishment, including a legal description of the property, and the street address;

(9)

The mailing address and residential address of the applicant and any other person required to be listed on the application pursuant to this section;

(10)

A recent photograph of the applicant and any other person required to be listed on the application pursuant to this section, including the officers, directors, and stock-holders of a corporation, as well as all general and limited partners of a partnership;

(11)

The driver's license number or state or federal identification card number and social security number of the applicant and any other person required to be listed on the application pursuant to this section, including the officers, directors, and stockholders of a corporation, as well as all general and limited partners of a partnership;

(12)

A certificate and straight-line drawing prepared by a state-registered land surveyor depicting the property lines of the adult use; structures containing any established existing adult uses regulated by this division within 600 feet of the property to be certified; and the property lines of any established church/synagogue, school, child care facility or residential zoning district within 600 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

(e)

In the event the department of building, zoning and code enforcement determines or learns at any time that the applicant has not properly or totally completed the application for a proposed adult use permit, the department of building, zoning and code enforcement shall promptly notify the applicant in writing of such fact and shall allow the applicant ten working days to properly complete the application. The time period for granting or denying the adult use permit shall be extended by the same number of days granted the applicant to properly complete the application.

(f)

By applying for a permit under this division, the applicant shall be deemed to have consented to the provisions of this division and to the exercise by the department of building, zoning and code enforcement of its responsibilities under this division, including the inspection of an adult use for the purpose of insuring compliance with the law at any time it is occupied or open for business.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

Upon receipt of an application for an adult use permit properly filed with the department of building, zoning and code enforcement and upon payment of the non-refundable application fee, the department of building, zoning and code enforcement shall immediately stamp the application as received. At the conclusion of its review, the department of building, zoning and code enforcement shall indicate on a photocopy of the application its approval or disapproval of the adult use permit, and shall date it, sign it, and, in the event of a disapproval, shall state the reasons therefor.

(b)

The department of building, zoning and code enforcement shall disapprove an application for an adult use permit if it finds that the proposed adult use establishment will be in violation of any provision of any statute, code, ordinance, or regulation in effect within the city.

(Ord. No. 02-4357, 4-29-02)

(a)

No adult use shall be permitted at any location within 600 feet from the nearest property line of any real property zoned RSF-1, RSF-2, RSF-3, RSF-4, RSF-E, RSM-9, RMF-1, RMF-2, RMF-3, RMF-4, RMF-5, RMF-6, RMF-7, RMF-R, or any real property upon which is located any church/synagogue, school, child care center or family day care center. The distance requirements of this subsection shall be measured in a straight line in any direction from each front door of the adult use to the nearest point of the residentially zoned property or the nearest point of the parcel of property upon which any church/synagogue, school, or child care center and family day care center is located.

(b)

No adult use shall be permitted at any location within 600 feet of any other adult use regardless of whether the other adult use is located within the corporate boundaries of the city or in an adjacent jurisdiction. The distance requirements of this subsection shall be measured in a straight line in any direction from each front door of an adult use to each front door of any other adult use.

(c)

Nothing in this section shall be construed to permit or authorize the operation of any business or the performance of any activity prohibited under any other section of this division. Additionally, nothing in this section shall be construed to authorize, allow or permit the establishing of any business, the performance of any activity, or the possession of any item, which is obscene under judicially established definitions of obscenity.

(Ord. No. 02-4357, 4-29-02)

(a)

The department of building, zoning and code enforcement shall grant or deny an application for an adult use permit within 45 days from the date of its proper filing. If no ruling has been made, upon the expiration of the 45th day or if the 45th day is a Saturday, Sunday, or holiday, upon expiration of the following working day, the applicant shall be permitted to begin operating the adult use establishment for which an adult use permit is sought. In the event the department of building, zoning and code enforcement has not granted or denied the application for an adult use permit within the 45-day period as defined herein, the application shall be deemed to have been granted. Such applicant shall be subject to all of the provisions of this division. Furthermore, in the event any adult use establishment, or an applicant therefor, seeks a variance pursuant to any provision of this zoning code, the final city decision as to the request for a variance shall be made within 90 days of the submission of a complete application for said variance.

(b)

Grant of application for permit:

(1)

If there are no grounds requiring denial, the department of building, zoning and code enforcement shall grant the application for an adult use permit; notify the applicant in writing of that action, and shall issue the adult use permit to the applicant upon payment of the appropriate annual permit fee required by section 5-42.5.

(2)

The adult use permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult business. The adult use permit shall be granted by the department of building, zoning and code enforcement for one single classification of adult use only. No adult use permit shall encompass or allow greater than one adult use at an adult use establishment. The permit shall be posted in a conspicuous place at or near the entrance to the adult use establishment so that it may be easily read at any time. The adult use permit and the site specified therein shall be personal to the adult use permittee(s) named in the permit, and the permit may not be transferred to any other person, except as provided for in section IV-416 an adult use permit may not be transferred to another location.

(c)

Denial of application for permits:

(1)

The department of building, zoning and code enforcement shall deny the application for an adult use permit for any of the following reasons:

a.

The application contains material false information;

b.

The applicant, or any other person required to be listed on the application, has been granted an adult use permit under this division which has been suspended or revoked;

c.

The granting of the application would violate a statute, ordinance, or court order; or

d.

An applicant, or any other person required to be listed on the application, has been convicted of a specified criminal act for which:

1.

Less than two years has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2.

Less than five years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.

Less than five years has elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. In the event a person has received a withhold of adjudication as part of a sentence imposed for commission of a specified criminal act, or other criminal act referenced in this division, same shall be considered a conviction as that term is used in this division.

(2)

If the department of building, zoning and code enforcement denies the application for an adult use permit, the department of building, zoning and code enforcement shall notify the applicant of the denial by certified mail or hand delivery, and shall state the reason(s) for the denial.

(3)

If a person applies for an adult use permit at a particular location within a period of nine months from the date of denial of a previous application for an adult use permit at the same location, and there has not been an intervening change in the circumstances material to the decision regarding the former reason(s) for denial, the application shall be rejected with no further investigation required.

(Ord. No. 02-4357, 4-29-02)

In order to defray the administrative and inspection costs associated with this division, there is hereby levied an initial permit fee for adult uses in the sum of $972.00. The fee to renew an adult use permit shall be $367.20, in order to defray the expenses of processing the renewal application and inspections related thereto. All permit fees are nonrefundable and are subject to modification by ordinance of the city commission.

(Ord. No. 02-4357, 4-29-02)

(a)

An applicant or adult use permittee shall allow representatives of the department of public safety, the department of building, zoning and code enforcement, and the county health department to inspect an adult use establishment for the purpose of insuring compliance with this division or any other provision of law, at any time the adult use establishment is occupied or open for business.

(b)

It shall be unlawful for any person who operates an adult use, their agents, employees or independent contractors, regardless of whether or not a permit has been issued for said business under this division, to refuse to permit the inspection of the adult use establishment at any time that it is occupied or open for business.

(Ord. No. 02-4357, 4-29-02)

Each adult use permit shall expire one year from the date of issuance and may be renewed only by the adult use permittee making application for renewal in the manner provided for in section IV-402. An application for renewal shall be made at least 30 days before the expiration date of the permit. If made less than 30 days before expiration, the renewal application shall be processed, but the expiration of the existing permit shall not be stayed. Upon expiration, the adult use shall cease operating until a renewal permit is granted in the regular course of business. If a renewal permit is denied, the applicant shall be granted a permit when the grounds for denial have been eliminated.

(Ord. No. 02-4357, 4-29-02)

(a)

In the event the department of building, zoning and code enforcement learns or finds upon sufficient cause that a permitted adult use is operating in violation of any code, ordinance, law or regulation, or zoning provision, whether state or local, the department of building, zoning and code enforcement shall promptly notify the adult use permittee of the violation. Notice shall be given in writing, by hand delivery, or certified mail. The adult use permittee shall have a 14-day period including weekends and holidays, from the date of mailing the certified notice or date of hand delivery, in which to correct the violation. If the adult use permittee fails to correct the violation before the expiration of the 14-day period, the department shall forthwith suspend the adult use permit, and shall notify the adult use permittee of the suspension. The adult use shall not operate as an adult use during suspension of its permit. The suspension shall remain in effect until the department finds that the violation has been corrected. Within 24 hours of receipt of notice that the violation(s) requiring the suspension have been corrected, the department of building, zoning and code enforcement shall provide written notice to the adult use permittee that the suspension is lifted.

(b)

In the event the department of building, zoning and code enforcement learns or finds, upon sufficient cause, that a adult use permittee has engaged in a permit transfer contrary to the requirements of section IV-416, the department of building, zoning and code enforcement shall forthwith suspend the adult use permit, and notify the adult use permittee of the suspension in the manner provided for in (a) above. The suspension shall remain in effect until the department of building, zoning and code enforcement is satisfied that all requirements of section IV-416 have been met.

(Ord. No. 02-4357, 4-29-02)

(a)

The department of building, zoning and code enforcement shall revoke an adult use permit when cause to suspend the permit under the provisions of section IV-409 has occurred and the permit has been previously suspended within the preceding 12 months.

(b)

The department of building, zoning and code enforcement shall revoke a permit upon determining that, with reference to the adult use:

(1)

A permit was granted based upon material false information, misrepresentation of material fact, or mistake of fact or law;

(2)

A adult use permittee or an employee, agent or independent contractor thereof has knowingly allowed possession, use, or sale of controlled substances by an employee, agent or independent contractor or patron on the premises, which possession, use, or sale has resulted in a conviction;

(3)

A adult use permittee or an employee, agent or independent contractor thereof has knowingly allowed an employee, agent, independent contractor or patron to engage in prostitution on the premises, which prostitution has resulted in a conviction;

(4)

A adult use permittee or an employee, agent or independent contractor thereof knowingly operated the adult use during a period of time when the adult use permittee's permit was suspended;

(5)

A adult use permittee has been convicted of a specified criminal act for which the time period required in section IV-405(c)(1)d. has not elapsed; or

(6)

On two or more occasions within a 12-month period, a person or persons committed a specified criminal act in or on the permitted premises for which a conviction has been obtained, and the person or persons were owners, employees, agents or independent contractors of the adult use at the time the offenses were committed.

(c)

The fact that a conviction is being appealed shall have no effect on the revocation of the permit. In the event a person has received a withhold of adjudication as part of a sentence imposed for commission of a specified criminal act, or other criminal act referenced in this division, same shall be considered a conviction as that term is used in this division.

(d)

When the department of building, zoning and code enforcement revokes an adult use permit, the revocation shall continue for one year and the adult use permittee if an individual; any general or limited partner, if the adult use permittee is a partnership; and any officer, director, or stockholder, if the adult use permittee is a corporation, shall not be issued an adult use permit for one year from the day revocation became effective. If, subsequent to revocation, the department of building, zoning and code enforcement finds that the basis for revocation has been corrected or abated, the applicant may be granted an adult use permit. If the permit was revoked because of the conviction of a adult use permittee under subsection (b)(5) of this section, an applicant may not be granted another permit until the number of years set by section IV-405(c)(1)d. has elapsed.

(Ord. No. 02-4357, 4-29-02)

Each adult use establishment shall opaquely cover each non-opaque area through which a person outside may otherwise see inside the adult use establishment.

(Ord. No. 02-4357, 4-29-02)

(a)

A person who operates or causes to be operated an adult video store or an adult bookstore, which offers in-store viewing booths for the use of its patrons, shall comply with the following requirements:

(1)

Upon application for an adult use permit, the application shall be accompanied by a diagram of the premises showing the plan thereof, specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be allowed. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the adult use permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The department of building, zoning and code enforcement may waive the requirement of a new diagram for renewal applications if the applicant certifies that a diagram previously submitted is still the existing configuration of the premises.

(2)

The application shall be sworn by the applicant to be true and correct.

(3)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the department of building, zoning and code enforcement.

(4)

It is the duty of the owners and operator of the adult use establishment to insure that at least one employee, agent or independent contractor is on duty and situated at each manager's station at all times that any patron is present inside the premises.

(5)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station to every area of the premises where any patron is allowed access for any purpose, excluding restrooms. Restrooms may not contain video equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view to each area of the premises where any patron is allowed access for any purpose from at least one of the manager's stations. The required view must be by direct line of sight from the manager's station.

(6)

It shall be the duty of the owners and operators of the adult use, and it shall also be the duty of any agents, independent contractors and employees present on the premises to insure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be allowed per the application filed pursuant to subsection (1) of this section.

(7)

No viewing room may be occupied by more than one person at any one time.

(8)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are allowed access at an illumination of not less than one foot-candle as measured at the floor level.

(9)

It shall be the duty of the owners and operators of the adult use, and it shall also be the duty of any agents, independent contractors and employees present on the premises, to insure that the illumination described above is maintained at all times when any patron is present on the premises.

(Ord. No. 02-4357, 4-29-02)

(a)

It shall be a violation of this division for any person to allow an adult use to remain open for business, or to permit any employee, agent or independent contractor of an adult business to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 8:00 a.m. of any particular day.

(b)

It shall be a violation of this division for any employee, agent or independent contractor of an adult use to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 8:00 a.m. of any particular day.

(c)

Provisions (a) and (b) above apply regardless of whether the employees, agents or independent contractors are fully clothed after 2:00 a.m.

(Ord. No. 02-4357, 4-29-02)

(a)

It shall be unlawful for any person to operate or for any person to be an operator, employee, agent or independent contractor of an adult use establishment where the business entity, adult use permittee, or persons know or should know:

(1)

That the adult use establishment does not have an adult use permit for any applicable classification;

(2)

That the adult use establishment has an adult use permit which is under suspension;

(3)

That the adult use establishment has an adult use permit which has been revoked or canceled; or

(4)

That the adult use establishment has an adult use permit that has expired.

(b)

It shall be unlawful for an operator of an adult use establishment or an employee, agent or independent contractor of an adult use establishment, regardless of whether it is permitted under this division, to knowingly or with reason to know, permit, suffer, or allow any employee, agent or independent contractor of an adult use establishment:

(1)

To engage in a straddle dance or lap dance with a person at the adult use establishment;

(2)

To contract or otherwise agree with a person to engage in a straddle dance or lap dance with a person at the adult use establishment;

(3)

To engage in any specified sexual activity at the adult use establishment;

(4)

To display or expose any specified anatomical area at the adult use establishment;

(5)

To engage in a private performance at the adult use establishment; or

(6)

To intentionally touch the human genitals, pubic region, buttocks or female breasts, whether clothed or unclothed, at the adult use establishment.

(c)

It shall be unlawful for any person in an adult use establishment to display or expose any specified anatomical area.

(d)

It shall be unlawful for any person in an adult use establishment to intentionally touch the clothed or unclothed breast of any female employee, agent or independent contractor, or to touch the clothed body of any employee, agent or independent contractor at any point below the waist and above the knee of the employee, agent or independent contractor.

(Ord. No. 02-4357, 4-29-02)

Any person aggrieved by a decision of the department of building, zoning and code enforcement relating to an adult use permit may appeal to the circuit court for the county by filing a petition for writ of certiorari as provided under the Florida Rules of Appellate Procedure.

(Ord. No. 02-4357, 4-29-02)

(a)

An adult use permittee shall not transfer an adult use permit to another person, and thereby surrender possession, control, and operation of the permitted adult use establishment to such other person, unless and until the proposed transferee satisfies the following requirements:

(1)

Obtains from the department of building, zoning and code enforcement an amendment to the adult use permit which provides that the transferee is now the adult use permittee, which amendment may be obtained only if the proposed transferee has completed and properly filed an application with the department of building, zoning and code enforcement setting forth the information required by section IV-402 and the application has been granted by the department of building, zoning and code enforcement pursuant to section IV-402; and

(2)

Pays a transfer fee of $124.20 to cover the administrative costs associated with this division.

(b)

No adult use permit may be transferred when the department of building, zoning and code enforcement has notified the adult use permittee that suspension or revocation proceedings have been, or will within a specified time be, brought against the adult use permittee.

(c)

An adult use permittee shall not transfer an adult use permit to another location.

(d)

Any attempted transfer of an adult use permit, either directly or indirectly, in violation of this section is hereby declared void, and the permit shall be deemed abandoned and shall automatically revert to the department of building, zoning and code enforcement.

(Ord. No. 02-4357, 4-29-02)

No adult use permittee or operator of an adult use may change the name of the business unless and until he/she satisfies each of the following requirements:

(1)

Provide the department of building, zoning and code enforcement with 30 days' advance notice, in writing, of the proposed name change;

(2)

Pays the department of building, zoning and code enforcement a $10.80 change of name fee to cover administrative costs associated with the name change process; and

(3)

Complies with F.S. § 865.09.

(Ord. No. 02-4357, 4-29-02)

(a)

Any adult bookstore/video store, adult theater, or physical culture establishment lawfully operating at its existing location on the 15th day of June, 1998, which is not in conformity with the location requirements of section IV-404 shall be deemed a nonconforming use and the following shall apply:

(1)

Such nonconforming use shall be allowed to continue operating for a period not to exceed two years after the 7th day of December, 1998.

(2)

An adult bookstore/video store, adult theater, or physical culture establishment which is nonconforming as to location shall obtain an adult use permit within 45 days after the 15th day of June, 1998, which will be valid for 365 days thereafter. The nonconforming adult bookstore/video store, adult theater, or physical culture establishment shall also obtain renewal permits pursuant to this division. The final renewal permit issued to the nonconforming adult bookstore/video store, adult theater, or physical culture establishment shall expire on the date set forth in section IV-418(a)(1), above.

(3)

If the operation of the adult use is terminated for any reason, except when governmental action impedes access to the adult use for a period of more than nine consecutive months at any time, the adult use shall no longer be deemed to have nonconforming use status but shall be deemed to have ceased to exist and terminated. If the nonconforming use shall have terminated as described in this subsection at any time, the adult bookstore/video store, adult theater, or physical culture establishment shall no longer be a lawful nonconforming use and shall be regarded as operating in violation of this division. The adult business shall cease operations as an adult use. Termination shall mean the voluntary or involuntary cessation of business operations for a period of 30 consecutive days or more.

(4)

A nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(5)

After the two-year period set forth in section IV-418(a)(1), above, has expired, the adult use shall cease to be a lawful nonconforming use and shall be regarded as operating in violation of this division. The adult use shall cease operations as an adult use. If two or more adult uses are within 600 feet of one another but are otherwise in a permissible location, the adult use which was first established and continually operating at its particular location shall be deemed the conforming use. The later established business shall be deemed nonconforming.

(b)

A lawfully operating adult use for which an adult use permit has been granted or renewed shall not become a nonconforming use should a church/synagogue, school, child care center or family day care center, or residentially zoned property be established or located within the prohibited distances specified in section IV-404 hereof after the adult use permit has been granted or renewed. This provision does not apply when an application for a permit is submitted after a permit has expired or has been revoked, in which case the permit shall not issue because of the inability of the adult use to meet minimum distance requirements.

(c)

In-store viewing booths contained in adult bookstores/video stores which are otherwise lawful as of the 15th day of June, 1998 and which are not in conformity with the requirements of section IV-412 must conform or be removed within 90 days after the effective date of this division, i.e., June 15, 1998.

(d)

Adult photographic studios or adult modeling studios which are otherwise lawful as of the 15th day of June, 1998 and which are not in conformity with the requirements of this division must conform or be removed within 90 days after the 15th day of June, 1998.

(Ord. No. 02-4357, 4-29-02)

(a)

Any person who fails or refuses to obey or comply with or violates any of the provisions of this division shall be guilty of a municipal code violation and shall be punished in accordance with section 1-11, Sarasota City Code. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense.

(b)

Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or situation of non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

(c)

Further, nothing in this section shall be construed to prohibit the city from prosecuting any violation of this Code in a proceeding before the special magistrate, who shall have jurisdiction with respect to the regulations contained in this division.

(d)

All remedies and penalties provided for in this section shall be cumulative and independently available.

(e)

The following exemptions shall apply. When the conduct of exposing or displaying specified anatomical areas cannot legally be prohibited by this division:

(1)

Because it constitutes a part of a bona fide live communication, demonstration, or performance by a person wherein such exposure or display of specified anatomical areas is expressive conduct incidental to and necessary for the conveyance of communication of a genuine message or public expression and it is not a mere guise or pretense utilized to exploit the conduct of displaying or exposing specified anatomical areas for profit or commercial gain (see for instance Board of County Commissioners v. Dexterhouse, 348 So.2d 916 (Fla. 2 Dist. 1977) and as such is protected by the United States or Florida Constitution; or

(2)

Because it is otherwise protected by the United States or Florida Constitution.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

By holding an adult use permit under this division, the adult use permittee shall be deemed to have consented to the provisions of this division and to the exercise by all city, federal, and state departments, agencies, officers, agents and employees of their respective responsibilities under this division or other applicable laws.

(Ord. No. 02-4357, 4-29-02)

The city, the city commission, all city departments, and the employees, agents or independent contractors of the city charged with enforcement of state and local laws and codes shall be immune from prosecution, civil, or criminal, for reasonable, good faith trespass upon an adult use establishment while acting within the scope of authority conferred under this division.

(Ord. No. 02-4357, 4-29-02)

Any notice required or furnished under this division may be accomplished by sending a written notification by certified mail to any mailing address disclosed on the permit application. Said mailing address shall be considered the correct mailing address unless the department of neighborhood and development services is otherwise notified in writing by certified mail. Alternatively, any notice required or furnished under this division may be accomplished by hand delivery.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The provisions of this division shall prevail in case of conflict with the provisions of any other city ordinance, rules or regulations.

(Ord. No. 02-4357, 4-29-02)

Ordinances in conflict herewith are hereby repealed to the extent of such conflict, provided, however, Ordinance No. 92-3599, finally adopted on July 20, 1992, and Ordinance No. 93-3649, finally adopted on February 1, 1993, shall remain in full force and effect. Ordinance No. 92-3599 prohibits nudity, as defined therein, in alcoholic beverage establishments. Ordinance No. 93-3649 prohibits nudity, as defined therein, in business and commercial establishments, as specified therein.

(Ord. No. 02-4357, 4-29-02)

(a)

Purpose. The purpose of site plan review is to ensure that development is carried out in compliance with these regulations. In addition, a site plan both describing and portraying both existing and proposed conditions of the zoning lot(s) and the proposed new development is required so that the approving authority can make an informed decision.

(b)

Applicability. Site plan approval, whether at a public hearing or administrative, is required prior to the issuance of a building permit for any buildings other than single family and two family dwellings.

(c)

Administrative site plans. Unless the site plan is proferred as part of a rezoning application or is submitted in connection with a conditional use request, or on property in the "G" zone district, or processed as provided in section IV-1901 (downtown zone districts), the department of development services is authorized to administratively review and approve the following site plan applications.

(1)

New residential development, except as noted in (b) above, that cumulatively results in fewer than eight units.

(2)

Additions to existing residential units, except as noted in (b) above.

(3)

New commercial developments that cumulatively result in:

a.

Less than 10,000 square feet of gross floor area if not within 100 feet of a residential zoning district.

b.

Less than 5,000 square feet of gross floor area if within 100 feet of a residential zoning district.

(4)

Additions to commercial developments that cumulatively result in:

a.

Less than 5,000 square feet of gross floor area if not within 100 feet of a residential zoning district and the addition does not result in the building being larger than 10,000 square feet of gross floor area.

b.

Less than 5,000 square feet of gross floor area if within 100 feet of a residential zoning district and the addition does not result in the building being larger than 5,000 square feet of gross floor area.

(5)

Notwithstanding the provisions of subsection IV-501(c)(4)a and b above, one addition to a commercial development totaling 500 square feet or less may be administratively approved once each five calendar years.

(d)

Other site plans. All other applications for site plan approval exceeding the thresholds set out in subsection (c) above and pertaining to properties located outside of the downtown zone districts shall be reviewed and approved or denied by the planning board. (See new subsection f.)

(e)

Site plans proferred as part of a rezoning application. For all site plans proffered as part of a rezoning application, the site plan shall be reviewed and approved or denied in accordance with the procedure set forth in article IV, division 11, as part of the rezoning application. The approval or denial shall be based on the criteria set forth in section IV-506.

(f)

Site plans submitted with a conditional use application. If the site plan application is for a use that requires a conditional use approval, the site plan shall be reviewed and approved or denied in accordance with the procedure set forth in article IV, division 9, as part of the conditional use application. The approval or denial shall be based on the criteria set forth in section IV-506.

(g)

Site plans for development of property located in the G zone district. If the site plan application is for development of property located in the G zone district, the site plan shall be reviewed by the planning board in accordance with the procedure set forth in article IV, subsection 504(d) and shall be reviewed and approved or denied by the city commission in accordance with the procedure set forth in article IV, section 505.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, § 6, 1-21-03; Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 04-4573, § 22, 6-20-05; Ord. No. 09-4890, § 2(att. 1), 10-19-09; Ord. No. 11-4962, § 2(att. 1), 6-6-11; Ord. No. 19-5275, § 5, 5-20-19)

An application for site plan approval shall be accompanied by the information and documentation required by administrative regulation. An application for site plan approval may incorporate into the site or building design the advisory community design guidelines (see appendix D).

(Ord. No. 02-4357, 4-29-02)

(a)

Administrative site plans. The building, zoning and code enforcement department shall review the proposed site plan. As part of their review, the building, zoning and code enforcement department may seek review comments and recommendations from the DRC, as appropriate. The building, zoning and code enforcement department shall determine if the proposed site plan satisfies the site plan approval criteria in section IV-506 and shall grant, grant with conditions, or deny the application for site plan approval, subject to appeal under section IV-504 to the planning board.

(b)

Other site plans. After an application is determined sufficient, the DRC shall review the application for development approval, the comments of all members of the DRC and may provide comments as to whether and to what extent the site plan application incorporates the advisory community design guidelines. The planning department shall review the application for site plan approval and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application.

(c)

Technical deviations. Prior to the final consideration of a site plan application, the city manager may issue written technical deviations from the EDCM. Such deviations must be based upon review of a detailed study prepared by a professional engineer which demonstrates why the technical deviations will result in preferable environmental or design impacts.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4514, § 3, 1-20-04; Ord. No. 04-4573, § 3, 6-20-05)

(a)

Administrative site plans. If an appeal by an aggrieved person of a decision of the building, zoning and code enforcement department relating to a site plan is filed with the city auditor and clerk's office within ten days of the department's decision, the planning board shall hold a public hearing to consider the appeal and grant, grant with conditions or deny the application. The decision of the planning board is final.

(b)

Other site plans neither related to proffered rezoning applications, or submitted in connection with a major conditional use application, nor located in a "G" zone district. The planning board shall hold a public hearing to review the site plan application and the written staff analysis and shall determine whether the proposed development meets the site plan approval standards and grant, grant with conditions or deny the application for site plan approval, subject to appeal under section IV-505 to the city commission.

(c)

Site plans proffered as part of a rezoning application, submitted in connection with a major conditional use application, or located in a "G" zone district or site plans within the downtown residential overlay district filed pursuant to section VI-906(d). The planning board shall hold a public hearing on an application for site plan approval proffered as part of a rezoning application, submitted in connection with a major conditional use application, located in a "G" zone district or site plans within the downtown residential overlay district filed pursuant to section VI-906(d), and recommend to the city commission the approval, approval with conditions or denial of the site plan application.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4505, § 5, 1-20-04; Ord. No. 04-4573, § 22, 6-20-05)

(a)

Site plans not a part of a proffered rezoning application, not submitted with a major or minor conditional use application and not for a proposed development in a G zone district. If an appeal by an aggrieved person of a decision of the planning board relating to a site plan described in this subparagraph is filed with the city auditor and clerk's office within ten days of the board's decision, the city auditor and clerk shall schedule the appeal before the city commission by placing the item on their agenda. The request to hear the appeal must be approved by a super majority vote. If the appeal is allowed, the city auditor and clerk will schedule the hearing and the commission shall consider the appeal and grant, grant with conditions or deny the site plan request.

(b)

Site plans proffered as part of a rezoning application, site plans submitted with a major conditional use application, site plans associated with appeals of minor conditional uses or site plans for proposed development located in a G zone district.

The city commission shall, in accordance with the provisions of section IV-202, review the proposed site plan, the written staff analysis and the recommendation of the planning board, and shall approve, approve with conditions or deny all applications for site plan approval described in this subparagraph after a public hearing.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4505, § 6, 1-20-04; Ord. No. 04-4547, § 2, 6-7-04; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

In reaching a decision as to whether or not the site plan, as submitted, should be approved, approved with changes, approved with conditions or disapproved, the building, zoning and code enforcement department, planning board and the city commission shall consider the extent to which the application is consistent with these regulations, any conditions imposed by approval of a rezoning or conditional use, generally accepted site design principles and the extent to which the development furthers the goals and purposes of these regulations. In the event of an appeal, the planning board or the city commission may impose conditions on approval of a proposed development.

The building, zoning and code enforcement department, planning board and city commission shall use and be guided by the following criteria in the exercise of their discretion when evaluating a site plan submission:

(1)

Whether the proposed development, design and layout are in keeping with the intent and specific standards and criteria prescribed in pertinent sections of the land development regulations;

(2)

Whether, on balance, the proposed development, design and layout are compatible with the Sarasota City Plan, as amended;

(3)

Whether the required information has been furnished in sufficiently complete and understandable form to allow an accurate description of the proposed use(s) and structure(s) in terms of density, location, area, height, bulk, placement, setbacks, architectural design, performance characteristics, parking, and traffic circulation;

(4)

Whether there are ways in which the configuration of the development (e.g. location of use(s); intensity; density; scale; building size, mass, bulk, height and orientation; lot coverage; lot size/configuration; architecture; screening; buffers; setbacks; signage; lighting; traffic circulation patterns; loading area locations; operating hours; noise; odor; and other factors of compatibility) can be changed which would mitigate or improve the effect of the development on adjoining and nearby properties and on the community.

(5)

Whether the proposed development, design and layout has made adequate provisions for vehicular and pedestrian access, safety, and traffic circulation (both internal and external to the project), in addition to the requirements of section IV-203 pertaining to concurrency certificates;

(6)

Whether the proposed development, design and layout has made adequate provision for parking and loading and unloading areas; and

(7)

Whether the proposed development, design and layout has preserved the natural features and characteristics of the land; including but not limited to the regard given to existing large trees, natural groves, watercourses, and similar natural features that would add attractiveness to the property and environs if they were preserved, natural drainage systems, natural buffering, and the use of other techniques for the preservation and enhancement of the physical environment.

(8)

The city commission shall have sole discretion in determining whether the development standards proposed in association with any site plan for an attainable housing project located on G zoned property are consistent with the Sarasota City Plan, will be beneficial to and compatible with surrounding uses, and shall make such findings as a part of any site plan approval. However, attainable housing projects may not be located in existing parks.

(Ord. No. 02-4357, 4-29-02; Ord. No. 07-4770, § 2, 12-17-07)

Approval of a site plan shall authorize the applicant to apply for the issuance of a building permit.

(Ord. No. 02-4357, 4-29-02)

(a)

Minor revisions to site plan. The director of development services is authorized to allow minor revisions to an approved site plan requiring planning board or city commission approval after receipt of comments from the DRC and to authorize the issuance of a building permit for construction in accordance with the revised site plan. A minor revision is one which:

(1)

Does not substantially alter the location of any points of access to the site;

(2)

Does not change the use of the property;

(3)

Does not increase the density or intensity of the development to occur on the property;

(4)

Does not result in a reduction of previously approved open space or setback landscaping area by more than ten percent;

(5)

Does not result in a change of building location by more than ten percent;

(6)

Is consistent with the general intent and purpose of these regulations and does not have any effect whatsoever on the initial determination of consistency of the site plan with the Sarasota City Plan, and will not affect or alter any finding or conclusion of compatibility;

(7)

Does not result in a substantial modification or the cancellation of any condition placed upon the site plan as originally approved;

(8)

Does not substantially change the external traffic pattern;

(9)

Does not add additional property to the site;

(10)

Does not increase the impervious area of the site by more than ten percent; or

(11)

Does not increase the height of the building(s) except for an increase of up to 25 percent in the height of rooftop appurtenance allowed by subsection VI-102(p).

(12)

In addition to criteria (1) through (10), does not increase the floor area by more than 500 square feet for any individual dwelling unit, inclusive of any accessory structure, in any attainable housing project located in a G zone.

(b)

Major revisions to site plans. If the requested modification to an approved site plan is determined by the director of development services not to be a minor revision, the request shall be processed in the same manner as the original approval.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 22, 6-20-05; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 21-5364, § 2(Exh. A), 5-18-21; Ord. No. 22-5414, § 2(Exh. A), 5-16-22)

(a)

Expiration. Site plan approval shall expire two years after the date of the action granting such approval if a building permit for construction on the site has not yet been issued. When an approved site plan incorporates approved conditional uses, such conditional uses will also expire upon the expiration of the site plan.

(b)

Extension. Upon application submitted to the city auditor and clerk's office at least 30 calendar days prior to the expiration of the site plan approval, and after receiving the recommendation of the director of neighborhood and development services, the city manager may grant a one-time extension of the site plan approval for up to two additional years. No additional extensions are permitted. The application for the extension of the site plan shall demonstrate compliance with approval criteria (1), (2), or (3) below.

(1)

The application contains evidence satisfactory to the city manager that the applicant has made reasonable efforts to develop the documents needed to make an application for a building permit and has taken reasonable steps to secure any other development approvals that may be needed from other permitting authorities to allow for the submission of a building permit application; or

(2)

The application contains evidence satisfactory to the city manager establishing that the applicant has, since the date of the site plan approval, made significant and substantial expenditures or incurred significant and substantial obligations in reliance on the approval and in furthering and proceeding with the development, or

(3)

The delay in proceeding with the commencement of the development resulted from "force majeure" or "Act of God" and not acts or omissions of the applicant.

The burden of proof is on the applicant to show that the evidence is satisfactory and no guarantee is made for approval of the extension.

(c)

Appeal. The denial by the city manager of an application to extend the site plan approval may be appealed to the city commission by filing such appeal with the city auditor and clerk's office no later than ten calendar days after the city manager's written decision. The application shall include the grounds for the appeal.

(d)

Exception. This section shall not apply to a site plan approval which is subject to or governed by an enforceable development agreement pursuant to article IV, division 15 of this zoning code.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 22, 6-20-05; Ord. No. 08-4819, § 2(att. 1), 7-21-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The board of adjustment is hereby authorized to grant such variances from the literal terms of these regulations where there are practical difficulties or unnecessary hardships so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. However, the board of adjustment and special magistrate shall not be authorized to grant variances from the terms of these regulations that pertain to the matters identified in section III-301.B.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 08-4819, § 2(att. 1), 7-21-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 09-4890, § 2(att. 1), 10-19-09; Ord. No. 11-4962, § 2(att. 1), 6-6-11; Ord. No. 20-5310, § 2(Exh. A), 1-21-20)

In addition to the general application requirements set forth in administrative regulations, an application for a variance shall be accompanied by documentation that establishes how the applicant meets the criteria of section IV-606.

In those cases where the proposed development of property requires additional development approvals as well as a variance(s) to be granted by the board of adjustment, an applicant shall file all the petitions simultaneously. However, in such event, the variance application shall always be acted upon first and shall be conditioned upon final approval of the other applications.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4471, § 4, 6-16-03; Ord. No. 04-4573, § 4, 6-20-05)

The building, zoning and code enforcement department shall review the application for the variance and may request comments of members of the DRC, and shall prepare a written staff analysis of the issues raised by the application.

(Ord. No. 02-4357, 4-29-02)

(a)

A public hearing shall be held by the board of adjustment on an application for a variance.

(b)

The board of adjustment shall make findings that the criteria of these regulations have or have not been satisfied by the applicant for a variance.

(c)

Action taken by the board of adjustment to grant a variance or to grant a variance with conditions or safeguards shall be documented in the form of a resolution containing a legal description of the real property to which the variance applies, together with the terms of the variance, and any additional conditions or safeguards imposed. Such resolutions shall be recorded in the public records of the county by the city auditor and clerk's office.

(d)

Action taken by the board of adjustment to deny a variance shall be documented in the form of a letter of notification issued by the director of neighborhood and development services and shall include the findings of fact to support the denial.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

In the event a petition for a variance is referred to a special magistrate for a hearing de novo, under the provisions of section III-303(d), the special magistrate assigned to hear the petition shall conduct a public hearing thereon, and make a final administrative decision based upon the standards for review set forth in section IV-606.

(b)

The special magistrate shall make findings of fact that the criteria of these regulations have or have not been satisfied by the applicant for a variance.

(c)

Action taken by the special magistrate to grant a variance or to grant a variance with conditions or safeguards shall be documented in a final order containing a legal description of the real property to which the variance applies, together with the terms of the variance, and any additional conditions or safeguards imposed. The final order shall be recorded in the public records of Sarasota County by the city auditor and clerk's office.

(d)

Action taken by the special magistrate to deny a variance shall be documented in a final order executed by the special magistrate and served upon the petitioner.

(Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 08-4819, § 2(att. 1), 7-21-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

Editor's note— Ord. No. 03-4430, § 4, adopted Jan. 21, 2003 added a new section IV-605 and renumbered former sections IV-605—IV-607 as new sections IV-606—IV-608.

(a)

An adult use establishment or expansion of a use which is not permitted or conditionally permitted by these regulations shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts.

(b)

A variance from the terms of these regulations shall not be granted by the board of adjustment unless:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

(2)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these regulations and would cause unnecessary and undue hardship for the applicant.

(4)

The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(5)

The granting of the variance will be consistent with the general intent and purpose of these regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(c)

When a petition for a variance from the provisions of section VII-1302 pertaining to docks is filed with the board of adjustment, the petition for such variance need only demonstrate that the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure and that the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The petition for such variance shall otherwise be exempted from the requirements of section IV-606(b). In the discretion of the board of adjustment, an environmental impact study prepared by a licensed environmental professional may be required, at the petitioner's expense, for the board's consideration prior to acting upon petition for a variance under this section.

(d)

Reserved.

(e)

Relief from sign regulations based upon the preservation of trees. When a petition for a variance is filed with the board of adjustment for a sign variance where the preservation of trees is a basis for the variance, then the petition for such a variance need only demonstrate that the grant of the variance will be consistent with the general intent and purpose of these regulations and not injurious to the neighborhood or otherwise detrimental to the public welfare. The petition for such a variance shall otherwise be exempted from the requirements of section IV-606(b).

(f)

Variances—Preservation of trees.

(1)

Variances may be granted by the board of adjustment from the terms of this zoning code for new construction and improvements to existing structures, in order to encourage the preservation of trees protected by article VII, division 3.1 of this Code. It is the intent of this section to permit the applicant to receive a variance equal to or less than the decrease in the buildable area caused by the modification required to the structure to preserve trees protected by article VII, division 3.1 of this Code.

(2)

An application for a variance filed pursuant to the requirements of subparagraph (f)(1) shall demonstrate all of the following three requirements are met:

a.

The variance is for the purpose of preserving a tree or trees protected by article VII, division 3.1 of this Code; and

b.

The applicant cannot design and locate the proposed structure or infrastructure improvements to preserve the trees and also comply with all provisions of the zoning code, without causing the applicant undue hardship; and

c.

Considering the shape and dimensions of the real property, the location of existing structures and infrastructure improvements, and the size, age, health and species of trees sought to be protected, it is not feasible to transplant the trees to another location on the site.

(3)

The application for such a variance shall otherwise be exempted from the requirements of section IV-606(b) of this Code.

(4)

In the discretion of the board of adjustment, a certified arborist or a Florida-registered landscape architect may be consulted concerning tree preservation issues prior to acting upon an application for a variance under this section. The cost of such a consultation shall be borne by the applicant. The director of development services may require payment of an estimated fee for the consultation in advance by the applicant.

(5)

Upon considering the criteria in subparagraph (2) above and the purpose of this section, the board of adjustment may attach conditions to the granting of a variance as it deems necessary to further the purposes of article VII, division 3.1 of this Code.

(6)

If a variance is granted, the applicant shall still provide mitigation for any tree removed as required by section VII-322 (replacement trees) and section VII-324(b) (replacement tree fund).

(7)

The director of development services is hereby authorized to grant limited administrative variances on sites which contain significant tree canopy where the applicant can demonstrate that the proposed variance will lead to the preservation of trees. The petition for such a limited administrative variance need only demonstrate that the grant of the limited administrative variance will be consistent with the general intent and purpose of these regulations and not injurious to the neighborhood or otherwise detrimental to the public welfare. The petition for such a limited administrative variance shall otherwise be exempted from the requirements of section IV-606(b). Such limited administrative variances are limited to dimensional standards for building setbacks, building coverage, and impervious coverage. All other variances require approval of the board of adjustment. However, no limited administrative variance shall be granted by the director of development services which would result in a reduction of a code requirement or an increase in a code limitation by more than 25 percent. For example, a ten-foot minimum setback may be reduced to seven and one-half feet or a maximum impervious coverage of 60 percent may be increased to 75 percent. If a requested limited administrative variance is not granted by the director of development services, then the request for limited administrative variance may be made to the board of adjustment. Limited administrative variances shall be governed by this subsection and the remaining provisions of this division shall be inapplicable.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 02-4401, § 4, 8-4-03; Ord. No. 06-4682, § 2, 7-26-06; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 08-4819, § 2(att. 1), 7-21-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 20-5310, § 2(Exh. A), 1-21-20; Ord. No. 21-5369, § 3, 5-2-22; Ord. No. 24-5540, § 2(Exh. A), 9-16-24)

An appeal of a decision of the board of adjustment or a special magistrate may be made to the circuit court for Sarasota County, Florida, by filing a petition for writ of certiorari as provided under the Florida Rules of Appellate Procedure. A decision of the board of adjustment in regard to the denial of a variance shall be deemed to have been rendered on the date of a letter prepared by the secretary to the board notifying the petitioner of the decision of the board of adjustment. In the event that the board of adjustment grants a variance, a decision shall be deemed to have been rendered on the date of adoption of the resolution granting the variance. A decision of a special magistrate shall be deemed to have been rendered upon the date of the execution of the final order.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 08-4819, § 2(att. 1), 7-21-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

In granting any variance, the board of adjustment or a special magistrate may prescribe appropriate conditions and safeguards in conformity with these regulations, including, but not limited to, reasonable time limits within which the action for which variance is required shall be begun or completed or both. Where no time limit is set by action of the board or special magistrate, work for which variance is granted must begin within one year. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations.

Prior to the end of the year, if work has not begun, the applicant may request one time extension not to exceed one additional year. The board or special magistrate may approve such request upon determining that the request is warranted under the circumstances.

In those cases where proposed development of property for which a variance is sought, requires a site plan approval as well as the granting of a variance(s), the date of expiration of the variance(s) shall coincide with the expiration of the site plan approval for the proposed development. If a site plan is granted a time extension, the variance shall also be extended the same amount of time.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 04-4547, § 3, 6-7-04; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The board of adjustment is hereby authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or interpretation made by the director of neighborhood and development services in the enforcement or interpretation of these regulations. Any aggrieved person to such decision may initiate an appeal after the order, requirement, decision, or interpretation is issued in writing by the director of neighborhood and development services.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

A notice of appeal authorized under the provisions of this section shall be filed on forms prepared by the director of neighborhood and development services and city auditor and clerk's office within 60 days from the date the notice of such decision is mailed, as provided in section IV-202 or within 60 days from the date an application for development approval is submitted which incorporates the order, requirement, decision, or interpretation, whichever is later. The director of neighborhood and development services shall transmit to the board of adjustment a complete file constituting the record on appeal.

(b)

When an appeal is filed, all proceedings in furtherance of the action appealed from shall be stayed, unless the director of neighborhood and development services certifies to the board of adjustment that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed other than by a restraining order granted by the board of adjustment or by a court of record on application, on notice to the director of neighborhood and development services, and on due cause shown.

(c)

An applicant for a tree removal permit or a permittee who has been issued a tree removal permit may appeal to the board of adjustment any decision of the director of neighborhood and development services, pertaining to the denial, revocation of a tree removal permit, or any other decision of the director of neighborhood and development services interpreting or applying article VII, division 3.1 of this Code. An appeal must be requested within 60 days of action, determination or notice from which the appeal is being taken. An appeal shall be deemed perfected when the applicant or permittee has submitted, in writing, a statement of the administrative action being appealed and the basis for such an appeal, and has delivered the same to the neighborhood and development services department, along with the required fee.

(Ord. No. 02-4357, 4-29-02; Ord. No. 02-4401, § 5, 8-4-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

The board of adjustment shall review the notice of appeal and shall give notice and conduct a de novo hearing on the appeal in accordance with the requirements of section IV-202 (pertaining to notice and hearing) of these regulations. Prior to conducting the hearing, the board of adjustment shall make a determination as to whether the entity or person who filed the notice of appeal is an "aggrieved person" as defined in this zoning code and the board of adjustment may receive evidence on this issue. In the event the board of adjustment determines that the appealing party is not an "aggrieved person," the board shall not conduct the hearing on the request for an administrative interpretation. The board of adjustment shall grant the appeal, grant the appeal subject to specified conditions, or deny the appeal, and to that end, shall have all the powers of the director of neighborhood and development services.

(b)

The director of neighborhood and development services, as secretary to the board of adjustment, shall provide written notification to the aggrieved person initiating the appeal of the decision of the board of adjustment.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 5, 6-20-05; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

In the event an appeal is referred to a special magistrate for a hearing de novo, under the provisions of section III-303(d), the special magistrate assigned to hear the petition shall conduct a public hearing thereon in accordance with the requirements of section IV-202 (pertaining to notice and hearing) of these regulations. The special magistrate shall grant the appeal, grant the appeal subject to specified conditions, or deny the appeal, and to that end, shall have all the powers of the director of neighborhood and development services.

(b)

Action taken by the special magistrate to grant an appeal to grant an appeal subject to specified conditions or to deny an appeal shall be documented in a final order. The final order shall be recorded in the public records of the county by the city auditor and clerk's office.

(Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

Editor's note— Ord. No. 03-4430, § 4, adopted Jan. 21, 2003 added a new section IV-704 and renumbered former section IV-704 as new section IV-705.

An appeal of a decision of the board of adjustment or a special magistrate may be made to the circuit court for the county, by filing a petition for writ of certiorari as provided under the Florida Rules of Appellate Procedure. The city commission or any officer or department of the city, whether or not the city commission, officer, or department appeared at the hearing before the board of adjustment, and with or without a showing of special injury or aggrievement, shall have the right to file a petition for writ of certiorari to the appellate court. A decision of the board of adjustment regarding an administrative appeal shall be deemed to have been rendered on the date of a letter prepared by the secretary to the board of adjustment notifying the party initiating the appeal of the action taken by the board. A decision of a special magistrate shall be deemed to have been rendered upon the date of the execution of the final order.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

A.

It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of structures, sites and districts of historical, architectural or archaeological merit, including archival and artifacts is in the interest of the health, prosperity and welfare of the people of the city. Therefore, this division is intended to:

1.

Effect and accomplish the protection, enhancement and perpetuation of structures, sites and districts which represent distinctive elements of the city's cultural, social, economic and architectural history;

2.

Protect to the maximum extent practicable the city's historical, cultural, archaeological and architectural heritage, as embodied and reflected in such individual artifacts, structures, sites and districts;

3.

Protect and enhance the city's attractiveness to residents and to visitors;

4.

Strengthen the economy of the community by stabilizing and improving property values in historic districts;

5.

Foster civic pride in the accomplishments of the past; and

6.

Promote the use of individual structures, sites and districts for the education, pleasure and welfare of the people of the city.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

The criteria to be applied by the historic preservation board and the city commission in the designation of a structure, district, site or sign as historically or archaeologically significant, shall be as follows:

(1)

Historic structures or sites. A structure or site is of historic significance if it possesses integrity of location, design, setting, materials, workmanship and association, and if it:

a.

Exemplifies or reflects the broad cultural, political, economic or social history of the city, the county, the state, or the United States of America;

b.

Is associated with events which have made a significant contribution to the broad patterns of our local, state or national history;

c.

Is associated with the life of a person who has played a significant role in our local, state or national history;

d.

Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction;

e.

Represents the work of a designer or builder whose work has been generally acknowledged; or

f.

Is a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or association has survived.

(2)

Historic districts. A district is of historic significance when it possesses integrity of location, design, setting, materials, workmanship and association, and if it:

a.

Represents a significant entity whose components may lack individual distinction;

b.

Represents a geographically defined area which contains structures, sites, objects, and spaces linked historically through location, design, setting, materials, workmanship, feeling and association; or

c.

Represents a geographically defined entity whose individual structural components collectively convey a sense of time and place in history (which may relate to one or more periods in history).

(3)

Archaeological sites and districts. A site or district is of archaeological significance, and if it:

a.

Has yielded or is likely to yield significant information relating to prehistory or history; or

b.

Contains any subsurface remains of historical or archaeological importance or any unusual ground formations of archaeological significance.

(4)

Historic signs. Any sign, regardless of its age, which satisfies one or more of the following criteria:

a.

The sign is significant to the history of the city, including, but not limited to, the character of the city as a seaside community, tourist attraction, or cultural center;

b.

The sign is unique, notably aesthetic, or creative so as to make a significant contribution as a work of art;

c.

The sign merits recognition as an important example of technology, craftsmanship, materials or design of the period in which it was constructed and may not longer be economically feasible to produce or manufacture the sign today; or

d.

The sign is incorporated into the architecture of a building, so as to be essential to the integrity of the building.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

Structures with a recorded preservation restrictive covenant agreement require a certificate of appropriateness when submitting applications for building permits which affect the exterior of the structure or the site.

(Ord. No. 25-5556, § 2(Exh. A), 2-18-25)

A.

Building permits.

1.

After a structure or site has been historically designated, the director of development services shall refer all completed applications for building permits which affect the exterior of the structure or the site to the historic preservation board for review and decision. Applications for building permits for interior renovations shall be referred to the historic preservation board only if the designation ordinance so specifies.

2.

After designation of an historic district, the director of development services shall refer all completed applications for building permits for new construction and for permits to modify structures classified as contributing or as contributing with alterations to the historic preservation board for review and decision.

3.

After a site or district has been archaeologically designated, the director of development services shall refer all completed applications for construction, development or excavation within the site or district to the historic preservation board for review and decision.

4.

After the board has recommended historic designation of a structure or site and prior to the city commission voting on the designation, the director of development services shall refer all completed applications for building permits that modify the structure to the historic preservation board for review and decision.

5.

Except for applications for building permits for minor work the historic preservation board shall conduct a public hearing on the application. However the requirements of subsection IV-202(c) (pertaining to notice and hearing) shall not apply. Notice of hearing shall be provided by posting a copy of the notice on the bulletin board at city hall for at least three workdays prior to the hearing. The historic preservation board shall grant, grant with conditions, or deny the certificate of appropriateness for a building permit, subject to appeal under section IV-827 to the city commission.

6.

The historic preservation board shall adopt rules that provide for the referral to and approval of applications for certificates of appropriateness for minor work by the director of the planning department, subject to appeal to the historic preservation board. Minor work shall be defined by the historic preservation board and may include, but not necessarily be limited to: Fences, driveways, patios, decks, replacement of windows and doors of the same dimensions, and roof replacements that do not change the structure of the roof.

7.

An owner of a structure or site shall be exempt from the requirements of this section, if:

a.

The owner has appeared before the city historic preservation board for plan review and written comment which shall be transmitted to the county historic preservation board; and

b.

Thereafter, the owner has received a determination of eligibility for an ad valorem exemption by the county historic preservation board, pursuant to Sarasota County Ordinance 97-134, as amended, for the value of the improvements for which work is to be performed under a building permit.

B.

Demolition permits.

1.

After a structure or site has been historically designated, the director of development services shall refer all completed applications for demolition permits affecting the designated structure site to the historic preservation board for review and decision.

2.

After designation of an historic district, the director of development services shall refer all completed applications for demolition permits affecting contributing structures or structures which are contributing with alterations in the district to the historic preservation board for review and decision.

3.

After a site or district has been archaeologically designated, the director of development services shall refer all completed applications for demolition of structures on the site or within the district to the historic preservation board for review and decision.

4.

The historic preservation board may grant or deny certificates of appropriateness for demolition permits with or without conditions or may grant a certificate of appropriateness conditioned upon a stay of demolition for up to one year.

5.

The historic preservation board shall conduct a public hearing on the application in accordance with the requirements of section IV-202 (pertaining to notice and hearing). The historic preservation board shall grant, grant with conditions, or deny the certificate of appropriateness for a demolition permit, subject to appeal under section IV-827 to the city commission.

C.

Permits for moving of buildings.

1.

After a structure or site has been designated as historically significant, the director of development services shall refer all completed applications for moving permits affecting the structure or site to the historic preservation board for review and decision.

2.

After a historic or archaeological district has been designated, the director of development services shall refer all completed applications for permits to move any structures in to, out of, or within the boundaries of the district to the historic preservation board for review and decision.

3.

After an archaeological site has been designated, the director of development services shall refer all completed applications for a moving permit for moving of structures on to or off of the site to the historic preservation board for review and decision.

4.

The historic preservation board shall conduct a public hearing on the application in accordance with the requirements of section IV-202 (pertaining to notice and hearing). The historic preservation board shall grant, grant with conditions, or deny the certificate of appropriateness for a moving permit, subject to appeal under section IV-827 to the city commission.

5.

Approval of the board of adjustment shall not be required for moving any structure that is required to have a certificate of appropriateness prior to moving in accordance with this section.

D.

Sign permits.

1.

After a sign has been historically designated, the director of development services shall refer all completed applications for sign permits to the historic preservation board for review and approval or denial.

2.

The historic preservation board shall conduct a public hearing on the application in accordance with the requirements of section IV-202 (pertaining to notice and hearing). The historic preservation board shall grant, grant with conditions, or deny the certificate of appropriateness for a sign permit, subject to appeal under section IV-827 to the city commission.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

The planning department shall review all development proposals and permits that affect the exterior of the nationally registered historic structures, districts, or sites. This review shall include an evaluation of the effect of the project on the historic resources and shall result in recommended measures to meet U.S. Secretary of the Interior's Standards and to avoid, minimize, or mitigate the project's adverse effects. Mitigation for significant national historic resources may require the applicant for a demolition permit of a structure to undertake all reasonable measures to save the structure on site or relocate the structure to a new site.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

A.

Structures, sites, signs and districts shall remain designated as historically or archaeologically significant unless such designation is removed by subsequent ordinance of the city commission, or in the case of signs, by resolution of the historic preservation board.

B.

The historic or archaeological designation may be removed from a structure, district, site or sign provided that:

1.

The subject property or sign no longer meets the applicable criteria for designation;

2.

Additional information indicates that the subject property or sign does not meet the applicable criteria for designation;

3.

An error in professional judgment was made in the staff recommendation for designation of the subject property or sign;

4.

A procedural error occurred in the original designation process; or

5.

It has been determined by the city commission that the property owner has violated a term or condition of a certificate of appropriateness, or of a conditional use approval pertaining to the designated property or sign.

C.

Applications for removal of historic or archeological designation may be filed with the city auditor and clerk on a form approved by the director of the planning department. If a property owner withdraws the request for removal at any time prior to the city commission adopting on second reading the ordinance removing the designation, then the removal process shall terminate. The process for reviewing applications for removal of designation shall include:

1.

Analysis of the application by the planning department regarding criteria listed in subsection IV-806(b).

2.

Review by the historic preservation board. The historic preservation board shall conduct a public hearing to review the proposed designation, consider the analysis of the staff and the testimony at the public hearing, make a recommendation upon the proposal to remove the designation or deny removal of the designation, and shall set forth the it's findings in regard to whether the proposal to remove designation will satisfy the standards set forth in subsection IV-806(b). The historic preservation board's recommendation shall be forwarded to the city commission.

3.

Review by the city commission. The city commission shall, in accordance with the provisions of section IV-202, review the proposal to remove designation, the written staff analysis and the recommendation the historic preservation board, and shall approve or deny the removal of designation, after a public hearing. Action taken by the city commission to remove designation shall be documented in the form of an ordinance.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

Except in single-family residential zone districts (RSF-E, RSF-1, RSF-2, RSF-3, RSF-4, RSM-9, and RTD-9) owners of locally designated historic structures and owners of structures classified as contributing or contributing with alterations in a locally designated historic district may petition the planning board for a major conditional use for any use which would serve to perpetuate the viable utilization of the historic structure, regardless of whether such use is permitted by a conditional use permit in the zone district in which the historic structure is located. The procedure for issuance of the conditional use approval shall be the same as that set forth in article IV, division 9 of these regulations. In addition,

1.

The proposed use(s) shall be limited to only the locally designated historic structure in existence at the time the conditional use approval is granted. No new additions to the historic structure will be allowed as part of the conditional use approval.

2.

The property owner shall be required to prove to the satisfaction of the city commission and planning board that it will adequately provide for each of the criteria enumerated in section IV-906 to the extent applicable.

3.

The applicant shall demonstrate that the proposed conditional use will be a reasonable compatible reuse of the historic structure and will not adversely impact the historic building.

4.

The burden of proof is on the applicant to show that the evidence is satisfactory and no guarantee is made for approval of the conditional use.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

Owners of locally designated historic structures or owners of structures classified as contributing or contributing with alterations in a locally designated historic district may petition the planning director for a historic reuse permit for a reuse which would serve to perpetuate the viable utilization of the historic structure, regardless of whether such use is permitted in the zone district in which the historic structure is located. The procedure for issuance of the historic reuse permit approval shall be the same as that set forth in article iv, division 20 of these regulations. The petition for a historic reuse permit shall be filed with the city auditor and clerk and need only demonstrate that the granting of the historic reuse permit will be consistent with the general intent and purpose of these regulations, will be consistent with the general intent and purpose of the criteria listed in the U.S. Secretary of the Interior's Standards for Rehabilitation at 36 Code of Federal Regulations, part 68 which are hereby adopted by reference as though fully set forth herein, and will not be injurious to the neighborhood or otherwise detrimental to the public.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

Historically designated structures and structures which are located in a designated historic district and which have been classified as contributing or contributing with alterations shall qualify for the exemption accorded to special historic buildings in Chapter 12 of the Florida Building Code, 2017 6 ^th Edition, as may be amended, provided that the structure meets all other requirements of that section to the satisfaction of the director of development services.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

A property owner may file a variance or adjustment petition under subsection IV-810(A) or (B) of this article at the same time as a petition for historic designation under section IV-814 or section IV-815 and having both matters proceed simultaneously. The director of the planning department and the historic preservation board shall be authorized to act upon the petition filed under section IV-814 or section IV-815 prior to final historic designation of the subject structure, district or site; provided that approval of any such petition shall be made contingent upon the final historic designation of the structure, district or site by ordinance of the city commission.

(A)

Limited administrative variances or adjustments for historic resources. The planning director is hereby authorized to grant limited administrative variances or adjustments for the following:

(1)

A local historically designated structure or a structure in a locally designated district which is a contributing structure or contributing with alterations, or for a locally designated archaeological site.

(2)

The petition for such a limited administrative variance shall be filed with the city auditor and clerk and need only demonstrate that the granting of the limited administrative variance will be consistent with the general intent and purpose of these regulations, be consistent with the general intent and purpose of the criteria listed in the U.S. Secretary of the Interior's Standards for Rehabilitation at 36 Code of Federal Regulations, part 68 which are hereby adopted by reference as though fully set forth herein, and not injurious to the neighborhood or otherwise detrimental to the public welfare. The petition for such a limited administrative variance or adjustment shall otherwise be exempted from the requirements of section IV-606(b) or section IV-1903. Such limited administrative variances or adjustments are limited to dimensional standards for building setbacks, building coverage, and impervious coverage. All other variances or adjustments require approval of the historic preservation board. However, no limited administrative variance or adjustment shall be granted by the planning director which would result in a reduction of a code requirement or an increase in a code limitation by more than 25 percent. For example, a ten-foot minimum setback may be reduced to seven and one-half feet or a maximum impervious coverage of 60 percent may be increased to 75 percent. If a requested limited administrative variance or adjustment is not granted by the planning director then the request for limited administrative variance may be appealed to the historic preservation board per subsection IV-812(a). Limited administrative variances or adjustments shall be governed by this subsection and the remaining provisions of this division shall be inapplicable.

(B)

The historic preservation board is hereby authorized to grant zoning variances and adjustments from the literal terms of these regulations, if the variance or adjustment exceeds that allowed in subsection IV-810(A), for locally designated historic structures, sites, districts, or an archaeological site.

(1)

The historic preservation board shall review requests for relief from zoning regulations and shall approve, approve with conditions or deny the variance or adjustment at a public hearing.

(2)

The petition for a variance or adjustment shall be filed with the city auditor and clerk and need only demonstrate that the granting of the variance or adjustment will be consistent with the general intent and purpose of these regulations, will be consistent with the general intent and purpose of the criteria listed in the U.S. Secretary of the Interior's Standards for Rehabilitation at 36 Code of Federal Regulations, part 68 which are hereby adopted by reference as though fully set forth herein, and will not be injurious to the neighborhood or otherwise detrimental to the public. The petition for a variance or adjustment shall otherwise be exempted from the requirements of subsection IV-606(b) or section IV-1903.

(3)

The historic preservation board shall not be authorized to grant variances or adjustments from the terms of these regulations pertaining to the following:

i.

Construction of docks in the marine park (MP) zone adjacent to G zoned property;

ii.

The location or use requirements pertaining to adult use permits;

iii.

Height bonuses as provided under subsection VI-503(1);

iv.

Allowed uses;

v.

Maximum residential densities;

Exception: A variance or adjustment to the maximum density may be considered when relocating a locally designated historic structure to a different zoning lot, consistent with the Sarasota City Plan.

vi.

Maximum building height;

vii.

Maximum floor area ratio; or

viii.

Maximum building coverage on coastal islands (see coastal islands overlay).

(4)

If a requested variance or adjustment is not granted by the historic preservation board then the request for a variance or adjustment may be appealed to the city commission per subsection IV-812(b).

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20; Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

Structures listed on the Florida master site file which are to be used for residential purposes only may be exempt from the provisions of article V of these regulations; provided, that the proposed repair or rehabilitation is approved by the historic preservation board. The director of development services shall review and approve all applications for building permits before forwarding same to the historic preservation board for review, pursuant to this section.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

(a)

Development services or the planning department. An appeal of a written decision of the development services or the planning department may be made to the historic preservation board. A notice of appeal in the form of a letter shall be filed with the city auditor and clerk's office within ten days of the development services or planning department's decision. The historic preservation board shall hold a de novo public hearing to consider the appeal and may affirm, affirm with conditions or reverse the decision of the development services department or the planning department. The notice and procedures for the conduct of public hearing is set out in section IV-202.

(b)

Historic preservation board. An appeal of a written decision of the historic preservation board may be made to the city commission. A notice of appeal in the form of a letter shall be filed with the city auditor and clerk's office within ten days of the historic preservation board's decision. The city commission shall hold a de novo public hearing to consider the appeal, and may affirm, affirm with conditions or reverse the decision of the historic preservation board. The notice and procedures for the conduct of public hearing is set out in section IV-202.

(c)

City commission. An appeal of a written decision of the city commission may be made to the circuit court for Sarasota County, Florida, by filing a petition for writ of certiorari as provided under Florida Rules of Appellate Procedure. A decision of the city commission to approve or deny a decision of the historic preservation board shall be deemed to have been rendered on the date that the city commission adopts a resolution setting forth its findings and decision.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

A.

Initiation of application.

(1)

Proposal by property owner. When designation is proposed by the property owner, an application for designation shall be filed in the city auditor and clerk's office on forms approved by the planning department. If a property owner withdraws the request for historic designation, after the historic preservation board has recommended the designation, then the historic designation process shall terminate. Any subsequent request by the property owner to historically designate the same property shall proceed in accordance with this section as if no prior request had been submitted.

(2)

Proposal by historic preservation board. When designation is proposed by a majority vote of the members of the historic preservation board, notice of the proposed designation shall be sent by certified mail to the owner of record of the property proposed for designation and to each owner of record of property in a proposed district. The notice shall describe the property proposed for designation and shall announce a public hearing of the historic preservation board to consider such designation to be held within 30 days after the mailing of such notice.

(3)

Objections. Upon notification, any owner or owners of property who object to the proposed designation shall return a notarized statement to the historic preservation board certifying that the party is the sole or partial owner of the property and that he objects to the proposed designation. A blank statement of objection shall be mailed to each property owner together with the notice of proposed designation as provided above. The property owner shall be advised that in order to object to the proposed designation the notarized statement of objection must be completed and returned within 15 days after receipt.

B.

In addition to the general application requirements set forth in administrative regulations, an application for a historic designation shall be accompanied by information necessary to demonstrate that the proposed designation is consistent with the criteria of section IV-802.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

A.

Historic structures and sites, signs and archaeological sites. The planning department shall review the application for the designation and shall prepare a written staff analysis of the issues raised by the application which analysis shall contain a statement of the historic or archaeological significance of the structure, site or sign proposed for designation, and shall include photographic documentation of the structure, site or sign.

B.

Historic districts and archaeological districts. The planning department shall review the application for the designation and shall prepare a written staff analysis of the issues raised by the application which analysis shall contain:

1.

An explanation of the historical, cultural, architectural or archaeological significance of the district and a statement of the historic significance of the structures within the district.

2.

The proposed boundaries for the district and an explanation of a choice of boundaries for the district.

3.

A map showing the boundaries of the district.

4.

A description of typical architectural styles and types of structures in the district.

5.

An identification of all structures within the district and the proposed classification of such structures as contributing, contributing with alterations, or noncontributing with an explanation of the criteria utilized for the proposed classification.

6.

Photographic documentation of structures within the district indicating examples of contributing, contributing with alterations or noncontributing structures within the district and buildings outside the boundaries of the district.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

A.

Objections to a historic designation.

1.

The historic preservation board shall not act upon a proposed designation of an individual property if the property owner has returned a statement of objection.

2.

The historic preservation board shall not act upon a proposed district designation if a statement of objection has been received from:

a.

The owner or owners of a majority of the separate zoning lots in the proposed district; or

b.

The owner or owners of a majority of the land area in the proposed district.

B.

Action by the historic preservation board.

1.

The historic preservation board shall conduct a public hearing to review the proposed designation, and shall consider the analysis of the staff and the testimony at the public hearing, and make a recommendation upon the proposed designation. The recommendation shall set forth the historic preservation board's findings in regard to whether the proposed designation will satisfy the standards set forth in section IV-802. The historic preservation board's recommendation to designate a historic district shall further classify all structures within the proposed district as contributing, contributing with alterations or noncontributing. The historic preservation board may by resolution designate a historic sign.

2.

If the historic preservation board votes to recommend in favor of the proposed designation, such action shall be forwarded to the city commission. If the historic preservation board votes against the proposed designation, the decision of the historic preservation board in this regard shall be final, and the structure, site or sign shall not be designated by the city commission. The historic preservation board shall take final action to either recommend in favor of the proposed designation or to deny the proposed designation within one year after the application for designation is filed, or the application shall be deemed withdrawn.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

The city commission shall, in accordance with the provisions of section IV-202, review the proposed designation of the structure, site, district or sign, the written staff analysis and the recommendation of the historic preservation board, and shall approve, approve with conditions or deny the designation, after a public hearing. Action taken by the city commission to approve a historic designation shall be documented in the form of an ordinance.

The ordinance providing for the designation of a structure or sign as historically significant shall pertain to the structure or sign and may apply to the site upon which the structure or sign is located. The designation ordinance may contain conditions to ensure the preservation of the setting in which the structure or sign exists, if the setting was a significant consideration in the designation of the structure or sign. The designation ordinance shall be recorded in the chain of title in the public records of the county.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

A.

Building permits. When granting a certificate of appropriateness for the issuance of a building permit, the historic preservation board shall consider the criteria listed in the U.S. Secretary of the Interior's Standards for Rehabilitation at 36 Code of Federal Regulations, part 68 which are hereby adopted by reference as though fully set forth herein. Copies of the Secretary of the Interior's standards shall be kept on file in the planning department and the development services department.

B.

Demolition permits. When granting a certificate of appropriateness for the issuance of a demolition permit for a structure, the historic preservation board shall consider the following criteria:

1.

The historic or architectural significance of the structure;

2.

The importance of the structure to the ambiance of a district, if applicable;

3.

The difficulty or impossibility of reproducing such a structure because of its design, texture, material, detail or unique location;

4.

Whether the structure is one of the last remaining examples of its kind in the neighborhood or in the city;

5.

The future utilization of the site;

6.

Whether the applicant has demonstrated that reasonable measures can be taken to save or relocate the structure; and

7.

Whether the structure is capable of earning a reasonable economic return on its value and whether the perpetuation of the structure, considering its physical condition, its location and the anticipated expense of rehabilitation would be economically feasible.

C.

Moving permits. When granting a certificate of appropriateness for the issuance of a moving permit, the historic preservation board shall consider the following criteria:

1.

The historic character and aesthetic interest the structure contributes to its present setting;

2.

The reasons for the proposed move;

3.

The proposed new setting and general environment of the proposed new setting;

4.

Whether the structure can be moved without significant damage to its physical integrity;

5.

Whether the proposed relocation site is compatible with the historical and architectural character of the structure; and

6.

When applicable, the effect of the move on the distinctive historical and visual character of a designated historic district and as a priority consideration, the proposed move shall be for the historic structure to be relocated within the same historic district.

D.

Sign permits. When granting a certificate of appropriateness for the issuance of a sign permit, the historic preservation board shall consider the following criteria:

1.

Whether the work described in the sign permit can be performed without materially altering the historic style, design, scale, height, type of material or dimensions of the historic sign; and

2.

Whether the work described in the sign permit is necessary to maintain the structural integrity of the historic sign.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

The City of Sarasota shall evaluate, identify, and designate conservation historic districts as areas that have a stock of older buildings with common characteristics such as age, style, or use that have historic significance as a group.

1.

The intent of the conservation historic district is to protect the area from inappropriate demolition, rehabilitation, renovation, uses, alterations, or new development that would be contrary to the existing culture or historic architectural character of the area as identified in the conservation historic district.

2.

The historic preservation board shall conduct a public hearing to review the proposed conservation historic district designation, and shall make a recommendation upon the proposed designation to the city commission.

3.

A conservation historic district is established through the adoption of a zoning district overlay for the area in accordance with the provisions of article VI, division 9; sections VI-901, VI-902, VI-903, and VI-904 after recommendation by the historic preservation board.

4.

Upon the filing of a permit application for new development or for the exterior of a structure that is within a conservation historic district, the planning department shall conduct a historic review to determine if the new development will have a negative impact to the conservation historic district or if the proposed work will involve a structure that is listed on the Florida Master Site File and is therefore a contributing structure to the conservation historic district. Staff of the planning department shall be permitted access to the premises or to the subject structure during this review period at reasonable times and by appointment with the owner or designated agent for this review process. Structures that are historicly designation, or a contributing building to a national, local, or conservation historic district shall not be issued a building permit until the planning department staff has preformed the historic review, which shall include an evaluation prescribing what measures are required to avoid, minimize, or mitigate any adverse effect to the historic structure or the conservation historic district. Staff shall preform the historic review and identify any mitigation measures required for the permit to be processed.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

(a)

The planning department shall maintain a file of all known archaeological sites that may be affected by earth-moving activities, excavation, or development. The file shall include maps and a list of property addresses.

(b)

Prior to issuing a permit that requires excavation, or other ground-disturbing activities in areas identified as potential archaeological sites, the planning department shall review the permit and the permit shall not be issued until the review is completed. This review shall include an evaluation of the effect of the project on archaeological resources and shall result in recommended measures to avoid, minimize or mitigate adverse effects.

(c)

The planning department shall be responsible for determining if access to such information is in accordance with F.S. 267.135 (location of archaeological sites) as amended and whether disclosure of such information will create a substantial risk of harm, theft, or destruction at such sites.

(d)

All development activities remain subject to later review upon discovery of fortuitous finds, including historical or artifactual materials and those resources that have yet to be identified.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

The following requirements apply to all building construction or alteration, demolition, excavation, or other land alteration activities:

(a)

If evidence of the existence of historic or archaeological resources is discovered at a development site or during development activities, all work shall cease in the area affected as determined by the planning department. The developer, owner, contractor, or agent thereof, shall notify the planning department within one business day of the discovery of the resource. The planning department shall assess the significance of the find and recommend what action, if any, is required to mitigate any adverse effects to the resource.

(b)

If any human skeletal remains or associated burial artifacts are discovered at a development site or during development activities, all work in the area must cease, for it is unlawful to disturb, vandalize, or damage a human burial. The permittee must immediately notify the Sarasota Police Department and the planning department. The planning department shall notify the Florida Department of State, Division of Historical Resources in accordance with F.S. 872.05, as amended.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

Upon the filing of an application to demolish a structure that is on the Florida Master Site File, the planning department shall conduct a historic review to determine if the structure is a contributing building to a historic district, eligible for local or national designation or if there are any viable alternatives to the demolition of the structure. The staff of the planning department shall be permitted access to the premises and to the subject structure during this review period at reasonable times and by appointment with the owner or designated agent for this review process as well as for showing the structure to individuals who may be interested in restoring and/or relocating the structure.

(a)

Noncontributing or ineligible structures for either local or national designation. The development services director may authorize demolition of any Florida Master Site File noncontributing structure or building that is not eligible for either local or national designation once the historic review by the planning department has been completed.

(1)

An appeal of any written order, decision, determination, or interpretation of the director of development services in the interpretation of subsection IV-823(a) shall be heard by the board of adjustment

(b)

Structures contributing to a historic district or structures individually eligible for local or national designation. structures that are on the Florida Master Site File, which are eligible for consideration by the National Register of Historic Places, historic designation by the City of Sarasota, or as a contributing structure to a historic district shall not be issued a demolition permit until the planning department staff has preformed the historic review, which shall include an evaluation prescribing what measures are required to avoid, minimize, or mitigate the adverse effect on the historic structure. Staff shall issue the decision for the mitigation of the historic structure within 120 days of the application for a demolition permit.

Staff recommendation may include a waiver from the historic preservation board review per this section for structures contributing to a historic district or structures individually eligible for local or national designation provided one of the following two conditions are met:

(1)

A staff recommendation is completed stating the historic resource is not eligible or a contributing resource due to alterations to the building; or

(2)

Documentation submitted by a Florida Licensed Structural Engineer attesting to the degradation and degraded condition of the building to the point the structure is beyond reasonable restoration measures to repair the building.

Mitigation for significant historic structures, including structures potentially eligible for local or national designation, may require the applicant undertake all reasonable measures to save the structure on site or relocate the structure. A structure that is on the Florida Master Site File which is eligible for either local or national designation, or as a contributing structure to a historic district, may be demolished if the historic preservation board finds the measures required to avoid, minimize, or mitigate the adverse effect to the historic resource has been met in accordance with this provision.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

In the event the historic preservation board determines that a historically designated structure, historically designated sign, or a structure within a designated district which is contributing, or contributing with alterations, is in the course of being demolished by neglect, the historic preservation board shall notify the owner of record of such preliminary findings, stating the reasons therefore, and shall give the owner of record 30 days from the date of such notice in which to commence work rectifying the evidence of neglect cited by the historic preservation board. Such notice shall be accomplished by certified mailing to the last known address of the owner of record or, in the event that this procedure is unsuccessful, then by attaching such notice to the structure for a seven-day period.

Upon the failure of the owner of record to commence work within 30 days of such notice, the historic preservation board shall notify the owner of record in the manner provided above to appear at the next meeting of the historic preservation board. The historic preservation board shall cause to be presented at such meeting the reasons for the notice and the owner of record shall have the right to present any rebuttal thereto. If thereafter the historic preservation board shall determine that the structure or sign is being demolished by neglect, such condition shall constitute a violation of the zoning code (1998).

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

In any cases where work has commenced which requires a certificate of appropriateness under the terms of this division, and where no such certificate has been obtained, a stop work order shall be issued by the director of development services. The stop work order shall be issued to the property owner, the occupant, or any person, company or corporation commencing work or preparation for work in violation of this division. The stop work order shall remain in full force and effect until a certificate of appropriateness has been obtained.

The historic preservation board may revoke or suspend a certificate of appropriateness upon a determination that a project for which a certificate has been previously granted has violated one or more conditions of its approval. Such determination shall be made at a regular or special meeting of the historic preservation board. In the event that the project has been completed, the historic preservation board may recommend to the city commission that the historic designation of the structure or sign should be revoked by ordinance.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

Nothing in this division shall be construed to prevent the ordinary maintenance or repair of any exterior feature of any historic structure or historic sign which does not involve a change in material, design or outer appearance thereof.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

Nothing in this division shall prevent the alteration, construction, reconstruction, repair or demolition of a designated structure or designated sign on an emergency basis when the director of neighborhood and development services certifies in writing that such work is necessary for the purpose of correcting conditions determined to be dangerous to life, health or property.

(Ord. No. 20-5310, § 3(Exh. B), 1-21-20)

(a)

Purpose. Certain uses are conditional uses instead of being allowed by right, although they may have beneficial effects and serve important public interests. They are subject to the conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address identified concerns, or to deny the use if the concerns cannot be resolved.

(b)

Authority. The building, zoning and code enforcement department may, in accordance with the procedures, standards and limitations of this section and subject to such rights of appeal as are provided, approve applications for temporary uses. The planning board may, in accordance with the procedures, standards and limitations of this section and subject to such rights of appeal as are provided, approve applications for minor conditional uses. The city commission may, in accordance with the procedures, standards and limitations of this section, approve applications for major conditional uses.

The planning board or the city commission, whichever is appropriate may approve a conditional use that modifies the setback requirements, height requirements, landscaping requirements, parking requirements, or buffering requirements by no more than ten percent, provided that the board or city commission expressly finds that the modification will enhance the ability of the proposed conditional use to meet the general standards for all conditional uses. Additionally, the city manager may approve technical deviations from the regulations contained in the EDCM, based upon a detailed study prepared by the applicant which demonstrates why the technical deviations will result in preferable environmental or design impacts.

(c)

Authorized conditional uses. Only those uses which are authorized in each zoning district in Article VI, may be approved as conditional uses. The designation of a use in a zoning district as a conditional use does not constitute an authorization or an assurance that such use will be approved; rather, each proposed conditional use shall be evaluated by the DRC, the planning board, and the city commission for compliance with the standards and conditions set forth in this section and for each district. Wherever a use existing on the effective date of these regulations is terminated or demolished, subsequent use of the property upon which the use was located, by a use which these regulations classifies as a conditional use, shall be permitted only in conjunction with an approved conditional use.

(Ord. No. 02-4357, 4-29-02)

In addition to the general application requirements set forth in administrative regulations, an application for a major or minor conditional use shall be accompanied by a site plan application as provided by section IV-502, and any further information necessary to demonstrate that the proposed development meets the criteria of section IV-906. All applications for conditional uses shall be submitted to the city auditor and clerk's office.

Any site plan application filed in conjunction with a conditional use request shall be processed concurrently with the conditional use application, pursuant to division 5 of this article.

(Ord. No. 02-4357, 4-29-02)

(a)

Minor and major conditional uses. The planning department shall review the application for the conditional use approval and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application.

(b)

Technical deviations. Prior to the final consideration of a conditional use application, the city manager may issue written technical deviations from the EDCM. Such deviations must be based upon review of a detailed study prepared by a professional engineer which demonstrates why the technical deviations will result in preferable environmental or design impacts.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4514, § 3, 1-20-04; Ord. No. 04-4538, § 4, 6-7-04)

(a)

Minor conditional uses.

(1)

The planning board shall hold a public hearing and grant, grant with conditions, or deny the application for a minor conditional use, subject to appeal under section IV-905 to the city commission. Action taken by the planning board to grant a conditional use or to grant a conditional use with conditions shall be documented in the form of a resolution containing a legal description of the real property to which the conditional use applies, together with the terms of the conditional use and any additional conditions imposed. Such resolution shall be recorded in the public records of the county by the city auditor and clerk.

(2)

If the planning board shall deny a minor conditional use, it shall state in its record its reasons for doing so. Such reasons shall take into account the factors stated in section IV-906 or such of them as may be applicable to the action of denial and the particular regulations relating to the specific minor conditional use requested, if any.

(b)

Major conditional uses.

(1)

The planning board shall hold a public hearing on an application for a major conditional use and recommend to the city commission the approval, approval with conditions or denial of the application for a major conditional use. Action taken by the planning board to recommend the approval of a major conditional use or to recommend approval of a major conditional use with conditions shall be documented in the form of a resolution containing a legal description of the real property to which the major conditional use applies, together with the terms of the major conditional use and any additional conditions imposed. Such resolution shall be recorded in the public records of the county by the city auditor and clerk.

(2)

If the planning board shall recommend to the city commission the denial of a major conditional use, it shall state in its record its reasons for doing so. Such reasons shall take into account the factors stated in section IV-906 or such of them as may be applicable to the action of denial and the particular regulations relating to the specific major conditional use requested, if any.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4538, § 4, 6-7-04)

(a)

Minor conditional uses—Appeals. If an appeal by an aggrieved person of a decision of the planning board relating to a minor conditional use is filed with the city auditor and clerk's office within ten days of the board's decision, the city commission shall consider the record before the planning board and the argument of aggrieved persons, and may grant, grant with conditions or deny the application.

(b)

Major conditional uses. Upon receipt of the recommendation of the planning board, and the written staff analysis, the city commission at its option, may either affirm the planning board's recommendation without a public hearing or may hold a public hearing to consider the application for a major conditional use and grant, grant with conditions or deny the application.

(Ord. No. 02-4357, 4-29-02)

(a)

Standards applicable to all conditional uses. When considering an application for approval of a conditional use, the building, zoning and code enforcement department, the planning board and the city commission, shall review such an application with consideration for the following factors:

(1)

Whether the conditional use is consistent with the area's future land use designation and the goals, objectives, action strategies and standards of the Sarasota City Plan, any adopted special area plan and these regulations;

(2)

The character of the existing area, including existing structures and structures under construction, existing public facilities and public facilities under construction, and private, commercial and/or service facilities available within the existing area. More specifically:

a.

Whether, if applicable, the overall residential appearance and function of the area will not be significantly lessened due to the increased proportion of non-residential uses in the residential area. Consideration includes the application itself and in combination with other non-residential uses in the area and is to be based on the number, size, and location of the non-residential uses and the intensity and scale of the proposed and existing non-residential uses in the area;

b.

Whether the application will preserve any city, state or federally designated historic, scenic, archaeological, or cultural resources;

c.

Whether the application will be compatible with adjacent residential development, if any, based on characteristics such as size, building style and scale; or whether such incompatibilities are mitigated through such means as screening, landscaping, setbacks, and other design features; and

d.

Whether the application will not have significant adverse impacts on the livability and usability of nearby land due to: noise, dust, fumes, smoke, glare from lights, late-night operations, odors, truck and other delivery trips, the amount, location, and nature of any outside displays, storage, or activities, potential for increased litter, and privacy and safety issues.

(3)

Whether the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, if any, zoning lot access requirements, neighborhood impacts, and pedestrian safety;

(4)

Whether the minimum off-street parking area required and the amount of space needed for the loading and unloading of trucks, if applicable, has been provided and will function properly and safely;

(5)

Whether generally, the public health, safety and welfare will be preserved, and any reasonable conditions necessary for such preservation have been made;

(6)

Whether the applicant has demonstrated the financial and technical capacity to complete any improvements and mitigation necessitated by the development as proposed and has made adequate legal provision to guarantee the provision such improvements and mitigation; and

(7)

Whether the proposed use complies with all additional standards imposed on it by the particular provision of these regulations authorizing such use and by all other applicable requirements of the regulations of the city, including, but not limited to, section IV-506, site plan standards for review.

(Ord. No. 02-4357, 4-29-02)

(a)

Approval of a conditional use shall be deemed to authorize only the particular use for which it is issued. Approval of a site plan shall authorize the applicant to apply for the issuance of a building permit.

(b)

Development of the conditional use shall not be carried out until the applicant has secured all other permits and approvals required by these regulations, the city, or regional, state and federal agencies.

(Ord. No. 02-4357, 4-29-02)

Due to unique circumstances which are not addressed in section IV-906, the city commission may attach and the director of neighborhood and development services or the planning board may recommend the attachment of such conditions to a major conditional use and the planning board may attach such conditions to a minor conditional use as are necessary to carry out the purposes of the Sarasota City Plan and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to: limitations on size, bulk and location; requirements for landscaping and lighting; provision of adequate ingress and egress and off-site but project-related improvements; and other conditions such as the duration of the permit, hours of operation, and mitigation of environmental impacts.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

Approval of minor revisions. The director of neighborhood and development services is authorized to allow minor revisions to an approved conditional use after receipt of comments from the DRC and to authorize the issuance of a building permit for construction in accordance with the revised conditional use. A minor revision is one which:

(1)

Does not increase the gross floor area by more than 500 square feet;

(2)

Does not substantially alter the location of any points of access to the site;

(3)

Does not change the use of the property;

(4)

Does not increase the density or intensity of the development to occur on the property;

(5)

Does not result in a reduction of previously approved open space or setback landscaping area by more than ten percent;

(6)

Does not result in a change of building location by more than ten percent;

(7)

Is consistent with the general intent and purpose of these regulations and does not have any effect whatsoever on the initial determination of consistency of the site plan with the Sarasota City Plan, and will not affect or alter any finding or conclusion of compatibility;

(8)

Does not result in a substantial modification or the cancellation of any condition placed upon the site plan as originally approved;

(9)

Does not substantially change the external traffic pattern;

(10)

Does not add additional property to the site;

(11)

Does not increase the impervious area of the site by more than ten percent; or

(12)

Does not increase the height of the building(s) except for an increase of up to 25 percent in the height of rooftop appurtenances allowed by subsection VI-102(p).

(b)

Other revisions. Any other adjustments or changes not specified in the subsection above shall be granted only in accordance with procedures for original approval of a conditional use, as set forth in this section and section IV-201 and IV-202. The application shall also address the necessity for the amendment and shall demonstrate the amendment is warranted under the circumstances.

(Ord. No. 02-4357, 4-29-02; Ord. No. 21-5364, § 2(Exh. A), 5-18-21; Ord. No. 22-5414, § 2(Exh. A), 5-16-22)

(a)

Expiration.

(1)

Major and minor conditional use approval shall automatically expire two years after the date of the action granting such approval if the use has not commenced. The original approving authority may grant one extension not to exceed two years. The application for extension shall address the necessity for the extension and shall demonstrate that the extension is warranted under the circumstances. Said extension shall be requested and granted prior to the expiration of the original period of validity. Permitted time frames do not change with successive owners.

(2)

If an approved conditional use (minor and major) ceases for any reason for a period of at least six months, a new conditional use application shall be submitted for consideration, by the appropriate approving authority, prior to the reestablishment of the use.

(b)

Revocation.

(1)

If construction of a conditional use has not been completed in accordance with the conditions of the approval, or if the use is not conducted consistent with any condition of approval, the city manager may terminate the approval. Notice of such termination shall be sent by certified mail to the owner of the property and any lessee of the property as indicated in the records of the city (i.e., transmission tower owners) and shall become effective ten days after the date of such notice, unless an appeal is filed with the city auditor and clerk's office. Within 60 days of receipt of an appeal, the original decision-making body shall hold a public hearing to consider the appeal. At the conclusion of the public hearing, the termination may be upheld, reversed or modified. In making such a decision, the planning board or the city commission shall consider whether there are substantial and legitimate reasons why construction of the conditional use was either not timely or in compliance with the original approval, whether there are substantial and legitimate reasons why the use was not conducted consistent with the conditions of approval and whether the termination of such approval will advance the goals and objectives of the comprehensive plan and the standards applicable to the original approval. It shall be the petitioner's burden of proof at the public hearing to show that the conditional use has been constructed and operated within the provisions of the original approval.

(2)

Grounds for revocation may include, but are not limited to, the following:

a.

A change in intensity (character) beyond what was initially intended which affects the public health, safety and welfare since adoption of the conditional use; or

b.

Any violations of this Code, including any conditions attached to the conditional use, by the owner/operator of the use.

(3)

Any applicant for a conditional use shall submit an affidavit with the application stating they understand and agree that the conditional use may be terminated at any time if they fail to construct or operate the conditional use within the provisions of the original approval, regardless of the amount of the investment they have committed to the conditional use. The affidavit shall also state that the applicant shall notify any future purchasers, or anyone having any legal interest in the conditional use, of these termination provisions. No future (subsequent) purchaser, owner, or operator of the conditional use shall utilize the conditional use until they have provided the director of neighborhood and development services the required affidavit. The affidavit shall be recorded in the public records of the county along with the resolution approving the conditional use. The execution of such affidavit by an applicant for a conditional use does not waive the applicant's rights of appeal as provided in section IV-910(b).

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

Purpose. These regulations are adopted for the general purpose of establishing standards and procedures to assure the orderly subdivision of land within the city, consistent with the requirements of F.S. ch. 177. A final plat is required when real property is divided into three or more zoning lots, parcels, tracts, or any other division of land and includes the establishment of a new street or alley.

(b)

Authority. The engineering division is authorized to review and accept the zoning lot layout of any preliminary plat applications. Final plat approval shall require approval by the city manager or designee.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

In addition to the general application requirements set forth in administrative regulations, an application for a subdivision plat shall be accompanied by such information necessary to demonstrate that the plat meets the criteria of the Engineering Design Criteria Manual (EDCM) and F.S. ch. 177, pt. 1. All applications for subdivision plats shall be submitted to the city auditor and clerk's office.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

(a)

Preliminary plats. An applicant may apply for optional preliminary plat approval from the engineering division in accordance with the requirements of the EDCM. The engineering division shall review the application for preliminary plat and shall determine whether the proposed plat satisfies the applicable criteria in the EDCM and accept, accept with conditions, or deny the application for preliminary plat. An applicant may submit an application that identifies the percentage of planned homes, not to exceed 75 percent of the residential subdivision or planned community, or the number of building permits that the governing body must issue for the residential subdivision or planned community. Final approval may not alter or restrict the applicant from receiving the number of building permits requested, so long as the request does not exceed 75 percent of the planned homes of the residential subdivision or planned community or the number of building permits.

(b)

Master building permit process. A master building permit valid for three consecutive years as available for applicants seeking multiple building permits for residential subdivision or planned communities.

(c)

Private provider utilization. Applicants may use private providers to expedite the application process for building permits, excluding right-of-way use permits, after a preliminary plat is approved.

(d)

Temporary parcel identification numbers. The governing body may work with appropriate local government agencies to issue temporary parcel identification numbers based on the metes and bounds of the plat contained in an application.

(e)

Final plats. The engineering division shall review the application for the final plat approval and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application. As part of the DRC review, the engineering division shall sign-off as to the final plat's conformity with F.S. ch. 177, pt. 1 and the applicable criteria of the EDCM.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

The city engineer, or their designee, shall review the recommended final plat and conditions, if any. A certification by the city engineer that the final plat complies with F.S. ch. 177, pt. 1 and the applicable criteria of the EDCM shall be required prior to the submission to the city manager or designee for final plat approval.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

The city manager or designee, acting as the administrative authority, shall review the proposed final plat and the site development plan required by the EDCM. The city manager or designee shall consider the written staff analysis and approve, approve with conditions, or deny the final subdivision plat in accordance with the requirements of F.S. ch. 177 and the EDCM.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

The city manager or designee shall consider, during its review of the final plat, whether the proposed design and layout meets the purpose and intent of these regulations, the EDCM, and the requirements of F.S. ch. 177, pt. 1.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

(a)

Preliminary plat. The approval of the preliminary plat, either with or without conditions, shall not constitute approval of the final subdivision plat. Approval of the preliminary plat shall be deemed to be approval of the layout submitted on the preliminary plat, as a guide to the preparation of the final plat.

(b)

Final plat. Seventy-five percent of the building permits may be issued prior to the approval of a final plat. The remaining 25 percent of the building permits may be issued after the approval of a final plat and the recording of the plat in the public records, provided all other required development approvals have been obtained and, provided further, that the city engineer has certified that the subdivider has complied with one of the following:

(1)

All improvements having been installed in accordance with the requirements of these regulations, the EDCM, the action of the city manager or designee in giving conditional approval of the final plat; or

(2)

Delivery of a performance bond, prior to the approval of the preliminary plat, available to the city, in a sufficient amount to assure completion of all required improvements. Performance bond may be released when the final certificate of occupancy is issued for all of the buildings and all required improvements are completed.

(c)

The applicant holds a valid performance bond for up to 130 percent of the necessary improvements, as defined in F.S. § 177.031(9), that have not been completed upon submission of the application under this section. For purposes of a master planned community as defined in F.S. § 166.3202(5)(b), a valid performance bond is required on a phase-by-phase basis.

(d)

An applicant may contract to sell, but may not transfer ownership of, a residential structure or building located in the residential subdivision or planned community until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court. An applicant may not obtain a temporary or final certificate of occupancy for each residential structure or building for which the building permit is issued until the final plat is approved by the city manager or designee, and recorded in the public records by the clerk of the circuit court.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

All requests for revisions, modifications, or resubdivision of a residential single-family subdivision shall be processed in the same manner as the original approval as outlined above.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

The final plat shall be recorded in the public records of the county with the costs of recording borne by the applicant, and after recording shall be maintained in the city auditor and clerk's office.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

If the subdivider is unable to submit the final plat within one year of the preliminary plat approval, such approval shall expire and be null and void. Provided, however, that a subdivider may request an extension of time from the engineering division, upon a showing that there is good cause for granting a time extension. Time extensions granted by the engineering division shall be for no more than six months from the date of the expiration of the original preliminary plat approval.

(Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

The city commission is hereby authorized to rezone property in accordance with the Florida Statutes and applicable case law.

(Ord. No. 02-4357, 4-29-02; Ord. No. 05-4607, § 5, 3-24-05)

(a)

Quasi-judicial rezonings (which affect individual zoning lots of land) may be initiated by the subject property owner, a non-owner with the written permission of such property owner, the city commission, the planning board, or the city manager. In addition to the application requirements for privately initiated quasi-judicial rezoning applications set forth in appendix B and administrative regulations, if any, a privately initiated application for a site specific quasi judicial rezoning shall be accompanied by information necessary to demonstrate that the proposed rezoning is consistent with the criteria of section IV-1106. City-initiated area wide legislative rezoning applications shall contain such information as is reasonably necessary to evaluate and decide the application. The planning board and city commission may direct the staff to provide additional information in support of the application upon a finding that the information submitted initially is not sufficient. At the option of the development review committee, planning board or city commission, an applicant may also be required to submit a site plan in order to demonstrate consistency with the Sarasota City Plan or tree protection regulations. All applications for rezonings shall be submitted to the city auditor and clerk's office.

(b)

An application may be accompanied by an offer to the city to impose special conditions (proffers) upon the development of the property that is the subject matter of the application.

(c)

At the request of an applicant for rezoning, an application for site plan approval pursuant to division 5 of this article may be processed concurrently with the rezoning application.

(Ord. No. 02-4357, 4-29-02; Ord. No. 05-4607, § 6, 3-24-05)

The planning department shall review the application for the rezoning and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application, which analysis shall set forth a recommended zoning district classification, if any, and setting forth the goals, objectives, and action strategies of the comprehensive plan affected by the proposed rezoning.

(Ord. No. 02-4357, 4-29-02)

The planning board shall conduct a public hearing to review the proposed rezoning and shall consider the written staff report and the testimony at the public hearing, and make a recommendation upon the proposed rezoning, which shall set forth its findings in regard to whether the proposed rezoning is consistent with the Sarasota City Plan. The board may include in its recommendation any modifications or conditions to the rezoning and the reasons therefore.

(Ord. No. 02-4357, 4-29-02; Ord. No. 05-4607, § 7, 3-24-05)

The city commission shall, in accordance with the provisions of section IV-202, review the proposed rezoning, the written staff report and the recommendation of the planning board, and shall approve, approve with conditions or deny the rezoning and site plan, if any, after a public hearing. Action taken by the city commission to approve a rezoning shall be documented in the form of an ordinance which rezones the subject property and which shall state with specificity any conditions offered by the applicant and accepted by the city commission pursuant to section IV-1102(b).

(Ord. No. 02-4357, 4-29-02; Ord. No. 05-4607, § 8, 3-24-05)

In reviewing all applications for rezoning, the planning board and city commission shall consider whether the proposed rezoning is consistent with and furthers the goals, objectives and action strategies of the Sarasota City Plan, and shall consider whether the proposed change will further the purposes of these regulations and other city ordinances, regulations and actions designed to implement the Sarasota City Plan.

(a)

For rezonings classified as legislative under section IV-202(b), the planning board and city commission shall consider whether the rezoning serves the public interest and is rationally related to the achievement of a valid municipal objective.

(b)

For rezonings classified as quasi-judicial under section IV-202(b), the planning board and city commission shall consider the following:

(1)

Whether the proposed change would be contrary to the future land use plan and would have an adverse effect on the Sarasota City Plan; in a non-use proffered rezoning, the planning board and city commission shall review the request considering the most intense use permitted in the requested zone district;

(2)

Compatibility with the existing land use pattern;

(3)

Possible creation of an isolated district unrelated to adjacent and nearby districts;

(4)

The population density pattern and possible increase or overtaxing of the land on public utilities;

(5)

Any increase and possible overloading of the city's sewage collection, treatment and disposal facilities;

(6)

Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

(7)

Whether changed or changing conditions make the passage of the proposed amendment necessary;

(8)

Whether the proposed change will create a drainage problem;

(9)

Whether the proposed change will seriously reduce the flow of light and air to adjacent areas;

(10)

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations;

(11)

Whether the proposed change will constitute a grant of special privileges to an individual owner as contrasted with the public welfare;

(12)

Whether the change suggested is out of scale with the needs of the neighborhood or the city; and

(13)

Whether it is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.

(Ord. No. 02-4357, 4-29-02; Ord. No. 05-4607, § 9, 3-24-05)

(a)

The ordinance which rezones the subject property shall state with specificity any conditions (proffers) offered by the applicant and accepted by the city commission pursuant to section IV-1102(b) and no building permit pertaining to the rezoned property shall be issued for construction which does not conform to any site plan finally approved by the city commission as part of the rezoning.

(b)

In the event that any conditions require the execution of an appropriate legal document by the applicant, then the applicant shall be required to execute same prior to issuance of a building permit. When appropriate, fully executed documents may be attached to the ordinance as exhibits.

(c)

Where the conditions offered by the applicant include the construction of public improvements, the city manager shall require security in the form of a deposit in cash or cashier's check in the amount of 115 percent of the estimated cost of such improvements, or shall require an irrevocable letter of credit or a performance and payment bond. When required, such bond shall be executed prior to commencement of construction with a surety insurer authorized to do business in the state as a surety. Such bond shall be conditioned that the applicant or his agent construct the public improvements in the time and manner described in the ordinance approving the conditional rezoning or in any specified exhibits thereto and that the applicant or his agent promptly make payment to all persons defined in F.S. § 713.01, whose claims derive directly or indirectly from the construction of such improvements. The form of any such bond or sureties thereon shall be subject to the approval of the city attorney as to form and correctness prior to the issuance of any building permit.

(Ord. No. 02-4357, 4-29-02)

A modification to any ordinance that rezones real property shall require a public hearing before the planning board and a separate public hearing before the city commission in accordance with the notice and public hearing requirements of sections IV-201 and IV-202 of these regulations. Revisions to site plans proffered as part of a rezoning application other than revisions determined to be minor pursuant to section IV-508, shall require the submission of an amended site plan to the planning board and city commission. A separate analysis of consistency of the revised site plan with the Sarasota City Plan (1998) shall be performed by the planning department and a separate finding of consistency shall be required by the planning board of the revised site plan with the Sarasota City Plan (1998). Approval of the revised site plan shall be evidenced by adoption of an ordinance amending the initial rezoning ordinance to reflect approval of the amended site plan, along with any additional conditions.

In the event a site plan, proffered as part of a rezoning application, expires pursuant to section IV-509, then any new site plan shall be submitted to the planning board and city commission and adoption of an ordinance amending the initial rezoning ordinance to reflect approval of a new site plan shall be required.

(Ord. No. 02-4357, 4-29-02)

An ordinance rezoning property shall have no expiration date, unless otherwise specified in the approval.

(Ord. No. 02-4357, 4-29-02)

The city commission is hereby authorized to amend the text of these regulations whenever the commission determines that the amendment would be in the public interest and would serve a valid public purpose.

(Ord. No. 02-4357, 4-29-02; Ord. No. 05-4607, § 10, 3-24-05)

Amendments to the text of these regulations may be initiated by the city commission, any board of the city, city manager, city attorney, or the department of neighborhood and development services. An application for a text amendment shall be accompanied by justification necessary to support the amendment. All applications for text amendments shall be submitted to the city auditor and clerk's office. The city commission shall have the authority to waive any one or all of the following requirements for a zoning text amendment when, in the judgment of a majority of the commissioners, such waiver is necessary or appropriate:

(1)

Filing of a formal application for a text amendment;

(2)

Submission of the proposed amendment to the development review committee for comments; and

(3)

The preparation of a written staff analysis of the application setting forth the goals and objectives of the Sarasota City Plan affected by the proposed amendments.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The planning department shall review the application for the amendment and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application, and setting forth the goals, objectives of the Sarasota City Plan affected by the proposed amendment.

(Ord. No. 02-4357, 4-29-02)

The planning board shall conduct a public hearing to review the proposed amendment, and shall consider the written staff analysis and the testimony at the public hearing, and make a recommendation upon the proposed amendment, which shall set forth its findings in regard to whether the proposed amendment will satisfy the standards set forth in section IV-1206, and its findings in regard to whether the amendment is consistent with Sarasota City Plan. The board may include in its recommendation any modifications or conditions to the amendment, and the reasons therefore.

(Ord. No. 02-4357, 4-29-02)

The city commission shall, in accordance with the provisions of section IV-202, review the proposed amendment, the written staff analysis and the recommendation of the planning board, and shall approve, approve with conditions or deny the amendment after a public hearing(s).

(Ord. No. 02-4357, 4-29-02)

In reviewing an application for a text amendment, the planning board and city commission shall consider whether the proposed amendment:

(1)

Is consistent with and furthers the goals, objectives and action strategies of the comprehensive plan;

(2)

Furthers the purposes of these regulations and other city ordinances, regulations and actions designed to implement the Sarasota City Plan; and

(3)

Would be in the public interest and serve a valid public purpose.

(Ord. No. 02-4357, 4-29-02; Ord. No. 05-4607, § 11, 3-24-05)

The purpose of this article is to establish a uniform procedure for the application to the city for the vacation of public streets or easements for sidewalks or rights-of-way purposes, and to provide the methods and procedures for processing the applications.

(Ord. No. 02-4357, 4-29-02; Ord. No. 24-5540, § 2(Exh. A), 9-16-24)

All requests for vacation of public streets or easements for sidewalks or rights-of-way purposes shall be made in writing upon an application form furnished by the city auditor and clerk's office and shall require the following information:

(1)

The name and address of the applicant;

(2)

A general description of the public street or easement for sidewalk or right-of-way purposes which the applicant seeks to have vacated and the location of same. Where possible, a legal description by metes and bounds shall be provided, which shall be accompanied by a map or drawing which also shows the general area involved and the location of the specific property interest to be abandoned;

(3)

The reason for the request for a vacation;

(4)

The names and addresses of the owners and occupants of real property abutting the public street or easement for sidewalk or right-of-way purposes which the applicant seeks to have abandoned;

(5)

The name and address of all public or private utility companies that may be involved or concerned with the vacation; and

(6)

Such other relevant information as the city may require, including, but not limited to, evidence that a community workshop has been properly noticed and conducted pursuant to division 2 of this article.

(Ord. No. 02-4357, 4-29-02; Ord. No. 24-5540, § 2(Exh. A), 9-16-24)

The planning department shall review the vacation application and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application.

(Ord. No. 02-4357, 4-29-02)

The planning board shall hold a public hearing and shall recommend approval with or without conditions or denial to the city commission. Such conditions may include conditions precedent to the effective date of the street vacation.

(Ord. No. 02-4357, 4-29-02)

The city commission shall consider the aforesaid reports and recommendations on applications for vacation, and shall, after public hearing, approve, approve with conditions or deny the application. Such conditions may include conditions precedent to the effective date of the street vacation.

(Ord. No. 02-4357, 4-29-02)

When considering an application for approval of a vacation, the DRC, the planning board, and the city commission shall consider:

(1)

The benefit to the general public of the existing public street or easement for sidewalk or right-of-way purposes;

(2)

The rearrangement of public streets or easements for rights-of-way purposes which will be required to secure a regular and harmonious system for traffic circulation if the vacation is granted;

(3)

Whether the public street or easement for sidewalk or right-of-way purposes has been improved, and the extent to which it is currently, or in the future will be, utilized by the general public;

(4)

Whether the vacation is proposed in conjunction with an application for development approval for adjacent property; and

(5)

Whether the proposed vacation is in the public interest.

(Ord. No. 02-4357, 4-29-02; Ord. No. 24-5540, § 2(Exh. A), 9-16-24)

A vacation ordinance may be amended by adoption of a subsequent ordinance upon submission of a written application, provided the notice and public hearing requirements of section IV-201 and IV-202 of these regulations are followed. The application shall address the necessity for the amendment and demonstrate compliance with the standards for review in section IV-1306, and shall demonstrate the amendment is warranted under the circumstances.

(Ord. No. 02-4357, 4-29-02)

A vacation shall have no expiration date, unless otherwise specified in the approval.

(Ord. No. 02-4357, 4-29-02)

No application for the vacation of all or a portion of a public street or right of way shall be considered or approved if the purpose of such application is to allow the construction of an arcade (as said term is defined in this Zoning Code) on the vacated public street or right of way.

(Ord. No. 05-4650, § 3, 2-21-06)

The city commission is hereby authorized to amend the Sarasota City Plan. Notwithstanding any provision contained herein, all requirements of F.S. ch. 163, pt. II as it exists now or as it may subsequently be amended shall be applicable to any amendments to the Sarasota City Plan reviewed and processed pursuant to this article. In case of a conflict between this article and said chapter of the state statutes, said chapter shall prevail.

(Ord. No. 02-4357, 4-29-02)

Applications for comprehensive plan amendments shall be filed in a form prescribed by the planning and redevelopment department along with the fees and charges for comprehensive plan amendments prescribed by section IV-102 of these regulations. An application for a comprehensive plan amendment shall include all information deemed necessary by the director of neighborhood and development services. Included within these requirements are such factors as:

(1)

Amendment type;

(2)

Who may propose an amendment;

(3)

How frequently amendments may be filed;

(4)

Application information;

(5)

Types of applications;

(6)

Where an application is to be filed;

(7)

Initial fees;

(8)

A schedule for processing both small and large scale amendments; and

(9)

Public participation requirements.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 24, 6-20-05; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

Editor's note— Ord. No. 04-4573, § 24, adopted June 20, 2005, repealed section IV-1402.1 in its entirety. Former section IV-1402.1 pertained to public participation and derived from Ord. No. 02-4357, adopted April 29, 2002.

The department of planning and redevelopment shall review the application for the Sarasota City Plan amendment. Based upon this review, the department shall prepare a written report which identifies goals, policies and objectives of the Sarasota City Plan affected by the amendment, analyzes the issues raised by the application, and present recommendations concerning the application.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 24, 6-20-05)

(a)

Small scale development activities as described in section F.S. § 163.3187(1)(c). The planning board, sitting as the local planning agency, shall hold a public hearing for the purpose of reviewing the proposed Sarasota City Plan amendment, considering the staff report, the guidelines for review in section IV-1406, and receiving testimony and evidence. The planning board shall recommend to the city commission approval, approval with modifications, or denial of the proposed amendment.

(b)

Other amendments.

(1)

Transmittal public hearing. The planning board, sitting as the local planning agency, shall hold a public hearing for the purpose of reviewing the proposed plan amendment, considering the staff report, the guidelines for review in section IV-1406, and receiving testimony and evidence. The planning board shall recommend to the city commission whether the proposed amendment should be transmitted to the appropriate state, regional, and local agencies for review and comment.

(2)

Adoption public hearing. Subsequent to receiving comments concerning the proposed amendment from the state department of community affairs (DCA), the planning board will hold a second public hearing if the director of neighborhood and development services determines that the DCA comments are of a substantive nature, as opposed to formatting and technical issues. The planning board shall make a recommendation to the city commission concerning the approval, approval with modifications or denial of the proposed amendment.

(3)

Administrative amendments and emergency amendments. Administrative amendments and emergency amendments shall be reviewed by the planning board under the procedures in either (a) or (b) of section IV-1404 above, based upon whether such amendments are processed as a small scale development activity as defined in section F.S. § 163.3187(1)(c).

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4515, § 8, 1-20-04; Ord. No. 04-4573, § 24, 6-20-05; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

Small scale development activities as described in F.S. § 163.3187(1)(c). The city commission shall hold a public hearing for the purpose of reviewing the proposed Sarasota City Plan amendment, considering the reports from both the planning board and the staff, the guidelines for review in section IV-1406, and receiving testimony and evidence. The city commission may approve, approve with conditions, or deny the proposed amendment or remand the proposal back to the planning board for further study. Any approval will be by adoption of an ordinance.

(b)

Other amendments.

(1)

Transmittal public hearing. The city commission shall hold a public hearing for the purpose of reviewing the proposed plan amendment, considering the reports from the planning board and the staff, the guidelines for review in section IV-1406 and receiving testimony and evidence. The city commission may approve, approve with conditions or deny the proposal for the purpose of transmitting same to the appropriate state, regional and local agencies for review and comment.

(2)

Adoption public hearing. Subsequent to receiving comments concerning the proposed amendment from the DCA, the city commission shall hold a second public hearing for the purpose of considering these comments, any additional reports from the planning board and the staff, and receiving testimony and evidence. In acting on the proposed amendment, the city commission may approve, approve with modifications, or deny the amendment. Any approval will be by adoption of an ordinance. If the city commission desires substantial modifications to the amendment, the commission may remand the amendment back to the planning board for additional study.

(3)

Administrative amendments and emergency amendments. Administrative amendments and emergency amendments shall be reviewed by the city commission under the procedures in either (a) or (b) of section IV-1405 above, based upon whether such amendments are processed as a small scale development activity as defined in F.S. § 163.3187(1)(c).

(Ord. No. 02-4357, 4-29-02)

In reviewing an application to amend the Sarasota City Plan, the planning board and the city commission shall consider whether the proposed amendment will:

(1)

Be consistent with the relevant components of the Sarasota City Plan, and whether such components of the Sarasota City Plan should be amended to ensure internal consistency; and

(2)

Establish a precedent, the cumulative effect of which would be inconsistent with the Sarasota City Plan.

(Ord. No. 02-4357, 4-29-02)

The adoption of a Sarasota City Plan amendment does not authorize the actual commencement of construction; it authorizes the applicant to process an application for final development approval.

(Ord. No. 02-4357, 4-29-02)

Any changes to Sarasota City Plan amendments shall be processed and reviewed in the same manner as the original amendment.

(Ord. No. 02-4357, 4-29-02)

The intent of this division is to provide procedures by which the city may enter into development agreements to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.

(Ord. No. 02-4357, 4-29-02)

In addition to the general application requirements set forth in administrative regulations, an application for approval of a development agreement shall be accompanied by:

(1)

A site plan meeting the requirements of division 5; or

(2)

A general development plan (at the option of the applicant), if the property subject to the proposed development agreement contains seven acres or more.

Whether the application is accompanied by item (1) or (2) above, the application shall also contain:

(3)

The requested duration of the development agreement, which shall not exceed ten years; and

(4)

A description of all existing and proposed public facilities and services that will service the development.

When an application for approval of a development agreement is accompanied by a general development plan (GDP) for the project site, as a condition precedent to the issuance of any building permit for vertical development of any block depicted in the GDP, a site plan for that block must be approved by the city planning board in accordance with article V, division 5 of the Zoning Code. This requirement shall not be construed to prevent the planning board from simultaneously considering site plans for two or more blocks if requested by an applicant to do so.

(Ord. No. 02-4357, 4-29-02; Ord. No. 17-5201, § 1, 4-17-17)

The planning department shall review the application for a development agreement and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application.

(Ord. No. 02-4357, 4-29-02)

The planning board shall review the proposed development agreement, the written staff analysis, and the testimony at the public hearing, and the board shall make a finding as to whether the proposed development agreement and the development authorized by said agreement is consistent with the Sarasota City Plan and shall issue a recommendation to the city commission for approval or denial of the development agreement.

(Ord. No. 02-4357, 4-29-02)

The city commission shall review the proposed development agreement, the written staff analysis, the recommendation of the planning board, the testimony at the public hearing, if the hearing is conducted quasi-judicially. The city commission may approve, approve with modifications, continue deliberations, or deny approval of the proposed development agreement.

(Ord. No. 02-4357, 4-29-02)

In reaching a decision as to whether or not the development agreement should be approved, approved with changes, approved with conditions, or disapproved, the city commission shall determine whether the development agreement meets the purpose and intent of this division of the regulations and whether the approval of such agreement is consistent with and furthers the goals, objectives and action strategies of the adopted Sarasota City Plan.

(Ord. No. 02-4357, 4-29-02)

(a)

Contents. The approved development agreement shall contain, at a minimum, the following information:

(1)

A legal description of the land subject to the development agreement;

(2)

The names of all persons having legal or equitable ownership of the land;

(3)

The duration of the development agreement, which shall not exceed ten years;

(4)

The development uses proposed for the land, including population densities, building intensities and building height;

(5)

A description of the public facilities and services that will service the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement;

(6)

A description of any reservation or dedication of land for public purposes;

(7)

A description of all local development approvals approved or needed to be approved for the development;

(8)

A finding that the development approval as proposed is consistent with the Sarasota City Plan and land development regulations of the city. Additionally, a finding that the requirements for concurrency as set forth in section IV-203 of these regulations have been satisfied;

(9)

A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public health, safety or welfare of the citizens of the city. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the city;

(10)

A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions;

(11)

The development agreement may provide, in the discretion of the city commission, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline;

(12)

A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement; and

(13)

All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement.

(b)

Recording. No later than 14 days after the execution of a development agreement by all parties thereto, the city shall record the development agreement with the clerk of the circuit court in the county. The applicant for a development agreement shall bear the expense of recording the development agreement. Additionally, the city shall submit a recorded copy of the development agreement to the state department of community affairs no later than 14 days after the development agreement is recorded.

(Ord. No. 02-4357, 4-29-02)

(a)

The codes and ordinances of the city governing the development of land subject to a development agreement, in existence at the time of the execution of a development agreement, shall govern the development of the land for the duration of the development agreement. Upon the expiration or termination of a development agreement, all codes and ordinances of the city in existence upon the date of expiration or termination shall become applicable to the development regardless of the terms of the development agreement.

(b)

The city may apply codes and ordinances adopted subsequent to the execution of a development agreement to the subject property and development only if the city commission, upon holding a public hearing, has determined that such subsequent codes and ordinances are:

(1)

Not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement;

(2)

Are essential to the public health, safety or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

(3)

Are specifically anticipated and provided for in the development agreement;

(4)

The city demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; and

(5)

The development agreement is based on substantially inaccurate information supplied by the developer.

(c)

This section does not abrogate any rights that may vest pursuant to common law.

(Ord. No. 02-4357, 4-29-02)

A development agreement may be amended by mutual consent of the city and the developer, provided the notice and public hearing requirements of sections IV-201 and IV-202 of these regulations are followed. A party to a development agreement may request one extension of the duration of the development agreement, not to exceed one year from the date of expiration of the initial term of the development agreement, by submitting an application to the office of the city auditor and clerk's office at least 60 days prior to the expiration of the initial term of the agreement. The application shall address the necessity for the extension and shall demonstrate that the extension is warranted under the circumstances. The city auditor and clerk's office shall schedule the requested extension as a proposed amendment to the development agreement for public hearing before the planning board and city commission, as set forth in section IV-202 of these regulations.

(Ord. No. 02-4357, 4-29-02)

The city manager shall review all lands within the city subject to a development agreement at least once every 12 months to determine if there has been demonstrated good-faith compliance with the terms of the development agreement. The city manager shall make an annual report to the city commission as to the results of this review. In the event the city commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the development agreement may be revoked or modified by the city commission upon giving at least 15 days written notice to the parties named in the development agreement. Such termination of a development agreement shall occur only after compliance with the public hearing and notice requirements of section IV-202.

(Ord. No. 02-4357, 4-29-02)

Any aggrieved or adversely affected person, as defined in F.S. § 163.3215(2), or the state department of community affairs, may file an action for injunctive relief in the circuit court for the county to enforce the terms of a development agreement, or to challenge compliance of the agreement with F.S. §§ 163.3220—163.3243.

(Ord. No. 02-4357, 4-29-02)

The city commission is hereby authorized to issue development orders for developments of regional impact. Notwithstanding any provision contained herein, all requirements of F.S. ch. 380 as it exists now or as it may subsequently be amended shall be applicable to any development orders reviewed and processed pursuant to this article. In the event of a conflict between this article and chapter 380, the provisions of chapter 380 will prevail.

(Ord. No. 02-4357, 4-29-02)

(a)

Initiation of proposal. An application for approval of a development of regional impact may be proposed by the owner of the property that is the subject of the application or may be proposed by the city commission or the city manager.

(b)

Application. Any proposed development of regional impact application shall be filed with the city auditor and clerk's office on an application form to be provided by the department of planning and development. If the application is filed concurrently with another application for development approval, the general application requirements set forth in administrative regulations shall apply, as well as the information required for any specific development approval requested. An application shall contain the information necessary to demonstrate that the proposed development meets the criteria of section IV-1606.

(Ord. No. 02-4357, 4-29-02)

The planning department shall review the application for development of regional impact approval and the comments of all members of the DRC, and shall prepare a written staff analysis of the issues raised by the application.

(Ord. No. 02-4357, 4-29-02)

The planning board shall conduct such public hearings as required by F.S. ch. 380 to review the proposed development order, and shall consider the written staff analysis and the testimony at the public hearing. The planning board shall issue a recommendation to the city commission for approval or denial of the application.

(Ord. No. 02-4357, 4-29-02)

The city commission shall conduct such public hearings as required by F.S. ch. 380 to review the development order, and shall consider the written staff analysis, the recommendation of the planning board, the criteria in F.S. ch. 380, and the testimony at the public hearing. The city commission shall approve, approve with conditions, or deny the proposed development order by adoption of a resolution.

(Ord. No. 02-4357, 4-29-02)

In reviewing the application for a development order, the DRC, the planning board, and the city commission shall consider whether and the extent to which:

(1)

The development will interfere with the achievement of the objectives of the adopted state land development plan applicable to the area;

(2)

The development is consistent with the Sarasota City Plan;

(3)

The development is consistent with the report and recommendations of the regional planning agency; and

(4)

The development is consistent with the state comprehensive plan.

(Ord. No. 02-4357, 4-29-02)

The adoption of development order does not authorize the actual commencement of construction; it authorizes the applicant to process an application for final development approval.

(Ord. No. 02-4357, 4-29-02)

Any changes to development orders shall be processed and reviewed in the same manner as the original approval.

(Ord. No. 02-4357, 4-29-02)

The city commission is hereby authorized to grant such waivers from the literal terms of these regulations where there are practical difficulties or unnecessary hardships so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done.

(Ord. No. 02-4357, 4-29-02)

In addition to the general application requirements set forth in administrative regulations, an application for a waiver shall be accompanied by documentation that establishes how the applicant meets the criteria of section IV-1706.

(Ord. No. 02-4357, 4-29-02)

The planning department shall review the application for the waiver and may request comments of members of the DRC, and shall prepare a written staff analysis of the issues raised by the application.

(Ord. No. 02-4357, 4-29-02)

The planning board shall conduct a public hearing to review the proposed waiver, and shall consider the written staff analysis and the testimony at the public hearing, and make a recommendation upon the requested waiver. The board may include in its recommendation any modifications or conditions to the request it deems necessary, and the reasons therefor.

(Ord. No. 02-4357, 4-29-02)

(a)

Upon receipt of the planning board's recommendation and the written staff analysis, the city commission may affirm the planning board's recommendation without a hearing or may hold a public hearing to consider the application for a "G" zone waiver and grant, grant with conditions, or deny the application.

(b)

The city commission shall make findings that the criteria of these regulations have or have not been satisfied by the applicant.

(c)

Action taken by the city commission to grant a waiver or to grant a waiver with conditions or safeguards shall be documented in the form of a resolution containing a legal description of the real property to which the waiver applies, together with the terms of the waiver, findings of fact and any additional conditions or safeguards imposed.

(Ord. No. 02-4357, 4-29-02)

In reaching a decision as to whether or not the waiver application should be approved, approved with changes, approved with conditions, or disapproved, the planning board and the city commission shall consider:

(1)

Whether the requested waiver will enhance or improve the site, structure or building design;

(2)

Whether the requested waiver will allow the reasonable use of the land; and

(3)

Whether the requested waiver will be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 02-4357, 4-29-02; Ord. No. 21-5346, § 3(Exh. A), 12-7-20)

In granting any waiver, the city commission shall prescribe appropriate conditions and safeguards in conformity with these regulations, including, but not limited to, reasonable time limits within which the development for which a waiver is required shall be initiated, diligently pursued and completed. If the development is not initiated and diligently pursued in said time period, the waiver shall be deemed to automatically expire. In no case, may work for which a waiver is granted not be initiated within one year. Prior to the end of the year, if work has not begun, the applicant may request one-time extension not to exceed one additional year. The city commission may approve such request upon determining that the request is warranted under the circumstances. Violation of such conditions and safeguards, when made a part of the terms under which the waiver is granted, shall be deemed a violation of these regulations.

(Ord. No. 02-4357, 4-29-02)

A "G" zone waiver may be amended by adoption of a resolution by the city commission, provided the notice and public hearing requirements of sections IV-201 and IV-202 of these regulations are followed. The application requesting an amendment shall demonstrate compliance with the standards for review in section IV-1706 and that the amendment is warranted under the circumstances.

(Ord. No. 02-4357, 4-29-02)

There are uses, similar to those regulated by conditional use permit, that, by their nature, may, but do not necessarily have significant adverse effects on the environment, overburden public land and services, change the desired character of an area, create major nuisances, or most importantly present the possibility of a change in circumstances during their life. The provisional use permit review process provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address identified concerns, to deny the use if the concerns cannot be resolved, and to discontinue the use when circumstances change.

(Ord. No. 02-4357, 4-29-02)

Uses that require a provisional use permit review and are subject to the regulations of this section are listed in either the land use matrix for the base zone districts, in the regulations of overlay zone districts, or in the accessory use or temporary use sections. In addition to the general application requirements set forth in the general review section of this article, an application for a specific provisional use permit shall be accompanied by such additional documents and information as may be outlined in the section dealing with the specific land use type. Similarly, the applicable approval criteria for a specific use will also be found in the section dealing with the specific land use type.

(Ord. No. 02-4357, 4-29-02)

The provisional use permit review procedure is an administrative process of review by the city manager, or their designee, with the opportunity to appeal the city manager's decision to the city commission.

(1)

Pre-application meeting. The applicant may request a pre-application meeting for all requests processed through a provisional use permit procedure.

a.

Purpose. The pre-application meeting informs the applicant of the substantive and procedural requirements of this section, identifies application requirements for the specific use being discussed on a site, provides for an exchange of information regarding specific applicable requirements of other city codes, and identifies policies and regulations that create opportunities or pose significant problems for a proposal. Technical and design assistance is available at the meeting that will aid in the development of an application.

b.

Requirements. Forms for pre-application meetings, as approved by the city manager, are available from the city auditor and clerk's office. No fee is required at the time the request for a pre-application meeting is submitted. The applicant must submit a written proposal and sketched site plan of the proposal. A pre-application meeting shall be held only after the above requested information and a completed request form has been submitted.

c.

Participants. The applicant meets with the city manager and/or their designee at the pre-application meeting. Additional city staff may be invited and representatives of all neighborhood associations whose neighborhood boundaries lie within 500 feet of the applicant's zoning lot are also invited to attend.

d.

Pre-application meeting recommendations. The city manager will provide the applicant with a written summary of the pre-application meeting following conclusion of the meeting. The written summary will include suggestions and information that were raised at the meeting for inclusion in an application. If the approval criteria for the land use review involve a determination of adequacy, or if an exception is being requested by the applicant which requires submission of additional information such as a traffic impact study those needs will also be detailed in the summary report.

e.

Other pre-application advice. An applicant may request advice from other city departments or the development review committee prior to submitting a provisional use permit application. These requests are known as "design advice requests." These requests do not substitute for a required pre-application meeting with the city manager.

f.

Time limit. A pre-application meeting is valid for up to six months. If more than six months has elapsed between the date of the pre-application meeting and the date the application is submitted, the results of the meeting are no longer valid. In such instances the applicant may request a new meeting.

(2)

Application. The applicant must submit a provisional use permit application to the city auditor and clerk's office on forms specified by the city manager, or their designee, and accompanied by the correct fee in accordance with section IV-102. The application package must contain all the information required for the specific land use type being requested and any additional information identified in the pre-application summary report.

(3)

Notice of a request. Upon receipt of a complete provisional use permit application the city auditor and clerk shall mail a notice of the request to all property owners within 500 feet of the zoning lot, and to all neighborhood associations whose neighborhood boundaries lie within 500 feet of the applicant's zoning lot.

(4)

Application processing time. Upon determining that the provisional use permit application is complete the city manager, or their designee, shall make a decision to approve, approve with conditions, or deny the request within 45 calendar days of the date. The city manager may allow for an extension of this time limit, not to exceed one additional 45-day period, if he determines additional study and information is necessary.

(5)

Administrative decision.

a.

In making the decision the city manager, or their designee, may consult with the owner, applicant, other citizens, city departments, other public, or private organizations, to solicit information relevant to the request. The decision is based on the city manager's findings with regard to the considerations identified for the specific land use type requested. The city manager's findings shall be based on an evaluation of the facts, the submitted application material, the applicable code regulations, and the applicable design guidelines.

b.

The written decision of the city manager, or their designee, shall include any conditions, time limits, or other restrictions that may apply to the provisional use permit action.

(6)

Notice of decision (pending appeal). The city manager will file the notice of decision (pending appeal) by the next working day after the decision is made. The city auditor and clerk will mail a notice of the decision to all property owners within 500 feet of the zoning lot, neighborhood association(s) whose neighborhood boundaries lie within 500 feet of the applicant's zoning lot to any person who submitted written comments, and to the city auditor and clerk.

(7)

Ability to appeal. The city manager's decision is final unless appealed. The decision may be appealed by the applicant, the owner, and those entitled to notice. The appeal must be submitted to the city auditor and clerk's office within 14 calendar days of the day the notice of decision is mailed. The review body for the appeal shall be the city commission.

(8)

When no appeal is filed. If no one appeals the decision, the decision takes effect on the day after the last day to appeal.

(9)

When an appeal is filed. Appeals must comply with the following:

a.

Content of the appeal. The appeal must be submitted to the city auditor and clerk's office on forms provided by the city manager. All information requested on the form must be submitted in order for the appeal to be accepted.

b.

Notification of appeal hearing. The city auditor and clerk will file a copy of the appeal, within three business days of its receipt, with the applicant, unless the applicant is also the appellant. Within seven calendar days of the receipt of the appeal, the city auditor and clerk will send a notice of the appeal hearing to the applicant and all persons and recognized organizations that received the notice of the decision.

c.

Scheduling of hearing. The city manager will schedule a public hearing with the city commission to take place no less than 21 calendar days from the mailing of the notice of appeal.

d.

Submit report to city commission. The city manager will forward the decision report and a copy of the appeal to the city commission and make the report and copy of the appeal available to the public at least seven calendar days prior to the date of the hearing.

e.

Appeal decision. The city commission may adopt the decision report of the city manager, modify it, or reject it based on information presented at the hearing and in the record.

f.

Notice of final decision. The city commission will cause to have mailed notice of their decision. The city commission's final decision will be mailed to the applicant, owner, and to any recognized organizations or persons who responded in writing to the appeal notice, testified at the hearing, or requested notice of the decision. In the case of multiple signatures on a letter or petition, the person who submitted the letter or petition or the first signature on the petition will receive the final decision notice.

(10)

Effective date of final decision. The city commission's decision takes effect on the day the final decision notice is mailed.

(11)

Appeal decision final. The city commission's appeal decision is final and may not be appealed to another review body within the city.

(12)

Revocation of the provisional use permit. The city manager may revoke any provisional use permit issued pursuant to this section for the failure of the permittee to adhere to any standard or requirement of the permit, this section, or for the violation of any standards or requirements of the Sarasota City Code, including the zoning code. If the revocation is due to either the city's, or other governmental entity's need for the public property, the revocation shall be immediate upon notice to the permittee. If the revocation is due to a reason other than the city's, or other governmental entity's need for the public property, the city manager shall adhere to the following revocation process:

a.

The permittee shall be given written notice of a violation and the action necessary to correct the violation. Notice shall be hand delivered or mailed to the permittee by U.S. registered mail, return receipt requested.

b.

The notice shall specify a time within which the permittee shall correct the violation. In the event the permittee shall fail to correct the violation, within the time specified, the provisional use permit shall be deemed revoked and of no further force and effect. Upon revocation, the permittee shall immediately cease the operation of the use. If applicable, within five calendar days the permittee shall remove all furniture and other objects placed within the permit area. Should permittee fail to do so, the city shall collect on the performance guarantee and use the funds to remove all furniture and objects from the permit area.

c.

Within five days of the date of the revocation of a permit, the permittee may appeal the revocation. An appeal shall be deemed perfected when the permittee has submitted, in writing, a statement that an appeal is being taken and the grounds or reasons therefore, with the city auditor and clerk. The city commission at its next available regular meeting shall schedule the appeal for consideration.

d.

At a revocation appeal hearing before the city commission, the permittee shall be given a reasonable opportunity to be heard in order to show cause why the revocation of the provisional use permit should not be allowed to stand. After hearing from the permittee and such other persons or sources as the city commission shall deem appropriate, the city commission shall render its decision on the appeal. The action of the city commission shall be final.

(Ord. No. 02-4357, 4-29-02; Ord. No. 13-5055, § 2(Att. 1), 5-6-13)

(a)

Authority. Site plans for properties in the downtown zone districts or site plans in the urban mixed-use zone districts utilizing the attainable housing density bonus (see section VI-1103(b)(3)) shall be processed administratively without regard to the thresholds for administrative site plans in subsection IV-501(c). At the option of the applicant, a site plan may be processed in advance of a building permit or in conjunction with a building permit. The development services department shall review all site plans for completeness and compliance with the provisions of this section and the regulations pertaining to downtown zone districts and urban mixed-use zone districts utilizing the attainable housing density bonus. The development services department shall solicit and consider comments from the development review committee (DRC) on all applications for site plan approval exceeding the thresholds found in section IV-501(c) of this Code whether the application has been filed in advance of an application for a building permit or in conjunction with an application for a building permit. Any final decision of the director of development services to approve or deny a site plan may be appealed to the planning board in accord with subsection IV-1901(g) below. No building permit for construction in accordance with an approved site plan shall be issued until the expiration of the ten-day appeal period referred to in subsection IV-1901(g) and, if applicable, until the final disposition of any appeal pursuant to subsection IV-1901(g) or subsection IV-1901(h). The office of the city auditor and clerk shall mail a notice of approval or a notice of denial to those persons or entities who were entitled to receive a notice of filing pursuant to subsection IV-201(e) of this Code. A notice of approval or a notice of denial shall also be mailed or e-mailed to any condominium, cooperative, homeowners' association or neighborhood association which includes property located within 500 feet of the property that is the subject of the application for site plan approval, provided such condominium, cooperative or association has registered with the city for the purpose of receiving notices of applications for development approvals.

In the event that a site plan requires other development approvals (e.g., conditional use, development agreement) or requires a vacation of right-of-way, then the site plan shall be filed and processed in accord with the applicable development review procedures set out in article IV of this Code. In the event that a site plan requires approval of a right-of-way encroachment agreement, then the site plan shall be processed in accordance with this section; however, approval of the encroachment agreement shall be obtained in accord with the procedures set out in article VII, division 12.

(b)

Site plan review. An application for site plan approval shall be accompanied by the information and documentation required by the applicable review procedures set out in article IV, division 3.

(c)

Concurrency review. An analysis shall be prepared by relevant professionals to determine that the adopted level of service for potable water, wastewater, stormwater, solid waste, recreation, and transportation has been met in accord with the methodology defined in appendix A of this zoning code.

(d)

Enforcement. Should a violation of an approved design occur during construction, the director of development services has the authority to require the developer to stop, remove, and/or alter the violation or to require the developer to secure an adjustment in accord with section IV-1903.

(e)

Expiration of approval. Site plan approval shall expire two years after the date of the action granting such approval if a building permit for construction on the site has not yet been issued. When an approved site plan incorporates approved conditional uses or adjustments, such conditional uses or adjustments will also expire upon the expiration of the site plan.

(f)

Extension of approval. However, upon application submitted to the city auditor and clerk's office at least 30 calendar days prior to the expiration of site plan approval; the director of development services may grant a one-time extension of the site plan up to two additional years. No additional extensions are permitted. The application for the extension of the site plan shall demonstrate compliance with approval criteria (1), (2), or (3) below.

(1)

The application contains evidence satisfactory to the director of development services that the applicant has made reasonable efforts to develop the documents needed to make an application for a building permit and has taken reasonable steps to secure any other development approvals that may be needed from other permitting authorities to allow for the submission of a building permit application; or

(2)

The application contains evidence satisfactory to the director of development services establishing that the applicant has, since the date of the site plan approval, made significant and substantial expenditures or incurred significant and substantial obligations in reliance on the approval and in furthering and proceeding with the development, or

(3)

The delay in proceeding with the commencement of the development resulted from "force majeure" or "act of God" and not acts or omissions of the applicant.

The burden of proof is on the applicant to show that the evidence is satisfactory, and no guarantee is made for approval of the extension. This paragraph (f) and paragraph (e) above shall not apply to a site plan which is subject to or governed by an enforceable development agreement pursuant to article IV, division 15 of the zoning code.

The denial by the director of development services of an application to extend the site plan approval may be appealed to the planning board by filing such appeal with the city auditor and clerk's office no later than ten days after the written decision by the director of development services.

(g)

Appeal to planning board. Any aggrieved person may appeal the decision of the director of development services to approve or deny a site plan by filing a notice of appeal with the office of the city auditor and clerk on a form prepared by the development services department within ten calendar days after the date the notice of approval or notice of denial is mailed by the office of the city auditor and clerk as required by subsection IV-1901(a). The planning board shall hold a de novo hearing on the application for site plan approval. The hearing shall be advertised and conducted in accord with section IV-202. No building permit for construction in accordance with an approved site plan shall be issued until the expiration of the ten-day appeal period referred to in subsection IV-1901(h). If an appeal is filed, no building permit shall be issued until a final decision on the appeal has been made by the planning board or by the city commission unless the applicant executes an agreement with the city, in a form approved by the city attorney, acknowledging that the applicant is proceeding at the applicant's own risk if construction is commenced pursuant to the building permit prior to the final determination of the appeal.

Prior to conducting the hearing, the planning board shall make a determination as to whether the entity or person who filed the notice of appeal is an "aggrieved person" as defined in this zoning code and the planning board may receive evidence on this issue. In the event the planning board determines that the appealing party is not an "aggrieved person," the board shall not conduct the hearing on the application for site plan approval and the decision appealed from shall become final.

(h)

Appeal to city commission. An appeal of a decision of the planning board may be made to the city commission. A notice of appeal in the form of a letter shall be filed with the city auditor and clerk's office within ten days of the planning board's decision. The city commission shall hold a de novo public hearing to consider the appeal, and may affirm, affirm with conditions or reverse the decision of the planning board. The hearing shall be advertised and conducted in accord with section IV-202. An appeal of the decision of the city commission may be made to the county circuit court by filing a petition for writ of certiorari as provided under the Florida Rules of Appellate Procedure. A decision of the city commission to approve or deny a site plan as provided in subsection (g) above shall be deemed to have been rendered on the date that the city commission adopts a resolution setting forth its findings and decision.

(i)

Changes to administrative site plans.

(1)

Minor revisions to site plans. The director of development services is authorized to allow minor revisions to an approved administrative site plan after receipt of comments from the DRC and to authorize the issuance of a building permit for construction in accordance with the revised site plan.

Refer to section IV-508 regarding criteria for minor revisions to site plans.

(2)

Major revisions to site plans. If the requested modification to an approved site plan is determined by the director of development services not to be a minor revision, the request shall be processed in the same manner as the original approval.

(Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 05-4648, § 3, 1-3-06; Ord. No. 05-4649, § 3, 2-21-06; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 08-4819, § 2(att. 1), 7-21-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 13-5054, § 2(Exh. A), 8-19-13; Ord. No. 19-5275, §§ 6, 7, 5-20-19; Ord. No. 22-5414, § 2(Exh. A), 5-16-22; Ord. No. 24-5510, § 2(Exh. A), 4-1-24)

(a)

Authority. Upon written request, the director of neighborhood and development services is hereby authorized to interpret all regulations in this Code that are applicable to properties within the downtown zone districts.

(b)

Procedure. A request for an administrative interpretation shall be sent to the director of neighborhood and development services. The request shall specifically identify the particular provision or regulation for which an interpretation is requested and shall further identify the real property and the proposed development or redevelopment thereon to which the interpretation will be applied. The director of neighborhood and development services shall issue a written opinion on the request and shall forward same to the person who requested the interpretation with a copy to the office of the city auditor and clerk. The office of the city auditor and clerk shall give written notice of the interpretation to property owners within 500 feet of the property identified in the request for interpretation and to those persons registered in the office of the city auditor and clerk to receive notice of applications for development approval.

(c)

Planning board review.

(1)

The planning board is hereby authorized to hear and decide appeals filed by an aggrieved person in which it is alleged that there is error in any interpretation of a regulation applicable to properties within the downtown zone districts made by the director of planning.

(2)

A notice of appeal authorized under the provisions of this section shall be filed on forms prepared by the planning department in the city auditor and clerk's office within 60 days from the date the notice of such decision is mailed, as provided in section IV-1902(b) above. The planning board hearing on the appeal from the administrative interpretation shall be a de novo hearing and shall be advertised and conducted in accord with section IV-202. The director of neighborhood and development services shall transmit copies of the complete file on the request for interpretation to the planning board prior to the hearing. Prior to conducting the hearing, the planning board shall make a determination as to whether the entity or person who filed the notice of appeal is an "aggrieved person" as defined in this zoning code and the planning board may receive evidence on this issue. In the event the planning board determines that the appealing party is not an "aggrieved person," the board shall not conduct the hearing on the request for an administrative interpretation.

(3)

When an appeal is filed, all proceedings in furtherance of the action appealed from shall be stayed, unless the director of planning certifies to the planning board that by reason of facts stated in the appeal, a stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed other than by a restraining order granted by the planning board or by a court of record on application, on notice to the director of planning, and on due cause shown.

(d)

Action by planning board.

(1)

The planning board shall grant the appeal, grant the appeal subject to specified conditions, or deny the appeal, and to that end, shall have all the powers of the director of neighborhood and development services.

(2)

The director of neighborhood and development services, as secretary to the planning board, shall provide written notification to the aggrieved person initiating the appeal of the decision of the planning board.

(e)

Appeal of decision. An appeal of a decision of the planning board may be made to the city commission. A notice of appeal in the form of a letter shall be filed with the city auditor and clerk's office within ten days of the planning board's decision (which is not required to be in written form). The city commission shall hold a de novo public hearing to consider the appeal and may affirm, affirm with conditions or reverse the decision of the planning board. An appeal of a decision of the city commission may be made to the county circuit court, by filing a petition for writ of certiorari as provided under the Florida Rules of Appellate Procedure. A decision of the city commission regarding an administrative appeal shall be deemed to have been rendered on the date that the city commission adopts a resolution setting forth its findings and decision.

(Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 05-4648, § 3, 1-3-06; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

(a)

Purpose and applicability. The regulations of the downtown zone districts are designed to implement the downtown master plan and the Urban Neighborhood, Urban Edge, Downtown Core, and Downtown Bayfront future land use classifications of the Sarasota City Plan. The regulations of the urban mixed-use zone districts are designed to implement the urban mixed-use future land use classifications of the Sarasota City Plan. These regulations apply over a wide area, but because of the diversity within the downtown and along the mixed-use commercial corridors and commercial centers, some sites may be difficult to develop in compliance with these regulations. The adjustment review process provides a mechanism by which the regulations of this Code may be modified if the proposed development continues to meet the intended purpose of the downtown zone districts (article VI, division 10) and urban mixed-use zone districts (article VI, division 11). Adjustments may also be used when strict application of the regulations would preclude all reasonable economic use of a site. Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to meet the purposes of the Code, while allowing the regulation to continue to provide certainty and rapid processing of land use applications.

Each adjustment shall be considered unique and shall not set precedent for others.

(b)

Regulations which may and may not be adjusted.

(1)

Eligible regulations. Unless listed below, all regulations in this Code may be modified for the downtown zone districts and urban mixed-use zone districts by using the adjustment review process.

(2)

Ineligible regulations. No adjustments shall be granted for the following items:

a.

Allowed uses.

Exception: An adjustment to the drive-through limitation may be considered when access from a secondary street or alley is not possible and then only if the facility is to serve a financial institution. In no case shall such an adjustment allow ingress or egress on Main Street.

b.

Maximum residential densities and attainable housing dwelling unit requirements for bonus densities.

Exception: An adjustment to the maximum density may be considered when the zoning lot size is insufficient to permit one dwelling unit.

c.

Maximum building height and requirements to achieve bonus height.

d.

Maximum floor area ratio.

e.

Location of parking on primary street grid.

Exceptions:

i.

An adjustment to allow relief from one or more of the prohibitions against surface or structured parking in the first and second layers may be considered when a zoning lot fronts on two or more primary streets.

ii.

An adjustment to allow structured parking in the second layer may be considered above the first story when a zoning lot has a depth less than 135 feet and zoned DTB, DTC, DTE, or DTNE. The depth shall be measured along a perpendicular line drawn from the front lot line towards the rear lot line.

iii.

If an adjustment to allow structured parking in the second layer is considered, the facade screening shall be similar to the design, character, and treatment of the habitable portions of the building.

f.

Requirements applicable to the two new buildings which may exceed the ten-story height limitation in the DTC zone allowable under subsection VI-1005(g)(3)b.

g.

Requirements applicable to bonus height for new buildings which may exceed the ten-story height limitation in the DTC zone allowable under subsection VI-1005(g)(3)c.

h.

Frontage types prohibited under table VI-1004.

i.

Signs prohibited under subsection VII-110(5) and VII-110(28).

(c)

Authority and procedure.

(1)

Application requirements. An application for an adjustment shall be accompanied by documentation that establishes how the applicant meets the criteria of subsection IV-1903(e).

(2)

Staff review and report.

a.

The planning department shall review the application for the adjustment and may request comments of members of the development review committee (DRC), and shall prepare a written staff analysis of the issues raised by the application.

b.

In conjunction with final project approval and consistent with the criteria in subsection VI-1903(e), the director of neighborhood and development services is authorized to grant adjustments from the following standards.

1.

Dimensional standards. Except for the preservation of trees and except as provided in paragraph 5, below, no adjustment to a dimensional standard shall be granted by the director of neighborhood and development services which would result in a reduction of a code requirement or an increase in a code limitation by more than 25 percent. For example, a 12-foot minimum recess may be reduced to nine feet or a maximum sign area of four-square-feet may be increased to five square feet.

2.

Preservation of trees protected by article VII, division 3.1.

3.

Placement of signs.

4.

Building design standards for streetwalls, windows, shape of openings, roofs and exterior finish standards, except as provided in paragraph 5, below.

5.

Standards for additions and remodeling. As to any proposed addition or remodeling of a building constructed prior to the date that the downtown properties were rezoned pursuant to the Zoning Code (2002 edition), i.e. September 7, 2005, the director of neighborhood and development services may administratively adjust the maximum setback limits and the minimum height requirements of table VI-1003 by any percentage and may administratively adjust the design standards of table VI-1004 for street walls and windows by any percentage in order to allow for incremental or delayed compliance with the Code over time.

6.

Location of parking on primary street grid. If a building is proposed for an addition or remodeling and is either listed on the National Register of Historic Places, the Florida Master Site File, or is locally designated as an historic structure under the City of Sarasota Historic Preservation Ordinance, and the building will be preserved and any proposed addition is less that [than] 50 percent of the square footage of the historic building, then the director of neighborhood and development services may administratively adjust code standards to allow for the provision of vehicular access, loading areas and surface or structured parking in the first and second layers in order to allow for incremental or delayed compliance with the Code over time.

All other adjustments require approval from the planning board.

(3)

Planning board action.

a.

If a requested adjustment is not granted by the director of neighborhood and development services then the request for adjustment may be appealed to the planning board for consideration at a public hearing by filing a letter requesting an appeal with the city auditor and clerk's office within 15 days from the date of a letter prepared by the director of neighborhood and development services notifying the petitioner of the decision. If a request for adjustment exceeds the authority of the director of neighborhood and development services (defined in subsection IV-1903(c)(2) above), then the request shall require submission to the planning board for initial consideration at a public hearing. In either event, the planning board shall conduct a de novo public hearing which shall be advertised and conducted in accord with section IV-202. The planning board shall review the proposed adjustment, shall consider the written staff analysis and the testimony at the public hearing, and shall grant, grant with conditions, or deny the application. The request for an adjustment shall not subject the entire application for development approval to a public hearing unless otherwise required by this Code, but only that portion necessary to rule on the issue under consideration.

b.

The planning board shall make findings that the criteria of these regulations have or have not been satisfied by the applicant.

c.

Action taken by the planning board to grant an adjustment or to grant an adjustment with conditions or safeguards shall be documented in the form of a resolution containing a legal description of the real property to which the adjustment applies, together with the terms of the adjustment, and any additional conditions or safeguards imposed.

(d)

Appeal of decision. An appeal of a decision of the planning board may be made to the city commission. A notice of appeal in the form of a letter shall be filed with the city auditor and clerk's office within ten days of the planning board's decision (which is not required to be in written form). The city commission shall hold a de novo public hearing to consider the appeal and may affirm, affirm with conditions or reverse the decision of the planning board. An appeal of a decision of the city commission may be made to the county circuit court by filing a petition for writ of certiorari as provided under the Florida Rules of Appellate Procedure. A decision of the city commission regarding an adjustment shall be deemed to have been rendered on the date that the city commission adopts a resolution setting forth its findings and decision.

(e)

Approval criteria.

(1)

Civic/government uses. Adjustment requests for uses that are uniquely governmental such as city hall/administration centers, courthouses, public safety/public works facilities, public mass transit terminals, post offices, public libraries, public museums, or public schools/colleges will be approved, approved with changes, or approved with conditions if the review body finds that the applicant has shown that approval criteria "a" through "d" below have been met. Adjustment requests will be denied if the applicant has not demonstrated to the satisfaction of the review body that the criteria have been met.

a.

The design of the development project is exemplary civic architecture;

b.

The building will be constructed of high quality materials and finishes;

c.

The project will enhance the appearance and environment of the city; and

d.

The adjustment will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(2)

Other "nongovernment" uses. Adjustment requests for uses that are not uniquely governmental such as apartments/condominiums, hotels/motels, retail/service shops, or office buildings (regardless of ownership) will be approved, approved with changes, or approved with conditions if the review body finds that the applicant has shown that either approval criteria "a" through "e" or approval criteria "f" through "h" below have been met. However, in making findings of fact the review body shall hold buildings fronting the primary street grid to a higher standard in support of pedestrian activity than buildings fronting the secondary street grid. Adjustment requests will be denied if the applicant has not demonstrated to the satisfaction of the review body that the criteria have been met.

a.

Granting the adjustment will equally or better meet the purpose of the regulation to be adjusted;

b.

The proposal will not significantly detract from the livability or appearance of the downtown neighborhood zone district or the proposal will be consistent with the desired character of the downtown neighborhood edge, downtown edge, downtown core and downtown bayfront, and urban mixed-use zone districts;

c.

If more than one adjustment is being requested, the cumulative effect of the adjustments results in a project which is still consistent with the overall purpose of the zone;

d.

City-designated historic resources (if applicable) are preserved; and

e.

Any impacts resulting from the adjustment are mitigated to the maximum extent practical; or

f.

Application of the regulation in question would preclude all reasonable economic use of the site; and

g.

Granting the adjustment is the minimum necessary to allow the use of the site; and

h.

Any impacts resulting from the adjustment are mitigated to the extent practical.

(3)

Preservation of trees. It is the intent of this section to permit the applicant to receive an adjustment equal to the decrease in the buildable area caused by the modification required to the structure to preserve trees protected by article VII, division 3.1 of this Code. An application for an adjustment shall demonstrate all of the following three requirements are met.

a.

The adjustment is for the purpose of preserving a tree or trees protected by article VII, division 3.1 of this Code; and

b.

The applicant cannot design and locate the proposed structure or infrastructure improvements to preserve the trees and also comply with all provisions of the zoning code, without causing the applicant undue hardship; and

c.

Considering the shape and dimensions of the real property, the location of existing structures and infrastructure improvements, and the size, age, health and species of trees sought to be protected, it is not feasible to transplant the trees to another location on the site.

The application for such an adjustment shall otherwise be exempted from the requirements of subsections IV-1903(e)(1) and (2).

(4)

Conditions. In granting any adjustment, the approving body shall prescribe appropriate conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the adjustment is granted, shall be deemed a violation of these regulations.

(f)

Enforcement. Should a violation of an approved design occur during construction, the director of neighborhood and development services has the authority to require the developer to stop, remove, and/or alter the violation or to require the developer to secure an amendment to the approved adjustment in accord with subsection IV-1903(h) below.

(g)

Expiration of approval.

(1)

An adjustment, with a site plan, shall expire upon the expiration of the site plan into which the adjustment has been incorporated.

(2)

An adjustment, without a site plan, shall expire in one year from the date of written approval. If work has not begun, at least 30 calendar days prior to the expiration date of the adjustment approval, the applicant may request a one-time extension not to exceed one additional year. The director of neighborhood and development services or the planning board may approve such request upon determining that the request is warranted under the circumstances.

(h)

Amendments. An adjustment may be amended only by following the procedures in [section] IV-1903.

(Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 05-4648, § 3, 1-3-06; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 05-4649, § 3, 2-21-06; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4890, § 2(att. 1), 10-19-09; Ord. No. 13-5041, § 2(att. 1), 3-4-13; Ord. No. 16-5183, § 2, 10-3-16; Ord. No. 21-5346, § 3(Exh. A), 12-7-20; Ord. No. 23-5488, § 2(Exh. A), 9-5-23; Ord. No. 24-5510, § 2(Exh. A), 4-1-24)

There are uses that, by their nature, may, but do not necessarily have significant adverse effects on the environment, overburden public land and services, change the desired character of an area, create major nuisances, or present the possibility of a change in circumstances during their life. The historic reuse permit review process provides an opportunity to allow the reuse of locally designated historic structures when there are minimal impacts, to allow the reuse but impose mitigation measures to address identified concerns, to deny the reuse if the concerns cannot be resolved, and to discontinue the reuse when circumstances change.

(Ord. No. 20-5310, § 4(Exh. C), 1-21-20)

Uses that require a historic reuse permit review and are subject to the regulations of this section are listed in either the land use matrix for the base zone districts, in the regulations of overlay zone districts, or in the accessory use or temporary use sections. In addition to the general application requirements set forth in the general review section of this article, an application for a specific historic reuse permit shall be accompanied by such additional documents and information as may be outlined in the section dealing with the specific land use type. Similarly, the applicable approval criteria for a specific reuse will also be found in the section dealing with the specific land use type.

(Ord. No. 20-5310, § 4(Exh. C), 1-21-20)

The historic reuse permit review procedure is an administrative process of review by the planning director, or designee, with the opportunity to appeal the planning director's decision to the planning board.

(1)

Pre-application meeting. The applicant may request a pre-application meeting for all requests processed through the historic reuse permit procedure.

a.

Purpose. The pre-application meeting informs the applicant of the substantive and procedural requirements of this section, identifies application requirements for the specific reuse being discussed on a site, provides for an exchange of information regarding specific applicable requirements of other city codes, and identifies policies and regulations that create opportunities or pose significant problems for a proposal.

b.

Requirements. Forms for pre-application meetings, as approved by the planning director, are available from the city auditor and clerk's office. No fee is required at the time the request for a pre-application meeting is submitted. The applicant must submit a written proposal and plan of the proposal. A pre-application meeting shall be held only after the above requested information and a completed request form has been submitted.

c.

Participants. The applicant shall meet with the planning director and/or their designee at the pre-application meeting.

d.

Pre-application meeting recommendations. The planning director will provide the applicant with a written summary of the pre-application meeting following conclusion of the meeting. The written summary will include suggestions and information that were raised at the meeting for inclusion in an application. If the approval criteria for the historic reuse review involve a determination of adequacy, or if an exception is being requested by the applicant which requires submission of additional information such as a traffic impact study, those needs will also be detailed in the summary report.

e.

Development review comments. An applicant may request additional advice from the development review committee prior to submitting a historic reuse permit application. These requests do not substitute for a required pre-application meeting with the planning director.

f.

Time limit. A pre-application meeting is valid for up to six months. If more than six months has elapsed between the date of the pre-application meeting and the date the application is submitted, the results of the meeting are no longer valid. In such instances the applicant may request a new pre-application meeting.

(2)

Application. The applicant must submit the historic reuse permit application to the city auditor and clerk's office on forms specified by the planning director, or their designee, and accompanied by the correct fee in accordance with section IV-102. The application package must contain all the information required for the specific land use type being requested and any additional information identified in the pre-application summary report.

(3)

Notice of a request. Upon receipt of a complete historic reuse permit application the city auditor and clerk shall mail a notice of the request to all property owners within 500 feet of the zoning lot, and to all neighborhood associations whose neighborhood boundaries lie within 500 feet of the applicant's zoning lot.

(4)

Application processing time. Upon determining that the historic reuse permit application is complete, the planning director, or their designee, shall make a decision to approve, approve with conditions, or deny the request within 45 calendar days of the date. The planning director may allow for an extension of this time limit, not to exceed one additional 45-day period, if it is determined additional study and information is necessary.

(5)

Administrative decision.

a.

In making the decision the planning director, or their designee, may consult with the owner, applicant, other citizens, city departments, DRC, other public, or private organizations, to solicit information relevant to the request. The decision is based on the planning director's findings with regard to the considerations identified for the specific land use type requested. The planning director's findings shall be based on an evaluation of the facts, the submitted application material, the applicable code regulations, and the applicable design guidelines.

b.

The written decision of the planning director, or their designee, shall include any conditions, time limits, or other restrictions that may apply to the historic reuse permit action.

(6)

Notice of decision (pending appeal). The planning director will file the notice of decision (pending appeal) by the next working day after the decision is made. The city auditor and clerk will mail a notice of the decision to all property owners within 500 feet of the zoning lot, neighborhood association(s) whose neighborhood boundaries lie within 500 feet of the applicant's zoning lot, and to any person who submitted written comments to the city auditor and clerk.

(7)

Ability to appeal. The planning director's decision is final unless appealed. The decision may be appealed by the applicant, the owner, and those entitled to notice. The appeal must be submitted to the city auditor and clerk's office within ten calendar days of the day the notice of decision is mailed. The review body for the appeal shall be the planning board.

(8)

When no appeal is filed. If no one appeals the decision, the decision takes effect on the day after the last day to appeal.

(9)

When an appeal is filed. Appeals must comply with the following:

a.

Content of the appeal. The appeal must be submitted to the city auditor and clerk's office on forms provided by the planning director. All information requested on the form must be submitted in order for the appeal to be accepted.

b.

Notification of appeal hearing. The city auditor and clerk will file a copy of the appeal, within three business days of its receipt, with the applicant, unless the applicant is also the appellant. Within seven calendar days of the receipt of the appeal, the city auditor and clerk will send a notice of the appeal hearing to the applicant and all persons and recognized organizations that received the notice of the decision.

c.

Scheduling of hearing. The planning director will schedule a public hearing with the planning board.

d.

Submit report to planning board. The planning director will forward the decision report and a copy of the appeal to the planning board and make the report and copy of the appeal available to the public at least seven calendar days prior to the date of the hearing.

e.

Appeal decision. The planning board may adopt the decision report of the planning director, modify it, or reject it based on information presented at the hearing and in the record.

f.

Notice of final decision. The planning board will cause to have mailed notice of their decision. The planning board's final decision will be mailed to the applicant, owner, and to any recognized organizations or persons who responded in writing to the appeal notice, testified at the hearing, or requested notice of the decision. In the case of multiple signatures on a letter or petition, the person who submitted the letter or petition or the first signature on the petition will receive the final decision notice.

(10)

Effective date of final decision. The planning board's decision takes effect on the day the final decision notice is mailed.

(11)

Appeal decision final. The planning board's appeal decision is final and may not be appealed to another review body within the city.

(12)

Revocation of the historic reuse permit. The planning director may revoke any historic reuse permit issued pursuant to this section for the failure of the permittee to adhere to any standard or requirement of the permit, this section, or for the violation of any standards or requirements of the Sarasota City Code, including the zoning code. If the revocation is due to either the city's, or other governmental entity's, need for the public property, the revocation shall be immediate upon notice to the permittee. If the revocation is due to a reason other than the city's, or other governmental entity's need for the public property, the planning director shall adhere to the following revocation process:

a.

The permittee shall be given written notice of a violation and the action necessary to correct the violation. Notice shall be hand delivered or mailed to the permittee by U.S. registered mail, return receipt requested.

b.

The notice shall specify a time within which the permittee shall correct the violation. In the event the permittee shall fail to correct the violation, within the time specified, the historic reuse permit shall be deemed revoked and of no further force and effect. Upon revocation, the permittee shall immediately cease the operation of the reuse. If applicable, within five calendar days the permittee shall remove all furniture and other objects placed within the permit area. Should permittee fail to do so, the city shall collect on the performance guarantee and use the funds to remove all furniture and objects from the permit area.

c.

Within five days of the date of the revocation of a permit, the permittee may appeal the revocation. An appeal shall be deemed perfected when the permittee has submitted, in writing, a statement that an appeal is being taken and the grounds or reasons therefore, with the city auditor and clerk. The planning board shall schedule the appeal for consideration.

d.

At a revocation appeal hearing the planning board shall render its decision on the appeal. The action of the planning board shall be final.

(Ord. No. 20-5310, § 4(Exh. C), 1-21-20)