Division 1. General

Zone District Map and General Regulations

Division 2. Residential Single Family

RSF-E Residential Single Family Estate

RSF-1 Residential Single Family 1

RSF-2 Residential Single Family 2

RSF-3 Residential Single Family 3

RSF-4 Residential Single Family 4

RSM-9 Residential Single Multiple 9 units per acre

RTD-9 Residential Transition District 9 units per acre

Division 3. Residential Multiple Family

RMF-1 Residential Multiple Family 1

RMF-2 Residential Multiple Family 2

RMF-3 Residential Multiple Family 3

RMF-4 Residential Multiple Family 4

RMF-5 Residential Multiple Family 5

RMF-6 Residential Multiple Family 6

RMF-7 Residential Multiple Family 7

RMF-R Residential Multiple Family Revitalization*

Division 4. Office

OND Office Neighborhood District

OCD Office Community District

ORD Office Regional District

SMH Sarasota Memorial Hospital

BG Botanical Gardens

OPB Office Professional Business*

OPB1 Office Professional Business 1*

OP Office Park*

MCI Medical Charitable Institutional*

Division 5. Commercial

CND Commercial Neighborhood District

CSD Commercial Storefront District

CRD Commercial Residential District

CGD Commercial General District

CSC Commercial Shopping Center

CN Commercial Neighborhood*

CBN Commercial Business Newtown (Newtown CRA only)

NT North Trail (North Trail only)

CT Commercial Tourist (St. Armands only)

CP Commercial Park*

CSCN Commercial Shopping Center Neighborhood*

CSCC Commercial Shopping Center Community*

CSCR Commercial Shopping Center Regional*

CG Commercial General*

Division 6. Production Intensive Commercial

ICD Intensive Commercial District

IGD Industrial General District

IHD Industrial Heavy District

CI Commercial Intensive*

ILW Industrial Light Warehousing*

I Industrial*

Division 7. Special Purpose

WFR Waterfront Resort

G Governmental

CRT Commercial Residential Transition*

Division 8. Open Space, Recreation and Conservation

POS Park and Open Space

MP Marine Park

Division 9. Special Public Interest Overlay Districts

(FCOD) Fruitville Gateway Corridor Overlay District

(MMOD) "Missing Middle" Overlay District

(CIO) Coastal Islands Overlay District

(ROD) Ringling Overlay District

(HAOD) Housing Authority Overlay District

(NTOD) North Trail Overlay District

(LPOD) Laurel Park Overlay District

(RROD) Rosemary Residential Overlay District

(NCHD) Newtown Conservation Historic Overlay District

Division 10. Downtown Zone Districts

DTN Downtown Neighborhood District

DTNE Downtown Neighborhood Edge District

DTE Downtown Edge District

DTC Downtown Core District

DTB Downtown Bayfront District

Division 11. Urban Mixed-Use Zone Districts

MU-1 Urban Mixed-Use 1

MU-2 Urban Mixed-Use 2

MU-3 Urban Mixed-Use 3 (North Trail only)

* Indicates non-implementing district that may not be used in future rezonings.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4531, § 3, 6-7-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 10-4915, § 2(att. 1), 6-7-10; Ord. No. 13-5041, § 2(att. 1), 3-4-13; Ord. No. 24-5510, § 2(Exh. A), 4-1-24)

The initial implementing zone districts are identified in the Sarasota City Plan, as zone districts which have an intent and purpose that is conceptually consistent with the intent of the future land use classifications. The intent, specific uses and development standards reflected by those districts were examined and implementing zone districts, defined below, have been developed to achieve consistency between these factors and the future land use classifications.

While it is the intent of the city to eventually eliminate all non-implementing zoning districts the city also recognizes that the Sarasota City Plan, is a long-range plan and the city commission may elect to rezone certain zoning lots while allowing a non-implementing zone district to remain in effect for others. Therefore, this article contains the non-implementing zone districts that remain in effect. However, the non-implementing zone districts shall no longer be used as a basis for future rezonings.

In order to carry out the intent of and purpose of the Sarasota City Plan; the city is hereby divided into the following implementing zone districts.

¹  An application seeking a rezoning of Metropolitan Regional Site 10 to the Downtown Edge (DTE) Zone District shall be submitted concurrently with a site plan application. A site plan application requiring planning board and city commission public hearings shall be processed for review simultaneous with a rezone application for this site.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4515, § 2, 1-20-04; Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 10-4915, § 2(att. 1), 6-7-10; Ord. No. 18-5241, § 2(Exh. A), 5-7-18; Ord. No. 20-5338, § 2(Exh. A), 1-4-21; Ord. No. 24-5510, § 2(Exh. A), 4-1-24)

(a)

Purpose. The purpose of the zone district map is to set forth the boundaries of the zoning districts established in these regulations. The purpose of the land use matrix is to provide a list of all permitted land uses along with the districts where these uses are permitted to locate.

(b)

Zone district map. The location and boundaries of the districts established by these regulations are described on the zone district map of the city, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of these regulations as if they were fully described herein.

(c)

Maintenance of map. The zone district map, as amended from time to time in accordance with the provisions of division 11 of article IV (rezonings) shall be maintained by the planning department and kept on file and made available for public reference in the office of the city auditor and clerk.

(d)

Application of regulations within boundaries. Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the official zoning map indicates that district regulations pertaining to the district extend throughout the area surrounded by the boundary line.

(e)

Interpretation of boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a zoning lot, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any zoning lot. Should a street or alley be vacated or closed, the boundary line shall be construed as remaining in its location, except where ownership of the vacated street or alley is divided other than at the center, in which case the boundary line shall be construed as moving with the ownership.

(2)

Boundaries indicated as approximately following zoning lot lines, public property lines, and the like shall be construed as following such lines; provided that, where such boundaries are adjacent to a street or alley and the zoning status of the street or alley is not indicated, the boundaries shall be construed as running to the middle of the street or alley. Should a street or alley be vacated or closed, interpretation shall be as provided in subsection (1) of this section.

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks.

(5)

Boundaries indicated as following shorelines or centerlines of streams, canals, lakes or other bodies of water or indicated as following mean high water lines shall be construed as following such shorelines, centerlines or mean high water lines. In the case of a change in shoreline or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change.

(6)

Boundaries indicated, as following physical features other than those mentioned above shall be construed as following such physical features, except where variation of actual location from mapped location would change the zoning status of a zoning lot. In such case, the boundary shall be interpreted to avoid changing the zoning status of any zoning lot.

(7)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (6) of this section shall be construed as being parallel to or extensions of such features.

(8)

The scale of the map on the page of the atlas showing the property in question shall determine distances not specifically indicated on the official zoning map.

(f)

Exclusive nature of the chapter.

(1)

Except as otherwise expressly provided herein, this article shall be deemed exclusive in nature, and only those uses specified shall be permitted in the various zoning districts. If a use is not specified in a zoning district, it shall be prohibited in that district. In the event that a use is not permitted in any zoning district, it may only be permitted after appropriate amendment to the text of this chapter.

(2)

Without limiting the provisions of subsection (1) of this section, any use, condition, or activity defined in article II which is not specifically permitted in a zoning district shall be prohibited in that district. Further, when any defined use, condition or activity is permitted in a district subject to restrictions, such use, condition, or activity is prohibited if it is being conducted in violation of those restrictions.

(3)

Although a proposed use and structure may not be specifically identified as a principal permitted use and structure in a particular zone district, or a conditional use, the director of neighborhood and development services shall have the authority to determine whether a proposed use and structure may be permitted, by reasonable implication, as a principal permitted use and structure or a conditional use in any zone district. Such determinations by the director of neighborhood and development services shall be subject to review and approval by the city manager. In making such a determination, the director of neighborhood and development services shall find that each of the following conditions have been met:

a.

That the proposed use is substantially the same in character as one (1) or more of the activities, businesses or operations which are specifically designated as principal permitted uses in the zone district or a conditional use;

b.

That any structure associated with a proposed use is substantially the same in character as those structures associated with one or more of the activities, businesses or operations specifically designated as principal permitted uses or a conditional use in the zone district;

c.

That the proposed use would not be contrary to the intent of the particular zone district.

(4)

Those technical requirements of these regulations, such as site plan approval, minimum yard requirements, minimum off-street parking requirements, maximum zoning lot coverage, maximum height of structures, and other such standards as are applicable in a particular zone district, shall be applied to the proposed use and structure which has been permitted in the zone district by reasonable implication. The specific standards to be applied shall be those standards that are applicable to the specifically identified use and structure most similar in character to the proposed use and structure which is to be permitted by reasonable implication. Further, in the event that the director of neighborhood and development services determines that a proposed use may be permitted as a conditional use, such determination shall in no manner effect the application of the provisions of these regulations as to the procedures to be followed to obtain a conditional use approval and any other standards or requirements to be applied to conditional uses.

(5)

It is further the intent of these regulations that the duties of the city commission concerning these regulations shall not include hearing and deciding questions of enforcement and interpretation that may arise. The procedure for settling such questions shall be governed by the policy set out in this section and the procedures set out in these regulations.

(6)

It is further the intent of these regulations that decisions involving conditional uses shall first be made by the planning board, with review by the city commission only as set out in section IV-905 of these regulations and that recourse to the courts from such decisions shall be provided by applicable law of the state.

(g)

Interpretation when more than one standard applies. Whenever more than one regulation or standard applies to any use, structure, activity or undertaking subject to any provision of this chapter, the most restrictive or stringent shall govern.

(h)

Maximum development rights. It is not the intent of this zoning code that each zoning lot must necessarily be allowed to develop to the maximum intensity theoretically permitted by the applicable development regulations. Practical considerations, such as, but not limited to, site characteristics or dimensions, natural features, existing improvements, or conditions imposed at the time of development approval, may operate to limit the intensity of development which would have otherwise been allowed. For example, a one-acre site located in a zone district which permits a dwelling unit density of nine units per acre may not be able to accommodate nine dwelling units due to the existence of some or all of the above referenced practical considerations or due to the applicability of other development regulations.

(i)

Conversion of assisted living facilities. If an assisted living facility is changed to multiple-family use, then the full provisions of these regulations, including provision of off-street parking, shall be met for such multiple-family use prior to any occupancy on a multiple-family basis.

(j)

Parking and storage of certain equipment, vehicles, etc.

(1)

No recreational vehicle, motor home or accessory recreational vehicle shall be used for living, sleeping or housekeeping purposes. A recreational vehicle, motor home or accessory recreational vehicle may be parked or stored in a rear or side yard but not in a front yard, provided that such equipment may be parked anywhere on residential premises for no more than 24 hours during loading and unloading.

(2)

No motor vehicle, shall be parked or stored on any real property situated within the city if the same is wrecked, dismantled, partially dismantled, inoperative or is abandoned or discarded. The foregoing prohibition shall not apply if the motor vehicle is parked or stored in an enclosed building, lawfully existing on real property, so long as the same is not visible from other public or private real property.

(3)

A motor vehicle, as defined in article II, may be temporarily stored or parked on real property, not enclosed within a building, if each of the following conditions are met:

a.

The motor vehicle has a currently valid registration and a currently valid license plate affixed thereon, issued by the state department of highway safety and motor vehicles;

b.

The motor vehicle is titled in the name of the owner or person in possession of the real property whereon it is temporarily parked or stored; and

c.

So long as said motor vehicle is inoperable for no more than three calendar days.

(k)

Moving of buildings or structures. No building or structure shall be moved from one zoning lot to another or moved to another location on the same zoning lot unless such building or structure shall thereafter conform to all of the applicable provisions of this zoning code and the provisions of chapter 11, section 11-106, of the Code of the City of Sarasota.

(l)

Access.

(1)

Every building hereafter erected or moved shall be on a zoning lot that abuts either a public or private street. All structures shall be so located on zoning lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. No dwelling shall be erected on a zoning lot or portion of a zoning lot that does not abut on at least one public street or approved private street for at least 20 feet. Except, flag zoning lots shall be developed in accordance with the standards of section VII-602(gg) of this Code.

(2)

No land which is residentially zoned shall be used for driveway, walkway or access purposes to any land which is nonresidentially zoned or used for any purpose not permitted in a residential district, except for ingress and egress to an existing use which does not abut a street.

(3)

No land which is zoned as single-family shall be used for driveway, walkway or access purposes to any land which is zoned as multiple family.

(m)

Corner zoning lots. In the case of corner zoning lots in residential districts, except the RSM-9 zone district, a front yard of the required depth shall be provided on one frontage and a front yard of no less than 20 feet shall be provided on the other. If a corner zoning lot in a residential district existed on January 10, 1974, nothing in this subsection shall require that a structure shall be built with a building width less than 30 feet, even if the allowed building which will cause the structure to encroach into a required front yard. However, any structure built to a width of 30 feet shall meet minimum side yard setback requirements.

(n)

Special yards. In the case of irregularly shaped zoning lots, the director of neighborhood and development services shall determine which yards shall apply by the relation of the portion of the zoning lot on which the yard is to be located to the adjoining zoning lot or zoning lots, with due regard to the orientation and location of structures and buildable area thereon.

(o)

Reduction of lot area. No zoning lot, lot of record, parcel, or yard existing on January 10, 1974, shall thereafter be reduced in dimension or area below the minimum requirements set forth in these regulations, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, purchase and other similar situations. Zoning lots or yards created after January 10, 1974 shall meet at least the minimum requirements established by these regulations.

(p)

Height limitations. The height limitations contained in the regulations pertaining to specific districts do not apply to spires, belfries, cupolas, personal television antennae, water tanks, ventilators, chimneys, elevator shaft enclosures, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. In addition, the height limitations shall not apply to non-habitable architectural features (including roofs) extending no more than six feet above the eave line of a roof for buildings in zone districts in which the maximum height limitation is less than 51 feet, no more than nine feet for buildings in zone districts in which the maximum height limitation is greater than 51 feet and less than 101 feet, no more than 12 feet for buildings in zone districts in which the maximum height limitation is greater than 101 feet and less than 141 feet, and no more than 20 feet for buildings in zone districts in which the maximum height limitation exceeds 141 feet. Provided, however, that the heights of the above cited structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Administration or airport zoning regulations within the flight approach zone of airports.

(q)

[Exclusion.] No part of a required yard or other required open space or off-street parking or off-street loading space provided in connection with one structure or use shall be included as meeting the requirements of any other structure or use, except where specific provision is made in these regulations.

(r)

Any references to conditional uses shall be interpreted to mean major conditional uses. Only those uses specifically cited as being allowed by minor conditional use shall use said minor conditional use process.

(s)

Overlay districts. Overlay districts may be used to modify the development standards of the underlying base zone district and delete uses that would otherwise be allowed in the underlying base zone district. However, overlay districts shall not be utilized to add uses not specifically allowed in the base zone district regulations or the future land use classification.

(t)

Measurements. This section explains how certain measurements are made in the zoning code.

(1)

Fractions. When calculations result in fractions the results will be rounded as follows:

a.

Minimum requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result less than 0.5 shall be rounded down to the next whole number; any fractional result equal to or greater than 0.5 shall be rounded up to the next consecutive whole number. For example, if a minimum requirement of one parking space for every 200 square feet is applied to a 8,050 square foot building, the resulting fraction of 40.25 is rounded down to 40 required spaces. If a minimum requirement of one tree for every 30 feet is applied to a 50-foot strip, the resulting fraction of 1.67 is rounded up to two required trees.

b.

Maximum limits. When a regulation is expressed in terms of maximum limits, any fractional result shall be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 3,000 square feet is applied to an 8,000 square foot zoning lot, the resulting fraction of 2.67 is rounded down to two allowed dwelling units.

(2)

Determining density. Density shall be determined in the following ways.

a.

Dwelling units equipped with kitchen facilities shall be equal to one dwelling unit. Accessory kitchens do not count toward determining density. Any applicant seeking a dwelling unit with an accessory kitchen must sign an affidavit stating the property owner will not divide the structure into additional dwelling units. The affidavit must be recorded in the official records of Sarasota County as a condition precedent to issuance of the building permit.

b.

Dwelling units not equipped with kitchen facilities shall be equal to one-half of a dwelling unit.

c.

Where the residential facility contains an accessory infirmary, each bed shall be equal to one-quarter of a dwelling unit.

d.

Maximum dwelling unit calculations may only include area devoted to public streets and alleys as defined in i. below.

e.

Maximum dwelling unit calculations may only include area devoted to private streets and alleys as defined in ii. below.

i.

The amount of land area utilized to satisfy development standards shall include that portion of the zoning lot to be dedicated by the property owner to the city for public right-of-way purposes prior to the actual conveyance in accordance with the conditions of any applicable development approval, or a written agreement between the city and the property owner. The inclusion of such land area to satisfy development standards is permitted only for the first project actually built on the subject zoning lot after the actual conveyance of a portion of the zoning lot for public right-of-way purposes.

ii.

The amount of land area utilized to satisfy development standards shall include that portion of the zoning lot approved by the city for private right-of-way purposes in accordance with the conditions of any applicable development approval.

f.

Additional density and FAR for submerged land. (See also Sarasota City Plan, Future Land Use Chapter and Objective 1, submerged lands action strategy.)

i.

Submerged lands are those lands located beneath a body of water. Submerged lands include, but are not limited to, lands waterward of the mean high water line or located beneath a freshwater body of water such as a lake or pond.

ii.

In cases where the submerged lands are privately owned in a fee simple, and for submerged tidal lands where ownership has been provided by a deed(s) obtained from the Trustees of the Internal Improvement Fund of the State of Florida, the total area of the privately owned submerged lands may be included and used in the calculation of the maximum gross residential density or maximum nonresidential intensity (i.e., floor area ratio) for the adjacent upland parcel based on and using the same maximum residential density or maximum nonresidential intensity for the submerged lands as allowed for the upland parcel under its zoning district.

iii.

Assigned development rights provided for by this section shall be transferred to the adjacent upland area for development, however, development consistent with the open space recreation-conservation classification may be allowed to a limited extent over the submerged land area (e.g., docks, piers, boathouses, water-dependent structures and uses).

iv.

This section shall be applicable only when the future land use map classification for the adjacent upland area is also delineated on the future land use map for the boundary of the submerged land area.

g.

Required attainable dwelling units. When a regulation is expressed in terms of minimum number of attainable dwelling units required, any fractional result shall be rounded up to the next whole number. For example, if a development requires ten percent of a 121-unit development to be designated as attainable dwelling units, the resulting fraction of 12.1 is rounded up to require 13 attainable dwelling units.

(3)

Determining required setbacks.

a.

Required front yard setbacks shall be measured from the edge of the property line created by the dedication of the property to the city for public right-of-way purposes.

b.

Required front yard setbacks shall be measured from the edge of the right-of-way line created by the approved and recorded private right-of-way easement.

(4)

Measuring areas with squares of specified dimensions. Required areas (for example, required usable outdoor areas in residential zones) must be of a sufficient size and configuration so that a square measuring "X" by "X" can be placed totally within the required area. The dimensions of the square are stated in the base zone districts. See illustration VI-101.

(u)

Additional development standards applicable single-family dwellings in RSF-E, 1, 2, 3, 4, RTD-9 and RMF-1, 2, 3 zone districts.

Note: Non-profit organizations constructing housing sold to low to moderate income families (under 80 percent of median income in the county) may apply to use housing partnership funds, administered by the office of housing and community development, to offset the costs to comply with these requirements.

(1)

Maximum height—Single-family dwellings. All single-family dwellings shall be limited in height to the greater of 35 feet above reference level or in areas where flood elevations are established by law, 35 feet above the recovery elevation of a property. The maximum height of all single-family dwellings shall be measured commencing from either of the greater of the two points described in this section to the highest point of a flat roof, to the deck of a mansard roof or to the average height between the plate and the ridge of gable or hip roofs, not including chimneys, antennas or elevator shaft enclosures.

(2)

Daylight plane regulations. All single-family dwellings shall not be of such height or size that they penetrate the daylight plane which is an angle of 45 degrees measured above horizontal from the side yard setback lines, and beginning 25 feet above the greater of the Reference Level or the allowed recovery elevation, said plane projecting upward toward the center of the parcel. The daylight plane requirements above shall not apply to:

a.

Roof overhangs (portion projecting beyond a vertical wall), chimneys, antenna and elevator shaft enclosures;

b.

Dormers or other architectural features that do not exceed a combined 30 percent in length of the roof on the side of the structure upon which the dormers or architectural features are located.

Height of Single-Family Dwellings within Flood Zones

(3)

Outdoor mechanical equipment. Screening wall in the absence of perimeter fencing or mechanical equipment elevated above grade. Prior to the issuance of a building permit which includes the installation of new exterior mechanical equipment or the relocation of existing mechanical equipment in a side yard in the absence of perimeter fencing or when outdoor mechanical equipment is elected above grade, the applicant shall submit documentation demonstrating that a screening wall, or screening fence has been provided, to the director of development services showing all air conditioning equipment, pool pumps and similar electrical-mechanical equipment, proposed to be placed outside the main structure in a side yard to be screened from adjoining properties with a screening wall. This screening wall shall be required regardless of the distance from the side property line to the mechanical equipment. Wall- or window-mounted outdoor mechanical equipment shall be exempt from the screening wall requirement. The screening wall shall be required when outdoor mechanical equipment is elevated above grade or in the absence of perimeter fencing, only for new exterior mechanical equipment or the relocation of existing equipment (i.e., the replacement of existing mechanical equipment shall not require a screening wall). The screening wall shall be located in the side yard between the mechanical equipment and the closest property line. The screening wall shall be 18 inches higher than the equipment being shielded and at least as wide as the equipment being shielded. See section VII-1201 for allowable encroachment of the wall into the required setback. The site must be built to conform to the submitted documentation.

(4)

Drainage plan.

a.

Purpose: The alteration of land elevation that often accompanies the construction of single-family dwellings, building additions, swimming pools or spas often alters the historic drainage pattern from a parcel of land to the detriment of adjoining properties. The health, safety and welfare of the citizens of the city are promoted by requiring new residential construction to direct attendant stormwater drainage into public or private facilities rather than on to the land of adjoining properties.

b.

Drainage plan: The owner/applicant for a building permit to construct a new single-family dwelling or substantial improvements to a single-family dwelling shall submit to the director of neighborhood and development services a stormwater drainage management plan showing drainage from the site discharging to either: on-site retention; or swales directed to adjacent public or private stormwater receptors; or a combination thereof. The director of neighborhood and development services may require, upon receiving the recommendation of the building official, a drainage plan prepared and sealed by a professional engineer meeting the requirements of this section. The site must be built to conform to the submitted drainage plan. Such plan shall not be required for individual single-family dwellings when a master drainage plan for the development of which the single-family dwelling is a part has been submitted and approved.

(5)

Landscape plan required.

a.

Purpose: Trees have traditionally acted as visual unifying elements for residential dwelling units. Trees promote the aesthetics of the built environment, preserve the character of the neighborhood and enhance the overall appearance of the front yard of properties upon which single-family dwellings are located.

b.

The owner/applicant submitting an application for building permit for new construction of a single-family dwelling or additions to a single-family dwelling exceeding 500 square feet shall be required to simultaneously submit a landscape plan depicting the following:

1.

In the front yard of each single-family dwelling the following trees shall be required:

i.

For each front zoning lot line less than 30 feet in length: one canopy tree, understory tree may be planted when a canopy tree is not feasible;

ii.

For each front zoning lot line less than 100 feet in length: one canopy tree;

iii.

For each front zoning lot line 100 feet or more in length: two canopy trees.

2.

Minimum canopy tree size for purposes of this section shall be:

i.

Minimum height: 12 feet;

ii.

Minimum caliper: three inches. If the tree planted to meet this requirement is a native pine tree, it must be a minimum of one and one-half-inch caliper.

3.

Minimum understory tree size for purposes of this section shall be:

i.

Minimum height: eight feet;

ii.

Minimum caliper: two inches.

See section VII-308(h)(4), zoning code for lists of acceptable trees for this purpose. Existing trees meeting the standards of this section or determined to be Florida-friendly or native, within the front yard may be counted towards this minimum tree requirement. The site must be built to conform to the submitted landscape plan. A landscape plan shall not be required for individual single-family dwellings when a master landscape plan for the development of which the single-family dwelling is a part has been submitted and approved.

(v)

Mix of attainable units requirements. Any project developing at a density greater than the permitted base density allowed within the underlying zone district and required to provide attainable housing shall provide the following mix of required attainable/affordable dwelling units (consistent with F.S. § 420.004): at least one-third of the dwelling units must be available to households having incomes at or below 80 percent of the AMI and no more than one-third of the dwelling units may be available to households having incomes in the range of 100 percent to 120 percent of the AMI.

(w)

Construction staging plan required.

(1)

Purpose. The health, safety, and welfare of neighborhoods are promoted by requiring large residential construction projects to provide construction staging plans.

(2)

Prior to the issuance of a building permit for new nonresidential buildings, residential construction greater than 5,000 square feet of floor area (measured cumulatively), and major renovations greater than 5,000 square feet of floor area (measured cumulatively), the applicant shall submit a building permit for a staging plan for approval by the building official. Construction staging plans shall identify the approximate location of any exterior trash storage areas, materials storage areas, or temporary structures such as construction trailers or sanitary facilities. These areas shall be located in a manner that does not interfere with operation of any adjacent streets, rights-of-way, or on-site areas identified for protection. The applicant shall also include the estimated average number of work-related vehicles associated with the construction activities and available for on-site or off-site parking locations for such vehicles, either in narrative or site plan format.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4429, § 5, 1-21-03; Ord. No. 03-4473, § 6, 6-16-03; Ord. No. 04-4538, § 5, 6-7-04; Ord. No. 04-4573, § 26, 6-20-05; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 06-4682, § 2, 7-26-06; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 10-4927, § 2(att. 1), 2-22-11; Ord. No. 13-5041, § 2(att. 1), 3-4-13; Ord. No. 16-5173, § 3, 7-5-16; Ord. No. 22-5414, § 2(Exh. A), 5-16-22; Ord. No. 23-5469, § 2(Exh. A), 4-17-23; Ord. No. 23-5471, § 2(Exh. A), 4-17-23; Ord. No. 23-5472, § 2(Exh. A), 4-17-23; Ord. No. 23-5487, § 2(Exh. A), 9-5-23; Ord. No. 24-5510, § 2(Exh. A), 4-1-24; Ord. No. 24-5540, § 2(Exh. A), 9-16-24; Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

Where a site under the same ownership is split between more than one base zone, no setbacks, recess (additional setback or step-back), or buffers are required from that zoning line. In order to utilize this section all other development standards, including allowed uses, of the base zones or any overlay district shall be met in each of the respective base or overlay zones.

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

(a)

Same ownership.

(1)

Two or more contiguous lots of record, parcels, or zoning lots under the same ownership may be used to satisfy zoning requirements (such as zoning lot size, setbacks, yard, zoning lot coverage, parking, etc.) only after either a consolidation or boundary adjustment plat has been approved and recorded eliminating the common, internal lot line(s), provided that this provision shall not operate to conflict with subsection (b) below.

(2)

Two or more zoning lots under the same ownership but separated by adjacent public rights-of-way or within the same development boundary, may be combined to satisfy density allowed and parking required by the base zone district(s) provided the following requirements are met:

a.

A minimum of ten percent of the total project units for sale or lease to families with incomes of 80 percent or less of the Area Median Income (AMI) in the Sarasota-Bradenton MSA or 20 percent of the units are sold or leased to families with incomes at 100 percent of the AMI.

b.

The applicant must sign a covenant that ensures the income level(s) above will be met for a period not less than 30 years.

c.

An attested copy of the approved covenant must be recorded in the official records for Sarasota County on forms approved by the city attorney.

d.

The applicant shall provide proof of recordation prior to approval of the certificate of occupancy.

e.

When utilizing the downtown attainable housing density bonus, the base density is not reduced by density already developed on the parcels or development site, nor by density previously transferred to another parcel or development site. The cumulative total density of the combined lots shall not exceed the maximum permitted density of the zone district(s).

(b)

Separate ownership.

(1)

For shopping malls, shopping centers, office parks, mixed-use condominiums and other mixed-use projects, condominium/hotel projects, recreational club/condominium projects and industrial parks developed as a single project, but which include zoning lots under separate ownership subsequent to, or in conjunction with the development of the project, the development standards for parking, setbacks, zoning lot coverage, open space, etc. may be satisfied by all of the property included within the project. In such event, permanent easements shall be noted on the approved site plan, and covenants recorded in the public records providing for the joint use and maintenance of such items as parking, utilities, open space, etc. Such easements and covenants shall be approved as to form by the city attorney and shall not be changed without prior city approval by the original approving authority. When utilizing the downtown attainable housing density bonus, the achievable bonus density is not reduced by the density previously transferred to another parcel or development site, however, the base density is reduced by the density previously transferred to another parcel or development site. A minimum of 15 percent of the dwelling units shall be designated as attainable after the entire base density has either been developed on the parcels or development site or transferred to another parcel or development site.

As an example, if a development transfers 100 percent of the project's base density (50 DU/acre), future development can achieve a maximum of 150 DU/acre of bonus density, only if 15 percent of the dwelling units are designated as attainable.

For example:

Parcel A may achieve up to 4x the base density (200 DU/acre).

Parcel A transfers 50 DU/acre of the base density to Parcel B.

Parcel A may develop up to 150 DU/acre via the attainable housing density bonus, when a minimum of 15 percent of the total dwelling units are designated as attainable.

(200 DU/acre - 50 DU/acre = 150 DU/acre).

Parcel B may develop up to 100 DU/acre market rate units. When developing over 100 DU/acre via the attainable housing density bonus, a minimum of 15 percent of the total density bonus units dwelling units shall be designated as attainable, up to 250 DU/acre.

(50 base DU/acre + 50 transferred base DU/acre + 150 bonus density DU/acre = 250 DU/acre).

(2)

Two or more zoning lots under separate ownership and separated by a single public right-of-way or within the same development boundary, may utilize a joint use agreement to satisfy density allowed and parking required by the base zone district(s) provided the following requirements are met.

a.

A minimum of ten percent of the total project units for sale or lease to families with incomes of 80 percent or less of the Area Median Income (AMI) in the Sarasota-Bradenton MSA or 20 percent of the units are sold or leased to families with incomes at 100 percent of the AMI.

b.

The applicant must sign a covenant that ensures the income level(s) above will be met for a period not less than 30 years.

c.

An attested copy of the approved covenant must be recorded in the official records for Sarasota County on forms approved by the city attorney.

d.

The applicant shall provide proof of recordation prior to approval of the certificate of occupancy.

e.

When utilizing the Downtown Attainable Housing Density Bonus, the base density is not reduced by density already developed on the parcels or development site, nor by density previously transferred to another parcel or development site. The cumulative total density of lots shall not exceed the maximum permitted density of the zone district(s).

(c)

[Additional provisions.] Notwithstanding the foregoing, this section (VI-104) shall not apply in any residential zone district (see subsections VI-201(b) and VI-303(b)).

(1)

No land which is zoned as single-family (see subsection VI-201(b)) shall be used to satisfy any zoning standard by land which is zoned in any other zoning category (e.g., multiple family; office; commercial; production-intensive commercial; special purpose; open space, recreation and conservation; overlay, or downtown). For example, required parking or stormwater retention/detention from any multiple family zone district shall not be allowed in any single-family residential zone district. Single-family zoning lots within the North Trail Overlay District (NTOD) may be used to satisfy stormwater retention/detention requirements. Single-family zoning lots within the North Trail Overlay District (NTOD) may be used as accessory parking in part or in whole to satisfy parking requirements so long as the criteria in subsection VI-910(d)(9)(d) are met. Above ground structured parking shall not be permitted.

(2)

No land which is zoned as multiple family (see subsection VI-301(b)) shall be used to satisfy any zoning standard by land which is zoned in any other zoning category (e.g., single family; office; commercial; production-intensive commercial; special purpose; open space, recreation and conservation; overlay; or downtown). For example, required parking or stormwater retention/detention from any nonresidential zone district shall not be allowed in any multiple family residential zone district. Multiple family zoning lots within the North Trail Overlay District (NTOD) and multiple family zoning lots abutting urban mixed-use zone districts may be used to satisfy stormwater retention/detention requirements. Multiple family zoning lots within the North Trail Overlay District (NTOD) and multiple family zoning lots abutting to urban mixed-use zone districts may be used as accessory parking in part or in whole to satisfy parking requirements so long as the criteria in subsection VI-910(d)(9)(d) and subsection VI-104(c)(3) are met. Above ground structured parking shall not be permitted.

(3)

Abutting multiple family zoning lots used as accessory parking in part or in whole, used to meet or exceed minimum parking requirements for the principal use, shall meet the following standards:

a.

Vehicular access to the parking area on a residentially zoned lot shall only be through the nonresidential zoned lot.

b.

No sales, sales display, or service activity of any kind is permitted on the residentially zoned lot.

c.

No commercial renting or selling of spaces is permitted on the residentially zoned lot.

d.

No parking of automotive vehicles other than passenger automobiles is permitted on the residentially zoned lot.

e.

No movement of vehicles related to commercial uses between the hours of 10:00 p.m. and 6:00 a.m. is permitted on the residentially zoned lot.

f.

No parking of vehicles related to commercial uses for periods of longer than 24 hours is permitted on the residentially zoned lot.

g.

Opaque fencing shall be required as part of any buffering adjacent to other residentially zoned lots.

(Ord. No. 02-4357, 4-29-02; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 06-4682, § 2, 7-26-06; Ord. No. 08-4799, § 2, 4-28-08; Ord. No. 19-5300, § 3(Exh. B), 10-7-19; Ord. No. 23-5487, § 2(Exh. A), 9-5-23; Ord. No. 24-5510, § 2(Exh. A), 4-1-24)

(a)

For buildings, including manufactured homes and mobile homes, with a front yard setback of ten feet or more:

(1)

The minimum finished floor elevation for the first floor shall be as provided in subsection a. below, or the highest elevation produced by any of the measurements provided for under subsections b., c. or d. below, as determined by the city engineer.

a.

A minimum of 24 inches above the average elevation of the crown of a dedicated public street abutting a front yard, as established by the city engineer;

b.

A minimum of 24 inches or more above the average elevation of the crowns of two or more dedicated public streets that determine the drainage pattern of the area, as established by the city engineer;

c.

A minimum of 24 inches or more above the crown of a street that has not been dedicated as a public street where the elevation of the street has been approved by the city engineer for drainage purposes; or

d.

Not less than five feet above mean sea level for the location of the proposed construction, as determined by reference to the datum established by the United States Coast and Geodetic Survey.

(b)

For buildings, including manufactured homes and mobile homes, with a front yard setback of less than ten feet. The minimum finished floor elevation shall be at an elevation to be determined by the city engineer. In establishing the applicable elevation, the city engineer shall consider the probability of flooding at the particular location of the structure, the reasonably anticipated extent of damage that may be incurred at the particular location of the structure in the event of flooding, the proximity of the structure to other structures, the minimum finished floor elevation of adjacent structures, the potentially harmful effects of drainage from the particular site at the established elevation, the compatibility of the structure with other structures in the immediate area, and any other matter peculiar to the particular site and structure and the surrounding area.

(c)

Minimum building finished floor elevations in the Phillippi Creek floodplain. Based on the Phillippi Creek Basin Flood Control Study, conducted by Smalley, Wellford and Nalven, Engineers, dated February 1961, buildings, including manufactured homes and mobile homes, shall have a minimum finished first floor elevation that is the highest elevation produced by any of the following methods:

(1)

24 inches or more above the established floodplain elevation;

(2)

A minimum of five feet above mean sea level at the location of the proposed construction, as determined by reference to the datum established by the United States Coast and Geodetic Survey; or

(3)

An elevation determined by the city engineer. In making this determination, the city engineer shall consider the probability of flooding at the particular location of the structure, the reasonably anticipated extent of damage that may be incurred at the particular location of the structure in the event of flooding, the proximity of the structure to other structures, the minimum finished floor elevation of adjacent structures, the potentially harmful effects of drainage from the particular site at the established elevation, the compatibility of the structure with other structures in the immediate area, and any other matter peculiar to the particular site and structure and the surrounding area.

(d)

The minimum finished floor elevation for all new buildings shall be shown on all plans submitted to the building, zoning and code enforcement department in support of an application for a building permit. The plans shall contain a certificate, of a registered professional architect, engineer or land surveyor licensed by the state that the proposed first floor elevation meets or exceeds the minimum requirements established above.

(e)

Basements, equipment rooms, parking areas and other areas customarily lower than the first finished floor of a building may be exempted from the minimum requirements hereof, by the director of neighborhood and development services. In such instances, the building shall be designed and constructed with a permanent wall or water barrier surrounding said area. In addition, the area shall contain no floor area designed or used as habitable area.

(f)

Any building existing on the nineteenth day of December, 1983, which does not comply with the minimum finished floor elevations established above shall be a nonconforming structure subject to the requirements and limitations, as applicable, set forth in article V. However, an existing structure may be repaired, maintained, renovated or remodeled to the same extent as is otherwise permitted for a structure that is deemed to be conforming. If the owner of a nonconforming structure seeks to increase the square footage of the first floor of a nonconforming structure to an extent equal to or greater than 50 percent of the existing first floor area square footage, the addition shall conform to the finished floor elevation requirements of this section unless the city engineer determines that a lesser minimum finished floor elevation is appropriate. In making this determination, the city engineer shall consider the probability of flooding at the particular location of the structure, the reasonably anticipated extent of damage that may be incurred at the particular location of the structure in the event of flooding, the proximity of the structure to other structures, the minimum finished floor elevation of adjacent structures, the potentially harmful effects of drainage from the particular site at the established elevation, the compatibility of the structure with other structures in the immediate area, and any other matter peculiar to the particular site and structure and the surrounding area.

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

(a)

Intent and purpose. The intent and purpose of the Residential Single Family (RSF) districts is to preserve land for housing and provide housing opportunities for individual households. The regulations are intended to create, maintain and promote the development and redevelopment of these neighborhoods while preserving their existing residential character. The regulations preserve the character of neighborhoods by providing six different densities and development standards. These zones allow some non-household living uses but not to such an extent as to sacrifice the overall image and character of the neighborhood. The regulations promote desirable residential areas by addressing aesthetically pleasing environments, safety, privacy, and recreational opportunities. The site development standards allow flexibility of development while maintaining compatibility within the city's various neighborhoods. In addition, the regulations provide clarity to property owners, developers, and neighbors about the limits of what is allowed.

(b)

List of the single family zone districts. The full names, short names, and map symbols of the single-family zone districts are listed below. When this Code refers to the single-family zones, it is referring to the zone districts listed here. When this Code refers to the residential zones, it is referring to both the multifamily zones in division 3 and the single-family zones in this division.

(c)

Characteristics of the zones.

Note: The photos are not intended to represent a requirement for any particular style of architecture.

(1)

RSF E, 1 and 2 zones. The RSF E, 1, and 2 zones are low-density single-family zones, which allow 2, 2.9 and 4.3 dwelling units per acre respectively. One and two story single-family detached houses will characterize allowed housing.

(2)

RSF 3 and 4 zones. The RSF 3, and 4 zones are moderate density single-family zones, which allow 5.8 and 8.7 dwelling units per acre respectively. One and two story single-family detached houses will characterize allowed housing.

(3)

RSM-9 zone. The RSM-9 zone is a moderate density single-family zone, which allows up to nine dwelling units per acre. One and two story single-family detached houses will characterize allowed housing.

However, in contrast to the other RSF districts above, the RSM-9 district also allows attached single-family units, clustered single-family units and garage apartments which are compatible in scale to the single-family detached houses.

(4)

RTD-9 zone. The RTD-9 zone is a moderate density single-family zone, which allows up to nine dwelling units per acre. One- and two-story single-family detached houses will characterize allowed housing. However, in contrast to the other RSF districts above, the RTD-9 district also allows accessory dwelling units (e.g., garage apartments) and nonresidential uses that contribute to the residential attributes of the neighborhood and provide a means by which to preserve and enhance the residential character of the district.

(Ord. No. 02-4357, 4-29-02; Ord. No. 10-4915, § 2(Att. 1), 6-7-10)

(a)

Definitions. Certain specific uses are defined in article II, division 2. The use categories are described in article II, division 3.

(b)

Permitted uses. Uses permitted in the single family zones are listed in table VI-201 with a "P". These uses are allowed if they comply with the development standards and other regulations of this Code.

(c)

Conditional uses. Uses allowed in the single family zones, if approved through the conditional use review process, are listed in table VI-201 with either a "C", if the use is a major conditional use, or an "MC", if the use is a minor conditional use. These uses are allowed provided they comply with the conditional use approval criteria, the development standards, and any other regulations of this Code.

(d)

Provisional uses. Uses allowed, if approved through the provisional use review process, are listed in table VI-201 with an "L". Provisional uses are similar to those regulated by a 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.

(e)

Historic reuses. Reuses allowed, if approved through the historic reuse review process, are listed in table VI-201 with an "H". Historic reuses 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.

(f)

Use limitations. Uses allowed that are subject to limitations are identified with bracketed numbers in table VI-201. The limitations that correspond to the bracketed numbers are stated at the end of table VI-201. These uses are allowed if they comply with the use limitations, development standards and other regulations of this Code.

(g)

Accessory uses. Common accessory uses are listed as examples with each use category. Accessory uses are allowed by right, in conjunction with the primary use, unless stated otherwise in these regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. See article VII, division 9 for specific accessory use standards.

(h)

Prohibited uses. Uses listed in table VI-201 without any symbol (i.e., blank space) are prohibited. Existing uses in categories listed as prohibited may be subject to the regulations of article V, vested rights and nonconformities.

Table VI-201. Primary Uses Allowed in the Single-Family Zones

Use limitations for table VI-201:

(1)

Household living limitation. Housing types are limited to those defined in table VI-202.

(2)

Group living limitation. Housing types are limited to those defined in table VI-202, community residential homes for up to six residents are allowed as a permitted use, subject to subsection VII-602(aa).

(3)

RTD-9 nonresidential use limitations.

a.

Nonresidential uses shall not exceed any total combination of 600 square feet within the first story of a primary structure or any portion of the accessory building. Bed and breakfast uses are exempt from the 600 square foot limit.

b.

An owner-occupant or tenant shall reside on the subject property in order to utilize any nonresidential use.

c.

No more than two nonresident employees shall work on the premises at any one time.

d.

Exterior displays shall be limited to artisanal uses and permitted only during public operating hours.

e.

Public operating hours shall be limited between the hours of 8:00 a.m. and 8:00 p.m.

f.

Any use not listed shall be prohibited.

(4)

Residential historic reuse limitations.

a.

Nonresidential uses shall not exceed any total combination of 600 square feet within the first story of a primary structure or any portion of an accessory building.

b.

An owner-occupant or tenant shall reside on the subject property in order to utilize any nonresidential use.

c.

No more than two nonresident employees shall work on the premises at any one time.

d.

Exterior displays shall be limited to artisanal uses and permitted only during public operating hours.

e.

Public operating hours shall be limited between the hours of 8:00 a.m. and 8:00 p.m.

f.

Parking shall be placed to the side or back of the property only.

g.

Any use not listed shall be prohibited.

(Ord. No. 02-4357, 4-29-02; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 10-4915, § 2(att. 1), 6-7-10; Ord. No. 13-5055, § 2(Att. 1), 5-6-13; Ord. No. 20-5310, § 5(Exh. D), 1-21-20; Ord. No. 20-5337, § 2(att. A, 8-17-21)

(a)

Residential structure types allowed. Residential structure types are limited in the single-family zones to maintain the overall image and character of the city's single-family neighborhoods. However, the regulations allow options, in certain districts, to increase housing variety and opportunities, and to promote affordable housing. The kinds of residential structure types allowed in the single-family zones are stated in table VI-202. The residential structure types are defined in article II, division 2.

Table VI-202. Residential Structure Types Allowed in the Single-Family Zones

Notes for table VI-202:

(1)

Prohibited in coastal islands overlay district and cottage court housing development.

(b)

Density.

(1)

Purpose. Density standards serve several purposes. For example, they match housing density with the availability of public services and the carrying capacity of the land. In addition, density standards promote development opportunities for housing and promote urban densities in less developed areas. Density regulations are one tool to judge equivalent compatibility of projects.

(2)

Maximum density. The maximum density (dwelling units) allowed is stated in table VI-203, accessory dwelling units, if allowed, shall not be included in calculating maximum density.

(c)

Zoning lot size.

(1)

Purpose. Zoning lot size limits help to preserve the overall character of developed neighborhoods by assuring that new houses will generally have the same size zoning lots as the surrounding built-up environment. They also assure that development on a zoning lot will, in most cases, be able to comply with all applicable development standards.

(2)

Land divisions. All new zoning lots created shall comply with the zoning lot size standards of table VI-203. For sites which are proposed to be developed, an ownership made up of several zoning lots may not be subdivided or boundary adjusted into zoning lots that do not comply with the standards of table VI-203 (See section VI-103).

(3)

New development on conforming zoning lots. New development on zoning lots that comply with the minimum zoning lot size standards in table VI-203 is allowed in accordance with the standards of this Code.

(4)

New development on nonconforming zoning lots. New development on zoning lots which do not conform to the minimum zoning lot standards in table VI-203 are subject to regulations of section V-108, nonconforming zoning lots.

(d)

Height.

(1)

Purpose. The height standards serve several purposes: they promote a reasonable building scale and relationship of one residence to another; they promote options for privacy for neighboring properties; and they reflect the general building scale and placement of houses in the city's neighborhoods.

(2)

Maximum height. The maximum height allowed for all structures is stated in table VI-203.

(3)

Extensions above the maximum height. Extensions above the maximum height of structures are detailed under height limitations in section VI-102(p).

(e)

Setbacks.

(1)

Purpose. The setback regulations for buildings serve several purposes: they maintain light, air, separation for fire protection, and access for fire fighting; they reflect the general desired building scale and placement of houses in the city's neighborhoods; they promote a reasonable physical relationship between residences; they promote options for privacy for neighboring properties; they require larger front setbacks than side and rear setbacks to promote open, visually pleasing front yards; and they provide adequate flexibility to site a building so it may be compatible with the neighborhood, fit the shape of the site, allow for required outdoor areas, and allow for architectural diversity.

(2)

Required setbacks. The required setbacks for buildings are stated in table VI-203. The minimum setbacks for institutional uses are stated in table VI-204. Other setbacks may apply to specific types of development or situations. For example, setbacks for parking areas are stated in article VII, divisions 2 and 3.

(3)

Extensions (encroachments) into required building setbacks. Allowable encroachments into required building setbacks are stated in article VII, division 12.

(f)

Building coverage.

(1)

Purpose. The building coverage standards, together with the height and setback standards control the overall bulk of structures. Additionally, the standards help define the character of the different zones by limiting the amount of building allowed on a site. They work in conjunction with the zoning lot size standards to determine how built-up a neighborhood appears.

(2)

Building coverage standards. The maximum combined building coverage on a zoning lot is stated in table VI-203.

(g)

Impervious coverage. Note: Nonprofit organizations constructing housing sold to low to moderate income families (under 80 percent of median income in the county) may apply to use housing partnership funds, administered by the office of housing and community development, to offset the costs to comply with these requirements.

(1)

Purpose. The impervious coverage standards are designed to help protect trees and other desirable vegetation and enhance the overall appearance within the yard area of single-family neighborhoods. The standards reflect the historic development pattern of single-family homes built 20 to 50 years ago that generally have large lawn areas.

(2)

Impervious coverage standards. The maximum impervious coverage standard on a zoning lot is stated in table VI-203. The owner/applicant for building permits shall submit information requested by the director of neighborhood and development services which demonstrates the percentage of the total area existing or proposed to be covered by impervious surfaces. The director of neighborhood and development services may require, upon receiving the recommendation of the building official, an impervious surface plan prepared and sealed by a professional engineer meeting the requirements of this section. See definitions for impervious surfaces and run-off coefficient in article II, division 2.

(h)

Design standards in the RSM-9 zone district.

(1)

Purpose. The design standards preserve and enhance the residential character of the district.

Table VI-203 identifies the zone district(s) where this regulation applies.

(2)

Requirements. All new construction shall be carried out in accordance with the following mandatory design standards.

a.

Utilities. Utility house feed lines shall be placed underground.

b.

Building facade. The front of buildings must face the street and include a front door as a primary entrance. The design of the front entry door shall also incorporate a window.

c.

Front porch. The main entrance on principal buildings shall include a porch, deck or similar open-air covered main entry feature. The porch, deck or similar feature shall have a minimum depth of six feet and comprise a minimum of 30 percent of the width of the principal building's front facade (not including the garage) or eight feet whichever is larger.

d.

Garage/carport placement. All new garages and carports shall be set back at least 15 feet from the front facade of the primary building. In situations where there is more than one wall on the front facade (e.g., rooms jutting out from the front facade), the measurement shall be taken from the wall closest to the street. If there is more than one front lot line, this standard applies to the front yard that contains the front entry. The width of any attached garage or carport area may not exceed 50 percent of the primary building.

e.

Fences, hedges and walls. See section VII-1101, fences, hedges and walls for additional standards.

f.

Building elevation. Where it is necessary to elevate a building above grade, fill may not be used to elevate the lot above the grade of any adjacent lot. In such cases where the building is elevated, a stem wall foundation shall be used and openings beneath the structure shall be screened with materials consistent with the design of the building.

(i)

Design standards in the RTD-9 zone district.

(1)

Purpose. The design standards preserve and enhance the residential character of the district. Table VI-203 identifies the zone district(s) where this regulation applies.

(2)

Requirements. All new construction shall be carried out in accordance with the following mandatory design standards.

a.

Utility lines. All new "house feed" utility feed lines shall be placed underground.

b.

Front entry. All new primary buildings shall face the street and include a front door as a primary entrance facing a street and not more than six feet recessed back from the face of the front facade. Accessory dwelling units may face an internal walkway, driveway or alley. The design of the front entrance of the primary building shall also incorporate a glazing.

c.

Front windows. The first story facade on all street frontages shall be a minimum of 15 percent glass. Windows in garage doors shall not count but windows in a garage wall shall count towards meeting the standard.

d.

Front porch. All new primary buildings shall include a porch, deck or similar open-air covered entry feature that is accessed directly from a street or pedestrian easement and must be visible from the street. Front porches must have a minimum depth of six feet and comprise a minimum of 30 percent of the width of a building's primary front facade (not including the garage) or eight feet whichever is larger. Porches may extend six feet into the front setback plus an additional two feet for eaves.

e.

Garage/carport placement. All new garages and carports shall be set back at least 15 feet from the front facade of the primary building. In situations where there is more than one wall on the front facade (e.g., rooms jutting out from the front facade), the measurement shall be taken from the wall closest to the street. If there is more than one front lot line, this standard applies to the front yard that contains the front entry. The width of any attached garage or carport area may not exceed 50 percent of the front of the primary building.

f.

Fences and walls. The maximum height of new fences and walls located between the front facade of the primary building and the front lot line shall not exceed four feet in height. Ornamental decorations and light fixtures not exceeding 18 inches in height above the maximum four feet may be allowed on pillars or supports for any fence or wall.

g.

Building elevation. Where it is necessary to elevate a new building above grade, fill may not be used to elevate the lot above the grade of any adjacent lot. In such cases where the new building is elevated, a stem wall foundation (with or without a crawl space) shall be used. If there are openings beneath the structure the openings shall be screened with materials consistent with the design of the building.

Table VI-203. Residential Development Standards in the Single-Family Zones

Notes for table VI-203:

(1)

Average zoning lot size for attached unit developments shall be at least 4,840 square feet per dwelling unit.

(2)

Applies only to the end perimeter of attached unit developments on an interior lot. On corner lots, either the rear setback or the non-street side setback can be reduced to zero. However, the remaining non-street setback must comply with the requirements for a standard rear setback. See illustration below.

(3)

Applies to the entire attached unit development. The maximum building coverage for an individual zoning lot in an attached unit development is 60 percent.

(4)

Minimum side and rear yard for accessory buildings shall be three feet.

(5)

Front setback exception. The director of development services is authorized to decrease the maximum front setback to allow the preservation of existing trees. Compliance with EDCM, Part 5, Sec. D.8.b. Visibility at intersections is required.

(6)

Minimum rear yard setback for accessory dwelling shall be ten feet.

(7)

Covered front porches at a residential entrance may extend up to ten feet into the front setback plus up to an additional two feet for eaves.

Side and rear setbacks on corner lots—Attached housing

(j)

Historic preservation transfer of development rights. Transferable development rights from sending sites within the RSM-9 zoning district may be sold or transferred in accordance with section VI-914. There are no receiving sites for transferable development rights in the RSM-9 zoning district.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4429, § 6, 1-21-03; Ord. No. 04-4514, § 4, 1-20-04; Ord. No. 04-4538, § 6, 6-7-04; Ord. No. 04-4573, § 6, 6-20-05; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 06-4682, § 2, 7-26-06; Ord. No. 07-4720 § 2, 5-21-07; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 10-4912, § 2(att. 1), 6-7-10; Ord. No. 10-4915, § 2(att. 1), 6-7-10; Ord. No. 20-5309, § 3(Exh. B), 11-2-20; Ord. No. 20-5337, § 2(att. A, 8-17-21; Ord. No. 22-5404, § 2, 3-7-22; Ord. No. 22-5414, § 2(Exh. A), 5-16-22; Ord. No. 22-25430, § 2(Exh. A), 12-5-22; Ord. No. 23-5476, § 2(Exh. A), 4-17-23; Ord. No. 25-5556, § 2(Exh. A), 2-18-25; Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

(a)

Purpose. The general base zone development standards are designed for residential buildings. Different development standards are needed for institutional uses that may be allowed in single-family zones. The intent is to maintain compatibility with and limit the negative impacts on surrounding residential neighborhoods.

(b)

Use categories to which these standards apply. The standards of this section apply to uses in the institutional use categories group, whether allowed by right, or subject to a conditional use review.

(c)

Standards.

(1)

The development standards are stated in table VI-204. Specific uses or development types may also be subject to article VII, regulations of general applicability.

Table VI-204. Institutional Development Standards in the Single-Family Zones

(2)

Exterior storage. Exterior storage of materials and equipment is prohibited.

(3)

Mechanical equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators shall be screened from the street and any abutting residentially zoned properties by walls, fences, or vegetation tall enough to screen the equipment. Mechanical equipment on roofs shall be screened from the ground level of any abutting residentially zoned properties.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 8, 6-20-05; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 10-4915, § 2(att. 1), 6-7-10)

(a)

Intent and purpose. The intent and purpose of the Residential Multiple Family (RMF) districts is to preserve land for urban housing and to provide opportunities for multiple family housing. These regulations are intended to create and maintain and promote the development and redevelopment of these neighborhoods while preserving their existing residential character. At the same time, they allow for institutional uses but not to such extent as to sacrifice the overall residential neighborhood image and character. The seven multiple family zones are distinguished primarily by density and development standards. The development standards work together to create desirable residential area by promoting aesthetically pleasing environments, safety, privacy, and recreational opportunities. The development standards generally assure that new development will be compatible with the city's character. At the same time, the standards allow for flexibility for new development. In addition, the regulations provide clarity to property owners, developers and neighbors about the limits of what is allowed.

The RMF-R district was originally intended to serve as the residential revitalization area adjacent to the city's central business district and to provide incentives for redevelopment and multifamily residential development in close proximity to the downtown core. In accordance with the policies of the Sarasota City Plan (1998 Ed), as amended, there shall be no further re-zonings to the RMF-R zone district classification. The standards contained in this division, shall be applied only to those zoning lots which were zoned RMF-R prior to the effective date of Ordinance No. 87-3061.

(b)

List of the multiple family zone districts. The full names, short names and map symbols of the multiple family zone districts are listed below. When this Code refers to the multiple family zones, it is referring to the zone districts listed here. When this Code refers to the residential zones, it is referring to both the single-family zones in division 2 and the multiple family zones in this division.

(c)

Characteristics of the zones.

(1)

RMF 1 and 2 zones. The RMF-1 and RMF-2 zones are moderate density multiple family zones which allow six and nine dwelling units per acre respectively. One and two story buildings will characterize allowed housing. The major types of new development will be plexes, townhouses, row houses and garden apartments.

RMF 1 and 2 zones

(2)

RMF 3, 4, and 5 zones. The RMF 3, 4, and 5 zones are medium density multiple family zones which allow 13, 18 and 25 dwelling units per acre respectively. Two to eight story buildings generally characterize allowed housing. The major type of new development will be medium to high-rise apartments and condominiums.

RMF 3, 4 and 5 zones

(3)

RMF 6 and 7 zones. The RMF 6 and 7 zones are high density multiple family zones which allow 18 and 25 dwelling units per acre, respectively, and up to 35 and 50 dwelling units per acre, respectively, when providing dwelling units designated for households with an income at or below 120 percent of the Area Median Income (AMI) in the North Port-Sarasota-Bradenton Metropolitan Statistical Area (MSA) for a minimum period of 30 years. Four- to six-story buildings generally characterize allowed housing. The major type of new development will be apartments and condominiums.

(Ord. No. 02-4357, 4-29-02; Ord. No. 20-5309, § 3(Exh. B), 11-2-20)

(a)

Definitions. Certain specific uses are defined in article II, division 2. The use categories are described in article II, division 3.

(b)

Permitted uses. Uses permitted in the multiple family zones are listed in table VI-301 with a "P." These uses are allowed if they comply with the development standards and other regulations of this Code.

(c)

Conditional uses. Uses allowed in the multiple family zones, if approved through the conditional use review process, are listed in table VI-301 with either a "C," if the use is a major conditional use, or an "MC," if the use is a minor conditional use. These uses are allowed provided they comply with the conditional use approval criteria, the development standards, and any other regulations of this Code.

(d)

Provisional uses. Uses allowed, if approved through the provisional use review process, are listed in table VI-301 with an "L". Provisional uses are similar to those regulated by a 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.

(e)

Use limitations. Uses allowed that are subject to limitations are identified with bracketed numbers in table VI-301. The limitations that correspond to the bracketed numbers are stated at the end of table VI-301. These uses are allowed if they comply with the use limitations, development standards and other regulations of this Code.

(f)

Accessory uses. Common accessory uses are listed as examples with each use category. Accessory uses are allowed by right, in conjunction with the primary use, unless stated otherwise in these regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. See article VII, division 9 for specific accessory use standards.

(g)

Prohibited uses. Uses listed in table VI-301 without any symbol (i.e., blank space) are prohibited. Existing uses in categories listed as prohibited may be subject to the regulations of article V, vested rights and non-conformities.

Table VI-301. Primary Uses Allowed in the Multiple Family Zones

Use limitations for table VI-301:

(1)

Household living limitation. Household living. Housing types are limited to those defined in table VI-302.

(2)

Group living limitation. Group living. Housing types are limited to those defined in table VI-302.

(3)

Provisional use approval is allowed only as an accessory use to religious institutions and schools, day care as a primary use shall require minor conditional use approval in residential multiple family zones.

(4)

All applicants for a day care facility, that provide child care for more than ten children, shall hold a community workshop as set forth in section IV-201(b) prior to submitting an application for a provisional use permit.

(Ord. No. 02-4357, 4-29-02; Ord. No. 4515, § 3, 1-20-04; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 13-5055, § 2(Att. 1), 5-6-13)

(a)

Residential structure types allowed. A broad range of residential structure types is allowed in the multiple family zones. This range allows for efficient use of land, provides options to increase housing variety and housing opportunities, and promotes affordable housing. The residential housing types allowed in the multiple family zones are stated in table VI-302. The residential structure types are defined in article II, division 2.

Table VI-302. Residential Structure Types Allowed in the Multiple Family Zones

(b)

Density.

(1)

Purpose. Density standards serve several purposes. For example, they match housing density with the availability of public services and the carrying capacity of the land. In addition, density standards promote development opportunities for housing and promote urban densities in less developed areas. Density regulations are one tool to judge equivalent compatibility of projects.

(2)

Maximum density. The maximum density (dwelling units) allowed is stated in table VI-303.

(c)

Zoning lot size.

(1)

Purpose. The minimum zoning lot size requirements for new zoning lots ensure that development on a zoning lot will in most instances be able to comply with all site development standards.

(2)

Land divisions. All new zoning lots created shall comply with the zoning lot size standards of table VI-303. The existence of zoning lots larger than the minimum is not a hardship, and may not be used to justify their division into zoning lots that are smaller than the minimum size allowed.

(3)

New development on conforming zoning lots. New development on zoning lots that comply with the minimum zoning lot size standards in table VI-303 is allowed in accordance with the standards of this Code.

(4)

New development on nonconforming zoning lots. New development is allowed on zoning lots that do not conform to the zoning lot size standards in table VI-303 are subject to regulations of section V-108, nonconforming zoning lots.

(d)

Height.

(1)

Purpose. The height standards serve several purposes:

a.

They promote a reasonable building scale and relationship of one residential use to another;

b.

They promote options for privacy for neighboring properties; and

c.

They reflect the general building scale of multiple family development in the city's neighborhoods.

(2)

Maximum height. The maximum height allowed for all uses are stated in table VI-303.

(3)

Extensions Above the Maximum Height. Extensions above the maximum height of structures are detailed under height limitations in section VI-102(p).

(e)

Setbacks.

(1)

Purpose. The building setback regulations serve several purposes:

a.

They maintain light, air, separation for fire protection, and access for fire fighting;

b.

They reflect the general building scale and placement of multiple family development in the city's neighborhoods;

c.

They promote a reasonable physical relationship between residences;

d.

They promote options for privacy for neighboring properties;

e.

They require larger front setbacks than side and rear setbacks to promote open, visually pleasing front yards that promote human interaction; and

f.

They provide adequate flexibility to site a building so it may be compatible with the neighborhood, allow for required outdoor areas, allow for proper traffic circulation and allow for design diversity;

(2)

Required setbacks. The required setbacks for buildings are stated in table VI-303. The minimum setbacks for institutional uses are stated in table VI-304. Other setbacks may apply to specific types of development or situations. For example, setbacks for parking areas are stated in article VII, divisions 2 and 3.

(3)

Extensions (encroachments) into required building setbacks. Allowable encroachments into required building setbacks are stated in article VII, division 12.

(4)

Additional setbacks.

a.

Additional Setbacks applicable to properties outside Golden Gate Point.

For structures over 35 feet in height, measured from finished grade, the following additional setbacks are required for all yards. All portions of the building that exceed 35 feet in height, measured from finished grade, shall have an additional setback of at least 12 feet.

b.

Additional setbacks applicable to properties on Golden Gate Point.

For structures over 35 feet in height, measured from finished grade, the following additional setbacks are required for all yards. All portions of the building that exceed 35 feet in height, measured from finished grade shall be setback as follows:

1.

Front and waterfront additional setback: At least eight feet.

2.

Side and rear additional setback: At least 12 feet.

Gold Gate Point

(f)

Building coverage.

(1)

Purpose. The building coverage standards, along with the height and setback standards, limit the overall bulk of structures. They assure that larger buildings will not have a footprint that overwhelms adjacent development. The standards help define the character of the different zones by determining how built-up a neighborhood appears.

(2)

Maximum building coverage. The maximum building coverage on the zoning lot is stated in table VI-303.

(g)

Required outdoor areas.

(1)

Purpose. The required outdoor area standards assure opportunities for outdoor relaxation and/or recreation. The standards work with the building coverage and landscaped areas standards to assure that some of the land not covered by buildings is of adequate size, shape and location to be usable for outdoor recreation or relaxation. Required outdoor areas are an important aspect in addressing the livability of a residential property by providing outdoor living opportunities, some options for outdoor privacy, and a healthy environment.

(2)

Required outdoor area sizes. The minimum sizes of required outdoor areas per dwelling unit are stated in table VI-303.

(3)

Requirements. All new construction shall be carried out in accordance with the following standards.

a.

Ground level units. The required outdoor area for ground level units must be individual areas and must be directly accessible from the unit. The area may be on the ground or above. Individual outdoor areas for ground level units must be visually screened from each other. The area must be surfaced with lawn, pavers, decking, or sport court paving that allows the area to be used for recreational purposes. User amenities, such as tables, benches, trees, planter boxes, garden plots, drinking fountains, spas or pools may be placed in the outdoor area. It may be covered, such as a covered patio, but it may not be fully enclosed. Screened openings are not considered fully enclosed.

b.

Upper level units. For upper level units, the required outdoor area may be provided individually, such as by balconies, or combined into a larger area. If combined into a larger area, it must comply with the following requirements:

1.

The total amount of required outdoor area for upper level dwelling units is the cumulative amount of the required area per dwelling unit stated in table VI-303 for individual areas, minus any upper level units that provide individual outdoor areas. However, a combined required outdoor area must comply with the minimum area and dimension requirements in table VI-303 for combined outdoor areas.

2.

The combined outdoor area may be developed for active or passive recreational facilities. Examples include play areas, plazas, roof-top patios, picnic areas, and open recreational facilities. The area must be surfaced with lawn, pavers, decking or sport court paving that allows the area to be used for recreational purposes. User amenities, such as tables, benches, trees, planter boxes, garden plots, drinking fountains, spas or pools may be placed in the outdoor area. It may be covered, such as a patio, but it may not be fully enclosed. Screened openings are not considered fully enclosed.

3.

Placement. Uncovered ground level required outdoor areas may extend into the required side and rear setback, but not into the required front building setback.

(h)

Reserved.

Table VI-303. Residential Development Standards in the Multiple Family Zones

Notes for table VI-303:

(1)

The maximum building height shall be measured vertically from the first habitable floor of each building, or no more than 25 feet above finished grade, whichever is less.

(2)

The maximum building height on Golden Gate Point (see subsection VI-303(e)(4) for map of Golden Gate Point) shall be measured vertically from the first habitable floor of each building or no more than 15 feet above finished grade, whichever is less.

(3)

In the RMF-R district, the maximum height is 35 feet if within 150 feet of RSF district.

(4)

In the RMF-R district, for structures over 35 feet in height, an additional setback of at least 12 feet.

(5)

In the RMF-R district, 50 percent for buildings less than four stories; 25 percent for buildings four stories or greater.

(6)

If interior structured parking is utilized in the principal building, for at least 50 percent of the minimum required parking for a project, the maximum site coverage for the floors used exclusively for parking shall be 50 percent.

(7)

For structures over 35 feet in height in the RMF-4, 5, and 7 zone districts, additional setback standards apply. Please see section VI-303(e)(4), "additional setbacks" for additional setback standards applicable to Golden Gate Point and other locations in the city.

(8)

Residential development on zoning lots or a combination of zoning lots designated RMF-6 may receive up to 35 dwelling units per acre (above the base residential density of 18 dwelling units per acre) and/or residential development on zoning lots or a combination of zoning lots designated RMF-7 may receive up to 50 dwelling units per acre (above the base residential density of 25 dwelling units per acre) by providing dwelling units for households with incomes at or below 120 percent of the Area Median Income (AMI) in the North Port-Sarasota-Bradenton Metropolitan Statistical Area (MSA) for a period of at least 30 years.

For each dwelling unit provided for a household with an income at or below 120 percent of the AMI, three additional market rate dwelling units will be allowed. Of the dwelling units provided for households with incomes at or below 120 percent of the AMI, at least one-third of the qualifying dwelling units must be available to households having incomes at or below 80 percent of the AMI and no more than one-third of the dwelling units may be available to households having incomes in the range of 100 percent to 120 percent of the AMI.

No additional building height shall be granted for bonus density housing.

As a condition of approval, an agreement between the developer/landowner and the City of Sarasota shall be filed in the official records of Sarasota County requiring that a buyer or renter of a dwelling unit designated for households with an income at or below 120 percent of the AMI shall not have a household income greater than the income range designated for the unit, that a "for sale" dwelling unit designated for households with an income at or below 120 percent of the AMI shall have an appreciation limit applicable upon resale, and that a rental unit designated for households with an income at or below 120 percent of the AMI shall be monitored for rent and tenant income levels for a period of at least 30 years. The purpose of this agreement shall be to set forth commitments and obligations of the developer/landowner and future owners or residents for the residential bonus density regarding affordability control, occupancy, monitoring, reporting, enforcement, and any other necessary provisions applicable during the time period of at least 30 years. The city manager shall be authorized to sign the agreement on behalf of the city.

(9)

The larger setback is required for zoning lots abutting properties zoned residential single-family.

(10)

Density requirements apply. Portions of the development used to satisfy the density requirements may not be used to fulfil the density requirements of a future development.

(11)

Applies only to the end unit of attached unit developments abutting the project boundary. Attached unit developments may reduce the interior side setback to zero. A minimum 15 ft separation is required between buildings. On corner lots, one of the non-street side setbacks may be reduced to zero.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, §§ 7, 8, 1-21-03; Ord. No. 04-4514, § 5, 1-20-04; Ord. No. 04-4538, § 7, 6-7-04; Ord. No. 06-4682, § 2-7-26-06; Ord. No. 07-4720 § 2, 5-21-07; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 13-5041, § 2 (att. 1), 3-4-13; Ord. No. 20-5309, § 3(Exh. B), 11-2-20; Ord. No. 22-5430, § 2(Exh. A), 12-5-22; Ord. No. 24-5540, § 2(Exh. A), 9-16-24)

(a)

Purpose. The general base zone development standards are designed for residential buildings. Different development standards are needed for institutional uses that may be allowed in multiple family zones. The intent is to maintain compatibility with and limit the negative impacts on surrounding residential neighborhoods.

(b)

Use categories to which these standards apply. The standards of this section apply to uses in the institutional use categories group, whether allowed by right, or subject to a conditional use review.

(c)

Standards.

(1)

The development standards are stated in table VI-304. Specific uses or development types may also be subject to article VII, regulations of general applicability.

(2)

Exterior storage. Exterior storage of materials and equipment is prohibited.

(3)

Mechanical equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators shall be screened from the street and any abutting residentially zoned properties by walls, fences, or vegetation tall enough to screen the equipment. Mechanical equipment on roofs shall be screened from the ground level of any abutting residentially zoned properties.

Table VI-304. Institutional Development Standards in the Multiple Family Zones

Notes for table VI-304:

(1)

Institutional uses that are allowed may be located within residential structures that exceed 35 feet of height in accordance with the maximum height regulations in table VI-303. However, the maximum height for stand-alone institutional projects in RMF-4, RMF-5, RMF-6 and RMF-7 zone districts shall be 35 feet.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 9, 6-20-05; Ord. No. 09-4888, § 2(att. 1), 11-2-09)

(a)

Intent and purpose. The alternative standards are intended to provide an option for new development to be designed and sited in a manner that will encourage human activity on the street. The alternative is applicable to a range of development sizes; however, it may be more practical, feasible, or workable for large projects. Therefore, not all development will qualify for this alternative.

(b)

Establishment of the boundaries. The application of the alternative standards shall be restricted to the zoning lots within Golden Gate Point. See map.

(c)

Alternative standards.

(1)

Alternative zoning lot size. There is no minimum zoning lot size.

(2)

Alternative building setbacks.

(3)

Alternative building coverage. The maximum building coverage is 100 percent.

(d)

Requirements for alternative standards. The alternative zoning lot size, building setback and building coverage standards may be utilized, in lieu of those found in table VI-303, provided all of the following requirements are met.

(1)

Maximum height. The maximum building height shall be 50 feet and a maximum of four stories. The maximum building height shall be measured vertically from the first habitable floor of each building or no more than 15 feet above finished grade. Variances are prohibited.

(2)

Location of parking.

a.

Parking lots or garages shall not be located any closer to the street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude parking lot access driveways.

b.

If a zoning lot fronts on three streets then parking may be located on one (1) corner.

c.

If a zoning lot fronts on four streets then parking may be located on two corners.

d.

Variances are prohibited.

(3)

Windows.

a.

Portions of a building facing a street. The combined area of all stories shall be a minimum of 25 percent glass.

b.

Portions of a building not facing a street. The combined area of all stories shall be a minimum of 15 percent glass.

c.

Variances are prohibited.

(4)

Neighborhood meeting required. All applicants choosing to use these alternative standards shall hold a neighborhood workshop, in accord with the procedures for neighborhood workshops defined in subsection IV-201(b), prior to submitting an application.

(5)

Site plan approval required. In order to utilize these alternative standards, an application for site plan approval for the proposed development must be approved by the planning board in accordance with article IV, division 5.

(6)

Design. In approving the site plan the planning board shall utilize the advisory community design guidelines (design guidelines) found in Appendix D to determine whether the proposed development is compatible with its surroundings. The primary intent is for new development to be designed and sited to encourage human activity on the street. A favorable consistency finding does not equate to being consistent with all of the design guidelines. Rather, an "on-balance" consistency finding shall consider all components of the design guidelines that are relevant to the application. For example, an application may be consistent with ten relevant design guidelines and inconsistent with only one (1), however, if that one (1) design guideline is judged to have more importance, then the proposal may be found to be incompatible with the surrounding area.

(Ord. No. 08-4799, § 2, 4-28-08)

(a)

Intent and purpose. The intent and purpose of the office (O) districts is to preserve land for office and major institutional developments and provide employment opportunities. These regulations are intended to create, maintain and promote the development and redevelopment of neighborhoods while preserving their existing character. The differences in the zones reflect the diversity of the office areas in the city. The zones are distinguished by the uses allowed and the intensity of development allowed in each zone. The regulations promote uses and development and redevelopment that will enhance the economic viability of the specific office area and the city as a whole.

In general, a finite range of uses is allowed in each zone. Limits on the intensity of uses and the development standards promote the desired character for the office area. In most instances, the development standards are designed to allow development flexibility within parameters that support the intent of the specific zone. In addition, the regulations provide clarity to property owners, developers and neighbors about the limits of what is allowed.

(b)

List of the office zone districts. The full names, short names and map symbols of the office districts are listed below. When this Code refers to the office zones it is referring to the zone districts listed here.

(c)

Characteristics of the zones.

(1)

OND. The Office Neighborhood district (OND) provides development opportunities on small sites in or near residential neighborhoods for small, low intensity offices. The zone is intended to provide viable uses for property on collector and local streets; and provides suitable site design and compatibility controls to address the impacts of nonresidential development on nearby residential neighborhoods. This zone is intended for areas that act as a transition between single-family residential neighborhoods and more intense nonresidential uses or high traffic areas. Development is intended to be of a scale and character similar to nearby residential development to promote compatibility with the surrounding area.

OND

(2)

OCD. The Office Community district (OCD) is a low to medium intensity office zone for property on collector and higher classified streets. Uses may have local or citywide emphasis. The zone is intended to prevent the appearance of strip commercial development by allowing office uses but not other commercial uses. However, ancillary retail sales and service uses are allowed to service the office uses in the building but restricted to limit detrimental impacts on nearby residential areas. Development may be auto-accommodating, except where the development is adjacent to a collector street. The development standards allow for more intense development than in the OND zone, but not as intense as the ORD zone.

OCD

(3)

ORD. The Office Regional district (ORD) is a medium intensity office zone generally for property on arterial and higher classified streets. Uses may have citywide or regional emphasis. Development is expected to be auto-accommodating.

ORD

(4)

SMH. The SMH zone is a medium to high intensity institutional zone that provides provisions specific to the Sarasota Memorial Hospital campus. This zone implements the comprehensive plan policies and designations for site 8 in the metropolitan regional land use classification. The development standards are designed to provide for transitions between the more intense hospital development and surrounding lower intensity uses. In addition, specific development standards provide a pleasant and diverse pedestrian experience and connect activities in the zone with surrounding uses.

SMH

(5)

BG. The intent and purpose of the BG district is to permit the use of botanical gardens and accessory uses. This zoning district provides a means by which a botanical garden may grow in a sensitive and coherent manner that preserves the quality of life and integrity of the surrounding neighborhoods.

The following zone districts are not implementing districts and may not be used in future rezoning petitions. See section VI-101.

(6)

OPB. The OPB zone is intended to permit small business, professional and service related offices and to facilitate their proper development and use. It is also intended that development and redevelopment of these commercial districts shall be compatible with, and preserve and enhance, the character of the adjoining neighborhoods. This is not an implementing district and there shall be no further rezonings to the OPB zone district. The standards contained in this district shall be applied only to those zoning lots which are currently zoned OPB.

(7)

OBP-1. The OPB-1 zone is intended to permit small businesses, professional and service related offices and to facilitate their proper development and use. It is also intended that development and redevelopment of these commercial districts shall be compatible with, and preserve and enhance, the character of adjoining neighborhoods. This is not an implementing district and there shall be no further rezonings to the OPB-1 zone district. The standards contained in this district shall be applied only to those zoning lots which are currently zoned OPB-1.

(8)

OP. The OP zone is intended to permit medium-scale business, professional offices and service related offices and to facilitate their proper development and use. It is also intended that substantial buffering and other design techniques shall be used to lessen and/or prevent impacts on adjacent or nearby residential uses. This is not an implementing district and there shall be no further rezonings to the OP zone district. The standards contained in this district shall only be applied only to those zoning lots which are currently zoned OP.

(9)

MCI. The MCI zone is intended to permit institutional uses of a medical charitable, philanthropic, altruistic, religious, social or eleemosynary character to facilitate their proper development and use. This district is also appropriate for special residential uses such as: assisted living facilities, nursing homes, and residential treatment facilities. Regulations for such uses in the MCI district are designed to minimize their impacts on adjoining or nearby districts and use. This is not an implementing district and there shall be no further rezonings to the MCI zone district. The standards contained in this district shall only be applied only to those zoning lots which are currently zoned MCI.

(Ord. No. 02-4357, 4-29-02; Ord. No. 20-5338, § 2(Exh. A), 1-4-21)

(a)

Definitions. Certain specific uses are defined in article II, division 2. The use categories are described in article II, division 3.

(b)

Permitted uses. Uses permitted in the office zones are listed in table VI-401 with a "P". These uses are allowed if they comply with the development standards and other regulations of this Code.

(c)

Conditional uses. Uses allowed in the office zones, if approved through the conditional use review process, are listed in table VI-401 with either a "C" if the use is a major conditional use, or an "MC" if the use is a minor conditional use. These uses are allowed provided they comply with the conditional use approval criteria, the development standards, and any other regulations of this Code.

(d)

Provisional uses. Uses allowed, if approved through the provisional use review process, are listed in table VI-401 with an "L". Provisional uses are similar to those regulated by a 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.

(e)

Use limitations. Uses allowed that are subject to limitations are identified with bracketed numbers in table VI-401. The limitations that correspond to the bracketed numbers are stated at the end of table VI-401. These uses are allowed if they comply with the use limitations, development standards and other regulations of this Code.

(f)

Accessory uses. Common accessory uses are listed as examples with each use category. Accessory uses are allowed by right, in conjunction with the primary use, unless stated otherwise in these regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. See article VII, division 9 for specific accessory use standards.

(g)

Prohibited uses. Uses listed in table VI-401 without any symbol (i.e., blank space) are prohibited as primary uses, however, some may be permissible as accessory uses as prescribed in article VII, division 9 of this Code. Existing uses in categories listed as prohibited may be subject to the regulations of article V, vested rights and nonconformities.

Table VI-401. Primary Uses Allowed in the Office Zones

Notes for table VI-401:

(1)

Household living limitation.

a.

Housing types are limited to those defined in table VI-402.

b.

Residential uses on a OND or OCD zoning lot must be located above ground floor of any building.

c.

Residential portions on the ground floor of mixed use projects on a ORD zoning lot must be less than 50 percent of the total ground floor area of the project, which may consist of one or more buildings. In addition, nonresidential portions of mixed-use projects must be completed and receive a certificate of occupancy in advance or at the same time as the certificate of occupancy for any residential portion of the project.

(2)

Group living limitation.

a.

Housing types are limited to those defined in table VI-402.

b.

All group living uses in OND, OCD and ORD zones are regulated as follows:

1.

Less than 20 residents. Group living uses for less than 20 residents are allowed as a permitted use, subject to section VII-602(aa).

2.

20 or more residents. Group living uses for 20 or more residents are minor conditional uses. They are also subject to section VII-602(aa).

3.

Exception. Normally all occupants of a building are counted. However, in this instance, staff persons that do not live on the site are not counted to determine whether the facility meets the 20 resident cutoff, above which a minor conditional use is required.

(3)

Building design limitation. The design of all buildings used for nonresidential purposes that does not occupy an existing building originally designed as a residential building shall be designed to be residential in character. The building design may employ sloped roofs, gables, porches, double-hung windows and other elements normally associated with residential buildings.

(4)

Parking area location limitation. Parking areas shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude parking lot access driveways. Parking areas shall not be located on street corners unless one of the following conditions exist.

a.

If a zoning lot fronts on three streets, then parking may be located on only one corner.

b.

If a zoning lot fronts on four streets, then parking may be located on only two corners.

(5)

Retail sales and service limitation in the OCD and ORD zones. Retail sales and service uses must be located within an office building and are limited to ten percent of the total floor area of the building; exclusive of parking area; larger amounts of retail sales and service are prohibited. Uses are limited in size in order to limit their potential impact on the office character of the zone. Ancillary retail sales and service uses are meant to primarily service the office uses in the building.

(6)

Drive-through facility limitation. Drive-up windows and drive-through uses are prohibited.

(7)

Radio and frequency transmission facilities limitation. Maximum height of any tower shall be limited to 150 feet.

(8)

All applicants for a day care facility, that provide child care for more than ten children, shall hold a community workshop as set forth in section IV-201(b) prior to submitting an application for a provisional use permit.

(9)

Pharmacy limitation. Pharmacy use allowed only when accessory to a medical center and approved under the minor conditional use process. Pharmacy as a primary use is prohibited. See section VII-904(16).

(10)

Accessory uses consistent with botanical gardens. Activities consistent with similar cultural institutions include, but are not limited to, event facility, greenhouses, dock facilities, plant/gift shops, offices, snack bars, parking garages, and restaurant are permitted as an accessory use to the botanical garden's primary use. Accessory restaurant uses are limited to ten percent of the total developed floor area on site; exclusive of parking areas; larger amounts of restaurant space is prohibited. Accessory restaurants shall not provide catering or kitchen facilities for off-site events.

a.

Accessory restaurants shall be designed to minimize and mitigate noise impacts on adjacent residential property. Sound from outdoor dining areas shall be directed away from residential uses.

(11)

Medical massage therapy. Medical massage therapy is permitted as an accessory use to a medical office.

(Ord. No. 02-4357, 4-29-02; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 13-5055, § 2(Att. 1), 5-6-13; Ord. No. 18-5234, § 2(Exh. A), 2-5-18; Ord. No. 20-5338, § 2(Exh. A), 1-4-21; Ord. No. 22-5415, § 2(Exh. A), 4-16-22; Ord. No. 22-5427, § 2(Exh. A), 9-6-22)

(a)

Residential structure types allowed. A very narrow range of residential structure types is allowed in the office zones. This range allows for options to increase housing variety and housing opportunities, while maintaining the primary nature and focus of the zones. The residential structure types allowed in the office zones are stated in table VI-402. The residential structure types are defined in article II, division 2.

Table VI-402. Residential Structure Types Allowed in the Office Zones

(b)

Density.

(1)

Purpose. Density standards serve several purposes. For example, they serve to establish housing density with the availability of public services and the carrying capacity of the land. In addition, density standards promote development opportunities for housing and promote urban densities in less developed areas. Density regulations are also one tool to judge equivalent compatibility of projects.

(2)

The maximum density (dwelling units) allowed is stated in table VI-403.

(c)

Floor area ratio.

(1)

Purpose. Floor area ratios (FARs) regulate the amount of use (the intensity) allowed on a zoning lot. FARs provide a means to match the potential amount of uses with the desired character of the area and the provision of public services. FARs also work with height, setback, and building coverage standards to control the overall bulk of development.

(2)

FAR standard. The floor area ratios are stated in table VI-403 and apply to all nonresidential development including certain community service uses that may also have to comply with a density standard. Additional floor area is allowed for residential (residential use categories) development.

(d)

Zoning lot size.

(1)

Purpose. The minimum zoning lot size requirements for new zoning lots ensure that development on a zoning lot will in most instances be able to comply with all site development standards.

(2)

Land divisions. All new zoning lots created shall comply with the zoning lot size standards of table VI-403. For sites which are proposed to be developed, an ownership made up of several zoning lots may not be subdivided or boundary adjusted into zoning lots that do not comply with the standards of table VI-403 (See section VI-103).

(3)

New development on conforming zoning lots. New development on zoning lots that comply with the minimum zoning lot size standards in table VI-403 is allowed in accordance with the standards found in table VI-401.

(4)

New development on nonconforming zoning lots. New development on zoning lots which do not conform to the minimum zoning lot standards in table VI-403 are subject to regulations of section V-108, nonconforming zoning lots.

(e)

Height.

(1)

Purpose. The height limits are intended to control the overall scale of buildings. The height limits in OND and OCD zones discourage buildings that visually dominate adjacent residential areas. The height limits in the ORD zone allow for a greater building height at a scale that generally reflects Sarasota's higher intensity office areas. The height limits in the SMH zone are intended to provide for transition between the hospital campus and neighboring areas. The height limits in the BG zone are intended to provide for transition between office zones and adjacent residential areas. Generally, light, air and the potential for privacy are intended to be preserved in adjacent residential areas.

(2)

Maximum height. The maximum height allowed for all structures is stated in table VI-403.

(3)

Extensions above the maximum height. Extensions above the maximum height of structures are detailed under height limitations in section VI-102(p).

(f)

Setbacks.

(1)

Purpose. The required building setbacks promote streetscapes that are consistent with the desired character of the different office zones. The OND and OCD zone setbacks promote buildings close to the sidewalk to reinforce a pedestrian-oriented and built-up streetscape. The setback requirements of areas that abut residential zones promote office development that will maintain a visual transition, light, air and the potential for privacy for adjacent residential zones. The minimum and maximum setback standards apply to all buildings and structures on the site except as specified in (3) and (4) below.

(2)

Required setbacks. The required minimum and maximum building setbacks are stated in table VI-403. Other setbacks may apply to specific types of development or situations. For example, setbacks for parking areas are stated in article VII, divisions 2 and 3.

(3)

Extensions (encroachments) into required building setbacks. Allowable encroachments into required building setbacks are stated in article VII, division 12.

(4)

Administrative reduction. The director of development services may approve the reduction or elimination of the maximum setback requirement.

a.

If a zoning lot fronts on three or more streets, then the maximum front yard setback only applies to two frontages where the logical major pedestrian pattern occurs.

b.

Up to 25 percent of the length of each street-facing facade of a building is exempt from the maximum setback in order to enhance a building's design by creating a forecourt/courtyard or a chamfered corner.

Applicants requesting this option must submit their request in writing to the director of development services and explain the basis for the request.

(g)

Building coverage.

(1)

Purpose. The building coverage standards limit the footprint of buildings and work with the FAR, height and setback standards to control the overall scale of development. The standards promote development consistent with the desired character of the zone.

(2)

Building coverage standards. The maximum building coverage on the zoning lot is stated in table VI-403.

(h)

Ground floor windows.

(1)

Purpose. Blank walls on the ground level of buildings are limited in order to:

a.

Provide a pleasant, rich and diverse pedestrian experience by connecting activities occurring within a structure to adjacent sidewalk areas;

b.

Encourage continuity of office and service uses;

c.

Encourage surveillance opportunities by restricting fortress-like facades at street level; and

d.

Avoid a monotonous pedestrian environment.

Table VI-403 identifies the zone districts where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all new development and remodeling projects that exceed 50 percent of the structure's assessed valuation. Assessed valuation shall be determined by reference to the official property tax assessment rolls of the year the structure is to be remodeled.

(3)

Required amounts of window area.

a.

Exterior walls of a building facing a street on the ground level must meet the general window standard in subsection b. below. However, on corner zoning lots, the general standard must be met on one street frontage only. The general standard must be met on the street that has the lower street classification, unless the logical major pedestrian pattern occurs on the higher classified street in a specific instance. On the other street(s) the requirement is one-half of the general standard.

b.

General standard. The windows must be at least 50 percent of the length and 25 percent of the ground level wall area. Ground level wall areas of a building include all exterior wall areas up to nine feet above finished grade. The requirement does not apply to the walls of residential structures or parking structures.

(4)

Qualifying window features. Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances (e.g., doorways), or display windows set into a wall. Display cases attached to the outside of a wall do not qualify. The bottom of the windows must be no more than three feet above the adjacent public sidewalk elevation.

(5)

Administrative reduction. When exterior walls of a building are more than 20 feet from the front zoning lot line, the director of development services may reduce or eliminate the required amount of window area provided one or more of the following techniques is used on the exterior wall of the building and/or on a streetwall: wall murals (trompe l'oeil); decorative masonry patterns; vertical or horizontal change in wall plane; vertical trellises; landscaped or raised planter beds placed in front of the wall; canopies; or awnings. Except for decorative openings, streetwalls may have openings no larger than necessary to allow vehicle and pedestrian access. Applicants requesting this option must submit their request in writing to the director development services and explain the basis for the request.

(i)

Screening.

(1)

Purpose. These screening standards address specific unsightly features that detract from the appearance of office buildings.

Table VI-403 identifies the zone district(s) where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all new development and remodeling projects that exceed 50 percent of the structure's assessed valuation. Assessed valuation shall be determined by reference to the official property tax assessment rolls of the year the structures is to be remodeled.

(3)

Garbage collection areas. All exterior garbage cans, dumpsters and garbage collection and compaction areas must be screened from public streets and any adjacent properties. These areas shall be located and screened so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets. Trash receptacles for pedestrian use are exempt. See section VII-1401 for specific requirements.

(4)

Mechanical equipment. Mechanical equipment, located on the ground, such as heating or cooling equipment, pumps, or generators must be screened from public streets and any adjacent properties. All rooftop mechanical equipment must be screened from the ground level of public streets and any adjacent properties by integrating it into building and roof design.

(5)

Other screening requirements. The screening and buffering requirements for uses, parking areas, exterior storage and exterior display areas are stated with the regulations for those types of items.

(j)

Pedestrian standards.

(1)

Purpose. The pedestrian standards encourage a safe, attractive and usable pedestrian circulation system in all nonresidential developments. They ensure a direct pedestrian connection between the street and buildings on the site, and between buildings and other activities within the site. In addition, they provide for connections between adjacent sites, where feasible.

Table VI-403 identifies the zone district(s) where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all new development and remodeling projects that exceed 50 percent of the structures assessed valuation. Assessed valuation shall be determined by reference to the official property tax assessment rolls of the year the structures is to be remodeled.

(3)

Standards. An on-site pedestrian circulation system must be provided. The system must meet all standards of this section.

a.

Connections.

1.

Connection to street. The sidewalk system must connect all abutting streets to the main building entrance.

2.

Internal connections. The sidewalk system must connect all buildings on the zoning lot, and provide connections to other areas of the site, such as parking areas, bicycle parking, recreational areas, common outdoor areas and any other amenities.

b.

Materials.

1.

The circulation system must be hard-surfaced, and be at least five feet wide.

2.

Where the system crosses driveways, parking areas and loading areas, the system must be clearly identifiable through the use of elevation changes, speed bumps, different paving materials, or other similar methods. Painted crosswalks or stripping does not meet this requirement.

3.

Where the system is parallel and adjacent to a motor vehicle travel lane, the system must be a raised path or be separated from the lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used the ends of the raised portions must be equipped with ADA (Americans with Disabilities Act) accessible curb ramps.

c.

Lighting. The on-site pedestrian circulation system must be lighted to a level where the employees, residents, visitors and customers can safely use the system at night. All lighting fixtures must be shielded and directed to confine light spread within the site boundaries. See the standards in section VII-1402, site lighting.

Table VI-403. Development Standards in the Office Zones

Table VI-403 notes:

OCD, ORD DISTRICTS

(1)

The larger setback requirement applies to structures fronting on arterial and higher classified streets.

SMH DISTRICT

(2)

A 25-foot front setback is required along Osprey Avenue.

A 50-foot front setback is required along Hillview Street.

OPB DISTRICT

(3)

Two additional stories will be allowed above the 45-foot maximum height only if each of those floors are used for interior structured parking for at least 50 percent of the minimum required parking for a project. No structure located within 100 feet of any zoning district shall exceed the height permitted in such district.

OPB, OP DISTRICTS

(4)

If interior structured parking is utilized, for at least 50 percent of the minimum required parking for a project, the maximum site coverage for the floors uses exclusively for parking shall be 50 percent.

OPB-1 DISTRICT

(5)

Total of side setbacks not less than 30 percent of zoning lot width.

MCI DISTRICT

(6)

No structure shall be located within 50 feet of any property zoned residential.

BG DISTRICT

(7)

Minimum building setbacks from residentially zoned property shall be 65 feet for enclosed greenhouses.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4538, § 8, 6-7-04; Ord. No. 04-4547, §§ 7, 8, 6-7-04; Ord. No. 04-4573, § 10, 6-20-05; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 20-5309, § 3(Exh. B), 11-2-20; Ord. No. 20-5338, § 2(Exh. A), 1-4-21; Ord. No. 22-5430, § 2(Exh. A), 12-5-22)

1.

Special SMH Development Standards.

(a)

The height of buildings, including parking structures, shall be limited as follows:

Table VI-404. Maximum height in SMH zone

Notwithstanding section VI-102(p), the height limits prescribed above shall not apply to: roof-top antennae 20 feet or less in height, satellite dish receivers, parapets or railings not more than 42 inches in height, or chimneys.

(b)

No buildings shall be located within the area bounded on the south by the Hillview Street right-of-way, on the west by Laurent Place right-of-way, on the north by a line that is parallel to and 100 feet southerly of the Arlington Street right-of-way, and on the east by a line that is parallel to and 285 feet westerly of the U.S. 41 right-of-way.

(c)

Buildings, including parking structures, located within 100 feet of the U.S. 41 right-of-way or within 100 feet of the Hillview Street right-of-way shall have articulated facades subdivided into sections not in excess of 100 feet in length or 50 feet in height. Facades shall be designed to reduce the apparent mass and scale of the building and to avoid a uniform monolithic appearance and long blank walls, particularly at the street level. Facade articulation can be achieved through a change in plane, recessed sections, projections, belt courses, sills, cornices, or other visual/architectural techniques.

(d)

Building elevations, including parking structures, located within 250 feet of the Osprey Avenue right-of-way shall have articulated facades subdivided into sections not in excess of 60 feet in length or 30 feet in height. Facades shall be designed to reduce the apparent mass and scale of the building and to avoid a uniform monolithic appearance and long blank walls, particularly at the street level. Facade articulation can be achieved through a change in plane, recessed sections, projections, belt courses, sills, cornices, or other visual/architectural techniques.

(e)

Surface parking areas located within 50 feet of the Osprey Avenue right-of-way shall be located to the side or rear of the building which they are designed to serve. Surface parking shall not be closer to the Osprey Avenue right-of-way than the distance by which the principal building is setback from the right-of-way. This provision shall not be construed to preclude parking lot access drives.

(f)

Surface parking areas serving buildings abutting the Osprey Avenue right-of-way shall be located a minimum of 50 feet from the intersecting right-of-way lines of Osprey Avenue and any other intersecting street (i.e., street corners). This provision shall not be construed to prevent the ordinary maintenance or repair of surface parking facilities in such corner locations and which were lawfully constructed prior to March 20, 2000.

(g)

Urban open space equal to five percent of the combined zoning lot areas of property owned by the Sarasota County Public Hospital Board within the SMH district shall be provided on the hospital campus. Interior open space may not be used to satisfy the urban open space requirement.

(h)

The maximum floor area ratio within the SMH district shall be 2.0 to 1 based upon a calculation of the floor area ratio for the entire Sarasota Memorial Hospital Campus zoned SMH.

2.

Special BG Development Standards.

(a)

Fireworks.

(1)

No fireworks or fireworks displays are permitted.

(b)

Refuse and recycling. All refuse and recycling storage for accessory restaurant uses shall be within an enclosed building or garage.

(c)

Buffering. Project boundary buffers abutting a residential property shall be a minimum of ten feet, and shall be development, at minimum, as a "B" buffer, with a minimum six-foot wall.

(d)

Parking. Minimum parking standards:

(1)

One parking space for each 250 square feet of floor area for nonresidential building space.

(2)

Alternative parking ratio:

a.

The director of development services, after consultation with the city engineer, shall be authorized to approve alternative ratios for providing off-street parking spaces in accordance with this section.

b.

Where the landowner believes that required parking ratios of this section are too high, data submitted by the landowner may be used to determine a different or lesser ratio for a specific proposed use. Such data may include site studies from similar uses, generally accepted engineering standards (for example, ITE standards), or independent engineering calculations based on the nature of the proposed use. The director of development services, in coordination with the city engineer, shall evaluate such submittals to determine an acceptable ratio for the proposed use.

c.

An attested copy of an approved alternative parking ratio shall be recorded in the official records of Sarasota County on forms approved by the city attorney. An alternative parking ratio may be amended by following the same procedure required for the original approval. The landowner shall provide proof of recordation prior to approval of the certificate of occupancy.

(e)

Windows.

(1)

Portions of a building facing a street, excluding a parking garage. The first story shall be a minimum of 30 percent glass and the combined area above the first story shall be a minimum of 25 percent glass.

(2)

Portions of a building not facing a street, excluding a parking garage. The combined area of all stories shall be a minimum of 20 percent glass.

(3)

Glass shall be clear or lightly tinted with a visible light transmittance factor of 0.6 or higher (where R+A+T=1.0). Translucent, opaque, or mirrored glass may not be used.

(4)

Security grilles, if any, shall be at least 50 percent transparent and shall be located on the inside of the glassed area.

(5)

The director of development services may reduce or eliminate the amount of window area above the first story provided a vegetative facade is used on the exterior wall of the building, such as vertical trellises, landscaped or raised planter beds placed in front of wall, or other similar method. Applicants requesting this option must submit their request in writing to the director of development services and explain the bases for the request.

(Ord. No. 02-4357, 4-29-02; Ord. No. 20-5338, § 2(Exh. A), 1-4-21)

(a)

Intent and purpose. The intent and purpose of the commercial (C) districts is to preserve land for retail, office and service developments and provide employment and purchasing opportunities. The differences in the zones reflect the diversity of commercial areas in the city. The zones are distinguished by the uses allowed and the intensity of development allowed. Some of the zones encourage commercial areas that are a neighborhood scale and character, while other zones allow commercial areas that have a community or regional market. The regulations promote uses and development that will enhance the economic viability of the specific commercial district and the city as a whole.

In general, a wide range of uses is allowed in each zone. Limits on the intensity of uses and the development standards promote the desired character for the commercial area. The development standards are designed to allow a large degree of development flexibility within parameters that support the intent of the specific zone. In addition, the regulations provide clarity to property owners, developers and neighbors about the limits of what is allowed.

(b)

List of the commercial zone districts. The full names, short names and map symbols of the commercial districts are listed below. When this Code refers to the commercial zones it is referring to the zone districts listed here.

(c)

Characteristics of the zones.

(1)

CND. The Commercial Neighborhood district (CND) is intended for small commercial sites and areas in or near residential neighborhoods. Development is intended to be pedestrian-oriented with buildings close to and oriented towards the sidewalk especially at street corners. The emphasis of the zone is on uses that provide services for the nearby residential areas, and other uses that are small scale and have little off-site impact. Uses are limited in intensity to promote their local orientation and to limit adverse impacts on nearby residential areas.

CND

(2)

CSD. The Commercial Storefront district (CSD) is intended for areas that have or desire a storefront character. The desired character includes buildings close to and oriented towards the sidewalk especially at street corners. Development is intended to be pedestrian-oriented. The zone may also be appropriate at signalized intersections on busy streets to create a more pedestrian oriented environment or sleeve to cross these major streets. The zone allows a full range of retail, service and business uses with a local, community or regional market area.

CSD

(3)

CRD. The Commercial Residential district (CRD) promotes mixed-use development that combines commercial and housing uses in a single or multiple buildings. This zone allows increased development opportunities on busier streets without fostering a strip commercial appearance. Development is intended to be pedestrian-oriented with buildings close to and oriented to the sidewalks, especially at street corners. This development type will support transit use, provide a buffer between busy streets and residential neighborhoods, and provide new housing opportunities in the city. Development will consist primarily of businesses on the ground floor with housing on upper stories. The zone should be limited in its application to locations that will not be negatively impacted by the height bonus, for example, signalized intersections on busy streets to create a more pedestrian oriented environment or sleeve to cross these major streets. The emphasis of the nonresidential uses is primarily on local or community oriented retail, service and office uses.

CRD

(4)

CGD. The Commercial General district (CGD) is primarily intended to allow auto-accommodating commercial development. The district also allows mixed-use development that combines commercial and housing uses in a single or multiple buildings subject to the requirements of Section VI-503(l). The zone allows a full range of retail and service businesses with a local, community or regional market. The zone's development standards promote attractive development, an open and pleasant street appearance, and compatibility with adjacent residential areas. Development is intended to be aesthetically pleasing for motorists, transit users, pedestrians and the businesses themselves. This development type will support transit use, privide a buffer between busy streets and residential neighborhoods, and provide new housing opportunities in the city.

CGD

(5)

CSC. The Commercial Shopping Center (CSC) is intended to provide for the development of planned commercial developments on larger sites. The zone allows for a full range of retail and service businesses with a local, community or regional market. Development is expected to be auto-accommodating. The zone's development standards promote attractive development, an open and pleasant street appearance that does not have the appearance of strip commercial development. Development is intended to be aesthetically pleasing for motorists, while remaining pedestrian friendly.

CSC

(6)

CBN. The intent and purpose of the CBN district is to provide for a mixture of residential and nonresidential uses and foster an urban community that is diverse, compact and walkable. In an ideal setting, buildings would form a continuous edge, generally up against the outer edge of the right-of-way, with large expanses of glass for pedestrians to see what is happening inside, and a constant sense of give-and-take between inside and outside. The width of the buildings along the street would be relatively narrow, with a range and variety of stores and shops. Restaurants and other uses might spill out onto the sidewalk creating open-air cafes, galleries and other attractions. Landscaping is prevalent, but does not dominate the setting, and does not prevent the pedestrian from getting close to the buildings, storefronts and display windows.

(7)

NT. The intent and purpose of the NT district is to permit a mix of neighborhood scale commercial; cultural and educational facilities; tourist accommodations and attractions; multifamily residential and mixed uses and to facilitate their proper development and use. The commercial and service activities within this zone are primarily oriented toward serving the needs of local residents, tourists and students. Development and redevelopment shall be compatible with, and preserve and enhance, the character of the adjoining neighborhoods. It is further intended that this district is to promote development and redevelopment in a manner that creates a safe and attractive environment for specified uses as well as cultivate an attractive gateway to the city.

(8)

CT. The intent and purpose of the CT district is to serve the nonresidential needs of tourists by providing a variety of goods and services for tourists. The application of this district is restricted to St. Armand's Key.

CT

The following zone districts are not implementing districts and may not be used in future petitions for rezoning. See section VI-101.

(9)

CN. The intent and purpose of the CN district is to permit small-scale neighborhood oriented commercial facilities and to facilitate their proper development and use through substantial buffering and design techniques to lessen and/or prevent impacts on adjacent or nearby residential uses. Businesses in this district are within convenient traveling distance from one or several neighborhoods. The primary uses provided for include food, drugs, hardware and similar items and the provision of personal services. This is not an implementing district and there shall be no further rezonings to the CN zone district. The standards contained in this district shall only be applied to those zoning lots which are currently zoned CN.

(10)

CP. The intent and purpose of the CP district is to permit medium scale commercial facilities and to facilitate their proper development and use. Businesses in this district serve a community-wide market area and offer a wide range of goods and services. It is further intended that substantial buffering and other design techniques shall be used to lessen and/or prevent impacts on adjacent or nearby residential uses. This Commercial Park district is limited in application to zoning lots with frontage on major arterials or and interstate connectors. This is not an implementing district and there shall be no further rezonings to the CP zone district. The standards contained in this district shall only be applied only to those zoning lots which are currently zoned CP.

(11)

CSC-N. The intent and purpose of the CSC-N districts is to provide for the development of planned commercial facilities on large tracts of land. It is further intended that the uses be used to provide a variety of goods and services in a unified development scheme and not single purpose activities. Since a shopping center may well be located in proximity to residential areas, great care must be used to fit a center into its surroundings. This is not an implementing district and there shall be no further rezonings to the CSC-N zone district. The standards contained in this district shall only be applied only to those zoning lots which are currently zoned CSC-N.

(12)

CSC-C. The intent and purpose of the CSC-C districts is to permit the development of planned commercial facilities on large tracts of land. The nature of the primary uses in the CSC-C district are intended to provide a variety of goods and services in a unified development scheme and not single purpose activities. Since the shopping center may well be located in proximity to residential areas, great care must be used to fit it into its surroundings. This is not an implementing district and there shall be no further rezonings to the CSC-C zone district. The standards contained in this district shall only be applied only to those zoning lots which are currently zoned CSC-C.

(13)

CSC-R. The intent and purpose of the CSC-R districts is to permit the development of planned commercial facilities on large tracts of land. The nature of the primary uses in the CSC-R district are intended to provide a variety of goods and services in a unified development scheme and not single purpose activities. Since the shopping center may well be located in proximity to residential areas, great care must be used to fit it into its surroundings. This is not an implementing district and there shall be no further rezonings to the CSC-R zone district. The standards contained in this district shall only be applied only to those zoning lots which are currently zoned CSC-R.

(14)

CG. The intent and purpose of the CG district is to permit medium scale commercial facilities and to facilitate their proper development and use. Businesses in this district serve a community-wide market area and offer a wide range of goods and services. It is further intended that substantial buffering and other design techniques shall be used to lessen and/or prevent impacts on adjacent or nearby residential uses. This is not an implementing district and there shall be no further rezonings to the CG zone district. The standards contained in this district shall only be applied only to those zoning lots which are currently zoned CG.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4890, § 2(att. 1), 10-19-09; Ord. No. 19-5299, § 2(Exh. A), 3-2-20)

(a)

Definitions. Certain specific uses are defined in article II, division 2. The use categories are described in article II, division 3.

(b)

Permitted uses. Uses permitted in the commercial zones are listed in tables VI-501 and VI-501-A with a "P." These uses are allowed if they comply with the development standards and other regulations of this Code.

(c)

Conditional uses. Uses allowed in the commercial zones, if approved through the conditional use review process, are listed in tables VI-501 and VI-501-A with either a "C" if the use is a major conditional use, or an "MC" if the use is a minor conditional use. These uses are allowed provided they comply with the conditional use approval criteria, the development standards, and any other regulations of this Code.

(d)

Provisional uses. Uses allowed, if approved through the provisional use review process, are listed in tables VI-501 and VI-501-A with an "L". Provisional uses are similar to those regulated by a 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.

(e)

Use limitations. Uses allowed that are subject to limitations are identified with bracketed numbers in tables VI-501 and VI-501-A. The limitations that correspond to the bracketed numbers are stated at the end of tables VI-501 and VI-501-A. These uses are allowed if they comply with the use limitations, development standards and other regulations of this Code.

(f)

Accessory uses. Common accessory uses are listed as examples with each use category. Accessory uses are allowed by right, in conjunction with the primary use, unless stated otherwise in these regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. See article VII, division 9 for specific accessory use standards.

(g)

Prohibited uses. Uses listed in tables VI-501 and VI-501-A without any symbol (i.e., blank space) are prohibited as primary uses, however, some may be permissible as accessory uses as prescribed in article VII, division 9 of this Code. Existing uses in categories listed as prohibited may be subject to the regulations of article V, vested rights and nonconformities.

Table VI-501. Primary Uses Allowed in the Commercial Zones

Notes for table 501:

(1)

Residential use limitation.

a.

Housing types are limited to those defined in table 502.

b.

Residential uses on a CND or CSD zoning lot must be located above the first floor of any building.

c.

Residential uses on the ground floor on a CRD or CGD zoning lot must be less than 50 percent of the total ground floor area of the project, which may consist of one or more buildings. In addition, nonresidential portions of mixed-use projects must be completed and receive an occupancy permit in advance or at the same time as an occupancy permit for any residential portion of the project.

(2)

Parking area location limitation. Parking areas shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude parking lot access driveways. Parking areas shall not be located on street corners unless one of the following conditions exist.

a.

If a zoning lot fronts on three streets, then parking may be located on only one corner.

b.

If a zoning lot fronts on four streets, then parking may be located on only two corners.

(3)

Drive-through facility limitation. Drive-up windows and drive-through uses are prohibited.

(4)

Small business limitation. Each individual business is limited to 10,000 square feet of total floor area exclusive of parking area. Uses are limited in size in order to limit their potential impacts on residential uses and to promote a relatively local market area.

(5)

Pharmacy limitation. Pharmacy use permitted only when accessory to a drugstore or grocery store. Pharmacy as a primary use is prohibited.

Table VI-501-A. Primary Uses Allowed in the Commercial Zones

Notes for table VI-501A:

(1)

Storage limitation. No on-site permanent vehicle storage allowed.

(2)

Adult use limitation. See specific restrictions in article IV, division 4 of this Code.

(3)

Pet grooming limitation. No boarding, kennel or veterinary services are permitted.

(4)

Location limitation. Use must be located above first floor of the building.

(5)

Community service limitation in CBN. The following community service uses are prohibited: short-term housing, mass shelters, labor pool, halfway houses, food pantries, and soup kitchens.

(6)

Pharmacy limitation. Pharmacy use permitted only when accessory to a drugstore, grocery store or medical office. Pharmacy as a primary use is prohibited.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4429, § 7, 1-21-03; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 06-4682, § 2, 7-26-06; Ord. No. 07-4720 § 2, 5-21-07; Ord. No. 07-4770, § 2, 12-17-07; Ord. No. 09-4890, § 2(att. 1), 10-19-09; Ord. No. 11-4962, § 2(att. 1), 6-6-11; Ord. No. 13-5055, § 2(Att. 1), 5-6-13; Ord. No. 18-5234, § 2(Exh. A), 2-5-18; Ord. No. 19-5299, § 2(Exh. A), 3-2-20; Ord. No. 21-5364, § 2(Exh. A), 5-18-21; Ord. No. 22-5415, § 2(Exh. A), 4-16-22; Ord. No. 22-5427, § 2(Exh. A), 9-6-22; Ord. No. 22-5430, § 2(Exh. A), 12-5-22; Ord. No. 23-5503, § 2(Exh. A), 2-20-24)

(a)

Residential structure types allowed. A very narrow range of residential structure types is allowed in the commercial zones. This range allows for options to increase housing variety and housing opportunities, while maintaining the primary nature and focus of the zones. The residential structure types allowed in the commercial zones are stated in tables VI-502 and VI-502-A. The residential structure types are defined in article II, division 2.

Table VI-502. Residential Structure Types Allowed in the Commercial Zones

Table VI-502-A Residential Structure Types Allowed in the Commercial Zones

(b)

Density.

(1)

Purpose. Density standards serve several purposes. For example, they serve to establish housing density with the availability of public services and the carrying capacity of the land. In addition, density standards promote development opportunities for housing and promote urban densities in less developed areas. Density regulations are also one tool to judge equivalent compatibility of projects.

(2)

The maximum density allowed is stated in table VI-503 and 503A.

(c)

Floor area ratio.

(1)

Purpose. Floor area ratios (FARs) regulate the amount of use (the intensity) allowed on a zoning lot. FARs provide a means to match the potential amount of uses with the desired character of the area and the provision of public services. FARs also work with height, setback, and building coverage standards to control the overall bulk of development.

(2)

FAR standard. The floor area ratios are stated in table VI-503 and 503A. These FARs apply to all nonresidential development including hotel/motel uses. However, additional square footage obtained by the height bonus in subsection VI-503(l) below, shall not be calculated in the determination of the maximum FAR. Certain community service uses that may also have to comply with a density standard shall also be subject to the FAR requirement. Additional floor area is allowed for residential (residential use categories) development.

(d)

Reserved.

(e)

Height.

(1)

Purpose. The height limits are intended to control the overall scale of buildings. The height limits in the CND zone discourage buildings that visually dominate adjacent residential areas. The height limits in the CBN, CSD, CRD, CGD and CSC zones allow for a greater building height at a scale that generally reflects the city's higher intensity nonresidential areas. Generally, light, air and the potential for privacy are intended to be preserved in adjacent residential areas.

(2)

Height standard. The height standards for all structures are stated in tables VI-503 and VI-503-A.

(3)

Extensions (encroachments) above the maximum height. Extensions above the maximum height of structures are detailed under height limitations in section VI-102(p).

(f)

Setbacks.

(1)

Purpose. The required building setbacks promote streetscapes that are consistent with the desired character of the different commercial zones. The CBN, CND, CSD and CRD zones setbacks promote buildings close to the sidewalk to reinforce a pedestrian-oriented and built-up streetscape. The setback requirements of areas that abut residential zones promote nonresidential development that will maintain a visual transition, light, air and the potential for privacy for adjacent residential zones. The minimum and maximum setback standards apply to all buildings and structures on the site except as specified in (3) and (4) below.

(2)

Required setbacks. The required minimum and maximum building setbacks are stated in tables VI-503 and VI-503-A. Other setbacks may apply to specific types of development or situations. For example, setbacks for parking areas are stated in article VII, divisions 2 and 3.

(3)

Extensions (encroachments) into required building setbacks. Allowable encroachments into required building setbacks are stated in article VII, division 12.

(4)

Administrative reduction. The director of neighborhood and development services may approve the reduction or elimination of the maximum setback requirement.

a.

If a zoning lot fronts on three or more streets, then the maximum front yard setback only applies to two frontages where the logical major pedestrian pattern occurs.

b.

Up to 25 percent of the length of each street-facing facade of a building is exempt from the maximum setback in order to enhance a building's design by creating a forecourt/courtyard or a chamfered corner.

Applicants seeking this option must submit their request in writing to the director of neighborhood and development services and explain the basis for the request.

(g)

Optional building roof lighting standards.

(1)

Purpose. Building lighting can provide an attractive and cohesive design element for business districts. While not mandatory, if building roof lighting is installed it should be installed in a consistent manner. Consistent and similar lighting can provide a common element which unifies and connects a variety of dissimilar buildings.

(2)

Optional building roof lighting shall be installed based on the following standards:

a.

Clear lights of no more than 7½ watts;

b.

Non-flashing;

c.

Bulbs placed on a strand between 12-inch and 18-inch intervals;

d.

Limited to outlining the roof and eaves of the building; and

e.

Installation must meet all applicable provisions of the adopted electrical code (as may be amended).

(h)

Ground floor windows.

(1)

Purpose. Blank walls on the ground level of buildings are limited in order to:

a.

Provide a pleasant, rich and diverse pedestrian experience by connecting activities occurring within a structure to adjacent sidewalk areas;

b.

Encourage continuity of office and service uses;

c.

Encourage surveillance opportunities by restricting fortress-like facades at street level; and

d.

Avoid a monotonous pedestrian environment.

Table VI-503 identifies the zone districts where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all new development and remodeling projects that exceed 50 percent of the structure's assessed valuation. Assessed valuation shall be determined by reference to the official property tax assessment rolls of the year the structure is to be remodeled.

(3)

Required amounts of window area.

a.

Exterior walls of a building facing a street on the ground level must meet the general window standard in subsection b. below. However, on corner zoning lots, the general standard must be met on one street frontage only. The general standard must be met on the street that has the lower street classification, unless the logical major pedestrian pattern occurs on the higher classified street in a specific instance. On the other street(s) the requirement is one-half of the general standard.

b.

General standard. The windows must be at least 50 percent of the length and 25 percent of the ground level wall area. Ground level wall areas of a building include all exterior wall areas up to nine feet above finished grade. The requirement does not apply to the walls of residential structures or parking structures.

c.

Security grilles, if any, shall be at least 50 percent transparent and shall be located on the inside of the glassed area.

(4)

Qualifying window features. Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances (e.g., doorways), or display windows set into a wall. Display cases attached to the outside of a wall do not qualify. The bottom of the windows must be no more than three feet above the adjacent public sidewalk elevation.

(5)

Administrative reduction. When exterior walls of a building are more than 20 feet from the front zoning lot line, the director of neighborhood and development services may reduce or eliminate the required amount of window area provided one (1) or more of the following techniques is used on the exterior wall of the building and/or on a streetwall: wall murals (trompe l'oeil); decorative masonry patterns; vertical or horizontal change in wall plane; vertical trellises; landscaped or raised planter beds placed in front of the wall; canopies; or awnings. Except for decorative openings, streetwalls may have openings no larger than necessary to allow vehicle and pedestrian access. Applicants requesting this option must submit their request in writing to the director of neighborhood and development services and explain the basis for the request.

(i)

Screening.

(1)

Purpose. These screening standards address specific unsightly features that detract from the appearance of nonresidential buildings.

Table VI-503 identifies the zone district(s) where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all new development and remodeling projects that exceed 50 percent of the structure's assessed valuation. Assessed valuation shall be determined by reference to the official property tax assessment rolls of the year the structures is to be remodeled.

(3)

Garbage collection areas. All exterior garbage cans, dumpsters and garbage collection and compaction areas must be screened from the street and any adjacent properties. These areas shall be located and screened so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets. Trash receptacles for pedestrian use are exempt. See section VII-1401 for specific requirements.

(4)

Mechanical equipment. Mechanical equipment, located on the ground, such as heating or cooling equipment, pumps, or generators must be screened from public streets and any adjacent properties. All rooftop mechanical equipment must be screened from the ground level of public streets and any adjacent properties by integrating it into building and roof design.

(5)

Other screening requirements. The screening and buffering requirements for uses, parking areas, exterior storage and exterior display areas are stated with the regulations for those types of items.

(j)

Pedestrian standards.

(1)

Purpose. The pedestrian standards encourage a safe, attractive and usable pedestrian circulation system in all nonresidential developments. They ensure a direct pedestrian connection between the street and buildings on the site, and between buildings and other activities within the site. In addition, they provide for connections between adjacent sites, where feasible.

Table VI-503 identifies the zone district(s) where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all new development and remodeling projects that exceed 50 percent of the structures assessed valuation. Assessed valuation shall be determined by reference to the official property tax assessment rolls of the year the structures is to be remodeled.

(3)

Standards. An on-site pedestrian circulation system must be provided. The system must meet all standards of this section.

a.

Connections.

1.

Connection to street. The sidewalk system must connect all abutting streets to the main entrance.

2.

Internal connections. The sidewalk system must connect all buildings on the zoning lot, and provide connections to other areas of the site, such as parking areas, bicycle parking, recreational areas, common outdoor areas and any other amenities.

b.

Materials.

1.

The circulation system must be hard-surfaced, and be at least five feet wide.

2.

Where the system crosses driveways, parking areas and loading areas, the system must be clearly identifiable through the use of elevation changes, speed bumps, different paving materials, or other similar method. Stripping does not meet this requirement.

3.

Where the system is parallel and adjacent to a motor vehicle travel lane, the system must be a raised path or be separated from the lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used the ends of the raised portions must be equipped with ADA (Americans with Disabilities Act) accessible curb ramps.

c.

Lighting. The on-site pedestrian circulation system must be lighted to a level where the employees, residents, visitors and customers can safely use the system at night. All lighting fixtures must be shielded and directed to confine light spread within the site boundaries. See the standards in section VII-1402, site lighting.

(k)

Exterior display, storage and work activities.

(1)

Purpose. The standards of this section are intended to assure that exterior display, storage and work activities:

a.

Will be consistent with the desired character of the zone;

b.

Will not be a detriment to the overall appearance of a commercial area;

c.

Will not have adverse impacts on adjacent properties, especially those zoned residential; and

d.

Will not have an adverse impact on the environment.

Tables VI-503 and 503-A identify the zone district(s) where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all existing, new, remodeling projects.

(3)

Exterior display and storage. Exterior display of goods is prohibited except for the display and storage of plants, produce, motor vehicles and boats subject to the following limitations:

a.

Such uses must be accessory to an approved primary use.

b.

Display areas for plants and produce are limited to an area equal to 15 percent of the principal uses' gross floor area. There is no limit for approved motor vehicle or boat sales/rental lots and plant nurseries.

c.

Except for approved plant nurseries, all plant and produce merchandise must be stored inside the building after permitted hours of operation. Motor vehicles and boats may remain outdoors.

d.

Hours of operation are limited from 6:00 a.m. to 9:00 p.m.

e.

Display areas are not permitted in required landscape, parking, or pedestrian areas.

(4)

Exterior work activities. Exterior work activities are prohibited except for the following uses that comply with all applicable regulations: restaurants; plant nurseries; entertainment and recreation uses that are commonly performed outside; sales or rental of motor vehicles and boats; fuel sales; car washes; commercial surface parking lots; and outdoor markets.

(l)

Residential hotel/motel accommodations height bonus.

(1)

Purpose and description. Special height bonuses for residential uses in the CRD, and for residential uses and hotel/motel accommodation uses in the CGD are intended to provide incentives for new housing and for hotel/motel accommodation opportunities in the city and to place residents and hote/motel guests in close proximity to business establishments in the CRD and CGD zones. The bonus is designed to allow additional building height in a manner that is still consistent with the purposes of the CRD and CGD zones.

The bonus is applicable to a range of development sizes. However, it may be more practical, feasible, or workable for large projects. Therefore, all developments will not qualify for this bonus option.

(2)

Qualifying types of development. The height bonus provisions are applicable to all existing or new principal structures in CRD zone. The height bonus provisions are applicable to all existing or new principal structures in the CGD zone provided the maximum zoning lot size is one acre or greater.

(3)

CRD height bonus. The maximum height may be increased to 65 feet provided the additional height over 35 feet is used exclusively for residential uses.

a.

Compliance with the standards. Variances to any of the development standards of the base zone or any overlay district are prohibited if the project is to receive any height bonus. It is the responsibility of the applicant to document that all of the bonus requirements are met.

b.

Covenants. The applicant must sign a covenant that ensures that the additional height will continue to be used exclusively for residential for the life of the development. The city attorney must approve the covenant as to form. The covenant must be recorded prior to issuance of the first building permit for the project.

(4)

CGD height bonus. The maximum height may be increased to 65 feet provided the additional height over 45 feet is used exclusively as habitable floor in residential or hotel/motel accommodation uses.

a.

Compliance with the standards. Variances to any of the development base zone or any overlay district are prohibited for any structure that receives the height bonus. It is the responsibility of the applicant to document that all of the bonus requirements are met.

b.

Covenants. The applicant must sign a covenant that ensures the additional height will continue to be used exclusively for residential or hotel/motel accommodation uses for the life of the development. The city attorney must approve the covenant as to form. The covenant must be recorded prior to issuance of the first building permit for the project.

c.

Hotel/motel accommodations. When the CGD height bonus is exclusively used for hotel or motel uses, the applicant shall contribute to the City's Affordable Housing Trust Fund. The amount of the contribution shall be $5,000.00 for each foot of building height or fraction thereof that exceeds 45 feet and $10,000.00 for each foot of building height or fraction thereof that exceeds 55 feet.

(5)

CGD residential intensity bonus. Developers of commercial projects in the CGD zoning lots that are one acre or greater in size may include residential dwelling units as provided in this subsection, thereby resulting in a mixed-use project subject to the following: The maximum dwelling unit density shall be 25 units per acre. One out of every four dwelling units or 25 percent of the dwelling units shall be designated for households with an income at or below 120 percent of the Area Median Income (AMI) in the North Port-Sarasota-Bradenton metropolitan statistical area (MSA) for a period of at least 30 years.

As a condition of the allowance of the residential intensity bonus, an agreement between the developer/landowner and the City of Sarasota shall be recorded in Official Records of Sarasota County. The agreement shall provide that a buyer or renter of a dwelling unit designated for households with an income at or below 120 percent of AMI in the North Port-Sarasota-Bradenton MSA shall not have a household income greater than the income range designated for the units that are specified in the agreement. The agreement shall provide for monitoring of occupant income levels for a period of 30 years. The agreement shall further provide that a dwelling unit designated for households with an income at or below 120 percent of AMI for the local MSA shall have an appreciation limit applicable upon resale and that a rental unit designated for households with an income at or below 120 percent of AMI for the local MSA shall be monitored for rent levels for 30 years.

The agreement between the developer/landowner and the City of Sarasota shall also address how the cost to the developer/landowner of providing the above-described designated dwelling units will be offset by the allowance of dwelling units to create a mixed use project by allowance of a height bonus, if applicable; and by such other incentives as may have been agreed upon by the parties. The agreement shall contain an acknowledgement by the developer/landowner that the cost of providing the above-described designated dwelling units have been fully offset by the incentives set forth in the agreement and that the city has complied with the provisions of the Florida Statutes that may be construed to apply to require offsets, including, but not necessarily limited to F.S. 166.04151.

(m)

Ground floor retail.

(1)

Purpose. The standard is intended to ensure the desired character of the zone.

Table VI-503 identifies the zone district(s) where this regulation applies.

(2)

Qualifying types of development. This regulation applies to all new development and remodeling projects that exceed 50 percent of the structures assessed valuation. Assessed valuation shall be determined by reference to the official property tax assessment rolls of the year the structures is to be remodeled.

(3)

All buildings on a zoning lot must devote at least 75 percent of the ground floor street frontage to retail sales and service uses identified in table VI-501.

(n)

Building recess.

(1)

Purpose. The standard is intended to prevent the effect of canyon-like streets by establishing human scale proportions for new buildings at eye level.

Table VI-503 identifies the zone district(s) where this regulation applies.

(2)

Qualifying types of development. This regulation applies only to new development.

Illustration VI-501

(3)

In the CRD, any portion of a building that exceeds 35 feet in height above finished grade, shall be recessed a minimum of ten additional feet along all street frontages above 35 feet. The design and placement of the recess shall also consider the scale and relationship of adjacent existing structures (see illustration VI-501).

Table VI-503. Development Standards in the Commercial Zones.

Table VI-503 Notes:

(1)

The maximum height may be increased if allowed by the residential height bonus regulations of subsection VI-503(l).

(2)

There is no height limit for aviation control towers and major event entertainment uses. However, these uses are subject to major conditional use approval.

(3)

The larger setback requirement applies to the ground floor of buildings fronting on arterial and higher classified streets. The setback for upper stories may be the smaller setback requirement.

(4)

The larger setback requirement applies to structures fronting on arterial and higher classified streets.

(5)

The larger setback is required for zoning lots abutting residentially zoned property.

(6)

The maximum height may be increased to 50 feet for structures or portions of structures which are set back 100 feet or greater from residentially zoned property. In addition, storefront entrance/entry architectural features for such structures or portions of structures which are set back 100 feet or greater from residentially zoned property may be allowed up to a maximum height of 65 feet.

(7)

The maximum height may be increased to 65 feet for structures or portions of structure which are set back 100 feet or greater from single-family residentially zoned properties if allowed by the residential hotel/motel accommodation height bonus regulations of subsection VI-503(l).

Table VI-503A. Development Standards in the Commercial Zones

Table VI-503A notes:

CN, CG DISTRICTS

(1)

Minimum side yard setback is eight feet where property abuts residentially zoned property.

CBN DISTRICT

(2)

Minimum setback is 15 feet where property abuts residential.

(12)

Maximum building height may be increased to 45 feet for contiguous parcels that abut the intersection of Dr. Martin Luther King Jr. Way and Osprey Avenue.

NT DISTRICT

(3)

Maximum height for hotels/motels, theaters and third floor residential is 35 feet.

(4)

Unenclosed balconies may extend two feet on the second and third floor; unenclosed porches on the ground floor and marquees and awnings above the ground floor may extend five feet into the front yard setback.