(a)

The purpose of this Article is to identify the appropriate reviewing and decision-making authority for development applications that are addressed in this UDC.

(b)

Reserved.

(a)

Duties of Board of County Commissioners as related to this UDC. The Board shall have the following duties:

(1)

Appointing and confirming members of the Planning Commission and Board of Zoning Appeals required under this UDC;

(2)

Appointing or confirming Code Enforcement special magistrates as provided in Chapter 2, Article VIII of the County Code;

(3)

Considering and adopting or rejecting proposed Zoning Map Amendments (Rezoning), Variance application from minimum yard requirements for an existing structure(s); and text amendments to or the repeal of this UDC;

(4)

Approval of a Variance from the minimum street and side yard standards pursuant to Chapter 54, Article XXII and Chapter 54, Article XXXIII of the County Code;

(5)

Considering and approving or denying requests for Special Exceptions;

(6)

Establishing a schedule of fees and charges. Applications or petitions initiated officially by Sarasota County by its duly authorized agencies or officers are exempt from the payment of the fees or charges herein set out;

(7)

Prescribe or amend fees for all processes under this UDC by resolution. The applicant shall pay the appropriate fee in the amount(s) established by said resolution; and

(8)

Act as the Land Development Regulation Commission pursuant to Florida Statutes §§ 163.3164(25) and 163.3194(2).

(b)

Reserved.

(Ord. No. 2019-006, § 3, 4-23-2019)

(a)

Establishment and Composition. A Planning Commission is hereby established, which shall consist of either seven or nine members to be appointed by the Board, each for a term of four years; provided, however, that not more than a minority of the terms of such Planning Commissioners shall expire in any one year. A representative shall be appointed by School Board of Sarasota County to sit on the Planning Commission as a nonvoting member.

(b)

Qualifications of Members. No voting member of the Planning Commission shall hold any elective office of or be employed by any municipality or county government in Sarasota County. Members of the Planning Commission shall be residents of the County for at least two years prior to the date of appointment. Members shall be appointed based on the Board's determination of the type of skills, education or experience best suited to achieve the duties of the Planning Commission as set forth herein.

(c)

Vacancies. Vacancies in Planning Commission membership shall be filled by appointment by the Board for the unexpired term of the member affected. It shall be the duty of the Chair of the Planning Commission to notify the Chair of the Board within 30 days after any vacancy occurs.

(d)

Removal. Members of the Planning Commission may be removed from office by the affirmative votes of three members of the Board. Where a member has filed to run as a candidate for any public office, their resignation shall be tendered as of the date of filing.

(e)

Compensation. Members of the Planning Commission shall receive no salaries or fees for service on the Commission but may receive actual and necessary expenses incurred in the performance of their duties of office.

(f)

Proceedings.

(1)

Officers and Voting. At the first public hearing in December of each year, the Planning Commission shall select a Chair and a Vice Chair from among its members by majority vote. The Planning Commission may also create and fill such other offices as it may determine necessary by majority vote.

(2)

Rules of Procedure. The Planning Commission shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of Florida law, and this UDC. Such rules of procedure shall be available in written form to persons appearing before the Commission and to the public.

(3)

Meetings. Meetings shall be held according to the Planning Commission Rules of Procedure, at the call of the Chair, or at such other times as the Planning Commission may determine. Meetings that are not regularly scheduled shall not be held without proper notice.

(4)

Quorum; Minutes; Public Records.

a.

The Planning Commission shall keep records of its proceedings, showing the vote of each member (including the Chair or Vice Chair), or if absent or failing to vote indicating such fact. The Commission shall keep records of its official actions, all of which shall be a public record and filed with the County.

b.

A quorum for the transaction of business shall consist of a majority of the membership, excluding the representative from the Sarasota County School Board.

(5)

Disqualification of Members. If any member of the Planning Commission shall find that his or her private or personal interests are involved in the matter coming before the Commission, the member shall disqualify himself or herself from all participation in that matter and file a notice of conflict of interest as provided by Florida law. No voting member of the Planning Commission shall appear before the Planning Commission as agent or attorney for any person. No voting member of the Planning Commission shall appear before the Board of Zoning Appeals or Board of County Commissioners as agent or attorney for any person.

(g)

Appropriations, Fees and Other Income. The Board shall make available to the Planning Commission such appropriations as it may see fit for expenses necessary in the conduct of Planning Commission duties. No public funds shall be expended or be caused to be expended by the Planning Commission without express approval of the Board.

(h)

Powers and Duties. The powers and duties of the Planning Commission in general shall be:

(1)

To acquire and maintain such information and materials as are necessary to understand past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of man-made and natural physical features of the County, statistics on past trends and present conditions with respect to population, property values, economic base, land use and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the County;

(2)

To recommend to the Board for adoption and from time to time recommend amendments and revisions to the Comprehensive Plan for meeting present requirements and such future requirements as may be foreseen, and to act as the Local Planning Agency pursuant to F.S. § 163.3174;

(3)

To recommend principles and policies for guiding action affecting development in the County;

(4)

To recommend to the Board the preparation of other planning-related materials or studies;

(5)

It is the intent of this UDC that all Zoning Map Amendments (Rezoning) and Special Exceptions shall be heard first by the Planning Commission and that the Planning Commission's report and recommendation on such matters shall be advisory only to the Board;

(6)

It is the intent of this UDC that all proposed text amendments related to zoning districts and the requirements of those districts in Articles 6 and 7 shall be heard first by the Planning Commission, except as expressly directed by a vote of the Board, and that the Planning Commission's report and recommendations on such matters shall be advisory only to the Board;

(7)

To keep the Board and the public informed and advised on these matters;

(8)

To perform such other duties as may be lawfully assigned to it, or which may have bearing on the preparation or implementation of the comprehensive plan; and

(9)

County employees shall, upon request by the Planning Commission Chair through the County Administrator and within a reasonable time, furnish to the Planning Commission such available records or information as may be required in its work. The Planning Commission may in the performance of official duties enter upon lands and make examinations or surveys in the same manner as other authorized County agents or employees, and shall have such other powers as are required for the performance of official functions in carrying out the purposes of the Planning Commission.

(Ord. No. 2023-062, § 2, 11-14-2023; Ord. No. 2024-071, § 2, 1-15-2025)

(a)

Establishment and Composition. A Board of Zoning Appeals is hereby established, which shall consist of either five or seven members, to be appointed by the Board, each for a term of three years; provided, however, that not more than a minority of the terms of such members shall expire in any one year. The members may serve a maximum of four three-year terms. After serving the four three-year terms, a request for a new appointment may be submitted to the Board after a one-year absence.

(b)

Qualifications of Members. No member of the Board of Zoning Appeals shall hold any elective office or be employed by any municipality or county government in Sarasota County. New members of the Board shall be residents of Sarasota County for two years prior to the date of their appointment, and appointed from among persons in a position to represent the public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest.

(c)

Vacancies. Vacancies in Board of Zoning Appeals membership shall be filled by appointment of the Board for the unexpired term of the member affected. It shall be the duty of the Chair of the Board of Zoning Appeals to notify the Chair of the Board within 30 days after any vacancy occurs.

(d)

Removal. Members of the Board of Zoning Appeals may be removed from office by the affirmative votes of three members of the Board. Where a member has filed to run as a candidate for any public office, their resignation shall be tendered as of the date of filing.

(e)

Compensation. Members of the Board of Zoning Appeals shall receive no salaries or fees for service on the Board but may receive actual and necessary expenses incurred in the performance of their duties of office.

(f)

Proceedings.

(1)

Officers and Voting. The Board of Zoning Appeals shall select a Chair and Vice Chair from among its members and may create and fill such other offices as it may determine necessary. The Chair shall serve a term of one year, and shall not serve consecutive terms. All regular members of the Board shall be entitled to vote in matters before the Board of Zoning Appeals.

(2)

Rules and Procedure. The Board of Zoning Appeals shall adopt Rules of Procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of Florida law, and this UDC. Such Rules of Procedure shall be available in a written form to persons appearing before the Board of Zoning Appeals and to the public.

(3)

Meetings. Meetings shall be held at the call of the Chair and at such other times as the Board of Zoning Appeals may determine. Meetings that are not regularly scheduled shall not be held without at least seven days' notice to each member. The Board of Zoning Appeals shall have the power to take testimony under oath and compel the attendance of witnesses.

(4)

Quorum; Minutes; Public Records.

a.

The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member (including the Chair or Vice Chair), or if absent or failing to vote indicating such fact. The Board of Zoning Appeals shall keep records of its official actions, all of which shall be a public record and filed with the County.

b.

A quorum for the transaction of business shall consist of a majority of the membership.

(5)

Disqualification of Members. If any member of the Board of Zoning Appeals shall find that his or her private or personal interests are involved in the matter coming before the Board, the member shall disqualify himself or herself from all participation in that matter and file a notice of conflict as provided by Florida law. No member of the Board of Zoning Appeals shall appear before the Board of Zoning Appeals as agent or attorney for any person.

(g)

Appropriations, Fees and Other Income. The Board of County Commissioners shall make available to the Board of Zoning Appeals such appropriations as it may see fit for expenses necessary in the conduct of its duties. No public funds shall be expended or be caused to be expended by the Board of Zoning Appeals without express approval of the Board of County Commissioners.

(h)

Powers and Duties. The Board of Zoning Appeals shall have the following powers and duties:

(1)

Administrative Appeals. To hear and decide appeals where it is alleged there is error in a written interpretation order, decision or determination of the Administrator in the enforcement of this UDC, in accordance with Section 124-47, Administrative Appeals.

(2)

Variances. To grant a variance from the terms of this UDC, in accordance with the standards in Section 124-44, Variances.

(3)

Small-Scale Building Determination. To hear and decide appeals where it is alleged there is an error in a determination regarding small-scale commercial buildings in accordance with Section 124-128(c).

(4)

Nonconformities. To grant the approval of changes in nonconforming use in accordance with Article 15.

(5)

Other Powers and Duties.

a.

To exercise jurisdiction in matters other than the enforcement of this UDC as may be conferred upon the Board of Zoning Appeals by an ordinance duly adopted by the Board of County Commissioners.

b.

Notwithstanding the foregoing, the Board of County Commissioners may designate, by ordinance, an alternate body to exercise the jurisdiction herein conferred on the Board of Zoning Appeals.

(Ord. No. 2021-056, § 2, 11-15-2021; Ord. No. 2024-071, § 3, 1-15-2025)

(a)

Designation. As provided for within Section 124-7, the authority to administer the Unified Development Code (UDC) is assigned to the County Administrator, who may designate qualified County employees as Administrators to carry out the powers and duties assigned within this UDC.

(b)

Generally. The Administrator shall administer and enforce this UDC. The Administrator is authorized to act through aides and assistants. In the performance of his or her duties, the Administrator may request the assistance of any appropriate officer or agency of the County.

(c)

Powers and Duties.

(1)

Interpretation. The Administrator shall interpret this UDC where such interpretation is necessary as provided in Section 124-45.

(2)

Enforcement. The Administrator shall assist in enforcement proceedings, testifying as necessary.

(3)

Building Permit. The Administrator, in consultation with the Building Official, shall be responsible for determining whether applications for Building Permits as required by the current edition of the Florida Building Code are in accord with the requirements of this UDC.

(4)

Temporary Use Permit. The Administrator may grant or deny a Temporary Use Permit, or may grant a Temporary Use Permit subject to suitable conditions, and safeguards in accordance with Section 124-53.

(5)

Sign Permit. The Administrator may grant or deny a Sign Permit in accordance with Section 124-49.

(6)

Administrative Adjustment. The Administrator may grant or deny an Administrative Adjustment subject to suitable conditions, safeguards and stipulations and the procedures of Section 124-46.

(7)

Special Exception. The Administrator, in consultation with the Planning and Development Services Department Director, shall determine whether or not proposed development is in substantial compliance with any approved Special Exception Development Concept Plan. Where a proposed development is determined not to be in substantial compliance with an approved Special Exception Development Concept Plan, modifications shall require review through the Special Exception process in Section 124-43.

(8)

Site Development Plan Findings. Before any Site Development Plan shall be approved, approved with conditions, or denied, the Administrator shall make a written finding that the specific requirements governing the individual use have or have not and, further, that the Site Development Plan has or has not met the standards of approval in accordance with Article 12.

(9)

Maintenance of Written Records. The Administrator shall maintain written records of all official actions with relation to interpretation and administration of this UDC, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and the same shall be a public record. Annually, such written records shall be summarized in a report to the Planning Commission, Board of Zoning Appeals and Board of County Commissioners.

(10)

Requests for Relief from the Myakka River Area Setback standards shall be considered by the Administrator according to the provisions of Section 54-1048, of Chapter 54, Article XXXIII, of the County Code, subject to Criteria for standards relief eligibility of Section 124-102(b)(5)f and 102(b)(5)g through i.

(11)

Establish timeframe guidelines on staff reviews for Review Procedure Types within Article 5.

(a)

The County shall ensure Development Review Coordination (DRC) through professional and technical review assistance to the Administrator on development applications. The DRC team includes representatives from various County Departments, Divisions, and Agencies with professional technical knowledge relating to planning, zoning, land development, environmental protection, stormwater, utilities, transportation, transit, school district, emergency services, historical resources, health, and parks, recreation and natural resources and other reviewing parties as deemed appropriate by the Administrator to provide individual comments on development applications.

(b)

The DRC team shall review, as directed by the Administrator, the following development applications for compliance with the provisions of this UDC, the Comprehensive Plan, and all other applicable codes:

(1)

Subdivision or Site Development Plans.

(2)

Final Subdivision Plats.

(3)

Variances, (Waivers) and Modifications.

(4)

Zoning Map Amendments (Rezoning).

(5)

Special Exceptions.

(6)

All other applications assigned by the County Administrator or designee.

(a)

Design Administrator for Small-Scale Buildings, Buildings of 60,000 Gross SF or Greater.

(1)

General. The Design Administrator, as designated by the County Administrator, shall only administer the standards of Section 124-128, Architectural and Design Standards. In the performance of his or her duties, the Design Administrator may request the assistance of any appropriate officer or agency of the County.

(2)

Qualifications of Design Administrator. The Design Administrator may be a County employee designated by the County Administrator, or a person under contract with the County who meets the following qualifications.

a.

The individual shall not hold any elective office or be an employee of any municipal government in Sarasota County. The individual or his or her firm may have other contractual arrangements with any municipality or the County.

b.

Any person contracted to perform this function shall agree in the contract for employment to be bound by the conflicts and ethics rules of Chapter 112, Florida Statutes.

(3)

Powers and Duties.

a.

Interpretation. The Design Administrator is authorized to interpret the provisions of Section 124-128, Architectural and Design Standards, where such interpretation is necessary.

b.

Building Permit. The Design Administrator shall be responsible for determining whether applications for building permits as required by the building code of the County are in accord with the requirements of Section 124-128.

c.

Evaluation of Small-Scale Buildings. The Design Administrator shall review proposed small-scale buildings in accordance with Section 124-128(c).

d.

Evaluation of Large-Scale Commercial Buildings. The Design Administrator shall review all proposed large-scale commercial buildings in accordance with Section 124-128(d) to determine whether or not they meet or exceed the requirements of Section 124-128(d).

e.

Maintenance of Written Records. The Design Administrator shall maintain written records of all official actions with relation to interpretation and administration of Section 124-128.

(b)

Reserved.

(a)

The authority summarized in the following table does not supersede the regulations of any Section of this Article 4 or Article 5, Development Review Procedures. Additional powers and duties may be included in the previous sections of this Article.

(b)

Reserved.

(Ord. No. 2019-006, § 3, 4-23-2019)