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The general provisions of this Section shall apply to the petitions for development approval and procedures under these zoning regulations shown in the table below. Petitions shall be submitted to the Zoning Administrator or Planning Director, as provided in the table below.
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Permit or Approval |
Submitted To: |
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Temporary Use Permit
Sign Permit
Master Sign Plan
Written Interpretation
Administrative Adjustment
Variance
Administrative Appeal |
Zoning Administrator |
|
Zoning Map Amendment (Rezoning)
Zoning Text Amendment
Special Exception |
Planning Director |
Petitions under this Article shall be submitted to the Zoning Administrator or Planning Director, as appropriate, by the owner, any other person having a recognized interest in the land for which the development is proposed, or an authorized agent. Petitions for map amendments (rezoning), variances and special exceptions shall meet the ownership disclosure requirements of the County Charter.
The Planning Director shall establish the petition forms for zoning map amendments (rezoning), zoning text amendments and special exceptions. The Zoning Administrator shall establish all other petition forms required under this Article and make the forms available to the public. All petitions shall be submitted on these established forms.
a. Determination of Fees
The Board of County Commissioners shall determine the fees to accompany all petitions submitted under these zoning regulations. The Board may adjust fee amounts from time to time. The fee amount shall defray the actual cost of processing the petition.
b. Fees to be Paid
No petition shall be processed until the established fee has been paid.
c. Refund of Fees
Petition fees are not refundable except where a petition was accepted in error or the fee paid exceeded the amount due.
a. Purpose
The purpose of a preapplication conference with staff is to familiarize the applicant with the applicable provisions of these zoning regulations required to permit the proposed development, and to inform the applicant about the preparation of the petition.
b. Mandatory Preapplication Conference
A preapplication conference is mandatory for a petition for development approval requesting any of the following types of approvals:
1. Zoning Text Amendment (with Planning Director);
2. Zoning Map Amendment (Rezoning) or Special Exception (with Planning Director).
3. Planned Development District (with Planning Director).
4. Transfer of Development Rights Application (with Planning Director)
5. Any petition that will be reviewed by the Design Administrator (with Design Administrator).
c. Initiation of Preapplication Conference
An applicant subject to a mandatory preapplication conference must make a request and hold the preapplication conference prior to submission of a petition. Any potential applicant for any other petition for development approval may request a preapplication conference from the Planning Director or Zoning Administrator as applicable prior to submission of the petition. The requirement for a mandatory preapplication conference may be waived by the Planning Director or Zoning Administrator, as applicable.
The Zoning Administrator or Planning Director, as appropriate, shall schedule the preapplication conference. At the preapplication conference, the applicant, the Zoning Administrator or Planning Director, and any other County staff and/or regional, state, federal or adjacent local government representatives, as deemed appropriate by the Zoning Administrator or Planning Director, shall be invited and encouraged to attend. The attendees shall discuss the proposed development, and based upon the information provided by the applicant and the provisions of these zoning regulations, discuss in general what provisions of these zoning regulations apply to the proposed development.
e. Written Summary
Within ten working days after completion of the preapplication conference meeting, the Zoning Administrator or Planning Director, as appropriate, shall mail to the applicant a written summary of the comments made at the meeting.
a. All applicants shall provide all of the materials required as part of the petition form, including, where appropriate, a description of the character, location, and magnitude of the proposed development and any other supporting documents such as studies, maps, drawings and models. Failure to include required petition materials shall affect the determination of sufficiency as described in Section 3.1.7 below.
b. A neighborhood workshop shall be required prior to determination of sufficiency for any rezoning or special exception petition in accordance with the Planning Commission Rules of Procedure.
a. Determination by Zoning Administrator/Planning Director
Within ten working days of receipt of the petition for development approval, the Zoning Administrator or Planning Director, as appropriate, shall determine if the petition is complete and includes data in sufficient detail to evaluate the petition to determine whether it complies with the appropriate substantive requirements of these zoning regulations.
b. Petition Insufficient
If the petition for development approval is not sufficient, notice shall be provided to the applicant specifying the deficiencies in the petition. No further action shall be taken on the petition until the deficiencies are remedied. When the petition is determined sufficient, it shall be reviewed pursuant to the procedures and standards of this Article. If the applicant fails to respond to the identified deficiencies within 45 calendar days, the petition shall be considered withdrawn. The Zoning Administrator or Planning Director, as appropriate, may grant an single extension for up to 180 days of this 45-day time period in writing prior to the end of the initial 45-day period for good cause shown. If the applicant does not complete the petition within the extension period granted, the petition shall be considered withdrawn.
After a petition for development approval is determined sufficient, the Zoning Administrator or Planning Director, as appropriate, shall refer the petition to the suitable County staff and any other review agencies for comment in accordance with the applicable rules of procedure.
a. Responsibility for Scheduling
When a petition for development approval is subject to a public hearing, the Zoning Administrator or Planning Director, as appropriate, shall ensure that the necessary public hearing is scheduled for the decision-making or advisory body reviewing the petition.
b. Public Hearings
1. Generally
A public hearing before the decision-making body shall be required for all petitions decided by the Board of Zoning Appeals or the Board of County Commissioners. In addition, all petitions reviewed by the Planning Commission for its recommendation shall be subject to a public hearing before the Planning Commission. Scheduling of public hearings before the Planning Commission shall follow the Planning Commission Rules of Procedure.
2. Petitions Requiring Two Hearings
i. Two public hearings before the Board of County Commissioners shall be required for any ordinance that:
(a) Changes the list of permitted, limited, special exception, or prohibited uses within a zoning category; or
(b) Is initiated by the County and changes the Official Zoning Map designation of a parcel or parcels of land involving ten contiguous acres or more.
ii. At least one hearing shall be held after 5:00 PM on a weekday unless the Board of County Commissioners, by a majority vote plus one, elects to conduct the hearing at another time of day. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing, and shall be advertised at least five days prior to the public hearing.
All petitions for development approval requiring public hearings shall comply with the Florida Statutes, the table in paragraph e. below and the other provisions of this subsection with regard to public notification.
a. Content
All notices for public hearings, unless expressly noted otherwise, whether by mail (written notice), publication or posting shall include the following information:
1. Petition
Identify the petition number.
2. Time and Place of Public Hearing
Indicate the date, time and place of the public hearing.
3. Location
Describe the land involved by street address, if any, or by legal description, and area of the subject parcel (except posted notice). A map may be substituted for the legal description in any mailed notice.
4. Current Zoning
Identify the current zone district designation of the land subject to the petition.
5. Describe Nature and Scope of Petition
Describe the nature, scope and purpose of the petition or proposal being advertised.
6. Describe Materials Available for Public Information
Identify the County Business Center where the petition, staff report and related materials may be inspected by the public. For all notices other than posted notices, state that information is available for public inspection during normal business hours.
7. Notify the Public Where They May Submit Written Materials
For all notices other than posted notices, include a statement describing where the public may submit written comments or evidence prior to the public hearing.
8. Notify the Public Where They May Be Heard
For all notices other than posted notices, shall include a statement stating that affected parties may appear at the public hearing, be heard and submit evidence and written comments with respect to the petition.
1. When the provisions of these zoning regulations require that mailed notice be provided, the Growth Management or Development Services Business Center, as appropriate, shall provide the notice and mailing addresses to the applicant. The applicant shall be responsible for copying and mailing the notice at least 15 calendar days prior to the public hearing. Notice shall be mailed to:
i. All property owners of the land subject to the petition for development approval whose address is known by reference to the latest ad valorem tax records maintained by Sarasota County;
ii. All property owners within 500 feet of the land subject to the petition whose address is known by reference to the latest ad valorem tax records. Where such land is adjacent to property in the same ownership as the land subject to petition, the distance shall be measured from the boundaries of the entire ownership. The distance measurement shall not include public or private right-of-way;
iii. If any dwelling unit within the required notification areas is part of a property owner’s association, the association must also be notified provided the property owner’s association address is available to staff; and
iv. Any organization registered to receive notice pursuant to Section 3.1.10.f below.
2. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, and postage paid. An affidavit attesting to such mailing shall be submitted to the County agency responsible for the petition as set forth in Section 3.1.1.
3. Rural and Semi-Rural Notice Provisions
i. If the parcel that is the subject of the petition is located in an area designated Rural or Semi-Rural on the Comprehensive Plan Future Land Use Map, notice shall be given to all property owners within 1,500 feet of the boundary line of the subject property. The distance measurement shall exclude public or private right-of-way.
ii. When adjacent property is held in the same ownership as the parcel subject to the petition, the distance shall be measured from the boundaries of the entire ownership.
4. Failure to Provide Notice Not a Jurisdictional or Procedural Defect
Failure to provide written notice to property owners pursuant to this subsection 3.1.10.b. shall not constitute a jurisdictional or procedural defect provided that proper legal notice has been published.
When the provisions of these zoning regulations require that notice be published, the applicant shall be responsible for the cost of such publication. The County shall prepare the content of the notice and be responsible for publishing the notice in the newspaper of general circulation that has been selected by the County. The content and form of the published notice shall be consistent with the requirements of Florida law (Sec. 125.66, Fla. Stat., as amended).
When the provisions of these zoning regulations require that notice be posted on the land subject to the petition, the applicant shall:
1. Post a notice on weatherproof signs in a form established by the Zoning Administrator or Planning Director, as appropriate, at least 15 calendar days prior to the public hearing; and
2. Place the signs on the property that is the subject of the petition, along each street that is adjacent to or runs through the subject property in a manner that makes them clearly visible to neighboring residents and passers-by. This shall include at a minimum one sign per street frontage and one sign at each cross street.
3. The sign shall be set back no more than 25 feet from the street so that the lettering is visible from the street. Where the land does not have frontage on a street, signs shall be erected on the nearest street with an attached notation indicating generally the direction and distance to the land subject to the petition.
4. An affidavit attesting to such posting and locations shall be submitted to the County agency responsible for the petition as set forth in Section 3.1.1.
5. The applicant shall be responsible for ensuring that the appropriate posted notice is maintained on the land subject to the petition until the completion of the public hearing on the petition.
6. The signs shall be removed by the applicant within 10 calendar days after the date of the public hearing on the petition.
7. Failure of the signs to remain in place as required in this subsection shall not constitute a jurisdictional or procedural defect provided that proper legal notice has been published.
Unless otherwise expressly provided in state statutes or these zoning regulations, notice shall be provided as follows:
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Petition Type |
Mailed |
Published |
Posted |
|
Text Amendment |
|
X |
|
|
Map Amendment |
X |
X |
X |
|
Special Exception |
X |
X |
X |
|
Variance |
X |
X |
X |
Immediately following adoption of these regulations, and every two years thereafter, any person or organization may pay an appropriate fee and register with the Planning Director or Zoning Administrator to receive written or other notice of all petitions for development approval requiring mailed notice. To be eligible for registration, the applicant must provide the Planning Director or Zoning Administrator information in the form required by the Planning Director or Zoning Administrator to ensure notification can be made to the person or organization. All persons and organizations must re-register every two years thereafter. Failure to provide written notice to persons or organizations on the registry pursuant to Section b. above shall not constitute a jurisdictional or procedural defect provided that proper legal notice has been published. The registry shall also be made available to the Development Services and other Business Centers.
a. Submission of Petition
Any request for withdrawal of a petition shall be submitted in writing to the Zoning Administrator or Planning Director, as appropriate.
b. Prior to Notice of Public Hearing
The Zoning Administrator or Planning Director, as appropriate, shall accept a request for withdrawal of a petition if it has been submitted prior to notification of a public hearing on the petition.
c. Subsequent to Notice of Public Hearing
Once notice of a public hearing has occurred, the request for withdrawal of the petition shall be placed on the public hearing agenda and acted upon by the decision-making body.
d. Petition Deemed Withdrawn
In the event that a petitioner for a rezone or special exception petition fails to accept three written offers by Growth Management Business Center staff for public hearing dates before either the Planning Commission or the Board of County Commissioners, the petition shall be deemed withdrawn. In such an event, the petitioner shall be notified in writing that the subject petition has been formerly deemed withdrawn. Any subsequent petition submitted to the Growth Management Business Center for the same property shall be considered a new petition and processed accordingly.
The Zoning Administrator or Planning Director, as appropriate, shall provide notification of a decision on a petition to the applicant by mail within ten working days after the decision, or such later date where filing with the State of Florida is required. A copy of the decision shall also be made available to the public in the County offices during normal business hours within a reasonable period of time after the decision.
Upon reasonable request and during normal business hours, any person may examine a petition, staff reports and materials submitted in support of or in opposition to petition in the County offices. Copies of such materials shall be made available upon request at a reasonable cost.
 The Building Official shall not issue any building permit without first obtaining confirmation from the Zoning Administrator that the plans submitted conform to applicable zoning regulations. The Building Official shall not issue any person a building permit for the erection, moving, addition to, or alteration of any building or structure except in conformity with the provisions of these zoning regulations, unless that person shall receive a written order from the Board of Zoning Appeals regarding a variance as provided by these zoning regulations, or unless he or she shall receive a written order from a court of competent jurisdiction.
All applications for building permits shall, in addition to containing the information required by the Development Services Business Center, be accompanied by plot and construction plans and any other material as may be necessary to determine compliance with and provide for the enforcement of these zoning regulations. The petition shall be accompanied by a survey of the lot, signed and sealed by a land surveyor licensed in Florida.
a. Building Permits issued on the basis of plans and specifications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. A foundation or spot location survey shall be provided prior to receiving the second inspection for construction authorized by the permit. This survey shall show the slab or first floor elevation and shall show setbacks to all property lines. Use, arrangement or construction different from that authorized shall be deemed a violation of these zoning regulations.
b. Statements made by the applicant on the Building Permit application shall be deemed official statements. The administrative official’s approval of the application shall in no way exempt the applicant from strict observation of applicable provisions of these zoning regulations and all other applicable regulations, ordinances, codes and laws.
A Building Permit issued in error shall not confer any rights or privileges to the applicant to proceed with construction, and the County shall have the power to revoke such permit.
3.3  Certificate of Occupancy
All development shall comply with these regulations and any stipulations applied during the rezoning or special exception process prior to receipt of a final certificate of occupancy unless otherwise expressly stated in the stipulation itself.
Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in Sec. 5.5, Temporary Uses, the following regulations shall govern temporary uses.
a. A temporary use permit application shall be submitted to the Zoning Administrator. Prior to granting a temporary use permit, the Zoning Administrator shall ensure that:
1. Any nuisance or incompatible feature involved is suitably separated from adjacent uses;
2. Excessive vehicular traffic will not be generated on residential streets;
3. A vehicular parking or circulation problems will not be created; and
4 . The use will be compatible with surrounding land uses.
b. The temporary use permit, if granted, shall be granted for a specific time period. At the end of such time period, if the use permitted has not been discontinued, it shall be deemed a violation of these zoning regulations and shall be subject to the penalties set forth in Article 9, Enforcement.
All applications for temporary use permit shall contain site plans or a survey indicating the precise area where the temporary use is to be conducted, the nature of the activities that will occur, and the period of time for which the temporary use permit is requested.
The Zoning Administrator shall review the temporary use permit application and approve, approve with conditions or stipulations, or deny the application.
3.4.4. Public Hearing May Be Required
The Zoning Administrator may refer any application for temporary use permit to the Board of County Commissioners. The County Commissioners, after a duly noticed public hearing, may grant or deny such temporary use permit, or may grant such temporary use permit subject to suitable conditions, safeguards and stipulations. The County Commission shall be assured that the applicant has complied with all standards of Section 3.4.1 above.
Any decision of the Zoning Administrator approving or denying a temporary use permit may be appealed by an aggrieved party to the Board of County Commissioners, which shall hold a public hearing, with due notice, before affirming or overturning the action of the Zoning Administrator.
 An application for a sign permit shall be made on forms approved by the Development Services Business Center, accompanied by the appropriate fee. Any ground sign over ten feet in height or 40 square feet in total aggregate area shall require engineered drawings signed and sealed by an engineer registered with the State of Florida.
It shall be the duty of the Development Services Business Center to issue the written permit evidencing the applicant's compliance with these regulations and, if applicable, with a filed Master Sign Plan as established in Section 3.6. An approved business certificate of occupancy is required prior to issuance of a sign permit.
The Development Services Business Center, at the time of issuance of the sign permit, shall also issue to the applicant a metal tag which shall have printed or impressed thereon the following:
“County of Sarasota Sign Permit,” the number thereof and the year of its issuance.
No sign as herein defined, and unless specifically exempted, shall be erected, displayed, rebuilt, repaired, painted or otherwise maintained which does not have such tag securely attached thereto or to its supporting structure, in such manner as to be plainly visible and readable for on-site inspection.
No person shall erect or assist in the erection, construction, maintenance, alteration, repair or painting of or do any work upon any sign for which a permit has not been issued as required by these regulations.
3.6.1. Purpose
The purpose of a master sign plan in particular types of development is intended to produce a coordinated and complimentary graphic image that achieves consistency and harmony among signs.
3.6.2. Applicability
a. Master sign plans shall be required for the following types of development whenever a site and development plan for new or existing development is required.
1. A nonresidential multi-building development with three or more buildings.
2. A nonresidential multi-tenant development meeting the following criteria.
i. Five or more tenants occupy the property;
ii. The property was developed and remains in unified control; and
iii. The property has a minimum combined street frontage of 400 feet.
b. A Development of Regional Impact (DRI) or Planned Unit Development may request approval of a master sign plan that is binding for the entire development as part of the development order. Where such a master sign plan is approved, all signs in the DRI or PUD shall comply with all other permitting requirements.
3.6.3. Review of Master Sign Plans
a. Procedure
1. The master sign plan shall be submitted to the Development Services Business Center for staff review and approval. When a site and development plan is required for the proposed project, the master sign plan shall be submitted and reviewed with the site and development plan. If the master sign plan is for development in accordance with Section 3.6.2.b above it shall be submitted to the Growth Management Business Center.
2. At the completion of the review, the applicant shall be responsible for providing a master sign plan incorporating any required revisions.
The master sign plan is a document combining text descriptions of the physical properties of all property signage and typical elevation graphics. The master sign plan shall provide at least the following elements.
1. A designated review person for the project to whom all proposed signs must be submitted for internal review by any tenants prior to application for a County sign permit.
2. A section addressing the internal procedure each tenant must follow prior to application to the County for a sign permit. Written approval of the project’s designated reviewer shall be required in order to receive any individual sign permit from the County issued under the Master Sign Plan.
3. A section addressing the process for approval of changes to the master sign plan.
4. A statement that:
"Any proposed sign by any tenant that creates a uniform change from the approved Master Sign Plan will require the applicant to obtain a statement from the property owner or manager’s designated reviewer assessing the extent to which the variation is in keeping with the intent and goals of the Master Sign Plan, and the extent to which the change is acceptable to the property owner or manager."
c. Review Criteria
A master sign plan shall not be approved until and unless the Development Services Business Center or Growth Management Business Center finds that:
1. The plan provides that signs of a similar type and function within the development will meet the following criteria.
i. The proposed signs provide a consistent shape or theme of shapes.
ii. The proposed signs use a consistent style and type of illumination.
iii. Any proposed building signs are mounted in a consistent location on the building.
2. The plan provides for signs that meet the size limitations, location requirements and other applicable requirements of Section 7.4; and
3. The plan provides for uniformity of proportions of tenant signs.
d. Amendments to Approved Master Sign Plans
After approval of a master sign plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan or provided that the plan is amended. All changes, except as provided in Section 3.6.3.b.4, to an existing master sign plan shall require a formal petition with all required information, as determined by the Development Services Business Center or Growth Management Business Center, to enable the staff to properly evaluate the requested change.
3.7.1. Interpretation by Zoning Administrator
Interpretations of these zoning regulations shall be made by the Zoning Administrator, including, but not limited to: interpretations of the text of these regulations; interpretations of the district boundaries; interpretations of stipulations on rezoning or special exceptions; interpretations of whether an unspecified use falls within a use classification or use group allowed in a district, and interpretations of whether a proposed use is of equal or lesser nonconformity.
A letter from the Zoning Administrator that verifies factual information relative to a specific property shall not be considered an interpretation of these regulations.
Any person may request, in writing, a written interpretation regarding the application of these zoning regulations.
a. Submission of Request for Interpretation
Before the Zoning Administrator provides a written interpretation, a request shall be submitted to the Administrator in a form established by the Administrator and made available to the public, along with a non-refundable fee to defray the cost of processing the request.
b. Determination of Sufficiency
1. Within ten working days after a request for interpretation has been submitted, the Zoning Administrator shall determine whether it is sufficiently complete to respond to the request.
2. If the Zoning Administrator determines that the request is not sufficient, written comments shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the request for interpretation until the deficiencies are remedied. If the applicant fails to respond to the deficiencies within 30 calendar days, the request for interpretation shall be considered withdrawn.
3. When the Request for Interpretation is determined sufficient, the Zoning Administrator shall review and render an interpretation pursuant to the procedures and standards of this Section.
c. Rendering of Interpretation
Within 30 calendar days after the request for interpretation has been determined sufficient, the Zoning Administrator shall review and evaluate the request considering the Comprehensive Plan, these zoning regulations, the Official Zoning Map, and other relevant codes and statutes, consult with the County Attorney or other appropriate County staff as necessary, and render an interpretation. The interpretation shall be in writing and mailed to the applicant, and where the applicant is not the property owner, said property owner, by US Mail within seven calendar days after the Zoning Administrator issues the interpretation.
A written interpretation is specific to the applicant, site and use for which the interpretation has been requested.
3.7.6. Appeal
a. Any aggrieved party may appeal a written interpretation of the Zoning Administrator of these zoning regulations, district boundaries, whether an unspecified use falls within a use classification or use group allowed in a district, an interpretation of whether a proposed use is of equal or lesser nonconformity, or a stipulation or condition associated with a variance to the Board of Zoning Appeals within 30 calendar days of issuance of the written interpretation. The appeal shall follow the procedures in Section 3.1.1., Administrative Appeal.
b. Any aggrieved party may appeal a written interpretation of the Zoning Administrator of a stipulation on a rezoning or special exception to the Board of County Commissioners within 30 calendar days of issuance of the written interpretation. In deciding the appeal, the Board of County Commissioners shall apply the stipulation in accordance with the plain language of the stipulation and the Board’s intent in imposing the stipulation, and shall have no power or authority to amend or otherwise modify the stipulation.
a. The Zoning Administrator shall maintain in the Development Services Business Center a record of all interpretations, which shall be available for public inspection, upon reasonable request, during normal business hours.
b. Annually, interpretations shall be summarized in a report to the Planning Commission, Board of Zoning Appeals and Board of County Commissioners. Based on the report, the Board of County Commissioners shall authorize such zoning ordinance amendments as it deems appropriate to be processed in accordance with Section 3.13.
Administrative adjustments are minor specified deviations from otherwise applicable setbacks as specified below.
a. Any adjustment greater than those listed below shall be reviewed by the Board of Zoning Appeals as provided in Section 3.10, Variances.
b. No applicant shall submit more than one administrative adjustment petition for a single parcel of land.
c. The Zoning Administrator shall have the authority to authorize the following administrative adjustments:
1. Setbacks
i. Existing Encroachment. An adjustment of up to 20 percent of the required front, side or rear yard setbacks for any encroachment existing as of October 27, 2003. Such an adjustment shall not allow the expansion of a nonconformity, except for properties located in the HPIOD.
ii. Relocated Historic Structure. An adjustment of up to 20 percent of the required front, side or rear yard setbacks for structures that are located in the HPIOD when such structures are relocated on a new site.
iii. New Development. An adjustment of up to six inches of the required street, side or rear yard setbacks where the applicant establishes that there were errors in construction caused solely by the contractor or surveyor of the development.
iv. No adjustment shall be allowed for work that originally occurred without the appropriate permits.
v. No setback adjustment shall extend into any easement without concurrent modification of the easement, vacation of the easement or a change in the recorded plat regarding the easement to accommodate the administrative adjustment.
A petition for an administrative adjustment shall include an explanation of the reason for the requested administrative adjustment, the specific administrative adjustment requested and any other material necessary to ensure the criteria in Section 3.8.2 above are met.
Where a proposed administrative adjustment is for a rear or side yard setback, the applicant shall submit an affidavit from the owner of any abutting property expressing whether such owner accepts or opposes the proposed adjustment. If consent is not given, the setback adjustment shall be considered a variance and reviewed and decided by the Board of Zoning Appeals as provided in Section 3.10, Variances.
3.8.5. Review and Action by Zoning Administrator
The Zoning Administrator shall review the petition and approve, approve with conditions or stipulations, or deny the petition based upon the criteria below. A written decision shall be provided to the applicant by certified mail. The applicant shall obtain the appropriate County permit reflecting an approved administrative adjustment. For any adjustment on a parcel in the HPIOD, the History Center shall be included in the review.
To approve a petition for an administrative adjustment, the Zoning Administrator shall make an affirmative finding that all of the following criteria are met:
a. That the adjustment requested will be the minimum adjustment necessary; for a reasonable use of the property and
b. That granting the administrative adjustment will not have an adverse impact on land use compatibility; and
c. That granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations; and
d. That granting the administrative adjustment will be consistent with the purposes and intent of these zoning regulations.
e. For properties that are listed as significant historic resources in accordance with Chapter 66, Article III, Section 66-74(a) of Sarasota County Code and those which are included in the “Director’s List of Significant Historic Resources in Sarasota County” in accordance with Chapter 66, Article III, Section 66-74(c), only criteria b., c. and d. contained in Section 3.8.6 shall apply. However, the applicant shall address how the adjustment requested is compatible with surrounding properties and the neighborhood. Where a Certificate of Appropriateness is required, it shall be obtained and submitted with the administrative adjustment petition.
3.8.7. Expiration and Lapse of Approval
Applicants shall have twelve months from the date of approval of an administrative adjustment to secure a building permit to carry out the proposed improvements authorized by the administrative adjustment. If a building permit has not been obtained within twelve months of the date of approval, the approval shall lapse and be of no further effect. An administrative adjustment shall also expire should the building permit expire.
3.8.8. Further Relief
The decision of the Zoning Administrator is final. However, if the applicant is aggrieved by the decision, then in lieu of petitioning for another administrative adjustment, the applicant may apply for a variance as provided in Section 3.10. If a variance is sought, then any relief that may have been provided by the administrative adjustment shall not be a factor in the consideration of the variance.
Site and development plan review is required by these zoning regulations and the Land Development Regulations, Chapter 74 of the Sarasota County Code to ensure that the proposed layout and general design of proposed development complies with these regulations, and that the proposed development is compatible with surrounding land uses.
Either the Land Development Regulations in Chapter 74 of the Sarasota County Code, or these zoning regulations may specify when a development is required to have an approved site and development plan prior to the issuance of a building permit or certificate of occupancy.
a. The Board of Zoning Appeals shall have the authority in specific cases to grant a variance from the terms of these zoning regulations. Such variance shall be granted only when all of the following criteria and the provisions of this Section have been met:
1. The variance shall not be contrary to the public interest;
2. The variance is required owing to special conditions peculiar to the property; and
3. The special conditions are not the result of the actions of the applicant;
4. A literal enforcement of the provisions of these zoning regulations would result in unnecessary and undue hardship on the land; and
5. The variance requested must be the minimum variance necessary to make any reasonable use of the property.
b. A variance from the terms of these zoning regulations shall not be considered by the Board of Zoning Appeals unless and until the following process has been completed.
The applicant shall submit a written petition for a variance.
Notice of public hearing shall meet the requirements in Section 3.1.10.
The Board of Zoning Appeals shall hold a public hearing on the variance petition. Any party may appear in person, or by agent or attorney.
In granting any variance the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with these zoning regulations, including but not limited to reasonable time limits within which the action for which variance is required shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these zoning regulations.
a. Under no circumstances shall the Board of Zoning Appeals grant a variance for a use not permitted in the zoning district involved, or any use expressly or by implication prohibited in the zoning district by the terms of these zoning regulations.
b. The Board of Zoning Appeals shall not grant a variance that has the effect of a special exception to these zoning regulations.
c. A variance is authorized only for height, parking requirements, area and size of structures, size of yards and open spaces, or signs in accordance with Section 7.4.1.e.
d. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and no permitted use of lands, structures, or buildings in any other district shall be considered grounds for the granting of a variance.
Any variance shall expire 24 months from the date of grant, unless appealed and extended by action of the Board of Zoning Appeals. If the activity for which the variance was granted has not commenced by that date, an appeal for extension of time shall show that commencement of the use is being actively pursued by evidence of an petition for a building permit, or site and development plan, or other evidence satisfactory to the Board of Zoning Appeals. No extension shall exceed six months.
The Board of Zoning Appeals shall hear appeals from only decisions of the Zoning Administrator.
a. Appeals to the Board of Zoning Appeals concerning interpretation or administration of these zoning regulations may be filed by any person aggrieved or by any officer, agency, or business center of the County of Sarasota affected by any decision, determination or requirement of the Zoning Administrator. Such appeals shall be filed with the Zoning Administrator within a reasonable time of the interpretation, not to exceed 30 calendar days. The petition shall include the grounds for appeal. The Zoning Administrator shall transmit to the Board of Zoning Appeals all papers constituting the record of the action appealed.
b. The Board of Zoning Appeals shall hear the appeal in a reasonable period of time. Public notice shall be given in accordance with Section 3.1.10.c. Due notice shall be given to the parties in interest as well. At the hearing, any party may appear in person or by agent or attorney.
An appeal stays all proceedings, except any enforcement proceedings, in furtherance of the action appealed from, unless the Building Official certifies to the Board of Zoning Appeals after the notice of appeal is filed that, for reasons stated in the certificate, a stay would cause imminent peril to life or property.
Within 30 calendar days after the rendition of a decision by the Board of Zoning Appeals, the following persons and entities shall have the right to petition the Circuit Court having jurisdiction in Sarasota County for judicial relief from the decision:
a. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Zoning Appeals; and
b. The Board of County Commissioners or any officer or business center of the County, whether or not the Board of County Commissioners, officer, or business center appeared at the hearing before the Board of Zoning Appeals, and with or without a showing of special injury or aggrievement.
The Official Zoning Map may from time to time be amended, supplemented, or changed. The procedures shall be as follows.
3.12.1. Initiation of Proposals for Amendment
a. A zoning map amendment may be proposed by:
1. Board of County Commissioners; or
2. Any other person; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he or she does not own. The name(s) of the owner shall appear on each petition.
b. All proposals for zoning map amendments shall be considered first by the Planning Commission.
c. All proposals for zoning map amendments shall be submitted in writing to the Growth Management Business Center, accompanied by all pertinent information required by these zoning regulations.
d. The applicant must hold an advertised neighborhood workshop in accordance with the Sarasota County Planning Commission’s Rules of Procedure and Processing Guidelines, as may be amended.
Notice shall be provided as set forth in Section 3.1.10. for both the Planning Commission and Board of County Commissioners public hearings.
a. The report and recommendations of the Planning Commission to the Board of County Commissioners regarding a specific site or sites shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable:
1. Whether the proposed change would be consistent with the intent, goals, objectives, policies, guiding principles and programs of the Comprehensive Plan;
2. Whether the proposed change would be compatible with the existing land use pattern and designated future land uses;
3. Whether the proposed change would have an impact on the availability of adequate public facilities consistent with the level of service standards adopted in the comprehensive plan, and as defined and implemented through the Sarasota County Concurrency Management System Regulations, Chapter 94, Article VII of Exhibit A of the Sarasota County Code, as amended;
4. Whether the existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;
5. Whether the proposed change will adversely influence living conditions in the neighborhood;
6. Whether the proposed change will create a drainage problem;
7. Whether there are substantial reasons why the property cannot be used in accord with existing zoning;
8. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use;
9. Whether gradual and ordered growth contemplated in the Comprehensive Plan can best be accomplished through the approval of a land use which is less intense than the intensity designated on the Future Land Use Map of the Comprehensive Plan;
10. Whether the proposed change would create adverse impacts in the adjacent area or the County in general;
11. Whether the subject parcel is of adequate shape and size to accommodate the proposed change;
12. Whether ingress and egress to the subject parcel and internal circulation would adversely affect traffic flow, safety or control; and
1 3. Whether the proposed change has been reviewed in accordance with the interlocal agreement with the School Board of Sarasota County and whether school capacity has been adequately addressed, including on- and off-site improvements.
The report and recommendations of the Planning Commission required by Section 3.12.3 above shall be advisory only and shall not be binding upon the Board of County Commissioners.
3.12.5. Restrictions, Stipulations, Conditions and Safeguards
a. The Planning Commission may recommend that a petition to rezone property be approved subject to stipulations. The Board of County Commissioners, after receiving the recommendation from the Planning Commission on the petition, may grant or deny the petition or modify the petition to a zoning district consistent with the Comprehensive Plan. The Board may make the granting conditional upon such restrictions, stipulations, conditions and safeguards as it may deem necessary to ensure consistency with the Comprehensive Plan.
b. Restrictions, stipulations, conditions and safeguards attached to a rezoning of property may include but are not limited to those necessary to protect adjacent or nearby land owners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district including, but not limited to, density, height, buffers, connection to central water and sewer systems and stipulations requiring that certain aspects of development take place in accordance with a development concept plan. The Board of County Commissioners may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the Board of County Commissioners that is consistent with the Comprehensive Plan.
c. All stipulations shall be recorded in the deed records of Sarasota County.
d. Where the purpose statement in Article 4 for a district applied by rezoning after October 27, 2003 requires it, development concept plans shall be binding.
e. Stipulations shall be shown on the cover sheet of any subsequent request for a subdivision, site and development plan, building permit or other approval under this Article 3.
f. Violations of restrictions, stipulations, conditions or safeguards contained in an amendment granted by the Board of County Commissioners shall constitute a violation of these zoning regulations and be enforced as set forth in Article 9.
3.12.6. Board of County Commissioners Action on Planning Commission Report
a. Upon receipt of the Planning Commission report and recommendations, the Board of County Commissioners shall hold public hearings with notice to be given pursuant to the provisions of Section 3.1.10.
b. The reports and recommendations of the staff and the Planning Commission on the petition shall be presented prior to the close of the Public Hearing on the petition. The applicant shall have the right, prior to the close of the public hearing, to respond to any testimony or other evidence presented during the public hearing.
a. Whenever the Board of County Commissioners has taken final action on a petition for rezoning or the grant of a special exception for property, whether approved or denied, the Growth Management Business Center shall not accept any further petition for any rezoning of any part of or all of the same property for a period of twelve months from the date of such action, or the date of final judicial review of such action, whichever is later.
b. The time limits of subsection a above may be waived by three affirmative votes of the Board of County Commissioners when the Board finds, based on new information or changed conditions, that new action may be warranted to prevent injustice or to assure protection of the public health, safety and welfare. Any petition for a waiver of the time limits shall be submitted to the Growth Management Business Center for consideration by the Board. A written notice of the waiver shall be sent to persons on the mailing list from the original Zoning Map Amendment petition, and to interested parties registered in accordance with Sec. 3.1.10.f. This notice shall be prepared by the Growth Management Business Center and provided, along with mailing labels, to the applicant who shall bear the responsibility of mailing the notice. The subject site shall also be posted in accordance with Sec. 3.1.10.d.
These zoning regulations may from time to time be amended, supplemented, changed, or repealed. The procedures shall be as follows.
a. A zoning text amendment may be proposed by: 
1. Board of County Commissioners;
2. Planning Commission with authorization from the Board of County Commissioners;
3. Board of Zoning Appeals with authorization from the Board of County Commissioners;
4. Any business center or other agency of the County with authorization from the Board of County Commissioners; and
5. Any resident or landowner in the County.
b. Except as expressly directed by a vote of the Board of County Commissioners, zoning text amendments shall be considered first by the Planning Commission.
c. All proposals for zoning text amendments shall be submitted in writing to the Growth Management Business Center, along with the appropriate fee established by the Board of County Commissioners, where the applicant is not the County.
d. The Growth Management Business Center shall consult with other business centers, including the Development Services Business Center, on their review of each zoning text amendment.
Notice shall be provided as set forth in Section 3.1.10.
The Planning Commission shall consider and study:
a. The need and justification for the change;
b. Applicability of the change county-wide; and
c. The relationship of the proposed amendment to the County's Comprehensive Plan, with appropriate consideration of consistency with the Plan and as to whether the proposed change will further the purposes of these zoning regulations and other County codes, regulations, and actions designed to implement the Comprehensive Plan.
The report and recommendations of the Planning Commission, where provided, shall be advisory only and shall not be binding upon the Board of County Commissioners.
a. The Board of County Commissioners shall hold a public hearings with notice to be given pursuant to the provisions of Section 3.1.10.
b. The reports and recommendations, if any, of the staff and the Planning Commission shall be presented prior to the close of the public hearing on the petition.
c. The Board shall consider the findings of the Planning Commission report required in Sec. 3.13.3. Where the Board acts without consideration from the Planning Commission, the findings of Sec. 3.13.3. shall be considered by the Board in its decision.
d. The Board of County Commissioners shall review any proposed text amendments in its capacity as the Land Development Regulation Commission and make findings regarding the proposed amendment’s consistency with the Comprehensive Plan.
The provisions contained herein shall apply to the Planned Unit Development (PUD), Planned Industrial Development (PID), Planned Commerce Development (PCD), and Office, Professional, and Institutional (OPI/PD) Districts.
a. Preapplication Conference
Prior to initiating a petition for a planned district, a preapplication conference with the Growth Management Business Center pursuant to Section 3.1.5 staff is required.
b. Petition
A development concept plan shall accompany the petition and is required for determination as to the internal relationships between or among uses and activities proposed and their supporting systems and facilities, and relation to surrounding uses, activities, systems and facilities.
All land included for purpose of development as a planned development shall be under the legal control of the applicant. Applicants requesting approval of a planned development shall present firm evidence of unified control of the entire area within the proposed planned development together with a certificate of apparent ownership and encumbrance with the opinion of counsel representing the applicant, establishing that the applicant has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these zoning regulations.
1. The applicant shall state agreement to:
i. Proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to any rezoning to the applicable planned development district;
ii. Provide agreements, contracts, deed restrictions and sureties acceptable to an attorney designated by the Board of County Commissioners for completion of the development according to the approved plans; and maintenance of such areas, functions and facilities as are not to be provided, operated, or maintained at public expense; and
iii. Place covenants on the property to bind their successors in title to any commitments made under subsections (i) and (ii) above.
2. All such agreements and evidence of unified control shall be examined by an attorney designated by the Board of County Commissioners and no planned development shall be approved unless such agreements and evidence of unified control meet the requirements of these zoning regulations.
In reaching recommendations on decisions as to approval of a planned development, the Planning Commission and the Board of County Commissioners shall apply the following locational standards:
1. The concept of planned development is an important instrument in the implementation of the Comprehensive Plan. Planned developments shall be located in conformity with the Comprehensive Plan and particularly with the future land use plan.
2. Relation to major transportation facilities. Planned developments shall be so located with respect to arterial streets, highways, collector streets, or other transportation facilities as to provide direct access to such planned developments without creating or generating traffic along minor streets in residential areas or districts outside the planned development.
3. Relation to utilities, public facilities, and services. Planned developments shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under current zoning and development policies for the area. Such planned developments shall be so located with respect to necessary public facilities as to have access to such facilities in the same degree as would development permitted under existing zoning, and shall be so located, designed, and scaled that access for public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development permitted under existing zoning.
4. However, if the applicants (1) provide private facilities, utilities, or services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation permanently, or until similar public utilities, facilities or services are available and used, or (2) make provision acceptable to the County for offsetting any added net public cost or early commitment, the granting of the planned development district may be approved.
5. In computing the added net public costs, the difference in anticipated public installation, operation, and maintenance costs and anticipated public revenue shall be considered.
3.14.3. Planning Commission Findings and Recommendation
After the required public hearing, the Planning Commission may recommend to the Board of County Commissioners that the request for a planned district be approved, approved with conditions or stipulations or denied. In making its recommendation, the Planning Commission shall find that the plans, maps and documents submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of Section 3.12 applicable to the grant of rezoning generally, and in addition:
a. The requirements of unified control and agreement set out in Sec. 3.14.2.c and Sec. 3.14.2.d;
b. Locational standards set out in Sec. 3.14.2.e;
c. The internal planned district standards set out for the specific District in Article 4 or Article 6;
d. The tract for the proposed planned district is suitable in terms of its relationship to the County Comprehensive Plan and that the area surrounding the proposed planned district can continue to be developed in coordination and substantial compatibility with the planned district proposed;
e. That the desirable modifications of the general zoning or planned district regulations, as applied to the particular case, justify such modification of regulations and meet to at least an equivalent degree the regulations modified, based on the design and amenities incorporated in the development concept plan; and
f. That open space in accordance with these zoning regulations is provided for the proposed planned district, and desirable natural features indigenous to the site are preserved in the development plan presented.
All terms, conditions, safeguards and stipulations made at the time of approval for planned district, including the associated development concept plan, shall be binding upon the applicant or any successors in interest. All stipulations shall be recorded in the deed records of Sarasota County. Deviations from approved development concept plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of these zoning regulations.
All development in any planned district shall be subject to the requirements of Section 3.15, Development Concept Plans.
This Section shall apply to all development subject to a binding development concept plan, including but not limited to development after October 27, 2003 in the CG or CHI District, or in any planned district. This Section shall not apply to special exception concept plans, which shall be reviewed for consistency in conformance with Section 3.16.10.
3.15.2. Binding Nature of Approval
All terms, conditions, safeguards and stipulations made at the time of approval for any district subject to this Section, including any development concept plan specified as binding, shall be binding upon the applicant or any successors in interest. Deviations from approved development concept plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of these zoning regulations.
3.15.3. Development of Lands Subject to Development Concept Plans
a. Preliminary or site and development plans for development of land approved subject to a binding development concept plan shall be processed in accordance with procedures established in the Land Development Regulations, Chapter 74 of the Sarasota County Code. The preliminary plan or site and development plan required and submitted shall be in substantial compliance with the approved development concept plan. In addition to the requirements of the Sarasota County Land Development Regulations determined to be applicable, the following information shall be provided:
1. Building locations;
2. Master landscape plan;
3. Subdivision entry walls, privacy walls, fence, wall and planting screen locations, heights and materials;
4. The number of total gross acres in the project and the percentages thereof proposed to be devoted to specific types of uses, off-street parking and off-street loading, streets, open spaces, recreation areas, parks, schools and other reservations. The total number of dwelling units in the project by type and overall density and the total square footage of non-residential land uses, by type, shall be included.
b. Once preliminary plan or site and development plan approval has been obtained, the applicant shall proceed in accordance with the requirements of the Land Development Regulations, Chapter 74 of the Sarasota County Code, determined to be applicable.
c. Prior to recording a final plat, or prior to final site and development plan approval, as applicable, the developer shall file, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities, including streets, drives, parking areas, open space and recreation facilities, landscaped buffer areas, and stormwater management facilities; or the developer shall file such documents as are necessary to show how the said common areas are to be improved, operated, or maintained. Such documents shall be subject to review by an attorney designated by the Board of County Commissioners.
a. Changes in preliminary plans or site and development plans which are in substantial compliance with the approved development concept plan may be permitted by the Zoning Administrator with input from appropriate members of the Development Review Committee as required, on petition by the applicant or successors, but only upon making a finding that such changes are:
1. In accord with all applicable regulations currently in effect; and
2. In accord with all the conditions and requirements specified in the ordinance approving the planned district.
b. The Zoning Administrator is authorized to approve changes in the approved development concept plan, but shall not have the power to approve changes that constitute a substantial modification. A substantial modification shall be processed by the Growth Management Business Center as a rezoning request in accordance with Section 3.12.
c. Substantial Modifications
1. In reaching a decision as to whether or not proposed changes are to be considered a substantial modification, the Zoning Administrator shall, after reviewing the record of the project, determine if any of the following changes are proposed.
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MINOR MODIFICATION |
SUBSTANTIAL MODIFICATION |
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GENERAL |
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Any change in a stipulation or condition specifically required by the Board of County Commissioners. |
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Any alteration to uses approved in the development concept plan that lie within 100 feet of the boundary of the district, or within 100 feet of any part of the district that has been constructed or sold to any owner or owners different from the applicant requesting the change, that is not specifically set forth in this table as a minor modification. |
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Any other modifications that affect the area depicted on the development concept plan or the perimeter of the proposed site that are not specifically set forth in this table as a minor modification. |
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USE |
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A change from one permitted or limited use to another permitted or limited use. |
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A petition for a special exception. |
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In a PUD, a change from multifamily to single-family use. |
In a PUD, a change from single-family residential use to multifamily residential use; from any residential use to internal commercial use; or a change in the location of an internal commercial component. |
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BUILDING AREA/UNITS |
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A decrease in total residential units or nonresidential square footage. |
In CHI, CG, PID, PCD or OPI/PD an increase in floor area of five percent or more. |
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An increase of five percent or less in residential units equal to a concurrent reduction in planned areas for parking or stormwater, provided the increase does not occur within 100 feet of the boundary of the district. |
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An increase of five percent or less in the amount of nonresidential square footage equal to a concurrent reduction in planned areas for parking or stormwater, provided the increase does not occur within 100 feet of the boundary of the district. |
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SITE CHARACTERISTICS |
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A modification of the size and configuration of perimeter stormwater lakes or any internal lakes. |
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A decrease in the amount of open space of less than 5 percent, provided the remaining open space is not less than that required in the district, and further provided the land was not designated as conservation or preservation land (including native habitat) on the development concept plan. |
A reduction in the amount of open space, recreation areas, preservation areas or buffer areas of more than five percent, or any change in the location of open space or recreational uses within 100 feet of the boundary of the planned district, or within 100 feet of any part of a nonresidential planned district that has been constructed or sold to any owner or owners different from the applicant requesting the change, or within 100 feet of the boundary of any portion of a residential planned district that has received final plat approval. Any change made to the boundaries of open space, recreation or preservations areas previously recorded shall be considered a substantial modification. The Zoning Administrator may request comments from other County Business Centers and other agencies, as appropriate, regarding these changes. |
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A modification to off-street parking layout, provided all other County requirements for such facilities are met, provided no modification is within 100 feet of any residentially-zoned property. |
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A modification to the configuration of lots in areas previously designated for outparcels, provided no modification is within 100 feet of any residentially-zoned property. |
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ACCESS |
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A modification or addition to the external access points adjacent to nonresidential development or undeveloped residentially-zoned property, provided the applicant demonstrates that the spacing is appropriate, safe, does not adversely affect the operation of the adjacent public roadway, and is approved by the County Engineer. |
Addition or substantial relocation of an access point as shown on an approved development concept plan. |
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A modification to internal access to outparcels, provided no modification is within 100 feet of any residentially-zoned property. |
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A modification to internal roads, internal bike lanes or sidewalks in residential projects, provided all other County requirements for such facilities are met. |
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2. The measurement of distances in the table above shall include only abutting property, and shall not include any property across a street.
d. Review of Changes
All requests for review of changes to the development concept plan shall include sufficient information to enable the Zoning Administrator to make a determination whether or not one or more of the criteria listed in paragraph c. above are met. A petition for a change to a planned district shall include, at a minimum, the following information:
1. A statement by the applicant which specifies the exact nature of the changes proposed to the development concept plan and whether each of the criteria contained in paragraph c. above apply;
2. A graphic or map indicating the boundaries of the entire planned district; the relationship of the portion of the planned district to be changed to the remainder of the planned district, if the revision does not include the entire planned district, and delineating those areas of the planned district that are currently developed. Areas within the planned district that are under separate ownership than the applicant requesting the change shall also be delineated;
3. A copy of the approved Development Concept Plan;
4. A revised development concept plan showing the proposed changes; and
5. If the proposed change is deemed minor, then the applicant shall submit copies of the revised development concept plan to the Zoning Administrator for distribution to the members of the Development Review Committee.
Deviations from approved development concept plans or failure to comply with any requirement, condition or safeguard imposed by the Board of County Commissioners during the approval or platting procedure shall constitute a violation of these zoning regulations.
No building permit shall be issued for development except in conformity with all provisions of the approved development concept plan and other plans submitted under this Section. No occupancy permit shall be issued until all improvements have been completed, and the final plat of record or site and development plan, as applicable, for the project or approved phase or element of the project has been recorded or approved.
a. A special exception is a use that would not be appropriate generally or without restriction throughout a zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or the general welfare. Such use may be permissible in a zoning district as a special exception if specifically provided in these zoning regulations. However, such uses are not deemed to be appropriate within a zoning district without demonstration by the applicant that the special exception use complies with this Section.
b. In addition, the Board of County Commissioners, in the exercise of its sound discretion, may determine that special exceptions should be limited and controlled as to number, area, location, duration, or relation to the neighborhood, in order to safeguard and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. The Board specifically adopts and endorses the interpretation of these regulations as set forth in Sarasota County v. Purser, 476 So.2d 1359 (Fla. 2d DCA 1985). All petitions for special exceptions shall be considered first by the Planning Commission in the manner herein set out.
c. The Board of County Commissioners may include a condition or stipulation in Special Exceptions approved after October 27, 2003 providing for modification, or revocation of any entertainment use or use in the Historic Preservation Overlay District pursuant to Section 4.10.1.c.2 or 4.10.1.c.3 authorized by special exception. If the Board of County Commissioners finds, after a public hearing wherein the property owner has had due notice in accordance with Section 3.1.10. that any of the stipulations, conditions of the special exception have been violated, then the special exception may be modified or terminated and any uses or activities on the property not specifically permitted by these zoning regulations, or the special exception as modified, shall be deemed unlawful
No petition shall be accepted for a special exception that does not meet the minimum district requirements of Article 6 and any applicable use standards in Section 5.3.
3.16.3. Written Petition
a. A written petition for special exception shall be submitted indicating the Section of these zoning regulations under which the special exception is sought and stating the grounds on which it is requested. Specific reference shall be made to the types of findings which the County Commission must make under Section 3.16.6.a below. The petition shall include information necessary to demonstrate that the grant of special exception will promote the public health, safety and welfare, be in harmony with the general intent and purpose of these zoning regulations, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare.
b. Proof of applicant’s advertised neighborhood workshop in accordance with the Sarasota County Planning Commission’s Rules of Procedure and Processing Guidelines, as may be amended, shall be provided.
c. Where these zoning regulations place additional requirements on specific special exceptions, the petition shall demonstrate that such requirements are met. Where the applicant requests simultaneous rezoning of land as well as grant of special exception for the same parcel of land, both petitions may be processed concurrently in accordance with the procedures set forth in this Section and Section 3.12.
Notice shall be provided as set forth in Section 3.1.10 for both the Planning Commission and Board of County Commissioners public hearings.
The Planning Commission shall hold a public hearing on the special exception petition. Any party may appear personally or by agent or attorney. The staff report on the petition shall be presented prior to the close of the Public Hearing on the petition. The applicant shall have the right, prior to the close of the public hearing, to cross-examine persons presenting testimony, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued and the matter is referred back to staff for further consideration of such matters as the Planning Commission may direct. If referred back to staff, the matter shall be given a date certain for the continued public hearing. All testimony submitted during the public hearing shall be under oath or affirmation.
Before any special exception shall be recommended for approval, the Planning Commission shall make a written report and recommendation that the granting of the special exception will not adversely affect the public interest, health, safety, and general welfare; that the specific requirements in Article 5, Use Regulations governing the individual special exception, if any, have been met by the applicant; and that the provisions of Section 3.16.5.a have been met.
c. Restrictions, Stipulations, Conditions and Safeguards
In recommending approval of any special exception, the Planning Commission may also recommend appropriate restrictions, stipulations, conditions and safeguards in conformity with these zoning regulations. The associated development concept plan shall be considered binding on the applicant and any subsequent owners.
d. Denial
If the Planning Commission shall recommend denial of a special exception, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in Section 3.16.6.a below, or such of them as may be applicable to the recommendation of denial, and the particular regulations relating to the specific special exception requested, if any.
e. Status of Planning Commission Report and Recommendations
The report and recommendations of the Planning Commission required by subsection b above shall be advisory only and shall not be binding upon the Board of County Commissioners.
a. Board of County Commissioners Findings
Before any special exception shall be approved, the Board of County Commissioners shall determine that the granting of the special exception will promote the public interest, health, safety, and general welfare; that the specific requirements in Article 5, Use Regulations governing the individual special exception, if any, have been met by the applicant; and that the following standards, where applicable, have been met:
1. The proposed use must be consistent with the intent, goals, objectives, policies, guiding principles and programs of the Comprehensive Plan;
2. The proposed use must be compatible with the existing land use pattern and designated future uses;
3. There must be adequate public facilities available consistent with the level of service standards adopted in the Comprehensive Plan, and as defined and implemented through the Sarasota County Concurrency Management System Regulations, Chapter 94, Article VII of Exhibit A of the Sarasota County Code;
4. The proposed use, singularly or in combination with other special exceptions, must not be detrimental to the health, safety, morals, order, comfort, convenience, or appearance of the neighborhood or other adjacent uses by reason of any one or more of the following: the number, area, location, height, orientation, intensity or relation to the neighborhood or other adjacent uses;
5. The proposed use must be adequately buffered to effectively separate traffic, visual impact and noise from existing or intended nearby uses;
6. The subject parcel must be adequate in shape and size to accommodate the proposed use;
7. The ingress and egress to the subject parcel and internal circulation must not adversely affect traffic flow, safety or control.
b. Resolution and Record
The decision of the Board of County Commissioners shall be rendered through the adoption of a Resolution within 30 days of the date of the public hearing. The Resolution shall be filed with the Clerk to the Board and a certified copy shall be transmitted by the Clerk to the applicant or the applicant's agent, if one has been specified. In the event the applicant has the proceedings before the Planning Commission or the Board of County Commissioners taken down by a certified court reporter, pursuant to Section 286.0105, Fla. Stat., the Board of County Commissioners may require the filing of the transcript of such proceedings, and the decision of the Board of County Commissioners shall be rendered within 30 days of the filing of the transcript.
3.16.7. Board of County Commissioners Action on Planning Commission Report
a. Upon receipt of the Planning Commission's report and recommendations, the Board of County Commissioners shall hold a public hearing with notice to be given as set out in Section 3.1.10. The reports of the staff and the report and recommendation of the Planning Commission on the petition shall be presented prior to the close of the public hearing on the petition. The applicant shall have the right, prior to the close of the public hearing, to cross-examine persons presenting testimony and respond to any contentions presented by any testimony or other evidence presented during the public hearing. All testimony presented during the public hearing shall be under oath or affirmation.
b. The Board of County Commissioners shall approve, approve with conditions or stipulations, or deny the petition. All stipulations shall be recorded in the deed records of Sarasota County.
c. Violations of restrictions, stipulations, conditions or safeguards contained in a special exception granted by the Board of County Commissioners shall constitute a violation of these zoning regulations and be enforced as set forth in Article 9.
a. Any special exception shall expire 24 months from the date of grant, unless appealed and extended by action of the Board of County Commissioners, except as provided in subsection b. below. If the use for which the special exception was granted has not been commenced by that date, an appeal for extension of time shall show that commencement of the use is being actively pursued by evidence of a petition for a building permit, preliminary plat, or site and development plan, or other evidence satisfactory to the Board of County Commissioners. No extension shall exceed six months. Any special exception shall expire 18 months following the discontinuance of the use which the special exception was granted if the use has not been re-established.
b. Special exceptions granted to any governmental entity shall be exempt from the provisions of subsection a. above, unless a time limitation is made a specific condition of the special exception.
a. Whenever the Board of County Commissioners has taken final action on a petition for the grant of special exception or the rezoning of property, whether approved or denied, the Growth Management Business Center shall not accept any further petition for any special exception on any part of or all of the same property for a period of twelve months from the date of such action, or date of final judicial review or such action, whichever is later.
b. The time limits of subsection a above may be waived by three affirmative votes of the Board of County Commissioners when the Board finds, based on new information or changed conditions, that new action may be warranted to prevent injustice or to assure protection of the public health, safety, and welfare.
a. No structure or use classified as a special exception in the district where the use or structure is located shall be expanded or enlarged except in accordance with a development concept plan approved in conjunction with the granting of the special exception and any conditions and stipulations approved with the special exception.
b. The Zoning Administrator shall review and evaluate the request considering the Comprehensive Plan, these zoning regulations, the Official Zoning Map, and other relevant codes and statutes, consult with the County Attorney or other affected County staff as necessary, and render an interpretation.
c. In reaching a decision as to whether or not proposed changes are to be considered a substantial modification, the Zoning Administrator shall, after reviewing the record of the project, determine if any of the following changes are proposed.
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MINOR MODIFICATION |
SUBSTANTIAL MODIFICATION |
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GENERAL |
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Any change in a stipulation or condition specifically required by the Board of County Commissioners. |
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Any alteration to uses approved in the development concept plan that lie within 100 feet of the boundary of the special exception, or within 100 feet of any part of the special exception that has been constructed or sold to any owner or owners different from the applicant requesting the change, that is not specifically set forth in this table as a minor modification. |
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Any other modifications that affect the area depicted on the development concept plan or the perimeter of the proposed site, that are not specifically set forth in this table as a minor modification. |
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USE |
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Addition of any underlying permitted use in the structure(s) shown on the development concept plan. |
Addition of any underlying permitted use on the site or within a structure not shown on the development concept plan. |
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BUILDING AREA/UNITS |
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A decrease in total residential units or nonresidential square footage. |
Any increase in building height. |
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Slight modification to building configuration not within 100 feet of the boundary of the special exception. |
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An increase of five percent or less in residential units equal to a concurrent reduction in planned areas for parking or stormwater, provided the increase does not occur within 100 feet of the boundary of the special exception. |
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An increase of five percent or less in the amount of nonresidential square footage equal to a concurrent reduction in planned areas for parking or stormwater, provided the increase does not occur within 100 feet of the boundary of the special exception. |
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SITE CHARACTERISTICS |
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A modification of the size and configuration of perimeter stormwater lakes or any internal lakes not within 100 feet of the boundary of the special exception. |
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A decrease in the amount of open space of less than 5 percent, provided the remaining open space is not less than that required in the district, and further provided the land was not designated as conservation or preservation land (including native habitat) on the development concept plan. |
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A modification to off-street parking layout, provided all other County requirements for such facilities are met, provided no modification is within 100 feet of the special exception. |
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ACCESS |
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A modification or addition to the external access points adjacent to nonresidential development or undeveloped residentially-zoned property, provided the applicant demonstrates that the spacing is appropriate, safe, does not adversely affect the operation of the adjacent public roadway, and is approved by the County Engineer. |
Addition or substantial relocation of an access point as shown on an approved development concept plan. |
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A modification to internal bike lanes or sidewalks provided all other County requirements for such facilities are met. |
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d. Proposed changes to uses or structures that are customarily accessory and clearly incidental and subordinate to permissible existing special exception uses and structures, or to permitted uses or structures, shall be construed as minor changes. All other changes shall not be considered minor changes.
e. Where said use or structure is not subject to a special exception development concept plan, the existing use or structure shall not be expanded or enlarged unless a site plan approving the expansion is approved pursuant to the provisions of Section 3.16, except as provided below:
1. Where any special exception has been approved without a development concept plan, the Zoning Administrator shall have the authority to approve minor changes to the existing uses or structures without the necessity of formal approval under the provisions of this Section, provided that the owner has filed a site plan with the Zoning Administrator showing the existing structures and uses. Upon filing, such plan shall be incorporated as part of the special exception approval and shall be binding upon the property.
2. For the purposes of this subsection e, minor changes shall not include any alterations or expansions of uses within 100 feet of the boundary of the special exception approval. Where the special exception was approved for less than an entire property now under unified control, the 100 feet shall be measured from the boundary of the entire property.
3. Any change in a condition specifically required by the Board of County Commissioners as part of the approval of the special exception shall not be considered a minor change, unless no longer applicable.
4. For purposes of this subsection e, proposed changes to uses or structures that are customarily accessory and clearly incidental and subordinate to permissible existing special exception uses and structures, or to permitted uses or structures, shall be construed as minor changes. All other changes shall not be considered minor changes.
5. For transmission towers, see Article II, Chapter 118 of the Sarasota County Code, as may be amended.
6. All changes approved by the Zoning Administrator under this paragraph shall otherwise be in conformance with all current standards provided in these zoning regulations.
a. The Board of County Commissioners may impose reasonable conditions on a special exception for an entertainment use approved after October 27, 2003, including conditions providing for revocation of the special exception where the Board of County Commissioners finds that a stipulation or condition of the special exception has been violated.
b. Where a stipulation or condition, Chapter 54 Article VI of the Sarasota County Code, Noise Pollution, or any provision of these zoning regulations are allegedly violated, a public hearing by the Board of County Commissioners shall be held.
c. At least 20 days prior to a public hearing before the Board of County Commissioners:
1. A notice of violation identifying the condition allegedly violated and the substance of the violation shall be sent to the property owner; and
2. Notice of the public hearing on the alleged violation shall be sent to the owner.
d. The Board of County Commissioners shall have the authority to modify or revoke the entertainment special exception upon a finding by the Board of County Commissioners of a violation of any of the following:
1. A stipulation or condition of the special exception;
2. Chapter 54, Article VI of the Sarasota County Code, Noise Pollution; or
3. Any other violation of this Ordinance.
e. Where an entertainment special exception has been revoked, the special exception use authorized shall thereupon cease to be a lawful use.
3.16.12. Special Exception Uses in the Historic Preservation Incentive Overlay District
Any use or structure which was lawfully approved as a special exception in a district under these zoning regulations or under a prior zoning ordinance shall become a nonconforming special exception if the district regulations are subsequently amended by the Board of County Commissioners so that such use of structure may no longer be approved as a special exception. Nonconforming special exceptions shall be subject to the regulations for nonconforming uses and structures set forth in Article 8, Nonconformities.
a. The Board of County Commissioners may impose reasonable conditions on Historic Preservation Overlay District special exception in accordance with Section 4.10.1.c.2 and 4.10.1.c.3 of these zoning regulations, including conditions providing for revocation of the special exception where the Board of County Commissioners finds that a stipulation or condition of the special exception has been violated.
b. At least 20 days prior to a public hearing before the Board of County Commissioners:
1. A notice of violation identifying the condition allegedly violated and the substance of the violation shall be sent to the property owner; and
2. Notice of the public hearing on the alleged violation shall be sent to the owner.
c. The Board of County Commissioners shall have the authority to modify or revoke the Historic Preservation Incentive Overlay Use special exception upon a finding by the Board of County Commissioner of a violation of any of the following:
1. A stipulation or condition of the special exception; or
2. Any other violation of this Ordinance
d. Where a Historic Preservation Incentive Overlay District use special exception has been revoked, the special exception use authorized shall thereupon cease to be a lawful use. While the special exception use for the Historic Preservation Incentive Overlay District use may be revoked, the property owner is allowed to continue the underlying uses.
3.16.13. Special Exceptions Are Not Nonconforming Uses
Any use or structure which was lawfully approved as a special exception in a district under these zoning regulations or under a prior zoning ordinance shall become a nonconforming special exception if the district regulations are subsequently amended by the Board of County Commissioners so that such use of structure may no longer be approved as a special exception. Nonconforming special exceptions shall be subject to the regulations for nonconforming uses and structures set forth in Article 8, Nonconformities.
3.16.14 Special Exceptions Allowed to Continue
Any use approved as a special exception prior to October 27, 2003 shall be allowed to continue if such use is allowed as a special exception after October 27, 2003. Such uses are not subject to the loss of status by removal or destruction of the buildings. Such uses must continue to comply with the stipulations and conditions of the special exception permit. Nightclubs approved by special exception prior to October 27, 2003 shall be treated as entertainment uses after October 27, 2003.
3.17.1. Purpose
Transfer of development rights is intended as one method of implementing the Sarasota County Comprehensive Plan, by permitting the transfer of development rights from one location to another where the associated development can be more appropriately accommodated. A transferring or sending location meeting the criteria under Section 4.11.2 is designated as an RSZ Residential Sending Zone for a receiving location designated as an RRZ Residential Receiving Zone or a HDRRZ High Density Residential Receiving Zone. A transferring or sending location meeting the criteria under Subsection 4.11.1 is designated as a CSZ Conservation Sending Zone for a receiving location designated as a FURRZ Future Urban Residential Receiving Zone or a FUD Future Urban Development. At the same time that the development rights are transferred from property, a development limitation is placed on the transferring property to control the nature and extent of its subsequent use and development, and the transferring property will be rezoned to reflect the absence of the rights transferred.
3.17.2. Establishment of Sending Zones
The RSZ and CSZ districts are herewith concurrently established as overlay sending zones for the transfer of development rights. The RSZ and CSZ districts when applied designate land from which development rights may be transferred and establish the total number of development rights to be transferred, subject to 3.17.5 and 3.17.6 as provided herein. However, the RSZ and CSZ districts shall not be applied unless such zoning is consistent with and serves to implement the Comprehensive Plan and the land complies with the following criteria:
a. Land designated RSZ shall meet one or more of the following criteria:
1. A platted subdivision which due to the size of the lots, the lack of paved streets or drainage, or other deficiencies fails substantially to conform to the requirements of the Sarasota County Land Development Regulations, in force at the time such zoning is to be applied;
2. Environmentally sensitive areas, including lands identified as having high ecological value, pursuant to Policy 5.5.2 and Figure 2-10, Sites of High Ecological Value, in the Environment Chapter of the Sarasota County Comprehensive Plan;
3. An area which should be retained in agricultural, open space, or other conservation uses;
4. A parcel which contains historical or archaeological significance; or
5. A parcel which is located on a Barrier Island.
b. Land designated CSZ combined with an associated FURRZ, Future Urban Residential Receiving Zone, and/or FUD, Future Urban Development Overlay District, shall comprise a minimum of 500 acres. The delineation of the CSZ shall take into consideration the potential for incorporation into a regional greenway system, shall not be located within a FURRZ or a FUD, and shall meet in its entirety one or more of the following criteria:
1. Is designated on Figure 2-10: Sites of High Ecological Value in the Environment Chapter of the Comprehensive Plan;
2. Is in an Area of Special Flood Hazard, as determined from the Federal Emergency Management Agency's maps or the latest available County approved studies;
3. Is located in a Category 1 or Category 2 storm surge area; and/or
4. Is a watercourse or slough system, along with associated contiguous wetlands and mesic hammock areas, and may include up to a 200-foot wide buffer measured from the landward extent of the contiguous wetland and/or mesic hammock areas or measured from the top of the bank if there are no wetlands or mesic hammock areas.
3.17.3. Establishment of Receiving Zones
The RRZ, FURRZ, FUD, and HDRRZ districts are herewith concurrently established as overlay receiving zones for the transfer of development rights. Where the RRZ, FURRZ, FUD, and HDRRZ districts are applied, land may be used as permitted by the underlying zoning and in addition may be used for single family, two-family, townhouse, cluster housing, or multiple family dwelling at a density which combines that permitted by the underlying zoning and that allowed by any development rights transferable to the land in the RRZ, FURRZ, FUD, or HDRRZ district. The RRZ, FURRZ, FUD, and HDRRZ districts shall not be applied where such zoning would be inconsistent with the Comprehensive Plan. Further, it is not intended that by designating land in the RRZ, FURRZ FUD, or HDRRZ district that rezoning to higher density is appropriate for the land generally or its immediate environs.
3.17.4. Circumstances Under Which Transfer of Development Rights May Be Allowed
The Board of County Commissioners may issue transferable development rights for land designated under the RSZ and CSZ overlay districts and authorize their transfer in accordance with this Section where the Board finds that issuance and transfer of the development rights will serve to implement the Comprehensive Plan. Any development rights issued pursuant to this Section shall not be used on the property from which they derive. The development rights from land designated RSZ may be used on land designated RRZ or HDRRZ. The development rights from land designated CSZ may be used on land designated FURRZ or FUD. The collective number of units approved in the FURRZ and FUD overlay zones within the Future Urban Service Area within the intervals between the adoption of successive Evaluation and Appraisal Reports, prepared pursuant to Section 9J-5.053, Florida Administrative Code, shall not exceed 1,000 dwelling units.
Transferable development rights for Residential Sending Zones shall be issued in dwelling units based upon the amount of dwelling units permitted under the current zoning on the property, taking into consideration any pre-existing plats. Transferable development rights for Conservation Sending Zones shall be issued in dwelling units and shall be calculated as one dwelling unit per acre. A suitable numbering system shall be followed by the County to identify particular development rights issued pursuant to this Section.
In the computation of any transferable development rights under this Section, no transferable development rights shall be computed for any land in a right-of-way or easement which precludes its occupation by dwellings or where, by operation of private restrictions or State or federal law, development of the land is prohibited. Existing structures shall not extinguish underlying development rights in excess of their utilization.
3.17.7. Change of Zoning
Upon issuance of development rights in accordance with this Section, the zoning on the land from which they derive shall be changed to reflect the absence of the rights to be transferred unless the zoning has already been so changed.
 Prior to exercise of the transferable development rights issued pursuant to this Section, the property owner shall grant a conservation easement to Sarasota County pursuant to F.S. §704.06. Such easement shall limit use of the transferring property to agricultural or open space uses and shall prohibit, except as reasonably incidental to agricultural use, the activities and uses cited in F.S. §704.06(1)(a)--(g). The easement may provide, however, upon Board of County Commissioners' approval, for existing uses to continue and for limited development of new uses based upon any residual development rights remaining after the primary development rights have been transferred. Evidence of title satisfactory to an attorney designated by the Board of County Commissioners shall also be provided. Upon the establishment and recording of conservation easements pursuant to this Section, the County shall authorize their release.
3.17.9. Initiation by Property Owner: Approval Procedure
a. Petition
1. A property owner desiring to obtain permission to transfer development rights from a particular property shall file an petition for a RSZ, or CSZ overlay district. Such petition shall be filed with the Growth Management Business Center.
2. The Planning Director shall circulate any petition for review by appropriate County agencies, and upon completion of such review shall forward the petition to the Planning Commission for review.
The Planning Commission shall review the petition, the comments of County agencies, and after notice and hearing as required by Sections 3.1.9 and 3.1.10, shall make findings of fact and recommend the petition to the Board of County Commissioners for approval, approval with modifications or conditions, or denial.
c. Board of County Commissioners Action
The Board of County Commissioners shall review the petition and the findings and recommendation of the Planning Commission, and after notice and hearing as required by Sections 3.1.9 and 3.1.10, shall approve, approve with conditions or stipulations, or deny the petition for a Residential Sending Zone or Conservation Sending Zone. Approval of such petition shall serve as the Transfer Permit. Such approval shall be conditioned upon delivery to the County of an executed grant of easement creating a development limitation pursuant to Section 3.17.8 above, as approved in the petition or as specified by the Board, and recording copies of same together with a copy of the Ordinance approving the RSZ or CSZ overlay district, which will serve as the Transfer Permit in the deed records for Sarasota County. Other reasonable conditions including, but not limited to, rezoning related to the transfer and vacation or change to existing plats may also be included. The total number of development rights approved for transfer shall be specified as a condition of the Ordinance approving the RSZ or CSZ overlay district.
3.17.10. Initiation by the County
In addition to the foregoing procedures for initiation of a transfer of development rights by a property owner, the Board of County Commissioners on its own motion may issue transferable development rights for land designated under the RSZ and CSZ overlay districts. Such rights shall only be issued where the Board finds, after review by the Planning Commission in accordance with paragraph 3.17.9.b above and notice and hearing as required by Sections 3.1.9 and 3.1.10, that issuance and transfer of the development rights will serve to implement the Comprehensive Plan.
3.17.11. Exercise of Rights Granted by Transfer Permit.
a. Who May Exercise Such Rights
Upon issuance of a Transfer Permit by the Board of County Commissioners, the Clerk to the Board shall register the identifying numbers of such rights together with the name and address of the person to whom they are issued. Such rights may be subsequently exercised by the registrant or they may be assigned following registration of the development rights with the Clerk to the Board. In the event of an assignment, the name and address of the assignee must be registered with the Clerk to the Board identifying the rights assigned prior to their exercise by assignee. All assignments shall also be recorded in the deed records for the property for which the Residential Sending Zone or Conservation Sending Zone was approved.
b. Petition for Building Permits
Upon application for preliminary subdivision plan or site and development plan approval where the applicant seeks to utilize development rights authorized by a Residential Sending Zone or Conservation Sending Zone, the applicant shall also submit a copy of the Ordinance which serves as the Transfer Permit, evidence of compliance with the conditions of the Permit's issuance, a copy of any assignment of development rights being relied upon in the petition, and a certification by the Clerk to the Board that the applicant is the current registrant for such rights as shown by the Clerk's records. Upon such submission, the applicant shall be authorized to utilize the development rights transferred in addition to rights allowed under existing zoning on the receiving parcel, subject to the requirements of the RRZ, FURRZ, FUD, or HDRRZ district and the underlying zoning.
c. Extinguishment of Rights
Utilization of particular development rights transferred shall extinguish such rights. The Development Services Business Center shall notify the Clerk within ten days of the issuance of any building permit which utilizes development rights and the total number of development rights extinguished.
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