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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 |
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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 |
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Text Amendment |
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X |
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Map Amendment |
X |
X |
X |
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Special Exception |
X |
X |
X |
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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 |