AGENDA REQUEST. July 21, Consent Agenda No. 2 BY:Neighborhood and Development Services. Timothy Litchet

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1 AGENDA HEADING: Consent Agenda No. 2 BY:Neighborhood and Development Services AGENDA REQUEST COMMISSION MEETING DATE: July 21, 2008 Timothy Litchet General Manager Taylor AGENDA ITEM NO: IV.B.4. Originating Department SUBJECT: Department Head Presenter Adoption Re: Proposed pertaining to Zoning Text Amendment 2008-ZA-03 EXPLANATION: (see next page for additional explanation) On June 11, 2008, the Planning Board conducted a public hearing to receive public testimony and recommended approval of 8 items. On July 7, 2008 the City Commission conducted a public hearing to receive testimony and approved 6 of the 8 items. The items addressing parking standards for bicycles and the separation requirements between bars was removed for further study with stakeholder groups. In addition, the City Commission directed; 1) the criteria for extension of site plans be modified to exempt projects with enforceable development agreements and 2) where appropriate change the department titles to reflect the new table of organization and 3) if possible allow the expiration of school concurrency to match the approval time for other facilities and services. The site plan extension criteria have been modified as directed. A change to department titles involves a significant number of modifications and will be addressed in a future amendment. The approval period for school concurrency is limited to 2 years consistent with an agreement among local governments and was not changed. ADMINISTRATION'S RECOMMENDATION: Staff recommends adoption of the 6 items contained in proposed on second reading. APPROVAL SUMMARY: Approval Department Head Approval Deputy City Manager Approval City Manager Approval City Auditor and Clerk Approval Required Date Completed Y 07/18/2008 Y 07/18/2008 Y 07/18/2008 Y 07/18/2008 Completed By Timothy Litchet VPeter Schneider VPeter Schneider Billy Robinson Status APPROVED APPROVED APPROVED APPROVED

2 ADDITIONAL EXPLANATION: AGENDA REQUEST to proposed Ordinance No consists of a matrix summarizing each of the 6 items, the staff comments/recommendations, public comment, Planning Board recommendations, and specific text changes with proposed additions underlined and deletions struckthrough. ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: SUPPORT DEPARTMENTS: Neighborhood and Development Services - Timothy Litchet $ 0 $ 0 COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 ORDINANCE NO AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA AMENDING THE ZONING CODE (2002 EDITION) OF THE CITY OF SARASOTA BY: AMENDING REGULATIONS REGARDING PROTECTION OF HISTORIC RESOURCES SO AS TO MAKE SEVERAL ERRATA AMENDMENTS AND SO AS TO PROVIDE FOR AUTHORITY TO GRANT LIMITED ADMINISTRATIVE VARIANCES; AMENDING THE MAXIMUM HEIGHT FOR STRUCTURES IN THE COMMERCIAL SHOPPING CENTER (CSC) ZONE DISTRICT FROM 45 FEET TO 50 FEET AND ALLOWING STORE FRONT ENTRANCE/ENTRY ARCHITECTURAL FEATURES UP TO A MAXIMUM HEIGHT OF 65 FEET ALL APPLICABLE SO LONG AS THE STRUCTURE IS SET BACK AT LEAST 100 FEET FROM RESIDENTIALLY ZONED PROPERTY; ALLOWING FOR REVERSE BACK IN PARKING AS AN OPTION IN OFF STREET PARKING AREAS; AMENDING THE DIMENSIONAL PARKING STANDARDS FOR OFF STREET PARKING SPACES; ADDING A PROVISION TO CALCULATE SCHOOL CONCURRENCY AND BY MAKING SEVERAL ERRATA AMENDMENTS TO THE APPLICABLE SCHOOL CONCURRENCY METHODOLOGY; ADDING CRITERIA FOR EXTENSION OF SITE PLAN APPROVALS; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No , which adopted a new Zoning Code for the City of Sarasota [hereinafter the Zoning Code (2002 edition)] was adopted by the City Commission on April 29, 2002; and WHEREAS, The City Manager, by and through the Planning and Redevelopment Department and with approval of the City Commission, has initiated Zoning Text Amendment No. 08-ZTA-03 to make amendments to various sections of the Zoning Code (2002 edition); and WHEREAS, Amendment No. 08-ZTA-03 consists of correction of scrivener s errors throughout the Zoning Code as well as substantive amendments throughout the Zoning Code as described with more particularity herein; and WHEREAS, the Planning Board, acting in its capacity as the Local Planning Agency for the City of Sarasota, has held a duly noticed public hearing on June 11, 2008 in accordance with Article IV, Division 12, of the Zoning Code (2002 edition) to review the proposed Zoning Text Amendments contained herein and has made its recommendation to the City Commission as to which of such amendments satisfy the standards for review set forth in Section IV-1206, Zoning Code (2002 edition); and WHEREAS, the City Commission hereby finds that based upon the foregoing recitals, it is in the best interest of the citizens of the City of Sarasota to amend the Zoning Code (2002 Page 1 of 51

4 edition) as requested by Zoning Text Amendment Application No. 08-ZTA-03 and as approved herein; and WHEREAS, the City Commission has held a duly noticed public hearing on July 7, 2008 to receive public comment, has considered the recommendations of the Planning Board and Planning staff and has found and determined that the adoption of the proposed amendments to the Zoning Code (2002 edition) as set forth herein would promote the public health, safety and welfare and the redevelopment of the City and would thus serve a valid public purpose. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SARASOTA, FLORIDA: Section 1. Findings of Fact: The City Commission hereby finds that the recitations contained in the preamble to this Ordinance as set forth above are true and correct and adopts said recitations as findings of fact. Section 2. Adoption of Text Amendments: The City Commission hereby adopts the amendments to the text of the Zoning Code (2002 edition) which are more fully set forth in, a copy of which is attached hereto and incorporated by reference herein. consists of a package labeled Proposed Zoning Text Amendments, 2008-ZTA-03 consisting of 46 pages which includes a summary table followed by the full text of those sections of the Zoning Code in which the proposed amendments would be codified with modifications shown in black line format by which deletions from existing text are shown by strike-through and additions to existing text shown by underline. Section 3. Severability: It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance be deemed severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or otherwise invalid by the valid judgment of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. 2 Page 2 of 51

5 Section 4. Effective Date: This Ordinance shall take effect immediately upon second reading. Notwithstanding the foregoing, the Zoning Text Amendment adding criteria for extension of site plan approvals shall apply only to site plan applications filed after the effective date of this Ordinance PASSED on first reading by title only, after posting on the bulletin board at City Hall for at least three (3) days prior to first reading, as authorized by Article IV, Section 2, Charter of the City of Sarasota, Florida this 7th day of July, PASSED on second reading and finally adopted this day of, ATTEST: Lou Ann R. Palmer, Mayor City Auditor and Clerk w/mac/pn/ordinances/ zoningtextamd/7/8/08 3 Page 3 of 51

6 PROPOSED ZONING TEXT AMENDMENTS 2008-ZTA-03 The City Commission periodically authorizes consideration of zoning text amendments. 08-ZTA-03 contains 6 items currently authorized. This report consists of a matrix summarizing each of the items, the staff comments/recommendations and the specific text changes with proposed additions underlined and deletions struckthrough. The remaining items will be presented as they are developed. File Number 2008-ZTA-03 City Commission Authorization to Proceed April 16, 2007 (except as noted) Development Review Committee May 21, 2008 Planning Board Public Hearing June 11, 2008 City Commission Public Hearing July 7, 2008 Adoption Date July 21, ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 1 of 46 Page 4 of 51

7 Item Source General Description Staff Comments / Recommendations 1. Planning And Historic Preservation Board 2. Rebecca Gagalis, Westfield LLC 3. Planning Board Protection of Historic Resources. III-404. Officers and Staff. Amends election of officers to be consistent with the City Code section III-Division 9. Building, Zoning and Code Compliance. Provides for additional authority to grant limited administrative variances and makes several errata amendments. IV-Division 6. Variances. Provides for additional authority to grant administrative variances. IV-Division 8. Historic Preservation. Makes several errata amendments. Height Commercial Shopping Centers Table VI-503. Amends the maximum height for structures in the commercial shopping center (CSC) zone district from 45 ft. to 50 ft. Parking Reverse / Back-in Angle Parking VII-203. General parking requirements. Allows for reverse/back-in parking as an option in off-street parking areas. 4. Planning Parking - Dimensional Standards VII-209 Parking Dimensional Standards. Amends the dimensional standards for off street parking spaces. Public Comments Planning Board Recommendation Recommended Support from Chamber Recommended No discussion. Recommended Recommended On February 27, 2008 Planning Board remanded to staff to consider this option. Recommended On February 27, 2008 Planning Board remanded to staff to consider public comments and review standards. Support from Chamber Representatives from Westfield proposed additional height to 65 ft. for entry features. See attached . Support from Chamber Support from Chamber Recommended With additional height for entry features. One member expressed concern about additional height. Recommended No discussion. Recommended No discussion. City Commission Action Adopted A revision to department titles involves a significant number of modifications and will be made in a future cycle to be consistent the new table of organization. Adopted Adopted Adopted 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 2 of 46 Page 5 of 51

8 Item Source General Description Staff Comments / Recommendations 5. Sarasota City Plan School Concurrency Calculation Methodology. Section IV-203. Concurrency Certificate Appendix A. Concurrency Calculation Methodology Adds provision to calculate school concurrency and provides for several errata amendments required by the Sarasota City Plan and changes to Florida Statutes. 6. Site Plan extension Adds criteria for extension of site plan approval. Division 5. outside downtown area Division 19. inside downtown area Recommended Following the Planning Board meeting on June 11, 2008 staff evaluated public comments and reviewed 9J-5 and Ch 163. As a result, much of what was proposed to be stricken from IV- 203 concerning development agreements is now recommended by staff to be retained with a few minor updates. Recommended On February 27, 2008 Planning Board recommended no change to current code. On April 14, 2008 City Commission adopted proposed changes but on April 28, 2008 City Commission remanded the issue back to staff for additional review. The current proposed changes reflect consensus of staff and Mike Furen and Bruce Franklin. Public Comments Support from Chamber but chamber also retention of option to utilize development agreements. Support from Chamber Planning Board Recommendation Recommended No discussion. Recommended No discussion. City Commission Action Adopted The approval time for school concurrency is limited to 2 years consistent with an agreement among local governments. Adopted The criteria for extension of site plans were modified to exempt projects with enforceable development agreements. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 3 of 46 Page 6 of 51

9 Item 1 - Historic Preservation. Provides for administrative variances and makes various errata amendments. Article III Decision Making and Administrative Bodies Division 4. Historic Preservation Board *** *** Errata. Amends election of officers to be consistent with the City Code section Section III-404. Officers and Staff (a) The historic preservation board shall elect from its members a chairman and a vicechairman who shall serve for terms of one (1) year and who shall be eligible for reelection. its chairman and vice-chairman from members who have had prior service on the board. The chairman and vice-chairman shall be elected for a one-year term and may not serve consecutive terms in the same chairmanship position. The chairman shall be responsible for monitoring activities of the board and shall be available to attend scheduled meeting of the city commission to report on the activities and the concerns of the board. (b) The historic preservation board shall be provided with such professional assistance as may be deemed necessary to enable the board to perform the functions assigned to it under these land development regulations. The city manager shall provide a secretary for the board. Division 9. Building, Zoning and Code Enforcement Compliance Department *** Section III-901. Powers and Duties The Building, Zoning and Code Enforcement Compliance Department, shall perform all zoning, building official, and code enforcement compliance functions and shall perform such other functions as may be requested by the City Manager. The Director shall coordinate the review of all applications for development approval reviewed by the Building, Zoning and Code Enforcement Compliance Department. Errata Section III-902. Creation and Appointment The Director of Building, Zoning and Code Enforcement Compliance shall be appointed by and serve at the pleasure of the City Manager. There shall be a certified Building Official who shall perform the duties of a building official as prescribed by Florida Statutes, and who shall be appointed by and serve at the pleasure of the City Manager. Section III-903. Jurisdiction, Authority and Duties In addition to the jurisdiction, authority and duties which may be conferred by other ordinances, the Building, Zoning and Code Enforcement Compliance Department shall have the following jurisdiction, authority and duties: 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 4 Page of 46 7 of 51

10 (1) Act as the enforcing officer of these regulations and make, or cause to be made, periodic inspections of all work authorized by permits issued in accordance with these regulations, issue written notices of violations of these regulations, and take action necessary to ensure compliance with the provisions of these regulations. (2) Review all applications for permits for the construction, enlargement, structural alteration, conversion, or relocation of any use, building, or structure, or any change in a category of use of any building or structure. (3) Unless otherwise specified in these regulations, the Director of Building, Zoning and Code Enforcement Compliance shall issue all permits and approvals required to be issued by this Code, and make and maintain records thereof, and shall perform such other duties as may be assigned by this Code, the City Manager, or the City Commission. (4) Unless otherwise provided in these regulations, the Director of Building, Zoning and Code Enforcement Compliance shall make all determinations and issue all rulings and Errata orders authorized herein or otherwise necessary in the interpretation and enforcement of this Code. (5) Upon written request for an interpretation, the director of building, zoning and code enforcement compliance shall issue written interpretations of the Zoning Code, (except for those regulations relating to Downtown Zone Districts and advisory community design guidelines). The request shall specifically identify the particular provision or regulation for which an interpretation is requested and shall further identify the real property and the proposed development or redevelopment thereon to which the interpretation will be applied. The director of building, zoning and code enforcement compliance shall forward the written interpretation to the person who requested the interpretation with a copy to the office of the city auditor and clerk. The office of the city auditor and clerk shall give written notice to property owners within 500 feet of the property identified in the request for interpretation and to those persons registered in the office of the city auditor and clerk to receive notice of applications for development approval. (6) Review and provide comments to the DRC on all applications for development approval which require review by the DRC. (7) Except as provided in Section III-703 L of this Zoning Code, the Director of Building, Zoning and Code Enforcement Compliance shall be the official signatory for all certificates of concurrency issued in connection with development approvals that only require issuance of a building permit and/or a zoning approval. (8) Review and approve consolidation and boundary adjustment plats. (9) Review and approve, approve with conditions or deny applications for limited administrative variances to certain development standards pertaining to historic resources in accord with IV-601 (a) of the zoning code. *** Provides for limited administrative variances. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 5 Page of 46 8 of 51

11 Article IV Development Review Procedures *** Item 1 - Historic Preservation. Provides for limited administrative variances Division 6. Variances Section IV-601. Purpose and Applicability (a) Limited administrative variances for historic resources. The Director of Building, Zoning, and Code Compliance is hereby authorized to grant limited administrative variances for an historically designated structure or a structure in a designated district which is a contributing structure or contributing with alterations, or for a designated archaeological site. The petition for such a limited administrative variance shall be filed with the city auditor and clerk and need only demonstrate that the grant of the limited administrative variance will be consistent with the general intent and purpose of these regulations and not injurious to the neighborhood or otherwise detrimental to the public welfare. The petition for such a limited administrative variance shall otherwise be exempted from the requirements of Section IV-606(b). Such limited administrative variances are limited to dimensional standards for building setbacks, building coverage, and impervious coverage. All other variances require approval of the Board of Adjustment. However, no limited administrative variance shall be granted by the Director of Building, Zoning and Code Compliance which would result in a reduction of a code requirement or an increase in a code limitation by more than twenty-five percent (25%). For example, a 10-foot minimum setback may be reduced to 7.5 feet or a maximum impervious coverage of 60% may be increased to 75%. If a requested limited administrative variance is not granted by the Director of Building, Zoning, and Code Compliance then the request for limited administrative variance may be made to the Board of Adjustment. Limited administrative variances shall be governed by this subsection and the remaining provisions of this division shall be inapplicable. (b) All other variances. The Board of Adjustment is hereby authorized to grant such variances from the literal terms of these regulations where there are practical difficulties or unnecessary hardships so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. However, the Board of Adjustment shall not be authorized to grant variances from the terms of these regulations that pertain to the matters identified in Section III-301 (2). Section IV-602. Application Requirements In addition to the general application requirements set forth in administrative regulations, an application for a variance shall be accompanied by documentation that establishes how the applicant meets the criteria of Section IV-606. In those cases where the proposed development of property requires additional development approvals as well as a variance(s) to be granted by the Board of Adjustment, an applicant shall file all the petitions simultaneously. However, in such event, the variance 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 6 Page of 46 9 of 51

12 application shall always be acted upon first and shall be conditioned upon final approval of the other applications. (Ord. No ; Sec. 4, ; Ord. No , Sec. 4, ) Section IV-603. Staff Review and Report The Building, Zoning and Code Enforcement Department shall review the application for the variance and may request comments of members of the DRC, and shall prepare a written staff analysis of the issues raised by the application. Section IV-604. Board of Adjustment Review A. A public hearing shall be held by the Board of Adjustment on an application for a variance. B. The Board of Adjustment shall make findings that the criteria of these regulations have or have not been satisfied by the applicant for a variance. C. Action taken by the Board of Adjustment to grant a variance or to grant a variance with conditions or safeguards shall be documented in the form of a resolution containing a legal description of the real property to which the variance applies, together with the terms of the variance, and any additional conditions or safeguards imposed. Such resolutions shall be recorded in the public records of Sarasota County by the City Auditor and Clerk's Office. D. Action taken by the Board of Adjustment to deny a variance shall be documented in the form of a letter of notification issued by the Director of Building, Zoning & Code Enforcement and shall include the findings of fact to support the denial. Section IV-605. Special Master Review A. In the event a petition for a variance is referred to a Special Master for a hearing de novo, under the provisions of Section III-303(D), the Special Master assigned to hear the petition shall conduct a public hearing thereon, and make a final administrative decision based upon the standards for review set forth in Section IV B. The Special Master shall make findings of fact that the criteria of these regulations have or have not been satisfied by the applicant for a variance. C. Action taken by the Special Master to grant a variance or to grant a variance with conditions or safeguards shall be documented in a final order containing a legal description of the real property to which the variance applies, together with the terms of the variance, and any additional conditions or safeguards imposed. The final order shall be recorded in the public records of Sarasota County by the City Auditor and Clerk's Office. D. Action taken by the Special Master to deny a variance shall be documented in a final order executed by the Special Master and served upon the Petitioner. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 7 Page of 4610 of 51

13 Section IV-606. Standards for Review [Sec ] A. Adult Use Establishment or expansion of a use which is not permitted or conditionally permitted by these regulations shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning classification or district or adjoining zoning classifications or districts. B. A variance from the terms of these regulations shall not be granted by the Board of Adjustment unless: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. 2. The special conditions and circumstances do not result from the actions of the applicant. 3. Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these regulations and would cause unnecessary and undue hardship for the applicant. 4. The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure. 5. The granting of the variance will be consistent with the general intent and purpose of these regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. [Section 6-23(c)(1)(s)] C. When a petition for a variance from the provisions of Section VII-1302 pertaining to docks is filed with the Board of Adjustment, the petition for such variance need only demonstrate that the variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure and that the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The petition for such variance shall otherwise be exempted from the requirements of Section IV-606(B). In the discretion of the Board of Adjustment, an environmental impact study prepared by a licensed environmental professional may be required, at the petitioner's expense, for the board's consideration prior to acting upon petition for a variance under this Section. D. Relief From Regulations Applicable to Historically Designated Structure When a petition for a variance is filed with the Board of Adjustment for an historically designated structure or a structure in a designated district which is a contributing structure or contributing with alterations, or for a designated archaeological site, then the petition for such a variance need only demonstrate that the grant of the variance will be consistent with the general intent and purpose of these regulations and not injurious to the neighborhood or 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 8 Page of 4611 of 51

14 otherwise detrimental to the public welfare. The petition for such a variance shall otherwise be exempted from the requirements of Section IV-606(B). (Ord. No , ) E. (Reserved) (Ord. No ; Sec. 4, ; Ord. No , ) F. Variances - Preservation of Trees 1. Variances may be granted by the Board of Adjustment from the terms of this Zoning Code for new construction and improvements to existing structures, in order to encourage the preservation of trees protected by Article VII, Division 3.1 of this Code. It is the intent of this section to permit the applicant to receive a variance equal to the decrease in the buildable area caused by the modification required to the structure to preserve trees protected by Article VII, Division 3.1 of this Code. 2. An application for a variance filed pursuant to the requirements of subparagraph (F)(1) shall demonstrate all of the following three (3) requirements are met: (a) The variance is for the purpose of preserving a tree or trees protected by Article VII, Division 3.1 of this Code; and, (b) The applicant cannot design and locate the proposed structure or infrastructure improvements to preserve the trees and also comply with all provisions of the Zoning Code, without causing the applicant undue hardship; and, (c) Considering the shape and dimensions of the real property, the location of existing structures and infrastructure improvements, and the size, age, health and species of trees sought to be protected, it is not feasible to transplant the trees to another location on the site. 3. The application for such a variance shall otherwise be exempted from the requirements of Section IV-606(B) of this Code. 4. In the discretion of the Board of Adjustment, a certified arborist or a Florida registered landscape architect may be consulted concerning tree preservation issues prior to acting upon an application for a variance under this section. The cost of such a consultation shall be borne by the applicant. The Director of Building, Zoning and Code Enforcement may require payment of an estimated fee for the consultation in advance by the applicant. 5. Upon considering the criteria in Subparagraph 2 above and the purpose of this section, the Board of Adjustment may attach conditions to the granting of a 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 9 Page of 4612 of 51

15 variance as it deems necessary to further the purposes of Article VII, Division 3.1 of this Code. 6. If a variance is granted, the Applicant shall still provide mitigation for any tree removed as required by Sec. VII-322 (replacement trees) and Sec. VII-324, B (Replacement Tree Fund). (Ord. No ; Sec. 4, ) Section IV-607. Appeal of Decision An appeal of a decision of the Board of Adjustment or a Special Master may be made to the Circuit Court for Sarasota County, Florida, by filing a Petition for Writ of Certiorari as provided under the Florida Rules of Appellate Procedure. A decision of the Board of Adjustment in regard to the denial of a variance shall be deemed to have been rendered on the date of a letter prepared by the Secretary to the Board notifying the Petitioner of the decision of the Board of Adjustment. In the event that the Board of Adjustment grants a variance, a decision shall be deemed to have been rendered on the date of adoption of the resolution granting the variance. A decision of a Special Master shall be deemed to have been rendered upon the date of the execution of the final order. Section IV-608. Expiration or Revocation of Approval In granting any variance, the Board of Adjustment or a Special Master may prescribe appropriate conditions and safeguards in conformity with these regulations, including, but not limited to, reasonable time limits within which the action for which variance is required shall be begun or completed or both. Where no time limit is set by action of the Board or Special Master, work for which variance is granted must begin within one (1) year. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations. Prior to the end of the year, if work has not begun, the applicant may request one (1) time extension not to exceed one (1) additional year. The Board or Special Master may approve such request upon determining that the request is warranted under the circumstances. In those cases where proposed development of property for which a variance is sought, requires a site plan approval as well as the granting of a variance(s), the date of expiration of the variance(s) shall coincide with the expiration of the site plan approval for the proposed development. If a site plan is granted a time extension, the variance shall also be extended the same amount of time. *** 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 10 Page of 4613 of 51

16 Item 1. Historic Preservation. Makes various errata amendments. Division 8. Historic Resources, Structures, and Archaeological Sites Designation Section IV-801. Purpose and Applicability It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of structures, sites and districts of historical, architectural or archaeological merit, including archival and artifacts is in the interest of the health, prosperity and welfare of the people of the City of Sarasota. Therefore, this division is intended to: Errata (1) Effect and accomplish the protection, enhancement and perpetuation of structures, sites and districts which represent distinctive elements of the City's cultural, social, economic and architectural history; (2) Safeguard Protect to the maximum extent practicable the City's historical, cultural, archaeological and architectural heritage, as embodied and reflected in such individual artifacts, structures, sites and districts; (3) Protect and enhance the City's attractiveness to residents and to visitors; (4) Strengthen the economy of the community by stabilizing and improving property values in historic districts; (5) Foster civic pride in the accomplishments of the past; and Errata (6) Promote the use of individual structures, sites and districts for the education, pleasure and welfare of the people of the City of Sarasota. Section IV-802. Historic Designation Application Requirements (a) Initiation of Application (1) Proposal by Property Owner. When designation is proposed by the property owner, an application for designation shall be filed in the City Auditor and Clerk's Office on forms approved by the Planning Department. If a property owner withdraws the request for historic designation, after the Historic Preservation Board has recommended the designation, then the historic designation process shall terminate. Any subsequent request by the property owner to historically designate the same property shall proceed in accordance with this Section as if no prior request had been submitted. (2) Proposal by Board. When designation is proposed by a majority vote of the members of the Board, notice of the proposed designation shall be sent by certified mail to the owner of record of the property proposed for designation and to each owner of record of property in a proposed district. The notice shall 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 11 Page of 4614 of 51

17 describe the property proposed for designation and shall announce a public hearing of the Board to consider such designation to be held within thirty (30) days after the mailing of such notice. (3) Objections. Upon notification, any owner or owners of property who object to the proposed designation shall return a notarized statement to the Board certifying that the party is the sole or partial owner of the property and that he objects to the proposed designation. A blank statement of objection shall be mailed to each property owner together with the notice of proposed designation as provided above. The property owner shall be advised that in order to object to the proposed designation the notarized statement of objection must be completed and returned within fifteen (15) days after receipt. (b) In addition to the general application requirements set forth in administrative regulations, an application for a historic designation shall be accompanied by information necessary to demonstrate that the proposed designation is consistent with the criteria of Section IV-806. Section IV-803. Designation Staff Review and Report (a) Historic Structures and Sites, Signs and Archaeological Sites. The Planning Department shall review the application for the designation and shall prepare a written staff analysis of the issues raised by the application which analysis shall Errata contain a statement of the historic or archaeological significance of the structure, site or sign proposed for designation, and shall include photographic documentation of the structure, site or sign. (b) Historic Districts and Archaeological Districts. The Planning Department shall review the application for the designation and shall prepare a written staff analysis of the issues raised by the application which analysis shall contain (1) An explanation of the historical, cultural, architectural or archaeological significance of the district and a statement of the historic significance of the structures within the district. (2) The proposed boundaries for the district and an explanation of a choice of boundaries for the district. (3) A map showing the boundaries of the district. (4) A description of typical architectural styles and types of structures in the district. (5) An identification of all structures within the district and the proposed classification of such structures as contributing, contributing with alterations, 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 12 Page of 4615 of 51

18 or noncontributing with an explanation of the criteria utilized for the proposed classification. (6) Photographic documentation of structures within the district indicating examples of contributing, contributing with alterations or noncontributing structures within the district and buildings outside the boundaries of the district. Section IV-804. Historic Preservation Board Review of Historic Designation (a) Objections to a Historic Designation Errata (1) The Historic Preservation Board shall not act upon a proposed designation of an individual property if the property owner has returned a statement of objection. (2) The Board shall not act upon a proposed district designation if a statement of objection has been received from: a. The owner or owners of a majority of the separate zoning lots in the proposed district, or b. The owner or owners of a majority of the land area in the proposed district. (b) Action by the Board (1) The Board shall conduct a public hearing to review the proposed designation, and shall consider the analysis of the staff and the testimony at the public hearing, and make a recommendation upon the proposed designation. The recommendation shall set forth the Board's findings in regard to whether the proposed designation will satisfy the standards set forth in Section IV-806. The Board's recommendation to designate a historic district shall further classify all structures within the proposed district as contributing, contributing with alterations or noncontributing. The Board may by resolution designate a historic sign. (2) If the Board votes to recommend in favor of the proposed designation, such action shall be forwarded to the City Commission. If the Board votes against the proposed designation, the decision of the Board in this regard shall be final, and the structure, site or sign shall not be designated by the City Commission. The Board shall take final action to either recommend in favor of the proposed designation or to deny the proposed designation within one (1) year after the application for designation is filed, or the application shall be deemed withdrawn. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 13 Page of 4616 of 51

19 Errata Section IV-805. City Commission Review of Historic Designation The City Commission shall, in accordance with the provisions of Section IV-202, review the proposed designation of the structure, site, district or sign, the written staff analysis and the recommendation of the Historic Preservation Board, and shall approve, approve with conditions or deny the designation, after a public hearing. Action taken by the City Commission to approve a historic designation shall be documented in the form of an ordinance. Errata The ordinance providing for the designation of a structure or sign as historically significant shall pertain to the structure or sign and may apply to the site upon which the structure or sign is located. The designation ordinance may contain conditions to ensure the preservation of the setting in which the structure or sign exists, if the setting was a significant consideration in the designation of the structure or sign. The designation ordinance shall be recorded in the chain of title in the public records of Sarasota County. Section IV-806. Designation Standards for Review [Sec. 5-14] The criteria to be applied by the Historic Preservation Board and the City Commission in the designation of a structure, district, site or sign as historically or archaeologically significant, shall be as follows: (1) Historic Structures or Sites. A structure or site is of historic significance if it possesses integrity of location, design, setting, materials, workmanship and association, and if it: a. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; or b. Is associated with events which have made a significant contribution to the broad patterns of our local, state or national history; or c. Is associated with the life of a person who has played a significant role in our local, state or national history; or d. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction; or e. Represents the work of a designer or builder whose work has been generally acknowledged; or f. Is a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or association has survived. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 14 Page of 4617 of 51

20 (2) Historic Districts. A district is of historic significance when it possesses integrity of location, design, setting, materials, workmanship and association, and if it: a. Represents a significant entity whose components may lack individual distinction; or b. Represents a geographically defined area which contains structures, sites, objects, and spaces linked historically through location, design, setting, materials, workmanship, feeling and association; or c. Represents a geographically defined entity whose individual structural components collectively convey a sense of time and place in history (which may relate to one (1) or more periods in history). (3) Archaeological Sites and Districts. A site or district is of archaeological significance, and if it: a. Has yielded or is likely to yield significant information relating to prehistory or history; or b. Contains any subsurface remains of historical or archaeological importance or any unusual ground formations of archaeological significance. (4) Historic Signs. Any sign, regardless of its age, which satisfies one (1) or more of the following criteria: a. The sign is significant to the history of the City of Sarasota, including, but not limited to, the character of the City as a seaside community, tourist attraction, or cultural center; or b. The sign is unique, notably aesthetic, or creative so as to make a significant contribution as a work of art; or c. The sign merits recognition as an important example of technology, craftsmanship, materials or design of the period in which it was constructed and may not longer be economically feasible to produce or manufacture the sign today; or d. The sign is incorporated into the architecture of a building, so as to be essential to the integrity of the building. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 15 Page of 4618 of 51

21 Section IV-807. Appeals of Decision An appeal of the decision of the City Commission to grant or deny a historic designation may be made to the Circuit Court for Sarasota County, Florida by filing a Petition for Writ of Certiorari as provided under the Florida Rules of Appellate Procedure. Section IV-808. Changes to Structures with Historic Designation/Certificate of Appropriateness (a) Building Permits (1) After a structure or site has been historically designated, the Director of Building, Zoning and Code Compliance shall refer all completed applications for building permits which affect the exterior of the structure or the site to the Historic Preservation Board for review and decision by the Board. Applications for building permits for interior renovations shall be referred to the Historic Preservation Board only if the designation ordinance so specifies. (2) After designation of an historic district, the Director of Building, Zoning and Code Compliance shall refer all completed applications for building permits for new construction and for permits to modify structures classified as contributing or as contributing with alterations to the Board for review and decision by the Board. (3) After a site or district has been archaeologically designated, the Director of Building, Zoning and Code Compliance shall refer all completed applications for construction, development or excavation within the site or district to the Board for review and decision by the Board. (4) After the Board has recommended historic designation of a structure or site and prior to the City Commission voting on the designation, the Director of Building, Zoning and Code Compliance shall refer all completed applications for building permits that modify the structure to the Board for review and decision by the Board. (5) Except for applications for building permits for minor work the Historic Preservation Board shall conduct a public hearing on the application. However the requirements of Section IV-202 (pertaining to notice and hearing) shall not apply. Notice of Hearing shall be provided by posting a copy of the notice on the bulletin board at City Hall for at least three (3) workdays prior to the hearing. The Historic Preservation Board shall grant, grant with conditions, or deny the certificate of appropriateness for a building permit, subject to appeal under Section IV-810 to the City Commission. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 16 Page of 4619 of 51

22 (6) The Historic Preservation Board shall adopt rules that provide for the referral to and approval of applications for Certificates of Appropriateness for minor work by the Planning Director, subject to appeal to the Historic Preservation Board. Minor work shall be defined by the Historic Preservation Board and may include, but not necessarily be limited to: fences, driveways, patios, decks, replacement of windows and doors of the same dimensions, and roof replacements that do not change the structure of the roof. (7) An owner of a structure or site shall be exempt from the requirements of this section, if; a. the owner has appeared before the City of Sarasota Historic Preservation Board for plan review and written comment which shall be transmitted to the Sarasota County Historic Preservation Board, and b. thereafter, the owner has received a determination of eligibility for an ad valorem exemption by the Sarasota County Historic Preservation Board, pursuant to Sarasota County Ordinance , as amended, for the value of the improvements for which work is to be performed under a building permit. (b) Demolition Permits (1) After a structure or site has been historically designated, the Director of Building, Zoning and Code Compliance shall refer all completed applications for demolition permits affecting the designated structure site to the Board for review and decision by the Board. (2) After designation of an historic district, the Director of Building, Zoning and Code Compliance shall refer all completed applications for demolition permits affecting contributing structures or structures which are contributing with alterations in the district to the Board for review and decision by the Board. (3) After a site or district has been archaeologically designated, the Director of Building, Zoning and Code Compliance shall refer all completed applications for demolition of structures on the site or within the district to the Board for review and decision by the Board. (4) The Board may grant or deny certificates of appropriateness for demolition permits with or without conditions or may grant a certificate of appropriateness conditioned upon a stay of demolition for up to one (1) year. (5) The Historic Preservation Board shall conduct a public hearing on the application in accordance with the requirements of Section IV-202 (pertaining to notice and hearing). The Historic Preservation Board shall grant, grant with conditions, or deny the certificate of appropriateness for a demolition permit, subject to appeal under Section IV-810 to the City Commission. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 17 Page of 4620 of 51

23 (c) Permits for Moving of Buildings (1) After a structure or site has been designated as historically significant, the Director of Building, Zoning and Code Compliance shall refer all completed applications for moving permits affecting the structure or site to the Board for review and decision by the Board. (2) After a historic or archaeological district has been designated, the Director of Building, Zoning and Code Compliance shall refer all completed applications for permits to move any structures in to, out of, or within the boundaries of the district to the Board for review and decision by the Board. (3) After an archaeological site has been designated, the Director of Building, Zoning and Code Compliance shall refer all completed applications for a moving permit for moving of structures on to or off of the site to the Board for review and decision by the Board. (4) The Historic Preservation Board shall conduct a public hearing on the application in accordance with the requirements of Section IV-202 (pertaining to notice and hearing). The Historic Preservation Board shall grant, grant with conditions, or deny the certificate of appropriateness for a moving permit, subject to appeal under Section IV-810 to the City Commission. (5) Approval of the Board of Adjustment shall not be required for moving any structure that is required to have a certificate of appropriateness prior to moving in accordance with this Section. (d) Sign Permits (1) After a sign has been historically designated, the Director of Building, Zoning and Code Compliance shall refer all completed applications for sign permits, to the Board for review and approval or denial. (2) The Historic Preservation Board shall conduct a public hearing on the application in accordance with the requirements of Section IV-202 (pertaining to notice and hearing). The Historic Preservation Board shall grant, grant with conditions, or deny the certificate of appropriateness for a sign permit, subject to appeal under Section IV-810 to the City Commission. Section IV-809. Criteria for Issuance of Certificates of Appropriateness (a) Building Permits. When passing upon a certificate of appropriateness for the issuance of a building permit, the Historic Preservation Board shall consider the criteria listed in the U.S. Secretary of the Interior's Standards for Rehabilitation at 36 Code of Federal Regulations, part 68 which are hereby adopted by reference as though fully set forth herein. Copies of the Secretary of the Interior's Standards shall be kept on file in the Planning Department. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 18 Page of 4621 of 51

24 (b) Demolition Permits. When passing upon a certificate of appropriateness for the issuance of a demolition permit, the Board shall consider the following criteria: (1) The historic or architectural significance of the building or structure; (2) The importance of the building or structure to the ambiance of a district, if applicable; (3) The difficulty or impossibility of reproducing such a building or structure because of its design, texture, material, detail or unique location; (4) Whether the building or structure is one of the last remaining examples of its kind in the neighborhood or in the City; (5) The future utilization of the site; (6) Whether the applicant has demonstrated that reasonable measures can be taken to save or relocate the building or structure; and (7) Whether the building or structure is capable of earning a reasonable economic return on its value and whether the perpetuation of the building or structure, considering its physical condition, its location and the anticipated expense of rehabilitation would be economically feasible. (c) Moving Permits. When passing upon a certificate of appropriateness for the issuance of a moving permit, the Board shall consider the following criteria: (1) The historic character and aesthetic interest the building or structure contributes to its present setting; (2) The reasons for the proposed move; (3) The proposed new setting and general environment of the proposed new setting; (4) Whether the building or structure can be moved without significant damage to its physical integrity; (5) Whether the proposed relocation site is compatible with the historical and architectural character of the building or structure; and (6) When applicable, the effect of the move on the distinctive historical and visual character of a designated historic district. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 19 Page of 4622 of 51

25 (d) Sign Permits. When passing upon a certificate of appropriateness for the issuance of a sign permit, the Board shall consider the following criteria: (1) Whether the work described in the sign permit can be performed without materially altering the historic style, design, scale, height, type of material or dimensions of the historic sign; and (2) Whether the work described in the sign permit is necessary to maintain the structural integrity of the historic sign. Section IV-810. Appeals to City Commission Any aggrieved person by the decision of the Historic Preservation Board to grant or deny a certificate of appropriateness may appeal such action to the City Commission within thirty (30) days by filing a written notice of appeal with the City Auditor and Clerk's Office. The City Auditor and Clerk's Office shall schedule a public hearing before the City Commission at which the appeal shall be heard. The City Commission may affirm, reverse or modify the action of the Board to grant or deny a certificate of appropriateness upon the affirmative vote of at least three (3) commissioners. Section IV-811. Removal of Designation (a) Structures, sites, signs and districts shall remain designated as historically or archaeologically significant unless such designation is removed by subsequent ordinance of the City Commission, or in the case of signs, by resolution of the Historic Preservation Board. (b) The historic or archaeological designation may be removed from a structure, site or sign provided that: (1) The subject property or sign no longer meets the applicable criteria for designation; (2) Additional information indicates that the subject property or sign does not meet the applicable criteria for designation; (3) An error in professional judgment was made in the staff recommendation for designation of the subject property or sign; (4) A procedural error occurred in the original designation process; or (5) It has been determined by the City Commission that the property owner has violated a term or condition of a certificate of appropriateness, or of a conditional use approval pertaining to the designated property or sign. (c) Applications for removal of historic or archeological designation may be filed with the City Auditor and Clerk on a form approved by the Planning Department. If a property owner withdraws the request for removal at any time prior to the 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 20 Page of 4623 of 51

26 City Commission adopting on second reading the ordinance removing the designation, then the removal process shall terminate. The process for reviewing applications for removal of designation shall include: (1) Analysis of the application by the Planning Department regarding criteria listed in Section IV 811(B). (2) Review by the Historic Preservation Board. The Board shall conduct a public hearing to review the proposed designation, and shall consider the analysis of the staff and the testimony at the public hearing, and make a recommendation upon the proposal to remove designation. The Board s recommendation to remove designation or deny removal of designation shall set forth the Board s findings in regard to whether the proposal to remove designation will satisfy the standards set forth in Section IV-811,B. The Board s recommendation shall be forwarded to the City Commission. (3) Review by the City Commission. The City Commission shall, in accordance with the provisions of Section IV-202, review the proposal to remove designation, the written staff analysis and the recommendation the Historic Preservation Board, and shall approve or deny the removal of designation, after a public hearing. Action taken by the City Commission to remove designation shall be documented in the form of an ordinance. Section IV-812. Nondesignated Residential Structures [Sec ] Structures listed on the Florida Master Site File of Historic Places which are to be used for residential purposes only may be exempt from the provisions of Article V of these regulations, provided that the proposed repair or rehabilitation is approved by the Historic Preservation Board. The Director of Building, Zoning and Code Compliance Enforcement shall have reviewed and approved all applications for building permits, before forwarding same to the board for review, pursuant to this Section. Section IV-813. Relief From Certain Building Code Regulations Historically designated structures and structures which are located in a designated historical district and which have been classified as contributing or contributing with alterations shall qualify for the exemption accorded to special historic buildings under Section of the City of Sarasota Building Code (Standard Building Code, 1994 edition), as may be amended, provided that the building meets all other requirements of that Section to the satisfaction of the Director of Building, Zoning and Code Compliance. This exemption shall be applied only to structures described in this Section. Section IV-814. Major Conditional Use Approval for Uses of Historic Structures Owners of locally designated historic structures and owners of structures classified as contributing or contributing with alterations in a locally designated historic district may petition the planning board for a major conditional use for any type of use which would serve to perpetuate the viable contemporary utilization of the historic structure, regardless of whether such use is permitted by a conditional use permit in the zone district in which 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 21 Page of 4624 of 51

27 the historic structure is located. The procedure for issuance of the conditional use approval shall be the same as that set forth in Section IV-906 of these regulations. In addition, the property owner shall be required to prove to the satisfaction of the City Commission and Planning Board that it is not economically feasible to utilize the historic structure for any uses allowed in the underlying zone district and will adequately provide for each of the criteria enumerated in Section 906 to the extent applicable. Section IV-815. RESERVED Section IV-816. Relief Contingent Upon Designation Nothing herein shall be construed to prevent a property owner from filing a petition under Sections IV-814 and 815 of this article at the same time as a petition for designation and having both matters proceed simultaneously. The Director of Building, Zoning and Code Compliance and Board of Adjustment and Planning Board shall be authorized to act upon the petition filed under Sections IV-814 and 815 prior to final designation of the subject structure, district or site; provided that approval of any such petition shall be made contingent upon the final designation of the structure, district or site, as historically or archaeologically significance by ordinance of the City Commission. Section IV-817. Demolition Stay -- Florida Master Site File Structures Permits to demolish structures that are on the Florida Master Site File shall not be issued until the expiration of forty-five (45) days from the date of the permit application. The purpose of this restriction shall be to allow adequate time to determine if there are any viable alternatives to demolition of the structure. Upon the filing of an application to demolish a structure that is on the Florida Master Site File, the Building, Zoning Code Compliance Department shall immediately notify the secretary of the Historic Preservation Board. The staff of the Planning Department shall be permitted access to the premises and to the subject structure during the forty-five-day period at reasonable times and by appointment with the owner or proprietor for the purpose of showing the structure to individuals who may be interested in restoring and/or relocating the structure. A structure that is on the Florida Master Site File may be demolished prior to the expiration of forty-five (45) days from the date of the demolition permit application upon the majority vote of the historic preservation board. In addition, the Planning Director has the option to authorize demolition of any structure on the Florida Master Site File, which is not eligible for either local or national designation, prior to the expiration of forty-five (45) days from the date of the demolition permit application. Section IV-818. Demolition by Neglect In the event the Historic Preservation Board determines that a historically designated structure, historically designated sign, or a structure within a designated district which is contributing, or contributing with alterations, is in the course of being 'demolished by neglect,' the Board shall notify the owner of record of such preliminary findings, stating Errata the reasons therefore, and shall give the owner of record thirty (30) days from the date of such notice in which to commence work rectifying the evidence of neglect cited by the Board. Such notice shall be accomplished by certified mailing to the last known address of the owner of record or, in the event that this procedure is unsuccessful, then by 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 22 Page of 4625 of 51

28 attaching such notice to the structure for a seven-day period. Upon the failure of the owner of record to commence work within thirty (30) days of such notice, the Historic Preservation Board shall notify the owner of record in the manner provided above to appear at the next meeting of the Board. The Board shall cause to be presented at such meeting the reasons for the notice and the owner of record shall have the right to present any rebuttal thereto. If thereafter the Historic Preservation Board shall determine that the structure or sign is being 'demolished by neglect', such condition shall constitute a violation of the Zoning Code (1998). Section IV-819. Ordinary Maintenance Nothing in this Division shall be construed to prevent the ordinary maintenance or repair of any exterior feature of any historic structure or historic sign which does not involve a change in material, design or outer appearance thereof. Section IV-820. Danger to Life, Health or Property Nothing in this Division shall prevent the alteration, construction, reconstruction, repair or demolition of a designated structure or designated sign on an emergency basis when the Director of Building, Zoning and Code Compliance certifies in writing that such work is necessary for the purpose of correcting conditions determined to be dangerous to life, health or property. Section IV-821. Revocation of Certificates of Appropriateness In any cases where work has commenced which requires a certificate of appropriateness under the terms of this Division, and where no such certificate has been obtained, a stopwork order shall be issued by the Director of Building, Zoning and Code Compliance. The stop-work order shall be issued to the property owner, the occupant, or any person, company or corporation commencing work or preparation for work in violation of this Division. The stop-work order shall remain in full force and effect until a certificate of appropriateness has been obtained. The Historic Preservation Board may revoke or suspend a certificate of appropriateness upon a determination that a project for which a certificate has been previously granted has violated one (1) or more conditions of its approval Such determination shall be made at a regular or special meeting of the Board. In the event that the project has been completed, the Historic Preservation Board may recommend to the City Commission that the historic designation of the structure or sign should be revoked by ordinance. *** 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 23 Page of 4626 of 51

29 Article VI Zone Districts Division 5. *** Commercial Zone Districts Table VI-503 Development Standards in the Commercial Zones Standard CND CSD CRD CGD CSC Maximum Density (dwelling units / acre) See Sect. VI-503 (B) none none Hotel / Motel (guest units / acre) See Sect VI-503 (C) none none Maximum FAR See Sect. VI-503 (C) Minimum Zoning Lot Size none none none none 5 acres Maximum Height See Sect. VI-503(E) 28 ft. 35 ft. 35 ft. (1) 45 ft. (2) 45 ft. (6) Building Setbacks: See Sect. VI-503(F) - Min. front 0 / 5 ft. (3) 0 / 5 ft. (3) 5 / 10 ft. (4) 5 / 10 ft. (4) 50 ft. - Max. front 15 ft. 15 ft. 15 / 20 ft.(4) none none - Min. side 0 / 15 ft. (5) 0 / 15 ft. (5) 0 / 15 ft. (5) 0 / 15 ft. (5) 50 ft. - Min. rear 0 / 15 ft. (5) 0 / 15 ft. (5) 0 / 15 ft. (5) 0 / 15 ft. (5) 50 ft. Item 2. *** *** Table VI-503 Notes: (1) The maximum height may be increased if allowed by the residential height bonus regulations of VI-503(L) (2) There is no height limit for Aviation Control Towers and Major Event Entertainment Uses. However, these uses are subject to major conditional use approval. (3) The larger setback requirement applies to the ground floor of buildings fronting on arterial and higher classified streets. The setback for upper stories may be the smaller setback requirement. (4) The larger setback requirement applies to structures fronting on arterial and higher classified streets. (5) The larger setback is required for zoning lots abutting residentially zoned property. (6) The maximum height may be increased to 50 ft. for structures or portions of structures which are setback 100 ft or greater from residentially zoned property. In addition, storefront entrance/entry architectural features for such structures or portions of structures which are setback 100 ft. or greater from residentially zoned property may be allowed up to a maximum height of 65 ft. Item 2. - Height in Commercial Shopping Center (CSC) zone. Provides for an increase in height for structures in the commercial shopping center (CSC) zone district. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 24 Page of 4627 of 51

30 Division 2. Off-Street Parking and Loading Section VII-201. Purpose and Intent ARTICLE VII Regulations of General Applicability *** It is the intent and purpose of these regulations to provide accessible, attractive, secure, properly lighted, well -maintained and screened off-street parking facilities for the citizens and the visitors of the City of Sarasota. These regulations are also intended to reduce traffic congestion and hazards and to assure the maneuverability of emergency vehicles by requiring the adequate, appropriately designed and well placed provision of off-street parking and loading in proportion to the needs generated by varying types of land use. The requirements for adequate, appropriately designed and well placed parking and off-street loading are intended to protect neighborhoods from the effects of vehicular noise and traffic generated by adjacent nonresidential land use districts. Section VII-202. Applicability and Scope (a) (b) (c) Applicability. Except for one and two family dwellings, every use hereafter instituted, and every structure hereafter erected or enlarged, shall have permanently maintained offstreet parking areas pursuant to the provisions set out in this Division. Where an existing use has fewer parking spaces than the number of parking spaces that would be required by this Division, and the existing use is increased in density or intensity, additional parking spaces shall only need to be provided pursuant to this Division for the increased units, square footage or intensity of the use. Compliance with regulations generally. Wherever in any zoning district, off-street facilities are provided for the parking or display of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or pieces of equipment are self-propelled or not, such off-street facilities and all land upon which vehicles traverse the property as a function of the property use, including "drive-in" facilities, shall conform to the minimum requirements of these regulations. Where, on January 1, 1975 a use exists whose parking, for any reason whatsoever, is less than that which was required by the zoning code in effect at the time a building permit was issued for the structure(s) thereon, such parking shall be deemed a lawfully existing characteristic of use and shall be deemed to be in conformity with these regulations and shall be allowed to continue. However, any expansion of the use shall comply with Subsection (a) and (b) above. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 25 Page of 4628 of 51

31 Errata Section VII-203. General Parking Requirements All required parking, except as noted below, shall be provided in accordance with the following general requirements: (1) No building or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this Division. (2) In stadiums, sports arenas, houses of worship and other places of public assembly in which occupants utilize benches, pews or similar seating arrangements, each eighteen (18) lineal inches of such seating facilities shall be counted as one (1) seat. (3) Requirements for uses not listed herein shall be determined by the Director of Building, Zoning and Code Enforcement based upon the requirements for similar uses and the traffic characteristics of the use. (4) Required off-street parking areas shall not be used for sales, dead storage, repair, dismantling or servicing of any type or kind, nor shall areas devoted to such activities count toward meeting off-street parking requirements. (5) Except as provided in Section VII-206 (10) required off-street parking areas for five (5) or more automobiles shall have individual spaces that are designed, maintained and regulated so that no parking or maneuvering incidental to parking shall be on any public street or sidewalk and so that any automobile may be parked and unparked without moving another automobile. (6) Except as provided in Section VII-208, all off street parking areas shall be surfaced with asphalt, bituminous or concrete material, clay brick or concrete paving units, and maintained in a smooth, well-graded condition. (7) Lighting shall be so designed and arranged that light is directed away from any adjoining property used or zoned for residential purposes and so designed and arranged as to shield public roadways and all other adjacent properties from direct glare or hazardous interference of any kind. (8) Be arranged for the convenient access and safety of pedestrians and vehicles. (9) Be so arranged that no vehicle shall be required to back from such facilities directly onto public streets. (10) Have curbs, motor vehicle stops or similar devices so as to prevent vehicles from overhanging on or into public rights-of-way or adjacent property. Except, no such devices shall be required for off-street parking facilities if surfaced with grass or grass pavers. (11) Parking garages and structures shall be required to reduce the visual impact of vehicles located within. Screening requirements are imposed to control adverse impacts on abutting and adjacent land uses. 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 26 Page of 4629 of 51

32 a. Parking spaces contained within a parking garage or structure shall be screened from view from abutting streets by structural material of not less than 50% opacity. Expanses longer than 25 feet or higher than three and one-half feet shall be architecturally designed (e.g. vertical or horizontal changes in wall plane, landscaped or raised planters, decorative view ports, wrought iron grillwork or decorative masonry patterns). b. Parking spaces contained within a parking garage or structure shall be screened from view from adjacent residentially zoned property by structural material of not less than 75% opacity. (12) Reverse / Back-in angle parking is permitted in off-street parking areas. Item 3 Allows for alternative parking option. Item 3 - New Graphics 08-ZTA-03 (6 items), July 21, 2008 DRAFT for City Commission page 27 Page of 4630 of 51