ARTICLE 1. GENERAL PROVISIONS Title. (a) This Chapter is known as the (). References to "County Code", Zoning Regulations, Land Development Regulations or "" shall be interpreted as references to the Sarasota County, the Official Zoning Map, and any Rezoning or Special Exception stipulations adopted in accordance with this. Where any development approval, enforcement order, or other document issued under authority of the predecessor Zoning Regulations, predecessor Land Development Regulations, or other predecessor code referred to that predecessor code, it shall be construed as referring to the successor portions of this. Sarasota County Official Zoning Map. (a) Generally. The Official Zoning Map, also known as the Zoning Atlas, adopted by Ordinance No. 2010 056 on October 26, 2010, together with all of the explanatory material shown in the Map, is declared to be a part of this. (1) The Sarasota County Zoning Map, and any amendments thereto, shall be maintained in the office of the County Clerk. Each Map sheet or supplemental element thereto shall be authenticated by the signature of the Chair of the Board of County Commissioners, attested by the signature of the Sarasota County Clerk, and shall bear the seal of the County of Sarasota under the following words: "This is to certify that this is page of the Official Zoning Map referred to and adopted by reference by Ordinance No. of the County of Sarasota, Florida, adopted / /, 20. (2) The boundaries of each district shall be shown on the Official Zoning Map and the district symbol as set out below shall be used to designate each district. (3) A digital map created through the use of geographic information system (GIS) may be used in the administration and enforcement of this, but shall not replace the original of the Official Zoning Map. (b) District Boundary Changes or Amendments. If, in accordance with the provisions of this and applicable provisions of Florida law, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered promptly on the Official Zoning Map after the amendment has been approved by the Board of County Commissioners, with an entry on the appropriate page of the Official Zoning Map as follows: Section 124 1 Title. Page 3 of 1165
"On / /, by Ordinance No. of the County of Sarasota, the Official Zoning Map was changed as shown on this page." The preceding entry shall be attested by the County Clerk. No amendment to this which involves matter portrayed in the Official Zoning Map shall become effective until such change and entry has been made on the Official Zoning Map in the manner herein set out; such change shall be made within 30 days after the date of adoption of the amendment. (c) Unauthorized Changes Prohibited. No changes of any nature shall be made in the Official Zoning Map or any matter shown thereon except in conformity with the procedures set out in this. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this and punishable as provided by Article 16 of this. (d) Final Authority as to Zoning. Regardless of the existence of purported copies of all or part of the Official Zoning Map, which may from time to time be made or published, the Official Zoning Map, and any subsequent amendments thereto, which shall be located in the office of County Clerk, shall be the final authority as to the current zoning status of all lands and waters under the jurisdiction of this. (e) Retention of Earlier Zoning Maps or Atlases. All zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for the County of Sarasota prior to the date of adoption of this shall be retained as a public record and as a guide to the zoning status of lands and waters prior to such date. (f) Amendments to Official Zoning Map. If the Official Zoning Map, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, or if a scrivener's error has been made in the Official Zoning Map, or any page or portion thereof, the Board of County Commissioners may by resolution amend the Official Zoning Map, or any page or pages thereof, which shall supersede the prior Official Zoning Map, or page or pages thereof. The amended Official Zoning Map, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Map, or page or pages thereof. (1) The amended Official Zoning Map, or page or portion thereof, shall be authenticated as for the original, with wording to the following effect: "This is to certify that this Official Zoning Map (or page or pages thereof) replaced the Official Zoning Map (or page or pages thereof) adopted / /, as part of Ordinance No. of the County of Sarasota, Florida." (2) Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior Map or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. Section 124 2 Sarasota County Official Zoning Map. Page 4 of 1165
(g) District Boundaries. Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the Official Zoning Map indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line. (h) Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: (1) Boundaries indicated as approximately following the centerlines of dedicated streets, highways, alleys, or rights of way shall be construed as following such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. (2) Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right of way and the zoning status of the street, highway, alley, or right of way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right of way. In the event of street vacation, interpretation shall be as provided in subsection (1) above. (3) Boundaries indicated as approximately following City limits shall be construed as following such City limits. (4) Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks. (5) Boundaries indicated as following mean high water lines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such mean high water lines or centerlines. In case of a change in mean high water line, or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where such moving would change the zoning status of a lot or parcel; and in such case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. (6) Boundaries indicated as entering any body of water but not continuing to intersection with other zoning boundaries or with the limits of jurisdiction of the County of Sarasota shall be construed as extending in the direction in which they enter the body of water to intersect with other zoning boundaries or with the limits of County jurisdiction. (7) Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (6) above shall be construed as being parallel to or extensions of such feature. Section 124 2 Sarasota County Official Zoning Map. Page 5 of 1165
(8) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map on the page of the Atlas showing the property in question. (i) Additional Conditions. In those instances, not previously covered in Section 124 2(h), or where the property or street layout existing on the ground is in conflict with that shown on the Official Zoning Map, the Administrator shall interpret the Official Zoning Map in accord with the intent and purpose of this. Appeal from the interpretation of the Administrator shall be only to the Board of Zoning Appeals in conformity with Section 124 47, Administrative Appeal. Effective Date. Ordinance No. 2018 047, adopted on November 27, 2018, establishing the, shall have an effective date of January 1, 2019. Authority. (a) This Chapter is adopted under authority of the constitution and laws of the State of Florida, including particularly Article VIII, 1(g), Florida Constitution; Section 125, Florida Statutes; Chapter 162, Florida Statutes, relating to County or Municipal Code Enforcement and Chapter 163, Part II, 163.3171, Florida Statutes, and pursuant to the provisions of the Charter of Sarasota County, Florida. Jurisdiction. (a) This shall apply to all areas of land and water in the unincorporated areas of Sarasota County. In addition, the requirements for Right of Way Use Permits shall apply within municipalities for all activities taking place in rights of way of the County roadway system, or other rights of way owned or maintained by Sarasota County. All structures and land uses constructed or commenced after the effective date and all enlargements of, additions to, changes in and relocations of existing structures and characteristics of uses occurring after the effective date, shall be subject to this. Meaning of Text and Graphics. (a) Certain terms, phrases, words and their variants within this may be found in Article 17, Definitions. (b) The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures whether by printing or other form or method of writing. Section 124 3 Effective Date. Page 6 of 1165
(c) In case of any difference of meaning or implication between the text of this and any figure, the text shall control. (d) The word "shall" or must is always mandatory and not discretionary; the word "may" is permissive. (e) Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. (f) A word importing the singular number may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. (g) Words used in the past or present tense include the future as well as the past or present. (h) Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and," "or," "either... or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. (3) "Either... or" indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. (i) Where any provision of the refers to another provision, code or other authority or document, it shall be construed as referring to the most current version of that provision, code, authority, or document, including any amendments, unless the reference specifically indicates otherwise, such as to a particular version or date. (j) Any reference to day or days regarding timelines shall mean calendar days unless otherwise specified. Where the last of the specified number of days falls on a weekend, holiday, or other day the City is not open for business, the time limit shall extend to 5:00 p.m. on the following business day. (k) Any reference to County shall mean Sarasota County. (l) Any reference to Board shall mean the Board of County Commissioners for Sarasota County. (m) Any reference to County Code shall mean the Sarasota County Code of Ordinances. (n) Any reference to Comprehensive Plan shall mean the most up to date Sarasota County Comprehensive Plan. Section 124 6 Meaning of Text and Graphics. Page 7 of 1165
Delegation of Authority. (a) The authority and responsibility for implementation of the provisions of this are assigned to the County Administrator or designee, except as specifically stated herein. Responsibility for individual provisions, regulations, or sections of the may be designated, delegated, and assigned to other named individuals by the County Administrator in accordance with Section 124 29. Severability. (a) If any section, part of a section, paragraph, sentence, clause, phrase, or word of this is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of this and it shall be construed to have been the legislative intent to pass this without such unconstitutional, invalid, or inoperative part therein; and the remainder of this, after the exclusion of such part or parts, shall be deemed to be held valid as if such part or parts had not been included therein; or if this, or any provisions thereof, shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstances. 124 10. [Reserved.] Section 124 7 Delegation of Authority. Page 8 of 1165