§ 400. Generally
400.1. Official Zoning Atlas.
Manatee County is divided into zones or districts, as shown on the Official Zoning Atlas (Atlas) or as described in this Code. Such Atlas, together with all explanatory matter thereon, shall be considered a part of this Code. Said Atlas is composed of a series of sheets or maps, properly identified as such, and shall be on file in the Office of the Clerk of the Circuit Court, and shall be the official record of zoning status of unincorporated lands within the County. A copy shall be maintained in the office of the Building and Development Services Department and is hereby incorporated by reference.
400.2. Recording Amendments to the Maps of the Official Zoning Atlas.
On the effective date of any amendment to the Zoning Atlas the change shall be posted on the Atlas by the Department Director and the maps shall identify the official action by which such amendment was made, the date of such action and the area involved.
400.3. Unauthorized Changes in Zoning Atlas Prohibited.
No substantive changes of any nature affecting property shall be made in the Official Zoning Atlas or any matter shown thereof except in conformity with the procedures and requirements of this Code and/or other applicable law.
400.4. Replacement of Official Zoning Atlas.
In the event that the Official Zoning Atlas or any portion thereof becomes damaged, destroyed, lost or illegible or difficult to interpret because of the nature or number of changes and additions, the Board is authorized to replace said Atlas, map or portion thereof by resolution and the same shall supersede said replaced portion.
The new Atlas, map or portion thereof may correct drafting or other errors or omissions in the prior map, but no replacement map shall have the effect of amending the Official Zoning Atlas, which shall be amended only as provided in Section 354 (Amendments to Official Zoning Atlas). The replacement shall be properly identified as such, with the date of the resolution of the Board. Unless the prior Atlas, map or portion thereof has been lost or totally destroyed, any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
400.5. Unclassified Areas.
Unless areas are classified on or by the Official Zoning Atlas, or classification can be established by the rules above, such areas shall be considered to be classified as General Agricultural (A) until rezoned by the Board.
400.6. Rules for Interpretation of District Boundaries.
Interpretations regarding boundaries of zoning districts shown on the Official Zoning Atlas, and future land use map designations shown on the official future land use map shall be made in accordance with the following:
A.
Center Lines as Boundaries. Where zoning district or future land use designation boundaries appear to follow center lines of streets, alleys, easements, railroads and the like, they shall be construed as following such center lines.
B.
Property Lines and the Like as Boundaries. Where zoning district or future land use designation boundaries appear to follow street, lot, property, or similar lines, they shall be construed as following such lines.
C.
Boundaries in or Adjacent to Bodies of Water.
1.
Where zoning district or future land use designation boundaries appear to follow shorelines or center lines of bodies of water, they shall be construed as following such shore lines or center lines. In case of change in shore lines or course or extent of water, the boundaries shall be construed as moving with the change.
2.
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 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 jurisdiction.
D.
Boundaries Indicated as Parallel to or Extensions of Features Listed. Where zoning district or future land use designation boundaries are indicated as parallel to or extension of features listed above, they shall be so construed.
E.
Dimensions. Where dimensions are not otherwise indicated on or by the Official Zoning Atlas or the Future Land Use Map, the scale of the map shall govern.
F.
Variation of Actual Location from Mapped Location. Where physical or cultural feature existing on the ground are at variance with those shown on or by the Official Zoning Atlas or the Future Land Use Map, the actual location shall govern.
G.
Single Site with Multiple Zoning Categories. Where zoning district boundaries split property under common ownership as of the effective date of this ordinance, the County Administrator or designee is authorized to adjust the zoning district boundaries on the Official Zoning Map to apply the predominant zoning district to the entire site as long as the zoning district is consistent with the site's future land use designation.
H.
Single Site with Multiple Future Land Use Categories. Development on a site with two or more future land use designations shall be developed in a way that each portion of the site complies with its underlying designation, unless the project is reviewed through the Special Approval process (see below).
I.
Special Approval Projects with Multiple Future Land Use Categories. The maximum development allowed for a Special Approval project that is split into two or more future land use designations must be calculated by adding the gross density and intensity allowance for each portion of the site based on its underlying future land use designation. Development may occur on any portion of the site as long as the total gross density and intensity for the entire site does not exceed the maximum allowed for all the areas together. The net density and intensity, however, shall be calculated and met separately for each individual area. All other requirements of the future land designation, including but not limited to use, shall be met for each portion of the site.
J.
Distributing Commercial Nodes on a Project Site. Where a special approval project contains one or more categories permitting consideration of commercial uses, any such potential commercial uses may be located at any point within the project site, as long as compliance with all commercial locational criteria and commercial development standards is achieved. For example, for a project containing two commercial nodes, one permitting only medium commercial uses, and one permitting large commercial uses, the node designated under a future land use category permitting only medium commercial uses may be considered for locating the project's large commercial uses, as long as the applicable commercial criteria and standards are complied with. This provision shall not be interpreted so as to provide for any increase in total development potential on the project site over that determined during intensity compliance review.
K.
Corrections of Mapping Errors. Where a designation on the Official Zoning Atlas or Future Land Use Map has been erroneously labeled or located, or erroneously printed, and Manatee County Records can be produced to verify that such a mapping, labeling, or printing error has been made, the Manatee County Board of County Commissioners shall correct the errors or omissions by resolution or ordinance. All corrections described above may take place at any time during the calendar year.
L.
Action in Case of Uncertainty. Where the provisions above fail to clarify the status of a piece of property, the property owner may elect to file a written request with the Department Director for a final determination by the Board of County Commissioners.
(Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)
400.7. Minimum District Size.
After the effective date of this Code, where a minimum district size is specified for a given district, no area of land of lesser size shall be so zoned in a given location in the County, except where initiated by the Planning Commission or the Board acting on its own motion pursuant to a comprehensive rezoning; however, if the same district classification or that of similar nature and similar or greater intensity exists in a given location, additional lands may be rezoned to such classification in accordance with the following:
A.
If such additional lands are contiguous to such existing same or similar district;
B.
If the rezoning of such additional lands would be consistent with the Comprehensive Plan;
C.
If such additional lands satisfy the minimum lot area and lot width requirements specified for the given district; and
D.
Provided that with the addition of such lands, the total area zoned for the same intensity and type of use will be equal to or greater than the minimum district size.
400.8. Future Land Use Categories and Zoning Districts.
No property shall be rezoned unless it is to a district that implements the future land use designation of the site. In no event shall the density or intensity in a given zoning district exceed the maximum permitted in the Future Land Use designation of the site. Properties with a zoning designation not consistent with the future land use category are not required to rezone. However, if the property owner wishes to rezone the property, it shall be eligible to be rezoned to a designation that is consistent with the assigned future land use category.