§ 403. Overlay Districts.

Latest version.

403.1. Overlay Districts Established.

The following overlay districts are hereby established:

Type of Overlay District	Overlay District Description
Airport Impact	AI: Airport Impact Overlay District
Corridor and Gateway	EW: Entranceways Overlay District
	FIG: Florida International Gateway Overlay District
	PCV: Parrish Commercial Village Overlay District
Historic Preservation	HA: Historical and Archaeological Overlay District
	HV: Historic Vista Protection Area Overlay District
Duplex Access	DA: Duplex Access Overlay District
Environmental Resource Protection	CH: Coastal High Hazard Area Overlay District
	ST: Special Treatment Overlay District
	WPE: Evers Reservoir Watershed Protection Overlay District
	WPM: Lake Manatee Reservoir Watershed Protection Overlay District
	WPR: Peace River Watershed Protection Overlay District
Neighborhood Preservation	NC: North Central Overlay District
	WR: Whitfield Residential Overlay District
Restricted Vehicle	RV: Restricted Vehicle Overlay District
Manufacturing Development	MD: Manufacturing Development Overlay District

(Ord. No. 15-03, § 5(Exh. C), Amd. 1-5-17 )

403.2. Airport Impact (AI) Overlay District.

Purpose. The purpose of this overlay district is to facilitate proper land use planning and to prohibit the location of incompatible land uses and structures in areas surrounding existing or future airports.

Applicability. The regulations of this section apply to all new and expanded facilities within the Airport Impact Overlay District. The approximate boundaries of the AI District are indicated on the Official Zoning Atlas Maps. The specific noise contour lines are indicated on Map 4-1. The overlay district regulations shall be applied in conjunction with the regulations of the underlying zoning districts. Where there is a conflict between regulations, the most restrictive shall apply.

Exemptions and Waivers. Notwithstanding any other provisions of this Code, the following activities shall be exempt from the noise requirements of this section:

Non-substantial improvements of existing non-residential structures and parcels provided the principal use of the property has not been discontinued for a period of one hundred eighty (180) consecutive days or more.

Non-substantial improvements of existing residential structures and parcels.

A use not prohibited by Table 4-10 may be exempt from the maximum allowable interior noise levels if the Department Director determines that:

The property owner has documented that he has made a good faith effort to achieve the interior noise level standard described in this section;

The property owner can demonstrate that a substantial and unreasonable additional expense would be necessary to achieve the allowable interior noise level; and

The property is being redeveloped in a manner consistent with its prior uses.

Noise Regulations.

Land Use. Table 4-10 specifies the level of review required for each proposed land use based on its location within the contours.

Review Required. All new development within the Airport Impact Overlay District requiring special consideration according to Table 4-10, shall require Planned Development. Non-residential land uses and new single family dwellings constructed on a lot of record are exempt from this requirement.

Map 4-1: Airport Noise Exposure

Table 4-10: AI Overlay Land Use Compatibility Guidelines

Land Use	Yearly Day-Night Average Level
Land Use	65 to 69 Ldn	70 to 74 Ldn	75+ Ldn
Residential:
Single units—Detached, Semidetached, or Attached	SC	SC	SC
Duplex units	SC	SC	SC
Multi-family	SC	SC	X
Group quarters or dormitories	SC	SC	X
Hotel/Motel	SC	SC	SC
Mobile homes, mobile home parks, mobile home subdivisions	SC	X	X
Recreational Vehicle Parks or Camping Areas for tents, trailers or pickups	X	X	X
Other residential	SC	SC	SC
Manufacturing:
Food and kindred products	P	SC	SC
Textile mill products	P	SC	SC
Apparel and other finished products made from fabrics, leather, etc.	P	SC	SC
Lumber and wood products	P	SC	SC
Furniture and fixtures	P	SC	SC
Paper and allied products	P	SC	SC
Printing, publishing, and allied industries	P	SC	SC
Chemicals and allied products	P	SC	SC
Petroleum refining and related industries	P	SC	SC
Rubber and miscellaneous plastic products	P	SC	SC
Stone, clay and glass products	P	SC	SC
Primary metal industries	P	SC	SC
Fabricated metal products	P	SC	SC
Professional, scientific, and controlling instruments	P	SC	SC
Photographic and optical goods; watches and clocks	P	SC	SC
Other manufacturing	P	SC	SC
Transportation, Communication and Utilities:
Railroad, rapid rail transit and street railway transportation, station	P	SC	SC
Marine craft transportation, marina	P	SC	SC
Automobile parking	P	SC	SC
Communication	P	SC	SC
Utilities	P	SC	SC
Unmanned switching station	P	P	P
Other transportation, communication and utilities	P	SC	SC
Retail Trade:
Open Flea Markets	P	SC	SC
Enclosed Flea Markets	P	SC	SC
Building materials, hardware and farm equipment	P	SC	SC
Automotive, marine craft, aircraft and accessories	P	SC	SC
Apparel and accessories	P	SC	SC
Furniture, home furnishings and equipment	P	SC	SC
Restaurants	P	SC	SC
General merchandise	P	SC	SC
Other Retail Trade	P	SC	SC
Wholesale Trade:
Hospitals, Nursing Homes, Convalescent and Extended Care Recovery Homes	SC	SC	X
Recovery Homes, Residential Treatment Facilities, Emergency Shelters and Homes	SC	SC	X
Classroom and Instructional Facilities of all Colleges and Universities	SC	SC	X
Schools of General, Special, Religious, or Private Education	SC	SC	X
Day Care Homes, Child Care Centers, and Preschools	SC	SC	X
Research Activities	SC	SC	SC
Other medical and emergency facilities	SC	SC	SC
Finance, insurance and real estate services	P	SC	SC
Personal services	P	SC	SC
Cemeteries	P	SC	SC
Business services	P	SC	SC
Rental and Leasing Services	P	SC	SC
Slaughter Houses	P	SC	SC
Repair services	P	SC	SC
Professional services	P	SC	SC
Dry Cleaning Plants	P	SC	SC
Veterinary Hospitals	P	SC	SC
Contract construction services	P	SC	SC
Governmental services	P	SC	SC
Cultural, Entertainment and Recreational:
Drive-in Theatres	X	X	X
Outdoor music shells, amphitheaters	X	X	X
Outdoor sports arenas, spectator sports without Sound Reinforcement Systems	SC	SC	X
Outdoor sports arenas, spectator sports with Sound Reinforcement Systems	P	X	X
Amusement Parks	P	P	X
Nature Exhibits	P	SC	X
Golf Courses and Driving Ranges	P	SC	SC
Water Recreation	P	SC	SC
Riding Stables	P	P	X
Tennis Courts, Handball Courts, and Shuffleboard Courts	P	P	X
Parks, Playgrounds	P	SC	SC
Worship areas of Churches, Synagogues, etc.	SC	SC	X
Public Assembly	SC	SC	X
Auditoriums, concert halls	SC	SC	X
Museums and Permanent Circus Exhibitions	P	SC	X
Membership Organizations	P	SC	X
Firing Ranges, Trap and Skeet Shooting	P	P	P
Other indoor cultural, entertainment and recreational facilities	SC	SC	X
Resource Production and Extraction:
Livestock farming and animal breeding	P	SC	SC
Agriculture and related activities	P	SC	SC
Forestry activities and related services	P	SC	SC
Mining activities and related services	P	SC	SC
Other resource production and extraction	P	SC	SC

LEGEND: X = Use not permitted; P = Permitted use with no special consideration

SC = Special consideration: acoustical analysis required to show that the structure's design will limit exterior noise to the prescribed allowable interior level (See Section 403.2.D.3).

Table Note: The uses in this table are grouped for user convenience and do not necessarily correlate with the land uses as categorized earlier in this Chapter. Proposed land uses which do not appear on the list will be reviewed as the most similar use, subject to the discretion of the Department Director.

(Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

Editor's note— See the editor's note to Table 4-7.

Allowable Interior Noise Levels. Interior noise levels attributable to exterior sources shall not exceed 45 Ldn in any habitable room. Habitable room shall be defined to include all living areas in residential structures, and the following portions of all non-residential structures: all areas where the public is received, office areas, classrooms, sleeping areas, medical treatment areas, areas of religious worship, and all noise-sensitive areas or areas where the normal noise level is low. Proper design may include, but shall not be limited to, the following specific noise attenuation techniques:

Architectural design features such as the provision of additional building insulation; the omission of fireplaces/chimneys, or doors with mail drop slots from building design; and/or the use of double pane windows.

Orientation of the habitable structure, including setbacks and shielding.

Placement of habitable rooms toward the internal portions of the proposed structure(s), situating porches, garages, or storage areas between these habitable rooms and typical airport noise sources.

Uses Requiring Special Consideration.

Acoustical Analysis. Prior to the issuance of a building permit, the applicant proposing to develop a habitable structure requiring special consideration (SC) shall submit an acoustical analysis showing that the proposed design will limit exterior noise to the prescribed allowable interior level.

The acoustical analysis report shall be prepared under the supervision of a person who is a Member of the Institute of Noise Control Engineering and experienced in the field of acoustical engineering. The report shall show topographical relationships of noise sources and structure sites, identification of noise sources and their characteristics, predicted noise spectra and levels at the exterior of the proposed habitable structure(s) considering present and future land usage, basis for the prediction (measured or obtained from published data), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise level requirements will be met.

If allowable interior noise levels are met by requiring that windows be closed, the design for the structure must also specify a ventilation or air conditioning system to provide habitable interior environment. The ventilation system must not compromise the habitable room noise reduction.

Field Testing. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a field test report showing compliance with prescribed interior allowable levels. Should the test report reveal non-compliance, the Certificate of Occupancy will be denied until compliance is demonstrated or until a waiver is obtained pursuant to paragraph c, below.

Field testing shall be done under the supervision of a person who is a Member of the Institute of Noise Control Engineering, experienced in the field of acoustical testing and engineering. Documentation of field test results should generally follow the requirements outlined in relevant ASTM standards.

Interior Noise Level Waiver. Should the required field test reveal non-compliance, the Department Director may grant a waiver of the allowable interior noise levels if:

The property owner has made a documented good faith effort to achieve the interior noise level standard; and

ii.

The property owner meets the requirement for a Noise Report; and

iii.

The property owner can demonstrate that a substantial and unreasonable additional expense would be involved to achieve the required interior noise level; and

iv.

In the case of redevelopment, the property owner/applicant will also need to demonstrate that the redevelopment is being done in a manner consistent with its prior use.

Airspace Height Limitations.

Airport Zones. Airspace height limitations shall apply to all sites lying beneath the primary, approach, transitional, horizontal and conical zones shown on the "Airport Zone and Object Height Limitation Overlay Map" (Map A), which shall be amended any time a new airport is approved. An area located in more than one of the described zones is considered to be only in the zone with the more restrictive height limitation. The various zones and height restrictions are as follows, and are generally depicted on the drawing designated as Figure 4-4, "Civil Airport Imaginary Surface."

Primary Zone (P). An area located at each end of a runway which is longitudinally centered on each runway, extending two hundred (200) feet beyond each end of that specially prepared hard surface runway with the width specified for the most precise approach existing or planned for either end of that runway. The primary zone ends at each runway end for all runways without a specially prepared hard surface. The width of each primary zone is as follows:

Precision Instrument Runways: 1,000 feet.

ii.

Non-Precision Instrument Runways: 500 feet.

iii.

Public Utility Visual Runways: 250 feet.

iv.

Private Utility Visual Runways: 100 feet.

Horizontal Zone (HZ). An area around each airport with an outer boundary the perimeter of which is constructed by swinging arcs or specified radii from the center of each end of the primary zone of the airport's runways and connecting the adjacent arcs by lines tangent to those arcs. The radius of the arcs specified for each end of the runway will have the same arithmetical value and the value will be the highest composite value determined for either end of that runway. When a smaller arc is encompassed by the tangent connecting two (2) adjacent larger arcs, the smaller arc shall be disregarded in the construction of the perimeter of the horizontal zone. The radius of each runway arc is as follows:

For utility runways, a radius of five thousand (5,000) feet.

ii.

For other than utility runways, a radius of ten thousand (10,000) feet.

Conical Zone (CN). An area extending outward from the periphery of the airport's horizontal zone for a distance of four thousand (4,000) feet.

Approach Zone (AP). An area longitudinally centered on the extended runway centerline and extending outward from the end of the primary surface. The approach zone area and height restrictions are designated for each runway based upon the type of approach available or planned for that runway end, as follows:

Approach Zone Width. The inner edge of the approach zone is the same width as the primary zone. The outer width of the approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly outward to a width of:

(a)

For a Precision Instrument Runway, a maximum width of sixteen thousand (16,000) feet.

(b)

For a Non-Precision Instrument Runway other than a Utility Runway, a maximum width of three thousand five hundred (3,500) feet.

(c)

For a Utility Visual Runway, a maximum width of one thousand two hundred fifty (1,250) feet.

(d)

For a Utility Non-Precision Instrument Runway, a maximum width of two thousand (2,000) feet.

ii.

Approach Zone Length. The approach zone extends from the end of the runway primary surface for a horizontal distance of:

(a)

For a Non-Precision Instrument Runway other than a Utility Runway, a maximum distance of ten thousand (10,000) feet.

(b)

For a Visual or Non-Precision Instrument Utility Runway, a distance of five thousand (5,000) feet.

Transitional Zone (TR). An area extending outward and upward from the sides of each primary zone and approach zone, connecting them to the horizontal zone, or outward five thousand (5,000) feet horizontally from the side of that portion of the approach zone of a Precision Instrument Runway extending beyond the Conical Zone.

Figure 4-4: Civil Airport Imaginary Surface

Height Limitations. No structure or obstruction, including, without being limited to, tall tower or antenna, shall be erected to a height which would cause such structure to exceed any of the following:

Zone	Maximum Height Permitted
Primary	The height of the nearest point of the runway centerline.
Horizontal	150 feet above the airport height.
Conical	150 feet above the airport height at the inner boundary, with permitted height increasing 1 foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary.
Approach	The height of the runway end at its inner edge, increasing with the horizontal distance outward from the inner edge as follows:
	(1) For a Precision Instrument Runway, a height increase of 1 foot vertically for every 50 feet horizontally for the first 10,000 feet and 1 foot vertically for every 40 feet horizontally thereafter for an additional distance of 40,000 feet.
	(2) For a Non-Precision Instrument Runway, a height increasing 1 foot vertically for every 34 feet horizontally for the length of the approach zone.
	(3) For a Visual or Non-Precision Instrument Utility Runway, a height increasing 1 foot vertically for every 20 feet horizontally.
Transitional	The height of the primary approach zone at their adjoining boundary lines, increasing at a rate of 1 foot vertically for every 7 feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centerline, until the height matches the height of the horizontal zone, or for a horizontal distance of 5,000 feet outward from the side of an approach zone for a Precision Instrument Runway or to the point of contact within a conical zone, if less than 5,000 feet.

Additional Structure or Object Height Limitations. In addition to the height restrictions noted above, no structure, including, without being limited to, tall tower or antenna, shall be erected to a height which would cause such structure to penetrate any of the following described surfaces overlaid on Manatee County to avoid obstructions to or conflict with aircraft in flight (all heights are based on Mean Sea Level (MSL)).

V-97 Horizontal Surface (V97-HS). A horizontal surface at a height of 1,149 feet (MSL) which extends 24,304.4 feet (4 nautical miles) each side of a line which begins at a point on the easterly County Line of Manatee County and located at Latitude 27 degrees 23′ 11.78″ North and Longitude 82 degrees 03′ 20.93″ West, and extends in a northwesterly direction to a point on the northerly County Line at Latitude 27 degrees 38′ 46.08″ North and Longitude 82 degrees 22′ 4.22″ West.

V-97 Transitional Surface (V97-TS). An inclined surface extending outward from, and parallel to, the V97-HS surface described above for a horizontal distance of 12,152.2 feet (2 nautical miles) and extending upward at the most direct angle from the V97-HS height of 1,149 feet (MSL) to a height of 1,649 feet (MSL).

V-35 Horizontal Surface (V35-HS). A horizontal surface at a height of 1,149 feet (MSL) which extends 24,304.4 feet (4 nautical miles) each side of a line beginning at a point on the southerly County Line of Manatee County and located at Latitude 27 degrees 12′ 30.01″ North and Longitude 82 degrees 14′ 53.84″ West, and extending in a northwesterly direction to a point on the northerly County Line at Latitude 27 degrees 38′ 43.64″ North and Longitude 82 degrees 31′ 12.79″ West.

V-35 Transitional Surface (V35-TS). An inclined surface extending outward from, and parallel to, the V35-HS surface described above for a horizontal distance of 12,152.2 feet (2 nautical miles) and extending upward at the most direct angle from the V35-HS height of 1,149 feet (MSL) to a height of 1,649 feet (MSL).

V-579 Horizontal Surface (V579-HS). A horizontal surface at a height of 1,049 feet (MSL) which extends 24,304.4 feet (4 nautical miles) each side of a line beginning at a point on the southerly County Line of Manatee County and located at Latitude 27 degrees 23′ 10.31″ North and Longitude 82 degrees 33′ 7.96″ West and extending in a northwesterly direction to a point on the northwesterly County Line at Latitude 27 degrees 37′ 24.31″ North and Longitude 82 degrees 36′ 42.76″ West.

V-579 Transitional Surface (V579-TS). An inclined surface extending outward from, and parallel to, the V579-HS surface described above for a horizontal distance of 12,152.2 feet (2 nautical miles) and extending upward at the most direct angle from the V579-HS height of 1,049 feet (MSL) to a height of 1,549 feet (MSL).

Absolute Height Limitations. Notwithstanding any other provisions of this subsection, antennae towers of any height may be located in any portion of the unlimited surface area as identified on Map A. Antennae towers which do not exceed the height limitations described in this section may be located within 3.5 nautical miles of any antennae tower shown on Map A, which existed on the adoption date of this Code, including areas within primary zones, horizontal zones, conical zones, approach zones, transitional zones, V-97, V-35, V-579 transitional surfaces, or V-97, V-35, V-579 horizontal surfaces.

Lowest Surface is Controlling. Where more than one of the above height surfaces overlays an area the lowest surface shall control and establishes the maximum height permitted for any structure at that location.

Height Surface is Controlling. A drawing shall locate and identify topographic data pertinent hereto and shall depict the boundaries and, by contour lines, the height limitations for the several surface and zone classifications established herein. Copies or prints of such drawings shall be maintained and kept on file in the offices of the Building and Development Services Department and shall be prima facie evidence of the boundaries of the surface and zone locations and the height limitations applicable thereto.

Zone Classification District Boundary Map for the Airport Zones and Environs Outside Airport Zones. The Airport Zone and Object Height Limitation Overlay Map (Map A) locates and identifies the State licensed airports within Manatee County and other topographic data pertinent thereto and to the purpose of this Section, and shall depict the approximate boundary of height limitations outside airport environs and the airport zones and the boundaries and by contour lines, the height limitations, for the several zone and surface classification districts therein as the same are established herein. This map shall be prima facie evidence of the boundaries of the zone and surface classification districts and the height limitations applicable thereto and therein, but in the case of conflict with the written provisions of this section, the written provisions shall prevail. The underlying zoning district for the Sarasota-Bradenton Airport shall prevail where that district imposes more restrictive requirements than those provided in this section.

Variances to Height Regulations. Any person desiring to erect or increase the height of any structure or use his or her property, not in accordance with the regulations prescribed in this section, may apply for a variance in accordance with the provisions of Chapter 3. At the time of filing, the applicant shall forward a copy of his application for variance by certified mail return receipt requested to the Florida Department of Transportation, Aviation Office. The department has forty-five (45) days from receipt of the application to provide comments to the applicant and the Hearing Officer, after which time that right is waived.

Additionally, no application for a variance may be considered, unless the applicant shows evidence that the requirements for Notice of Construction or Alteration, under Title 14 Code of Federal Regulations, Part 77, have been complied with. The Hearing Officer may proceed with consideration of an application only upon receipt of Department of Transportation comments or the waiver of that right, as demonstrated by the applicant's filing a copy of a return receipt, showing the forty-five (45) days have elapsed.

If a height variance is granted, the property owner shall mark and light the structure to indicate to aircraft pilots the presence of an obstruction. Such marking and lighting shall conform to the specific standards established by Chapter 14-60, Rules of the Department of Transportation, and Federal Aviation Administration Advisory Circular 70/7460-1, as amended.

(Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

403.3. Florida International Gateway Overlay District (FIG).

Purpose and Intent. The purpose of the Florida International Gateway Overlay (formerly known as the North County Gateway Overlay) Zoning District is to encourage growth consistent with the long term needs of Port Manatee and the economic health of the County as a whole. To achieve that purpose, the overlay district allows for a range of light industrial, mixed-use and other employment-oriented uses which would not otherwise be allowed in the underlying land use category. This section sets the development standards and alternative review procedures for approving those uses within the district and ensuring compatibility among uses. This section, however, shall not be construed to grant entitlements to any property in excess of any statutorily prescribed threshold for a developmental-regional-impact review under applicable State law.

Applicability. All properties within the Florida International Gateway Overlay District are eligible, but not required, to be processed as specified in this section.

Standards.

Uses Permitted in the FIG Overlay. Properties within the Florida International Gateway Overlay District may be allowed the following uses, in addition to the uses permitted in the underlying Future Land Use Classification. The range of permitted uses may be limited or certain uses not permitted by the Board at the time of approval of the Master Plan as determined necessary by the Board to meet the criteria in Policy 2.2.2.9.4 of the Comprehensive Plan.

• Light Industrial	• Neighborhood Retail	• Schools
• Offices	• Service Uses	• Privately-Operated Airports
• Research/Corporate	• Selected Residential	• Water-Dependent/Related/Enhanced Uses
• Warehouse/Distribution	• Short-Term Agricultural
• Intensive Commercial	• Recreational Uses	• Hotels/Motels
• Wholesale Commercial	• Public or Semi-Public Uses

Buffering and Screening Standards:

Land proposed for residential and other low intensity uses shall provide the buffers required in Chapter 6.

Land proposed for industrial, warehousing, wholesale trade, utilities, building materials, industrial services, construction services, vehicle repair, fuel pumps, and transportation uses shall not have a requirement to provide buffers, except along the boundary of the project where adjacent to developed residential uses.

If the adjacent parcel is undeveloped, the developer shall reserve the land for the buffer but may defer the planting of landscaping material and construction of any berms or walls until such time as the adjacent development commences. If the adjacent land subsequently develops with a compatible land use, then the developer may use the land reserved for the buffer for other purposes.

Notwithstanding, the minimum submittal requirements for a Development Concept Plan contained elsewhere in this Code, the Gateway Overlay Master Plan is not required to contain the following information:

Location of land uses, buildings and structures.

ii.

Quantities of land uses, e.g., land area (acres) or floor area (square feet).

Master Plan Review and Approval. Applicants desiring to develop under the alternative provided by the Florida International Gateway Overlay District shall submit a Master Plan to be reviewed by the Board in accordance with the requirements of quasi-judicial decisions pursuant to Chapter 3.

Completeness of Application. The Master Plan shall have sufficient details to ensure compliance with the goals, objectives and policies of the North County Gateway Overlay District contained in the Comprehensive Plan. The Overlay Master Plan may meet all requirements of the Code for a General Development Plan or comply with the information required below, at the option of the applicant. A Gateway Overlay Master Plan shall contain the following information:

Demonstration of how the Master Plan implements the goals, objectives and policies of the North County Gateway Overlay District in the Comprehensive Plan. In the event the Gateway Overlay Master Plan requests approval for the range and intensity of uses eligible under the IL (Industrial-Light) Future Land Use Category, the Gateway Overlay Master Plan shall demonstrate specifically how compatibility between residential and non-residential uses can be achieved and how provisions have been made for all required public facilities.

Floor area ratios or residential densities for the various land uses or their categories.

Categories organizing the list of land uses into groups considered incompatible where adjacent.

Buffering and screening standards:

Providing alternatives to such requirements of the LDC, Section 701, Landscaping Standards and any applicable provisions contained in Chapter 5.

Applying the categories of incompatible adjacent land uses in a matrix or table indicating the appropriate buffer and screening between such land uses.

Graphically and textually describing the design of the buffers and screenings between such land uses.

Describing the relative location, responsibility for installation and maintenance and timing of buffers at a minimum with detail to demonstrate compliance with the buffer standards listed above (subsection B.2).

Certificate of Level of Service. The uses proposed within a Gateway Overlay District shall not be eligible to receive of Certificate of Level of Service compliance due to the general nature of the submittal requirements. This section, however, shall not be construed to prohibit an applicant from entering into a Local Development Agreement with the County or the Department of Community Affairs for purposes of qualifying for an exemption from the development-regional-impact review process in accordance with applicable law.

Specific Approval not Required. The standards and designs provided for in the Gateway Overlay Master Plan are alternatives to the previous development approvals under the UF-3 Future Land Use Classification and as such, shall not require the Board to make a written finding to grant specific approval.

Effect of Approval. Upon approval of a Gateway Overlay Master Plan by the Board through adoption of a resolution, the applicant may apply directly for approval of a Final Site Plan or, at the applicant's option, Preliminary Site Plans for phases. Subsequent applications may depart from the phasing plan if each site plan provides access and other common improvements adequate to serve all cumulative developments in the event other phases fail to develop timely. Special Permits or Preliminary Site Plan approvals shall not be required. In circumstances where a property is zoned Planned Development the approved Gateway Master Plan, if elected to be implemented by a Final Site Plan approval by the applicant, as to all or a portion of such property encompassed by the Final Site Plan approval, then any previously approved plan and/or stipulation shall be superseded in the Planned Development approval.

Modification. Minor modifications may be made during the development process. Such modifications may be approved by the Department Director after a finding of consistency with the Comprehensive Plan.

Expiration. Gateway Overlay Master Plans shall not contain an expiration date.

Other Permits Required. Nothing in this Section shall eliminate the obligation of the applicant to obtain any required permits from State or Federal agencies.

Revocability. In the event the Department Director determines in his sole discretion that the applicant has failed to suitably monitor the progress of the development under the Gateway Overlay District Master Plan so as to trigger or have a factual basis to conclude that the numerical thresholds will be exceeded such as to trigger review as a Developmental Regional Impact, the Department Director shall notify the applicant in writing of his/her determination. The applicant(s) receiving such notice shall have the right of appeal the decision or interpretation of the Department Director pursuant to Chapter 3, Part X. The applicant shall record a notice to buyers in the public records at such time as any parcel or portion of the property is sold or transferred to another legal entity of the requirement of a subsequent purchaser to comply with the monitoring requirements regarding numerical thresholds and development-regional-impact review.

(Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

403.4. Parrish Commercial Village Overlay District (PCV).

Purpose and Intent. The purpose of the Parrish Commercial Village (PCV) Overlay District is to provide an administrative approval process as an incentive for appropriately scaled and compatible commercial development along U.S. 301. The purpose of this section includes:

Provide a vehicle for applications meeting the standards of the underlying zoning district and this section to obtain administrative approval;

Promote new and renovated commercial development that will be harmonious with the existing Parrish community and its evolving vision for its future;

Provide standards for building placement, architecture, landscaping, and signs for commercial development that enhance the community by being visually distinctive and drawing from the historic, rural heritage of the Parrish community, while remaining flexible enough to encourage creativity and diversity;

Encourage the establishment of functional outdoor gathering spaces at appropriate places in the Parrish community;

Create pedestrian-friendly places, conveniently located pathways, and increased accessibility for a range of travel modes that contribute to the character of individual sites and the overall built environment in Parrish; and

Promote building-to-street interaction and greater visibility of businesses by encouraging parking to be located away from U.S. 301, ideally at the side or rear of non-residential buildings.

Applicability. The requirements of this section apply to any new or improved commercial, multi-family, mini-warehouse, and mixed-use developments (if they include a commercial component) located within the PCV Overlay District and requiring Site Development Plan approval. The provisions of this section are intended to supplement the regulations in this Code. In the event of a conflict between other provisions of the Code and this section, the more restrictive of the provisions shall prevail unless where specifically provided otherwise.

Exemptions. The following development is exempt from the standards of the PCV Overlay District:

Development that has obtained General Development Plan, Preliminary Site Plan or Plat approval prior to January 1, 2009.

Structures and uses that do not require Final Site Plan approval, as specified under Section 320.2.C.

Projects with a valid Final Site Plan as of January 1, 2009.

Structures for which building permit applications have been received prior to January 1, 2009.

Community Service Uses, Open Uses of Land, Recreation Uses, Residential Uses except Multi-Family Uses, Residential Support Uses, and Transportation Facilities.

Historical sites or districts as designated by federal, state, or county governments or other structures deemed by Manatee County to be culturally or architecturally significant, including those historic structures on the Florida Master Site File identified in the Survey Report, Manatee County Historical Structures Survey, Phase I Project, prepared for Manatee County, dated August 29, 2008, a copy of which is on file at the Building and Development Services Department.

Development Standards. The following standards shall be met if the applicant wishes to take advantage of the expedited review incentive. It is recognized that there may be circumstances where property configuration prohibits complete compliance with these requirements. Additionally, it is recognized that dedications to the public may place constraints upon projects in the planning process. These factors may be found to be adequate justification for the Board of County Commissioners to approve deviations from these standards.

Site Design.

Orientation. Buildings adjacent to U.S. 301 shall have the main entrance face U.S. 301.

Access. To minimize access points onto U.S. 301, shared access shall be provided whenever appropriate as determined by the Department Director and permitted by FDOT. Stub-outs for driveways and a cross access easement may be required to accommodate future shared access as a condition of site plan approval. Where stub-outs for shared access have been provided by adjacent property, the owner of the subject property shall connect to the shared access unless substantial evidence can be provided that the two (2) uses are incompatible due to health, safety, or welfare concerns or that connection to the shared access substantially limits proposed development of the site in question. Shared access may or may not be accompanied by a combined or shared off-street parking plan pursuant to Chapter 10 as determined by the Department Director.

Dimensional Requirements. In addition to the standards contained in Table 4-3, commercial, multi-family, mini-warehouse, and mixed use projects containing a commercial component in the PCV Overlay shall meet the following dimensional standards:

Building Footprint: 5,000 sq. ft. max. (larger buildings require Special Permit approval).

ii.

Front Yard Setback along U.S. 301: The 25 ft. minimum setback may be reduced by the Department Director to 10 ft. min., provided that:

• The site is located on U.S. 301 between Moccasin Wallow Road and CR 675.

• A 10-ft deep porch or gallery is provided along forty (40) percent or more of the building frontage, or

• A ten-foot deep outdoor gathering space is provided along U.S. 301 for no less than forty (40) percent of the building frontage. The space shall include street furniture such as benches, tables, or resting area for the general public, or a fountain, public art, or other visual focal point for the enjoyment of the general public.

iii.

Front Yard Setback (build-to-line) along Other Roads: 15 ft.; 8 ft. for corner lots on roads intersecting with U.S. 301.

iv.

Side Yard Setback (build-to-line): 8 ft. except for the following:

• 25 ft. if adjacent to residential uses or zoning; or

• As prescribed by the Department Director for the provision of gathering spaces.

Rear Yard Setback (build-to-line): 15 ft.; 25 ft. when adjacent to residential uses or zoning.

vi.

Open Space: 20% minimum.

Parking.

Single Row Only. In no case shall parking in front of the building adjacent to U.S. 301 exceed a single loaded, single row.

ii.

Parking Setback. Except for the single row of parking allowable by paragraph i, above, all parking along U.S. 301 must be located behind the required front yard building setback. However, if the building setback is ten (10) feet as permitted by paragraph c, above, the parking setback may also be reduced to ten (10) feet as long as the width of the parking area along U.S. 301 does not exceed fifty (50) percent of the lot width. Any remaining parking must be setback twenty-five (25) feet from U.S. 301.

Pedestrian and Non-motorized Circulation.

Walkways shall be provided to link the building main entrance directly to the street.

ii.

Walkways shall be functionally separated from parking lots and driveways, except where they cross driveways or parking areas.

iii.

Pavers, texturing, or color changes shall be used to differentiate walkways at driveways.

iv.

Buildings shall be linked to one another by a secondary walkway system.

Public sidewalks may be considered part of the walkway system if they provide convenient pedestrian connections between structures.

Landscape Design Standards. Landscaping shall conform to the requirements of Section 1002, Visibility Triangle, and Section 701, Landscape and Screening Standards. However, screening buffers shall not be required between properties with adjoining outdoor gathering areas. In addition, buffers shall not impede pedestrian or bike circulation along roadways or between parcels.

Roadway Buffers. A 25 foot roadway buffer, shown as Option B below, is required along U.S. 301. Option "A" (shown below) may be used for properties between Moccasin Wallow Road and CR 675 that have a ten-foot front yard setback per paragraph c, above, and meet one of the following conditions:

Provide a qualified outdoor gathering space as determined by the Department Director and parking areas at the side of the building occupy less than fifty (50) percent of the U.S. 301 roadway frontage; or

ii.

Provide no more than a single row of parking between U.S. 301 and the building.

Buffer Option	Width	Required Plantings per 100 LF
Buffer Option	Width	Canopy	Understory	Shrubs
"A"	10 feet	2	2	20 ^{1, 2}
"B"	25 feet	3	4	50 ^{1, 3}

Plant Standards	Height	Width	Caliper
Canopy Trees	12 feet	6 feet	3 inches
Understory/Accent	6 feet	36 inches	2 inches
Shrubs	18—24 inches	18 inches	—

Table Notes:

Where parking areas are adjacent to the required buffer, a continuous hedge shall be required with shrubs planted at an appropriate spacing. The hedge may count towards the required shrubs for the selected buffer option.

Once the minimum tree and shrub quantity requirements are met, the remaining space may be planted with additional shrubs or ornamental grasses but not turf grass.

Once the minimum tree and shrub quantity requirements are met, the remaining space may be planted with additional shrubs or ornamental grasses. Turf grass may be used as well.

No minimum caliper if multi-trunk form.

Additional Landscaping Design Considerations.

Planting Arrangement. In required landscape areas, tree plantings shall be staggered and clustered in natural arrangements rather than in long, straight, formal arrangements. View corridors to buildings or ground signs are encouraged.

ii.

Plant Selection. Plantings in required landscape areas shall be with plant species that are native or naturalized to Florida. Landscape plant material shall be a minimum Florida No. 1 Nursery Grade, as identified in Grades and Standards, Florida Department of Agriculture. All required landscape areas shall retain existing native trees, shrubs, ground cover, and grasses to the greatest extent possible. Existing trees and shrubs meeting the minimum standards of Section 701 may be counted towards fulfilling planting requirements. Native plant species typical to the vegetative communities found in non-coastal Manatee County shall be encouraged.

Building Design. Buildings shall be designed in accordance with the requirements in this section and any adopted Parrish Commercial Village Design Manual. The Board of County Commissioners may adopt by resolution a Parrish Commercial Village District Design Manual to clarify and illustrate the design alternatives of the PCV District. This PCV Design Manual may be amended from time-to-time by the Board of County Commissioners by Resolution. Amendments to the PCV Design Manual may be made to reflect the design concept of a particular project, provided that sufficient detail is provided to enable adequate review of the concept as applications are made.

Architectural Styles. The following architectural styles, which reflect the historic and rural characteristics of Parrish, shall be used in the Parrish Commercial Village District.

Cracker. Cracker is a traditional architecture typically found in the rural areas of Florida. Elements of the Cracker style include:

• Large open porches (Generally with a lower pitch than main roof)

• Simple trim - Corner boards, fascia boards, window and door surrounds

• Horizontal siding

• Large window openings

• Metal or flat shingle hip or gable roofs

• Shed dormers

• Cupolas or roof monitors (Preferably functional, rather than decorative)

ii.

Folk Victorian. The Folk Victorian style combines simple building forms with the use of decorative detailing. Typical elements include:

• Porches with spindle work or jigsaw cut trim

• Horizontal or brick siding

• Architectural details along eaves and gable edges

• Steeply pitched hip or gable roofs

• Side or front gables

• Multiple cross gables

• Brackets under eaves

iii.

Florida Ranch. The Florida Ranch style borrows elements from a variety of other architectural styles. In particular, it is heavily influenced by folk architectural styles such as Cracker combined with Colonial and Victorian styles but not Mediterranean or Spanish Colonial Revival. Elements reflective of this style may include:

• Low buildings

• Walls of brick, stucco, stone, or horizontal or vertical siding

• Simple trim and shutters

• Metal or flat shingled hip or gable roofs or flat roofs with parapets

• Wide overhanging eaves

Roof Materials and Design. Hip and gable roofs are preferred. Shed roofs are permitted. Flat roofs, with staggering heights, are permitted if the parapet wall fully screens all rooftop mechanical equipment, as viewed from adjacent properties. Mansard roofs shall not be used.

Standing seam metal or traditional shingle roofs are preferred within the Parrish Commercial Village Overlay District. Roofs may be clad with flat ceramic or cement tile with the appropriate style of architecture, but not barrel or ribbed tile.

Massing. Reducing the perceived mass of the building and creating interesting building design shall be achieved by application of two (2) or more of the following architectural features or treatments:

Canopy, awnings, or roofed promenade spanning a minimum of thirty-five (35) percent of the wall length. Minimum pedestrian clearance height within the first story walkway shall be twelve (12) feet;

ii.

Horizontal shifts in walls equal to or greater than four feet with a shift or alteration in the roof design;

iii.

Roofs that have a pitch of 4:12 or greater with multiple articulation;

iv.

Vertical shifts of single run of ridge, cornice, or fascia that include a transition in height equal to or greater than four (4) feet; and

Cupolas or similar roofline features reflective of Cracker or Folk Victorian architecture.

Additional Architectural Design Considerations. Regardless of architectural style, the following principles shall be taken into consideration in reviewing building design:

Consideration shall be given to compatibility in style, materials, rooflines, colors, and other finishes with adjacent buildings that also meet the general site and building design criteria of these regulations.

ii.

Materials on all façades (except windows) shall be limited to pre-cast concrete, decorative concrete block, stucco, quarried stone, cast stone, brick, wood, and wood-like materials.

iii.

Building color shall be compatible with the neighborhood. Muted shades shall be used for the primary building façades and roof. Non-vibrant, richer or complementary, hues shall be used for architectural accents such as doors and shutters.

iv.

Accessory uses shall match the principal building(s) in form, materials, color, and detailing.

Tenant-specific building styles or motifs that are inconsistent with the architectural style of the Parrish Commercial Village Overlay District are prohibited.

vi.

Neon or tube lighting, exposed or concealed, shall not be used for architectural accent purposes, such as outlining architectural features.

vii.

Awnings shall not be backlit or otherwise illuminated from behind unless the awning fabric is completely opaque.

viii.

Any window glazing shall be clear or lightly tinted glass with a visible light transmittance factor of 0.6 or higher. The use of reflective, translucent, or mirrored windows is prohibited.

Signs.

Prohibited Signs. In addition to signs prohibited in Chapter 6, the following signs not representative of the character of the Parrish Commercial Village District are prohibited:

• Pole Signs

• Electronic Message Center Signs

• Neon signs, except for those designed within the overall allowable area for signage and occupying no more than four (4) square feet of sign area individually and a total of twelve (12) square feet cumulatively; neon may not be used for architectural accent purposes.

• Florescent Signs

Ground Signs. In addition to the standards provided in Chapter 6, ground signs shall be limited to a monument sign six (6) feet in height and no more than thirty-two (32) square feet.

A ground sign may be shared by multiple businesses located separately on individual lots or parcels. The shared ground sign may be located on the lot or parcel of any of the businesses in lieu of a ground sign on the lots of the other businesses sharing the sign. Shared signage shall be limited to a monument sign six (6) feet in height and no more than sixty (60) square feet.

The design of ground signs and their support structures shall be consistent with the style of the primary building onsite and use natural elements, such as stone, wood, or similar materials.

Wall, Gallery, or Awning Signs. Wall signs shall be limited to no more than thirty-two (32) square feet per façade and be limited to wall surfaces parallel to the roadway frontage and parking areas. Where two (2) or more non-residential buildings are located on the subject property, wall signs shall not exceed twenty (20) square feet per building and up to sixty (60) square feet total.

Signs painted on, attached to, or otherwise permanently displayed on a canopy or awning shall be allowed, provided no such sign exceeds twenty (20) percent of the area of each awning or canopy (top plus all sides). Such signs shall count towards the maximum allowable wall signage for the building.

Hanging Signs. In addition to allowable wall and ground signs, buildings containing a porch, gallery, or promenade may erect one (1) hanging sign per covered building entrance. Hanging signs must not project beyond the footprint of the gallery, canopy, or awning and must be rigidly fixed (no swinging parts) to the underside of the structure. No individual hanging sign shall exceed six (6) square feet in area. Minimum pedestrian clearance of eight (8) feet shall be provided below the sign.

(Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

403.5. Historical and Archaeological Overlay District (HA).

Purpose and Intent. Within districts now existing or hereafter created, it is intended to establish. The HA District is intended to:

Effect and accomplish the protection, enhancement, perpetuation and use of structures, landscape features, archaeological resources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the County's historical, cultural, archaeological, aesthetic and architectural heritage;

Safeguard the County's historical, cultural and aesthetic zones;

Foster civic pride in accomplishments of the past;

Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods;

Stabilize and improve property values in neighborhoods and in the County as a whole;

Protect and enhance the County's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy;

Promote the use of historic resources for the education, pleasure and welfare of the people of Manatee County;

Provide a means for determining historical and archaeological significance;

Provide a means for the Historic Preservation Board to recommend appropriate changes to historic landmarks and historical and archaeological overlay districts and to encourage historical and archaeological preservation;

10.

Provide protections for historic landmarks and historical and archaeological overlay districts to ensure that Manatee County's heritage is preserved; and

11.

Provide methods for designating historic landmarks and historical and archaeological districts.

Purposes of Regulation Relating to HA Districts. The purposes of regulations relating to HA Districts are to:

Prevent destruction of historic features and historic landmarks within HA Districts without due consideration for values represented therein or the possibility of preservation of such features for use in an economically productive way;

Assure that alterations to existing features and historic landmarks within HA Districts are compatible with the historic character of the HA District;

Assure that new structures, uses or landscape features within HA Districts or their visual environs will be compatible with the character of the HA District;

Promote the preservation of historic features and historic landmarks by providing for incentives such as, but not limited to, economically productive adaptive uses, transfer of development rights, floor area bonuses, and special regulations relating to parking, yards, and other elements of zoning authority.

Effect of HA District Designation. Such HA Districts and their designated transitional areas may either:

Supplant districts or portions of districts and the regulations applying therein at the time of creation of a particular HA District, or

Have the effect of modifying requirements, regulations, and procedures applying in existing districts or districts hereafter created, and remaining after HA Districts and their designated transitional areas are superimposed, to the extent indicated in the particular HA amendment.

Historic Preservation Board. The Historic Preservation Board as established under Section 303 of this Code shall carry out duties as assigned by this section.

Procedures for Designation and Adoption of HA Districts. All applications shall be reviewed individually as outlined in Section 303, on a case by case basis.

Criteria for Designation of HA Districts. To qualify as a historic site, historic district, or archaeological zone with an HA zoning classification, individual properties or groups of properties must have significant character, interest or value as part of the historical, cultural, archaeological, aesthetic, or architectural heritage of the county, state, or nation; must possess integrity of design, setting, materials, workmanship, feeling, and association; and shall meet one (1) or more of the following criteria.

Historical, Cultural Significance:

Is associated in a significant way with the life or activities of a major historic person important in the past;

Is the location of a historic event with significant effect upon the community, county, state, or nation;

Is associated in a significant way with a major historic event whether cultural, economic, military, social, or political;

Is associated in a significant way with a part or continuing institution which has contributed substantially to the life of the county, or

Exemplifies the historical, cultural, political, economic, or social trends of the community.

Architectural Significance:

Portrays the environment in an era of history characterized by one (1) or more distinctive architectural styles;

Embodies those distinguishing characteristics of an architectural style, or period, or method of construction;

Is an outstanding work of a prominent designer or builder; or

Contains elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the Florida environment.

Aesthetic Significance:

By being part of or related to a subdivision, park, environmental feature, or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif;

Because of its prominence or spatial location, contrasts of siting, age, or scale, is an easily identifiable visual feature of a neighborhood or the county and contributes to the distinctive quality or identity of such neighborhood or the county; or

Has yielded, or may be likely to yield, information important in pre-history or history.

Procedures for Designation of HA Districts: Preparation of Recommendations for HA Rezoning. Properties which meet the criteria for historical and archaeological overlay districts set forth above shall be designated according to the following procedures:

Preservation proposals for designation of potential historic landmarks and historical and archaeological overlay districts shall be made to the Historic Preservation Board on forms provided by the Board. The Historic Preservation Board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth above and may, if appropriate, direct the Department Director to prepare a preliminary designation report and resolution. The Historic Preservation Board shall require the party initiating such proposal to provide any necessary documentation, and to pay any applicable fees.

Preparation of historic landmark designation report. For every proposed designated historic landmark and historical and archaeological overlay districts a designation report shall be presented to the Historic Preservation Board at a regularly scheduled meeting.

The Historic Preservation Board upon approval, shall recommend Zoning Atlas Amendments to the Board for consideration subject to the requirements of Sections 303 and 342.

Description of Historical and Archaeological Overland Districts. The location and boundaries of the Historical and Archaeological Overlay Districts shall be as shown on the Official Zoning Atlas. The following general descriptions are of areas in the Historical and Archaeological Overlay District that have specific provisions relating to them in the Manatee County Comprehensive Plan.

The Whitfield Estates Historical and Archaeological Overlay District includes lands generally located south of Bowlees Creek, in Township 35, Range 17 and specifically delineated as an Historical and Archaeological Overlay District on the Official Zoning Atlas.

The Cortez Fishing Village Historical and Archaeological Overlay District includes lands generally located east of Anna Maria Sound, and north of Sarasota Bay in Township 33, Range 16 and specifically delineated as an Historical and Archaeological Overlay District on the Official Zoning Atlas.

The Terra Ceia Historical and Archaeological Overlay District includes lands generally located southwest of U.S. 19 in Township 33, Range 17 and specifically delineated as an Historical and Archaeological Overlay District on the Official Zoning Atlas.

Specific District Standards. The following standards shall apply in each historic district. Only districts for which specific standards have been developed are addressed in this section.

Cortez Fishing Village Historical and Archaeological Overlay District. The Cortez Fishing Village is established to preserve and protect the cultural heritage of the Cortez area, to recognize the continued use of the area by commercial fishing families, to encourage the preservation and reuse of existing contributing historic structures and low density non-historic structures and to preserve the historical physical character of the Village. All development requests shall be reviewed for consistency with the Cortez Design Guidelines, as incorporated in Chapter 9 of the Code.

New Construction. All new and re-construction development in Cortez shall be subject to the following requirements:

Pervious parking surface shall be required for all new uses that require off-street parking as follows: Parking lots created or reconstructed after January 1, 2005 shall include no more than fifty (50) percent of the surface as impervious material. The remainder of the parking shall be pervious paver block, #57 rock, or some other pervious material as approved by the Department Director. In every case, however, handicap spaces and their access areas shall be paved in accordance with the requirements of this Code and the Public Works Manual.

ii.

Sidewalks and curb and gutter will not be required along local streets within the boundaries of the overlay.

iii.

Schools within the overlay district are not required to screen from adjacent residential properties.

iv.

Should a maritime museum be developed within the overlay district, access shall be allowed via residential streets and parking aisles, which may be located within five (5) feet of property lines.

Docks shall be allowed as accessory uses on all waterfront properties in the LM zoning district of the Cortez Fishing Village HA Overlay District.

Special Regulations for Residential Properties. Residentially zoned and residentially developed lots in the Cortez Fishing Village Historical and Archaeological Overlay District, hereinafter referred to as Cortez or the Cortez Fishing HA Overlay District, shall be subject to the following special regulations:

Exemptions. Certain exemptions on residentially zoned and residentially used lands are made for Cortez to recognize the unique development patterns of Cortez and to allow the continuance of commercial fishing practices that have been characteristic of the area for over one hundred ten (110) years.

(a)

Commercial fishing vessels may be parked in front and side yards of vessel owner's residential lot in conformance with the requirements of the Manatee County Property Maintenance Code.

(b)

Storage of commercial fishing equipment in yards is allowed as provided in the Manatee County Property Maintenance Code.

(c)

For the purposes of this Code, Cortez shall be treated as part of the Urban Core as identified in the Comprehensive Plan and those lots meeting the standards of this section shall have reduced side yard setbacks. Homes which would be considered legally non-conforming due to side yard setbacks may be renovated and expanded at existing side yard setbacks provided that the renovation, expansion or addition meets the standards of Sections 107.6.A and B.

ii.

Restrictions. The following design standards shall apply to residentially zoned and residentially used lands to protect the existing neighborhood character within the Cortez Fishing Village Overlay District.

(a)

New and relocated homes constructed in Cortez are prohibited from using fill to elevate except in cases where the existing grade of the lot on which the structure is to be built is below the grade of adjacent lots. If the existing lot is below the grade of adjacent lots, the lot may be filled to the average height of adjacent lots. Concrete slabs on the ground level shall be discouraged and pervious surface encouraged for all parking and driveways.

(b)

New residential construction shall be limited in height to no more than twenty-four (24) feet over Flood Protection Elevation.

Special Regulations for Commercial Properties. Commercial properties within the Overlay along Cortez Road shall be subject to the following limitations.

Design of new and redeveloped commercial properties in the Cortez Fishing Village HA Overlay shall be in conformance with the Cortez Design Guidelines Manual and shall include:

(a)

Properties shall be developed with no more than one (1) aisle of parking between the building and the street. Parking shall be provided in the rear yard of commercial development that abuts Cortez Road.

(b)

The street facade of new commercial structures facing Cortez Road shall be broken up to look like a series of smaller structures, rather than one (1) long unbroken facade. Added elements such as porches and windows shall recall proportions found in other structures in Cortez.

(c)

Front entrances shall be of pedestrian friendly scale and be visible from Cortez Road.

(d)

New commercial construction shall be limited in height to no more than twenty-four (24) feet over Flood Protection Elevation.

ii.

All commercial projects in Cortez shall meet the landscaping requirements found in Section 701.

Special Regulations for Waterfront Properties. For new development or redevelopment on the Cortez Waterfront each project shall consist of a mixture of uses and is subject to the following regulations:

Commercial fish houses are exempt from the twenty-five (25) feet waterfront yard setback.

ii.

Development of the South Cortez waterfront, which includes all land contiguous to Sarasota Bay between 124th Street West and the east side of 119th Street West shall be limited to water-dependent uses and the following additional uses: Commercial fish houses; boat building and repair; aeration/shellfish aquaculture; marine research and development; low intensity recreation; maritime museums; restaurants; bed and breakfasts in existing homes, and residential development. Watercraft based hotels shall be prohibited.

iii.

Development of the West Cortez waterfront, which includes all land contiguous to Sarasota Bay between the Cortez Bridge and the east side of the end of 125th Street West shall be limited to water-dependent uses and the following additional uses: Commercial fish houses; boat building and repair; aeration/shellfish aquaculture; marine research and development; low intensity recreation; maritime museums; restaurants; residential development as allowed by the LM Future Land Use Category; RV Parks; small tourist cottages, compatible in size, intensity, and density to current development and set back from the water.

iv.

Marinas and other permitted uses within the Cortez Fishing Village HA Overlay shall be subject to other requirements of this Code and to the following limitations:

(a)

Marinas shall be limited in size to no more than twenty-five (25) wet slips.

(b)

Enclosed dry storage and elevated storage of multiple boats and watercraft shall not be allowed.

(c)

Hotels, motels and other tourist-oriented uses will not be allowed.

(d)

Personal watercraft rentals, airboat rentals or other rentals or amusements that increase noise levels coming from the water will not be allowed.

(e)

Public address systems, unless required by law, shall not be permitted on the South Cortez waterfront.

(f)

Marinas shall participate in the Clean Marina Program.

(g)

No marina activity shall significantly increase traffic by more than ten (10) percent of a base line traffic county (established in 2005) on residential streets in Cortez but shall attract trips from the water, rather than from streets.

(h)

Hours of operation of the marina and accessory services of the marina shall be between sunrise and sunset unless otherwise approved, and shall respect the residential character of surrounding neighborhood,

(i)

Privacy fencing and landscaping that block views of the water (or that negatively impact the open space character of Cortez) shall be prohibited. All fencing shall be shown on Preliminary and Final Site Plans for approval.

(j)

New construction shall be limited in height to no more than twenty-four (24) feet over Flood Protection Elevation.

403.6. Historic Vista Protection Area Overlay.

Purpose and Intent.

To protect and perpetuate certain vistas for designated public places within the County in the interest of County, State, and National pride and the general welfare of the people.

Preserving such vistas will protect and enhance the County's attraction to tourists and visitors and the overall visual quality of the County.

That those designated areas should be established by protecting such vistas from avoidable visual encroachment and physical obstruction.

Designated Areas.

Those areas designated for historic vista protection area [are] as follows:

Desoto National Memorial Park; and

Gamble Plantation State Historical Site.

An area constituting a five hundred (500) foot radius and semi-radius (Desoto Memorial) from the property lines of the designated sites above and any other viewshed directly associated with the purpose of designation. These viewsheds will be graphically delineated and on file.

Review.

All projects, including new construction, modification of existing structures, design changes and landscaping especially involving cutting of vegetation or other similar type activities, shall be reviewed and approved by the Historic Preservation Board, by Certificate of Appropriateness per Section 347 of this Code. The Board will coordinate with and consider the comments of agencies with jurisdiction over designated areas.

All projects located in historic viewsheds shall be reviewed for visual impacts. This review will include but will not be limited to:

Height;

Waterfront structures (length, location and height);

Location;

Design;

Scale;

Color; and

Historic Compatibility.

Changeable copy signs required to be reviewed by the Board pursuant to Chapter 6, shall be reviewed based upon the above criteria, numbers 1 through 7.

Criteria for Designation of Historic Vista Protection Areas. To qualify as an Historic Vista Protection Area, the historical integrity of such historic resource under consideration must have the potential of being affected by development within the views of or by the historic resource.

Procedures for Designation of Historic Vista Protection Areas. Properties which meet the purpose and intent for Historic Vista Protection Areas set forth above may be designated according to the following procedures:

Preservation proposals for designation of potential Historic Vista Protection Areas shall be made to the Historic Preservation Board on forms provided by said Board. The Historic Preservation Board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth above and may, if appropriate, direct the Department Director to prepare a preliminary designation report. The Historic Preservation Board shall require the party initiating such proposal to provide necessary documentation, and to pay any applicable fees.

Preparation of Historic Vista Protection Area designation report. For every proposed Historic Vista Protection Area, a designation report shall be presented to the Historic Preservation Board at a regularly scheduled meeting.

The Historic Preservation Board, upon approval, shall recommend a Land Development Code Text Amendment with appropriate notice, to the Planning Commission and Board for consideration subject to the requirements of Sections 303 and 341.

Figure 4-5: Desoto Memorial

Figure 4-6: Gamble Mansion

403.7. Duplex Access Overlay District (DA).

Purpose and Intent. To increase opportunities for home ownership in areas which experience decline or are targeted for neighborhood improvement through the sale of duplexes to individuals as single family semi-detached units, the intent of this overlay district is to provide relaxed requirements regarding frontage and access limitations. Specifically, the purpose of this district is to allow an existing duplex, where the side of duplex faces the street, and therefore the rear unit does not have frontage on any street, to be split into two (2) single family semi-detached units, consistent with all provisions of the Code.

Boundaries. The Duplex Access Overlay District corresponds to the area outline in the Official Zoning Atlas.

Frontage and Access Requirements. The rear units of existing duplexes, where the side of the duplex faces the street (and therefore the rear unit does not have frontage on any street), which are split into two (2) single family semi-detached lots, are excepted from the provisions of Section 401.3.B.4, Minimum Front Lot Line, and 1001.1.C.5.a, provided that:

The rear, semi-detached unit is granted a non-exclusive ingress/egress, utility and drainage easement from the attached lot which fronts on the street;

An appropriate party wall agreement is provided; and

The common wall meets all Florida Building Code requirements.

If the parking for the rear lot is located on the front parcel, additionally, a parking easement shall be required to be granted to the rear lot.

403.8. Coastal High Hazard Area Overlay District (CH).

Purpose. It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to implement the goals, objectives and policies of the Comprehensive Plan CH Overlay and Coastal Management Element.

The approximate boundaries of the CH District are indicated on the Official Zoning Atlas Map. The extent and coverage of the area designated as a Coastal High Hazard Area is subject to a more precise determination for any project based on an evaluation of a predevelopment topographic survey of the site submitted to the Manatee County Department Director for review. Should such an evaluation of the topographic survey indicate that the extent of the CH District is somewhat different than what is indicated on the Official Zoning Atlas Map, the predevelopment topographic information will prevail without the property owner having to pursue an amendment to the Atlas Map.

Effect of Mapping/Approvals Required. All properties or portions of properties within the Coastal High Hazard Overlay District are subject to the standards and procedures outlined in this section and Section 802, Floodplain Management.

Any project requiring subdivision construction drawing approval which is at least partially within the Coastal High Hazard Overlay District shall be submitted for approval under the planned development review procedure, except for lands owned, leased or operated by the Manatee County Port Authority which is governed by the PDPM district.

For projects partially in the Coastal High Hazard Overlay District area, the standards of the district shall only apply within the confines of the district.

Prohibited Uses/Activities. The following uses are prohibited within the Coastal High Hazard Overlay District, regardless of the underlying zoning district.

New mobile home developments.

Acute care medical facilities.

Uses which generate, store, or dispose in excess of 45.4 lbs. of hazardous, or 0.45 lbs. of acutely hazardous waste materials per month. As used in this section, hazardous and acutely hazardous waste materials shall be defined as substances listed in 40 CFR 261 and adopted within Chapter 17-30, Florida Administrative Code, and F.S. § 403.7.

New wastewater treatment plants that will adversely affect coastal receiving waters.

Non-water dependent development activities in submerged areas containing significant seagrass habitats except where necessary to facilitate the continuing use of existing channels, to correct environmental problems caused by limited tidal circulation or other deficiencies of the environmental system or in cases of overriding public interest as determined by the Board of County Commissioners.

Development which requires the issuance of a point source discharge permit for discharging into receiving waters which flow into a "prohibited" Department of Environmental Protection shellfish harvesting classification area, except where the "prohibited shellfish harvesting" classification is entirely due to potential for contamination by sewage effluent in areas receiving effluent discharge.

The dredging and filling of submerged lands, except for uses classified and prioritized as water-dependent. Dredging and filling for other uses may be considered upon a finding of overriding public interest by the Board. All dredge and fill activities within or adjacent to the Terra Ceia Aquatic Preserve shall be submitted to the Department of Environmental Protection for comments which shall be considered by the Board during project review. For those projects which require dredging or filling activities, an operational plan shall be prepared to prevent degradation of adjacent waters, and to assure placement of soil material on suitable upland areas.

The alteration of coastal wetlands except in instances of proposed water-dependent uses, or in cases of overriding public interest, such as natural resources restoration activities, the location of public access facilities for public recreational facilities. Any alteration shall be subject to mitigation criteria.

The removal or manmade alteration of sand dunes within the CH District is prohibited unless it can be shown that such removal or alteration would not increase potential flood damage, damage to plant life or increase soil erosion. Under no circumstances shall any use and/or development be permitted which adversely affects the capacity of the channels of any watercourse, drainage ditch and/or other drainage facility in the Coastal High Hazard Overlay District.

10.

New asphalt processing and recovery plants and concrete processing and recovery plants shall be prohibited.

Limitations on Permitted Uses. The use of land shall be permitted in accordance with the provisions of the underlying district subject to the following additional restrictions on density and use:

All development approvals within the CH District shall be conditioned to require the removal of all nuisance exotic plant species.

Densities for single and multi-family boat docking facilities on lots created after the effective date of the Comprehensive Plan shall be limited to no more than one boat slip for every one hundred (100) feet of shoreline owned unless designated and used for "sailboat only." Property shall have a minimum of one hundred (100) feet along shoreline to receive dock approval. All sailboat only slips shall be clearly posted with a minimum of one (1), three-square-foot weather resistant sign per slip.

Docking facilities in excess of twenty-five (25) slips shall have basins designated and posted as idle speed zones and access channels designated as slow speed zones.

The density and intensity of development in the CH district shall be governed by the policies of the Comprehensive Plan. As permitted by the Comprehensive Plan, clustering and transferring of density and intensity out of the CH district is encouraged.

Setback Requirements and Wetland Buffers.

Minimum Setback. Minimum setback lines within the Coastal High Hazard Area shall conform to both the Coastal Control Construction Line, where designated by the Department of Environmental Protection and the wetland buffer established in this subsection.

Wetland Buffer Adjacent to Special Waters. Wetland Buffer zones of fifty (50) feet shall be required from the post-development jurisdictional wetlands on the development sites within the Coastal High Hazard Area Overlay District which are adjacent to any Special Water as designated in accordance with Section 17-302.700 F.A.C. All lots meeting the Special Exception requirements of Section 103.2.A of this Code shall not be required to meet the wetland buffers of this section.

Wetland Buffer zones for other waters shall be thirty (30) feet. Projects that have Special Exemption Status under Section 103.2 of this Code are exempted from this wetland buffer.

Upland Preservation. Land developments within the Coastal High Hazard Area shall preserve representative tracts of native upland vegetative communities.

The size and type of tract to be preserved shall be determined after review of the site, the proposed use for the property, and the viability of preservation.

Application Submission Requirements. In addition to the materials required to be submitted with an application for planned development and floodplain management approval, the applicant shall submit the following.

Evaluation of the impact of the proposed development on hurricane shelter capacity and evacuation clearance times.

Description of special standards for the design and construction of all infrastructure associated with the project intended to minimize risks of damage to such infrastructure, where increased risks of damage due to coastal flooding or wave action can be reasonably anticipated.

A preliminary wetland survey.

A signed and sealed survey or a delineation performed by a professional qualified for this purpose shall be provided with Development Concept plan, preliminary subdivision plan, or site development plan, whichever occurs first.

Upland Community Identification. Prior to approval of Development Concept plan or preliminary subdivision plat the applicant shall identify native upland communities located within project boundaries.

Upland preservation. Based upon Development Concept plan or preliminary subdivision plat, fifty (50) percent of the required minimum open space exclusive of areas used for surface water retention/detention shall be retained in the natural vegetation of native upland communities including understory vegetation. If the native upland community areas are less than fifty (50) percent of the required minimum open space exclusive of surface water retention/detention areas, then all of the vegetation shall be retained.

The location of any existing seagrass habitat contained within the proposed development site or within fifty (50) feet of the development site boundaries.

The location, size and type of native upland vegetative communities found on the development site.

The general location of all identified historical resources shown on an appropriate site map including information regarding evidence of on-site historical resources. Site Development plans must show all identified historical resources within the project boundaries and include a plan to ensure the continued protection of such resources and/or provide for the mitigation of adverse impacts upon them.

Other documents, as determined by the Department Director, that are necessary to establish that the performance standards for projects within the Coastal High Hazard Area Overlay District are met.

Review Criteria. Applications will be reviewed for compliance with the Floodplain Management Section 802 and other applicable flood control regulations. Development orders for projects located within the Coastal High Hazard Area Overlay District shall not be approved unless the following standards are met:

The project minimizes the disturbance of natural shoreline resources that provide shoreline stabilization and protect landward areas from the effects of storm events.

The proposed development will not adversely affect existing seagrass habitats.

A Hurricane Evacuation Plan has been prepared in accordance with the requirements of the Division of Emergency Management.

The project conforms to adopted standards for available hurricane shelter capacity and evacuation clearance times.

Provision has been made for the use of special assessments within the CH District to recoup expenditures for repair of storm related damage to public and private infrastructure within a reasonable time.

Provision has been made for notification to prospective residents and businesses that specific standard and additional costs may be associated with the development project. This notification shall be recorded to run with the land.

Provision has been made for the preservation of a representative area of predevelopment natural vegetative communities.

Developments which will discharge into receiving waters flowing into a "Conditionally Approved" or "Approved" DEP Shellfish Harvesting Area have demonstrated that water quality non-degradation for all applicable parameters will be met. Non-degradation will be assumed when compliance with State Outstanding Florida Water criteria is achieved.

Developments adjacent to the boundaries of the Terra Ceia Aquatic Preserve will not result in significant degradation of water quality, shoreline, or estuarine habitat that is either attributable to the development alone or in combination with other developments.

10.

The cumulative effect of the proposed development and existing development will not have a significant impact on adjacent natural resource reservation areas.

11.

Provision has been made for the protection of identified historic resources and/or for the mitigation of impacts upon such resources.

Reconstruction of Structures. When any habitable structure sustains substantial damage due to a natural disaster, the habitable structure shall be relocated to a new location that is outside of the Coastal High Hazard Overlay District provided that sufficient land is available on the subject parcel for such relocation.

Warning and Disclaimer of Liability. The degree of protection required in this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. This section does not imply that land outside the CH District will be free from flooding or flood damages. This section shall not create liability on the part of Manatee County or any officer or employee thereof from damages that result from reliance on this section or any administrative decision made thereunder.

Cumulative Impacts. All applications within five hundred (500) feet of natural resource reservation areas as defined in the Comprehensive Plan shall be analyzed for the following:

The density/intensity of existing or planned development adjacent to the natural resource area.

Direct or indirect impacts from existing adjacent development upon the natural resource area.

Estimation of direct or indirect impacts which may result from the proposed application.

Compatibility of proposed application to any management plan for the affected natural resource area and to other aspects of the Manatee County Comprehensive Plan.

The extent to which mitigation measures may compensate for adverse impacts from the proposed application.

Development adjacent to Terra Ceia Aquatic Preserve. In addition to the requirements of subsection J above, all proposed development applications within five hundred (500) feet of the Terra Ceia Aquatic Preserve boundary shall be reviewed by the Florida Department of Environmental Protection and Manatee County Pollution Control Unit for the following aspects:

Consistency with the objectives of the Terra Ceia Aquatic Preserve Management Plan.

The extent to which hydrologic and biologic functions would adversely impact the quality or utility of the preserve.

Existing water quality with respect to Class II and/or Outstanding Florida Waters (OFW) criteria.

Predicted effect from proposed development application upon Class II and/or OFW criteria for affected areas within the Terra Ceia Aquatic Preserve.

Applicant shall be required to conduct surface water quality monitoring program approved by Manatee County Pollution Control Unit, and submit annual reports to the Department Director beginning at the time of Building Permit issuance.

The provisions of Subsection 403.8 shall not apply to a postdisaster temporary dwelling with a valid temporary use permit that meets the requirements specified in Subsection 521.11 of this Code during the period of time such temporary use permit remains in effect.

(Ord. No. 14-35 , § 2, 6-17-14)

403.9. Special Treatment Overlay District (ST).

Purpose and Intent. The Special Treatment Overlay District is established to: (1) provide additional protection for specific areas of, or resources in, the County that are especially sensitive to or subject to damage by industrial, mining and major earthmoving activities; (2) provide procedures whereby Best Possible Technology designed to protect the public health, safety and welfare can be established; (3) permit all beneficial uses of such lands consistent with standards and objectives of underlying or otherwise applicable zoning; and (4) otherwise implement the stated purpose and intent of this Code. This district shall be applied and operate in conjunction with any other zoning district in which such lands are classified, and that such lands may be used as permitted by such other zoning districts except as limited or qualified by the requirements of such districts or of the Special Treatment Overlay District.

Definitions.

Best Possible Technology. The most advanced technology which provides the maximum protection possible for the public health, safety, and welfare and which minimizes to the greatest degree possible any adverse impacts from industrial uses, mining activities or major earthmoving activities, in the Special Treatment Overlay District. Best Possible Technology may include, but is not limited to: innovative reclamation techniques, augmentation of public water supplies that could be adversely affected by mining activities; construction of secondary containment structures or other measures to ensure against catastrophic failure of primary containment structures; construction of below grade clay settling ponds; elimination of mine site rock dryers; and zero point discharge; provided however, such requirements shall not be applied if the applicant demonstrates that they are technologically infeasible. In ascertaining the Best Possible Technology, economic disadvantages shall only be considered relevant when analyzed in relation to other applicants conducting industrial uses, mining activities, or major earthmoving activities authorized after the effective date of this amendment in other areas designated for Special Treatment.

Industrial Use. The industrial land uses identified allowed in the LM and HM zoning districts.

Major Earthmoving. Major earthmoving as defined in this Code.

Mining Activities. All functions, work, facilities, and activities in connection with the development, extraction, drying, transporting or processing of mineral deposits and all uses reasonably incidental thereto. The definition of mining activities also includes reclamation of lands disturbed by oil, natural gas, or mineral extraction operations incidental thereto.

Exemptions. All agricultural activities and earthmoving operations accessory to these activities are expressly exempted from the requirements of this Overlay District.

Considerations in the Review of Atlas Amendments. In addition to the provisions in Section 342 of this Code, the following factors shall be considered as part of the review of proposed designation of lands as a Special Treatment Overlay District:

The environmental characteristics in an area which require special treatment to protect them from adverse impacts of industrial, mining or major earthmoving activities;

Archaeological or historic characteristics in an area which require special treatment to protect them from the adverse impacts of industrial, mining or major earthmoving activities;

Important public facilities or resources and their location and proximity to proposed industrial, mining, or major earthmoving activities;

The cumulative impacts of industrial, mining and major earthmoving activities which can reasonably be expected to occur in an area; and

The impact of industrial, mining, or major earthmoving activities in a particular area on the public health, safety, or welfare.

Use Regulations. Specific uses may be permitted in this district as allowed by otherwise applicable zoning requirements or districts in which the particular land has also been classified, subject to the following use limitations:

Restrictions on Industrial, Mining and Major Earthmoving Activities. The designation of a Special Treatment Overlay District by the Board shall create a rebuttable presumption against industrial, mining and major earthmoving uses within such district. However, nothing in this section should be construed to bar the Board, upon the required showing, from authorizing such uses or from issuing approvals or permits in an area so designated.

Conditions for Approval of Industrial, Mining and Major Earthmoving Activities. An applicant seeking to initiate industrial, mining or major earthmoving activities in a Special Treatment Overlay District may rebut the presumption against such uses by affirmatively demonstrating that the applicant will employ Best Possible Technology and that such uses will not otherwise be contrary to the public health, safety, and welfare. Submission of information in accordance with Section 322.1, Application Requirements; (2) major earthmoving at the time of application in accordance with Section 702; and/or (3) extraction at the time of application for Master Mining Plan in accordance with the Manatee County Phosphate Mining Code (Chapter 220, Code of Ordinances). Whether such presumption has been rebutted shall be determined by the Board after notice and hearing in accordance with this Code.

Determination of Best Possible Technology.

An applicant seeking to establish the Best Possible Technology for industrial, mining, or major earthmoving activities in a Special Treatment Overlay District, shall provide the Director with the following information in addition to any other information deemed relevant by the applicant, or otherwise required under this Code:

A description of the technologies being used or proposed for similar industrial, mining, or major earthmoving activities;

ii.

Review of current literature relating to technologies being used or proposed for similar industrial, mining, or major earthmoving activities;

iii.

The applicant's proposed determination of the Best Possible Technology achievable for the applicant's activities in the Special Treatment Overlay District; and

iv.

The technical basis for determining the applicant's proposed Best Possible Technology, considering each of the potentially applicable technologies including the factual bases for determinations regarding technological feasibility.

Following receipt of all required information, the Board shall determine the Best Possible Technology. In making the Best Possible Technology determination, the Board shall consider:

The specific factors herein enumerated in this section;

ii.

All information submitted by the applicant;

iii.

All scientific, engineering, and technical materials; standards, guidelines, and requirements of other information available to the Board;

iv.

The archaeological, environmental, and economic impact of the proposed activities on the public health, safety and welfare; and

Economic disadvantages shall only be considered relevant when analyzed in relation to other activities, or major earthmoving activities authorized after the effective date of this amendment in other areas designated for Special Treatment.

Effect on Other Laws. The requirements of the Special Treatment Overlay District are intended to be minimums and shall not abrogate, repeal, or adversely affect the requirements of other applicable federal, state or county laws, or county zoning requirements.

403.10. Watershed Protection Overlay Districts (WP).

Purpose and Intent. The WP Overlay District is established to:

Protect the quality and quantity of potential and existing potable water supplies within public surface water reservoirs and their watersheds within the unincorporated area of the County;

Provide performance standards and best management practices designed to achieve such water quality and quantity protection;

Permit the beneficial use of such lands consistent with such standards, practices, and objectives;

Provide additional protection for specific areas of, or resources in, the County that are especially sensitive to or subject to damage by industrial mining, and major earthmoving activities;

Provide procedures whereby Best Possible Technology designed to protect the public health, safety and welfare can be established; and

Otherwise implement the stated purpose and intent of this Code.

It is further intended that this district shall be applied and operate in conjunction with any other zoning district in which such lands are or may hereafter be classified, and that such lands may be used as permitted by such other zoning districts except as limited or qualified by the requirements of the WP District regulations set forth below.

Should an evaluation of a topographical survey submitted by the applicant indicate that the extent of the watershed (WPE, WPM) district is somewhat different than what is indicated on the Official Zoning Atlas Map, the predevelopment topographic information will prevail without the property owner having to pursue an amendment to the Atlas Map.

Designated Watershed Overlay Districts. The following have been designated as WP Overlay Districts and are depicted on the Official Zoning Atlas:

• Evers Reservoir Watershed Protection Overlay District (WPE); and

• Lake Manatee Reservoir Watershed Protection Overlay District (WPM).

Use Limitations and Standard. Specific uses may be permitted in this district as allowed by the underlying zoning district in which the particular land has been classified, subject to the following requirements; provided, however, that lands with stormwater runoff not discharging either directly or indirectly through surface watercourses of the surficial aquifer leading to said reservoirs, and which do not have the potential for such discharge during a twenty-five-year storm through failure of natural or artificial control structures or systems, shall be exempted.

Agricultural Uses. All agricultural uses in the WP-E or WP-M overlay districts shall require Development Review Committee review and approval regardless of the underlying zoning classification.

Public Sewer Required (WPE only). Any project within the WPE district which generates wastewater shall use the Manatee County public sanitary sewer system, unless one of the following are applicable:

The proposed project is located entirely within the Agricultural/Rural (AG/R) category on the Future Land Use Map;

The proposed use consists of a single family dwelling unit located on a lot of record which is not subject to any change in property boundary lines during the development of the proposed land use; or

The proposed project is to be developed without generating a requirement for either subdivision review, or site development or development plan review.

Septic Tanks and Drainfields. The isolated single family dwellings which are permitted septic tanks shall meet the following requirements:

All new septic tanks and drainfields shall be located a minimum distance of two hundred (200) feet from the Ordinary High Water Mark (OHWM) of all surface water bodies that directly or indirectly discharge into a reservoir or surface water tributaries thereof and a minimum of five hundred (500) feet from the OHWM or a minimum of fifty (50) feet from the tributary stream valley, whichever is greater, in areas with an average depth to water table less than three (3) feet in September; and

All new septic tanks and associated drainfields shall be located no closer than two hundred (200) feet to any DEP jurisdictional wetland, including inflowing watercourses. All new septic tank drainfields shall be elevated no less than thirty-six (36) inches above the seasonal high water table.

Stormwater Management. Stormwater management shall comply with Section 801.

Stormwater Runoff (WPM only). Stormwater runoff from a site shall not cause the receiving body of water to violate applicable Federal, State and local water quality standards. Developers may meet this requirement by appropriate analyses of their proposed stormwater management systems, by compliance with best management practices for stormwater runoff in the WPM District as established in the Manatee County Development Standards, or as otherwise approved by the Department consistent with the Manatee County Comprehensive Plan. Refer to Section 801, Stormwater Management, for specific performance standards.

Restrictions on Industrial, Mining and Major Earthmoving Activities. The designation of a Watershed Protection Overlay District by the Board shall create a rebuttable presumption against industrial, mining and major earthmoving uses within such district.

However, no application for development approval shall be approved for any mining, major earthmoving, or minor earthmoving activity which would violate applicable Federal, State and local discharge standards, including Sections 801 and 706, or cause the receiving body of water to exceed applicable water quality standards.

Conditions for Approval of Industrial, Mining and Major Earthmoving Activities. An applicant seeking to initiate industrial, mining or major earthmoving activities in a Special Treatment Overlay District may rebut the presumption against such uses by affirmatively demonstrating that the applicant will employ Best Possible Technology and that such uses will not otherwise be contrary to the public health, safety, and welfare. Submission of information in accordance with Section 322.1, Application Requirements; major earthmoving at the time of application in accordance with Section 316, and/or extraction at the time of application for Master Mining Plan in accordance with the Manatee County Phosphate Mining Code (Chapter 220, Code of Ordinances). Whether such presumption has been rebutted shall be determined by the Board after notice and hearing in accordance with this Code.

Determination of Best Possible Technology. An applicant seeking to establish the Best Possible Technology for industrial, mining, or major earthmoving activities in the WP District, shall provide the Director with the following information in addition to any other information deemed relevant by the applicant, or otherwise required under this Code:

A description of the technologies being used or proposed for similar industrial, mining, or major earthmoving activities;

ii.

Review of current literature relating to technologies being used or proposed for similar industrial, mining, or major earthmoving activities;

iii.

The applicant's proposed determination of the Best Possible Technology achievable for the applicant's activities in the Special Treatment Overlay District; and

iv.

The technical basis for determining the applicant's proposed Best Possible Technology, considering each of the potentially applicable technologies including the factual basis for determinations regarding technological feasibility.

Following receipt of all required information, the Board shall determine the Best Possible Technology. In making the Best Possible Technology determination, the Board shall consider:

The specific factors herein enumerated in Section 342.3 of this Code, "Review Criteria for Zoning Map Amendments," above;

ii.

All information submitted by the applicant;

iii.

All scientific, engineering, and technical materials; standards, guidelines, and requirements of other information available to the Board; and

iv.

The archaeological, environmental, and economic impact of the proposed activities on the public health, safety, and welfare.

Industrial Waste. Non-residential/non-agricultural development which requires a Chapter 17-4 Florida Administrative Code construction or operating permit for industrial waste treatment shall demonstrate that there will be no water quality degradation or adverse water quantity impact.

Hazardous Waste.

No agricultural or land development activities shall dispose or store hazardous materials in excess of two hundred twenty (220) pounds or acutely hazardous material in excess of 2.2 pounds per month. This does not apply to the application of herbicides or pesticides to agricultural lands in a manner consistent with applicable regulations and storage required preceding such application.

No storage area for hazardous or acutely hazardous material may be located within the One Hundred (100) Year Floodplain of any inflowing watercourse or within two hundred (200) feet of the Department of Environmental Protection jurisdictional line of any inflowing watercourses, whichever is greater.

All applications for site plan approval shall show the location and quantity of all proposed storage areas for hazardous or acutely hazardous material.

All storage of hazardous material by new development shall be kept in non-discharge storage facilities as may be required by Section 702.2.

Nonpoint Sources. No application for development approval shall be granted where any nonpoint sources, including stormwater runoff from lands during or after mining or reclamation, will cause the receiving waterbody to violate applicable Federal, State and local water quality standards. In connection with such approvals, the Department Director may consider and require establishment and maintenance of filter strips, field borders, and other management practices.

10.

Landfills and Wastewater Treatment. New sanitary landfills and wastewater treatment plants require a finding of overriding public interest from the Board.

11.

Treated Effluent and Sludge. Disposal of treated effluent from a public wastewater plant or the disposal of any sludge is prohibited; however, beneficial reuse of reclaimed water from any public wastewater treatment plant shall be allowed in the WPE District as follows:

Such beneficial reuse of reclaimed water shall be limited to public wastewater treatment plants that attain Advanced Wastewater Treatment (AWT) Standards as defined in F.S. § 403.086 (or successor Statute), and that provide reclaimed water pursuant to Chapter 62-610 Part III, Florida Administrative Code (or successor Rule);

Such beneficial reuse of reclaimed water shall be limited to the portion of the WPE District as generally depicted on Map 4-2 entitled "BENEFICIAL REUSE AREA OF THE EVERS RESERVOIR WATERSHED"; and

Such beneficial reuse of reclaimed water shall be accomplished pursuant to a surface water monitoring program approved pursuant to an interlocal agreement entered into between the County and the public entity proposing such beneficial reuse.

Map 4-2: Beneficial Reuse Area of the Evers Reservoir Watershed.

12.

Impervious Surface Reduction. All applications for plan approval shall indicate the general location, maximum density/intensity, maximum percentage of impervious surface and type of land use for each portion of the site. Maximum effort shall be made by the developer to minimize impervious surfaces within the WP district. Included with each application shall be specifications of the measures being used to limit the amount of impervious surface that is directly connected to any drainage facility discharging into any inflowing watercourse.

13.

Aviation Facilities. General and commercial aviation facilities shall be permitted only when a finding of overriding public interest has been made by the Board.

14.

Feedlots. New confined feedlot operations shall be prohibited.

15.

Watershed Acreage/Open Space. New residential projects shall have thirty-five (35) percent landscaping/open space, and new non-residential projects shall have thirty (30) percent landscaping/open spaces, subject to the limitations of the planned development districts. All such open space shall be improved and maintained by the developer/homeowner's association.

16.

Asphalt and Concrete Plants and Recovery Facilities. New asphalt processing and recovery plants and concrete processing and recovery plants shall be prohibited.

17.

Recreational Uses. Limit recreational uses in the WP Overlay District as provided for in Section 531.40, Low, Medium and High Intensity Recreational Uses.

18.

Clay Settling Ponds. Use of any clay settling ponds within the WP watershed is prohibited.

Effect on Other Law. The requirements of the WP District are intended to be minimums and shall not abrogate, repeal, or otherwise affect the requirements of other applicable Federal, State, or County laws and regulations.

403.11. Peace River Watershed Protection Overlay District (WPR).

(RESERVED)

403.12. North Central Overlay District (NC).

Purpose and Intent. It is the purpose of this section to promote development within the North Central Overlay District which will be harmonious with the existing community and in accord with the vision of the community for its future. This purpose includes:

Preserving the look and feel of the North Central area which has been described by the community as "green," "open," "quiet," "natural," and "agricultural" as the community transitions in the manner anticipated by the Comprehensive Plan.

Striving for development that is visually attractive, compatible with the existing rural components of the community, harmonious with a small town atmosphere and the residential character of the area and respectful of the natural environment;

Utilizing characteristics of the existing landscape in the area such as clusters of native trees and vegetative screening to soften the appearance of new development;

Promoting the incremental development of a multi-use trail network connecting neighborhoods, parks, schools, shopping, and other community focal points by providing development incentives; and

Providing for safe and convenient pedestrian circulation and provide standards for building placement that will aid in enhancing the pedestrian qualities of development.

Applicability. The provisions of this section are intended to supplement the regulations in this Code. In the event of a conflict between other provisions of the Code and this section, the more restrictive of the provisions shall prevail unless where specifically provided otherwise. The provisions of this section shall apply to:

The geographic area outlined in the Official Zoning Atlas; and

Development and Substantial Improvement, as defined in this Code.

Nothing shall prevent a property owner from requesting Specific Approval, in accordance with Section 402.4, to provide an alternative to the requirements of this section.

It is recognized that there may be circumstances where property configuration prohibits complete compliance with these requirements. Additionally, it is recognized that dedications to the public may place constraints upon projects in the planning process at the time of adoption of this ordinance. These may be reasons for granting Specific Approval.

Exemptions. The following uses are exempt from the standards of the North Central Overlay District:

Houses of Worship.

Public and private schools.

Single family detached residences on existing lots of record.

Single family detached residences zoned A or A-1.

Agricultural uses.

Landscape Planting Design.

Purpose. The purpose of this section is to preserve the visual characteristics of the natural environment in the North Central Overlay District Area through the use of a diversity of native and naturalized (a non-native plant that is acclimated to this environment) plant species and informal plant arrangement in required landscape areas, and to provide physical and visual separation between neighboring developments and between developments and Major Thoroughfare Roads.

Exemptions. The following are exempt from the standards in this section:

Development that does not require Site Development Plan or Final Plat approval.

Proposed development that has obtained Development Concept Plan or Plat approval prior to April 15, 2005.

Historic sites or districts as designated by federal, state, or county governments.

Sites used primarily for agricultural purposes.

Development within the Area shown on Map 4-3: Village of Parrish.

Landscaping in accordance with the North Central Overlay Planting Manual. The North Central Overlay Planting Manual shall be adopted by the Board of County Commissioners by Resolution and may be amended by the Board from time to time by Resolution. The purpose of the manual is to offer landscape alternatives which will achieve the desired results for the North Central Overlay and which will eliminate the uncertainty to developers of proposing an alternative through the Specific Approval process.

Map 4-3: Village of Parrish

Design Standards. Required landscaping in the North Central Overlay District shall conform to the following standards:

Landscaping shall conform to the requirements of Section 701, Landscape and Screening Standards, and applicable development approvals unless otherwise provided for in this section.

Plantings in required landscape areas shall be with plant species that are native and/or naturalized to Florida. All required landscape areas shall retain existing native trees, shrubs, ground cover, and grasses to the greatest extent possible. Existing trees and shrubs meeting the minimum standards of Section 701 may be counted towards fulfilling planting requirements.

In addition to prohibited plant species listed in Section 701.4.D, the following coastal plant species shall not be planted in required landscape areas: beach sunflower; buttonwood; seagrape; and sea oxide daisy.

Native plant species typical to the vegetative communities found in non-coastal Manatee County shall be encouraged.

For landscape buffers in excess of one thousand (1,000) feet total for the entire project, a minimum of three (3) different species for each plant category (e.g., canopy tree, understory tree, and shrub) shall be planted within required landscape areas. When palm trees are used as canopy trees, a minimum of two (2) palms in a grouping will serve as the equivalent of one (1) canopy tree pursuant to Section 701. Use of palms as canopy trees shall be subject to limitations on total percentage of palms in Section 701. Additionally, if palms are used as canopy trees opacity requirements still apply.

Intermittent contouring of soil to achieve a natural appearance and to facilitate drainage and air flow in roadway and greenbelt buffers is permitted provided contouring is designed in accordance with (1)—(4) below. Contouring shall not be located in areas that would potentially affect the viability of protected trees or required vegetation. Opacity shall not be the primary purpose of contouring. Any opacity achieved through contouring shall be clearly incidental to the opacity from vegetation. Vegetation shall be the primary means of achieving opacity.

Contouring requirements:

Maximum height: Three (3) feet;

ii.

Maximum slope: Twenty (20) percent;

iii.

Maximum length of individual contours: Thirty-five (35) feet; and

iv.

No more than fifty (50) percent of the buffer length shall be contoured. Contours that overlap shall not be double counted.

Notwithstanding the provisions of this section relative to contouring in circumstances where the site is elevated or will be elevated above the adjacent roadway, the landscape buffer area shall be elevated to the flood protection elevation, except as provided below. Required landscaping shall be located above the flood protection elevation to ensure that the landscaping provides the required level of screening. In these circumstances, the elevation shall not be considered part of the permissible three-foot contour. However, such elevation is neither required nor encouraged if it would necessitate removal of existing vegetation worthy of preservation or intrusion upon significant natural features such as wetlands. In such circumstances, opacity requirements may be met by existing vegetation or new plantings below the flood protection elevation.

In required landscape areas, tree plantings shall be staggered and clustered in natural arrangements rather than in long, straight formal arrangements.

Required roadway buffers shall not count toward the total interior landscaping required for parking areas.

The survival of required plantings shall be guaranteed through performance security which will be released upon certification by a professional qualified for this purpose and approval by the Department Director that required height and opacity standards have been achieved. Upon such certification, annual reporting shall no longer be required.

Overhead power lines or detention or retention ponds shall not be located within required landscape areas or tree stands designated for preservation. Detention and/or retention ponds may be incorporated into a landscape buffer design, provided, however, that such inclusion does not change the overall required buffer either in terms of width of buffer area or overall opacity.

To avoid conflicts with buffer vegetation, lots adjacent to roadway and greenbelt buffers shall have a minimum fifteen (15) feet building setback for buildings, swimming pools, pool cages, or other structures that would potentially conflict with buffer vegetation.

To ensure that buildings and other structures on lots adjacent to roadway buffers are obscured from view from the Major Thoroughfare Road, the maximum top height of buildings or other structures shall be determined through the following equation: (Distance/3) - 3.5 feet = maximum top height where:

D is the distance between the structure and the ultimate edge of pavement of the most proximate travel lane of the Major Thoroughfare Road.

ii.

The ultimate edge of pavement shall be based on the Right-of-Way required by the Comprehensive Plan. It shall be assumed that the edge of pavement is twenty (20) feet from the edge of ROW. However, in circumstances where the twenty-foot assumption is inappropriate, the Department Director, in consultation with the Transportation Director, may establish a different measure, based on existing conditions, planned improvements, and existing or available right-of-way.

iii.

The allowable maximum top height shall be allowed to increase as portions of the building are farther from the edge of pavement.

iv.

The top building height shall be the highest point of the building, exclusive of decorative features which are exempt from the height limitations of the Land Development Code.

Building Height

For example, if a building is proposed ninety (90) feet from the edge of pavement, the maximum height at the ninety-foot mark would be twenty-six and one-half (26.5) feet.

(90/3) - 3.5 feet = 30 - 3.5 = 26.5 feet

At one hundred five (105) feet from the ultimate edge of pavement, the top of the building could be at thirty-one and one-half (31.5) feet.

Nothing in this provision shall be construed to permit building height to be greater than that authorized either elsewhere in this Code or with a specific project approval.

Vegetation within preservation areas shall remain in its natural state. Plants in required landscape areas shall be maintained in a manner that preserves the natural shape and growth characteristics of the species. Pruning that grossly alters the characteristic form of tree canopy (e.g., lollipop pruning) is prohibited.

Required stormwater and open space areas shall be located adjacent to roadway and greenbelt buffers to the greatest extent possible to enhance the buffer's capacity as visual screen and wildlife corridor. It is recognized that the placement of required stormwater facilities is dependent upon the physical characteristics of the site and the natural features such as wetlands on-site. The aesthetic contouring of stormwater retention ponds, in conjunction with other landscape features, is encouraged.

Commercial and Office Uses Roadway Buffers.

For commercial and office uses, a minimum fifty-foot wide roadway buffer shall be provided along all property lines adjacent to designated Major Thoroughfare Roads. The required landscaping in the roadway buffer, unless a landscaping design from the North Central Overlay Planting Manual is used is as follows:

• Three (3) Canopy Trees.

• Three-inch caliper as measured six (6) inches from the base of the tree, twelve-foot height, five-foot spread.

• Six (6) Evergreen Understory Trees.

• Two-inch caliper as measured six (6) inches from the base of the tree, six-foot height, three-foot spread.

• Thirty-three (33) Shrubs.

• Thirty (30) inches at time of planting.

Roadway Buffer

Buffers shall be planted in an informal, staggered arrangement. Buffers shall be entirely planted prior to first Final Plat approval.

The buffer shall provide eighty-five (85) percent opacity to a height of six (6) feet when viewed from the edge of pavement from the nearest outside travel lane of the adjacent major thoroughfare road within three (3) years from the date of the first Final Plat or Certificate of Occupancy, whichever occurs first.

For fifty (50) feet on both sides of driveway and roadway entrances, the buffer planting may be reduced to create a view window. In this area, the plantings may be reduced to the following:

Thirty (30) inches in height at time of planting;

ii.

Thirty-inch spread;

iii.

Maintained height between three (3) and four (4) feet. The landscape design shall provide for a transition from the driveway and view corridor to the more heavily planted portion of the buffer. Additional view corridors may be provided in accordance with the North Central Overlay Planting Manual; and

iv.

A minimum of eight (8) palm trees shall be planted in a staggered arrangement within the fifty-foot window. Such palm trees shall be planted with a minimum clear trunk height of fourteen (14) feet and shall not be included in the calculation of palm trees as required in Section 701.4.A of the Land Development Code.

Meandering sidewalks or trails within roadway buffers are permitted.

Roadway buffers for residential and other uses.

For residential and other non-commercial/office uses, a minimum fifty-foot wide roadway buffer shall be provided along all property lines adjacent to designated Thoroughfare Roads. The required landscaping in the roadway buffer, as specified in the following and generally depicted below, shall provide eighty-five (85) percent opacity to a height of six (6) feet as viewed from the edge of pavement from the nearest outside travel lane of the adjacent thoroughfare road within three (3) years from the date of the first Final Plat or Certificate of Occupancy, whichever occurs first.

Unless a Landscaping design from the North Central Overlay Planting Manual is used, the following plantings are required in the buffer:

Canopy trees. Three (3) canopy trees per one hundred (100) linear feet of buffer, or fraction thereof, whichever occurs first, which meet the following minimum standards:

(a)

Three-inch caliper as measured six (6) inches from the base of the tree;

(b)

Twelve (12) feet in height; and

(c)

Five (5) feet spread.

ii.

Understory evergreen trees. Six (6) understory evergreen trees per one hundred (100) linear feet of buffer, or fraction thereof, which meet the following minimum standards:

(a)

Two-inch caliper as measured six (6) inches from the base of the tree;

(b)

Six (6) feet in height; and

(c)

Three (3) feet spread.

iii.

Evergreen shrubs. Thirty-three (33) evergreen shrubs per one hundred (100) linear feet of buffer, or fraction thereof. The shrubs shall be thirty (30) inches in height. Buffers shall be planted in an informal, staggered manner. Buffers shall be entirely planted prior to the first Final Plat approval.

Meandering sidewalks or trails within roadway buffers are permitted.

Greenbelt buffers.

A twenty-foot wide greenbelt buffer shall be provided along all project lines with exception of project lines that coincide with designated Major Thoroughfare Roads. The greenbelt shall be planted with canopy trees and evergreen shrubs in accordance with the following, unless a landscape design from the Florida International Overlay Planting Manual is used:

Three (3) canopy trees (three-inch caliper as measured six (6) inches from the base of the tree, twelve (12) feet high, five-foot spread);

ii.

Thirty-three (33) shrubs (thirty (30) inches at time of planting); and

iii.

Per one hundred (100) linear feet.

Meandering sidewalks or trails within greenbelt buffers are permitted.

Exemptions.

For new residential subdivisions located in the A or A-1 zoning districts, no greenbelt shall be required.

ii.

For lot splits resulting in the creation of one additional lot, no greenbelt shall be required.

iii.

For replatting of existing lots if the total number of lots either remains the same or is reduced, no greenbelt shall be required.

Non-motorized Circulation.

Purpose. The purpose of this section is to facilitate an integrated system of sidewalks and multi-use trails (including equestrian trails) connecting neighborhoods and community focal points through regulations and incentives to encourage developer participation.

Exemptions. The following are exempt from the standards in this subsection:

Development that does not require Final Site Plan or Final Plat approval.

Proposed development that has obtained Preliminary Site Plan or Plat approval prior to the effective date of these regulations.

Standards.

Sidewalks.

Sidewalks or an approved pedestrian way shall be installed in accordance with Chapter 10.

ii.

To promote a higher level of awareness of pedestrians, the use of alternate paving materials, landscaping, bollards, and other features which delineate pedestrian ways and street crossings shall be used.

iii.

In areas where pedestrian activity is intended, reduced intersection turning radii may be permitted to minimize the distance of roadway crossings and to reduce speeds.

Non-motorized multi-use trails. See Chapter 10.

Signs. All signs in the North Central Overlay District shall also comply with the provisions of Chapter 6, Signs, North Central Overlay District.

Nonresidential Site and Building Design.

Purpose. To provide site design standards for commercial and employment centers promoting a visual identity and a connection with the multimodal transportation network. Also, to require higher architectural design standards for those building facades that are visible from the street and parking areas, to create buildings which appeal to both pedestrians and the motoring public. The standards and guidelines will assist in reducing the overall bulk and appearance of large buildings.

Applicability. The provisions of this section shall apply to non-residential Development and Substantial Improvement, as defined in this Code, except as exempted below.

Exemptions. The following are exempt from the standards in this section:

Structures and uses that do not require Final Site Plan approval, as specified under Section 320.2.

Historic structures or districts as designated by federal, state, or county governments or other structures as deemed by Manatee County to be culturally or architecturally significant to community.

Structures used primarily for agricultural purposes.

Structures incurring damage from a disaster in the area that is ultimately declared a disaster area by the Governor of the State of Florida, the President of the United States, or the Director of the Manatee County Public Safety Department.

Expansion of existing structures in the Parrish Village as shown on Map 4-3.

Structures for which Building Permit applications have been received by the Manatee County Building Department prior to April 5, 2005.

Accessory structures such as clubhouses which are accessory internal to residential developments.

Projects with a valid Site Development Plan are exempt from the on-site pedestrian circulation and outdoor gathering space provisions of this section.

On-Site Pedestrian Circulation.

Purpose. To create pedestrian-friendly places and increase accessibility for a range of travel modes by providing distinct and conveniently located pedestrian ways that contribute to the overall design character of the site.

Buildings shall be served by walkways that directly link the building's main entrance to the street. These primary walkways must be visually distinct from parking lot and driveway surfaces and may include textured or colored materials. Paint or striping will not suffice to meet this requirement. Walkways must be functionally separate from parking lots and driveways except where they cross driveways.

Buildings shall be linked to each other by a secondary walkway system. Public sidewalks may be considered part of the walkway system if they provide convenient movement between structures.

Outdoor gathering space.

Purpose. Provide functional open space such as plazas, green spaces and focal elements for nonresidential developments that are appropriate for public gatherings, outdoor dining, open air markets, seasonal events, vendor carts and kiosks and other year round activities

Building Scale and Mass.

No retail building utilized principally by a single tenant shall exceed seventy-five thousand (75,000) square feet unless the site is located within the ROR Retail Office Residential or MU Mixed-Use Future Land Use categories of the Comprehensive Plan.

Each building face shall incorporate scale and massing-related design elements based on the building's gross square footage that equal or exceed the number of points found in Table 4-11. Projects shall be required to incorporate any combination of features as provided in Table 4-11.

Table 4-11: Point System for Building Design.

Building Size	Required Points for Each Building Face
Less than 10,000 sq. ft.	4
10,000 to 40,000 sq. ft.	5
Greater than 40,000 sq. ft.	7

Building faces which do not face customer parking areas, public streets, and which are used only as service areas may subtract two (2) points from those required.

(Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

Editor's note— See the editor's note to Table 4-7.

Table 4-12: Point System Criteria.

Design Feature	Points	Graphics
(1) Horizontal shifts for walls > 80′ in length
Width of shift > 20 percent of wall length	1
Width of shift > 30 percent of wall length	2
No walls > 80′	1
The depth of the shift shall be equal to or greater than four (4) feet. To assure that footprint shifts are evenly distributed across the building facade, shifted wall planes shall have a width proportion of between 1:1 and 3:1 of the width of adjacent wall planes on the same facade. Horizontal shifts, when required, shall be reflected by a shift or alteration in the roof design.
(2) Vertical shifts of single run of ridge, cornice, or fascia > 50′
Transition in height > 4′	1
No single runs > 50′	1
(3) Single stand of trees within 20′ of building (4 points per face maximum)
Planting bed for a single stand of trees must be a minimum of 320 square feet and 8′ in width	1
The stand may include existing or planted trees and shall be in addition to the required perimeter buffer and internal parking lot landscaping. A stand of trees shall consist of a minimum of three (3) trees, with a minimum caliper of two (2) inches, or twelve (12) feet in height. Trees may also be in separate tree wells within twenty (20) feet of the building and bed.
(4) Individual mural (maximum 3 points)
Square footage > 10 percent of wall area	1
Square footage > 25 percent of wall area	2
(5) Individual sculpture or water fountain adjacent to wall (maximum 2 points per face)
(0.25 × (perimeter + height)) > 10 percent of wall length	1
Wall area behind water plume shall count toward wall coverage percentage.
(6) Windows and doors
Square footage > 30 percent of wall area	1
(7) Canopy or awning
Length > 10 percent of wall length	1
Length > 25 percent of wall length	2
(8) Decorative masonry, distinguishable etchings or relief, pillars, or columns (refer to Figure 604.10.6.6(5))
Area covered > 10 percent of wall area	1
Area covered > 25 percent of wall area	2
Solitary line etchings given a one (1) inch wide band as credit.
(9) Visual wall terminus or cornice required on all building sides
Pitched roof with fascia	1
Parapet	1
Projecting cornice	1
(10) Vertical trellis with climbing vines or plant materials adjacent of walls
Area covered > 10 percent of wall area	1
Area covered > 25 percent of wall area	2

;hn0; (Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

Editor's note— See the editor's note to Table 4-7.

Architectural Style.

Non-residential buildings shall be designed in accordance with the North Central Overlay District Design Manual which shall be adopted by the Board of County Commissioners by resolution.

Said Design Manual may be amended from time-to-time by the Board of County Commissioners by Resolution. Amendments may be made to reflect the design concept of a particular project, provided that sufficient detail is provided to enable adequate review of the concept as applications are made.

Standardized trade or franchise styles that do not conform to the approved Design Manual are prohibited.

A multi-building complex shall achieve a unity of design through the use of similar architectural elements.

Accessory structures shall match the principal building(s) in form, color, and detailing.

Tenant-specific building styles or motifs that are inconsistent with the architectural styles in the North Central Overlay District Design Manual are prohibited.

Neon or tube lighting, exposed or concealed, shall not be used to outline architectural features.

Awnings shall not be backlit or otherwise illuminated from behind unless the awning fabric is completely opaque.

Awnings shall be limited to traditional locations over windows, walkways, and entrances or over other architectural features where weather protection is needed.

The use of reflective or mirrored windows is prohibited.

Color.

Natural colors that are representative of forested and agricultural landscapes in the North Central Area shall be used on buildings.

Base (i.e., main color of the exterior walls) colors shall be limited to the subtle earth tones. Appropriate color palettes include whites, sands, grays, light pastels, deep foliages, and rich earth colors.

Trim (i.e., fascia, cornice, window and door trim, kick panels, etc.) colors may contrast or compliment the base color but shall not be bright or bold. Using a lighter or darker shade of the base color or white are appropriate trim colors. Primary colors for trim shall be avoided.

Accents (i.e., moldings, molding indentations, medallions, shadow lines of window and doorframes, doors, etc.) may be brighter in color than the base or trim.

(Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

403.13. Whitfield Residential Overlay District (WR).

Purpose and Intent. The WR District is established to: (1) officially designate areas having special and substantial public interest in protection of existing or proposed character, or of principal view of, from, or through the WR Overlay District; (2) provide additional land use controls to protect the established, primarily residential character of that part of Manatee County previously known as the "Whitfield Zoning District."

Boundaries. The WR District corresponds generally to the area outlined as WR in the Official Zoning Atlas. This zoning classification is not intended to be applied elsewhere in Manatee County.

Use and Dimensional Regulations. In addition to, any other requirements of this Code, the following regulations shall apply to all land in the WR District used or developed for residential dwelling units on individual lots.

Front Yard Setbacks. The front yard setback shall be thirty (30) feet except that the front yard setback shall be forty (40) feet for all property platted as part of Ballentine Manor Estates Subdivision, as shown in Plat Book 2, Page 136, of the Official Records of Manatee County, Florida.

Minimum Floor Area.

• Single Family Detached: 1,400 sq. ft.

• All Other Residential: 950 sq. ft./dwelling unit.

Accessory Uses and Structures. This section applies to all residential uses.

Accessory uses and structure(s) shall not be located in any required yard other than a rear yard except for statues, arbors, trellises, flagpoles, planters, mailboxes, outdoor lighting, or similar structures; or fences in the side yard.

An accessory structure(s), when allowed, shall not occupy more than twenty-five (25) percent of a required rear yard area.

Fences and Hedges. No fence or hedge shall be erected or maintained in the front yard of a residence. Shrubbery and trees may be planted around the building foundation and may be used as accent plantings in ornamental islands and along entrance walkways or driveways. Plantings along driveways and entrance walkways shall be limited to thirty (30) inches in height. In no instance, however, shall such shrubbery or hedges be planted along front property lines or sidewalks. No fence within the WR Overlay District shall exceed six (6) feet in height.

For the purpose of the Whitfield Residential Overlay District hedge shall mean a row of closely planted shrubs, bushes, or other vegetative screening, forming a boundary or restrictive barrier.

Parking of Restricted Vehicles. No restricted vehicle, shall be parked or stored, on the streets and lands within the WR District, including front, rear and side yards, unless the vehicle is contained entirely within an attached carport or garage on the premises.

This restriction shall not prohibit the outdoor parking of:

Commercial vehicles engaged in construction, transportation, or other temporary service at the premises where they are parked.

Vehicles whose registered owner or lessee is the guest of the owner or lessee of the premises; provided however, that such parking in no case shall exceed forty-eight (48) consecutive hours nor more than seventy-two (72) accumulated hours in any one (1) thirty (30) day period.

The provisions of Subsection 403.13 shall not apply to a postdisaster temporary dwelling with a valid temporary use permit that meets the requirements specified in Subsection 521.11 of this Code during the period of time such temporary use permit remains in effect.

(Ord. No. 14-35 , § 3, 6-17-14)

403.14. Restricted Vehicle Overlay District.

Purpose and Intent. To provide for more extensive review of the location of Restricted Vehicles within any residential area, the Restricted Vehicle Overlay Districts are hereby established.

Boundaries. The Restricted Vehicle Overlay District corresponds to the area outlined in the Official Zoning Atlas.

Additional Boundaries. Specific uses may be permitted in this district in accordance with the regulations of the underlying zoning district, except as qualified herein.

No restricted vehicle may be allowed unless it is stored in a completely enclosed garage, building or is located in the rear yard of the dwelling. When located in the rear yard of the dwelling, the restricted vehicle shall be completely screened from view of any adjacent dwelling.

One commercial vehicle, one ton or less, and under nine (9) feet in height, with no attached, visible equipment or machinery when parked in the driveway.

Exemptions.

Commercial vehicles which are engaged in active on-site construction, transportation, or other temporary service for the premises where they are parked.

Outdoor parking in the driveway of restricted vehicles whose registered owner or lessee is the guest of the owner or lessee of the dwelling; provided that such parking in no case shall exceed forty-eight (48) consecutive hours nor more than seventy-two (72) accumulated hours in any one (1) thirty-day period.

Minimum District Size. Five (5) acres.

(Ord. No. 14-35 , § 4, 6-17-14)

403.15. Manufacturing Development Overlay District.

403.15.1.

Purpose and Intent. This Section establishes the Manufacturing Development Overlay District (MDO) for purposes of implementing the Local Manufacturing Development Program, established pursuant to Sections 163.325—163.3252, Florida Statutes (the "Manufacturing Competitiveness Act" or "Act"). The boundaries of the MDO and the areas of land included in the MDO shall be as set forth in Map 4-4. The MDO shall also constitute the County's master development plan eligibility area (MDPEA) for purposes of Section 357.3.

403.15.2.

Applicability. Lands included in the MDO shall be eligible to participate in the County's manufacturing development plan program, subject to and in accordance with Section 357 and the Act.

(Ord. No. 15-03 , § 5(Exh. C), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

Map 4-4

                    
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