Brevard County Unincorporated City Zoning Code
Complete index of all zoning chapters, sections, and subsections
ARTICLE I
- IN GENERAL
Sections
- Sec. 62-1.- Status of chapter.
- Sec. 62-2. - Rules of construction and definitions.
- Sec. 62-3. - Catchlines of sections, history notes and references.
- Sec. 62-4. - Authority to adopt land development regulations.
- Sec. 62-5. - General penalty; continuing violations.
- Sec. 62-6. - Additional remedies.
- Sec. 62-7. - Severability of parts of chapter.
- Sec. 62-8. - Provisions considered as continuation of existing ordinances.
ARTICLE II
ADMINISTRATION AND ENFORCEMENT
Sections
- DIVISION 1. - GENERALLY
- Sec. 62-100.1. - Administrative duties of the zoning official.
- Sec. 62-101. - Permit and inspection fees.
- Sec. 62-102. - Criteria for issuance of a residential building permit for lots abutting on private roads or unpaved roads; and for lots accessing public roads through ingress/egress easements or flag stems.
- Sec. 62-103. - Prima facie evidence.
- DIVISION 2. - LOCAL PLANNING AGENCY[1]
- DIVISION 3. - PLANNING AND ZONING BOARD[2]
- DIVISION 4. - BOARD OF ADJUSTMENT[3]
- Sec. 62-211. - Generally.
- Sec. 62-212. - Membership; appointment, term and compensation of members; alternate members.
- Sec. 62-213. - Meetings; records.
- Secs. 62-214, 62-215. - Reserved.
- Sec. 62-216. - Powers.
- Sec. 62-217. - Reserved.
- Sec. 62-218. - Judicial review of decisions; rehearing of variances by board.
- DIVISION 5. - VARIANCES
- DIVISION 6. - APPEALS
ARTICLE III
COMPREHENSIVE PLAN1
Sections
- Sec. 62-501.- Contents.
- Sec. 62-502. - Amendments.
- Sec. 62-503. - Inclusion of port authority master plan.
- Sec. 62-504. - Legal status.
- Sec. 62-505. - Administration.
- Sec. 62-506. - Appeals generally.
- Sec. 62-507. - Comprehensive plan interpretation appeal procedure; presentation of claims for regulatory takings, Bert Harris Act, or vested rights claims.
- Sec. 62-508. - Procedure for filing verified complaint regarding development order.
- Sec. 62-509. - Community commercial and neighborhood commercial boundary extensions.
- Sec. 62-510. - West Canaveral Groves area.
ARTICLE IV
CONCURRENCY MANAGEMENT1
Sections
- DIVISION 1. - GENERALLY
- DIVISION 2. - COUNTY PROPORTIONATE FAIR-SHARE PROGRAM FOR TRANSPORTATION[2]
- Sec. 62-607. - Short title, authority and applicability.
- Sec. 62-608. - Purpose and intent.
- Sec. 62-609. - Findings.
- Sec. 62-610. - Definitions.
- Sec. 62-611. - General requirements.
- Sec. 62-612. - Intergovernmental coordination.
- Sec. 62-613. - Application process.
- Sec. 62-614. - Determination of proportionate fair-share obligation.
- Sec. 62-615. - Impact fee credit for proportionate fair-share mitigation.
- Sec. 62-616. - Proportionate fair-share agreements.
- Sec. 62-617. - Appropriation of proportionate fair-share revenues.
- Sec. 62-618. - Cross jurisdictional impacts.
ARTICLE V
- IMPACT FEES
Sections
- DIVISION 2. - FIRE/RESCUE FACILITIES[2]
- Sec. 62-721.- Short title; statutory authority; applicability.
- Sec. 62-722. - Intent and purpose.
- Sec. 62-723. - Findings.
- Sec. 62-724. - Rules of construction.
- Sec. 62-725. - Definitions.
- Sec. 62-726. - Penalty; additional remedies.
- Sec. 62-727. - Severability.
- Sec. 62-728. - Imposition.
- Sec. 62-729. - Computation.
- Sec. 62-730. - Payment.
- Sec. 62-731. - Districts established.
- Sec. 62-732. - Trust funds.
- Sec. 62-733. - Use of funds.
- Sec. 62-734. - Refund of fees paid.
- Sec. 62-735. - Exemptions and credits.
- Sec. 62-736. - Review.
- Sec. 62-737. - Appeals.
- DIVISION 3. - CORRECTIONAL FACILITIES[3]
- Sec. 62-761.- Short title; statutory authority; applicability.
- Sec. 62-762. - Intent and purpose.
- Sec. 62-763. - Findings.
- Sec. 62-764. - Rules of construction.
- Sec. 62-765. - Definitions.
- Sec. 62-766. - Penalty; additional remedies.
- Sec. 62-767. - Severability.
- Sec. 62-768. - Imposition.
- Sec. 62-769. - Computation.
- Sec. 62-770. - Payment.
- Sec. 62-771. - District established.
- Sec. 62-772. - Trust fund.
- Sec. 62-773. - Use of funds.
- Sec. 62-774. - Refund of fees paid.
- Sec. 62-775. - Exemptions and credits.
- Sec. 62-776. - Review.
- Sec. 62-777. - Appeals.
- DIVISION 4. - TRANSPORTATION[4]
- Sec. 62-801.- Short title; statutory authority; applicability.
- Sec. 62-802. - Intent and purpose.
- Sec. 62-803. - Findings.
- Sec. 62-804. - Rules of construction.
- Sec. 62-805. - Definitions.
- Sec. 62-806. - Penalty; additional remedies.
- Sec. 62-807. - Severability.
- Sec. 62-808. - Imposition.
- Sec. 62-809. - Computation.
- Sec. 62-810. - Payment.
- Sec. 62-811. - Districts established.
- Sec. 62-812. - Trust funds.
- Sec. 62-813. - Use of funds.
- Sec. 62-814. - Refund of fees paid.
- Sec. 62-815. - Exemptions, credits, reimbursements, and deferrals.
- Sec. 62-816. - Review.
- Sec. 62-817. - Boundaries of districts.
- Sec. 62-818. - Fee schedule.
- Sec. 62-819. - Appeals.
- Sec. 62-820. - Findings; purpose and declaration.
- Sec. 62-821. - Applicability and refunds.
- Sec. 62-822. - Notice waived.
- Sec. 62-823. - Sunset provision
- Sec. 62-824. - Conflicting provisions.
- Sec. 62-825. - Severability
- Sec. 62-826. - Area embraced.
- DIVISION 5. - EMERGENCY MEDICAL SERVICES FACILITIES
- Sec. 62-841.- Short title; statutory authority; applicability.
- Sec. 62-842. - Intent and purpose.
- Sec. 62-843. - Findings.
- Sec. 62-844. - Rules of construction.
- Sec. 62-845. - Definitions.
- Sec. 62-846. - Penalty; additional remedies.
- Sec. 62-847. - Severability.
- Sec. 62-848. - Imposition.
- Sec. 62-849. - Computation.
- Sec. 62-850. - Payment.
- Sec. 62-851. - Districts established.
- Sec. 62-852. - Trust funds.
- Sec. 62-853. - Use of funds.
- Sec. 62-854. - Refund of fees paid.
- Sec. 62-855. - Exemptions and credits.
- Sec. 62-856. - Review.
- Sec. 62-857. - Reserved.
- DIVISION 6. - LIBRARY FACILITIES
- Sec. 62-881.- Short title; statutory authority; applicability.
- Sec. 62-882. - Intent and purpose.
- Sec. 62-883. - Findings.
- Sec. 62-884. - Rules of construction.
- Sec. 62-885. - Definitions.
- Sec. 62-886. - Penalty; additional remedies.
- Sec. 62-887. - Severability.
- Sec. 62-888. - Imposition.
- Sec. 62-889. - Computation.
- Sec. 62-890. - Payment.
- Sec. 62-891. - District established.
- Sec. 62-892. - Trust fund.
- Sec. 62-893. - Use of funds.
- Sec. 62-894. - Refund of fees paid.
- Sec. 62-895. - Exemptions and credits.
- Sec. 62-896. - Review.
- DIVISION 7. - EDUCATIONAL FACILITIES
- Sec. 62-921.- Short title; statutory authority; applicability.
- Sec. 62-922. - Intent and purpose.
- Sec. 62-923. - Findings.
- Sec. 62-924. - Rules of construction.
- Sec. 62-925. - Definitions.
- Sec. 62-926. - Imposition of educational facilities impact fee.
- Sec. 62-927. - Computation.
- Sec. 62-928. - Payment.
- Sec. 62-929. - Districts established.
- Sec. 62-930. - Trust fund.
- Sec. 62-931. - Use of funds.
- Sec. 62-932. - Refund of fees paid.
- Sec. 62-933. - Exemptions, credits and incentives.
- Sec. 62-934. - Penalty; additional remedies.
- Sec. 62-935. - Review.
ARTICLE VI
- ZONING REGULATIONS
Sections
- DIVISION 1. - GENERALLY
- Sec. 62-1101.- Short title.
- Sec. 62-1102. - Definitions and rules of construction.
- Sec. 62-1103. - Interpretation; conflicting provisions.
- Sec. 62-1104. - Conforming title designations for previous zoning regulations.
- Sec. 62-1105. - Penalty.
- Sec. 62-1106. - Additional remedies.
- Sec. 62-1107. - Severability.
- Sec. 62-1108. - Purpose and intent.
- DIVISION 2. - ADMINISTRATION AND ENFORCEMENT
- Subdivision I. - General Provisions
- Sec. 62-1151. - Amendments to official zoning map—Amendments initiated by property owner.
- Sec. 62-1152. - Same—Amendments initiated by board of county commissioners.
- Sec. 62-1153. - Administrative waiver of setback requirements by zoning official.
- Sec. 62-1154. - Administrative waiver of lot size, width or depth requirements by zoning official.
- Sec. 62-1155. - Zoning approval for business tax receipt; approval of home occupations.
- Sec. 62-1156. - Issuance of building permit for property abutting end of road right-of-way.
- Sec. 62-1157. - Submission of binding development plan in support of request for change of zoning or conditional use permit.
- Sec. 62-1158. - Certified survey requirement.
- Subdivision II. - Nonconforming Uses
- Sec. 62-1181. - Definition.
- Sec. 62-1182. - Continuation generally; enlargement, expansion or modification.
- Sec. 62-1183. - Abandonment.
- Sec. 62-1184. - Discontinuation on damage to structure.
- Sec. 62-1185. - Discontinuation of land uses not having principal structure.
- Sec. 62-1186. - Nonconforming mobile home parks.
- Sec. 62-1187. - Replacement of trailer or mobile home not located in mobile home park.
- Sec. 62-1188. - Nonconforming lots of record.
- Sec. 62-1189. - Verification of nonconforming use status.
- Sec. 62-1190. - Procedure for mitigating a nonconformity.
- Sec. 62-1191. - Amortization of pre-existing resort dwellings.
- Subdivision I. - General Provisions
- DIVISION 3. - ZONING MAPS AND CLASSIFICATIONS GENERALLY
- DIVISION 4. - REGULATIONS FOR SPECIFIC CLASSIFICATIONS
- Subdivision I. - General Provisions
- Subdivision II. - Unimproved, Agricultural and Residential
- Sec. 62-1331. - General use, GU.
- Sec. 62-1332. - Productive agricultural, PA.
- Sec. 62-1333. - Agricultural, AGR.
- Sec. 62-1334. - Agricultural residential, AU and AU(L).
- Sec. 62-1334.5. - Agricultural rural residential, ARR.
- Sec. 62-1335. - Rural estate use, REU.
- Sec. 62-1336. - Rural residential, RR-1.
- Sec. 62-1337. - Suburban estate residential use, SEU.
- Sec. 62-1338. - Suburban residential, SR.
- Sec. 62-1339. - Estate use residential, EU, EU-1 and EU-2.
- Sec. 62-1340. - Single-family residential, RU-1-13 and RU-1-11.
- Sec. 62-1341. - Single-family residential, RU-1-9.
- Sec. 62-1342. - Single-family residential, RU-1-7.
- Sec. 62-1343. - Single-family attached residential, RA-2-4, RA-2-6, RA-2-8 and RA-2-10.
- Sec. 62-1344. - Residential-professional, RP.
- Subdivision III. - Multiple-Family Residential
- Subdivision IV. - Mobile Home Residential and Recreational Vehicle Park
- Sec. 62-1401. - Rural residential mobile home, RRMH-1, RRMH-2.5 and RRMH-5.
- Sec. 62-1402. - Single-family mobile home, TR-1 and TR-1-A.
- Sec. 62-1403. - Single-family mobile home, TR-2.
- Sec. 62-1404. - Mobile home park, TR-3.
- Sec. 62-1405. - Single-family mobile home cooperative, TRC-1.
- Sec. 62-1406. - Recreational vehicle park, RVP.
- Subdivision V. - Planned Unit Developments[2]
- Sec. 62-1441. - PUD—Definitions and rules of construction.
- Sec. 62-1442. - Same—Purpose and intent.
- Sec. 62-1443. - Same—Permitted uses.
- Sec. 62-1443.5. - Same—Accessory buildings and uses.
- Sec. 62-1444. - Same—Conditional uses.
- Sec. 62-1445. - Same—Maintenance and operation of common facilities and common open space.
- Sec. 62-1446. - Same—Land use regulations.
- Sec. 62-1447. - Reserved.
- Sec. 62-1448. - Same—Approval of preliminary development plan and tentative zoning.
- Sec. 62-1449. - Same—Approval of final development plan; site plans.
- Sec. 62-1450. - Same—Review of physical layout and amenities.
- Sec. 62-1451. - Reserved.
- Sec. 62-1452. - Reserved.
- Sec. 62-1453. - Same—Termination of PUD zone.
- Sec. 62-1454. - Reserved.
- Sec. 62-1455. - Same—Transfer of development rights.
- Sec. 62-1461. - RPUD—Definitions and rules of construction.
- Sec. 62-1462. - Same—Purpose and intent.
- Sec. 62-1463. - Same—Rezoning and permitted uses.
- Sec. 62-1463.5. - Same—Accessory buildings and uses.
- Sec. 62-1464. - Same—Conditional uses.
- Sec. 62-1465. - Same—Maintenance and operation of common facilities and common open space.
- Sec. 62-1466. - Same—Land use regulations.
- Sec. 62-1467. - Same—Approval of RPUD development plan.
- Sec. 62-1468. - Same—Administrative filing of final engineered RPUD development plan; site plans.
- Sec. 62-1469. - Same—Review of physical layout and amenities.
- Sec. 62-1470. - Same—Termination of RPUD zone.
- Sec. 62-1471. - THPUD—Definitions and rules of construction.
- Sec. 62-1472. - Same—Purpose and intent.
- Sec. 62-1473. - Same—Permitted uses.
- Sec. 62-1473.5. - Same—Accessory buildings and uses.
- Sec. 62-1474. - Same—Conditional uses.
- Sec. 62-1475. - Same—Maintenance and operation of common facilities and common open space.
- Sec. 62-1476. - Same—Land use regulations.
- Sec. 62-1477. - Same—Approval of preliminary development plan and tentative zoning.
- Sec. 62-1478. - Same—Approval of final development plan; site plans.
- Sec. 62-1479. - Same—Review of physical layout and amenities.
- Sec. 62-1480. - Same—Termination of THPUD zone.
- Subdivision VI. - Commercial
- Subdivision VII. - Tourist Commercial and Transient Tourist Use
- Subdivision VIII. - Industrial
- Subdivision IX. - Special Classifications
- Subdivision II.- Permitted Uses With Conditions
- Sec. 62-1825.- Athletic complexes and stadiums.
- Sec. 62-1826. - Assisted living facilities and treatment and recovery facilities.
- Sec. 62-1827. - Automobile and motorcycle repair (major) and paint and body work.
- Sec. 62-1828. - Automobile parts (confined within a structure).
- Sec. 62-1829. - Automobile sales and storage.
- Sec. 62-1830. - Automobile tires and mufflers (new) (sales and service).
- Sec. 62-1830.3. - Bait and tackle shops.
- Sec. 62-1830.5. - Boatbuilding facilities.
- Sec. 62-1830.8. - Boat sales.
- Sec. 62-1831. - Cabinetmaking and carpentry.
- Sec. 62-1831.1. - Cattle grazing.
- Sec. 62-1831.3. - Cemeteries and mausoleums.
- Sec. 62-1831.4. - Civic, philanthropic or fraternal organizations, including art galleries.
- Sec. 62-1831.5. - Worship, places of.
- Sec. 62-1832. - Medical clinics.
- Sec. 62-1833. - Coin laundromats.
- Sec. 62-1833.5. - Contractors' offices, plants and storage yards.
- Sec. 62-1833.7. - Convenience store as accessory use to recreational vehicle park.
- Sec. 62-1834. - Crematoriums.
- Sec. 62-1834.5. - Dredged material management areas.
- Sec. 62-1835. - Dry cleaning plants, accessory to pickup stations.
- Sec. 62-1835.3. - Engine sales and service.
- Sec. 62-1835.4. - Farm machinery sales and services.
- Sec. 62-1835.4.5. - Fish camps.
- Sec. 62-1835.5. - Garage or mechanical service.
- Sec. 62-1835.7. - Gasoline service stations.
- Sec. 62-1835.8. - Gasoline service stations in the TU-2 zoning classification.
- Sec. 62-1835.9. - Group homes.
- Sec. 62-1836. - Hospitals.
- Sec. 62-1836.5. - Independent living facilities.
- Sec. 62-1837. - Landscaping businesses.
- Sec. 62-1837.1. - Learning centers.
- Sec. 62-1837.3. - Building materials and supplies.
- Sec. 62-1837.4. - Manufacturing, compounding, processing, packaging, storage, treatment or assembly of certain products.
- Sec. 62-1837.5. - Self storage mini-warehouses.
- Sec. 62-1837.6. - Minor automobile repairs.
- Sec. 62-1837.7. - Mobile home and travel trailer sales.
- Sec. 62-1837.7.5. - Mobile home residential dwelling.
- Sec. 62-1837.8. - Motorcycle sales and service.
- Sec. 62-1837.9. - Outdoor restaurant seating.
- Sec. 62-1838. - Outside sale of mobile homes.
- Sec. 62-1839. - Power plants and substations, telephone exchanges and transmission facilities, and telephone switching centers.
- Sec. 62-1839.7. - Preexisting use.
- Sec. 62-1840. - Private parks and playgrounds.
- Sec. 62-1840.5. - Railroad, motor truck and water freight and passenger stations.
- Sec. 62-1840.5.5. - Recovered materials processing facility.
- Sec. 62-1841. - Recreational vehicles.
- Sec. 62-1841.5. - Recreational vehicle park destination resort.
- Sec. 62-1841.5.5. - Resort dwellings.
- Sec. 62-1841.6. - Nursing homes.
- Sec. 62-1841.7. - Security mobile home.
- Sec. 62-1841.8. - Service station for automotive vehicles and U-haul service.
- Sec. 62-1841.9. - Single family residence.
- Sec. 62-1842. - Snack bars and restaurants.
- Sec. 62-1842.5. - Tenant dwellings.
- Sec. 62-1842.6. - Temporary living quarters during construction of a residence.
- Sec. 62-1843. - Tenant dwellings; mobile home.
- Sec. 62-1844. - Tiny house or tiny house on wheels (THOW).
- Sec. 62-1844.5. - Tourist efficiencies and hotels and motels.
- Sec. 62-1844.7. - Sewer lift stations, sewer vacuum stations, and other water and sewer utility infrastructure elements.
- Sec. 62-1845. - Warehouses.
- Subdivision III.- Conditional Uses
- Sec. 62-1901.- Generally.
- Sec. 62-1902. - Reserved.
- Sec. 62-1903. - Accessory dwelling unit.
- Sec. 62-1904. - Agricultural pursuits.
- Sec. 62-1905. - Airplane runways.
- Sec. 62-1906. - Alcoholic beverages for on-premises consumption.
- Sec. 62-1906.5. - Reserved.
- Sec. 62-1907. - Arsenals and explosives.
- Sec. 62-1908. - Reserved.
- Sec. 62-1909. - Automobile sales and storage (under one acre in the Merritt Island Redevelopment Area).
- Sec. 62-1910. - Reserved.
- Sec. 62-1911. - Reserved.
- Sec. 62-1912. - Bed and breakfast inns and boardinghouses.
- Sec. 62-1913. - Boarding of horses and horses for hire.
- Sec. 62-1914. - Reserved.
- Sec. 62-1915. - Reserved.
- Sec. 62-1916. - Cement, concrete and concrete building products.
- Sec. 62-1917. - Reserved.
- Sec. 62-1917.5. - Change of nonconforming agricultural use.
- Sec. 62-1918. - Reserved.
- Sec. 62-1919. - Reserved.
- Sec. 62-1919.5. - Reserved.
- Sec. 62-1920. - Cluster development of mobile homes.
- Sec. 62-1921. - Commercial entertainment and amusement enterprises.
- Sec. 62-1921.3. - Commercial vehicle parking at a residence.
- Sec. 62-1921.5. - Composting facility.
- Sec. 62-1922. - Reserved.
- Sec. 62-1923. - Convenience store in BU-1-A zoning classification.
- Sec. 62-1924. - Reserved.
- Sec. 62-1925. - Development rights receipt and transfer.
- Sec. 62-1926. - Electric, natural gas, water and wastewater utilities in the GML(U) zoning classification.
- Sec. 62-1927. - Farm animals and fowl.
- Sec. 62-1928. - Reserved.
- Sec. 62-1929. - Farmers' markets.
- Sec. 62-1930. - Flea markets.
- Sec. 62-1931. - Reserved.
- Sec. 62-1932. - Guesthouses or servants' quarters.
- Sec. 62-1933. - Hazardous waste facility.
- Sec. 62-1934. - Hog farms.
- Sec. 62-1935. - Horses, mules, goats and barns.
- Sec. 62-1935.5. - Reserved.
- Sec. 62-1935.8. - Reserved.
- Sec. 62-1936. - Land alterations.
- Sec. 62-1937. - Marinas.
- Sec. 62-1938. - Metal salvage yards and junkyards.
- Sec. 62-1939. - Mining and smelting operations.
- Sec. 62-1940. - Motocross.
- Sec. 62-1941. - Mulching facility.
- Sec. 62-1941.3 - Overnight commercial parking lot.
- Sec. 62-1941.5. - Performance Overlay District.
- Sec. 62-1942. - Plant nurseries (with outside bulk storage of mulch, topsoil, etc.).
- Sec. 62-1943. - Prison camp correctional facilities.
- Sec. 62-1943.3. - Private boat docks accessory to adjacent single-family residential lots.
- Sec. 62-1943.5. - Private heliports.
- Sec. 62-1944. - Reserved.
- Sec. 62-1945. - Recreational facilities.
- Sec. 62-1945.2. - Resort dwellings.
- Sec. 62-1945.5. - Roadside stands.
- Sec. 62-1946. - Security mobile homes.
- Sec. 62-1947. - Single-family residential second kitchen facility.
- Sec. 62-1948. - Skateboard ramps.
- Sec. 62-1949. - Solid waste management facilities.
- Sec. 62-1949.7. - Substantial expansion of a preexisting use.
- Sec. 62-1950. - Reserved.
- Sec. 62-1951. - Temporary medical hardship mobile homes.
- Sec. 62-1952. - Reserved.
- Sec. 62-1953. - Wireless telecommunication facilities and broadcast towers.
- Sec. 62-1954. - Trailer and truck rental.
- Sec. 62-1955. - Truss manufacturing plants.
- Sec. 62-1956. - Veterinary hospitals or clinics; pet kennels.
- Sec. 62-1957. - Reserved.
- Sec. 62-1958. - Captive wildlife.
- Sec. 62-1959. - Zero lot line subdivisions.
- Sec. 62-1960. - Zoological parks.
- DIVISION 6. - SUPPLEMENTAL REGULATIONS
- Subdivision I. - General Provisions
- Sec. 62-2100.5. - Accessory building and accessory use standards.
- Sec. 62-2101. - Accumulations of fill material on or near residential areas.
- Sec. 62-2101.5. - Additional building height.
- Sec. 62-2102. - Alteration of lot.
- Sec. 62-2103. - Alteration of lot size; structures and lot sizes made nonconforming as a result of dedication or partial condemnation; access to lots.
- Sec. 62-2104. - Boats used for residential or commercial purposes.
- Sec. 62-2105. - Breezeway/visual corridors.
- Sec. 62-2106. - Mixed use commercial and residential use.
- Sec. 62-2107. - Density, use limitations and transfer of density in floodplain areas.
- Sec. 62-2108. - Farm animals and fowl.
- Sec. 62-2109. - Fences, walls and other obstructions.
- Sec. 62-2110. - Floor area ratios.
- Sec. 62-2111. - Garage sales.
- Sec. 62-2112. - Reserved.
- Sec. 62-2112.5. - Lambs, keeping of as a youth project.
- Sec. 62-2113. - Limitation on keeping dogs.
- Sec. 62-2114. - Merritt Island redevelopment agency review.
- Sec. 62-2115. - Metal buildings.
- Sec. 62-2115.5. - Package treatment sewer facilities.
- Sec. 62-2116. - Parcels of land divided by public right-of-way.
- Sec. 62-2117. - Parking, locating and storing of recreation vehicles and equipment, commercial vehicles and heavy equipment, and motor vehicles and recreational vehicles for sale.
- Sec. 62-2117.5. - Temporary storage units and parcel/package delivery service temporary storage units.
- Sec. 62-2118. - Residential boat docks and piers.
- Sec. 62-2119. - Residential excavations.
- Sec. 62-2120. - Reserved.
- Sec. 62-2121. - Special setback and access interval requirements; projections into required setback.
- Sec. 62-2122. - Reserved.
- Sec. 62-2123. - Swimming pools and screened enclosures as accessory use.
- Sec. 62-2124. - Reserved.
- Sec. 62-2125. - Temporary construction trailer or structure.
- Sec. 62-2126. - Reserved.
- Sec. 62-2127. - Temporary trailers for sales office purposes in residential zoning classifications.
- Sec. 62-2128. - Tennis courts as accessory use to single-family residence.
- Sec. 62-2129. - Reserved.
- Sec. 62-2130. - Water plants.
- Sec. 62-2131. - Temporary use agreements.
- Sec. 62-2132. - Administrative permit for commercial vehicle parking at a residence.
- Sec. 62-2133. - Administrative permit for a farm animal as a pet at a residence.
- Sec. 62-2134. - Flexible design of subdivision lots.
- Subdivision II. - Airport and Airspace Restrictions[3]
- Sec. 62-2201. - Definitions.
- Sec. 62-2202. - Airport zones.
- Sec. 62-2203. - Airport zone and airspace height limitations.
- Sec. 62-2204. - Use restrictions.
- Sec. 62-2205. - Lighting on structures over 200 feet in height.
- Sec. 62-2206. - Airport and airspace restrictions not retroactive.
- Sec. 62-2207. - Marking and lighting of nonconforming structures or trees.
- Sec. 62-2208. - Conflicting regulations.
- Sec. 62-2209. - Acquisition of air rights.
- Subdivision III. - Performance Standards[4]
- Sec. 62-2251. - Generally.
- Sec. 62-2252. - Applicability.
- Sec. 62-2253. - Determination of violations.
- Sec. 62-2254. - Smoke.
- Sec. 62-2255. - Dust and particulate matter.
- Sec. 62-2256. - Odor.
- Sec. 62-2257. - Lighting standards.
- Sec. 62-2258. - Reserved.
- Sec. 62-2259. - Vibration.
- Sec. 62-2260. - Electrical radiation.
- Sec. 62-2261. - Heat and humidity.
- Sec. 62-2262. - Fire and explosion hazards.
- Sec. 62-2263. - Radiation.
- Sec. 62-2264. - Waste disposal.
- Sec. 62-2265. - Airborne emissions.
- Sec. 62-2266. - Water quality.
- Sec. 62-2267. - Water consumption.
- Sec. 62-2268. - Signs.
- Sec. 62-2269. - Hazardous materials.
- Sec. 62-2270. - Access.
- Sec. 62-2271. - Noise.
- Sec. 62-2272. - Performance standards for industrial uses in commercial classifications.
- Subdivision IV. - St. Johns Heritage Parkway Corridor Management Area
- Subdivision I. - General Provisions
- DIVISION 7. - COMMUNICATION FACILITIES
- Subdivision I. - General Provisions
- Sec. 62-2400. - Title.
- Sec. 62-2401. - Intent.
- Sec. 62-2402. - Goals.
- Sec. 62-2403. - Definitions.
- Sec. 62-2404. - Applicability.
- Sec. 62-2405. - Existing communications facilities.
- Sec. 62-2406. - Exempt facilities.
- Sec. 62-2407. - Abandonment (discontinued use).
- Sec. 62-2408. - Administration.
- Sec. 62-2409. - Enforcement.
- Sec. 62-2410. - Penalties.
- Sec. 62-2411. - Interference with public safety communications.
- Sec. 62-2412. - Appeals.
- Subdivision II. - Permit Levels and General Development Standards
- Subdivision III. - Level I Permits
- Subdivision IV. - Level II Permits
- Sec. 62-2440. - Application requirements.
- Sec. 62-2441. - Co-location.
- Sec. 62-2442. - Concealed, camouflaged and non-concealed attached antenna.
- Sec. 62-2443. - Specific application requirements for co-location and attachment.
- Sec. 62-2444. - Mitigation.
- Sec. 62-2445. - Wireless telecommunication facilities on county-owned property.
- Sec. 62-2446. - Specific application requirements for mitigation and new level II towers.
- Sec. 62-2447. - Satellite earth stations.
- Subdivision V. - Level III Permits
- Subdivision I. - General Provisions
ARTICLE VII
SUBDIVISIONS AND PLATS1
Sections
- DIVISION 1. - GENERALLY
- DIVISION 2. - PLATS AND PLATTING[2]
- Sec. 62-2804. - Subdivision plats and platting; recording.
- Sec. 62-2805. - Subdivision plan submission procedure
- Sec. 62-2806. - Required improvements within a subdivision.
- Sec. 62-2807. - Preapplication conference.
- Sec. 62-2808. - Application for construction plans and preliminary plat review and approval.
- Sec. 62-2809. - Construction permits.
- Sec. 62-2810. - Engineering revision.
- Sec. 62-2841. - Application for final plat review and approval.
- Sec. 62-2842. - Inspections, notifications and certificate of completion.
- Sec. 62-2843. - Payment of taxes.
- Sec. 62-2844. - Performance security.
- Sec. 62-2845. - Model homes.
- Sec. 62-2846. - Issuance of building permit.
- Sec. 62-2847. - Issuance of certificate of occupancy.
- Sec. 62-2848. - Approval of development phases.
- Sec. 62-2849. - Waivers and appeals.
- DIVISION 3. - DESIGN STANDARDS AND IMPROVEMENTS
- Sec. 62-2881. - Planned unit developments.
- Sec. 62-2882. - Enforcement.
- Sec. 62-2883. - General design requirements and standards.
- Sec. 62-2884. - Preservation of natural, archaeological or historic features.
- Sec. 62-2885. - Design of streets.
- Sec. 62-2886. - Design of blocks.
- Sec. 62-2887. - Design of lots.
- Sec. 62-2888. - Design of utility; drainage; access easements.
- Sec. 62-2889. - Subdivision signs, walls and fences.
- Sec. 62-2890. - Design of waterway developments.
- Sec. 62-2891. - Lot drainage.
- Sec. 62-2892. - Construction and design for subdivision drainage.
- Sec. 62-2893. - Construction and design requirements for streets.
- Sec. 62-2894. - Fire hydrant location.
- Sec. 62-2895. - Commercial and industrial subdivisions.
- Sec. 62-2896. - Vacation of plats.
- Sec. 62-2897. - Modifications to approved final plat.
- DIVISION 4. - ENGINEERING DESIGN STANDARDS FOR SUBDIVISION AND SITE PLAN REVIEW
- DIVISION 5. - OPEN SPACE SUBDIVISIONS
ARTICLE VIII
SITE PLANS1
Sections
- Sec. 62-3200.- Definitions and exhibits.
- Sec. 62-3201. - Purpose.
- Sec. 62-3202. - General.
- Sec. 62-3203. - Site development plans.
- Sec. 62-3204. - Minimum submittal and design requirements.
- Sec. 62-3205. - Reserved.
- Sec. 62-3206. - Parking and loading requirements.
- Sec. 62-3207. - Waivers and appeals.
- Sec. 62-3208. - Reserved.
ARTICLE IX
SIGNS1
Sections
- Sec. 62-3301.- Definitions.
- Sec. 62-3302. - Enforcement.
- Sec. 62-3303. - Purpose and applicability.
- Sec. 62-3304. - Nonconforming signs.
- Sec. 62-3305. - Reserved.
- Sec. 62-3306. - Permits generally.
- Sec. 62-3307. - Exemptions from permit requirement.
- Sec. 62-3308. - Maintenance.
- Sec. 62-3309. - Prohibited signs.
- Sec. 62-3310. - Reserved.
- Sec. 62-3311. - Obstruction to line of sight.
- Sec. 62-3312. - Obstruction to openings used for exits and ventilation.
- Sec. 62-3313. - Clearance from utility lines; erection in easement or right-of-way.
- Sec. 62-3314. - Illumination.
- Sec. 62-3315. - Interference with radio and television transmissions.
- Sec. 62-3316. - On-premises signs.
- Sec. 62-3317. - Temporary signs.
- Sec. 62-3318. - Off-premises signs.
- Sec. 62-3319. - Variances and appeals.
- Secs. 62-3320—62-3600. - Reserved.
ARTICLE X
- ENVIRONMENTAL PROTECTION AND CONSERVATION1
Sections
- DIVISION 1. - GENERALLY
- DIVISION 2. - AQUIFER PROTECTION[2]
- Sec. 62-3631. - Definitions.
- Sec. 62-3632. - Purpose and intent.
- Sec. 62-3633. - Exemptions.
- Sec. 62-3634. - Prime wellhead protection areas.
- Sec. 62-3635. - Type 1 aquifer recharge areas.
- Sec. 62-3636. - Type 2 aquifer recharge areas.
- Sec. 62-3637. - Type 3 aquifer recharge areas.
- Sec. 62-3638. - Appeals.
- DIVISION 3. - SURFACE WATER PROTECTION[3]
- Sec. 62-3661. - Definitions.
- Sec. 62-3662. - Reserved.
- Sec. 62-3663. - Purpose and intent.
- Sec. 62-3664. - Administration.
- Sec. 62-3665. - Reserved.
- Sec. 62-3666. - General provisions.
- Sec. 62-3667. - Class I waters.
- Sec. 62-3668. - Class II waters, Outstanding Florida Waters, Aquatic Preserves, conditionally approved Class III shellfish harvesting waters and Class III waters.
- Sec. 62-3669. - Exemptions.
- Sec. 62-3670. - Appeals.
- Sec. 62-3671. - Penalty; additional remedies; restoration of disturbed areas.
- DIVISION 4. - WETLAND PROTECTION[4]
- DIVISION 5. - FLOODPLAIN PROTECTION[5]
- DIVISION 6. - STORMWATER MANAGEMENT CRITERIA
- Sec. 62-3751. - Adoption of stormwater management criteria.
- Sec. 62-3752. - Public record.
- Sec. 62-3753. - Application.
- Sec. 62-3754. - Penalties.
- Sec. 62-3755. - Alternate remedies.
- Sec. 62-3756. - Conflicting regulations.
- Sec. 62-3757. - Optional pro rata capital contribution payment allowing tie-in to county constructed stormwater systems in lieu of constructing private stormwater facility within the Merritt Island Redevelopment Area (MIRA).
- DIVISION 7. - WATER-SOURCE HEAT PUMPS[6]
ARTICLE XI
FLOOD DAMAGE PROTECTION1
Sections
- DIVISION 1. - GENERALLY
- Sec. 62-4001. - Definitions and rules of construction.
- Sec. 62-4002. - Penalty; additional remedies.
- Sec. 62-4003. - Purpose; applicability.
- Sec. 62-4004. - Compliance.
- Sec. 62-4005. - Basis for establishing areas of special flood hazard and adoption of flood insurance rate map.
- Sec. 62-4006. - Warning and disclaimer of liability.
- Sec. 62-4007. - Interpretation; abrogation and greater restrictions.
- DIVISION 2. - ADMINISTRATION AND ENFORCEMENT
- DIVISION 3. - STANDARDS FOR FLOOD HAZARD REDUCTION
ARTICLE XII
COASTAL SETBACK AND CONTROL LINES1
Sections
- Sec. 62-4201.- Definitions and rules of construction.
- Sec. 62-4202. - Penalty.
- Sec. 62-4203. - Additional remedies.
- Sec. 62-4204. - Conflicting regulations.
- Sec. 62-4205. - Intent.
- Sec. 62-4206. - Policy.
- Sec. 62-4207. - Nonconforming structures.
- Sec. 62-4208. - Prerequisites for issuance of building permit.
- Sec. 62-4209. - Variances.
- Sec. 62-4210. - Coastal setback line established.
- Sec. 62-4211. - Exemptions to coastal setback line.
- Sec. 62-4212. - Prohibited structures and activities seaward of coastal setback line.
- Sec. 62-4213. - Permitted structures seaward of coastal setback line.
- Sec. 62-4214. - Coastal construction control line established.
- Sec. 62-4215. - Reserved.
- Sec. 62-4216. - Reserved.
- Sec. 62-4217. - Relocation of lines.
ARTICLE XIII
LANDSCAPING, TREE PROTECTION, LAND CLEARING AND LAND ALTERATION1
Sections
- DIVISION 2. - LAND CLEARING, LANDSCAPING AND TREE PROTECTION[2]
- Sec. 62-4331. - Purpose and intent.
- Sec. 62-4332. - Definitions.
- Sec. 62-4333. - Applicability.
- Sec. 62-4334. - Exemptions.
- Sec. 62-4335. - Non-bona fide agricultural land clearing activities.
- Sec. 62-4336. - Penalties and remedies.
- Sec. 62-4337. - Permit application requirements and review process.
- Sec. 62-4338. - Land clearing performance standards.
- Sec. 62-4339. - Canopy and tree preservation performance standards.
- Sec. 62-4340. - Tree root protection and planting chart.
- Sec. 62-4341. - Landscaping performance standards.
- Sec. 62-4342. - Landscape buffers.
- Sec. 62-4343. - Maintenance and inspections.
- Sec. 62-4344. - Incentives for increased canopy and tree preservation and increased landscaping.
- Sec. 62-4345. - Alternative landscape enhancement plans, mitigation, and compensation.
- Sec. 62-4346. - Waivers.
- Sec. 62-4347. - Appeals.
- DIVISION 3. - RESERVED[3]
- DIVISION 4. - LAND ALTERATION
- Subdivision I. - General Provisions
- Sec. 62-4391. - Definitions.
- Sec. 62-4392. - Correction of violations.
- Sec. 62-4393. - Additional remedies.
- Sec. 62-4394. - Purpose and intent.
- Sec. 62-4395. - Prohibited activities.
- Sec. 62-4396. - Location of land alteration activities.
- Sec. 62-4397. - Operation of land alteration activities.
- Sec. 62-4398. - Reclamation of disturbed property.
- Sec. 62-4399. - Specific standards for individual land use types.
- Subdivision II. - Permit
- Subdivision I. - General Provisions
- DIVISION 5. - PRIVATE LAKES[4]
- Subdivision I. - General Provisions
- Sec. 62-4451. - Definitions.
- Sec. 62-4452. - Correction of violations.
- Sec. 62-4453. - Additional remedies.
- Sec. 62-4454. - Purpose and intent.
- Sec. 62-4455. - Prohibited activities.
- Sec. 62-4456. - Location; maximum lot coverage.
- Sec. 62-4457. - Design and construction guidelines; time limit for completing excavation.
- Sec. 62-4458. - Vegetation standards.
- Sec. 62-4459. - Certification of compliance.
- Subdivision II. - Permit
- Subdivision I. - General Provisions
ARTICLE XIV
LAND USE REGULATIONS FOR ISLANDS1
Sections
- Sec. 62-4801.- Definitions.
- Sec. 62-4802. - Penalty.
- Sec. 62-4803. - Additional remedies.
- Sec. 62-4804. - Severability.
- Sec. 62-4805. - Applicability.
- Sec. 62-4806. - Board of adjustment and variances.
- Sec. 62-4807. - Nonconforming uses.
- Sec. 62-4808. - Authority to establish water quality standards for class III waters.
- Sec. 62-4809. - Water quality sampling and standards for body F shellfish harvesting area—Generally.
- Sec. 62-4810. - Same—Developed islands.
- Sec. 62-4811. - Land use and development standards.
- Sec. 62-4812. - Drainage.
ARTICLE XV
ADULT ENTERTAINMENT CODE1
Sections
- DIVISION 1. - GENERALLY
- Sec. 62-4901. - Short title.
- Sec. 62-4901.5. - Findings of fact.
- Sec. 62-4902. - Definitions.
- Sec. 62-4903. - Penalty; additional remedies.
- Sec. 62-4904. - Severability.
- Sec. 62-4905. - Interpretation.
- Sec. 62-4906. - Authority.
- Sec. 62-4907. - Obscenity not permitted.
- Sec. 62-4908. - Applicability.
- Sec. 62-4909. - Purpose.
- Sec. 62-4910. - Presumptions of fact.
- Sec. 62-4911. - Proof of alcoholic content of beverages.
- Sec. 62-4912. - Administrative responsibilities.
- Sec. 62-4913. - Power of administrative agencies.
- Sec. 62-4914. - Permitting violations or illegal acts on licensed premises.
- Sec. 62-4915. - General requirements for licensed premises.
- Sec. 62-4916. - Location requirements.
- Sec. 62-4917. - Advertising.
- Sec. 62-4918. - Design of entrance; sign at entrance.
- Sec. 62-4919. - Proscriptions where food or beverages are sold or where alcoholic beverages are sold, dispensed or permitted.
- Sec. 62-4920. - Admission of minors.
- Sec. 62-4921. - Sales to minors.
- DIVISION 2. - LICENSE
- Sec. 62-4951. - Required; classifications.
- Sec. 62-4952. - Disqualification.
- Sec. 62-4953. - Application.
- Sec. 62-4954. - Investigation.
- Sec. 62-4955. - Issuance or denial.
- Sec. 62-4956. - Multiple licenses for single premises prohibited; leasing of premises.
- Sec. 62-4957. - Fee.
- Sec. 62-4958. - Display.
- Sec. 62-4959. - Term; renewal.
- Sec. 62-4960. - Transfer.
- Sec. 62-4961. - Change of location or name of business.
- Sec. 62-4962. - Reserved.
- Sec. 62-4963. - Suspension and revocation of licenses.
- Sec. 62-4964. - Suspension and revocation proceedings.
- Sec. 62-4965. - Advertisement of adult entertainment.
- Sec. 62-4966. - Operation of unlicensed premises.
- DIVISION 3. - EMPLOYEE RECORD
- DIVISION 4. - LEISURE SPA ESTABLISHMENTS[2]
- Sec. 62-5021. - Generally.
- Sec. 62-5022. - Control of communicable diseases.
- Sec. 62-5023. - Qualifications of employees.
- Sec. 62-5024. - Home massage treatment.
- Sec. 62-5025. - Admission or treatment of minors.
- Sec. 62-5026. - Hours of operation.
- Sec. 62-5027. - Inspections.
- Sec. 62-5028. - Performing or engaging in specified sexual activities.
- DIVISION 5. - ADULT MOTION PICTURE THEATRES
- DIVISION 6. - ADULT BOOKSTORES
- Sec. 62-5081. - Generally.
- Sec. 62-5082. - Admission of minors.
- Sec. 62-5083. - Inspections.
- Sec. 62-5084. - Display of specified anatomical areas.
- Sec. 62-5085. - Engaging in specified sexual activities.
- Sec. 62-5086. - Sale of non-adult material.
- Sec. 62-5087. - Authority to require information regarding sale of adult material.
- DIVISION 7. - ADULT DANCING ESTABLISHMENTS
- DIVISION 8. - PENAL PROVISIONS
ARTICLE XVI
COMMERCIAL PHYSICAL CONTACT PARLOR ADULT CODE1
Sections
- DIVISION 1. - GENERALLY
- Sec. 62-6100. - Short title.
- Sec. 62-6101. - Findings of facts.
- Sec. 62-6102. - Definitions.
- Sec. 62-6103. - Enforcement.
- Sec. 62-6104. - Appeals.
- Sec. 62-6105. - Notice.
- Sec. 62-6106. - Immunity from prosecution.
- Sec. 62-6107. - Construction.
- Sec. 62-6108. - Application—Unincorporated area.
- Sec. 62-6109. - Severability.
- DIVISION 2. - LICENSING
- Sec. 62-6131. - License required; classifications.
- Sec. 62-6132. - Application for license; application fee; consent by applicant.
- Sec. 62-6133. - License processing of application, investigation, findings.
- Sec. 62-6134. - License—Grant; denial; rejection.
- Sec. 62-6135. - Licenses: term, renewal, expiration, cancellation, reports, consent.
- Sec. 62-6136. - Annual license fee.
- Sec. 62-6137. - Transfer of licenses.
- Sec. 62-6138. - Changing name of establishment.
- Sec. 62-6139. - Suspension and revocation of licenses.
- Sec. 62-6140. - Suspension and revocation proceedings.
- DIVISION 3. - ZONING AND DISTANCE RESTRICTIONS
- DIVISION 4. - GENERAL OPERATIONAL RULES
- DIVISION 5. - CRIMINAL PROVISIONS
- Sec. 62-6201. - Penalty.
- Sec. 62-6202. - Operation without valid commercial physical contact parlor license.
- Sec. 62-6203. - Working at unlicensed establishment.
- Sec. 62-6204. - Operation contrary to certain provisions.
- Sec. 62-6205. - Prohibited acts.
- Sec. 62-6206. - Touching of workers prohibited.
- Sec. 62-6207. - Advertising prohibited activity.
- Sec. 62-6208. - Minors prohibited.
- Sec. 62-6209. - Failure to maintain required records and licenses.
- Sec. 62-6210. - Hours of operation.
- Sec. 62-6211. - Alteration of license.
- Sec. 62-6212. - False or misleading statement in required documents.
- Sec. 62-6213. - Solicitation or personal advertising.
- Sec. 62-6214. - Allowing customers to engage in specified sexual activity.
- Sec. 62-6215. - Prohibited acts by customers at sexually oriented businesses.
- Sec. 62-6216. - Prohibited acts by commercial physical contact workers.
ARTICLE XVII
AFFORDABLE AND WORKFORCE HOUSING INCENTIVES
Sections
- Sec. 62-6300.- Purpose and intent.
- Sec. 62-6301. - Definitions.
- Sec. 62-6302. - Affordable housing incentives.
- Sec. 62-6303. - Transportation impact fee deferral.
- Sec. 62-6304. - Housing trust fund and unit mitigation bank.
- Sec. 62-6305. - Density bonus for affordable housing.
- Sec. 62-6306. - Transfer of development rights to affordable developments.
- Sec. 62-6307. - Workforce housing incentives.
- Sec. 62-6308. - Affordable housing stock lost to development.
- Sec. 62-6309. - Infill development.
- Sec. 62-6310. - Alternative and flexible design requirements and criteria for developments providing a minimum 30 percent of affordable or workforce housing units.
- Sec. 62-6311. - County-owned property inventory.