The purpose of this subchapter is to describe the specific uses and restrictions that apply to land use districts established and created in the land use element of the town’s Comprehensive Plan. These regulations are intended to allow development and use of property only in compliance with the goals, objectives and policies of the town as expressed in the town’s Comprehensive Plan.

(Ord. 1-90, passed 1-31-1991)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDON. To discontinue a use for more than 12 consecutive months.

   ACCESSORY BUILDING. A subordinate building or portion of the main building, the use of which is incidental to that of the main building.

   ALLEY. Right-of-way providing a secondary means of access and service to abutting property.

   ALTERATIONS. As applied to a building, mobile home or structure, means a change or re-arrangement in the structural parts or in the existing facilities or an enlargement thereof, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

   AREA, LOT. The total area within the property lines, excluding external streets or the easement for the right of way for streets.

   AWNING. A roof or covering over a patio, porch or window area which is permanently open on three sides.

   BUILDING. A structure, including a manufactured housing unit or qualified modular home, with or without a roof, intended for shelter, occupancy or enclosure, other than a boundary wall or fence. All building construction, renovation, and demolition in the town, and all exterior work associated with a mobile home in the town shall be subject to the requirements of the then current edition of the Florida Building Code.

   BUILDING, ACCESSORY. A subordinate building or a portion of the main building on a lot, or on a combination of lots unified in a single building site, the use of which is customarily incidental to that of the main or principal building.

   CARPORT. A roofed area open on one, two or three sides and attached to a main building, for the storage of one or more vehicles.

   CLUB. Buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

   DEVELOPER. Any person, including a governmental agency, undertaking any development.

   DEVELOPMENT. The carrying out of any building activity or operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

   DEVELOPMENT ORDER. Any order granting, denying or granting with conditions an application for a development permit.

   DEVELOPMENT PERMIT. Any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, special permit, site plan approval, plat approval, transfer of development rights, variance, or any other official action of the town having the effect of permitting the development of land.

   DISTRICT. Any section of the certain described area of the Town of Briny Breezes Zoning Map to which these regulations apply and within which the zoning regulations are uniform.

   DOCK. A structure built on or over the water which is designed or used to provide anchorage for and access to one or more boats. PIERS shall be synonymous with DOCK.

   EXCAVATIONS. Removal of earth material for purposes other than that incidental to and used on the site of authorized construction.

   EXISTING USE. Lots, structures, occupancies, uses, characteristics of use, or a combination thereof that are existing as of the date of adoption of this chapter.

   FAMILY. Any number of individuals related by blood, marriage or legal adoption, and not more than two persons not so related, living together as a single housekeeping unit.

   GARAGE, PRIVATE. An enclosed space for the storage of one or more motor vehicles, provided that no business occupation or service is conducted for profit therein.

   GRADE, ESTABLISHED. The elevation of the centerline of the streets as officially established by the town.

   GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

   GREENHOUSE. A structure constructed, in part, with glass, plastic or other transparent or translucent material, designed for and/or utilized for the growing of plants and flowers.

   HEDGE. A fence or boundary formed by a row of shrubs or low trees planted close together, including a thicket when planted as a fence or boundary.

   HOME OCCUPATIONS. Occupations carried on entirely within a dwelling and only by members of the family permanently living therein, where products are not offered for sale from the premises and no commercial vehicles are kept on the premises or parked overnight on the premises.

   LOT, CORNER. A lot abutting upon two or more streets at their intersections.

   LOT, INTERIOR. Any lot which is not a corner lot.

   LOT LINES. The lines abounding a lot.

   LOT LINE, FRONT. The line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line; provided, where the length of a shorter street line is less than 90% of the length of the longer street lot line, the shorter line shall be considered the FRONT LOT LINE.

   LOT LINE, REAR. The lot line opposite or most distant from the front lot line. In case of an irregular, triangular or gore-shaped lot, wherein the two side lot lines converge in the rear, it shall mean a line within the lot, ten feet in length, parallel to and at the maximum distance from the front lot line.

   LOT LINE, SIDE. The lot line which forms a side boundary of a lot is not a front lot line nor a rear lot line.

   LOT, THROUGH. Any lot having frontage on two parallel or approximately parallel streets or highways.

   MANUFACTURED HOME or HOUSING UNIT. A mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. All manufactured home construction, renovation, and demolition in the town shall be subject to the requirements of the then current edition of the Florida Building Code, as well as F.S. Ch. 553, Part 1.

   MANUFACTURED HOUSING COMMUNITY. Same as MOBILE HOME PARK.

   MOBILE HOME LOT (SPACE). Same as TRAILER SITE. A parcel of land within a mobile home park which is designed to accommodate one mobile home, trailer, manufactured housing unit or qualified modular home, together with accessory buildings or structures, and including the open spaces required under this code.

   MOBILE HOME. A structure which is transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis, and designed to be used as a single family, one-story dwelling when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein. The initials M.H. shall be used as the abbreviation of this term. With the exception of exterior work associated with a mobile home that is subject to the Florida Building Code, all MOBILE HOMES in the town, and all interior renovation of mobile homes in the town shall be subject to the requirements of the then current edition of the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, and the Mobile/Manufactured Home Repair and Remodeling Code (F.A.C. § 15-C-2.0081) pursuant to the Manufactured Housing Improvement Act.

   MOBILE HOME PARK. A use of land in which lots or spaces are offered for ownership, proprietorship, rent or lease for the placement thereon of mobile homes, trailers, manufactured homes or qualified modular homes, in a community setting or park in which the primary use is residential. Same as MANUFACTURED HOUSING COMMUNITY.

   MODULAR HOME. A building which is assembled on an approved building site from components manufactured off-site in the form of separate elements or modular units produced in standardized sizes and designs which can be arranged and fitted together in a variety of relationships that upon completion form a detached one story single-family residence.

   MODULAR HOME, QUALIFIED. A modular home that meets each of the following requirements:

   (1)   The separate elements or modular units are fabricated off-site into one or more structures or sections on an integral frame or chassis with running gear attached;

   (2)   The structures or sections are designed and built to be drawn as a vehicle upon the streets and highways by a motorized towing vehicle;

   (3)   The structures or sections are designed and built so that the exterior of the finished housing unit is similar to a mobile home in style and appearance; and

   (4)   The finished housing unit is one designed and manufactured for assembly upon a mobile home lot for occupancy as a detached single-family one-story dwelling unit in a mobile home park when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein.

   OFF-STREET PARKING. An area of approximately nine feet in width by 20 feet in depth for the parking of one automobile. Newly established off-street parking facilities, including access drives and aisles, shall be paved according to specifications of the Florida Department of Transportation or as approved by the town. Commercial parking spaces may be marked by edging, painted lines, precast curbs or similar fashion to indicate the individual parking space. Residential parking spaces may include the driveway, carport or garage, or any space of any dimension which are provided by an owner for vehicle parking purposes.

   OPEN SPACE - YARD. An unoccupied space open to the sky on the same lot with a building or mobile home.

   OWNER. As applied to a building or land area, the term OWNER shall include any part owner, joint owner, corporate owner, any unit owner in a cooperative form of property ownership, any shareholder in a corporate form of cooperative ownership, trustee, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building, mobile home, land or water area.

   OWNER OF PROPERTY. Same as OWNER.

   PARKING. The temporary, transient storage of motor vehicles used for transportation, while their operators are engaged in other activities.

   PORCH. A concrete or wood floor higher than seven and one-half inches above the ground and generally with a railing around it.

   PROPERTY OWNER. Same as OWNER.

   PUBLIC UTILITY. Any organization, either private or governmental, which owns and/or operates facilities for the rendering of services to the general public, such as electric, gas, communications, television signals, transportation, water supply, sewage disposal, water conservation, drainage and garbage or refuse disposal.

   RESTAURANT. Every building or other structure and all outbuildings in connection therewith and any room or rooms within any building or other structure or any place of location kept, used, maintained and advertised as or held out to the public for the primary purpose as a place where food is prepared and served, either gratuitously or for consideration.

   SETBACK. Shall be synonymous with the words BUILDING LINE.

   SIGN or SIGNS. An object or device which is designed, intended, used or located so as to be visible by the public from outdoors for the purpose of advertising the property, establishment or enterprise, including roads and services, upon which the sign is located, or to convey a non-commercial message. This definition shall include all parts, portions, frame, background, structure, support and anchorage thereof.

   SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity is permissible. Such uses may be permitted in such zoning districts as special exceptions as outlined in the applicable zoning district.

   SPECIAL PERMIT. A conditional approval by the town for a temporary use not provided for under the general regulations of this chapter.

   SQUARE FOOTAGE. Applies to total size of a lot or site and for a rectangular lot is determined by multiplication of the width of the lot or site by the depth of the lot or site. The SQUARE FOOTAGE of a building, structure or mobile home, which is rectangular in shape, shall be determined by the multiplication of the exterior width of the building, structure or mobile home, by the exterior length of such unit.

   SPACE. Same as LOT, and means a parcel of land within a mobile home park, which may be made up of a combination of lots held under a unity of title, which is designed to accommodate one mobile home, trailer or manufactured housing unit.

   STORY. The part of a building contained between any floor and the floor or roof next above.

   STREET. A public or private thoroughfare which affords any means of access to property. This definition shall include any accessway, such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended solely for limited utility purposes, such as electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers and easements of ingress and egress.

   TEMPORARY HOUSING NEED. A need for temporary housing within the town created by, a hurricane or other disaster-related event that has damaged or destroyed a substantial number of the permanent places of residence within the town causing the displacement of the occupants thereof who need safe, sanitary and adequate housing to continue their residency within the town until their homes can be repaired, rebuilt or replaced.

   TEMPORARY HOUSING NEED DECLARATION. A declaration by the Town Council that an emergency exists producing a serious threat to the public, health, safety and general welfare due to the damage or destruction of the town from a hurricane or other disaster related event that has displaced a substantial number of residents from their homes and has created an emergency need for temporary housing units to provide them with safe, sanitary and adequate housing for their continued shelter until their homes can be repaired, rebuilt or replaced, and that also authorizes the use of temporary housing units for such purpose. The Town Council shall enact a declaration for the need for temporary housing units whenever required to protect the public against a serious threat to its health, safety and general welfare.

   TEMPORARY HOUSING UNIT. Including any unit that may be supplied for such purpose by a governmental agency, FEMA or any other bona fide disaster relief agency, is hereby defined as any self-contained trailer, travel trailer or motorized recreational vehicle, except a pop-out or a tent, that is designed and constructed for temporary or continuous use for human habitation, provided that it also meets all temporary housing requirements of the town’s Building Code.

   TEMPORARY STRUCTURE. Anything constructed or erected, the design of which or intended use of which, is other than permanent, long term or indefinite life, by design or use.

   TERRACE. An unoccupied open space, which is contiguous to and bounded on at least one, but not more than two sides by the walls of a building. It may be bounded on one or more of the other sides by a wall or similar enclosure having a height of three feet or less.

   TRAILER. Same as MOBILE HOME.

   TRAILER PARK. Same as MOBILE HOME PARK.

   TRAILER SITE. Same as MOBILE HOME LOT OR SPACE. A lot, space or plot of ground within a mobile home park or trailer park, designated for the accommodation of not more than one mobile home, trailer, manufactured housing unit or qualified modular home.

   TRAVEL TRAILER. Same as TRAILER or MOBILE HOME.

   TRUSTEE. A legal representative of another person under a trust relationship. Where a trustee is an owner of property in the town, this term shall have the same meaning as OWNER.

   USE. The specific purpose for which land, buildings or structures are designated, arranged, intended or used for which purpose it is or may be occupied, used or maintained.

   VARIANCE. A waiver or relief from the specific area and bulk requirements of the zoning ordinance or code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance or code would result in unnecessary and undue hardship.

   VEHICLE. Any automobile, truck, bus, trailer (but only when in mobile operating condition), camper, motorcycle or motor home used to transport people or goods.

   YARD, FRONT. An open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building, projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.

   YARD, REAR. An open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot. The depth of the REAR YARD shall be measured between the rear line of the lot and the rear line of the building.

   YARD, SIDE. An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line which is not a rear line or front line shall be deemed a side lot line.

   ZONING BOARD. The Planning and Zoning Board of the Town of Briny Breezes.

   ZONING OFFICIAL. The Zoning Official of the Town of Briny Breezes, or his or her designated representative.

(Ord. 1-90, passed 1-31-1991; Ord. 1-96, passed 7-25-1996; Ord. 2-08, passed 9-25-2008; Ord. 01-2020, passed 5-28-2020; Ord. 01-2023, passed 5-25-2023)

      (1)   Residential Mobile Home District I (RMH-I);

      (2)   Residential Mobile Home District II (RMH-II);

      (3)   Residential Mobile Home District III (RMH-III);

      (4)   Residential Mobile Home District IV (RMH-IV);

      (5)   Residential Mobile Home District V (RMH-V);

      (6)   Commercial District (C-1);

      (7)   Public and Semi-Public District (PSP-1);

      (8)   Recreation District (R-1); and

      (9)   Parking and Landscape District (PL-1).

   (B)   Designation of district boundaries. The boundaries of each district are designated and established as shown on the official zoning map of the town. The zoning district categories or type of usage correspond to the land use designations shown on the existing and future land use maps of the town. The land which is designated for residential use on the aforesaid land use maps is further divided into five residential mobile home districts based upon the existing development located within each district and its individual traditions and patterns of community development. The boundaries of the districts shown upon the official zoning map are hereby adopted and approved. The regulations of this code governing the use of land and water, buildings and structures, the height of buildings, lot areas, setbacks, floor areas, lot coverage, parking and loading requirements, are hereby declared to be in effect upon all land and water included within the boundaries of each and every district shown upon the official zoning map.

(Ord. 1-90, passed 1-31-1991; Ord. 01-2023, passed 5-25-2023)

   (A)   Generally. In case any uncertainty exists as to the boundaries of the districts on the official zoning map, the following rules shall apply to determine the location of district boundary lines.

   (B)   Centerlines. Boundaries indicated as approximately following the centerlines of streets and roadways shall be construed as following such lines.

   (C)   Lot, section and tract lines. Boundaries indicated as approximately following platted lot lines, section or tract lines shall be construed as following such lines.

   (D)   Political boundaries. Boundaries indicated as approximately following political boundaries shall be construed as following such political boundaries.

   (E)   Shorelines. Boundaries indicated as following shorelines shall be construed as following such shorelines, and in the event of any change in the shoreline, such boundary shall be construed as moving, with the actual shoreline.

   (F)   Miscellaneous uncertainties. Where physical or other features on the ground are at variance with those on the official zoning map, or in case of other uncertainty, the Town Council shall interpret the boundary line in harmony with the intent of this chapter and the official comprehensive zoning map.

   (G)   Street abandonments. Where a pubic road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned road, street or alley.

   (H)   Excluded areas. Where parcels of land and water areas have been inadvertently excluded from a zoning district classification in any manner, said parcels shall be un-classified until official action is taken to classify same.

(Ord. 1-90, passed 1-31-1991)

   (A)   Generally. The town is a fully developed community which was designed and intended predominantly for residential use in single-family mobile homes. A lesser area of the town is fully developed to support and serve the residential use under various nonresidential land uses. Less than one acre of vacant land is available for new development, which would be utilized within the existing pattern of development. There is no realistic opportunity for annexation of additional lands to increase the town boundaries. The primary concern of the town, therefore, is to continue the present pattern of land development and the existing use and occupancy of the mobile homes and buildings thereof by the citizens and residents of the town while also recognizing the need to permit more resilient home construction opportunities.

   (B)   Purpose. It is the purpose of this subchapter to permit the continuation of those lots, mobile homes and buildings, structures, occupancy, uses, characteristics of use or combinations thereof, which were in accordance with the regulations that were in effect before the passage of this subchapter and the Land Development Code of the town, including any such use and occupancy which would be prohibited, regulated or restricted under the terms of this code or any future amendments thereto. For purposes of this subchapter, an EXISTING USE is defined as a lot, structure, occupancy or use or combination thereof that was in existence before the effective date of this subchapter and this chapter. Any structure in an “existing use” area may from time to time be repaired or improved, provided however that any such repair or improvement shall not extend the structure beyond its reasonable useful life expectancy, nor reduce the amount of required open space, nor reduce the minimum setback requirement. It is the further purpose of this subchapter that all future replacement of mobile homes must meet the current setback requests and must also conform to the new regulations applicable thereto.

   (C)   Intent. It is the intent of this subchapter and this chapter to accept and approve the use, lots, structures and all characteristics of use and occupancy of those mobile homes, trailers and manufactured housing units and conventional buildings and structures which were in conformance prior to the enactment of this subchapter and the land development code of the town, which are located within the Districts designated as Residential Mobile Home Districts I through V, inclusive, Commercial District, Parking and Landscaping District, Public and Semi-Public District and Recreation District, as shown on the official zoning map of the town.

(Ord. 1-90, passed 1-31-1991; Ord. 01-2023, passed 5-25-2023)

   (A)   General. All development undertaken in the town and all development orders and permits issued pursuant to this chapter shall be consistent with the adopted Comprehensive Plan for the town.

   (B)   Use and occupancy. Except as otherwise provided in this subchapter, no building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located. All uses, densities and activities in the town shall comply with land use elements of the Comprehensive Plan.

   (C)   Construction and remodeling. Except as otherwise provided in this subchapter, no building shall hereafter be erected or altered:

      (1)   To exceed the height;

      (2)   To accommodate or house a greater number of families;

      (3)   To occupy a greater percentage of lot area; and

      (4)   To have narrower or smaller rear yards, front yards or side yards, than is specified herein for the district in which such building is located.

(Ord. 1-90, passed 1-31-1991; Ord. 01-2023, passed 5-25-2023)

   (A)   Map adoption. The town, hereby adopts by reference as a part of this subchapter, an official zoning map together with all explanatory matter and attendant documents which may be supplementary or attached thereto. The composite group of the official zoning map and any such explanatory matter and attendant documents, shall be exhibits which shall be made a part of, incorporated into and attached to the official town ordinance adopting this chapter. Originals of the official zoning map may be retained in the administration offices of the town or displayed in the Town Hall meeting room. A copy shall be maintained in the office of the Town Clerk. The official zoning map shall be a part of the public records of the town and shall be made available for public inspection and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures, in the incorporated area of the town.

   (B)   Map amendment. No changes or amendments to the official zoning map shall be made except in compliance and conformity with all legal procedures and requirements. If, in accordance with these procedures, changes or amendments are made to district boundaries or other subject matter portrayed on the official zoning map, such changes or amendments shall be made promptly after official adoption of the change or amendment as provided for herein. The Town Council shall designate the person or agency who shall be responsible for the updating and amendment of the official zoning map.

   (C)   Map replacement. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and number of changes and additions, the Town Council may adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct any drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the code or any subsequent amendment thereto without a duly noticed hearing, as provided for herein. Unless the prior official zoning map(s) has been lost or destroyed, the prior map(s) or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment.

(Ord. 1-90, passed 1-31-1991)

      (1)   The town is fully developed. All current residential structures in the town are single-family, one-story mobile homes.

      (2)   There are approximately 550 platted lots or spaces for mobile home or other residential unit placement in the town. Lot configuration is either rectangular or aligned on a bias as a parallelogram.

      (3)   Lot size varies from the approximate dimensions of 30 to 70 feet in length and 20 to 40 feet in width. Lot area varies from the approximate minimum of 800 square feet to the approximate maximum of 3,000 square feet. The total land area of the town is approximately 43 acres.

      (4)   The area comprising the five residential mobile home districts of the town has, collectively, an approximate average density of 26 units per acre. This is the maximum allowable for the average density for the town.

   (C)   RMH - I District Location. Residential Mobile Home District I (RMH-I) shall be the present Block 1 of the Park Plat, bounded by Briny Breezes Boulevard, Ruthmary Avenue, old Ocean Boulevard and Highway A1A.

   (D)   RMH - I setback dimensions. The setback dimensions for the mobile homes in the RMH-I District shall be as stated in the following table and notes.

 

 

   (E)   RMH-II District location. Residential Mobile Home District II (RMH-II) shall be present Block 2 of the Park Plat, bounded by Ruthmary Avenue, Cordova Avenue, old Ocean Boulevard and Highway A1A, but excluding the shuffle board and accessory area which is part of the Recreation (R-1) District.

   (F)   RMH-II setback dimensions. The setback dimensions for the mobile homes in the RMH-II District shall be as stated in the following table and notes.

 

   (G)   RMH-III District location. Residential Mobile Home District III (RMH-III) shall be the present Block 4 and 5 of the Park Plat, bounded by the south town boundary line, Flamingo Drive, Banyan Boulevard and Marine Way, but excluding the marina property which is part of the Recreation (R-1) District.

   (H)   RMH-III setback dimensions. The setback dimensions for the mobile homes in the RMH-III District shall be as stated in the following table and notes:

 

 

   (I)   RMH-IV District location. Residential Mobile Home District IV (RMH-IV) shall be the present Blocks 6, 7, and 8 of the Park Plat, bounded by Flamingo Drive, the north town boundary, Banyan Boulevard and the Intracoastal Waterway.

   (J)   RMH-IV setback dimensions. The setback dimensions for the mobile homes in the RMH-IV District shall be as stated in the following table and notes.

 

 

   (K)   RMH-V District location. Residential Mobile Home District V (RMH-V) shall be that part of the park plat bounded by West Bamboo Drive, Banyan Boulevard, Marina Drive and Highway A1A.

   (L)   RMH-V setback dimensions. At the present time there is no setback table and notes to state the setback dimensions for the type of mobile home units in Residential Mobile Home District V. This division (L) is reserved to set forth this information when it is established.

   (M)   Minimum setback requirement. Whenever, under the provisions of this chapter, there has been no specific setback requirement established for any street or roadway within the town, such as at cross-streets or for lots on corner locations, a minimum setback requirement shall be established by the zoning official. This setback requirement shall be used for the siting of any mobile home having need to be located with reference to the boundary line of said right-of-way. Any person thereby aggrieved by the distance requirement so established for this setback may have such decision reviewed by the Town Council sitting as the Board of Adjustment in the manner provided in this chapter according to the provisions so made and provided for such appeals.

(Ord. 1-90, passed 1-31-1991; Ord. 1-97, passed 3-27-1997; Ord. 4-2017, passed 1-25-2018; Ord. 01-2023, passed 5-25-2023)

   (A)   Generally. The five mobile home residential districts enumerated above are each single-family residential districts, consisting of one-story, mobile home units located, established and put in place prior to the date of enactment of this subchapter. It is the purpose and intent of this subchapter to permit and allow each residential mobile home district to continue to accommodate the housing, use, occupancy and character or theme of such district as it lawfully existed in this mobile home park prior to the enactment of this subchapter. It is intended thereby to preserve the character, quality and historical nature of the existing community, in accordance with the adopted Comprehensive Land Use Plan for the town.

   (B)   Uses permitted in RMH I to IV Districts. In Residential Mobile Home Districts I through IV, inclusive, the land, buildings, mobile homes or premises which constitutes a unified building site, may be used by right only for one or more of the following purposes:

      (1)   A detached single-family one story mobile home, trailer, manufactured housing unit or qualified modular home affixed to a foundation upon a designated lot;

      (2)   All new mobile home units hereafter located within the town are required to be all electric;

      (3)   Customary accessory uses and structures, for mobile homes provided such uses and structures are incidental to the principal use and do not include any activity not permitted in said district nor commonly conducted as a business; and/or

      (4)   Support facilities customary for mobile home usage such as limited recreational areas, open space, restrooms, vehicle parking areas and community facilities for the use of the town residents, guests and other designees.

   (C)   Special exceptions in RMH I to IV Districts. Utility services, substations, transmission lines and mains and pipes for utility purposes may be permitted as a special exception, subject to meeting the requirements for same, and provided such uses are effectively screened or given other aesthetic treatment to minimize adverse impact on the surrounding area where it is practical to do so.

   (D)   Uses permitted in RMH-V District. In Residential Mobile Home District V (RMH-V), under the present configuration of lots and the existing pattern of development, the use shall be restricted to the use and occupancy of recreational and travel trailers only. In the event, however, that the land area comprising this district should be reconfigured into a new pattern of not more than eight lots, the uses permitted in this district shall be the same as for Residential Mobile Home Districts I to IV (RMH I to IV).

   (E)   Purpose and intent for RMH I-IV Districts. The land area comprising the Residential Mobile Home Districts I through IV inclusive, is fully developed. It is the purpose and intent of this code to permit and allow each mobile home, building and structure within these districts to continue the activities, uses and occupancy thereof as they lawfully existed in this mobile home park prior to the enactment of this chapter.

   (F)   Site development standards For RMH I-IV Districts. In Residential Mobile Home Districts I through IV, inclusive, the location and renovation of mobile homes, the addition of patios and cabanas thereto as combined units, the requirements for air conditioning equipment, and the placement of utility cabinets, are subject to the following site development standards.

      (1)   General requirements.

         (a)   Installation of mobile home, patio, cabana or add-a-room shall be subject to the dimensions and setbacks specified in the table and notes provided for each district.

         (b)   Blocking, anchoring and tie-down shall conform to the Florida Motor Vehicle Code or Florida Building Code, whichever is the appropriate governing organization for the home type.

         (c)   All plumbing work and renovations shall conform to the Florida Building Code including the Florida Plumbing Code, or to the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, pursuant to the Manufactured Housing Improvement Act, the Mobile/Manufactured Home Repair and Remodeling Code (F.A.C. § 15-C-2.0081), and the Florida Department of Highways Safety and Motor Vehicles Mobile/Manufactured Home Repair and Remodeling Guidelines, as appropriate.

         (d)   All electrical work and renovations shall conform to the Florida Building Code including the National Electrical Code, or to the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, pursuant to the Manufactured Housing Improvement Act, the Mobile/Manufactured Home Repair and Remodeling Code (F.A.C. § 15-C-2.0081), and the Florida Department of Highways Safety and Motor Vehicles Mobile/Manufactured Home Repair and Remodeling Guidelines, as appropriate.

         (e)   All structural repairs, alterations, installations or renovations shall conform to the Florida Building Code or to the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, pursuant to the Manufactured Housing Improvement Act, the Mobile/Manufactured Home Repair and Remodeling Code (F.A.C. § 15-C-2.0081), and the Florida Department of Highways Safety and Motor Vehicles Mobile/Manufactured Home Repair and Remodeling Guidelines, as appropriate.

         (f)   New mobile homes are to be all electric.

         (g)   Second level construction or usage is prohibited.

         (h)   Certification by an engineer licensed by the state is required certifying that the lowest floor elevation to all manufactured homes, mobile homes, second unit, screen rooms, add-a-rooms and the like is a minimum of seven feet above mean sea level or pursuant to current regulations promulgated by the Federal Emergency Management Agency.

         (i)   An accessory building shall be located on the same lot as the principal building.

      (2)   Air conditioning requirements.

         (a)   Central single units and split system condensing units shall be located beneath the mobile home, where possible and practical, and shall exhaust to the front or patio side as near to the front of the mobile home, as possible.

         (b)   Central single units and split system installation of condensing units shall be made with the unit placed at the front or on the patio side as near to the front of the mobile home as possible, if unable to conform to the provisions of division (F)(2)(a) above.

         (c)   Window or wall air conditioning units are not allowed except to replace units already in existence.

         (d)   Water cooled condensing units are not allowed.

         (e)   No air conditioning unit shall exceed the maximum noise level of 8.2 Bels, as rated by the Air Conditioning and Refrigeration Institute (A.R.I.).

         (f)   The make, model number, EER rating, noise level and proposed location for all air conditioning units must be stated in the application for installation.

         (g)   In Residential Mobile Home District IV (RMH-IV), the air conditioning unit may be placed in the side yard area on the “back side” (non-entry side), provided that it does not extend beyond the lot line, and it otherwise complies with all of the other setback requirements in said district.

      (3)   Utility cabinet requirements.

         (a)   A utility cabinet shall be permitted provided it does not exceed three feet in depth, six feet in width and six feet in height, and is placed a minimum of five feet from the rear corner of the mobile home, seven feet minimum from rear lot line on the patio side.

         (b)   A utility cabinet, the size of which does not exceed 20 inches in depth, four feet in width and six feet in height, may be installed on the patio side, parallel to the mobile home, provided it does not extend closer than one foot to the rear corner of the mobile home.

   (G)   Purpose and intent For RMH-V District. Under the present configuration of lots and the existing pattern of development, the land area comprising Residential Mobile Home District V (RMH-V) is limited to the location, use and occupancy of travel trailers and recreational trailers only. Such use and occupancy is intended to be of limited and temporary duration only.

   (H)   Site development standards for RMH-V District. All such mobile home units shall be located on the lots within the RMH-V District on an individual basis, subject to the following requirements: trailer length shall not exceed 29 feet and the spacing between trailers must be a minimum of ten feet in all directions.

   (I)   Optional site development standards for RMH-V District. Under the optional plan of reconfiguration of the land area comprising RMH-V District into not more than eight lots, the site development standards for this district shall be the same as for Mobile Home Districts (RMH) I to IV,

(Ord. 1-90, passed 1-31-1991; Ord. 1-96, passed 7-25-1996; Ord. 4-2017, passed 1-25-2018; Ord. 01-2020, passed 5-28-2020)

      (1)   A detached single-family home affixed to a foundation (including on piers) upon a designated lot;

      (2)   Customary accessory uses and structures, for homes provided such uses and structures are incidental to the principal use and do not include any activity not permitted in said district nor commonly conducted as a business; and/or

      (3)   Support facilities customary for home usage such as limited recreational areas, open space, restrooms, vehicle parking areas and community facilities for the use of the town residents, guests and other designees.

         (a)   Installation of a home shall be subject to the dimensions and setbacks specified in the table and notes provided for each district where the lot is located, RMH I through IV.

         (b)   All plumbing work and renovations shall conform to the Florida Building Code including the Florida Plumbing Code.

         (c)   All electrical work and renovations shall conform to the Florida Building Code including the National Electrical Code.

         (d)   All structural repairs, alterations, installations or renovations shall conform to the Florida Building Code including Appendix Q.

         (e)   All fire safety elements shall meet or exceed the Florida Building Code, Chapter 7 Fire and Smoke Protection Features, the Florida Fire Prevention Code, any relevant applicable local technical amendments and all other applicable requirements of law; including but not limited to, firewalls or separations between structures.

         (f)   Certification by an engineer licensed by the state is required certifying that the lowest floor elevation to all homes, second unit, screen rooms, add-a-rooms and the like is consistent with current regulations promulgated by the Federal Emergency Management Agency and the Florida Building Code including freeboard standards.

         (g)   An accessory building shall be located on the same lot as the principal building.

         (h)   Second story construction or usage building height is permitted as follows:

            1.   For a second story, the elevation shall be no more than 25 feet as measured from the crown of road.

            2.   In no instance shall a home exceed 25 feet in building height as measured from the crown of road including mechanical and structural equipment, so long as the lowest floor is usable solely for parking of vehicles, building access or limited storage. Breakaway wall and screen enclosures on such a lowest floor are permitted consistent with the Florida Building Code. All other building design, including porches or decks, shall be subject to the dimensions and setbacks specified in the table and notes provided for each RMH District I through IV.

         (i)   No construction shall include any enclosure below the base flood elevation which shall be constructed or equipped for such uses as a kitchen, dining room, family room, recreation room, office, bedroom, bathroom or workshop.

         (j)   Habitable space and hallways in homes must have a ceiling height of not less than six feet eight inches (2,032 mm). Bathrooms, toilet room, and kitchens must have a ceiling height of not less than six feet four inches (1,930 mm). Obstructions including, but not limited to beams, girders, ducts, and lighting, must not extend below these minimum ceiling heights. Ceiling heights in lofts are permitted to be less than six feet eight inches (2,032 mm).

         (k)   Lofts used as a sleeping or living space must meet the following minimum area and dimension requirements:

            1.   Lofts must have a floor area of not less than 35 square feet (3.25 square meters).

            2.   Lofts must be not less than five feet (1,524 mm) in any horizontal dimension.

            3.   Portions of a loft with a sloped ceiling measuring less than three feet (914 mm) from the finished floor to the finished ceiling may not be considered as contributing to the minimum required area for the loft. Under gable roofs with a minimum slope of six units vertical in 12 units horizontal (50% slope), portions of a loft with a sloped ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

            4.   The access to and primary egress from lofts may be any of the following types:

            5.   Stairways accessing lofts shall comply with the Florida Building Code or with the following:

               a.   Width. Stairways accessing a loft shall be not less than 17 inches (432 mm) in clear width at or above the handrail. The width below the handrail shall be not less than 20 inches (508 mm).

               b.   Headroom. The headroom above stairways accessing a loft shall be not less than six feet two inches (1,880 mm), as measured vertically from a sloped line connecting the tread, landing or platform nosings in the center of their width, and vertically from the landing platform along the center of its width.

               c.   Treads and risers. Risers for stairs accessing a loft shall be not less than seven inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas: 1) The tread depth shall be 20 inches (508 mm) minus four-thirds of the riser height; or 2) The riser height shall be 15 inches (381 mm) minus three-fourths of the tread depth.

               d.   Landings platforms. The top tread and riser of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than six feet two inches (1,880 mm) where the stairway meets the loft. The landing platform shall be not less than 20 inches (508 mm) in width and depth measured horizontally from and perpendicular to the nosing of the landing platform. The landing platform riser height to the loft floor shall be not less than 16 inches (406 mm) and not greater than 18 inches (457 mm).

               e.   Handrails. Handrails shall be provided on not less than one side of each flight with four or more risers.

               f.   Stairway guards. Guards at open sides of stairways, landings and landing platforms shall comply with Section R312.1 of the Florida Building Code.

               g.   Ladders. Ladders accessing lofts shall comply with the above regulations for stairways and with the following:

                  i.   Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm), and ten-inch (254 mm) to 14-inch (356 mm) spacing between rungs. Ladders shall be capable of supporting a 300-pound (136 kg) load on any rung. Rung spacing shall be uniform within three-eighths inch (9.5 mm).

                  ii.   Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.

                  iii.   Alternating tread devices. Alternating tread devices accessing lofts shall comply with Sections R311.7.11.1 and R311.7.11.2 of the Florida Building Code. The clear width at and below the handrails shall be not less than 20 inches (508 mm).

                  iv.   Ships ladders. Ships ladders accessing lofts shall comply with Sections R311.7.12.1 and R311.7.12.2 of the Florida Building Code. The clear width at and below handrails shall be not less than 20 inches (508 mm).

               h.   Loft guards. Loft guards shall be located along the open side(s) of lofts. Loft guards shall be not less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less. Loft guards shall comply with Section R312.1.3 and Table R301.5 of the Florida Building Code for their components.

         (l)   Homes shall meet the requirements of Section R310 of the Florida Building Code for emergency escape and rescue openings. Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet the requirements of Section R310 where installed such that the bottom of the opening is not more than 44 inches (1,118 mm) above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of Section R310.2.1 of the Florida Building Code.

         (a)   Central single units and split system condensing units shall be located beneath the home, where possible and practical, and shall exhaust to the front or patio side as near to the front of the home, as possible.

         (b)   Central single units and split system installation of condensing units shall be made with the unit placed at the front or on the patio side as near to the front of the home as possible, if unable to conform to the provisions of § 153.028(F)(2)(a) above.

         (c)   Window or wall air conditioning units are not allowed.

         (d)   Water cooled condensing units are not allowed.

         (e)   No air conditioning unit shall exceed the maximum noise level of 8.2 Bels, as rated by the Air Conditioning and Refrigeration Institute (A.R.I.).

         (f)   The make, model number, EER rating, noise level and proposed location for all air conditioning units must be stated in the application for installation.

         (g)   In Residential Mobile Home District IV (RMH-IV), the air conditioning unit may be placed in the side yard area on the “back side” (non-entry side), provided that it does not extend beyond the lot line, and it otherwise complies with all of the other setback requirements in said district.

         (h)   All new/replacement air conditioning units shall be installed at a minimum elevation of three and one-half feet NAVD 88.

         (a)   An anchored utility cabinet shall be permitted provided it does not exceed three feet in depth, six feet in width and six feet in height, and is placed a minimum of five feet from the rear corner of the home, seven feet minimum from rear lot line on the patio side.

         (b)   An anchored utility cabinet, the size of which does not exceed 20 inches in depth, four feet in width and six feet in height, may be installed on the patio side, parallel to the home, provided it does not extend closer than one foot to the rear corner of the mobile home.

         (a)   If an existing mobile home is replaced with an elevated single family home, the parking pad and any mechanical equipment supporting the unit at the ground level, must be at or elevated to a minimum three and one-half feet NAVD 88 at the time of the replacement if necessary. In conjunction with the parking pad elevation, if necessary, the driveway shall also be elevated and harmonized between the access road and the parking pad. If the driveway is elevated in addition to the parking pad, then a culvert or drainage structure shall be installed under the driveway. If it is not necessary to elevate the driveway, then it may not act as an obstruction of drainage flow through side ditches or swales from one property to adjacent properties.

         (b)   If an existing mobile home is replaced with an elevated single family home, then the lot (not the unit itself) shall be elevated with the addition of fill to a minimum of three and one-half feet NAVD 88 and a maximum of five feet NAVD 88 when the earliest of the following timeframes occurs:

            1.   Within one year of the date of final inspection when the adjacent lots (not the units themselves) on both sides are elevated;

            2.   Within three years from the issuance of the final certificate of occupancy for the replacement of a mobile home unit to elevated single family home; or

            3.   No later than December 31, 2040.

         (c)   A site plan shall be submitted by the property owner and approved by the town including: 1) whether or not other service connections will need to be upgraded to withstand the addition of fill on the property; and 2) demonstrating that the property elevation will not result in any increase in offsite discharge by including onsite storage capacity or requiring compensatory storage.

         (d)   When a lot is elevated with fill, the following design elements shall be incorporated into the structure and/or lot design as necessary so that post-development discharges are not increased based upon professionally acceptable engineering principles:

            1.   Gutters shall be required directing stormwater runoff to onsite retention areas including, but not limited to, anchored rain barrels or cisterns, bioswales, rain gardens, bioretention flow-through planters or cells, or rock swales;

            2.   Permeable pavement;

            3.   Retaining walls or berms; or

            4.   Other accepted onsite or offsite drainage retention techniques that will prevent post development runoff to exceed pre-development runoff as approved by the engineer of record.

(Ord. 01-2023, passed 5-25-2023)

   (A)   Location of district. The commercial or business use district of the town shall consist of the Commercial (C-1) District which is so designated on the official zoning map and is a portion of the block in the Park Plat bounded by Cardinal Drive, Banyan Boulevard, West Bamboo Drive and Highway A1A; and, a portion of the block bounded by Marina Drive, Banyan Boulevard, Cordova Avenue and Highway A1A.

   (B)   Purpose and intent. The purpose and intent of this district is to provide suitable sites for the development of commercial and business activities of a community-oriented nature such as general office, retail store and service shops in a centralized location consistent with the adopted Comprehensive Land Use Plan of the town.

   (C)   Existing uses permitted. In the Commercial (C-1) District, land, buildings or premises may continue to be used by right only for one or more of the following:

      (1)   Beauty shop and barber shop;

      (2)   Business and professional office;

      (3)   Clubs and social organizations;

      (4)   Drug store;

      (5)   Laundry and dry cleaning operation;

      (6)   Real estate sales office;

      (7)   Retail sales and services;

      (8)   Spas;

      (9)   Utility service facilities; and/or

      (10)   Vehicle parking.

   (D)   Uses prohibited. In Commercial District (C-l), the following uses are specifically excluded:

      (1)   Retail convenience stores and mini-markets, typified by the 7-11, Little General and Cumberland type stores;

      (2)   Fast food restaurants and snack shops, typified by MacDonald’s, Burger King, Wendys and take-out sandwich shops;

      (3)   Bars, taverns and cocktail lounges;

      (4)   Gasoline filling stations and automotive service stations;

      (5)   Automotive service shops, including Quick Lube shops, tire sales and repair shops and automobile washing facilities; and

      (6)   New and used automobile sales and service establishments.

   (E)   Site development standards. The land area comprising the Commercial District (C-1) is fully developed. It is the purpose and intent of this subchapter to permit and allow each building and structure within this district to continue the activities, use and occupancy thereof as it lawfully existed in this mobile home park prior to the enactment of this code.

   (F)   Structural changes, remodeling and new development. Any building in the Commercial District (C-1) to which structural changes are proposed or the exterior is to be remodeled, modified or re-constructed or a new development is to be constructed shall require the issuance of a special exception by the town prior to the issuance of a building permit for any work.

(Ord. 1-90, passed 1-31-1991)

   (A)   Location of district. The civic use district of the town shall consist of the Public and Semi-Public District (PSP-1) which is so designated on the official zoning map and is a portion of the block in the park plat bounded by Cordova Avenue, Banyan Boulevard, the north boundary line of the town and Highway A1A; a portion of the block bounded by Marina Drive, Banyan Boulevard, Cordova Avenue and Highway A1A; and, a portion of the block bounded by the south boundary line of the town, Banyan Boulevard, West Bamboo Drive and Highway A1A.

   (B)   Purpose and intent. The purpose and intent of this district is to provide suitable site for location of civic and community activities, including recreational facilities, marinas, parks, library, club rooms, restrooms, vehicle parking areas and community facilities for the use of the town residents and permitted others. In addition, limited business uses are permitted, such as administration offices, meeting rooms, governmental offices for Zoning Board and Town Council, and offices for security personnel and town employees.

   (C)   Uses permitted. In the Public and Semi-Public (PSF-1) District, land, buildings or premises may be used by right only for one or more of the following:

      (1)   Auditorium;

      (2)   Banks and financial institutions;

      (3)   Card and billiard room;

      (4)   Hobby shop, arts and crafts activities;

      (5)   Laundry and dry cleaning establishments;

      (6)   Maintenance shop;

      (7)   Marinas;

      (8)   Recreation building;

      (9)   Spas;

      (10)   Storage areas for boats, trailers and vehicles;

      (11)   Swimming pool;

      (12)   Utility service facilities; and

      (13)   Vehicle parking.

   (D)   Structural changes, remodeling and new development. The site development standards for this district shall be the same as provided for the Commercial (C-l) District except that a special exception shall not be required as a prerequisite to structural changes, remodeling and new development.

(Ord. 1-90, passed 1-31-1991)

   (A)   Location of district. The recreation use district of the town shall consist of the Recreation (R-1) District which is so designated on the official zoning map. The major portion of this zone is located on that part of the Park Plat bounded on the south by the town boundary line, on the west by Old Ocean Boulevard, on the north by the town boundary line, and on the east by the Atlantic Ocean, where the beach clubhouse and cabanas are located. Additional portions of this zone are the two open space areas lying between Marine Way on the east and the waters of the Intracoastal Waterway on the west; the marina property located between Dock Drive and Bay Drive, west of Banyan Boulevard; the swimming pool site located at the corner of Marina Drive and Banyan Boulevard; and the shuffleboard court and clubroom area located at the corner of Ruthmary Avenue and North Ocean Boulevard.

   (B)   Purpose and intent. The purpose and intent of this district is to recognize certain selected areas of land as suitable for a low level of recreational uses, provided such use can be accomplished while still conserving the environment and natural features within the area, and to provide suitable sites for location of a more intense level of outdoor and indoor recreational activities. Portions of the Recreation (R-1) District have been developed for the location of an ocean front club house, beach cabanas, beach front picnic areas, swimming pool facilities, marinas, fishing sites and other active outdoor recreational activities, including parking and accessory uses. The remaining recreation zone area has been left in open space, which to a limited extent offers the opportunity for natural habitats of desirable, non-endangered species of wildlife, fish or flora. These open areas are also sites for observing scenic beauty or vistas which offer passive recreational enjoyment. It is the intent of this district that such existing open space areas shall be left in their present natural state to the greatest extent possible, rather than be developed as the location for intense recreational uses. The town will limit any future development in this district to low density and low intensity of use. Vehicular traffic shall be specifically prohibited in environmentally sensitive areas and shall be restricted to a necessary minimum elsewhere.

   (C)   Uses permitted. In the Recreation (R-1) District, land, buildings or premises may be used by right only for one or more of the following specified uses:

      (1)   Existing buildings and structures may continue to be used for the intended purpose of their design and construction including the beach clubhouse, beach cabanas, spas, swimming pool facility, shuffleboard court, docks, marinas, play ground, library, club room, hobby shops, restrooms, locker rooms, bathing facilities, vehicle parking and accessory uses; and/or

      (2)   Open space areas shall be used in their natural state as passive recreation areas, including vehicle parking and accessory uses, without further enhancement or development in any substantial extent in conformity with the purposes and intent expressed for this zoning district in division (C)(1) above. Such use includes:

         (a)   Nature, foot and bicycle trails;

         (b)   Wildlife management activities performed in accordance with the applicable methods, criteria and practices endorsed by the Florida Game and Fish Commission, or similar recognized authority;

         (c)   Exploration and observation activities for cultural, anthropological and historical purposes; and

         (d)   Such use of the area in its natural state, for recreational use, fishing or sporting purposes or for the observation of the natural vegetation, flora, fauna or wildlife present thereon, which can reasonably be accomplished with minimum impact on the environment so as not to defeat the purposes and intent of this district.

   (D)   Structural changes, remodeling and new development. Any building in the Recreation District (R-1) to which structural changes are proposed or the exterior is to be remodeled, modified or re-constructed or any new development is to be constructed, shall require the issuance of a special exception by the town prior to the issuance of a building permit for any work.

(Ord. 1-90, passed 1-31-1991)

   (A)   Purpose and intent. The purpose of this zone is to provide parking spaces for the residents, lessees and the visiting public and also to provide, as the individual siting may allow, small areas for landscaping improvements and beautification. These are the only uses permitted for this zoning district.

   (B)   Regulations and permits for on-street parking. There shall be no parking or standing of motor vehicles at any time on any street, road or right-of-way in the town, however named, except by permit. Parking permits shall be available from the Town Manager or designee in accordance with the following regulations, also depicted on the Town of Briny Breezes On-Street Parking Map as adopted by resolution of the Town Council:

      (1)   On Briny Breezes Boulevard, no on-street parking is permitted. However, parking along the north side of Briny Boulevard on the grassy swale and paver covered area parallel to the north side of the roadway, between the north edge of the pavement and the adjacent sidewalk, from North Ocean Boulevard (A-1-A) on the west, to Old Ocean Boulevard on the east, shall be allowed for the owners and guests of the adjoining and abutting mobile home units. Each vehicle so parked must display the applicable valid and current town issued permit at all times.

      (2)   On Old Ocean Boulevard, on-street parking is permitted only as follows: upon notification that an event is scheduled at the beach clubhouse that requires special parking privileges, the Town Manager or designee is authorized to temporarily identify on-street parking spaces on the east side of the boulevard only, as a zone where parking is allowed by special event permit only. The Town Manager or designee may for good cause issue special event parking permits in numbers equal to the number of parking spaces needed for the event and available on the boulevard and may condition such permits as necessary to insure the maximum public use of the street. Such permits shall be revocable at any time by the Town Manager or designee. No person shall park a vehicle in a marked special event parking zone or on-street parking space without first obtaining a special event parking permit from the Town Manager or designee, and prominently displaying such permit in the windshield of the vehicle. Whenever any special event on-street parking permit is granted, no person shall use such permit for any location or time other than as designated on the permit. All such permits shall designate the specific location, date and time for which the permit is valid. All special event parking permits shall remain the property of the town and shall be surrendered upon demand to the Town Manager or designee.

      (3)   On Cordova Avenue, on-street parking is permissible in marked spaces along the south side of Cordova Avenue for the owners and guests of the adjoining and abutting mobile home units. In addition, on-street parking is permissible in marked spaces along the north side of Cordova Avenue for residents and guests throughout the town. Finally, on-street parking is permissible in the area known as the "Bull Pen" along the north side of Cordova Avenue for RV parking. Each vehicle and RV so parked must display the applicable valid and current town-issued permit at all times.

      (4)   On Ruthmary Avenue, South Ibis Drive, North Ibis Drive, South Heron Drive and North Heron Drive, on-street parking is permissible for the owners and guests of the mobile home units located adjacent to their respective drive or avenue. Where marked spaces are provided (e.g. the north side of Ruthmary Avenue), on-street parking is permissible in such spaces. Where marked spaces are not provided (e.g. the south side of Ruthmary Avenue, and all of South Ibis Drive, North Ibis Drive, South Heron Drive and North Heron Drive) on-street parking is permissible parallel to the through lane(s). Each vehicle so parked must display the applicable valid and current town-issued permit at all times.

      (5)   On Juniper Drive, Hibiscus Drive, Cedar Drive, Bamboo Drive, Mallard Drive, Flamingo Drive, Lark Drive, Java Drive, Palm Drive, Bay Drive, Eagle Drive, Cardinal Drive, Marine Way, Banyan Boulevard (except adjacent to the marina canal dead end), North Ocean Boulevard, West Cordova Avenue, no on-street parking is permitted at any time.

      (6)   On Dock Drive and Bay Drive, as well as the fish cleaning station, on-street parking is permissible for marina tenants and guests. Where marked spaces are provided, on-street parking is permissible in such spaces. Where marked spaces are not provided, on-street parking is permissible parallel to the through lane(s). Each vehicle so parked must display the applicable valid and current town-issued permit at all times.

      (7)   On Banyan Boulevard adjacent to the marina canal dead end, and the south side of Marina Drive, and designated spaces on the north side of Cordova Drive, on-street parking is permissible in designated spaces by special lease from the corporation only. Each vehicle so parked must display the applicable valid and current permit at all times.

   (C)   Regulations and permits for off-street parking. Parking or standing of motor vehicles in any driveway, or other designated off-street parking space in the town, including the open area between Marina Drive and West Bamboo Drive which is for special purposes and events designated by the corporation, and also including the areas north of Flamingo Drive on the east side of Banyan Boulevard under the ficus trees, shall generally be regulated by Briny Breezes, Inc. Each vehicle so parked must display the applicable valid and current permit at all times. However, the following regulations shall also apply and shall be enforced in the same manner as on-street parking regulations:

      (1)   Off-street parking may not block adjacent sidewalks or vehicle travel lanes.

      (2)   Commercial uses shall comply with the following off-street parking requirements:

         (a)   For parking for office buildings, there shall be a minimum of one off-street parking space for each 200 square feet of gross floor area, excluding stairways and hallways.

         (b)   For parking for other commercial developments, there shall be a minimum of five off-street parking spaces for each 1,000 square feet of gross leasable area.

         (c)   A plan for the parking facilities shall accompany each application for a building permit or certificate of occupancy for office building and other commercial developments. The completion of the improvements for parking according to such a plan shall be requisite for issuing of the permit or certificate of occupancy.

      (3)   RVs may be parked temporarily (up to a maximum of 24 hours and excluding Sundays and town recognized holidays) between Quonset I and II, and Quonset II and III, for the sole purpose of loading and unloading. Each vehicle so parked must display the applicable valid and current permit at all times.

      (4)   Off-street parking is permissible north of Flamingo Drive on the east side of Banyan Boulevard under the ficus trees. No person shall park a vehicle in the area without first obtaining a parking permit from the Town Manager or designee, and prominently displaying such permit in the windshield of the vehicle at all times.

      (5)   Off-street parking for commercial, government and corporation offices on North Ocean Boulevard does not require a permit; parking shall be in the associated marked spaces.

      (6)   Residents may coordinate with Briny Breezes, Inc. to utilize posts (one on each side of the driveway/parking area entrance, not to exceed four feet in height) with connecting chain to close the off-street driveway/parking area adjacent to their residence when not in use. The foregoing shall be subject to requirements of Briny Breezes Inc., if any, including but not limited to the resident assuming all cost and expense. The town shall have no obligation or responsibility in this regard.

   (D)   Signs and enforcement. The town shall cause signs to be posted throughout the town, sufficient in the opinion of the Town Marshal, or other designated town official with traffic enforcement responsibilities, to place all motorists on notice of these on and off-street parking regulations. The town shall cause these on and off-street parking regulations to be enforced via parking citations, so long as the corporation maintains with the town a current agreement for municipal traffic control jurisdiction over the private streets and road rights-of-way in the Town of Briny Breezes.

      (1)   It shall be unlawful for any person to reproduce, sell, give, barter, rent, or lease, or cause to be sold, given, bartered, rented, or leased, for any value or consideration, any parking permit. Upon the conviction of a violation of this section, all permits issued to, or for the benefit of, the residence for which the sold, given, bartered, rented or leased permit was authorized, shall be void.

      (2)   It shall be unlawful for any person to buy, receive as a gift, barter, rent or otherwise acquire, whether for value or not, any parking permit, except as provided for in this section.

      (3)   Penalties for parking violations. Any motor vehicle found in violation of the parking restrictions imposed by this section shall be cited by a traffic citation appropriate to the circumstances thereof issued by the Police Department or the County Sheriffs Office, and, upon conviction, the owner thereof shall be subject to the penalties provided in § 10.99.

      (4)   Penalties for other violations. Any person violating the other substantive provisions of this section shall, upon conviction, be subject to the penalties provided by § 10.99.

   (E)   Issuance of parking permits.

      (1)   Applications. The Town Manager or designee, which may include a designated third-party approved by Town Council resolution, shall issue parking permits to effectuate the parking regulations of this section. Applications shall be submitted to the Town Manager or designee upon a form approved by the town and provided by the town or designee for such purpose.

      (2)   Agreement for designated third-party. The Town Council shall have the authority to enter into a written agreement with a third-party designee to process applications and issue permits to effectuate the parking regulations of this section. The written agreement with the third-party service provider shall be approved by Town Council resolution.

      (3)   Third-parties. Permits properly issued by third-parties authorized to act for the town by express written agreement with the town shall be considered, for all intents and purposes, the same as if the town had issued the permit to the applicant itself.

      (4)   Households without motor vehicles. Residents that do not possess motor vehicles but who must depend upon regular assistance from visiting relatives and friends who require parking accommodations upon their arrival, are also eligible for on-street parking permits. Such applicants shall furnish the names and addresses of their primary assisting visitors and identify the motor vehicles which they regularly use. Their parking permit shall be temporarily displayed on the vehicle of their visitor at all times that vehicle is parked in the town.

      (5)   Number of permits per dwelling unit. Not more than one permit for on-street parking shall be issued for each qualified dwelling unit to any qualified applicant except as hereinafter provided. Applicants requesting more than one permit for any dwelling unit may be granted one additional permit by the Town Manager or designee, upon a showing that any unassigned parking spaces remain after all other qualified applicants have been accommodated; that there is more than one motor vehicle registered at that applicant’s dwelling unit; and, that there is still insufficient parking available to that applicant.

      (6)   Permit fees. A fee is hereby imposed for each parking permit issued pursuant to this section, which fee shall be set by resolution of the Town Council and shall be paid by the applicant to the Town Manager or designee at the time of application.

      (7)   Permit denial or revocation. No parking permit shall be issued to any applicant having an outstanding parking violation or who has any unpaid traffic fines assessed against them. Furthermore, a permit issued pursuant to this section may be revoked by the Town Manager or designee in accordance with procedures set by resolution of the Town Council. Such procedures shall at a minimum provide for proper notice and due process.

      (8)   Duration of permits. Parking permits issued pursuant to this section shall remain effective for a period of one calendar year, or fraction thereof.

      (9)   Conditions of permits. Each parking permit issued pursuant hereto shall be subject to all the conditions and restrictions set forth in this section and those of the parking areas or spaces for which it is issued, including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be a permit for, or approval of, the violation of any provisions of this code or any other law or regulation.

   (F)   Official parking map. The official parking map for the Town of Briny Breezes, as appended to the town's Code of Ordinances, as may be amended from time to time in conformance with this section, and as kept on file in the office of the Town Manager, is hereby adopted and incorporated into this code.

(Ord. 1-90, passed 1-31-1991; Ord. 1-99, passed 5-27-1999; Ord. 2-08, passed 9-25-2008; Ord. 1-2010, passed 5-27-2010; Ord. 1-2014, passed 9-25-2014; Ord. 02-2020, passed 5-28-2020)