The city commission may provide for fees necessary to recoup the costs of the above provisions. These fees shall be adopted by resolution or ordinance after advertising for and holding a public hearing.

The purpose of the Land Development Code (LDC) regulations is to promote residential and commercial development and redevelopment in the city in a way that protects the public health, safety, welfare comfort, and quality of life of all the citizens of Cocoa Beach. These regulations will aid in providing for increased public safety in traffic, transportation, vehicular parking, parks, commercial buildings, public buildings, residential housing, water and sewage services, storm drainage, barrier island protection, hurricane preparedness and other public requirements and interests. The intent is to help lessen traffic and building congestion in new developments, disorder, and dangers that occur in unplanned and unregulated development; prevent overcrowding and overdevelopment on the land and an undue concentration of population; provide for a more equitable and just land-use pattern; and, provide more reasonable and serviceable means and methods of safeguarding the economic structure and improving the overall aesthetics and the residential quality of life in the City of Cocoa Beach.

(Ord. No. 1616, § 2(Exh. A), 2-1-2018)

The purpose of this chapter is to provide rules and regulations that supplement, modify, or further explain provisions found elsewhere in this Land Development Code and, unless specifically noted to the contrary, apply to all standards, policies and regulations.

(Ord. No. 1616, § 2(Exh. A), 2-1-2018)

These regulations shall be known and referred to as: "The City of Cocoa Beach Land Development Code" and may be referred to herein as "the LDC".

These Land Development Code regulations are enacted pursuant to the requirements and authority of F.S. § 163.3202, the Local Government Comprehensive Planning and Land Development Regulation Act, the City Charter, and the general powers in F.S. chs. 125 and 166.

Editor's note— Ord. No. 1616, § 2(Exh. A), adopted Feb. 1, 2018, repealed the former § 1-08, which pertained to effective date.

Except as specifically provided in this article, the provisions of these LDC regulations shall apply to all development in the city, and no development or redevelopment shall be undertaken without prior authorization pursuant to these regulations.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

Editor's note— Ord. No. 1649, § 2(Exh. A), adopted Oct. 1, 2020, amended § 1-10 in its entirety to read as herein set out. Former § 1-10 pertained to intent LDC regulations apply to all development.

A.

No person shall use, occupy, establish, authorize or permit the use, occupancy or subdivision of any land or buildings under their control except in accordance with all applicable provisions of these regulations. For the purpose of this section, the "use" or "occupancy" of a building, structure or land relates to anything that is or can be done to, on, or in that building, structure or land.

B.

No new or existing building or structure or parts thereof shall be built, erected, constructed, moved, structurally altered, enlarged or reconstructed, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformance with these regulations as permitted in the zoning district in which they are located. In addition, no building, structure or land or parts thereof shall be used or intended to be used for any purpose or in any manner other than a permitted use in the zoning district where the building/land is located.

Previously issued building/development permits. The provisions of these LDC regulations and any amendments thereto will not affect the validity of any lawfully issued and effective building/development permit issued prior to the adoption date of these regulations if:

A.

The development activity authorized by the permit has commenced prior to the effective date of these LDC regulations or any amendment thereto, or after the effective date of these regulations but within six (6) months of issuance of the building/development permit.

B.

The development activity continues to completion with no interruption of more than thirty (30) days except because of man-made force majeure, or natural disaster.

C.

If the permit expires or is otherwise invalidated for reasons other than those referenced above, any further development pertaining to that permit shall occur only in conformance with the requirements of these LDC regulations or amendments thereto.

Previously approved building/development permits or development orders. Projects with active building/development permits or development orders that have not expired when this Land Development Code or an amendment thereto is adopted, where development activity has commenced and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development was approved. If the building/development permit or development order expires or is otherwise invalidated, any further development activity on the subject property shall occur only in conformance with the requirements of these regulations or amendments thereto.

(Ord. No. 1616, § 2(Exh. A), 2-1-2018)

A.

Generally. All LDC regulations shall be consistent with the Comprehensive Plan and the requirements of F.S. § 163.3194(1)(b). Consistency with the Comprehensive Plan means that the land use, densities and intensities, and other aspects of development that are permitted, are consistent with and further the goals, objectives, and policies detailed in the Comprehensive Plan. Additional regulations detailed in this Land Development Code (LDC) are intended to provide a tangible means to achieve the goals, objectives, and policies stated in each section or element of the Comprehensive Plan. Nothing in these LDC regulations shall be construed to authorize any development activity that is inconsistent with the adopted City of Cocoa Beach Comprehensive Plan.

B.

General findings.

1.

Statutory requirement. F.S. §§ 163.3201 and 163.3202 requires each Florida local government to enact LDC regulations that are consistent with the local adopted Comprehensive Plan.

2.

General public need. Controlling the location, design, and construction of development within the city is necessary to maintain and improve the quality of life, as better defined in this section.

C.

Specific findings. With regard to the following specific subject areas of these LDC regulations, the city commission finds:

1.

Administration and enforcement.

a.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.

b.

All developments will file an application in order to participate in a development review process to assure compliance with the requirements of these LDC regulations.

c.

Large scale developments, on sites of three (3) acres or greater or containing structures totaling thirty thousand (30,000) square feet or greater, or both, shall require review by the planning board and the city commission, with final approval required from the city commission.

d.

A quick, efficient, and non-political avenue of appeal shall be available for all ministerial and administrative decisions. This appeal process is outlined in detail in section 1-49 of this LDC.

e.

Enforcement of building/development permits and the provisions of these regulations shall be through procedures that are efficient, effective, and consistent with the code enforcement procedures established by state law and as outlined in chapter 30 of the City Code of Ordinances.

2.

Signs.

a.

Recognizing that signs are necessary because they play an important role in the success of the city's commercial enterprises, such signs should also be made to have a beneficial impact on the character, aesthetics, and quality of life in the city as well as the economy.

b.

Sign regulations are contained in chapter V of these Land Development Codes to facilitate the proper provision of signage within the city and to promote the beneficial impact.

3.

Landscaping and tree protection.

a.

Landscaping and buffering with trees and other vegetation and the preservation of existing trees improves aesthetics and promotes the health, safety, and welfare of the community and, as such, warrants the promulgation and enforcement of landscape requirements.

b.

Landscaping regulations are contained in chapter III, article V of these Land Development Codes.

4.

Off-street parking and loading of vehicles.

a.

Off-street parking and loading of vehicles promotes the public health, safety and welfare by reducing traffic congestion on local streets and highways.

b.

Off-street parking regulations are contained in chapter III, article II of these LDC regulations.

5.

Stormwater management.

a.

Proper stormwater management and treatment is necessary within all developments of the city to further increase the public health, safety, and welfare.

b.

The stormwater master plan provides the goals and guiding principles of stormwater planning, treatment, development, and management. Specific regulations regarding stormwater management are found throughout the LDC, as applicable, and within chapter VII.

(Ord. No. 1616, § 2(Exh. A), 2-1-2018; Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Purpose. For the purpose of these Land Development Code (LDC) regulations, certain words and terms shall be interpreted to have meanings as defined herein. When words or terms are not defined, their most commonly accepted meaning shall apply. The context in which the word or term is used may imply the intended meaning. Words used in the present tense include the future tense; the singular number includes the plural and the plural includes the singular. The words "shall", "must" and "will" are mandatory; the words "may" or "might" are permissive. The masculine gender shall imply the feminine and neuter genders and vice versa. The words "used" or "occupied" include the words intended, designed, maintained ,or arranged to be used or occupied. The word "lot" includes the words plot, tract or parcel. The word "structure" includes the word building and vice versa. The word "land" includes the words marsh, water, or swamp.

B.

Definitions. For the purpose of these regulations, the following definitions apply, unless they are found to be inconsistent with the intent of the city commission, the City Charter or the Comprehensive Plan:

1.

Abut/abutting. To have a common property or zoning district line.

2.

Accepted planning standards and practices. The planning standards and practices which are generally accepted and used by the American Institute for Certified Planners (AICP).

3.

Accessory dwelling unit. A secondary residential unit, which can be attached or detached, located on the same property as the principal residential structure.

4.

Accessory structure or facility. A detached subordinate structure located on the same property as the principal structure but with a use that is incidental to the primary use. Examples include, but are not limited to, a shed or pergola.

5.

ADA (Americans with Disabilities Act). A civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

6.

Adjacent. Touching, next to or contiguous, having a common border

7.

Administrator. The development services director for the city, who is responsible for the administration of the Comprehensive Plan and Land Development Code regulations; who may engage the assistance of other city staff and area professionals, as required; and whose determinations are subject to review by the city manager.

8.

Administrative approval. Approval received and only required by the administrator, subject to review by the city manager.

9.

Administrative waiver. A grant of permission by the administrator, according to the procedures within section 4-42, that authorizes an applicant to deviate from specific standards or provisions of these regulations.

10.

Adult entertainment/establishment. An adult theater, adult store, adult performance establishment, commercial contact parlor, sexual encounter business, or escort service.

11.

Aggrieved person or party. Person or entity who is dissatisfied with an interpretation of the LDC regulations by the administrator or other city staff or the final ruling on a case heard by the planning board, board of adjustment or the city commission.

12.

Alcoholic beverage establishment. Those establishments selling alcoholic beverages, as licensed by the state, such as bars, cocktail lounges and nightclubs, but not including restaurants where at least fifty-one (51) percent of the sales are food sales or hotel/motel pool bars which provide alcoholic beverage services exclusively to guests.

13.

Alley. See street, alley.

14.

Alteration. Any change in size, shape, character, occupancy or use of a building or land, including a change in the amount of impervious surface.

15.

Apartment house. See dwelling, multi-family.

16.

Applicant. The person or agent responsible for completing a city application.

17.

Appurtenances. See Building element.

18.

Aquatic Preserve. Those sovereign lands established by the state and managed under the provisions set forth in F.S. Chapters 253 and 258, as amended.

19.

Artist workspace/dwelling. A combination working studio and dwelling unit for artists.

20.

ASCE 24. A standard titled flood resistant design and construction that is referenced by the Florida Building Code. The standard states the minimum requirements and expected performance for the siting, design and construction of buildings and structures in flood hazard areas that are subject to building code requirements.

21.

Assisted living facility/adult congregate living facility. A combination of housing, personalized supportive services, and health care designed to meet the individual needs of persons who need help with the activities of daily living, but do not need the skilled medical care provided in a higher level nursing facility. A nursing home is typically a home for the aged, chronically ill, or persons with incurable conditions in which three (3) or more persons not in the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted to the diagnosis and treatment of the sick or injured.

22.

Automobile maintenance facility, body shop, automobile mechanics garage, service or filling station or vehicle repair shop. Buildings and premises where automobiles and other vehicles, such as scooters, motorcycles, boats, RVs, aircraft, golf carts, etc., may be worked-on, serviced, repaired, painted, rebuilt, fueled, tinted, enhanced, customized or otherwise have work done on or to them, such as: body shops; mechanical garages; and service/filling stations.

23.

Average daily traffic. The average number of vehicles crossing a specific point on a roadway on an average weekday.

24.

Awning. Any roof like overhang or flexible covering extended from the outside wall of a building.

25.

Balcony. A horizontal flat surface that projects from the wall of a building, is enclosed by a parapet or railing, and is entirely supported by the building.

26.

Bar. A business whose primary activity is the sale of alcoholic beverages to be consumed on premises. Bars include taverns, night clubs, private clubs, and similar facilities serving alcoholic liquor.

27.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the "100-year flood." The base flood is the national standard used by Federal agencies for regulating new development. Base flood elevations (BFEs) are typically shown on flood insurance rate maps (FIRMs).

28.

Base flood elevation. The computed elevation relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or as specified on the flood insurance rate map (FIRM) to which floodwater including wave height is anticipated to rise during the base flood. Base flood elevation (BFE) zones are shown on flood insurance rate maps (FIRM) and on the flood profiles. The BFE is the regulatory requirement for the elevation or flood proofing of structures.

29.

Basement. For the purposes of chapter VII "stormwater management and flood control," the portion of a building having its floor subgrade (below ground level) on all sides.

30.

Bed and breakfast establishment. A family home structure, with no more than ten (10) sleeping rooms, which has been modified to serve as a lodging establishment, is personally and physically operated and occupied by an owner or manager, where transient guests are permitted to reside and where payment is exchanged for this service.

31.

Best management practices (BMP). Methods or techniques found to be the most effective and practical means in achieving an objective, while making the optimum use of the available resources. Examples of BMPs on a construction site include silt fences, inlet protection, and site-stabilization techniques.

32.

Block. An area of land completely surrounded by private or public streets, easements, waterways or other natural physical barriers.

33.

Boat slip. A space designed for the mooring or embarking/disembarking of a single watercraft and usually projecting from a dock or shoreline.

34.

Buildable area. The area remaining on a lot or parcel, after the minimum setbacks have been met, and outside of any property drainage or utility easements.

35.

Building/development permit and/or agreement. The permit issued or an agreement entered into by the city and the applicant to allow construction to commence on a building, subdivision or parcel of land. Also referred to as a development order.

36.

Building element. An architectural feature, including, but not limited to, windows, columns, awnings, chimneys or decorative ornaments. On the top of buildings elements include, but are not limited to, elevator shafts, stairways, mechanical equipment, chimneys, skylights, railings, antennas, roof peaks or parapet walls. Also referred to as an appurtenance.

37.

Building, height of. The vertical distance from the finished grade, or other legally required minimum elevation, of the site as measured twelve (12) inches from the outside wall of the building to the highest point of the finished roof deck elevation (top of the roof deck) of a flat roof, or to the highest bearing point of the roof trusses or roof joists for gable, hip or gambrel roofs, provided any habitable space above the bearing point of the trusses or joists shall be solely for the use of occupant of the floor immediately below and not used as separate occupancy. This definition is for purposes of implementing the regulation of building height found in chapter II "zoning" and chapter III "design standards" of these regulations only.

38.

Building painting/mural. A painting, drawing, or image applied to an external wall which is considered generic art and does not graphically depict a business-related product or service. Any business-related wording or graphics in the painting, drawing, or image shall be considered signage and, as such, shall require zoning authorization.

39.

Building setback lines. Lines established by these regulations along the front, rear and sides of a lot, which governs the location where structures may be placed on a lot.

40.

Building width. The distance from one (1) side of a building frontage to the other.

41.

Canal. See Waterway.

42.

Certificate of occupancy (CO) or temporary (TCO). A document, certified by the chief building official, which certifies a building was constructed in accordance with all building codes, and which may now be opened, used and/or occupied permanently (CO) or for a defined, finite period of time (TCO).

43.

Change of use or occupancy. Replacement of an existing use and/or occupancy with another.

44.

Chief building official (CBO). The licensed individual responsible for the administration of the Florida Building Code within the city. Other qualified individuals may be employed under the supervision of the chief building official.

45.

City, The City of Cocoa Beach, Brevard County, Florida.

46.

Civic/public. Civic/public areas are used for functions of public benefit such as parks and recreation, conservation areas that are dedicated to the public and governmental uses such as city hall, Cocoa Beach Junior/Senior High School, and the U.S. Post Office.

47.

Clearance. The height above the sidewalk, roadway or other flat surface, to the lowest point of an element such as an overhang, balcony, awning, etc.

48.

Clinic. A building where patients are admitted for examination and treatment by one (1) or more persons practicing any form of healing arts, which are licensed in the State of Florida.

49.

Coastal construction control line (CCCL). The line established pursuant to the provisions of F.S. § 161.053, and recorded in the official records of the county. The CCCL defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves, or other predictable weather conditions.

50.

Coastal construction general permit line (GP). The line that defines the seaward limit where general permits can be issued by FDEP for construction activities, is established pursuant to the provisions of F.S. § 161.053(18), and is recorded in the official records of the county. Also referred to as the Coastal construction setback line (CCSBL) or the 1981 CCCL.

51.

Coastal high hazard area. For the purposes of chapter VII "stormwater management and flood control," a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on flood insurance rate maps (FIRM) as Zone V1-V30, VE, or V.

52.

Coastal construction setback line (CCSBL). See Coastal construction general permit line (GP).

53.

Colonnade, gallery or arcade. A covered, open-air walkway at standard sidewalk level attached to or integral with a building frontage; the structure overhead is supported architecturally by columns or arches along the sidewalk.

54.

Commercial use. Buildings, structures or uses designed or intended for transacting commercial business, including hotels and motels, retail or professional activities of any kind.

55.

Commercial parking. A parking lot, area or garage operated with the intent of collecting money for the ability to park vehicles.

56.

Commercial vehicle. Any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of more than ten thousand (10,000) pounds.

57.

Commission. The city commission of the City of Cocoa Beach.

58.

Common open space. An approved and dedicated area of land and/or water designed and intended for the recreational use and enjoyment of residents living within a residential subdivision.

59.

Common space. Generally, the part of a building shared as communal space by occupants.

60.

Compact Car. Cars having a wheelbase of approximately one hundred (100) inches to one hundred nine (109) inches and further defined by the United States EPA.

61.

Community residential home. A dwelling unit licensed to serve clients of the Florida Department of Children and Families, which shall be categorized by levels according to the number of assigned residents on the premises as well as the zoning district in which it is a permitted use. Residents of these homes shall be as defined in F.S. § 419,001 (1)(d). Level I permits includes six (6) or fewer residents, level II permits up to nine (9) residents and level III permits up to fourteen (14) residents.

62.

Conforming. A building, land or use that complies with the LDC or any amendments thereto.

63.

Construction. Any on-site intentional activity that will result in the change of the natural or existing site or building characteristics, including, but not limited to, land clearing or any alterations to property contours, grading, or elevations; the demolition, creation, or alteration of structures; or any changes to the amount of impervious area or ability of the property to manage stormwater.

64.

Contractor and trade operation. An establishment that is primarily engaged in providing an off-site service but which maintains a business office and inventory or equipment at a central location, such as a general contractor or subcontractor, pest control operator, caterer, surveyor, etc.

65.

Convalescent facility. A housing or medical clinic that allows the gradual recovery of health and strength after an illness or injury.

66.

Crown of road. The elevation of the highest part of the vehicle travel-way surface on a right-of-way. If used to measure the height of buildings or structures, the elevation of the crown of road shall be calculated by averaging the three (3) elevations of the crown at the points of intersection of the crown and an extension of the property's side lot lines and at the crown located midpoint between the extensions of the property's side lot lines.

67.

County. The County of Brevard.

68.

DBPR (Department of Business and Professional Regulation). The agency charged with licensing and regulating businesses and professionals in the State of Florida, such as, but not limited to, cosmetologists, veterinarians, real estate agents, restaurants, and vacation rentals.

69.

Density. An objective measurement of the number of residential units allowed per unit of land (acre).

70.

Design flood. The flood associated with the greater of the following two (2) areas:

•

Area with a floodplain subject to a one percent (1%) or greater chance of flooding in any year; or

•

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

71.

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet.

72.

Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of eguipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. This includes building construction and demolition or removal of a structure or an impervious surface; clearing, scraping, grubbing or otherwise removing, altering or destroying the vegetation of a site; adding, removing, exposing, leveling, digging, burrowing, dumping, piling or otherwise significantly disturbing the soils or altering the natural topographic elevations of the site. Any installation, alteration, renovation, material change in the use or appearance of a structure or in the land itself, which can also include the division of land into lots, a change in the intensity or use of the land, an increase in the number of dwelling units in a structure or on the land.

•

Development, small scale. Development on a site that is less than three (3) acres and contains structures totaling less than thirty thousand (30,000) square feet.

•

Development, large scale. Development on a site of three (3) acres or greater or contains structures totaling thirty thousand (30,000) square feet or greater, or both.

73.

Development plan, site plan, plat, preliminary plat, final plat, record drawings or construction plans. A graphic presentation, typically in the form of plans or drawings, which may include a detailed map drawn to an accepted scale, to depict how a property is or shall be developed.

74.

Dormitories. A building primarily used for and containing sleeping accommodations for students or instructors affiliated with an educational institution, churches, athletic teams, or other groups.

75.

Drive-through facility. Any establishment that provides physical facilities which allow its customers to obtain food, goods or receive services while remaining in their motor vehicles.

76.

Dune. An accumulation of sand in ridges or mounds landward of the beach.

77.

Dwelling area. The total internal usable space on all floors of a structure, not including porches, balconies, terraces, stoops, patios, or garages.

78.

Dwelling, accessory. See Accessory dwelling unit.

79.

Dwelling or dwelling unit. A single unit, providing complete living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

80.

Dwelling, single-family. A permanent, detached, private, residential building designed to be used as a home or residence for one (1) family.

81.

Dwelling, multi-family, townhouse, apartment building, or a house/group development. A permanent building designed to have multiple dwelling units which are to be used by three (3) or more families. This does not include transient accommodations.

82.

Dwelling, two-family or duplex. A single building designed with two (2) separate dwelling units which are to be used by two (2) separate families.

83.

Easement. A granted strip of privately owned land which shall provide access to either the general public, a governmental entity or a utility corporation, for public utilities, drainage or other specified purposes, where access is needed onto private property.

84.

FAR. See Floor Area Ratio.

85.

FEMA (Federal Emergency Management Agency). The agency which coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or manmade, including acts of terror and administers the National Flood Insurance Program.

86.

Fence wall. An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.

87.

Fingerfill. A manmade portion of land nearly surrounded by water, containing a street ending in a cul-de-sac and having lots which typically abut both the street and waterway.

88.

Finished floor elevation (FFE). The elevation of the top of the structural slab or foundation.

89.

Fireworks. Any combustible or explosive composition or substance or combination of substances or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, as defined by F.S. § 791.01(4)(a). The term "fireworks" does not include those devices and materials defined by F.S. § 791.01 (4)(b) and (c).

90.

Flea market. An open-air or enclosed market for the sale of new or used merchandise which is typically sold by various merchants.

91.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from:

•

The overflow of inland or tidal waters.

•

The unusual and rapid accumulation or runoff of surface waters from any source.

92.

Flood control. Any undertaking for the conveyance, control, and dispersal of flood waters.

93.

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

94.

Flood hazard area. The greater of the following two (2) areas:

•

The area within a floodplain subject to a one percent (1%) or greater chance of flooding in any year.

•

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

95.

Flood insurance rate maps (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community.

96.

Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data (also see FBC, B, Section 1612.2.) A compilation and presentation of flood risk data for specific watercourses, lakes, and coastal flood hazard areas within a community. When a flood study is completed for the National Flood Insurance Program (NFIP), the information and maps are assembled into an FIS. The FIS report contains detailed flood elevation data in flood profiles and data tables.

97.

Floodplain administrator. The office or position designated and charged with the administration and enforcement of floodplain resources and flood mitigation. Sometimes referred to as the floodplain manager.

98.

Flood profile. A graphical representation of the elevations of the water surface of the 100-year flood along the watercourse.

99.

Floor area ratio (FAR). The measurement (ratio) of the intensity of a building development on a site, most commonly applied to non-residential development. The FAR is the ratio of the gross floor developed area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area.

100.

Floor area, gross. The total horizontal areas of all floors, including penthouses (excluding areas in a building used for parking) measured from the exterior walls of a building.

101.

Floor area, base. The enclosed livable floor area within a dwelling, exclusive of open or screened porches, breezeways, terraces, carports, garages or patios.

102.

Floor area, net. The total horizontal areas of all floors, including penthouses (excluding areas in a building used for parking) measured from the interior walls/surfaces of a building, less areas of non-usable space by patrons of the building, such as walls, utility closets or mechanical rooms.

103.

Florida Building Code. The set of minimum standards which govern the design, construction, erection, alteration, modification, repair and demolition of public and private buildings, structures, and facilities in Florida, and which is adopted, updated and administered by the Florida Building Commission, a division of the Department of Business and Professional Regulation (DBPR).

104.

Forecourt. A private frontage wherein a portion of the facade is close to the front property line and the central portion is set back from the front property line.

105.

Freeboard. Additional height above a specified minimum used as a factor of safety. Freeboard compensates for factors that may increase the depth of flooding.

106.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

107.

Gambling. Participation, which shall include setting up, promoting, playing, participating, staking, betting or wagering, knowingly aiding, assisting or abetting, in the following events: (i) those games of cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value; (ii) any game or drawing of chance by lot or with dice, cards, numbers, hazards or any other gambling device whatever for, or for the disposal of money or other thing of value or under the pretext of a sale, gift or delivery thereof, or for any right, share or interest therein; and (iii) any trial or contest of skill, speed or power or endurance of human or beast. The intent of the definition is to prohibit commercialized gambling, including, but not limited to, "Las Vegas-style casinos," professional card rooms and internet gambling style cafes. It is not intended to include permitted lotteries, such as the state lottery, bingo games, such as those organized by charitable, nonprofit or veterans' organizations, penny-ante games, including, but not limited to, those games operated solely in a personal dwelling (e.g. neighborhood poker game), bowling tournaments, arcade style games wherein coupons or points may be exchanged for merchandise only, or game promotions in connection with, and incidental to, the sale of legitimate products or services or legitimate promotional giveaways.

108.

Garage, parking. A building/structure or portion thereof used exclusively for the storage or parking of vehicles.

109.

Garage, private. A detached building or a portion of the principal building, used for the storage or parking of automobiles by the property occupants. A carport is a private garage.

110.

Garage sale. The sale of old, used or unwanted personal household items, articles and effects on a residential lot by the property owner or occupant. Garage sales shall not include any new or used items, articles or effects which have been purchased for the purpose of resale at the garage sale.

111.

Grade. The surface of the ground.

•

Existing grade. The vertical elevation of the ground surface prior to any development or redevelopment activity.

•

Finished grade. The final grade, after development, of the site that conforms to the approved site plan.

•

Highest adjacent. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

112.

Habitable space. Any enclosed space used, or intended for use, on a day-to-day basis by people for residential purposes, or for purposes of conducting commercial business, or for purposes of a similar nature. Space used for storage or parking is not a habitable space.

113.

Heliport/helipad. A landing pad or area designed and built solely to land helicopters, but not to maintain or store them.

114.

Historic structure. Any structure that is accredited as being of historic significance by a state or local authority after careful review of the historical value of the building or structure and therefore determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Other considerations including the structural condition of the building its proposed use, its impact on life safety and how the intent of the code, if not the letter, will be achieved, will be considered.

115.

Home occupation. Any lawful business use inside a residential home as defined by city codes, as a secondary use to the residential dwelling and which does not change the residential character of the neighborhood.

116.

Hotel or motel. See transient accommodations.

117.

Impervious surface. A surface that has been covered with a layer of material or has been compacted to the point that the surface becomes highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, parking lots, swimming pools, wet pond surface areas at normal or control elevation, and other similar nonporous surfaces. A surface covered with material such as gravel or coguina is impervious.

118.

Industrial use. An activity involving the research, development, manufacturing or repair of goods, materials, components, devices, equipment or systems, and associated storage.

119.

Institutional use. Public and quasi-public buildings and uses for public assemblage such as, libraries, city hall buildings, fire and police stations, hospitals, sanitariums, convalescent homes, public/private schools, public/private camps and clubs, and similar types of uses.

120.

Junkyard. An area or place containing any scrap materials or whole items which are purchased or collected for the purpose of selling, storing, dismantling, recycling or processing for profit as a commercial business.

121.

Kennel. A business location where four (4) or more dogs, cats or combination of both over four (4) months old are kept.

122.

Land clearing. The removal of vegetation from a site, parcel or lot beyond those activities considered to be routine land maintenance, such as mowing, trimming or pruning.

123.

Landscaping. The use of plants, construction, and grading to create a desired effect. Landscaping elements may consist of, but are not limited to, turf and other ground covers, shrubs, vines, hedges, and trees, as well as cover materials, such as mulch, stones, etc. Landscaping related terms are as follows:

•

Caliper. A nursery standard measurement of a tree's trunk diameter as measured at a predetermined point of measurement. Trunk caliper for trees up to four (4) inches shall be measured six (6) inches above the soil line. Trees greater than four (4) inches in caliper shall be measured twelve (12) inches above the soil line.

•

DBH (diameter at breast height). A standard measurement of a tree trunk diameter as measured at a predetermined point of measurement. Trunks of existing trees shall be measured at four and one-half (4½) feet above the soil line. For multitrunked trees, the DBH shall mean the cumulative diameter of the two (2) largest trunks divided by two (2).

•

Existing tree. An existing healthy species of tree with a minimum DBH of one and one-half (1½) inches which normally grows to a mature height of forty (40) feet or more and is not listed as a prohibited plant. Existing trees may be counted to meet some portions of this Code.

•

Florida-friendly landscaping. A statewide program that encourages landscape design, installation, and maintenance practices that conserve water, reduce runoff of fertilizers, and minimize the need for pesticides (http://www.floridayards.org/).

•

Ground cover. A low-growing plant that grows over an area of ground providing protection from erosion and inhibiting weed growth.

•

Hedge. A planting of shrubs and trees, forming a compact, dense, living barrier which screens an area from view.

•

High-water use zone. An area(s) of a property that receives the application of landscape irrigation by use of rotors or sprays with application rates greater than sixty (60) gallons per hour (gph).

•

Irrigation plan. A scaled plan (no greater than 1:40 scale) showing protected trees, turf and high-, moderate-, and low-water use zones separately outlined and illustrated with their separate zones of irrigation, indicating pipe size and layout, the location and type of irrigation heads and valves, and water supply.

•

Landscape buffer. An area of landscaping separating two (2) distinct land uses, or a land use and a public right-of-way, acting to soften or mitigate the effects of one (1) land use on the other.

•

Landscape plan. A scaled plan (no greater than 1:40 scale) showing the whole property, plant materials, complementary hardscape elements such as fountains, sculpture, masonry, walls, tree wells, and water use areas.

•

Landscape architect. A design professional registered in the state as defined by F.S. § Chapter 481, Part II, Landscape Architecture

•

Low-water use zone. An area(s) of a property that receives the application of landscape irrigation by only rainfall or the use of micro-irrigation.

•

Ordinary high-water level. The level that the Indian River Lagoon can be expected to reach during an "ordinary" wet season.

•

Prohibited plant species or invasive plant. A tree or plant that disrupts naturally occurring native plant communities as determined by the University of Florida (UF), Institute of Food and Agricultural Sciences (IFAS) Plant Directory, latest edition, or the Florida Exotic Pest Plant Council's (FLEPPC) List of Invasive Plant Species, most recent edition.

•

Rain sensor. A device connected to the automatic controller of an in-ground irrigation system that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

•

Shade tree. A species of tree which normally grows to a mature height of forty (40) feet or more, and which is a minimum of twelve (12) feet in height and a minimum of three (3) inch DBH at planting.

•

Shrub. A woody plant that is smaller than a tree and has several main stems arising at or near the ground.

•

Understory tree. A species of tree whose mature height is expected to range between fifteen (15) feet and forty (40) feet, and which is a minimum of six (6) feet in height and a minimum of one (1) inch DBH at planting.

•

Water use zones. Distinct portions of a property that are of a low-, moderate-, or high-water use, and which are irrigated with separate irrigation zones on separate programs.

124.

Laundry, self-service. A business location where patrons go to do their laundry and pay for the use of clothes washing and drying machines and where other laundry services may be provided.

125.

Legal nonconforming. Any characteristic of a building, property or use which lawfully existed prior to the enactment of these regulations but does not comply with the current regulations.

126.

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

•

Letter of map amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

•

Letter of map revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

•

Letter of map revision based on fill (LQMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

•

Conditional letter of map revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study: Upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

127.

Level of service (LOS). A method used to measure the amount of service proposed or provided by a public facility based on its operational characteristics.

128.

LID (Low impact development). Systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat

129.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:

•

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

•

Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons, or

•

Available with special features enabling off-street or off-highway operation and use.

130.

Lighting. Any fixed source of light emanating from a man-made device, including but not limited to incandescent, mercury vapor, fluorescent, halogen, or LED. Lighting related terms are as follows:

•

Accent lighting. Lighting used as an enhancement to an architectural feature of a building, sign or other manmade improvement and it includes lighting to enhance landscape features. Such lighting is designed to be subtle and muted and not to create unnecessary reflection or glare.

•

Animated lighting. Flashing, moving or changing lights.

•

Beacon. A light with one (1) or more beams directed into the atmosphere or at one (1) or more points not on the same property as the light source, or any beam of light which rotates.

•

Foot candle. A measure of illumination on a surface that is everywhere one (1) foot from a uniform point source of light of one (1) candle and equal to one (1) lumen per square foot.

•

Full light cutoff. Fixtures shielded in such a manner that all light rays emitted are projected only through the bottom of the fixture.

•

Light trespass. Unwanted light emitted beyond the boundaries of the property on which the light fixture is located, detrimentally affecting residents, vehicle operators, watercraft operators and pedestrians.

•

Lumen. A unit of luminous flux. One (1) lumen per square foot is equal to one (1) foot candle.

•

Turtle friendly lighting. Coastal lighting which is certified and approved by the Florida Fish and Wildlife Conservation Commission (FWC).

131.

Liner building. A building constructed in front of a parking garage, cinema, supermarket, etc. to conceal large expanses of blank wall area and to face the street space with a facade that has doors and windows opening onto the sidewalk.

132.

Live/work unit. A single dwelling unit in a detached building or in a multi-family or mixed use building that also accommodates limited commercial uses within the dwelling unit. The predominant use of a live/work unit is residential, and commercial activity is a secondary use.

133.

Living shoreline. Stabilized coastal edge made of natural materials such as plants, sand, or rock.

134.

Loading zone, off-street loading. An unobstructed area on private property at least twelve (12) feet by thirty (30) feet in area that is provided and maintained for the temporary parking of trucks or other vehicles for the purpose of loading or unloading goods, wares, materials, and merchandise.

135.

Lot, lot of record or metes and bounds parcel. A parcel of land with a legal description with frontage onto an improved public or private street that is recorded with the county. Related terms are provided below:

•

Corner lot. A lot where two (2) intersecting sides abut public or private streets on perpendicular lot lines. A side lot line abutting a street, which is not a front lot line as defined below, is a side street lot line.

•

Double frontage lot. A lot with frontage on two (2) parallel streets on opposing lot lines.

•

Front lot line or frontage. The property line that abuts a street, except on a corner lot where the front lot line is determined by the property address, unless special circumstances exist which require an administrator interpretation. Typically, but not always, the shortest lot line abutting a street is considered the lot frontage.

•

Interior lot. A lot other than a corner or double frontage lot.

•

Lot area. The square footage of a lot measured within the lot boundary lines.

•

Lot coverage. A measure of the intensity of land use that represents the portion of a site that is an impervious surface, expressed as a percentage of the total lot area. This portion includes but is not limited to all areas covered by building, parking structures, driveways, gravel or rock, roads, sidewalks, pools, and any areas of concrete, asphalt, gravel, rock or other impervious material.

•

Lot depth. Distance measured in a straight line between the midpoint of front and rear lot lines. Lots of an irregular shape may use the midpoint of the rear and front lot lines when determining depth,

•

Lot lines. The property boundary lines of a lot.

•

Lot split. The division of a single lot into two (2) legal lots of record where both lots have frontage onto a public or private improved street.

•

Lot width. The distance between two (2) side lot lines. Lots of an irregular shape may use the midpoint of each side lot line to determine width.

•

Rear lot line. The lot line opposite and parallel or approximately parallel to the front lot line.

•

Reverse frontage lot. A lot that has double frontage onto an arterial or collector street on one (1) side, and onto a local street on the opposite side of the lot.

•

Side corner lot line. A lot line which is perpendicular or approximately perpendicular to the front lot line, and which runs parallel or approximately parallel to the side street of a corner lot. Also referred to as side street lot line.

•

Side lot line. The two (2) lot lines that are not the front or rear lot lines, as established herein.

•

Single tier lot. A lot where the rear lot line abuts a highway, any kind of physical barrier, or a nonresidential district that prohibits vehicular access onto the lot from the rear lot line.

•

Side street lot line. See Side corner lot line.

•

Waterfront lot. Any lot with a rear or side yard not separated from a waterway by any dedicated road or other platted parcel.

•

Zero lot line. Buildings/structures built along one (1) or more lot lines, without setbacks.

136.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24.

137.

Manufactured home. A structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer."

138.

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

139.

Marijuana dispensary. A location where a qualified patient or their caregiver (both as defined in Florida State Statutes) can access cannabis in a legal and safe manner.

140.

Marina, commercial. A business that stores, services, fuels, launches, and/or secures boats and may provide related services for owners, crews, and guests.

141.

Market value. For the purposes of chapter VII "stormwater management and flood control," the value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the county property appraiser.

142.

Marquee. A permanent roof architectural projection, the sides of which are vertical and are intended for the display of signs and which provides protection against the weather for the pedestrian, and which is supported entirely from an exterior wall of a building.

143.

Masonry wall. A wall and footing constructed of masonry material meeting the requirements of the Florida Building Code and Land Development Code.

144.

Mixed-use development. A development that includes two (2) or more physically integrated uses on one (1) site or within one (1) structure. This can be any combination of residential, retail, office, or other uses. Mixed-use developments of less than three (3) acres are not permitted to have both permanent occupancy dwellings and transient accommodations.

145.

Mobile food dispensing vehicle. A public food service establishment mounted on wheels and axle(s) that is movable from place to place and, if applicable, includes self-contained utilities, such as gas, water, electricity, and liquid waste disposal. Examples are a food truck or hot dog cart.

146.

Mobile home. A detached mobile dwelling or office unit built onto its own chassis and wheels which can be transported on streets and highways.

147.

Mobile home park. Premises where spaces can be rented or sold for the temporary or permanent placement of a mobile home, including any land or facilities used by the mobile home occupants.

148.

Motor vehicle. Any self-propelled vehicle designed primarily for transportation of persons or goods along public rights-of-way.

149.

Multi-use path. A form of infrastructure, usually located along the side of a street but wider than a traditional sidewalk, that supports multiple recreation and pedestrian transportation opportunities, such as walking, bicycling, and skating, with access for wheelchairs and strollers.

150.

Mural. See Building painting/mural.

151.

NA VD88 or North American Vertical Datum. The vertical control datum of orthometric height established for vertical control surveying in the United States.

152.

New construction. For the purposes of chapter VII "stormwater management and flood control," structures for which the "start of construction" commenced on or after June 16, 1972 and includes any subsequent improvements to such structures.

153.

Nursery school. A day school for the care and instruction of pre-school age children.

154.

Nursing home. A public or private residential facility providing a high level of personal or nursing care for persons, such as the aged or chronically ill, who are unable to care for themselves.

155.

Ocean park and/or public beach. The city managed and maintained public beach area found within the corporate limits of the city which is between the top of the dune line of the beach and a line parallel thereto and five hundred (500) feet east therefrom. Also known as Ocean Beach Park.

156.

Official city maps or plans. Maps/plans officially adopted by the commission used for development, to delineate between various and different districts or for informational purposes.

157.

Open space. Land that is set aside to remain undeveloped and, in the case of public open spaces, may be utilized as civic/public areas.

158.

Open storage area. An outdoor area used to store equipment, materials, or products.

159.

Owner. The person who owns the whole or a part of a building or land.

160.

Pain management clinic. Any publicly or privately owned facility that advertises in any medium for any type of pain-management services or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain and which is required to register with the Florida Department of Health pursuant to F.S. § 458.3265.

161.

Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances.

162.

Parkway. A wide road with trees and grass along the sides and often with a center median.

163.

Parking garage. A covered structure or portion of a covered structure that provides parking areas for motor vehicles, usually in multiple levels.

164.

Pedestrian/urban trail. A multi-use path which creates an active transportation corridor for walking, running, bicycling, skating, or similar use, through a developed environment.

165.

Permanent. The opposite of temporary, mobile or moveable, that includes being permanently attached to a structure, building, or land and fixed in place without change or without being capable of being moved without deconstruction and reassembly at a new location.

166.

Person. This includes agents, associations, firms, partnerships, political bodies, corporations, and individuals.

167.

Pervious/Porous surface. A surface that allows water to percolate through to the underlying ground and includes, but is not limited to, grass/turf, mulch, or landscaped open areas.

168.

Pet care facility. A business location where four (4) or more domestic animals, such as dogs and cats, are provided care. A pet care facility includes, but is not limited to, veterinary facilities, boarding facilities, kennels, groomers, animal sitters/foster care, rescues, shelters, and pet stores.

169.

Pharmacy. A location where medicinal drugs are compounded, dispensed, stored, or sold or where prescriptions are filled or dispensed on an outpatient basis.

170.

Place of worship. A specially designed structure or consecrated place where a group of people, such as a congregation, comes to perform acts of devotion, veneration, or religious study. Places of worship may include ancillary buildings for education, recreation, and social functions.

171.

Planned development. A contiguous land area of a minimum size, as specified, to be planned and developed using a common master plan and containing two (2) or more uses and appurtenant common areas.

172.

Porch. A roofed area, attached at the first floor level of a building, open except for railings and support columns. Porches may be mid story and attached to the front, side or rear of a structure.

173.

Principal plane. The front of the primary mass of a building, typically the first load bearing wall. Porches, stoops, colonnades, and terraces are common architectural details and do not constitute the "principal plane" of a building.

174.

Principal structure/building. The main building on a property which is used for the primary or principal use of the property, which may or may not have accessory structures subordinate to it.

175.

Professional services. Work done for others, predominately on the premises of an office, by someone trained and engaged in such work for a career. Examples include, but are not limited to, lawyers, accountants, insurance agents, engineers, or cosmetologists.

176.

Public safety communications tower. A wireless communication facility owned or operated by a municipal, county, state, or federal government used in part for fire, law enforcement, or other public safety communications purposes. A public safety communications tower does not constitute a building or structure for the purposes of height regulations.

177.

Public facilities and services. The facilities and services typically provided or supervised by a governmental entity or public utility, such as streets, stormwater potable water, sanitary sewer, solid waste, electric, telecommunications, and/or recreational parks, and open space. A public utility is one (1) that is regulated by the Florida Public Services Commission.

178.

Public food service establishment. Any building, vehicle, place, structure, or any room of a building, vehicle, place, or structure where food is prepared, served, or sold for consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered.

179.

Public place. Any government-owned land or facilities to which the public has access.

180.

Public open space. An outdoor space that is maintained by a government or nonprofit entity as a civic amenity for the general public. Public spaces include parks, playgrounds, golf courses, beaches, beach accesses, boat ramps, nature preserves, etc.

181.

Recreational vehicle. A vehicle, including a park trailer, which is: (See section 320.01, F.S.)

•

Built on a single chassis;

•

Four hundred (400) square feet or less when measured at the largest horizontal projection;

•

Designed to be self-propelled or permanently towable by a light-duty truck; and

•

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

182.

Redevelopment. Any proposed expansion, addition, or major facade upgrade to an existing building or structure, a demolition and rebuild of an existing building or structure, or changes to impervious surfaces, topography, grading, paving, or excavation.

183.

Registered professional. A professional registered or licensed by and in the State of Florida and practicing under F.S. Chapter 471, 472, 481, or 492.

184.

Replat. The act of dividing or combining parcels and easements which are part of an existing plat, such that lots lines are created or removed to create new property boundaries in a newly recorded plat or subdivision which will increase or decrease the number of parcels.

185.

Residential use. Buildings, structures or uses designed primarily for single family, duplex or multifamily residences, excluding hotels and motels.

186.

Restaurant. A commercial establishment where food and beverages are prepared and served, and where food sales constitute at least fifty-one (51) percent of gross sales receipts.

187.

Right-of-way (ROW or plural rights-of-way). Publicly owned land which is dedicated and used for a street, alley, walkway, drainage, ingress, egress or other public purpose.

188.

Right-of-way line. The lines that form the boundaries of the right-of-way.

189.

Riparian rights. Right to access the water bordering a property for ingress, egress, boating, and fishing, and those rights are determined as an extension of the property lines to the ordinary high watermark of the navigable waterway, and as further defined in F.S. §253.141.

190.

Screen enclosure. An enclosure consisting entirely of screen mesh, except for essential structural framework required for support.

191.

Sea dune area. That area of land immediately adjacent to the ocean beach consisting of accumulations of sand in ridges or mounds landward of the ocean beach often stabilized and covered by salt-resistant plants and vegetation indigenous to this formation, including but not limited to sea oats, herbs, woody vegetation, and other growth common to the beach area adjacent to the coastline, which serves as an immediate buffer to the waters of the Atlantic Ocean and onshore winds.

192.

Seawall/bulkhead. Shoreline protection structures designed to combat erosion constructed along ocean and other waterway shorelines, which may also include revetments and sandbags.

193.

Self-storage facility. A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.

194.

Semi-public facilities and services. Institutional, academic, governmental, and community service uses, either owned publicly or privately, including, but not limited to, hospitals, schools, libraries, and cemeteries. See also Institutional use.

195.

Semi-trailer. A freight trailer, enclosed or open, with wheels at the rear end, with the forward end being supported by the rear of a semi-trailer truck/tractor when attached and by other means, including, but not limited to, vertical extendable legs, when not attached to a semi-trailer truck/tractor.

196.

Semi-trailer truck/tractor. A truck, also called a tractor, which connects to a semitrailer for the purpose of hauling freight. Sometimes referred to as a semi-truck or just a semi.

197.

Service area. An equipment area, loading area or dock, trash collection area, trash compaction area, truck parking area, recycling area, or other similar service function area.

198.

Setbacks. See Building setback lines.

199.

Shopfront/storefront. Display windows of a building housing a commercial use that is visible from a street, sidewalk, or other pedestrian way accessible to the public or adjacent public or private property.

200.

Sidewalk. A path for pedestrians, and sometimes bicyclists, usually along the side of a street.

201.

Sign. Any words, lettering, figures, numerals, emblems, devices, trademarks, trade names, or any combination thereof, by which anything is made known and which is designed to attract attention or convey a message. Sign related terms are listed below:

•

Address sign. A sign applied to a building wall, curb or other similar surface that displays a building or unit address.

•

Animated sign. A sign which is designed or intended to change physical position by any movement, rotation or lighting effects.

•

Awning sign. A sign incorporated into or attached to an awning.

•

Backlit awning sign. A sign incorporated into or attached to an awning with an interior source of light which illuminates the sign by shining through the surface of the sign from the internal light source.

•

Balloon/inflated sign. A sign filled with gaseous elements which make it rise, dance, or float.

•

Banner or flag sign. A sign having wording or illustrations applied to a flexible material. Banner signs are usually attached to flat wall surfaces or hang vertically. Flag signs are attached to vertical, flexible poles.

•

Bulletin board. A sign with removable letters, words, or numerals.

•

Channel letters. Removable letters that fit into channels on a sign or marquee.

•

Dilapidated sign. Any sign which is structurally unsound, fails to meet applicable building, electrical, and safety codes, has defective parts or is in need of painting and/or maintenance.

•

Directional sign. A sign which directs or guides traffic, vehicular or pedestrian, to a destination.

•

Discontinued sign. A sign on property which is vacant or unoccupied for a period of ninety (90) days or more, which references services no longer available at the site, or a which offers goods no longer available at the location where the sign is located.

•

Electronic message board sign. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments.

•

Freestanding sign. Any mobile or portable sign or sign structure not securely attached to the ground or a structure.

•

Ground or monument sign. A freestanding sign attached to a structure secured to the ground. Ground signs are typically supported by poles and monument signs typically have a solid monument structure built up from the ground without pole supports.

•

Hanging sign. A sign attached to and extending below a marquee, roof overhang or canopy.

•

Illuminated sign. Any sign illuminated in any way by an artificial light source.

•

Message board or message center sign. A sign with changeable text, Nonelectronic message boards typically consist of letters attached to a surface within a transparent display case.

•

Nameplate. A sign consisting of either a panel or individual letters applied to a building listing the name and/or address of businesses or building tenants.

•

Nit. A unit of measurement of luminance, or the intensity of visible light, where one (1) nit is equal to one (1) candela per square meter (DC/M2). The higher the number of nits, the brighter the screen.

•

Noncommercial. A sign that does not contain information or advertising for any business, commodity, services, entertainment, product or other attraction.

•

Obscene sign. A sign which is deemed obscene pursuant to the Florida and United States Constitutions.

•

Off-site sign. A sign identifying an activity which is not on the property where the sign is located or which offers products or services available at a location different from the sign location.

•

Painted wall sign. A sign applied to a building wall with paint and which has no individual sign structure.

•

Portable sign. A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and that may be easily moved or relocated for reuse. Portable signs shall include, but are not limited to, signs mounted on a trailer, bench, wheeled carrier, or other nonmotorized mobile structure with or without wheels.

•

Roadside sign. A temporary sign on wheels, stands or pulled by a trailer that is intended to be installed at or near the right-of-way to attract attention.

•

Reader board. A portion of a sign which allows for modification of the message by manual, electronic, or mechanical means.

•

Roof sign. A sign erected upon or directly above a roof or on top of/above the parapet of a building.

•

Sidewalk sign. A moveable, freestanding sign that is typically double-sided and placed at the entrance to a business to attract pedestrians, (also called a sandwich board or A-frame sign).

•

Shingle sign. A small blade or projecting sign, usually mounted on the ground floor level.

•

Snipe sign. A temporary sign of any material attached in any manner to trees, poles, stakes, fences or other objects, and displayed on public property or in the public right-of-way.

•

Temporary sign. Any sign on display for a limited amount of time and not intended or designed for permanent installation.

•

Vehicle sign. A sign affixed to or applied to a trailer, vehicle, or watercraft.

•

Wall sign. A sign attached flush to the wall of a building as a single unit, with only one (1) advertising surface, including signs attached to a mansard roof and facade signs.

•

Window sign. A sign painted, attached or hanging on the inside of a window or other opening which is visible from outside.

202.

Site plan. A plan, to scale, showing uses and structures proposed for a parcel of land as required by these regulations, including lot lines, streets, building sites, reserved open spaces, buildings, elevations, stormwater management elements, major landscape features, and the location of proposed utility lines.

203.

Special exception. The use of a property which is not permitted "by right" but is only granted after approval by the board of adjustment when it has been determined to be compatible with the permitted use(s) on a property in a specific zoning district and is found not to be detrimental to the surrounding properties, businesses, traffic-flows or area, to the extent that such special exception is consistent with the Comprehensive Plan.

204.

Special flood hazard area (SFHA). The land area covered by the floodwaters of the base flood is the special flood hazard area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V.

205.

Start of construction. For the purposes of chapter VII "stormwater management and flood control," the date of issuance of permits for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred eighty (180) days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

206.

State. The State of Florida.

207.

Stoop. A small platform and/or entrance stairway at a home's door, commonly covered by a secondary roof or awning.

208.

Street. Any public or private roadway, avenue, drive, boulevard, cul-de-sac, road, alley, lane, viaduct, causeway and all other highways, roadways, and rights-of-way in the city. Streets within the city are classified as follows:

•

Arterials—Highways—Causeways. Major streets/highways used for fast and heavy traffic with minimal ingress/egress and a minimum of two (2) lanes of travel in each direction.

•

Collectors—Boulevards—Avenues. Mid-sized streets that bring local traffic to arterials with up to two (2) lanes of travel in each direction and slower speeds.

•

Local streets (roads/lanes/drives/cul-de-sac). Minor streets typically found in neighborhoods with one (1) lane of travel in each direction and slow travel speeds.

•

Alleys. Rights-of-way designed to serve as secondary access to the rear or side of properties, typically less than twenty-five (25) feet wide.

•

Primary pedestrian street. These streets, as designated in this code, support decreased dependence on motor vehicles, make travel on foot pleasant, safe, and easy. The development along a primary pedestrian street should: acknowledge the need to accommodate arrival by vehicle; support increased arrival by transit, carpool, bike, and on foot; and create incentives to circulate within the area by non-auto modes (on foot, by shuttle or bus, or bicycle).

209.

Stores and services. Establishments that sell merchandise or food or provide personal or professional services. The following are not considered stores and services: automotive maintenance facility, adult entertainment establishment, contractor and trade operations, convenience store with fuel, drive-through facilities for any use, parking lot or garage, marina, self-storage facility, nightclub or bar, or pain management clinic. Classifications of stores and services, as used in these regulations, are listed below:

•

Stores and services, limited. An establishment, as defined above, containing no greater than one thousand (1,000) square feet of enclosed floor space.

•

Stores and services, general. An establishment, as defined above, containing greater than one thousand (1,000) square feet but no greater than thirty thousand (30,000) square feet of enclosed floor area.

•

Stores and services, large format. An establishment, as defined above, containing greater than thirty thousand (30,000) square feet of enclosed floor area.

210.

Stormwater. Water that originates from a rainfall event.

211.

Stormwater management plan. Describes how the proposed stormwater management system for a development will be constructed to meet the requirements of the city's stormwater master plan which is managed by the city's stormwater department.

212.

Stormwater management system. A system which is designed and constructed to control discharges necessitated by rainfall events, incorporating methods (BMPs) to collect, convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or reduce flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system.

•

Note: additional definitions related to stormwater management, flood control and pollution prevention are listed within chapter VII "stormwater management and flood control" of these LDC regulations.

213.

Structural alteration. Any change in the supporting members of a structure, such as load bearing walls, columns, beams, girders, or any substantial change in the roof or exterior wall of a structure, as determined by the building official.

214.

Structure. Any building, stand-alone system or facility, that is thirty (30) inches or more in height, that requires support by a foundation, such as a footer, stem wall, or piling, and which is constructed in place.

215.

Structure, temporary. Any structure that is not attached to a permanent foundation.

216.

Structure, temporary storage. A temporary structure designed primarily for storage of building materials, household items, and other such material; and that is not intended for permanent installation.

217.

Structure, portable. A structure assembled offsite and delivered to a location as a complete unit or a structure purchased in a kit and assembled onsite, which can then be moved to another location without disassembly.

218.

Structured parking. See Parking garage.

219.

Subdivision, major. The division of a tract of land into more than ten (10) lots or parcels for the purpose of individual lot sales and/or building development. This shall also include any subdivisions which have a dedication of a new public/private street or change the alignment of existing street(s).

220.

Subdivision, minor. The division of a tract of land into ten (10) or less lots or parcels for the purpose of individual lot sales and/or building development and does not include any new public/private streets or a change in the alignment of an existing street.

221.

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the building or structure before the damage occurred.

222.

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

•

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

•

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

223.

Summary plat. Where two (2) or more lots are combined into one (1) lot of record under single ownership, and where no public or private streets or rights-of-way are added or altered as a result.

224.

Tattoo studio. Any place of business licensed to perform tattooing, as defined in F.S. §381.

225.

Temporary sales. Any sale made by a person, firm, or corporation engaging in the temporary business of selling goods, wares, or merchandise.

226.

Temporary use permit. A permit approved for authorization of a particular activity for a specified length of time. The administrator is responsible for assigning applicable conditions and the approved time limit.

227.

Terrace. A level paved area or platform next to a building, a patio, or a veranda.

228.

Traffic impact statement/analysis. A traffic report/study/analysis to identify the impact of the traffic generation and flow created by a development, and its impact on the community. This report may also contain options for addressing any identified impact.

229.

Transient accommodations (hotels, motels). A group of lodging units for guests which include, at a minimum, sleeping quarters with private bath(s) that may or may not include additional rooms, that are not intended to be permanent residences, and which have a centralized rental office on the property with no less than twelve (12) hours of operation every day.

230.

Travel trailer/camper trailer. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, or vacation.

231.

Vacation rental. Any residential unit that is used as transient lodging, which is rented to separate guests more than three (3) times in a year, or which is rented for less than one (1) month at a time, or which is advertised as lodging for guests.

232.

Valance. The portion of an awning that hangs perpendicular to the sidewalk.

233.

Variance. A variance is a type of formal modification of the dimensional or numerical requirements of the LDC regulations where not contrary to the public interest and where, owing to conditions peculiar to the property, and not the result of the actions of the applicant, a literal enforcement of these regulations would result in unnecessary and undue hardship. As used in section 4-39 of these regulations, a variance may be approved by the board of adjustment and it is authorized only for height, area and size of structure or size of yards and open spaces to the extent that such variance is consistent with the Comprehensive Plan and City Charter. Applications for a variance for a building height to exceed forty-five (45) feet shall be governed solely by section 4-40. For a variance from the flood resistant construction requirements of the Florida Building Code, see chapter VII, section 7-16.

234.

Vehicle. An instrument of conveyance, which can include any conveyance used for transporting passengers or things by land, water, or air. It can be a self-propelled conveyance that runs on tires, such as a car, truck, motorcycle or cart, or runs on water, such as a boat or barge.

235.

Vehicular use area. Any paved or unpaved ground surface area used for storage, display, temporary parking, and/or maneuvering of vehicles by employees or customers, either for compensation or to provide an accessory service to a commercial, institutional, or residential use, excluding single-family and duplex residences.

236.

Vending machine, freestanding. Any unattended self-service device that, upon payment, dispenses something of value, such as ice, beverages or merchandise and which is standing alone or on its own foundation free of support or attachment to a structural wall.

237.

Waiver, administrative. See Administrative waiver.

238.

Watercourse. A water channel and banks, but not the adjoining floodplain areas. The flood carrying capacity of a watercourse refers to the carrying capacity of the channel.

239.

Watercraft. A boat, canoe, raft, surfboard or other vessel designed for use on the water.

240.

Waterfront launch facility. Water dependent facilities that are open to the public and offer public access by vessels to the waters of the state that are support facilities for recreational, commercial, research, or governmental vessels. These facilities include piers, wharves, docks, and similar structures to which vessels may be secured, buildings on such structures or contiguous to them, and equipment and materials on such structures or in such buildings.

241.

Waterway. A body of water, including any creek, canal, river, lake, bay, or any other body of water, natural or artificial, but not including a swimming pool, spa, or ornamental pond.

•

Canal. An artificial open channel or waterway constructed for one (1) or more of the following purposes: transporting water, connecting two (2) or more bodies of water, or serving as a waterway for watercraft.

•

Navigable waterway. A body of water, such as a river, canal or lake that is deep, wide, and slow enough for a motorized vessel to pass.

242.

Waterside accessory structure. Residential and commercial piers, docks, decks, slips, boathouses, boat lifts, boat shelters, mooring posts, davits, piles, buoys, dolphins, or other similar structures.

243.

Wireless communication facility. Any facility that transmits and/or receives signals by electromagnetic or optical means, including antennas, microwave dishes, horns, or similar types of equipment towers, or supporting equipment.

244.

Work/Uve unit. A single dwelling unit in a detached building, or in a multi-family, mixed-use, or commercial building, where the predominant use is commercial, and residential activity is a secondary use.

245.

Workshop/studio. An establishment for the creation or display of arts and crafts, the production or repair of clothing and jewelry, or instruction in dance, exercise, or martial arts, or other similar uses/activities.

246.

Yard. Open space unoccupied and unobstructed by any structure.

247.

Year. A calendar year.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020; Ord. No. 1666, § 2, 2-17-2022; Ord. No. 1665, § 2(Exh. A), 7-21-2022; Ord. No. 1689, §2(Exh. A), 11-7-2024)

It shall be unlawful for any person to violate or fail to comply with any of these LDC regulations and regardless of any provision of law to the contrary, violations of the LDC will be enforced as follows:

A.

The issuance of a citation and/or notice of violation in accordance with the provisions of City Code chapter 30; or,

B.

Enforcement by other means including, but not limited to: a summons; a notice to appear in the county or circuit court; an arrest; an action before the code enforcement special magistrate or board; or a civil action for injunctive relief; or,

C.

Punished in accordance with general penalty set forth in the City Code of Ordinances section 1-8.

Each such person will be considered guilty of a separate offense for each day or portion thereof, where any violation of these LDC regulations are committed or continued.

(Ord. No. 1616, § 2(Exh. A), 2-1-2018; Ord. No. 1649, § 2(Exh. A), 10-1-2020)

The city code enforcement special magistrate or board will assess any costs against any person convicted of violating city codes within the city limits as determined by the special magistrate or board based upon the city costs incurred.

It is hereby declared to be the intention of the city commission that the sections, paragraphs, sentences, clauses and phrases of these LDC regulations are severable, and if any phrase, clause, sentence, paragraph or section of this LDC shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of these LDC regulations.

The Florida Building Code, and the Unsafe Building Abatement Code as may be amended and as promulgated and established by F.S. ch. 553, and as may be adopted by the city commission is hereby adopted as fully as if incorporated and set forth at length in this section and made part of these LDC regulations by reference.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

Editor's note— Ord. No. 1649, § 2(Exh. A), adopted Oct. 1, 2020, amended § 1-30 in its entirety to read as herein set out. Former § 1-30 pertained to building code.

For the purposes of consistency and concurrency and to be in line with the City Charter and to further the city's objectives and policies, land uses, densities and intensities as specified in the City of Cocoa Beach Comprehensive Plan, or as may be adopted or amended by the city commission from time to time in accordance with F.S. ch. 163, pt. II, and codified in City Code chapter 16.5, said Comprehensive Plan is hereby adopted as fully as if incorporated and set forth at length in this section and made part of these regulations by reference.

The International Property Maintenance Code, as may be amended and adopted from time to time is hereby adopted as fully as if incorporated and set forth at length in this section and incorporated by reference

(Ord. No. 1616, § 2(Exh. A), 2-1-2018; Ord. No. 1649, § 2(Exh. A), 10-1-2020)

The City of Cocoa Beach Engineering Design Standards, as may be adopted and amended from time to time are hereby adopted as fully as if incorporated and set forth at length in this section and incorporated by reference.

(Ord. No. 1616, § 2(Exh. A), 2-1-2018; Ord. No. 1649, § 2(Exh. A), 10-1-2020)

City commissioned local plans, as may be adopted and amended from time to time, are hereby adopted as fully as if incorporated and set forth at length in this section are incorporated by reference.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

All powers of the city shall be vested in the city commission except as otherwise provided by law or the City Charter, and the commission shall provide for the exercise of such powers and for the performance of all duties and obligations imposed on the city by law.

B.

In general, the following functions, powers and duties of the commission shall be to:

1.

Ratify the updating of the Comprehensive Plan; to ensure the city's Comprehensive Plan meets present and foreseeable future needs and is consistent with the City Charter, as required from time to time.

2.

Provide for the approval of development or redevelopment on sites with, buildings thirty thousand (30,000) square feet or greater, on properties of three (3) acres or greater, or both, to ensure consistency with the Comprehensive Plan and the LDC regulations.

3.

Conduct public hearings as may be necessary in the discharge of its enumerated duties.

4.

Amend these regulations, following reviews and recommendations by the planning board.

5.

Authorize and delegate duties to city administration or other boards as necessary to implement these LDC regulations.

6.

Adopt fee schedules, through resolution or ordinance, as may be required and amended from time to time.

7.

Hear and decide on variances to height and density as defined and required by the City Charter.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

The city commission shall establish an independent planning board of not less than five (5) members, to serve as the city's comprehensive planning agency, to review permits and land development within the city to assure that they conform to the city's building and zoning ordinances and comprehensive plan, to monitor the city's growth and the adequacy and effectiveness of its zoning regulations, and to oversee the periodic evaluation and amendment of the city's comprehensive plan as required by state law.

B.

The city commission shall establish an independent, board of adjustment of not less than five (5) members to hear and decide appeals from any administrative decision in enforcement of the zoning ordinance and to grant special exceptions to and variances from the zoning ordinance when justified. Decisions of the board of adjustment shall not be subject to review or alteration by the city commission.

C.

The establishment and design of the planning board and board of adjustment:

1.

There is hereby established a planning board and a board of adjustment, established in the following manner:

a.

Each board shall consist of five (5) regular voting members and two (2) alternate non-voting members.

b.

Each regular member is appointed by one (1) city commission member/mayor to serve a term of office corresponding with the member making the appointment and shall be assigned the seat number corresponding to that of the appointing elected official.

c.

After election of the mayor and/or each commissioner, the corresponding board member's office shall expire, and prior to the first meeting in January of the following year, the newly elected mayor or city commissioner will appoint one (1) board member with their corresponding seat number to each of the two (2) boards.

d.

The outgoing board member shall continue to serve on their respective board until the new appointment is made.

e.

Vacancies shall be filled by the elected official who initially appointed the board member position that has been vacated.

f.

Within thirty (30) days of being notified of the board vacancy, the elected official shall appoint a new regular board member. Whenever possible, the outgoing board member shall continue to serve until the new appointment is made.

2.

Two (2) alternate members for each board shall be appointed in the following manner:

a.

The city commission shall appoint two (2) alternate non-voting members to terms of four (4) years.

b.

Appointment of alternates shall be made by an individual commission member using a rotating schedule starting with Commission seat one (1).

c.

Alternates are expected to attend and participate in every board meeting; absences will be reported as set forth in the board's bylaws.

d.

Alternates shall serve as a voting member when a regular voting member cannot attend the meeting or is otherwise unable to vote on a particular item.

e.

The first alternate appointed shall serve in place of a regular voting member when the first vacancy occurs unless the first alternate is unavailable; then the second appointed alternate shall serve.

f.

Each alternate shall thereafter rotate service.

g.

If an alternate position becomes vacant for any reason before completion of the term, the commissioner who appointed that alternate position shall appoint a new alternate to complete the unexpired term.

3.

Any regular or alternate board member, who wishes to speak as a directly affected party on an agenda item, may do so after disclosure to the board and after recusing themselves, if and when it is required. After recusal, the board member shall leave the dais and shall not participate in board discussions but may speak as a directly affected party.

4.

In the event a matter before the board is continued and an alternate is now required, or an alternate was originally present and the regular member is now available, the alternate or the regular member who was not present at the continued meeting may vote but they shall first acquaint themselves with the facts and issues of the case that may include reviewing any minutes, tapes and exhibits which were presented to the board members who attended the continued meeting.

5.

All board members shall be appointed from among persons in a position to represent the general public interests and none shall be appointed with private or personal interests likely to conflict with the general public interests. If any person shall find that their private or personal interests are involved in any matter coming before the board, they shall recuse themselves from taking part in any action on the matter, or they may be disqualified by the board chair.

D.

Planning board and board of adjustment—Removal from office; vacancies.

1.

The city commission may remove any board member for cause.

2.

Board chair shall notify the city commission promptly of any vacancies on the board.

3.

If any regular voting member fails to attend two (2) out of three (3) successive board meetings, without cause and without prior approval of the board chairperson, the board shall declare the member's seat vacant.

E.

Planning board and board of adjustment—Officers, rules, employees, salaries and expenses.

1.

Membership; terms. The board shall elect a chair and vice-chair and it may also choose to elect a secretary, through an election that includes all regular and alternate members. Terms of all elected board officers shall be for one (1) year, with eligibility for re-election.

2.

Rules; records deemed public. The board shall adopt rules for its governance and for the transaction of its business, and shall keep a record of member attendance at meetings and of resolutions, transactions, findings and determinations, showing the vote of each member on each required vote, or if absent or abstaining from voting, indicating such fact. The records of the board shall be a public record.

3.

Meetings. The board shall regularly schedule one (1) meeting per month, on a day established by the board, and it may hold such additional regular meetings as may be designated by the board. The board chair may call special meetings to be held by the board, as long as each member of the board is provided with at least three (3) day's written notice of any special meeting. Each board shall have the power to take testimony under oath and compel the attendance of witnesses.

4.

Funding; fiscal affairs. Subject to prior approval of the city commission and within limits set by appropriations or other funds made available, the board may employ such staff, technicians and experts as deemed necessary, and it may incur such other pre-approved expenses as may be necessary for the conduct of its affairs. Members of the board shall receive no salaries or fees for their services thereon, but may receive necessary travel, per diem and other expenses while on official business for the board if funds are available for this purpose.

F.

Planning board and board of adjustment—Appropriations, fees, and other income. The city commission may make available to the board such appropriations as it may see fit for salaries, fees and expenses necessary in the conduct of its work. The board shall have authority to expend all sums so appropriated and other sums made available for its use from grants, gifts, and other sources for the purposes and activities authorized by this article.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

The functions, powers and duties of the planning board shall include the following:

1.

Serve as mandated by the state as the city commission's advisory local planning agency on the development, maintenance and updating of the Comprehensive Plan and LDC and identify any deficiencies with these documents to meet present and foreseeable future needs that require final approval by the city commission.

2.

Prepare, provide and recommend an analysis to the city commission of potential consequences of proposals promoting orderly development along lines that are consistent with the Comprehensive Plan and LDC.

3.

Review and make recommendations to the city commission on development and redevelopment on sites with buildings of thirty thousand (30,000) square feet or greater or on sites of three (3) acres or greater, or both, for consistency with the Comprehensive Plan and LDC and report such inconsistencies promptly to the city commission.

4.

Conduct such public hearings as may be necessary in the discharge of its enumerated duties; to gather information necessary for the drafting and revision of the Comprehensive Plan and LDC, and the review of all related ordinances and regulations.

5.

Perform any other such duties which may be lawfully assigned.

6.

Review certain appeals from interpretations and findings made by city administrative officials and/or agencies in regards to the comprehensive plan and other such items as deemed appropriate for the planning board to hear.

7.

Planning board special considerations:

a.

A representative, as appointed by the Brevard County School District, is to serve as a non-voting member, to attend those meetings at which will be considered comprehensive plan amendments or rezonings, which could increase residential density on the subject property.

b.

No appointed regular or alternate member of the planning board shall hold any other public office or position that serves the government of the city, with the exception of committee appointments, while serving on the planning board.

c.

The planning board shall not transact any business at any regular or special meeting unless a quorum of four (4) members is present. Decisions that are advisory to the city commission shall require a majority vote of the attending quorum.

d.

Legal advertisement and notification shall be required for Comprehensive Plan amendments as detailed within Florida State Statutes.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

The functions, powers and duties of the board of adjustment (BOA) shall include the following:

1.

Special exceptions. Upon receipt of a request for a special exception, which shall be submitted according to the procedures provided within section 4-43 of these LDC regulations, the BOA shall hold a quasi-judicial public hearing. The applicant and staff present evidence and interested persons may speak at the hearing. Staff may also make a recommendation based upon the requirements provided within section 4-43. The BOA then determines if competent substantial evidence has been presented and determines what conditions and safeguards are deemed appropriate. The BOA may approve the request, with or without conditions, may postpone the request if more information is pending, or may deny the request for a special exception when the request is not in harmony with the purpose and intent of these LDC regulations, the Comprehensive Plan or the City Charter.

2.

Variances. Upon receipt of a request for a variance, which shall be submitted according to the procedures provided within section 4-39 of these LDC regulations, the BOA shall hold a quasi-judicial public hearing. The applicant and staff shall present evidence and interested persons may speak at the hearing. Staff may also make a recommendation based upon the requirements provided within section 4-39. The BOA then determines if the variance criteria have been met based on the evidence presented to the board. The BOA may approve the request, with or without conditions, may postpone the request if more information is pending, or may deny the request for a variance when the request is not in harmony with the purpose and intent of these LDC regulations, the Comprehensive Plan or the City Charter.

3.

Appeals. The board of adjustment shall have the authority to hear and decide appeals as it relates to the interpretation of the land development code (LDC).

4.

Concurring vote. The concurring vote of four (4) members of the board of adjustment is required to grant a variance or special exception. The concurring vote of three (3) members of the board shall be necessary to grant an appeal.

5.

Variances. Variances to height and density greater than what is provided within the City Charter are not under the authority of the BOA.

B.

Appeals from the board of adjustment. An appeal from a decision of the board of adjustment shall lie only in the courts. Any persons aggrieved by any decision of the board of adjustment, may, within thirty (30) days of the filing of such decision with the city clerk, apply to the courts for review of such decision in the manner provided by Florida laws.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Established; ex officio membership.

1.

There is hereby created a local construction regulation board.

2.

Members of the board of adjustment, as such board may be constituted from time to time, shall constitute such board and shall act in an ex officio capacity to handle the matters coming before such local construction regulation board.

3.

The chairman and vice-chairman of the board of adjustment shall act as the chairman and vice-chairman of the local construction regulation board.

B.

Meetings, records, rules.

1.

The local construction regulation board shall meet on an as needed basis as determined by the demand on its lawful duties. The board shall also meet when directed by the city manager, if necessary, to address specific issues.

2.

The local construction regulation board shall keep a record of its resolutions, transactions, findings and recommendations. All such records shall be public records and all meetings shall be public meetings except as may be authorized by general law. The city clerk is hereby designated the records custodian and shall keep or cause to be kept written minutes of all meetings of the local construction regulation board. Electronic recordation of meetings is authorized but shall only supplement written minutes and not replace them.

3.

The local construction regulation board shall adopt rules of procedures to govern its affairs. The rules shall be consistent with applicable federal, state, and local law. The rules of procedure shall address rights of persons addressing the board, presentation of evidence to the board, requirements of oath or affirmation before testifying, and other matters necessary to properly conduct the board's hearings.

C.

Powers and duties.

1.

The local construction regulation board shall take appropriate actions to maintain the proper standard of construction in Cocoa Beach.

2.

The local construction regulation board shall have all the powers of a local construction regulation board under Florida Statutes, including, but not limited to those set forth in Florida Statutes, Section 489.113 (4)(a) which provides that "a local construction regulation board may deny, suspend, or revoke the authority of a certified contractor to obtain a building permit or limit such authority to obtaining a permit or permits with specific conditions, if the local construction regulation board has found such contractor, through the public hearing process, to be guilty of fraud or a willful building code violation within the county or municipality that the local construction regulation board represents or if the local construction regulation board has proof that such contractor, through the public hearing process, has been found guilty in another county or municipality within the past twelve (12) months, of fraud or a willful building code violation and finds, after providing notice of an opportunity to be heard to the contractor, that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the local construction board represents. Notification of and information concerning such permit denial shall be submitted to the department [Department of Business and Professional Regulation] within fifteen (15) days after the local construction regulation board decides to deny the permit."

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

The director of development services serves as the administrator of the Comprehensive Plan, City Code of Ordinances and Land Development Code regulations. The administrator may engage the assistance of other city staff as required, but the administrator shall be ultimately responsible for the administration and interpretation of these documents.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Any question of interpretation of the provisions of the Comprehensive Plan or the Land Development Code (LDC) regulations may be appealed.

B.

The city manager shall have the authority to hear and decide appeals of the decision of the administrator.

C.

The planning board shall have the authority to hear and decide appeals of the decision of the city manager as it relates to the interpretation of the Comprehensive Plan.

D.

The board of adjustment shall have the authority to hear and decide appeals of the decision of the city manager as it relates to the interpretation of the land development code (LDC).

E.

The aggrieved party shall have the burden of demonstrating error in the interpretation or order of the administrator.

F.

Should the aggrieved party decide to appeal the city manager's decision and interpretation, the board of adjustment or planning board, as applicable, shall have the authority to hear and decide on the appeal. The procedure is as follows:

1.

Submittal of an application and fees is required.

2.

Depending on the nature of the appeal, public notification may be required. In such cases, the procedures provided within section 4-44 of these regulations shall apply.

3.

The appeal will be heard by the appropriate board at a regularly scheduled meeting. The deadline for submittal of a request is thirty (30) days prior to the next scheduled meeting.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)