(a)

Use and area districts established. For the purposes of this code, the town is hereby divided into use districts as provided for and enumerated in section 113-179.

(b)

Maps and boundaries. The boundaries of these districts are hereby established as shown on a map on file in the office of the town clerk, which map, with all explanatory matter thereon, shall be deemed to accompany, be, and is hereby made a part of this code. Said map shall be known as the official zoning map of the town.

(c)

The official zoning map shall be identified by the signature of the mayor, attested by the town clerk, and bearing the seal of the town under the following words: "This is to certify that this is the Official Zoning Map referred to Ordinance No. 91-12 of the Town of Indialantic, Florida," and dated April 16, 1991.

(d)

If, in accordance with the provisions of this code, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the town council. A zoning number and an ordinance number shall be given to each change and a file of such changes kept by the town clerk.

(e)

No zoning changes shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this code. Any unauthorized change of whatever kind by any person shall be considered a violation of this code and subject to penalties as provided herein.

(f)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map shall be stored in a secure location in town hall, or the records of the town clerk, when not in use and readily available to the public. The official zoning map adopted hereby shall be the final authority as to the current zoning status of land in the town.

(g)

Replacement of official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the town council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted April 16, 1991 as part of Ordinance No. 91-12 of the Town of Indialantic, Florida. This replacement map was adopted on [insert date of adoption] by Resolution No. [insert resolution number]." Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

(Code 1962, § 28-43; Code 1993, § 17-62; Ord. No. 142, 10-3-1972; Ord. No. 91-12, § 1, 4-16-1991)

For the purpose of this article, the town is divided into the following 11 classes of districts:

(1)

R-1-A Single-Family Residence District.

(2)

R-1-B Single-Family Residence District.

(3)

R-2 Duplex Residence District.

(4)

R-3 Multifamily Residence District.

(5)

R-P Residential—Professional District.

(6)

C Commercial District.

(7)

C-1 Restricted Commercial District.

(8)

T Tourist District.

(9)

CH Church District.

(10)

SC Shopping Center District.

(11)

C-2 Commercial District.

(Code 1962, § 28-44; Code 1993, § 17-63; Ord. No. 142, 10-3-1972; Ord. No. 162, § 2, 9-17-1974; Ord. No. 86-11, § 2, 4-15-1986)

All territory which may be annexed to the town shall continue to maintain its county assigned comprehensive plan and zoning classification, which shall be enforced by the town, until the town adopts a comprehensive plan amendment that includes the annexed area. Simultaneous with the adoption of the comprehensive plan amendment, the town council shall also process a zoning amendment for the annexed property. See F.S. § 171.062.

(Code 1962, § 28-45; Code 1993, § 17-64; Ord. No. 142, 10-3-1972; Ord. No. 2019-11, § 4, 11-13-2019)

If any property in the town is not shown on the zoning map as being in a zoning district, such property shall be classified in the R-1-A Single-Family Residence District until otherwise classified by amendment to the zoning map.

(Code 1962, § 28-46; Code 1993, § 17-65; Ord. No. 142, 10-3-1972)

(a)

All riparian areas within the corporate limits of the town which are not shown as included within any district shall be subject to all the regulations of the district immediately adjacent thereto.

(b)

If the riparian area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area until they intersect the boundaries of other districts.

(Code 1962, § 28-47; Code 1993, § 17-66; Ord. No. 142, 10-3-1972)

Unless otherwise indicated on the zoning map, the boundaries of zoning districts shall be the lot lines, the centerlines of streets, street rights-of-way, alleys, the corporate limits of the town or other geographical or topographical features. Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be the boundaries.

(2)

In unsubdivided property or where a district boundary divides a lot equally, the location of such boundary, unless it is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(3)

Where a district boundary divides the area of a lot unequally, the district classification and regulations of the larger portion shall apply to the remaining smaller portion of the lot.

(4)

Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(Code 1962, § 28-48; Code 1993, § 17-67; Ord. No. 142, 10-3-1972)

Amendments to this article, or proposed changes in the zoning map, may be initiated in any one of the following ways:

(1)

By the town council, on its own initiative;

(2)

By the zoning and planning board without first having approval of the town council;

(3)

By the town manager without first having approval of the town council; or

(4)

By a real property owner; provided, however, that no person shall propose an amendment for the rezoning of real property (except as agent or attorney for an owner) that he does not own. The name of the owner shall appear in each application.

(Code 1962, § 28-49; Code 1993, § 17-68; Ord. No. 142, 10-3-1972; Ord. No. 2019-11, § 5, 11-13-2019)

(a)

Review by town staff.

(1)

An application for a rezoning or an amendment to the zoning code shall be reviewed by the town manager for completeness within 30 days of receipt. Upon a determination by the town manager that the application is complete and that all required application fees have been paid, the town manager will review the application and assure that notice is given as required by the zoning code and applicable state law for any required public hearings.

(2)

The town manager will prepare a report to the town council and the zoning and planning board. The report shall analyze the effects of the application, analyze whether the application is consistent with the comprehensive plan, and analyze the effect of the various applicable review standards in the town zoning code upon the development permit application or amendment to the town zoning code. The town manager may make a recommendation to the town council and zoning and planning board for action on the application, including whether to approve, deny, or approve with conditions of approval. Prior to the application being considered by the zoning and planning board, the town manager will work with the town attorney for the preparation of an ordinance for consideration by the town council and the zoning and planning board, as may be appropriate.

(3)

Application annulment. If an applicant fails to act upon a submitted application within a 30-day period after receiving written comments from the town manager, the application will be deemed withdrawn by the applicant. The town manager may extend the 30-day requirement, if reasonable progress is being made in revising the application. For good cause shown or excusable delay, if a request is made in writing during the 30-day period, the town manager may extend the 30-day period until a reasonable time that the circumstances dictate.

(b)

Consideration by the zoning and planning board.

(1)

All proposals for town zoning code amendments or rezonings shall be considered by the zoning and planning board.

(2)

Notice requirements. Notice of the zoning and planning board public hearing relating to rezonings shall be advertised pursuant to subsections (e)(1), (2), and (3)a of this section of the zoning code. Notice of zoning and planning board public hearings relating to amendments to the zoning code shall be given pursuant to subsections (e)(2) and (3)a of this section. A copy of the foregoing notices shall be kept available for public inspection during the regular business hours of the town by the town clerk.

(c)

Consideration by the town council.

(1)

The town council shall hold the number of public hearings required by F.S. § 166.041 before adoption of any proposed amendment to this article or proposed change in the zoning map.

(2)

Notice.

a.

Notice for rezoning applications shall be given pursuant to subsection (e)(1), (2), and (3)b of this section.

b.

Notice for amendments to the zoning code shall be given pursuant to subsection (e)(2) and (3)b of this section.

(d)

Conduct of town council and zoning and planning board hearings.

(1)

Continuance and deferrals.

a.

The town council or the zoning and planning board may continue or defer a scheduled public hearing to a date and time certain without further notice; provided, that the date and time of the continuance or deferral is announced at the originally scheduled hearing. Notice in compliance with Florida's Government-in-the-Sunshine Law, F.S. § 286.011 must be given prior to the continued public hearing date, and the notice must be promptly posted in a conspicuous location on the town's internet web-site of the location, date and time to which the public hearing has been continued.

b.

If a quorum physically present at the advertised public hearing location is not obtained at the time of the advertised public hearing, the town manager may publicly announce the continuance of the public hearing without further notice; provided, that the location, date and time of the continuance or deferral is announced at the originally scheduled hearing. In addition, notice in compliance with Florida's Government-in-the-Sunshine Law, F.S. § 286.011, must be given prior to the continued public hearing date, and notice must be promptly posted in a conspicuous location on the town's internet web-site of the location, date, and time to which the public hearing has been continued.

(2)

Rescheduled meeting dates. Prior to the advertised public hearing, if the town manager determines that a quorum physically present at the meeting site cannot be obtained, the town manager may direct that the meeting will be continued until a specific location, date and time certain. Prior to the continued meeting, notice must be posted in a conspicuous location at the entrance to the meeting room where the meeting was scheduled to take place of the location, date and time to which the meeting was continued, and prior to the meeting, notice must be conspicuously posted on the town's internet website.

(3)

Reliance on information presented by applicant. The town and its departments, boards, and agencies, shall have the right to rely on the accuracy of statements, documents, and all other information presented to them by the applicant, or the applicant's agent or consultants, in review of an application for development approval issued under the zoning code. The applicant shall execute an application form which includes the following statement: "Under penalties of perjury, I declare that I have read the foregoing application and all attachments thereto, and that the facts stated in it, are true," followed by the signature of the applicant making the declaration. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration. As provided in F.S. § 92.525(3), a person who knowingly makes a false declaration is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in F.S. § 775.082, 775.083, or 775.084.

(4)

Documents submitted at any public hearing. The public is hereby advised that any document, paper, letter, map, book, tape, photograph, film, sound recording, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, submitted at or before a public hearing as a part of said public hearing or with relation to a development permit application, is hereby declared to be a public record pursuant to F.S. ch. 119 and is automatically made a part of the record of the public hearing at which it was submitted. The original public record may not be returned to the person submitting the document, and all public hearing participants are hereby so advised.

(5)

Applications by trusts. So that members of the town council or board members hearing applications submitted by a trust can determine whether they have a voting conflict of interest, all trusts shall identify the names and addresses of all trustees and trust beneficiaries, as well as their respective percentage interest in the trust.

(e)

Public notice procedures. The following procedures are public notice requirements some or all of which are to be utilized for various types of development permits to the extent required in the zoning code.

(1)

Courtesy mailed notices.

a.

If required by applicable provisions of the zoning code, courtesy notices shall be provided by the town clerk in addition to any legally required notice by state law. These notices are provided as a courtesy to certain persons that may be affected by a development permit application for the purpose of notifying those persons of the application and their ability to review submitted information and participate in public hearings. The failure of a property owner to receive a courtesy notice shall not be deemed as a failure to furnish or receive legally required written notice pursuant to this zoning code provision. The failure of the town clerk to send a courtesy notice shall be deemed as a failure to furnish legally required written notice pursuant to the zoning code.

b.

The cost of providing the courtesy notice as required by the zoning code shall be the sole responsibility of the development permit applicant or said applicant's designated agent The town clerk shall keep a list of real property owners to whom notice was mailed. The town clerk shall send all such courtesy notices by first class U.S. mail.

c.

A courtesy notice shall be mailed to all real property owners of real property any part of which is located within 300 feet of the real property subject to a development permit application. The 300-foot radius shall be measured in a straight line in all directions from the outermost boundary of the real property subject to a development permit application to any real property any part of which is within the 300-foot radius. Real property owners to whom a courtesy notice shall be given by mail shall be the real property owners of record as shown in the records of the county property appraiser at the time of mailing of the notice. The town clerk shall mail the notice by first class U.S. mail. Notice need not be given to the trustees of the internal improvement fund as the owners of submerged bottoms of real property under water.

d.

If any part of the "common elements," as defined in F.S. § 718.103, of a condominium or any part of the "common areas," as defined in F.S. § 719.103, of a cooperative building, is within the required notice limits, notice shall be sent to the condominium or cooperative association as well as each unit owner in the subject building. If real property within an adjacent governmental jurisdiction is within the notice limits, notice shall be required for each owner of a parcel of land within the adjacent jurisdiction.

e.

The courtesy notice shall be deposited in, and postmarked by, the U.S. mail at least 15 days prior to the public hearing.

f.

The mailed courtesy notice shall contain the following information:

1.

A title stating notice of public hearing for rezoning, which shall be at the top of the notice page, conspicuously place, in bold type;

2.

A description of the application in layman's English language terms, that is the subject of the hearing, including the type of approval requested, the application number, and the location of the subject property;

3.

A statement that information regarding the application, and a copy of any written staff report and ordinance or resolution may be obtained from the town, or reviewed at town hall, together with the days and times during which review may occur. The town's contact information, including address, telephone number, and e-mail address, shall be included in the notice;

4.

A notification that any member of the public may attend the noticed meeting and be heard or may submit written comments prior to the meeting to the director or at the meeting;

5.

A notice of the public hearing dates, times, and locations;

6.

A notice that the public hearing may be continued from time to time;

7.

Wording consistent with F.S. § 286.0105, as follows: Pursuant to F.S. § 286.0105, the town hereby advises you that if you or another person decide to appeal any decision made by the town with respect to any matter considered at its meeting or this hearing that you or said person may need to ensure that a verbatim record of the proceedings is made at your expense, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the town for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law; and

8.

Wording consistent with F.S. § 286.26, as follows: In accordance with the Americans with Disabilities Act and F.S. § 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact the town clerk at least 48 hours prior to the proceedings at (321)-723-2242 for assistance.

g.

The mailed courtesy notice shall contain a graphic representation of the site's location and surrounding area in sufficient detail to clearly locate the property.

(2)

Internet notice. If required by applicable provisions of the zoning code, notice of a public hearing on a development permit application or application for an amendment to the zoning code, shall be posted on the town's internet website at least 15 days prior to the scheduled public hearing. The notice shall include the information described in section 113-185(e)(1)f and, if applicable, subsection (e)(1)g of this section.

(3)

Advertised public hearing notice.

a.

Zoning and planning board public hearing. Where the proposed amendment would rezone or change the zoning classification of land on the official zoning map or would amend the Indialantic zoning code, the zoning and planning board shall hold at least one public hearing noticed in a newspaper of general circulation at least 15 days prior to the public hearing. The advertisement shall contain all of the requirements set forth in subsection (e)(1)f of this section. The cost of the legal advertisement shall be the responsibility of the applicant. The town clerk shall place the legal advertisement pursuant to this subsection.

b.

Town council public hearing. Town council public hearings shall be advertised as follows:

1.

Applications initiated by other than the town council, zoning and planning board, or town manager that change the zoning designation of a parcel or parcels of land on the official zoning map shall be enacted pursuant to F.S. § 166.041(3)(a). The advertisement shall contain all of the requirements set forth in subsection (e)(1)f of this section.

2.

Applications initiated by the town council, zoning and planning board, or town manager that change the zoning designation of a parcel of land on the official zoning map consisting of ten or more contiguous acres shall be noticed and enacted pursuant to F.S. § 166.041(3)(c). The advertisement shall contain all of the requirements set forth in subsection (e)(1)f and g of this section. Applications initiated by the town council, zoning and planning board, or town manager that change the zoning designation of a parcel or parcels of land on the official zoning map consisting of fewer than ten contiguous acres shall be noticed pursuant to F.S. § 166.041(3)(c)1, and shall be advertised as provided by F.S. § 166.041(3)(a). The advertisement shall contain all of the requirements set forth in subsection (e)(1)f of this section.

3.

Applications that amend zoning code provisions other than those provisions that contain the actual list of permitted, conditional, or prohibited uses within a zoning category shall be enacted pursuant to F.S. § 166.041(3)(a). The advertisement shall contain all of the requirements set forth in subsection (e)(1)f of this section.

4.

Applications that amend the zoning code provisions by changing the actual list of permitted, conditional, or prohibited uses within a zoning category shall be enacted pursuant to F.S. § 166.041(3)(c). The advertisement shall contain all of the requirements set forth in subsection (e)(1)f of this section.

(4)

Subsection (e) of this section shall not be applicable to variances, code interpretations, or other actions of the board of adjustment.

(Code 1962, § 28-50; Code 1993, § 17-69; Ord. No. 142, 10-3-1972; Ord. No. 2019-11, § 6, 11-13-2019)

After the town council shall have passed on an amendment to the provisions of this article or a proposed change in the zoning map, another application for rezoning the same lot or tract of land shall not be considered by the council for a period of six months thereafter. This provision may be waived by an affirmative vote of three town councilmembers at any town council public meeting.

(Code 1962, § 28-51; Code 1993, § 17-70; Ord. No. 142, 10-3-1972; Ord. No. 2019-11, § 7, 11-13-2019)

When a rezoning of a parcel of land or a text amendment to the zoning code is being considered, the town council may impose a hold or stay on any development applications which may in the future be filed before the town with respect to the area or issue which is the subject of the proposed rezoning of a parcel of land or amendment. The hold or stay shall continue in effect for a period from the date of the publication of notice of the consideration of the zoning-in-progress by the town council until proposed legislation, with or without amendments, shall have been approved or disapproved, or for a period of 180 days (which may be extended one time for an additional 90 days by resolution of the town council), whichever is sooner, unless such development application would be in conformity with both the existing legislation and the proposed legislation.

(Ord. No. 2019-11, § 8(17-71), 11-13-2019)

(a)

Purpose and applicability. The following zoning relief procedures are established in order to address possible alleged violations of federal and state laws, subsequent to implementation of this zoning code or its related rules, policies, and procedures in advance of costly litigation. Zoning relief may be granted pursuant to this section.

(b)

Application. After issuance of a development order, rezoning, or a zoning code amendment, which the applicant believes is violative of federal or state law, a person or entity shall request relief under this section prior to filing a lawsuit, by completing and submitting a zoning relief request form, which is available from the town manager. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

(c)

Notice. Notice shall be provided in accordance with section 113-185(e)(3)b1 of this zoning code.

(d)

Application and hearing.

(1)

The town council shall have the authority to consider and act on requests for zoning relief submitted to the town manager.

(2)

Within 60 days of receipt by the town of a complete request for relief, unless the applicant agrees in writing to an extension of the hearing date or unless the provisions of this section provide for a further delay, a public hearing shall be held by the town council in accordance with the procedures set forth for public hearings in section 113-185(d). The proceeding shall be quasi-judicial in nature.

(3)

A final written determination shall be issued by resolution no later than 60 days after the conclusion of the public hearing.

(4)

The final written determination may:

a.

Grant the relief requested;

b.

Grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request; or

c.

Deny the request.

(5)

Any determination shall be final, in writing, and shall state the reasons for the decision.

(6)

The final written determination shall be sent to the requesting party by U.S. first class certified mail, return receipt requested, postage prepaid, to the address set forth on the application, or such amended address as specified by the applicant's representative at the town council public hearing. The final written determination shall be issued not later than 45 days after the public hearing, unless the time is extended by mutual agreement of the town and the applicant.

(e)

Additional information. If necessary, prior to the public hearing, the town may request additional information from the requesting party, specifying in sufficient detail what information is required. In the event a request for additional information is made to the requesting party by the town, the hearing shall be conducted within 30 days after the requesting party's provision of the additional information required or 60 days after submission of the application, whichever date shall be later in time. The requesting party shall have 30 days after the date the information is requested to provide the additional information. If the requesting party fails to timely respond with the requested additional information, the town shall notify the requesting party and proceed with scheduling a public hearing; however, the applicant and the town manager, acting on behalf of the town, may extend the time period for conducting the hearing by mutual agreement. The town council will issue its final written determination regarding the relief requested as required in subsection (d) of this section, based on the information in the town's possession at the time of the public hearing.

(f)

Criteria. In determining whether the zoning relief request shall be granted or denied, the applicant shall be required to establish:

(1)

The applicant is a potential claimant under a federal or state law, including applicable legal precedent;

(2)

The applicant believes in good faith that the town through implementation of the zoning code, or issuance of a development order, has violated federal or state law for the reasons stated in detail in the zoning relief request; and

(3)

The applicant satisfies the standard set forth in the applicable federal or state statute, or legal precedent interpreting the applicable statute or the Constitution.

(g)

Exhaustion required. Completion of the zoning relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the town or the applicant. Completion of the zoning relief procedures shall constitute the exhaustion of this administrative remedy available from the town.

(h)

Effect while pending. While an application for zoning relief or appeal of a determination of same is pending before the town, the town will not enforce the zoning code, rules, policies, and procedures which are the subject of the request against the property owner, nor will the town issue a development permit, except the town may seek relief through code enforcement procedures, or through injunctive relief if an imminent threat to the health, safety, aesthetics, and welfare of the public is present.

(i)

Additional provisions for zoning relief. The following provisions shall be applicable:

(1)

The town shall display a notice on its public notice bulletin board and on its website advising the public of this zoning relief procedure and that applications for zoning relief may be obtained from the town manager.

(2)

A person or legal entity may apply for zoning relief on said applicant's own behalf, and may be represented at all stages by a representative designated by the requesting party.

(3)

The town shall provide such assistance and accommodation as is required pursuant to federal and state law, in connection with a disabled person's request for zoning relief, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal with the town manager, and appearing at a hearing, and similar procedures, to ensure that the process is accessible.

(Ord. No. 2019-11, § 9(17-72), 11-13-2019)

(a)

Reasonable fees shall be collected for the administrative processing and review of all development permit applications or applications to amend the zoning code provisions submitted to the town for review and approval. The schedule of fees to be collected shall be established, from time to time, by resolution of the town council.

(b)

In addition to the fees collected above, the town will impose a consultant fee for the various costs attributable to the use by the town of outside consultants for reviewing and processing development application requests and for advertising. Such consultant fee shall be equal to the various costs of the consultant time expended and actual expenses. The town will establish a schedule for initial deposits for development permit applications and applications to amend provisions of the zoning code. The town will account for the deposit as well as actual costs incurred and may require additional deposits, if the initial deposit is exhausted prior to a final decision on the application. The applicant will be refunded the unexpended balance of the deposit within 60 days of a development order being issued or completion of consideration of an zoning code amendment.

(c)

Any costs associated with the need to re-advertise or re-notice an application shall be borne by the party responsible for the delay which requires a re-notice.

(d)

The town and its outside consultants will maintain adequate financial records which track monthly charges of hours and expenses to be charged to the applicant.

(Ord. No. 2019-11, § 10(17-73), 11-13-2019)