(a)

No land shall be occupied or used and no building or structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the building official, stating that the building or structure, or proposed use thereof, complies with the provisions of this article.

(b)

All certificates of occupancy shall be applied for at the time of application for a building permit. The certificate shall be issued within three days after the erection or alteration shall have been completed.

(c)

The building official shall maintain a record of all certificates and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.

(d)

Under such rules and regulations as may be established by the board of adjustment and filed with the building official, a temporary certificate of occupancy for not more than 30 days for a part of a building may be issued by him.

(Code 1962, § 28-57; Code 1993, § 17-81; Ord. No. 142, 10-3-1972)

The following provisions shall apply to all lots of record in R-1-A, R-1-B, R-2, R-3 and R-P residence districts:

(1)

Minimum size. No dwelling shall be erected on a lot that does not meet the minimum area and dimension requirements for the district in which the dwelling is to be erected. A lot not meeting the minimum requirements shall be deemed a "substandard lot of record."

(2)

Substandard lots of record. Where two or more substandard lots of record with a continuous frontage are under the same ownership, or where a substandard lot of record has continuous frontage with a larger tract under the same ownership, such lots may be combined to form one or more building sites meeting the minimum requirements of the district in which they are located.

(3)

Access. No dwelling shall be erected on a lot of record which does not abut at least one public street for a distance of at least 100 feet; or for a distance of 25 feet along a cul-de-sac, provided that the minimum lot width and area requirements of this section are met.

(Code 1962, § 28-59; Code 1993, § 17-82; Ord. No. 142, 10-3-1972)

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area, lot width, building area, or other requirements of this article are not maintained. This section shall not apply where a portion of a lot is acquired for a public purpose.

(Code 1962, § 28-60; Code 1993, § 17-83; Ord. No. 142, 10-3-1972)

(a)

Setbacks from street centerlines. All structures and buildings shall be set back from the centerline of the street right-of-way the following minimum distances:

(1)

From state and federal highways, 52 feet.

(2)

From all other streets, 50 feet.

(b)

Where front yard requirements shall govern. Front yard requirements shall govern where they are greater than the required setbacks.

(c)

Where setbacks shall not apply. The setback requirements of this section, for dwellings, shall not apply to any lot where the average depth of existing setbacks on the developed lots located within 100 feet on either side of the lot is less than the minimum required front yard depth. In such case, the front yard setback may be less than that required, but not less than the average of the existing depths for front yards on developed lots within 100 feet. In no case, however, shall the minimum setback for residences be less than 25 feet from the property line, not less than 50 feet from the centerline of the street. The setback requirements of this section shall not apply to the placement of dumpsters or dumpster shielding walls.

(d)

Setback from two or more streets. Minimum setbacks from two or more streets shall be not less than that specified for the front setback, except as otherwise provided in this article.

(e)

Ocean-front. The front setback line for properties fronting on the Atlantic Ocean is established coterminous with the coastal construction setback line set by the state. In addition to the factors normally considered by the board when ruling on variances, the board must also determine that the proposed structures do not have a detrimental effect upon the dune area and are of such a nature that the essential character of the locality will not be altered.

(Code 1962, § 28-63; Code 1993, § 17-86; Ord. No. 142, 10-3-1972; Ord. No. 236, § 1, 7-25-1978; Ord. No. 90-14, § 2, 9-18-1990)

The minimum yard requirements and other open spaces provided by this article shall not be encroached upon nor considered as yard or open space or use requirements for any other building.

(Code 1962, § 28-64; Code 1993, § 17-87; Ord. No. 142, 10-3-1972)

(a)

It is the intent of this section to permit the fencing or enclosing of side yards and rear yards only except that fences within the front yard area of properties located in the C, C-1 and C-2 zoning districts may be permitted as specifically allowed herein. Fences and walls may be constructed parallel to the side and rear property line to a maximum height of six feet, in accordance with the setbacks set forth below. No fence, wall, or partial fence, or partial wall, with the exception that a standard residential light fixture may be erected at the entrance way, shall be constructed on or within the front setback region that extends from the property line abutting on a street to the front line of the building approximately parallel or parallel to the street. This section does not apply to curbing, edging, or bumper strips of normal height, not to exceed eight inches.

(b)

In the C, C-1, and C-2 zoning districts decorative fences may be placed within the front yard area up to the front and side property lines subject to the following:

(1)

Maximum height of the fence is three feet excluding caps, finials, posts, etc., which may extend up to six inches.

(2)

The fence must be at least 50 percent open including any vegetation attached to or growing on the decorative fence.

(3)

Fencing material must be either aluminum or PVC (polyvinyl chloride).

(4)

The fence must consist of predominantly vertical members and the fence must be of a uniform color and height.

(5)

Fence color shall be limited to white or the single lightest color sample on one of the color panels contained in the official town color chart.

(6)

Fence placement must not interfere with or obstruct visibility of intersections, driveway curb cuts, sidewalks, etc.

(c)

Setbacks.

(1)

No fence, wall, or partial fence, or partial wall shall be constructed on front lot lines, nor in the front setback region.

(2)

All permitted fences, walls, or partial fences, or partial walls, except those walls shielding dumpsters, shall be setback a minimum of ten feet from any lot line abutting a street. In the case of the front yard it shall be set back a minimum of 25 feet, or to the front line of the building, whichever is greater. In the case of a corner lot, the side yard fence shall be setback a minimum of ten feet from the lot line on the abutting street.

(d)

The supporting structure side of all fences shall face to the interior of the fenced property.

(e)

Plans showing the location and construction details of all fences, walls, partial fences and partial walls shall be submitted to the building official and a building permit obtained prior to starting construction. Only the following types of fences or walls may be constructed:

(1)

Rot- and termite-resistant wood; or wood which has been chemically treated to resist rot and termites;

(2)

Ornamental iron, steel or aluminum;

(3)

Concrete or masonry, solid or ventilated;

(4)

Chain link fences shall be permitted in rear yards only, if rear yard fences abut a street, they must be green, brown or black plastic coated. A chain link fence with slats is not permitted;

(5)

White vinyl (PVC).

(f)

Swimming pool fences. See section 113-238.

(g)

Additional regulations for districts R-3, R-P, C, C-1, C-2 and CH are specified under "buffer strips" in sections 113-225, 113-334, 113-336(2)(g), 113-338(n) and (o) and 113-340(2)(g).

(h)

Additional regulations for areas east of Miramar Avenue (Highway A1A): Fences, walls, or partial fences, or partial walls shall not cause the breezeway to be less than the required 30 percent as follows. The term "breezeway" means a clear, open, vertical area free of construction or buildings extending from the Atlantic Ocean to Miramar Avenue (Highway A1A). The 30 percent calculation is based on a line parallel to Highway A1A to include the percentage of open distance (breezeway) from the building or buildings to the property lines perpendicular to Highway A1A. This provision requires a 30 percent breezeway defined by rectangular dimensions (running basically east to west) with a clear and open line of sight from Highway A1A to the ocean. This requirement shall apply regardless of the configuration of platted lots of record (or portions thereof) and regardless of the configuration of a building site (or portion thereof) based on ownership of that site. Those lots whose eastern property line abuts the Atlantic Ocean shall be further restricted as set out by reference in section 103-40 regarding fencing interfering with the breezeway, which prohibits rear lot north/south fencing and a three foot (sand fence) height limitation on permitted fences running approximately perpendicular to Miramar Avenue and the Atlantic Ocean.

(i)

Notwithstanding the above, for any lot in which a side or rear property line abuts a street right-of-way being used solely as a bicycle path for non-motorized vehicles, the requirements of subsection (c)(2) of this section concerning setback requirements from such property lines actually adjacent to said right-of-way shall be suspended for so long as the right-of-way continues to be used as a bicycle path for non-motorized vehicles and the property owner may erect, upon appropriate application and issuance of a building permit, fencing which shall not extend beyond the property line boundary abutting such right-of-way. This provision shall be in effect for so long as the bordering right-of-way continues to be used as a bicycle path. No other requirements are changed hereby.

(j)

A fence surrounding a construction site may be permitted only during construction provided a valid permit has been issued for activity on the site, the existence of the fence is appropriate to the type of construction that has been permitted, is outside of the town right-of-way, does not exceed six feet in height, does not block the visibility for motorists or bicyclists, and is comprised of chain link. The property owner, as a condition precedent to receiving a fencing permit required by section 103-11, must sign an acknowledgment and agreement that any permit issued under this subsection shall be valid only for so long as the bicycle path continues to be maintained for non-motorized vehicular traffic, and that in the event any governmental agency determines it advisable, in its sole discretion, to convert such right-of-way to a throughway for motorized vehicles, the provisions of section 113-222(b)(2) shall be retroactively enforced and all affected property owners, including subsequent grantees, shall be required to comply with said section at their expense within 30 days of receiving notice by the building code enforcement board of the enforceability of subsection (b)(2) of this section. Said applicant shall also agree to put any successor in title on notice of said acknowledgment and agreement.

(Code 1962, § 28-65; Code 1993, § 17-88; Ord. No. 142, 10-3-1972; Ord. No. 81-298, § 1, 8-18-1981; Ord. No. 86-18, § 1, 7-15-1986; Ord. No. 90-14, § 3, 9-18-1990; Ord. No. 95-9, § 2, 7-18-1995; Ord. No. 02-04, § 1, 2-18-2002; Ord. No. 03-05, § 1, 3-18-2003; Ord. No. 05-03, § 1, 12-16-2004; Ord. No. 11-01, § 1, 11-16-2010; Ord. No. 17-07, § 2, 3-8-2017)

(a)

Public and semi-public buildings shall conform to the minimum lot, yard setback, and height requirements of the district in which they are located.

(b)

For all public or semi-public uses, there shall be off-street parking spaces provided (inclusive of front or side yard requirements) as follows:

(1)

Churches and auditoriums, one space for each five seats.

(2)

Clubs and lodges, one space for each six members.

(3)

Libraries, one space for each 500 square feet of floor area which is open to the public.

(4)

Government buildings, one space for each three employees.

(5)

Schools, one space for each classroom, laboratory and shop room, and in the case of high schools, one space for each ten students.

(Code 1962, § 28-66; Code 1993, § 17-89; Ord. No. 142, 10-3-1972)

One principal building only and its customary accessory buildings may be constructed on any lot. In residence districts, a dwelling shall be deemed the principal building on the lot on which it is located.

(Code 1962, § 28-67; Code 1993, § 17-90; Ord. No. 142, 10-3-1972)

The following regulations shall apply to accessory buildings and accessory structures located upon any lot within a residential zoning district:

(1)

No accessory building or accessory structure shall be:

a.

Erected in any front or required side yard; provided, however, that any utility shed may be located in a side yard as permitted by this Code;

b.

Used for living quarters, home occupations or professional use; or

c.

Permitted on any lot without a pre-existing primary structure on the same building site.

(2)

Construction, installation or alteration of any accessory building, accessory structure, or utility shed, shall comply with all requirements of building permits prior to final inspection and issuance of a certificate of occupancy or certificate of completion.

(3)

There shall be no more than one accessory building and two utility sheds permitted on each lot or building site. The total square footage of an accessory building and a utility shed located on the same lot or building site shall not exceed 30 percent of the required rear yard of the zoning district in which the accessory structures are to be located.

(4)

Barbecue pits. Barbecue pits shall be located in the rear yard only and shall be set back at least ten feet from all lot lines and from any building.

(5)

Private garages. Accessory buildings designed to be used for a private garage shall not exceed 600 square feet and shall conform to the architectural, structural and installation requirements for hurricane force winds the same as the principal building.

(6)

Utility sheds. Accessory buildings used as utility sheds or for storage shall be located in the rear yard or the side yard only, shall not exceed 300 square feet in size for each utility shed, and shall meet the structural and installation requirements for hurricane force winds the same as the principal structure. Prefabricated units or kits are required to meet installation requirements of the current coastal building code in effect at the time of erection or reconstruction. Each utility shed must be located behind the building line. For public safety and fire safety purposes, each utility shed shall be setback at least four feet from any principal structure. For aesthetic, public safety reasons and to reduce the opportunity for encroachment on an adjacent building site, each utility shed shall be located and setback at least four feet from any property line or outer boundary of a building site and shall be setback five feet from any principal structure in the rear yard. If a utility shed is to be located on an easement, prior to issuance of a building permit, a written consent to encroachment must be obtained from the easement holder. If a utility shed is located on an easement, upon request of the easement holder, the utility shed owner shall be responsible for any costs of removal or damages due to removal of the utility shed from easement to permit the easement holder to have access to or make use of the easement. No utility shed shall be permitted on a building site without an existing principal structure. No utility shed shall have a height greater than eight feet above grade of the lot.

(Code 1962, § 28-68; Code 1993, § 17-91; Ord. No. 142, 10-3-1972; Ord. No. 92-13, § 1, 3-16-1993; Ord. No. 95-9, § 3, 7-18-1995; Ord. No. 2022-05, § 2, 5-11-2022)

(a)

The elevation of the finished grade of buildings, other than residential, shall be no less than 12 inches above the elevation of the crown of the street as designated by the town.

(b)

The elevation of the finished grade of all residential buildings shall be not less than 18 inches above the elevation of the crown of the street for the principal building, and no less than ten inches above the elevation of the crown of the street, as designated by the town, for a garage, carport, or parking area.

(Code 1962, § 28-69; Code 1993, § 17-92; Ord. No. 142, 10-3-1972)

No building shall be moved into the town without prior approval of the zoning board.

(Code 1962, § 28-71; Code 1993, § 17-94; Ord. No. 142, 10-3-1972)

No prefabricated building shall be erected within the town without prior approval of the zoning board.

(Code 1962, § 28-72; Code 1993, § 17-95; Ord. No. 142, 10-3-1972)

No public streets or driveways shall be constructed, except by the town, county or state, without prior approval of the site and specifications by the town council.

(Code 1962, § 28-73; Code 1993, § 17-96; Ord. No. 142, 10-3-1972)

On a corner lot within the area formed by the centerlines of the intersecting streets and a line joining points on such centerlines at a distance of 50 feet from their intersection in the case of all corner lots in the town not adjacent to and/or abutting (on any side) Fifth Avenue and/or SR A1A (Miramar) which shall be at a distance of 100 feet, there shall be no obstruction to vision between the height of three feet and a height of nine feet above the average grade of each street at the centerline thereof.

(Code 1962, § 28-74; Code 1993, § 17-97; Ord. No. 142, 10-3-1972; Ord. No. 89-14, § 1, 6-20-1989)

(a)

A point of access, driveway, or other opening for vehicles onto a public street shall be acted upon in each case by the zoning board.

(b)

No point of access shall be constructed within ten feet of the right-of-way line of any public street intersection.

(c)

No curbs on town streets or rights-of-way shall be cut or altered without a permit issued by the building official.

(Code 1962, § 28-75; Code 1993, § 17-98; Ord. No. 142, 10-3-1972)

(a)

Single-family dwelling or duplex. Off-street parking facilities shall be provided for each single-family dwelling or duplex in accordance with the following regulations:

(1)

One garage measuring not less than 20 feet wide and 20 feet deep shall be provided for each single-family dwelling unit. One garage measuring not less than ten feet wide and 20 feet deep shall be provided for each dwelling unit of a duplex or one garage measuring not less than 20 feet wide and 20 feet deep may be provided for both units.

(2)

If any existing garage or carport shall be removed, destroyed or enclosed, a replacement shall be provided which shall conform to subsection (a)(1) of this section except for any existing garage or carport that measures approximately ten feet wide and 20 feet deep may be replaced by a garage measuring not less than ten feet wide and 20 feet deep if the carport or garage is removed, destroyed, or enclosed.

(3)

No carport shall be enclosed if the replacement required by subsection (a)(2) of this section would infringe upon the side or rear yard requirements of the district in which the single-family dwelling or duplex is located.

(4)

Two off-street parking spaces shall be provided for each dwelling unit in multifamily units.

(b)

R-3, R-P, C, C-l, C-2, SC, T, and CH zoning districts. Off-street parking facilities shall be provided for each building site, except for single-family dwellings or duplex family living units, in the following zoning districts: R-3, R-P, C, C-1, C-2, T, and CH zoning districts, pursuant to this zoning code and the following standards:

(1)

Location standards. Parking spaces for all residential dwellings shall be located on the building site with the main building to be served by the parking. Other uses may provide parking at an off-site location or on a portion of the same site in the R-3, R-P, C, C-1, C-2, SC, T, and CH zoning districts, provided that the zoning and planning board approves a plan which meets the following standards:

a.

All standards set forth in this code for on-site parking are otherwise satisfied.

b.

There is not sufficient space available to accommodate parking space required by this code or appropriate to serve the building site.

c.

If the additional parking is located off-site, at least 50 percent of the parking spaces required by this code to serve the building site must be located on the site where the principal building is being located. If the additional parking is located on the same principal building site as the principal use but in a different zoning district, at least 50 percent of the parking spaces must be located on the site in the zoning district where the principal building being served is located.

d.

If the additional parking is located off-site, the off-site parking facility or location must commence within 500 feet of the building site measured by a straight line.

e.

If the additional parking is located off-site, the owner of the building site and the owner of the off-site parking location shall submit to the town a restrictive covenant binding lot agreement in form and substance acceptable to the town, reserving the off-street parking site for off-street parking for the building site for as long as the parking shall be required. The foregoing agreement shall be in a form to be recorded in the public records of the county, and all holders of security interests shall join in and consent to the agreement. The owner submitting the proposed agreement shall also submit to the town a title opinion by a state attorney addressed to and for reliance by the town setting forth the fee simple owner of the property, the owners of any security interests such as mortgages, and all encumbrances of record which agreement and title opinion shall be reviewed and approved by the town attorney.

f.

Landscaping shall be provided as required for the zoning district in which the off-site parking is provided. However, the zoning and planning board in an effort to maintain compatibility with adjacent properties and to avoid adverse conditions to adjacent properties may require a buffer wall screening the off-site parking area from adjacent properties and may also require additional landscaping for screening purposes or lighting. Signage shall be permitted as set forth in this code for the zoning district in which off-site parking is provided.

g.

The town may require a survey of the off-site parking area prepared by a registered and licensed surveyor and mapper, which survey shall be sealed by the surveyor and certified to and for reliance by the town.

(2)

Design standards.

a.

Required off-street parking areas for three or more motor vehicles shall have individual spaces marked, and all off-street parking areas no matter how many motor vehicles are to be parked shall be so designed, maintained, and regulated in such a manner that no parking shall be located upon or encroach upon any right-of-way, public street, walk, or alley, and so that any motor vehicle may be parked and unparked without moving another motor vehicle. Off-street parking may be provided within required setbacks and yard areas. When an area for parking is to include driveways and maneuvering space, the following table shall govern the minimum width of traffic lanes within the parking area:

b.

A plan showing off-street parking, landscape buffering and screening, the location of any walls, the location and nature of signage, and the location of lighting, shall be submitted to the town and approved by the zoning and planning board before a permit is issued for the construction of, or the use of, the building, structure, or facility being considered. This plan shall show the location, and accurately designate the number of required spaces, their size, and access aisles, landscape buffering and screening from adjacent sites, signage, lighting, walls, and their relation to the plan.

c.

If lighting is provided in the parking area, it shall be arranged to reflect away from residential structures, as well as from any public right-of-way.

d.

The surface of the off-street parking areas shall be covered with a hard-surface coating such as asphalt, concrete, or pervious concrete.

(Code 1962, § 28-76; Code 1993, § 17-99; Ord. No. 142, 10-3-1972; Ord. No. 197, § 2, 6-15-1976; Ord. No. 90-13, § 3, 1-15-1991; Ord. No. 02-24, § 1, 11-19-2002; Ord. No. 18-04, § 1, 4-16-2018; Ord. No. 2019-03, § 2, 5-8-2019)

State Law reference— Provisions for vehicle parking required, F.S. § 163.3202(2)(h).

A private driveway, at least eight feet wide, graded and surfaced, shall be provided for each garage or carport within a residence district, extending from such garage or carport to the paved portion of the street used by motor vehicles. The requirement that the driveway shall be paved to the portion of the street used by motor vehicles shall only be applicable to newly constructed driveways or driveways repaved or reconstructed after April 19, 2011.

(Code 1962, § 28-77; Code 1993, § 17-100; Ord. No. 142, 10-3-1972; Ord. No. 11-08, § 1, 4-19-2011)

Business uses, if facing a street, shall face other business or commercial uses across a street if within the same zone, and shall not face residential zones which may front on an intersecting or rear street adjacent to such business or commercial zone.

(Code 1962, § 28-78; Code 1993, § 17-101; Ord. No. 142, 10-3-1972)

(a)

Defined. The term "permitted home occupation" means any lawful use performed by an occupant of a dwelling, which does not change the residential character of the dwelling or premises, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and which meets all provisions of this section.

(b)

There shall be no indication that the dwelling, premises or any vehicles are used for the home occupation; no sign shall be displayed; and all activity associated with the occupation that is performed at the home address shall be performed within the dwelling.

(c)

The home address shall not be used in any type of advertising nor in any type of listing, except for:

(1)

Directories or listings which are legally required and prepared or maintained by or at the direction of governmental bodies.

(2)

Listings in telephone directories.

(3)

Business cards.

(4)

Professional directories.

(d)

No commodities shall be sold within the dwelling, and no display or storage of products shall be made on the premises outside of the dwelling or be in any way visible outside the dwelling. No chemicals or toxic materials may be stored in amounts in excess of those normally related to the residential use of the dwelling. The home occupation shall not displace a use required for the dwelling by this code; for example, the following shall not be displaced: Use of a carport or garage for storage of materials or equipment is in violation of section 113-232.

(e)

No equipment, process or use shall be used or made in such home occupation, which creates noise, vibrations, fumes, glare, odors, powders, hazardous materials, liquids or electrical interference detectable to the normal senses, or harmful to flora or fauna, off the lot. In the case of electrical interference, no equipment or process shall be used which creates visible or audible interference in any radio or television receiver off the premises, or causes fluctuations in power line voltage off the premises.

(f)

There shall be no pattern of vehicular traffic, caused by the home occupation, to and from the residence, in excess of two vehicles per day, other than that by the occupants themselves.

(g)

All home occupations require an occupational license; such license being issued subject to approval by the building official.

(h)

The building official may deny, revoke, or cancel a business tax receipt granted for a home occupation if the building official determines that:

(1)

There was a material misstatement of information in the application; or

(2)

The home occupation fails to meet the requirements of this section.

(i)

The denial, revocation, or cancellation of an occupational license for a home occupation may be appealed to the board of adjustment pursuant to sections 113-93 and 113-94. All property owners within 200 feet of the dwelling in which the proposed home occupation shall be operated shall be notified in writing of the appeal by the board of adjustment within ten days following the filing of said appeal. Said written notice shall be deemed a courtesy and failure to receive this notice shall not affect any action or proceeding taken by the board of adjustment.

(Code 1962, § 28-79; Code 1993, § 17-102; Ord. No. 142, 10-3-1972; Ord. No. 261, § 20, 7-17-1979; Ord. No. 83-326, § 1, 3-15-1983; Ord. No. 84-347, § 1, 4-17-1984; Ord. No. 89-10, §§ 2—4, 4-18-1989; Ord. No. 90-7, § 1, 2-20-1990)

(a)

Purpose. It is the intent of this section to establish the length and to authorize the parking and storage locations of RVs (which are defined herewith).

(b)

Storage and use of RVs. Storage and use of RVs (recreational vehicles) such as campers, trailers, motorhomes, and boats. Trailers, motorhomes, campers, truck campers, travel trailers, campers, buses, air boats, air boat trailers, air boats mounted on trailers, boats, boat trailers, boats mounted on trailers, and certain vans defined in section 113-4 as a "recreational vehicle," hereinafter referred to by the term "RVs," which do not exceed 40 feet in overall length, may be parked, stored, or stopped on any lot, provided that:

(1)

An RV, when so situated, shall not be used for residential, office or commercial purposes.

(2)

An RV shall not be connected in any manner to utilities except for the purpose of charging batteries thereon. Use of RVs for sleeping, housekeeping, or living quarters while so situated shall not be permitted.

(3)

Parking and storage provisions.

a.

An RV shall only be located to the rear of the front structure line of the property and of the adjacent property.

b.

When a corner lot is involved and the RV is located on the side abutting the intersecting street, it shall only be located no less than 25 feet from that side lot line, which corner side yard, as defined in section 113-4, extends from the front yard to the rear lot line on the side abutting the intersecting street; and

c.

All RVs, including those mentioned in subsection (b)(2) and (3)a of this section, shall be located in side or rear yards of a lot.

d.

An RV shall not be located on any part of the road right-of-way except when moving.

e.

An RV, if collapsible, shall be parked or stored in its collapsed condition only.

f.

The sites upon which an RV is parked shall be well kept and free from weeds and other unsightly growth.

g.

This section shall not prevent convenient parking in front of structure line for purposes of loading and unloading as necessary for periods of time not to exceed 48 hours.

(c)

Cargo trailers. Only one cargo trailer per residence, up to 14 feet in overall length is permitted but must be parked as any RV except for purposes of loading, unloading and delivery for such periods of time as may be necessary under the varying circumstances but in no case over 48 hours. Additional uses of cargo trailers not herein set forth specifically may be permitted by special permit as provided in subsection (b)(1) of this section.

(d)

RVs over 40 feet. RVs over 40 feet and cargo trailers over 14 feet. RVs which exceed 40 feet in length, and cargo trailers which exceed 14 feet in overall length, whether powered or unpowered, shall not be permitted except for purposes of loading, unloading and delivery for such periods of time as may be necessary under the varying circumstances but in no case over 48 hours.

(e)

Trailer parks. Trailer parks shall not be permitted within the town, except that trailer parks on any property to be annexed by the town shall be ruled upon by the town council at the time of annexation.

(f)

Structure line. For purposes of this section, structure line shall be defined as the front line where the main structure on said premises commences.

(Code 1962, § 28-80; Code 1993, § 17-103; Ord. No. 142, 10-3-1972; Ord. No. 239, § 1, 9-19-1978; Ord. No. 86-2, § 1, 3-18-1986; Ord. No. 88-17, § 1, 10-25-1988; Ord. No. 94-14, § 1, 7-19-1994; Ord. No. 95-9, § 4, 7-18-1995; Ord. No. 98-7, § 1, 8-18-1998)

Group housing developments of two or more dwellings to be constructed on a plot of ground under single ownership of two acres or more, not subdivided into the customary streets and lots and which shall not be so subdivided, may be developed provided that:

(1)

Maximum population density (land area per family) is not exceeded.

(2)

Maximum building density (percent of land covered) is not exceeded.

(3)

Height limits and front, side or rear yard requirements shall be met in accordance with the district in which such group housing is permitted.

(Code 1962, § 28-81; Code 1993, § 17-104; Ord. No. 142, 10-3-1972)

(a)

Every outdoor private or public swimming pool shall be completely surrounded by a fence or wall six feet in height, or by an enclosure which must be eight feet in height. Said fence, wall, or enclosure shall be so constructed as to not have openings, holes, or gaps larger than four inches in any dimension, except for doors and gates. If a picket fence is erected or maintained, the vertical and/or horizontal gap between pickets shall not be more than four inches. A dwelling house or accessory building may be used as part of such enclosure provided it meets the requirements in subsection (c)(1) of this section.

(b)

All gates or doors opening to the pool area shall be equipped with a self-closing and self-latching device located at least five feet above the ground. All doors or gates of a dwelling or accessory building which forms part of the enclosure must comply with subsection (c)(4) of this section.

(c)

Residential swimming pools, spas and hot tubs must meet at least one of the following additional safety requirements:

(1)

The pool must be isolated from access to a home by an enclosure that meets the following pool barrier requirements:

a.

The barrier must be at least four feet high on the outside;

b.

The barrier may not have any gaps or openings larger than four inches or indentations, protrusions, or structural components that could make it possible to climb over the barrier;

c.

The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall or other enclosure surrounding the yard unless the fence, wall or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section;

d.

The barrier must be placed at least three feet away from the water's edge;

e.

The structure of an above ground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top if its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an above ground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section;

f.

Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate at least five feet above the ground;

g.

A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool; and

h.

A barrier may not be located in a way that allows any permanent structure, equipment or similar object to be used for climbing the barrier;

(2)

The pool must be equipped with a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM) in compliance with standard F1346-91;

(3)

All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dba at ten feet; or

(4)

All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 4½ feet above the floor.

(d)

The inside edges of the swimming pool (the waterline) shall be setback at least ten feet from the lot lines for interior lots and at least 15 feet from the lot line on a corner lot whose side yard abuts a street.

(e)

Enclosures and/or decking shall be setback at least four feet from all lot lines for interior lots and at least ten feet from the lot line on a corner lot whose side yard abuts a street.

(f)

All swimming pools shall conform to the applicable provisions of the building code as adopted in chapter 103 and the sanitary code of the state.

(g)

Notwithstanding any other requirement of this section, any lot which abuts the Indian River shall not be required to erect a fence along the lot line abutting and running parallel to such body of water if the fencing running perpendicular to such body of water shall be extended out into the water for a distance of at least three feet.

(Code 1962, § 28-82; Code 1993, § 17-105; Ord. No. 142, 10-3-1972; Ord. No. 81-298, § 2, 8-18-1981; Ord. No. 86-12, § 1, 5-20-1986; Ord. No. 95-9, § 5, 7-18-1995; Ord. No. 01-02, § 1, 1-16-2001)

All industrial or manufacturing uses are prohibited.

(Code 1962, § 28-84; Code 1993, § 17-107; Ord. No. 142, 10-3-1972)

Where uses are permitted by reference to another district, all requirements of the referenced district must be adhered to for that particular use, except that setbacks shall conform to the district in which the property is located.

(Code 1962, § 28-85; Code 1993, § 17-108; Ord. No. 142, 10-3-1972; Ord. No. 84-346, § 1, 4-17-1984)

Additions must be architecturally compatible with the existing construction in the reasonable discretion of the building official with the advice and consent of the zoning board.

(Code 1962, § 28-26; Code 1993, § 17-109; Ord. No. 142, 10-3-1972; Ord. No. 88-18, § 1, 10-25-1988)

(a)

The maximum density for all zones in the town shall not be greater than 25 units per acre.

(b)

Densities will be computed on the area of the lots, i.e., within the boundaries of the lot lines, except those lots which border on the Atlantic Ocean. Density for the latter will be computed as above except that the Ocean Bluff Line will be used as the eastern boundary of the lots for this purpose.

(Code 1962, § 28-87; Code 1993, § 17-110; Ord. No. 142, 10-3-1972; Ord. No. 153, § 2, 6-19-1973)

(a)

Satellite dish antennas 40 inches and larger in diameter are hereby permitted as accessory uses in all zoning districts subject to the regulations and conditions, to protect the rights of other property owners and at the same time protect the public health and safety and preserve the aesthetic value and quality of the town's primarily residential character.

(b)

The maximum permitted diameter of the satellite dish shall be ten feet.

(c)

If mounted on the ground, the maximum height to the top of the satellite dish antenna shall be 14 feet above the grade level of the first floor of the principal structure.

(d)

The dish antenna in any residential zoning district (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) shall be set back from both side and rear lot lines a distance of not less than one-half the maximum height of the satellite dish as installed. In no case shall the antenna be in the front or side yard.

(e)

In any residential zoning district (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) a dish antenna may not be mounted on the roof of the principal or accessory structure and must be detached from the principal structure. In the commercial, church, and tourist zoning districts (including and limited to the C, C-1, C-2, SC, T, and CH zoning districts) the antenna may be roof mounted. All satellite dish antennae shall meet the building height limitations in this section and in effect in the zoning district in which they are located, plus a maximum of 14 feet.

(f)

The dish antenna must be mounted on a permanent foundation engineered and anchored to withstand wind velocity of 160 miles per hour which shall be certified in the installation instructions furnished by the antenna's manufacturer (or by a registered professional structural engineer). Installation to these specifications shall be under the supervision of and approved by the town building official. The material used shall be made to conform and blend, to the greatest extent practicable, with surrounding areas and structures, taking into consideration color, ability to receive or transmit a signal to a given satellite or receiver, and location. The dish antenna shall contain no advertising or signage that is discernible from a distance of ten feet or more.

(g)

In any residential zoning district wherein the principle use on any lot is for residential purposes (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) dish antennas shall be limited to one antenna per principal residential structure.

(h)

The satellite dish antenna station, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize visual impact on adjacent properties and from public streets, beaches, rights-of-way and bodies of water. To the extent that screening does not interfere with the reception or transmission of a signal the dish antenna shall be screened through the use of landscaping or architectural features which harmonize with the elements and characteristics of the property and adjacent properties. The materials used in constructing the earth stations shall not be unnecessarily bright, shiny, garish, or reflective. The antenna dish system shall by no means be portable.

(i)

Dish antennas shall meet all manufacturer's specifications. The mast or tower shall be of noncombustible and corrosive resistant material. The miscellaneous hardware such as brackets, turnbuckles, clips, and similar equipment subject to rust or corrosion, shall be protected with a zinc coating by either galvanizing or sheradizing process after forming, or by use of stainless steel fittings. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the joining of dissimilar metals.

(j)

All dish antennas shall be maintained in good working condition and in accordance with all requirements of this subsection and shall at all times be connected for operation. All dish antennas shall be subject to periodic inspection to ensure compliance under this section. No additions, changes, or modifications shall be made to a dish antenna unless the addition, change, or modification is in conformity with this subsection, the building code, and the development permit.

(k)

Application for a building permit to install, construct, or increase the height of a television station, radio station, or satellite dish receiver or transmit antenna shall be made upon such forms required by the town, and the applicant shall submit a site plan showing adjacent properties, possible views, and all screening features plus location of structures and plantings on the subject property. Such site plans may be hand-drawn sketches, not necessarily to scale, but must show all dimensions and measurements such as lot line setbacks and location of any easement on the lot.

(l)

If the antenna is roof-mounted, it must conform to applicable construction standards contained in the state building code. Building plans with construction and erection methods shall be approved by a registered professional structural engineer. Final approval of a building application for a transmit dish antenna system is contingent upon receipt of any necessary FCC frequency plan and approvals.

(m)

Administrative exception approval.

(1)

Upon submittal of a site plan, the town manager or his designee may grant an exception from the strict application of any of the provisions of this section, which imposes an impediment to clear signal transmission by the requested transmit satellite dish antenna or clear signal reception by the requested receive signal satellite dish antenna, upon determining that:

a.

The location of foliage on adjacent property not owned by the applicant, structures, or living trees, will cause an impediment to clear signal transmission by the requested transmit satellite dish antenna or clear signal reception by the requested receive signal satellite dish antenna;

b.

That the exception requested is the minimum exception that is needed to permit clear signal transmission by the requested transmit satellite dish antenna or clear signal reception by the clear signal receive signal satellite dish antenna; and

c.

That the criteria in this section cause the applicant a practical difficulty in erecting and utilizing the requested satellite dish antenna.

(2)

It is the intent of the town council that the exception review pursuant to this subsection be accomplished expeditiously, as part of the site plan review, and at no cost to the applicant. Any denial of an exception shall be subject to appeal to the town council for de novo review of the determination of the town manager, or his designee. This exception procedure is not intended to preclude the application for or consideration of a variance pursuant to division 4 of this article.

(Code 1993, § 17-111; Ord. No. 86-13, § 1, 6-17-1986; Ord. No. 92-3, § 1, 1-21-1992; Ord. No. 12-02, § 16, 11-21-2011; Ord. No. 13-11, § 1, 6-25-2013)

(a)

Skateboard ramps are permitted in the R-1-A, R-1-B, R-2, R-3 and R-P zoning districts. Skateboard ramps must meet the following conditions:

(1)

Are restricted to use only between the hours of 8:00 a.m. and 9:00 p.m. eastern time;

(2)

Are allowed, when in use, only in front of the front structure line and in the side yard if maintained a minimum of ten feet from the side lot lines;

(3)

May be stored, when not in use, in a side or rear yard without restriction as to setback;

(4)

Are allowed in front of the front structure line only during permitted hours of use;

(5)

Will not be allowed in the paved street or public right-of-way;

(6)

Will not be illuminated;

(7)

Will be in good repair and not be in a deteriorated state; and

(8)

Will not exceed four feet in height.

(b)

In all other districts, skateboard ramps shall be placed far enough from public sidewalks and public streets so as to prevent the user of the skateboard ramp from moving onto said sidewalk or street as a partial or complete result of the momentum generated by the use of the ramp. No person shall allow the erection, placement or maintenance of a skateboard ramp on his property in violation of this section. Violation of this provision shall be enforced by the code enforcement board pursuant to its rules and procedures in accordance with F.S. ch. 162.

(Code 1993, § 17-112; Ord. No. 87-3, § 1, 2-17-1987; Ord. No. 02-08, § 1, 4-16-2002; Ord. No. 12-11, § 1, 8-21-2012)

(a)

No person shall be upon, ride, or in any way propel himself through use of a skateboard on the public beach boardwalk located parallel with and adjacent to the Atlantic Ocean.

(b)

Violation, citation, etc.

(1)

Any law enforcement officer shall have the power to issue a citation for violation of this section. Such citation shall state the date, time, and place of the issuance of the citation, the name and address of the person in violation, the date of the offense, the offense committed, the amount of the fine, directions as to payment of the civil infraction or request for a hearing, statement as to the effect of the election to request a hearing rather than pay the fine listed on the citation, the name and signature of issuing officer, and the name and signature of person receiving the citation.

(2)

A violator may pay the fine as provided for in subsection (b)(3) of this section and waive his right to a hearing before a county court judge.

(3)

Penalties imposed for the violation of this article shall be:

a.

Ten dollars per incident, if paid to the finance director of the town within ten days of issuance of the citation.

b.

Fifteen dollars per incident, if paid to the finance director of the town more than ten days but within 20 days of issuance of the citation.

(4)

If the fine outlined in subsection (b)(3) of this section is not paid within the 20-day period outlined therein, the clerk shall cause the violator listed on the citation to be served with a court summons requiring payment or attendance at a hearing at a time and place specified on such summons. A county judge, after a hearing, may make a determination as to whether a violation of this article has been committed and may impose a sentence.

(5)

Nonpayment of the penalty within such 20-day-period shall be prima facie evidence of the violator's election to waive the right to pay the fine imposed in subsection (b)(3) of this section.

(6)

A hearing may be requested by the person receiving such citation for the purpose of presenting evidence before a county judge concerning violation of this article. The cited person must request a hearing within 20 days of the issuance of such citation by informing the clerk of the county court of such intention. Any person requesting a hearing who does not appear in accordance with such request, shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with this section.

(7)

An election to request a hearing constitutes a waiver of the right to pay the fine indicated on the citation.

(Code 1993, § 17-113; Ord. No. 87-3, § 2, 2-17-1987)

(a)

Applicability generally. All community residential homes shall comply with all applicable requirements set forth in this section.

(b)

Dispersal of facilities.

(1)

In any residential zoning district, the minimum distance between an existing level I community residential home principal structure and a proposed level I community residential home principal structure shall be 1,000 feet.

(2)

No proposed level II community residential home principal structure shall be located within 1,200 feet of another level II community residential home principal structure in a multifamily zoning district.

(3)

No level II community residential home principal structure shall be located within 500 feet of a R-1-A or R-1-B single-family zoning district in the town of Indialantic; a 1-RS, 2-RS, or 3-RS single-family zoning district in the town of Melbourne Beach, or a REU, RR-1, SEU, SR, EU, EU-1, EU-2, RU-1-7, RU-1-9, RU-1-11, RU-1-13, RA-2-4, RA-2-6, RA-2-8, RA-2-10, RRMH-1, RRMH-2.5, RRMH-5, TR-1, TR-1A, TR-2, TRC-1, or PUD single-family zoning district in unincorporated Brevard County.

(4)

Distance shall be measured from the nearest point of a community residential home principal structure or district line of a R-1-A or R-1-B single-family zoning district to the nearest point of a proposed community residential home principal structure.

(c)

Neighborhood compatibility. In residential zoning districts, the external appearances of group home structures and building sites shall maintain the general character of the area. Exterior building materials, landscaping, fences and walls, and general design shall be compatible with those of surrounding dwellings.

(d)

Facility standards. Each community residential home shall:

(1)

Have not less than 500 square feet of living area per assigned resident.

(2)

Have not less than a minimum of one bathroom, containing a sink, toilet, and shower or tub, for each two assigned residents plus one similarly equipped bathroom for the owner/operator of the home.

(3)

Be designed in such a manner that all assigned residents shall have internal access from assigned bedroom areas to the living and dining areas, if the community residential home is a single-family or duplex structure.

(4)

Be designed consistent with section 11 of the latest edition of the Florida Accessibility Code for Building Construction.

(e)

Parking. Each community residential home shall have one off-street parking space for every two assigned residents plus two parking spaces for the owner or operator of the home. In addition, each community residential home shall have at least one off-street parking space for each non-resident staff member.

(f)

Signage. Except as permitted in section 113-304 or 113-305, no signs shall be permitted for community residential homes.

(g)

Fire safety, building and construction-related regulations.

(1)

Fire safety regulations.

a.

Community residential home for children.

1.

All community residential homes for six or more children unrelated to the proprietor and licensed pursuant to F.S. § 409.175, as amended from time to time, shall comply with the Uniform Fire Safety Standards for Residential and Nonresidential Child Care Facilities, F.A.C. ch. 69A-41. All other community residential homes for children shall comply with the Florida Fire Prevention Code adopted pursuant to section 16-93.

2.

All community residential homes for children shall comply with the applicable edition of the National Fire Protection Association (NFPA) 101, Life Safety Code, as adopted pursuant to F.A.C. 69A-60.004.

b.

Community residential homes for developmentally disabled persons.

1.

All community residential homes for developmentally disabled persons (excepting children as set forth in F.A.C. 69A-38.020(3)(a)), shall comply with the Uniform Fire Safety Standards for Residential Facilities for Individuals with Developmental Disabilities, F.A.C. ch. 69A-38.

2.

All community residential homes for developmentally disabled persons shall comply with the applicable National Fire Protection Association (NFPA) 101, Life Safety Code, as adopted pursuant to F.A.C. 69A-38.023.

c.

Community residential homes for adult congregate living facilities.

1.

All community residential homes for adult congregate living facilities shall comply with the Uniform Fire Safety Standards for Adult Congregate Living Facilities, F.A.C. ch. 69A-40.

2.

All community residential homes for adult congregate living facilities shall comply with the applicable provisions or alternatives of the National Fire Protection Association (NFPA) 101, Life Safety Code, as adopted pursuant to F.A.C. ch. 69A-40.

d.

Other community residential homes. All community residential homes for other than adult congregate living facilities, developmentally disabled persons, or child-caring facilities, shall comply with the Standard Fire Prevention Code adopted pursuant to section 16-93 and the National Fire Protection Association (NFPA) 101, Life Safety Code, adopted pursuant to section 16-93.

(2)

Building and construction related codes. All community residential homes shall comply with applicable minimum standard building codes, and other building and construction related codes, adopted pursuant to chapter 103.

(h)

State regulations. Violations of applicable federal or state statutes and administrative regulations shall be deemed violations of this code.

(i)

Termination. The owner or operator of a community residential home shall notify the town building department within 15 days of the discontinued use of a structure as a community residential home.

(j)

Administrative permit.

(1)

All operators of community residential homes shall submit an application for an administrative permit to the town's director of community development. Said application shall contain the state license and appropriate documentation, as determined by the director of community development, to determine compliance with this section. Upon receipt of an application, the director of community development shall notify all property owners within 200 feet of the community residential home lot of the filing of an application for a community residential home administrative permit. Notices shall be deemed sufficiently given if mailed, first class U.S. mail to the address of the property owner as shown on the most current ad valorem tax rolls on file at town hall. No permit shall be issued until at least 15 calendar days after the date of mailing of notices.

(2)

Community residential homes shall be subject to the home occupation regulations of section 113-235. Simultaneous with the application for an administrative permit, the applicant shall file an application with payment of the business tax for a home business tax receipt as set forth in section 30-26.

(3)

Upon a determination by the director of community development of compliance with this code by the applicant for an administrative permit, the permit shall be issued. The administrative permit shall be valid for one year from the date of issuance. Renewal shall be accomplished in the same manner as the original application.

(Code 1993, § 17-115; Ord. No. 95-13, § 2, 10-17-1995)

The town manager may issue permits for the placement of units on property within the town. The following regulations shall apply to the placement of temporary portable storage units upon lots in all zoning districts:

(1)

A permit shall be obtained prior to setting the unit on the property.

(2)

A maximum of one unit per property can be considered for permitting; provided, however, that the town manager may issue a permit for one additional unit if the following conditions are satisfied:

a.

The permit applicant must present substantial, competent evidence of the need for the issuance of a permit for an additional unit. The evidence must demonstrate that the permit applicant has so many articles of personal property that two units are needed for storage on the property at the same time, or that the permit applicant's personal property is stored in such a manner that an additional unit is needed to be located on the property at the same time;

b.

The additional unit shall be located on the property only at the same time that the primary or first unit is also on the same property; and

c.

Both units shall be placed on the property in such a manner so as not to encroach on property not owned by the permit applicant, block the public use of roadways adjacent to the permit applicant's property, not cause a visual obstruction to motor vehicle operators on public rights-of-way or to those individuals leaving the permit applicant's property and entering a public right-of-way.

(3)

A site drawing shall be submitted showing the location on the property where the unit will be placed, size of the unit and distance to all applicable property lines and all other buildings or structures. This plan shall be reviewed and subject to approval by the town manager, or said manager's designee.

(4)

The property must be occupied by a principal building.

(5)

All units shall be set back a minimum distance of ten feet from all property lines except the property line abutting the street used as access for the unit, which shall be five feet.

(6)

The unit shall be removed within ten calendar days after permit issuance.

(7)

No more than 12 permits may be secured within a 12-month period and a minimum of 20 days shall exist between the issuance of permits for the same property.

(8)

The size of the unit shall not exceed:

a.

A height of eight feet; and

b.

130 square feet in size.

(9)

In the event of a tropical storm or hurricane watch issued by the National Weather Service, the town shall have the right to order the supplier to remove the temporary storage unit by providing the supplier 72 hours' notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage unit shall be immediately removed by the supplier after the warning being issued.

(10)

Final action by the town manager with regard to issuance of a permit may be appealed to the town council by an aggrieved party. An aggrieved party shall include:

a.

The permit applicant;

b.

The owner or occupant of real property located immediately adjacent to the property on which the unit shall be placed; or

c.

A person suffering greater injury than others in the community or suffering a different type of injury than other persons in the community.

Appeals to the town council shall be filed with the town clerk within not more than ten days after the rendition of a decision to approve or disapproved issuance of a permit by the town manager. Appeals to the town council shall be de novo.

(Code 1993, § 17-116; Ord. No. 04-07, § 2, 3-16-2004)

(a)

Performance standards. All vacation rentals, dwellings qualifying under this section, shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit.

(1)

Parking. For single-family residential homes used as vacation rentals, there shall be at least two designated and available off-street parking space per unit.

(2)

Excessive or late noise. Noise emanating from the resort dwelling shall not disturb the peace and quiet of the neighborhood vicinity in which the vacation rental is located. Sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph, device emitting sounds or audible noise, or similar device, shall not be discernable at the property line of the vacation rental unit after 10:00 p.m. and before 8:00 a.m. on Monday through Friday or before 9:00 a.m. Saturday and Sunday. The ambient noise level of the neighborhood is considered excessive which is discernable at the property line of a complainant is excessive noise after 10:00 p.m. and before 8:00 a.m. (weekdays) or 9:00 a.m. (Saturday and Sunday).

(3)

Vehicles shall not be placed on the street or in yards. Watercraft and trailers shall comply with the provisions of section 113-236.

(4)

No recreation vehicles shall be used for sleeping or overnight accommodations at or adjacent to the vacation rental unit.

(5)

All trash and debris on the vacation rental property must be kept in covered trash containers.

(6)

Vacation rentals must be registered, licensed and at all times be in compliance with all applicable state requirements contained in F.S. chs. 212 (Florida Tax and Revenue Act) and 509 (Public Lodging Establishments), as implemented by the Florida Administrative Code, as may be amended.

(7)

The name, address, and telephone number of the vacation rental manager, the telephone number of the town code enforcement department and the town police department shall be posted prominently inside each rental unit.

(b)

Prohibitions, enforcement, and penalties. It shall be unlawful for any vacation rental unit owner, landlord, tenant, agent or other representative of a landowner to rent, lease, advertise or hold out for rent any structure or unit for vacation rental use in any district where a vacation rental use is prohibited.

(c)

Prima facie evidence of vacation rental of a dwelling unit shall include:

(1)

Registration or licensing for short-term rental or transient rental use by the state under F.S. chs. 212 (Florida Tax and Revenue Act) and 509 (Public Lodging Establishments);

(2)

Advertising or holding out a dwelling unit for vacation rental use;

(3)

Reservations, booking arrangements or more than one signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any period of 84 days or less;

(4)

The use of an agent or other third person to make reservations or booking arrangements;

(5)

On a non-homestead property, different occupants have been observed on at least two separate occasions within any 90-day period; or

(6)

On a non-homesteaded property, different vehicles with different license plate tags have been observed parked on at least two separate occasions in any 90 day period.

(d)

In addition to any other remedies available to the town, the town or any adversely affected party may enforce the terms of this section in law or equity, provided that enforcement may only be against the owner, operator, manager, landlord, or tenant of a vacation rental unit. The term "adversely affected party" means a resident or property owner of the town whose property is located within 300 feet of the vacation rental unit involved in an action brought pursuant to this subsection. An adversely affected party may seek injunctive relief in a court of competent jurisdiction to prevent a violation of the zoning code or this section. Attorney's fees and costs incurred in an action to enforce these regulations concerning vacation rental use may be awarded to a substantially prevailing party at the discretion of the court.

(Code 1993, § 17-117; Ord. No. 08-01, § 3, 11-20-2007)

Notwithstanding the prohibitions set out in sections 113-336(2)e, 113-336(3)q, and any other conflicting provisions of this code, a business properly operating an enclosed restaurant may operate a contiguous outdoor cafe, providing the following requirements are met:

(1)

Such outdoor cafe must adhere to the following codes and regulations:

a.

All town, county and state health regulations;

b.

The fire prevention and life safety codes adopted by the town;

c.

Building and construction codes of the town; and

d.

The zoning code.

(2)

Only contiguous property leased or owned by the restaurant may be used for outdoor cafe seating. Such property must be adjacent to the licensed establishment.

(3)

Alcoholic beverages may be served only when all the following requirements are met:

a.

The restaurant operating the outdoor cafe possesses a valid alcohol license for such restaurant and outdoor cafe service;

b.

Any additional licenses required by state or county law for such outdoor cafe are secured; and

c.

The regulations set out in chapter 4 are followed.

(4)

Inspection and approval from the fire department as well as the building department is required prior to opening such outdoor cafe for business, and required periodically thereafter.

(5)

A minimum of 15 square feet per seat shall be required; however, in no case shall the maximum number of outdoor seats exceed 50 percent of the total number of indoor seats.

a.

Outdoor seating is allowed from 7:00 a.m. to 10:00 p.m. only, except as provided in subsection (5)b of this section.

b.

Outdoor seating is allowed Monday through Thursday from 7:00 a.m. until 12:30 a.m. the following day; Friday and Saturday from 7:00 a.m. until 1:30 a.m. the following day; on Sunday from 7:00 a.m. until 11:30 p.m. for those outdoor cafes that are situated in the C or C-1 district and all sides of the outdoor cafe abut C or C-1 district property.

Permission may be granted by the town manager at his discretion to extend the hours that outdoor seating is allowed on special occasions, providing that request for such permission is made at least 48 hours in advance.

(6)

No candles nor any other nonelectrical illumination device are permitted in outdoor cafe areas in which any flammable overhead cover is used.

(7)

Outdoor lighting shall not be neon or garish, shall not alternate on and off, and shall be of sufficient intensity to provide safe movement. All outdoor lighting shall be properly guarded and directed so as not to shine on traffic or other property in a disturbing or unsafe way.

(8)

The atmosphere pollutant standards set out in section 113-336(2)a and b shall be the responsibility of the proprietor to enforce.

(9)

No music, public address system, or outdoor entertainment is allowed.

(10)

At any part of a ground floor outdoor cafe not blocked by a building, there shall be maintained or constructed a fence, not less than three feet high surrounding the outdoor cafe area subject to the following provisions:

a.

Maximum overall height of the fence shall not exceed four feet except by an additional six inches for caps, finials or top of posts; the supporting structure side of all fences shall face to the interior of the fenced property.

b.

Fence construction must provide at least 50 percent visibility.

c.

Fence must have a bottom rail a maximum of two inches above the ground, floor surface or deck.

d.

Fence must be constructed from rot- and termite-resistant wood; or wood which has been chemically treated to resist rot and termites; ornamental iron, steel or aluminum; concrete or masonry wood, metal, masonry materials, tempered glass, or polycarbonate resin (i.e., Lexan®). PVC or chain link fence materials are prohibited. Other non-prohibited materials may be considered by the zoning and planning board.

e.

Hedges are not permitted to be used as the required outdoor cafe fence.

f.

Fence construction and color must be compatible with the principal building color scheme.

g.

Fence may have openings to allow ingress/egress of patrons.

h.

Such fence shall be set back no less than three feet from the boundary line of the property.

i.

Such fence shall be measured from the floor surface of the deck on the outdoor cafe side of the fence.

(11)

No preparation of food whatsoever shall take place in the outdoor cafe area.

(12)

Provisions for parking shall be in accordance with the requirements of section 113-336(11), except in the C-2 district, where parking shall be in accordance with section 113-340(9)c, as amended from time to time.

(13)

During its normal business hours, the cafe property and adjacent property within a radius of 300 feet free shall be kept free of debris resulting from the operation of the restaurant.

(Code 1993, § 17-132; Ord. No. 86-17, § 1, 8-19-1986; Ord. No. 90-16, § 1, 9-18-1990; Ord. No. 02-12, § 1, 6-18-2002; Ord. No. 03-12, § 1, 10-21-2003; Ord. No. 05-1, § 1, 12-16-2004; Ord. No. 05-07, § 1, 1-18-2005; Ord. No. 05-09, § 1, 4-19-2005; Ord. No. 05-10, § 1, 4-19-2005; Ord. No. 06-07, § 1, 3-21-2006; Ord. No. 09-08, § 1, 3-17-2009)

(a)

All medical marijuana treatment centers or medical marijuana treatment center dispensing facilities, as described in F.S. § 381.986 must comply with the state building code, the state fire prevention code, or any local amendments to the state building code or the state fire prevention code.

(b)

At such time as the preemption to the state of on local government regulation of medical marijuana treatment center cultivating or processing facilities is repealed, no medical marijuana treatment center cultivating or processing facilities may be located in the town.

(c)

Medical marijuana treatment centers. A medical marijuana treatment center may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. See F.S. § 381.986(11)(c). The distance for determining the minimum distance separation shall be measured by following a straight line from the outer property line of the location at which the medical marijuana treatment center is proposed to be located to the nearest outer property line of a public or private elementary, middle, or secondary school.

(d)

Schools. The location of a proposed public or private elementary school, middle school, or secondary school shall be at least 500 feet from any presently existing medical marijuana treatment center. The distance for determining the minimum distance separation shall be measured by following a straight line from the outer property line of the location at which the medical marijuana treatment center is proposed to be located to the nearest outer property line of a public or private elementary, middle, or secondary school.

(Code 1993, § 17-133; Ord. No. 17-10, § 12, 5-15-2017; Ord. No. 17-14, § 12, 9-13-2017)

(a)

Purpose and intent. The purpose and intent of this section is to establish land use and zoning regulations for real property upon which a mobile food dispensing vehicle is authorized to operate within the jurisdictional limits of the town. Mobile food dispensing vehicles, except for those operating on real property authorized in this section, are prohibited and unlawful on other real property not so authorized. This section is neither intended to prohibit mobile food dispensing vehicles from operating within the entirety of the town nor regulate the licensing, registration, permitting and fees of mobile food dispensing vehicles preempted by the state under F.S. § 509.102.

(b)

Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a difference meaning is intended:

Accessory means clearly incidental or subordinate to and customary in connection with the principal building or use on a developed site and which is located on the same lot or parcel with such principal building or use.

Town manager means the town manager, or said manager's designee.

Developed site means real property upon which a building and other permanent improvements have been legally constructed and which is currently in compliance with all land development regulations and the town code.

Food means all substances commonly used for human consumption as food, beverage, confectionery or condiments, whether simple, mixed or compound, and all substances or ingredients used in preparation thereof.

Mobile food dispensing vehicle has the same meaning as that term is defined in F.S. § 509.102(1), and upon the effective date of this section means any vehicle that is a public food service establishment and that is self-propelled or otherwise moveable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal.

Public road means any public right-of-way for cars and trucks in the town.

Special event means any organized, temporary public or private celebration or gathering of people which requires a town special event permit including by way of example events relating to athletic contests, carnivals, fairs, cook-offs, entertainment, dancing, music concerts, dramatic productions, art exhibitions, parades, fundraisers (such as religious, charitable, patriotic or philanthropic events), or the sale of merchandise, food or alcohol, or any combination of the foregoing.

(c)

Authorized locations. Subject to the terms and conditions set forth in subsection (d), mobile food dispensing vehicles shall be allowed to operate within the jurisdictional limits of the town in the following authorized areas:

(1)

As a temporary accessory use on property which is designated CH, P (except Orlando Park as shown on the plat of Indialantic By-The-Sea Section A, plat book 3, page 90, public records of the county), or SC, on the town's official zoning map. Site plan approval is required pursuant to section 113-27 of this Code.

(2)

To deliver food for sale during normal lunch (approximately 12:00 p.m.) or dinner (approximately 6:00 p.m.) time to employees on-site of an existing business located on property with a zoning designation of C, C-1, C-2, or SC. Sale of food shall be strictly limited to only the employees of the business working on-site during normal business hours of the business. The sale to any other persons shall be strictly prohibited. Sales permitted under this subsection shall be limited to no more than two hours on any day in which the business being served is open for employees to work. The sale of food authorized by this subsection shall be exempt from subsections (d)(4) and (d)(6) of this section. Site plan approval pursuant to section 113-27 of this Code is not required; provided, that the property owner or business owner shall coordinate the mobile food dispensing vehicle location with the town to assure that no impediment to traffic or pedestrian travel shall occur.

(3)

Within a clearly delineated area on town property or a public road which has been specifically and temporarily set aside for a mobile food dispensing vehicle to operate during a special event which is open to the general public; provided, that the event has been lawfully permitted by the town and any mobile food dispensing vehicle has been contractually arranged by the event organizer to be part of the event. Site plan approval pursuant to section 113-27 of this Code is not required; provided, that the property owner or business owner shall coordinate the mobile food dispensing vehicle location with the town to assure that no impediment to traffic or pedestrian travel shall occur.

(4)

Within a clearly delineated area on public or private school property which has been specifically and temporarily set aside for a mobile food dispensing vehicle to operate during a school sponsored event held entirely on school property which is open to the faculty and student body; provided, that the event has been lawfully permitted by the town and any mobile food dispensing vehicle has been contractually arranged by the school to be part of the event. Site plan approval is required pursuant to section 113-27 of this Code.

(5)

Within a clearly delineated area on private property which has been specifically and temporarily set aside for a mobile food dispensing vehicle to operate during a special event held entirely on private property which is private or open to the general public; provided, that the event has been lawfully permitted by the town and any mobile food dispensing vehicle has been contractually arranged by the event organizer to be part of the event. Additionally, a special event allowed on private property under this subsection shall be limited to no more than one event per calendar quarter on said property.

(6)

Mobile food dispensing vehicle may operate and sell pre-prepared food on local, non-arterial or non-collector streets in residential zoning districts during daylight hours between sunrise and sunset; provided, that: (i) no stopped or standing mobile food dispensing vehicle interrupts the flow of traffic on the street or pedestrian travel on any sidewalk; (ii) no stopped or standing mobile food dispensing vehicle, partially or wholly, blocks any driveway or point of motor vehicular access from the street on to any public or private property; and (iii) no mobile food dispensing vehicle is stopped on any one block of said street for more than 15 consecutive minutes. Site plan approval is not required for this activity. No mobile food dispensing vehicle may stop and sell food on any local, collector, or arterial street in a non-residential zoning district under this paragraph (c)(6).

(d)

Conditions of land use and operational standards. The following land use and operational standards shall apply to all mobile food dispensing vehicles operating within the town:

(1)

When the mobile food dispensing vehicle will be operating on private property, a notarized affidavit signed by the property owner indicating that the vehicle has permission to operate and vend on the property shall be submitted to the town. The affidavit must be on a form approved and provided by the town and shall also indicate that the property owner acknowledges the following requirements:

a.

The property owner shall comply with all ordinances regarding solid waste disposal and must provide the vehicle access to solid waste collection on the subject property;

b.

The property owner shall require that the vehicle meet all applicable federal, state and local statutes, regulations, laws, ordinances, rules and codes including, but not limited to, applicable land use and zoning requirements regarding the subject property including site plan requirements;

c.

The property owner shall acknowledge that the property owner understands the regulations governing mobile food dispensing vehicles and will be held responsible, along with the vehicle owner, for any code violations; and

d.

The property owner shall ensure that the property will be continuously maintained in a neat, clean, and orderly manner; and

e.

The property owner shall ensure the mobile food dispensing vehicle be limited to operating as a temporary accessory use on the subject property.

(2)

The subject property must be a developed site. The subject property must not be vacant or unimproved.

(3)

No more than one mobile food dispensing vehicle shall be parked or in operation on a single property at any given time, except multiple mobile food dispensing vehicles may be allowed with express written permission of the town during an authorized special event.

(4)

The town council, by resolution, may set a limitation on the number of consecutive days that a mobile food dispensing vehicle may operate at a single location. The resolution shall not apply to the mobile food dispensing vehicles operating pursuant to paragraph (c)(2), (4), and (6). If the mobile food dispensing vehicle operation is allowed as part of a special event permit, said vehicles may operate in accordance with the duration of the special event permit.

(5)

Except with the express written permission of the town during an authorized special event, hours of operation shall be limited between 11:00 a.m. and 5:00 p.m., which hours may be varied by the town council by resolution.

(6)

The person in charge of the mobile food dispensing vehicle when in operation on the developed site must be present at all times during hours of operation.

(7)

When the mobile food dispensing vehicle will be operating on private property, the vehicle must be parked when in operation within an area on the property specifically authorized for accessory temporary outdoor sales on the property owner's site plan previously approved by the town. If the property owner does not have specific site plan approval for accessory temporary outdoor sales on the site plan, the property owner shall be required to obtain supplemental site plan approval pursuant to the site plan amendment review procedure and criteria under section 113-27 of the Town Code before the mobile food dispensing vehicle may operate as an accessory use on the subject property. For purposes of obtaining supplemental site plan approval, the property owner shall submit a site plan or detailed sketch depicting the proposed location of temporary mobile food dispensing vehicle operations; all parking spaces, entrances and exits to and from the site; and distances from any buildings or structures, sidewalks, rights-of-way, fire hydrants, fire lanes and landscaped areas, storm drains, and such other information or documentation deemed by the town to be reasonably necessary to authorize outdoor accessory temporary sales on the subject property in a manner that is compatible with the existing uses on the subject property and the surrounding area and protects the public health, safety, aesthetics, and welfare of the citizens of the town. The supplemental site plan submittal requirements required under this subsection for mobile food dispensing vehicles are in lieu of the site plan amendment submittal requirements under section 113-27, unless major building or infrastructure improvements are being proposed to accommodate the mobile food dispensing vehicles. The approved area must not adversely affect existing uses on the subject property or the flow of pedestrian and vehicular traffic on the developed site. There must be an adequate number of parking spaces available for the general public visiting the developed site. Supplemental site plan approval granted by the town under this subsection is subject to being suspended or revoked pursuant to subsection (e) or at such time the site plan is revoked or modified by the town.

(8)

Outdoor dining areas are prohibited including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters, except if dining areas are allowed with express written permission of the town during an authorized special event.

(9)

Mobile food dispensing vehicles selling or dispensing of food to customers in a moving vehicle or otherwise engaging in drive-up sales is prohibited.

(10)

A mobile food dispensing vehicle shall not be located on private property upon which uncorrected code violations exist, or which is under citation for code violations.

(11)

Mobile food dispensing vehicles and all materials associated with such vehicles must physically be removed from the property at least daily and cannot remain on the subject property outside the approved hours of operation unless otherwise allowed by the town for special events. Overnight parking of mobile food dispensing vehicles is prohibited unless located within an enclosed garage or on property zoned for an authorized open storage use and said storage complies with any applicable storage requirements set forth in the Town Code.

(12)

Mobile food dispensing vehicles shall not sell or dispense alcohol unless specifically approved as part of a special event or other permit approved by the town. The alcohol-related restrictions of chapter 4 of the Town Code are applicable unless otherwise authorized by the town code, or expressly waived by the town.

(13)

The operation of a mobile food dispensing vehicle must not obstruct or interfere with vehicular or pedestrian traffic, building access, fire lanes, crosswalks, driveways, fire hydrants, loading areas, stormwater drainage systems, or landscape buffers associated with the principal use.

(14)

Mobile food dispensing vehicles must not enter or park upon playgrounds, playing fields and courts, sidewalks, footpaths or bicycle paths.

(15)

Mobile food dispensing vehicles must not stand or park upon any "no parking" area, loading zone, driveway, handicapped parking space, or designated public safety lane (e.g., fire lanes) or within 20 feet of a crosswalk or within 15 feet of a fire hydrant or storm drainage structure.

(16)

No additional signage shall be permitted on the developed site related to the mobile food dispensing vehicle except as to signage permanently affixed and displayed on the vehicle.

(17)

Amplified music or other sounds from any mobile food dispensing vehicle or from audio equipment installed on the developed site by the property owner or person in charge of the vehicle is prohibited.

(18)

Mobile food dispensing vehicles shall maintain an appropriate number and size of operable fire extinguishers.

(19)

The operation of a mobile food dispensing vehicles shall not create or cause nuisance conditions to include, but not be limited to, displaying flags or unauthorized signage, loud noises, visual glare, flashing or animated lights, shouting or amplified music or sound, excessive fumes or smoke, environmental hazards, and any vehicular or pedestrian hazard.

(20)

The grounds around the mobile food dispensing vehicle and within the vending space shall be kept free of litter, trash, paper and waste at all times. Waste containers shall be provided by the mobile food dispensing vehicle operator, and all trash shall be taken with the vehicle when the vendor leaves the developed site or the mobile food dispensing vehicle is placed in a garage, or the trash must be placed inside a commercial solid waste dumpster provided by the property owner and in use and located on the developed site.

(21)

Mobile food dispensing vehicles must not discharge waste, fat, oil, grease or such other similar substances from the vehicle. All such substances related to or generated from the vehicle shall be taken with the vehicle when vehicle leaves the subject property and disposed of in accordance with law or local ordinance.

(22)

Mobile food dispensing vehicles shall comply with all applicable federal, state and local laws, rules and regulations including, but not limited to, the standards specified by Chapter 5K-4.002, F.A.C., and the U.S. Food and Drug Administrative 2001 Food Code, as such laws, rules and regulations may be amended from time to time.

(23)

A copy of the appropriate license(s) issued from the Florida Department of Business and Professional Regulation (Division of Hotels and Restaurants) shall be displayed conspicuously to the general public be maintained on the mobile food dispensing vehicle at all times when the vehicle is in operation on real property located within the town, and shall be made available for inspection upon request by the town's law or code enforcement officers.

(24)

Because of the temporary nature of the placement of mobile food dispensing vehicles, the placement of a mobile food dispensing vehicle is exempted from compliance with concurrency management as provided in chapter 105 of this Code.

(e)

Penalties.

(1)

Owners and operators of mobile food dispensing vehicles, and property owners on which such vehicles operate, shall be jointly and severally liable for any violations of this section. The penalty provisions set forth in section 1-9 of the Town Code shall apply to violations of this section.

(2)

In addition to the penalties authorized by subsection (1), the town manager may also suspend or revoke the property owner's site plan approval for accessory temporary outdoor sales and/or special event permit, as may be applicable, upon a finding that a mobile food dispensing vehicle was operating on the subject property in violation of this section. Prior to suspending or revoking the applicable site plan approval and/or special event permit, the town manager shall: (i) Afford the property owner notice of the violation(s) and a reasonable, informal opportunity to be heard regarding the violation(s); (ii) Consider the property owner's past record of compliance with this section and related laws; and (iii) Consider the degree of risk to public health, safety, aesthetics, and welfare arising from the alleged violation(s) in evidence.

(3)

The town manager's decision under subsection (2) shall be rendered in writing and shall be deemed final.

(4)

Any site plan approval or special event permit suspended or revoked pursuant to this subsection shall immediately be void and of no further use and effect to any person. If revoked, the property owner shall be prohibited from seeking subsequent site plan approval for accessory temporary outdoor sales or a special event permit for the subject property for a period of one (1) year from the date of the revocation.

(5)

The operation of a mobile food dispensing vehicle without a valid site plan approval for accessory temporary outdoor sales or special event permit (including if operated during a period of license suspensions or revocation) shall subject the owner of the property and the owner of the vehicle and operator thereof to code enforcement action, civil action, or action as otherwise allowed by state law or the Town Code.

(Ord. No. 2021-05, § 3, 6-3-2021)