Indialantic City Zoning Code
ARTICLE VI
DISTRICT REGULATIONS
Sec. 113-331.- R-1-A Single-Family Residence Districts.
Within R-1-A Single-Family Residence Districts the following regulations shall apply:
(1)
Permitted uses. The following uses only shall be permitted:
a.
Single-family dwellings.
b.
Parish houses.
c.
Essential municipal uses.
d.
Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.
e.
Gardening activities customarily incidental to single-family dwellings.
f.
Satellite dish antenna in the manner specified in section 113-243.
g.
Community residential home (level I facility only) subject to satisfying the standards set forth in section 113-246.
(2)
Accessory buildings, structures and uses.
a.
Accessory buildings, structures and uses customarily incidental to any use permitted by this section shall be allowed.
b.
All accessory buildings and structures located in the rear yard shall be set back not less than four feet from all lot lines. Utility sheds may be placed as permitted by section 113-225 of this Code. On corner lots when the lot abuts two intersecting streets, accessory use structures shall be set back not less than 25 feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five feet from any principal or primary permitted use.
c.
All accessory uses shall meet the requirements of section 113-225.
(3)
Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.
a.
All uses which are not permitted uses.
b.
Vacation rental.
c.
Bed and breakfast facilities.
d.
Medical marijuana treatment center dispensing facility.
(4)
Building height limitation.
a.
The maximum height (see definition, section 113-4) of any building other than an accessory use shall be 30 feet and the building shall not exceed two stories.
b.
The maximum height permitted for an accessory use structure shall be eight feet, if the use is set back at least four feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased 1½ feet to a maximum of 14 feet for each additional one foot that the accessory structure is set back, in excess of four feet, from the rear and side lot lines.
(5)
Lot area. The minimum area of any lot shall be 10,000 square feet.
(6)
Lot dimensions. The minimum dimensions of any lot shall be:
a.
Depth: 100 feet.
b.
Width at building line: 100 feet.
(7)
Front yards. Front yards shall be not less than 25 feet in depth.
(8)
Side yards. Side yards shall be not less than:
a.
Interior lots, ten feet in depth on each side.
b.
Where side yard of a corner lot abuts one of two intersecting streets, 25 feet in depth on the side abutting the street and ten feet in depth on the other side.
(9)
Rear yards. Rear yards shall be not less than 20 feet in depth.
(10)
Living area. The minimum living area of any dwelling shall be at least 1,950 square feet.
(11)
Grading and drainage.Chapter 14, article V applies.
(Code 1962, § 28-90; Code 1993, § 17-121; Ord. No. 142, 10-3-1972; Ord. No. 153, § 1, 6-19-1973; Ord. No. 261, §§ 2, 12, 13, 7-17-1979; Ord. No. 87-4, § 2, 2-17-1987; Ord. No. 92-3, § 2, 1-21-1992; Ord. No. 92-4, § 2, 2-18-1992; Ord. No. 92-13, § 2, 3-16-1993; Ord. No. 95-9, § 6, 7-18-1995; Ord. No. 95-13, § 3, 10-17-1995; Ord. No. 08-01, § 4, 11-20-2007; Ord. No. 17-10, § 2, 5-15-2017; Ord. No. 17-14, § 2, 9-13-2017; Ord. No. 2022-05, § 3, 5-11-2022)
Sec. 113-332. - R-1-B Single-Family Residence Districts.
Within R-1-B Single-Family Residence Districts the following regulations shall apply:
(1)
Permitted uses. The following uses only shall be permitted:
a.
Single-family dwellings.
b.
Parish houses.
c.
Essential municipal uses.
d.
Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.
e.
Gardening activities customarily incidental to single-family dwellings.
f.
Satellite dish antenna in the manner specified in section 113-243.
g.
Community residential home (level I facility only) subject to satisfying the standards set forth in section 113-246.
(2)
Accessory buildings, structures and uses.
a.
Accessory buildings, structures and uses customarily incidental to any use permitted by this section shall be allowed.
b.
All accessory buildings and structures located in the rear yard shall be set back not less than four feet from all lot lines. Utility sheds may be placed as permitted by section 113-225 of this Code. On corner lots when the lot abuts two intersecting streets, accessory use structures shall be set back not less than 25 feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five feet from any principal or primary permitted use.
c.
All accessory uses shall meet the requirements of section 113-225.
(3)
Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.
a.
All uses which are not permitted uses.
b.
Vacation rentals.
c.
Bed and breakfast facilities.
d.
Medical marijuana treatment center dispensing facility.
(4)
Building height limitation.
a.
The maximum height (see definition, section 113-4) of any building other than an accessory use shall be 30 feet and the building shall not exceed two stories.
b.
The maximum height permitted for an accessory use structure shall be eight feet, if the use is set back at least four feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased 1½ feet to a maximum of 14 feet for each additional one foot that the accessory structure is set back, in excess of four feet, from the rear and side lot lines.
(5)
Lot area. The minimum area of any lot shall be 10,000 square feet.
(6)
Lot dimensions. The minimum dimensions of any lot shall be:
a.
Depth: 100 feet.
b.
Width at building line: 100 feet.
(7)
Front yards. Front yards shall be not less than 25 feet in depth.
(8)
Side yards. Side yards shall be not less than:
a.
Interior lots, ten feet in depth on each side; or,
b.
Where side yard of a corner lot abuts one of two intersecting streets, 25 feet in depth on the side abutting the street and ten feet in depth on the other side.
(9)
Rear yards. Rear yards shall be not less than 20 feet in depth.
(10)
Living area. The minimum living area of any dwelling shall be 1,750 square feet.
(11)
Grading and drainage.Chapter 14, article V applies.
(Code 1962, § 28-91; Code 1993, § 17-122; Ord. No. 142, 10-3-1972; Ord. No. 153, § 2, 6-19-1973; Ord. No. 162, § 4, 9-17-1974; Ord. No. 261, §§ 3, 14, 7-17-1979; Ord. No. 87-4, § 3, 2-17-1987; Ord. No. 92-3, § 3, 1-21-1992; Ord. No. 92-4, § 3, 2-18-1992; Ord. No. 92-13, § 3, 3-16-1993; Ord. No. 95-9, § 7, 7-18-1995; Ord. No. 95-13, § 4, 10-17-1995; Ord. No. 08-01, § 5, 11-20-2007; Ord. No. 17-10, § 3, 5-15-2017; Ord. No. 17-14, § 3, 9-13-2017; Ord. No. 2022-05, § 4, 5-11-2022)
Sec. 113-333. - R-2 Duplex Residence Districts.
Within R-2 Duplex Residence Districts the following regulations shall apply:
(1)
Permitted uses. The following uses only shall be permitted:
a.
Single-family dwellings.
b.
Parish houses.
c.
Essential municipal uses.
d.
Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.
e.
Gardening activities customarily incidental to single-family dwellings.
f.
Duplex family living unit.
g.
Satellite dish antenna in the manner specified in section 113-243.
h.
Community residential home (level I or II facilities) subject to satisfying the standards set forth in section 113-246.
(2)
Accessory buildings, structures and uses.
a.
Accessory buildings, structures and uses customarily incidental to any use permitted by this section shall be allowed.
b.
All accessory buildings and structures located in the rear yard shall be set back not less than four feet from all lot lines. Utility sheds may be placed as permitted by section 113-225 of this Code. On corner lots when the lot abuts two intersecting streets, accessory use structures shall be set back not less than 25 feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five feet from any principal or primary permitted use.
c.
All accessory uses shall meet the requirements of section 113-225.
(3)
Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.
a.
All uses which are not permitted uses.
b.
Vacation rentals.
c.
Bed and breakfast facilities.
d.
Medical marijuana treatment center dispensing facility.
(4)
Building height limitation.
a.
The maximum height (see definition, section 113-4) of any building other than an accessory use shall be 30 feet and the building shall not exceed two stories.
b.
The maximum height permitted for an accessory use structure shall be eight feet, if the use is set back at least four feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased 1½ feet to a maximum of 14 feet for each additional one foot that the accessory structure is set back, in excess of four feet, from the rear and side lot lines.
(5)
Lot area. The minimum area of any lot shall be 10,000 square feet.
(6)
Lot dimensions. The minimum dimensions of any lot shall be:
a.
Depth: 100 feet.
b.
Width at building line: 100 feet.
(7)
Front yards. Front yards shall be not less than 25 feet in depth.
(8)
Side yards. Side yards shall be not less than:
a.
Interior lots: ten feet in depth on each side.
b.
Where side yard of a corner lot abuts one of two intersecting streets: 25 feet in depth on the side abutting the street and ten feet in depth on the other side.
(9)
Rear yards. Rear yards shall be not less than 20 feet in depth.
(10)
Living area. The minimum living area of any dwelling shall be:
a.
Single-family units: 1,350 square feet.
b.
Duplexes: 1,000 square feet.
(11)
Parking spaces.Section 113-233 applies.
(12)
Ground covering. In addition to meeting the following requirements, a landscaping plan shall be submitted to the town along with architectural plans:
a.
At least 20 percent of the parcel of land must be devoted to lawn or plants. At least half of the minimum required landscaping must be contained in the front yard area.
b.
A landscape buffer of not less than five feet wide shall be provided between parking areas and near side lines.
c.
A landscape buffer of not less than five feet wide shall be provided along front property line except for ingress and egress areas.
(13)
Density. The maximum density for this zone shall not be greater than 15 units per acre.
(14)
Grading and drainage.Chapter 14, article V applies.
(Code 1962, § 28-92; Code 1993, § 17-123; Ord. No. 142, 10-3-1972; Ord. No. 153, § 1, 6-19-1973; Ord. No. 234, § 1, 3-21-1978; Ord. No. 261, §§ 4, 15, 7-17-1979; Ord. No. 87-4, § 4, 2-17-1987; Ord. No. 92-3, § 4, 1-21-1992; Ord. No. 92-4, § 4, 2-18-1992; Ord. No. 92-13, § 5, 3-16-1993; Ord. No. 95-9, § 8, 7-18-1995; Ord. No. 95-13, § 5, 10-17-1995; Ord. No. 08-01, § 6, 11-20-2007; Ord. No. 17-10, § 4, 5-15-2017; Ord. No. 17-14, § 4, 9-13-2017; Ord. No. 2022-05, § 5, 5-11-2022)
Sec. 113-334. - R-3 Multifamily Residence Districts.
Within R-3 Multifamily Residence Districts the following regulations shall apply:
(1)
Permitted uses. The following uses only shall be permitted:
a.
Single-family dwellings.
b.
Parish houses.
c.
Essential municipal uses.
d.
Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.
e.
Gardening activities customarily incidental to single-family dwellings.
f.
Duplex family living units.
g.
Multiple family living units.
h.
Townhouse residential units subject to the following restrictions.
1.
Density shall be no greater than 15 units per acre.
2.
Lot area for each unit. No townhouse residential unit site shall be less than 2,000 square feet, and each unit shall have its foundation on its individual site, except where the units are separated by a common party wall in which the foundation may be installed equidistant on each side of the lot line for the length of the party wall and its extension along the offset of the townhouses on abutting lots.
3.
No townhouse residential unit shall be smaller than 1,000 square feet.
4.
No townhouse residential unit shall exceed two stories or 30 feet in height.
5.
No townhouse residential unit shall be less than 20 feet in width.
6.
Grouping length. A grouping of townhouse residential units shall not exceed 150 feet in length, and shall not contain more than six units, for each building in the grouping.
7.
Front yards for a townhouse residential unit shall be not less than 25 feet.
8.
Rear yards for a townhouse residential unit shall be not less than 25 feet.
9.
Side yards for a townhouse residential unit shall be not less than 10 feet at each end of the group of townhouses.
10.
For all individual townhouse residential units the building permit for which is issued after April 1, 2024 and which unit is not subject to a condominium form of ownership, said individual townhouse residential unit shall be subject to a plat or replat, the lot lines of which shall be coincident with the boundaries of the individual townhouse residential unit.
i.
Satellite dish antenna in the manner specified in section 113-243.
j.
Community residential home (level I or level II facilities) subject to satisfying the standards set forth in section 113-246.
(2)
Accessory buildings, structures and uses.
a.
Accessory buildings, structures and uses customarily incidental to any use permitted by this section shall be allowed.
b.
All accessory buildings and structures located in the rear yard shall be set back not less than four feet from all lot lines. Utility sheds may be placed as permitted by .
(3)
Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.
a.
All uses which are not permitted uses.
b.
Vacation rentals.
c.
Bed and breakfast facilities.
d.
Medical marijuana treatment center dispensing facility.
(4)
Building height limitation.
a.
The maximum height (see definition, section 113-4) of any building other than an accessory use shall be 30 feet and the building shall not exceed two stories.
b.
The maximum height permitted for an accessory use structure shall be eight feet, if the use is set back at least four feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased 1½ feet to a maximum of 14 feet for each additional one foot that the accessory structure is set back, in excess of four feet, from the rear and side lot lines.
(5)
Lot area. Except as otherwise provided herein, the minimum area of any lot shall be 10,000 square feet.
(6)
Lot dimensions. Except as otherwise provided herein, the minimum dimensions of any lot shall be:
a.
Depth: 100 feet.
b.
Width at building line: 100 feet.
(7)
Front yards. Front yards shall be not less than 25 feet in depth.
(8)
Side yards. Side yards shall be not less than:
a.
Interior lots: ten feet in depth on each side.
b.
Where side yard of a corner lot abuts one of two intersecting streets: 25 feet in depth on the side abutting the street and ten feet in depth on the other side.
(9)
Rear yards. Rear yards shall be not less than 25 feet in depth.
(10)
Living area. The minimum living area of any dwelling shall be:
a.
Single-family units: 1,350 square feet.
b.
Duplexes: 1,000 square feet for each unit.
c.
Apartments (except townhouse residential units): 800 square feet for each unit. For new apartments the building permit for which is issued after April 1, 2024, the square footage shall be a minimum of 1,000 square feet.
(11)
Parking spaces.Section 113-232 applies.
(12)
Ground covering. In addition to meeting the following requirements, a landscape plan shall be submitted to the town along with architectural plans:
a.
At least 20 percent of the parcel of land must be devoted to lawn or plants. At least one-half of the minimum required landscaping must be contained in the front yard area.
b.
A landscape buffer of not less than five feet wide shall be provided between parking areas and near side lines.
c.
A landscape buffer of not less than five feet wide shall be provided along front property line except for ingress and egress areas.
(13)
Density. The maximum density for this zone shall be not greater than 15 units per acre.
(14)
Buffer wall. Where the property abuts property in the R-1-A district, R-1-B district, or R-2 district, a solid wall, six feet high and at least six inches thick, constructed of brick, block, mortar, or similar building materials, and sufficient to obstruct the view of such abutting residential property, shall be provided. The buffer wall shall be placed at the common property line of the R-3 district and the R-1-A district, R-1-B district or R-2 district and shall parallel the length of the common boundary. A wooden fence is strictly prohibited.
(15)
Grading and drainage.Chapter 14, article V applies.
(Code 1962, § 28-93; Code 1993, § 17-124; Ord. No. 142, 10-3-1972; Ord. No. 153, §§ 1, 4, 6-19-1973; Ord. No. 154, § 5, 1-15-1974; Ord. No. 261, §§ 5, 16, 7-17-1979; Ord. No. 81-298, § 3, 8-18-1981; Ord. No. 87-4, § 5, 2-17-1987; Ord. No. 92-3, § 5, 1-21-1992; Ord. No. 92-4, § 5, 2-18-1992; Ord. No. 92-13, § 5, 3-16-1993; Ord. No. 95-9, § 9, 7-18-1995; Ord. No. 95-13, § 6, 10-17-1995; Ord. No. 02-04, § 2, 2-18-2002; Ord. No. 08-01, § 7, 11-20-2007; Ord. No. 15-05, § 1, 8-12-2015; Ord. No. 17-10, § 5, 5-15-2017; Ord. No. 17-14, § 5, 9-13-2017; Ord. No. 2022-05, § 6, 5-11-2022; Ord. No. 2024-03, § 3, 3-13-2024)
Sec. 113-335. - R-P Residential—Professional Districts.
Within R-P Residential—Professional Districts, the following regulations shall apply:
(1)
Permitted uses. The following uses only shall be permitted:
a.
Single-family dwellings.
b.
Parish houses.
c.
Essential municipal uses.
d.
Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.
e.
Gardening activities customarily incidental to single-family dwellings.
f.
Duplex family living units.
g.
Multiple family living units, except townhouse residential units.
h.
Satellite dish antenna in the manner specified in section 113-243.
i.
The professional activities listed below, to the extent that they do not involve the manufacture, preparation, or sale of an article or commodity on or from within the premises except that uses accessory to the principal permitted uses shall be allowed:
1.
Accountants.
2.
Architects.
3.
Attorneys.
4.
Barber shops/beauty salons.
5.
Chiropractors.
6.
Dental labs.
7.
Dentists.
8.
Engineers.
9.
Existing church building.
10.
Insurance brokers.
11.
Optometrists.
12.
Osteopaths.
13.
Physicians.
14.
Real estate brokers.
15.
Consultants to the above.
16.
Professional activities similar and conforming to the standards governing the above and not more detrimental, objectionable, or annoying to the community.
j.
Community residential home (level I or level II facilities) subject to satisfying the standards set forth in section 113-246.
k.
Townhouse residential units subject to the following restrictions:
1.
Lot area for each unit. No townhouse residential unit site shall be less than 2,000 square feet, and each unit shall have its foundation on its individual site, except where the units are separated by a common party wall in which the foundation may be installed equidistant on each side of the lot line for the length of the party wall and its extension along the offset of the townhouses on abutting lots.
2.
No townhouse residential unit shall be smaller than 1,000 square feet.
3.
No townhouse residential unit shall be less than 20 feet in width.
4.
Grouping length. A grouping of townhouses shall not exceed 150 feet in length, and shall not contain more than six units, for each building in the grouping.
5.
Side yards for a townhouse residential unit shall be not less than ten feet at each end of the group of townhouses.
6.
For all individual townhouse residential units the building permit for which is issued after April 1, 2024 and which unit is not subject to a condominium form of ownership, said individual townhouse residential unit shall be subject to a plat or replat, the lot lines of which shall be coincident with the boundaries of the individual townhouse residential unit.
(2)
Standards governing permitted uses. The following standards shall govern uses:
a.
No odor, dust, fumes, gas, smoke or other atmospheric pollutants shall be disseminated beyond the boundaries of the immediate site of the building in which the use is conducted.
b.
Noise level from operations shall be negligible. No noise or vibration resulting from or in connection with the use shall be perceptible from any part of any residence district.
c.
There shall be no glare resulting from or in connection with the use that is observable from outside the boundaries of the R-P residential-professional district.
d.
The vehicular traffic resulting from or in connection with the use shall not add materially to the traffic on streets that primarily serve residence districts.
e.
The use shall not be otherwise detrimental, objectionable, or annoying to the owners or occupants of nearby property.
(3)
Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.
a.
All uses which are not permitted uses.
b.
Vacation rentals.
c.
Bed and breakfast facilities.
d.
Medical marijuana treatment center dispensing facility.
(4)
Building height limitation:
a.
The maximum height (see definition, section 113-4) of any building other than an accessory use shall be 30 feet, and the building shall not exceed two stories.
b.
The maximum height permitted for an accessory use structure shall be eight feet, if the use is set back at least four feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased 1½ feet to a maximum of 14 feet for each additional one foot that the accessory structure is set back, in excess of four feet, from the rear and side lot lines.
(5)
Lot area. Except as otherwise provided herein, the minimum area of any lot shall be 10,000 square feet.
(6)
Lot dimensions. Except as otherwise provided herein for townhouse residential units, the minimum dimensions of any lot shall be:
a.
Depth: 100 feet.
b.
Width at building line: 100 feet.
(7)
Front yards. Front yards shall be not less than 25 feet in depth.
(8)
Side yards. Except as otherwise provided herein for townhouse residential units, side yards shall be not less than:
a.
Interior lots: ten feet in depth on each side;
b.
Where side yard of a corner lot abuts one of two intersecting streets: 25 feet in depth on the side abutting the street and ten feet in depth on the other side.
(9)
Rear yards. Rear yards shall be not less than 20 feet in depth.
(10)
Living and professional use areas.
a.
The minimum living area of any dwelling shall be:
1.
Single-family dwellings: 1,350 square feet.
2.
Duplex dwellings: 800 square feet per unit.
3.
Multifamily dwellings (except townhouse residential units): 800 square feet per unit. For multifamily dwellings subject to a building permit issued after April 1, 2024, the minimum living area shall be 1,000 square feet.
b.
The minimum area for any professional use shall be 1,000 square feet per unit.
(11)
Parking spaces.
a.
All off-street parking facilities shall meet the requirements of section 113-232.
b.
For professional uses, one parking space for every 400 square feet of floor area devoted to such use, excluding storage space, shall be provided.
(12)
Rental use. Renting rooms shall be permitted, provided the area devoted to such use shall not exceed 25 percent of the total area of any dwelling unit.
(13)
Signs. Article V of this chapter applies.
(14)
Buffer wall.
a.
Where the property abuts property in the R-1-A district, R-1-B district, R-2 district, or R-3 district, a solid wall, six feet high and at least six inches thick, constructed of brick, block, mortar, or similar building materials, and sufficient to obstruct the view of such abutting residential property, shall be provided.
b.
The buffer wall shall parallel the length of the common boundary between the subject property located within the R-P district and the R-1-A district, R-1-B district, R-2 district, or R-3 district. The buffer wall shall be placed at the common property line of the R-P district and the R-1-A district, R-1-B district, R-2 district, or R-3 district. A wooden fence is strictly prohibited.
c.
The buffer wall shall be installed when there is a substantial improvement to the R-P zoned property. As used in this section, the term "substantial improvement" means:
1.
A change in the use of a major and material nature. For example, a change from a residential use to a professional office use would constitute a major and material change;
2.
Clearing of an entirely undeveloped property and making use of the property. For example - use of the property as a parking lot;
3.
Demolition of an existing principal structure and construction of a new principal structure for use as a professional office;
4.
An expansion of the floor area of an existing professional office structure by ten percent or more; or
5.
Construction of a professional office structure on undeveloped property.
(15)
Ground covering. In addition to meeting the following requirements, a landscape plan shall be submitted to the town along with architectural plans.
a.
At least 20 percent of the parcel of land must be devoted to lawn or plants. At least one-half of the minimum required landscaping must be contained in the front yard area.
b.
A landscape buffer of not less than two feet wide along the side property lines shall be provided.
(16)
Density. The maximum density for this zone shall be not greater than 15 units per acre.
(17)
Accessory buildings, structure and uses.
a.
Accessory buildings, structures and uses customarily incidental to any use permitted by this section shall be allowed.
b.
All accessory buildings and structures located in the rear yard shall be set back not less than four feet from all lot lines. Utility sheds may be placed as permitted by section 113-225 of this Code. On corner lots when the lot abuts two intersecting streets, accessory use structures shall be set back not less than 25 feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five feet from any principal or primary permitted use.
c.
All accessory uses shall meet the requirements of section 113-225.
(18)
Grading and drainage.Chapter 14, article V applies.
(Code 1962, § 28-94; Code 1993, § 17-125; Ord. No. 142, 10-3-1972; Ord. No. 153, §§ 1, 5, 6-19-1973; Ord. No. 154, § 4, 1-15-1974; Ord. No. 197, § 1, 6-15-1976; Ord. No. 261, §§ 6, 17, 7-17-1979; Ord. No. 81-298, § 4, 8-18-1981; Ord. No. 84-344, § 2, 3-20-1984; Ord. No. 87-4, § 6, 2-17-1987; Ord. No. 87-9, § 3, 8-18-1987; Ord. No. 90-13, § 4, 1-15-1991; Ord. No. 92-3, § 6, 1-21-1992; Ord. No. 92-4, § 6, 2-18-1992; Ord. No. 92-13, § 6, 3-16-1993; Ord. No. 95-9, § 10, 7-18-1995; Ord. No. 95-13, § 7, 10-17-1995; Ord. No. 97-9, § 1, 7-1-1997; Ord. No. 00-05, §§ 1—3, 11-21-2000; Ord. No. 02-04, § 3, 2-18-2002; Ord. No. 08-01, § 8, 11-20-2007; Ord. No. 15-05, § 2, 8-12-2015; Ord. No. 17-10, § 6, 5-15-2017; Ord. No. 17-14, § 6, 9-13-2017; Ord. No. 2022-05, § 7, 5-11-2022; Ord. No. 2024-03, § 4, 3-13-2024)
Sec. 113-336. - C and C-1 Commercial Districts.
Within C and C-1 Commercial Districts, the following regulations shall apply:
(1)
Permitted uses. The following uses only are permitted:
a.
Air conditioning equipment (sales only).
b.
Aquariums and supplies.
c.
Architects.
d.
Arts and crafts.
e.
Attorneys.
f.
Bakeries (retail only).
g.
Banks, trust companies, savings institutions, finance companies and similar financial institutions.
h.
Barber shops.
i.
Beauty salons.
j.
Brokers (securities).
k.
Bridal service and gifts.
l.
Candy shops.
m.
Carpeting.
n.
China and crystal stores.
o.
Chiropractors.
p.
Clothing stores.
q.
Cocktail lounges, package stores and other establishments selling alcoholic beverages, excluding those operated in conjunction with, and/or as part of, a restaurant, motel, hotel, club or lodge. The location shall be at least 750 feet from any presently existing church, public school or other establishment selling alcoholic beverages other than beer or wine. Distance to be determined by the route of walking on public sidewalks or right-of-way and not direct air route, and shall be measured between the main entrances of such facilities as described herein.
r.
Decorators.
s.
Dental labs
t.
Dentists.
u.
Department stores.
v.
Doctors.
w.
Drug stores.
x.
Dry cleaners, class IV.
y.
Dry goods stores.
z.
Electric appliances.
aa.
Electronic sales and service.
bb.
Fabric shops.
cc.
Florists.
dd.
Furniture stores.
ee.
Gift shops (personal and household).
ff.
Glassware.
gg.
Greeting cards.
hh.
Hardware stores.
ii.
Hearing aids and service.
jj.
Heating equipment (sales only).
kk.
Hobby shops.
ll.
Hosiery and lingerie.
mm.
Housewares.
nn.
Insurance offices.
oo.
Jewelry stores.
pp.
Laundries (pickup only).
qq.
Laundromats.
rr.
Massaging equipment.
ss.
Maternity wear.
tt.
Music stores.
uu.
Office supplies.
vv.
Opticians.
ww.
Optometrists.
xx.
Photo finishing and supplies.
yy.
Plastics.
zz.
Real estate.
aaa.
Restaurants (not including drive-in, open-air, barbecue or similar establishments).
bbb.
Service stations subject to the requirements of subsection (2)(i) of this section.
ccc.
Shoe stores, shoe repair.
ddd.
Shopping centers.
eee.
Sportswear and sporting goods.
fff.
Stereo centers.
ggg.
Swimming pool equipment.
hhh.
Tackle, fishing and marina supplies stores.
iii.
Television sales and services.
jjj.
Ten cent stores.
kkk.
Trailer supplies.
lll.
Travel agencies.
mmm.
Commercial or professional uses which conform to the standards governing permitted uses contained in this section, and which are no more detrimental, objectionable or annoying to the welfare of the community, than the uses enumerated in this section.
nnn.
Drive-through restaurant.
ooo.
Tattoo establishment.
(2)
Standards governing permitted uses. The following standards shall govern new uses and changes of existing uses:
a.
No odor, dust, fumes, gas, smoke or other atmospheric pollutants shall be disseminated beyond the boundaries of the immediate site of the building in which the use is conducted.
b.
Noise level from operations shall be negligible. No noise or vibration resulting from or in connection with the use shall be perceptible from any part of any residence district.
c.
There shall be no glare resulting from or in connection with the use that is observable from outside the boundaries of the C Commercial District.
d.
The vehicular traffic resulting from or in connection with the use shall not add materially to the traffic on streets that primarily serve residence districts.
e.
Every use customarily conducted within a building, except for sidewalk sales as authorized by section 28-4 shall be conducted in a building enclosed on all sides with permanent walls, it being the intention of this provision to prohibit open front buildings for any use except as an accessory garden structure.
f.
The use shall not be otherwise detrimental, objectionable, or annoying to the owners or occupants of nearby property.
g.
Buffer wall. Where the property abuts property in the R-1-A district, R-1-B district, R-2 district, R-3 or R-P districts, a solid wall, six feet high and at least six inches thick, constructed of brick, mortar or similar building materials and sufficient to obstruct the view of such abutting residential property, shall be provided. The buffer wall shall be placed at the common property line of the C and C-1 district and the R-1-A district, R-1-B district, R-2 district, R-3 district or R-P district and shall parallel the length of the common boundary. A wooden fence is strictly prohibited.
h.
Drive-through restaurant.
1.
Except as otherwise permitted herein, a drive-through restaurant in the C, C-1, or C-2 zoning districts may only be operated if there is a minimum distance of 2,000 feet measured in a straight line from the nearest points of the restaurant building between an existing drive-through restaurant and the proposed drive-through restaurant.
2.
In the C zoning district, a drive-through restaurant may be operated if there is a minimum distance of 1,300 feet measured along the applicable street or streets center line from the nearest points of the restaurant building between an existing drive-through restaurant and the proposed drive-through restaurant, provided that the following conditions are complied with:
(i)
Any loud speaker system for making orders shall not face any residential zoning districts and shall be pointed away from residential zoning districts. No loud speaker system shall provide amplified music or sound of any type that may be heard outside the limits of the property on which the drive-through restaurant is located.
(ii)
Sale of non-alcoholic beverage requirements.
A.
At least 51 percent of the total gross revenues of the drive-through restaurant must come from the retail sale of non-alcoholic beverages. Prior to site plan review by the town, the property owner or the restaurant operator of the drive-through restaurant, shall provide to the town manager evidence that at least 51 percent or more of all gross revenues for a calendar year, or accounting year of the business, are derived from the sale of non-alcoholic drinks. Said evidence may consist of:
(i)
A certified report showing prior year's history of sales distribution (e.g., annual report to shareholders, annual report to the U.S. Securities and Exchange Commission, report by a certified public accountant, or similar type of report as may be acceptable to the town manager); or
(ii)
An affidavit under penalties of perjury, which affidavit shall be by an official of the drive-through restaurant acceptable to the town.
The aforesaid report or affidavit shall be for a period not older than 780 days.
B.
The town manager may require from time to time similar evidence of compliance with the requirement that at least 51 percent of all gross revenues for a calendar year or accounting year of the business is derived from the sale of non-alcoholic beverages. The certified report or affidavit shall be filed with the town manager within 30 days of the receipt of the request therefor by the property owner or the restaurant operator of the drive-through restaurant. For good cause shown, the town manager may extend the 30 day time period for filing of the report and certification. Failure to substantiate or prove compliance with the requirement that 51 percent or more of all gross revenues for a calendar year, or accounting year of the business, are derived from the sale of non-alcoholic drinks results in the rebuttable presumption that the drive-through restaurant is one described in subsection (2)h.1 of this section.
C.
Because the burden is on the holder of the drive-through restaurant zoning designation to demonstrate compliance with the foregoing requirements of the designation as a drive-through restaurant serving in excess of 51 percent of its gross revenues as non-alcoholic beverages, the report or affidavit required must be kept must be legible and clear and in the English language.
(iii)
Buffering from residentially zoned property.
A.
In addition to the buffer wall required by subsection (2)g of this section, the property upon which the drive-through restaurant is located shall have a ten foot wide landscaped buffer strip along the buffer wall separating the property from any residential zoning district, which shall be continuously maintained by the drive-through restaurant property owner. The landscape strip shall contain trees, and all vegetation shall be a Florida native species that is salt tolerant. Noxious species shall not be permitted. One tree is required for every 50 lineal feet of the landscape buffer strip. A minimum of ten shrubs and 30 ground cover plants shall also be planted for every 40 feet of the buffer wall. Any permitted or required spreading shrub shall be not less than 12 inches in height by 18 inches in width at the time of planting. Installed sizes of trees shall relate to the building height. Building heights up to 25 feet require 12-foot high trees, and building heights between 26 feet and 35 feet require 14-foot-high trees. The buffer strip shall be excavated to 36 inches, and filled with clean fill and topsoil at least to the top of the curb. Manipulation of the grade behind the curbing to create small scale mounding is encouraged. Minimum clearance between trees and light poles is 15 feet for shade trees.
B.
Landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance at least equal to the original installation and shall be mowed or trimmed in a manner and at a frequency so as not to detract from the appearance of the general area. Landscaping shall be maintained to minimize property damage and public safety hazards, including removal of living, dead or decaying plant material, removal of low hanging branches and those obstructing street lighting, and maintenance of clear sight distance standards for traffic. Landscaping shall be maintained in accordance with the following standards:
(i)
Insects, disease. Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy condition;
(ii)
Mulching. Three inches of clean, weed-free, approved organic mulch containing no arsenic products shall be maintained over all areas originally mulched at all times until landscaped area matures to 100 percent coverage; and
(iii)
Irrigation systems. Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system and shall not be installed or operated to overspray onto roads or pedestrian walkways. All landscaped areas shall have an underground irrigation system designed to provide 100 percent coverage with 50 percent overlap. Rain sensors must be continuously maintained by the property owner or occupant in operable condition;
(iv)
Traffic; residential zoning districts. Not more than 25 percent of total daily motor vehicular traffic to or from the drive-through restaurant shall utilize streets within residential zoning districts adjacent to the drive-through restaurant location to ingress or egress from the drive-through restaurant location. The owner/developer of the drive-through restaurant shall develop its site plan to restrict motor vehicular traffic from ingressing or egressing the drive-through restaurant site from utilizing streets within an adjacent residential zoning district in violation of the foregoing restriction. Toward this end, as part of the zoning and planning board review of the site plan, the board may require, at the expense of the applicant, a traffic study to demonstrate the impact of motor vehicular traffic on roadways adjacent to the development site and on adjacent roadways and may require, at the expense of the applicant, traffic diverters or other devices to minimize motor vehicular traffic ingressing or egressing onto streets within an adjacent residential neighborhood. The zoning and planning board as part of the site plan approval process may increase the 25 percent requirement on a case-by-case basis for demonstration of good cause shown that will not decrease the compatibility of the drive-through restaurant with the adjacent residential zoning district.
i.
Service stations/convenience stores with gas pumps. Service stations or convenience stores with gas pumps shall be governed by the following provision:
1.
There shall be a minimum distance of 750 feet between service stations or convenience stores with gas pumps as measured from the nearest property boundary.
2.
Minimum lot size: 40,000 square feet.
3.
Minimum floor area: 300 square feet.
4.
Setbacks for tanks: 50 feet from any lot line, 100 feet from residential zoning districts, and 100 feet from mean or ordinary high-water line of the Indian River Lagoon.
5.
Tank storage must be underground.
6.
Outdoor loud speakers are prohibited.
(3)
Prohibited uses. The following uses are prohibited. Merely because a use is not specifically listed does not mean that the use is not prohibited.
a.
Abattoirs and slaughterhouses.
b.
Automobile seat covers.
c.
Automotive dealers.
d.
Automotive parts and service.
e.
Automotive repair shops.
f.
Awnings, screened enclosures and cabanas.
g.
Billiard parlors, poolrooms and similar places of amusement.
h.
Boat sales, repairs and service.
i.
Bowling alleys.
j.
Bus terminals.
k.
Car washes.
l.
Cemeteries.
m.
Ceramic tile, sales and service.
n.
Commercial garages.
o.
Commercial swimming pools.
p.
Dance halls.
q.
Drive-ins, diners, barbecue stands, open-air restaurants and similar establishments.
r.
Dwellings.
s.
Farm supplies, feed and fertilizer.
t.
Feed distributors.
u.
Fortunetellers, clairvoyants and similar activities.
v.
Heating equipment, installation and maintenance.
w.
Hospitals.
x.
Landscaping.
y.
Loans (short term).
z.
Lumber companies.
aa.
Marine repairs.
bb.
Mobile homes, sales and service.
cc.
Motorcycles, sales and service.
dd.
Nurseries (landscaping).
ee.
Outboard motor service.
ff.
Outdoor amusement devices.
gg.
Outdoor business activities.
hh.
Pawnbrokers.
ii.
Pest control.
jj.
Print shops.
kk.
Septic tank supplies and service.
ll.
Sheet metal.
mm.
Steam laundries.
nn.
Storage or disposal of junk, rags, or other waste material.
oo.
Storage warehouses.
pp.
Tire recapping.
qq.
Tourist camps.
rr.
Undertaking establishments.
ss.
Used car lots.
tt.
Well drilling and equipment.
uu.
Yards for contractors or other construction materials or equipment.
vv.
Other uses which are as detrimental, objectionable or annoying to the welfare of the community as the uses described in this section.
ww.
Any enterprise which is deemed deleterious or harmful to the public health, safety, welfare or morals of this primarily residential town and its adult citizens and children, and which is not in accordance with prevailing contemporary community standards, taking into account federal and state statutes, Constitutional decisions, as well as the respective Constitutions themselves; including, but not limited to, by way of example only, adult book stores, massage parlors and nudie shows.
xx.
Vacation rentals.
yy.
Bed and breakfast facilities.
zz.
Medical marijuana treatment center dispensing facility.
aaa.
All uses which are not permitted uses.
(4)
C-l Commercial Districts. There shall be established on the zoning map of the town a commercial district designated as C-1 which will have the same permitted uses and be subject to the same prohibited uses as provided for C Commercial Districts except that such area shall be subject to the following additional prohibited uses:
a.
Liquor stores.
b.
Cocktail lounges or bars.
c.
Service stations.
d.
Laundromats.
e.
Trailer supplies.
(5)
Grading and drainage.Chapter 14, article V applies.
(6)
Lot area. The minimum area of any lot shall be 5,000 square feet.
(7)
Side yards. No side yards are required between adjoining commercial properties; however, side yards on corner lots require a side setback of 15 feet from the side street.
(8)
Setbacks.
a.
All commercial buildings on Fifth Avenue shall be set back 15 feet from the street right-of-way lines.
b.
All buildings on lots facing or bordering on Fourth Avenue and Sixth Avenue shall be set back 25 feet from the street right-of-way line.
c.
All buildings on lots facing or adjacent to residential districts shall be set back 25 feet from the nearest point of the residential district.
(9)
Repealed.
(10)
Access control.
a.
A point or points of 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 inspector.
d.
Any parking areas which have access to Miramar Avenue, Fifth Avenue, or Riverside Drive shall have a curb not less than six inches high nor less than six inches wide separating such parking areas from such adjacent roadways and their sidewalks if any.
(11)
Off-street parking.
a.
A minimum of two off-street parking places shall be provided for the first 400 square feet per each commercial building, excluding storage space, plus one parking space for each additional 400 square feet of floor space, excluding storage space. Restaurants, bars, and lounges, all must have at least one space for each three seats.
b.
All off-street parking areas shall meet the requirements of section 113-232(b).
(12)
Signs.Section 113-301 applies.
(13)
Building height limitation. The maximum height (see definition, section 113-4) of any building shall be 35 feet and the building shall not exceed three stories.
(14)
Architectural design.
a.
All new construction after March 1, 1972, must follow a distinctive and tasteful architectural period theme. (For example, Early American, Colonial, Mediterranean, Old English, Contemporary, etc.) The theme must be compatible with existing community architecture.
b.
Landscaping shall be five percent of total lot area. Attention must be given to provide some minimum landscaping in the front setback area.
c.
Architectural treatment compatible with period theme must be given to all storefront windows. Exposed untreated masonry or stucco walls should be avoided.
d.
Designs of signs must also be compatible with the period theme.
e.
A site plan must be submitted to and approved by the zoning board in accordance with section 113-27.
(15)
Accessory buildings and uses permitted in C and C-1 districts. Satellite dish antenna in the manner specified in section 113-243.
(Code 1962, § 28-95; Code 1993, § 17-126; Ord. No. 142, 10-3-1972; Ord. No. 149, § 1, 3-20-1973; Ord. No. 211, § 1, 4-19-1977; Ord. No. 234, § 2, 3-21-1978; Ord. No. 250, § 1, 3-20-1979; Ord. No. 261, § 7, 7-17-1979; Ord. No. 83-336, §§ 1, 2, 10-18-1983; Ord. No. 85-19, § 1, 8-20-1985; Ord. No. 85-20, § 1, 8-20-1985; Ord. No. 86-6, 8-18-1987; Ord. No. 88-9, § 1, 6-28-1988; Ord. No. 89-2, §§ 1, 3, 5, 1-17-1989; Ord. No. 90-13, § 5, 1-15-1991; Ord. No. 92-3, § 7, 1-21-1992; Ord. No. 93-4, § 3, 6-15-1993; Ord. No. 94-7, § 5, 1-18-1994; Ord. No. 00-05, § 4, 11-21-2000; Ord. No. 02-04, § 4, 2-18-2002; Ord. No. 08-01, § 9, 11-20-2007; Ord. No. 15-05, § 3, 8-12-2015; Ord. No. 17-10, § 7, 5-15-2017; Ord. No. 17-11, § 3, 7-17-2017; Ord. No. 17-14, § 7, 9-13-2017; Ord. No. 2019-09, § 1, 8-7-2019)
Sec. 113-337. - T Tourist Districts.
Within T Tourist Districts, the following regulations shall apply:
(1)
Permitted uses. The following uses only shall be permitted, subject to prior review and approval of plans by the zoning board:
a.
Uses permitted in R-P residential—professional districts.
b.
Any multiple-living unit, hotels, motels. Hotels or motels must contain not less than ten rental units.
c.
Hotels and motels of not less than ten rental units are permitted to have related service activities such as restaurants or shops, provided such uses are situated on and are part of the hotel or motel building and that the sale of alcoholic beverages shall conform to the provisions of this code. Total floor area devoted to shops operated within a hotel or motel building shall be no greater than 1,000 square feet. There shall be no more than three such establishments per hotel or motel.
d.
Clubs.
e.
Lodges.
f.
Bed and breakfast facilities.
g.
Vacation rentals.
h.
Townhouse residential units, subject to the following restrictions.
1.
Density shall be no greater than 20 units per acre.
2.
Lot area for each unit. No townhouse residential unit site shall be less than 2,000 square feet, and each unit shall have its foundation on its individual site, except where the units are separated by a common party wall in which the foundation may be installed equidistant on each side of the lot line for the length of the party wall and its extension along the offset of the townhouses on abutting lots.
3.
No townhouse residential unit shall be smaller than 1,000 square feet.
4.
No townhouse residential unit shall exceed three stories or 35 feet in height.
5.
No townhouse residential unit shall be less than 20 feet in width.
6.
Grouping length. A grouping of townhouses shall not exceed 150 feet in length, and shall not contain more than six units, for each building in the grouping.
7.
Front yards for a townhouse residential unit shall be not less than 25 feet.
8.
Rear yards for a townhouse residential unit shall be not less than 25 feet.
9.
Side yards for a townhouse residential unit shall be not less than ten feet at each end of the group of townhouses.
10.
For all individual townhouse residential units the building permit for which is issued after April 1, 2024 and which unit is not subject to a condominium form of ownership, said individual townhouse residential unit shall be subject to a plat or replat, the lot lines of which shall be coincident with the boundaries of the individual townhouse residential unit.
(2)
Accessory buildings and uses.
a.
Accessory buildings and uses customarily incidental to any use permitted by this section shall be allowed.
b.
Where a parcel of land is developed with more than one building, buildings will be spaced by at least 20 feet between outside walls.
c.
All accessory buildings shall be located in the rear yard and set back not less than four feet from all lot lines.
d.
Satellite dish antenna in the manner specified in section 113-243.
(3)
Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.
a.
All uses which are not permitted uses.
b.
Medical marijuana treatment center dispensing facility.
(4)
Lot area. Except as otherwise provided herein, the minimum area of any lot shall be 10,000 square feet.
(5)
Lot dimensions. Except as otherwise provided herein, the minimum dimensions of any lot shall be:
a.
Depth: 90 feet.
b.
Width: 100 feet.
(6)
Front yards. Front yards shall be not less than 25 feet in depth.
(7)
Side yards. Except as otherwise provided herein, side yards on interior lots shall be not less than ten feet in depth on each side. Side yards on corner lots shall be not less than 20 feet on the street side.
(8)
Rear yards. Except as otherwise provided herein, rear yards shall be not less than 15 feet in depth.
(9)
Living area. The minimum living area of any dwelling shall be:
a.
Motels: 300 square feet per unit.
b.
Apartments (construction commenced or building permit issued prior to October 1, 2007): 500 square feet per unit.
c.
Condominiums/apartments/vacation rentals (except townhouse residential units): 1,000 square feet per unit.
d.
Bed and breakfast facilities: 200 square feet per dwelling room or suite, which may include a bathroom, with at least one common area for the use of guests from all dwelling rooms or suites only.
(10)
Parking spaces.
a.
There shall be provided off-street parking for each living or rental unit as designated in each of the following categories:
1.
Hotels, motels: One space per unit.
2.
Duplexes and apartment houses with rental units: 1½ spaces per unit.
3.
Separately and/or privately owned apartments, triplexes, condominiums, vacation rentals, or co-op apartments: Two spaces per unit.
4.
Restaurants and lounges will be required to meet an additional parking requirement of one parking space for every five seats.
5.
Bed and breakfast facility: one space per unit (dwelling room).
b.
All off-street parking areas shall meet the requirements of section 113-232(b).
(11)
Advertising signs.Section 113-301 applies.
(12)
Floor area ratio. The floor area ratio is defined as the gross floor area of a building on a lot or parcel, divided by the total area of the lot or parcel. The maximum floor area of buildings or structures erected after April 1, 1971, in a T district shall be determined by a floor area ratio of 2.0.
(13)
Ground covering. In addition to meeting the following requirements, a landscape plan shall be submitted along with architectural plans.
a.
At least 20 percent of the parcel of land must be devoted to lawn or plants.
b.
A landscape buffer of not less than five feet wide shall be provided between parking areas and near side lines.
c.
A landscape buffer of not less than five feet wide shall be provided along front property line except for ingress and egress areas.
(14)
Building height limitation. The maximum height (see definition, section 113-4) of any building shall be 35 feet and the building shall not exceed three stories.
(15)
Density. The maximum density for this district shall be not greater than 25 units per acre for motels and not greater than 20 units per acre for all other multifamily uses.
(16)
Oceanfront setbacks. All buildings must be set back not less than 25 feet from the bluff line or not less than 50 feet of the mean high-water line along the Atlantic Ocean (see section 113-220), whichever is greater.
(17)
Breezeways. A minimum 30 percent breezeway will be maintained on all property in the tourist zone. The term "breezeway" means a clear, open vertical area free of construction or buildings running from the ocean to Highway A1A. The 30 percent calculation is measured on a line parallel to Highway A1A to include the percentage of open distance (breezeway) from the building 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.
(18)
Grading and drainage.Chapter 14, article V applies.
(Code 1962, § 28-96; Code 1993, § 17-127; Ord. No. 142, 10-3-1972; Ord. No. 149, § 2, 3-20-1973; Ord. No. 151, § 3, 5-1-1973; Ord. No. 153, § 1, 6-19-1973; Ord. No. 154, §§ 1—3, 1-15-1974; Ord. No. 261, §§ 8, 18, 7-17-1979; Ord. No. 87-4, § 8, 2-17-1987; Ord. No. 87-9, § 5, 8-18-1987; Ord. No. 90-13, § 6, 1-15-1991; Ord. No. 92-3, § 8, 1-21-1992; Ord. No. 95-1, § 3, 11-30-1994; Ord. No. 03-05, § 2, 3-18-2003; Ord. No. 08-01, § 10, 11-20-2007; Ord. No. 15-05, § 4, 8-12-2015; Ord. No. 17-10, § 8, 5-15-2017; Ord. No. 17-14, § 8, 9-13-2017; Ord. No. 2024-03, § 5, 3-13-2024)
Sec. 113-338. - CH Church Districts.
(a)
Intent. The provisions applicable to this district are intended to apply to an area which can serve the needs of the community for public and semi-public facilities of an educational, religious, recreational, or cultural nature. Within the CH Church District, the regulations in this section shall apply.
(b)
Permitted uses. The following uses only shall be permitted within this district:
(1)
House of worship or church.
(2)
Parish house.
(3)
Church-related uses, such as pre-school or nursery schools and child care facilities.
(4)
Recreational uses, including only open spaces, parks, and playgrounds.
(c)
Accessory buildings and uses. All accessory uses shall meet the requirements of section 113-225. The following accessory uses are permitted:
(1)
Satellite dish antenna in the manner specified in section 113-243.
(2)
Accessory ecclesiastical buildings.
(3)
Meeting rooms.
(4)
Parking areas.
(5)
Any other accessory use of one or more of the principal uses clearly incidental to the principal permitted use and in keeping with the character of the zoning district.
(6)
Mobile food dispensing vehicles consistent with section 113-251 of this Code.
(d)
Prohibited uses. The following are specifically prohibited uses.
(1)
Vacation rentals.
(2)
Bed and breakfast facilities.
(3)
Medical marijuana treatment center dispensing facilities.
(4)
Any use which is not specifically or provisionally permitted by this section.
(e)
Building height limitation.
(1)
The maximum height (see definition, section 113-4) of any building other than an accessory use shall be 35 feet, and the building shall not exceed two stories.
(2)
The maximum height permitted for an accessory use structure shall be eight feet, if the use is set back at least four feet from the rear and side lot lines. The maximum permitted height for an accessory use structure shall be increased 1½ feet to a maximum of 14 feet for each additional one foot that the accessory structure is set back, in excess of four feet, from the rear and side lot lines.
(f)
Lot area. The minimum area of any lot shall be 10,000 square feet.
(g)
Lot dimensions. The minimum dimensions of any lot shall be:
(1)
Depth: 100 feet.
(2)
Width at building line: 100 feet.
(h)
Front yards. Front yards shall be not less than 25 feet in depth.
(i)
Side yards. Side yards shall be not less than:
(1)
Interior lots: ten feet in depth on each side;
(2)
Where the side yard of a corner lot abuts one of two intersecting streets: 25 feet in depth on the side abutting the street and ten feet in depth on the other side.
(j)
Rear yards.
(1)
Rear yards shall be not less than 20 feet in depth.
(2)
All accessory buildings shall be located in the rear yard and set back not less than four feet from all lot lines. On corner lots when the lot abuts two intersecting streets, accessory use structures shall be set back not less than 14 feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five feet from any principal or primary permitted use.
(k)
Use areas. The minimum area for any principal permitted use shall be 1,000 square feet per unit.
(l)
Parking spaces.
(1)
All off-street parking facilities shall meet the requirements of sections 113-223 and 113-232.
(2)
For governmental uses, one parking space for every 400 square feet of floor area devoted to such use, excluding storage space, shall be provided.
(m)
Signs. Signage as permitted for the CH and R-P zoning districts as set forth in section 113-30 et seq., shall be permitted. All other signage is prohibited.
(n)
Buffer wall.
(1)
Where the property abuts property in the R-1-A district, R-1-B district, R-2 district, or R-3 district, a solid wall, six feet high and at least six inches thick, constructed of brick, block, mortar, or similar building materials, and sufficient to obstruct the view of such abutting residential property, shall be provided. A wooden fence is strictly prohibited.
(2)
The buffer wall shall parallel the length of the common boundary between the subject property located within the CH district and the R-1-A district, R-1-B district, R-2 district, or R-3 district. The buffer wall shall be placed at the common property line of the CH district and the R-1-A district, R-1-B district, R-2 district, or R-3 district.
(3)
The buffer wall shall be installed when there is a substantial improvement to the CH zoned property. As used in this section, the term "substantial improvement" means:
a.
A change in the use of an existing structure of a major and material nature. For example, a change from a residential use to a house of worship, educational, or governmental use would constitute a major and material change;
b.
Clearing of an entirely undeveloped property and using the property as a parking lot;
c.
Demolition of an existing principal structure and construction of a new principal structure for use as a house of worship or related or accessory use;
d.
A major and material renovation of an existing principal structure, provided that the structure is to be used for educational, or house of worship purposes;
e.
An expansion of the floor area of an existing professional office structure by ten percent or more.
(o)
Ground covering. In addition to meeting the following requirements, a landscape plan shall be submitted to the town along with architectural plans:
(1)
At least 20 percent of the parcel of land must be devoted to lawn or plants. At least one-half of the minimum required landscaping must be contained in the front yard area.
(2)
A landscape buffer of not less than two feet wide along the side property lines shall be provided.
(p)
Grading and drainage. Grading and drainage shall be constructed, maintained, and operated pursuant to the requirements of chapter 14, article V.
(Code 1962, § 28-97; Code 1993, § 17-128; Ord. No. 142, 10-3-1972; Ord. No. 162, § 1, 9-17-1974; Ord. No. 92-3, § 9, 1-21-1992; Ord. No. 99-1, § 1, 1-19-1999; Ord. No. 02-04, § 5, 2-18-2002; Ord. No. 08-01, § 11, 11-20-2007; Ord. No. 15-05, § 5, 8-12-2015; Ord. No. 17-14, § 9, 9-13-2017; Ord. No. 2021-05, § 4, 6-3-2021)
Sec. 113-339. - SC Shopping Center Districts.
Within SC Shopping Center Districts, the following regulations shall apply:
(1)
Permitted uses. All uses permitted in C districts.
(2)
Standards governing permitted uses. The same standards as provided for in the C district shall apply, except as provided in this subsection for drive-through restaurants. A drive-through restaurant of any type in the SC zoning district may only be operated if there is a minimum distance of 2,000 feet measured by a straight line from the nearest points of the restaurant building between an existing restaurant and the proposed drive-through restaurant.
(3)
Prohibited uses. The same as prohibited in C districts, including, but not limited to:
a.
Medical marijuana treatment center dispensing facility.
b.
All uses which are not permitted uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.
(4)
Grading and drainage plans. The same as provided for in C districts.
(5)
Lot area. The minimum area for any SC zoning shall be not less than five contiguous acres.
(6)
Side yards. The same as in C districts.
(7)
Setbacks.
a.
All buildings shall be set back 40 feet from the principal front road right-of-way line.
b.
The shopping center shall have a 20 foot minimum rear access road, either private or public.
(8)
Buffer wall. The same as provided for in C districts. Buffer area shall not include area fronting on a principal road.
(9)
Access control. The same as provided for in C districts.
(10)
Off-street parking. The surface of the off-street parking areas shall be covered with a hard-surface coating such as asphalt or concrete. All off-street parking facilities shall meet all other requirements of section 113-232(b).
(11)
Signs.Section 113-301(a), (b), (c) and (d)(1) apply. Section 113-305(6)(g) also applies, with the words "… nor shall any sign exceed the height of the roof line." added to the end thereof.
a.
Signs attached to or painted on the windows and doors of the individual businesses will not exceed 25 percent of total door or window area.
b.
One detached sign will be permitted for each shopping center. The actual sign area shall not exceed ten feet in height and 15 feet in width. The supporting structure for the sign shall not exceed 30 feet in height and 20 feet in width.
c.
Signs overhanging sidewalks or walkways will not be so long as to extend beyond the roof overhang and of sufficient height to preclude any hazard to pedestrians.
(12)
Accessory buildings and uses.
a.
Satellite dish antennae in the manner specified in section 113-243.
b.
Mobile food dispensing vehicles consistent with section 113-251 of this Code.
(Code 1962, § 28-98; Code 1993, § 17-130; Ord. No. 142, 10-3-1972; Ord. No. 221, § 1, 1-17-1978; Ord. No. 87-9, § 6, 8-18-1987; Ord. No. 90-13, § 7, 1-15-1991; Ord. No. 92-3, § 10, 1-21-1992; Ord. No. 17-10, § 10, 5-15-2017; Ord. No. 17-14, § 10, 9-13-2017; Ord. No. 2019-09, § 2, 8-7-2019; Ord. No. 2021-05, § 5, 6-3-2021)
Sec. 113-340. - C-2 Commercial Districts.
Within C-2 Commercial Districts, the following regulations shall apply:
(1)
Permitted uses. The following uses only are permitted:
a.
Accountants.
b.
Architects.
c.
Attorneys.
d.
Aquariums and supplies.
e.
Arts and crafts.
f.
Bakeries (retail only).
g.
Beach equipment rentals.
h.
Candy shops.
i.
China and crystal stores.
j.
Clothing stores.
k.
Cocktail lounges and bars in conjunction with a restaurant wherein the primary business shall be the service of food. The location shall be at least 750 feet from any presently existing church or public school. Distance to be determined by the route of walking on public sidewalks or right-of-way and not direct air route, and shall be measured between the main entrances of such facilities as described herein.
l.
Decorators.
m.
Dentists.
n.
Department stores.
o.
Drive-through restaurants.
p.
Drug stores.
q.
Dry goods stores.
r.
Reserved.
s.
Fabric shops.
t.
Florists.
u.
Gift shops (personal and household).
v.
Greeting cards.
w.
Hobby shops.
x.
Hosiery and lingerie.
y.
Housewares.
z.
Ice cream and yogurt shops.
aa.
Insurance offices.
bb.
Jewelry stores.
cc.
Maternity wear.
dd.
Music stores.
ee.
Opticians.
ff.
Optometrists.
gg.
Photo finishing and supplies.
hh.
Physicians.
ii.
Real estate brokers.
jj.
Restaurants (not including drive-in, open-air, barbecue or similar establishments).
kk.
Sandwich shops.
ll.
Shoe stores.
mm.
Sportswear and sporting goods.
nn.
Travel agencies.
oo.
Commercial or professional uses which conform to the standards governing permitted uses contained in this section, and which are no more detrimental, objectionable or annoying to the welfare of the community, than the uses enumerated in this section.
(2)
Standards governing permitted uses. The following standards shall govern new uses and changes of existing uses:
a.
No odor, dust, fumes, gas, smoke or other atmospheric pollutants shall be disseminated beyond the boundaries of the immediate site of the building in which the use is conducted.
b.
Noise level from all operations shall be negligible. No noise or vibration resulting from or in connection with the use shall be perceptible from any part of any residential district.
c.
There shall be no glare resulting from or in connection with the use that is observable from outside the boundaries of the C-2 commercial district.
d.
The vehicular traffic resulting from or in connection with the use shall not add materially to the traffic on the streets that primarily serve residence districts.
e.
Every use customarily conducted within a building shall be conducted in a building enclosed on all sides with permanent walls, except for sidewalk sales as authorized by section 28-4.
f.
The use shall not be otherwise detrimental, objectionable, or annoying to the owners or occupants of nearby property.
g.
Buffer wall. Where the property abuts property in the R-1-A district, R-1-B district, R-2 district, R-3 district or R-P districts, a solid wall, six feet high and at least six inches thick, constructed of brick, mortar or similar building materials and sufficient to obstruct the view of such abutting residential property, shall be provided. The buffer wall shall be placed at the common property line of the R-1-A district, R-1-B district, R-2 district, R-3 district or R-P district. A wooden fence is strictly prohibited.
h.
A drive-through restaurant of any type may only be operated in the C-2 zoning district if there is a minimum distance of 2,000 feet measured by a straight line from the nearest points of the restaurant building between an existing drive-through restaurant and the proposed drive-through restaurant.
(3)
Prohibited uses. The following uses are prohibited:
a.
Abattoirs and slaughterhouses.
b.
Air conditioning equipment sales and service.
c.
Automobile seat covers.
d.
Automotive dealers.
e.
Automotive parts and service.
f.
Awnings, screened porches and enclosures.
g.
Banks.
h.
Barber shops.
i.
Beauty shops.
j.
Billiard parlors, poolrooms and similar places of amusement.
k.
Boat sales, repairs and service.
l.
Bowling alleys.
m.
Bridal service and gifts.
n.
Brokers.
o.
Bus terminals.
p.
Carpeting.
q.
Car washes.
r.
Cemeteries.
s.
Ceramic tile, sales and service.
t.
Churches.
u.
Cocktail lounges, package stores and other establishments selling alcoholic beverages, excluding those operated in conjunction with, and/or as part of, a restaurant.
v.
Commercial garages.
w.
Commercial swimming pools.
x.
Convenience stores.
y.
Dance halls.
z.
Drive-in restaurants, barbecue stands, open-air restaurants and similar establishments.
aa.
Dry cleaners.
bb.
Dwellings
cc.
Electrical appliances.
dd.
Electronics sales and service.
ee.
Farm supplies, feed and fertilizer.
ff.
Feed distributors.
gg.
Fishing bait (live).
hh.
Fortunetellers, clairvoyants and similar activities.
ii.
Furniture stores.
jj.
Glassware.
kk.
Hardware stores.
ll.
Hearing aids and service.
mm.
Heating equipment.
nn.
Hospitals.
oo.
Hotels, motels and lodges.
pp.
Landscaping.
qq.
Laundries and laundromats.
rr.
Loan offices.
ss.
Lumber companies.
tt.
Massage equipment.
uu.
Marine repairs.
vv.
Medical marijuana treatment center dispensing facilities.
ww.
Mobile homes, sales and service.
xx.
Motorcycles, sales and service.
yy.
Nurseries (landscaping).
zz.
Outboard motor service.
aaa.
Outdoor amusement devices.
bbb.
Outdoor business activities.
ccc.
Pawnbrokers.
ddd.
Pest control.
eee.
Plastics manufacturing and/or distribution.
fff.
Print shops.
ggg.
Septic tank supplies and service.
hhh.
Service stations.
iii.
Shopping centers.
jjj.
Steam laundries.
kkk.
Stereo centers.
lll.
Storage or disposal of junk, rags, or other waste material.
mmm.
Storage warehouses.
nnn.
Swimming pools.
ooo.
Television sales and services.
ppp.
Ten cent stores.
qqq.
Tire recapping.
rrr.
Tourist camps.
sss.
Undertaking establishments.
ttt.
Used car lots.
uuu.
Well drilling and equipment.
vvv.
Yards for contractors or other construction materials and equipment.
www.
Other uses which are as detrimental, objectionable or annoying to the welfare of the community as the uses described in this section.
xxx.
Any use which is deemed deleterious or harmful to the public health, safety, welfare or morals of this primarily residential town and its adult citizens and children, and which is not in accordance with prevailing contemporary community standards, taking into account federal and state statutes, Constitutional decisions, as well as the respective constitutions themselves; including, but not limited to, by way of example only, adult book stores, massage parlors and nudie shows.
yyy.
Vacation rentals.
zzz.
Bed and breakfast facilities.
aaaa.
All uses which are not permitted uses.
(4)
Grading and drainage plans.Chapter 14, article V applies.
(5)
Lot area. The minimum area of any lot shall be 5,000 square feet.
(6)
Side yards. No side yards are required between adjoining commercial properties; however, side yards on corner lots require a side setback of 15 feet from the side street.
(7)
Setbacks:
a.
All commercial buildings on Fifth Avenue shall be set back 15 feet from the right-of-way line.
b.
All building on lots facing or bordering on either Fourth Avenue or Sixth Avenue shall be set back 25 feet from the right-of-way line.
c.
All buildings on lots facing or adjacent to residential districts shall be set back 25 feet from the nearest point of the residential district.
(8)
Access control.
a.
A point or points of driveway, or other opening for vehicles onto a public street, shall be acted upon in each case by the zoning and planning 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 public works director.
d.
Parking areas located entirely upon private property shall have a curb not less than six inches high and not less than six inches wide separating such parking area from the adjacent sidewalk or roadway.
(9)
Parking.
a.
Each business identity in this C-2 district must maintain, as the required minimum of off-street parking spaces, the following:
1.
A minimum of two off-street parking spaces shall be provided for the first 500 square feet per each commercial building, excluding storage space, plus one parking space for each additional 500 square feet of floor space, excluding storage space. Bars and lounges must have at least one space for each four seats. Restaurants (not including drive-ins, open-air, barbecue or similar establishments) must have at least one space for each eight seats.
2.
All off-street parking facilities shall meet the requirements of section 113-232(b).
b.
Notwithstanding anything to the contrary hereinabove, those establishments in existence as of March 1,1986 within this district, which are only permitted as a result of division 5 of this article entitled nonconforming uses (or their successors in interest), may continue in business so long as the provisions of said division 5 of this article (with the exception of the deadlines imposed by section 113-143 which are hereby repealed as to said businesses) are otherwise complied with in all respects.
c.
The following lots are in the above category and each and every one of the said lots must continue (subject to the provisions of subsection (4) of this section) to maintain the listed number of off-street parking spaces as well:
d.
Should any of the above buildings situated on the lots, or the lots themselves, come under the provisions of the aforementioned division 5 of this article, sections 113-142 through 113-147 with the exception of section 113-143, as aforesaid, thereby requiring conformity with this code as per section 113-141, then all requirements of this district must be complied with in all respects because subsection (2) of this section would no longer be applicable to the situation.
e.
All on-street parking within the district shall be metered except for the handicap, expressly repealing Ordinance No. 82-316.
(10)
Signs. Article V of this chapter applies.
(11)
Building height limitation. The maximum height (see definition, section 113-4) of any building shall be 35 feet and the building shall not exceed three stories.
(12)
Landscaping. Landscaping shall be five percent of the total lot area. Attention must be given to provide attractive landscaping in any setback area visible from public right-of-way.
(13)
Site plan. A site plan must be submitted to and approved by the zoning and planning board in accordance with section 113-27.
(14)
Accessory buildings and uses. Satellite dish antenna in the manner specified in section 113-243.
(Code 1993, § 17-131; Ord. No. 86-11, § 1, 4-15-1986; Ord. No. 87-4, § 9, 2-17-1987; Ord. No. 87-9, § 7, 8-18-1987; Ord. No. 89-2, §§ 2, 4, 6, 1-17-1989; Ord. No. 90-13, § 8, 1-15-1991; Ord. No. 92-3, § 11, 1-21-1992; Ord. No. 94-7, § 6, 1-18-1994; Ord. No. 02-04, § 7, 2-18-2002; Ord. No. 05-08, §§ 1, 2, 3-15-2005; Ord. No. 08-01, § 13, 11-20-2007; Ord. No. 15-05, § 6, 8-12-2015; Ord. No. 17-10, § 11, 5-15-2017; Ord. No. 17-14, § 11, 9-13-2017; Ord. No. 2019-01, §§ 2, 3, 2-13-2019; Ord. No. 2019-09, § 3, 8-7-2019)