The provisions of this district are intended to apply to an area of low-density, single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(1)

Principal uses and structures: Single-family dwellings equipped with two-car garages.

(2)

Accessory uses and structures: Uses and structures clearly incidental and subordinate to the principal use, including patio, private dock, swimming pool, and toolhouse.

(3)

Conditional land uses permissible by city council: When, after review of an application and plans concerning a conditional land use and after a public hearing before the planning and zoning board, at which time criteria shall be presented to demonstrate that said uses are compatible with the general land use plan and the public interest, the following uses may be permitted only after a special ordinance granting permission for said use has been passed and adopted by the city council:

(A)

Golf, tennis, and yacht clubs, and similar private recreation facilities.

(B)

Churches.

(4)

Special exceptions permissible by the zoning board of appeals: None.

(5)

Prohibited uses: All uses not specifically or provisionally permitted herein. Arcades and electronic gaming establishments are specifically prohibited.

(6)

Minimum lot dimensions and floor area and maximum height:

(7)

Maximum yard requirements:

(8)

Maximum living area requirement: On lots having an area of 0.75 acres or less, the maximum living area shall not exceed 5,000 square feet; provided, however, that second-floor living area can be added to an existing one story single-family dwelling without regard to the said maximum area if:

(i)

The second floor living area does not exceed the first floor area;

(ii)

The second floor living area is entirely within an upward extension of the exterior walls of the existing first floor area; and

(iii)

The maximum height limitations are not exceeded.

(Ord. No. 98-2, § 3, 7-28-98; Ord. No. 2011-4, § 4, 10-25-11)

The provisions of this district are intended to apply to an area of low-density, single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(1)

Principal uses and structures: Single-family dwellings equipped with garages.

(2)

Accessory uses and structures: Structures clearly incidental and subordinate to the principal use, including patio, private dock, swimming pool, and toolhouse.

(3)

Conditional land uses permissible by city council:

(A)

Golf, tennis, and yacht clubs, and similar private recreation facilities.

(B)

Churches.

(4)

Special exceptions permissible by the zoning board of appeals: None.

(5)

Prohibited uses: All other uses not specifically or provisionally permitted herein. Arcades and electronic gaming establishments are specifically prohibited.

(6)

Minimum lot dimensions and floor area and maximum height:

(7)

Minimum yard requirements:

(8)

Maximum living area: 4,000 square feet.

(Ord. No. 98-2, § 4, 7-28-98; Ord. No. 2011-4, § 4, 10-25-11)

The provisions of this district are intended to apply to an area of low-density, single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(1)

Principal uses and structures: Single-family dwellings equipped with garages.

(2)

Accessory uses and structures: Structures clearly incidental and subordinate to the principal use, including patio, private dock, swimming pool, and toolhouse.

(3)

Conditional land uses permissible by city council:

(A)

Golf, tennis, and yacht clubs, and similar private recreation facilities.

(B)

Churches.

(4)

Special exceptions permissible by the zoning board of appeals: None.

(5)

Prohibited uses: All other uses not specifically or provisionally permitted herein. Arcades and electronic gaming establishments are specifically prohibited.

(6)

Minimum lot dimensions and floor area and maximum height:

(7)

Minimum yard requirements:

(8)

Maximum living area: 3,000 square feet.

(Ord. No. 98-2, § 5, 7-28-98; Ord. No. 2011-4, § 4, 10-25-11)

The provisions of this district are intended to apply to an area of low-density residential development. Lot sizes and other restrictions are intended to promote and protect low-density residential development while preserving adequate open space and ensuring compatibility with other residential areas in the community.

(1)

Principal uses and structures: Duplexes and multifamily residences, designed such that there shall be no more than seven (7) dwelling units per acre. For purposes of calculating density, land area may include easements on or across the parcel in question, but shall exclude the area of all adjacent public streets or rights-of-way, and all public or private waterways and submerged lands.

(2)

Accessory uses and structures: Structures clearly incidental and subordinate to the principal use, including garages and carports.

(3)

Conditional land uses permissible by city council:

(A)

Golf, tennis, and yacht clubs, and similar private recreation facilities.

(B)

Churches.

(4)

Special exceptions permissible by the zoning board of appeals: None.

(5)

Prohibited uses: All uses not specifically or provisionally permitted herein. Arcades and electronic gaming establishments are specifically prohibited.

(6)

Size, yard, and other dimensional requirements for structures and buildings on a single lot: For single structures or buildings which are constructed completely within one (1) lot, the following requirements shall apply:

(A)

Minimum lot width—100 feet.

(B)

Minimum lot depth—120 feet.

(C)

Minimum living area of each dwelling unit—1,200 square feet.

(D)

Maximum height—35 feet.

(E)

Maximum building length—200 feet.

(F)

Minimum yard requirements:

(i)

Front: 25 feet.

(ii)

Rear: 25 feet except that the minimum requirement abutting a canal shall be 35 feet.

(iii)

Side, interior: 15 feet.

(iv)

Side, corner: 25 feet.

(7)

Size, yard, and other dimensional requirements for structures and buildings constructed on more than one lot in planned developments: Within a planned development (such as a townhome development) in which single structures or buildings contain more than one (1) dwelling unit and the structures are constructed across more than one (1) lot in a manner such that each dwelling unit can be sold separately, the following requirements shall apply:

(A)

Minimum, lot width—27 feet.

(B)

Minimum lot depth—100 feet.

(C)

Minimum living area of each dwelling unit—1,200 square feet.

(D)

Maximum height—35 feet.

(E)

Maximum building length—200 feet.

(F)

Minimum yard and other setback requirements:

(i)

Front: The front of any building or dwelling unit shall be no less than twenty (20) feet from any private street within the development; and no less than twenty-five (25) feet from any public street right-of-way; and no less than twenty-five (25) feet from any boundary of the development.

(ii)

Side: The side of individual dwelling units may coincide with the boundary of the lot on which such unit is located. The side of any building shall be no less than twenty (20) feet from any private street within the development; and no less than twenty-five (25) feet from any public street; and no less than twenty (20) feet from any boundary of the development.

(iii)

Rear:

(a)

The rear of any individual dwelling unit shall be no less than twenty (20) feet from the boundary of the lot of which such unit is located. The rear of any building shall be no less than twenty-five (25) feet from any public street right-of-way, any private street or any boundary of the development.

(b)

The minimum rear yard requirement for property abutting the south boundary of W. Lansing Gleason Park shall be reduced to allow enclosing of rear concrete patios or slabs which existed as of March 11, 1997, as shown on that certain survey prepared by William Mott Land Surveying, Inc., bearing its project number 97-0092; provided, however, that the distance between the outside wall of any such enclosure and the south boundary of the said park shall be a minimum of fourteen (14) feet.

(G)

Minimum building separation—30 feet as measured between exterior walls.

(8)

Minimum parking requirements:

(A)

Duplexes: Two (2) off-street parking spaces per dwelling unit, one of which shall be within an enclosed garage.

(B)

Multifamily dwellings: Two (2) off-street parking spaces per dwelling unit.

(Ord. No. 99-2, § 1, 3-23-99; Ord. No. 2011-4, § 4, 10-25-11)

The provisions of this district are intended to apply to an area of medium-density residential development. Lot sizes and other restrictions provide for medium-density, multifamily residential development compatible with the preservation of amenities associated with natural and environmental features of the zoning district.

(1)

Principal uses and structures:

(A)

Multiple-family residences designed such that there shall be no more than fifteen (15) dwelling units per acre. For purposes of calculating density, land area may include easements on or across the parcel in question, but shall exclude the area of adjacent public streets or rights-of-way, and all public or private waterways and submerged lands.

(B)

For oceanfront parcels in this zoning district, recreational facilities and vehicular use areas shall be considered a permitted use within the area between the building setback line and oceanfront seawall line as defined in article XIII, section 15.

(2)

Accessory uses and structures: Customary accessory uses clearly incidental and subordinate to the principal use, including garages and carports.

(3)

Conditional land uses permissible by city council:

(A)

Golf, tennis, and yacht clubs, and similar private recreation facilities.

(B)

Churches.

(4)

Special exceptions permissible by the zoning board of appeals: None.

(5)

Prohibited uses: All other uses not specifically or provisionally permitted. Arcades and electronic gaming establishments are specifically prohibited.

(6)

Size, yard, and other dimensional requirements for structures and buildings on a single lot: For single structures or buildings which are constructed completely within one (1) lot, the following requirements shall apply:

(A)

Minimum lot width—100 feet.

(B)

Minimum lot depth—120 feet.

(C)

Minimum living area of each dwelling unit—1,200 square feet.

(D)

Maximum height—35 feet.

(E)

Maximum building length—200 feet.

(F)

Minimum yard requirements:

(i)

Front: 25 feet.

(ii)

Rear: 20 feet, except that the minimum rear yard requirement abutting a canal shall be 35 feet.

(iii)

Side, interior: 15 feet.

(iv)

Side, corner: 25 feet.

(7)

Size, yard, and other dimensional requirements for structures and buildings constructed on more than one lot in planned developments: Within a planned development (such as a townhome development) in which single structures or buildings contain more than one (1) dwelling unit and the structures are constructed across more than one (1) lot in a manner such that each dwelling unit can be sold separately, the following requirements shall apply:

(A)

Minimum lot width—27 feet.

(B)

Minimum lot depth—100 feet.

(C)

Minimum living area of each dwelling unit—1,200 square feet.

(D)

Maximum height—35 feet.

(E)

Maximum building length—200 feet.

(F)

Minimum yard and other setback requirements:

(i)

Front: The front of any building or dwelling unit shall be no less than twenty (20) feet from any private street within the development; and no less than twenty-five (25) feet from any public street right-of-way; and no less than twenty-five (25) feet from any boundary of the development.

(ii)

Side: The side of individual dwelling units may coincide with the boundary of the lot on which such unit is located. The side of any building shall be no less than twenty (20) feet from any private street within the development; and no less than twenty-five (25) feet from any public street; and no less than twenty (20) feet from any boundary of the development.

(iii)

Rear: The rear of any individual dwelling unit shall be no less than twenty (20) feet from the boundary of the lot of which such unit is located, The rear of any building shall be no less than twenty-five (25) feet from any public street right-of-way, any private street or any boundary of the development.

(G)

Minimum building separation—30 feet as measured between exterior walls.

(8)

Minimum spacing between habitable buildings or structures: Thirty (30) feet as measured between exterior walls.

(9)

Minimum parking requirements: Two (2) off-street parking spaces per dwelling unit.

(Ord. No. 99-2, § 2, 3-23-99; Ord. No. 2011-4, § 4, 10-25-11)

The provisions of this district are intended to apply to an area adjacent to major streets and convenient and complementary to major commercial uses. The types of uses permitted and other restrictions of professional offices are separate from the intensive development of commercial and industrial facilities.

(1)

Principal uses and structures:

(A)

Professional offices, medical, dental, legal, engineering, real estate, insurance, technical management consult, architects, accountants, financial advisors, mortgage brokers, and similar professional uses.

(B)

Medical and dental clinics, laboratories, and pharmacies.

(C)

Financial institutions.

(D)

Mixed-use developments.

(E)

Massage therapist licensed by the Florida Department of Business and Professional Regulation.

(2)

Accessory uses and structures:

(A)

Customary accessory uses of one (1) or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the professional character of the district.

(B)

Notwithstanding the provisions of section 21 of article XIII, residential uses shall be allowed in the C-P zoning district as an accessory use as follows:

1.

One dwelling unit located within or on the top floor of a principal structure and where such dwelling is occupied by the owner or proprietor of the principal structure. The parcel upon which the accessory dwelling unit is located shall be at least one (1) acre in size. Said accessory dwelling unit shall be a minimum of six hundred (600) square feet, provided, however; that the accessory dwelling unit shall be smaller in square footage than the principal structure use and shall be clearly incidental and subordinate to the principal structure use. Except as provided for herein, the minimum lot dimensions and floor area and maximum height; and minimum yard requirements applicable to the C-P zoning district shall apply to the dwelling unit. There shall be two (2) additional parking spaces designated for the dwelling structure and such parking spaces shall not be used in the calculation for parking spaces required for the principal structure. All such accessory dwellings allowed herein shall conform to all applicable building codes. In considering which building codes apply the building official shall apply the building code which imposes the most stringent requirements.

(3)

Conditional land uses permissible by city council:

(A)

Golf, tennis, and yacht clubs, and similar private recreation facilities.

(B)

Churches.

(C)

Veterinary clinics; provided, however, that no animals shall be treated, housed or boarded outside the principal structure in which such veterinary clinic is located.

(4)

Special exceptions permissible by the zoning board of appeals: None.

(5)

Prohibited uses: All other uses not specifically or provisionally permitted. Arcades and electronic gaming establishments are specifically prohibited.

(6)

Minimum lot dimensions and floor area and maximum height:

(7)

Minimum yard requirements:

(Ord. No. 86-6, § 1, 4-8-86; Ord. No. 2002-4, § 2, 8-13-02; Ord. No. 2011-4, § 4, 10-25-11; Ord. No. 2013-1, § 1, 2-26-13; Ord. No. 2022-01, § 1, 1-25-22)

The provisions of this district are intended to apply on centrally located areas adjacent to major arterial streets and convenient to major residential areas. The type of uses permitted are intended to provide limited business activities serving the needs of residential neighborhoods. Uses should reflect an atmosphere of providing basic consumer needs of the residential community.

(1)

Principal uses and structures: All principal uses and structures permitted in the C-P zoning district are permitted in the B-1 zoning district. In addition, the following uses and structures are permitted for any use or group of uses which are developed, either separately or as a unit, with certain site improvements shared in common.

(A)

Retail stores, sales and display rooms. Any other retail sales outlet of products sold directly to the customer and wholesaling from sample stocks.

(B)

Personal service establishments such as barber and beauty shops, laundromats, laundry and dry cleaning pickup stations, tailor shops.

(C)

Professional offices and studios, clinics, general offices, business schools.

(D)

Banks and financial institutions.

(E)

Churches.

(F)

Educational and cultural institutions.

(G)

Public and private parking lots.

(H)

Restaurants, including those restaurants holding a valid license issued by the State of Florida which license allows and permits a restaurant to sell and serve alcoholic beverages for consumption on the premises as an incident to the sale and service of food.

(I)

Those establishments commonly known as package stores which are licensed by the State of Florida to sell alcoholic beverages only for consumption off the premises.

(J)

Electric power substations; provided that such use shall meet all landscaping and buffering requirements set forth elsewhere in the City Code; and further provided that a site plan for such use shall be submitted to and approved by the city council in accordance with the site plan requirements of the City Code.

(K)

Mixed-use developments.

(L)

Private clubs/lodges.

(M)

Private clubs/lodges may operate up to ten (10) arcade devices or electronic game devices.

(N)

Mobile food dispensing vehicles (subject to the requirements in Article III, Section 9-50 of the Code of Ordinances of the City).

(2)

Accessory uses and structures:

(A)

Customary accessory uses of one (1) or more of the principal uses clearly incidental and subordinate to the principal use in keeping with the low-density commercial character of the district.

(B)

Notwithstanding the provisions of section 21 of article XIII, residential uses shall be allowed in the B-1 zoning district as an accessory use as follows:

1.

One dwelling unit located within or on the top floor of a principal structure and where such dwelling is occupied by the owner or proprietor of the principal structure. The parcel upon which the accessory dwelling unit is located shall be at least one (1) acre in size. Said accessory dwelling unit shall be a minimum of six hundred (600) square feet, provided, however; that the accessory dwelling unit shall be smaller in square footage than the principal structure use and shall be clearly incidental and subordinate to the principal structure use. Except as provided for herein, the minimum lot dimensions and floor area and maximum height; and minimum yard requirements applicable to the B-1 zoning district shall apply to the dwelling unit. There shall be two (2) additional parking spaces designated for the dwelling structure and such parking spaces shall not be used in the calculation for parking spaces required for the principal structure. All such accessory dwellings allowed herein shall conform to all applicable building codes. In considering which building codes apply the building official shall apply the building code which imposes the most stringent requirements.

(3)

Conditional land uses permissible by city council:

(A)

Commercial recreational structures, including theaters and bowling alleys.

(B)

Service stations and car-wash establishments, subject to the following provisions:

(1)

Minimum lot size: Nine thousand (9,000) square feet.

(2)

Minimum floor area: Six hundred (600) square feet exclusive of interior servicing area.

(3)

Setbacks other than required elsewhere in this district: Gasoline pumps and other service island equipment: Twenty (20) feet from property line.

(4)

Tank storage: Underground storage required for all receptacles for combustible materials in excess of two hundred (200) gallons.

(C)

Marinas abutting a public waterfront only.

(D)

Hotels and motels.

(E)

Veterinary clinics; provided, however, that no animals shall be treated, housed or boarded outside the principal structure in which such veterinary clinic is located.

(F)

Self-service storage facilities as defined in Section 83.803(1), Florida Statutes, or other warehouse facilities, provided that the property on which such facilities are located meets the following conditions: (i) the property immediately abuts and is adjacent to property zoned within the M-1 Light Industrial district of the city; and (ii) no part of the proposed storage buildings lies within two hundred (200) feet of a public street or road right-of-way.

(G)

Adult care facilities. Any facility regulated by the State of Florida Agency for Health Care Administration and meeting the criteria and requirements of the provisions of Long Term Care Facilities, Florida Statute 400.0060(5), as amended from time to time; Nursing Homes Florida Statute 400.011, as amended from time to time; Intermediate, Special Services, and Transitional Living Facilities, Florida Statute 400.701, as amended from time to time; Intermediate Care Facilities for Developmentally Disabled Persons, Florida Statute 400.960, as amended from time to time; Assisted Living Facilities, Florida Statute 429.02 (5), as amended from time to time; Adult Day Care Centers. Florida Statute 429.901(I); Adult Family-Care Homes, Florida Statute 429.65(2); and Health Care Facilities, Florida Statute 408.032(8), as amended from time to time. Independent living senior apartments are allowed in conjunction with an Assisted Living Facility.

(H)

Processing or mixing of bulk granular products (as an absorbent to reduce oils, fats and/or grease) subject to the following conditions:

(1)

Processing or mixing of bulk granular products must be done within a fully enclosed building. No outside storage allowed.

(2)

Processing or mixing of bulk products will not require or cause excessive heat or temperature, odor, nor involve combustible materials.

(3)

Delivery of product from processing site to customers must provide for a minimum of two (2) commercial loading spaces on site.

(I)

Contractor office and/or bays subject to the following conditions:

(1)

The individual space may be used for office, storage for equipment, tools, products, and minor repair of the contractor's own equipment. Uses shall not include manufacturing, assembly, processing or fabrication of products. No outside storage or display, or retail or wholesale sales of products is allowed.

(2)

Any future change of use from a contractor office/bay conditional use to any other use will require compliance with appropriate B-1 parking regulations for the changed use.

(3)

For purposes of this subsection, the term "contractor" shall mean a person or company as listed in Brevard County Code of Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Contractors.

(4)

Contractor office and/or bays must be located within one hundred (100) feet of Light Industrial/M-1 zoned properties.

(4)

Special exceptions permissible only by action of the zoning board of appeals.

(A)

A special exception may be granted under the provisions of article XVI, section 3 of this zoning ordinance only to the owner or operator of an establishment licensed by the State of Florida to sell or serve alcoholic beverages for consumption on the premises if such sale or service of alcoholic beverages is not associated with a restaurant as provided for in subsection (1)(H) above.

(B)

No special exception shall be granted to any applicant who is not the owner of the premises specified in the application as the location for the special exception unless the owner of such premises has given and delivered to the city a signed and sworn statement consenting to and joining in the application.

(C)

No special exception granted under this subsection or under any prior requirements of this zoning ordinance shall be transferrable to any person other than the applicant to whom it is granted or to a location other than that specified in the application for such special exception.

(D)

If the applicant to whom a special exception is granted fails to comply with any provision of this subsection, or fails to comply with any condition imposed by the ordinance granting such special exception, the special exception granted to the applicant may be revoked by the city after reasonable notice and hearing. Such notice shall be given by the city in writing, shall specify the nature of the alleged noncompliance, and shall be delivered to the applicant to whom the special exception was granted at the address specified for the special exception. A hearing on the proposed revocation of the special exception shall be held by the city council no sooner than fourteen (14) days after delivery of the notice. The city council shall have the right to revoke the special exception upon the vote of no fewer than three (3) members of the city council if the city council determines as a result of the hearing that the alleged noncompliance exists.

(E)

Any special exception granted pursuant to this subsection may be subject to conditions specified by the zoning board of appeals as provided by article XVI, section 3 and article XIV, section 1 of this zoning ordinance.

(5)

Prohibited uses: All other uses not specifically or provisionally permitted. Except as provided for in subsection (3)(M) above, arcades and electronic gaming establishments are specifically prohibited.

(6)

Minimum lot dimensions and floor area and maximum height:

(7)

Minimum yard requirements:

(Ord. No. 83-1, §§ 1, 2, 8-23-83; Ord. No. 86-6, § 2, 4-8-86; Ord. No. 89-4, § 1, 6-27-89; Ord. No. 94-6, § 1, 1-10-95; Ord. No. 96-7, § 1, 1-14-97; Ord. No. 99-5, § 1, 6-8-99; Ord. No. 2002-4, § 3, 8-13-02; Ord. No. 2011-4, § 4, 10-25-11; Ord. No. 2013-1, § 1, 2-26-13; Ord. No. 2012-1, § 1, 2-28-12; Ord. No. 2021-02, § 1, 3-23-21; Ord. No. 2021-05, § 1, 6-22-21; Ord. No. 2021-08, § 2, 6-22-21)

The uses in this district are intended to be located in close proximity to transportation facilities and serving as the manufacturing, warehousing, distribution, wholesaling and other industrial functions of the city. Restrictions herein are intended to minimize adverse influences of the industrial activities on nearby nonindustrial areas.

(1)

Principal uses and structures:

(A)

Warehousing and wholesaling carried on solely within an enclosed structure.

(B)

Service and repair establishments, dry cleaning and laundry plants, business services, printing plants and welding shops.

(C)

Light manufacturing processing and assembly, such as precision manufacturing of electrical machinery and instrumentation.

(D)

Building materials supply and storage; contractor's storage yard, except scrap materials. Outside storage areas shall be walled or screened on all sides to avoid any deleterious effects on adjacent properties.

(E)

Marine sales, storage and repair establishments, and automotive repair, paint and body shops.

(F)

Vocational and trade schools.

(G)

Rental trucks and trailers, subject to the following restrictions:

(i)

There shall be no storage of junked, wrecked or inoperable vehicles or trailers;

(ii)

There shall be a total combination of six (6) rental trucks and trailers allowed on site at any time;

(iii)

All rental trucks and trailers shall be stored behind an opaque screen and shall not be stored or parked forward of the front building line.

(iv)

The retail sales of products customarily associated with the rental of trucks and trailers shall be permitted. Such products include, but are not limited to; trailer hitches and trailer balls, trailer light accessories and moving supplies.

(2)

Accessory uses:

(A)

Retail sales of products manufactured, possessed or stored on the premises. However medical marijuana facilities are not permitted as an accessory use.

(B)

Customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use in keeping with the industrial character of the district.

(3)

Conditional uses. Conditional uses are as follows: None.

(4)

Special exceptions permissible by the zoning board of appeals: None.

(5)

Prohibited uses: All other uses not specifically or provisionally permitted. Arcades and electronic gaming establishments are specifically prohibited.

(6)

Minimum lot dimensions and floor area and maximum height:

(7)

Minimum yard requirements:

(Ord. No. 2008-4, § 1, 5-27-08; Ord. No. 2011-4, § 4, 10-25-11; Ord. No. 2014-4, §§ 1, 2, 10-28-14; Ord. No. 2017-09, § 1, 1-9-18)

The provisions of this district are intended to apply to an area which can serve the needs of the community for public utility facilities, correctional facilities and in-patient mental health facilities, which facilities by their nature require substantial security and aesthetic buffers in order to protect the health and welfare of the city. Since the site and building requirements for such uses vary with the size and type of use, a review and approval of a site plan shall be a prerequisite for approval of any change of zoning to the P-1 Institutional classification.

(1)

Principal uses and structures:

(A)

Public utility facilities, including, but not limited to, sewage treatment plants, water treatment plants, and other similar facilities.

(B)

Correctional facilities such as a jail or other facility for the confinement of prisoners.

(C)

In-patient mental health facilities.

(D)

Natural gas treatment plant.

(E)

Oil storage facilities, other than those providing storage for retail distribution.

(2)

Accessory uses and structures: Any customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, and in keeping with the public institutional character of this district.

(3)

Conditional land uses: None.

(4)

Special exceptions: None.

(5)

Prohibited uses: All other uses not specifically or provisionally permitted. Arcades and electronic gaming establishments are specifically prohibited.

(6)

General requirements: All site plans and construction plans in the P-1 district shall be reviewed by the building official and the police and fire chiefs, with plans and written comments being forwarded to the planning and zoning board for review; then forwarded along with the recommendation to the city council for consideration. The planning and zoning board and the building official will ascertain that the proposed lot sizes, lot coverage, building heights, yard requirements, off-street parking provisions and other provisions are adequate to meet the requirements of this ordinance, and further that such uses are harmonious to the adjacent uses and to the area. The recommendation of the planning and zoning board to the city council shall contain in detail the findings resulting from the site plan review.

(7)

Site plan provisions: As part of the supplementary data required to complete an application for a public hearing for a P-1 zone, a scaled site plan shall be submitted in accordance with the requirements of article XIII of this ordinance as a part of such application; and if the application is approved, the development shall be built substantially in accordance with such plan. If the building official deems that there is a proposed substantial change from that which is shown on the approved application, the developer shall be required to return to the planning and zoning board and the city council in order to receive approval for such change as an amendment to the approved site plan. If construction is not begun within one year after the site plan has been approved or if a change to any other use within this zone is requested, the applicant must return for another public hearing and site plan approval or the planning and zoning board shall instigate proceedings to rezone the property to its original category or a more appropriate one.

(8)

Minimum dimensional requirements:

(A)

Minimum lot area: Five (5) acres.

(B)

Minimum lot width: Three hundred (300) feet.

(C)

Minimum lot depth: Five hundred (500) feet.

(D)

Perimeter yard requirements: There shall be a minimum perimeter setback of at least one hundred (100) feet for all uses in this district; provided, however, that the minimum setback for any sewage treatment ponds or other sewage holding areas including sewage tanks shall be three hundred (300) feet.

(E)

Interior setbacks: There shall be such interior setbacks as may be necessary for adequate police and fire protection as may be determined by the site plan review provisions set forth in this section.

(F)

Parking requirements: The building official and the planning and zoning board shall ascertain that off-street parking standards are met on the site plan which is submitted pursuant to the requirements of this section and to article XV of this ordinance.

(G)

Height requirements: Thirty-five (35) feet maximum.

(H)

Buffer requirements: When a P-1 zone abuts a residential zone, an adequate buffer a minimum of eight (8) feet in height shall be provided, and such buffer shall be shown on the site plan together with specifications for such buffer.

(Ord. No. 82-9, § 1, 1-25-83; Ord. No. 2011-4, § 4, 10-25-11)

All principal uses and structures permitted in the P-1 zoning district are permitted in the P-2 zoning district. In addition, the provisions of this district are intended to apply to an area which can serve the needs of the community for public and semipublic facilities of a governmental, educational, or cultural nature. Since the site and building requirements for such uses vary with the size and type of use, a review and approval of a site plan shall be a prerequisite for approval of any change of zoning to the P-2 classification.

(1)

Principal uses and structures:

(A)

Public and semipublic buildings and activities, such as city hall, fire stations and other public safety buildings, auditoriums, and government offices.

(B)

Educational institutions, including, but not limited to, schools and colleges.

(C)

Health institutions, including, but not limited to, hospitals, clinics, nursing and convalescent homes, homes for the elderly and children's homes.

(D)

Cultural institutions, including, but not limited to, museums, libraries, cemeteries, community centers, and botanical gardens.

(E)

Recreation uses, including, but not limited to, public open spaces, parks, playgrounds, and golf courses.

(F)

Any other public or semipublic use which is in keeping with the purpose of the district and which does not create conflicts or undue hardships on surrounding areas.

(2)

Accessory uses and structures: Any customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, and in keeping with the public and institutional character of the district.

(3)

Conditional land uses: None.

(4)

Special exceptions: A special exception for arcades and electronic gaming establishments may be granted to a private club/lodge for operation in public buildings such as, but not limited to, city hall, recreational center and fire house on a temporary basis.

(5)

Prohibited uses and structures: All other uses not specifically or provisionally permitted herein.

(6)

General requirements: All site plans and construction plans for uses constructed within the P-2 district shall be reviewed by the building official and the police and fire chiefs, with plans and written comments being forwarded to the planning and zoning board for review; and then forwarded along with a recommendation to the city council for consideration. The planning and zoning board and the building official will ascertain that proposed lot sizes, lot coverage, building heights, yard requirements, off-street parking provisions and other provisions are adequate to meet the requirements of this ordinance, and further, that such uses are harmonious to the adjacent uses and to the area. The recommendation of the planning and zoning board to the city council shall contain in detail the findings.

(7)

Site plan provisions: As part of the supplementary data required to complete an application for a public hearing for P-2 zone, a scaled site plan shall be submitted in accordance with the requirements of article XIII of this ordinance as a part of such application; and if the application is approved, the development shall be built substantially in accordance with such plan. If the building official deems that there is a proposed substantial change from that which is shown on the approved application, the developer shall be required to return to the planning and zoning board and the city council in order to receive approval for such change as an amendment to the approved site plan. If construction is not begun within one year after the site plan has been approved or if a change to any other use within this zone is requested, the applicant must return for another public hearing and site plan approval or the planning and zoning board shall instigate proceedings to rezone the property to its original category or a more appropriate one.

(8)

Minimum dimensional requirements:

(A)

Minimum lot area: Fifteen thousand (15,000) square feet.

(B)

Minimum lot width: One hundred (100) feet.

(C)

Minimum lot depth: One hundred fifty (150) feet.

(D)

Perimeter yard requirements: There shall be a minimum setback of at least twenty-five (25) feet for all uses in this district; and when a use abuts property zoned for single-family residential use, there shall be a minimum setback of thirty-five (35) feet.

(E)

Arterial and collector street yard requirements: There shall be a minimum fifty-foot setback when a building fronts on a major or minor arterial or collector street.

(F)

Interior setbacks: There shall meet the requirements necessary for adequate police and fire protection.

(G)

Parking requirements: The building official and the planning and zoning board will ascertain that off-street parking standards are met on the submitted site plan according to article XV of this ordinance.

(H)

Height requirements: Thirty-five (35) feet maximum.

(I)

Buffer requirements: When a P-2 zone abuts a residential zone, a buffer shall be shown on the site plan along with specifications of such buffer.

(Ord. No. 82-9, § 2, 1-25-83; Ord. No. 2011-4, § 4, 10-25-11)

Planned unit development, or PUD, is an area of land developed as a single entity, or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of residential and compatible uses and common open space.

[I.]

Definitions. For the purpose of this district, certain words and terms used herein shall be defined as follows:

(A)

Common open space. A parcel or parcels of land, or a combination of land and water within the site designated as a planned unit development, and designed and intended for the use or enjoyment of residents of the planned unit development. All common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the planned unit development.

(B)

Development plan. The total site plan of a planned unit development drawn in conformity with the requirements of this section. Said development plan shall specify and clearly illustrate the location, relationship, design, nature and character of all primary and secondary uses, public and private easements, structures, parking areas, public and private roads, and common open space.

(C)

Preliminary development plan. The development plan approved by the city council of Indian Harbour Beach and filed with the city for a planned unit development zone.

(D)

Final development plan. The development plan approved by the city council of Indian Harbour Beach and recorded with the clerk of the circuit court of Brevard County according to the provisions of this ordinance.

(E)

Preliminary development plan application. The application for approval of the use of a site as a planned unit development and for approval of the required exhibits as specified in this ordinance.

(F)

Final development plan application. The application for approval of the final development plan and for approval of the required exhibits as specified in this ordinance.

(G)

Developer. Any person, firm, association, syndicate, partnership or corporation, who owns land which is developed into a planned unit development and who is actually involved in the construction and creation of a planned unit development.

(H)

Stage. A specified portion of the planned unit development that may be developed as an independent entity that is delineated in the preliminary development plan, and the final development plan, and specified within the development schedule.

(I)

Site. The actual physical area to be developed as a planned unit development, including the natural and created characteristics of said area.

(J)

Development schedule. A comprehensive statement showing the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A development schedule shall contain an exact description of the specific buildings, facilities, common open space, and other improvements to be developed at the end of each time period.

[II.]

Purpose and intent. The planned unit development is a concept which encourages and permits variation in residential developments by allowing deviation in lot size, bulk or type of dwellings, density, lot coverage, and open space from that required in any one residential land use classification under the zoning regulations of the City of Indian Harbour Beach. The purpose of a planned unit development is to encourage the development of planned residential neighborhoods and communities that provide a full range of residence types as well as commercial uses designed to serve the inhabitants of the planned unit development. It is recognized that only through ingenuity, imagination and flexibility can residential developments be produced which are in keeping with the intent of this section while departing from the strict application of conventional use and dimension requirements of other zoning districts and subdivision regulations.

This section is intended to establish procedures and standards of planned unit developments within the incorporated areas of Indian Harbour Beach in order that the following objectives may be attained:

(A)

Accumulation of large areas of usable open spaces for recreation and preservation of natural amenities.

(B)

Flexibility in design to take the greatest advantage of natural land, trees, historical, and other features.

(C)

Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units.

(D)

Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City of Indian Harbour Beach.

(E)

Efficient use of land which may result in smaller street and utility networks and reduce development costs.

(F)

Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development.

(G)

Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the city of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors.

(H)

Economical and efficient use of land, utilities and streets with resulting lower housing costs.

[III.]

Permitted uses. Uses permitted in the planned unit development may include and shall be limited to the following:

(A)

Primary residential uses. Single-family detached and multi-family residential dwelling units (including apartments) in semidetached, attached, and multistoried structures.

(B)

Nonresidential uses. Nonresidential uses of a religious, public or semipublic, cultural, recreational or commercial character and personal service centers, offices and professional centers providing services to residents of the planned unit development. Said nonresidential uses shall be compatible with and secondary to the primary residential use. No building devoted primarily to a commercial use shall be built or established prior to the primary residential buildings or uses it is designed or intended to serve.

[IV.]

Unified ownership or control. The title of all land within a proposed site for a planned unit development shall be owned or controlled by the developer submitting the applications provided for by this section. The term "controlled by" shall be interpreted to mean that said developer shall have the written consent of all fee owners and all others having any legal or equitable interest in the property within the proposed site not wholly owned by the developer. Said consent shall contain a statement that said developer is authorized to represent said owners and all others having any interest in the submission of an application under the provisions of this section and that said owners shall agree to be bound by the decision of the city council in the event said application is approved.

[V.]

Common open space. All common open space shall be preserved for its intended purpose as expressed in the final development plan. The developer shall choose one of the following three (3) methods of administering common open space:

(A)

Public dedication to the city of the common open space. This method is subject to formal acceptance by the city in the sole discretion of the city council, and the city council shall have the right to refuse such dedication in any planned unit development.

(B)

Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space.

(C)

Retention of ownership, control and maintenance of all common open space by the developer.

All privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. Said deed restrictions shall run with the land and shall be for the benefit of present property owners, future property owners and the city. Such deed restrictions shall also contain a prohibition against partition.

All common open space as well as public and recreational facilities shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at a rate such that the percentage of such facilities completed at any time shall always equal or exceed the percentage of dwelling units completed at that time.

If the developer elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the following requirements:

(1)

The developer must establish the association or nonprofit corporation prior to the sale of any real property.

(2)

Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development and said association or corporation shall not discriminate among its members or shareholders.

(3)

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of said land and any other land within the planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land.

(4)

If the developer elects an association or nonprofit corporation as a method of administering common open space, the title or deed received by all residential property owners shall include an undivided fee simple estate in all common open space or an unrestricted easement for the use and enjoyment of the common open space.

[VI.]

Land use regulations.

(A)

Minimum size: Twenty (20) acres.

(B)

Minimum number of residential units with commercial uses: Two hundred (200) residential dwelling units if the development plan provides for any commercial uses.

(C)

Maximum density: The average density permitted in each PUD shall be established by the city council upon recommendation of the planning and zoning board. The criteria for establishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of any land use plan involving the area in question. In no case shall maximum density permitted exceed six (6) dwelling units per acre, exclusive of the area of adjacent public streets and rights-of-way and all public or private waterways and submerged lands.

(D)

Minimum common recreation and open space: Twenty-five (25) per cent of gross site acreage. "Common recreation and open space" shall be defined as the total amount of improved usable area, including outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the PUD. Such usable space may be in the form of active or passive recreation areas, including, but not limited to, playgrounds, golf courses, beach frontage, nature trails, and lakes. Common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the PUD. Easements, parking areas, road rights-of-way or minimum yards and spacings between dwelling units may not be included in determining usable open space. Water areas may be used to partially fulfill open space requirements. If golf courses and/or water areas are used to partially fulfill open space requirements, calculations for such may not exceed one-half (½) of the required open space. All water areas included as part of the open space requirement shall be permanent water bodies and shall be improved with docks or piers, 5:1 minimum sloped edge extending at least twenty (20) feet into the lake, and planted with grass and maintained around all sides so as to prevent mosquitoes, insects and rodents.

(E)

Minimum lot area: No minimum lot size shall be required within a PUD district.

(F)

Access: Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The city shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area to meet emergency needs, to conduct city services, and to generally ensure the health and safety of the residents of the PUD.

(G)

Minimum distances between structures:

(1)

Between structures of 2 stories or less—15 feet.

(2)

Between structures of 3 stories—20 feet.

(3)

Between structures of 4 stories—25 feet.

(4)

Between structures of varying heights, the larger distance separation shall be required.

A minimum of a twenty-five-foot setback shall be required from the nearest part of any building wall to the edge of any public right-of-way or private street. A minimum twenty-five-foot setback shall be maintained between the walls of all structures and the perimeter of the PUD.

On property bordering a navigable waterway, a minimum of fifty (50) per cent of the frontage along the waterway shall be left open as a breezeway.

On property bordering the ocean, all structures shall be no further east than the oceanfront building setback line described in article VIII, section 15 of this ordinance, whichever is farther to the west.

(H)

Maximum length of structure: Two hundred (200) feet.

(I)

Maximum commercial uses area: The maximum commercial area permitted within a PUD shall be five (5) per cent of the total gross acreage of the site. If the PUD contains more than five hundred (500) dwelling units, the maximum commercial area may be increased to seven (7) per cent of the total gross acreage. Said areas shall be situated and buffered so as not to provide any detrimental effect on residential uses.

(J)

Minimum floor area per dwelling unit:

Single family dwellings: 1,250 square feet.
Multifamily dwellings: 1,200 square feet per unit.

(K)

Off-street parking: Provisions shall be in accordance with article XV of this ordinance.

(L)

Landscaping: Within all common parking areas, a minimum of twenty-five (25) square feet of landscaped area shall be provided per parking space and such landscaped areas shall be distributed throughout the parking areas.

(M)

Underground utilities: Within the PUD, all utilities including telephone, television cable and electrical systems shall be installed underground. Primary facilities providing service to the site of the PUD may be exempted from this requirement. Large transformers shall be placed on the ground and contained within landscaped pad mounts, enclosures or vaults. Any required substations shall be screened by walls resembling a structure which is compatible with the design of the PUD.

[VII.]

Development standards. The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of the Indian Harbour Beach Subdivision Regulations. Design requirements with respect to streets, sidewalks and drainage may be waived by the city council upon the recommendation of the city engineer and the building official.

In PUD's, when woods or scattered trees occur, all trees eight (8) inches in diameter at four (4) feet above the ground shall be preserved unless they exist within:

(A)

Proposed public or private easement or drainage facility.

(B)

Proposed structure dimensions.

(C)

Ten (10) feet of proposed structure.

(D)

Proposed driveways.

(E)

Golf course or active recreational area.

[VIII.]

Procedure for receiving approval of a preliminary development plan and tentative zoning. The following procedures, applications and exhibits shall be required when applying for tentative zoning and approval of a preliminary development plan:

(A)

Tentative development plan. Before submission of a preliminary application for approval as a planned unit development zone, the developer and his registered engineer, architect, and site planner are encouraged to meet with the building official and the city engineer and such other personnel as necessary to determine the feasibility and suitability of his application. This step is encouraged so that the developer may obtain information and guidance from city personnel before entering into any binding commitments or incurring substantial expenses of site and plan preparation.

(B)

Preliminary development plan application. A preliminary application shall be submitted to the building official by the developer requesting approval of the site as a planned unit development zone. Said preliminary application shall contain the name of the developer, surveyor and engineer who prepared the development plan and topographic data map, and the name of the proposed planned unit development.

(C)

Exhibits. The following exhibits shall be attached to the preliminary application:

(1)

Vicinity map indicating the relationship between the planned unit development and its surrounding area including adjacent streets and thoroughfares.

(2)

Development plan that shall contain, but not be limited to, the following information:

(a)

Proposed name or title of project, the name of the engineer, architect and developer.

(b)

North arrow, scale (1" = 100') date and legal description of the proposed site.

(c)

Boundaries of tract shown with bearings, distances, closures and bulkhead lines. All existing easements, section lines and property lines, and all existing streets and physical features in and adjoining the project, and the existing zoning.

(d)

Names and locations of adjoining developments, and subdivisions.

(e)

Proposed parks, school sites, or other public or private open space.

(f)

Vehicular and pedestrian circulation systems including off-street parking and loading areas, driveways, and access points.

(g)

Site data, including tabulation of the total number of gross acres in project, the acreage to be devoted to each of the several types of primary residential and secondary nonresidential uses, and the total number of dwelling units.

(h)

Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the per cent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the site plan.

(i)

Delineation of specific areas designated in a proposed stage.

(j)

General statement indicating proposed means of drainage within the vicinity area or with the drainage plan established within the vicinity area.

(k)

General location within site of each primary residential and secondary nonresidential use, and the proposed amount of land to be devoted to individual ownership.

(l)

Schematic drawings of the elevation and architectural construction of the proposed primary residential and secondary nonresidential structures.

(m)

The proposed method of dedication and administration of proposed common open space.

(3)

Topographic data map drawn to a scale of two hundred (200) feet to one inch or larger by a registered surveyor and/or engineer showing:

(a)

The location of existing property lines both for private property and public property, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, and any public utility easements.

(b)

Wooded areas, streams, lakes, marshes, and any physical conditions affecting the site.

(c)

Existing contours based on mean sea level with a contour interval of two (2) feet and proposed finished elevations.

(D)

Submittal. The preliminary development plan application for PUD zoning shall be submitted to the building official at least thirty (30) days prior to any scheduled meetings of the planning and zoning board. The application shall include five (5) black or blue line prints of the development plan of the proposed planned unit development and a minimum of two (2) copies of the other required exhibits.

(E)

Application review. The preliminary development plan shall be reviewed formally by the building official and the city engineer and any other division or department of city government as necessary to determine the feasibility and suitability of the plan prior to its submission to the planning and zoning board. The planning and zoning board shall then review said preliminary development plan to determine its conformity with the official plans and policies of the city and the requirements of this section. Upon completion of its review, the planning and zoning board shall recommend to the city council the approval, approval subject to conditions, or disapproval of the preliminary development plan application for PUD zoning.

(F)

Review criteria. The decision of the planning and zoning board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the planning and zoning board shall consider the following facts:

(1)

Degree of departure of proposed planned unit development from surrounding residential areas in terms of character and density.

(2)

Compatibility within the planned unit development and relationship with surrounding neighborhoods.

(3)

Prevention of erosion and degrading of surrounding area.

(4)

Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan.

(5)

The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of said common open space.

(6)

The feasibility of the specified stages contained in the preliminary development plan to exist as an independent development, and their compatibility as development stages.

(7)

The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned unit.

(8)

The availability and adequacy of water and sewer service to support the proposed planned unit development.

(9)

The benefits within the proposed development, and to the general public, to justify the requested departure from standard land use requirements inherent in a planned unit development classification.

(10)

The conformity and compatibility of the planned unit development with any adopted development plan of the City of Indian Harbour Beach.

(11)

The conformity and compatibility of the proposed common open space, primary residential and secondary nonresidential uses within the proposed planned unit development.

(G)

Review by the city council. Upon receiving the recommendation of the planning and zoning board, the city council shall, at a regularly scheduled public meeting, review said recommendation and preliminary development plan and either approve, approve subject to conditions, or disapprove the preliminary development plan application. Approval of the preliminary development plan indicates approval of the PUD zoning subject to acceptance of the final development plan. The decision of the city council shall be based upon consideration of the facts specified as review criteria for the planning and zoning board as set forth hereinabove.

(H)

Recordation of preliminary application. In the event the preliminary development plan application is approved by the city council, a copy of said application and required exhibits shall be certified and approved by the mayor and said certified copy shall be filed with the building official as a permanent record. A notice of said approval and filing, containing a legal description of the site, shall be recorded in the official records of Brevard County, Florida.

[IX.]

Procedure for securing approval of the final development plan. The developer shall have six (6) months from the approval of the preliminary development plan for a planned unit development zone in which to file a final development plan application. At the request of the developer, and for good cause shown, the council may extend said period required for the filing of said application for an additional six (6) months.

The final development plan application may request approval for the entire planned unit development or any stage (minimum twenty (20) acres). If approval is not requested for the entire planned unit development, the developer shall have one year from approval of the final development plan application to file another final development plan application for approval of any or all of the remaining stages specified in the preliminary development plan. At the request of the developer, and for good cause shown, the city council may extend said period required for the filing of said application for an additional six (6) months.

(A)

Required exhibits: The following exhibits shall be attached to the final development plan application:

(1)

Engineering plans showing:

(a)

Existing ground surfaces and proposed elevations in the planned unit development.

(b)

If deemed necessary by the city, subsurface conditions on the tract, including location and results of tests made to ascertain the conditions of subsurface soil, rock, and groundwater, and the existing depth of groundwater.

(c)

Typical cross-section of proposed gradings, streets and sidewalks, canals and waterways.

(d)

Proposed type of pavement in accordance with city specifications.

(e)

Layout of water distribution, sanitary sewers and storm drainage systems, with grades and sizes indicated.

(f)

Final engineering drawing of water, sanitary sewer and storm drainage systems, and sidewalks, streets, bulkheads, street name signs, and adequate lighting.

(2)

Said engineering plans shall be in conformity with the requirements and specifications of the Indian Harbour Beach Subdivision Regulations.

(3)

A final development plan containing, in addition to those items specified previously, the following information:

(a)

Dedication by owner and completion of certificate of surveyor.

(b)

The location, dimensions and character of construction of all proposed streets, driveways, points of ingress and egress, loading areas, number of parking spaces and areas, primary residential areas and structures, secondary nonresidential areas and structures, and common open space areas.

(c)

Proposed lot lines (if any), lot and block numbers and dimensions of all primary nonresidential uses, and secondary nonresidential uses, and common open space.

(d)

The proposed architectural and landscape design of all structures and common open space that clearly reflects the compatibility of the variety of primary and secondary uses proposed.

(e)

Location and width of canals and waterways.

(f)

Reservations, easements, alleys and any areas to be dedicated to public uses or sites for other than residential use with notes stating their purpose and any limitations.

(g)

Sufficient data to determine readily and reproduce on the site the location, bearing and length of every street, line, lot line, boundary line and block line, whether curved or straight.

(h)

The radius, central angle, point of tangent, tangent distance and arcs and chords of all curved property lines.

(i)

A legal description of the planned unit development boundaries with hearings, distances and the point.

(j)

Accurate location and descriptions of all monuments and markers.

(4)

An original line tracing of the final development plan drawn in india ink shall be filed, plus five (5) black or blue line prints.

(5)

All dimensions should be to the nearest one one-hundredth ( 1/100 ) of a foot, and angles to the nearest thirty (30) seconds.

(6)

The final development plan shall be properly signed and executed by the developer as required for recording.

(7)

The final development shall meet the platting requirements of Florida Statutes, Chapter 177, as hereafter amended, transferred or renumbered. In case of a large plan that may require two (2) or more sheets, the sheets are to be numbered and the numbers of the sheets are to be indicated on the first sheet below the title.

(8)

Development schedule. The development schedule shall contain the following information:

(a)

The order of construction of the proposed stages delineated in the development plan.

(b)

The proposed date for the beginning of construction on said stages.

(c)

The proposed schedule for the construction and improvement of common open space within said stages, including any complimentary building.

(9)

Deed restrictions. Deed restriction proposals to preserve the character of the common open space as set forth in this district. Said deed restrictions shall include a prohibition against partition by any residential property owner.

(10)

Association or nonprofit corporation. If the developer elects this method of administering common open space, the proposed bylaws of the association or the certificate of incorporation and the corporated bylaws of the nonprofit corporation shall be submitted for approval by the city.

(11)

Bill of sale. A bill of sale, conveying the water lines to the City of Melbourne and the sewer utility lines, mains, and lift stations to Brevard County and other personal property required to be installed by this chapter to the applicable governmental bodies or public utilities.

(12)

Instruments. Instruments dedicating all rights-of-way, easements and other public lands shown on the final development plan from all persons having any interest in said land. Instruments indicating that all necessary off-site easements or dedications have been acquired. In lieu of originals, "certified true copies" will be accepted if the recording information from the public records of Brevard County, Florida, is included thereon.

(13)

Title opinion. A title opinion from an attorney showing the status of the title to the site encompassed by the final development plan and all liens, encumbrances and defects, if any.

(14)

Tax receipts. Paid receipts from the city and county indicating taxes have been paid in full up to and including the current period.

(B)

Procedure. The city engineer, building official, and the city attorney shall recommend the approval, approval subject to conditions, or disapproval of the final development plan application based upon the conformity of the final development plan with the preliminary development plan, and sufficiency and accurateness of the required exhibits, and the requirements and purposes of this section and ordinances and regulations of the City of Indian Harbour Beach, Florida.

The city council of the City of Indian Harbour Beach shall review the recommendations of the building official, city attorney, and city engineer at a regular public meeting of the city council and shall approve, approve subject to conditions, or deny the final development plan application.

(C)

Recording of final development plan. After approval of the city council of the final development plan application, the building official shall see that all requirements of Florida Statutes, Chapter 177, as hereafter amended, transferred or renumbered, have been complied with before the final development plan is recorded in the public records of Brevard County, Florida. No final development plan of a planned unit development within the city shall be recorded unless it shall have the approval of the city council inscribed thereon.

The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a final development plan of a planned unit development, or portion thereof, that has not been given final approval by the city council and recorded in the official records of Brevard County, Florida, is prohibited. The description by metes and bounds in instruments of transfer or other documents shall not exempt the transaction from such prohibition.

(D)

Physical review. The city shall have the right to evaluate the physical layout, architectural characteristics, and amenities of the planned unit development and to suggest changes or modifications designed to create compatibility and conformity in the variety of uses within the development to ensure, protect and promote the health, safety and general welfare of the property owners of the planned unit development and the residents of the City of Indian Harbour Beach.

(E)

Building permit. No building permit shall be issued by the city until the final development plan has been approved and duly recorded as provided in this section.

(F)

Bonding. Prior to the commencement of construction within the site of a planned unit development, the developer shall file with the city the following contracts and bonds:

(1)

A performance, labor and material payment bond for the completion of the construction of all public improvements specified in the final development plan within one year from the date of commencement of construction.

(2)

A performance, labor and material payment bond for the completion of the construction of all common open areas designated in the final development plan within one year from the date of commencement of construction.

(3)

A maintenance warranty bond in the amount of ten (10) per cent of the total cost of the construction of all public improvements to be in force for a period of two (2) years following acceptance by the city of the final construction of said public improvements.

All such bonds shall be from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Department and rated A:AAA in Best's Insurance Guide. Upon acceptance of all improvements described in subsections (1) and (2) above, said performance and payment bonds shall be released.

All of the provisions relating to bonding contained in the subdivision regulations of the city shall be fully applicable to the bonds required under this section.

(G)

Failure to file a final development plan. Failure of the developer to file a final development plan application within the time periods specified shall automatically revoke approval of the preliminary development plan filed, and the planning and zoning board shall take the necessary steps to return the land to its previous zoning classification or one which is deemed most applicable.