Editor's note— Section 3 of Ord. No. 90-3, adopted April 10, 1990, repealed § 1 of Art. XIII of App. A. Said section pertained to site plan approval for multifamily, institutional and commercial developments and for applications for conditional land use, and was derived from the following:

Notwithstanding other provisions of this ordinance, fences and walls may be permitted in the side and rear yards of property not abutting SR AlA, South Patrick Drive or SR 3; provided, that no fence or wall or support structures thereof, shall be over six (6) feet in height, excluding caps, finials, posts, etc. which may extend up to six (6) inches above the maximum six (6) foot height provided for herein. Fences for tennis courts and other recreational facilities may be ten (10) feet in height. For purposes of this section, the height of the fence or wall shall be measured from the highest normal elevation of the ground in the adjacent yards. No fence shall be installed closer than twenty-five (25) feet to a street right-of-way line except for side corner lots the setback requirements shall be no closer to the street right-of-way line than ten (10) feet and must be to the rear of the front building setback.

Any fence installed on property in the M-1, Light Industrial District, may be located within ten (10) feet of a street right-of-way line. Provided; however, that any fence installed in the front yard of the property shall be of a chain link style.

Material for any fence or wall shall be chain link, wood, PVC, aluminum or concrete block. Any fence or wall constructed of other materials must first be approved by the city council before a permit is issued. The fence or wall shall be installed so that the exposed framing, stringers, and posts to support each section face the interior of the yard of the lot on which the fence or wall is placed, regardless of whether or not another fence or wall already exists.

(Ord. No. 84-2, § 1, 1-24-84; Ord. No. 2011-4, § 5, 10-25-11; Ord. No. 2020-02, § 1, 3-10-20)

The provisions of section 2 shall apply to property abutting SR AlA, South Patrick Drive and SR 3 except that walls may be constructed in the front yard no closer than the property line and the height of the wall may be measured from the elevation of the abutting SR AlA, South Patrick Drive or SR 3. Materials for the wall shall be concrete block or stucco. Any other material must first be approved by the city council before a permit is issued.

(Ord. No. 84-2, § 2, 1-24-84; Ord. No. 2011-4, § 5, 10-25-11)

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.

Every part of a required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in this ordinance.

(1)

Sills, or belt courses shall project not more than twenty-four (24) inches into a required yard if the required minimum yard width is seven and one-half (7½) feet, or not over thirty (30) inches if the required yard width is ten (10) feet or more.

(2)

Chimneys, fireplaces, pads used for heating and air conditioning units or pilasters shall project no more than two (2) feet into a required yard. Nothing herein shall permit any mechanical or electrical devices to project into the required yard.

(3)

Fire escapes, stairways, and balconies which are unroofed and unenclosed shall project no more than five (5) feet into a required rear yard, nor more than three (3) feet into a required side yard of a multiple dwelling, hotel or motel.

(4)

Hoods, canopies, eaves or marquees shall project no more than four (4) feet into a required yard.

(5)

Fences and walls shall be permitted in specified required yards subject to the provisions established in this ordinance.

(6)

Accessory parking may be located in a required front, rear or side yard in the B-1 and C-P zoning classifications. In all residential zoning classifications there shall be no parking on any lawn or landscaped area in the required front yard and all vehicular parking shall be in or on the required off-street parking areas as provided for in Article XV.

(7)

In the B-1, C-P, M-1, R-2, R-3, and P-1 districts, off-street parking spaces may be located in the front yard, except that no parking space shall be permitted within ten (10) feet of the front lot line.

(8)

No required front yard area other than those set forth in paragraphs (6) and (7), of this section shall be used for any parking space, drive or back out area, except that access drives may cross required front yard areas.

(9)

On building sites abutting a navigable canal, waterway, river or other navigable stream, the minimum setback from the waterway for all buildings or portions thereof designed to be used for occupancy for residential or commercial purposes shall be thirty-five (35) feet from the edge of such canal, waterway, river or navigable stream.

(10)

No more than thirty-five (35) percent of any required front or rear yard shall be paved or covered with any material impervious to drainage in any single-family zoning classification. No more than sixty (60) percent of any required front or rear yard area shall be paved or covered with such material in any multi-family residential zoning classification. Provided, however, no portion of a pool that holds water shall be used in the calculation of material impervious to drainage.

(Ord. No. 82-9, §§ 4—6, 1-25-83; Ord. No. 2011-4, § 5, 10-25-11)

(A)

Unless otherwise provided in this section or a particular zoning category, all accessory structures located in any residential or non-residential zoning category shall comply with this subsection. No accessory structure shall be located within any required landscaping buffers. No accessory structure shall be erected in any required front or side yard, and no accessory structure shall cover more than thirty-five (35) percent of any required rear yard. No accessory structures shall be constructed or located within ten (10) feet of any building on the same lot, and accessory structures two hundred fifty (250) square feet or less in size may be erected no closer than five (5) feet of any lot line and shall not exceed twelve (12) feet in height. Accessory structures greater than two hundred fifty (250) square feet in size shall meet the yard requirements of the principal building. Only one accessory structure may be installed on any lot or combination of lots upon which the main building sits. An accessory structure shall be constructed simultaneously with, or following, the construction of the main building, and shall not be used until after the principal building has been fully erected and a certificate of occupancy or its equivalent has been issued. Accessory structures greater than two hundred fifty (250) square feet in size shall not exceed 900 square feet in overall size and may not exceed sixteen (16) feet in height. Erection of tents as accessory structures shall be prohibited. Permits for accessory structures shall be accompanied by engineered plans or drawings by an engineer licensed in the State of Florida, plus one electronic disk.

(B)

Exceptions.

(1)

Notwithstanding the foregoing restriction against using the accessory structure for occupational or business purposes, any medical facility which offers services to human beings or animals that suffers a power outage due to an act of God may perform its medical services from an accessory structure during such time as there is no power to the principal structure. Power to the accessory structure, during the time of such power outage, shall be supplied by a city approved back-up power source and for as long as power is not restored to the principal structure. No such accessory structure use shall be used for overnight patient stays.

(2)

No accessory structure which contains living quarters shall be built on any lot in any zoning district.

(3)

No occupation or business shall be conducted in an accessory structure.

(4)

The engineering requirements of this section shall not apply to any structure which is not attached to the primary building and where the top of said structure allows air to flow through the top. However, a permit for the construction of said structure shall be required.

(5)

Accessory structures two hundred fifty (250) square feet or less in size do not need engineering design drawings, but must comply with the Florida Building Code.

(Ord. No. 2011-4, § 5, 10-25-11; Ord. No. 2016-4, § 1, 3-22-16)

Notwithstanding any part of this ordinance or any permit granted, or any variances granted by the zoning board of appeals, no type of structure, vehicle, tree, planting, vegetation, sign or fence or any type of obstacle or any portion thereof shall be placed or retained in any zone in such manner as to create a traffic hazard or to obstruct the vision clearance at corners or curb cuts.

All buildings shall be constructed with the lowest floor level at least eighteen (18) inches above the crown grade of the public thoroughfare on which the property abuts.

(Ord. No. 2011-4, § 5, 10-25-11)

Cross reference— Flood hazard prevention generally, § 6-107 et seq.; lowest floor levels established, § 6-111.

The height limitations contained in the schedule of district regulations shall not apply to architectural embellishments, including, but not limited to, mansard, gable, hip, church steeples, bell towers and gambrel roofs and parapet walls, antennas, chimneys and mechanical equipment, including, but not limited to, elevator shafts, air conditioning and heating units, and cooling towers, shall be allowed to exceed the maximum building height by not more than fifteen (15) feet. Furthermore, no part of such architectural embellishments or equipment shall be used for human occupancy except for the maintenance, repair or replacement of such architectural improvements or equipment.

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

Every building hereafter erected or moved shall be constructed or placed on a lot adjacent to a public street or with access to an approved public street, and all structures shall be located on lots so as to provide a safe and convenient access for servicing, fire protection, and required off-street parking. All lots upon which structures are built shall have a minimum width of twenty-five (25) feet facing a public right-of-way or an approved private right-of-way.

Cross reference— Access prerequisite to building permit, § 6-9.

Wherever the boundary of a commercial or industrial zoning district abuts a residential zoning district, except where the commercial, professional, or industrial zoning district abuts a public street, a visual screen shall be provided within the yard areas of such commercial or industrial zoning districts, and said visual screen shall be approved by the planning and zoning board and the building official. The following specifications shall apply to such screens:

(1)

Such visual screen shall be provided along the entire length of the commercial, professional, or industrial zoning district boundary which abuts any residential zoning district. Such a screen shall be at least six (6) feet high.

(2)

Such visual screen shall consist of decorative or ornamental fencing and/or decorative or ornamental trees and shrubs designed and placed in a manner rendering such visual screen opaque within a period of two (2) years after such screen is provided, and shall be maintained in a sightly condition at all times.

(3)

Such visual screen requirements may be waived by the city council provided that an alternate landscaping design is provided for a particular use in such commercial, professional, and industrial zoning district.

(A)

In order to promote the safety of motorists and pedestrians and to minimize traffic congestion and conflict by reducing the type and the number of access points onto South Patrick Drive, SR A1A and SR 3, the following requirements shall apply to all development along, abutting and abounding South Patrick Drive, SR A1A and SR 3:

(1)

No residential driveway shall open directly onto or have access directly onto either South Patrick Drive, SR A1A or SR 3. This requirement shall not apply to any lot or parcel of land in a single-family residential zoning classification when such lot or parcel of land does not abut any public right-of-way other than South Patrick Drive, SR A1A or SR 3.

(2)

Any curb cut, driveway or other opening giving vehicular access to either South Patrick Drive, State Road A1A or State Road 3 shall meet the standards adopted by the Florida Department of Transportation and must be approved by the Florida Department of Transportation concerning distances between curb cuts, driveways or other openings giving such vehicular access on the same side of either South Patrick Drive, State Road A1A or State Road 3.

(3)

All site plans and plats for lands adjoining and abutting South Patrick Drive, SR A1A and SR 3 shall be required to provide for such through streets or other access to adjacent lands as may be necessary to meet the requirements of subparagraphs (1) and (2) of this subsection.

(B)

In order to promote the safety of motorists and pedestrians and to minimize traffic congestion and conflict by reducing the magnitude of and the number of points of traffic contact on streets other than South Patrick Drive and SR A1A, the following requirements shall apply to such streets:

(1)

Any driveway or other opening giving vehicular access to a public street shall not exceed twenty-four (24) feet in width, except as otherwise provided in this section.

(2)

The maximum number of points of access permitted onto any one street shall be as follows:

(3)

In lieu of any two (2) openings permitted on any one street, there may be permitted a single point of access up to thirty-five (35) feet in width along any abutting public street, provided that such property abuts such street for a distance of not less than one hundred twenty (120) feet.

(4)

In R-2, B-1, C-P, and P-1 districts there shall be a minimum distance of twelve (12) feet between any two (2) openings onto the same street. In R-1A, R-1AA, and R-1AAA districts, no opening onto any street shall be located within two (2) feet of any side property line.

(5)

No point of access shall be allowed within ten (10) feet of the intersection of the right-of-way lines of any public streets.

(6)

No curbs shall be cut or altered, and no point of access or opening for vehicles onto a public street shall be established which does not meet the above criteria.

(7)

Projects for which a site plan is required shall be considered on an individual basis and may deviate from these requirements in the interest of traffic safety after review and recommendation by the planning and zoning board.

(8)

Applicants for projects for which a site plan or plat is required which indicate that the property will have a shared access, walkway, driveway, parking use or any other joint use between adjacent or abutting parcels shall be required as part of the site plan or plat process for the property to submit an executed joint use or cross easement agreement with the adjacent or abutting property. Such agreement shall be in recordable form to be recorded in the public records of Brevard County, Florida. A copy of the recorded agreement must be submitted to the city prior to any building permit being issued by the city for the project.

(Ord. No. 81-16, § 1, 10-27-81; Ord. No. 84-2, § 3, 1-24-84; Ord. No. 2003-8, §§ 1, 2, 10-28-03)

Swimming pools shall not be considered as an accessory use, but shall conform to the requirements of an accessory structure, if not otherwise excepted. All such pools shall be installed to city requirements and a city permit shall be issued by the building official prior to construction or installation. Commercial swimming pools are prohibited in all residential districts.

Swimming pools shall not be constructed within five (5) feet off load-bearing wall or within ten (10) feet of an overhead power line, and no pool shall be constructed underneath an overhead power line. In the rear yard, a seven-and-one-half-foot setback from the rear lot line is required; except on waterfront lots, the vertical wall of any swimming pool may not be built closer than fifteen (15) feet to the rear lot line unless it is determined through analysis by a certified engineer that such construction shall not be harmful to the seawall.

All swimming pools shall be completely enclosed with an approved wall, fence or other substantial structure not less than four (4) feet in height or have a screen enclosure prior to final inspection; however, said enclosure shall not be constructed so as to provide foot-holds that would permit the enclosure easily to be climbed over. The setback requirements for pools shall apply to the type of enclosure utilized.

For the purpose of this section, screened pool enclosures shall be defined as any structure having screen walls and a screen roof over a swimming pool. Screened pool enclosures shall not exceed thirty-five (35) feet in height. Such height shall be measured in a vertical distance from the top of the pool deck upon which the screened pool enclosure is attached to the highest point of the screened pool enclosure. Under no circumstances shall a permitted screened pool enclosure be converted into another type of room having alternative walls and/or a hard, covered roof unless the conversion is within the required setbacks of the principal structure.

No construction of swimming pools, pool enclosures or concrete pool decks shall be permitted upon or within any public easement or easement reserved for utility purposes.

(Ord. No. 2011-4, § 5, 10-25-11)

Cross reference— Swimming pool construction generally, § 6-80 et seq.

All areas within multifamily, commercial or industrial districts used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, and all land upon which vehicles traverse the property as a function of the primary use, including, but not limited to, drives, parking, service and display areas, shall be paved according to city specifications.

(a)

Findings and basic intent. The findings and recitals set forth in Brevard County Ordinance No. 85-17 are hereby found to be applicable to the City of Indian Harbour Beach and are hereby adopted by reference as if set forth in full in this section. Similarly, the policy statement, intent and definitions set forth in Sections 1, 2 and 3 of Brevard County Ordinance No. 85-17 are also adopted by reference as if set forth in full in this section. Any and all references to Brevard County in said recitals and said Sections 1, 2 and 3 shall be deemed to be references to the City of Indian Harbour Beach.

(b)

Regulatory lines. There are hereby established for the City of Indian Harbour Beach the following three (3) regulatory lines, all of which are shown and located on the map of Exhibit 1 hereof:

(1)

Seawall lines;

(2)

City coastal setback line;

(3)

City coastal construction line; which shall be coincident with the eastern right-of-way line of State Road A1A as the same existed on September 1, 1985.

(c)

Construction requirements east of State Road A1A. The provisions and requirements of Sections 5, 6, 10 and 11 of Brevard County Ordinance No. 85-17 are hereby adopted by reference as of set forth in full in this section in order to regulate all construction east of State Road A1A. Any and all references in the said sections to Brevard County shall be deemed to be references to the City of Indian Harbour Beach, and any references in said sections to codes, agencies or officials of Brevard County shall be deemed to be references to the corresponding or similar codes, agencies or officials of the City of Indian Harbour Beach. References in said sections to coastal setback line and coastal construction control line shall be deemed to be references to the lines established and located in subsections (b)(2) and (b)(3) of this section.

(d)

Regulation of seawalls, bulkheads, etc. No seawall, bulkhead, retaining wall, dike, ramp, approach, walkway, steps, railing or other obstruction shall be built or constructed so that any part thereof extends easterly of the seawall line established in subsection (b)(1) of this section; provided, however, that wooden steps for pedestrian use may be constructed and maintained by a property owner to permit access to and from the Atlantic Ocean beach.

All seawalls or bulkheads shall be constructed to conform to the minimum construction standards for seawalls and bulkheads as established by the ordinances of the City of Indian Harbour Beach and the laws and regulations of the State of Florida and its administrative agencies.

(e)

Restrictions on grading. The city council recognizes that it is essential to preserve the general elevations of the existing dune and ocean bluff vegetation along the Atlantic Ocean within the city. Accordingly, all property grading east of State Road A1A shall comply with the following requirements:

(1)

The area from State Road A1A to the city coastal setback line shall be graded to provide a sloped or terraced terrain upward to not less than fifteen (15) feet above mean sea level.

(2)

The area between the city coastal setback line and the seawall line shall be maintained at an elevation equal to that of the natural dune.

(3)

The elevations established in subsections (1) and (2) of this paragraph are minimum elevations, and prior to any excavation or grading, the owner shall furnish the city with a contour map of the existing ground and a cross section or contour map showing the proposed or finished grades. If the natural terrain is such that the slope elevations from State Road A1A to the city coastal setback line can be raised to an elevation of more than fifteen (15) feet above mean sea level without serious hardship to the property owner, the city reserves the right to set such higher elevation at the city coastal setback line.

(f)

Exceptions to requirements. Except as set forth in paragraph (g) of this section, the provisions shall not apply to those properties or structures for which a final site plan has been approved by the city or for which a building permit has been issued by the city prior to the effective date of this ordinance. [Ordinance No. 85-11].

(g)

Application of these requirements to modifications and repairs. The provisions of this section shall apply to modifications, repairs, extensions and expansions of nonconforming structures, unless such modification, repair, extension or expansion:

(1)

Does not expand the nonconforming structure farther into any area east of the city coastal setback line;

(2)

Meets all of the requirements set forth in Section 10(c)(2) of the Brevard County Ordinance No. 85-17; and

(3)

Has not been necessitated by damage caused by erosion.

(h)

Setbacks from State Road A1A. Any structure located eastward of State Road A1A shall be located a minimum of thirty (30) feet from the western lot line of the parcel on which such structure is located.

(i)

Density calculations. Notwithstanding any other provisions of this zoning ordinance, the seawall line established in subsection (b)(1) of this section shall be, and is hereby established as, the easternmost boundary which will be utilized for the purposes of calculating allowable density for all property lying east of State Road A1A.

(j)

Breezeway and side setback requirements for structures located east of State Road A1A. Any structure located on a lot or parcel eastward of State Road A1A shall be designed such that twenty-five (25) per cent of the lot frontage shall be kept clear as a breezeway from the ocean. In no case shall corner lot side setbacks of structures located east of State Road A1A be less than fifteen (15) feet as measured from the side lot line.

(Ord. No. 85-11, § 1, 10-22-85; Ord. No. 86-6, § 3, 4-8-86)

(a)

As used in this section, the following terms shall have the following definitions:

(1)

Motor vehicle shall mean any self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a highway, except a bicycle propelled solely by human power and any moped having a motor with a manufacturer's certified maximum rating of one and one-half (1½) brake horsepower or less.

(2)

Recreational vehicle shall mean a cargo trailer modified as living quarters, house trailer, motor home, camper, bus, mobile home, collapsible camping trailers, tent trailers, truck campers mounted on a standard pickup truck or similar vehicle or equipment, including any vehicle or part of a vehicle or equipment designed for temporary living quarters for recreation, camping, or travel vehicle having an overall length of twenty-five (25) feet or more.

(3)

Commercial motor vehicle shall mean any motor vehicle designed for use in or actually used in the conduct of any business or commercial enterprise.

(4)

Trailer shall mean any vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle. The term trailer, as used in this section, shall expressly include all recreational vehicles and campers which are not self-propelled and all watercraft mounted on trailers, regardless of size.

(5)

Truck shall mean any motor vehicle designed, used or maintained primarily for the transportation of property.

(6)

Watercraft shall mean any water vessel, canoe, boat, jet skis or similar water vessel regardless of size.

(b)

No truck or commercial motor vehicle shall be parked or stored within any residential zoning classification within the city, except for loading or unloading, if:

(1)

Such truck or commercial motor vehicle has an overall length of twenty-two (22) feet or more; or,

(2)

Such truck or commercial motor vehicle has, regardless of its length, an operating refrigeration unit or an operating portable generator mounted thereon.

(c)

No trailer or watercraft, shall be parked or stored in any residential zoning classification, except to the rear of the front principal building line. Any such vehicles, regardless of their location, shall have attached, at all times, a current vehicle registration license plate or vessel registration, if applicable. A trailer or watercraft may be temporarily parked or stored on the paved portion of the owner's driveway for up to forty-eight (48) consecutive hours.

(d)

No recreational vehicle, trailer or watercraft shall be parked, stored or located within the nonresidential zoning districts of the city in the following areas or locations:

(1)

Within twenty-five (25) feet of any street right-of-way; or,

(2)

On or upon any street right-of-way.

In the R-2 and R-3 Multifamily zoning classifications, recreational motor vehicles, trailers and watercraft may be parked in specific parking areas designated for the parking of such vehicles. In the R-1AAA, R-1AA and R-1A Single-family zoning classifications, no more than a total of two (2) trailers, or watercraft described in this subsection shall be parked on any lot or parcel of land.

(e)

Recreational vehicles, trailers and watercraft are prohibited from being parked, stored or located within a mixed use development developed pursuant to article XIII, section 21 of Appendix A of the Code of Ordinances of the City.

(f)

No enclosed trailer designed for the exclusive purpose of carrying cargo and which has an overall length in excess of fourteen (14) feet shall be parked, stored or located within any residential zoning classification in the city, except for the purpose of loading and unloading the same.

(g)

No trailer shall be connected in any manner to any public utility service except for the purpose of charging batteries therein.

(h)

No trailer located in the city shall be used for office, commercial or residential purposes, including sleeping and house-keeping quarters.

(i)

No trailer designed so that a portion thereof can be folded or collapsed shall be parked or stored except in a manner such that all components thereof are folded or collapsed so that such trailer occupies the smallest possible volume.

(j)

The provisions of this section shall not apply to any water-berthed watercraft or to any motor vehicles or trailers which are stored, parked or located totally within an enclosed garage or warehouse.

(Ord. No. 82-9, § 7, 1-25-83; Ord. No. 84-12, § 1, 9-12-84; Ord. No. 85-10, § 1, 8-13-85; Ord. No. 87-4, § 1, 3-10-87; Ord. No. 2017-10, § 1, 1-9-18; Ord. No. 2023-10, § 1, 10-24-23)

The owner of an existing multifamily development shall not sell any land, structures, structures and land, or individual dwelling units which, taken as a unit after such sale, would not meet the requirements of the district within which the development is located. In addition, the owner of any existing multifamily development shall not sell any land, structures, structures and land, or individual dwelling units if the remainder of such development after such sale, would not meet all requirements of the district within which the development is located.

No structure or dwelling unit within a multifamily zoning district shall be sold unless it can be conveyed in a form which will not violate the district regulations within which the structure or dwelling unit is located, including, but not limited to, parking, yard areas, density, and access.

(1)

[Reserved.]

(2)

Requirements for conduct of home businesses. A home business/occupation shall be located wholly within a dwelling, shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. All home businesses/occupation shall be conducted in accordance with the following provisions:

(A)

No person other than members of the family residing on the premises shall be engaged in such business or any activity incidental thereto conducted on the premises.

(B)

There shall be no display of goods visible from any street or from any adjacent property.

(C)

No sign, name plate or logo which names, advertises or otherwise identifies the home business/occupation shall be permitted on the exterior or interior of the dwelling unit in which the business is located or on or upon the lot or parcel of real property in which the business is located.

(D)

No home business/occupation shall occupy an area greater than twenty-five (25) percent of the first floor area of the residence, exclusive of the area of any open porch, screened room or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached garage or porch which has been converted into living quarters shall be considered as floor area for purposes of this section or shall be used for the conduct of a home business/occupation until two (2) years after the date of completion thereof.

(E)

No home business/occupation shall be conducted in an accessory building. Such business must be conducted wholly within the main residence of the proprietor.

(F)

No motor power other than electric motors shall be used in conjunction with any home business/occupation. The horsepower of such motors shall not exceed one horsepower total for all motors or one-half (½) horsepower for any single motor.

(G)

No equipment or process shall be used in a home business/occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot on which the dwelling unit is located, if the business is in a single-family dwelling unit, or outside the dwelling unit if the business is in a multifamily dwelling unit. No equipment or process shall be used which creates visual or audible electrical or electromagnetic interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises on which the business is located.

(H)

No traffic shall be generated by any home business/occupation in a volume greater than that normally generated by a residence, and any need for parking generated by the home business shall be met off the street and in other than a required yard area.

(I)

Not more than one motor vehicle used in or bearing a sign, logo or other marking identification, advertising or otherwise relating to the home business/occupation shall be parked outside an enclosed area or garage on the premises used for such business or on the street or other parking area adjacent to such business. No other equipment used in such business, including, but not limited to, trailers, generators and construction equipment shall be parked, stored or left in any manner on or about the premises on which such business is located unless the same are in an enclosed area and are not visible from any street or adjacent property.

(3)

Permit requirements. A person desiring to conduct a home business/occupation in a residential zoning district shall first apply to the building official for a permit therefore. Such application shall be on a form prepared by the building official, and shall include, but not be limited to, the following information:

(A)

Name of applicant.

(B)

Location of residence wherein the home business, if approved, will be conducted.

(C)

Total floor area of the first floor of the residence.

(D)

Area of room or rooms to be utilized in the conduct of the home business.

(E)

A sketch showing the floor plan and the area utilized for the conduct of the home business/occupation.

(F)

The nature of the home business/occupation sought to be approved.

(G)

The days and hours of operation of the home business/occupation.

The applicant shall pay at the time of application a nonrefundable application fee as established by resolution of the city council from time to time.

If the building official finds that the home business/occupation described in the application meets the requirements of subsection (2) above, he shall issue a permit for such home business/occupation. The permit shall expire on September 30 next following the date of issuance, except that any permit issued between August 1 and September 30 of any year shall expire on September 30 of the following year. A home business/occupation permit shall be renewed only upon the making of an application and approval as set forth herein for an initial application.

(4)

Requirements for a business tax certificate/receipt. Upon the receipt of said home business/occupation permit, the applicant shall make application to the city for a business tax certificate/receipt as required by chapter 9 of the City Code. The home business/occupation shall not commence operation until the business tax certificate/receipt is issued.

(5)

Revocation of permit and business tax receipt. The home business/occupation permit and said business tax receipt may be revoked in accordance with chapter 9 of the Code of Ordinances.

(Ord. No. 83-1, § 3, 8-23-83; Ord. No. 2011-4, § 5, 10-25-11)

(a)

Purpose and intent. The provisions of this section are intended to regulate the size and location of boathouses, docks and piers located in waterways, canals, public drainage easements and drainage rights-of-way in all residential zoning classifications in the city. This section also provides minimum structural standards for the construction of residential boat docks and piers.

(b)

Definitions. As used in this section, the following terms shall have the following definitions:

(1)

Artificial waterway shall mean any manmade canal, waterway, turning basin or lagoon that has been formed by digging, dredging or other mechanical excavation.

(2)

Banana River shall mean all that body of water within the city described as the Banana River by the U.S. Coast and Geodetic Surveys and by subdivision plats of the city.

(3)

Boathouse means a structure built at the water's edge used for storing boats, which may extend from a seawall or the shore over the water. A boathouse has a roof, and is partially or totally enclosed by sides.

(4)

Boardwalk shall mean that part of any dock or pier constructed parallel or approximately parallel to the shore of any waterway, and which has one side thereof constructed against or along the shore or bank of the waterway for a distance of ten (10) feet or more and the other side thereof located in or along the waterway and designed or capable of being used for the docking or mooring of watercraft.

(5)

Covered boat dock means a structure built at the water's edge or attached to any dock or pier used for storing boats, which may extend from a seawall or the shore over the water. A covered boat dock has a roof, but shall be neither partially nor totally enclosed by sides of any type.

(6)

Canal means a manmade or artificially improved natural waterway at least eighty (80) feet in width which may be used for navigation or drainage.

(7)

Dock and pier mean a platform extending from a seawall or the shore which is used to secure or provide access to boats. A dock or pier is supported by piles or pillars and has no sides or roof.

(8)

Drainage easement or right-of-way means a stream or a manmade or artificially improved natural waterway less than eighty (80) feet in width which has been accepted by the county and recorded as such.

(9)

Length of a dock or pier shall mean the distance from the mean high water line at the landward end or landward side of such dock or pier to that point on the dock or pier nearest the center of the waterway in which such dock or pier is located.

(10)

Navigation channel shall mean that part of any artificial waterway which consists of the center forty (40) percent of the width of such waterway.

(11)

Waterway shall be a collective term, including any artificial waterway and the Banana River.

(12)

Watercraft shall mean any ship, vessel, boat, yacht, raft, barge, houseboat or other floating structure.

(13)

Width of an artificial waterway shall mean the distance measured perpendicular to the centerline of such artificial waterway from the mean high water line on one side thereof to the mean high water line on the opposite side thereof. If either shore of an artificial waterway consists of a bulkhead the width of such waterway shall be measured from the bulkhead.

(c)

Required permits; construction plan.

(1)

A dock permit, if applicable, shall be obtained from the Army Corps of Engineers. The Army Corps of Engineers must also approve any excavation done in conjunction with the construction of a boat dock or pier. In cases where a canal may come under state jurisdiction, permits may also be required from the state department of environmental protection and any other state agency with jurisdiction over the construction of such structures.

(2)

Prior to the issuance of a building permit for a boat dock or pier, a construction plan showing the location of the proposed construction in relation to the existing structures on the site or lot shall be submitted to the building official for approval when the boat dock or pier is proposed to be built in a canal, waterway, public drainage easement or drainage right-of-way and the applicant shall pay to the city such building permit fees as may be established by the city from time to time by resolution. In cases where the building official determines that the proposed dock or pier may interfere with the primary function of the drainage easement or right-of-way, the applicant may be required to obtain approval from the city council.

(3)

A building permit shall be obtained for the construction of a covered boat dock, boathouse, boat dock or pier located in canals, waterways, drainage easements and drainage rights-of-way in the city. Construction of any covered boat dock, boat dock or pier must meet the minimum construction standards specified in subsection (e) of this section. In conjunction with the building permit application for a covered boat dock, boat dock or pier, the applicant shall submit a construction plan bearing the approval of the building official or the city council as described in subsection (c)(2) of this section.

(d)

General requirements.

(1)

A boat dock, covered boat dock or pier shall be an accessory use in all residential zoning classifications in the city. Boathouses shall be prohibited from being constructed in a canal, waterway, drainage easement or drainage right-of-way in the city.

(2)

A boat dock, covered boat dock or pier, including pilings, shall be set back at least ten (10) feet from the extended side-yard property line projected in a straight line into the waterway. Where either of two (2) adjoining or abutting waterfront parcels sharing canal frontage cannot meet the required setback herein then such adjacent or abutting property owners may submit concurrent permits for such structures and there is no minimum side setback from the shared property line for each property owner. Only one (1) such permit may be granted per lot.

Owners of adjoining or abutting waterfront parcels shall enter into a written joint use agreement. All limitations regarding the maximum area of marine improvements shall apply to each property and the maximum marine improvement area allowed for each parcel shall not be combined or modified in any way so as to increase the maximum marine improvement area allowed for either parcel. Marine vessels when secured in any way to a joint marine improvement shall not extend across the property line of any parcel. The aforesaid joint use agreement shall, at a minimum, comply with the following requirements.

a.

The agreement shall contain the name(s) and current home address(es) of both property owners.

b.

The agreement shall identify the waterway upon which the subject parcels are located and shall identify the waterfront parcels involved by legal description. The agreement shall also include a signed and sealed survey of the subject adjoining parcels.

c.

The agreement shall include a drawing of the proposed marine improvement(s) to be constructed, showing the design and dimensions of such marine improvement(s), and where such marine improvements will project from the parcels.

d.

The agreement shall identify those areas that would be subject to access (ingress and egress) easements in conjunction with the joint marine improvement. Such easement(s) shall identify by legal description the property to which the easement attaches and shall be revocable only with the written consent of the city. The rights of each party with respect to such easement(s) shall run with the title to the respective parcels. A drawing identifying the easements shall also be included with the agreement.

e.

The agreement shall identify the responsibilities of each of the parties for the construction and maintenance of the facilities. However, such identification and/or division of responsibilities between parties in the agreement shall not affect the ability of the city to enforce any and all provisions of its Code of Ordinances or Land Use Regulations against the property owner(s) of the joint marine improvement, jointly and severally.

f.

The agreement shall state that the parties understand and agree to abide by all applicable federal, state, and local regulations pertaining to the construction, maintenance, and use of the facilities.

g.

The agreement shall run with the land and be binding upon the parties, their successors, heirs, and assignees and it shall provide that it may not be rescinded or amended without the written consent of the city.

h.

The parties to the agreement shall record the agreement, at their own expense, in the public records of Brevard County. The agreement shall satisfy all requirements for recording, including, but not limited to, those contained in the Florida Statutes. No permit for the construction of a joint marine improvement shall be issued by the city until the parties have first provided to the city a copy of the fully executed agreement and evidence of recording that is satisfactory to the city in its sole discretion.

i.

Prior to execution and recording of the agreement, the parties shall submit a draft of the proposed agreement to the city's attorney for review and comment.

(3)

Except for property abutting the Banana River and the North/South Segment of the Grand Canal, no boat dock, covered boat dock or pier, together with the watercraft being moored at the structure, shall project into a manmade waterway more than thirty (30) percent of the width of the waterway or twenty-five (25) feet, whichever is less, including pilings. For property abutting the North/South Segment of the Grand Canal, no boat dock, covered boat dock or pier, together with the watercraft being moored at the structure, shall project into the canal more than thirty (30) feet. The length of a dock or pier in the Banana River shall be governed by the dock and pier length regulations of the State of Florida and/or the U.S. Army Corps of Engineers. Notwithstanding any other provision of this section, no dock, pier, piling or any watercraft moored to or along a dock, pier or piling shall extend into the navigation channel of an artificial waterway.

(4)

Docks and piers shall be no higher than the property's seawall, if any exists, or no more than three (3) feet above the mean high-water line of the waterway if no seawall exists. No covered boat dock shall exceed fifteen (15) feet in height, as measured from the mean high-water line to the highest point of the roof of the covered boat dock. Construction above the roofline (i.e., sitting areas, sunbathing areas, etc.) shall be prohibited. Maximum height of mooring piles shall be ten (10) feet above mean high water.

(5)

The deck of the dock, pier, boat lift or covered boat dock, including the platform and any walkways attached to the dock, pier, boat lift or covered boat dock which extends out over the water, shall not exceed six hundred (600) square feet in size.

(6)

Structures must permit the clear flow and cleansing action of the water.

(7)

Lighting. All lighting on any dock or pier shall be shielded or shaded in a manner such that the light bulb or other light source is not directly visible from property adjoining and abutting the property on which such dock or pier is located or from property across an artificial waterway from the property on which such dock or pier is located.

(8)

Density of docking facilities in multifamily zoning districts:

a.

No dock or pier or combination of docks or piers located on any parcel or lot in the R-2 or R-3 Multifamily zoning classifications shall be designed or constructed to permit or allow the docking or mooring of more than one watercraft for each twenty-five (25) feet of shoreline of such parcel or lot. For purposes of this subsection, the shoreline of a lot or parcel shall be measured along the mean high water line thereof.

b.

No more than one (1) watercraft per twenty-five (25) feet of shoreline shall be actually docked or moored at or along any dock or pier or combination of docks or piers located on any parcel or lot in the R-2 and R-3 Multifamily zoning classifications. For purposes of this subsection, the shoreline shall be measured along the mean high water line of the parcel on which such docks or piers are located and between the side lot lines thereof.

(e)

Construction standards. In conjunction with all building permit applications, the applicant shall submit two (2) copies of sealed engineered plans and specifications, drawn to scale, with sufficient clarity and detail to indicate the nature and character of the work. The design, construction, alteration and repair of the superstructure of residential boat docks and piers shall conform to the provisions of the Standard Building Code, as adopted by the city. Pile dimensions, spacing and embedment shall be designed according to accepted engineering practices. The applicant shall provide engineered plans and drawings for all docks, piers, boathouses, roofs and boatlifts.

(f)

Final survey. Upon completion of the boat dock or pier, a final survey prepared and certified by an engineer or surveyor registered in the state, showing the as-built location and depicting compliance with the minimum setback requirements for the boat dock or pier shall be submitted to the building official for final approval.

(g)

Maintenance. No owner of any parcel of property in the city shall permit any boat dock or pier located on or contiguous to his property to become dilapidated, deteriorated, structurally unsound, or a safety hazard, or otherwise be in violation of this chapter.

(h)

Special variance rules. Any person aggrieved by the effect of this section shall have the right to request from the board of zoning adjustment and appeals a deviation from the provisions of this section.

(1)

Variances, in addition to the requirements for variances in article XVI, section 2, from the provisions of this section may be approved by the zoning board of appeals upon consideration and determination of the following: the effect the proposed deviation would have on the navigability of the waterway involved; the design, size, and proposed location of the marine improvement for which deviation is sought; the effect, if any, that the proposed deviation would have on any existent marine improvements in the subject waterway. Subject to these standards and criteria, the zoning board of appeals shall approve only the minimum deviation from the provisions of this section necessary to avoid the unnecessary or undue hardship required herein.

(Ord. No. 87-3, § 1, 3-10-87; Ord. No. 87-9, §§ 1, 2, 7-14-87; Ord. No. 2011-4, § 5, 10-25-11; Ord. No. 2019-05, § 1, 7-31-19; Ord. No. 2021-03, § 1, 3-23-21)

(a)

Definitions. Where applicable, words or phrases used in this section shall be defined according to section 2.1-5 of the Code of Ordinances of the City of Indian Harbour Beach.

(b)

Prohibited locations. No person shall cause or permit the establishment of a sexually-oriented business or an adult entertainment establishment:

(1)

Within four hundred (400) feet of another such business or establishment;

(2)

Within four hundred (400) feet of any preexisting religious institution, school, or public park within the city;

(3)

Within six hundred (600) feet of any area within the city zoned for residential use; or

(4)

In any area of the city not described in subsection (c) of this section.

(c)

Permissible locations. Notwithstanding any other provisions of this zoning ordinance, except those contained in subparagraphs (b)(1) and (2) of this section, sexually-oriented businesses and adult entertainment establishments shall constitute a permissible use in the following area of the City of Indian Harbour Beach:

A portion of the southeast one-quarter of the southwest one-quarter of Section 2, Township 27 South, Range 37 East, Brevard County, Florida, being more particularly described as follows:

Begin at the northwest corner of South Harbor Estates, according to the plat thereof as recorded in Plat Book 28, Page 11 of the Public Records of Brevard County, Florida; thence westerly, along the westerly extension of the north line of said South Harbor Estates, to a point on the easterly line of lands described in Official Records Book 919, Page 887 of the Public Records of Brevard County, Florida; thence northwesterly, along the easterly line of said lands, along the easterly line of lands described in Official Records Book 997, Page 129 of the Public Records of Brevard County, Florida, along the easterly line of lands described in Official Records Book 3690, Page 3399 of the Public Records of Brevard County, Florida, and the northerly extension of said lines, to a point on the north right-of-way line of Tomahawk Drive; thence northerly, along the east line of lands described in Official Records Book 3292, Page 8 of the Public Records of Brevard County, Florida, to a point on the north line of the southeast one-quarter of the southwest one-quarter of said Section 2; thence easterly, along said north line, to the northeast corner of lands described in Official Records Book 3278, Page 4436 of the Public Records of Brevard County, Florida; thence southerly, along the east line of said lands, to the southeast corner of said lands, thence westerly, along the south line of said lands, to the southwest corner of said lands; thence westerly, along the southerly right-of-way line of said Tomahawk Drive, to the northwest corner of lands described in Official Records Book 3064, Page 2402 of the Public Records of Brevard County, Florida; thence southerly, along the west line of said lands, to the point of beginning.

(d)

Measurement of distance. The distance between any two (2) sexually-oriented businesses or adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business establishment. The distance between any sexually-oriented business or adult entertainment establishment and any religious institution, public park or school shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the sexually-oriented business or adult entertainment establishment to the closest property line of the religious institution, public park or school. The distance between any such business or establishment and an area zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of such business or establishment to the nearest boundary of the area zoned for residential use.

(e)

Amortization of nonconforming uses. The operation of any sexually-oriented business or adult entertainment establishment which, on the effective date of this Ordinance, is operating, or is found by a court of law to have had a right to operate, within four hundred (400) feet of another such business or establishment, within four hundred (400) feet of a preexisting religious institution, school, public park or area zoned for residential use or within an area other than that described in subsection (c) of this section, shall be discontinued by December 31, 1999.

(f)

Variances. The city council of the City of Indian Harbour Beach, Florida, may grant a variance to the distance requirements of subparagraph (b) above if it finds that:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this zoning ordinance will be observed;

(2)

All applicable provisions of this zoning ordinance and of chapter 2.1 of the Code of Ordinances of the city will be observed; and

(3)

The proposed use will not be contrary to any adopted neighborhood redevelopment plan or land use plan or any downtown redevelopment program.

An application for such variance shall, in addition to the requirements of this subsection, be subject to all of the requirements and procedures for variances set forth in article XVI of this zoning ordinance.

(Ord. No. 99-1, § 3, 2-9-99)

Sec. 21.1 Purpose and Intent. The mixed use development is designed to encourage public and private participation in the enhancement of community appearance and to provide the necessary standards and criteria for review in accordance with expected architectural principals. Furthermore, it is the purpose of the mixed-use development to strengthen the economy of the city by stabilizing and improving property values and to encourage new construction and development that will be harmonious with the existing structures and surrounding areas.

The mixed-use development is intended to allow for a combination of residential, business, professional, office and other retail uses within a single building and/or development site. The mixed-use development is intended to create an urban design which brings new structures, adaptive new uses of structures and to create a main street atmosphere, where residential uses and commercial uses are within walking distance of each other. It is designed to encourage pedestrian flow and to provide a safe and convenient route for the inhabitants of this city to developed public spaces, neighborhoods and shops. To this end, the mixed-use development promotes the following values and objectives:

A.

Unify lands proposed for mixed uses into one (1) cohesive development with compatible uses and to maintain consistency with the goals, objectives and policies of the city's comprehensive plan;

B.

To promote economic development, elimination of blighting community influences, provide diverse range of housing opportunities, protecting existing residential areas, and preserve intrinsic natural and manmade resources;

C.

Create and incorporate design guidelines for renovations, remodeling, redevelopment and new construction;

D.

Provide a unified theme for development while encouraging diversity in design, materials, layout and other characteristics of development;

E.

Establish a set of design standards which include incentives and mandates for all development to follow;

F.

Establish a theme for streetscape, signage, lighting, furniture and other outside features for use within the development when undertaking such a development;

G.

Create and reaffirm, a sense of place and community for the residents of the City of Indian Harbour Beach and;

H.

To meet the goals, objectives and policies of the city's comprehensive plan by renewing and redeveloping blighted areas; to encourage new development to be compatible with adjacent land uses; by promoting the use of innovative land development regulations.

Sec. 21.2

Uses and Buildings. The following uses and buildings are permitted in the mixed-use development:

1.

Except as otherwise provided herein, all non-residential uses must contain an associated residential component. Non-residential uses in the mixed-use development shall be strictly limited to the following:

• Antique Shops

• Art Goods

• Art Studios

• Bakery Sales

• Barber Shops and Beauty Parlors

• Book Stores

• Ceramics (no production)

• Churches, Temples and Places of Worship

• Computer Sales, Service and Repair

• Confectionery and Ice Cream Stores

• General Contractors Administrative Offices only (no outside storage or storage in open vehicles)

• Curio Shops

• Craft Shops

• Dog and Pet Beauty Parlor (with no outside kennels or runs)

• Drug and Sundry Stores

• Floral Shops

• Gift Shops

• Hat Clean and Blocking

• Hobby Shops

• Interior Decorating and Draperies

• Jewelry Stores

• Leather Goods Store

• Liquor Sales

• Luggage Shop

• Mail Order Offices

• Medical Buildings/Clinics and Dental Clinics

• Messenger Offices

• Millinery Stores

• Music Shops

• News Stands

• Optical Stores

• Paint and Wallpaper Stores

• Shoe Stores and Shoe Repair Shops

• Soft Drink Stands

• Souvenir Stores

• Stationery Stores

• Tea Rooms

• Tobacco Stores

• Wearing Apparel Stores

• Banks, Credit Unions and Financial Institutes

• Laundry and Dry Cleaning Pick up Stations, and Tailor Shops

• Commercial Schools offering instruction in Drama, Musical or other cultural activities

• Photographic Studios

• Professional Offices

• Restaurants and Eating Establishments

• Educational or Cultural Facilities

• Public Buildings including Libraries and Government uses

• Bed and Breakfast Lodging Facilities

• Time Share Units

• Parks and Public Recreation Facilities.

• Public Parking

• Drinking Establishments authorized by the State of Florida to serve alcohol shall only be permitted in the B-1 zoning district.

(a)

Prohibited uses and structures. All other uses and/or structures which are not specifically or provisionally permitted are prohibited.

2.

The following non-residential uses may exist in a stand alone structure without any attached residential use:

• Places of Worship, Churches and Temples

• Bed and Breakfast Lodging Facilities

• Educational or Cultural Facilities

• Public Buildings including Libraries and Government uses

• Public Parking

• Banks and Credit Unions

• Drinking Establishment authorized and licensed to serve alcohol by the State of Florida shall only be permitted in the B-1 zoning district

3.

Residential uses shall be permitted in the mixed-use district subject to the following:

A)

Only attached dwelling units on the allowable floors above the non-residential uses are permitted.

B)

The standards set forth below shall apply to all residential uses developed in conjunction with non-residential uses.

1)

The residential density shall be a maximum ten (10) dwelling units per acre, with a minimum of four (4) standard design features in Section 21.4 being incorporated into the site. If eight (8) or more standard design features in Section 21.4 are used, the density may be increased up to fifteen (15) dwelling units per acre.

2)

All residential units constructed as part of a mixed-use building shall have a minimum of one thousand, two hundred (1,200) square feet of floor area, except for one-bedroom units, which shall have a minimum of eight hundred (800 )square feet of floor area.

3)

Garages must be placed behind the principal structures, unless they are incorporated within the structure, in which case the garage door must not face the primary street.

C)

No more than sixty (60) percent of the total mixed use site shall be used for residential purposes.

Sec. 21.3

Minimum Design Criteria

1.

The following minimum design criteria shall apply to a mixed-use development:

A)

Pedestrian Linkage. All mixed-use developments shall include pedestrian crossings, sidewalks or sidewalk linkages. Pedestrian crossings, sidewalks or sidewalk linkages shall be constructed of pavers or concrete. Sites shall also be designed to accommodate pedestrian linkages to adjoining sites.

B)

Parking. There shall be at least two (2) off-street parking spaces for each residential dwelling unit, one (1) of which may be a garage. If no garage is incorporated into the residential dwelling unit then two (2) off-street parking spaces for each residential dwelling unit must be provided. Spaces for the commercial uses shall be calculated to meet a minimum standard of one (1) space per two hundred (200) square feet, except that any development that contains twenty-five thousand (25,000) or greater gross square feet of commercial floor space shall receive a reduction in the required parking of twenty-five percent (25%). Up to ten (10) percent of the parking area for commercial uses may be grass or stabilized material, to promote storm water filtration, however, such areas must be to the side or rear of the structures facing the road way. One-half (½) of any required parking spaces for the commercial use may be 10' × 18' and the remaining parking spaces shall be 10' × 20'. Handicapped parking spaces shall be provided pursuant to the City's Code of Ordinances.

C)

Walls and Fences. Construction, erection, and maintenance of walls and fences shall be governed by the following:

1)

There shall be no permanent fences, walls, plantings or other structures or obstructions erected or maintained exceeding three feet in height within fifteen (15) feet of any right-of-way lines of any street intersection.

2)

A wall or fence erected along or parallel to any street or in any front yard area shall not be permitted to exceed three (3) feet in height.

3)

Any fence or wall which is visible from any public right-of-way shall be designed as an intricate feature of the architectural design of the principal structure. Such design shall include the use of similar materials, colors and finishes as the principal structure. Such fence or wall shall not be opaque.

4)

Walls or fences to the rear and sides of the front building line may be opaque and must use the same material and design as the construction of the main buildings. Unless otherwise provided for herein, these walls or fences must be a minimum of four (4) feet in height and no higher than six (6) feet.

D.

Architectural Design Guidelines. The following architectural design guidelines and standards shall apply to the mixed-use development. In the event that this section does not address a specific criteria or standard, then the general code criteria will prevail.

1)

Architectural elevations of all facades of any structure within a mixed-use development shall be required as an exhibit to the development plan. Such exhibit shall include colors, materials, building dimensions, location of service areas and mechanical equipment, screening devices, site furnishings, lighting fixtures and any other information as determined necessary to insure consistency with the intent of this Chapter and the City's Code of Ordinances. The final approval of all architectural designs shall be determined by the City Council as part of the final site plan approval. Such approval shall include, but is not limited to, roof design, materials, colors, orientation and signage.

2)

Any exterior change of any structure in the mixed-use development shall require review and approval by the City Council. Routine maintenance and replacement of materials which do not affect the approved exterior design shall be exempt from this subsection.

3)

Permitted architectural styles shall be those recognized by design professionals as having a basis in classical, historical, or academic architectural design philosophies. The following shall not be considered recognized or permitted architectural styles:

• Highway architectures commonly described by architectural historians.

• Corporate signature or commercial type architecture, unless such is consistent with other requirements of this Chapter.

• Any architecture having a reference which is so unique and different from current design philosophy that sets references inconsistent and incompatible with the surrounding structures. Examples of such include igloos, tepees, medieval castles, caves and the like.

• Any kitsch architecture which does not resemble a typical structure, but resembles an exaggerated plant, animal, fish, edible food, or other such item such as giant oranges, ice-cream cones, dinosaurs and the like.

4)

The use of vernacular materials such as wood siding, standing seam roofs, multi-light windows, and unique architecture decoration and/or Mediterranean style shall be promoted as the design theme in order to identify the development. The use of thematic parking lot lighting and signage shall be required in the development.

E)

Roof Design Criteria

1)

All roof materials, except Mediterranean style architecture, shall be made of metal shingles, corrugated metal sheet, v-crimp metal sheet or standing seam metal sheet. Metal roofs shall not be painted. Any metal roof which is originally manufactured with the color of steel, tin, grey or hunter or light green are the only approved colors. Mediterranean style architecture shall use an appropriate barrel or other tile roof material in keeping with the material structure.

2)

All buildings shall incorporate sloped roofs with a minimum slope of 4:12.

3)

Roof-like architectural appurtenances such as false roofs, parapets, lean-to roofs, and other similar features will be permitted if determined to be required for acoustical mitigation of mechanical equipment or to visually screen such equipment, and must be an intricate feature of a recognized architectural style. Such features shall be placed on all sides of the structure as a design permits. Stuck on mansards shall not be permitted.

F)

Balconies and Patios.

• Outdoor patio areas of residential units shall be designed to provide maximum visual privacy.

• Balconies may be located on the front of the residential units and shall contain decorative lighting and design features herein. Balconies may be located elsewhere on the buildings.

G)

Lighting Criteria.

1)

Exterior architectural, display or decorative lighting visible from the roadway shall be generated from a concealed light source, low level light fixtures. Color lamps shall not be used.

2)

Street lamps shall conform to the development theme and must be located at any driveway entrance, or pedestrian entrance within 3 feet of the public right-of-way.

3)

All interior lighting shall be so designed to prevent the light source from being visible from the corridor or adjacent structures.

H)

Landscaping Criteria. The following minimum landscaping is required:

1)

There shall be one (1) tree for every thirty (30) linear feet along the property boundary, with hedge material plants planted three (3) feet on center between each required tree. Hedge materials that grow in excess of three (3) feet shall not permitted along the front portion of the properties. Ground cover shall be required in all planting areas. All trees in this area must be a minimum of three (3) inches in diameter at the time of the planting.

2)

Landscaping shall be required between the sidewalk and the roads paved edge. All trees shall be a minimum of three (3) inches in diameter and a minimum of ten (10) feet in height. The landscaping material in this area shall consist of canopy type material and shall be planted one (1) tree every twenty (20) linear feet measured from the inside trunk of the tree to the inside of the adjoining tree.

3)

Drainage swales and open pit type retention areas shall not be permitted in front yards.

I)

Specific Details for General Architectural Treatments.

1)

For Florida vernacular treatments, exterior building materials shall consist of or accurately resemble horizontal or vertical wood siding. Historically correct details, such as door framing, window framing, and corner framing, shall be provided when applicable.

2)

For Mediterranean style architecture, roofs shall be tile and exterior building materials shall resemble coquina stone/facing, shell-based stucco or brick.

J)

Street Scape Improvements. Street scape improvements are required and include those architectural or functional facilities or structures which occur on site but are not part of the building and which encourage and facilitate human interaction with the environment. Examples include, but are not limited to, decorative light fixtures, fountains, sculpture, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacle and enclosures, vendor areas, street signs, bollards and fences.

K)

Signs. In addition to the requirements of Chapter 105, Land Development Regulations, the following shall apply to the mixed-use development:

1)

Commercial business establishment shall be permitted to use any of the described signs with the limitation stated herein.

a)

A ground sign on one (1) street frontage which shall not be in excess of twenty (20) square feet and shall not be more than twelve (12) feet in height.

b)

A wall sign on each side of the building perpendicular to the road or street, not exceeding two (2) signs per building, with a maximum sign area of twenty (20) square feet per sign.

c)

In addition to the signs permitted above, the entire mixed-use development shall be permitted entrance way signs identifying the development only, not exceeding two (2) entrance way signs in number. The purpose of this sign is to identify the location and the name of the development. Such signs shall not exceed one hundred (100) square feet in area and shall not exceed twenty-five (25) feet in height.

2)

The following signs are prohibited:

a)

Marquee, roof signs, vehicle signs, portable signs, billboard signs, projecting signs, spectacular signs.

b)

No sign constructed in the mixed-use development shall be closer than three (3) feet to any sidewalk or pedestrian way.

3)

Any sign constructed shall be designed to be compatible to the structure. The base treatment of all freestanding signs shall be compatible with the principal structure with regard to style, color and finish.

L)

Yard Requirements. All buildings constructed in the mixed-used development shall comply with the following minimum setbacks except as provided in subsections 4) and 5) the following shall apply:

1)

Front setbacks shall be a minimum of ten (10) feet from the road right-of-way and

2)

The rear yard setback shall be a minimum ten (10) feet from the rear property line.

3)

Side setbacks for all unattached buildings or structures shall be separated by a minimum of five (5) feet. For corner parcels, there shall be a corner side set back of fifteen (15) feet from the property line.

4)

Any portion of the mixed-use development that abuts a residential zoning district must conform to the applicable setback requirements of the zoning district applicable to the residential use development.

5)

For any part of the mixed used development that abuts State Road A1A, South Patrick Drive, or the Eau Gallie Causeway, the setback requirements of the zoning district applicable to the mixed-use development shall apply.

M)

Miscellaneous Provisions.

1)

Structures which are situated on corner lots, through lots, or are clearly visible from rights-of-way and public area shall be designed with full architectural treatment on all visible side.

2)

Colors shall be primarily earth tones and pastels (limited to those having a minimum ninety percent (90%) white context) or a color scheme which is inherent to a unique recognized architectural style. No fluorescent, metallic or neon colors are permitted.

3)

All service areas and all equipment (ground or roof) shall be screened using architectural features consistent with the structure, or landscaping to provide opaque screening.

4)

Down spouts shall be enclosed within the building structure in the front and side elevations unless exposed down spouts are part of the original historical architecture.

Sec. 21.4

Mandatory Standard Design Criteria. All buildings are required to include a minimum of four (4) of the twelve (12) following building design features:

A)

All buildings shall have a minimum of any three (3) of the following design features:

• Canopies or porticos, integrated with the buildings massing and style;

• Arcades, a minimum of six (6) feet in width;

• Sculptured art work;

• Raised cornice parapets over doors;

• Peaked roof forms;

• Arches;

• Display windows;

• Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design;

• Gazebos.

B)

In addition to the minimum design feature requirements of subsection A) above, all buildings shall have a minimum of any one (1) of the following design elements:

• Decorative landscape planters or planting areas, a minimum of five (5) feet wide and areas for shaded seating consisting of a minimum of one hundred (100) square feet;

• Integration of specialty pavers, or stamped concrete along the buildings walkway; or

• Water elements such as fountains, statuary and the like.

Sec. 21.5

Conflicts. The specific provisions found in this mixed-use development ordinance shall only apply to a mixed-use development. If there is a conflict between the provisions of this ordinance and other provisions of the city's Land Development Code this ordinance shall prevail.

(Ord. No. 2002-4, § 1, 8-13-02; Ord. No. 2011-4, § 5, 10-25-11)

(a)

Notwithstanding any other provision of this code requiring review by the planning and zoning board or zoning board of appeals, in all residential zoning classifications, side, rear and front setbacks may be partially waived by the building official under the following conditions:

(1)

The waiver shall not apply to special setbacks imposed by sections of this code other than the applicable zoning classification.

(2)

The waiver shall not exceed ten (10) percent of the required minimum setback or setbacks in the specific zoning classification, except as provided in subsection (a)(6).

(3)

The waiver shall not, in the opinion of the building official, have an adverse affect on the neighborhood or general welfare of the area.

(4)

The waiver shall apply only to the principal structure or an accessory structure.

(5)

Total structural coverage of the encroachment shall not exceed ten (10) percent of the total lot area.

(6)

The setback waiver request may be considered up to twenty (20) percent of one (1) setback only if the request is the result of an error discovered during construction of a one-story residence under a valid building permit.

(b)

Applicants for the administrative waiver of setback requirements shall submit a letter to the building official setting forth the specific request and the need therefore. The letter shall have the following documents attached thereto:

(1)

A signed affidavit from all abutting property owners who will be most directly affected by the requested waiver indicating no objection to the requested waiver of setback.

(2)

Verification by certified survey of existing setbacks, and the percentage of the total structural coverage on the lot.

(c)

Failure of the applicant to obtain signatures of all abutting property owners will require a public hearing before the zoning board of appeals for a variance. For the purposes of this section, the term "abutting" does not include lots that touch at only one point.

(d)

Denial of the request for an administrative waiver under the provisions of this section may be appealed to the zoning board of appeals under the provisions of article XVI.

(Ord. No. 2011-4, § 5, 10-25-11)

(a)

Notwithstanding any other provision of this code requiring review by the planning and zoning board or zoning board of appeals, the owner of a lot, parcel or tract of land may request a waiver of minimum lot size, width or depth if the lot does not meet the minimum size, width or depth required by the zoning classification or is inconsistent with the residential density designation of the comprehensive plan and the owner cannot prove nonconforming status. Application for this waiver shall meet the following criteria:

(1)

The waiver shall not exceed ten (10) percent of the required minimum lot size, width or depth as required in the specific zoning classification.

(2)

The waiver shall not, in the opinion of the building official, be inconsistent with the general lot sizes in the neighborhood nor have an adverse affect on the neighborhood or general welfare of the area.

(b)

Applicants for the administrative waiver of lot requirements shall submit a letter to the building official setting forth the specific request and the need therefore. The letter shall have the following documents attached thereto:

(1)

A signed affidavit from all abutting property owners indicating no objection to the requested waiver of lot size, width or depth requirements.

(2)

Verification by certified survey of existing lot size and dimensions.

(c)

Failure of the applicant to obtain signatures of all abutting property owners shall require a public hearing before the zoning board of appeals for a variance. For the purposes of this section, the term "abutting" does not include lots that touch at only one point.

(d)

Denial of the request for an administrative waiver under the provisions of this section may be appealed to the zoning board of appeals under the provisions of article XVI.

(Ord. No. 2011-4, § 5, 10-25-11)

The city council, pursuant to F.S. § 381.986(11)(2017), hereby prohibits and bans the location of medical marijuana treatment center dispensing facilities, as that term is defined and/or used or variations of it are defined and/or used in F.S. § 381.986(2017) or any rule promulgated pursuant to F.S. § 381.986 (2017) from within the jurisdictional boundaries of the city as such boundaries may now exist or as such boundaries may exist in the future.

(Ord. No. 2017-09, § 2, 3, 1-9-18)