For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows:

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word "shall" is mandatory; the word "may" is permissive.

Accessory use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Apartment. (See Dwelling, Multiple Family.)

Arcade. Any establishment which provides coin-operated amusement games or machines on premises which are operated for the entertainment of the general public and tourists as a bona fide amusement facility. Such games and machines may hereinafter be referred to as arcade devices. Except as otherwise provided for herein, the provisions of Section 849.161, Florida Statutes, shall apply to an arcade.

Automotive vehicle. Any self-propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. The phrase shall include passenger cars, trucks, buses, motorcycles, scooters, and station wagons; but shall not include tractors or construction equipment or machinery.

Automotive repair facilities. All buildings or structures of any kind in which there is performed any mechanical overhaul, repair, body work, or painting of automotive vehicles.

Awning. A detachable, rooflike cover, supported by the walls of a building for protection from sun or weather.

Bedroom. A room enclosed by permanent walls and including a clothes closet.

Breezeway. That area which is not obstructed by any building or accessory structure and is essentially free and clear of roofed structures from the ground to the sky. Swimming pools, parking lots, and other recreational structures which do not require buildings with roofs shall be permitted in breezeway areas.

Buffer. A wall, fence, or vegetative screen placed within the yard area with the express purpose of screening adjacent property from noise and sight of the property in question. The type of buffer shall be determined at the time of site plan approval or the issuance of a building permit.

Buildable area. The portion of a lot remaining after required yards have been provided.

Building official. The official charged with the administration and enforcement of this ordinance as provided for in article XXII of this ordinance.

Building or structure. Any structure constructed or used for residence, business, industry or other private or public purposes or accessory thereto; including, but not limited to, sheds, garages, carports, animal kennels, storerooms, billboards, fences, and gasoline pumps, whether stationary or movable.

Business structure. Any separate freestanding commercial building which may contain any number of business establishments having a common roof or facade.

Bulkhead. A retainer wall or structure designed to prevent the erosion of land by water action or acts of nature.

Bulkhead line. An artificial line established in or along the ocean, river, canal, or other body of water, in order to fix and establish the maximum distance from the existing shoreline.

Canal. An artificial watercourse, trench, or ditch for confining water to a defined channel that leads to the Indian River Lagoon or other watercourse that leads to the Indian River Lagoon.

City. The City of Indian Harbour Beach, a municipal corporation of the State of Florida.

Carport. A roofed shelter with or without side walls and without a door, used for parking for one or more automobiles.

Conditional land use. A use that would not be appropriate generally or without restriction throughout a given zoning division or district; but which, if controlled by the city as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.

Council. The city council of Indian Harbour Beach.

Clinic. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists in practice together. The term does not include a place for the treatment of animals.

Court. An open space on the same lot with the principal building and fully enclosed on at least three (3) adjacent sides by walls of the principal building.

Courtesy notice. A notice of public hearing, not required by law, mailed at the city's discretion to property owners within five hundred (500) feet of property which is the subject of said public hearing.

Density. The number of dwelling units allowable within a zoning district per acre of private property. Unless otherwise provided herein, the land area used to compute density may include the area included within easements upon or across the said property, but shall not include the area of adjacent public streets or rights-of-way.

Development. As defined in Section 380.04, Florida Statutes, as amended from time to time.

Development permit. As defined in Section 163.3164, Florida Statutes, as amended from time to time.

District. A zone within the city so designated on the official zoning map.

Dwelling, single-family. A detached residential dwelling unit, other than a mobile home, containing one dwelling unit designed for and occupied by one family only.

Dwelling, two-family (duplex). A detached residential building containing two (2) dwelling units, designed for and occupied by two (2) families.

Dwelling, multiple-family. A residential building designed for three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling unit or living unit. One (1) room, or rooms containing independent cooking and sleeping facilities connected together, constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease and separated from any other rooms or dwelling units which may be in the same structure.

Electronic gaming establishment. Means any establishment which provides any electronic machines, games or devices, including but not limited to, computers and gaming terminals, to conduct games of chance and/or a game promotion pursuant to Section 849.094, Florida Statutes, including sweepstakes, and where cash, prizes, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such redeemed or distributed items are determined by the electronic games played or by predetermined odds. Such games, machines and devices may hereinafter be referred to as electronic gaming devices. This term electronic gaming establishment includes, but is not limited to, internet cafes, internet sweepstakes cafes, and cyber cafes or sweepstakes cafes. This definition is applicable to any electronic gaming establishment, whether or not the electronic machine or device utilized:

(a)

Is server based;

(b)

Uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;

(c)

Uses software such that the simulated game influences or determines the winning or value of the prize;

(d)

Selects prizes from a predetermined finite pool of entries;

(e)

Uses a mechanism that reveals the content of a predetermined sweepstakes entry;

(f)

Predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed;

(g)

Uses software to create a game result;

(h)

Requires deposit of any money, coin, or token, or the use of any credit card, debit card, prepaid card, or any other method of payment to activate the electronic machine or device;

(i)

Requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device;

(j)

Requires purchase of a related product, regardless if the related product, if any, has legitimate value;

(k)

Reveals the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded;

(l)

Determines and associates the prize with an entry or entries at the time the sweepstakes is entered; or

(m)

A slot machine or other form of electrical, mechanical, or computer game. It is the intent of this definition to classify any mechanism utilized at any electronic gaming establishment that seeks to avoid application of this definition through the use of any subterfuge or pretense whatsoever. electronic gaming establishments do not include arcades, regulated pursuant to Section 849.161, Florida Statutes, or the official Florida Lottery.

The term Prize as used herein shall mean any gift, award, gratuity, good, service, credit, or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.

Family. An individual or a group of persons related to each other by blood, adoption or marriage and/or a group of not more than four (4) persons who are not necessarily so related, living together under one roof in a single dwelling unit.

Fence. A vertical row of materials, excluding masonry products, including support structures thereof or decorative feature thereon, placed together or abutting each other in such a manner as to form a boundary or barrier over eighteen (18) inches in height.

Floor area. The sum of the gross horizontal areas of the several floors of a building or buildings measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached buildings. The required minimum floor area within each district shall not apply to accessory uses.

Front building line. A line extending from side lot line to side lot line at the foremost portion of the lot's principal structure.

Garage. An enclosed and roofed structure accessory to a main structure designed for the purpose of storing automotive vehicles and which is not designed or used for habitation and in which no occupation or business for profit is carried on.

Hedge. A row of bushes or small trees planted close together in such manner as to form a boundary or barrier.

Height of building. The vertical distance from a point which is eighteen (18) inches above the crown of the street or road on which a building has its frontage to the inside ceiling of the highest habitable space. However, architectural embellishments, including, but not limited to, mansard, gable, hip, 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 of thirty-five (35) feet 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. For purposes of this definition, the elevation of the crown of the street or road on which the building in question has its frontage shall be measured in the center of the street or road at the mid point between the side lot lines extended to the center of such street or road.

Home business/occupation. Any occupation, profession, or trade conducted from a dwelling unit.

Living area. The area under roof designated primarily for habitation and specifically excluding garages. As used in this zoning ordinance, the total living area shall be computed as follows: The exterior dimensions of all enclosed spaces within the framework of the building unit (length and width), multiplied and totaled, as follows:

(1)

Any room or area accessible from any other room or area within the framework shall constitute living area.

(2)

A room or area must be totally enclosed by walls and covered by roofing.

(3)

A room or area must be protected from the elements.

(4)

A utility room within the framework of the main building and accessible within the main living area constitutes living area.

Loading space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Off-street loading space shall be excluded from all computations of required off-street parking space.

Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. A lot shall have frontage on/or access to, a public or an approved private street, and may consist of:

(1)

A single lot of record.

(2)

A portion of a lot of record.

(3)

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

(4)

A parcel of land described by metes and bounds.

In no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this ordinance.

Lot coverage. The area of a lot that is covered by an impervious surface, including buildings structures and pavement.

Lot frontage. The front of a lot shall be construed to be the portion nearest the street. For purposes of determining yard requirements on corner lots and through lots, the front shall be that portion of the lot where the main entrance to the residence is or shall be located, and yards shall be provided as required under the definition of "Yards" in this section. The intent being that a lot shall only have one frontage.

Lot measurements.

(1)

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

(2)

Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) per cent of the required lot width except in the case of lots on a turning radius where the eighty (80) per cent requirement shall not apply.

Lot of record. A lot which is part of a subdivision recorded in the Public Records of Brevard County, Florida, or a lot or parcel described by meters and bounds, the description of which has been so recorded.

Lot type. The following is a description of lot types:

Corner lot defined as a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

Interior lot defined as a lot other than a corner lot with only one lot frontage on a street.

Through lot, defined as a lot other than a corner lot which abuts on more than one street.

Living unit. (See Dwelling Unit.)

Marina. A place for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including servicing and repair of boats, sale of fuel and supplies, and provision of food and beverages as accessory uses. A hotel, motel or similar use where docking of boats and provision of services thereto is incidental to activities shall not be considered a marina, nor shall boat docks accessory to a multiple dwelling where no boat-related services are rendered be considered a marina.

Mobile food dispensing vehicle means any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to gas, water, electricity, or liquid waste disposal.

Mobile home. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer shall not be considered as a mobile home.

Nonconformity. Any lot, use of land, use of structure, use of structure and premises or characteristics of any use which was lawful at the time of enactment of this ordinance, but which does not, under the provisions of this ordinance, conform with the provisions of the district in which it is located.

Occupational license. Occupational license shall be synonymous with business tax or business tax certificate as that term is used in section 18(4), and (5).

Occupied. The use of a building or land for any purpose shall include occupancy for residential, business, industrial and public use. This shall include the use of land or buildings for manufacturing and storing facilities. The words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied."

Ocean beach. All land or water as measured from the high-water mark of the mean spring tide of the Atlantic Ocean projected easterly one thousand (1,000) feet and projected westerly from the said high-water mark to the easternmost top edge of the ocean bluff line.

Ocean bluff line. The easternmost projection of the top edge of the natural vegetated ocean bluff or dune which meanders along the shore of the Atlantic Ocean, or as established by a United States Coast and Geodetic Survey. In the absence of a clearly defined or recognizable bluff or dune, the city may elect to establish an ocean bluff line by measuring west or westerly a distance of sixty (60) feet from the aforesaid mean high-water mark.

Patio or terrace. An open space on the same lot, adjacent to the main building on at least one side, prepared with a hard, semihard, or improved surface, designated for the purpose or purposes of outdoor living.

Premises. A tract of land with a structure thereon.

Principal use and principal building. The principal building shall be any structure in which is conducted the main or chief use of the lot on which such building is located. In a residential district, any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage, or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building shall comprise a part of the principal building and be subject to all regulations applied to the principal building. A detached and structurally independent carport, garage, or other structure shall conform to the requirements of an accessory building. A detached and structurally independent carport, garage or other structure conforming as an accessory building may be attached to the principal building by an open breezeway. Trailers shall not be used as a principal or accessory structure in the C-P, B-1, P-1, or P-2 zoning districts.

Private club/lodge. The term "private club/lodge" shall pertain to and include associations and organizations of fraternal or social character, or which are maintained in connection with a golf course, tennis facility, yacht club, or other similar recreational facility; and shall not include casinos, nightclubs or other similar institutions operated on a commercial basis.

Public use. Any use of land or structures owned and operated by a municipality, county, state or the federal government or any agency thereof for a public service or purpose.

Recreational equipment (major). Boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Restaurant. Any building or structure or portion thereof, in which food is prepared and served for pay to any person not residing on the premises.

Right-of-way. A path or route which may lawfully be used for the purpose of roads, streets, or alleys, utility and transmission lines or canals.

Road. (See Street.)

Semipublic use. Any use of land or buildings owned and operated by an individual, firm, corporation, lodge or club, either as a profit or nonprofit activity, for a public service or purpose. This shall include privately owned utilities, transportation, recreation and cultural activities and services.

Service station or filling station. Buildings and premises where gasoline, oil, grease, batteries, tires and automotive accessories may be supplied and dispensed at retail, and where, in addition, the following general services may be rendered and sales made:

(1)

Sale and servicing of spark plugs, batteries, and distributors and distributor parts.

(2)

Tire servicing and repair, but not recapping or regrooving.

(3)

Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, and mirrors.

(4)

Radiator cleaning and flushing.

(5)

Washing and polishing, and sale of automotive washing and polishing materials.

(6)

Greasing and lubrication.

(7)

Providing and repair of fuel pumps, oil pumps, and lines.

(8)

Minor servicing and repair of carburetors.

(9)

Emergency wiring repairs.

(10)

Adjusting and repairing brakes.

(11)

Minor motor adjustment and tuneups.

(12)

Sales of cold drinks, package foods, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operation.

(13)

Provision of road maps and other informational material to customers; provision of restroom facilities.

(14)

Rental vehicles.

Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station shall not include a repair garage or a body shop.

Special exception. A use which is generally prohibited throughout the zoning district, but which may become a permitted use upon approval of the zoning board of appeals, as set forth in the City Charter.

Story. That portion of a building included between the surface of any ceiling or roof and the upper surface of the floor immediately below it.

Street. Any public or private right-of-way set aside for public travel which is fifty (50) feet or more in width.

(1)

Street right-of-way line: The property line which abounds the right-of-way set aside for use as a street.

(2)

Street center line: The line midway between the street right-of-way lines.

Structure. (See Building.)

Swimming pool. Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and one hundred fifty (150) square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool regardless of size, unless it is located and designed so as to create a hazard or to be used for swimming or wading.

Terrace. (See Patio.)

Tourist and transient living accommodations. Any place where tourists, transients, travelers, or persons desiring temporary residence may be provided with sleeping, sanitary, or cooking facilities, including, but not limited to, a hotel, a motel, and a group of tourist accommodation units under one management or upon one tract of land.

Townhouse. A group of three (3) or more one-family dwelling units separated by a minimum four-hour fire wall.

Total floor area or gross floor area. The areas of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages.

Trailer shall mean any vehicle with or without motive power designed for carrying persons or property or for being drawn by a motor vehicle defined in Florida Statutes Chapter 320, as amended from time to time.

Travel trailer or mobile camper. A self-powered or nonself-powered vehicle capable of being towed by an ordinary automobile or by the self-powered vehicle upon which it is constructed, whose primary use is temporary lodging while traveling or camping.

Vacant. A building or parcel of land which is neither occupied nor used, or is in a nonuseable state for a period of six (6) months.

Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property or lot of record and not the result of the actions of the applicant, prior to filing of application, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, size of structure, size of yards, and size of open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. No variance shall be allowed for financial or self-imposed hardship. No variance may be granted for a hardship of a personal nature except as provided for in this Code.

Vehicle. Every device capable of being moved upon a public highway or railroad or public waterway and in, upon or by which any person or property may be transported or drawn upon a public highway or railroad or public waterway. This shall include cars, trucks, boats, motorcycles, trains, buses, trailers, travel trailers, mobile campers and other motorized means of conveyance.

Veterinary clinic. A place for the treatment of animals.

Wall. A vertical row of masonry materials, including support structures thereof or decorative feature thereon, placed together or abutting each other in such a manner as to form a boundary or barrier over eighteen (18) inches in height.

Yard. An open space on the same lot with a principal building, unoccupied and unobstructed by buildings or roofed structures from the ground to the sky except as otherwise provided in this ordinance.

(1)

Front yard: The yard extending across the entire width of the lot frontage between the front lot line and the nearest part of a principal building, including covered porches, sheds, and carports. Said distance shall be the shortest distance between the structure and the front lot line.

(2)

Side yard: The yard extending along the side lot line from the front yard to the rear yard, and lying between the side lot line and the nearest part of the principal building, including covered porches, sheds, carports, and storage areas.

(3)

Rear yard: The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building, including covered porches, sheds, carports, garages, and storage areas.

(Ord. No. 98-2, § 1, 7-28-98; Ord. No. 2006-4, § 8, 12-12-06; Ord. No. 2011-4, § 1, 10-25-11; Ord. No. 2021-08, § 1, 6-22-21)