All terms used herein are defined alphabetically.

Accessory structure. A structure used only for parking and storage that is located on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.

Accessory uses. Accessory building or uses customarily incidental to any of the permitted uses.

Alley. A public right-of-way, not over 30 feet in width, providing a secondary means of access and service to abutting property.

Berm. Mounding of soil.

Bifurcated. Split into two or more sections or parts similar to a branch.

Buffer. A permanent barrier, typically composed of vegetation, between a farm field and a stream that helps to maintain water quality; buffer strips slow and filter stormwater while also helping keep soil compact and in place.

Buffer strip. A strip of land of definite width and location reserved for planting of shrubs and trees to serve as an obscuring screen.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

(1)

Building accessory. A "building" subordinate to the main or "principal building" on the "lot" and used for purposes customarily incidental to those of the main building. See "accessory dwelling unit".

(2)

Building, height of. Excluding oceanfront residences, the vertical distance to the intersection of the highest inside finished face of the exterior vertical wall and the highest ceiling, measured from the average natural grade or the minimum flood elevation, whichever is higher. The maximum height of the roof shall not exceed ten feet above the intersection point cited in this definition.

(3)

Building line. A line parallel to the "front lot line" at the minimum required front "setback" line.

(4)

Building, principal. "Building" in which is conducted the primary use of the "lot" on which it is situated.

Building permit. For the purposes of the concurrency management ordinance, a duly issued permit that may authorize the construction of a new building, expansion of floor area, an increase in the number of dwelling units contained in an existing building or a change in use.

Camouflaged communication tower. A tower designated to unobtrusively blend into the existing surroundings and be disguised so as to not have the appearance of a communication tower. Such structures shall be considered communication towers and not spires, belfries, cupolas or other appurtenances usually required to be placed above the roof level for purposes of applying height limitations. Due to their height, such structures must be designed with sensitivity to elements such as building bulk, massing and architectural treatment of both the tower and surrounding development. Camouflaged towers on developed property must be disguised to appear as either a part of the structure housing the principal use or an accessory structure that is normally associated with the principal use occupying the property. Camouflaged towers developed on unimproved property must be disguised to blend with existing vegetation. An example of a camouflaged communication tower is a tower constructed in the form and shape of a tree in order to appear to be part of a forested area, or a tower constructed to appear to be part of the structure such as a gable or chimney.

Carport. An accessory structure or a part of a primary structure that is unenclosed from the ground to the roof on at least two sides, has a roof and supporting columns or beams, and is erected with the intent to store motor vehicles.

Certificate of occupancy. A document issued by the Town allowing the occupancy or use of a building and certifying that the structure or use has been constructed or may be used in compliance with all the applicable municipal codes and ordinances.

Code Enforcement Officer. Any Public Safety Officer or an employee designated as agent of the Town to enforce codes and ordinances of the Town.

Collocation. The installation or mounting of an antenna to an existing tower, building, or other structure with the purpose of transmitting and/or receiving radio frequency signals for communication.

Communication antenna. An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission.

Communication tower. A tower greater than 35 feet in height (including antenna) that supports communication (transmission or receiving) equipment. The term communication tower shall not include amateur radio operators' equipment, licensed by the Federal Communications Commission (FCC). No tower shall exceed 50 feet in height (including antenna) when free-standing, or 40 percent over the building height when placed on top of buildings, except as provided section 161.17 (1).

Designated responsible party. The owner, or any person 18 years of age or older designated by the owner, tasked with responding to requests, complaints, or other problems relating to or emanating from the short-term vacation rental. There shall only be one designated responsible party for each short-term vacation rental. An owner may retain a private property management company to serve as the designated responsible party.

Development. The construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, filling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Development may include, but is not limited to, carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. Development does not include work by electric utility providers on utility infrastructure on certain rights-of-way or corridors and the creation or termination of distribution and transmission corridors. The following activities shall be constructed to involve development:

(1)

Reconstruction, alteration of the size or material change in the external appearance of a structure;

(2)

Change in land use intensity, such as an increase in the number of units in a structure or on the land;

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal;

(4)

Alteration of the land or vegetation in a floodplain or flood prone area;

(5)

Dredging, drilling, except to obtain soil samples, mining or excavation on land;

(6)

Demolition of a structure;

(7)

Clearing of land; and

(8)

Deposit of refuse, solid or liquid waste or fill on land.

The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development."

District. A portion of the incorporated area of the Town within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Driveway. Automobile entryway and exit that leads to or leaves a property along a road.

Dwelling.

(1)

Accessory dwelling unit (ADU). A smaller, stand-alone dwelling unit that shares land with a detached, stand-alone single-family home. ADUs are known by a variety of names around the United States, including granny flats, secondary suites, and accessory apartments. ADUs can be new stand-alone accessory structures or renovated portions of existing stand-alone accessory structures (i.e., detached ADUs). They can also be converted portions of existing stand-alone accessory structures (i.e., internal ADUs), additions to new or existing residences (i.e., attached ADUs), or new stand-alone accessory structures.

(2)

Complex, attached dwelling unit. A building comprised of two or more "attached dwelling units."

(3)

Dwelling, multiple-family. A "building" or portion thereof designed exclusively for occupancy by two or more families living independently of each other and not more than three stories in height. "Multiple-family dwelling" does not include mobile homes, trailers, modular homes or similar structures.

(4)

Dwelling, one-family. A "building" designed exclusively for and occupied exclusively by one family. "One-family dwelling" does not include mobile homes, trailers and similar structures but does include group homes and family day care homes as defined herein.

(5)

Dwelling unit. A "building" or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities. "Dwelling unit" does not include mobile homes or trailers but does include manufactured housing that in appearance resembles housing constructed on-site.

(6)

Dwelling unit, attached. A one-family dwelling attached to one or more one-family dwellings by a common wall.

(7)

Dwelling unit, detached. A dwelling which is not attached to any other dwelling by any means. The "detached dwelling" does not have any roof, wall or floor in common with any other dwelling unit.

Easement. A right-of-way granted for limited use of a private property.

Encroachment. Any protrusion of a vehicle outside of a parking space, display area, or accessway into a landscaped area.

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before September 5, 1979. [Also defined in FCB, B, Section 202.]

Family. One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants; and not more than two persons living and cooking together as a single housekeeping unit not related by blood, adoption or marriage.

Family day care home. A duly state-licensed day care center for five or less children during school hours and ten or less children during non-school hours.

Fence. A barrier, whether with rails, logs, posts, and railing, iron, steel, or other material forming an upright structure enclosing an area of ground to mark a boundary, manage access, or prevent escape.

Filling. The deposition, by any means, of materials in surface waters or wetlands, as delineated in F.S. § 373.421(1), (as defined in F.S. § 373.403(14)).

Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Garage, private. A "structure" for the storage principally of private passenger motor vehicles, or for the private use solely of the owner or occupant of the "principal structure" on a "lot" or of his or her "family" or domestic employees and shall be not more than one "story." No service for profit may be conducted within the "structure."

Group home. A dwelling unit that has been granted a license by the State of Florida to service up to six resident clients that are all unrelated but who act as the functional equivalent of a family. Supervisory and support staff may be present to meet the resident clients' physical, emotional, and social needs, however, the staff are not included in headcount of the dwelling unit.

Hedge. A linear planting of three or more shrubs that are maintained so as to not leave a space between each shrub that is more than two feet wide and six feet high.

Historic building. Any building listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant.

Lagoon. A naturally existing coastal zone depression which is below mean highwater and which has permanent or ephemeral communications with the sea, but which is protected from the sea by some type of naturally existing barrier as defined in F.S. § 373.403(16).

Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Lien. A claim or legal right made against property that is frequently offered as security to pay off debts.

Lot. A parcel of land on which a "principal building" and its accessories may be placed together with the required open space.

(1)

Lot, corner. A "lot" of which at least two adjacent sides abut a street, provided that the two sides intersect at an angle of not more than 135 degrees. A "lot" abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at its points of beginning within the "lot" or at the points of intersection are not more than 135 degrees. In the case of a "corner lot" with a curved street line, the corner shall be considered to be that point of the street and lot lines nearest to the point of intersection of the tangents herein described.

(2)

Lot, interior. A lot other than a "corner lot."

(3)

Lot line, front. In the case of a "lot" abutting upon one street, the "front lot line" is the line separating the "lot" from the "street." In the case of any other "lot," one line shall be elected to be the "front lot line" for the purposes of this chapter provided that it is so designated by the building plans filed for approval with the Town Building Official.

(4)

Lot line, rear. That boundary which is opposite and most distant from the "front lot line." In the case of a lot pointed towards the rear, the "rear lot line" shall be that assumed line parallel to the "front lot line," not less than 30 feet long, lying farthest from the "front lot line" and whole within the "lot."

(5)

Lot line, side. Any lot boundary lines not a "front lot line" or a "rear lot line." A "side lot line" separating a "lot" from a "street" is a "side street lot line." A "side lot line" separating a lot from another "lot" or "lots" is an "interior lot line."

(6)

Lot of record. A parcel of land delineated on a plat recorded with the County Registrar of Deeds.

(7)

Lot, through. A "lot" having "front and rear lot lines" abutting a "street.

Mean high water line. The intersection of the tidal plane of the mean high water with the shore as outlined in F.S. § 177.27.

Mitigation. An action or series of actions to offset the adverse impacts that would otherwise cause a development to fail to meet the SJRWMD criteria. Mitigation usually consists of restoration, enhancement, creation, preservation or a combination thereof.

Motorized vehicle. Includes, but is not limited to, any self-propelled, wheeled, tracked or belted conveyance.

Natural grade. A level that is untouched by building methods like filling, landscaping, or berming.

New construction. For the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 5, 1979, and includes any subsequent improvements to such structure.

Nonconforming building. A "building" or portion thereof existing at the effective date of this Code, or amendments thereto, that does not conform to the provision of this Code or the use regulations of the district in which it is located.

Nonconforming use. A use which lawfully occupied a "building" or land at the effective date of this Code, or amendments thereto, that does not conform to the provisions of this Code, not to the use regulations of the district in which it is located.

Parking. The act of bringing a motor vehicle to a stop and leaving it for a short period of time, usually at a parking lot or by the side of the road.

Person. Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, company, corporation, group or other entity or unit, or federal, state, county or municipal government.

Photovoltaic solar systems. A system of discrete photovoltaic panels that convert solar radiation into electricity through a support system.

Preservation. The protection of wetlands, other surface waters or uplands from adverse impacts by placing a conservation easement or other comparable land use restriction over the property, or by donation of fee simple interest in the property.

Protected area. The area 60 feet east of the platted centerline of Jungle Trail.

Public utilities. Any person, firm, corporation, municipal department or board commission duly authorized to furnish, and furnish to the public, under governmental regulations, electricity, gas, steam, telephone, telegraph, transportation, water, communication or sewage disposal.

Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in F.S. § 320.01)

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Retaining wall. Typically found on a slope, retaining walls are a structure intended to keep eroding soil in place.

Right-of-way. Land reserved or to be used for a street, alley, walkway, drainage facility or other public purpose.

Satellite dish antenna. An antenna with a diameter greater than 20 inches.

Screen. A barrier and visual obstruction created by a living or nonliving landscape material.

Service road. A public or private road that either connects or runs parallel to a main road or highway that helps preserve local road continuity, and gives access to the properties close by.

Setback. The distance required to obtain the minimum front, side and rear open space provisions of this Code.

Sign. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as to show an individual, firm, profession, business, product or message, and which is visible to the general public. "Sign" also includes any object, structure, symbol, display, banner, streamer or other thing, with or without lettering, which is intended to or does identify or attract attention to any privately owned property or premises, or is intended to inform the public of sales, rental, leases or other activities.

(1)

Sign, abandoned. A "sign" which no longer applies to the business, property or site due to the closing of a business, lack of business license or a change in business name, or for any other reason rendering the "sign" not applicable to the premises involved.

(2)

Sign, ground. A "sign" which is located separate from the building and is mounted on the around but not on a pole.

(3)

Sign, illuminated. Any "sign" which radiates internal light and which is visible from any public property or right-of-way.

(4)

Sign, wall. A "sign" which is located on the facade of a "building" or "structure" and is intended to be visible from outside of the property or from any right-of-way open to the public. Such signs may be parallel to the wall, projecting at right angles to the wall or on an awning.

(5)

Sign, multi-faced. A "sign" which has more than two faces.

(6)

Sign, window. A "sign" mounted on a window or on the glass portion of a door.

Solar systems. A system designed to collect solar energy and convert it to other type of energy.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

Street. A public right-of-way or thoroughfare 50 feet or more in width which normally affords the principal means of access to abutting property. This definition includes avenue, boulevard, parkway, court, highway, lane and roadway.

(1)

Arterial street. A heavy traffic street of considerable continuity and used primarily as a traffic artery for interconnectivity among large areas. Width shall conform to the official map.

(2)

Half or partial street. A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved.

(3)

Marginal access street. A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.

(4)

Collector street. A heavy traffic road collecting residential or local street traffic and connecting arterial streets.

(5)

Private street. A privately owned access to abutting property platted, but not dedicated to the general public, with a minimum right-of-way width of 50 feet built to specifications not accepted by, improved or maintained by the Town until the time as the Town may elect to accept the road as a public street.

Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, including establishment of new streets and alleys, additions and re-subdivisions. When appropriate to the context "subdivision" related to the process of subdividing or to the land or area subdivided and filed for record with the Clerk of the Circuit Court of the County.

Swimming pool. Includes the pool deck, coping and all other construction accessory to the swimming pool.

Tree. A woody plant having a well defined stem, a more or less well-defined crown and which has attained a height of at least eight feet with a trunk diameter of not less than three inches, or a cluster of main stems having an aggregate diameter of not less than three inches, at a point four and one-half feet above ground.

Tree, existing. Any self-supporting woody perennial plant which normally attains at maturity a trunk diameter of at least three inches measured four and one-half feet above grade, and having a minimum overall height of 15 feet.

Vacation rental. Any rental dwelling which is rented or leased more than three times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than 30 days, or which is advertised or held out to the public as a dwelling which may be regularly rented or leased for a period of less than 30 days. The term "vacation rental(s)" as used in this chapter shall also mean "short-term vacation rental(s)."

Violators. Those persons or entities legally responsible for violations of this Code.

Yard.

(1)

Yard, front. An open space extending the full width of a "lot" and of a uniform depth measured horizontally at right angles to the "front lot line,"

(2)

Yard, rear. An open space extending the full width of a "lot" and of a uniform depth measured horizontally at right angles to the "rear lot line,"

(3)

Yard, side. An open space extending from the "front yard" to the "rear yard" and of a uniform width measured horizontally at right angles to the "side lot line" and unoccupied from the ground upward except as specified.

Zero-lot line. A term that describes the placement of a structure on a lot when one side rests directly on the lot's boundary line.

(Ord. No. 571, § 1, 5-13-2024)

Any real property which may become subject to a time-sharing program of any kind is prohibited as is the conversion of the use of real property to time-sharing projects.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Intent. The intent of this section is to improve the appearance of certain setback and yard areas and to protect and preserve the appearance, character and value of surrounding properties, and thereby promote the general safety and welfare by restricting the location of satellite dish antennas within residential districts and providing screening requirements. This section shall be considered a minimum standard and shall apply to all land situated in the corporate limits of the Town.

(B)

Building permit required. A building permit is required prior to installation of all satellite dish antennas.

(C)

Restrictions. The following restrictions shall apply to all satellite dish antennas.

(1)

All dish antennas shall be an accessory use. Only one such antenna shall exist at any one time on any residentially zoned lot or parcel. The maximum antenna diameter shall be 36 inches;

(2)

No dish antennas shall be located in any front yard in any residential zoning district;

(3)

All dish antennas shall have setbacks from side and rear lot lines equal to or greater than the height of the proposed dish antenna. In no case shall the required setback be less than 20 feet; and

(4)

All dishes shall be mounted on the ground.

(D)

Screening requirements. All dish antennas shall provide screening in order to shield the antenna from the view of surrounding properties.

(1)

Design standards. The screen shall be comprised of a continuous six foot hedge or completely opaque fence with one tree planted for each 30 lineal feet of screen length, or fraction thereof. The hedge shall be a minimum of six feet in height at the time of planting. Trees planted to meet the requirements of this section shall be a minimum of eight feet in height at the time of planting and shall be a species which shall grow to a mature height of at least 20 feet.

(2)

Location. The screening shall be located along the property line or lines of the lot upon which the antenna is located in a manner which shields the antenna from the view of adjacent residences. The Town Building Official shall approve the location, composition and vegetative species of all screening material. All screening material must be maintained to the minimum specification requirements.

(3)

Modification to screening requirements. These screening requirements above may be adjusted by the Town Building Official upon the applicant's demonstration that unique features of the site warrant a modified screening requirement. The adjustment shall be rendered by the Town Building Official only after a written determination that the proposed adjustment in the screening requirement fulfills the purpose and intent of this section and does not reduce the protection of adjacent property owners.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Intent. The intent of this section is to improve the appearance of certain setback and yard areas and to protect and preserve the appearance, character and value of surrounding properties, and thereby promote the general safety and welfare by restricting the location of solar systems within residential districts and providing for location of solar systems within residential districts and providing for location requirements. This section shall be considered a minimum standard and shall apply to all land situated in the corporate limits of the Town.

(B)

Building permit required. A building permit is required prior to installation of all solar systems.

(C)

Restrictions. The following restrictions shall apply to all solar systems.

(1)

All solar systems shall be an accessory use;

(2)

All solar systems shall be mounted with orientation to the south or within forty-five degrees east or west of due south.

(3)

No solar system shall be located in the front yard or where it is visible from any front yard in a residential zoning district; and

(4)

All solar systems shall have setbacks from side and rear lot lines equal to or greater than the height of the proposed system. In no case shall the required setback be less than 20 feet.

(5)

The area of the system shall not exceed one-half the footprint of the principal structure or 600 square feet, whichever is greater.

(D)

Screening requirements. All non-roof mounted solar systems shall be shielded, to the extent possible, from the view of surrounding properties.

(1)

Design standards. The screen shall be comprised of a continuous six foot hedge or completely opaque fence. The hedge shall be a minimum of six feet in height at the time of planting.

(2)

Location. The screening shall be located along the property line or lines of the lot upon which the solar system is located in a manner which shields the solar system from the view of adjacent residences. The Town Tree Protection Officer shall approve the location, composition and vegetative species of all screening material. All screening material must be maintained to the minimum specification requirements.

(3)

Modification to screening requirements. These screening requirements above may be adjusted by the Tree Protection Officer upon the applicant's demonstration that unique features of the site warrant a modified screening requirement. The adjustment shall be rendered by the Tree Protection Officer only after a written determination that the proposed adjustment in the screening requirement fulfills the purpose and intent of this section and does not reduce the protection of adjacent property owners.

(E)

Compliance. All roof mounted solar systems must be compliant with the Florida State Building Code, the current editions of OSHA, the Florida Electrical Code, the National Electrical Safety Code, and any other applicable codes required by building and manufacturer officials and the applicable conditions listed herein.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Intent. The intent of this section is to improve the appearance of setback and yard areas and to protect and preserve the appearance, character and value of surrounding properties, and thereby promote the general welfare by regulating the location, screening and lighting of tennis courts within residential districts.

(B)

Setback requirements. The following setback requirements shall apply to the location of tennis courts within residential zoning districts:

(1)

All tennis courts shall be located a minimum of 15 feet from any property lines which are adjacent to existing single-family dwellings or land zoned R1A.

(2)

All tennis courts adjacent to multi-family residential or nonresidential developments shall have a minimum separation of ten feet between the court area and the subject property line.

(C)

Regulation of lighting. The lighting of outdoor tennis courts shall be arranged and designed in a manner which shields or reflects lighting from adjacent properties and roadways while maintaining adequate light for recreational purposes. No lighting of outdoor tennis courts shall be permitted after 10:00 p.m.

(D)

Screening requirements. All tennis courts abutting residential property shall provide a continuous six foot hedge along all subject property lines. All hedges shall be a minimum of six feet in height at the time of planting.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Time limit. The use of no more than one dwelling unit solely as a sales office for the sale of dwelling units within the same subdivision or condominium development shall be permitted for a period not in excess of one year commencing the date the first certificate of occupancy is issued in the subdivision or condominium.

(B)

Registration. The use as a sales office of the dwelling unit as a sales office shall be registered as an accessory use with the Town Building Official.

(C)

Extension. The Town Council may, at its sole discretion, extend the permitted one-year period for use of the dwelling unit upon application made by the developer, owner or agent not less than 30 days before expiration of the one-year permit. The extension granted shall not exceed an additional one-year period from the date of the original expiration and shall be based upon unique project size, timing or other extenuating circumstances.

(Ord. No. 571, § 1, 5-13-2024)

(A)

As a part of the required site plan documents presented for developments with direct entry to Highway A1A, the developer shall provide the Town with conceptual approval from the Florida Department of Transportation (FDOT) for access to Highway A1A. Each developer shall have made a request to FDOT for a determination as to whether left-turn storage lanes and right-turn deceleration lanes are needed or are desirable for the development due to the anticipated motor vehicular traffic activity. If left-turn storage lanes or right-turn deceleration lanes are determined to be needed or desirable by FDOT, the developer shall include FDOT approved plans for the lanes and shall complete the lanes at the developer's expense. A time schedule for completion of the lane construction shall be presented for site plan approval.

(B)

Setback requirement. All site plans and plats of land abutting State Road A1A shall be required to provide for the dedication of a 15-foot strip on each side of State Road A1A covered by the site plan or plat. The dedication shall be for the widening of the road for pedestrian and vehicular access and circulation and shall be in a form acceptable to the Town. All minimum setbacks specified in Table 160 shall then be measured from the outer edge of the dedicated strip.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Structures in utility easements. Erection of permanent structures on easements for public utilities is prohibited. This shall include a garage or other building which will prevent or interfere with the opportunity to use or make the easement accessible for essential services, but shall not include concrete walks, paving, or similar objects.

(B)

Roof encroachments into easements and setbacks.

(1)

Setback encroachment. No building roof overhang may extend into any building setback requirement in excess of three feet.

(2)

Easement encroachment. No building roof overhang may extend into any utility or other dedicated easement.

(Ord. No. 571, § 1, 5-13-2024)

A home occupation as defined herein shall be permitted within R1A single-family residence districts, R1B Single-Family, zero lot line residential district and R2A multiple-family residence districts, subject to the following provisions:

(A)

Number of persons engaged. Only those persons who reside on the premises shall be engaged in any home occupation.

(B)

Incidental character and restrictions. The use of the dwelling for the home occupation shall be clearly incidental and secondary to its use for dwelling purposes. The occupation shall not change the character of the dwelling or reveal from the exterior that the dwelling is used for a use other than dwelling purposes. There shall be no display of stock for sale or trade located upon the premises, and no article shall be sold or offered for sale except such as may be produced on the premises or is utilized in conjunction with the home occupation. The manufacturing of a product for resale shall not be produced with mechanical or electrical equipment which is not normally found in a dwelling and considered as purely a domestic implement. No sign shall be displayed which would be visible from the street and no vehicle displaying the business name of the home occupation shall be parked so that the sign is visible from a public or private right-of-way or adjacent residential properties. There shall be no outdoor storage of business equipment, materials or merchandise.

(C)

Usage. Any use of a dwelling contrary to these provisions or which creates or may create objectionable noises, fumes, odors, dust, electrical interference or greater than normal residential traffic shall be expressly prohibited.

(D)

Required business tax receipt. Any individual who promotes or solicits a home occupation by displaying, advertising or using in any fashion his home address; provides or conducts a home occupation as defined herein; or proffers home occupation services as defined herein shall be required to obtain a business tax receipt from the Town permitting said home occupation. The offering of articles for sale in isolated situations shall not be considered as a home occupation or require business tax receipt.

(E)

Permit application. Application for a business tax receipt for a home occupation shall be made to the Town Building Department, setting forth the address of the subject premises, the type of home occupation desired and the area of the dwelling to be utilized for same.

(Ord. No. 571, § 1, 5-13-2024)

(A)

General bulk requirements for screen enclosures and swimming pools.

(1)

Definition of screen enclosure. "Screened enclosure" shall mean those enclosures utilizing screen on sides and on the entire top. Screened enclosure for purposes of this chapter does not include screened areas utilizing material other than screen on top except that material needed for support of the screen.

(2)

Districts where permitted. Screened enclosures with or without swimming pools is a permitted accessory use in R1A single family; R1B single family; Zero-lot line; R2A single family; Multi family zoning districts and any subsequently adopted residential zoning unless specifically prohibited.

(3)

Side and rear setbacks.

(a)

Screened enclosures must be set back a minimum of ten feet from side and rear lot lines, unless the parcel in question is a zero-lot line property, in which case it may be built up to zero side.

(b)

Swimming pools including walkways, decks and any structure utilized with the swimming pool without a screened enclosure must be set back a minimum of ten feet from side and rear lot lines.

(c)

The height of side walls of screened enclosures shall not exceed nine feet. The maximum height of a screened enclosure shall not exceed 12 feet. If the screened enclosure is within a single-family residential setback, the screened enclosures can be to a height of 30 feet or to the residence roof line, whichever is less.

(d)

Further requirements about pool enclosures and equipment can be found in 2023 FBC-B 8th Edition Section 1612.4.2 and ASCE 24, Section 9.6.

(B)

Swimming pools in the front yard

(1)

No pools in minimum front yard setback. No pools shall be permitted in the minimum building setback portion of the front yard.

(2)

Criteria for pool location in other portions of front yard. A front yard pool may be permitted, other than in the minimum setback portion of the front yard, upon a finding by the Planning, Zoning and Variance Board that the following criteria are met:

(a)

There is a minimum distance of 50 feet from the property line or the street right-of-way (whichever is farthest) to any part of the pool, including walkways and other improvements used in connection with the pool;

(b)

The pool equipment and related structures are screened from view from the street and adjoining properties by a combination of walls and landscaping, including hedges and plantings;

(c)

The pool and related structures are in harmony with, and compatible with, other residences in the neighborhood in material, size, structure and design; and

(d)

The placement of a pool will not have a substantial adverse economic affect on adjoining and surrounding residences.

(3)

Application, notice and site plan.

(a)

Notice. Notice of a front yard pool application shall be mailed to adjoining neighbors by the Town Building Department at least 20 days prior to application being heard by the Planning, Zoning and Variance Board.

(b)

Site plan requirements. Any applicant for a front yard pool shall submit a site plan setting forth the above required information. The Planning, Zoning and Variance Board shall review the site plan and issue approval only if all requirements as set forth herein are met.

(C)

Setback and elevation of swimming pools on residential lots abutting inland waterways.

(1)

Applicability. This chapter applies to swimming pools constructed on residential lots abutting inland waterways as defined in Chapter 170, definitions of the Land Development Code, Town of Indian River Shores. This chapter shall only apply to swimming pools constructed after the original date of this chapter.

(2)

Setback for swimming pool. No part of the swimming pool as defined herein may be located within ten feet of the rear lot line or ten feet of the mean high water line, whichever is closest to the residence.

(3)

Elevation of pool or related fence, and wall. The maximum elevation of swimming pools shall not exceed the finish floor of the first level of the residence. Any fence or wall to be constructed in connection with the pool, and located within 25 feet of the mean high water line, shall not exceed four feet above the deck of the pool.

(4)

Screen enclosures. No screen enclosure shall be constructed within 30 feet of the mean high water mark. This provision shall apply prospectively only and shall not prevent repair, reconstruction or replacement of any pool screened enclosure in existence within 30 feet of the mean high water mark at the time of the original adoption of the ordinance from which this chapter is derived.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Specifications of a communication tower. See definition in Chapter 170 for standard height and placement of equipment.

(B)

General requirements.

(1)

Compliance with applicable federal regulations. Communication towers and communication antennas must comply with all applicable Federal Aviation Administration (FAA) and FCC Regulations.

(2)

Height of tower. The tower shall not exceed 50 feet in height (including antenna) when free standing, or 40 percent over the building height when placed on top of buildings unless the Town undertakes a comprehensive assessment of the communication needs for the Town and determines a greater height is necessary. Among the considerations of the Town shall be the quality of cellular service, the collocation of service providers on one tower, camouflage considerations and projected future needs for reasonable coverage within the Town. The considerations listed herein are meant to be illustrative only and all other provisions set forth in section 161.17 shall be considered and applied as the facts warrant.

(3)

Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication towers shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for, or in supplement towards, meeting landscaping requirements.

(a)

A row of trees a minimum of eight feet tall and a maximum of 25 feet apart shall be planted around the perimeter of the fence;

(b)

A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above; and

(c)

All landscaping shall be of the evergreen variety.

(4)

Type of construction. Communication towers shall be monopole construction whenever possible. Other forms of camouflaged communication towers may be considered, provided however in granting a request for such towers, the Town's Planning, Zoning and Variance Board shall consider:

(a)

Compatibility with adjacent properties;

(b)

Architectural consistency with adjacent properties;

(c)

Visual impact on adjacent properties, including visual access of adjacent properties to sunlight; and

(d)

Design of accessory structures in order to be architecturally consistent with the existing structures on the site. A variance/waiver from the fencing and landscaping requirements of this section may be requested for such accessory structures.

(5)

Development criteria. Communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space.

(6)

Illumination. Communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration.

(7)

Collocation.

(a)

Monopole towers. Monopole communication towers shall be engineered and constructed to accommodate a minimum of one additional communication service provider.

(b)

Camouflaged towers. Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers.

(c)

Within electrical substations. Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all of the requirements of this section.

(d)

Public benefits. If the Town determines that the proposed tower is situated in a location that benefits the Town's telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at no cost to the Town.

(e)

Collocation on-site. A communication tower which is being rebuilt to accommodate the collocation of an additional communication antenna may be moved onsite within 50 feet of its existing location; however the antenna shall meet all setback requirements. After the communication tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(f)

Relocation measurements; violations. A relocated onsite communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of any other section. The onsite relocation of a communication tower which comes within the separation distances to residentially zoned lands or residential uses shall require variance approval.

(8)

Non-interference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities.

(9)

Documentation. Documentation to demonstrate conformance with the requirements of this chapter shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. A statement by the applicant as to how construction of the communication tower will accommodate collocation of additional antennas for future users shall be included with the documentation.

(10)

Signs and advertising. The use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banners or streamers is prohibited.

(11)

Abandonment. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to:

(a)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(b)

Dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within 180 days of abandonment, the Town may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable at the same rate and in like manner as provided for special assessments by state law. At the earlier of 181 days from the date of abandonment without reactivation, or upon completion of dismantling and removal, any special exception, waiver and/or variance approval for the tower shall automatically expire.

(C)

Communication towers and communications antennas in zoning districts of Town.

(1)

Location. Communication towers and communication antennas must locate on existing tower or buildings wherever feasible.

(a)

When located on top of buildings, communication towers shall be set back at least ten feet from the edge of the buildings;

(b)

Communication towers and communication antennas shall not exceed greater than forty percent of the building height; and

(c)

Shall not be subject to the performance and construction standards for free standing towers contained elsewhere in this chapter pertaining to separation distances, fencing, landscaping and collocation.

(2)

Placement on utility poles prohibited. Utility poles shall not be considered towers or buildings upon which antennas and/or towers are to be located.

(3)

Freestanding towers. New freestanding communication towers/communication antennas shall not be allowed unless the applicant:

(a)

Secures a waiver pursuant to the Land Development Code requirements upon an affirmative showing:

(i)

That existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and

(ii)

That the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a free standing tower/antenna; and

(b)

Secures a conditional use approval, pursuant to the Land Development Code, to place the communication tower and/or communication antenna within one of the following zoning categories:

(i)

C1A limited commercial,

(ii)

P public district, or

(iii)

AG agricultural.

(D)

New facilities. New communication towers shall conform to the following:

(1)

Site plan required; design. New communication towers shall require full site plan submittal. The engineer shall certify that the tower is designated such that in the event of collapse it will fall within the specified fall radius equal to 110 percent of the tower height and, if applicable, the facility is properly designed to accommodate antenna collocation. The following shall also apply:

(a)

No existing structure is, or may be located within, the fall radius of a tower;

(b)

New tower sites may be required to provide one stabilized, sodded parking space;

(c)

The perimeter of communication tower base, all ground mounted support equipment, driveways and parking shall be screened in accordance with the off-street parking requirements of the Town of Indian River Shores Landscape and Tree Protection Ordinance; and

(d)

Chain link fencing at tower bases and ground mounted support facilities shall be coated with black or green vinyl.

(2)

Height limitations. The tower shall not exceed 50 feet in height (including antenna) when free standing, or 40 percent over the building height when placed on top of buildings unless the Town undertakes a comprehensive assessment of the communication needs for the Town and determines a greater height is necessary. Among the considerations of the Town shall be the quality of cellular service, the collocation of service providers on one tower, camouflage considerations and projected future needs for reasonable coverage within the Town. The considerations listed herein are meant to be illustrative only and all other provisions set forth in section 161.17 shall be considered and applied as the facts warrant.

(3)

Structure type. New commercial communications towers shall be only of a monopole or camouflage design.

(4)

Restrictions on non-collocated towers. Commercial communication towers not designed for collocation must have a minimum site separation distance of 5,000 feet. Towers designed for collocation and with at least two providers at the time of site plan approval may have a minimum site separation of 1,500 feet.

(E)

Application. Any application for new communication facilities covered by this chapter shall be on a form prescribed by the Town and shall be accompanied by a reasonable charge as established by the Town Building Official for processing such application, including a reasonable charge for technological expertise to assist Town staff in evaluating the request.

(F)

Use of Town right-of-way. Any prospective user of Town owned right-of-way for communication facilities as contemplated in the Telecommunications Act of 1996 shall make reasonable payment for use of Town right-of-way in an amount permitted under the act. The Town may engage technological expertise and determine a reasonable charge for such use.

(G)

Applicability.

(1)

All new communication towers and communication antennas in the Town shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances as listed in this chapter shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

(2)

All communication towers legally existing on the effective date of this chapter shall be considered permitted uses allowed to continue their usage as they presently exist; provided however anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of this chapter. Routine maintenance shall be permitted on such existing towers.

(3)

All government towers with public safety systems or equipment shall be exempt from this section.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Vacation rental registration.

(1)

For purposes of vacation rental regulations, "bedroom" is defined as follows: any room used principally for sleeping purposes and meeting applicable building code requirements for a bedroom.

(2)

The owner of a vacation rental unit or the designated responsible party shall obtain a separate registration form required for each vacation rental unit. A registration may be transferred to a new owner upon submission of updated registration information and execution of, and assumption of, registration obligations and conditions on a form provided by the Town Building Department.

(a)

Registration shall be managed by the Town Building Department.

(b)

A vacation rental registration form, supplemental to the local business tax application, shall be submitted to the Town Building Department.

(c)

Prior to issuance of a business tax receipt, an inspection of the vacation rental unit shall be conducted by the plan reviewer for compliance with the requirements of this section.

(3)

Registration form submittal requirements are as follows:

(a)

Rental unit owner and designated responsible party contact information (cell phone number, email address, mailing address).

(b)

Documentation that the applicant has obtained the following:

1.

State DBPR license for vacation rental unit.

2.

Local business tax receipt from the Town of Indian River Shores.

3.

Local tourist tax account from the Clerk of the Circuit Court.

(c)

Parking compliance information: number of garage and/or carport spaces, maximum number of bedrooms, maximum number of automobiles allowed, and location of spaces on improved or stabilized driveway.

(d)

Verification that carbon monoxide alarms, if required by code, and state licensed fire protection items have been provided in the vacation rental unit: smoke alarms, emergency lighting, and fire extinguisher.

(e)

Unit interior under air information: square footage and number of bedrooms.

(f)

Acknowledgment form executed and dated by the rental unit owner and/or designated responsible party. The acknowledgment form shall provide information regarding the following Town requirements for vacation rentals:

1.

Prohibition for commercial events at residence, including weddings.

2.

Special parking regulations.

3.

Noise regulations: Compliance with the provisions of section 96.06 of the Town Code of Ordinances relating to prohibition of certain noises and further that there be no excessive noise that would cause annoyance to any reasonable person of normal sensitivity from 10:00 p.m. to 7:00 a.m. No amplification system, device or sound system speakers, shall be used outdoors or directed outdoors in a manner that is audible from an adjacent residential property.

4.

Sea turtle protection and dune protection (for rental units east of State Road A1A).

5.

Limitation of dock/boat use (for waterfront rental units): No more than two boats moored per dock; dock used by unit owner or renter only; no live-aboard use.

6.

Fire safety requirements and maximum sleeping occupancy limitations.

7.

Fines and citation penalties for violations.

(g)

Acknowledgement that the following information will be posted or displayed inside the vacation rental unit prior to inspection of the unit by the Town staff and shall thereafter be continuously posted or displayed inside the vacation rental unit:

1.

Property address.

2.

Designated responsible party contact information:

a.

The name and telephone number of the designated responsible party shall be prominently posted on the front exterior of the short-term vacation rental in a place visible to the public.

b.

The designated responsible party must be available at the posted telephone number 24 hours a day, seven days a week and capable of directly responding, or directing a designated agent to directly respond, to and resolve any issues or concerns raised by transient occupants, Town staff, or law enforcement when the short-term vacation rental is occupied. If necessary, the designated responsible party must be willing and able to come to the short-term vacation rental unit within two hours following notification to address any issue that is not capable of being addressed by telephone.

3.

Maximum number of parked automobiles, boats, and approved parking locations.

4.

Trash and recycling pick-up days and protocol for placing and retrieving waste management containers.

5.

Noise regulations: No excessive noise that would cause annoyance to any reasonable person of normal sensitivity from 10:00 p.m. to 7:00 a.m.

6.

Location of smoke alarms, emergency lighting, and fire extinguisher.

7.

Emergency information.

8.

Maximum sleeping occupancy (number of persons).

(h)

Acknowledgment that the applicant has contacted any applicable property owner's association or homeowners/condominium association and is aware of private restrictions, if any, that may affect operation of a vacation rental at the subject residence.

(i)

Alternative compliance procedure. A homeowner's association may deliver a letter to the Town Manager certifying that procedures have been adopted within its development for short-term rentals that meet and exceed the provisions of this section. Upon receipt of this certification, the Town Manager shall issue a letter of compliance for short-term rentals within that development and no further registration shall be required.

(B)

Vacation rental local regulations.

(1)

To the extent that there is no conflict with these vacation rental regulations, all Town regulations applicable to a residential unit that is not operated or used as a vacation rental unit shall also apply to a vacation rental unit.

(2)

Parking and storage of boats and recreational vehicles shall conform to the requirements of Land Development Code 161.01.

(3)

Vacation rental special parking regulations:

(a)

For a vacation rental, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom, plus one, not to exceed a total of five automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway that has been permitted and not within any required yard area.

(b)

For all vacation rentals, all automobiles, except for service and delivery vehicles, shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway that has been permitted.

(c)

Automobiles parked with a designated and improved or stabilized driveway shall not obstruct any sidewalks or pedestrian walkways.

(4)

The overnight maximum sleeping occupancy of a vacation rental unit shall not exceed two persons per bedroom plus two additional persons. Notwithstanding the above, a maximum (cap) of ten persons shall apply to each unit whether the unit is served by public sewer service or by an on-site sewage treatment and disposal system (septic/drain field system). The unit occupancy limit shall be stated on the local license.

(5)

Fire protection items required for the vacation rental license shall be provided in the vacation rental unit. In addition, a carbon monoxide (CO) alarm, when required under section R315, carbon monoxide alarms of the Florida Building Code-Residential, shall be provided.

(6)

Changes in the designated responsible party and/or changes in the designated responsible party's contact information shall be provided to the Building Department within ten days of the change.

(7)

The local business tax receipt number, the occupancy limit, the maximum number of vehicles allowed to be parked on site outside any garage or carport, and the noise regulations statement contained in these regulations, shall appear or be stated in any vacation rental unit advertisement or any rental offering associated with a vacation rental unit.

(8)

Each year, the applicant shall submit a copy of a valid current state license to the Town Building Department upon renewal of their business tax receipt.

(C)

Interim operation of vacation rental unit. Because of the length of time it may take to comply with all of the new requirements on this section, all short term vacation rental owners may lawfully operate until January 31, 2020, to obtain a local business tax receipt from the Town and come into full compliance with the new standards and requirements imposed by this section. All short term vacation rental owners who do not comply with this section within the aforementioned period will receive a citation of violation of these regulations. Once cited, short term vacation rental property owners will have 30 days to come into compliance with the regulations or incur a fine set by the Code Enforcement Board.

(D)

Claim of contract impairment. It is not the intent of this section to impair any existing contracts, leases, or reservations that are evidenced by writing. An owner who asserts the enacted ordinance amendment impairs a short term vacation rental contract in effect on or before January 31, 2020, shall submit the contract, lease or reservation, evidenced in writing, to the Town Building Department for review and consideration.

(E)

Enforcement.

(1)

Enforcement of compliance with the administrative provisions of short term vacation rentals shall be by the Town Building Department. If requirements for registration or other administrative provisions are not complied with, a notice of non-compliance shall be mailed to the owner or owner's agent of record giving 30 days to bring the vacation rental unit into compliance. Failure to comply will result in suspension of the right to operate the residence as a short-term vacation rental. During any period of suspension, a unit may not be operated as a short-term vacation rental.

(2)

Matters relating to public health and safety including illegal commercial use, noise, parking violations, sanitation issues, and number of persons on site shall be by the Public Safety Department or by the Town Building Department. A written warning of violation shall be first given and if the violation continues or is repeated, then a notice of violation shall be issued which shall be enforced by referral to the Town Code Enforcement Board.

(3)

A first violation of this section, upon referral to the Code Enforcement Board, shall result in a fine levied by the Code Enforcement Board of up to $250 per day of violation. A subsequent violation shall result in a fine of up to $500 a day for each day of violation.

(4)

In addition to any other remedy available to the Town, the Town or any adversely affected party may enforce this section in law or equity. Any citizen of the Town may seek injunctive relief to prevent a violation of this section.

(F)

Schedule of regulatory fees. A fee schedule shall be adopted by resolution of Council for initial registration, renewals, transfer of ownership, and for such other reasonable charges of regulation as Council determines necessary.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Location criteria

(1)

Intersection criteria. A maximum of one convenience store with or without fuel sales shall be allowed at an intersection.

(2)

Separation criteria. A convenience store with or without fuel sales shall be separate from any other similar establishment.

(B)

Development standards

(1)

Architectural style. Gas station and convenience stores shall achieve architectural compatibility with structures on the same parcel and on adjacent parcels, including texture, paint color, and similar building materials. Fuel pump canopies and any other permitted accessory structures shall also be compatible with the principal building.

a.

All convenience stores with or without fuel pumps abutting residentially zoned property shall use the same architectural style, details, and materials on all sides of the building.

(2)

Maximum height of canopy. The maximum height of the bottom of the canopy shall not exceed 16 feet. The canopy shall not exceed the maximum height of the principal building.

(3)

Canopy limit. No more than one canopy shall be permitted on the same property.

(4)

Maximum canopy lighting level. Canopy lighting shall not exceed a maintained lighting level of 30 footcandles measured horizontally at grade.

(C)

Access. Sidewalks shall be provided from the primary entrance of the convenience store to the public sidewalk.

(Ord. No. 571, § 1, 5-13-2024)