This chapter may be commonly referred to as the "Melbourne Comprehensive Planning Ordinance."

(Ord. No. 92-39, § 3, 9-8-1992)

As used in this part, and unless the context clearly indicates otherwise:

Act means and refers to the Community Planning Act, F.S. §§ 163.2511—163.3253 as the same may be amended or supplemented from time to time.

Community development director means and refers to the city official holding said title and appointed by the city manager, or the community development director's designee, as designated by the community development director.

Comprehensive plan means and refers to the city comprehensive plan designated in section 4.04, appendix D, City Code of Melbourne, Florida.

Land development regulations means and refers to ordinances enacted by the city council for the regulation of any aspect of development and includes zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land.

Local planning agency means and refers to the planning and zoning board designated in section 2-330, City Code of Melbourne, hereafter referred to as "board."

Major amendment shall mean and refer to an amendment to the comprehensive plan other than a minor amendment, DRI amendment, or emergency amendment to the comprehensive plan.

Minor amendment shall mean and refer to any proposal to amend the comprehensive plan that is commonly referred to as a "small scale amendment." A small scale amendment is an amendment that involves a residential land use of ten acres or less or involves other land use categories, singularly or in combination with residential use, of ten acres or less; and the cumulative effect of the above amendments shall not exceed 120 acres annually.

Public facilities means and refers to the transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities, public health systems or facilities, and spoil disposal sites for maintenance dredging located in the intracoastal waterway, except for spoil disposal sites owned or used by ports listed in F.S. § 403.021(9)(b).

Rendition means the filing of a written determination with the secretary of the local planning agency/planning and zoning board.

Reviewing agency means the state land planning agency, the appropriate regional planning council, the appropriate water management district, the Department of Environmental Protection, the department of state, and the Department of Transportation, in the case of plan amendments relating to public schools, the Department of Education, in the case of plans or plan amendments that affect a military installation listed in F.S. § 163.3175, the commanding officer of the affected military installation, in the case of county plans and plan amendments, the Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services; and in the case of municipal plans and plan amendments, the county in which the municipality is located.

State land planning agency means and refers to the State of Florida department, division, or bureau designated in the act as the state agency that reviews comprehensive plans and amendments thereto.

(Ord. No. 92-39, § 4, 9-8-1992)

The city council hereby declares that the purpose and intent of this chapter is to provide for the city a comprehensive plan which will guide future growth and development; encourage the most appropriate use of land, water, and other resources; promote and protect the public health, safety, comfort, good order, appearance, convenience, aesthetics, and general welfare; prevent the overcrowding of land, avoid undue concentration of population; provide adequate and energy-efficient transportation, water, sewage, drainage, fire protection, law enforcement, schools, parks, recreation facilities, housing, and other services, facilities and resources; and conserve and protect natural resources within and outside the city to the extent specified in the comprehensive plan or in an interlocal agreement with an adjacent local government, while protecting private property rights by the adoption of this chapter and cooperation between the planning and development activities of the city, Brevard County, other local governments, regional agencies, state government, and private property owners.

(Ord. No. 92-39, § 5, 9-8-1992)

The city's comprehensive plan consists of the one volume book adopted by Ordinance No. 2009-48 on January 12, 2010 entitled Comprehensive Plan - City of Melbourne, January 2010; which comprehensive plan includes ten elements entitled Future Land Use, Public School Facilities, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination, and Capital Improvements, an introduction/definition section, and a map atlas, together with amendments adopted by Ordinance No. 2010-10, adopted March 9, 2010; Ordinance No. 2010-28, adopted July 13, 2010; Ordinance No. 2010-31 and Ordinance No. 2010-32, adopted June 22, 2010; Ordinance No. 2010-54 and Ordinance No. 2010-57, adopted December 14, 2010; Ordinance No. 2011-22, Ordinance No. 2011-24, and Ordinance No. 2011-25, adopted July 12, 2011; Ordinance No. 2011-43, adopted September 20, 2011; Ordinance No. 2011-48, adopted October 11, 2011; Ordinance No. 2012-03, adopted January 24, 2012; Ordinance No. 2012-08, adopted February 28, 2012; Ordinance No. 2012-16, adopted April 24, 2012; Ordinance No. 2013-14, Ordinance No. 2013-16, Ordinance No. 2013-17, and Ordinance No. 2013-18 adopted March 26, 2013; Ordinance No. 2013-28, adopted April 23, 2013; Ordinance No. 2013-40, adopted June 25, 2013; Ordinance No. 2013-56 adopted October 22, 2013; Ordinance No. 2013-63, adopted December 10, 2013; Ordinance No. 2014-01 and Ordinance No. 2014-05, adopted January 28, 2014; Ordinance No. 2014-22, Ordinance No. 2014-23, and Ordinance No. 2014-25, adopted May 13, 2014; Ordinance No. 2014-37, adopted July 8, 2014; Ordinance No. 2014-49, adopted September 11, 2014; Ordinance No. 2014-61 and Ordinance No. 2014-64, adopted November 11, 2014; Ordinance No. 2015-19, adopted May 26, 2015; Ordinance No. 2015-21, adopted June 9, 2015; Ordinance No. 2015-24, adopted July 14, 2015; Ordinance No. 2015-36, Ordinance No. 2015-38, and Ordinance No. 2015-41, adopted September 8, 2015; Ordinance No. 2016-11 and Ordinance No. 2016-12, adopted March 8, 2016; Ordinance No. 2016-31 and Ordinance No. 2016-38, adopted June 14, 2016; Ordinance No. 2016-40, adopted July 12, 2016; Ordinance No. 2016-47, adopted July 26, 2016; Ordinance No. 2016-59, adopted September 15, 2016; Ordinance No. 2016-64, adopted September 29, 2016; Ordinance No. 2016-06, adopted October 11, 2016; Ordinance No. 2016-69, adopted October 25, 2016; Ordinance No. 2016-76, adopted January 10, 2017; Ordinance No. 2017-03, adopted February 14, 2017; Ordinance No. 2017-08, adopted February 28, 2017; Ordinance No. 2017-18, adopted April 11, 2017; Ordinance No. 2017-34, adopted July 25, 2017; Ordinance No. 2017-47, adopted October 10, 2017; Ordinance No. 2017-58 and Ordinance No. 2017-61, adopted December 12, 2017; Ordinance No. 2018-06 and Ordinance No. 2018-09, adopted February 27, 2018; Ordinance No. 2018-23, adopted May 22, 2018; Ordinance No. 2018-21, adopted July 10, 2018; Ordinance No. 2018-31, adopted August 14, 2018; Ordinance No. 2018-51, Ordinance No. 2018-54, and Ordinance No. 2018-57, adopted November 27, 2018; Ordinance No. 2019-09, adopted February 26, 2019; Ordinance No. 2019-24, adopted April 23, 2019; Ordinance No. 2019-42 and Ordinance No. 2019-43, adopted September 25, 2019; Ordinance No. 2020-02, Ordinance No. 2020-05, Ordinance No. 2020-08 and Ordinance No. 2020-13, adopted January 28, 2020; Ordinance No. 2020-19, adopted February 25, 2020; Ordinance No. 2020-25, adopted March 24, 2020; Ordinance No. 2020-39, adopted August 11, 2020; Ordinance No. 2021-15, adopted March 23, 2021; Ordinance No. 2021-24, adopted July 13, 2021; Ordinance No. 2021-33, adopted July 27, 2021; Ordinance No. 2021-46, adopted October 26, 2021; Ordinance No. 2022-03, adopted February 8, 2022; Ordinance No. 2022-10 and Ordinance No. 2022-13, adopted April 12, 2022; Ordinance No. 2022-14, adopted April 26, 2022; Ordinance No. 2022-19 and Ordinance No. 2022-22, adopted May 24, 2022; Ordinance No. 2022-36, adopted August 23, 2022; Ordinance No. 2022-39, adopted September 13, 2022; Ordinance No. 2022-44, adopted October 25, 2022; Ordinance No. 2022-50 and Ordinance No. 2022-53, adopted November 22, 2022; Ordinance No. 2023-01, adopted January 24, 2023; Ordinance No. 2023-09, adopted March 28, 2023; Ordinance No. 2023-12, adopted April 11, 2023; Ordinance No. 2023-20, adopted June 13, 2023; Ordinance No. 2023-31, adopted October 24, 2023; Ordinance No. 2024-02 and Ordinance No. 2024-05, adopted January 23, 2024; Ordinance No. 2024-14 and Ordinance No. 2024-16, adopted March 26, 2024; Ordinance No. 2024-25, adopted May 28, 2024; Ordinance No. 2024-35, adopted June 11, 2024; Ordinance No. 2024-41, adopted August 13, 2024; Ordinance No. 2024-50, adopted September 11, 2024; Ordinance No. 2024-54, adopted September 25, 2024; Ordinance No. 2024-58, adopted October 8, 2024; Ordinance No. 2024-62 and Ordinance No. 2024-65, adopted October 22, 2024; Ordinance No. 2025-02, adopted January 28, 2025; Ordinance No. 2025-11, adopted March 11, 2025; Ordinance No. 2025-14, adopted March 25, 2025; Ordinance No. 2025-20 and Ordinance No. 2025-21, adopted April 22, 2025; Ordinance No. 2025-25, adopted June 10, 2025; Ordinance No. 2025-32, adopted July 22, 2025; Ordinance No. 2025-43, adopted September 24, 2025; and Ordinance No. 2025-47, adopted October 14, 2025.

(Ord. No. 2009-48, § 1, 1-12-2010; Ord. No. 2010-06, § 1, 2-9-2010; Ord. No. 2010-10, § 1, 3-9-2010; Ord. No. 2010-28, § 1, 7-13-2010; Ord. No. 2010-31, § 1, 6-22-2010; Ord. No. 2010-32, § 1, 6-22-2010; Ord. No. 2010-54, § 1, 12-14-2010; Ord. No. 2010-57, § 1, 12-14-2010; Ord. No. 2011-22, § 1, 7-12-2011; Ord. No. 2011-24, § 1, 7-12-2011; Ord. No. 2011-25, § 1, 7-12-2011; Ord. No. 2011-43, § 1, 9-20-2011; Ord. No. 2011-48, § 1, 10-11-2011; Ord. No. 2012-03, § 1, 1-24-2012; Ord. No. 2012-08, § 1, 2-28-2012; Ord. No. 2012-16, § 1, 4-24-2012; Ord. No. 2013-14, § 1(4.04), 3-26-2013; Ord. No. 2013-16, § 1(4.04), 3-26-2013; Ord. No. 2013-17, § 1(4.04), 3-26-2013; Ord. No. 2013-18, § 1(4.04), 3-26-2013; Ord. No. 2013-28, § 1(4.04), 4-23-2013; Ord. No. 2013-56, § 1(4.04), 10-22-2013; Ord. No. 2014-01, § 1(4.04), 1-28-2014; Ord. No. 2014-05, § 1(4.04), 1-28-2014; Ord. No. 2014-22, § 1(4.04), 5-13-2014; Ord. No. 2014-23, § 1(4.04), 5-13-2014; Ord. No. 2014-25, § 1(4.04), 5-13-2014; Ord. No. 2014-49, § 1(4.04), 9-11-2014; Ord. No. 2014-61, § 1(4.04), 11-11-2014; Ord. No. 2014-64, § 1(4.04), 11-11-2014; Ord. No. 2015-19, § 1(4.04), 5-26-2015; Ord. No. 2015-21, § 1(4.04), 6-9-2015; Ord. No. 2015-24, § 1, 7-14-2015; Ord. No. 2015-36, § 1, 9-8-2015; Ord. No. 2015-38, § 1, 9-8-2015; Ord. No. 2015-41, § 1, 9-8-2015; Ord. No. 2016-06, § 1, 10-11-2016; Ord. No. 2016-11, § 1, 3-8-2016; Ord. No. 2016-12, § 1, 3-8-2016; Ord. No. 2016-31, § 1, 6-14-2016; Ord. No. 2016-38, § 1, 6-14-2016; Ord. No. 2016-40, § 1, 7-12-2016; Ord. No. 2016-47, § 1, 7-26-2016; Ord. No. 2016-59, § 1, 9-15-2016; Ord. No. 2016-64, § 1, 9-29-2016; Ord. No. 2016-69, § 1, 10-25-2016; Ord. No. 2016-76, § 1, 1-10-2017; Ord. No. 2017-03, § 1, 2-14-2017; Ord. No. 2017-08, § 1, 2-28-2017; Ord. No. 2017-18, § 1, 4-11-2017; Ord. No. 2017-34, § 1, 7-25-2017; Ord. No. 2017-47, § 1, 10-10-2017; Ord. No. 2017-58, § 1, 12-12-2017; Ord. No. 2017-61, § 1, 12-12-2017; Ord. No. 2018-06, § 1, 2-27-2018; Ord. No. 2018-09, § 1, 2-27-2018; Ord. No. 2018-23, § 1, 5-22-2018; Ord. No. 2018-21, § 1, 7-10-2018; Ord. No. 2018-31, § 1, 8-14-2018; Ord. No. 2018-51, § 1, 11-27-2018; Ord. No. 2018-54, § 1, 11-27-2018; Ord. No. 2018-57, § 1, 11-27-2018; Ord. No. 2019-09, § 1, 2-26-2019; Ord. No. 2019-24, § 1, 4-23-2019; Ord. No. 2019-42, § 1, 9-25-2019; Ord. No. 2019-43, § 1, 9-25-2019; Ord. No. 2020-02, § 1, 1-28-2020; Ord. No. 2020-05, § 1, 1-28-2020; Ord. No. 2020-08, § 1, 1-28-2020; Ord. No. 2020-13, § 1, 1-28-2020; Ord. No. 2020-19, § 1, 2-25-2020; Ord. No. 2020-25, § 1, 3-24-2020; Ord. No. 2020-39, § 2, 8-11-2020; Ord. No. 2021-15, § 1, 3-23-2021; Ord. No. 2021-24, § 1, 7-13-2021; Ord. No. 2021-27, § 1, 7-13-2021; Ord. No. 2021-33, § 1, 7-27-2021; Ord. No. 2021-46, § 1, 10-26-2021; Ord. No. 2022-03, § 1, 2-8-2022; Ord. No. 2022-10, § 1, 4-12-2022; Ord. No. 2022-13, § 1, 4-12-2022; Ord. No. 2022-14, § 1, 4-26-2022; Ord. No. 2022-19, § 1, May 24, 2022; Ord. No. 2022-22, § 1, 5-24-2022; Ord. No. 2022-36, § 1, 8-23-2022; Ord. No. 2022-39, § 1, 9-13-2022; Ord. No. 2022-44, § 1, 10-25-2022; Ord. No. 2022-50, § 1, 11-22-2022; Ord. No. 2022-53, § 1, 11-22-2022; Ord. No. 2023-01, § 1, 1-24-2023; Ord. No. 2023-09, § 1, 3-28-2023; Ord. No. 2023-12, § 1, 4-11-2023; Ord. No. 2023-20, § 1, 6-13-2023; Ord. No. 2023-31, § 1, 10-24-2023; Ord. No. 2024-02, § 1, 1-23-2024; Ord. No. 2024-05, § 1, 1-23-2024; Ord. No. 2024-14, § 1, 3-26-2024; Ord. No. 2024-16, § 1, 3-26-2024; Ord. No. 2024-25 meeting, § 1, 5-28-2024; Ord. No. 2024-35 meeting, § 1, 6-11-2024; Ord. No. 2024-41 meeting, § 1, 8-13-2024; Ord. No. 2024-50 meeting, § 1, 9-11-2024; Ord. No. 2024-54, § 1, 9-25-2024; Ord. No. 2024-58, § 1, 10-8-2024; Ord. No. 2024-62, § 1, 10-22-2024; Ord. No. 2024-65, § 1, 10-22-2024; Ord. No. 2025-02, § 1, 1-28-2025; Ord. No. 2025-11, § 1, 3-11-2025; Ord. No. 2025-14, § 1, 3-25-2025; Ord. No. 2025-20, § 1, 4-22-2025; Ord. No. 2025-21, § 1, 4-22-2025; Ord. No. 2025-25, § 1, 6-10-2025; Ord. No. 2025-32, § 1, 7-22-2025; Ord. No. 2025-43, § 1, 9-24-2025; Ord. No. 2025-47, § 1, 10-14-2025)

Editor's note— The comprehensive plan was adopted and amended many times since Ord. No. 92-39. That history has been deleted and the latest adopted comprehensive plan and amendments are reflected in the new history note for the comprehensive plan in this section.

(a)

Generally. To the extent consistent with the act, the comprehensive plan shall be interpreted as setting forth general guidelines and principles for the growth and development of the city. Findings, goals, policies, and objectives within the comprehensive plan are internally consistent, and any reading of the comprehensive plan to suggest an internal inconsistency shall be construed in such a manner so as to maintain the internal consistency of the comprehensive plan.

(b)

Conflicts with other regulations. The comprehensive plan is cumulative and supplemental to existing city regulations for the development of land. Where the comprehensive plan conflicts with existing land development regulations, the comprehensive plan shall supersede existing land development regulations to the effect of the conflict until such existing land development regulations are amended to be consistent with the comprehensive plan. The city council shall be the final determinator as to consistency.

(Ord. No. 92-39, § 7, 9-8-1992)

(a)

Application by city. A proposal to amend the comprehensive plan may be initiated by the city council by filing a written proposal with the community development director as set forth herein. The written proposal shall be classified as an "application" as that term is used herein. Applications filed pursuant to this subsection (a) shall be classified as administrative applications of the city and shall be exempt from the requirements of subsections (b) and (c)(13) hereof.

(b)

Application by general public, real property owner, or governmental agency. Every applicant, other than the city, including but not limited to an owner of real property within the city, a governmental entity other than the city, or other person, shall be required to file an application pursuant to the requirements of subsection (c) hereof.

(c)

Application form. A complete written application for an amendment to the comprehensive plan shall be submitted to the community development director. Until all informational items required on the application form are provided, the application shall not be considered to be complete for review and consideration. All items required to be submitted by this section which are not answered on the application form but which may be appended or attached to the application form or which may be on separate sheets of paper shall be deemed to be a part of the application form as if specifically included therein. All applicants shall be required to execute the petition in the presence of a notary public and by oath or affirmation swear to the truth of the statements in the application or that to the best of said applicant's knowledge and belief the statements in the application are true and correct, or alternatively, an applicant may execute an application at the end of said application wherein it shall state "Under penalties of perjury, I declare that I have read the foregoing application for amendment to the comprehensive plan and that to the best of my knowledge and belief the facts stated in it are true." Applications executed for a corporation shall be executed by an authorized vice-president or superior corporate officer. Applications executed by a partnership shall be executed by an authorized general partner. Applications shall be made upon a form to be designed by the community development director, which form shall include:

(1)

The name, address, and telephone number of the applicant;

(2)

The name, address, and telephone number of the current property owner, if the application relates to a specific parcel of property;

(3)

The name, address, and telephone number of any agent who will or might represent the applicant in any city review proceeding regarding the application;

(4)

A legal description, boundary survey, and street address if available, if the application relates to a specific parcel of real property. The boundary survey and legal description shall be prepared by a professional land surveyor who is registered to engage in the practice of land surveying by the State of Florida. The boundary survey and legal description shall be prepared in accordance with at least the minimum technical standards for land surveying promulgated from time to time by the State of Florida, Board of Professional Land Surveyors or its successor. The survey shall be certified to and for reliance by the city, executed by the surveyor and under surveyor's seal;

(5)

A general description of the proposed amendment to the comprehensive plan, explaining why the amendment is necessary or appropriate;

(6)

An analysis of the fiscal impact of the proposed amendment on the city's finances, if any;

(7)

An analysis of the impact of the amendment on all public facilities, if any;

(8)

An analysis of the impact of the amendment on the environment and natural and historical resources, if any;

(9)

An analysis of the degree of consistency of the proposed amendment with the city's comprehensive plan;

(10)

An analysis of the impact upon the city's ability to provide adequate public facilities and maintain the existing level of service for public facilities as identified in the comprehensive plan, if the amendment is granted;

(11)

If the application involves a specific parcel of real property, a statement regarding compatibility of the amendment with surrounding neighborhoods and land uses;

(12)

A statement regarding the proposed amendment's impact upon any other provisions in the comprehensive plan, and whether an internal inconsistency between provisions might be created; and

(13)

Payment of all appropriate processing fees and charges, as set from time to time. Processing fees shall be partial compensation for the cost of review by the city administration and administrative expenses. All applicants shall pay all costs necessary for the giving of any public notice as required by state or local law.

(d)

Application deadline. Applications for a change in the comprehensive plan shall be accepted by the city at any time during regular business hours, but applications shall be processed and reviewed by the city as set forth herein.

(Ord. No. 92-39, § 8, 9-8-1992; Ord. No. 2010-37, § 12, 6-22-2010)

(a)

Amendments by applicant to proposed amendment. Amendments to a pending application must be received by the community development director before the application submittal deadline. Thereafter, the applicant may not amend the application at any time.

(b)

Pre-hearing review. Applications may be reviewed by the city administrative staff and the local planning agency/planning and zoning board at any time prior to the local planning agency/planning and zoning board public hearing or the application submission deadline. The review shall be considered to be for informational purposes only and not part of the formal amendment procedure.

(Ord. No. 92-39, § 9, 9-8-1992)

After submission of an application to the community development director, the community development director will examine the application for sufficiency and, if necessary, request that the applicant supply additional information or clarify ambiguities in the application. Upon receipt of additional or clarifying information from the applicant, if any is requested, or upon completion of the sufficiency review of the application, if no additional or clarifying information is requested, the community development director shall declare the application as sufficient for consideration by the city staff and the local planning agency/planning and zoning board. Following a determination that the application is sufficient for consideration, the community development director shall review the application and shall make a recommendation to the local planning agency/planning and zoning board. The community development director is encouraged to consult with other city departments or at the direction of the city manager, with independent consultants, and thereafter, the community development director may recommend that the application be denied, approved, or approved with modifications. The community development director shall formulate a recommendation based upon the following factors, if applicable:

(1)

Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region;

(2)

Whether the proposed amendment will diminish the level of service of public facilities;

(3)

Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment;

(4)

Whether the city is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost/effective use of or unduly burden public facilities;

(6)

Whether the amendment is incompatible with surrounding neighborhoods and land uses;

(7)

Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent;

(8)

Whether the amendment will have a favorable or adverse effect on the ability of people to find adequate housing reasonably accessible to their places of employment;

(9)

Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the region or the city;

( 9)

The contents of any evaluation and appraisal report prepared pursuant to the act, as set forth in the Florida Statutes;

(10)

If the amendment being requested is consistent with all elements of the comprehensive plan.

(Ord. No. 92-39, § 10, 9-8-1992; Ord. No. 2010-37, § 13, 6-22-2010)

(a)

Public hearing advertisement. The public hearing advertisement shall be placed in a newspaper of general circulation, not less than 15 days prior to the date of the public hearing regarding an application for amendment. Said notice shall advise the general public that the local planning agency/planning and zoning board will accept written or oral comment from the public with regard to the application; that the application may be reviewed by the public; and the location, days and time during which the application may be examined.

(b)

Public hearing. In accordance with F.S. §§ 163.3184 and 163.3187, the local planning agency/planning and zoning board shall hold at least one advertised public hearing on a proposed plan amendment to review said amendment and provide a recommendation to city council.

(c)

Conduct of local planning agency/planning and zoning board hearing. The local planning agency/planning and zoning board shall encourage and accept oral and written comments from the applicant or the applicant's agent or attorney, the community development director, the city administration, other governmental entities, and the general public. Letters or other written communications received by the city regarding a pending application shall be considered by the local planning agency/planning and zoning board and made a part of the record. If a question is raised regarding the proposed amendment by a member of the general public, in a written communication to the city or orally, prior to or at the local planning agency/planning and zoning board hearing which question cannot be answered by board or city staff at the hearing, the community development director shall be required to respond in writing to the person raising the question prior to final adoption by the city council of the proposed comprehensive plan amendment. Failure by the community development director to respond to the question raised shall not be a basis upon which any person may seek to invalidate a subsequently adopted amendment to the comprehensive plan.

Following the public hearing, the local planning agency/planning and zoning board shall make a recommendation to the city council with regard to each application. The recommendation may be based upon all factors affecting the public health, safety, welfare, economic order, public interest and aesthetics, including but not limited to:

(1)

Whether the proposal favorably or unfavorably impacts the city's budget, or the economy of the region;

(2)

Whether the proposal will diminish the service level of public facilities;

(3)

Whether the proposal favorably or unfavorably impacts the environment, or the natural or historical resources of the city or the region;

(4)

Whether the proposal will favorably or unfavorably affect the city's ability to provide adequate public facilities, and whether the proposal will reduce the level of service for affected public facilities below the level of service set in the comprehensive plan;

(5)

Whether the proposal is incompatible with surrounding neighborhoods and land uses; and

(6)

If the amendment being requested is consistent with all the elements of the comprehensive plan.

(d)

Local planning agency/planning and zoning board recommendation to city council. The recommendation of the local planning agency/planning and zoning board may be to deny an application, approve an application, or approve an application with modification. If the recommendation of the board is for denial of a request, the minutes or a separate document shall reflect the basis of the board's recommendation of denial.

(Ord. No. 92-39, § 11, 9-8-1992; Ord. No. 2010-37, § 14, 6-22-2010)

(a)

The city council shall review minor amendments in accordance with F.S. § 163.3187. In general, minor amendments do not have to be reviewed pursuant to this section. However, the city council may require minor amendments to go through the major amendment process if it has been determined that going through the major amendment review process will promote the public health, safety, welfare, economic order, or aesthetics of the community. The annual update to the capital improvements element does not have to be reviewed pursuant to this section.

(b)

For major amendments, the city council shall hold at least two public hearings in accordance with F.S. § 163.3184.

At the first public hearing, the only question before the city council shall be whether or not to approve the proposed amendment for transmittal to the state land planning agency. The city council shall encourage and accept oral and written comments from the applicant and all interested parties, all of which shall be made a part of the official record of the public hearing. If a question regarding the proposed amendment to the comprehensive plan is raised by a member of the public at any time prior to or during the public hearing which cannot be answered by either the city council, the city manager, legal counsel, or the community development director at the hearing, the community development director shall respond in writing. Failure of the community development director to respond to the question raised shall not be a basis upon which any person may seek to invalidate a subsequently adopted amendment to the comprehensive plan. The report of the community development director and the local planning agency/planning and zoning board, letters or other written communications received by the city administration, and any written comments entered into the record during the board public hearing, all regarding any pending application for amendment of the comprehensive plan, shall be made a part of the record during the city council public hearing.

(c)

Transmittal of amendment to state. After completion of the public hearing, the city council may approve an application for transmittal to the state land planning agency, approve with modification an application for transmittal to the state land planning agency, or deny an application.

(1)

If an application is denied, the applicant shall be advised in writing within 30 calendar days of the decision to deny the application. In such case, no further action need be taken by the city.

(2)

If an application is approved or approved with modification for transmittal to the state land planning agency, the proposal shall be immediately forwarded by the community development director to the state land planning agency for review.

(d)

Second public hearing by city council. During the public hearing, all comments received from the state land planning agency, together with comments from all reviewing agencies, shall be made a part of the record. The city council shall encourage and accept oral and written comments from the applicant or the applicant's agent or attorney, the city administration, all reviewing agencies, other governmental entities, and the general public, all of which shall be made a part of the record of the public hearing. Letters and other written communications received by the city after the first city council public hearing shall be made a part of the record. If a question regarding a proposed amendment to the comprehensive plan is raised by a member of the public at any time prior to or during the public hearing, either the city council, the city manager, legal counsel, or the community development director shall attempt to respond to the question. Failure to respond shall not be a basis upon which any person may seek to invalidate a subsequently adopted amendment to the comprehensive plan. The sole question at the public hearing shall be whether to approve, deny, or otherwise modify and adopt the proposed plan amendment. In no event shall the city council approve an amendment that permits a land use more intense or more dense than the proposal forwarded to the state land planning agency. For the purposes of the foregoing sentence, industrial or commercial uses shall be viewed as being more intense than any residential land use density. Upon final action by the city council, the applicant shall be advised in writing within 30 calendar days of the final decision.

(Ord. No. 92-39, § 12, 9-8-1992; Ord. No. 2010-37, § 15, 6-22-2010)

The city council shall hold a public hearing with such public notice as may be required from time to time by the Florida Statutes. During the public hearing, all comments received from other governmental entities, if any, shall be made a part of the record. The city council shall encourage and accept oral and written comments from the applicant or the applicant's agent or attorney, the city administration, other governmental entities, and the general public, all of which shall be made a part of the record of the public hearing. Letters and other written communications received by the city after the local planning agency/planning and zoning board hearing shall be made a part of the record. The question at the public hearing shall be whether to approve, deny, or otherwise modify and adopt the proposed minor amendment. Upon final action by the city council, the applicant shall be advised in writing within 30 calendar days of the final decision. Upon approval of the proposed minor amendment, said minor amendment shall be forwarded to the state land planning agency.

(Ord. No. 92-39, § 13, 9-8-1992)

(a)

In the case of a proposed change of land use as depicted upon the future land use map, or a proposed addition, deletion, or amendment to a site specific policy, all as set forth in the future land use element and affecting an individual and identifiable parcel of land, said proposed amendment, deletion, or addition may be protested by the fee simple owners of 20 percent or more of the land area inside or outside of the city and extending 500 feet in all directions from all boundaries of the real property subject to the proposed amendment to the comprehensive plan. In computing the land area, public streets and roadways owned by a governmental entity or property owned by the city shall not be considered.

(b)

Upon filing of a protest in proper form and substance, no site specific policy affecting an individual and identifiable parcel of land shall be created, amended, or deleted from the future land use element and no amendment shall be made to the future land use map in the future land use element, all of the comprehensive plan, except upon a favorable vote of six-sevenths of the city council. A comprehensive plan amendment may be approved for transmittal purposes to the state land planning agency or upon first reading of an ordinance of adoption by less than a six-sevenths favorable vote of the city council.

(c)

A notice of intent to file a written protest must be filed within two working days of the close of the local planning agency/planning and zoning board's public hearing as set forth in section 4.09 hereof. The notice of intent must be executed by a property owner of land within 500 feet of the real property which is the subject of the notice of intent. The notice of intent must generally describe the location of the property that is the subject of the protest, the name of the protestor, a statement that the protestor intends to file a petition as set forth herein, and must generally describe the property owned by the protestor within the 500-foot area referenced above. The notice of intent must be delivered in person to or be received by mail by the community development director within the two working day time period referenced above.

(d)

A written protest must be in the form of a petition, which petition shall include: A clear and concise statement that the signatories of said petition intend to invoke this subsection (d) requiring a six-sevenths vote of the city council to adopt a comprehensive plan change, the proposed comprehensive plan amendment being protested, the general description of the location of the real property subject to the protest, the printed name and address of all protestors executing the petition, and a description of the real property located within the protest area owned by the protestors. All protestors must sign the petition. If a parcel of land is owned by two persons or legal entities but only one fee simple owner signs the petition, the parcel of land owned by the protestor shall be counted towards meeting the above referenced twenty (20) percent requirement above. All written protest petitions must be filed in person or received by mail within seven (7) calendar days of the close of the local planning agency/planning and zoning board's public hearing as set forth in section 4.09 hereof. All protest petitions must be filed with the city's community development director. After the close of the seven calendar day time period referenced above no new signatories may join in or execute a protest petition, but a protestor who has executed a protest petition may at any time up until final passage of the ordinance of adoption of the comprehensive plan change request in writing that his signature be deleted from the protest petition.

(e)

In determining whether a protestor executing a petition is in fact a fee simple owner of real property able to protest as provided herein, the city shall use the latest ad valorem tax rolls prepared by Brevard County and on file at city hall at the time of receipt of the protest petition or more current evidence of ownership in the form of a deed submitted to the city by the protestor.

(Ord. No. 92-39, § 14, 9-8-1992)

(a)

Notice by state law. All notices of any public hearings required hereunder shall be as provided by Florida law, unless otherwise provided herein.

(b)

Courtesy notice. The following requirements shall apply to any proposed change to the future land use map or site specific policies affecting an individual parcel of land, all as set forth in the future land use element of the comprehensive plan:

(1)

A courtesy notice may be mailed to the property owners of record of any parcel of real property or portion thereof within a radius of 500 feet of all boundaries of the property subject to the amendment. Failure to mail the courtesy notice, failure to include all information in correct form or substance as required herein, or failure of the intended recipient to receive the notice, shall not affect any action or proceeding taken to amend the comprehensive plan.

(2)

The property owners to whom the courtesy notice may be mailed shall be those property owners listed on the latest ad valorem tax rolls prepared by Brevard County and on file at city hall at the time of mailing of the courtesy notice. Mailing shall be by first class, United States mail, postage prepaid. Notice shall be deemed to have been given when the courtesy notice is deposited in the United States mail.

(3)

The courtesy notice shall state the general nature of the proposed amendment, as well as any proposed text, general location of the property subject to the proposed amendment, time, date, and place of the proposed public hearing by the local planning agency/planning and zoning board and the projected date for the first public hearing by the city council, and the fact that any individual desiring to appeal any action taken at said hearing may need to ensure that a verbatim transcript is made of hearing(s) relating to the proposed amendment.

(4)

The courtesy notice shall be mailed at least 15 days prior to the date of the public hearing by the local planning agency/planning and zoning board. The courtesy notice shall be prepared and mailed by the city at the expense of the applicant for the proposed plan amendment.

(Ord. No. 92-39, § 15, 9-8-1992)

(a)

It is the intent of this chapter and the comprehensive plan that all questions of enforcement shall be presented to the building official.

(b)

All questions of interpretation of this chapter and the comprehensive plan shall be first presented to the city manager, or the city manager's designee. In interpreting this chapter or the comprehensive plan, the city manager (or the city manager's designee) shall be guided first by the plain meaning of the words and terms in this chapter or the comprehensive plan, as the case may be, and second, by any intent expressed therein. The city manager, or the city manager's designee, shall make interpretations by interpreting this chapter or the comprehensive plan as a whole and not by taking specific words or clauses in isolation. Thereafter, the city council, after review by the local planning agency/planning and zoning board, shall have the authority to hear and decide appeals from the city manager, or the city manager's designee, where it is alleged that there is error in any order, requirement, decision, or determination made by the city manager, or the city manager's designee, in interpreting this chapter or the comprehensive plan.

(c)

Hearings; appeals; notice. An appeal of any decision of the city manager, or the city manager's designee, in the interpretation of any portion of this chapter or the comprehensive plan, may be initiated by any person aggrieved and substantially affected greater in degree than the community at large, or by the city manager. Such appeal shall be filed no later than 30 days following the date of rendition of the interpretation. An appeal is initiated by filing with the city manager and with the secretary to the local planning agency/planning and zoning board a notice of appeal specifying the interpretation appealed from and a description of the reasons why the interpretation is in error. The city manager shall within 15 days thereafter, transmit to the board all papers constituting the record upon which the action appealed from was taken. A fee may be charged for said appeal, said fee being an amount fixed from time to time by resolution of the city council. The secretary of the local planning agency/planning and zoning board after receipt of the record shall fix a time for hearing of the appeal within 60 days of the date of appeal and give public notice thereof at least 15 days in advance of the public hearing as well as notice to the parties in interest. At the hearing, any party may appear in person or by agent or attorney.

(d)

Local planning agency/planning and zoning board hearing. A public hearing shall be held by the local planning agency/planning and zoning board on the appeal. Within 75 days after the public hearing on the appeal, the board shall forward its written recommended order to the city manager and to the appellant. Said recommended order shall be advisory in nature.

(e)

City council hearing. Within 60 days of the date the local planning agency/planning and zoning board has forwarded its recommended order to the city manager, the city council shall hold a hearing on the appeal. Within 45 days after the hearing on the appeal, the city council shall vote on and thereafter file its final order with the city clerk, dispatching a copy to the city manager, and mailing or otherwise delivering a copy by regular first class U.S. mail, postage prepaid on the appellant.

(f)

Stay of proceeding. An appeal stays all proceedings in furtherance of the action appealed from unless the city manager, or the city manager's designee, certifies to the board and the city council after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in the city manager's opinion, cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the city council or by a court of record on application.

(Ord. No. 92-39, § 16, 9-8-1992)

This chapter shall be known and may be cited as the "Subdivision Code of the City of Melbourne, Florida."

(Ord. No. 2004-74, § 1, 10-12-2004)

The chapter shall govern all subdivisions of land within the corporate limits of the city, as now or hereafter established, except that no requirements in this chapter shall be retroactively applied to subdivision plats previously approved by local government and recorded in the public records of Brevard County, Florida. Nor is it intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those in conflict with this code, or with private restrictions placed upon property by deed, covenant or other private agreement. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract, agreement, covenant, or deed, the provisions of this code shall control.

(Ord. No. 2004-74, § 1, 10-12-2004)

The purpose of this chapter is to establish procedures and standards for the development and subdivision of real estate within the city, in an effort to, among other things, ensure proper legal description, identification, monumentation and recording of real estate boundaries; further orderly layout and appropriate use of land; provide safe, convenient, and economic circulation of vehicular traffic; provide suitable building sites which drain properly and are readily accessible to emergency vehicles; assure the installation of improvements; help conserve and protect the physical and economic resources of the city; provide for affordable housing; and promote the public health, safety and general welfare. All subdivision of properties within the city shall at a minimum meet the requirements of this code and F.S. ch. 177; provided, however, that no subdivider shall be required to plat in the manner provided hereunder or to meet the requirements of this code as a pre-condition to the alienation of real property (i.e., deeding or leasing real property; conveyancing of an easement). Property owners shall be on constructive notice by virtue of the adoption of this code that no development of land shall be permitted on properties subdivided after January 10, 1995, unless a plat shall have been approved by the city council and recorded in the public records of Brevard County, all in a manner required by this code.

(Ord. No. 2004-74, § 1, 10-12-2004)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall" is always mandatory. The word "person" includes any individual, group of persons, firm, corporation, association, organization, and any legal public entity.

Applicant means a homebuilder or developer who files an application with the local governing body to identify the preferred application process that the local governing body must issue. See also Developer.

Arterial road orarterial street. (See definition of "street.")

As-built drawings means drawings which show the location of all required improvements as installed by the subdivider or developer of the subdivision and approved by the city engineer.

Auxiliary lane means a collective term incorporating right turn lanes, decelerations lanes and left turn lanes that facilitate the safe movement of vehicles onto and/or off of the main roadway.

Bikeways (bicycle ways) means a facility within the street, within the street right-of-way, or within a separate right-of-way or easement improved for use by bicyclists.

Block means that tier or group of property abutting on a street on one side of such street and lying between or within well-defined and fixed boundaries including, the two nearest intersecting streets and/or railroad right-of-way or waterway, golf course, park, or other open space when used otherwise than in a platted description of specific property, and having an assigned number, letter, or other name through which it may be identified.

Board means the board appointed by the governing body known as the local planning agency/planning and zoning board.

Building official means the official charged with administration and enforcement of building regulations and as provided for in appendix D, chapter 13, City Code.

Building setback lines means lines established by the zoning code along the front, rear and sides of a lot which govern the location of structures on a lot.

City means the City of Melbourne, Florida, a municipal corporation.

City engineer means a professional engineer, registered in the state, employed by the city, appointed by the city manager to perform the duties of that position.

Code means the subdivision code of the city, as amended from time to time; alternatively, the term City Code refers to the codification of city ordinances.

Collector road orcollector street. (See definition of "street.")

Community development director means and refers to the individual city employee appointed to said position by the city manager, or the designee.

Cul-de-sac. (See definition of "street.")

Dedication means the deliberate appropriation of land by its owner for any general public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted, and acceptance thereof by the city.

Developer means the person or legal entity that applies for approval of a plat of a subdivision pursuant to this code or constructs the subdivision improvements required by this code; see also Applicant.

Development means that term as it's defined in F.S. § 380.04, with the exception of mining or demolition but shall include construction within rights-of-way.

Easement means an area of land created by a subdivider reserved for public utilities, drainage, sanitation, access, cable television, other public services, conservation, or other specifications having limitations, the title to which shall remain in the name of the property owners, subject to the right of use designated in the reservation of a servitude.

Engineer means a professional engineer registered in the state who has been admitted to practice by and is in good standing with the state board of professional engineers, pursuant to F.S. ch. 471.

Environmental impact assessment means a report providing the description and location of protected species of wildlife or plants, wildlife habitats, wetlands, surficial aquifer recharge areas, physical features, and natural resources identified in the Melbourne Comprehensive Plan and proposed preservation measures and/or management plan to preserve such protected species and habitats. This report shall comply with article IV, chapter 9, appendix D, City Code.

Escrow agreement means an instrument which provides for a financial agreement between the developer or subdivider, the escrow agent, and the city to hold the construction funds for subdivision improvements in an account to be disbursed in accordance with a specified schedule. Such agreements shall be in form and substance acceptable to the city attorney and city manager.

Fill dirt means soil materials (excavated earth) used to change the elevation or existing grade of the development. This material may be obtained from on-site or brought in from another location.

Final plat means the final map or drawing on which the subdivider's plan of subdivision is presented to the city council for approval, and which, if approved, will be submitted to the Clerk of the Circuit Court of Brevard County for recording in the public records of Brevard County, Florida.

Frontage means distance measured along a public or private street right-of-way.

Governing body means the city council of the City of Melbourne.

Group development means a development of land which comprises two or more buildings, such as a group of apartments, but where the land is not subdivided into the customary street and lot layout.

Improvements means street pavements, curbs and gutters, sidewalks, bikeways, alley pavements, water mains, water reuse lines, sanitary sewers, pedways, stormwater management system, signs, landscaping, luminaries or lighting, permanent reference monuments (P.R.M.s), permanent control points (P.C.P.s) or any other physical construction benefiting a subdivision required by the governing body and this code.

Infrastructure/construction (maintenance) warranty bonds means the placement of a bond executed by approved corporate surety company or a cash payment in the amount of ten percent of the total construction cost of the subdivision improvements, as determined by the city engineer, lasting two years from the date of issuance of a certificate of completion to insure maintenance and repair of all improvements installed by the subdivider. Maintenance bond monies shall not be used for routine subdivision ground maintenance, tract management, landscape repair and replacement or other maintenance generally required to be performed by the developer or homeowners association. The bond shall include provisions for both payment and performance of maintenance and repair of the improvements, including labor, materials, and supplies, and insure the city against losses, damages, expenses, costs, and attorneys fees that the city may sustain because of a default by the principal under bond. The bond may be in the form of cash, a money order, a certified or cashier's check, or a letter of credit issued by a bank or savings and loan association located in and licensed by the federal government or State of Florida Comptroller to do business in Florida; or bond issued by a surety authorized to do business in the state as a surety by the State of Florida Insurance Commissioner. All instruments shall be in form and substance acceptable to the city's legal counsel.

Land development regulation means the provisions in the City Code for regulation of any aspect of development and includes zoning, rezoning, subdivision, building construction, sign regulation, or any other regulation controlling the development of land, including but not limited to Code chapters 20, 50, 58, and Part III, Land Development Regulations.

Local street orlocal road. (See definition of "street.")

Lot means 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. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, or complete lots of record and portions of lots of record, or of lots of record; a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this code or appendix B, City Code (zoning).

(1)

Corner lot means any lot situated at the intersection of two streets and abutting such streets.

(2)

Dimensions of lots.

a.

The 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.

b.

The width of a lot is the distance between the side lines thereof if such side lines are parallel to each other; if side lines are not parallel, width shall be construed as mean width. Provided, however, width between wide lot lines at their foremost points where they intersect with the street lines shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle cul-de-sac, where the 80 percent requirements shall not apply; provided, however, that all lots shall have a minimum of 25 feet facing a street.

c.

A flag lot may be created from a parent lot only if the flag lot and the remaining lot meet the minimum lot requirements pertaining to lot size and building setback. Any flag lot shall maintain at least a 25-foot wide accessway connecting the main portion of the lot to a public or private street. No flag lot shall be created which would result in the creation of a substandard lot or lot dimension. For flag lots, the lot width, lot depth and side and rear lot lines shall be established by the boundaries of the main body of such lot exclusive of the 25-foot wide strip of land providing access to a platted or deeded right-of-way.

(3)

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

(4)

Lot line means the boundary line of a lot.

(5)

Single-tier lot means a lot which backs up on a controlled access highway, a physical barrier such as a canal or waterway, or a nonresidential use and to which vehicular access from the rear is prohibited. The area of the lot abutting a controlled access street where vehicular access from the abutting street is prohibited shall be considered a rear yard.

(6)

Through lot or multi-frontage lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lot.

Lot grading plan means a plan prepared as part of the subdivision construction plans indicating the proposed lot elevations of each lot and tract to be constructed in the proposed subdivision with references indicating the elevations in tenths of a foot on each corner of a lot or tract, indicating the proposed finished floor elevations.

Lot split means the creation of no more than two lots from a previously recognized lot of record. The creation of more than two lots is considered a subdivision.

Marginal access/service road. (See definition of "street.")

Mass grading means a construction process that involves moving large amounts of earth over large areas to achieve a desired ground configuration. Mass grading processes are anticipated to be used for various aspects of construction projects, including: roads and sidewalks, parking lots, building pads, home sites, commercial buildings, industrial facilities, and/or athletic fields. The goals of mass grading include: achieving the desired grade elevations, establishing an overall drainage direction, smoothing the terrain, balancing cut and fill, and calculating earthwork to a given volume.

Master drainage plan means an engineering plan including supporting drawings, outlining the primary and secondary drainage and stormwater treatment for a site. Primary means the entire site; secondary means individual component lots/parcel.

Official map or official plan means any of the latest maps or plans approved and in use by the city council as a guide for development of the city, such as the land use map.

Parcel of land means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit.

Pedway (pedestrian way) means a physical course or improvement provided within a right-of-way or access easement used exclusively by pedestrians or bicyclists.

P.C.P. means permanent control point (P.C.P.), which shall be a secondary horizontal control monument and shall be a metal marker with the point of reference marked thereon or a four-inch by four-inch concrete monument a minimum of 24 inches long with the point of reference marked thereon. A P.C.P. shall bear the registration number of the surveyor filing the plat of record; however, when the surveyor of record is no longer in practice or is not available due to relocation of his practice, or when the contractual relationship between the subdivider and surveyor has been terminated, any registered land surveyor in good standing shall be allowed to place P.C.P.'s within the time allotted in F.S. § 177.091(8).

P.R.M. means a permanent reference monument, which consists of a metal rod a minimum of 24 inches long or a 1.5-inch minimum diameter metal pipe a minimum of 20 inches long, either of which shall be encased in a solid block of concrete or set in a natural bedrock, a minimum of six inches in diameter, and extending a minimum of 18 inches below the top of the monument, or a concrete monument four inches by four inches, a minimum of 24 inches long, with the point of reference marked thereon. Where a P.R.M. cannot be installed due to physical conflicts other than a hard surface, a one-inch diameter by 36-inch long metal rod with a durable marker or cap, the last 12 inches of which must be driven into the ground. This proposed alternative P.R.M provides similar stability, robustness, and identifiability, while offering an alternative for accurate monumentation and installation where the concrete monument is not feasible. A durable cap marker, with the point of reference marked thereon, shall bear the registration number of the surveyor certifying the plat of record, and the letters "PRM" shall be placed in the top of the monument. If the location of the "P.R.M." falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable as approved by the city surveyor.

Plat means a map or delineated representation of the subdivision of lands, being a complete and exact representation of the subdivision and other information in compliance with the requirements of all applicable sections of this code, F.S. ch. 177, and other land development regulations, and may include the terms "replat," "amended plat," "revised plat," or "final plat."

Preliminary plat means the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the community development director and the planning and zoning board for recommendations, and to the city council for approval.

Private street. (See definition of "street.")

Qualified contractor means an engineer or engineering firm licensed under F.S. ch. 471; a surveyor or mapper or surveyor's or mapper's firm licensed under F.S. ch. 472; an architect or architectural firm licensed under part I of F.S. ch. 481; a landscape architect or landscape architecture firm registered with the city under part II of F.S. ch. 481; or any other qualified professional who is certified in urban planning or environmental management.

Residential street lights means lights installed by the City of Melbourne or Florida Power and Light in accordance with the National Electrical Code, Florida Department of Transportation and City of Melbourne standards for the purpose of providing lighting.

Right-of-way means land dedicated, deeded, conveyed, reserved, or used for a street, alley, pedway, bikeway, boulevard, drainage facility, access for ingress and egress or other public purpose.

Roadways. (See definition of "street.")

Signed and sealed plan means a document or drawing approved in accordance with F.S. ch. 471 and F.A.C. 61G15, by a licensed professional. Electronically submitted documents or drawings shall contain a seal and electronic signature with signature protection in accordance with F.A.C. 61G15-23.

Sketch plan means a graphic presentation or map drawn to approximate scale depicting a proposed method of land subdivision.

State plane coordinates means the system of plane coordinates which has been established by the National Ocean Survey for defining and stating the positions or locations of points on the surface of the earth within the state shall hereinafter be known and designated as the "Florida Coordinate System." For the purpose of the use of this system, the divisions established by the National Ocean Survey in Special Publication Number 255 shall be used, and the appropriate projection and zone designation shall be indicated and included in any description using the Florida Coordinate System.

Stormwater management plan or stormwater management study means a report prepared by an engineer evaluating the hydrologic conditions of a site related to groundwater location, permeability rates, location, and flow of surface water systems, and the soil conditions on-site. This detailed analysis shall meet the standards required by section 50-49 and section 50-51.

Stormwater management system means the designed features of the property which collect, convey, channel, hold, inhibit, or divert the movement of stormwater.

Streets and alleys means any accessway such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on the plat showing such streets, whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water reuse lines, potable water lines, drainage and sanitary sewers, cable television, and easements of ingress and egress.

(1)

Arterial street:

a.

Principal (major) arterial. A street that primarily provides traffic movement services, serving longer distance trips and traffic traveling through a given area. Vehicles on these facilities generally operate at higher speeds, and there is little direct access to abutting properties. Turning movements to and from these facilities occur primarily at roadway intersections.

b.

Minor arterial. A street that serves medium to long distance trips and traffic traveling within a given area. Vehicles on this facility generally operate at high to moderate speeds, and there is little to moderate direct access permitted to abutting properties. Turning movements to and from these facilities occur primarily at roadway intersections and major traffic generator driveways.

(2)

Collector road or collector street. Collector roads provide both land access and traffic circulation service within residential, commercial, and industrial areas. Their primary function is to move traffic from local roads and streets to the arterial highway system, while providing limited direct access through common entrances to abutting property. In addition, collector roadways are characterized by trip volumes in excess of 2,000 trips per day.

(3)

Local road or local street. Local roads provide for direct access and traffic circulation to abutting lands within residential, commercial, and industrial areas. These roadways have frequent access points and frequent intersection control such as stop signs. Trip length on local streets is short, feeding trips to collectors and arterials. There are two sub-categories of local streets. They include:

a.

Major local. This type of street serves commercial areas and higher density residential areas. Major local streets also may provide direct access for residential subdivisions to the collector and arterial roadway. Local streets with an average daily traffic of greater than 600 trips constitute major local streets in residential subdivisions.

b.

Minor local. This type of local street provides access and circulation in residential areas and carries average daily traffic volumes of less than 600 trips per day.

(4)

Marginal access/service road. A marginal access/service road provides direct access to abutting property and is parallel or adjacent to arterial or collector roads. Access to an adjacent arterial/collector street is provided at limited intersections.

(5)

Private street. Private street shall mean a private right-of-way for vehicular and pedestrian traffic dedicated and held in common ownership and maintained in common ownership by an incorporated association.

(6)

Cul-de-sac. A cul-de-sac is the end of a dead-end street with one motor vehicle access point to the adjacent street system with a circular turnaround.

(7)

Alley. An alley is a narrow right-of-way for roadway and utilities abutting the rear of lots to provide service and alternative access to abutting properties.

Street (roadway) segment means a single linear section of roadway or street extending from one street intersection to another street intersection. Cul-de-sac shall be considered as one street segment. Roadway segments shall be constructed with a single uniform width.

Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

Subdivision means a division of a parcel of land or platting of a single parent parcel into three or more lots, parcels, tracts, tiers, blocks, sites, units, or the division of land for the purpose of a transfer of ownership and building development regardless of zoning classification or future land use. The term includes re-subdivision, replat, revised plat, or amended plat and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. A group development which is developed so that it might be broken into smaller parcels at some future time shall also be considered a subdivision and shall meet the requirements of this code. Creation of a single condominium, other than a land condominium, shall not be construed to be a subdivision. Condominiums including three or more separate parcels of land owned by an incorporated association or other legal entity, excluding condominium units, and the condominium itself shall not be construed to be a single condominium.

Subdivision, residential means the division or platting of a single parent parcel into three or more lots or parcels for the purpose of a transfer of ownership and residential building development.

Survey data means all information shown on the face of a plat that would delineate the physical boundaries of the subdivision and any parts thereof.

Surveying data.

(1)

Point of curvature, written "P.C." means the point where a tangent circular curve begins.

(2)

Point of tangency, written "P.T." means the point where a tangent circular curve ends and becomes tangent.

(3)

Point of compound curvature, written "P.C.C." means the point where two circular curves have a common point of tangency, the curves lying on the same side of the common tangent.

(4)

Point of reverse curvature, written "P.R.C." means the point where two circular curves have a common point of tangency, the curves lying on opposite sides of the common tangent.

Surveyor means a state-registered land surveyor, registered under F.S. ch. 472, who is in good standing with the State of Florida, Board of Professional Land Surveyors.

Tract means the least fractional part of subdivided lands having fixed boundaries, and an assigned number, letter, or other name through which it may be identified.

Traffic calming measures means the combination of mainly physical measures that are designed and implemented to reduce the negative effects of motor vehicle use, alter driver behavior, and improve conditions for non-motorized street users.

Tree survey means a graphic drawing indicating the location of all trees and a tabular listing indicating the size and species of all trees.

Tri-party agreement means an agreement between the city, site developer, and mortgagee of said development site by which the proceeds of the mortgage are pledged as collateral for installation and construction of the project's subdivision improvements. The mortgage must contain sufficient proceeds to fund construction and installation of the subdivision improvements. A tri-party agreement may only be consummated with an institutional lender including only a banking corporation or savings and loan association chartered by the United States of America or the State of Florida Comptroller, and based in or with offices in Florida.

Usable open space means that which is defined in appendix B for R-1B and PUD zoning.

Utilities means, but is not limited to, water systems, electrical power systems, fiber optics, gas systems, sanitary sewer systems, water reuse systems, storm drainage systems, telephone systems, and television cable systems.

(Ord. No. 2004-74, § 1, 10-12-2004; Ord. No. 2007-33, § 3, 5-22-2007; Ord. No. 2009-31, § 12, 8-25-2009; Ord. No. 2010-14, § 6, 4-13-2010; Ord. No. 2017-32, § 3, 7-11-2017; Ord. No. 2022-01, § 3, 1-25-2022)

(a)

Submission of sketch plan and pre-application conference. Applicants are encouraged to have a pre-application meeting with the community development director and city engineer or their designees, so that the city can prepare for an accelerated review.

(1)

Procedure. Prior to submission of a preliminary plat application, the subdivider may submit in writing a pre-application notice in the form of a letter with a sketch drawing to the community development director and city engineer for the proposed development and may confer with the community development director and city engineer to become familiar with the regulations affecting the land to be subdivided. This procedure does not require a formal application or fee. The sketch plan so submitted shall be considered by the community development director and the city engineer, as a means of advising the subdivider of the general requirements for development and the preliminary plat and to permit the subdivider to explain the general plan of development and obtain suggestions pertaining to it beneficial to the subdivider and the city.

(b)

Submission of preliminary plat. Submission of a preliminary plat shall be a prerequisite to the development of any subdivision. The preliminary plat shall be submitted before the final plat. Affordable housing projects shall be given priority over other pending subdivision applications, and accelerated review in the preliminary plat review process. Simultaneous planning and engineering review of affordable housing projects shall be permitted.

(1)

Procedure. The procedure for obtaining preliminary plat review and approval is as follows:

a.

The subdivider shall submit a completed preliminary plat application with all required exhibits as set forth in section 8.5(b)(2) to the city through the city's permitting process, pursuant to the city's adopted policies and procedures. The application and exhibits shall include:

1.

Affidavit of ownership executed by fee simple property owner before a notary public authorizing the applicant to submit an application for construction plan review;

2.

A digital version of the proposed subdivision prepared, signed and sealed by a State of Florida registered surveyor, in accordance with the design standards as set forth in section 8.6. All wording shall be in type that is at least one-tenth of an inch in height.

3.

A digital version of the preliminary construction plans at the same scale as the preliminary plat, prepared in accordance with the specifications and required exhibits as set forth in section 8.5(b)(2).

4.

A digital version of the boundary survey, including total acreage, signed and sealed by a State of Florida registered land surveyor.

5.

A certified digital version of an environmental impact assessment report including a tree survey.

6.

Fees. The subdivider shall pay to the city all applicable fees for the cost of processing the application, as prescribed from time to time by resolution of the city council.

b.

Before acting on the preliminary plat, the community development director shall receive written reports from the public works and utilities director, the fire department, the city engineering department, the building division, the city's legal counsel, and such other public officials or agencies determined to be necessary by the community development director. Such comments/corrections shall be provided and be based on factors relating to the plat which bear upon the public interest, consistency of the plat with the comprehensive plan, and relationship of the plat to city land development regulations. Once the preliminary plat is code compliant and all comments are addressed, the community development director shall consolidate the comments and recommendations and shall make a formal recommendation of approval, approval with conditions, or denial to the planning and zoning board.

c.

The planning and zoning board shall review the preliminary plat and required exhibits to determine its conformity with the comprehensive plan and these regulations. Upon completing its review, the planning and zoning board shall recommend to the city council their approval, approval subject to conditions, or disapproval of the preliminary plat. In recommending approval subject to conditions or in recommending disapproval, the reasons for such action shall be stated in writing and reference shall be made to the specific sections of this code with which the preliminary plat does not comply. The subdivider shall be notified of the recommendation.

d.

The city council shall consider the recommendation of the planning and zoning board and approve, approve subject to conditions, or disapprove the preliminary plat. All preliminary plat approvals are conditioned upon the subdivider's compliance with the requirements of section 8.5(d)3.a. of this code.

(2)

Required exhibits for the preliminary plat.

a.

A digital version of the preliminary plat shall be drawn at a scale of not less than 100 feet to one inch on paper 24 inches by 36 inches, by a State of Florida registered surveyor and/or by a State of Florida registered professional engineer, depicting the criteria below and meeting the standards listed in section 8.6:

1.

Boundaries of tract shown with bearings, distance, closures and bulkhead lines;

2.

Location, width, and depth of canals and waterways;

3.

Names of adjoining subdivisions;

4.

Future land use map classification and zoning designation, both on the land to be developed and on adjoining lands;

5.

Proposed street rights-of-way, street names, other proposed rights-of-way or easements, and their locations, widths, and purposes;

6.

Proposed lot lines, lot and block numbers, and approximate dimensions;

7.

Proposed parks, school sites, tracts, parcels, or other public open spaces;

8.

Title, date of preparation, true north point, and graphic scale;

9.

Name of owner, surveyor, and engineer who prepared the plat and surveyed the property;

10.

A site development notes table, identifying the following:

(a)

Subdivision number;

(b)

Future land use map classification of the plat area;

(c)

Zoning designation of the plat area;

(d)

Total acreage of the plat;

(e)

Total number of lots proposed;

(f)

Maximum permitted density and/or intensity (FAR);

(g)

Proposed density and/or FAR;

(h)

Proposed number of development phases;

(i)

Minimum required lot size;

(j)

Minimum provided lot size;

(k)

Average lot size provided;

(l)

Permitted building height (number of floors and overall height in feet);

(m)

Setbacks, required and provided (front, side corner, side interior, rear, and waterfront, as applicable);

(n)

Maximum impervious coverage per lot (in square feet and percentage).

11.

Current vicinity map showing relationship between area proposed for development and the surrounding area.

b.

A digital version of the boundary and topographical survey and tree survey of the property, all prepared and certified by a Florida-licensed and registered professional mapper and surveyor pursuant to F.S. ch. 472, drawn at the same scale as the preliminary plat and showing:

1.

The location of existing property lines, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, water reuse lines, city limit lines, and any public utility easements;

2.

Wooded areas, marshes, wetlands, scrub vegetation and any other physical conditions affecting the site;

3.

Contours and spot elevations based on National Geodetic Survey datum with a contour interval of one foot. Contours and spot elevations shall extend a minimum distance of 100 feet beyond property lines or a greater distance if topographic conditions warrant; and

4.

Total acreage of the property to be subdivided.

c.

Preliminary construction plans showing and meeting the standards in section 8.6 and technical provisions adopted pursuant to sections 8.11 and 8.12:

1.

Existing ground contours at one foot intervals and proposed elevation of area proposed for development;

2.

Typical cross sections of proposed grading, streets, sidewalks bikeways, and pedways;

3.

Preliminary layout of potable water distribution, sanitary and stormwater sewers, and water reuse lines, with grades and sizes indicated streets, sidewalks, and pedways; and

4.

Preliminary lot grading plan prepared according to city standards and specifications.

d.

Environmental impact assessment in accordance with appendix D, chapter 9, article IV, City Code.

(c)

Construction plan approval.

(1)

Submittal requirements. The following must be submitted to the city through the city's permitting process, pursuant to the city's adopted policies and procedures for engineering construction plan review.

a.

Affidavit of ownership executed by fee simple property owner before a notary public authorizing the applicant to submit an application for construction plan review;

b.

Boundary and topographical survey, and tree survey, all prepared and certified by a Florida-licensed and registered professional mapper and surveyor pursuant to F.S. ch. 472; and

c.

Construction plans meeting the technical provisions pursuant to sections 8.6, 8.11 and 8.12 for the subdivision-related site work, prepared and certified by a licensed and registered State of Florida engineer or architect. The construction plans must show the following:

1.

Water plan (profile required at utility crossings).

2.

Sanitary sewer plan and profile.

3.

Stormwater management study and stormwater management system plan, profile, and sections.

4.

Sidewalks, pedways, and bikeways plans.

5.

Usable open space plans (as applicable), including all amenity features and landscaping.

6.

Streets plan and profile.

7.

Reuse/reclaimed water plan.

8.

Master drainage plan, pursuant to F.S. ch. 471, as required by section 50-51 of this Code. A master drainage plan with the following shall be developed and approved as part of the construction plan approval:

(a)

A plan showing the proposed stormwater management system including swales, approximate finished floor elevation of existing structures, finished floor elevation of existing structures on adjacent property, physical locations and centerline elevations of the roadways within the boundaries of the site, transition grades to adjacent property, off-site tributary drainage entering the property, existing grade elevations determined by survey, location and tracing of all legal positive outfall(s) proposed for the site, and other pertinent information as may be required by the city engineer. This plan shall be provided as a standalone sheet(s).

(b)

Design spot elevations shall be provided at the corners of the individual lots, at the mid-points of the lot boundaries, and at all grade break points proposed in swales adjacent to lots.

(c)

Detail(s) for the proposed typical lot grading.

(d)

Side slopes within lots do not exceed a maximum of four feet horizontal to one foot vertical.

(e)

Stormwater runoff shall not encroach upon adjacent properties.

9.

Mass grading plan. The construction plans shall reflect the following:

(a)

Applies to the movement of earth, by mechanical means to alter the gross topographic features to prepare a site for final grading and the construction of buildings and facilities associated with the final developed use of the property.

(b)

A plan showing the existing and proposed grades for all earthwork required to develop the site showing:

i.

All surface drainage features required to manage bulk stormwater for the site;

ii.

Limits of excavation/fill adjacent to environmentally sensitive areas, wetlands, or conservation areas to remain undisturbed;

iii.

All fire lanes and emergency access ways;

iv.

All roadways within the site;

v.

All work requiring fill of existing ditches, swales or other natural stormwater conveyance; and

vi.

Other information deemed necessary by the city engineer or public works director to ensure appropriate drainage for the site and maintenance of historical drainage patterns.

d.

Project cost estimate prepared and certified by a State of Florida professional engineer licensed and registered pursuant to F.S. ch. 471, including but not limited to:

1.

Estimated cost of dedicated utilities.

2.

Estimated cost of roadways, as applicable.

3.

Estimated cost of sidewalks, as applicable.

e.

A copy of the approved county street name request.

(2)

Fees. The fees for construction plan review are set forth by resolution and approved by city council from time to time.

(3)

Approval of the preliminary plat shall not be construed as authority for filing of the plat with the clerk of the circuit court of Brevard County, nor as authority for the sale of lots in reference thereto. Approval of the preliminary plat shall, however, authorize the subdivider to exercise either of the following options preparatory to submitting the final plat:

a.

Option 1. Complete construction. Prepare construction plans and specifications for all required improvements which shall meet the approval of the city engineer and this code. After receiving an erosion and sedimentation control permit in accordance with section appendix D, chapter 9, article XVI, City Code, and receiving written approval of construction plans from the city engineer, a tree removal permit may be considered for issuance by the building department. Upon issuance thereof the subdivider is allowed to install all required improvements, including fill dirt, in accordance with the approved plans and specifications and shall complete the required improvements within one year from the date of construction plan approval. Time extensions to complete construction may be granted if approved by the city engineer. The owner/developer shall construct sidewalks in accordance with section 8.6(b)(7). The developer or owner of undeveloped lots shall provide sidewalks on such lots remaining vacant after three years (one year = 365 days) from the date of the issuance of a certificate of completion of the subdivision improvements. The owner/developer of the vacant lots shall construct the required sidewalk within six months after a period of three years from issuance of a certificate of completion of the required subdivision improvements. The subdivider shall post a bond for sidewalks in the amount of 110 percent of the cost of construction of said sidewalks, as estimated by the city engineer as a condition of final approval and acceptance of a certificate of completion. The bond shall satisfy the requirements of section 8.5(d)4.b. The owner/developer may periodically reduce the bond amount to account for the units already constructed.

b.

Option 2. Surety of completion of improvements. Prepare construction plans and specifications for all required improvements which shall meet the approval of the city engineer as described for option 1 and this code and provide a bond, or other surety, to guarantee construction and completion of all improvements as provided for in subsection 8.5(d)4.b. The bond/surety shall be in the amount of 110 percent of the construction costs, including fill dirt, as estimated by the city engineer.

No dedicated utility or road work shall be undertaken prior to a pre-construction conference, which shall be scheduled by the city engineer. Regardless of the option exercised, all work shall conform to all city regulations and shall be subject to the inspection and approval of the city engineer, who shall be regularly consulted by the subdivider and kept advised by the subdivider of each new phase of work being done. The city engineer, or his designee, shall make regular inspections to assure that the work meets all code requirements.

(d)

Submission of the final plat. Submission of a final plat shall be required of every subdivider, and no street shall be accepted and maintained by the city, nor shall any permit be issued by any administrative agent or department of the city for the construction of any building upon land concerning which a plat is required to be approved, unless and until a final plat has been approved by the city council and duly recorded by the clerk of the circuit court of Brevard County.

(1)

Sale of land with reference to unrecorded plats: Until a final plat is submitted, reviewed by the planning and zoning board, approved by the city council, and recorded by the clerk of the circuit court in the public records of Brevard County, no sale of lots or tracts with reference to said plat shall be consummated, nor shall the city accept any streets or other improvements which are intended to be dedicated to the public.

(2)

Issuance of building permits on unrecorded plat. Except as provided for in section 8.7, two building permits for single-family model homes, one building permit for a multiple-family building, and permits for one commercial/industrial lot may be issued by the building official prior to final plat approval in a proposed subdivision if:

a.

A preliminary plat has been approved;

b.

Construction plans have been approved;

c.

The portion of the unrecorded plat on which the building is to be located must meet all requirements of City Code, including meeting the definition of a "lot" as set forth in section 8.4;

d.

Improvements have been completed which provide fire service and fire access including a stabilized road and water service to the area where the models will be located; and

e.

Any other improvement that the city building official or city engineer deem necessary for safety. No certificate of occupancy (CO) or certificate of completion shall be issued, nor shall any additional permits for construction of residential, commercial or industrial units be issued, unless and until: i) a final plat is recorded by the Clerk of the Circuit Court of Brevard County for the section of the project in which the CO is requested; and ii) all subdivision improvements and related requirements have been completed and approved by the city engineer for the section of the project where the CO is requested.

(3)

Final plat approval procedure. The procedure for obtaining final plat approval is as follows:

a.

Submittal requirements. The following must be submitted to the city through the city's permitting process, pursuant to the city's adopted policies and procedures for final plat review:

1.

Affidavit of ownership executed by fee simple property owner before a notary public authorizing the applicant to submit an application for construction plan review;

2.

Boundary survey prepared and certified by a Florida-licensed and registered professional mapper and surveyor pursuant to F.S. ch. 472;

3.

A digital version of the final plat prepared, signed and sealed by a State of Florida registered surveyor drawn at the same scale as the preliminary plat; and

4.

Fees. The subdivider shall pay to the city all applicable fees for the cost of processing the application, as prescribed from time to time by resolution of the city council.

Failure to commence construction of site improvements or to file an application for final plat approval within one year of the preliminary plat approval or any extension granted by the city council upon written request by the subdivider, shall result in the preliminary plat approval expiring and being automatically terminated.

b.

Before the planning and zoning board acts on the final plat, the city engineer will certify compliance with or deviations from, the approved preliminary plat and the requirements of these regulations and that all subdivision improvements shall be or are constructed as provided in option 1 or option 2 as set forth herein above.

c.

The planning and zoning board shall review the final plat and required exhibits to determine conformity with the comprehensive plan and the preliminary plat. Upon completing its review, the planning and zoning board shall ensure the applicants have completed all application requirements and recommend to the city council approval, approval subject to conditions, or disapproval of the final plat. In recommending approval subject to conditions or in recommending disapproval, the reasons for such action will be stated in writing and reference shall be made to the specific sections of this code with which the final plat does not comply. The subdivider shall be notified of the recommendations.

d.

The city council shall consider the final plat and recommendations of the planning and zoning board and approve, approve subject to conditions, or disapprove the final plat.

e.

Action of the city council and the planning and zoning board shall be noted on the original Mylar, the digital version of the final plat, and on the five prints of the final plat. The original Mylar shall be properly signed and executed by the subdivider and his surveyor and joined in and consented to by all lienholders, all in the form as required for recording by the clerk of the circuit court of Brevard County. The original Mylar and required documents are to be recorded with the clerk of the circuit court of Brevard County. One reproducible copy and five prints of the plat and one copy of the recorded subdivision documents shall be retained by the city for administrative records. All fees and documents required by the clerk of the circuit court of Brevard County for the filing and recording of approved final plats and any subdivision documents shall be deposited by the subdivider with the clerk of the circuit court when final approval is received.

(4)

Required exhibits. Exhibits a. through f., conforming to the requirements hereinafter set forth, shall be provided by the subdivider at the time of application for final plat approval.

a.

The final plat shall be drawn on a Mylar at a scale of not less than 100 feet to the inch, meeting all the platting requirements of the city and state, and shall substantially conform to the preliminary plat as approved. The plat shall be drawn on Mylar, as described above, 24 inches wide by 36 inches long at a scale of not less than 100 feet to one inch. A margin of one inch shall be left on the top, bottom and right side of each sheet with a three-inch margin on the left side of each sheet for binding purposes. The final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this code. All legal documents set forth in section 8.5(d)(4)g. or other documents to be recorded prior to or simultaneous with the final plat shall be submitted to the city prior to or simultaneously with the final plat. The final plat shall be prepared by a surveyor, who shall be qualified by law to prepare plats for recording in the public records of the county, and shall show the following information:

1.

Each plat shall show the applicable section, township, and range of the property to be platted, and, if a land grant, the plat will so state.

2.

The name of the city, county, and state in which the land being platted is situated shall appear under the name of the plat as applicable.

3.

Each plat shall show a metes and bounds legal description of the lands subdivided, and the description shall be exactly the same in the title certification required to be submitted by section 8.5(d)(4)c. of this code. The description must be so complete that from it, without reference to the plat, the starting point and boundary can be determined.

5.

A site development notes table, identifying the following:

(a)

Subdivision number;

(b)

Future land use map classification of the plat area;

(c)

Zoning designation of the plat area;

(d)

Total acreage of the plat;

(e)

Total number of lots proposed;

(f)

Maximum permitted density and/or intensity (FAR);

(g)

Proposed density and/or FAR;

(h)

Proposed number of development phases;

(i)

Minimum required lot size;

(j)

Minimum provided lot size;

(k)

Average lot size provided;

(l)

Permitted building height (number of floors and overall height in feet);

(m)

Setbacks, required and provided (front, side corner, side interior, rear, and waterfront, as applicable);

(n)

Maximum impervious coverage per lot (in square feet and percentage).

6.

Name of surveyor/engineer of record with seal, signature, and a date of survey and plat preparation.

7.

Title, date, name of the subdivision, true north point, and graphic scale.

8.

The circuit court clerk's certificate and the land surveyor's certificate and seal.

9.

All section lines and quarter section lines occurring in the map or plat shall be indicated by lines drawn upon the map or plat, with appropriate words and figures. The point of beginning shall be indicated, together with all bearings and distances of the boundary lines. If the platted lands are in a land grant or are not included in the subdivision of governments surveys, then the boundaries are to be defined by metes and bounds and courses. The initial point in the description shall be tied to the nearest government corner or other recorded and well established corner.

10.

Location, width, and names of all streets, waterways, or other rights-of-way shall be shown, as applicable.

11.

All contiguous properties shall be identified by future land use map classification, zoning, subdivision title, and plat book and page, or, if unplatted, the land shall be so designated. If the subdivision to be platted is a re-subdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made; the fact of its being a re-subdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat.

12.

All lots shall be numbered either by progressively higher numbers or, if in blocks, progressively higher numbered in each block, and the blocks progressively numbered or lettered, except that blocks in numbered additions or phases bearing the same name may be numbered consecutively throughout the several additions or phases.

13.

Block corner radii dimensions shall be shown.

14.

Sufficient survey data shall be shown to positively describe the bounds of every lot, block, tract, street, easement, and all other areas shown on the plat. When any lot or portion of the subdivision is bounded by an irregular line, the major portion of that lot or subdivision shall be enclosed by a witness line showing complete data, with distances along all lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as "more or less," if variable. Lot, block, street, and all other dimensions except to irregular boundaries, shall be shown to a minimum of hundredths of feet. All measurements shall refer to horizontal plane and be in accordance with the definition of the U.S. survey foot or meter adopted by the National Institute of Standards and Technology.

15.

Curvilinear lots shall show the radii, arc distances, and central angles or radii, chord, and chord bearing, or both. Radial lines will be so designated. Direction of non-radial lines shall be indicated.

16.

Sufficient angles, bearings, or azimuth to show direction of all lines shall be shown, and all bearings, angles, or azimuth shall be shown to the nearest second of an arc.

17.

The centerlines of all streets shall be shown with distances, angles, bearings or azimuth, "P.C.s," "P.T.s," "P.R.C.s," "P.C.C.s," arc distance, central angles, tangents, radii, chord, and chord bearing or azimuth, or both.

18.

Park and recreation parcels as applicable shall be so designated.

19.

A certificate of consent and joinder to the plat, dedication of lands upon the plat, and recording of the plat executed by any mortgagee and lien holder, in form and substance reasonably acceptable to the city's legal counsel.

20.

The purpose of all areas dedicated must be clearly indicated or stated on the plat.

21.

When it is not possible to show curve detail information on the map, a tabular form may be used.

22.

A note stating: Fences are regulated in easements per section 9.47(d), appendix D, of this code.

23.

A note stating: All lots shall have a minimum of a ten-foot-wide easement along the front lot line parallel to the street for public utilities and all lots, except those utilizing zero lot line construction, shall have a minimum of a seven-and-one-half-foot wide easement centered on common side and rear lot lines. Utility easements to be used for storm sewer, sanitary sewer, or for water lines and water reuse lines six inches or greater in diameter, centered on common lot lines shall be a minimum of 20 feet wide.

24.

A note stating: Luminaries are regulated by appendix D, chapter 8, section 8.6(c).

25.

For residential development abutting an arterial and/or collector roadway, a note stating: This plat is subject to the special residential buffer, per appendix D, chapter 8, section 8.6(h).

26.

A note stating: Side lot easements along the boundaries of a single building site shall be terminated when two or more lots are used for a single building site, unless a drainage structure or utilities have been constructed within the easement. When more than one lot or parts of one or more lots are used as a single building site, the outside boundaries of the building site shall carry the side lot line easements provided and dedicated y this plat, provided that no utilities exist within said easement and proper verification has been made.

27.

A note stating: Subdivision signs are regulated by appendix D, chapters 8 and 11.

28.

Double frontage lots, where an abutting roadway is either not part of the same recorded plat or the abutting roadway is an arterial or collector roadway shall provide a plat note that restricts direct access to such roadways.

29.

The plat shall include in a prominent place the following statement: NOTICE: There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county.

30.

Location and widths of reservation, easements, tracts, and any areas to be dedicated for public use or sites for other than residential, commercial, or industrial use with notes stating their purpose and any limitations.

31.

A note stating: All platted public utility easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible for the damages. This section shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission.

32.

Information and certificates as required by F.S. §§ 177.071 and 177.081.

33.

Text dimensions. All text and numerical data shown on the plat must be a minimum of one-tenth inch in height. Details should be added where appropriate. Neatness and clarity on the plat are mandatory.

b.

Where the required improvements have not been completed prior to the submission of the final plat, the approval of the plat shall be subject to the subdivider, guaranteeing the installation of said improvements by filing a performance and payment bond executed by a surety company authorized to do business in the state by the Florida Insurance Commissioner; tri-party agreement; or a letter of credit issued by a Florida bank or savings and loan association, located in the state and licensed by the federal government or the State of Florida Comptroller to do business in Florida as a bank or savings and loan association in the amount of 110 percent of the construction cost, including fill dirt, as determined by the city engineer. The bond instrument may provide that portions of the security may be partially released, proportionate to the work completed, to the subdivider, from time to time, as work progresses; but the amount to be released shall be determined by the city engineer in accordance with the foregoing. All instruments shall be in form and substance satisfactory to and approved by the city attorney. Stormwater features, except conveyance areas or infrastructure within platted residential lots, shall be completed and not bonded prior to recording.

c.

Every plat of a subdivision submitted to the approving agency of the city must be accompanied by a title opinion by an attorney-at-law licensed to practice in the state or a certification by an abstractor or a title insurance company, authorized to do business as such by the Florida Insurance Commissioner, confirming that record title to the land as described and shown on the plat is in the name of the person, corporation, or legal entity executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the subdivider has record title to the land. The title opinion or certification shall also show all mortgages or other liens not satisfied nor otherwise terminated by law on the land to be platted and all other encumbrances or easements. The title opinion shall be certified to and in favor of the City of Melbourne and the Brevard County Clerk of the Circuit Court. Said opinion shall be in form and substance acceptable to the city attorney. No title opinion shall be more than 90 days old as of the date of recording of the final plat. As of the date of recording of the final plat, the subdivider shall certify under oath to and for reliance by the city and the clerk of the circuit court that there have been no changes in the state of title as depicted on the title opinion.

d.

Any proposed subdivision within a flood hazard area must comply with sections 13.191 through 13.198, appendix D, of this code. If proposed structure elevations are contingent upon a letter of map change as defined in section 13.152, appendix D of the code of ordinances, no certificates of occupancy (CO) shall be issued for a structure on any platted lot formerly located in Federal Emergency Management Agency (FEMA) designated flood zone A, AE, AO, AH, V, or VE until a map amendment or letter of map revision (LOMR) has been obtained for said lot or structure indicating that such structure has been removed from a special flood hazard area as acknowledged by FEMA as a result of construction improvements. All lots where no change in the status of the special flood hazard area has occurred shall remain eligible for building permits provided that the lowest floor elevation is elevated 1.33 feet above the base flood elevation. All construction must comply with article IX, chapter 13, appendix D, City Code, and no building permit or permit for subdivision improvements will be issued until the construction has been approved by the city's floodplain administrator pursuant to article IX, chapter 13, appendix D, City Code.

e.

A stormwater maintenance agreement substantially, in a form approved, from time to time, by resolution of the city council specifying the location, function, ownership, maintenance responsibility and access responsibilities for the stormwater management system consistent with chapter 50, City Code, shall be executed by the owner of the properties to be platted and joined in and consented to by any mortgagee or lienholder of the aforesaid. The agreement shall be in form and substance acceptable to the city attorney and city manager.

f.

The subdivider shall submit for review and approval to the community development director and the city engineer the documents set forth in this sub-paragraph. Upon request of the community development director or the city engineer, the documents shall be reviewed by the city's legal counsel. Upon review and approval of the documents, the documents shall be recorded in the Public Records of Brevard County, Florida, simultaneous with the recordation of the final plat:

1.

Articles of incorporation for a homeowner's, property owner's, or condominium association, if the property to be platted includes more than one parcel of property to be platted. The community development director may waive this requirement at the time of final plat approval, if there are no private improvements serving more than one lot. The articles of incorporation shall satisfy all requirements of either F.S. chs. 607 or 617, relating to corporations. The articles of incorporation shall include a provision stating that the city is not required to take title to or to operate any of the improvements in the subdivision upon dissolution of the association. The provision shall also provide that said provision cannot be amended or terminated without consent of the city. Upon approval of the articles of incorporation, they shall be filed with the State of Florida, Secretary of State at the expense of the subdivider. Prior to recording of the final plat, copies of the corporate charter and articles of incorporation marked "Filed" in the Secretary of State's office shall be submitted to the community development director. It is recommended, although not required by the city, that the original corporate charter and articles of incorporation marked "Filed" in the Secretary of State's office be recorded in the public records of Brevard County, Florida, simultaneous with the recordation of the final plat;

2.

Declaration of covenants, conditions, and restrictions for the subdivision, if the property to be platted includes more than one parcel of property to be platted. This document shall include provisions providing: that the covenants shall be covenants running with the land; that the common areas are subject to the jurisdiction of the association incorporated above in sub-paragraph f.1; that the association shall be responsible for maintenance of the common areas; that the association shall have the power to assess the various lots in the subdivision for funds to maintain the common areas, and that upon failure to pay said assessments, the association may place a lien against said lots; restrictions on use of portions of the property to be subdivided; and for a method by which the covenants and restrictions may be enforced. The covenants and restrictions shall continue in force for so long as the subdivision may exist. The common areas shall include entry areas for landscaping and display of subdivision related signage, stormwater retention/detention facilities, drainage easements, recreational areas, and other subdivision related facilities, and may include conservation areas;

3.

Deed conveying parcels of the common areas to the association incorporated above in subparagraph f.1. The deed shall be a statutory warranty deed;

4.

Easements to the city for water, sewer, drainage, conservation, or other purposes, whether on- or off-site. No easement shall be conveyed unless requested by the city. All easements shall warrant title, that the grantor holds title to the property and has the power to convey title, and that the grantor will defend the city against all claims against the title;

5.

Stormwater maintenance agreement substantially conforming to the form approved by the city;

6.

Water or sewer agreements required as a condition of construction plan approval;

7.

Letter from the St. Johns River Water Management District acknowledging receipt of the documents listed in this subparagraph;

8.

Receipt for payment of applicable recreation impact fees; and

9.

Form of infrastructure/construction (maintenance) warranty bond. Upon approval of the form of infrastructure/construction (maintenance) warranty bond (see definition in section 8.4), said bond shall be issued prior to recordation of the final plat.

The instruments set forth in subparagraphs f.1.-5. shall be joined in and consented to by mortgagees and lienholders of record at the time of recording of the final plat. All documents must be in form and substance acceptable to the city manager and city attorney. All costs for recording, documentary stamp taxes, and other applicable taxes and fees shall be paid by the subdivider.

g.

Installation of permanent reference monument and permanent reference points. Upon approval of the final plat by the city council, but prior to the recording of the final plat the subdivider shall cause a registered surveyor to install permanent reference monument (P.R.M.) points. Permanent reference monument points shall be placed in accordance with the following requirements:

1.

Subdivision corner tie. At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker, such as a U.S. government marker, section corner or quarter-section corner. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object or structure.

2.

Permanent reference monuments. Permanent reference monuments shall be placed at each corner or change in direction on the boundary of the lands being platted; however, "P.R.M.s" need not be set closer than 310 feet, but shall not be more than 1,400 feet apart. In all cases, there shall be a minimum of four "P.R.M.s" placed on the boundary of the lands being platted. Additional "P.R.M.s" shall be placed by the subdivider where required by the city engineer. Where such corners are in an inaccessible place, "P.R.M.s" shall be set on a nearby offset with the boundary of the plat, and such offset shall be noted on the plat. Where corners are found to coincide with a previously set "P.R.M.," the number on the previously set "P.R.M." shall be shown on the new plat or, if unnumbered, shall so state. Permanent reference monuments shall be set before the recording of the plat, and this will be so stated in the surveyor's certificate on the plat. Such "P.R.M." shall be shown on the plat by an appropriate designation.

3.

Permanent control points. "P.C.P.s" shall be set at the intersection of the centerline of the right-of-way at the intersection of all streets, at "P.C.s," "P.T.s," "P.R.C.s" and "P.C.C.s" and no more than 1,000 feet apart, on a tangent, between changes of direction, or along the street right-of-way or block lines at each change in direction, no more than 1,000 feet apart. Such "P.C.P.s" shall be shown on the plat by an appropriate designation. "P.C.P.s" shall be set prior to the expiration of the bond or other surety or guarantee insuring the installation of subdivision improvements. It is the land surveyor's responsibility to furnish the city engineer with said surveyor's certificate that the "P.C.P.s" have been set and the dates the "P.C.P.s" were set.

4.

Accuracy. The angular error of closure for surveys shall not exceed 25 seconds times the square root of the number of angles turned. The total error shall be no greater than 40 seconds. The linear error of closure for surveys shall not exceed one foot per 7,500 feet measured on the perimeter (1:7500).

h.

Recording of the final plat. Within 90 days after the final plat has been approved by the city council, it shall be recorded with the Clerk of the Circuit Court of Brevard County by the applicant unless such recording within 90 days is prevented by some legal regulation or requirement of the clerk of the circuit court, in which case, the recording shall be accomplished as soon as the subdivider has satisfied such regulation or requirement. If the subdivider fails to satisfy all requirements of approval which are a condition precedent to recording the final plat and fails to record the plat within 90 days following city council approval, the final plat approval shall automatically terminate, unless the foregoing time is extended by the city council for good cause. Filing of a lawsuit or other administrative action within said 90 day period shall automatically stay the aforesaid time period.

(Ord. No. 2004-74, § 1, 10-12-2004; Ord. No. 2006-79, § 12, 8-8-2006; Ord. No. 2009-31, § 13, 8-25-2009; Ord. No. 2013-02, § 80(8.5), 1-22-2013; Ord. No. 2016-19, § 1, 4-12-2016; Ord. No. 2024-70, § 2, 11-26-2024)

(a)

Minimum standards of design; plans and drawings. The design of the preliminary plat and final construction drawings, shall comply with the requirements herein. Approval of the final plat shall be subject to the subdivider's having installed the improvements hereinafter designated or having guaranteed, with bond or other surety as aforesaid, the installation of the improvements. The city engineer shall be responsible for approving all plans and specifications, for the required improvements, assuring adequate inspection of construction for compliance with the approved plans and specifications and for issuing a certificate of completion upon the acceptable completion of the work and installation of the improvements, subject to the required maintenance period. All plans shall be prepared by a registered professional engineer sealed by said engineer, and certified to and in favor of the City of Melbourne. All improvements shall be constructed by the applicants and inspected by the city engineering division. All construction and inspection shall comply with the requirements of the city and state and federal agencies including, but not limited to, the Florida Department of Environmental Protection, the U.S. Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Transportation, and the Florida Department of Health and Rehabilitative Services. Upon completion of the streets, stormwater systems, water, sewer, and reclaimed water systems, electric, gas, telephone utilities, and traffic control devices, acceptable to the city engineer, the city engineer may issue a certificate of substantial completion. This certificate does not certify completion of all improvements in the subdivision and is considered as a conditional certificate of completion. After completion of construction of all improvements and preliminary acceptance by the city engineer, the subdivider shall provide reproducible as-built drawings to the city for the purpose of maintaining a permanent record. Said drawings shall be prepared by State of Florida land surveyor and certified by a State of Florida professional engineer, under seal, certified to and in favor of the city. The certificate of completion shall not be issued until the drawings are delivered to and approved by the city engineer. The certificate of completion shall also signify acceptance of the city of all dedicated improvements.

(b)

Street improvements. The following requirements shall apply to all streets within the subdivision.

(1)

General requirements.

a.

The location and width of all proposed streets and bridges shall be in conformity with official plans and maps of the city, the comprehensive plan, and this code.

b.

The proposed street layout of subdivisions with public streets shall be integrated with the street system of the surrounding area. Existing streets shall be extended to provide a connection with adjacent compatible developments where platted rights-of-way or other streets abut the parcel being considered for subdivision approval. Parcels being developed for subdivision approval adjacent to other vacant parcels shall provide street rights-of-way and street improvements to the boundary of the adjacent parcel providing a future connection to the non-platted parcel if the land use and/or zoning of the adjacent parcel is compatible with the proposed plat. Connections shall be provided as required in section 8.6(b)(4)m. Subdivisions constructed with private streets shall be required to provide street connections to adjacent development or stub streets to vacant parcels except that a temporary fence, wall, gate, landscaped barrier, or other acceptable barrier may be permitted between the private street of a subdivision and the public street of subdivision or parcel. Pedestrian ways may be permitted, if desired, to provide a connection between the subdivision.

c.

Where it is possible to provide for street access to an adjoining property, proposed streets shall be extended, by dedication to the boundary of such property and a temporary turnaround shall be required, unless waived by the city due to public safety or for environmental protection. An easement for the turnaround shall be conveyed to the city in form and substance acceptable to the city manager and city attorney. The easement property shall be free of liens or security interests or consented to and joined in by all lienholders.

d.

There shall be no private streets or tracts platted in any subdivision, except where their control is dedicated or conveyed by warranty deed to the homeowners association with rights of use and right of reversion granted to the city under conditions set forth on the deed and stipulated on the final plat. The property shall be free of liens and security interests or the deed shall be consented to and joined in by all lienholders. The warranty deed shall be in form and substance required by the city manager and city attorney. All private streets shall conform with city standards for design and construction.

e.

Auxiliary lanes. Auxiliary lanes refer to acceleration, deceleration, and storage lanes. Developments that generate a.m. or p.m. peak hour traffic that exceeds the following thresholds shall provide the following site related acceleration, deceleration, and storage lanes:

1)

If more than 20 left turning vehicles per hour on a two-lane arterial or collector roadway, then left-turn lanes are warranted.

2)

If more than 50 right turning vehicles per hour on a two-lane arterial or collector roadway, then right-turn lanes are warranted.

3)

If more than 80 right turning vehicles per hour on a four-lane arterial or collector roadway, then a right-turn lane is warranted.

4)

If more than 100 right turning vehicles per hour on a six-lane arterial or collector roadway, then a right-turn lane is warranted.

5)

If an applicant for a development objects to the requirement for a turn lane, then a traffic analysis shall be submitted per the requirements outlined in the latest edition of the Transportation Technical Manual.

6)

A left-turn lane is recommended for any intersection that exceeds 30 vehicles per hour on multi-lane roadways. Exclusive left-turn lanes are identified as a required base on Highway Capacity Manual level of service analysis for multi-lane collector roadways. Two-way continuous left-turn lanes shall be designed as per the FDOT guidelines.

Notwithstanding the above-referenced thresholds, the city engineer will make the final determination whether to require an auxiliary lane in the interest of public safety. Special consideration will be given to urban, downtown areas containing substantial pedestrian traffic, as well as roadways that are maintained by other governmental agencies.

There may be cases where it will be desirable to provide room for right-turn deceleration, but an entirely separate deceleration lane is either too difficult to install due to design constraints, or is not reasonable. In these cases, a right-turn curb taper shall be provided in accordance with FDOT standards.

Right-turn acceleration lanes shall not be provided.

f.

The proposed street layout of subdivisions with residential public streets shall be reviewed for conditions which would promote or result in operating speeds greater than the posted speed or unreasonably attract traffic volumes beyond the immediate street or area streets within or in close proximity to the subdivision. The traffic engineer may require the redesign of the road pattern to address traffic safety issues including the construction of traffic calming measures.

(2)

Street names. Proposed streets that are obviously in alignment with other existing and named streets, shall bear the assigned name of the existing streets. In no case shall the name for a proposed street duplicate or be phonetically similar to existing street names, and the fact that the name is sought to be distinguished only by employing a different designation of the type of public way, such as street, avenue, boulevard, drive, place, court and the like, shall not suffice. Street names shall require the approval of the city engineer and the county 911 emergency system. Street name and other regulatory signs including pavement markings and signal systems shall be provided within the subdivision by the subdivider. All traffic control devices shall be in accordance with the most recent edition of the Manual of Uniform Traffic Control Devices (MUTCD).

(3)

Grading. All streets should be graded to their full right-of-way width. All areas required for roadways, drainage, or utilities shall be cleared. The applicant shall attempt to save trees by creating landscape tracts or realigning the roadway where possible. Finished grade, cross section, and profile shall be approved by the city engineer consistent with this code.

(4)

Design standards for streets. The following street design standards shall be considered minimum requirements for rights-of-way within subdivisions and for rights-of-way for all facilities in the city:

a.

Right-of-way widths. Minimum street right-of-way widths shall be in accordance with the major street plan and shall not be less than the following:

b.

Paving. Road base and paving shall be installed in accordance with the specifications and standards of the city adopted pursuant to sections 8.11 and 8.12 of this code.

c.

Pavement widths. All street or roadway segments shall be constructed with a single uniform width. Pavement widths measured from back-to-back of curb shall be not less than the following and shall apply to all streets within subdivisions and for all other facilities in the city:

d.

Pavement repairs. Materials for making pavement repairs shall conform to the city's specifications for street construction.

e.

Curbs and gutters. Combination curb and gutter shall be installed in accordance with the specifications and standards of the city except for residential alleys.

1.

Gutter slopes shall be a minimum of 0.28 percent.

2.

Standard curb and gutter shall be provided on both sides of arterial and collector streets.

3.

Miami curb may be permitted on all other streets.

f.

Horizontal curves. Where a centerline deflection angle of more than two degrees occurs, a circular curve shall be introduced, having a centerline radius of not less than the following:

g.

Vertical curves. Vertical curves are required when the algebraic difference of the intersecting grades is equal to or exceeds one percent. The required minimum length for vertical curves shall be as follows: On both sag vertical curves and crest vertical curves, the length required for the site difference shall be based on the designed speed.

h.

Minimum grade. Minimum slope for all streets shall be 0.28 percent. Finished grades shall be approved by the city engineer. Street crowns shall be according to city specifications.

i.

Tangents. A tangent of not less than 100 feet in length shall be provided between reverse curves on all collector and major streets.

j.

Intersections. Street intersections shall be laid out as follows:

1.

Streets shall intersect as nearly as possible at right angles and no street shall intersect at less than 60 degrees.

2.

Intersections with a major arterial shall be at least 800 feet apart measured from centerline to centerline, or meet the minimum separation requirements established by the jurisdiction having authority over the maintenance of the roadway, whichever is greater.

3.

Property lines at street intersections shall be rounded with a minimum radius of 25 feet. At an angle of intersection of less than 75 degrees a greater radius may be required.

4.

A centerline offset of at least 125 feet shall be provided at street jogs.

5.

On any major or minor arterial within 150 feet of its intersection with another major or minor arterial, the right-of-way width shall be increased by 12 feet on both sides to permit proper intersection design. This additional right-of-way shall be dedicated or conveyed as a public right-of-way easement.

k.

Cul-de-sac. Permanent dead-end streets shall not exceed 1,000 feet in length, and shall be provided with a turnaround having a right-of-way radius of at least 50 feet and with a paving radius of at least 42.5 feet. Culs-de-sac less than 300 feet in length may provide a paved circular turn around of 79 feet in diameter measured back-of-curb to back-of-curb. However, no parking shall be permitted in culs-de-sac with less than an 85-foot paved surface diameter. Temporary dead-end streets shall be constructed with a turnaround radius of at least 39.5 feet. Temporary turnarounds shall be constructed in accordance with the city's specifications and provided by executing a cul-de-sac agreement pursuant to section 8.5.

l.

Alleys. Alleys shall be provided to the rear of all lots used for other than residential purposes unless other provisions are made for service access and are approved by the city council. Alleys in residential blocks must be recommended by the planning and zoning board and approved by the city council. All alleys shall be constructed in accordance with city specifications and standards.

m.

Blocks. The maximum and minimum lengths and widths of blocks shall be as follows:

1.

Length. Blocks shall not exceed 1,500 feet nor be less than 500 feet.

2.

Widths. Blocks shall have sufficient width to allow two tiers of lots of at least minimum depth as required by the zoning ordinance for the particular district classification. Blocks may consist of single tier lots where such are required to separate residential development from through vehicular traffic, nonresidential uses, the outer edge of the subdivision, or when abutting wetlands, tracts, or other non-platted parcels.

3.

Nonresidential blocks. Such blocks shall require a length sufficient to serve the intended use without adversely affecting traffic circulation of existing or proposed surrounding streets. The width shall be sufficient to provide adequate service areas and parking without requiring excessive points of ingress and egress on abutting streets, and without requiring vehicular maneuvering on public right-of-way. Lots within such blocks shall require a common vehicular access easement dedicated to the use, maintenance and benefit of all lots within the block, or a marginal access street shall be provided, to prevent points of ingress and egress from each lot to the abutting street.

n.

Traffic calming measures required. When in the opinion of the traffic engineer the design of the street system within a subdivision could likely create the potential for excessive speeds or excessive traffic volumes due to restrictive or hindered design options available to develop a subdivision, the traffic engineer is authorized to require the construction of traffic calming measures within the street system of the subdivision as a condition of preliminary plat review and approval and subdivision construction plan review and approval.

(5)

Bridges. Bridges shall be designed by a registered professional engineer and constructed only at locations in accordance with the official plans of the city. When bridges are required, they shall be provided by the subdivider across all canals and waterways within the subdivision to provide adequate ingress and egress to all areas. The design of such bridges shall be subject to approval by the city engineer and where applicable to U.S. Coast Guard, the U.S. Army Corps of Engineers, and the Florida Department of Environmental Protection.

(6)

Right-of-way landscaping. All unpaved areas, and above ground utility facility locations within street rights-of-way shall be properly treated with top soil, sprigged, landscaped and maintained until growth is relatively permanent. The plan for such landscaping shall be in conformance with currently approved standards of the city and the design for landscaping at intersections adopted by FDOT, Roadway and Traffic Design Standards, Index No. 546. Landscaped islands or medians may be permitted within the right-of-way of all subdivisions including entrances. These islands shall be designated on the plat and in the subdivision covenants, conditions, and restrictions or stormwater maintenance agreement, as separate tracts to be maintained by an incorporated homeowners' or property owners' association having an enforceable right of assessment for maintenance purposes. The tracts shall at the time of recordation of the final plat in the public records be conveyed by warranty deed to the homeowners' or property owners' association. The islands shall meet the landscaping requirements of appendix D, chapter 9, article XV, City Code. Subdivision identification signs may be constructed consistent with the requirements of appendix D, chapter 11, and appendix D, chapter 9, article XV, section 9.273(d)(4), City Code. Gatehouses, guard stations, and other such structures constructed at the entrances of subdivisions or other commercial or residential developments, shall be placed so that a minimum of 20 feet of horizontal clearance is maintained for both access drives or travel lanes. Such structures shall not obstruct sight distance at intersections and shall be setback at least ten feet from the pavement edge of the public street intersecting the subdivision entry streets. Such structures shall be provided and constructed in platted tracts.

(7)

Sidewalks. As a condition of the issuance of a building permit for any construction project, the city shall require the developer to construct a sidewalk along the developer's street frontage at the time of development, unless the developer is eligible to make a cash payment to the city in lieu of constructing the sidewalk along the street frontage pursuant to appendix D, chapter 9, article VII.

a.

All development, including subdivisions, shall provide sidewalks adjacent to the roadway on which the subdivision or development fronts. Sidewalks shall also be provided on both sides of all arterials, collectors, local streets, and marginal access streets located within a subdivision, or on streets abutting the subdivision, unless otherwise provided in this code or in the Melbourne Comprehensive Plan.

b.

All sidewalks shall be placed within a right-of-way. Whenever this is not possible, sidewalks shall be provided through the creation of access easements.

c.

Location and width. All sidewalks shall be placed as far from the roadway as practical and shall be free of all obstructions. The location criteria established in the "FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" should be followed. If a sidewalk must be placed immediately adjacent to the curb, a wider sidewalk shall be required.

Sidewalks along arterial and collector streets shall be a minimum of five feet in width. Sidewalks no less than four feet in width shall be required along both sides of local residential streets.

d.

The owner/subdivider shall be responsible for constructing sidewalks in common areas, including tracts, and such sidewalks shall be installed prior to the final inspection of the subdivision improvements for the issuance of a certificate of completion. Each sidewalk shall extend to a curb cut at all street intersections which provides access connections to the sidewalk from the street. All access connections shall provide ADA handicapped accessible ramps consistent with requirements to implement the Americans with Disabilities Act, 42 USC 12101 et seq. All sidewalks shall be constructed in accordance with the provisions set forth in chapter 9, article VII, section 9.107.

e.

All developments must provide, to and from designated transit station stops, sidewalks which provide interconnected routes to the public and private sidewalk system. Where such transit station stops are located, additional sidewalk width may be required to provide for the construction of a shelter/bench and provide adequate width for anticipated pedestrian volumes and users.

(c)

Utilities. Sanitary sewer, water distribution, and reclaimed water systems shall be designed in accordance with the city master plan, article II, chapter 58, City Code, and the specifications and standards in effect at the time of construction plan submittal, and installed by the subdivider and approved by the city. The number and location of fire hydrants and the size of water mains supplying the hydrants shall be reviewed by the city fire chief, subject to approval by the city engineer. In residential subdivisions, utility service connections to individual properties of electricity, telephone, gas, and cable television communication shall be placed underground. All utilities shall be installed within rights-of-way, tracts with utility easements, or within utility easements designated on the plat.

(1)

Utility easements. Utility easements shall be provided for all lots as follows:

a.

Width of easements. All lots shall have a minimum of a ten-foot wide easement along the front lot line parallel to the street for public utilities and all lots, except those utilizing zero lot line construction, shall have a minimum of a 7.5-feet wide easement centered on common side and rear lot lines. Utility easements to be used for storm sewer, sanitary sewer, or for water lines and water reuse lines six inches or greater in diameter, centered on common lot lines shall be a minimum of 20 feet wide. Other easements desired by the subdivider for access, or for the installation of gas mains, reclaimed water lines and water lines less than six inches in diameter, telephone lines, electric service lines and conduits, and cable television lines shall be a minimum of ten feet wide centered on the side and/or rear lot line and meet the requirements of this code.

b.

Structures. Structures or other obstructions not pertaining to public utilities or public sidewalks shall not be located in any utility easements; provided that fences or walls may be installed consistent with section 9.47(d), appendix D and other provisions of this code.

(2)

Oversized utility facilities. The city may participate in the cost of facilities and improvements which must be designed to serve more extensive areas than the subdivision, if in the opinion of the city council, an unnecessary burden would be imposed on the subdivider.

(3)

Luminaries. Luminaries including street lights shall be installed within the street rights-of-way and shall conform to the latest National Electrical Code, FDOT and City of Melbourne design standards in effect at the time of construction plan approval for residential development or commercial development, depending on the type of subdivision. All street light utility systems shall be provided with minimum separation and shall be designed to reduce glare on non-public property. Street light locations shall be approved by the city engineer. Luminaries shall be provided throughout the subdivision upon issuance of a certificate of completion. Luminaries shall be placed no closer than 300 feet to one another except in cul-de-sacs or as determined by the city engineer during construction plan review. For the purposes of providing uniformity in street lighting standards, street lights may be installed in strategic areas in the subdivision prior to issuance of a certificate of completion. Street lights situated on rights-of-way or easements shall be maintained free from vegetation and/or other obstructions that may block, deflect or redirect light patterns.

(d)

Stormwater management. A complete stormwater management system plan, in conformance with chapter 50, City Code, shall be provided for all areas of the subdivision for conveying and storing stormwater runoff within or across the subdivision lands. All drainage improvements shall be installed in accordance with the approved stormwater management system plan and all specifications and standards of the city, and shall be platted as tracts or parcels for treatment facilities, and shall include necessary easements for conveyance. No certificate of occupancy shall be issued until a drainage system, consistent with the master drainage plan permitting by the city, has been constructed, and documented through certified as-built survey, meeting the above requirements.

(e)

Bulkheads. Bulkheads shall be designed by a registered professional engineer and constructed along the waterfront perimeter of all landfills, one foot within the property line. The top of the bulkheads shall be not less than three feet above mean sea level. Construction shall meet city specifications and standards.

(f)

Parks and open space in platted subdivisions. See appendix D, chapter 10, section 10.25, City Code, and concurrency requirement guidelines in appendix D, chapter 3, City Code.

(g)

Lots. All lots shall front upon a public or private street paved to city specifications. Double-frontage lots are to be avoided if possible. Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivision. The size, shape and orientation of nonresidential lots shall be appropriate for the type of development and use contemplated. All lots and lot dimensions shall comply with the requirements of the city zoning ordinance as to width, depth and area. In addition, the following requirements shall apply to residential lots:

(1)

Width. All lots fronting on a curve shall have a minimum width at the front lot line meeting the requirements of article V section 2, table 2B, footnote (1), appendix B, City Code.

(2)

Orientation. Side lot lines shall be substantially at right angles or radial to street lines.

(3)

Building setback lines. The minimum setback from property lines shall be as required by the city zoning ordinance.

(h)

Special buffers for residential subdivisions. Where a residential subdivision borders on or contains a collector or an arterial street, such buffer standards shall be in accordance with appendix D, chapter 9, article XV, section 9.273.

(i)

Tracts. Tracts used for the associated infrastructure of a subdivision are not required to meet the minimum standards of a lot, as defined, for zoning purposes.

(Ord. No. 2004-74, § 1, 10-12-2004; Ord. No. 2007-33, § 4, 5-22-2007; Ord. No. 2007-74, § 2, 9-25-2007; Ord. No. 2009-31, § 14, 8-25-2009; Ord. No. 2017-32, § 3, 7-11-2017; Ord. No. 2018-04, § 2, 2-13-2018; Ord. No. 2024-70, § 2, 11-26-2024; Ord. No. 2025-19, § 2, 4-8-2025)

(a)

In lieu of the standard platting process established in section 8.5 above, this section establishes a process for issuing building permits for residential subdivisions or planned communities in accordance with the Florida Building Code and this section before a final plat is recorded with the clerk of the circuit court.

(1)

An applicant for a residential subdivision may elect to submit an application for subdivision approval to receive expedited building permit review and approval for those residential units between preliminary plat and final plat approval pursuant to F.S. § 177.073.

(2)

If the applicant elects to request more than the number of building permits eligible for an unrecorded plat pursuant to section 8.5(d)(2), and up to 50 percent, (as amended in state statutes) of the building permits for residential units within the proposed subdivision prior to final plat approval, the applicant must comply with the procedures established within this section. The "up to 50 percent" provision of this subsection shall automatically be revised to state "up to 75 percent" effective December 31, 2027.

(b)

Pre-application conference. A pre-application meeting with city staff is strongly recommended to discuss a proposed expedited residential subdivision application/process, pursuant to this section.

(c)

Submittals. Procedure for the submission of expedited residential subdivision two-step process preliminary plat and construction plans.

(1)

Expedited residential subdivision preliminary plat submission requirements. The process for obtaining preliminary plat review and approval is as follows:

a.

The subdivider shall submit a completed expedited residential subdivision preliminary plat application with all required exhibits as set forth in section 8.5(b)(2) through the city's permitting process, pursuant to the city's adopted policies and procedures for expedited residential subdivision preliminary plat review. The application and exhibits include digital versions of the following:

1.

Affidavit of ownership executed by fee simple property owner before a notary public authorizing the applicant to submit an application for construction plan review;

2.

A boundary and topographical survey and tree survey of the property, including total acreage, prepared and certified by a Florida-licensed and registered professional mapper and surveyor pursuant to F.S. ch. 472, drawn at the same scale as the preliminary plat.

3.

The preliminary plat, which is the proposed subdivision prepared in accordance with the submittal requirements as set forth in section 8.5 and the design standards as set forth in section 8.6. All wording shall be in type that is at least one-tenth of an inch in height.

4.

A notarized signed affidavit from the applicant, identifying the number of building permits and the percentage of planned homes to be issued for the residential subdivision or planned community under the expedited process.

5.

A certified environmental impact assessment report, consistent with appendix D, chapter 9, article IV of this Code, including a tree survey.

6.

Fees. The subdivider shall pay to the city all applicable fees for the cost of processing the expedited residential subdivision preliminary plat application, as prescribed from time to time by resolution of the city council.

b.

The applicant shall acknowledge that the expedited process requires the engineer of record to design and install improvements at risk, prior to council consideration.

(2)

Expedited residential subdivision construction plan submission requirements. The city is requiring the minimum safety, infrastructure, and site improvements (the minimum required improvements as used in this section) for a proposed residential subdivision that requests building permits through this section 8.7.

a.

The applicant must submit a completed expedited construction plan application with all of the required exhibits as set forth in section 8.5(c) through the city's permitting process, pursuant to the city's adopted policies and procedures for engineering construction plan review. The application and exhibits include digital versions of the following:

1.

Affidavit of ownership executed by fee simple property owner before a notary public authorizing the applicant to submit an application for construction plan review;

2.

A boundary and topographical survey and tree survey of the property, including total acreage, prepared and certified by a Florida-licensed and registered professional mapper and surveyor pursuant to F.S. ch. 472, drawn at the same scale as the preliminary plat;

3

A copy of the submitted preliminary plat.

4.

A copy of the affidavit from the applicant, identifying the number of building permits and the percentage of planned homes to be issued for the residential subdivision or planned community under the expedited process.

5.

Master drainage plan, pursuant to F.S. ch. 471, as required by section 50-51 of this Code. Where a residential subdivision is being proposed pursuant to this section 8.7, a master drainage plan with the following shall be developed and approved as part of the construction plan approval:

i.

A plan showing the proposed stormwater management system including swales, approximate finished floor elevation of existing structures, finished floor elevation of existing structures on adjacent property, physical locations and centerline elevations of the roadways within the boundaries of the site, transition grades to adjacent property, off-site tributary drainage entering the property, existing grade elevations determined by survey, location and tracing of all legal positive outfall(s) proposed for the site, and other pertinent information as may be required by the city engineer.

This plan shall be provided as a standalone sheet.

ii.

Design spot elevations shall be provided at the corners of the individual lots, at the mid-points of the lot boundaries, and at all grade break points proposed in swales adjacent to single family residential lots.

iii.

Must include details for the proposed typical lot grading.

ix.

Side slopes within residential lots do not exceed a maximum of four feet horizontal to one foot vertical.

v.

Stormwater runoff shall not encroach upon adjacent properties.

6.

Mass grading plan. Where a residential subdivision is being proposed pursuant to this section 8.7, a mass grading plan shall be developed as part of the construction plans for the preliminary plat, which reflects the following:

i.

Applies to the movement of earth, by mechanical means to alter the gross topographic features to prepare a site for final grading and the construction of buildings and facilities associated with the final developed use of the property.

ii.

A plan showing the existing and proposed grades for all earthwork required to develop the site showing:

(a)

All surface drainage features required to manage bulk stormwater for the site;

(b)

Limits of excavation/fill adjacent to environmentally sensitive areas, wetlands, or conservation areas to remain undisturbed;

(c)

All fire lanes and emergency access ways;

(d)

All roadways within the site;

(e)

All work requiring fill of existing ditches, swales or other natural stormwater conveyance;

(f)

Other information deemed necessary by the city engineer or public works director to ensure appropriate drainage for the site and maintenance of historical drainage patterns.

(g)

The city engineer may require construction of retaining walls, roof gutters piped directly to discharge into a swale or other outfall, underdrains, or any other facilities necessary to provide adequate drainage.

7.

Project cost estimate prepared and certified by a Florida professional engineer licensed and registered pursuant to F.S. ch. 471, including but not limited to:

i.

Estimated cost of dedicated utilities.

ii.

Estimated cost of roadways, as applicable.

iii.

Estimated cost of sidewalks, as applicable.

8.

Construction plans for the expedited residential subdivision-related site work, meeting the standards in section 8.6 and technical provisions adopted pursuant to sections 8.11 and 8.12, and prepared and certified by a licensed and registered Florida engineer.

9.

A copy of the approved county street name request for rights-of-way within the proposed subdivision.

b.

Fees. The fees for expedited residential subdivision construction plan review, as prescribed from time to time by resolution of the city council.

c.

The applicant shall identify whether a third-party qualified professional will be requested from the city's registry of qualified contractors to assist with expedited review of the construction plans.

(d)

Review and approval of construction plan requirements. Review and approval for expedited permitting of residential subdivisions shall include the minimum required improvements.

(1)

Review. Before acting on the preliminary plat, the city engineer shall distribute the subdivision-related construction plans for review/comment to the community development department, public works and utilities director, fire departments, the city engineering department, the building division, the city's legal counsel, and such other county and state agencies determined to be necessary by the city engineer. Such comments shall include factors relating to the plat which bear upon the public interest, state and federal required permits, and relationship of the plat to city land development regulations.

(2)

Approval of construction plans. Once staff comments are addressed, the process to approve construction plans are as follows:

a.

Substantial approval. Staff will issue a substantial approval to the construction plans.

b.

Pre-construction conference. A pre-construction conference is held with the owner, design professionals and contractors for the project. The purpose of the meeting is to detail the steps of construction.

c.

Plan approval. Upon completion of the previously identified steps, the city engineer will apply an approval stamp to the construction plans, which includes an expiration date and any stipulations required with city approval.

d.

Receipt of outside agency permits. Construction shall not commence until all outside agency permits have been obtained and provided to the city. If modifications to the approved plans are necessary due to outside permit agency requirements, the applicant shall notify the city and resubmittal of the construction plans may be required, at the discretion of the city engineer.

(3)

Construction of minimum required improvements. Prior to the effectiveness of preliminary plat approval, the following improvements shall be completed:

a.

Fire and emergency services access to the site;

b.

Water mains shall be installed up to the meter connection points, including all fire hydrants to support fire service;

c.

All sewer force main and gravity main shall be installed within the future right-of-way;

d.

Mass grading for the relevant phase of the residential subdivision and all areas required to support emergency services access and all stormwater management necessary for that phase;

e.

Excavation of stormwater facilities in support of the areas where mass grading has occurred; and

f.

Other improvements deemed necessary by the city engineer and/or the building official in support of public health, safety, and welfare.

To be deemed complete, and for a preliminary plat approval to be deemed effective, all inspections of site work shall be completed and a certificate of completion shall be issued by the city engineer.

(e)

Preliminary plat requirements, review and approval for expedited permitting of residential subdivisions; effective date.

(1)

Review. The community development director, or his/her designee, shall receive written reports comments from the public works and utilities department, fire department, city engineering department, building division, the city's legal counsel, and such other public officials or agencies determined to be necessary by the community development director. Such comments/corrections shall be provided and be based on factors relating to the plat which bear upon the public interest, consistency of the plat with the comprehensive plan, and relationship of the plat to city land development regulations. Once the plat is code compliant and all comments are addressed, the community development director shall consolidate the comments and recommendations and shall make a formal recommendation of approval, approval with conditions, or denial to the planning and zoning board.

(2)

Coordination of preliminary plat with subdivision construction plans. A preliminary plat shall not be considered by the planning and zoning board and city council until the master drainage plan and the master grading plan have been substantially approved by the city engineer. The preliminary plat shall be consistent with and reflect all of the easements and tracts necessary to support the constructed drainage design indicated in the master drainage plan. The preliminary plat shall and subdivision improvements shall be designed and constructed as required by section 8.6.

The minimum required improvements identified in subsection 8.7(d)(3) shall be constructed entirely and shall not be bondable prior to preliminary plat approval.

(3)

Public hearing process: Planning and zoning board/local planning agency consideration. Once the subdivision-related construction plans are substantially approved by the city engineer, the planning and zoning board shall review the preliminary plat and required exhibits to determine its conformity with the comprehensive plan and these regulations. Upon completing its review, the planning and zoning board shall recommend to the city council their approval, approval subject to conditions, or disapproval of the preliminary plat. In recommending approval subject to conditions or in recommending disapproval, the reasons for such action shall be stated in writing and reference shall be made to the specific sections of this code with which the preliminary plat does not comply. The subdivider shall be notified of the recommendation.

(4)

Public hearing process: City council consideration of the preliminary plat; effective date. The city council shall review the preliminary plant and shall consider the recommendation of the planning and zoning board and conditionally approve, conditionally approve subject to conditions, or disapprove of the preliminary plat. Preliminary plat approval is not effective until the construction plans are approved and the minimum required improvements are complete in compliance with the requirements of section 8.7(c) of this code.

(f)

Building permits applications and permit issuance. Applications can precede preliminary plat approval and subsequently, the city shall issue the number or percentage of building permits requested by an applicant in accordance with the Florida Building Code and this section, provided the residential buildings or structures are unoccupied and all of the following conditions are met:

(1)

A preliminary plat for each residential subdivision or planned community has been approved by city council and has been determined to be in effect.

(2)

The applicant provides proof to the building division that the applicant has provided a copy of the approved preliminary plat, along with the approved construction plans for the expedited process.

(3)

The completion of the minimum required improvements for a construction site, per section 8.7(d).

(4)

An applicant may not obtain a temporary or final certificate of occupancy for any residential structure or building for which a building permit is issued until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

(5)

A master building permit process consistent with F.S. § 553.794 for applicants seeking multiple building permits for residential subdivisions or planned communities. For purposes of this paragraph, a master building permit is valid for three consecutive years after its issuance or until the adoption of a new Florida Building Code, whichever is earlier. After a new Florida Building Code is adopted, the applicant may apply for a new master building permit, which, upon approval, is valid for three consecutive years.

(g)

Final plat requirements, review and approval; recording.

(1)

The subdivider shall follow the final plat application process with all required exhibits as set forth in section 8.5(d)(3).

(2)

Review. The community development director, or his/her designee, shall receive written reports comments from the public works and utilities department, fire department, city engineering department, building division, the city's legal counsel, and such other public officials or agencies determined to be necessary by the community development director. Such comments/corrections shall be provided and be based on factors relating to the plat which bear upon the public interest, consistency of the plat with the comprehensive plan, and relationship of the plat to city land development regulations. Once the plat is code compliant and all comments are addressed, the community development director shall consolidate the comments and recommendations and shall make a formal recommendation of approval, approval with conditions, or denial to the planning and zoning board.

(3)

City council consideration; effective date. The city council shall consider the recommendation of the planning and zoning board and conditionally approve, conditionally approve subject to conditions, or disapprove the preliminary plat. Final plat approval is not effective until the construction plans are approved and the required improvements are complete in compliance with the requirements of section 8.7(c) of this code.

(4)

In order to record, the applicant shall hold a valid performance bond for up to 130 percent of the necessary improvements, as defined in F.S. § 177.031(9), that have not been completed upon submission of the application under this section, including any phase-by-phase basis for PUD subdivisions.

(5)

An applicant may contract to sell, but may not transfer ownership of, a residential structure or building located in the residential subdivision or planned community until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

(6)

An applicant may not obtain a temporary or final certificate of occupancy for each residential structure or building for which a building permit is issued until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

(Ord. No. 2024-70, § 2, 11-26-2024)

(a)

The city council may authorize a variance to the extent that these regulations are inconsistent with the Melbourne Comprehensive Plan as amended from time to time. Alternatively, a variance from this code may be granted except from sections 8.5(d)(4)b. and 8.7, if the subdivider demonstrates by a preponderance of the evidence that:

(1)

There are circumstances or conditions affecting the property which are such that the strict application of the provisions of this code would substantially limit the applicant in the reasonable use of his land;

(2)

The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated;

(4)

Compliance with the requirements in this code causes a practical difficulty; and

(5)

Approval of the variance is consistent with the Melbourne Comprehensive Plan. In granting any variance, the city council shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings as required herein below, the city council shall take into account the nature of the proposed use of the land and the existing use of the land in the vicinity.

(b)

Application for any such variance shall be submitted in writing by the subdivider to the community development director and city engineer and reviewed by the planning and zoning board at the time the preliminary plat is considered. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner. All such applications shall be considered and studied by the planning and zoning board who shall make written recommendations to the city council concerning such application, which recommendations shall become a part of the final record of the city in connection with said application. In considering such application, the planning and zoning board shall use the criteria set forth in subsection (a) of this section.

(Ord. No. 2004-74, § 1, 10-12-2004; Ord. No. 2024-70, § 2, 11-26-2024)

(a)

Amendments. The city council shall from time to time on its own motion, or on recommendation of the planning and zoning board or any other department or agency of the city, amend, supplement or repeal the regulations and provisions of this code to ensure consistency with federal, state, and local law.

(b)

Interpretation.

(1)

Community development director to interpret. All questions of interpretation relating to this subdivision code and any regulations promulgated pursuant hereto shall be first presented to the community development director. Interpretations of this subdivision code may include, but shall not be limited to, ascertaining the meaning and application of words, terms, and provisions herein and regulations promulgated pursuant hereto.

a.

In interpreting this code and the regulations promulgated pursuant hereto, the community development director shall be guided first by the plain meaning of the word and terms in this code and the implementing regulations and second by the intent expressed herein, if any. The community development director shall make interpretations by interpreting the code and its implementing regulations as a whole and not by taking specific words or clauses in isolation.

b.

Prior to making an interpretation of the provisions of this subdivision code or its implementing regulations, the community development director may require the building official, city's legal counsel, or city engineer to provide assistance. Interpretation of the provisions of this subdivision code and its implementing regulations shall be made in writing, shall state the code provision or regulation being interpreted, the interpretation made, the basis for the interpretation, and advise the recipient that appeals may be taken to the zoning board of adjustment. The time within which an appeal must be taken and the manner of filing an appeal shall also be included within the community development director's letter of interpretation.

c.

After the community development director interprets the code or implementing regulation, copies of the interpretation shall be promptly distributed to the party seeking the interpretation, the city engineer, building official, and the community development department secretary. Upon receipt of the letter of interpretation, the community development department secretary, or said secretary's designee, shall promptly log on the letter of interpretation the date that the letter of interpretation was filed in the secretary's office. This date is the date of rendition of the interpretation. The community development department secretary shall keep an index of letters of interpretation indexed by code or implementing regulation section.

d.

The zoning board of adjustment shall have the authority to hear and decide appeals from the decision of community development director where it is alleged that there is an error in any decision or determination made by the community development director in interpreting this chapter.

(2)

Hearings; appeals; notice.

a.

Appeals to the zoning board of adjustment may be taken by the city manager, city engineer, building official, city council, or by any person aggrieved by any decision of the community development director in the interpretation of any portion of this chapter. A person aggrieved by an interpretation of the community development director is an individual who is affected in a manner differently than the community as a whole or greater in degree than the community as a whole.

b.

Such appeal must be initiated, if at all, within a reasonable time not to exceed 30 days following the date of rendition of the interpretation by filing with the secretary to the board of adjustment a notice of appeal. The notice of appeal shall specify the section or subsection of the subdivision code or regulation involved, and the interpretation appealed from. The notice of appeal shall also briefly state the grounds upon which the appeal is based.

c.

The secretary to the board of adjustment shall fix a time for hearing of the appeal within 30 days and give public notice thereof. Copies of the interpretation and any supporting information shall be forwarded to the board and shall automatically comprise a part of the record of the proceedings.

d.

At the hearing, the city manager, city engineer, building official, city council, or aggrieved person may appear in person or by agent or attorney and be heard by the board of adjustment.

e.

Decisions of the board of adjustment shall be made in the form of a final order, which shall be filed with the community development department. The written order shall include the date that the order was filed in the records of the community development department.

(3)

Stay of proceeding. An appeal stays all proceedings in furtherance of the action appealed from, unless the community development director certifies to the board of adjustment after the notice of appeal is filed, that by reason of facts stated in the notice of appeal, a stay would, in said individual's opinion, cause imminent peril to life and property. In such cases proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of competent jurisdiction on application.

(Ord. No. 2004-74, § 1, 10-12-2004)

Editor's note— Ord. No. 94-67, § 10, adopted Jan. 24, 1995, repealed § 8.10 (formerly section 29-10), which pertained to legal status provisions.

(a)

The public works and utilities director and the city engineer will develop technical specifications and standards implementing this code controlling construction practices and materials and any policies applicable.

(b)

Technical specifications that may be adopted pursuant to this section to implement this code include:

(1)

Street design specifications.

(2)

Water system specifications.

(3)

Sewer system specifications.

(4)

Stormwater system specifications.

(5)

Landscaping specifications.

(6)

Sidewalk and bikepath specifications.

(7)

Illumination specifications.

(8)

Thoroughfare plan.

(9)

Lift station specifications.

(10)

Reclaimed water system specifications.

(11)

Cross connection control manual.

(12)

Driveway specifications.

(13)

As-built drawing requirements.

(Ord. No. 2004-74, § 1, 10-12-2004)

The technical specifications and standards referenced in section 8.11 are hereby adopted by reference and incorporated herein, as if fully set out.

(Ord. No. 2004-74, § 1, 10-12-2004)

(a)

Intent. The intent of this article is to provide aesthetically pleasing scenic corridors which limit signage and require landscaping in addition to other provisions in the City Code. Scenic corridors are designated in the Melbourne Comprehensive Plan. The scenic corridor concept and this article will improve the aesthetics of the community making the city's major commercial corridors more attractive to commercial and professional development, thereby improving the economy. The scenic corridor concept and this article will improve the aesthetics of the community making the community more attractive to visiting tourists and thereby assisting in enhancing the tourist trade. The scenic corridor concept and this article will improve the aesthetics of the community making this community a more desirable place in which to reside.

(b)

Applicability. This article shall apply to development of any parcel of land abutting or located wholly or partially within 100 feet of the public right-of-way of any scenic corridor. Exempted from the provisions of this article are development orders which are issued by the city solely for the purpose of renovating existing structures provided that such renovation does not expand the floor area of any structure, excluding signage structures, by more than ten percent of the floor area of the structure in existence on December 11, 1990. Should any sign structure be altered as to size, copy area, material, width, length, or height, this article shall be applicable; provided, however, that nothing herein shall prohibit the repair of any sign existing as of the date of the adoption of this article so long as the cost of any such repairs to nonconforming sign structures made or applied for within any 365 consecutive day period does not exceed 50 percent of the replacement cost of the sign structure. The replacement cost shall be computed as of the time that the repair is undertaken.

(Ord. No. 90-47, § 1, 12-11-1990; Ord. No. 2000-12, § 1, 1-25-2000)

(a)

Signs. Signs meeting the standards below shall be required for any ground signs proposed along any scenic corridor right-of-way frontage. Except as provided in appendix D, chapter 11, section 11.20, such ground signs shall meet the following standards:

(1)

Ground signs shall not exceed 12 feet in height above grade to the maximum extent of the sign, unless designated as a community shopping center, as defined in appendix D, chapter 11.

(2)

Ground signs shall not exceed a maximum square footage of 72 square feet, unless designated as a community shopping center, as defined in appendix D, chapter 11.

(3)

Signs shall also be landscaped in accordance with appendix D, chapter 9, article XV, section 9.273.

(4)

All other standards of appendix D, chapter 11 of this Code, shall apply including design, structural requirements and maintenance.

(b)

Conflict. Should standards set in this section conflict with other sections of this Code, the more restrictive standards shall apply.

(Ord. No. 90-47, § 1, 12-11-1990; Ord. No. 2009-31, § 15, 8-25-2009; Ord. No. 2014-18, § 1(9.02), 4-22-2014; Ord. No. 2025-19, § 2, 4-8-2025)

(a)

Intent. The intent of this article is to provide standards for the efficient storage and disposal of solid waste to protect the public health, safety and welfare in a manner that is aesthetically pleasing, protects property values and protects the environment.

(b)

Applicability. This article and the design standard set forth herein shall apply to all new development and redevelopment within the City of Melbourne, excluding single-family dwellings and multiple-family facilities of 15 units or less that do not use solid waste disposal and recycling receptacles.

(Ord. No. 91-19, § 1, 3-12-1991)

(a)

The receptacles may not be located in a front yard or along a public or private street or thoroughfare. Receptacles may be located in a side or rear yard provided it is not closer than 10 feet to the property line.

(b)

Receptacles may not encroach upon any parking area and must be clearly accessible to sanitation vehicles. Curbing in front of an access area is not permitted.

(c)

Residential receptacles will be located no closer than 20 feet and no further than 250 feet away from any residential building within the project. All receptacles shall be located a minimum of 20 feet from any abutting residential property line, or adjacent residential zoning district. Receptacles shall be designed for frontal pickup only with maneuverability considerations for 41.5-foot long sanitation vehicles.

(d)

Every receptacle pad shall be provided with a ten foot wide by 25 foot long clear zone measured from the rear of the receptacle pad extending away from the receptacle pad. The clear zone shall also extend to a height of 21 feet. Within this area there shall be no obstructions that would prohibit or hinder collection vehicles from having access to disposal or recycling receptacles.

(e)

All commercial receptacles shall be placed on a 12 foot long by ten foot wide by six inch thick reinforced concrete pad. If more than one receptacle is required, pads may be joined together. All receptacles for multiple-family sites shall be on a 12 foot wide by 18 foot long by six inch thick reinforced concrete pad. The additional area shall include four, 96 gallon toters to be used for recycling materials.

(f)

All receptacle sites shall be effectively screened to a minimum height of six feet or at least one foot above the height of the enclosed receptacle, whichever is greater. The screen shall be placed on both sides and to the rear of the receptacle, and include a gate. The gate to the enclosure should not block access to any parking space when open. If receptacle sites are joined together no screen will be required between the disposal receptacles. The screen shall abut the receptacle pad. There are no restrictions on the type of material employed in the construction of the container site screening with the following exceptions:

(1)

Chain link fences with slats shall be prohibited.

(2)

Bermed areas shall be at a slope no steeper than three feet vertical to one foot horizontal and shall provide drainage inlets to catch stormwater runoff from sloped sides.

(3)

If open areas are proposed for the bottom of the screen, they shall be no greater than eight inches high. If no open areas are provided in the bottom of the screen, drainage holes shall be provided to allow the pad to be washed and water to drain from the pad. Screens must provide inside clearance of ten feet wide by nine feet deep to allow for receptacle slippage during loading and unloading operations.

(g)

In addition to the screening requirements, receptacle pads must be effectively buffered along the perimeter of the screen in accordance with appendix D, chapter 9, article XV, section 9.273.

(h)

Disposal receptacles equipped with side loading doors must be provided with outward opening doors that provide user access to the side doors.

(i)

A barrier must be constructed at the rear of the pad to allow for receptacle pickup without damaging the screen. The barrier must, at a minimum, including two concrete filled pipes per receptacle, eight feet in length, buried four feet deep and four feet high. The barrier pipes shall be at least six (6) inches in diameter spaced 48 inches apart and parallel to one another. Galvanized steel pipe is required and should be placed a minimum of one foot from the rear edge of the pad.

(Ord. No. 91-19, § 1, 3-12-1991; Ord. No. 2009-31, § 15, 8-25-2009; Ord. No. 2025-19, § 2, 4-8-2025)

The location, required number, and all other receptacle information shall be shown on plans required to be submitted to the city and shall be subject to the approval of the public works and utilities director, or his designee, when the plans are submitted.

Additional receptacles may also be required if it is determined by the public works and utilities director that additional receptacles are necessary to meet the needs of the proposed development.

(Ord. No. 91-19, § 1, 3-12-1991)

Maintenance of solid waste disposal and recycling receptacles and the area surrounding the receptacle shall be the responsibility of all owners, leasees, tenants, occupants or homeowner's associations. Receptacle areas shall be kept in a neat, clean, and orderly appearance. Refuse pad screening and landscaping (where applicable) shall be maintained so as to remain in proper working order, remain aesthetically pleasing and continue to carry out the requirements of this article.

(Ord. No. 91-19, § 1, 3-12-1991)

Variances to the standards of this article, excepting sections 9.22(g) and 9.24, may be granted by the public works and utilities director, upon application by the owner. The public works and utilities director may grant a variance upon finding that:

(1)

Visibility of the disposal receptacle shall be minimal from roads, thoroughfares, and existing or future adjacent development projects;

(2)

The site layout creates a practical difficulty necessitating placement of the disposal receptacle adjacent to a road thoroughfare or in the manner proposed;

(3)

The safety of disposal receptacle pickup vehicles will not be significantly compromised;

(4)

Disposal receptacle pickup vehicles will be able to easily pick up and return the disposal receptacle;

(5)

The construction of the disposal receptacle pad, barrier at the rear of the pad, or alternative construction allowing drainage is equal to or better than the quality, strength, and rigidity of construction required by this article;

(6)

Special conditions and circumstances exist which are peculiar to the development, land, structure, buildings, or amount of solid waste generated or to be generated by the proposed development, justifying the variance; and

(7)

Denial of the variance would impose a practical difficulty on the owner/developer of the property.

Within 30 days of the rendition of a determination by the public works and utilities director with regard to a variance provision under this subsection, an aggrieved party may appeal a determination to the board of adjustment. The board of adjustment may affirm, reverse, or modify the public works and utilities director's determination. The board of adjustment shall consider whether the public works and utilities director has accurately considered the requirements of this code and whether there is substantial competent evidence to support the decision of the public works and utilities director.

(Ord. No. 91-19, § 1, 3-12-1991)

(a)

Intent. The intent of this article is to provide standards for the effective construction of fences and walls, which standards overall protect the public health, safety and welfare, and specifically provide for safety at intersections and safety from certain uses, buffer different uses, reduce noise pollution, protect visual vistas, prevent blocking of light, promote an aesthetically pleasing community appearance and protect the integrity of the zoning districts.

(b)

Applicability. These regulations shall apply to all fences and walls within the city. No fence or wall may be erected except as permitted in this article.

(Ord. No. 92-11, § 3, 2-25-1992)

Electric fence: Any wire, fence, wall or attachment to a fence or wall that carries an electrical current of any amperage or voltage. Power lines, telephone lines and similar uses shall be exempted.

Height of fences and walls: The vertical dimension measured from the established average sidewalk or street grade or finished grade at the property line, whichever is lower, to the top of the fence or wall.

Opaque fence and wall: A fence or wall made of material that is impenetrable by light and that is neither transparent nor translucent. Such fence or wall shall be unable to be seen through visually from the front while looking perpendicular to the fence or wall. It shall also present an obstructed view from any other angle. Such opaque fence or wall shall be without holes, gaps, breaks or interruptions. Examples of opaque fences and walls are shadowbox fences, solid wood fences, vinyl fences, and solid concrete, brick and masonry walls. Opaqueness shall be measured in ten-foot increments.

(Ord. No. 92-11, § 3, 2-25-1992; Ord. No. 2017-32, § 4, 7-11-2017)

(a)

Opaqueness of front yard fences and walls. Fences in front yards shall be not more than 50 percent opaque.

(b)

Height of fences and walls permitted. Except as otherwise provided herein, fences and walls shall be limited to six feet in height except that fences and walls in a required front yard shall be limited to four feet in height. Fences and walls located on side-corner lots may be six feet in height except between the front building line and the street shall be limited to four feet in height.

Fences used for tennis courts may be permitted up to 12 feet in height.

Fences in an AEU zoning district may be permitted up to eight feet in height.

(Ord. No. 92-11, § 3, 2-25-1992; Ord. No. 2004-37, § 6, 5-25-2004)

(a)

Height of fences and walls permitted. Except as otherwise permitted in this subsection, fences and walls shall not exceed ten feet in height. Perimeter fences and walls used for common recreation facilities (ball fields, tennis courts, and volleyball courts, etc.) shall not exceed 12 feet in height.

(b)

Fence and wall locations permitted. Fences and walls may be constructed along the property line of any lot except for the required front yard. Fences and walls in required front yards shall set back ten feet from the property line unless such fences are no greater than four feet in height and do not exceed 50 percent opaque, in which case front yard fences may be located on the property line.

(c)

Fence and wall locations adjacent to rights-of-way. All fences and walls located adjacent to rights-of-way shall be approved by the city engineer. Additional setback and lower fence height may be required to meet safety issues.

(Ord. No. 92-11, § 3, 2-25-1992)

(a)

Formal site plan developments. Multifamily, nonresidential, and mixed-use developments, subject to formal site plan approval, shall provide a visual screen within their yard setbacks abutting residential uses and zoning districts as provided below, along with landscaping in accordance with appendix D, chapter 9, article XV, section 9.273.

(1)

The visual screen area abutting single-family residential lots shall be a minimum of 50 feet wide, unless otherwise regulated under appendix B, article V, section 1(B) along with a visual screen which shall be a minimum of six-foot tall, opaque, constructed of concrete or masonry wall.

(2)

The visual screen area abutting multifamily residential development and other residential uses shall be no less than the minimum required setback for the adjacent zoning/use, unless otherwise regulated under appendix B, article IV, section 1(B) multi-story developments, and appendix B, article V, section 2(D), tables 2A and 2B, as applicable. In addition, the visual screen shall be opaque, a minimum six-foot tall, and shall be constructed of a termite-resistant wood, vinyl, brick, concrete or masonry.

(3)

Developments located within redevelopment districts are not subject to these visual screen requirements.

(b)

Developments not classified as "formal." Multifamily, nonresidential, and mixed-use developments that are not subject to formal site plan approval shall provide a visual screen within their yard setbacks abutting residential uses and zoning districts in accordance with appendix D, chapter 9, article XV, section 9.273.

(1)

The visual screen area abutting single-family residential lots shall be no less than the minimum required setback for the adjacent zoning/use, unless otherwise regulated under appendix B, article IV, section 1(B) multi-story developments, and appendix B, article V, section 2(D), tables 2A and 2B, as applicable. In addition, the visual screen shall be opaque, a minimum six-foot tall, and shall be constructed of a termite-resistant wood, vinyl, brick, concrete or masonry.

(2)

The visual screen area abutting multifamily residential development must comply with appendix, article IV, section 1(B) multi-story developments, appendix B, article V, section 2(D), tables 2A and 2B, and appendix D, chapter 9, article XV, section 9.273(b)(1)a.3.

(c)

Existing visual screens. Where new development abuts existing visual screens from adjacent property consistent with this requirement, consideration will be given to the existing visual screens when evaluating these visual screening requirements for the new development. Such consideration requires a signed agreement between adjacent property owners identifying the owner(s) responsible for maintenance and replacement of the existing visual screen. The signed agreement must be submitted to the city before a certificate of occupancy could be issued.

(d)

Construction of visual screens. All visual screens must be installed prior to the first permit issued for a building.

(e)

Waiver of visual screen provision. The visual screen requirement may be waived by the planning and zoning board provided that an alternate landscaping design is provided for a particular development.

(Ord. No. 2005-123, § 1, 11-8-2005; Ord. No. 2017-32, § 4, 7-11-2017; Ord. No. 2022-01, § 3, 1-25-2022; Ord. No. 2022-08, § 2, 3-8-2022; Ord. No. 2025-19, § 2, 4-8-2025)

Editor's note— Section 2 of Ord. No. 2022-08, adopted March 8, 2022, changed the title of § 9.44.1 from "Standards for commercial or industrial property abutting residential property" to read as herein set out.

(a)

Walls and fences shall be limited to chain link having a minimum of 11 gauge wire, wood, vinyl, concrete, masonry, brick or ornamental iron. Deviations from these materials may be approved by the building official based on unique circumstances that justifies a need for the deviation. Fences and walls that are required for screening purposes shall be limited to termite-resistant wood, vinyl, brick, concrete or masonry fences. Such required fences and walls shall be opaque and a minimum of six feet in height.

(b)

Walls and fences shall be constructed so that the exposed framing, stingers and posts to support each section face the interior yard of the lot on which the fence or wall is placed, regardless of whether or not another fence already exists.

(c)

Walls and fences shall not prevent necessary access to facilities (easements, refuse containers, alleys and lawn areas) that need to be maintained on a regular basis.

(d)

Visual clearance at corners, curb cuts, and railroad crossings. Notwithstanding any part of this ordinance or any permit granted, or any variance granted by the board of adjustment, no type of structure, vehicle, tree, planting, vegetation, sign, fence, or any other type of obstacle or any portion thereof shall be placed or retained in such manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings.

(e)

No wall or fence shall cause the collection or ponding of stormwater along property lines. Weep holes of sufficient size and design to assure compliance with the subsection shall be installed where the foregoing condition would occur.

(f)

All walls and fences shall have a decorative or ornamental finish on both sides (i.e., finished stucco, brick, pressure treated, stained, painted, redwood or cypress).

(g)

Any opaque fence or wall located in the front yard of multiple family, commercial, professional or industrial uses shall be landscaped in accordance with appendix D, chapter 9, article XV, section 9.273.

(Ord. No. 92-11, § 3, 2-25-1992; Ord. No. 2005-123, § 1, 11-8-2005; Ord. No. 2009-31, § 15, 8-25-2009; Ord. No. 2017-32, § 4, 7-11-2017; Ord. No. 2025-19, § 2, 4-8-2025)

All walls and fences shall comply with the Florida Building Code.

(Ord. No. 92-11, § 3, 2-25-1992; Ord. No. 2003-74, § 10, 9-9-2003; Ord. No. 2019-28, § 1, 5-14-2019)

(a)

Barbed wire fencing. Barbed wire, concertina wire, razor wire and similar fencing is prohibited, except barbed wire may be permitted at the top of fences or walls erected in industrial zoning districts, including the M-1 and M-2 districts, for utility uses of an industrial nature.

(b)

Electric fences. Electrically charged fences are prohibited.

(c)

Other types of fences. Other types of fences which are designed to potentially inflict bodily injury, which are constructed of corrodible material or which do not meet the intent or actual standards of this section shall be prohibited.

(d)

Fencing of easements. No person shall fence any public utility, public right-of-way, refuse collection area or drainage easement (to include, but not limited to, sewer, water, drainage, gas, cable television, telephone, and electric utilities), unless such person has provided adequate access for any purpose necessary to access the easement, right-of-way, etc. Access shall be provided so that no fence will have to be cut or any wall removed to install, maintain, repair or replace any utility. Any landscaping and fencing within the easement shall be relocated by or at the expense of the property owner if required.

(Ord. No. 92-11, § 3, 2-25-1992)

A building permit shall be required for the construction of any fence or wall within the city. All requirements of this chapter and the City of Melbourne Building Code shall be met prior to the issuance of any such permit.

(Ord. No. 92-11, § 3, 2-25-1992; Ord. No. 2003-74, § 11, 9-9-2003)

Plans must indicate the height, location and type of all fences or walls proposed, including, but not limited to, solid waste disposal receptacle screening as required in section 9.22 along with specifications, methods of erection and support data, all of which shall be attached to a fence permit application or building permit application.

(Ord. No. 92-11, § 3, 2-25-1992)

Owners of property where fences or walls are constructed are required to maintain the fence or wall in good repair ensuring that it remains sightly and structurally sound. All fences and walls shall be continuous in alignment and construction.

(Ord. No. 92-11, § 3, 2-25-1992)

Variances to provisions in this article may be granted. Application therefore shall be considered by the board of adjustment pursuant to the provisions, procedures and criteria for variances set forth in article IX, section 7, appendix B, City Code.

(Ord. No. 2009-31, § 15, 8-25-2009)

Unless allowed by the regulations and requirements of U.S. Fish and Wildlife Service and the Florida Game and Freshwater Fish Commission, no development of land shall result in the taking of any protected species or destruction of a critical habitat actively utilized by wildlife that is a protected species. Nothing herein is intended to regulate any matters specifically preempted by F.S. § 790.33.

(Ord. No. 92-29, § 3, 8-11-1992; Ord. No. 2011-46, § 7, 9-20-2011)

State Law reference— Regulation of firearms and ammunition preempted to the state, F.S. § 790.33.

So used in this article, the following terms shall mean:

Development. Development shall be defined as set forth in F.S. § 380.04.

Environmental impact assessment. A report providing the description and location of protected species of wildlife, wildlife habitats, wetlands, surficial aquifer recharge areas, physical features, and natural resources identified in the Melbourne Comprehensive Plan and proposed preservation measures and/or management plan to preserve such special features. This report shall comply with this article.

Harass. Harass means an intentional or negligent act or omission which creates a likelihood of injury to wildlife which is a protected species by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include; but are not limited to breeding, feeding, or sheltering.

Harm. Harm means an act which actually kills or injures wildlife which is a protected species. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife which is a protected species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.

Incidental taking. An incidental taking is any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

Management plan. A plan prepared to address conservation and management of protected species and their habitat on land proposed for development. The plan:

(1)

Describes the impact that will result from the incidental taking;

(2)

Describes what steps that the owner/developer of the land to be developed will take to monitor, minimize, and mitigate such impacts, the funding that will be available to implement such steps, and the procedures to deal with unforeseen circumstances;

(3)

Describes what alternative action to such taking the owner/developer considered and the reasons why such alternatives are not proposed to be utilized;

(4)

Depicts the location of areas to be preserved, including but not limited to protective buffers for the protected species' habitat;

(5)

Depicts the locations of protected species and their nests, sites, dens, burrows, feeding locations, roosting and perching areas, and trails, as appropriate;

(6)

Describes habitat management activities and contains an action plan with specific implementation activities, costs, schedules, and assignments of responsibilities; and

(7)

Describes such other measures as may be required by other governmental agencies having regulatory authority over protected species.

Protected species. A protected species shall be any wildlife species identified as such in the comprehensive plan or listed as a species of special concern, or as endangered or threatened by the U.S. Department of the Interior, U.S. Fish and Wildlife Service or the Florida Game and Fresh Water Fish Commission.

Taking means to harass, harm, pursue, hunt, molest, wound, trap, kill, capture, remove from a particular location, reduce to possession, or collect, or to attempt to engage in any such conduct.

(Ord. No. 92-29, § 3, 8-11-1992; Ord. No. 2011-46, § 8, 9-20-2011)

(a)

Environmental impact assessment. All developments requiring a formal site plan, preliminary plat, or other development proposed on property identified by the city, state, or federal regulatory agency as containing a protected species, wetland, or surficial aquifer recharge area, as identified in the Melbourne Comprehensive Plan shall submit an environmental impact assessment at the time of application.

(b)

As part of the approval process for a formal site plan pursuant to appendix B, article IX, City Code, or a preliminary plat, or prior to development that will cause an incidental taking or development proposed on land identified by the city, state, or federal regulatory agency as containing a protected species, the owner/developer of said lands shall secure approval of a management plan. Said approval shall be issued by the community development director, or said director's designee, after review and approval by the state and federal regulatory agencies.

(Ord. No. 92.29, § 3, 8-11-1992; Ord. No. 2009-31, § 15, 8-25-2009)

(a)

An environmental impact assessment shall be prepared by an expert.

(1)

Said expert shall be a qualified and competent person having education and professional training in biology, the natural sciences, zoology, botany, or environmental science, appropriate to prepare an environmental impact assessment upon the owner/developer's parcel of land proposed for development. Prior to preparation of an environmental impact assessment, the owner/developer of land to be developed must submit to the developer director, or said director's designee, a detailed statement describing the qualifications of the individual proposed by the owner/developer to prepare tide environmental impact assessment which statement includes but is not limited to a statement detailing the individual's education and training, years of related environmental work experience, professional associations, any licenses held, special knowledge in the field, skills, and previous assessments performed.

(2)

The community development director, or said director's designee, shall determine from a qualifying inquiry whether the person proposed to undertake the preparation of the environmental impact assessment is qualified to undertake the assessment as an expert. The burden shall be upon the owner/developer to establish by clear and convincing evidence that the individual preparing the report should be qualified by the community development director, or said director's designee, as an expert.

(3)

Within 30 days of the rendition of a determination by the community development director, or said director's designee, with regard to a determination whether an individual qualifies as an 'expert" pursuant to this subsection, an aggrieved party may appeal the determination to the city manager. The city manager may affirm or reverse the director's decision. The appeal to the city manager shall be conducted de novo, and the city manager shall apply the standards set forth in this subsection. For the purposes of this subsection, an aggrieved party shall be one directly affected by the director's decision and having an interest in the decision exceeding the general interest in the community good shared in common with other citizens in the city who may be aggrieved.

(b)

Reports prepared by the St. Johns River Water Management District, the Florida Department of Environmental Protection, or other regulatory agency compiled as a part of the permitting procedure may be utilized in preparing the environmental impact assessment. An environmental impact assessment shall be submitted which, at a minimum, includes the following:

(1)

An indication of soil type found on site, any special circumstances that would adversely affect development and any special treatment that may be necessary. Soil type may be indicated by utilizing maps produced by the U.S. Department of Agriculture, Soil Conservation Service;

(2)

A tree survey of all trees four inches or greater in diameter measured four feet above grade and 15 feet or greater in height. Aerial photographs may be utilized for large development proposals when staff considers an aerial photograph appropriate;

(3)

The identification and delineation of any wetland on site, the extent to which each wetland is functional, nonfunctional or isolated, and the extent to which the development will impact the wetlands;

(4)

The identification and delineation of all flood plains and flood zones on site as shown on Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM);

(5)

The identification and delineation of any surficial aquifer recharge areas (as defined in the comprehensive plan);

(6)

The identification and location of any geological communities (as defined in the comprehensive plan);

(7)

The identification of the utilization of the land by wildlife that is a protected species, including species identified during a detailed site inspection and those species expected to utilize the site based upon reasonable scientific judgment for the habitat types present;

(8)

The common and scientific names of the protected species on the land to be developed, as well as the number, age, and sex of such species, if known;

(9)

The identification of any critical habitat for a protected species;

(10)

A management plan, if applicable;

(11)

A detailed description of the methodology used in performing all aspects of the assessment;

(12)

A statement describing the qualifications of the individual or individuals executing the assessment including but not limited to education and training, years of related environmental work experience, and professional association or license;

(13)

A complete description of the proposed development;

(14)

New development along the Atlantic Ocean beach ecosystem shall identify and preserve existing sand dune areas;

(15)

A restoration plan for dune areas that have already been disturbed or damaged; and

(16)

Includes the information set forth in section 9.64(b)(2) through (5) and (7).

(Ord. No. 92-29, § 3, 8-11-1992; Ord. No. 2010-37, § 16, 6-22-2010)

(a)

An applicant may request a variance: (1) from section 9.62 requiring the submittal of an environmental impact assessment; (2) from any of the individual submittal requirements; or (3) with regard to the specificity with which any of the individual submittal requirements set forth in section 9.63 must be shown.

(b)

Any applicant may file an application for a variance with the city community development director, which application shall contain:

(1)

A concise and complete recital of the facts stating how the application for variance meets the standards set forth in subsections (e) and (f);

(2)

The legal description of the parcel of land upon which the applicant's proposed development is to be located;

(3)

The applicant's name, address, and telephone number;

(4)

The name, address, and telephone number of any attorney or agent who is or will be representing the applicant;

(5)

An affidavit under penalty of perjury, verified or executed before a notary public (subscribed to by said notary public) by the applicant attesting to the truth, accuracy, and veracity of the application and all attachments thereto;

(6)

Such other information relevant to the standards and factors set forth in subsections (e) and (f) as the community development director, or designee, may specify; and

(7)

The applicant shall attach to the application the original or photographically reproduced copies of all documents and other relevant information supporting the request for a variance. Said attachments shall be deemed to be a part of the application.

(c)

Upon receipt of an application, the community development director, or designee, shall review the application and any relevant documentation and may, but shall not be obligated to, request any additional documentation that may assist the city in reaching a final determination.

(d)

The community development director, or said director's designee, upon receipt of the application may, upon request of the applicant or an aggrieved person, schedule an informal hearing to examine the request for variance and receive evidence. After review of the application and consideration of the evidence and the results of any hearing conducted, the community development director, or said director's designee, shall render a final determination with regard to the grant of the variance.

(e)

Any variance granted shall be the minimum variance necessary. The burden shall be upon the applicant to prove by clear and convincing evidence that said evidence satisfies the following standards that may be applicable to the type of variance requested. In determining whether to grant a variance, the community development director, or said director's designee, shall consider, at a minimum, the following standards, giving equal weight to each of the standards as the evidence may indicate is relevant:

(1)

That the development site is not located on land adjacent to, or connected to any surface water body or wetlands. The size and the type of surface water body or wetland area' (e.g., functional, nonfunctional, or isolated) shall also be considered;

(2)

That the development site is not located on land on, or adjacent to or connected to land on which there is a known potential aquifer recharge area. The size and the type of recharge area shall also be considered (e.g., primary, class I, class II);

(3)

That the land or any portion thereof, on which the proposed development will occur, is substantially altered by paving, cultivating, or other activity which has changed the land, or any portion thereof, in such a way that it will not support a habitat for a protected species;

(4)

That the land on which the proposed development will occur is not suitable to or does not provide a habitat for a protected species;

(5)

That any governmental regulatory agencies have not and are unlikely to issue recommendations with regard to the preservation of a protected species on the land on which the proposed development will occur;

(6)

The existence, type, general location, and approximate number, of any trees on land on which the proposed development will occur that are to be depicted in an environmental impact assessment; and

(7)

That the development site is not located on land on, immediately adjacent to, or connected to any flood plain as shown on the most recently approved FEMA flood insurance rate maps that may be subject to flooding every 500 years or more often.

(f)

Within 30 days of the rendition of a determination by the community development director, or said director's designee, with regard to a variance, an aggrieved party may appeal a determination to the city manager. The city manager may affirm, deny, or reverse the decision of the community development director, or said director's designee. The appeal to the city manager shall be conducted de novo, and the city manager shall apply the standards set forth in this section. For the purposes of this subsection, an aggrieved party shall be one directly affected by the director's decision and having an interest in the decision exceeding the general interest in the community good shared in common with other citizens in the city who may be aggrieved.

(Ord. No. 92-29, § 3, 8-11-1992)

The Brevard County Marine Turtle Protection Ordinance, as amended from time to time, shall be known as the "City of Melbourne Marine Turtle Protection Code" and is hereby adopted by reference and incorporated herein, as if fully set out.

(Ord. No. 2010-37, § 17, 6-22-2010)

(a)

Intent. The general intent of this article is to promote the public health, safety, welfare, economic order, aesthetics, and quality of life, but more specifically: to provide standards for the safe ingress/egress to parking areas; to provide for the temporary storage of vehicles on-site for patrons, workers, or residents; to promote a pleasing community appearance; to provide for on-site traffic flow and safety; to provide for the protection of residential areas from visual effects, noise and solar heat or excess stormwater runoff, to protect the value of land and buildings; to improve the optimal utilization of undeveloped and redeveloped tracts of land; and to prevent safety hazards along roadways and provide for free-flowing traffic on streets.

(b)

Applicability. This article and the design standards set forth herein shall apply to all new development and redevelopment within the City of Melbourne.

(Ord. No. 95-51, § 6, 11-29-1995)

Bicycle parking space. An improved space with a rack or locker designated for bicycle parking.

Encroachment. Encroachment is defined as any protrusion of a vehicle outside a parking space, display area or accessway into a landscape area, sidewalk and any other public access.

Landscaped area. The landscaped area is the location designated on any site upon which landscaping material may be placed, including dry stormwater retention areas.

Landscaping. Landscaping shall consist of any of the following or a combination thereof: Living material such as but not limited to grass, ground covers, shrubs, vines, hedges, and trees. Landscaping may include, for accent purposes only, non-living durable material such as, but not limited to, rocks, mulch, pebbles, walls and fences, but excluding paving.

Parking garage. A parking garage is any structure that consists of a building structure used for the parking of vehicles on one or more levels.

Parking lot. A parking lot is a designated area used for the parking of vehicles for a specific business, industry, service facility, residential complex, or activity center. Parking lots shall be constructed on property other than public rights-of-way unless approved by the city council.

Parking lot, freestanding. A freestanding parking lot is intended to be used by customers of a business which lot does not directly abut the use it is intended to serve.

Parking space, off-street. An off-street parking space is a minimum paved area used for the parking of a single vehicle, exclusive of access drives or aisles. Truck loading and unloading space shall not be included in such area.

Paved surface. A paved surface is a hard surface consisting of concrete, bituminous asphalt, or similar surfacing material is defined as a paved surface. This shall not include a hard surface or stabilized surface with grass.

(Ord. No. 95-51, § 6, 11-29-1995)

(a)

Provision of parking. There shall be provided at the time of the erection of any principal structure or at the time any principal structure is enlarged or increased in capacity, by adding dwelling units, guest rooms, seats, or floor area in excess of ten percent of the existing building size, minimum off-street vehicular parking spaces with adequate provision for ingress or egress in accordance with the following requirements. Such required parking shall be used to park vehicles serving customers, employees and service vehicles and such required parking shall not be used for storage or display of merchandise or equipment.

(1)

Adult congregate living facilities (ACLF)—One space for each employee on the largest working shift plus two spaces for each three living units. An intermediate care ACLF shall provide parking as required for a nursing home.

(1.1)

Amusement center—One parking space for each two seats/machines.

(2)

Art galleries—One space per 500 square feet of gross floor area.

(3)

ATMs (Automatic teller machine)—Two parking spaces plus one handicapped parking space per walk-up ATM not provided as an accessory use.

(4)

Auction houses—One space per three seats or two spaces per 500 square feet of gross leasable area, whichever is greater.

(5)

Auditoriums or other places of assembly—One space for each two seats or seating places or one space for each 60 square feet of floor area in the total main assembly hall, whichever is greater. One-half of total parking area must be paved; the other half may be hard stabilized surface with grass, curbing, and landscaping.

(6)

Automotive impounding yards—One customer parking space per ten impounded vehicle storage spaces, plus one space per employee.

(7)

Automotive service stations, automotive repair facilities, truck stops/large vehicle service stations and automotive body shops—Two spaces for each service bay and one space for each employee. Service bays shall not be counted as a parking space towards this requirement.

(8)

Bakeries-retail—One space for each employee on the largest working shift plus one space per 300 square feet of gross floor area.

(9)

Beauty salons and barbershops—Two spaces per station. Additional parking above retail requirements will not be required for beauty salons and barbershops in a shopping center over 50,000 square feet; provided that the facility does not occupy over ten percent of the gross leasable floor area of the shopping center.

(10)

Bed and breakfasts—One space for each guest room plus two spaces for the residence.

(11)

Businesses, retail or commercial building—One space for each 300 square feet of gross floor area excluding storage area, which shall not exceed more than ten percent of the gross floor area plus one bicycle parking space per 10,000 square feet of building area (Also see office and professional buildings and studios).

(12)

Car wash establishments—When associated with a gas station and convenience store, one parking space per wash unit or bay and one space per vacuum shall be required; An automatic, independent car wash establishment shall provide the following parking spaces: Two spaces per automated wash facility, plus one space per employee on the largest working shift and one space per vacuum. A self-service car wash (coin-operated type) shall provide the following parking spaces: one space per vacuum, one space per bay, plus one parking space per employee. Wash bays shall not be counted as parking spaces.

(13)

Child care centers (day care)—One employee space for each 300 square feet of gross floor area, plus a minimum of two drop-off spaces per 1,500 square feet of floor area.

(14)

Churches—(See clubs, lodges, or places of worship).

(15)

Clubs, lodges, or places of worship—One parking space for each three seats or seating places, or one space for each 100 square feet of floor area of the main assembly hall, whichever is greater. One-half of total parking area must be paved, the other half may be hard, stabilized surface with grass.

(16)

Cocktail lounges/bars/saloons—One space for each two seats or one space for each 65 square feet of floor area excluding accessory storage area, whichever is greater.

(17)

Colleges and universities, business schools, vocational and trade schools—Parking for special facilities must commence within 500 feet of each facility.

(A)

Dormitories—One space for each two sleeping spaces;

(B)

Classrooms, planetarium—One space for each three (3) seats or seating places;

(C)

Gymnasium, natatorium, auditorium, theater, amphitheater, and other places of public assembly—One (1) space for each three seats or seating spaces;

(D)

Stadium—One space for each two seats, minus campus parking required elsewhere except parking required for dormitories, fraternities or sororities may not be subtracted;

(E)

Field sports other than stadium—No new parking required.

(F)

Infirmary—One-half space for each bed or one space for each 300 square feet if there are no beds;

(G)

Libraries, museums—One space for each 300 square feet of floor area;

(H)

Computer center, laboratories, greenhouses, radio/ TV stations—One space for each 300 square feet of floor area;

(I)

Student union, cafeteria, restaurant, automate, other eating facilities, book store, retail facilities, post office—One space for each 300 square feet of floor space;

(J)

Student military building—One space for each 300 square feet of floor area;

(K)

Power plant, other mechanical equipment structures—One space for each 1,000 square feet of floor area;

(L)

Administrative offices, teacher's offices, etc.—One space for each 300 square feet of floor area.

(18)

Communications broadcasting studios/facilities—One space per 300 square feet of gross floor area, excluding storage areas.

(19)

Community center buildings—Four spaces per 1,000 square feet of gross floor area, plus one bicycle space per 1,000 square feet of floor area.

(20)

Community residential homes—Five spaces per residence, plus one space for every two residents over age 16 years, unless identified by the state as a person unable to obtain a Florida driver license.

(21)

Convenience stores with gas pumps/gas stations—One space per 300 gross square feet plus two employee spaces and five bicycle parking spaces per store. A minimum of two spaces required adjacent to the building and when associated with a service station, 25 percent of remaining required spaces may be located at fuel pumps.

(22)

Day cares—(See Child care center or family day care center).

(23)

Domestic violence shelters—One parking space shall be provided for each 525 square feet of living area.

(24)

Education facilities:

(A)

Elementary schools—One parking space per each 25 students, one for each faculty member and employee, plus five bicycle parking spaces per motor vehicle parking space.

(B)

Junior high schools—One parking space per each 15 students, one for each faculty member and employee, plus five bicycle parking spaces per motor vehicle parking space.

(C)

High schools—One parking space per each four students, one space per each faculty member and employee, plus one bicycle parking space per motor vehicle parking space.

(25)

Family day care homes—One drop-off space required in addition to the required parking for residential uses.

(26)

Financial institutions and brokerage houses—One space per each 300 square feet of gross floor area, excluding storage areas, plus one space for each two employees.

(27)

Fraternity and sorority houses—One space for each bed or one space for each 150 square feet, whichever is greater.

(28)

Funeral homes and mortuaries—One space for each three seats or seating places excluding areas needed for funeral vehicles. One-half of the total parking area must be paved, the other half may be hard surface with grass.

(29)

Furniture, carpet and major appliance stores—One space for each two employees and one space for each 800 square feet of gross floor area.

(30)

Group homes—One space per employee on the largest working shift plus one space per four clients or bed spaces; if clients are not permitted to have vehicles on-site, one space per 600 square feet of gross floor area is required in addition to employee spaces.

(31)

Homeless shelter facilities—One space for each employee on the largest working shift plus one space per 30 persons sheltered, plus one bicycle parking space per five beds or fraction thereof.

(32)

Hospitals—One space for each two patient beds, plus one space for every 1.5 employees on the largest working shift, one space per doctor on the largest working shift, and two spaces per emergency room bed, plus ten bicycle parking spaces per each 100 employees on the largest working shift. Employee parking must be available for each shift at least 60 minutes prior to the beginning of the shift.

(33)

Hotels, motels or rooming houses—One space for each sleeping unit plus one space for the owner or manager, and one space for each three employees. If restaurant facilities or cocktail lounges are included, 50 percent of the required parking for a restaurant shall be provided.

(34)

Libraries and museums—One space per each 500 square feet of gross floor area.

(35)

Manufacturing industrial uses and industrial assemblies—One space for each two employees on the largest working shift. Bicycle parking spaces may substitute for vehicles parking spaces. However, bicycle parking shall represent no more than ten percent of the total required parking. Manufacturing/industrial are encouraged to provide employee shower/locker when providing bicycle parking.

(36)

Marinas (commercial)—One space for each two slips in wet storage, one space for each four spaces in dry storage, and one space for each 300 square feet of sales area.

(37)

Medical and dental clinics, doctor and dentist offices, animal hospitals or veterinary clinics—Five spaces per doctor plus three administrative spaces per doctor, or one space per each 175 square feet of building area excluding accessory storage, whichever is greater.

(37.1)

Micro-breweries and micro-distilleries—One space for each 750 square feet of gross floor area, plus one space for each employee on the largest working shift.

(38)

Mortuaries and funeral homes—(See Funeral homes and mortuaries.)

(39)

Motor vehicle sales (cars, trucks, boats)—One space per 500 square feet of enclosed floor space; one space per 2,000 square feet of outdoor display area; 1.5 spaces per employee; and 1.5 spaces per service bay. The required employee parking spaces must be identified as "employee parking only."

(40)

Museums—(See Libraries and museums.)

(41)

Nursing or convalescent homes and sanitariums—One space for each three beds, plus one space for every 1.5 employees on the largest working shift, exclusive of spaces required for doctors (doctor spaces shall be provided in accordance with subsection (37) above).

(42)

Office and professional buildings and studios—One space for each 300 square feet of gross floor area excluding accessory storage area, plus one (1) designated bicycle parking space per 10,000 square feet of building area.

(43)

Passenger transportation terminals—Five spaces, plus one space per 300 square feet of gross floor area.

(44)

Police/fire stations—One space per employee on the largest working shift, plus two additional spaces for the public.

(45)

Recovery homes/halfway houses—One space per employee on the largest working shift plus one space per four on-site clients or bed spaces. If clients are not permitted to have vehicles on-site, one space per 600 square feet of gross floor area is required in addition to employee parking.

(46)

Recreation centers/facilities:

(A)

Health clubs or racquetball/handball facilities, any combination of the following as determined by the community development director:

•

One space per 150 square feet of gross floor area;

•

One space per two employees on the largest working shift;

•

One space per three seats in a lounge or restaurant area;

•

Five spaces per racquetball/handball court;

•

One and one-half spaces per nautilus machine;

•

Two bicycle parking spaces per 1,000 square feet of gross floor area.

(B)

Tennis courts—Two spaces per court.

(C)

Tournament tennis stadiums—30 spaces per court.

(D)

Batting cages—One space per cage, plus one bicycle parking space per each four cages.

(E)

Go-cart tracks—Ten spaces per track.

(F)

Miniature golf—12 spaces per course plus one per employee on the largest working shift.

(G)

Baseball/softball fields—Ten spaces per field, plus one space per four spectator seating spaces provided. (One seat equals 2.5 feet of bench length.)

(H)

Swimming pools—One space per 40 square feet of swimming pool surface area, plus one bicycle parking space per 40 square feet of swimming pool surface area.

(I)

Volleyball courts—Ten spaces per court.

(J)

Shuffleboard courts—Two spaces per court.

(K)

Gymnasiums—One space per three seats.

(L)

Golf courses—45 spaces per nine holes.

(M)

Golf driving ranges (as a primary use)—One space per tee box.

(N)

Watercraft launch facilities—Five trailer parking spaces per launch site.

(O)

Active park areas—Four spaces per acre up to ten acres, two spaces per acre from ten to 50 acres, one space per acre for every acre over 50 acres, plus two bicycle parking spaces per acre.

(P)

Passive park areas—One space per acre up to ten acres, one space per every five acres thereafter, plus one bicycle parking space per acre.

(Q)

Recreation buildings—One space per 500 square feet of gross floor area, plus one bicycle parking space per 500 square feet of gross floor area.

(R)

Football/soccer not associated with a stadium/field—40 spaces of which one-half must be paved and the other one-half may be hard surfaced with grass, curbing and landscaping.

(S)

Stadiums—One space per each two seats.

(47)

Residential uses - single-, two- and three-family units, apartments, multifamily dwellings, townhouses and mobile homes—Two spaces per dwelling unit. For one- and two-family units, at least one parking space shall be located in an enclosed garage (except affordable housing developments). For multifamily dwellings, at least 20 percent of the required number of spaces that are provided shall be accessible to visitors and shall not be private or assigned; otherwise, additional parking shall be provided to meet this 20 percent requirement. Also, all handicap space requirements shall apply in addition to this requirement.

(48)

Restaurants/brewpubs—One space for each three seats or seating places, one space per employee on the largest working shift, plus two bicycle parking spaces per 100 seats. Restaurants with no seating shall provide one space per employee on the largest working shift. If a drive-thru or pickup area is provided, three additional spaces shall be provided.

(49)

Retail establishments—(See business retail or commercial building).

(50)

RV parks—One space for each RV unit and 1.5 parking spaces per site with at least one parking space other than the RV space at the site.

(51)

Schools—(See Education facilities).

(52)

Service stations—(See Automotive service station).

(53)

Soup kitchens—One parking space per ten seating places plus one bicycle parking spaces per each three seating places.

(54)

Storage facilities—One space for every 1,000 gross square feet of floor area. Mini storage warehouse shall provide one space per 20 storage rental units.

(54.5)

Temporary labor agency. One space per three employees/clients seeking temporary labor employment, one space for each office employee of the agency, and one bicycle parking space per each employee/client seeking temporary labor employment.

(55)

Theaters:

(A)

For theaters located in a shopping center or a professional plaza of 50,000 square feet or greater of gross retail or professional area, parking shall be provided according to the following standards:

(B)

For freestanding theaters or theaters located in a shopping center or a professional plaza of less than 50,000 square feet of gross retail or professional area, there shall be provided in addition to the parking provided for the shopping center or professional plaza, one space for each three seats or seating places. In the case of freestanding theaters, two-thirds of the total parking area must be paved. The other one-third may be hard surfaced with grass, curbing and landscaping.

(56)

Warehouse and packaging facilities—One space per 1,200 square feet of gross floor area, one space per each two employees on the largest working shift, one space for each company vehicle.

(57)

In the CB-OZ and the Eau Gallie art overlay zone, the following parking regulations shall apply:

(A)

Special parking allowances by use.

(B)

Design guidelines.

(1)

Parking dimensions (in feet).

*Compact spaces shall not exceed ten percent of the total required parking spaces and shall be clearly marked/signed.

(2)

Drive aisle dimensions. The Code-required 24-foot wide, two-way drive aisle width for development projects may be reduced to a minimum 20-foot wide drive aisle width, upon approval by the community development director and the city engineer. Consideration for approval includes:

·

The overall site layout;

·

The dimensions of the parking spaces;

·

Intended user of the parking spaces;

·

Parking turnover rate;

·

Provision of landscaping and/or innovative stormwater management systems; and

·

Impacts, if any, to adjacent properties.

(C)

Joint use of facilities. If a parking lot serves two or more uses where the operating hours of the uses do not overlap, the total required number of parking spaces may be the sum of the use with the largest number of spaces required. The community development director shall determine the conditions of overlapping requirements and the amount of reduction in the required number of spaces permitted in accordance with this subsection. Appeals shall be made in writing to the board of adjustment.

(D)

Thresholds for additional parking.

*Parking requirements only apply to net increase in floor area.

**See appendix B, article VII, section 2(H).

(E)

Fee-in-lieu-of options for new required parking. In lieu of meeting requirements to provide new parking as identified above, owners or developers shall be allowed to pay a fee reflecting the actual cost of providing parking. This fee will be collected into a specific fund to be used for the future construction of parking in the CB-OZ and Eau Gallie art overlay zone.

(1)

Fee and calculation of fee established. The fee, hereinafter referred to as the parking fee, amount shall be calculated on a "per space" standard. Parking fees shall be determined by the city engineer and approved by resolution adopted from time to time by city council, based upon the cost of the land combined with the cost of design and constriction per parking space. This parking fee shall be placed in a special fund allocated to the construction of downtown parking.

(2)

Downtown Parking Trust Fund. The Downtown Parking Trust Fund is hereby established to receive the parking fee paid by developers in lieu of providing on-site parking necessary for a project and shall be used only to develop additional parking in the Melbourne Downtown Redevelopment Area or the Olde Eau Gallie Riverfront Community Redevelopment Area.

(3)

Maximum quantity established. A maximum quantity of the required parking may be eliminated with the payment of the parking fee to the Downtown Parking Trust Fund as follows:

(i)

Residential: None

(ii)

Uses requiring overnight parking: None

(iii)

Converting residential to non-residential: 100 percent

(iv)

Other uses not listed above: Up to ten parking spaces, or 50 percent, whichever is greater

(4)

Timing of parking fee-in-lieu-of payment. The parking fees may not be paid before site plan approval; however, such fees shall be paid before issuance of building permit.

(F)

For additional CB-OZ and Eau Gallie art overlay zone regulations, see appendix B, article V, section 3.

(b)

Handicapped parking.

(1)

Required parking: Parking spaces for the physically handicapped shall be located as close as possible to walkways and entrances. Signs shall be provided, indicating the handicap parking spaces. Handicap parking spaces shall be provided according to the table below. All parking spaces, ramps, and sidewalks shall be designed in conformance with F.S. ch. 316.

(2)

If five or fewer regular parking spaces are required, then the required accessible parking space shall be in addition to the amount of required parking spaces. If more than five parking spaces are required, then the required number of accessible parking spaces shall be inclusive in the total number of required parking spaces.

(3)

Additional accessible parking spaces shall be required for facilities that provide medical care and other services for persons with mobility impairments in accordance with state and federal "ADA" standards. (Also see design standards in Sec. 9.74(S).)

(c)

Excess parking provision. Any parking spaces provided in conjunction with any new site plan, redevelopment or change of use shall meet the minimum number of parking spaces required in section 9.72(a). Those developments where greater than 125 percent of the minimum required parking spaces are provided shall provide an additional landscaped area for each parking space over 125 percent satisfying the standards in accordance with appendix D, chapter 9, article XV, section 9.273.

(Ord. No. 95-51, § 6, 11-29-1995; Ord. No. 96-64, § 2, 11-26-1996; Ord. No. 96-10, § 8, 3-26-1996; Ord. No. 2001-22, § 11, 5-22-2001; Ord. No. 2005-81, § 1, 9-13-2005; Ord. No. 2009-31, § 15, 8-25-2009; Ord. No. 2014-43, § 4(9.72), 8-12-2014; Ord. No. 2015-32, § 4, 9-8-2015; Ord. No. 2015-34, § 4, 8-25-2015; Ord. No. 2022-01, § 3, 1-25-2022; Ord. No. 2023-02, § 2, 2-14-2023; Ord. No. 2024-48 meeting, § 2, 8-27-2024; Ord. No. 2025-19, § 2, 4-8-2025)

(a)

Methodology. This section provides the methodology for calculating parking spaces. This section shall be used in conjunction with section 9.72.

(1)

Any fractional portion shall be counted as one additional required space. The fractional proportion shall be based on increments of square footage, based on the number of whole increments of 1,000 square feet of gross floor area, except where provided below, a pro-rated amount for the fractional portion of any square foot increment.

(2)

When subtracting out storage area, the maximum allowable area shall be limited to ten percent.

(3)

If a parking lot serves two or more uses where the operating hours of the uses do not overlap, the total required number of parking spaces may be reduced. In no case, however, shall the number of spaces required be less than the sum of the largest number of spaces required plus one-half of the required spaces for each additional use. (Reference off-site, off-street parking for standards regarding off-site parking). The community development director shall determine the conditions of overlapping requirements and the amount of reduction in the required number of spaces permitted in accordance with this subsection. Appeals shall be made in writing to the board of adjustment.

(4)

Parking spaces that are covered or are located within parking structures, garages, or shelters shall be considered as regular parking spaces for purposes of determining the total number of parking spaces. If ten-foot spaces are provided for employees or assigned to residents, support columns for the garage structure may not encroach into the ten-foot parking space. Support columns may encroach into eleven-foot spaces by a maximum of six inches along no more than three feet of the length of the parking space.

(5)

The sum of parking provided for each individual use listed in section 9.72(a) shall be the total amount of parking required except as provided for as listed above.

(b)

Parking uses not listed. The following standard shall apply when no specific parking space standards or similar requirements pertaining to parking is available concerning the use of property/building:

(1)

Where a specific use is not listed, the parking requirements of a similar use shall apply. The city engineer shall determine the required parking upon submittal of a development plan indicating the proposed use(s). Appeals shall be made in writing to the board of adjustment who shall make the final determination.

(2)

Where there is no use of a similar nature as determined by the community development director, the city engineer shall determine the required parking necessary, after considering all the parking generating factors involved. Appeals shall be made in writing to the board of adjustment who shall make the final determination.

(c)

Appeals. Appeals to the board of adjustment shall be filed within 30 days of the date of rendition of the decision by the city engineer. Appeals shall state the grounds for appeal. Appeals shall be filed with both the city engineer and the secretary to the board of adjustment.

(Ord. No. 95-51, § 6, 11-29-1995; Ord. No. 2005-81, § 2, 9-13-2005)

This section provides minimum standards for the required design of certain accessory areas including parking lots, drive aisles, setbacks, and yard areas and other off-street and vehicular use areas. Parking or additional parking required as a result of new construction, a change in use of an existing structure, or modification of a non-conforming site requires that code complying landscaping improvements be shown on site plans for all uses at both the time of the site plan approval as well as the time of the building permit issuance in accordance with the Preservation and Landscape Design Code (appendix D, article XV). See section 9.72(a)(57) for parking requirements and design standards specific to the CB-OZ, which is comprised of the Melbourne Downtown Redevelopment Area and the Olde Eau Gallie Riverfront Community Redevelopment Area.

(a)

Intent. The intent and purpose of this section is:

(1)

To improve the appearance of required setbacks and yard areas as well as parking lots and other vehicular use areas which will help to protect and preserve the appearance, character and value of the surrounding area and thereby promote the general welfare and aesthetic qualities of the city;

(2)

To create buffer areas between properties of different zoning classifications and to reduce nuisances of incompatibilities between abutting land uses; and

(3)

To establish minimum criteria for off-street parking areas by providing for the safety and general welfare.

(b)

Enforcement. Parking standards on and off-street shall be enforced as provided for in chapter 56, City Code. This section provides minimum standards. More stringent conditions already contained in the Code of Ordinances or hereafter adopted by the city council shall take precedence over the provisions of this chapter and be controlling.

(c)

Required parking outside CB-OZ. Parking spaces for all dwellings located outside the CB-OZ shall be constructed on the same property with the main building to be served where feasible, unless otherwise permitted in this section, except that one-half the total number of required spaces for multiple-family dwellings, townhouses, and mobile homes may be located in a common parking facility not more than 200 feet distant from the nearest boundary of the site. The owners of off-site parking area property and the property to be served by said off-site parking area shall file with the city a binding lot agreement as required in section 9.75(c). Required parking for residential development projects in the CB-OZ may be entirely located off-site.

(d)

Minimum spaces required and use areas. Except as provided in section 9.74(r), required off-street parking areas for three or more vehicles serving non-single-family or two-family uses shall have individual spaces marked, and shall be so designed, maintained, and regulated in such a manner that no parking or maneuvering incidental to parking shall be on any area, public street, sidewalk, or alley, and so that any vehicle may be parked and unparked without moving another.

(e)

Plan required. A plan showing off-street parking, to be developed with or without building improvements, shall be submitted and approved by the engineering division and community development department of the City of Melbourne before a permit is issued for the construction of, or use of the building, structure or accessory, or separate parking facility being considered. This plan shall show the location, and accurately designate the number of required spaces, their size, access aisles, driveways, and their relation to the plan and required landscaping.

(f)

Access and accessibility. Except as provided in section 9.74(r), each parking space shall be directly accessible from an aisle or driveway leading to a street or alley. Access aisles and/or driveways shall be of sufficient size to permit convenient ingress and egress. Each parking space, with the exception of parking spaces for one- and two-family units, shall be accessible without driving over or through any other parking space. No parking space or loading space shall be located in such manner as to block entry or exit to a building, or ramped curb for handicapped access, and in this respect a clearance shall be provided adjacent to an entrance or exit door equal to the width of the door or three feet, whichever is the greater. No parking space shall be permitted which would require backing into the right-of-way except from single-family and two-family driveways.

(g)

Paved parking required. All parking areas and vehicular access to parking areas shall be paved with an asphalt, concrete or other surfacing approved by the city engineer, afford adequate drainage, and meet engineering specifications (also see section 9.74(q)). Based on length of driveway and acreage of the affected parcel of land, exceptions can be made in AEU and REU by the city engineer.

(h)

Parking prohibitions. Required parking areas shall be used for motor vehicle parking only, with no sales display, dead storage, repair work, dismantling or servicing of any kind.

(i)

Landscaping provisions. All parking areas shall be provided with landscaped areas at the end of each row and meet the landscape requirements in accordance with appendix D, chapter 9, article XV, section 9.273.

(j)

Parking lot lighting. If lighting is provided, it shall be positioned to reflect away from residential areas and from any public street or highway and meet the standards of chapter 26, article III, City Code.

(k)

Code compliance. All off-street parking spaces shall comply with the off-street parking standards as set forth in this article.

(l)

Parking space size.

(1)

Applicability. For the purpose of this article, the term "off-street parking space" shall apply to non-single-family or two-family units.

(2)

Parking dimensions.

(a)

Parking shall consist of a minimum rectangular parking area, exclusive of access drives and aisles.

(b)

Parking dimensions are measured as follows:

* Only when such extended lodging hotel provides a kitchenette in each room and meets a minimum of three of the following site location standards:

1.

Located on or near a navigable waterway;

2.

Located within one-half-mile of public amenities, (i.e., community and regional parks, museums, civic or cultural facilities);

3.

Located within one-half-mile of an urban center or commercial node;

4.

Located within one-fourth-mile of a transit stop; or

5.

Associated with an adjacent resort hotel/complex as defined in appendix D, chapter 10, section 10.02.

(c)

Multi-family assigned parking limitations. Any assigned multi-family residential space shall be provided either in an enclosed garage, a gated parking lot or an approved parking lot or with signage on each parking space, or group of spaces, designating that the space is for assigned residential parking only. Minimum width does not apply to a one- or two-car garage.

(d)

Employee assigned parking limitations. Employee spaces shall be provided for use solely by employees either with an employee only gated area that is designated as "employee only," or in a separate, approved parking lot with signage on each parking space, or group of spaces, designating that the space is for employee parking only. The number of employee parking spaces must be reasonably based on the business proposed in the development and cannot exceed the number of employees on the largest working shift.

Low-turnover businesses that propose to reduce or eliminate the number of required regular-sized spaces (as set forth in section 9.72) shall submit such request in writing to the community development director and the city engineer.

(e)

Landscaping bonus for nine-foot-wide spaces. Also, for each nine-foot space provided, a landscaped area must be provided in accordance with appendix D, chapter 9, article XV, section 9.273.

(f)

Retrofitting parking spaces. In all cases, a permit to retrofit shall be submitted to code compliance, along with a striping plan and a landscaping plan, in accordance with appendix D, chapter 9, article XV, section 9.273.

(g)

Motorcycle parking spaces. Motorcycle parking spaces may be provided; however, motorcycle parking may not be calculated as required parking spaces.

(3)

Bicycle parking spaces. Bicycle parking spaces shall consist of a minimum rectangular parking area measuring two feet wide by seven feet in length and with a rack for securing each bicycle. Bicycle lockers may substitute for the rack and space requirement. All bicycle parking areas shall be located in a well-lighted area in close proximity to the building away from the general motor vehicular parking area in order to discourage theft and possible damage.

(m)

Curbing requirements. Perimeter and interior landscaped areas and sidewalks shall be protected from vehicular encroachment by the use of curbing. When curbing is used as a wheel stop for head-in parking, the 20 foot dimension of the parking space requirement (11 feet by 20 feet) may be reduced to 18 feet. Curbing dimensions for the landscaped area shall conform to the standard (not the Miami-type curb) curb specifications established by the city. Because of safety reasons, individual wheel stops protruding from the pavement are prohibited. Where curb parking abuts a sidewalk the sidewalk width shall be increased by two feet.

(n)

Aisle widths. Off-street parking areas shall be designed so that there is an unrestricted flow and circulation of traffic within the parking lot as well as at the site ingress/egress points. One-way traffic lanes shall be clearly marked on the paved surface to show the flow of traffic. All areas shall be designed for "head-in" parking only. "Pull through" parking design shall be permitted when necessary to serve special type vehicles such as truck trailers, boat trailers and similar vehicles. The following table shall govern the minimum width of traffic lanes within the parking area:

(o)

Special parking lot design considerations and restrictions.

(1)

Whenever an off-street parking area is designed to provide parking of vehicles in six rows or more, interior landscaped curbed areas shall be provided in accordance with appendix D, chapter 9, article XV, section 9.273.

(2)

Parking may be located in a required front, rear or side yard for single-family and two-family dwellings but may not cover more than 20 percent of the lot or parcel.

(3)

In the C-P zoning district, required off-street parking spaces may be located in the front yard in accordance with the requirements of appendix D, chapter 9, article XV, section 9.273b.1. In the C-P zoning district, required off-street parking spaces may be located in the side yard, except that no parking space shall be permitted within 15 feet of the side lot line.

(4)

In the C-1, C-1A, C-2, C-3, M-1, M-2, R-2, R-3 and R-P zoning districts, required off-street parking spaces may be located in the front yard in accordance with the requirements of appendix D, chapter 9, article XV, section 9.273b.1.

(5)

In all districts requiring rear yard setbacks, required off-street parking spaces may be located in the rear yard, except that no parking space shall be permitted within ten feet of the rear lot line.

(6)

Other than as listed above in paragraphs (3), (4), and (5), no required yard shall be used for any parking space, drive or back-out area, except that access drives may cross the required yard.

(7)

When parking structures/parking garages are built in any district, whether as an accessory structure or a part of the principal structure, the garage building setback shall comply with the setback requirements of the applicable zoning district, except when abutting a zoning district with a more restrictive setback. In such cases the more restrictive setback of the adjacent zoning district shall apply. In the C-3 zoning district, the parking garage setback shall be no less than five feet.

(8)

When an area is posted with a sign stating that nonresidential parking is prohibited, only vehicles which are in the area due to an association with a residence may park on either the paved or the unpaved public right-of-way. This shall include the family and guests at a residence, and delivery, service or utility vehicles which are providing materials or services to the residence or to the residential neighborhood. All vehicles shall park in conformance with all other applicable laws and ordinances.

(9)

Parking lot setbacks are determined by the landscaping regulations outlined in appendix D, chapter 9, article XV, section 9.73.

(p)

Parking, storage, or use of recreational equipment and recreational vehicles. No recreational equipment or recreational vehicles shall be parked or stored on any lot in a residential district except in a carport, enclosed building, or to the rear of the front building line.

1.

As it relates to this paragraph, the "front building line" shall be construed as the contour of the building located adjacent to the front yard right-of-way and shall extend parallel to the rights-of-way to the side property lines that intersect the right-of-way.

2.

All recreational equipment and recreational vehicles may be parked in a side corner yard if located behind a six-foot opaque fence, or parked behind the required side corner setback.

3.

Recreational equipment and recreational vehicles may be parked anywhere on residential premises during loading/unloading or maintenance for a period not to exceed 48 consecutive hours within a seven-day period.

4.

Guests with recreational vehicles visiting the residence are allowed to park a recreational vehicle on a designated driveway for up to two weeks per calendar year. No portion of the recreational equipment or recreational vehicles shall extend over any portion of the sidewalk.

5.

Recreational equipment and recreational vehicles shall not be parked in any right-of-way.

6.

All recreational equipment and recreational vehicles shall be properly tagged (if applicable) and in operable condition.

7.

No such recreational equipment or recreational vehicles shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location, except as permitted above. No trailer shall be parked on any lot for living purposes other than in established trailer parks.

For Agriculture Estate Use (AEU) zoning districts, refer to appendix B, article V, section 2(E)(2)(f).

For Rural Estate Use (REU) zoning districts, refer to appendix B, article V, section 2(F)(2)(e).

(q)

Vehicular use areas. All areas within commercial, and industrial districts and for residential developments of four or more attached units used for the display or parking of any and all types of motor vehicles, boats, or heavy construction equipment, and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved according to the city's engineering specifications.

(r)

Vehicular use areas for residential developments.

(1)

Vehicular use areas for single-family, two- and three-family dwellings. All one-, two- and three-family units shall provide a paved drive a minimum of ten feet wide to an enclosed garage. The garage floor shall be made of cement or any material approved by the building official. This requirement shall be applicable to single-, two- or three-family dwellings in any district where such uses are permitted (except affordable housing developments).

(2)

Vehicular use areas for multiple-family developments utilizing attached one-car garages. Projects where individual units have an attached one-car garage may utilize a paved drive measuring a minimum of ten feet wide by 20 feet long to an enclosed single car garage as a required parking space if noted on the site plan that such a space is assigned to that unit. The garage floor shall be made of cement or any material approved by the building official.

(s)

Parking for disabled persons.

(1)

Location: Accessible parking spaces for the physically disabled shall be located on the shortest possible accessible route of travel from adjacent parking to an accessible entrance of a building. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces for the physically disabled shall be dispersed and located closest to the accessible entrances. Parking spaces shall not be located as to require the disabled person to wheel behind parked vehicles. Parallel parking spaces for the physically disabled shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors.

(2)

Design: Diagonal and perpendicular accessible parking spaces for the physically disabled shall be 12 feet wide, shall have an adjacent five-foot wide access aisle and shall not be located so as to require the handicapped to cross behind another parking space, drive aisle, or other unsafe act in order to obtain access to a building. Two accessible parking spaces for the physically disabled may share a common access aisle. Accessible parallel parking spaces for the physically disabled shall meet the minimum regular parking space size requirements for a parallel parking space. In addition, they shall have a five-foot wide access aisle immediately to the front of the parallel accessible parking space. The parking access aisle must be connected to an accessible route to the appropriate accessible entrance of a building or facility. Handicap ramps for sidewalks and building entrances shall be required to be adjacent to or as close as practical to handicap spaces without violating the above standard. Parked vehicle overhangs shall not reduce the required clear width of an accessible circulation route. The cross slope of the space shall not exceed two percent. Curb ramps shall be located outside of the disabled parking spaces.

(3)

Marking/signing: Each accessible parking space for the physically disabled shall be conspicuously marked with typical four-inch white striping. The space shall then be further outlined within the white striping with a four-inch stripe of light blue paint (tinted to shade 15180 of Federal Standard 595a). There shall be two inches between stripes. The opposite side of the ramp away from the space shall have a four-inch white stripe. Parallel spaces shall be striped with blue and white striping in the front, rear and street side of the space. The space shall also be posted and maintained with a permanent sign, that is positioned at a height of seven feet above grade to the base of the sign. The sign (FDOT Model FTP-26) shall be 18 inches (wide) by 30 inches (tall) and shall bear the international symbol of accessibility (eighteen (18) inches by 18 inches) and the caption "PARKING BY DISABLED PERMIT ONLY" (12 inches by 18 inches). A smaller sign (FDOT Model FTP-15) may be used when space does not permit placement of a standard sign, as determined by the city engineer. All other specifications regarding marking and signage of parking spaces shall be in accordance with Florida Department of Transportation standards.

(4)

All parking spaces, ramps and sidewalks shall be designed, constructed, and maintained in conformance with Florida and federal law. For any and all uses or structures not specifically provided for in the foregoing enumeration, such parking space as the city engineer shall determine to be necessary, considering all the parking generating factors involved, shall be provided.

(Ord. No. 95-51, § 6, 11-29-1995; Ord. No. 2002-31, § 1, 5-14-2002; Ord. No. 2003-23, § 1, 4-22-2003; Ord. No. 2004-37, § 7, 5-25-2004; Ord. No. 2005-81, § 3, 9-13-2005; Ord. No. 2008-70, § 2, 1-13-2009; Ord. No. 2009-31, § 15, 8-25-2009; Ord. No. 2014-43, § 5(9.74), 8-12-2014; Ord. No. 2015-32, § 5, 9-8-2015; Ord. No. 2016-26, § 1, 5-10-2016; Ord. No. 2016-73, § 1, 11-22-2016; Ord. No. 2021-31, § 1, 7-27-2021; Ord. No. 2022-01, § 3, 1-25-2022; Ord. No. 2025-19, § 2, 4-8-2025)

An off-site off-street parking lot providing parking for a principal use may be permitted for multifamily, professional, commercial, industrial or institutional buildings or facilities. Specific parking standards shall apply to all off-site off-street parking areas. The below listed conditions shall govern off-site off-street parking:

(a)

In the CB-OZ, 100 percent of required parking may be located off-site. Outside of the CB-OZ, no more than 50 percent of required parking shall be located off-site, however, all required handicapped parking shall be located on the principal, on-site parking lot.

(b)

Except as otherwise provided in section 9.74(c), parking spaces must be located within 500 feet of the structure(s) to be served to count towards the required parking.

(c)

Parking shall conform with all provisions of on-site parking where applicable.

(d)

The owners of the off-site parking area property and the property to be served shall submit to the city clerk a binding lot agreement in the form of a restrictive covenant in recordable form, to and in favor of the city, reserving the off-site parking area for off-street parking for the building or use served for as long as the parking shall be required. All mortgagees of both lots shall be required to consent to and join in the binding lot agreement in form and substance acceptable to the city.

(e)

Access from the off-site off-street parking lot to the structure or use served shall not be separated by any road or street with a functional classification greater than a two lane collector. Provisions shall be made for pedestrian crossing at corners or within the mid block section of road, if not at a corner. If no sidewalks exist, sidewalks shall be provided from the furthest parking space to the structure or use to be served. Sidewalks on corners shall also be constructed for handicap accessibility if currently not constructed for handicap accessibility.

(Ord. No. 95-51, § 6, 11-29-1995; Ord. No. 2015-32, § 6, 9-8-2015)

(a)

General. On the same premises with every building, or part thereof, erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading service vehicles in order to avoid undue interferences with public use of the streets, alleys, or any required access aisles for off-street parking areas.

(b)

Plans. Plans and specifications showing required loading and unloading spaces and the means of ingress and egress and internal circulation shall be submitted as part of the site plan for the construction or enlargement of a use, building, or structure or at the time such spaces are added or altered.

(c)

Loading area requirements. Loading and unloading space(s), unless adequately provided for within a building, shall be a minimum area 14 feet wide by 25 feet in length, with a 15-foot height clearance. Loading spaces for individual businesses over 30,000 square feet shall be 14 feet wide by 50 feet in length with a fifteen-foot height clearance. Loading areas shall be paved and be provided as required below:

(d)

Specifications for loading facilities.

(1)

Off-street loading facilities that make it necessary or possible to back directly into a public street shall be prohibited. All maneuvering of trucks and other vehicles shall take place on the site and not within a public right-of-way. Such loading spaces shall be accessible by normal methods and shall not infringe or interfere with any required parking space or drive aisle.

(2)

Required off-street parking spaces shall not be included in the count of required off-street loading spaces.

(3)

In the case of mixed uses on one lot or parcel, the total requirement for off-street loading facilities shall be the sum of the various uses computed together. More loading spaces may be required in order to allow the site to function properly if it is apparent loading spaces will be in use concurrently.

(4)

Off-street loading facilities shall comply with all applicable parking area design standards set forth in subsection (c) above.

(e)

Loading areas adjacent to residential property. When designated loading areas or other vehicular use areas used for loading/unloading, staging or queuing of vehicles abut residentially zoned or used property, no parking, loading or unloading of vehicles shall occur between the hours of 10:00 p.m. and 6:00 a.m. Temporary parking of such vehicles may occur on-site during these hours in areas adjacent to public right-of-way and which are at least 250 feet from any residentially zoned or used property(s).

(Ord. No. 95-51, § 6, 11-29-1995; Ord. No. 2005-123, § 2, 11-8-2005)

(a)

When, in its opinion, the best interests of the community will be served thereby, the city council, after public hearing review, and recommendation by the planning and zoning board, may permit temporarily or permanently the use of land in a residential district for a parking lot where the land abuts or is across the street from a district other than a residential district, provided that the following standards are satisfied.

(1)

The lot is to be used only for the parking of passenger vehicles of employees, customers, or guests of the person or firm controlling and operating the lot, who shall be responsible for its maintenance.

(2)

No charges shall be made for parking on the lot.

(3)

The lot is not to be used for sales, repair work or servicing of any kind.

(4)

Entrance to and exit from the lot are to be located so as to cause the least adverse impact to the residential district.

(5)

All parking is to be kept back of the building setback line unless otherwise specifically authorized by the city council. Trees shall be planted in yard areas adjacent to abutting properties and rights-of-way in accordance with appendix D, chapter 9, article XV. A continuous hedge row shall be planted in yard areas adjacent to abutting rights-of-way in accordance with appendix D, chapter 9, article XV.

(6)

The parking lot and that portion of the driveway back of the building line is to be adequately screened from the street and from adjoining property in a residential district by an opaque screen not less than six feet high and not more than ten feet high located behind the required landscaping in subsection (5) above. Opaque screening shall be in accordance with this Code, appendix D, chapter 9, article III and appendix D, chapter 9, article XV. All lighting is to be arranged so that there will be no glare therefrom annoying to the occupants of adjoining property in the residential district. The surface of the parking lot is to be smoothly graded, hard stabilized surfaced, and properly drained.

(7)

No advertising sign or materials are to be located on the lot.

(b)

The city council may apply other conditions to the design of the parking lot in order to protect the character of the residential district.

(c)

A courtesy notice shall be mailed by first class, U.S. mail, to all property owners within a radius of 500 feet of the request. The mailed notice shall comply with the public hearing notice requirements as specified in chapter 4, section 4.13, appendix D, City Code and a fee equal to that required for a rezoning change shall be charged.

(Ord. No. 95-51, § 6, 11-29-1995; Ord. No. 2009-31, § 15, 8-25-2009; Ord. No. 2017-32, § 4, 7-11-2017)

Editor's note— Ord. No. 2016-04, § 2, adopted Jan. 26, 2016, repealed former § 9.77.1, which pertained to the public parking surcharge fee, and derived from Ord. No. 2005-81, § 4, adopted Sept. 13, 2005.

Variances to provisions in this article may be granted. Application and consideration thereof shall be considered by the zoning board of adjustment pursuant to the provisions, procedures, and criteria for variances set forth in article IX, section 7, appendix B, City Code.

(Ord. No. 95-51, § 6, 11-29-1995; Ord. No. 2009-31, § 15, 8-25-2009)

The general purpose of this article is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunication marketplace in the City of Melbourne. Specifically, this article will address:

The regulation of the location of towers and telecommunications facilities in the city.

The protection of residential areas and land uses from potential adverse impacts of towers and telecommunications facilities.

How to minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.

Promotion of shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers.

Protection of adjacent properties by ensuring that telecommunications facilities are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound.

(Ord. No. 97-30, § 8, 5-27-1997)

Antenna support structure means any building or other structure other than a tower which can be used for location of telecommunications facilities.

Applicant means any person that applies for a tower development permit.

Application means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

Engineer means any engineer licensed by the State of Florida.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Monopole means a single self supporting structure which contains no guy wires and not more than one support column. The maximum height of such monopole shall not exceed 200 feet, including antenna, relay structures, dishes, etc. This structure includes spin-cast concrete poles, concrete poles, steel poles and similar poles. The maximum width of the base of the monopole shall not exceed eight feet in diameter.

Owner means any person with fee title or a long term (exceeding five years) leasehold to any plot of land within the city who desires to develop, construct, build, modify or erect a tower upon such land.

Stealth (camouflaged) telecommunication facilities means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term telecommunications facilities shall not include:

(1)

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.

(2)

Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

Temporary telecommunication towers, also known as "cellulars on wheels" (COWS) shall mean mobile wireless communication tower operated temporarily in conjunction with a recognized special event.

Tower means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC.

(Ord. No. 97-30, § 8, 5-27-1997)

Except as provided below, these provisions shall apply throughout the corporate limits of the City of Melbourne and no communication tower or antenna shall be permitted except in compliance with these provisions:

(A)

Exceptions.

1.

Any communication tower or antenna that is owned and operated by a federally licensed amateur radio operator or is used exclusively for receive only antennas.

2.

Any communication antenna which is not attached to a communication tower or building which is accessory to any commercial, industrial, institutional, multifamily, or public utility structure provided that:

(a)

The communication antenna does not exceed 20 feet above the highest point of the structure or the height limitation for the district, whichever is greater but not more than 60 feet in zoning district without height limitations. This shall include ground mounted satellite dish antennas which shall be regulated as accessory structures;

(b)

The communication antenna complies with all applicable FCC and FAA regulations; and

(c)

The communication antenna complies with applicable building codes.

3.

Temporary telecommunications towers which comply with all applicable FCC regulations.

(Ord. No. 97-30, § 8, 5-27-1997)

Permitted uses:

A tower shall be a permitted use in the following zoning districts:

M-1 (Light Industrial)

M-2 (Industrial)

A monopole shall be a permitted use in the following zoning districts:

M-1 (Light Industrial)

M-2 (Industrial)

I-1 (Institutional)

A monopole of 75 feet or less shall be permitted in the following zoning districts:

C-P (Commercial Parkway)

C-2 (General Commercial)

C-1 (Low Intensity Commercial)

I-1 (Institutional)

Stealth telecommunications facilities shall be permitted in the following districts:

M-2 (General Industrial)

M-1 (Light Industrial)

C-P (Commercial Parkway)

C-1 (Low Intensity Commercial)

C-2 (General Commercial)

C-3 (Central Business)

C-1A (Professional Offices and Service)

I-1 (Institutional)

R-P (Residential-Professional)

However, no tower shall be constructed without a permit issued by the building official following review of the plans by the planning and zoning, engineering and fire departments.

(Ord. No. 97-30, § 8, 5-27-1997)

No person shall build, erect or construct a telecommunication facility upon any plot of land within any zoning district set forth below unless a development permit shall have been issued by the Melbourne City Council. A conditional use for a telecommunications tower shall be valid for a period of one year and shall be considered a constructed tower for the purpose of measuring separation between towers. If the tower has not been constructed after one year the conditional use shall expire.

A tower and monopole shall be a conditional use in the following zoning districts:

I-1 (Institutional)

A monopole of more than 75 feet shall be a conditional use in the following zoning districts:

C-P (Commercial Parkway)

C-1 (Low Intensity Commercial)

C-2 (General Commercial)

A monopole of 75 feet or less shall be a conditional use in the following zoning districts:

C-1A (Professional)

R-P (Residential Professional)

A stealth communication facility shall be a conditional use in any residential district:

R-A (Residential Holding)

AEU (Agricultural Estate, Single-Family Residential)

REU (Rural Estate, Single-Family Residential)

EU (Estate, Single-Family Residential)

R-1AAA (Single-Family Residential)

R-1AA (Single-Family Residential)

R-1A (Single-Family Residential)

R-1B (Single-Family Residential)

R-2 (One-, Two- and Multiple-Family Dwelling)

R-3 (Multiple-Family Dwelling)

R-4 (Two-Family Dwelling) PUD (Planned Unit Development)

PUD (Planned Unit Development)

R-2T (Planned Residential Development for Mobile Home Parks)

Modification of tower sites in any zoning district shall require a conditional use.

Factors to be considered in granting a conditional use:

The City of Melbourne shall consider the following factors in determining whether to issue a conditional use. The City of Melbourne may add restrictions or waive or reduce the burden on the applicant of one or more of these criteria if the City of Melbourne concludes that the goals of this ordinance are better served thereby.

1.

Height of the proposed communication tower.

2.

Proximity of the communication tower to residential structures and residential district boundaries.

3.

Nature of uses on adjacent and nearby properties.

4.

Surrounding topography.

5.

Surrounding tree coverage and foliage.

6.

Design of the communication tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

7.

Proposed ingress and egress.

8.

Availability of suitable existing communication towers and other structures. No new communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City of Melbourne that no existing communication tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing communication tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a)

No existing communication towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b)

Existing communication towers or structures are not of sufficient height to meet applicant's engineering requirements.

c)

Existing communication towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing communication towers or structures, or the antenna on the existing communication towers or structures would cause interference with the applicant's proposed antenna.

e)

The fees, costs, or contractual provisions required by the owner in order to share an existing communication tower or structure or to adapt an existing communication tower or structure for sharing are unreasonable. Costs exceeding new communication tower development are presumed to be unreasonable.

f)

The applicant demonstrates that there are other limiting factors that render existing communication towers and structures unsuitable.

(Ord. No. 97-30, § 8, 5-27-1997; Ord. No. 2004-37, § 8, 5-25-2004)

(a)

The planning and zoning board shall review and recommend, and the city council may grant, a conditional use to allow site plan development modifications to setbacks, separation or buffer requirements and maximum height based on the following criteria:

(1)

The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located.

(2)

The site plan development modification will not create any threat to the public health, safety or welfare.

(b)

In addition to the requirements of subparagraph (a) of this section, in the following cases the applicant must also demonstrate with written evidence the following:

(1)

In the case of a requested modification to the setback requirement, that the size of plot upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the person is to locate the tower at another site which poses a greater threat to the public health, safety or welfare or is closer in proximity to residentially zoned land.

(2)

In the case of a request for modification to the separation requirements of section 9.89 that the proposed site is zoned "M-1" or "M-2" and the proposed site is at least double the minimum standard for separation from residentially zoned lands.

(3)

In the case of a request for modification of the separation requirements of section 9.89, if the person provides written technical evidence from an engineer(s) that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to minimize the visibility to the residential area.

(4)

In the case of a request for modification of the maximum height limit for towers and telecommunications facilities, that the modification is necessary to (i) facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily.

(Ord. No. 97-30, § 8, 5-27-1997)

The city may authorize the use of city property in appropriately zoned districts in accordance with the procedures of the city charter and code. The city shall have no obligation to use city property for such uses. However, telecommunication facilities and telecommunication support structures shall be encouraged to locate on public property, including the right-of-way, when appropriate.

(Ord. No. 97-30, § 8, 5-27-1997)

The development of a tower upon any plot of land within the city shall be subject to the following additional restrictions:

(A)

No new tower shall be built, constructed or erected in the city unless such tower is capable of supporting another person's operating telecommunications facility, comparable in weight, size and surface area to the telecommunications facilities installed by the applicant or to be installed by the applicant.

(B)

An application to develop a tower shall include:

(1)

The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

(2)

The legal description of the parcel of land upon which the tower is situated.

(3)

The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a one-quarter mile radius of the proposed new tower site, including city-owned property.

(4)

Written affidavit attesting that the applicant made diligent, but unsuccessful efforts for permission to install or collocate the applicant's telecommunications facilities on city-owned structures (i.e.: water towers); on all city-owned towers or antenna support structures, or on city property; located within a one-quarter mile radius of the proposed tower site.

(5)

Written affidavit attesting that the applicant made diligent, but unsuccessful efforts to install or collocate the applicant's telecommunications facilities on all towers or antenna support structures owned by other persons located within a one-quarter mile radius of the proposed tower site.

(6)

Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or antenna support structure located within a one-quarter mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system.

(7)

Each application to allow construction of a tower shall include a written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and nonresidential properties.

(8)

Written, technical evidence from an engineer that the proposed structure meets the standards set forth in section 9.88 "Structural Requirements" of this code.

(9)

Application fee as noted in section 2-507, Melbourne City Code.

(Ord. No. 97-30, § 8, 5-27-1997)

(a)

All towers, except stealth towers, shall be set back one foot for each two feet of height but in no case less than the underlying setback requirement in the applicable zoning district. In zoning districts where a conditional use is required for the construction of a tower, additional setbacks may be increased to satisfy safety and aesthetic concerns. Stealth towers shall meet the setbacks of the zoning district in which they are located but not less than 25 feet.

(b)

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel on which it is located. All structures included with the tower shall be included in the setback.

(c)

Guy wires shall meet the minimum setbacks for the district in which they are located but not less than ten feet.

(d)

A minimum setback of ten feet from all overhead utility lines shall be required.

(Ord. No. 97-30, § 8, 5-27-1997)

All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the city's building code, and any other standards outlined in this article. All towers in operation shall be fixed to land with the exception of "temporary telecommunications towers."

(Ord. No. 97-30, § 8, 5-27-1997)

(a)

Towers shall be separated from all residentially zoned lands by a minimum of 200 feet.

The minimum tower separation distance shall be calculated and applied irrespective of city and county jurisdictional boundaries.

(b)

Measurement of tower separation distances for the purpose of compliance with this article shall be measured from the base of a tower to the closest point of a designated area.

_____

(c)

Proposed towers must meet the following minimum separation requirements from existing towers or towers previously approved but not yet constructed at the time a development permit is granted pursuant to this article:

SEPARATION REQUIREMENTS

For the purpose of this subsection, the separation distances shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower.

(Ord. No. 97-30, § 8, 5-27-1997)

_____

Towers are exempt from the maximum height restrictions of the district where located. Lattice and guyed towers shall be limited to 300 feet in height, monopoles shall be limited to 200 feet in height. All antennas on towers or monopoles shall not exceed 20 feet beyond the height of the tower/monopole.

(Ord. No. 97-30, § 8, 5-27-1997)

Measurement of tower height for the purpose of determining compliance with all requirements of this article shall include the tower structure itself and the base pad. Tower height shall be measured from grade.

(Ord. No. 97-30, § 8, 5-27-1997)

Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). At the time of construction of a tower, in cases where there are residential uses located within a distance that is 300 percent of the height of the tower, dual mode lighting shall be requested from the FAA.

(Ord. No. 97-30, § 8, 5-27-1997)

Towers not requiring FAA painting or marking shall have an exterior finish which blends with the surrounding area to the greatest extent possible as approved by the appropriate reviewing body.

(Ord. No. 97-30, § 8, 5-27-1997)

All parcels containing freestanding towers or telecommunications facilities, other than stealth facilities, shall be fenced. Fencing shall be constructed in accordance with the applicable fencing requirements in the zoning district where the tower or antenna support structure is located, unless more stringent fencing requirements are required by FCC regulations.

(Ord. No. 97-30, § 8, 5-27-1997)

No signs or advertising shall be placed on a tower, unless otherwise required by law, except the property may be posted to prohibit trespassing.

(Ord. No. 97-30, § 8, 5-27-1997)

All landscaping on parcels containing freestanding towers or telecommunications facilities, other than stealth facilities, shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure or telecommunications facilities are located. Additionally, at a minimum, a ten-foot landscaped buffer shall be provided outside of the fence and shall be appropriately designed to screen the base of the telecommunications facility unless there is a natural opaque buffer for a minimum of 50 feet outside the fence.

(Ord. No. 97-30, § 8, 5-27-1997)

All towers must be reasonably posted and secured to protect against trespass.

(Ord. No. 97-30, § 8, 5-27-1997)

All parcels upon which towers are located must provide access to at least one paved vehicular parking space on-site.

(Ord. No. 97-30, § 8, 5-27-1997)

(a)

Any telecommunications facilities which are not attached to a tower may be permitted as an accessory use to any antenna support structure building at least 40 feet tall (except residential occupancies of three stories or less), regardless of the zoning restrictions applicable to the zoning district where the structure is located. The owner of such structure shall, by written certification to the building official, establish the following at the time plans are submitted for a building permit:

(1)

The height from the grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 percent.

(2)

The antenna support structure and telecommunications facilities comply with the city's building code.

(3)

Any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. However, this setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the city. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of an antenna support structure below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure.

(Ord. No. 97-30, § 8, 5-27-1997)

(a)

Existing towers constructed prior to the effective date of this ordinance which do not meet the requirements of this ordinance may continue as a nonconforming use, but these towers may be replaced or modified for collocation or to improve functionality as long as the height of the tower does not exceed 20 percent of the original tower.

(b)

An existing tower may be modified to accommodate collocation of additional telecommunications facilities as follows:

(1)

The applicant for a development permit may be issued a development permit without further approval by the city council.

(2)

The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the existing height of the tower by more than 20 percent or the maximum height allowed by this ordinance.

(3)

Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this article. The tower's pre-modification height shall be used to calculate such distance separations.

(4)

A tower which is being rebuilt to accommodate the collocation of additional telecommunications facilities may be moved on-site subject to the setback requirements of this article.

(5)

A tower that is relocated on-site shall continue to be measured from the original tower location for the purpose of calculating the separation distances between towers as provided herein.

(Ord. No. 97-30, § 8, 5-27-1997)

(a)

All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Standard Building Code and all other construction standards set forth by the city's code, federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to section 9.86 of this article and every five years thereafter; for existing monopole towers, certification shall be submitted within 60 days of the effective date of this ordinance and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to section 9.86 of this article and every two years thereafter; for existing lattice or guyed towers, certification shall be submitted within 60 days of the effective date of this ordinance and then every two years thereafter. The owner may be required by the city to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower has been jeopardized.

(b)

The city or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the Standard Building Code and all other construction standards provided by the city's code, federal and state law.

(c)

The city reserves the right to conduct such inspections at any time upon reasonable notice to the owner. All expenses related to such inspections by the city shall be borne by the owner.

(Ord. No. 97-30, § 8, 5-27-1997)

(a)

Owner shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

(b)

Owner shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electrical Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

(c)

All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.

(d)

All maintenance or construction on a tower, telecommunications facilities or antenna support structure shall be performed by licensed maintenance and construction personnel.

(e)

All towers shall be maintained in compliance with current radio frequency emissions standards of the FCC.

(f)

In the event the use of a tower is discontinued by the owner, the owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued.

(Ord. No. 97-30, § 8, 5-27-1997)

(a)

Intent. It is the intent that the standards and specifications herein shall apply to the development of public and private sidewalk, pedway, and bicycle facilities constructed and reconstructed in the city.

(b)

Applicability. As a condition of the issuance of a building permit for any construction project, the city shall require the developer to construct a sidewalk along the development project street frontage(s) at the time of development.

(c)

Payment in lieu of constructing a sidewalk. The city may allow the owner or developer to make a cash payment to the city in lieu of constructing a sidewalk along the street frontage, if it is determined that a project site is not located within an area where sidewalks exist or where they are anticipated, or where there are physical impediments. The cash payment shall be equivalent to the estimated cost of providing the sidewalk, as determined by the city engineer to include administration, design, construction and contingency costs. In such cases, the city shall retain the cash payment in a trust fund for use in construction of a sidewalk within the city.

(d)

Waiver for certain single-family residential infill lots.

(1)

Eligibility. The owner or developer of an infill single-family residential lot, whether recorded prior to January 10, 1995 or un-platted, may be eligible to request a waiver to reduce the amount of the sidewalk trust fund payment. At least three of the following conditions shall exist to request a waiver:

a.

The infill property is located on a local roadway;

b.

The infill property is located in a rural area with street frontage exceeding 75 feet;

c.

No sidewalks exist within 100 feet of the property; or

d.

There are no sidewalk projects planned by the city in the immediate area.

The owner or developer of a lot recorded after January 10, 1995, is not eligible to request a waiver of the sidewalk requirement.

(2)

Criteria to approve a waiver. The administrative review committee will review a waiver request as outlined in appendix B, article IX, section 8.

(Ord. No. 99-24, § 2, 6-8-1999; Ord. No. 2018-04, § 3, 2-13-2018)

(a)

Bicycle facility. Includes improvements constructed or provided to accommodate bicycle traffic and parking. Bicycle facilities may include bikeways, bicycle lanes within the street, paved shoulders, wide curb lanes, pedways which are a minimum of eight feet in width, trails where bicycling is permitted, bicycle racks and lockers, and other facilities and markings intended to designate areas available for exclusive use or shared use for bicyclists.

(b)

Bikeway (bicycle way). A facility within the street, within the street right-of-way, or within a separate right-of-way or easement improved for use by bicyclists.

(c)

Pedway (pedestrian way). A physical course or improvement, a minimum of eight feet in width, provided within a right-of-way or access easement used exclusively by pedestrians or bicyclists.

(d)

Right-of-way. Land dedicated, deeded, conveyed, reserved, or used for a street, alley, pedway, bikeway, boulevard, drainage facility, access for ingress and egress, or other public purpose.

(e)

Sidewalk. Improved hard surface way constructed within rights-of-way, along exclusive easements, or on private property intended to be used for pedestrian traffic. Crosswalks shall be included as a required sidewalk.

(Ord. No. 99-24, § 2, 6-8-1999; Ord. No. 2018-04, § 3, 2-13-2018)

All development, including subdivisions, shall provide sidewalks, adjacent to the roadway on which the development fronts. Sidewalks shall also be provided on both sides of all arterial, collector, local, and marginal access streets, and along streets abutting subdivisions unless otherwise provided in this code or in the Melbourne Comprehensive Plan.

(a)

[Sidewalks provided.] All development, including subdivisions, shall provide sidewalks adjacent to the roadway on which the subdivision or development fronts. Sidewalks shall also be provided on both sides of all arterials, collectors, local streets, and marginal access streets located within a subdivision, or on streets abutting the subdivision, unless otherwise provided in this code or in the Melbourne Comprehensive Plan.

(b)

All sidewalks shall be placed within a right-of-way. Whenever this is not possible, sidewalks shall be provided through the creation of access easements.

(c)

Location and width. All sidewalks shall be placed as far from the roadway as practical and shall be free of all obstructions. The location criteria established in the "FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" should be followed. If a sidewalk must be placed immediately adjacent to the curb, a wider sidewalk shall be required.

Sidewalks along arterial and collector streets shall be a minimum of five feet in width. Sidewalks no less than four feet in width shall be required along both sides of local residential streets.

(d)

Allowable slopes. All sidewalks must be constructed so that the maximum cross slope is not greater than two percent and that the longitudinal slopes meet ADA standards.

(e)

Tamping subgrades. All subgrades of sidewalks shall be compacted to LBR 40.

(f)

Minimum uniform thickness. All sidewalks constructed in the city must have a uniform thickness of not less than four inches. Where the sidewalk crosses a driveway, it must be a thickness not less than six inches.

(g)

Concrete construction, expansion joint required. All sidewalks shall be constructed of concrete and shall have expansion joints as appropriate for the class of concrete used.

(h)

Finish of surface. The surface of sidewalks shall be finished smoothly, but with a finish that will not be slick. Appropriate textures shall be required at entrances to crosswalks.

(i)

Gates opening onto sidewalk. No gate shall open onto or stand onto any sidewalk in the city. No gate shall open outwards and every gate shall be constructed so as to open inwards.

(j)

Standards of construction. Concrete must meet the specification of 3,000 psi at 28 days with fiber additive.

(k)

Subdivision sidewalks. The owner of a property proposed for subdivision shall be responsible for constructing sidewalks in common areas, including tracts, and such sidewalks shall be installed prior to the final inspection of the subdivision improvements for the issuance of a certificate of completion. The owner/developer of other types of development shall complete all required sidewalks prior to final inspection of site improvements for the issuance of a certificate of completion.

(l)

Connections at intersections required. Each sidewalk shall extend to a curb cut at all street intersections which provides access connections to the sidewalk from the street. All access connections shall provide ADA handicapped accessible ramps consistent with requirements to implement the Americans with Disabilities Act, 42 USC 12101 et seq. All sidewalks within subdivisions shall be constructed in accordance with the provisions set forth in section 29-5(b)(1)f.1.

(m)

Bicycle lane design standards. Bicycle ways shall be provided within the curb lane of arterial and collector streets and shall be no less than four feet in width measured from the lip of the curb towards the centerline of the road. Such facilities shall be marked and signed by the contractor/developer in accordance with the Florida Department of Transportation adopted standards in effect on the date of construction plan approval.

(n)

Connection to transit stops required. All development must provide, to and from designated transit station stops, sidewalks which provide interconnected routes to the public and private sidewalk system. Where such transit station stops are located, additional sidewalk width may be required to provide for the construction of a shelter/bench and provide adequate width for anticipated pedestrian volumes and users.

(Ord. No. 99-24, § 2, 6-8-1999; Ord. No. 2018-04, § 3, 2-13-2018)

Property owners may be required by the city council to construct sidewalks on any street abutting their property within a time limit specified by the city council. Should the walk not be constructed within the time ordered, the city council shall assess the cost of such construction against the abutting property and collect such costs in accordance with the charter and state law.

(Ord. No. 99-24, § 2, 6-8-1999)

The city may allow the owner or developer to make a cash payment to the city in lieu of constructing a sidewalk along the street frontage, if it is determined that a project site is not located within an area where sidewalks exist or where they are anticipated. The cash payment shall be equivalent to the estimated cost of providing sidewalk, as determined by the city engineer to include administration, design, construction and contingency costs. In such cases, the city shall retain the cash payment in a trust fund for use in construction of a bicycle facility or lane.

(Ord. No. 99-24, § 2, 6-8-1999; Ord. No. 2018-04, § 3, 2-13-2018)

Editor's note— Ord. No. 2018-04, § 3, adopted Feb. 13, 2018, changed the title of § 9.109 from "Establishment of Bikeway/Sidewalks Trust Fund" to read as herein set out.

Funds collected through the sidewalks trust fund shall be collected by the engineering department and maintained by the financial services department. A book, file, or permanent electronic spreadsheet entitled the "sidewalks trust fund" shall be kept for the purpose of recording information pertaining to developments that have provided payment into the trust fund. This file shall provide information by legal description of the lots or parcels of land and name of development associated with the payment into the sidewalks trust fund and the name of the property owner, the date of payment, the sidewalk length for which the trust fund payment has been made, and the amount of funds contributed to the project by the project owner/developer. Funds collected for the construction of a sidewalk improvement consistent with the comprehensive plan and this ordinance under the requirements of this ordinance shall be allocated within six years from the date of payment, or the owner/developer, or contributor to the trust fund shall be entitled to a refund of the payment minus any cost already expended to administer, design, or construct such facility. Funds collected and assessments made prior to adoption of this ordinance shall be maintained and used for the timely construction of improvements consistent with this ordinance. Should a project other than the project previously approved, which owner has made payment into the trust fund, be submitted for review and approval by the city, a new payment may be required. In such cases, the owner/payer of the fee for the original project shall be entitled to a refund or partial refund as provided for herein. Payment dates for purposes of determining compliance with this ordinance shall be based on the date the actual payment for the required facility is made to the city.

(Ord. No. 99-24, § 2, 6-8-1999; Ord. No. 2018-04, § 3, 2-13-2018)

Editor's note— Ord. No. 2018-04, § 3, adopted Feb. 13, 2018, changed the title of § 9.110 from "Administration of "Bikeway/Sidewalks Trust Fund" to read as herein set out.

All development shall provide bikeways, pedways, or sidewalks, along street frontages if the roadway is identified in the comprehensive plan or on the "Official Future Bikeway/Sidewalk/Pedway Facility Map." The "Official Future Bikeway/Pedway/Sidewalk Facility Map" shall be maintained by the city community development department and the engineering department. The map and related policies are provided for in the Melbourne Comprehensive Plan, Map T-10.

(Ord. No. 99-24, § 2, 6-8-1999; Ord. No. 2018-04, § 3, 2-13-2018)

Editor's note— Ord. No. 2018-04, § 3, adopted Feb. 13, 2018, changed the title of § 9.112 from "Bikeway, pedway or sidewalk required in accordance with plan" to read as herein set out.

Funds collected through the "sidewalks trust fund" shall be expended through the trust fund allocation districts. Sidewalks trust funds shall be expended to construct sidewalks within the allocation district where the funds are collected to primarily benefit the citizens and businesses within the district. Such districts shall correspond with the recreation impact fee districts established by the city. The allocation districts shall consist of four specific areas. These include:

Trust Fund District 1: All that area of the city located north of the Eau Gallie River from the Indian River Lagoon to west of I-95.

Trust Fund District 2: That portion of the city located between the Eau Gallie River and the centerline of U.S. 192 (Strawbridge Avenue and New Haven Avenue) from the Indian River Lagoon to the west city limits, including all areas located west of I-95.

Trust Fund District 3: That portion of the city located south of the centerline of U.S. 192 (Strawbridge Avenue and New Haven Avenue) from the Indian River Lagoon to the west city limits.

Trust Fund District 4: All of that portion of the city located east of the Indian River Lagoon.

(Ord. No. 99-24, § 2, 6-8-1999; Ord. No. 2018-04, § 3, 2-13-2018)

Editor's note— Ord. No. 2018-04, § 3, adopted Feb. 13, 2018, changed the title of § 9.113 from "Allocation of "bikeways/sidewalks trust fund" payments" to read as herein set out.

(a)

Defective sidewalks declared nuisance. It is hereby declared that sidewalks that are broken, cracked, or otherwise in such condition as not to present a smooth, continuous surface are a nuisance; it is further declared to be the duty of the owner or owners of property upon which the sidewalks are located or abutting upon defective sidewalks to remedy such defective condition. All repairs and corrections shall be made in accordance with specifications furnished by the city.

(b)

Procedure upon failure of owner to repair, generally. Upon the failure of the owner or owners of the premises upon which the sidewalks are located or abutting upon defective sidewalks to remedy the conditions existing in violation of the requirements hereof within 30 days after service of notice so to do as provided herein, then the city manager shall proceed as prescribed below to have such condition remedied and the cost thereof shall be a lien against the abutting property to the same extent and character as are the liens for special assessments or improvements and with the same penalties and with the same rights of collection, foreclosure, sale, and forfeiture as prevail in the case of liens for special improvements as provided for in F.S. ch. 170.

(c)

Notice of defect. The streets management division shall institute the procedure for the enforcement of the requirements of this division and the removal and correction of conditions in violation of the provisions hereof by making a finding and determining that certain sidewalks are in such condition as to be in violation of this division. The finding may include any number of lots, parcels or tracts of land whose abutting sidewalks are in defective condition. Upon making such a finding, the streets management division shall serve notice upon the owner or owners thereof to comply with the requirements of this division within 30 days after the service of such notice, and for such owner or owners to proceed to have the condition of such sidewalk remedied; and should such condition not be remedied within 30 days, the city manager is authorized to proceed to remedy such condition. The notice shall be given by registered mail addressed to the owner or owners of the property described, as their names and addresses are shown upon the records of the tax assessor of this city and shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid. Such notice shall be in substantially the following form:

An inspection of the sidewalk abutting this property discloses, and the City of Melbourne has found and determined, that it is in such condition as to be in violation of appendix D, chapter 9, City Code, because such sidewalk is broken, cracked and otherwise so defective as not to present a smooth, continuous surface and the existence of this condition constitutes a nuisance which must be abated.

This said code provides that it shall be unlawful for you to permit this condition to continue, and you are hereby notified that unless the condition is remedied in accordance with city specifications so as to bring it into compliance with the code within 30 days from the date of service of this notice, the City of Melbourne will proceed to remedy the defective condition and the cost of such work will be imposed as alien against this property. Our estimate of the probable cost is $_______.

(d)

City manager authorized to proceed upon failure of owner to correct. Upon the failure of the owner or owners of such lots, parcels or tracts of land to remedy the condition of such sidewalks found to be in violation of this division within such 30 days, then the city manager is hereby authorized to have the condition remedied either by contract or direct labor or by a combination of both; provided, however, that the cost thereof chargeable to the owner does not exceed the amount of the cost estimated for the work in the initial notice.

(e)

Entry in sidewalk lien book. Upon completion of the required work by the city to repair the sidewalk abutting certain described lots, tracts or parcels of land found to be in such condition as to be in violation of the requirements of this division, the financial services department shall enter into a book, designated as "Sidewalk Lien Book" which shall be kept for that purpose and which shall be kept open for public inspection, the legal description of the lots or parcels of land involved, the name of the owner or owners thereof as shown on the records of the tax assessor of the city, the date of the initial notice and the date repairs were completed, and the actual cost of repairing the sidewalk.

(f)

Period for petition for correction of defective lien. The cost of repairing the defective sidewalk condition shall be and become a lien against the abutting property to the same extent and character as is the lien for special assessments or special improvements provided in F.S. ch. 170, as of the date of completion of work by the city; provided that any person owning all or any interest in the property shall have the right at any time within 30 days after the completion of the work to present to the city manager a petition setting forth his interest in the property and alleging that in the opinion of the petitioner the cost of the work as entered in the sidewalk lien book exceeds the actual cost thereof or is otherwise erroneous. The city manager shall consider the same, and make due inquiry into the questions involved, and if it shall appear to the satisfaction of the city manager that the cost as entered is erroneous or unfair, then the city manager shall have the entry in the sidewalk lien book corrected, and shall fix and confirm the amount to be charged against such lot, parcel, or tract of land as he shall find just and proper, and the amount so fixed shall stand as the amount of the lien, effective as of the date of completion of the work aforesaid; or the city manager may confirm the lien in the amount as originally entered in the sidewalk lien book.

(g)

When lien payable; interest rate. The lien for the cost of repairing such sidewalk or sidewalks found to be violative of this division shall become due and payable 30 days after completion of such work, excepting only those cases in which a petition is filed as set forth in the preceding section where, upon consideration thereof, the city council has changed and corrected the amount of the lien as entered in the sidewalk lien book; in such case the lien shall become due and payable after the final action. After the respective dates above-fixed, all unpaid liens shall become delinquent and shall thereafter bear interest at the rate of eight percent per annum until paid in full.

(h)

Installment payment procedure. The lien for the cost of repairing any sidewalks under the provision hereof, if the same is in excess of $25.00, may be paid in two equal installments due, respectively, on the first day of November following the due date prescribed above and on the first day of November of the year following, provided that the owner or owners of the lot, parcel, or tract of land abutting such sidewalk shall file with the financial services department on or before the due date, a written request assenting to the correctness of the lien, and waiving right of contest thereof. Such deferred installments shall bear interest at the rate of eight percent per annum from and after the due date of the lien, but any such lien or installment thereof may be paid at any time when accompanied by the payment of the interest due upon the entire unpaid balance of the lien to date of payment. Failure to pay any such installment when the same shall become due shall, without notice or other proceeding, cause the entire unpaid balance of the lien to become due and payable forthwith. Further, if before the lien is sold at an annual tax sale the amount of such delinquency and all interest upon the entire unpaid balance is paid, then the further installment or installments shall again be due and payable at the time set forth in the written undertaking.

(Ord. No. 99-24, § 2, 6-8-1999)

(a)

The purpose of this article is to preserve the city's unique character through regulations, which protect the city's natural plant communities and promote sound landscaping practices.

(1)

Tree requirements. The purpose of the tree requirements provisions is to establish standards for the planting, preservation, and removal of trees. These standards are intended to provide a comprehensive and consistent, yet flexible framework for tree requirements intended to improve the appearance of the city by encouraging the proliferation of native trees and vegetative cover, as well as relocation or replacement where necessary, and to control and eliminate invasive non-native species. Protection of trees and vegetation is intended to promote carbon dioxide absorption, oxygen production, dust filtration; reduction of noise, wind, and glare; soil stabilization and enrichment; erosion prevention, surface drainage improvement and aquifer recharge; water pollution reduction, wildlife habitat, energy conservation, temperature moderation, the economic enhancement of improved lands; scenic beauty, quality of life, and the health, safety, welfare, and well-being of the city.

(2)

Buffers. The purpose of the buffering and visual screen provisions is to establish standards for landscape buffers and visual screening. Certain uses of property when abutting each other may be incompatible and create conflicts that may be reduced or eliminated by buffers and visual screens. These standards are intended to provide a comprehensive and consistent, yet flexible framework for providing adequate buffer areas and visual screening between abutting incompatible uses. These standards are intended to improve the appearance of the city by eliminating or minimizing potential nuisances such as noise, lighting, unsightly structures, the visibility of outdoor aspects of intensive land uses, and off-street parking and loading areas, as well as assist in soil conservation and the natural control of air and water pollution and ensure the compatibility of different land uses over time.

(3)

Landscaping. The purpose of the landscaping provisions is to establish standards for landscaping areas associated with parking, traffic circulation, and other vehicular use. These standards are intended to provide a comprehensive and consistent, yet flexible, framework for landscaping intended to improve the appearance of the city by creating green space where development occurs, enhance soil conservation and the natural control of air, thermal, and water pollution, and ensure the compatibility of different land uses over time.

(Ord. No. 2025-19, § 2, 4-8-2025)

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Abutting means contiguous or next to.

Agency means the city, its officers, boards or committees charged to make administrative and interpretive decisions regarding implementation of the standards of this article.

Barrier means a durable opaque structure or hedge at least three feet high used within the parking lot screening or decorative perimeter landscaping.

Buffer means an area designed and designated for landscaping and screening.

Caliper means measurements on young trees are taken six inches above the soil. Once a tree's trunk diameter exceeds four inches, the tree is measured at a height of 12 inches above the soil. All legitimate nurseries and garden centers in the United States use these specific standards to measure tree caliper.

Cut means a portion of land surface or area from which earth has been removed by excavation, or the depth below original ground surface to excavated surface; also known as excavation.

Damaged tree means a tree that has been wounded (bark scraped or removed, canopy topped, limbs removed or shattered, roots cut or crushed) to an extent that survival is unlikely.

Diameter at breast height (DBH) means a tree's diameter at breast height is the most common tree measurement made on a tree, by tree professionals, with breast height specifically defined as a point around the trunk at four and one-half feet above grade.

Diameter at breast height-inch (DBH-inch) means the measurement in determining a tree trunk width at four and one-half feet. Also used in calculating the tree removal fees as adopted by city council resolution from time to time.

Development means the term as set forth in F.S. § 380.04.

Drip line means the vertical line running from the outermost horizontal circumference of the tree branches extending to the ground.

Drought tolerant means a plant species that will survive on natural rainfall without supplemental irrigation after establishment.

Establishment period means the time between planting and new root growth. During the establishment period, regular supplemental watering to the root zone is required.

Encroachment means any protrusion of a vehicle outside a parking space, display area or accessway into a landscape area, sidewalk and any other public access.

Existing grade means the vertical location of the existing ground surface prior to cutting or filling.

Finished grade means the final grade or elevation of the ground surface forming the proposed design.

Florida-friendly landscaping means use of low-maintenance native plants and environmentally-sustainable landscaping practices that help to preserve Florida's natural resources and protect the environment.

Grading means altering surfaces to specified elevation, dimensions, and/or slopes; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Grand tree means a tree and its root system within the cypress (taxodium spp.), oak (quercus spp.), and pine (pinus spp.) species which has a minimum 30-inch trunk diameter at DBH. In the case of multi-stemmed trees where there is a union of wood above grade, the DBH shall be measured at each stem and added together to reach a minimum of a 45-inch diameter.

Groundcover means low growing plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity, planted in such a manner as to form a continuous cover over the ground.

Hedge means a line of shrubs planted and maintained so as to form a continuous, unbroken visual screen, which can minimize light pollution from vehicular headlights. Also, a row of shrubs or small trees planted close together in such a manner as to form a boundary or barrier.

Height, tree means the measurement from the base of a woody tree at grade to the top of the tree. For palms it is measured as bare trunk height (BTH) which is from grade to the base of the newest emerging palm front spear.

Indigenous means any species of plant native to the central coastal area of Florida (see also native vegetation).

Land alteration permit means the permit administered by the engineering department to allow for lawful pre-construction activities to regulate erosion and sedimentation and/or tree removal. A land alteration permit is also administered post construction for any tree removal outside of development activities on non-residential sites.

Landscaped area means the area designated on any site upon which landscaping material may be placed, including stormwater retention areas.

Landscaping means any of the following or a combination of living plant materials, such as but not limited to, grass, ground covers, shrubs, vines, hedges and trees. Landscaping may include, for accent purposes, nonliving durable material such as, but not limited to, rocks, mulch, pebbles, decorative walls or fences, but excluding paving.

Monoculture means the growth or population dominated by a single crop, plant, or organism.

Natural ground surface means the ground surface in its original state before any grading, excavation or filling (see also definition of existing grade).

Native tree means any individual tree listed as a native species shown on "native list" of the list of approved tree species, as identified herein. Damaged trees do not qualify as native trees for the purposes of planting or preservation.

Native tree replacement fund means a fund established to provide a funding source for the purpose of planting trees on public or government-owned properties.

Native vegetation means any plant species with a geographic distribution indigenous to East Central Florida.

Non-indigenous means any species of plant not native to the central east coast of Florida.

Non-native (noxious) invasive species means any non-indigenous species that crowds out or takes over native species habitats and is prohibited from planting.

Open space, usable means the term as defined in appendix B for R-1B, and PUD zoning.

Perimeter landscape strip means the planted space within the subject property and abutting any right-of-way or adjacent property. The term includes parking lot screening and decorative perimeter landscaping.

Person means an individual, partnership, corporation, association or other legal entity, and shall include the plural, as well as the singular.

Planted tree means a tree that has been nursery grown for resale or otherwise transplanted.

Preserved tree means a tree preserved on-site that has been barricaded, or is located 100 feet or more from the farthest point of development, and that could count towards a development's minimum tree requirement.

Prohibited tree means a tree of undesirable or exotic species that disrupts natural habitats or is otherwise destructive. Trees listed as category I or II invasive species on the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List shall be prohibited. Trees listed as category I invasive species shall be removed during site preparation.

Rain sensor device means a low voltage electrical component placed in the circuitry of an automatic lawn irrigation system, which is designed to turn off a sprinkler controller when sufficient rain meets the needs of the landscaping.

Re-growth control means any measure to ensure non-native invasive plan species are controlled.

Removal, tree means to remove, removing, or actual the displacement or effective displacement through damaging.

Shrub means a self-supporting non-deciduous species of plants reasonably capable of growing and surviving in the east central coastal area or climatological areas of the city, which shall be a minimum of two feet in height immediately upon planting.

Site means that parcel of land for which any permit from the city is sought.

Sight triangle or visibility triangle means a "visibility triangle" refers to a triangular area that defines a zone necessary for the clear view by the driver of a motor vehicle or a bicyclist of oncoming cross-street motor vehicle, bicycle or pedestrian traffic. This triangular area can be located at street intersections, alley intersections, and/or public access driveways.

Specialized vehicular use areas means areas used for new or used motor vehicles, equipment, boats, local and inter-urban passenger bus terminals and service facilities, and motor freight terminals and loading docks. The term does not include areas set aside for access, employee parking, or areas open to public parking.

Topping, tree means also known as "stubbing," "heading," "heading-back," "stubbing off," "tipping," "hat racking," "topping-off," "dehorning," "lopping," "round over," "cut-over", "lollipopping;" trimming of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. This practice is strictly prohibited.

Tree means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. which normally grows, or is capable of growing, in the east central coastal or climatological area of Florida to an overall height of a minimum of 15 feet.

Vegetative practices means measures employed for the stabilization of erosive or sediment-producing areas by covering the soil with:

(1)

Permanent seeding, sprigging or planting producing long-term vegetative cover;

(2)

Short-term seeding, producing temporary vegetative cover;

(3)

Sodding, covering areas with a turf of perennial sod forming grass; or

(4)

Mulch materials within planting beds.

Viable means the term "viable," as used in this chapter, shall refer to a tree, or plant material which is capable of sustaining its own life processes for its natural life span.

Visual screen means the visual screen includes an opaque, minimum six-foot tall structure made of termite-resistant wood, vinyl, brick, concrete or masonry, along with a buffer.

Yard means an open space on the same lot with a principal building which is unoccupied and obstructed by buildings.

(Ord. No. 2025-19, § 2, 4-8-2025)

(a)

Generally.

(1)

No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging any tree located on any property within the city without first obtaining a permit, unless otherwise provided herein in subsection (b) of this section. Trees may be trimmed up to 20 percent of their canopy without obtaining a land alteration permit.

(2)

No person shall trim, remove or alter vegetation in a designated occupied scrub jay and gopher tortoise habitat area without obtaining approval from the United States Fish and Wildlife Service, except that non-indigenous, non-native, noxious species may be individually moved with the approval of the engineering department.

(3)

Land alteration permits authorized by this section, may be obtained by making application to the engineering department on a form supplied by the city, indicating the size and tree type and other information as may be required, by the engineering department. A separate application shall be filed for each site upon which tree removal is requested.

(b)

Exceptions. The following types of trees shall be exempt from the provisions of this section and this chapter and no permit or fees shall be required for the removal, cutting down, or destruction of these trees or other trees identified as exempt by the engineering department:

(1)

Prohibited trees.

Table 1. Prohibited Trees

(2)

Trees located in state-licensed and governmental plant or tree nurseries or botanical gardens in which the trees are planted and growing for the sale or intended sale to the general public in the ordinary course of business or for some public purpose and which are sold.

(3)

Trees which are required to be removed by law.

(4)

Trees which, due to natural circumstances, are no longer viable, are in danger of falling, are too close to existing structures so as to endanger such structures, interfere with utility services, create unsafe vision clearance or constitute a safety hazard.

(5)

Trees located on properties with existing one-, two- and three-family dwellings.

(6)

In the event of an emergency such as the approach and imminent landing of a hurricane, windstorms, flood, fire, or other disasters, the city manager or his/her designee retains the authority to temporarily waive the requirements of this section.

(c)

Application types and fees for tree removal on new development. The following must be submitted to the city through the city's permitting process, pursuant to the city's adopted policies and procedures for engineering construction plan review or the building department residential permit review.

(1)

Any person proposing tree removal in conjunction with any construction on, or development of real property on non-residential and/or multifamily sites of less than one-acre in size, or any individual one-, two- and three-family residential dwelling on any size lot, shall submit a sketch or rendering, drawn to scale and prepared by the applicant or property owner, an engineer, architect, landscape architect/designer or other development professional. This sketch shall be submitted at time of engineering construction plan review for non-residential development, or building permit review for individual residential lots and include the following, as applicable:

a.

The types of trees and their location in relation to the proposed structure.

b.

Location of all existing and proposed buildings, walls or fences, improvements or structures.

c.

Existing trees, and the size and type of existing trees, including grand trees, to be removed and/or preserved.

d.

Identification of uses on adjacent properties.

e.

Location of all parking areas and access aisles.

f.

Existing and proposed utility services.

g.

Existing and proposed elevations.

h.

Setbacks, yard requirements and easements.

(2)

Any person proposing tree removal in conjunction with any construction or development of real property on sites of individual one-acre or more, excluding any individual one-, two- and three-family residential dwelling lots shall submit legible plan, drawn to scale, and prepared by an engineer, architect, landscape architect/designer or other development professional.

a.

This plan shall be submitted for the entire site at time of engineering construction plan review for development and include the following, as applicable:

1.

A legible plan, drawn to scale, and prepared by an engineer, architect, landscape architect/designer or other development professional.

2.

Existing and proposed elevations.

3.

Existing and proposed elevations.

4.

Location of all existing and proposed buildings, walls or fences, or other improvements and structures.

5.

Location of all parking areas and access roads.

6.

Existing and proposed utility services.

7.

Existing and proposed elevations.

8.

Setbacks, yard requirements and location of easements.

b.

A tree survey certified by a landscape architect or other qualified person overlaid directly upon the site plan, and indicating the location of all trees as defined in this article, including grand trees. The survey shall indicate all existing trees with a caliper inch measurement of four inches or greater which are proposed to be removed or relocated, and which are to be preserved at their present location.

1.

Tree information shall be summarized in a legend form and shall contain the variety, trunk diameter, height and location, and disposition of all trees shown on the survey.

2.

Groups of trees less than three feet apart may be designated as clumps, with the exception that any tree with a trunk diameter of eight inches or more must be specifically designated.

3.

For sites on which tree removal activity is to occur on less than the entirety of the site, the tree survey may exclude those portions of the site which will not be affected by the tree removal or clearing activity by delineating with a "limits of work line."

(3)

Applications for subdivision plats, planned unit developments and formal site plans of ten acres or more, and all affordable housing projects, may request in writing, to utilize the tree sampling method. The sampling survey and report shall be performed by a certified arborist, a registered landscape architect, surveyor, or similar professional and shall submit the following information for the entire site at time of engineering construction plan review for development:

a.

The sampling areas combined shall be a minimum of ten percent of the entirety of the development site.

b.

A minimum of three sampling areas are required. Sites with varying degrees of tree coverage may require additional sampling areas.

1.

Sampling areas will be determined by the community development department. Sampling areas shall be representative of tree coverage categories on the site (e.g., low, medium, high density tree coverage). The site will then be delineated to show the total acreages of each category of tree coverage.

2.

Tree sampling surveys and reports must be submitted and approved as part of the first plan submittal.

3.

For planned unit developments (PUDs) and subdivision plats, tree sampling surveys and reports must be submitted and approved by staff as part of the PUD preliminary development plan, or preliminary plat review process.

c.

All trees with a caliper inch measurement of four inches or greater and all palms with a clear trunk of six feet or greater shall be included in the sampling for each sampling site.

d.

The sampling survey shall be accompanied by a report. At a minimum, the report shall include:

1.

A description of the site characteristics.

2.

A description of the method and procedure employed to sample the site.

3.

A description of tree species found on site. This section of the report shall include a discussion of any invasive species and grand trees on site, as applicable.

4.

A table for each sampling site providing the species and caliper inch measurement of all trees found within the sampling site.

5.

A table providing the caliper inch calculations for each tree coverage category. This table shall include the total acreage of each category, the caliper inches per acre, and total caliper inch calculations.

6.

A table providing the number and types of trees, and the trees' common names per acre, for each tree coverage category (e.g., pines per acre, oaks per acre).

7.

A table providing the number and types of trees for each tree coverage category with total calculations for the entire site.

e.

Sites utilizing tree sampling shall not be exempt from any tree removal fees.

f.

If trees are to be preserved on site, and to be counted as required trees, these areas shall be identified on the sampling survey as such, and separate calculations provided.

g.

Tree sampling does not authorize removal of any trees on a site. Tree removal shall only be authorized after approval of the tree removal permit. Tree removal permits may only be issued after receiving engineering construction plan approval.

h.

Nothing contained above shall relieve the city of the ability to ask for further information relating to tree sizes and numbers, or further sampling in coordination with the applicant. In cases where a tree sampling survey is found to be incomplete or incorrect, the city reserves the right to require a full tree survey of the property.

(4)

Any person proposing any tree removal in conjunction with any construction or development of real property on an existing, or previously approved developed site, of any size, excluding any individual one-, two- and three-family residential dwelling lots shall submit a sketch or rendering, drawn to scale and prepared by an engineer, architect, landscape architect/designer or other development professional. This sketch shall be submitted at time of engineering construction plan review for development and include the following, as applicable:

a.

The types of trees and their location in relation to the proposed development.

b.

Location of all existing and proposed buildings, walls or fences, improvements or structures.

c.

Existing trees, and the size and type of existing trees, to be removed and/or preserved.

d.

The previously approved landscape plan.

e.

Location of all parking areas and access aisles.

f.

Existing and proposed utility services.

g.

Existing and proposed elevations.

h.

Setbacks, yard requirements and easements.

(d)

Criteria for issuance of permits. The tree removal portion of the land alteration permit shall be issued at time of engineering construction plan review for non-residential and/or multifamily residential development, or building permit review for individual one-, two-, three-family residential lots, and in accordance with this section when the engineering department has been satisfied that the application meets all of the following criteria:

(1)

The subject tree is located within:

a.

The area where any building, roadway, pavement, retention pond or other improvement is proposed to be constructed;

b.

Where a grade change is necessary to proposed development of the site will be made which is too severe for the tree to survive, and cannot be reasonably accommodated with tree wells as determined by the engineering department; and

c.

Such proposed improvements or grade change cannot be relocated upon the site so as to further maximize the preservation of the existing trees upon the site while not unreasonably restricting the permitted use of the property.

d.

As a condition to granting approval of the tree removal portion of the land alteration permit under this section, the applicant may be required, where practical, to relocate those trees which would otherwise be destroyed, to another location upon the site.

(2)

It is in the welfare of the general public that the tree be removed for a reason other than those set forth above.

(e)

Procedure for issuance of a land alteration permit.

(1)

Upon receipt of a completed application containing all the information as required by this article, the engineering department shall review said application. The review procedure shall determine the adequacy and accuracy of content and determine whether the application meets the requirements of this section and whether the applicant has taken all necessary and reasonable steps and considered design alternatives to preserve existing trees and to otherwise enhance the aesthetic appearance of the proposed development by the incorporation of existing trees into the design process.

(2)

In the event that no trees exist on the development site, the applicant shall not be required to provide the tree inventory. In lieu of this requirement the applicant shall submit a notarized "no tree affidavit."

(3)

Speculative clearing is not permitted. The applicant must have either a building permit or engineering construction plan approval prior to city staff authorizing any clearing or tree removal activities.

(4)

Fees. The applicant shall pay to the city all applicable fees for the cost of processing the application, as prescribed from time to time by resolution of the city council.

(5)

Following approval of the application, the engineering department shall issue the appropriate permits, and indicate compliance with the provisions herein.

(f)

Protection of trees not approved for removal, relocation or destruction.

(1)

Where healthy trees of appropriate location, species, and quality exist on-site prior to development, efforts shall be made to preserve such trees permanently at natural grade in accordance with the following:

a.

Prior to the site clearing phase of development, the trees to be preserved shall be protected by the construction of barriers.

b.

The barriers shall be constructed of wooden (or equivalent) posts at least two inches by two inches, and shall be implanted in the ground deep enough to be stable. The barriers shall be visible, with at least three feet showing above the ground. The protective posts shall be placed not more than six feet apart and shall be linked together using lumber; erosion fabric; net or plastic fence material, or snow fencing. Stakes strung with line or flagging shall not be considered a protective barrier.

c.

Barriers shall be placed at least six feet from the trunk of any protected palm.

d.

For tree species other than palms, barriers will be placed at the drip line, except as allowed in an area of encroachment as defined in sections 9.272(f)(1)g) and 9.272(f)(2).

e.

Where clusters of trees or large areas are to be protected, the area may be designated by barriers placed at the drip line from the outermost trees of the cluster or within the allowable area of encroachment. If the outermost trees are palms, the barrier shall be placed at least six feet from the trunks of the outermost palm.

f.

Barriers will remain in place until all construction activity, except landscaping, within the protected areas is complete.

g.

Trees not protected in the manner defined by this section throughout the construction period will not be considered preserved for purposes of this section, except for trees so located that they are 100 feet or more from the farthest point of development activity.

h.

No equipment, vehicles, construction materials, temporary structures or buildings, machinery, fill soil, sod, debris, fuel, paint, solvent, oil, thinner, asphalt, cement, grout, or construction chemical of any kind will be placed, allowed to enter, or be stored within the protective barriers established around protected trees or protected areas.

i.

All anchor straps and wood shall be removed after a minimum of six months and a maximum of one year period as long as the tree has been properly established.

j.

Temporary sanitation facilities shall not be located within the tree protection areas.

k.

No damaging attachment, wires (other than support wires for a tree), signs or permits shall be fastened to any tree protected by this section.

(2)

In the event that the preservation techniques referenced in this section are deemed impracticable, trees and tree roots may be encroached upon provided that such encroachment complies with the following conditions:

a.

No more than one-half of the radius of the tree canopy is impacted. This encroachment shall occur on no more than one side of the tree.

b.

No more than one-third of all tree roots found at the outermost limits of the tree's drip line are encroached upon.

c.

The remaining area of the tree's roots shall be protected by barriers at the drip line throughout construction and shall remain in preconstruction condition during and after construction.

d.

Paved areas of allowable encroachment shall use techniques that provide for aeration and irrigation of the root system. These techniques include:

1.

Substituting gravel or pebbles for typical fill soils; and

2.

Using pervious or porous paving materials in the areas of encroachment.

(3)

If the development utilizes construction techniques such as pilings or piers, which will not impact tree root systems, the area of allowable encroachment may be exceeded.

(4)

In no event shall a damaged tree, a dead tree, a tree not protected in accordance with the provisions of this section, or a tree not included in the list of approved tree species, as identified herein, or section 9.274(a)(5) be counted as a preserved or planted tree for purposes of this section.

(5)

On-site inspection for conformance with the provisions of this section shall be conducted by the engineering department inspectors, or authorized city official at any time during a site's development.

(g)

Grand trees. No person shall cut down, remove, relocate, or in any way damage a grand tree. These trees shall be protected without regard to their location or the date of final development approval.

(1)

The community development director or his/her designee shall exempt a grand tree from the terms and provisions of this section if:

a.

The tree is in advanced stages of decline. Staff reserves the right to request a determination from a certified arborist;

b.

The tree is located where a permitted principal structure and/or required improvement is to be located, and the applicant has made every effort to accommodate the grand tree within the design of the structure or improvement. It is the intent of this provision that a permit shall be granted for the removal of a grand tree only after the applicant has demonstrated an effort to design and locate the proposed structure or improvements to prevent the removal a grand tree consistent with the permitted use of the property;

c.

The tree is causing substantial structural or infrastructural damage, to be determined by a qualified professional and/or arborist. The applicant must demonstrate that alternative remedies such as root barriers or trimming are not feasible.

(2)

Encroachment under a grand tree will be allowed only to the extent provided by this section.

(3)

Grand trees on existing developed properties may be exempt from the per DBH-inch fee removal requirements if the tree is in advanced stages of decline, as determined by a certified arborist, or is causing significant structural damage as determined by a professional engineer, or as approved for removal under subsection (c) above.

(4)

Grand trees that are successfully preserved per section 9.272(f) may have their DBH-inches credited toward pending tree removal fees for other trees to be removed on the same site.

(h)

Penalty for removal.

(1)

When a tree removal permit is required, as determined by the engineering department, any time that tree is removed without a permit, the code compliance division may cite the owner or developer of the property from which the tree was removed, and the person removing the tree, for a violation of this section 9.272(i)(1), for illegal tree removal.

Each day that the property is not in compliance with this code provision shall be deemed to be a separate offense and violation hereof, and destruction of a tree without a required permit shall be considered to be an irreversible and irreparable violation of this code. Alleged violators may be prosecuted before the code enforcement board, or as otherwise provided in this code or by law.

(2)

Regardless of any action that may be taken by the code enforcement board, the property owner on whose property the tree was removed shall provide replacement trees of the same type and size as the one destroyed. If it is not possible to replace the tree with those of exact size and variety, the following replacement requirements shall apply:

a.

A "native" list tree must be replaced with a "native" list tree.

b.

A "non-native" list tree may be replaced with a "native" or "non-native" list tree.

c.

A "palm" list tree may be replaced with a "native", "non-native" or "palm" list tree.

d.

Each illegally removed tree must be replaced with a tree or trees of a cumulative trunk diameter equal to or greater than, the sum in inches for each inch of tree removed.

e.

Replacement trees shall be no less than 12 feet high.

(3)

Until the illegally destroyed or removed trees are replaced on the site, no certificate of occupancy or completion, if applicable, shall be issued by the city.

(i)

Native tree replacement fund.

(1)

The community development director is hereby authorized to administer a native tree replacement fund which consists of monies collected as payment in lieu of planting or preserving all or any trees on newly developed or redeveloped properties. The engineering department is hereby authorized and directed to collect the monies for payment of the native tree replacement fund. Thus, an applicant shall pay a sum determined by multiplying the required number of regulation size trees, which they wish to be excused from preserving or planting on site times the native tree replacement fee. Said fee shall be established by resolution of the city council.

(2)

The native replacement tree fund monies shall be used for the acquisition and installation of native trees on public properties throughout the city.

(3)

The owner or developer of a development site, either residential or non-residential, may be eligible to make a per tree cash payment to the city in lieu of the total or partial number of required trees on site prior to final inspection.

(4)

At least one of the following conditions shall exist to request a payment in lieu:

a.

The parcel has a zoning designation of C3 (may request 100 percent of required trees).

b.

The parcel is being developed as an individual one-, two- or three-family lot and is less than one acre in size.

c.

The parcel has site constraints, either natural or man-made, which makes required tree installation extremely difficult.

(j)

Hazardous trees and landscaping; removal; effect of non-removal. The code compliance division may require the removal of any tree which is or will become unsafe and constitutes a hazard to the safety of the public. It shall be unlawful for any owner to fail to remove any tree that constitutes a hazard after 48 hours from the time of notice by the code compliance division requesting the removal of such tree, unless within that time, the owner shall have filed with the code compliance division notice of his intention to appeal his decision to the zoning board of adjustment. In the event the tree remains more than 48 hours after notice to remove the tree has been given, the city may remove the tree or have said tree removed on behalf of the owner and charge the cost of removing said tree or having said tree removed to the owner unless the matter is pending on appeal to the zoning board of adjustment or unless the decision by the code compliance division has been reversed by the zoning board of adjustment or refer this matter to the code enforcement board.

In the event the city is compelled to remove the hazardous tree and the owner shall fail to pay to the city within 30 days the cost of providing said removal service; the city shall have and is hereby granted a lien for the costs expended, including a reasonable attorney's fee, against the premises. The lien shall be effective from and after recording a claim of lien in the public records of the county, stating the legal description of the premises, the name of record owner, the amount due and the due date. The city may bring an action in its name to foreclose the lien in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid removal costs and a reasonable attorney's fee without waiving any claim of lien. If such a lien is filed and the city receives all amounts due hereunder, the city shall deliver a release of such a lien in recordable form to owner.

(Ord. No. 2025-19, § 2, 4-8-2025)

The provisions of this section shall apply to all future development and redevelopment of property within the city and shall be the minimum requirements to promote the public health, safety and general welfare by providing for installation and maintenance of certain landscaped areas; to protect the character and stability of residential, business, institutional and industrial areas, and to conserve the value of land and buildings on surrounding properties and neighborhoods.

(a)

Applicability.

(1)

No application for a building permit for a new, enlarged or altered structure or improvement or use shall be approved unless accompanied by a landscaping plan. Nor shall a permit be issued for the improvements of a parking area to serve as an accessory use to an existing building or buildings until a landscaping plan has been approved in accordance with the provisions herein set forth. Prior to approval, the landscaping plan will be reviewed by staff in order to ensure that all requirements have been met.

(2)

For the purposes of this section, all residential properties consisting of four or more units on a single parcel shall be considered multifamily properties, regardless of ownership, and are subject to the provisions of this section.

(3)

The provisions of this section shall not be construed as prohibiting additional trees, plant material, screening, or buffering beyond that which is required by this section or to prohibit the improvement of landscape buffers existing on the effective date of this section.

(b)

Landscaping plan.

(1)

Florida-friendly landscaping design principles shall be employed in all landscape plans, and the use of drought tolerant plant material are highly encouraged. Existing indigenous plant material is encouraged to be retained whenever possible, and credit will be allowed for retention of viable plant material on the site.

(2)

The landscape plan must be approved prior to the issuance of any associated building permit.

(3)

For development requiring site plan approval, the landscape plan must be submitted with, or prior to, the application for preliminary construction approval and must be approved prior to final construction plan approval.

(4)

Landscape plans shall:

a.

Be drawn to scale at no less than one inch equals 50 feet; include all dimensions, distances, and acreage;

b.

Show the square footage and location of the existing and proposed parking spaces, specialized vehicular use areas, access aisles, and driveways;

c.

Indicate all utility and drainage easements, existing and proposed underground and overhead utility lines, buildings, dumpster locations, ground signs, structures, stormwater retention and detention areas, and similar features;

d.

Indicate all abutting rights-of-way;

e.

Identify and describe the location and characteristics of all landscape materials to be installed according to species, variety, quality, quantity, size, and spacing including the square footage and dimensions of all planters and landscape islands; describe the provision of sod;

f.

Identify all landscape features, including areas of vegetation required to be preserved, in context with the location of existing and proposed buildings and other improvements on the site;

g.

Indicate in table format the site calculations indicating how all requirements of this section will be met, including: the number, species, and caliper of trees to be planted, preserved, and/or removed.

h.

Development site characteristics such as the number of parking spaces, and the square footage of interior landscaping;

i.

Show all measures taken to protect landscape elements and prevent damage from vehicles, including curbing, edging, raised planting surfaces, and other protective measures;

j.

Indicate proposed grades changes if existing vegetation is to be retained within the landscape/parking areas.

k.

Graphically show sight triangles, per section 9.271, definitions, for all visibility at road intersections and drives. All sight triangles shall be approved by the engineering department.

l.

Provide a separate irrigation plan indicating the type, location and features of the irrigation system for the required landscaping.

m.

All irrigation shall be in compliance with sections 58-160 through 58-169 and sections 58-360 through 58-367 of this code, as applicable.

(c)

Landscaping design standards.

(1)

Commercial, mixed-use, multifamily, institutional and industrial zoning/uses.

a.

Generally. For all required landscape plans, the total make-up of all trees shall be no less than 50 percent native, and no more than 25 percent palms, with the exception of existing palms to be protected and remain in place.

b.

For all commercial, mixed-use, multifamily, institutional and industrial zoning/uses, the first step in developing a code compliant landscape design is to plan for the perimeter of the site; this is without regard to the amount of parking or "interior landscaping" that will subsequently be required. The perimeter requirement is as follows:

1.

Perimeter plantings. One "native" list tree, or two "non-native" list trees or no more than 25 percent of "palm" list trees, or a combination thereof, shall be provided for each 50 linear feet or fraction thereof (rounded-up) of lot perimeter (including drive ways/aisles). All trees can be found in section 9.274(B), list of approved tree species.

i.

This does not mean that the trees be installed at 50-foot spacing; clustering of trees is allowed, as appropriate, for each tree species used.

ii.

These trees are to be installed in various locations and spacings along the lot perimeter of the parcel as necessary, to meet the requirements of this section, and to ensure adequate buffering of public rights-of-way and adjacent properties while using sound landscape design and horticultural principles.

iii.

While all preserved C (palm) List trees may be counted toward a development's tree requirements, no more than 25 percent of the total required number of trees can be met using installed C (palm) List trees.

2.

Species diversity. When more than ten trees are required to be planted in accordance with the provisions of this section, a diversity of species shall be planted as provided in Table 2, so as to prevent monocultures, and to avoid noticeable gaps when one tree dies or is damaged. No individual species shall comprise more than 60 percent of the tree species mix. This subsection does not apply to areas of existing vegetation that had been preserved in its natural state. A greater diversity may be used, if desired.

Table 2: Tree Species Diversity

3.

Overhead utilities and tree installation guidelines. When planning for perimeter tree installation, be aware of the presence of overhead power lines and utility poles. In the presence of power lines and utility poles, applicants are encouraged to utilize the following:

i.

Trees that mature to a height of 20 feet or less should be planted at least ten feet away from telephone or utility lines.

ii.

Trees that grow 20 feet to 40 feet tall should be planted 25 feet to 35 feet away from telephone or utility lines.

iii.

Anything taller than 40 feet should be planted 45 feet to 60 feet away from utility lines.

iv.

A list of acceptable trees for tree planting near power lines is set forth below in Table 3.

Table 3: Tree Species Recommended for Power Line Planting

c.

Landscape buffering adjacent to public rights-of-way.

1.

In all zoning districts except C-P, a landscaped area equivalent to 15 feet in width, times the length of the frontage shall be provided between the abutting rights-of-way and the vehicular use or parking lot area.

i.

This area may vary in width to accommodate plantings but shall not be less than five feet in width.

ii.

The landscaped area is to be part of the developed private property and shall not include any public property or street right-of-way.

iii.

A continuous hedge not less than two feet in height or greater than three feet in height shall be planted in this landscape buffer area.

iv.

This buffer area may include multi-story plantings to create a planting buffer, not just a linear hedge.

2.

In the C-P zoning district, the front landscape area may vary in width, but shall be no less than ten feet in width and equivalent to 20 feet in width, times the length of the frontage in the area between the rights-of-way and the vehicular use or parking lot area.

3.

That portion of any public right-of-way which abuts property regulated by this subsection must be sodded or provided with other acceptable and permittable vegetative practices by the owner or the applicant up to the back of the curb or edge of the pavement, whichever is applicable.

4.

Landscaping ground signs. All ground signs located adjacent to public right-of-way, shall also be landscaped with unique landscape treatment which may include but not be limited to flowers, shrubs, and other plantings.

5.

Pre-existing landscapes. Landscaped areas with a depth of ten feet approved prior to May 1, 2003 shall not be considered to be nonconforming.

d.

Landscape buffering for adjacent properties.

1.

Off-street parking or other vehicular use areas which are not entirely screened from the non-residential abutting property by an intervening building or structure shall be provided with one of the following:

i.

A landscape buffer which consists of plant material, such as trees and shrubs. The shrubs shall not be less than two feet in height at time of installation, and able to attain a height of three feet, and form a continuous unbroken hedge at maturity. The landscape buffer area shall be no less than five feet wide; or

ii.

A buffer area not less than five feet wide and includes a solid fence or wall, not less than three feet in height is required in accordance with appendix D, chapter 9, article III.

iii.

In buffer areas with less than five feet between the property line and the vehicle use area, a solid fence or wall greater than three feet tall, shall be required in accordance with appendix D, chapter 9, article III.

2.

For the protection of residential environs, all multifamily, non-residential, and mixed-use developments that are not subject to formal site plan approval, shall provide a visual screen within their yard setbacks abutting single, two- or three-family residential uses and zoning districts. The following shall apply:

i.

The required landscape buffer width shall use the applicable yard requirements of the adjacent residential property, at the abutting property line; and

ii.

The buffer area between the adjacent residential property and any pavement shall be seven and one-half feet for side yards, and ten feet for rear yards of the subject property; and

iii.

A required visual screen per appendix D, chapter 9, article III.

3.

For all multifamily, non-residential, and mixed-use developments, subject to formal site plan approval, the applicant shall provide a visual screen within their yard setbacks abutting single, two- or three-family residential uses and zoning districts.

i.

The visual screen per appendix D, chapter 9, article III; and

ii.

A landscaped buffer area no less than 50 linear feet wide shall be provided adjacent to the established single-family residential lots.

iii.

Within this landscape buffer, 50 percent of the required stormwater retention may be included, with the remainder consisting of plant material such as trees and shrubs, including existing native, non-noxious, vegetation. Any new shrubs shall not be less than two feet in height at time of installation, and able to attain a height of three feet, and form a continuous unbroken hedge at maturity. This area will be considered and designed in coordination with the community development department during the formal site plan approval process.

e.

Landscaping for interior parking areas.

1.

Off-street parking areas shall have a minimum of 50 square feet of interior landscaping provided for each parking space, excluding those parking spaces abutting the perimeter buffer.

2.

Interior landscape areas shall include all the landscaped areas which are not adjacent to a right-of-way, and not adjacent to other property.

3.

Landscaping between a building and the parking lot which is not required by another part of the land development regulations may be credited for up to 25 percent of the interior landscaping.

4.

Such interior landscape island shall maintain the following standards:

i.

Each single landscaped island shall contain at least one tree, with the remaining area landscaped with shrubs, ground cover, sod or other landscape treatment. Pavement and sand are not considered approved landscape treatment.

ii.

For overstory trees the root zone area shall be a minimum of 216 square feet of soil surface area per tree. The islands shall be no less than 12 feet in width, as measured from back of curb.

iii.

For understory trees the root zone area shall be a minimum of 144 square feet of soil surface area. The island shall be no less than eight feet in width, as measured from back of curb.

iv.

For palm trees the root zone area shall be a minimum of 90 square feet of soil surface area. The islands shall be no less than five feet in width, as measured from back of curb.

v.

Each separate landscaped area shall be located in such a manner as to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction.

5.

All off-street parking lots containing six or more parking spaces (except in the CBOZ) shall comply with the following:

i.

All rows of parking shall have a terminal island placed at each end with a minimum of one tree, and shall be fully planted with shrubs or groundcover. Each island shall be measured from back of curb to back of curb. Larger islands are recommended, especially where overstory trees are provided. Adequate island size is important for tree growth and for prevention of root damage to surrounding pavement.

ii.

Each terminal island shall extend the entire length of the single or double row of parking spaces bordered by a curbing. A double row shall contain two trees.

iii.

A minimum of 50 percent of terminal islands shall use overstory trees, and no more than ten percent of terminal island trees shall use palms, unless preserved palms.

iv.

For overstory trees the root zone area shall be a minimum of 216 square feet of soil surface area per tree. The islands shall be no less than 12 feet in width, as measured from back of curb.

v.

For understory trees the root zone area shall be a minimum of 144 square feet of soil surface area. The island shall be no less than eight feet in width, as measured from back of curb.

vi.

For palm trees the root zone area shall be a minimum of 90 square feet of soil surface area. The islands shall be no less than five feet in width, as measured from back of curb.

vii.

Dimensions, from back of curbing, or square foot of these islands shall be indicated on the plan.

viii.

All landscaped areas and sidewalks shall be protected from vehicular encroachment by the use of curbing.

f.

Special parking lot landscape considerations.

1.

Six rows or more of parking. Whenever an off-street parking area is designed to provide parking of vehicles in six rows or more, interior landscaped curbed areas shall be provided the length of the parking rows to prevent cross traffic flow and traffic hazards. Such planted landscaping between rows shall be not less than eight feet in width measured back of curb to back of curb.

2.

Landscaping bonus for nine-foot-wide spaces. Also, for each nine-foot space provided, an additional 20 square feet of additional landscaping must be provided within the parking area.

3.

Retrofitting parking spaces. In all cases, a permit to retrofit shall be submitted to the community development department, along with a striping plan and a landscaping plan to scale, and prepared by an engineer, architect, landscape architect/designer or other development professional, identifying the existing and proposed parking layout. Consideration of Americans with Disabilities Act requirements shall be made and the installation and maintenance of the minimum required landscaping that was approved at the original time of development shall be reviewed.

4.

Excess parking provision. Developments where greater than 125 percent of the minimum required parking spaces are provided shall provide an additional landscaped area for each parking space over 125 percent.

g.

Additional landscape requirement and considerations.

1.

Solid waste receptacles. In addition to the screening requirements as provided in section 9.22, receptacle pads must be effectively buffered along the perimeter of the screen by planting a continuous hedge. The continuous hedge shall immediately abut the exterior of the screen required above, be located along the rear and both sides, and shall meet the landscaping requirements of chapter 9 of this code. This shall not be required for those receptacles located at the rear of a property where other buffering blocks the screened pad from view from public rights-of-way and/or adjoining properties.

2.

Landscaping for fences and walls. Any opaque fence or wall located in the front yard of multiple family, commercial, professional or industrial uses shall be landscaped according to the following standards:

i.

One shrub shall be planted for each five linear feet of fence or wall and one tree per 50 linear feet of fence or wall. Shrubs shall be on the exterior side of any opaque fence or wall.

ii.

Shrubs shall be from an acceptable species type as set forth in section 9.274(a)(5).

iii.

These standards shall not be construed to require landscaping in addition to the landscape requirements per this section, unless such landscaping does not already exist on the exterior side of the fence or wall facing a street or right-of-way.

3.

Special buffers for residential subdivisions. Where a residential subdivision borders on or contains a collector or an arterial street, an opaque buffer screen of decorative masonry or a landscaped berm with plant materials shall be required in the design.

i.

Such buffers shall be provided via an easement in favor of the homeowners' or property owners' association on the platted lots or within a tract to be owned and maintained by the homeowners' or property owners' association.

ii.

The buffer easement/tract width shall be a minimum of ten feet wide and shall contain at minimum, a six-foot-tall masonry wall, or a six-foot-tall opaque fence with masonry columns no greater than 36 feet apart; or a berm with hedge material and trees to create a minimum six-foot-tall visual buffer. Use of a fence/wall must comply with appendix D, chapter 9, article III. When an easement is provided, the area of the easement shall be considered the side or rear yard, where applicable.

4.

Landscaping requirements for specific uses. The following uses, whether permitted by right or through conditional use, have additional landscape requirements to ensure mitigation of any potential adverse impacts on properties and land uses within the immediate vicinity. Consult appendix B, article VI, section 2, for the specific landscape requirements for the following uses:

i.

Car wash establishments;

ii.

Convenience stores with gas pumps/gas stations;

iii.

Day shelter;

iv.

Public utility service facilities;

v.

Recycling facility;

vi.

Service, vehicle;

vii.

Service, major vehicle;

viii.

Soup kitchen;

ix.

Transitional homeless shelter;

x.

Vehicle impounding yard;

xi.

Vehicle sales and rentals;

xii.

Affordable housing (per appendix B, article VI, section 4);

xiii.

Towers and telecommunications facilities (per appendix D, chapter 9, article VI, section 9.96).

h.

Multifamily common areas.

1.

In lieu of planting perimeter trees as required by section 9.273(c)(1)a.1., 50 percent of those trees can be relocated and installed in the interior of the subdivision for common space plantings. Special attention to the entrance drive should be considered.

2.

This perimeter tree allowance does not extend to either the "landscaping for fences and walls" requirement, or the "special buffers for residential subdivisions" requirement in section 9.273(c)(1)g.

(2)

Minimum landscaping for newly developed or redeveloped one-, two- and three-family residential lots.

a.

For all one-, two-, three-family residential development regulated by this section, trees must be acquired by preserving or planting trees according to Table 4, below. A list of trees acceptable for the purpose of this section is provided in section 9.274(b), list of approved tree species.

b.

Residential lots must be either fully sodded or provided with a combination of sod and landscaping using live plant material. Florida-friendly landscaping is strongly encouraged. Landscaped areas shall comply with section 9.274.

c.

That portion of any public right-of-way which abuts any property regulated by this subsection must be sodded by the owner or the applicant up to the back of the curb or edge of the pavement, whichever is applicable, and maintained by the owner of the property adjacent to the rights-of-way.

Table 4: Trees for One-, Two-, Three- Family Residential Lots

(Ord. No. 2025-19, § 2, 4-8-2025)

(a)

Plant materials.

(1)

The total number of trees, shrubs, or other vegetation required for any development may be, but is not limited to, the species listed in this section.

a.

Existing trees of sufficient size and quality remaining and preserved on-site per section 9.272(f) may count toward tree requirements.

b.

Relocated trees shall be managed in such a way to enhance chances for survival including relocating trees during the dormant season, placing in areas of proper soil preparation and drainage, proper pruning and sufficient irrigation.

(2)

All trees must have a minimum diameter of two inches measured at six inches above existing grade, have a minimum height of ten feet at installation and be listed on the list of approved tree species, as identified herein, or section 9.274(a)(5). Trees not on the list of approved trees may be counted for credit at the discretion of the city.

(3)

All palms used to meet tree requirements must have a minimum overall height of ten feet, and have a minimum of six feet of clear trunk.

a.

While all preserved native palms may be counted toward a development's tree requirements, no more than 25 percent of the total required number of trees can be met using installed native or non-native palms. Preserved, non-native palms also count for 25 percent of the total tree count.

(4)

Shrubs and hedges used for perimeter and buffer landscaping must be a minimum 24 inches in height upon installation, be spaced 18 inches to 36 inches on center, as determined by plant type, and be capable of reaching at least 36 inches upon maturity.

(5)

For landscaping purposes, trees and shrubs found in the most recent edition of the "Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design", produced by the University of Florida/IFAS may be permitted.

(6)

All plants, except transplanted plants, shall meet or exceed the quality standards for Florida No. 1 as provided by Grades and Standards for Nursery Plants, Parts I and II, most recent edition, State of Florida, Department of Agriculture, Tallahassee.

(b)

Plant species.

Native List - Approved Overstory Tree Species

Native List - Approved Understory Tree Species

Non-native List - Approved Overstory Tree Species

Non-native List - Approved Understory Tree Species

Palm List - Approved Palm Species

(c)

Planting standards.

(1)

All landscaping shall be installed in conformance with the landscape plan approved by the city or the site plan's final approval.

(2)

The property owner shall be responsible for installing all trees in a sound, professional manner and in accordance with accepted good horticultural techniques.

(3)

It shall be unlawful practice for any person, firm or agency to "top" or allow to be "topped", or severely prune, so as to appear stunted, any tree, regardless of development approval date.

a.

All tree pruning shall be conducted according to the most recent edition of the National Arborist Association standards, which are hereby incorporated by this reference.

b.

Trees severely damaged by storms or other causes, or certain trees under utility lines or other obstructions where other pruning practices are impractical may be exempted from this section.

(d)

Landscaping maintenance standards and responsibilities.

(1)

Landscaping shall be maintained in a manner so as to not obstruct the visibility of automobiles at intersections, or at points of ingress and egress to the public right-of-way.

(2)

All landscaping required under the provisions of this chapter shall be maintained by the owner in a viable, neat and orderly condition for perpetuity.

(3)

Plantings, fences, walls, berms and irrigation systems required by this section must be maintained in good repair. Landscape and buffer areas must be kept free of weeds, litter, and debris.

(4)

For properties developed for commercial, multifamily, institutional or industrial land uses each landscaped area shall be provided with an automatic irrigation system equipped with a rain sensor device.

a.

This requirement may be waived by the community development department where determined it would not be needed or feasible due to the size, shape or location of the area to be irrigated.

b.

Any residential land use equipped with an automatic irrigation system shall be equipped with a rain sensor device.

c.

Irrigation system permits shall be obtained prior to installation.

(5)

Visual clearance at corners, curb cuts, and railroad crossings. Notwithstanding any part of this article or any permit granted, or any variance granted by the zoning board of adjustment, no type of structure, vehicle, tree, planting, vegetation, sign, fence, or any other type of obstacle or any portion thereof shall be placed or retained in such manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings.

(6)

All trees preserved or planted per this section shall remain preserved in perpetuity unless they are lawfully removed, or are dead or severely damaged to cause liability.

(7)

Any tree regulated by this section that dies, sustains major damage, or contracts a disease, such that it's restoration to a sound condition is impractical, must be replaced by a tree of comparable size and type or a combination of trees having an equal number of tree points.

(8)

Any tree regulated by this section and located on an improved site, that is also allowed to be removed per section 9.272, shall have the stump removed or ground down to a point to allow for the installation of a suitable replacement tree.

(9)

All fertilizer applications to any landscape plant, trees or turf must be done consistent with section 50-109 through 50-125 of this Code.

(10)

The management of grass clippings and vegetative debris must be done consistent with section 50-118 of this Code.

(11)

All removal of garden and yard trash, and tree and shrubbery trimmings, must be done consistent with 48-30 of this Code.

(12)

Private landscape and tree contractors performing services shall be responsible for moving all debris generated in the performance of their work.

(Ord. No. 2025-19, § 2, 4-8-2025)

Upon submittal of a request to develop or redevelop commercial, multifamily residential (greater than three units), industrial, or institutional zoned properties, all invasive vegetative species (trees, shrubs, vines and ground cover) shall be removed. No permit shall be required to remove such species listed in section 9.272(b)(1). After the issuance of a certificate of occupancy or certificate of completion on other than single, two- or three-family lots or parcels, re-growth of invasive vegetation shall be controlled by prohibiting the re-growth of such species in perpetuity.

(Ord. No. 2025-19, § 2, 4-8-2025)

Appeals from the decision of the community development department regarding the interpretation of any portion of the provisions of this chapter may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected thereby, to the zoning board of adjustment. Such appeal shall be taken within a reasonable time not to exceed 60 days or such lesser period as may be provided by the rules of the zoning board of adjustment, by filing with the community development department and with the zoning board of adjustment a notice of appeal specifying the grounds thereof. The community development department shall forthwith transmit to the zoning board of adjustment all papers constituting the record upon which the action appealed from was taken. The zoning board of adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof at least 15 days in advance of public hearing as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Ord. No. 2025-19, § 2, 4-8-2025)

Whenever a person is engaged in any tree removal, land-disturbing activity or deficient in landscaping requirements resulting in violation of this chapter, the offender shall be referred to the code enforcement board for disposition. Upon finding a violation, all work may be terminated pending a decision of the code enforcement board.

(Ord. No. 2025-19, § 2, 4-8-2025)

The purpose of this article is to provide protective and corrective regulations to protect soil from erosion for soil conservation and to ensure the integrity of drainageways and watercourses to maintain water quality. This article shall supersede Brevard County Ordinance No. 02-26, as amended or superseded from time to time, and Brevard County Ordinance No. 02-26, as amended or superseded from time to time, shall not be effective within the corporate limits of the city.

It is the intent of this article to promote community natural resources and to assist in the natural control of soil conservation, control or reduce flooding, conserve water and enhance aquifer recharge areas and reduce water and air pollution, while protecting and enhancing vegetation.

(Ord. No. 2003-23, § 3, 4-22-2003)

For the purpose of this article, the following terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present term include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Terms listed in sec. 9.271 may also apply to this article.

Erosion and sedimentation control permit. A permit issued by the code compliance division based on an approved erosion and sedimentation control ESC plan in conjunction with development permit or redevelopment approval.

Filling (fill). The placement of any soil or other solid material either organic or inorganic on a natural ground surface or an excavation in an effort to change the existing grade or recompose the soil.

Finished grade. The final grade or elevation of the ground surface forming the proposed design.

Land-disturbing activity. Any land change which may result in soil erosion from water or wind; including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land and for which a ESC permit is required.

Sediment. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice or gravity as a product of erosion.

Slope. Degree of deviation of a surface from the horizontal usually expressed in ratio of horizontal to vertical dimension.

Stabilization. The process of establishing an enduring soil cover of vegetation and/or mulch or other ground cover and/or a combination when installing temporary or permanent structures for the purpose of reducing to a minimum the transport of sediment by wind, water or gravity.

Structural practices. Soil and water conservation measures other than vegetation, utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss; including, but not limited to open sediment basins, dikes, level spreaders, waterways or outlet diversions, grade stabilization structures, sediment traps, land grading, etc.

Unacceptable filling (fill). Any material from another site other than excavated earth. Any material prohibited as fill material by state or county regulations.

Watercourses. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows either continuously or intermittently and which has a defined channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow of flood water.

(Ord. No. 2003-23, § 2, 4-22-2003)

(a)

Scope and exclusions. This section shall apply to any land-disturbing activity undertaken by any person on any lands, except for the following:

(1)

Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, maintenance work, or other related activities which result in minor soil erosion, except those affecting drainage easements.

(2)

The construction of single-family residences, which have building permits, when they are constructed by or under contract with the owner for his own occupancy.

(b)

Procedure for permitting land-disturbing activity.

(1)

No person shall perform any land-disturbing activity without first obtaining an erosion and sedimentation control permit from the code compliance division after certification by the city engineer to perform such activity. Such permit shall be in addition to any other permits or approvals required for the project by any other ordinances, rules and regulations in effect.

(2)

Application for an ESC permit must be made to the city engineer on an application form provided by the city, and must be accompanied by an erosion and sedimentation control plan. The applicant's erosion and sedimentation control plan shall include, as a minimum, the following information for the entire tract of land to be disturbed regardless of whether the tract will be developed in stages:

a.

A narrative description of the overall project. This narrative shall include:

1.

Anticipated starting and completion dates for each sequence and stage of land disturbing activities and the expected date the final stabilization will be completed;

2.

A description of the sediment control program and sediment control practices;

3.

An adequate description of general topographical and soil conditions of the tract;

4.

A description of the zoning classification and uses of adjacent property and a general description of existing structures, building and other fixed improvements located within a perimeter of 200 feet of the boundary line of applicant's property;

5.

A description of the maintenance program for sediment control facilities including inspection programs, revegetation of exposed soils, method and frequency of removal and disposal of solid waste material removed from control facilities and disposition of temporary structural measures;

6.

The type of soil or material to be used for filling, if applicable.

b.

Maps, drawings and supportive computations bearing the signature and seal of a licensed engineer and containing:

1.

A site location drawing of the proposed project indicating the location of the proposed project in relation to jurisdictional boundaries of roadways and watercourses.

2.

A boundary line survey of the site on which the work is to be performed.

3.

A plan for temporary and permanent vegetative and structural erosion and sediment control measures.

(3)

Approval of an ESC plan and issuance of permits.

a.

The city engineer or his designee shall certify the erosion and sedimentation control plan upon finding that the requirements of this section have been met.

b.

If the tract is to be developed in phases, then the code compliance division after certification by the city engineer may issue a separate permit for a master plan or for each phase.

c.

The permit may be suspended or modified by the city engineer or his designee upon a finding that the holder is not in compliance with this section or has violated any of the provisions or conditions of the permit.

d.

No building permit shall be issued until a required ESC permit certifying approval of the erosion and sedimentation control plan is obtained in accordance with this section.

(c)

Principles and standards.

(1)

Implementation. Soil erosion and sediment control measures shall conform to the standards and specifications of this chapter. The application of measures shall apply to all features of the site, including street and utility installations, drainage facilities, watercourses, and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sediment pollution during all stages of any land-disturbing activity.

(2)

General design principles. Practical combinations of the following principles shall be utilized as a minimum, in planning measures to be installed for any land-disturbing activity:

a.

The land-disturbing activity shall conform to existing topography and soil type so as to create the lowest practical erosion potential.

b.

Land-disturbing activities shall be conducted in a manner minimizing erosion.

c.

The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum.

d.

Erosion control must be strictly maintained during cut and fill operations.

e.

Disturbed soil shall be stabilized as quickly as practicable or as directed.

f.

Whenever feasible, natural vegetation shall be retained, protected and supplemented.

g.

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.

h.

Permanent vegetation and structural erosion control measures shall be installed as soon as practicable.

i.

Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills.

j.

To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps or similar measures until the disturbed area is stabilized.

k.

Cuts and fills must be constructed in such a manner that erosion and runoff from the site does not endanger adjoining property.

l.

Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners without adequate provisions for an equivalent alternate system with a positive outfall.

m.

Rights-of-way, including streets and sidewalks or pedways, and drainage ways, or watercourses shall be kept clear of all debris/dirt, etc.

n.

Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible and provided in any case, that such crossings are kept to a minimum, and sedimentation control devices are provided.

(d)

Maintenance. Maintenance of all soil erosion and sedimentation control practices whether temporary or permanent, shall be at all times the responsibility of the owner.

(Ord. No. 2003-23, § 2, 4-22-2003)

Intent and applicability. It is the intent of this section to provide standards for the placement of bus benches in the public right-of-way for the convenience of the traveling public in a manner that is aesthetically pleasing while protecting the public heath, welfare and safety.

Standards for bus benches in the public right-of-way:

(a)

Bus benches may only be placed by a governmental agency.

(b)

Bus benches may not include any advertising.

(c)

Bus benches may only be placed at or near bus stops.

(d)

Bus benches may not be placed in the City of Melbourne without first obtaining a permit from the code compliance division. There shall be no charge for the permit.

(e)

Bus benches must be placed in such a way that they do not impair vision or block access for motorists, bicyclists, or pedestrians.

(f)

Bus benches must be placed in such a way that they do not interfere with handicapped access.

(g)

Maintenance of bus benches shall be the responsibility of the government agency requesting a permit for placement.

(h)

The use of bus benches in the public right-of-way must conform to the requirements of F.S. § 337.408.

(Ord. No. 2000-44, § 2, 7-11-2000)

(a)

The purpose and intent of this article is to implement the program established by F.S. § 509.233, by permitting certain public food service establishments, classified as restaurants under this code, within the city subject to the terms and contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida, Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs to be within certain designated outdoor portions of their respective establishments.

(b)

Pursuant to F.S. § 509.233(1), there is hereby created in the city a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida, Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments, classified as restaurants under this code, which exemption procedure maybe known as the "City of Melbourne Dog Friendly Dining Program."

(Code 1984, § 5-51; Ord. No. 2007-99, § 1, 1-8-2008)

State Law reference— Authority to adopt local exemption for dogs in designated outdoor portions of food service establishments, F.S. § 509.233(1).

As used in this article, the following terms shall be defined as set forth herein unless the context clearly indicates or requires a different meaning:

Division means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.

Dog means an animal of the subspecies Canis lupus familiars.

Outdoor area means an area adjacent to a restaurant that is predominantly or totally free of any physical barrier on all sides and above.

Patron has the meaning given to "guest" as set forth in F.S. § 509.013.

Public food service establishment, as permitted in this code, and for the limited purposes of this article shall refer only to a "public food service establishment" as defined in F.S. § 509.013.

(Code 1984, § 5-52; Ord. No. 2007-99, § 1, 1-8-2008)

(a)

In order to protect the health, safety, and general welfare of the public, a restaurant is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this article, or unless otherwise permitted pursuant to Florida Statutes.

(b)

Applications for a permit under this article shall be made to the financial services director, on a form provided for such purpose by the director of finance, and shall include, along with any other such information deemed reasonably necessary by the financial services director in order to implement and enforce the provisions of this article, the following:

(1)

The name, location, and mailing address of the subject public food service establishment;

(2)

The name, mailing location, and telephone contact information of the permit applicant;

(3)

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the financial services director. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional;

(4)

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area; and

(5)

All application materials shall contain the appropriate division-issued license number for the subject public food service establishment.

(c)

The city council may from time to time adopt a reasonable fee by resolution, said fee to cover the cost of processing the initial application, permitting, inspections, renewals, and enforcement.

(Code 1984, § 5-53; Ord. No. 2007-99, § 1, 1-8-2008)

State Law reference— Application requirements, F.S. § 509.233(3).

(a)

In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233(3)(c), all permits issued pursuant to this article are subject to the following requirements:

(1)

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment;

(2)

Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. A waterless hand sanitizer shall he provided at all tables in the designated outdoor area;

(3)

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations;

(4)

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control;

(5)

Dogs shall not be allowed on chairs, tables, or other furnishings;

(6)

All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons;

(7)

Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the materials for this purpose shall be kept near the designated outdoor area;

(8)

At least one sign reminding employees of the applicable rules including those contained in this part, and those additional rules and regulations, if any, included as further conditions of the permit issued by the director of financial services, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than 8.5 inches in width and 11 inches in height and printed in easily legible typeface of not less than 20-point font size. The sign provided for in this sub-paragraph (8) shall be in addition to the signs required by subparagraphs (9) and (10);

(9)

At least one sign reminding patrons of the applicable rules, including those contained in this part, and those additional rules and regulations, if any, included as further conditions of the permit issued by the financial services director pursuant to this article, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than 8.5 inches in width and 11 inches in height and printed in easily legible typeface of not less than 20-point font size. The sign provided for in this subparagraph (9) shall be in addition to the signs required by subparagraphs (8) and (10);

(10)

At all times while the designated outdoor portion of the restaurant is available to patrons and their dogs, at least one sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the restaurant is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than 8.5 inches in width and 11 inches in height and printed in easily legible typeface of not less than 20-point font size. The sign provided for in this subparagraph (10) shall be in addition to the signs required by sub-paragraphs (8) and (9);

(11)

Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.

(b)

A permit issued pursuant to this article shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this article, if such owner wishes to continue to accommodate patrons' dogs. Permits shall expire on September 30 of each year.

(Code 1984, § 5-54; Ord. No. 2007-99, § 1, 1-8-2008)

(a)

In accordance with F.S. § 509.233(5), the code compliance director shall accept and document complaints related to the dog friendly dining program within the city, and shall timely report to the division all such complaints and the city's enforcement response to such complaint. The code compliance director shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this article.

(b)

Any public food service establishment that fails to comply with the requirements of this article shall be guilty of violating this article and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the City Code and general law. Each day a violation exists shall constitute a distinct and separate offense.

(Code 1984, § 5-55; Ord. No. 2007-99, § 1, 1-8-2008)

This chapter shall be known and may be cited as the "Sign Ordinance" of the city.

(Ord. No. 2009-34, § 2, 11-24-2009)

The purpose of this sign ordinance is to provide the minimum control of signs necessary to promote the health, safety, and general welfare of the citizens of Melbourne, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that would detract from the aesthetic appeal of the city and lead to economic decline and blight, by preventing signs from reaching such excessive size or numbers that they obscure one another to the detriment of the city, by ensuring good and attractive design that will strengthen the city's appearance and economic base, and by preserving the right of free speech and expression in the display of signs.

(Ord. No. 2009-34, § 2, 11-24-2009)

Anything in this sign ordinance to the contrary notwithstanding, any sign permitted by this ordinance may display a noncommercial message and all signs bearing a noncommercial message are deemed to be on-premises signs.

(Ord. No. 2009-34, § 2, 11-24-2009)

Unless otherwise clearly required by the context, the terms used in this chapter shall have the following meanings:

Act of God: A natural disaster outside human control or prevention, such as an earthquake, tsunami, hurricane, tornado, or volcanic eruption, for which a state of emergency is declared.

Administrator: The building official or the building official's authorized designee, who shall act as administrator of the provisions of this ordinance.

Aggregate sign area: The total available sign area of all sides or portions of a sign.

Animated sign: A sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign, or which flashes or alternates. An "animated" sign includes a "changeable copy" sign.

Balloon: A flexible, nonporous bag inflated with air or a gas.

Banner: A sign intended to be hung by being tethered, made of paper, plastic, or fabric of any kind.

Bench sign: A sign indelibly drawn, painted or printed upon a bench.

Building sign: A permanent sign displayed upon or attached to any part of the exterior of a building including, but not limited to, walls and windows.

Changeable copy sign: A sign with a fixed or changing display composed of a series of lights that may be changed through electrical or electronic means not more than once every eight seconds.

Community shopping center: A commercial development that has a total gross floor area of 200,000 square feet for all structures, a minimum of 15 individual units, and at least 1,500 linear feet of frontage on at least two arterial rights-of-way.

Construction sign: A sign erected on-premises under construction.

Copy: The letters, text or other graphics which compose the message displayed upon the sign surface area.

Directional sign: A ground or building sign located at the exit or entrance of a premises.

Exempt sign: A sign for which a permit is not required but which must, nonetheless, conform to the other terms and conditions of these regulations and the Florida Building Code requirements.

Flag: A sign made of a fabric type of material secured on one side from a flagpole such that the sign material hangs limply or drooping when not set in motion by the movement of air or a sign made of a fabric type of material secured from a flexible rod or pole.

Flagpole: A freestanding, ground-mounted, structure or a structure mounted to a building, or to the roof of a building and used for the sole purpose of displaying a flag.

Flashing: A pattern of changing light illumination where the sign illumination alternates suddenly between illuminated and non-illuminated.

Ground sign: A sign that is supported by one or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building.

Height of sign: The distance from the top of the sign structure to the ground elevation of the public right-of-way closest to the base of the sign.

Inflatable sign: An object or device that can be filled with air or gas and constructed so as to resemble a figure or object when inflated.

Institutional use: One or more contiguous acres under unified ownership which are developed as part of a unified plan and used predominately for religious, cultural, charitable, educational, hospital or governmental purposes.

Lightpole sign: A ground sign displayed on a lightpole in the public right-of-way which is supported at the top and bottom of the sign by brackets or other rigid supports.

Mural: A sign that is a painting or an artistic work composed of photographs or arrangements of color and that displays a commercial or noncommercial message, and relies solely on the side of the building for rigid structural support.

Nonconforming sign: A sign lawfully in existence within Melbourne on the date of adoption of this ordinance, which does not conform to the requirements of this code.

Off-premises sign: A sign relating in its subject matter to other than the premises on which it is located or to products, accommodations or activities available on premises other than the premises on which the sign is located. A sign bearing a noncommercial message shall be deemed to describe activities on the premises where the sign is located.

On-premises sign: A sign relating in its subject matter to the premises on which it is located or to products, accommodations or activities available on the premises where the sign is located. A sign bearing a noncommercial message is an on-premises sign.

Parapet: That part of an exterior wall, firewall, party wall, or structural wall that is entirely above the roof.

Pennant: A triangular shaped sign or series of signs made of paper, plastic or fabric of any kind intended to be hung by being tethered along its base.

Portable sign: Any sign which is not permanently affixed to a building, structure or the ground in accordance with requirements of the Florida Building Code and which may be moved readily from place to place; except that this definition shall not apply to signs painted directly on vehicles or signs displayed through, but not on, windows.

Premises: The lot or lots, plots, portions or parcels of land considered as a single development or activity, including, but not limited to, shopping centers, industrial parks, office parks and multi-use buildings.

Real estate sign: A ground or building sign erected on premises for sale, lease or exchange.

Rendition or render: A letter or order of determination by the administrator or the city board of adjustment is rendered when it is executed by or on behalf of the administrator or the board of adjustment, filed with the zoning administrator, and the recording secretary has recorded on the letter or order the date and time of its filing; provided, however, if the date and time of the recording secretary's filing of the letter or order is not recorded thereon the date of the execution of the letter or order shall be presumed to be the date it was actually filed in the records of zoning administrator.

Roof sign: A sign erected, constructed or maintained on the roof of any building.

Sign: Any writing, graphic or pictorial presentation, number, illustration, or decoration, flag, banner or pennant, figure or other device, including the sign structure and sign face area, which is used to announce, direct attention to, or otherwise make anything known, and which is visible from any public or private street, right-of-way, alley, or other public property. The term shall not be construed to include "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information, nor any grave marker, stained glass window, or manufacturer's mark or logo permanently affixed to a product or equipment.

Sign area: The entire area within the periphery of a regular geometric form, or combination of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but not including a sign structure that does not bear copy. The surface area of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater.

Sign structure: Structure which is designed specifically for the purpose of supporting a sign, or which has supported, or is capable of supporting, a sign. This definition shall include any decorative coves, braces, wires, support or components attached to or placed around the sign structure.

Snipe sign: Any sign which is attached in any way to a utility pole, tree, fence post, or any other similar object located on public or private property.

Subdivision sign: A ground or building sign erected at the entrance of a platted subdivision.

Temporary sign: A sign intended to be displayed before, during or after an event to which the sign relates, and which is scheduled to take place at a specific time and place.

Temporary noncommercial sign: A sign bearing a noncommercial message which is displayed before, during or after an event, to which the sign relates, and which is scheduled to take place at a specific time and place.

Tortious conduct: A wrongful act by a person (whether intentional, negligent, or criminal in nature) that causes harm or damage to property.

Unit: That part of a multi-occupancy complex housing one or more occupants or tenants.

Vehicle sign: Any sign displayed upon a vehicle where the principal purpose of the vehicle is not general transportation, but the display of the sign itself.

Window sign/service bay opening sign: A temporary sign which is painted on, attached to or visible through a window or a service bay opening. The display of merchandise is not a window sign or a service bay opening sign.

(Ord. No. 2009-34, § 2, 11-24-2009; Ord. No. 2012-36, § 1, 9-18-2012; Ord. No. 2014-18, § 2(11.04), 4-22-2014; Ord. No. 2016-10, § 2, 2-23-2016; Ord. No. 2016-61, § 3, 9-15-2016; Ord. No. 2017-40, § 2, 9-20-2017; Ord. No. 2020-38, § 2, 7-14-2020)

Any violation of the provisions of this chapter shall be subject to enforcement by the City Code enforcement board established pursuant to F.S. ch. 162, and as may otherwise be provided by law.

(Ord. No. 2009-34, § 2, 11-24-2009)

A.

Nothing contained in this ordinance shall be construed to relieve any person of the obligation to remove a sign which was required to be removed under prior law or ordinance.

B.

Any sign made nonconforming by this ordinance shall be considered a nonconforming sign subject to the limitations of this ordinance, except for signs subject to the provisions of F.S. § 70.20.

C.

A nonconforming sign may not be enlarged or altered in a way which increases its degree of nonconformity, but any sign or portion thereof may be altered to decrease its degree of nonconformity.

D.

A nonconforming sign shall not be structurally altered to prolong the life of the sign. Reasonable repair and maintenance of nonconforming signs, including change of copy, is permitted. Reasonable repair and maintenance means the work necessary to keep the sign, including the sign structure, in a good state of repair, but does not include replacement of materials in the sign structure. Reasonable repair does not include, among other things (i) any modification that changes the structure, or type of structure, such as conversion of a wooden sign structure to a metal sign structure, (ii) any modification, including the addition of embellishments, that changes the sign area or the height above ground level, (iii) any modification that enhances the visibility of the signs copy, or the period of time that the copy is visible, (iv) any modification that adds changeable faces, or (v) any modification that adds artificial lighting, or changes the existing lighting such that illumination is increased.

E.

Except as provided in paragraph F below, if a nonconforming sign is damaged or destroyed by any means to an extent of more than 50 percent of its value at the time of damage or destruction, it shall not be reconstructed or restored except in conformance with the sign ordinance. The value of a sign damaged or destroyed within the contemplation of this paragraph shall be:

1.

The value reflected on the personal property tax returns filed by the owner with the Brevard County Property Appraiser in the year immediately preceding the year in which the sign was damaged or destroyed, but if no such personal property tax return is on file with the Brevard County Property Appraiser then;

2.

The value reflected on the U.S. Income Tax return of the owner filed in the year immediately preceding the year of the damage or destruction, but if no such tax return was filed then;

3.

The value reflected on the tax rolls of the Brevard County Property Appraiser for the tax year immediately preceding the year of the damage or destruction, but if no such value is reflected on the property tax rolls of Brevard County then;

4.

Such value as is determined by agreement of the administrator and the owner, but if there is no agreement then;

5.

Such value as may be determined in the judicial or quasi-judicial forum having jurisdiction of the dispute between the city and the owner.

F.

In accordance with the provisions listed below, a nonconforming on-premises sign damaged or destroyed by more than 50 percent of its value at the time of damage or destruction through an Act of God or tortious conduct may be reconstructed or restored to its original sign area, height, and location subject to subparagraph 3. below to address safety issues:

1.

The damage was caused by an Act of God during a declared state of emergency and the damage was reported to the administrator in writing within 30 days of the occurrence; or

2.

The damage was caused by the tortious conduct of a third party and documented with a written police report or insurance claim and photographs, and the damage was reported to the administrator in writing within 30 days of the occurrence; and

3.

The location of the reconstructed or restored on-premises sign shall not obstruct or interfere with a driver's view of approaching, merging or intersecting traffic; and

4.

A permit shall be obtained within six months of the date of destruction or damage, and completed within one year of commencement.

Nothing in this paragraph F shall be interpreted or construed to allow the reconstruction or restoration of nonconforming signs on federal or state highways in violation of federal law, including the Highway Beautification Act and the regulations implementing that Act, or in violation of state law, including F.S. ch. 479 or Chapter 14-10, Florida Administrative Code.

G.

Subject to the provisions of F.S. § 70.20, a nonconforming sign, which has not displayed an on-premises message for a period of 90 consecutive calendar days shall be rebuttably presumed to be abandoned by its owner. Any such sign, which has not been maintained and has not displayed an on-premises message for 180 consecutive calendar days, shall be conclusively presumed to be abandoned by its owner.

(Ord. No. 2009-34, § 2, 11-24-2009; Ord. No. 2017-40, § 2, 9-20-2017)

State Law reference— Sign relocation and reconstruction agreements, etc., F.S. § 70.20.

A.

The zoning board of adjustment may only grant variances from the height and setback requirements of the sign ordinance.

B.

The zoning board of adjustment shall review applications for and shall approve or deny variances under the provisions of appendix B article IX, section 7 of the Melbourne City Code; provided, however, the decision of the board of adjustment shall be rendered within 60 days after the filing of a completed application for a variance, unless such time is extended at the request of the applicant.

C.

Sign variances will become null and void when primary structures being served by the sign have been removed or the area of the site where the sign is located has either increased or decreased by more than 50 percent.

D.

No variance granted prior to the effective date of this ordinance shall entitle the holder thereof to any sign, size, height or setback authorized or permitted by this ordinance, except upon application therefore and in accordance with the terms and conditions contained herein.

(Ord. No. 2009-34, § 2, 11-24-2009)

A.

Permit required. No person shall erect, alter, repair or relocate any sign that requires a permit without first obtaining a permit from the administrator. No permit shall be issued until the administrator determines that such work is in accordance with the requirements contained in this sign ordinance, and the administrator determines such work will not violate any building, electrical or other applicable code of the City of Melbourne. This subsection shall not be construed to require a permit for a change of copy, nor for the repainting, cleaning and other ordinary maintenance or repair of a sign or structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way.

B.

Application. All required sign permit applications shall be filed on forms supplied by the administrator. The application shall contain the information and documents required by this sign ordinance and shall be accompanied by the required permit fee.

C.

Permit application contents. A completed application for a sign permit shall include the following:

1.

The name, address, tax folio number, and telephone number of the property owner, and to the extent the applicant is one other than the property owner, an affidavit from the property owner authorizing the applicant to act as agent for purposes of the application.

2.

The name, address, telephone and registration number of the engineer.

3.

The name, address, telephone and license number of the sign contractor/manufacturer.

4.

The address, zoning district, building frontage and road frontage of the premises where the sign is to be erected.

5.

The type of sign, aggregate sign area, height and location of all signs currently displayed on the premises.

6.

The type of sign, aggregate sign area, height and location of the sign or signs proposed to be erected on the premises.

7.

A fully dimensioned and scaled site plan showing the lot frontage, building frontage, parking areas, and location of all existing and proposed signs. For ground signs, the site plan must show the distance from the right-of-way and edge of pavement.

8.

A sign plan shall include the following:

a.

A summary table listing the location, type and area of any existing and proposed signs.

b.

A fully dimensioned and scaled elevation drawing of any proposed sign, showing sign type, height, structure and sign area.

c.

For building signs, an elevation of the building, showing placement of any sign.

d.

If the sign is to be electrically lighted, additional information regarding the testing laboratory or the ETL No., and the name and address of the electrical contractor.

e.

Information regarding the type of construction, sign supports and electrical details.

f.

Wind load calculations and footer details as required by the Florida Building Code.

9.

All permanent ground and building signs shall have a sign plan prepared in compliance with the Florida Building Code.

D.

Permit application review and time limits. Upon receipt of a completed permit application and upon payment of the appropriate permit fee by the applicant, the administrator shall promptly conduct a review of the application, the proposed sign and the premises. The administrator shall grant or deny the permit application within 30 days from the date the completed application was submitted for approval.

E.

Issuance or denial of permit.

1.

The administrator shall issue the permit if the administrator determines that the application meets the requirements contained in this sign ordinance and determines the proposed sign will not violate any building, electrical or other adopted code of the City of Melbourne, or the administrator may issue the permit with conditions.

2.

The administrator shall deny the permit if the administrator determines that one or more reasons for denial exists, including noncompliance with this sign ordinance and any building, electrical or other adopted code of the City of Melbourne. The administrator shall make a written report of the denial and the reasons therefore.

F.

Permit fees. The permit fee for signs shall be determined pursuant to the permit fee schedule established by separate ordinance or resolution.

G.

Permits for portable or mobile signs. A permit for a portable or mobile sign may be issued for any one premises twice during a calendar year; provided, however, the permit shall be for not more than a total of 14 days during any consecutive period of 365 days.

H.

Inspections. Signs for which permits have been issued shall be inspected during and at completion of construction by the administrator, after erection and at such times as deemed necessary by the administrator. Authority for and time of such inspections shall be as follows:

1.

Inspection by administrator. The building official is hereby empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which, a sign as defined by this chapter is located, for the purpose of inspection of the sign, its structural details and electrical connections, and to ensure compliance with the provisions of this chapter. Such inspections shall be carried out during business hours, unless an emergency exists.

2.

Construction inspections. The person constructing, or erecting a sign for which a permit is required shall notify the administrator at all stages of construction that require inspection and inspections shall be held as follows:

a.

A footing inspection for all ground signs shall be required.

b.

A final structural inspection shall be required at completion of the work on all types of signs.

c.

A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source.

3.

Annual inspection. Each sign may be inspected annually by the administrator to determine whether the sign is being maintained in conformance with this sign ordinance. Signs shall be maintained in a safe manner free of plainly discolored, uneven, or peeling paint. All copy shall be clearly legible.

I.

Appeals.

a.

Any person denied a permit for a sign or aggrieved by any decision of the administrator in the interpretation or enforcement of this sign ordinance may appeal the denial or decision to the zoning board of adjustment in accordance with the appeal provisions of chapter 2, article 4, division 11, Melbourne City Code, within 30 days after rendition of the denial or decision.

b.

A decision shall be made by the zoning board of adjustment within 60 days after an appeal is filed by the applicant/aggrieved person, unless such time is extended at the request of the applicant/aggrieved person.

J.

Certificate of architectural appropriateness. A certificate of architectural appropriateness, as set forth in chapter 20, article IV, city code, is required prior to issuance of a sign permit for all signs, including murals, within a community redevelopment area and for all murals outside a community redevelopment area.

(Ord. No. 2009-34, § 2, 11-24-2009; Ord. No. 2016-61, § 3, 9-15-2016; Ord. No. 2019-02, § 3, 2-12-2019)

No permit shall be issued to any person for the erection of any sign that, when erected, will extend over public property, until it is ascertained by the building official that the applicant possesses liability insurance in the amount of $100,000.00. The policy for such insurance shall have been issued by an insurance company qualified to do business in the state.

(Ord. No. 2009-34, § 2, 11-24-2009)

All signs, together with their supports, braces, guys and anchors, shall be kept in repair and, unless of galvanized or non-corroding metal, shall be thoroughly painted at least once every two years. The administrator may order repair or removal of any sign not maintained in accordance with the provisions of this section.

(Ord. No. 2009-34, § 2, 11-24-2009)

No sign shall be erected, constructed or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any other part thereof. A sign shall not be attached in any form, shape or manner to a fire escape, nor be placed in such manner as to interfere with any opening required for legal ventilation.

(Ord. No. 2009-34, § 2, 11-24-2009)

Signs projecting from a building or extending over public property shall maintain a clear height of ten feet above grade and they shall maintain a minimum of 24 inches of clearance from the edge of pavement.

(Ord. No. 2009-34, § 2, 11-24-2009)

The construction of all signs erected in the city shall be in accordance with the Florida Building Code.

(Ord. No. 2009-34, § 2, 11-24-2009)

The following signs are exempt from the permit requirements of section 11.09, provided, however, that such signs must comply with all other requirements of this sign ordinance and the requirements of the Florida Building Code.

A.

Signs required by law or ordinance to be erected within the public right-of-way.

B.

Flags.

C.

Signs of six square feet or less.

D.

Signs erected on public property by governmental agencies having jurisdiction.

E.

One sign or tablet per building, of four square feet or less, when cut into any masonry surface, or when constructed of bronze or other incombustible material, and attached to the surface of a building or erected on a post or pedestal with a total height not to exceed four feet in height.

F.

Signs incorporated into machinery, equipment or other products by the manufacturer of same.

G.

Signs carried by a person.

H.

Temporary noncommercial signs.

I.

Construction signs.

J.

Real estate signs.

K.

Temporary window signs.

(Ord. No. 2009-34, § 2, 11-24-2009)

Any sign not expressly permitted by this sign ordinance is prohibited, including without limitation, the following signs:

A.

Animated and flashing signs other than changeable copy signs.

B.

Snipe signs.

C.

Signs that rotate.

D.

Signs on public property except signs erected by a governmental agency having jurisdiction.

E.

Banners, banner signs, pennants, searchlights, twirling signs, "A" frame, sandwich board signs, sidewalk or curb signs and inflatable signs, except as may be expressly permitted pursuant to the special activity permitting procedures, outdoor display or seating area procedures, or when utilized as temporary window signs/service bay opening signs.

F.

Roof signs.

G.

Signs that emit audible sound, odor, or visible matter such as smoke or steam.

H.

Abandoned signs.

I.

Signs in violation of the Florida Building Code.

J.

Signs which face contiguous residential property.

K.

Signs with optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion.

L.

Signs or sign structures that interfere in any way with the free use of any fire escape, emergency exit, or standpipe, or that obstruct any window to such an extent that the light or ventilation is reduced to a point below that required by any provision of this code or other ordinances of the city.

M.

Off-premises signs.

N.

Any sign which is located, constructed, or maintained in such a way that such sign may be confused or interfere with official traffic signs, signals or devices placed by any governmental agency having jurisdiction of the right-of-way, or which may obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

O.

Portable signs except as expressly permitted under section 11.09(G) of this code.

P.

Vehicle signs.

Q.

Balloons.

(Ord. No. 2009-34, § 2, 11-24-2009; Ord. No. 2012-36, § 2, 9-18-2012; Ord. No. 2016-37, § 2, 6-14-2016)

A.

Permitted signs. Subject to the provisions of subsection B. hereof, the following on-premises signs are permitted provided they meet all of the requirements of this sign ordinance:

1.

Ground signs.

2.

Building signs.

3.

Flags.

4.

Reference appendix B, article V, section 3(A)(3)(h) for specific codes regarding signs in the Eau Gallie Art Overlay Zone.

B.

On-premises signs in nonresidential zoning districts, as identified in appendix B, article V, section 2(D), Table 1B excluding I-1 and residential uses in R-P, C-1A, C-1, C-E, and C-P, are permitted subject to the following limitations:

1.

Ground signs.

a.

Number of ground signs.

i.

Properties with street frontage of less than 50 linear feet are not allowed a ground sign.

ii.

Properties with street frontage of 50 to 99 linear feet are allowed one ground sign for a total area not exceeding 50 square feet of sign face area.

iii.

Properties with street frontage greater than 100 linear feet are allowed one ground sign not exceeding 72 square feet.

iv.

Properties with street frontage greater than 600 linear feet are allowed two ground signs which in the aggregate will not exceed a total of 144 square feet with at least 150 feet of separation between ground signs. The separation distance between ground signs shall be measured as a straight line between the closest portion of each sign in relation to the other sign.

v.

Properties with street frontage greater than 1,000 linear feet are allowed three ground signs which in the aggregate will not exceed a total area of 250 square feet and at least 150 feet of separation between ground signs with no single sign exceeding 160 square feet. The separation distance between ground signs shall be measured as a straight line between the closest portion of each sign in relation to the other sign.

vi.

Properties developed as a "community shopping center" with a street frontage greater than 1,500 linear feet are allowed four ground signs which in the aggregate will not exceed a total sign area of 800 square feet and at least 150 feet of separation between ground signs with no single sign exceeding 200 square feet. The separation distance between ground signs shall be measured as a straight line between the closest portion of each sign in relation to the other sign.

vii.

The sign face area of any nonconforming ground sign located on the premises shall be included for purposes of determining the maximum allowable ground sign face area.

viii.

Any premises with multiple street frontages may allocate its total allowable ground sign face area among its permitted ground signs on any frontage. However, no more than one ground sign is permitted on any single street frontage with less than 600 linear feet.

b.

Setbacks for ground signs.

i.

Setback shall be a minimum of ten feet from any property line abutting a public right-of-way.

ii.

Setback shall be a minimum of five feet from any other property line.

c.

Height of signs. The maximum height for all ground signs is as follows:

d.

Changeable copy ground signs are permitted only along property frontages that are adjacent to arterial roadways, as the term is defined in the City of Melbourne Comprehensive Plan, and are subject to the following restrictions:

i.

Operational limitations. Such displays shall contain static messages only and shall not have movement, or the appearance of optical illusion of movement of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or the varying of light intensity.

ii.

Minimum display time. Each message on the sign must be displayed for a minimum of eight seconds. Transitions on such signs shall be instantaneous without the appearance of animation or flashing.

iii.

Reserved.

iv.

All electronic message center signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness based on ambient light conditions.

v.

The technology currently being deployed for electronic message center signs is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates lawfully shall not require an ordinance change for approval.

2.

Building signs.

a.

Building sign area.

i.

Each single occupancy premises shall be entitled to building signs, not exceeding ten signs, with a total sign face area which, in the aggregate, shall not exceed the lesser of ten percent of the building exterior area upon which the building signs are to be located or 300 square feet.

ii.

Each occupant of a multiple-occupancy complex may display building signs, not exceeding ten signs, on any unit exterior of the complex that is part of the occupant's unit (not including common or jointly owned area). The total allowable sign area, in the aggregate, shall not exceed the lesser of ten percent of the unit exterior building area upon which the building signs are to be located or 300 square feet.

b.

Building sign standards.

i.

Changeable copy building signs are permitted only on buildings with property frontages that are adjacent to arterial roadways as the term is defined in the City of Melbourne Comprehensive Plan, subject to the performance restrictions in section 11.20B.1.d. of this section.

ii.

Temporary window signs/service bay opening signs. Each premises shall be permitted to have temporary window signs/service bay opening signs in one window or service bay; temporary window signs/service bay opening signs shall not exceed ten percent of the glass surface area of the window or service bay opening in which they are located.

iii.

Building signs may be allowed above the highest roofline on a parapet or building wall and shall not exceed 15 feet in height above the roofline.

iv.

Changeable copy building signs shall be prohibited on a parapet or building wall of the building above the roofline.

3.

Directional signs. One directional sign shall be permitted at each point of vehicular ingress and egress to a premises and shall not be counted as part of maximum allowable signage provided the sign area of each such sign does not exceed four square feet and the sign height of each such sign does not exceed four feet.

4.

Subdivision signs.

a.

Generally. A sign may be displayed at the entrance to nonresidential subdivisions along an arterial or collector road.

b.

Nonresidential subdivision sign options. Nonresidential platted subdivisions may choose one of the following options for subdivision signs:

i.

One sign of up to 72 square feet in area and 12 feet in height located at the entrance to the platted subdivision on a tract of land jointly owned and maintained by all platted lots within the subdivision. No additional ground sign shall be permitted or constructed within the subdivision on any platted lot within the subdivision; or

ii.

One sign at each entrance into the subdivision from each abutting street on a tract of land jointly owned and maintained by all platted lots within the subdivision. The sign may be a single sign with two faces of equal size or may be two single-faced structures of equal size located on each side of the entrance. The aggregate sign area of all faces shall not exceed 40 square feet in size, and may be illuminated in a steady light only. No such sign shall exceed eight feet in height.

5.

Utility signs. Signs placed by public utilities on or in close proximity to the location of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances shall be permitted not to exceed three feet in height, and four square feet in area.

6.

Murals. One mural per building is permitted citywide in non-residential zoning districts only. Single-family and two-family structures are not permitted a mural. Text, lettering or logo on a mural shall not exceed ten percent of the sign area of the mural, or 200 square feet, whichever is less. Murals shall not exceed 100 percent of the size of one wall. In areas outside of a community redevelopment area, murals shall not face contiguous single- or two-family structures.

7.

Real estate sign. One real estate sign per premises is permitted except that any premises fronting on more than one road shall be permitted one real estate sign for each road frontage. No real estate sign shall exceed eight square feet in sign area or eight feet in height, and shall not be placed closer than ten feet from any lot line. Real estate signs shall be removed within five calendar days following the sale or leasing of the premises to which the sign relates.

8.

Construction sign. One construction sign not exceeding 72 square feet in sign area or 12 feet in height per premises is permitted. No construction sign shall be erected more than five days prior to the issuance of a building permit for the improvement and such sign shall be removed within five days after the issuance of the certificate of occupancy for the improvement. No construction sign shall be erected closer than ten feet to any lot line.

9.

Flags. Four flags are permitted provided they are flown from a flag pole or from a flexible rod or pole.

10.

Temporary noncommercial signs. Temporary noncommercial signs are permitted for each premises. No temporary noncommercial sign shall exceed 72 square feet in sign area nor shall it exceed eight feet in height. The aggregate sign area for all temporary noncommercial signs shall not exceed 72 square feet. No temporary noncommercial sign shall be placed closer than ten) feet from any lot line. Temporary noncommercial signs shall be removed within five calendar days following the event to which the sign relates.

11.

Signs of governmental agencies having jurisdiction displayed in the public right-of-way.

C.

On-premises signs in residential zoning districts, as identified in appendix B, article V, section 2(D), Table 1A, and non-residential districts in which residential uses are permitted, excluding the C-3 zoning district, as designated in the Melbourne Land Development Code, are permitted subject to the following limitations:

1.

Single-family residential lot signs.

a.

Applicability. This section applies to an individual single-family residential developed lot/parcel.

b.

Number of signs. Each premises is permitted only one ground or one building sign.

c.

Sign area. Sign area shall not exceed six square feet.

d.

Height of sign. Sign shall not exceed three feet in height.

e.

Home-based business signs are prohibited.

f.

Nothing contained in this section shall be construed to permit the display of signs when otherwise prohibited or restricted by private restrictions related to the residential premises.

2.

Multi-family residential signs.

a.

Applicability. There are two types of signs allowed for multi-family residential properties:

i.

Multi-family residential project signs; and

ii.

Individual multi-family residential dwelling unit signs.

b.

Multi-family residential project signs.

i.

Building signs. Only multi-family residential projects with a building height over 48 feet are permitted building signs.

a)

Number of signs. Multi-family residential projects have the following options:

1)

Applicable projects may request two building signs allowed per development with no ground sign(s); or

2)

Applicable projects may request one building sign and one ground sign per sub-section ii. below; or

3)

Applicable projects may request only ground signs per sub-section ii. below.

b)

Sign area. Multi-family residential project sign area shall not exceed ten percent of the wall where the building sign is to be placed, up to a maximum of 100 square feet.

c)

Height of sign. Multi-family residential project signs may not extend above the approved height of the building on which the sign is to be placed.

d)

Multi-family residential project building sign(s) shall only be illuminated in a steady light.

ii.

Ground signs.

a)

Number of signs. Multi-family residential projects may have ground signs at each entrance into the project from each abutting arterial or collector street, with the following options:

1)

The sign may be a single sign with two faces of equal size; or

2)

The project may provide for two, single-faced structures of equal size located on each side of the entrance.

b)

Sign area. Multi-family residential projects ground sign area shall not exceed 40 square feet.

c)

Height of sign. No ground sign shall exceed eight feet in height.

d)

Ground sign setbacks.

1)

Right-of-way setback. Setback shall be a minimum of ten feet from any property line abutting a public right-of-way.

2)

Setback shall be a minimum of five feet from any other property line.

3)

Notwithstanding any part of this ordinance or any permit granted, or any variance granted by the zoning board of adjustment, no type of structure, vehicle, tree, planting, vegetation, sign, fence, or any other type of obstacle or any portion thereof shall be placed or retained in such manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings.

e)

Multi-family residential project ground sign(s) shall only be illuminated in a steady light.

c.

Individual multi-family residential dwelling unit signs.

i.

Number of signs. An individual multi-family residential dwelling unit is permitted only one ground sign or one building sign per premises.

ii.

Sign area. The sign area shall not exceed six square feet.

iii.

Height of sign. The sign shall not exceed three feet of height.

iv.

Nothing contained in this section shall be construed to permit the display of signs when otherwise prohibited or restricted by private restrictions related to the residential dwelling unit.

d.

Changeable copy signs shall be prohibited.

e.

Home occupation signs shall be prohibited.

f.

Nothing contained in this section shall be construed to permit the display of signs when otherwise prohibited or restricted by private restrictions related to the residential dwelling unit.

3.

Single-family residential subdivision signs. Signs at the entrance to residential subdivisions are permitted.

a.

Location. Single-family residential ground signs shall be constructed within a tract of land jointly owned and maintained by all platted lots within the subdivision.

b.

Number of signs. Single-family residential subdivisions may have ground signs at each entrance into the subdivision from each abutting arterial or collector street, with the following options:

i.

The sign may be a single sign with two faces of equal size; or

ii.

The subdivision provide for two, single-faced structures of equal size located on each side of the entrance.

c.

Sign area. No face of the ground sign shall exceed 40 square feet in size.

d.

Height of sign. No ground sign shall exceed eight feet in height.

e.

Ground sign setbacks.

i.

Right-of-way setback. Setback shall be a minimum of ten feet from any property line abutting a public right-of-way.

ii.

Setback shall be a minimum of five feet from any other property line.

iii.

Notwithstanding any part of this ordinance or any permit granted, or any variance granted by the Zoning Board of Adjustment, no type of structure, vehicle, tree, planting, vegetation, sign, fence, or any other type of obstacle or any portion thereof shall be placed or retained in such manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings.

f.

Single-family residential subdivision ground sign(s) must be illuminated in a steady light only.

g.

Changeable copy signs shall be prohibited.

4.

Projects requiring conditional use approval on residentially zoned property. If applicable, residential projects requiring conditional use approval for height above 48 feet may utilize the standards of subsection 2, above. Otherwise, such projects are subject to the following:

a.

Number of signs. Projects approved through a conditional use may have one ground sign.

b.

Sign area. No face of the ground sign shall exceed 72 square feet in size.

c.

Height of sign. No ground sign shall exceed 12 feet in height.

d.

Ground sign setbacks.

i.

Right-of-way setback. Setback shall be a minimum of ten feet from any property line abutting a public right-of-way.

ii.

Setback shall be a minimum of five feet from any other property line.

iii.

Notwithstanding any part of this ordinance or any permit granted, or any variance granted by the zoning board of adjustment, no type of structure, vehicle, tree, planting, vegetation, sign, fence, or any other type of obstacle or any portion thereof shall be placed or retained in such manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings.

e.

Changeable copy signs shall be prohibited, unless otherwise permitted by this chapter.

5.

Real estate sign. One real estate sign per premises is permitted except that any premises fronting on more than one road shall be permitted one real estate sign for each road frontage. No real estate sign shall exceed six square feet in sign area or three feet in height, and shall not be placed closer than ten feet from any lot line.

6.

Construction sign. One construction sign not exceeding six square feet in sign area or three feet in height per premises is permitted. No construction sign shall be erected more than five days prior to the issuance of a building permit for the improvement and said sign shall be removed within five days after the issuance of the certificate of occupancy for the improvement. No construction sign shall be erected closer than ten feet from any lot line.

7.

Flags. Flags are permitted provided they are flown from a flag pole or from a flexible rod or pole.

8.

Temporary noncommercial signs. Temporary noncommercial signs are permitted for each premises. No temporary noncommercial sign shall exceed six square feet in sign area nor shall it exceed three feet in height. The aggregate sign area of all temporary noncommercial signs shall not exceed 30 square feet. No temporary noncommercial sign shall be placed closer than ten feet from any lot line.

9.

Signs displayed in the public right-of-way by governmental agencies having jurisdiction of said right-of-way.

10.

Murals. Multifamily structures in non-residential zoning districts within a community redevelopment area are allowed a mural in accordance with section 11.20(B)(6) of this chapter.

D.

On-premises signs for institutional uses. Properties that are zoned I-1 and institutional uses that have been granted a conditional use in a residential zoning district are permitted ground and building signs subject to the following conditions:

1.

Ground signs.

a.

Number of ground signs.

i.

Properties with street frontage of less than 50 linear feet are not allowed a ground sign.

ii.

Properties with street frontage of 50 to 99 linear feet are allowed one ground sign for a total area not exceeding 50 square feet of sign face area.

iii.

Properties with street frontage greater than 100 linear feet are allowed one ground sign not exceeding 72 square feet.

iv.

Properties with street frontage greater than 600 linear feet are allowed two ground signs which in the aggregate will not exceed a total of 144 square feet with at least 150 feet of separation between ground signs. The separation distance between ground signs shall be measured as a straight line between the closest portion of each sign in relation to the other sign.

v.

Properties with street frontage greater than 1,000 linear feet are allowed three ground signs which in the aggregate will not exceed a total area of 250 square feet and at least 150 feet of separation between ground signs with no single sign exceeding 160 square feet. The separation distance between ground signs shall be measured as a straight line between the closest portion of each sign in relation to the other sign.

vi.

The sign face area of any nonconforming ground sign located on the premises shall be included for purposes of determining the maximum allowable ground sign face area.

vii.

Any premises with multiple street frontages may allocate its total allowable ground sign face area among its permitted ground signs on any frontage. However, no more than one ground sign is permitted on any single street frontage with less than 600 linear feet.

b.

Setbacks for ground signs.

i.

Setback shall be a minimum of ten feet from any property line abutting a public right-of-way.

ii.

Setback shall be a minimum of five feet from any other property line.

c.

Height of signs. The maximum height for all ground signs is as follows:

i.

Up to two signs. Maximum height allowed: 12 feet

ii.

Three signs. Maximum height allowed: one sign may be up to 20 feet and two signs may be up to 12 feet in height.

d.

Changeable copy ground signs are permitted subject to the following restrictions:

i.

Locations. Changeable copy ground signs are permitted along property frontages that are adjacent to arterial, collector and local roadways, as the terms are defined in the City of Melbourne Comprehensive Plan. For property frontages that are adjacent to local roadways, the electronic display area shall comprise no more than fifty percent of the sign face, the sign shall not directly face a residential structure, and the sign shall be located at least 150 feet from any single-family residential dwelling.

ii.

Operational limitations.

a.

Changeable copy ground signs adjacent to collector and local roadways may not be illuminated between the hours of 9:00 p.m. and 7:00 a.m.

b.

Such displays shall contain static messages only and shall not have movement, or the appearance of optical illusion of movement of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or the varying of light intensity.

c.

Each message on the sign must be displayed for a minimum of eight seconds. Transitions on such signs shall be instantaneous without the appearance of animation or flashing.

iii.

All electronic message center signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness based on ambient light conditions.

iv.

The technology currently being deployed for electronic message center signs is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates lawfully shall not require an ordinance change for approval.

2.

Building signs.

a.

Building sign area.

i.

Each single occupancy premises shall be entitled to building signs, not exceeding ten signs, with a total sign face area which, in the aggregate, shall not exceed the lesser of ten percent of the building exterior area upon which the building signs are to be located or 300 square feet.

ii.

Each occupant of a multiple-occupancy complex may display building signs, not exceeding ten signs, on any unit exterior of the complex that is part of the occupant's unit (not including common or jointly owned area). The total allowable sign area, in the aggregate, shall not exceed the lesser of ten percent of the unit exterior building area upon which the building signs are to be located or 300 square feet.

b.

Building sign standards.

i.

Changeable copy building signs are permitted only on buildings with property frontages that are adjacent to arterial roadways as the term is defined in the City of Melbourne Comprehensive Plan, subject to the operational limitations in section 11.20B.1.d. of this section.

ii.

Temporary window signs. Each premises shall be permitted to have temporary window signs in one window; temporary window signs shall not exceed ten percent of the glass surface area of the window in which they are located.

iii.

Building signs may be allowed above the highest roofline on a parapet or building wall and shall not exceed 15 feet in height above the roofline.

iv.

Changeable copy building signs shall be prohibited on a parapet or building wall of the building above the roofline.

3.

Directional signs. One directional sign shall be permitted at each point of vehicular ingress and egress to a premises and shall not be counted as part of maximum allowable signage provided the sign area of each such sign does not exceed four square feet and the sign height of each such sign does not exceed four feet. Directional signage for internal circulation can have a maximum sign area of 16 square feet and a maximum height of four feet.

4.

Utility signs. Signs placed by public utilities on or in close proximity to the location of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances shall be permitted not to exceed three feet in height, and four square feet in area.

5.

Murals. One mural per building is permitted. Text, lettering or logo on a mural shall not exceed ten percent of the sign area of the mural, or 200 square feet, whichever is less. Murals shall not exceed 100 percent of the size of one wall. In areas outside of a community redevelopment area, murals shall not face contiguous single- or two-family structures.

6.

Real estate sign. One real estate sign per premises is permitted except that any premises fronting on more than one road shall be permitted one real estate sign for each road frontage. No real estate sign shall exceed eight square feet in sign area or eight feet in height, and shall not be placed closer than ten feet from any lot line. Real estate signs shall be removed within five calendar days following the sale or leasing of the premises to which the sign relates.

7.

Construction sign. One construction sign not exceeding 72 square feet in sign area or 12 feet in height per premises is permitted. No construction sign shall be erected more than five days prior to the issuance of a building permit for the improvement and such sign shall be removed within five days after the issuance of the certificate of occupancy for the improvement. No construction sign shall be erected closer than ten feet to any lot line.

8.

Flags. Four flags are permitted provided they are flown from a flag pole or from a flexible rod or pole.

9.

Temporary noncommercial signs. Temporary noncommercial signs are permitted for each premises. No temporary noncommercial sign shall exceed 72 square feet in sign area nor shall it exceed eight feet in height. The aggregate sign area for all temporary noncommercial signs shall not exceed 72 square feet. No temporary noncommercial sign shall be placed closer than ten feet from any lot line. Temporary noncommercial signs shall be removed within five calendar days following the event to which the sign relates.

10.

Temporary signs for on-site institutional events are permitted provided such signs are removed within five days after the event to which it relates has concluded.

11.

Signs of governmental agencies having jurisdiction displayed in the public right-of-way.

12.

Lightpole signs may be displayed on the premises; provided any such signs may not exceed six square feet in sign area and provided that such lightpoles and lightpole signs are maintained by the institutional use.

E.

On-premises signs in community redevelopment areas are permitted subject to the following limitations:

1.

Such signs as are permitted in section 11.20(B) above.

2.

Lightpole signs provided no such sign shall exceed six square feet of sign area.

3.

Temporary signs provided such signs are removed within five days after the event to which it relates has concluded.

(Ord. No. 2009-34, § 2, 11-24-2009; Ord. No. 2011-05, § 2, 2-8-2011; Ord. No. 2012-36, § 3, 9-18-2012; Ord. No. 2014-18, § 3(11.20), 4-22-2014; Ord. No. 2016-10, § 2, 2-23-2016; Ord. No. 2016-61, § 3, 9-15-2016; Ord. No. 2016-71, § 1, 11-22-2016; Ord. No. 2020-38, § 2, 7-14-2020; Ord. No. 2021-19, § 1, 4-13-2021; Ord. No. 2021-32, § 1, 7-27-2021; Ord. No. 2022-47, § 4, 10-25-2022)

For any sign consisting of more than two faces, each face shall be considered as part of the total square footage of sign allowable.

(Ord. No. 2009-34, § 2, 11-24-2009)

The permit applicant shall present to the building official a current certificate issued by the Florida Construction Industry Licensing Board, or possess a current Brevard County competency card.

(Ord. No. 2001-66, § 2, 12-11-2001)

All contractors covered by this chapter must secure a business tax receipt from the city if their businesses are located within the city.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2006-121, § 1, 11-28-2006)

State Law reference— Local business tax, F.S. ch 205.

(a)

The Florida Building Code and the Florida Residential Building Code, current editions as mandated by the Florida Legislature and published by the Florida Building Commission, shall be known as the City of Melbourne Building Code and are hereby adopted by reference and incorporated herein, as if fully set out.

(b)

The planning and zoning board shall serve as the board of adjustment and appeals for this code.

(c)

Wind speed zones. The following wind speed zones are hereby established for the City of Melbourne:

(1)

140 mph Vult for Risk Category I buildings.

(2)

150 mph Vult for Risk Category II buildings.

(3)

160 mph Vult for Risk Category III and IV buildings.

(d)

Wind-borne debris region. All of the City of Melbourne is in the wind-borne debris region.

(e)

The following technical amendments to the Florida Building Code, Residential, are hereby adopted.

(1)

Modify section R322.2.1, as follows:

R322.2.1. Elevation requirements.

1.

Buildings and structures in flood hazard areas, including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 1.33 feet or the design flood elevation, whichever is higher.

2.

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet on the FIRM plus 1.33 feet, or not less than three feet if a depth number is not specified.

3.

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1.33 feet or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, must meet the requirements of R322.2.2.

(2)

Modify section R322.3.2, as follows

R322.3.2. Elevation requirements.

1.

Buildings and structures erected within coastal high-hazard areas and Coastal A Zones shall be elevated so that the bottom of the lowest horizontal structural members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 1.33 feet or the design flood elevation, whichever is higher.

2.

Basement floors that are below grade on all sides are prohibited.

3.

The use of fill for structural support is prohibited.

4.

Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios, and walkways.

5.

Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of sections R322.3.5 and R322.3.6.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2005-65, § 1, 6-14-2005; Ord. No. 2013-02, § 81(13.80), 1-22-2013; Ord. No. 2015-45, § 13, 9-8-2015; Ord. No. 2023-06, § 1, 2-28-2023)

The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern Building Code Congress International, Inc., is hereby adopted by reference and incorporated herein, as if fully set. The Standard Unsafe Building Abatement Code is hereby amended to read as follows:

(a)

Section 105.1. The planning and zoning board shall serve as the board of adjustment and appeals for this code.

(b)

Section 605. Costs of repair or demolition; lien on property; collection.

(1)

Upon repair or demolition of any building or structure, either with city forces or by independent contractor, all of the costs of demolition and/or repair shall be assessed against and constitute a lien on the property upon which the building or structure is/was situated. The lien shall be equal in rank, priority and dignity with the lien of Brevard County ad valorem taxes and shall be superior to all other liens, encumbrances, titles and claims in, to or against the property. Costs shall include, but not be limited to, administrative costs, attorney's fees, postage, newspaper publication fees and actual costs of physical removal and/or repair.

(2)

The city clerk shall file such lien in the public records of Brevard County, Florida, showing the nature of the lien, the amount thereof, a legal description of the property and the owner thereof. Such liens shall bear interest from the date of filing at the highest rate allowed by law.

(3)

The lien may be enforced in the same manner as a court judgment by the sheriffs of the State of Florida, including levy against personal property, and may also be foreclosed in the nature of a mortgage. All costs and attorney's fees incurred in collection of amounts due under any such lien shall also be secured by the property and included within the total sum due under the lien.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2015-45, § 13, 9-8-2015)

The International Property Maintenance Code, current edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein, as if fully set out.

(a)

The planning and zoning board shall serve as the property maintenance board of adjustment appeals for this code.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2003-74, § 12, 9-9-2003; Ord. No. 2015-45, § 13, 9-8-2015)

The Florida Existing Building Code, current edition, as mandated by the Florida Legislature and published by the Florida Building Commission, is hereby adopted by reference and incorporated herein, as if fully set out.

(a)

The planning and zoning board shall serve as the board of adjustment and appeals for this code.

(b)

Appendices B and C of the Florida Existing Building Code are hereby adopted.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2005-65, § 2, 6-14-2005; Ord. No. 2015-45, § 13, 9-8-2015)

The National Electrical Code, NFPA 70, current edition as mandated by the Florida Legislature and published by the National Fire Protection Association, is hereby adopted by reference and incorporated herein, as if fully set out.

The electrical inspector is hereby given the power to disconnect extension cords, temporary wiring, branch circuits, subfeed conductors, or the main service supplying electrical energy to any portion of an electrical wiring system on or in buildings, or on premises, if this wiring is in the opinion of the inspector considered to be hazardous to life or property. Any person supplying current must disconnect service from the source of supply upon instructions from the electrical inspector where hazards are deemed to exist, after receiving written notice from the electrical inspector.

The planning and zoning board shall serve as the board of adjustment and appeals for this code.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2003-74, § 13, 9-9-2003; Ord. No. 2005-65, § 3, 6-14-2005; Ord. No. 2015-45, § 13, 9-8-2015)

The Florida Plumbing Code, current edition as mandated by the Florida Legislature, and published by the Florida Building Commission, is hereby adopted by reference and incorporated herein as if fully set out.

The planning and zoning board shall serve as the board of adjustment and appeals for this code.

The following appendices of the Florida Plumbing Code are hereby adopted: appendix B, appendix D, and appendix E.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2005-65, § 4, 6-14-2005; Ord. No. 2015-45, § 13, 9-8-2015)

The Florida Mechanical Code, current edition as mandated by the Florida Legislature, and published by the Florida Building Commission, is hereby adopted by reference and incorporated herein as if fully set out.

The planning and zoning board shall serve as the board of adjustment and appeals for this code.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2005-65, § 5, 6-14-2005; Ord. No. 2015-45, § 13, 9-8-2015)

The Florida Fuel Gas Code, current edition as mandated by the Florida Legislature, and published by the Florida Building Commission, is hereby adopted by reference and incorporated herein as if fully set out.

The planning and zoning board shall serve as the board of adjustment and appeals for this code.

The following appendices of the Florida Fuel Gas Code are hereby adopted: appendix A and appendix B.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2005-65, § 6, 6-14-2005; Ord. No. 2015-45, § 13, 9-8-2015)

Consistent with section 2-329 of this Code, the planning and zoning board shall have the authority to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes as specifically authorized in Code.

(a)

Appeals of decisions of the building official.

(1)

Appeal. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the planning and zoning board whenever any of the following conditions exist:

a.

The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

b.

The provisions of this chapter do not apply to the specific case.

c.

An equally good or more desirable form of installation can be employed in any specific case.

d.

The true intent or meaning of this chapter or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

(2)

Variance. The planning and zoning board, when so appealed to and after a hearing, may vary the application of any provision of this chapter to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following:

a.

That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

b.

That the special conditions and circumstances do not result from the action or inaction of the applicant.

c.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other buildings, structures, or service systems.

d.

That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

e.

That granting the variance will be in harmony with the general intent and purpose of this chapter and will not be detrimental to the public health, safety and general welfare.

(3)

Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of the code.

(4)

Method of appeal. Any person who desires to appeal a final decision made by the building official may file a written notice of appeal within 30 days after the decision is rendered by the building official to the building official and the secretary to the planning and zoning board. Such appeal must specify the grounds for the appeal. Immediately following receipt of an appeal, the building official shall immediately transmit to the secretary to the planning and zoning board all documents constituting the record upon which the action appealed from was taken. The secretary to the planning and zoning board after receipt of the record shall fix a time for hearing of the appeal. The planning and zoning board shall make a determination on the appeal within 60 days of such application for appeal. The term rendered shall mean the date on which a signed, written decision of the building official is filed in his records.

Any person who desires to appeal a final decision made by the planning and zoning board must follow the process in section 2-331 of this Code.

(5)

Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such appeals to a shorter period.

(b)

Limitations on authority. An application for appeal shall be based on a claim that the true intent of the Florida Building Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Florida Building Code do not fully apply, or an equally good or better form of construction is proposed. The planning and zoning board shall have no authority to waive the requirements of the Florida Building Code.

(Ord. No. 2001-66, § 2, 12-11-2001; Ord. No. 2015-45, § 13, 9-8-2015; Ord. No. 2023-06, § 1, 2-28-2023)

Editor's note— Section 13 of Ord. No. 2015-45, adopted Sept. 8, 2015, changed the title of § 13.143 from "Establishment of building board of adjustment and appeals" to read as herein set out.

(a)

Title. These regulations shall be known as the Floodplain Management Code of the City of Melbourne.

(b)

Scope. The provisions of this floodplain management code will apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

(c)

Intent. The purposes of this floodplain management code and the flood load and flood-resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(1)

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(2)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(3)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

(4)

Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(5)

Minimize damage to public and private facilities and utilities;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(7)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

(8)

Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.

(d)

Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.

(e)

Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. the flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of title 44 Code of Federal Regulations, sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance.

(f)

Disclaimer of liability. This floodplain management code shall not create liability on the part of the city council of the city or by any officer or employee thereof, in their official or individual/personal capacities, for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 2013-02, § 11(13.150), 1-22-2013)

(a)

General. In this article where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)

Areas to which this floodplain management code applies. This floodplain management code will apply to all flood hazard areas within the city, as established in subsection 13.151(c), appendix D, of this floodplain management code.

(c)

Basis for establishing flood hazard areas. The flood insurance study for Brevard County, Florida and incorporated areas dated January 29, 2020, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this Code and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the office of the city building official.

(d)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to sections 13.168 through 13.171, appendix D, of the floodplain management code, the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:

(1)

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this floodplain management code and, as applicable, the requirements of the Florida Building Code.

(2)

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(e)

Other laws. The provisions of this floodplain management code will not be deemed to nullify any provisions of local, state or federal law.

(f)

Abrogation and greater restrictions. This floodplain management code supersedes any code in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing code including but not limited to land development regulations, zoning code provisions, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this floodplain management code and any other code provisions, the more restrictive shall govern. This floodplain management code shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance.

(g)

Interpretation. In the interpretation and application of this code, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 2013-02, § 12(13.151), 1-22-2013; Ord. No. 2020-41, § 1, 8-25-2020; Ord. No. 2023-06, § 1, 2-28-2023)

(a)

Terms defined in the Florida Building Code. Where terms are not defined in this floodplain management code and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.

(b)

Terms not defined. Where terms are not defined in this floodplain management code or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

(c)

Definitions. Unless otherwise expressly stated, the following words and terms will, for the purposes of this floodplain management code, have the meanings shown in this section:

(1)

Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is limited to parking and storage incidental to the use of the principal structure.

(2)

Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

(3)

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this floodplain management code.

(4)

ASCE 24. A standard titled Flood-Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

(5)

Base flood. A flood having a one percent chance of being equaled or exceeded in any given year. This term is also defined in the Florida Building Code, Building, Section 1612.2. The base flood is commonly referred to as the "100-year flood" or the "One-percent-annual chance flood."

(6)

Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM). This term is also defined in the Florida Building Code, Building, section 1612.2.

(7)

Basement. The portion of a building having its floor subgrade (below ground level) on all sides. This term is also defined in the Florida Building Code, Building, section 1612.2.

(8)

Coastal construction control line. The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of Brevard County, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

(9)

Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on flood insurance rate maps (FIRM) as Zone V1-V30, VE, or V.

(10)

Design flood. The flood associated with the greater of the following two areas:

a.

Area with a floodplain subject to a one-percent or greater chance of flooding in any year; or

b.

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

This term is also defined in the Florida Building Code, Building, section 1612.2.

(11)

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation will be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number will be taken as being equal to two feet. This term is also defined in the Florida Building Code, Building, section 1612.2.

(12)

Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

(13)

Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

(14)

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before May 24, 1977. May 24, 1977 is the date that the city's first floodplain management ordinance was adopted. This term is also defined in the Florida Building Code, Building, section 1612.2.

(15)

Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

(16)

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from:

a.

The overflow of inland or tidal waters.

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

This term is also defined in the Florida Building Code, Building, section 1612.2.

(17)

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. This term is also defined in the Florida Building Code, Building, section 1612.2.

(18)

Flood hazard area. The greater of the following two areas:

a.

The area within a floodplain subject to a one percent or greater chance of flooding in any year.

b.

The area designated as a flood hazard area on the city's flood hazard map, or otherwise legally designated.

This term is also defined in the Florida Building Code, Building, section 1612.2.

(19)

Flood insurance rate map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the city. This term is also defined in the Florida Building Code, Building, section 1612.2.

(20)

Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), and the water surface elevations of the base flood, and supporting technical data. This term is also defined in the Florida Building Code, Building, section 1612.2.

(21)

Floodplain administrator. The office or position designated and charged with the administration and enforcement of this floodplain management code (may be referred to as the floodplain manager).

(22)

Floodplain development permit or approval. An official document or certificate issued by the city, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this floodplain management code.

(23)

Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. This term is also defined in the Florida Building Code, Building, section 1612.2.

(24)

Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

(25)

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, all as adopted in section 13.80 through 13.131, appendix D of this code.

(26)

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

(27)

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

(28)

Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, chapter 12 Historic Buildings.

(29)

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

a.

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

b.

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

c.

Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the city's floodplain management regulations.

d.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

(30)

Light-duty truck. As defined in 40 CFR 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

a.

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

b.

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

c.

Available with special features enabling off-street or off-highway operation and use.

(31)

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. This term is also defined in the Florida Building Code, Building, section 1612.2.

(32)

Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." This term is also defined in rule 15C-1.0101, Florida Administrative Code.

(33)

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(34)

Market value. The value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect and quality of construction) determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

(35)

New construction. For the purposes of administration of this floodplain management code and the flood-resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after May 24, 1977 and includes any subsequent improvements to such structures. May 24, 1977 is the date that the city's first floodplain management ordinance was adopted.

(36)

Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. This term is also defined in F.S. § 320.01.

(37)

Recreational vehicle. A vehicle, including a park trailer, which is:

a.

Built on a single chassis;

b.

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

c.

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

d.

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

This term is also defined in F.S. § 320.01(b).

(38)

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

(39)

Special flood hazard area. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. This term is also defined in the Florida Building Code, Building, section 1612.2.

(40)

Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance of a permit that permits the start of construction. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, the installation of piles, or the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. This term is also defined in the Florida Building Code, Building, section 1612.2.

(41)

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. This term is also defined in the Florida Building Code, Building, section 1612.2.

(42)

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

a.

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

b.

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

This term is also defined in the Florida Building Code, Building, section 1612.2.

(43)

Variance. A grant of relief from the requirements of this floodplain management code, or the flood-resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this floodplain management code or the Florida Building Code.

(44)

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

(Ord. No. 2013-02, § 13(13.152), 1-22-2013; Ord. No. 2020-41, § 2, 8-25-2020; Ord. No. 2023-06, § 1, 2-28-2023)

(a)

Designation. The building official is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other city employees.

(b)

General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this floodplain management code. The floodplain administrator has the authority to render interpretations of this floodplain management code consistent with the intent and purpose of this floodplain management code and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this floodplain management code without the granting of a variance pursuant to section 13.178 through 13.185, appendix D, of this code.

(c)

Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the community, will:

(1)

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

(2)

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this floodplain management code;

(3)

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

(4)

Provide available flood elevation and flood hazard information;

(5)

Determine whether additional flood hazard data will be obtained from other sources or will be developed by an applicant;

(6)

Review applications to determine whether proposed development will be reasonably safe from flooding;

(7)

Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this floodplain management code is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

Coordinate with and provide comments to the building official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this floodplain management code.

(Ord. No. 2013-02, § 14(13.153), 1-22-2013)

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, will:

(1)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

(4)

Notify the applicant if it is determined that the work constitutes a substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the Florida Building Code and this floodplain management code is required.

(Ord. No. 2013-02, § 15(13.154), 1-22-2013; Ord. No. 2020-41, § 3, 8-25-2020)

Editor's note— Ord. No. 2020-41, § 3, adopted Aug. 25, 2020, changed the title of § 13.154 from "Duties and powers of the floodplain administrator; determinations for existing buildings and structures" to read as herein set out.

The floodplain administrator will review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood-resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to section 13.178 through section 13.185, appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 16(13.155), 1-22-2013)

The floodplain administrator will coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this floodplain management code.

(Ord. No. 2013-02, § 17(13.156), 1-22-2013)

The floodplain administrator will make the required inspections as specified in section 13.172 through 13.177, appendix D, of this floodplain management code for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator will inspect flood hazard areas to determine if development is undertaken without the issuance of a permit.

(Ord. No. 2013-02, § 18(13.157), 1-22-2013)

The floodplain administrator will have other duties, including but not limited to:

(1)

Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 13.154, appendix D, of this floodplain management code;

(2)

Require that applicants proposing alteration of a watercourse to notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);

(3)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available;

(4)

Review required design certifications and documentation of elevations specified by this floodplain management code and the Florida Building Code to determine that such certifications and documentations are complete;

(5)

Notify the Federal Emergency Management Agency when the corporate boundaries of Melbourne are modified; and

(6)

Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on flood insurance rate maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."

(Ord. No. 2013-02, § 19(13.158), 1-22-2013)

Regardless of any limitation on the period required for retention of public records, the floodplain administrator will maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this floodplain management code and the flood-resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of map change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this floodplain management code; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this floodplain management code and the flood-resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the city's code compliance division.

(Ord. No. 2013-02, § 20(13.159), 1-22-2013; Ord. No. 2020-41, § 4, 8-25-2020)

Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this floodplain management code, including but not limited to buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official if applicable, and shall obtain the required permit and approval. No such permit or approval shall be issued until compliance with the requirements of this floodplain management code and all other applicable codes and regulations have been satisfied.

(Ord. No. 2013-02, § 21(13.160), 1-22-2013)

Floodplain development permits or approvals shall be issued pursuant to this floodplain management code for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

(Ord. No. 2013-02, § 22(13.161), 1-22-2013)

Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 CFR sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this floodplain management code:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

Nonresidential farm buildings on farms, as provided in F.S. § 604.50.

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile or modular structures used as temporary offices.

(5)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(6)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(7)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8)

Temporary housing provided by the department of corrections to any prisoner in the state correctional system.

(9)

Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.

(Ord. No. 2013-02, § 23(13.162), 1-22-2013)

To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the city. The information provided must:

(1)

Identify and describe the development to be covered by the permit or approval;

(2)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site;

(3)

Indicate the use and occupancy for which the proposed development is intended;

(4)

Be accompanied by a site plan or construction documents as specified in sections 13.168 through 13.171 of this floodplain management code;

(5)

State the valuation of the proposed work;

(6)

Be signed by the applicant or the applicant's authorized agent; and

(7)

Give such other data and information as required by the floodplain administrator.

(Ord. No. 2013-02, § 24(13.163), 1-22-2013; Ord. No. 2023-06, § 1, 2-28-2023)

The issuance of a floodplain development permit or approval pursuant to this floodplain management code shall not be construed to be a permit for, or approval of, any violation of this floodplain management code, the Florida Building Codes, or any other code of the city. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions.

(Ord. No. 2013-02, § 25(13.164), 1-22-2013)

A floodplain development permit or approval will become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each must be requested in writing and justifiable cause must be demonstrated by the applicant.

(Ord. No. 2013-02, § 26(13.165), 1-22-2013)

The floodplain administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this floodplain management code or any other ordinance, regulation, or requirement of the city.

(Ord. No. 2013-02, § 27(13.166), 1-22-2013)

Floodplain development permits and building permits must include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following:

(1)

The St. Johns River Water Management District, F.S. § 373.036;

(2)

Florida Department of Health for onsite sewage treatment and disposal systems, F.S. § 381.0065 and chapter 64E-6, Florida Administrative Code;

(3)

Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line, F.S. § 161.141;

(4)

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit, F.S. § 161.055; and

(5)

Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers, Section 404 of the Clean Water Act.

(6)

Federal permits and approvals.

(Ord. No. 2013-02, § 28(13.167), 1-22-2013; Ord. No. 2020-41, § 5, 8-25-2020)

(a)

The site plan or construction documents for any development subject to the requirements of this floodplain management code must be drawn to scale and must include, as applicable to the proposed development:

(1)

Delineation of flood hazard areas, floodway boundaries and flood zone, base flood elevation, and ground elevation if necessary for review of the proposed development;

(2)

Where base flood elevations, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with section 13.169(2) or (3) of this floodplain management code;

(3)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with section 13.169(1) of this floodplain management code;

(4)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide;

(5)

Location, extent, amount, and proposed final grades of any filling, grading, or excavation;

(6)

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose;

(7)

Delineation of the coastal construction control line or notation that the site is seaward of the coastal construction control line, if applicable;

(8)

Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection; and

(9)

Existing and proposed alignment of any proposed alteration of a watercourse.

(b)

The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this floodplain management code but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this floodplain management code.

(Ord. No. 2013-02, § 29(13.168), 1-22-2013; Ord. No. 2020-41, § 6, 8-25-2020)

Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator will:

(1)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

(2)

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

(3)

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

a.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

b.

Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet; or

(4)

Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(Ord. No. 2013-02, § 30(13.169), 1-22-2013; Ord. No. 2020-41, § 7, 8-25-2020)

As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant must have the following analyses signed, sealed, and certified to and for reliance by the city by a Florida professional engineer licensed pursuant to F.S. ch. 471 for submission with the site plan and construction documents:

(1)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant must submit such analysis to FEMA as specified in section 13.171, appendix D, of this floodplain management code and must submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

(2)

For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways that have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH on the FIRM.

(3)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant must submit the analysis to FEMA as specified in section 13.171, appendix D, of this floodplain management code.

(4)

For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage.

(Ord. No. 2013-02, § 31(13.170), 1-22-2013; Ord. No. 2020-41, § 8, 8-25-2020; Ord. No. 2023-06, § 1, 2-28-2023)

When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses must be prepared by a Florida professional engineer licensed pursuant to F.S. ch. 471, in a format required by FEMA. Submittal requirements and processing fees are be the responsibility of the applicant.

(Ord. No. 2013-02, § 32(13.171), 1-22-2013)

Development for which a floodplain development permit or approval is required will be subject to inspection.

(Ord. No. 2013-02, § 33(13.172), 1-22-2013; Ord. No. 2023-06, § 1, 2-28-2023)

The floodplain administrator will inspect all development to determine compliance with the requirements of this floodplain management code and the conditions of issued floodplain development permits or approvals.

(Ord. No. 2013-02, § 34(13.173), 1-22-2013)

The floodplain administrator will inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this floodplain management code and the conditions of issued floodplain development permits or approvals.

(Ord. No. 2013-02, § 35(13.174), 1-22-2013)

Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, must submit to the floodplain administrator:

(1)

If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida professional surveyor licensed pursuant to F.S. ch. 472; or

(2)

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 13.169(3)(b), appendix D, of this floodplain management code, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(Ord. No. 2013-02, § 36(13.175), 1-22-2013; Ord. No. 2020-41, § 9, 8-25-2020)

As part of the final inspection, the owner or owner's authorized agent must submit to the floodplain administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations must be prepared as specified in section 13.175, appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 37(13.176), 1-22-2013)

The floodplain administrator will inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this floodplain management code and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the floodplain administrator.

(Ord. No. 2013-02, § 38(13.177), 1-22-2013)

The planning and zoning board will hear and decide on requests for appeals and requests for variances from the strict application of this floodplain management code. Pursuant to F.S. § 553.73(5), the planning and zoning board will hear and decide on requests for appeals and requests for variances from the strict application of the flood-resistant construction requirements of the Florida Building Code. This section does not apply to section 3109 of the Florida Building Code, Building.

(Ord. No. 2013-02, § 39(13.178), 1-22-2013; Ord. No. 2015-45, § 13, 9-8-2015)

The planning and zoning board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of this floodplain management code. Any person aggrieved by the decision of planning and zoning board may appeal such decision to a court as provided by the applicable rules of judicial procedure.

(Ord. No. 2013-02, § 40(13.179), 1-22-2013; Ord. No. 2015-45, § 13, 9-8-2015)

The planning and zoning board will base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 13.184, appendix D, of this floodplain management code, the conditions of issuance set forth in section 13.185, appendix D, of this floodplain management code, and the comments and recommendations of the floodplain administrator and the building official. The planning and zoning board has the right to attach such conditions as it deems necessary to further the purposes and objectives of this floodplain management code.

(Ord. No. 2013-02, § 41(13.180), 1-22-2013; Ord. No. 2015-45, § 13, 9-8-2015)

A variance will not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 13.170, appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 42(13.181), 1-22-2013)

A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood-resistant construction requirements of the Florida Building Code, Existing Building, chapter 12 Historic Buildings upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and that the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance will not be granted and the building and any repair, improvement, and rehabilitation will be subject to the requirements of the Florida Building Code.

(Ord. No. 2013-02, § 43(13.182), 1-22-2013; Ord. No. 2020-41, § 10, 8-25-2020)

A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this floodplain management code, provided the variance meets the requirements of section 13.181, appendix D, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(Ord. No. 2013-02, § 44(13.183), 1-22-2013)

In reviewing requests for variances, the planning and zoning board must consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this floodplain management code, and the following factors:

(1)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

(4)

The importance of the services provided by the proposed development to the community;

(5)

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

(6)

The compatibility of the proposed development with existing and anticipated development;

(7)

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

(8)

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

(9)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(10)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(Ord. No. 2013-02, § 45(13.184), 1-22-2013; Ord. No. 2015-45, § 13, 9-8-2015)

Variances will be issued only upon:

(1)

Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this floodplain management code or the required elevation standards;

(2)

Determination by the planning and zoning board that:

a.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and floodplain management code; and

c.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

(3)

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and

(4)

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(Ord. No. 2013-02, § 46(13.185), 1-22-2013; Ord. No. 2015-45, § 13, 9-8-2015)

Any development that is not within the scope of the Florida Building Code but that is regulated by this floodplain management code that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this floodplain management code, shall be deemed a violation of this floodplain management code. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this floodplain management code or the Florida Building Code is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 2013-02, § 47(13.186), 1-22-2013)

For development that is not within the scope of the Florida Building Code but that is regulated by this floodplain management code and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work.

(Ord. No. 2013-02, § 48(13.187), 1-22-2013)

Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, will be subject to penalties as prescribed by law or section 1-14 of the City Code of Ordinances.

(Ord. No. 2013-02, § 49(13.188), 1-22-2013)

Pursuant to section 13.162, appendix D, of this floodplain management code, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood-resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings must comply with the requirements of section 13.211 through section 13.218, appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 50(13.189), 1-22-2013)

If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area:

(1)

Buildings and structures must be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building section 3109 and section 1612 or Florida Building Code, Residential section R322.

(2)

Minor structures and non-habitable major structures as defined in F.S. § 161.54, must be designed and constructed to comply with the intent and applicable provisions of this floodplain management code and ASCE 24.

(Ord. No. 2013-02, § 51(13.190), 1-22-2013)

Subdivision proposals including, but not limited to, proposals for manufactured home parks or subdivisions shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths must be provided to guide floodwaters around and away from proposed structures.

(Ord. No. 2013-02, § 52(13.191), 1-22-2013)

Where any portion of proposed subdivisions, including but not limited to manufactured home parks or subdivisions, lies within a flood hazard area, the following shall be required:

(1)

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats;

(2)

Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with section 13.169(1), appendix D, of this floodplain management code; and

(3)

Compliance with the site improvement and utilities requirements of section 13.193 through 13.198, appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 53(13.192), 1-22-2013; Ord. No. 2020-41, § 11, 8-25-2020)

All proposed new development will be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public service utilities and facilities, including but not limited to sewer, gas, electric, communications, cable television, and water systems, are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths must be provided to guide floodwaters around and away from proposed structures and junction boxes.

(Ord. No. 2013-02, § 54(13.193), 1-22-2013; Ord. No. 2023-06, § 1, 2-28-2023)

All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems must be designed in accordance with the standards for onsite sewage treatment and disposal systems in chapter 64E-6, Florida Administrative Code, and ASCE 24 chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

(Ord. No. 2013-02, § 55(13.194), 1-22-2013)

All new and replacement water supply facilities must be designed in accordance with the water well construction standards in Chapter 62-532.500, Florida Administrative Code, and ASCE 24 chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

(Ord. No. 2013-02, § 56(13.195), 1-22-2013)

No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, will be authorized in the regulatory floodway, unless the floodway encroachment analysis required in section 13.170(1), appendix D, of this floodplain management code demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(Ord. No. 2013-02, § 57(13.196), 1-22-2013; Ord. No. 2023-06, § 1, 2-28-2023)

Subject to the limitations of this floodplain management code, fill must be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill must comply with the requirements of the Florida Building Code.

(Ord. No. 2013-02, § 58(13.197), 1-22-2013)

In coastal high hazard areas, alteration of sand dunes and mangrove stands will be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by section 13.170(4), appendix D, of this floodplain management code demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures must comply with section 13.218(3), appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 59(13.198), 1-22-2013; Ord. No. 2020-41, § 12, 8-25-2020)

All manufactured homes installed in flood hazard areas must be installed by an installer that is licensed pursuant to F.S. § 320.8249, and must comply with the requirements of Chapter 15C-1, Florida Administrative Code, and the requirements of this floodplain management code. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements.

(Ord. No. 2013-02, § 60(13.199), 1-22-2013; Ord. No. 2020-41, § 13, 8-25-2020)

All new manufactured homes and replacement manufactured homes installed in flood hazard areas must be installed on permanent, reinforced foundations that:

(1)

In flood hazard areas (Zone A) other than coastal high hazard areas are designed in accordance with the foundation requirements of the Florida Building Code, Residential section R322.2 and this floodplain management code.

(2)

In coastal high hazard areas (Zone V) are designed in accordance with the foundation requirements of the Florida Building Code, Residential section R322.3 and this floodplain management code.

(Ord. No. 2013-02, § 61(13.200), 1-22-2013; Ord. No. 2020-41, § 14, 8-25-2020; Ord. No. 2023-06, § 1, 2-28-2023)

All new manufactured homes and replacement manufactured homes must be installed using methods and practices which minimize flood damage and must be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

(Ord. No. 2013-02, § 62(13.201), 1-22-2013)

All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the higher of 36 inches above the highest adjacent grade or the elevation required, as applicable to the flood hazard area, in the state building code, residential section R3222.2 (Zone A) or section R322.3 (Zone V and Coastal A Zone).

(Ord. No. 2013-02, § 63(13.202), 1-22-2013; Ord. No. 2023-06, § 1, 2-28-2023)

Enclosed areas below elevated manufactured homes must comply with the requirements of the Florida Building Code, Residential section R322.2 or R322.3, for such enclosed areas, as applicable to the flood hazard area.

(Ord. No. 2013-02, § 64(13.203), 1-22-2013; Ord. No. 2020-41, § 15, 8-25-2020)

Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, must comply with the requirements of the Florida Building Code, Residential section R322, as applicable to the flood hazard area.

(Ord. No. 2013-02, § 65(13.204), 1-22-2013)

Recreational vehicles and park trailers placed temporarily in flood hazard areas must:

(1)

Be on the site for fewer than one hundred eighty (180) consecutive days; or

(2)

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

(Ord. No. 2013-02, § 66(13.205), 1-22-2013)

Recreational vehicles and park trailers that do not meet the limitations in section 13.205 of this floodplain management code for temporary placement must meet the requirements of section 13.199 through section 13.204, appendix D, of this floodplain management code for manufactured homes.

(Ord. No. 2013-02, § 67(13.206), 1-22-2013)

Underground tanks in flood hazard areas must be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

(Ord. No. 2013-02, § 68(13.207), 1-22-2013)

Above-ground tanks that do not meet the elevation requirements of section 13.209, appendix D, of this floodplain management code must:

(1)

Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

(2)

Not be permitted in coastal high hazard areas (Zone V).

(Ord. No. 2013-02, § 69(13.208), 1-22-2013)

Above-ground tanks in flood hazard areas must be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures must meet the foundation requirements of the applicable flood hazard area.

(Ord. No. 2013-02, § 70(13.209), 1-22-2013)

Tank inlets, fill openings, outlets and vents must be:

(1)

At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

(2)

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(Ord. No. 2013-02, § 71(13.210), 1-22-2013)

All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this floodplain management code or the Florida Building Code must:

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of section 13.196, appendix D, of this floodplain management code if located in a regulated floodway;

(3)

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

(4)

Be constructed of flood damage-resistant materials; and

(5)

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.

(Ord. No. 2013-02, § 72(13.211), 1-22-2013; Ord. No. 2020-41, § 16, 8-25-2020)

Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, must meet the limitations of section 13.196, appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 73(13.212), 1-22-2013)

Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways must meet the limitations of section 13.196, appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 74(13.213), 1-22-2013)

Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways must meet the limitations of section 13.196, appendix D, of this floodplain management code. Alteration of a watercourse that is part of a road or watercourse crossing must meet the requirements of section 13.170(3), appendix D, of this floodplain management code.

(Ord. No. 2013-02, § 75(13.214), 1-22-2013)

In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to:

(1)

Be structurally independent of the foundation system of the building or structure;

(2)

Be frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and

(3)

Have a maximum slab thickness of not more than four inches.

(Ord. No. 2013-02, § 76(13.215), 1-22-2013)

In addition to the requirements of the Florida Building Code, in coastal high hazard areas, decks and patios must be located, designed, and constructed in compliance with the following:

(1)

A deck that is structurally attached to a building or structure must have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation must comply with the foundation requirements that apply to the building or structure, which must be designed to accommodate any increased loads resulting from the attached deck.

(2)

A deck or patio that is located below the design flood elevation must be structurally independent from buildings or structures and their foundation systems, and must be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.

(3)

A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with more than the minimum amount of fill necessary for site drainage will not be approved, unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures.

(4)

A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection.

(Ord. No. 2013-02, § 77(13.216), 1-22-2013)

In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

(1)

Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

(2)

Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and

(3)

On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems.

(Ord. No. 2013-02, § 78(13.217), 1-22-2013; Ord. No. 2020-41, § 17, 8-25-2020)

In coastal high hazard areas:

(1)

Minor grading and the placement of minor quantities of nonstructural fill may be permitted for landscaping and for drainage purposes under and around buildings.

(2)

Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal may be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

(3)

Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology, and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

(Ord. No. 2013-02, § 79(13.218), 1-22-2013; Ord. No. 2023-06, § 1, 2-28-2023)

Non-elevated accessory structures. Accessory structures are permitted below elevations required by the state building code provided the accessory structures are used only for parking or storage and:

(1)

If located in special flood hazard areas (Zone A/AE) other than costal high hazard areas, are one-story and not larger than 600 square feet and have flood openings in accordance with section R322.2 of the state building code, residential.

(2)

If located in coastal high hazard areas (Zone V/VE), are not located below elevated buildings and are not larger than 100 square feet.

(3)

Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

(4)

Have flood damage-resistant materials used below the base flood elevation plus one foot.

(5)

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one foot.

(Ord. No. 2023-06, § 1, 2-28-2023)

(a)

Intent. This section implements the policy of the city for the processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities and/or handicaps as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHAA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"). For purposes of this section, a "disabled" person is an individual that qualifies as disabled and/or handicapped under the FHAA and/or ADA. Any person who is disabled qualifying for a reasonable accommodation may request a reasonable accommodation with respect to the city's land use or zoning laws as provided by the FHAA and the ADA and to establish relevant criteria to be used when considering such requests. The purpose of a reasonable accommodation is to modify a specific city requirement to ensure an individual with a disability and/or handicap has equal access to housing. This procedure refers to a limited set of applications; this procedure is not for qualified individuals to make aesthetic changes to property or to unnecessarily avoid regulations.

(b)

Application. A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the office of the city manager. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request including the following:

(1)

Name, address and telephone number of applicant.

(2)

Address of subject property.

(3)

Consent of the owner of the subject property.

(4)

Current use of the property.

(5)

Basis for the claim that the applicant is considered disabled qualifying for reasonable accommodation pursuant to the FHAA and/or the ADA.

(6)

The code provision, regulation or policy from which reasonable accommodation is being requested.

(7)

Identification of the specific accommodation requested and why the accommodation is necessary to make the subject property accessible to the individual.

(c)

Review authority. The request for reasonable accommodation shall be reviewed by the city manager.

(d)

Review procedures.

(1)

The request for a reasonable accommodation shall be reviewed by the city manager within 45 days of receipt of the completed reasonable accommodation request form.

(2)

Upon receipt of a completed request for reasonable accommodation, the city manager may evaluate the application and request staff to prepare a staff report to address the factors listed in sub-section (e) and recommendation of such conditions as may be determined to be necessary to grant a reasonable accommodation given the context of the application.

(3)

If reasonably necessary to reach a determination on the application for reasonable accommodation, the city manager may request additional information from the applicant, specifying in sufficient detail what information is required. The applicant shall have 15 days after the date of the request for additional information to provide the requested information to the city manager. In the event a request for additional information is made, the city manager shall have an additional 45-day period after the receipt of the additional information to review the application. If the applicant fails to provide the requested additional information within said 15-day period, a written notice will be issued advising that the applicant failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the city with regard to said reasonable accommodation request shall be required.

(4)

In making a determination on the application for reasonable accommodation, the city manager shall consider the application, the staff report, if applicable, and any other relevant evidence concerning the request for a reasonable accommodation.

(5)

A written determination conforming to the decision of the city manager shall be rendered within 15 days of the completed review. Any modification to City Code shall be set forth in the written determination with specificity. The written determination may, in accordance with federal law: (i) grant the accommodation request; (ii) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or (iii) deny the request. Any such denial shall be in writing and shall state the grounds for the determination.

(6)

The written determination shall be sent to the applicant to the address set forth on the application.

(e)

Findings. The written decision of the city manager on an application for a reasonable accommodation shall be consistent with the FHAA and/or ADA and based on the following factors:

(1)

Whether the housing, which is the subject of the request, will be used by the individual with a disability qualified for protection under the FHAA and/or ADA. For purposes of this section individuals with disabilities and/or handicapped individual must show: (i) a physical or mental impairment which substantially limits one or more major life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment.

(2)

Whether the requested accommodation is reasonable and necessary to provide equal opportunity to the individual with a disability to use and enjoy a dwelling.

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of the land use and zoning regulations of the city, in which instance it would not be deemed to be reasonable.

(5)

Potential impact on surrounding uses.

(6)

Physical attributes of the property and structures.

(7)

Alternative accommodations which may provide an equivalent level of benefit.

(f)

Duration of reasonable accommodation.

(1)

A reasonable accommodation is specific to the individual with a disability living at the identified property and does not run with the land unless the written determination also finds that the modification is physically integrated into the structure and cannot be easily removed or altered to comply with the city's zoning regulations.

(2)

Unless otherwise provided in the written determination, within 60 days of the termination of the tenancy of the individual with the disability, the reasonable accommodation shall be removed.

(g)

Applicable general provisions.

(1)

An individual with a disability may apply for a reasonable accommodation on his own behalf or may be represented at all stages of the reasonable accommodation process by an attorney, legally appointed guardian, or other person designated by the individual with a disability as a power of attorney.

(2)

The city shall provide such assistance and accommodation as is required pursuant to FHAA and ADA in connection with a disabled person's request for reasonable accommodation to ensure the process is accessible.

(3)

In the event that a reasonable accommodation is granted, the applicant shall comply with any and all applicable building and/or engineering permitting processes required by City Code.

(4)

A reasonable accommodation does not alter an individual's obligation to comply with other applicable federal, state, county or city requirements, rules, regulations, or laws.

(Ord. No. 2019-57, § 5, 12-10-2019)

(a)

Intent. Pursuant to F.S. § 286.0115(1), it is the intent of the city council that this section is intended to remove the presumption of prejudice from ex parte communications with city officials and to permit site visits, the receipt of expert opinion, and the review of mail and other communications relating to certain quasi-judicial proceedings by said city officials. No permission pursuant to F.S. § 286.0115, to engage in ex parte communications or to conduct site visits, receive expert opinion at other than an advertised public hearing, or to review mail and other communications is authorized by the city council pursuant to this section, except for the quasi-judicial matters set forth herein and only to the extent set forth below.

(b)

Definitions. As used in this section, the following terms shall be defined as follows:

(1)

City official means and refers to a member of the city council, the planning and zoning board, the local planning agency, the zoning board of adjustment or the historic and architectural review board.

(2)

Ex parte communication means a communication involving a city official and a member of the public, city staff, or a city consultant regarding a pending quasi-judicial permit application or appeal, such that the city official may be exposed to only one perspective or part of the evidence with regard to a quasi-judicial matter pending before the city council or board on which the city official serves.

(3)

Member of the public refers to any person interested in a quasi-judicial permit application or appeal, including, but not limited to, a permit applicant, an appellant from a city administrator's decision, an officer or member of a homeowners' association, an officer or member of an environmental, homebuilding/development, or concerned citizens' organization, an official or employee of a governmental entity other than the city, a developer, a property owner, or an interested citizen, or a representative or attorney for any of the foregoing.

(4)

Quasi-judicial refers to a zoning or building related permit or appeal or the opening, diverting, narrowing, straightening, widening or vacating of any roadway, alley, easement, public highway, street or right-of-way, as set forth below, in which city officials give notice and an opportunity to be heard to certain substantially affected persons, investigate facts, ascertain the existence of facts, hold hearings, weigh evidence, draw conclusions from the facts, and apply the law to the facts, as the basis for their decision. The following are the only quasi-judicial matters subject to this section:

(A)

Applications for historic designation and a certificate of historic appropriateness pursuant to chapter 20, article VIII, Melbourne City Code, applications for tax exemptions pursuant to chapter 54, article VII, Melbourne City Code, and appeals regarding the same, as considered by the historic and architectural review board and the city council;

(B)

Site specific rezonings of land pursuant to article IX, appendix B, Melbourne City Code, which rezoning will have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application rather than policy setting;

(C)

Applications for approval or amendment of a conditional use pursuant to article IX, appendix B, Melbourne City Code;

(D)

Applications for approval, amendment, or extension of time of an approval of a site plan considered by the city council and the planning and zoning board pursuant to article IX, appendix B, Melbourne City Code;

(E)

Applications for a special permit issued pursuant to appendices B or D, Melbourne City Code;

(F)

Applications for plat approval (preliminary and final) pursuant to appendix D, chapter 8, Melbourne City Code;

(G)

Applications for a vested rights special permit pursuant to article III of this chapter;

(H)

Variances considered by the zoning board of adjustment:

1.

Pursuant to article IX, appendix B, Melbourne City Code (zoning code);

2.

Pursuant to section 9.51, appendix D, Melbourne City Code (standards for walls and fences); and

3.

Pursuant to section 11.08, appendix D, Melbourne City Code (signs and advertising);

(I)

Variances considered by the planning and zoning board:

1.

Pursuant to recommendations by the historic and architectural review board for variances of individually designated historic resources;

2.

Pursuant to specific provisions of the City of Melbourne Stormwater Management Ordinance, chapter 50, Melbourne City Code;

3.

Pursuant to the floodplain management code, appendix D, chapter 13, article IX;

4.

Pursuant to the Melbourne Building Code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

5.

Pursuant to the Melbourne Plumbing Code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

6.

Pursuant to the Melbourne Gas Code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

7.

Pursuant to the Melbourne Mechanical Code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

8.

Pursuant to the Melbourne Electrical Code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code; and

9.

Pursuant to the Melbourne Fire Prevention Code, as adopted pursuant to section 28-44, Melbourne City Code;

(J)

Subdivision variances considered by the city council and planning and zoning board;

(K)

Appeals heard by the zoning board of adjustment from an:

1.

Interpretation by the code compliance director of the preservation and landscape design code, appendix D, chapter 9, article XV, Melbourne City Code, pursuant to section 9.276, appendix D, Melbourne City Code;

2.

Order of the building official relating to newsracks, chapter 52, article V, Melbourne City Code, pursuant to section 52-138, Melbourne City Code;

3.

Interpretation of the zoning code by the community development director pursuant to appendix B, Melbourne City Code;

(L)

Appeals heard by the planning and zoning board from a:

1.

Reserved;

2.

Determination of the city engineer relating to stormwater regulation in chapter 50, Melbourne City Code, initiated pursuant to section 50-55, Melbourne City Code;

3.

Determination of the city engineer in the interpretation of water rates, wastewater/sewer rates, charges, impact fees, and other fees, pursuant to chapter 58, Melbourne City Code;

4.

Determination of the building official and/or city engineer pursuant to appendix D, sections 3.102, 3.103, 10.03, 10.04, 10.05, 10.06, 10.10, 10.42, and 10.46;

5.

Determination of the building official relating to the City of Melbourne Building Code pursuant to said code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

6.

Determination of the building official relating to the City of Melbourne Plumbing Code pursuant to said code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

7.

Determination of the building official relating to the City of Melbourne Gas Code pursuant to said code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

8.

Determination of the building official relating to the City of Melbourne Mechanical Code pursuant to said code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code;

9.

Determination of the building official relating to the City of Melbourne Electrical Code pursuant to said code, as adopted pursuant to appendix D, chapter 13, Melbourne City Code; and

10.

Determination of the fire official relating to the City of Melbourne Fire Prevention Code pursuant to said code, as adopted pursuant to section 28-44, Melbourne City Code;

(M)

Appeals heard by the city council from an interpretation of the comprehensive plan by the city manager pursuant to section 4.14, appendix D, Melbourne City Code;

(N)

Appeals from planning, zoning, building or other staff officials whose decisions are subject to appeal to the city council or other city board;

(O)

Appeals heard by the city council and the local planning agency from a determination regarding concurrency by city staff pursuant to section 3.08, appendix D, Melbourne City Code;

(P)

Applications for the opening, diverting, narrowing, straightening, vacation, or widening of any alley, street, public highway, right-of-way, roadway or easement (preliminary and final) pursuant to sections 52-94 to 52-99, Melbourne City Code, F.S. chs. 166 or 177, or other provisions of law;

(Q)

Applications for statutory developer's agreements pursuant to article VIII, chapter 3, appendix D, Melbourne City Code, and appeals and performance reviews regarding the same, as considered by the city council and the local planning agency; and

(R)

Applications for certificates of architectural appropriateness pursuant to chapter 20, article IV, Melbourne City Code, as considered by the historic and architectural review board.

(S)

Appeals heard by the city council from a determination of the historic and architectural review board in its decision on an application for a certificate of architectural appropriateness pursuant to section 20-137, Melbourne City Code.

(5)

Site visit means an individual's inspection of real property subject to an application for any quasi-judicial permit or appeal prior to a public hearing on the permit application or appeal conducted by a city official. The mere act of driving by a site in the daily course of driving to a particular location, such as work or a particular store, which act is not undertaken for the purpose of inspecting a particular parcel of real property is not a site visit for purposes of this section.

(c)

Ex parte communications between city officials and members of the public.

(1)

Except as otherwise provided in subsection (c)(4) below, a member of the public not otherwise prohibited by statute, Charter provision or ordinance may have an ex parte communication with any city official regarding any quasi-judicial matter on which action may be taken by the city council or board on which the city official serves; provided that the city official adheres to the disclosure requirements set forth in subsection (c)(3) below.

(2)

Except as otherwise provided in subsection (c)(4) below, by statute, Charter provision, or ordinance, any city official may have an ex parte communication with any expert witness or consultant regarding any quasi-judicial matter on which action may be taken by the city council or board on which the city official serves; provided that the city official adheres to the disclosure requirements set forth in subsection (c)(3) below.

(3)

Disclosure.

(A)

The city official shall disclose the occurrence of all ex parte communications involving said city official which relate to the quasi-judicial action pending before the city council or board on which the city official serves.

(B)

Disclosure of the ex parte communication. Disclosure shall occur by no later than the commencement of the final public hearing, or if no formal public hearing is held, then at the commencement of any hearing at which the final decision regarding the quasi-judicial matter is made. The city official shall disclose the ex parte communication verbally or by memorandum. Any such memorandum disclosing the occurrence of the ex parte communication shall be placed in the official file regarding the pending quasi-judicial matter which file shall be maintained in the community development department. By no later than the commencement of the final hearing leading to a final decision on the pending quasi-judicial matter by the city official's city council or board, the memorandum shall be made a part of the record.

(C)

At the time of disclosure, the city official shall identify the person, group, or entity with whom the ex parte communication took place, the substance of the ex parte communication, and any matters discussed which are considered by the city official to be material to said city official's decision in the pending quasi-judicial matter.

(4)

City officials who are members of the city zoning board of adjustment shall not be permitted to engage in ex parte communications with members of the public or to discuss or receive opinions from an expert witness or consultant regarding a quasi-judicial matter pending before said city official's board at other than a formally noticed hearing of the city council or board on which said member serves. In the event that a city official who is a member of the city zoning board of adjustment engages in an ex parte communication with a member of the public or receives an opinion from an expert witness or consultant, regarding a matter pending before the board on which said city official serves as a member, said city official is required to disclose the ex parte communication or opinion received from the expert witness or consultant in the manner set forth in subsection (c)(3).

(d)

Oral or written communications between city staff and city officials. City officials may discuss quasi-judicial matters pending before the city council or board on which said city official serves with city staff; provided that the city official makes a disclosure pursuant to subsection (c)(3).

(e)

Site visits by city officials. Any city official may conduct a site visit of any property related to a quasi-judicial matter pending before the city council or board on which the city official serves; provided that the city official adheres to the disclosure requirements set forth in subsection (c)(3) above. Any disclosure of a site visit pursuant to subsection (c)(3) shall disclose the existence of the site visit, and any information obtained by virtue of the site visit considered by the city official to be material to said official's decision regarding the pending quasi-judicial matter.

(f)

Review of mail, correspondence, and written communications by city officials. Any city official may review mail, correspondence, or written communications, related to a quasi-judicial matter pending before the city council or board on which the city official serves. Immediately upon review of the mail, correspondence, or written communication, the document shall be placed in the official file regarding the pending quasi-judicial matter and maintained in the community development department.

(g)

Community development department file. All correspondence, mail, or written communications reviewed by city officials prior to the final hearing on a pending quasi-judicial matter shall be placed in the official file regarding said matter and maintained by the community development department. Said correspondence, mail, or written communications reviewed by city officials prior to the final hearing on a pending quasi-judicial matter, or any disclosure memoranda as described in subsection (c)(3)(B), shall be available for public inspection. By no later than the commencement of the final public hearing, or if no formal public hearing is held, then at the commencement of any hearing at which the final decision regarding the quasi-judicial matter is made, the community development director shall make said correspondence, mail, written communications, or other matters, and any disclosure memoranda placed in the official file, a part of the record. All of the foregoing documents shall be received by the city council or board as evidence, with the exception of disclosure memoranda, subject to any objections interposed by participants at the hearing.

(h)

Opportunity to comment upon substance of disclosure. At such time that a disclosure regarding an ex parte communication, receipt of an expert opinion, site visit, or review of mail, correspondence, or other written communication is made a part of the record at a hearing, persons who may have opinions or evidence contrary to those expressed in the ex parte communication, expert opinion, or mail, correspondence, or other written communication, or noted during the site visit, shall be given a reasonable opportunity to refute or respond and provide contrasting information, evidence, or views.

(Ord. No. 95-40, § 1, 9-12-1995; Ord. No. 96-35, § 3, 6-25-1996; Ord. No. 2001-28, § 1, 6-12-2001; Ord. No. 2008-05, § 1, 2-12-2008; Ord. No. 2015-45, § 10, 9-8-2015; Ord. No. 2016-22, § 7, 4-26-2016; Ord. No. 2019-02, § 2, 2-12-2019)

State Law reference— Disclosure of ex parte communications in quasi judicial proceedings, F.S. § 286.0115; open meetings law, F.S. § 286.011.

Because a determination that a vested right exists could have a negative impact on the city comprehensive plan or land development regulations, as amended from time to time, this article does not and shall not be construed to accord any rights or privileges to an applicant which would not otherwise be found to exist in a court of law or equity in the absence of this article. The finding that a vested right exists, or the issuance of a development order based upon such a finding, shall only be made to the minimum extent necessary to preserve and protect the legal rights of the applicant. Further, this article and the permits and procedures set forth herein shall not be applicable to transportation impact fees pursuant to chapter 10, appendix D, Melbourne City Code.

(Code 1984, § 10-121; Ord. No. 88-53, § 1, 12-13-1988; Ord. No. 95-42, § 2, 9-12-1995; Ord. No. 2001-11, § 1, 2-27-2001)

As used in this article, the following definitions shall mean:

(1)

Applicant means any person, partnership, corporation, or other legal entity having a mortgage interest or an ownership interest, whether legal or equitable, in a parcel of land in the city, or his attorney-in-fact, who applies for a development order.

(2)

Development shall be defined as set forth in F.S. § 380.04, as amended from time to time.

(3)

Development order means any order granting, with or without conditions, a development permit including any building permit, zoning approval, rezoning, subdivision approval, site plan approval, conditional use, certification, variance or other official action of the city having the effect of permitting the development of a parcel of land.

(4)

Investment-backed expectation means and refers to the expenditure of substantial sums of money by the applicant which cannot be recovered by the applicant, or an irreversible and substantial change of position that imposes on the applicant an obligation to expend sums of money in the future.

(5)

Land development regulation means an ordinance that has an adverse and material effect upon the applicant's claim to a vested right to commence and construct a specific type, level, nature, density, or intensity of development and which said ordinance is for the regulation of any aspect of development, including any city comprehensive planning, zoning, rezoning, subdivision, building construction, site planning, sign regulation, or any other regulations controlling the development of land.

(6)

Parcel of land means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner as land to be used, or developed, as a unit or which has been developed as a unit.

(7)

Pending means the date on which a proposed change in the city comprehensive plan or a land development regulation became pending. For a comprehensive plan or a land development regulation to be pending, it does not have to be before the city council, provided the appropriate administrative department of the city is actively pursuing it. Mere thoughts or comments by city employees concerning the desirability of a change are not enough to make the provision pending. There must be active and documented efforts on the part of those authorized to do the work which, in the normal course of city actions, culminates in the comprehensive plan or land development regulation adoption or amendment. The city council or local planning agency must at least be aware that these efforts are going forward. For a comprehensive plan or land development regulation to be pending, however, it is not essential that the property owners be advised of these activities. If the pending change in the comprehensive plan or a land development regulation is immediately preceded by a period in which a building, zoning or other moratoria, stop-gap or interim land development regulation existed which limited the ability of the applicant or the applicant's predecessor in interest to request changes in the pre-existing land development regulation, then the date on which the provision in the comprehensive plan or a land development regulation defeating the applicant's vested right shall be the date on which the proposed predecessor moratorium, stop-gap or interim land development regulation became pending.

(Code 1984, § 10-122; Ord. No. 88-53, § 1, 12-13-1988; Ord. No. 2001-11, § 1, 2-27-2001)

(a)

Application for vested rights special permit. Upon application and review, the city council may grant, as a special permit, an exception to the otherwise applicable provisions of the city comprehensive plan or any land development regulations in the city code, except for transportation impact fees pursuant to chapter 10, appendix D, Melbourne City Code and the provision of mobility improvements pursuant to chapter 3, appendix D, Melbourne City Code. Said special permit shall specify the specific type, density, or intensity of development of a specifically described parcel of land or to any other person or legal entity. However, additional special permits may be issued to other persons or legal entities satisfying the requirements of this article. The special permit may be granted whenever the city council finds that the applicant has demonstrated that the applicant has a pre-existing vested right to commence or complete construction on a specific development. The special permit may be granted with or without conditions depending upon presented evidence.

(b)

Considerations for determination of vested rights. In determining whether a right to commence or complete construction of a specific type, density, or intensity of development has vested the following factors, as the evidence shall deem to be appropriate, shall be considered:

(1)

Whether there has been an act or omission to act by the city which would give rise to a vested right, the date of such act or omission, and the official position of the person responsible for the act or omission.

(2)

With reference to the act or omission to act referenced in subsection (b)(1) above, whether the city official acted or omitted to act within the course and scope of his personnel rank job duties, and official position.

(3)

Whether the applicant made a substantial change in position or has an investment-backed expectation, based upon an unexpired act, or omission to act, of the city including:

a.

The nature of the applicant's change in position or investment-backed expectation.

b.

Expenditure of money or obligation to expend funds.

c.

The amount of funds spent or obligated.

d.

Dates of expenditures or incurrence of the obligation, acts committed which represent a change in position, and dates thereof.

(4)

Good faith of the applicant in substantially changing its position, or the incurring of extensive obligations and expenses based upon the city's actions or omissions to act.

(5)

Any acts of the applicant (and the dates thereof) associated with physical improvements on the parcel of land in question such as grading, installation of utility infrastructure or public improvements, or any acts of the applicant (and the dates thereof), including dedication of land to the city or any other governmental entity, payment of fees such as, but not limited to, impact fees, design fees of specific buildings, and design fees for improvements to be constructed on the site.

(6)

The extent to which the applicant has secured building permits for, and commenced or completed, the construction of subdivision improvements and buildings upon part but not all of the development project that was contemplated to extend over a period of months or years.

(7)

Whether the applicant prior to or on the date of the change in the comprehensive plan or land development regulation defeating the applicant's vested right became pending has made contractual commitments to complete structures or deliver title thereto or occupancy thereof and the dates of and amounts of money involved in said commitment.

(8)

Whether prior to the date the comprehensive plan or land development regulation became pending, the applicant incurred financial obligations to a lending institution which the applicant will be unable to meet, and whether it would be inequitable and unjust to require the applicant to meet the new regulations, and therefore should be permitted to proceed with the previously permitted type, density, or intensity of development.

(9)

Whether enforcement of the terms of the currently effective comprehensive plan or any land development regulation, claimed to defeat the applicant's right to develop a parcel of land will expose the applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after thorough review of alternative solutions, to earn a reasonable return on his investment in the parcel of land.

(10)

Whether the applicant has a vested right to commence and complete only a portion of a proposed development on all or a portion of the applicant's parcel of land.

(11)

That the applicant owned an interest in the parcel of land proposed to be developed on the date of the change in the comprehensive plan or land development regulation and that the specific type, density, or intensity of development proposed for the parcel of land was lawful and permitted at that time.

(12)

Whether the applicant has continuously owned the parcel of land since the date of the change in the comprehensive plan or land development regulation until the date of the public hearing before the city council on the special permit application.

(13)

Whether requiring that the applicant's parcel of land be developed in accordance with the currently effective city comprehensive plan or city land development regulation restrictions will deprive the applicant of a reasonable rate of return on his investment or substantial change in position, or otherwise unjustly deprive the applicant of its vested rights. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment:

a.

Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the type, density, or intensity of development claimed by the applicant to be vested.

b.

Expenditures for taxes, except for any increases in tax expenditures which result from issuance of development order which would now be contrary to the currently existing city comprehensive plan or relevant land development regulation.

c.

Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obligated to incur as an ordinary and necessary business expense (for example, employees salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated or a development order not been issued, for the type, density, or intensity of development now claimed by the applicant to be vested.

(14)

Any other information relevant to discerning the applicant's claim to vested rights to develop its parcel of land in a particular manner that may be pertinent under Florida or federal law, including the existence of an imminent peril to the public health, safety, welfare, economic property, general order, aesthetics, or appearance which should preclude approval of a vested rights special permit.

(c)

Vested rights. The right of the applicant to commence or complete construction of development of a type, density, or intensity of development, on the applicant's parcel of land, or a portion thereof, is vested, if the applicant can demonstrate to the satisfaction of the city by substantial, competent evidence that:

(1)

The currently effective city comprehensive plan or portion thereof, or a land development regulation, has a material and adverse effect upon the applicant's vested right to develop the subject parcel of land.

(2)

By application of the considerations set out in subsection (b) hereof the applicant in good faith upon some act or omission of the city has made such a substantial change in position or has an investment-backed expectation that would make it inequitable and unjust to destroy the right of the applicant to commence or complete a certain type, density, or intensity of development upon all or a portion of the applicant's parcel of land.

(3)

The fact that the parcel of land has been or is in a particular zoning or comprehensive planning land use district or classification under the currently effective, or any prior, city comprehensive plan or land development regulation, shall not, in and of itself, establish that an applicant's right to commence or complete construction of a certain type, density, or intensity of development has vested. If it is determined that there is an imminent peril to the public health, safety, welfare, general order, economic prosperity, aesthetics, or appearance or that the public cost outweighs the applicant's vested right, the special permit may be denied.

(d)

Application.

(1)

Any applicant may file an application for a special permit determining that the applicant's right to commence or complete a specific type, density, or intensity of development on a parcel of land has vested. Such application shall be filed with the city community development director and shall contain:

a.

A concise and complete recital of the facts, including dates of expenditures or obligation to expend funds, dollar amounts, the nature of expenditures or obligation to expend funds, and other factors which are claimed to support the claim to a vested right to commence or complete a specific type, density, or intensity of development.

b.

A legal description of the parcel of land and survey thereof upon which the applicant claims to have vested development rights.

c.

The applicant's name, address, and telephone number.

d.

The name, address and telephone number of any attorney or agent who is or will be representing the applicant.

e.

A title opinion of a Florida attorney (which opinion is in a form acceptable to and in favor of the city), abstract of title, or other evidence demonstrating that the applicant has continuously held title to the parcel of land described in the application from the date on which the comprehensive plan or land development regulation change became pending until at least two weeks prior to the date of application for a special permit together with a description of the extent and quality of ownership of the parcel of land during said period. As of the date of final approval of any vested rights special permit, the applicant may be required by the city to update the foregoing information to the date of approval of any vested rights special permit.

f.

An affidavit under penalty of perjury verified, or executed before a notary public (and thereafter subscribed to by said notary public), by the applicant attesting to the truth, accuracy and veracity of the application and all attachments thereto.

g.

Such other information relevant to the standards and factors in this article as the community development director may specify.

(2)

The applicant shall attach to the application original or photographically reproduced copies of all documents or other relevant evidence. Said attachments shall be deemed to be a part of the application.

(3)

Application fee. No fee shall be required to file an application for vested rights.

(e)

Local planning agency review. A public hearing shall be held by the local planning agency on the application for a special permit for vested rights determination. Within 45 days after the public hearing, the local planning agency shall forward its written findings and recommendations to the city manager. A copy of the findings and recommendations shall also be mailed to the applicant. Said findings of fact and recommendation shall be advisory in nature.

(f)

City council review. Within 30 days of the date, the local planning agency has forwarded its findings of fact and recommendations with the city manager, the city council shall hold a public hearing on the application for a special permit. Within 45 days after the public hearing on the application for the special permit, the city council shall vote on the vested rights request and shall file its written findings and order of determination of the existence or nonexistence of vested rights with the city clerk. A copy will be forwarded to the community development director, and the applicant. The order shall either issue a special permit, issue the special permit with conditions, or deny the special permit application.

(g)

Application deadline. A person or legal entity shall have one year after the effective date of a provision in the comprehensive plan or a land development regulation that defeats said person's or legal entity's vested right to file an application for vested rights. Failure to make such application shall be interpreted as waiver of a vested development right, as well as a waiver to any right to claim that the aforementioned provision in the comprehensive plan or land development regulation defeats or otherwise improperly operates counter to said person's or legal entity's vested development right.

Although the one-year time period may, in the opinion of the aggrieved person or legal entity, have passed, any person or legal entity who believes that its vested rights may be abrogated by any provision in the comprehensive plan or by a land development regulation must, prior to seeking judicial relief, first file a complete application for a vested rights permit so that a determination can be made whether the one-year application deadline has actually passed and whether other provisions of the comprehensive development plan or land development regulations may preserve the applicant's vested rights.

(h)

Judicial review. Any person or legal entity aggrieved by a determination of the city council to deny, grant, or grant with conditions a vested rights special permit may seek judicial review by filing a petition for writ of certiorari in the circuit court seeking review. Said petition must be filed within 30 days after the date of rendition of the final order of the city council and pursuant to the requirements of the Florida Rules of Appellate Procedure.

(Code 1984, § 10-123; Ord. No. 88-53, § 1, 12-13-1988; Ord. No. 95-42, § 3, 9-12-1995; Ord. No. 2001-11, § 1, 2-27-2001; Ord. No. 2013-36, § 1(10-123), 5-28-2013)

This chapter of the land development code shall be known as, and may be cited as, the "Melbourne Concurrency Code."

For purposes of this code, the following terms shall have the meanings set forth below, unless the context clearly indicates otherwise.

Accepted engineering principles means and refers to engineering concepts generally accepted by the broad base of professionals in the particular engineering discipline for which a concurrency evaluation is being conducted.

Adjacent concurrency service area means a school concurrency service area, which is contiguous and touches the boundary of another school concurrency service area along one side to the extent practicable, taking into account water bodies and limited access interstate corridors.

Applicant means any person having an ownership or leasehold interest, whether legal or equitable, in a parcel of land in the city, or said person is attorney-in-fact, who applies for a development order.

Assured construction means and refers to construction improvements to a public facility scheduled to be made to a major thoroughfare link or other roadway, wastewater treatment facility, potable water supply facility, stormwater management system, parks and recreation system, or solid waste disposal facility, or construction or obtaining one of the foregoing by one or more of the following means:

(i)

For parks and recreation system, stormwater management systems, drainage retention systems, or major thoroughfare link or other roadway improvements, or for solid waste disposal facilities, wastewater treatment facilities or potable water supply facilities, all in relation to a non-final development order, inclusion in the adopted five-year schedule of capital improvements in the capital improvements element of a local government or in the state's five-year schedule of capital improvements, of a funded improvement; provided that, the aforementioned schedule is realistic, financially feasible, is based on currently available revenue sources, and contains estimated project completion dates for the affected public facility; or

(ii)

For wastewater treatment facilities, solid waste disposal facilities, and potable water supply facilities, if the development permit is a final development order, construction of the facility must be complete, and the facility must be operable and able to supply all capacity needed for a particular proposed project or phase thereof, all prior to issuance of a certificate of occupancy for structures within the proposed project or phase thereof. For any programmed construction to be considered to be assured construction pursuant hereto, the necessary right-of-way or property needed for the public facility and service must have been obtained prior to the issuance of the development order, and at a minimum, subject to: a binding contract for purchase, currently filed and pending condemnation lawsuit, or binding, uncontested agreement or condition of development approval. If the assured construction (other than for wastewater treatment, solid waste, or potable water) which was relied upon for the issuance of a development order, pursuant to section 3.06(a), was included in the five-year capital improvements program of a local government or the state and the amount of construction or timing of the construction is subsequently deleted from the five-year capital improvements program, final development orders for a proposed project or phase thereof, which proposed project or phase was conditioned on that particular construction may be granted, notwithstanding the original phasing schedule for the deleted construction, as though the construction was completed in accordance with the five-year capital improvements program upon which the development order was based; provided further, that the necessary right-of-way or property has been acquired. For purposes of this paragraph, "deletion" shall mean the elimination of the construction program, the material reduction in the scope of construction work or funding thereof (as it affects the construction program), the postponement of the construction project in the five-year capital improvements program for more than one year beyond the year the construction was originally programmed and funded in the five-year capital improvements program, the failure to let a construction contract, or the removal of or failure to continue funding of the construction program; but shall not include construction delays, design delays, contracting delays, or similar delays.

Available means that a particular public facility and service will be provided as follows:

(1)

The public facility and service is in place to serve a proposed project at the time a development order is granted;

(2)

A development order is issued subject to the condition that the particular and necessary public facility and service will be in place when the impact upon the public facility and service of the project occurs;

(3)

The necessary public facility is under construction at the time a development order is issued;

(4)

The necessary public facilities and services are the subject of a binding executed contract for the construction of the public facilities or provision of services at the time the development order is issued;

(5)

The necessary public facilities and services are guaranteed in an enforceable development agreement, including but not limited to a developer's agreement or agreement or development order issued pursuant to F.S. ch. 380; or

(6)

Construction of the public facility is assured construction.

Average annual daily traffic (AADT) means and refers to the average of two consecutive 24-hour weekday traffic counts taken at one location, with one count being taken in the peak season and the other in the off-peak season. The traffic volume map(s) shall normally be used to determine existing AADT for the city. Average annual daily traffic existing shall be established by averaging the peak season and off-peak season traffic counts. However, in all cases, where newer data is available from the Florida Department of Transportation or Brevard County and such newer data is substantially consistent with this code, such newer data shall be used. An applicant may provide a traffic count which may be used, subject to the approval of the community development director, based upon accepted traffic engineering principles, and consistent with this chapter 3 instead of the counts on the traffic volume map(s) or where such counts are not available.

Average peak hour volume means and refers to the average of peak season and off-peak season turning movements.

Background traffic means and refers to the projected traffic generation from previously approved but incomplete projects, as described in section 3 .22(b)(2)h.

Building permit means and refers to a development order issued pursuant to the City of Melbourne Building Code.

Buildout period means and refers to the time between the issuance of a development order and completion of a proposed project. The buildout period of the proposed project shall be subject to the review and approval of the community development director, based on the following criteria: (i) The size, type and location of the proposed project; (ii) Customary buildout periods for projects of similar size, type, and location; and (iii) Any other factors or conditions relevant to the specific project, including special market conditions and schedules of assured construction. Completion of a project shall mean the issuance of the final certificates of occupancy for structures in a project. In the case of a commercial project, final certificates of occupancy for interior tenant improvements for 80 percent of the gross leasable area shall be the completion of the proposed project. In the case of a residential subdivision project, issuance of final certificates of occupancy for 75 percent of the units, or structures on 75 percent of the lots in the project shall be completion of the project.

Capacity means and refers to the availability of a public service or facility to accommodate users, expressed in an appropriate unit of measure, such as gallons per day or average daily trip ends.

Capacity enhancement agreement (school) means an agreement that shall provide mitigation measures required to accommodate the estimated number of students that would be generated by proposed development requiring a future land use map amendment and/or rezoning.

Capacity reservation extension means and refers to an extension of the previously existing reservation of capacity for concurrency purposes in transportation, water or sewer capacity to serve a specific parcel of real property. The extension of the reservation of transportation, water or sewer may only be made if the capacity has been previously reserved and the pre-existing reservation has not expired. The capacity reservation extension will only reserve transportation, water or sewer capacity and extend a finding of non-deficiency for an additional period beyond the effective date of the initial time of capacity reservation.

Capacity reservation period means and refers to a period of time that occurs after a determination of available capacity for infrastructure is made and at which time sufficient capacity is held for a specific development project that shall remain valid for the time period as described in this section.

Capital outlay committee (COC) means the committee responsible for the oversight of school concurrency.

Captured trips means and refers to trips not generated by a proposed project which are passing trips already on the roadway on which the proposed project is to be located.

Common means and refers to any vehicular, pedestrian, or transit impact that transcends adjacent mobility district boundaries.

Community development director means and refers to:

(i)

The individual city employee appointed to said position by the city manager; or

(ii)

The community development director's designee.

Community park means and refers to a park, which is either active or passive, that serves up to 10,000 people and is at least ten but not greater than 20 acres in size.

Complete streets refers to a roadway corridor that accommodates multiple users of different transportation modes, regardless of age and abilities, including bicyclists, pedestrians, motorists, and transit users, while providing a safer and more efficient travel environment.

Concurrency service area (CSA) means a geographic unit adopted by the school board and the local governments within which the level of service is measured when an application for residential development is reviewed for school concurrency purposes.

De minimus project means and refers to development of a single-family residence in a subdivision platted prior to February 8, 1983, or to be developed on an unplatted parcel of land.

Developer's agreement means and refers to an agreement entered into pursuant to F.S. § 163.3220 et seq., which the city is a party to and that may assure construction or provision of a public facility and service.

Development shall be defined as set forth in F.S. § 380.04.

Development order means any order granting, with or without conditions, a development permit, including any amendments to a development permit.

Development permit means any building permit, zoning approval, rezoning, subdivision approval (including either preliminary or final plat approval), site plan approval, conditional use, order permitting a Florida quality development, variance approving an exceedance of maximum lot coverages, or approval of a development of regional impact application for development approval. The definition of the term "development permit" shall not be construed to include a certificate of occupancy.

Directly accessed means and refers to accessing the link that serves as the project's immediate and direct access or means of ingress and egress. Each access point of a project shall be considered to have access to at least one link; provided that the access points of a project may be considered to share a common link. If a given access point is not immediately connected to a link, the first link connected to the proposed project shall be the link for the purposes of this code. If a project access point is connected to more than one link, project trips shall be assigned to the links in accordance with accepted traffic engineering principles.

DOT guidelines means and refers to the Florida Department of Transportation, Quality/Level of Service Handbook, 2013 Edition and Generalized Service Volumes Tables, 2012 Edition and all as subsequently amended and updated.

Educational facility means buildings, equipment, structures, and special educational use areas that are built, installed, or established to serve educational purposes.

Equivalency determination (school concurrency) means an assessment of school capacity by the school district of any proposed amendment to an existing development order.

ERU means and refers to equivalent residential units. An ERU is the amount of wastewater generated or potable water utilized by a facility comparable to a single-family residential home.

Existing traffic means and refers to average annual daily traffic.

Final development order means and refers to a building permit.

Five-year capital facilities work plan (school concurrency) means the school board's annually adopted financially feasible, five-year list of capital improvements that provide for student capacity to achieve and maintain the adopted level of service.

Florida Inventory of School Houses (FISH) means the current edition, published by the Florida Department of Education, Office of Educational Facilities, listing all land and facilities owned or acquired under a long term (40 or more years) lease agreement by local school boards.

Historical traffic growth map means and refers to a map prepared by the community development director, showing the preceding three years' increase or decrease in average annual daily traffic on various state, county, and city arterial and collector links, based upon traffic counts and which provide the information to be used in projecting the background traffic during the buildout period of the proposed project. This map shall be prepared within one month after the effective date of this code and updated as new significant projects are approved. This map shall not include three years of traffic data and information until three years after the effective data of this code.

Insignificant impact link study means and refers to a traffic study of any directly accessed links of a proposed insignificant project.

Insignificant project means and refers to a project, other than a major project, for which the project trips on every link(s) within the radius of development influence during the buildout period and upon completion of the project are projected to be less than or equal to three percent of the threshold level of service D, as set forth in the Melbourne Comprehensive Plan and computed by use of DOT guidelines. Trips generated by an insignificant project shall be computed by use of the trip generation standards, alternative standards as set forth in section 3.22(b)(1)f.2. of this code, or actual current traffic counts using accepted engineering principles and standards for traffic counts set forth in this code. If the proposed project does not generate more than three percent of the threshold level of service on the proposed project's directly assessed link, it shall be presumed that the rate of traffic generation occurs on all links within the radius of development influence and that the proposed project is therefore an insignificant project. However, this presumption may be rebutted by the city or any interested citizen.

Intelligent transportation system (ITS) refers to a system that improves the safety and efficiency of the transportation network by applying electronic and computer technologies. An ITS improves the network by providing for the real time monitoring of traffic situations and vehicle travel patterns.

ITE means and refers to the Institute of Transportation Engineers.

Land development regulation means an ordinance regulating any aspect of development, including any city zoning, rezoning, subdivision, building construction, site planning, sign regulation, landscaping, or other regulations controlling the development of land.

Level of service means and refers, with regard to traffic and transportation, the measure of the functional and operational characteristics of a roadway based upon traffic volume in relation to road capacity. The level of service for a specific roadway is set in the Melbourne Comprehensive Plan and is computed as set forth in article II of this chapter. In reference to water, the term means and refers to the amounts of potable water available for consumption by occupants or others within a residential, commercial, industrial, or other type of project in relation to the amounts consumed by a project. In reference to sanitary sewage, the term means and refers to the amount of wastewater generated by a residential, commercial, industrial, or other type of unit, the capacity for which there is available a wastewater treatment facility or on-site disposal system to effectively treat wastewater in compliance with all governmental standards. In reference to solid waste, the term means and refers to the amount of solid waste generated by a project in relation to the capacity of a solid waste disposal facility. In reference to parks and recreation, the term refers to the amount of active or passive recreational property necessary to serve a development project within a specific radius of development influence in relation to the capacity of parks and recreational facilities available to serve the project. In reference to stormwater runoff/drainage, the term refers to the amount of stormwater runoff generated by a proposed project for which there is retention and capacity to treat, collect or convey by a stormwater management system. In reference to educational facilities, the term refers to the measure of utilization within a concurrency service area boundary. The level of service for educational facilities is set in the Melbourne Comprehensive Plan and is computed as set forth in article VIII of this chapter.

Link means and refers to the portion of a major thoroughfare between two major intersections, or between a major intersection and the end of the thoroughfare, or between a major intersection or end of the thoroughfare and the city limits.

Major project means and refers to any project which is: (i) A development of regional impact; (ii) A residential project of 250 or more dwelling units; (iii) A commercial or industrial project of more than 50,000 square feet of gross building area; (iv) Any project of any type which is contractually bound to financing or constructing any portion of a major thoroughfare which is not site related; (v) Any specific school site identified pursuant to the procedure set forth in section 3.09; or (vi) Any Florida quality development.

Major project map means and refers to a map prepared by the community development director, showing the location of all major projects in the city. This map shall be prepared within two months after the effective date of this code and updated as new projects are approved.

Major thoroughfares means and refers to: (i) All roads that function as arterial and collector streets as determined by the community development director; (ii) All proposed and approved roads that would, if built, function as arterials and collectors during the buildout period of the proposed project; or (iii) For a proposed project, any local road or noncollector or non-arterial roadway providing direct access from the proposed project to an intersection on an existing collector or arterial link; all as determined by the community development director, in accordance with accepted traffic engineering principles or as identified in the comprehensive plan.

Mobility district means a geographic region within the city as further specified in section 3.104, appendix D, which functions as a transportation concurrency exception area (TCEA). These districts encompass the most congested roadways in the city, and development/redevelopment within these areas is limited under traditional transportation concurrency standards. Consequently, in order to promote the efficient use of existing infrastructure and prevent urban sprawl, development and redevelopment projects within a mobility district are permitted to address and mitigate their transportation impacts by providing alternative transportation means instead of typical roadway capacity improvements. In mobility districts, alternative modes of transportation are emphasized by a variety of transportation options including automotive, pedestrian, bicycle, and transit, together with strategies to promote urban design principles that encourage a mixture of residential and nonresidential uses.

Mobility improvement means an improvement to the transportation system that establishes or enhances multimodal options within a mobility district.

Mobility standards are mobility improvements.

Multimodal means a transportation system that includes more than one travel option such as vehicular, pedestrian, bicycle, and/or transit modes.

Neighborhood park means and refers to a park, which is either active or passive, that can serve up to 5,000 people and is no greater than five acres in size.

Newspaper of general circulation means and refers to a newspaper published at least on a weekly basis and printed in English, but does not include a newspaper intended primarily for members of a particular occupational or professional group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Off-peak season means and refers to the time from May 2 through November 30, inclusive.

Parcel of land means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been developed as a unit.

Peak season means and refers to the time from December 1 through May 1, inclusive.

Performance security means and refers to sufficient funds irrevocably committed by written instrument to secure complete performance of a contract or condition of a development order or developer's agreement in a form as approved by the city attorney of a: (i) Letter of credit issued by a Florida banking institution; (ii) Escrow agreement wherein funds are held by an escrow agent located in Florida; (iii) Surety bond; (iv) Cash bond; (v) Tri-party agreement executed by the city, the developer, and a Florida lending institution; or (vi) Any other method of comparable security as set forth in (i)—(v) approved by the city council and in a form approved by the city manager and city attorney.

Permanent capacity (school concurrency) means the floor area in a permanent classroom required to house a student in an instructional program, as determined by the Florida Department of Education (FDOE).

Person means and refers to a human being, partnership corporation, trust, or other legal entity.

Potable water supply facilities means and refers to publicly owned water supply works.

Previously issued development order/previously approved development order means and refers to a development order issued prior to the effective date of this code.

Project means and refers to development on a parcel of land or expansion of any development of a project.

Proposed new residential development (school concurrency) means any application for new residential development or any amendment to a previously approved residential development, which results in an increase in the total number of housing units.

Proposed project means and refers to a project for which an applicant seeks or intends to seek the issuance of a development order, which project is unbuilt, or which project involves expansion of an existing developed project.

Public facilities and services or public facility means and refers to public transportation, roadways, drainage/stormwater management, potable water, solid waste disposal, wastewater treatment, parks, recreation, and open space facilities and services.

Public school means and refers to a land use and attendant buildings operated by the Brevard County school district, Eastern Florida State College, or state education institution, for educational or training purposes, as follows: elementary school; junior high school; high school; vocational or technical school; or college-level curricula.

Radius of development influence means and refers to the area surrounding a proposed project. In the event of transportation concurrency, the radius shall be as set forth in table 1 herein, or the area in which the proposed project's traffic on major thoroughfares exceeds one percent of the threshold level of service D, whichever covers the least distance. In the event of parks/recreation concurrency the radius of development influence shall be as set forth in table 6. The radius distance shall be measured in miles. In the event of transportation concurrency and in the event of parks and recreation concurrency the radius of development influence from all boundaries of the parcel of land as a geometric radius.

Regional park means and refers to a park, which is either active or passive, that can serve over 100,000 people and is greater than 250 acres in size.

Retention means the prevention of the discharge of a given volume of stormwater runoff into a public drainage system by complete on-site storage where the capacity to store the given volume must be provided by a decrease of stored water caused by percolation through the soil, evaporation, or evapotranspiration. Retention shall include, for the purposes of this definition, detention. Detention shall mean the collection, temporary storage, and discharge of stormwater in such manner as to provide for conformance to water quality standards as determined from time to time in chapters 40C-4 and 40C-42, Florida Administrative Code, and chapter 50, City Code.

School capacity means a school's ability to house the maximum number of students permitted by the Florida Inventory of School Houses inventory.

School capacity availability determination letter (SCADL) means a letter prepared by the School District of Brevard County, identifying if school capacity is available to serve a residential project, and if capacity exists, whether the proposed development is approved or vested.

School capacity determination means an assessment of school capacity by the school district of a proposed residential development application that would require a future land use map amendment and/or rezoning.

School impact analysis (SIA) means a formal description of a residential project subject to school concurrency review provided by the developer for review by the school district.

Significant impact traffic study means and refers to a traffic study of links, directly accessed links, and intersections within the radius of development influence of a proposed significant project.

Significant project means and refers to a project for which project trips during the buildout period of the project would be more than three percent of the threshold level of service D, as calculated in article II of this chapter, on any link within the radius of development influence.

Solid waste means and refers to garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid waste disposal facility means and refers to any facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.

Stormwater management plan means and refers to a plan for stormwater management prepared consistent with chapter 50, City Code of Melbourne, and such other regulations as may be from time to time developed to regulate drainage and stormwater runoff.

Stormwater management system means and refers to a public system which collects and conveys stormwater runoff from a project to a surface water body, such as Lake Washington or the Indian River Lagoon.

Subdivision means and refers to final subdivision approval as approved pursuant to chapter 8 of this appendix D, land development code.

Sustainability refers to meeting current societal needs without compromising the ability of future generations to meet these needs.

Threshold level of service means and refers to the level of service for public facilities and services as set forth in the Melbourne Comprehensive Plan and as computed by use of this chapter, which threshold is the point at which the level of service crosses from a permitted level of service to a level of service not permitted by the Melbourne Comprehensive Plan based on peak hour traffic volume characteristics relative to average annual daily traffic, potable water on line for consumption by a project relative to total potable water capacity, wastewater or solid waste to be generated by a project relative to total wastewater treatment facility or solid waste disposal capacity, amount of stormwater management system and retention capacity directly serving a project, or amount and type of active or passive recreation park land necessary to serve a project within a defined radius of development influence relative to the total capacity of park and recreational facilities, as generally found in the city.

Tiered level of service (school concurrency) means a level of service for educational facilities which is graduated over time, used to achieve an adequate and desirable level of service at the end of a specified period of time, as permitted by Florida Statutes.

Total traffic means and refers to the traffic during the buildout period of the project, which is the sum of: (i) existing traffic; (ii) traffic which would be generated by the proposed project less captured trips; and (iii) background traffic.

Traffic impact study means and refers to an analysis of roadway conditions within a mobility district that is completed by the applicant. Pursuant to this section of the code, a traffic impact study must determine the traffic generated by the proposed development/redevelopment project.

Traffic generated by the project shall be computed in the following manner: The rates published in the most recent edition of the ITE Trip Generation Manual shall be used, unless the city engineer accepts that other standards provide a more accurate means to evaluate the rates of generation based upon documentation supplied by the applicant which affirmatively demonstrates such based on accepted engineering principles. Actual traffic counts which establish the generation rate at three substantially similar existing projects located in similar areas as the site proposed may be used, if approved by the city engineer, in accordance with accepted engineering principles for traffic and transportation. These counts shall be taken on weekdays (excluding legal holidays) for each site and averaged.

The study shall identify a.m. and p.m. peak hour traffic generation as well as a.m. and p.m. peak hour turning movements for ingress and egress to and from the site. The analysis must also show the turning movements for each driveway or access point.

In order to determine the effect a project may have on adjacent mobility districts, the study shall identify the distribution of trips throughout the adjacent districts. This analysis shall include a determination of future traffic conditions in both the district in which the project is located and in the adjacent mobility districts at the time of project opening and at the time of project completion.

Possible mobility improvements should be identified in the traffic study. The analysis should examine the current pedestrian, bicycle, transit, and vehicular conditions within the applicable roadway corridor and suggest potential improvements to the mobility of the system. Identified improvements do not have to be constructed if the applicant chooses to make a payment in lieu of providing the mobility improvements. The developer or property owner has the option of choosing to provide a combination of mobility improvements and payment in lieu of construction.

Traffic volume map means and refers to the map maintained and revised from time to time by the community development director which depict the current level of service and volume to capacity (v/c) ratio on each state, county, and city operated and maintained arterial and collector.

Transportation demand management (TDM) refers to policies that affect travel decisions in order to promote sustainability and reduce the number of vehicle miles traveled.

Trip generation standards means and refers to the book entitled Trip Generation, 9th Edition prepared by the Institute of Transportation Engineers (ITE) in 2012, all as amended or revised from time to time including more recent editions.

Utilization (school concurrency) means the comparison of the total number of students enrolled to the total number of student stations (FISH) at a school facility.

Vehicle miles traveled (VMT) means the number of miles that are traveled by residential and/or commercial motor vehicles in a given geographic area.

Wastewater treatment facilities (WWTF) means and refers to publicly owned wastewater treatment works.

(Ord. No. 2003-74, § 9, 9-9-2003; Ord. No. 2006-99, § 1, 10-24-2006; Ord. No. 2008-19, § 1, 6-10-2008; Ord. No. 2008-68, § 1, 12-9-2008; Ord. No. 2011-18, § 4, 6-14-2011; Ord. No. 2013-36, § 4(3.02), 5-28-2013; Ord. No. 2013-44, § 1(3.02), 8-13-2013; Ord. No. 2014-12, § 1(3.02), 1-28-2014; Ord. No. 2019-18, § 3, 3-26-2019)

(a)

The city council finds that the safe, convenient, and orderly flow of vehicular traffic; the provision of convenient pedestrian, bicycle, and transit facilities; the adequate provision of public educational facilities; the availability of adequate convenient and accessible park and recreational facilities; and the availability of safe and adequate supplies of potable water, capacities of wastewater treatment facilities, solid waste disposal facilities, and stormwater management systems and retention facilities is necessary for the health, safety, welfare, economic order, aesthetics, and convenience of the public. It is the intent of this chapter to ensure that roadways, parks and recreation facilities, stormwater management systems, and retention facilities, schools, wastewater treatment facilities and solid waste disposal facilities, and potable water supplies are in place and adequate to meet the levels of service set in the comprehensive plan so as to provide safe, convenient, and orderly services. It is the intent of this chapter to implement the goals, policies, objectives and standards of the comprehensive plan, which provides specific standards, and providing guidelines and procedures for the implementation and enforcement of the standards. The city council finds that the safe, convenient, and orderly furnishing of public facilities and services will be achieved by the standards set forth herein. The city council, intends that, by adopting the standards contained in this chapter, the city is committing to adhere to and implement the requirements of the comprehensive plan. Nothing in this code shall preclude the city council or other authority with the responsibility of issuing development orders from considering traffic, roadway, recreational, open space, wastewater, potable water, solid waste disposal, stormwater management system/retention, schools, or project conditions not specifically addressed in this chapter 3 or which are peculiar to the location, size, configuration, use, or relationship to the area of the proposed project or the proposed project itself.

(b)

The concurrency evaluation system shall measure the potential impact of any proposed project or expansion to an existing project for which a development order is required, upon the established minimum acceptable level of service for a roadway, solid waste, potable water, drainage, wastewater treatment, schools, or park/recreation public facility or service. The most current available information and data regarding the above public facilities and services operating levels of service shall when reasonably possible and appropriate be utilized for concurrency evaluations. No final development order shall be approved unless adequate public facilities and services are available as determined by the concurrency evaluation.

(c)

Within the city's mobility districts/TCEAs, development/redevelopment projects must provide or enhance alternative modes of transportation. Within these transportation concurrency exception areas, pedestrian, bicycle, and transit modes will be considered as an alternative to typical roadway capacity projects within the mobility district areas. Projects that generate ten or more new automobile trips will be required to provide mobility improvements to improve the transportation network. Intersection improvements and new roadway facilities are considered to be mobility improvements/standards and may be considered in appropriate situations as determined by the community development director in consultation with the city engineer.

(Ord. No. 2008-68, § 1, 12-9-2008; Ord. No. 2013-36, § 4(3.03), 5-28-2013)

(a)

Generally. Unless otherwise provided, this code shall apply to all development orders.

(b)

Previously approved development orders.

(1)

Existing use. Any application for a development order on a parcel of land which is presently occupied, used, and generating: Traffic, a need for sewage treatment and disposal, a need for potable water supply, a need for solid waste disposal, a need for recreation and open space, or stormwater runoff shall be subject to this chapter only to the extent the traffic generation; the need for additional sewage treatment, potable water, solid waste disposal capacity; the need for additional recreation and open space facilities, or the need for additional drainage retention and stormwater management system capacity, projected for the development order exceeds the traffic generation; the present and existing or permitted wastewater or solid waste generated, potable water utilized, recreation and open space facilities need generated, or stormwater retention capacity and discharge rate (all as determined in accordance with accepted engineering principles), of the existing use.

(2)

Amendments to development order. Any development order amending a previously-approved development order or permitting an expansion of any type of an existing project which requires road construction, right-of-way acquisition, design, contribution of money, or other improvements to a link or major intersection; additional wastewater treatment facilities; additional potable water capacity; additional solid waste disposal capacity; or additional recreation and open space facilities shall have as a condition of said development order a provision that the requirements of this chapter shall be satisfied when the additional impacts of the development project occur.

(3)

Development orders. Any application for an amendment to a development order which was issued after the effective date of this code shall be subject to this chapter for all project: Traffic; sewage, potable water, solid waste disposal, recreation and open space needs; and stormwater runoff generated by the portion of the project approved after the effective date of this code, unless the proposed project would result in no increase in project: Traffic, sewage, need for potable water, solid waste, need for additional recreation and open space facilities, or stormwater runoff.

(c)

Non-applicability. This Code shall not apply to the extent that any vested right is found to exist pursuant to article III of this appendix D or as set forth herein.

(d)

In mobility districts, any application for a development order projected to generate ten or more new automobile trips per day will provide the appropriate mobility improvement as set forth in article X of this chapter. All development within mobility districts is exempt from the city's transportation concurrency regulations. New development within a mobility district is exempt from the payment of impact fees to the extent the appropriate amount of mobility improvements, as required by article X of this chapter are timely installed. The standards identified in this section apply to all development order applications submitted after May 28, 2013.

(Ord. No. 2008-68, § 1, 12-9-2008; Ord. No. 2013-36, § 4(3.04), 5-28-2013)

(a)

Application for concurrency evaluation prior to an application for approval of a zoning or rezoning petition. Unless otherwise provided within this chapter, any party submitting an application for approval of a zoning or rezoning of a parcel of land shall submit a concurrency evaluation application to the community development director, together with or prior to submission of the application for zoning or rezoning approval. The application for concurrency evaluation, together with a fee as may be established from time to time by resolution of the city council, shall be on a form which form contains at a minimum the following information:

(1)

Name, address and telephone number of the owner of the parcel of land, applicant, and of any attorney or other representative of the owner or applicant who may be appearing on behalf of the owner or applicant;

(2)

Legal description of the project parcel of land;

(3)

Size of the project parcel of land in acres, including fractional acreage rounded to the nearest one-hundredth of an acre, if known;

(4)

Zoning classification or other action requested; and

(5)

Boundary survey. The community development director may waive this requirement; provided that the community development director, shall determine that there is no doubt as to the location of the project parcel of land or its legal description. Any waiver by the community development director shall be subject always to a later determination by said individual, the local planning agency, or the city council as to need for said survey.

Any application for a development permit must be consistent with the information on which the concurrency evaluation was based. If the applicant increases the intensity or density of the development project proposed during any stage in the development approval process, a new concurrency evaluation will be required.

(b)

Application for a concurrency evaluation prior to an application for other development order or final development order approval. Any party submitting an application for approval of a final development order or development orders other than a petition for zoning or rezoning approval of a parcel of land shall submit a concurrency evaluation application containing the following information:

(1)

Specific use or uses proposed or proposed to be expanded;

(2)

Square footage or number of units of each use;

(3)

If a subdivision, number and type of units for each phase;

(4)

An approved on-site stormwater management plan; and

(5)

All information as set forth in subsection (a) above.

(c)

Any application for a development permit must be consistent with the information on which the concurrency evaluation was based. If the applicant increases the intensity or density of the development project proposal during any stage in the development approval process, a new concurrency evaluation will be required.

(d)

Any developer who submits a development permit application with a residential component (which is not exempt) is subject to school concurrency and must prepare a school impact analysis (SIA) and submit it to the city pursuant to article VIII of this code. Once the application is deemed sufficient by the city, the SIA shall be submitted to the school district. The school district will review the SIA to determine the availability of school capacity within the parameters of the adopted LOS.

(Ord. No. 2008-68, § 1, 12-9-2008)

(a)

Concurrency evaluation finding of non-deficiency. A preliminary finding of non-deficiency for an active project by a concurrency evaluation for a public facility and service as set forth in this code shall remain valid until such time as final action is taken by the city council or planning and zoning board on the development order application granting, denying, or granting with conditions the development permit for which the concurrency evaluation was conducted; provided that application for the development permit shall be submitted simultaneously with the request for a finding of concurrency evaluation. Once a development permit has been issued, the concurrency evaluation finding of non-deficiency shall remain valid and in force for the following prescribed timeframes:

(1)

Rezoning/zoning action. For a rezoning or zoning action approval or for a conditional use submitted without a site plan, the finding shall remain valid only for a period not to exceed the time of final action by the city council with regard to the application, and the finding shall be applicable only to the petition for zoning, rezoning, or conditional use and to no other application for a development permit. An applicant shall not be permitted to claim any vested right to a concurrency evaluation finding of non-deficiency obtained simultaneous with an application for a zoning or rezoning petition, unless the finding of non-deficiency was obtained pursuant to a concurrency evaluation application as set forth in section 3.05(b) hereof and complete evaluation as set forth in articles II through VII of this chapter.

(2)

Formal site plans. For a formal site plan approval or conditional use approval with appurtenant site plan as set forth in appendix B, article IX, section 6(B), the capacity reservation period shall be 1,095 days following the date of rendition of that development order. The capacity reservation period may be extended for an additional 365 days based on the progress made toward the development of the project, such as obtaining the subsequent development orders, obtaining other agency permits, or commencement of site improvements or infrastructure.

(3)

Subdivision plats. For a subdivision plat approval, the capacity reservation period shall be 1,826 days following the date of rendition of that development order. The capacity reservation period may be extended for an additional 365 days based on the progress made toward the development of the project, such as obtaining the subsequent development orders, obtaining other agency permits, or commencement of site improvements or infrastructure. A preliminary plat that has not been approved by the city for final plat and recorded with the clerk of court during the capacity reservation period shall be deemed to have expired as an approved development permit and shall have no vested right.

(4)

Individual infill of undeveloped lots. For an individual single-family residential unit or lot, the capacity reservation period shall be 180 days.

(5)

Projects with a development agreement. If a developer's agreement with the city as provided in article VIII of this chapter is utilized, a concurrency evaluation may be conducted as a component of a developer's agreement, and if concurrency is found or guaranteed, the capacity reservation period timeframe for the finding's validity shall be set forth in the agreement.

(6)

Projects initiated through the engineering department. For all site plans not meeting the thresholds for formal site plan under paragraph (2) above, the capacity reservation period shall be 1,095 days following the date of rendition of that development order. The capacity reservation period may be extended for an additional 365 days based on the progress made toward the development of the project such as obtaining the subsequent development orders, obtaining other agency permits or commencement of site improvements or infrastructure.

(7)

Projects outside the City of Melbourne. Projects served by the city system but located outside of the city limits shall be subject to the provisions of this subsection.

(8)

Projects requiring school concurrency review. The Brevard County School District shall perform a capacity determination, concurrency determination, or equivalency determination to ensure that adequate educational facilities are available pursuant to article VIII of this chapter. The school district shall issue a school capacity availability determination letter (SCADL), which identifies whether adequate capacity exists. The SCADL indicates only that school facilities are currently available and that capacity will not be reserved until the city issues a concurrency finding of non-deficiency.

(b)

Expiration of concurrency evaluation finding of non-deficiency. Where any of the applicable timeframes, as set forth in (a) above, for a particular project expire, a new concurrency evaluation shall be required prior to application for the next development permit. Any vesting period relating to concurrency may be considered void, if the applicant fails to timely perform all requirements to keep the vesting current, including timely obtaining a capacity reservation extension from the city. If the applicant maintains a capacity reservation on a first come, first serve basis for a particular public facility or service, as set forth in subsection (c) below, the expiration of the concurrency evaluation finding of non-deficiency shall not necessarily nullify said capacity reservations.

(c)

Cumulative records of level of service. The concurrency evaluation system shall require maintenance of a cumulative record, informally sometimes referred to as "paper trips" or "paper capacity," of the traffic determined to be generated by a proposed project and potable water, sanitary sewerage, solid waste, stormwater management system and retention capacity, and parks and recreation capacity, all determined to be necessary to support all proposed projects. These capacity figures, the need for which has been generated by the approval of a development order, or effectiveness of a finding of non-deficiency of capacity in subsection (a) above, shall be added to the existing capacity of each public facility and service. Upon the expiration of a concurrency evaluation finding of non-deficiency for a proposed project which project is unconstricted or deemed by the community development director to have been abandoned by the applicant, the capacity allocated to that proposed project or portion thereof in a public facility and service in overall existing capacity shall be deleted or "backed-out" of the particular public facility or service's used, reserved, allocated, or unavailable capacity. Said deleted or "backed-out" capacity shall be available for use, reservation, or allocation to other proposed projects on a first come, first serve basis. The Brevard County School District shall monitor and track school capacity.

(d)

Operating procedures, systems and tasks.

(1)

Procedures for monitoring. The city shall maintain written or computerized records of all capacity or volumes which are committed for projects as a result of development orders issued by the city. Where another jurisdiction provides services, excluding transportation, to a project, the city will require that the appropriate information regarding those services shall be provided to the city prior to completing a concurrency evaluation. Where another governmental jurisdiction provides services to a project, written evidence of an ability to provide capacity in a public facility and service, excluding transportation and parks and recreation, for a project upon issuance of a certificate of occupancy shall be required at a minimum as a condition of approval of any final development order by the city. The Brevard County School District shall track school capacity and shall make the determination of whether adequate student stations are available or not available. Written evidence of an ability to provide capacity in a public facility and service from another governmental jurisdiction, as required herein, shall be provided by the applicant to the city prior to or simultaneous with the issuance of a final development order. Said written evidence must represent an active and unexpired ability to supply sufficient capacity in a public facility and service to serve a proposed project or phase thereof, as applicable, at the time of issuance of each applicable final development order.

(2)

Measuring potential impacts. For purposes of measuring the potential impact of a proposed project, all previously committed volumes and capacities shall be taken into account cumulatively and compared to the level of service and total available capacity or volume, as appropriate.

(3)

Extra-territorial effects. In conducting any concurrency evaluation of a proposed project, the city shall consider impacts to the following public facilities and services located outside the corporate limits of the city: Wastewater treatment facilities serving any portion of the city located east of the Indian River Lagoon and solid waste disposal facilities. In conducting any concurrency evaluation for transportation, drainage retention or stormwater management system capacity, potable water supply capacity, sanitary sewer capacity available from wastewater treatment facilities serving areas within the city west of the Indian River Lagoon, and parks and recreation capacity, the city shall not consider impacts of a proposed project occurring outside the city's corporate limits, unless the city shall have entered into an interlocal agreement with the local governmental entity having jurisdiction over the area within which the proposed project's impacts, as determined by this code, are occurring. The interlocal agreement shall require the permitting local government to consider the impacts (as defined in the interlocal agreement) of proposed projects on public facilities and services within the jurisdictional limits of the non-permitting local government that is a party to the interlocal agreement. The public facility and service level of service as set in the non-permitting local government's comprehensive plan shall form the level of service standard of an affected public facility and service for concurrency evaluation within the non-permitting local government jurisdictional limits.

(e)

Conditional approval of development orders. If the concurrency evaluation indicates that the potential impact of issuance of a proposed rezoning or zoning, site development plan, conditional use, subdivision, development of regional impact, or Florida quality development, development permit will cause a deficiency to occur to an established minimum acceptable level of service or temporarily acceptable minimum level of service, the city may conditionally approve the development order upon the availability of adequate capacity to serve the impacts of the proposed projects.

(1)

Non-final development orders. Development orders other than final development orders may be approved if a deficient public facility or service improvement based on the established acceptable levels of service will have available sufficient capacity to accommodate the impact of the proposed project and is contained in the city capital improvements element or the capital improvements programs of other governmental agencies, and said improvement will provide a level of service sufficient to accommodate the potential impact of the proposed project. This section shall not be deemed to bar disapproval of a non-final development order because of the lack of currently existing capacity of any public facility or service.

(2)

Final development order. For the purpose of concurrency evaluation and unless otherwise provided herein, a final development order may be approved if the necessary public facilities and services are available so as to maintain minimum acceptable levels of service. In all other cases, pursuant to F.S. § 163.3202, a final development order shall not be issued.

(f)

First come/first served rule. If the community development director shall determine that the grant of a development order for a project would violate this chapter, because: (1) An affected roadway or link is operating below the level of service set by the comprehensive plan and the transportation impacts generated by the project would not be handled by the link or roadway affected by the project concurrent with the generation of transportation impacts by said project; (2) Wastewater treatment facility, park and recreation, drainage retention and stormwater management system, solid waste disposal facility, or potable water, public facilities and services capacity is not available to adequately serve the proposed project such that said public facilities and services will operate at or above the level of service set by the comprehensive plan after impacts generated by the project occur; (3) The community development director's determination is not overturned on an appeal pursuant to section 3.08 hereof; or (4) No other provision in this code is applicable to permit the proposed project to receive a non-final development order, the applicant may request that the project application be placed on a waiting list for reservation of capacity for all public facilities and services deemed by the city to be affected by the project. Once capacity has been determined to be available, all applications for reservation of capacity shall then advance forward on a first come/first served basis. Notice of availability shall be provided to the owner as identified on the county property appraiser's website. The reservation of capacity shall run with the parcel of land and shall be transferable from original applicant to subsequent parcel of land owners and developers of the same parcel of land. Under no circumstances may a reservation of capacity be transferred from one parcel of land to another or be amended to include a different parcel of land, or portion thereof, not originally subject to the capacity reservation. Upon filing of an application for capacity reservation, capacity on all non-deficient public facilities and services pursuant to subsection (c) hereof shall be allocated or reserved to the proposed project until such time as the deficient public facility and service for which an applicant is on a reservation list pursuant hereto shall be non-deficient as to the proposed project. Thereafter, the finding of non-deficiency for all affected public facilities and services shall remain valid for the time provided in and to the extent provided in subsection (a) hereof.

(1)

All substantial changes shall require a new concurrency application and said project shall be removed from the waiting list.

(g)

The Brevard County School District shall track school capacity and shall make the determination of whether adequate student stations are available or not available.

(h)

Conditions. All development orders shall contain such conditions as are necessary to ensure compliance with this chapter.

(Ord. No. 2006-99, § 2, 10-24-2006; Ord. No. 2008-19, § 1, 6-10-2008; Ord. No. 2008-68, § 1, 12-9-2008; Ord. No. 2011-18, § 4, 6-14-2011; Ord. No. 2013-44, § 1(3.06), 8-13-2013; Ord. No. 2015-45, § 11, 9-8-2015; Ord. No. 2019-18, § 3, 3-26-2019)

(a)

Application. Unless otherwise requested by the applicant or otherwise required by this chapter, the community development director, shall routinely evaluate an application for compliance with this article. At the time of application, an applicant may elect to submit simultaneous with said application, additional data and studies prepared and signed by a professional planner or engineer using accepted engineering principles.

(1)

Any developer who submits a development permit application with a residential component (which is not exempt under this article) is subject to school concurrency and must prepare a school impact analysis (SIA) and submit it to the city. Once the application is deemed sufficient by the city, the SIA shall be submitted to the school district. The school district will review the SIA to determine the availability of school capacity within the parameters of the adopted LOS.

(b)

Review by community development director. Unless otherwise provided within this chapter, the community development director shall review the application and any information submitted to determine whether the proposed project complies with this chapter.

(1)

Determinations of the community development director, made pursuant hereto must be in writing and any denial shall state the reasons therefor. Within 60 working days of receipt of the study, the community development director, shall issue a written determination concluding one of the following:

a.

The proposed project does not violate the level of service and concurrency standards of this chapter; or

b.

The proposed project does not meet the requirements of this chapter, including the detailed reasons for this conclusion; or

c.

The information submitted is insufficient for the community development director to determine the proposed project's compliance with this chapter. Such a conclusion shall include a request for the specific information needed to enable the community development director, to determine the proposed project's compliance with this chapter. This type of finding shall not be a final determination of an application for concurrency evaluation.

(2)

Additional information. Within 30 days of receipt of any letter from the community development director, requesting additional information, the person submitting the concurrency evaluation and any traffic study or other data shall either: (a) Submit the additional information; or (b) Notify the community development director in writing that the requested additional information will not be submitted. Within 30 working days of receipt of any additional information or notification that no additional information will be submitted, the community development director shall issue a written determination pursuant to subsection (b)(1) above. Any subsequent request for additional information shall be limited only to information needed to clarify the additional information or answer new questions raised by, or directly related to, the additional information.

(3)

Determination of noncompliance. Within 20 days of rendition of a letter containing a final determination and stating the proposed project does not meet the requirements of this code, the person submitting the study may submit additional information addressing the reasons listed in the community development director's letter of determination, or may appeal the community development director's, determination pursuant to section 3.08. If additional information is provided, the community development director, shall, within 30 working days of receipt of the additional information, issue a new determination stating that the proposed project meets the requirements of this article or detailing the reasons why the proposed project does not meet the requirements of this code. This new determination letter is appealable within 20 calendar days of the date of rendition pursuant to section 3.08.

(4)

Determination where insufficient information. If the person submitting the study has notified the community development director, that no additional information will be provided pursuant hereto, and the community development director then issues a written determination that the information submitted is insufficient for the community development director to determine the proposed project's compliance with this chapter of that proposed project does not meet the requirements of this chapter, the person submitting the study may within 20 days of the rendition of the community development director's determination, appeal said determination pursuant to section 3.08 of this chapter.

(5)

Extension of time. Excepting the limits for appeal, the time limits contained herein may be extended for good cause shown by the applicant with the mutual consent in writing of the community development director, and the person submitting the request for determination.

(6)

Professional services. Any study, data, or other information, determined by the community development director to be of a technical nature, submitted by an applicant or person other than the city must be prepared and signed by a qualified professional planner or registered professional civil engineer.

(c)

De minimus project review. Any de minimus project may be reviewed by filing an application meeting the requirements of section 3.05(a) hereof. The application, if completed in proper form, shall be approved by the community development director as noting that all public facilities and services would be non-deficient, unless the community development director determines that such a determination would be contrary to the public health, safety, and welfare, would be inconsistent with the comprehensive plan, and would violate the standards of this code. The reasons for such finding must be set forth in detail, and the applicant shall have a right of appeal pursuant to section 3.08 hereof. For all de minimus projects, the community development director shall administratively allocate or reserve capacity to affected public facilities and services pursuant to section 3.06(c), (d), and the finding of non-deficiency made pursuant to this subsection shall remain valid and in force for the time periods as provided in subsection 3.06(a). Exemptions from the requirements of school concurrency are identified in section 3.04 of this article.

(Ord. No. 2008-68, § 1, 12-9-2008)

(a)

Board. Except as specifically provided in this code, appeals from the decisions of the community development director, making determinations hereunder, including, but not limited to, a finding that a proposed project is a significant project, issuing final letter determinations, or other final determinations hereunder, shall be taken to the local planning agency/planning and zoning board. The appeal shall be requested in writing within 20 calendar days of the rendition of the decision of the community development director. Upon rendition, said determination shall be promptly mailed postage prepaid by first class, U.S. mail to the person seeking the determination and to the applicant, as appropriate. The written request for the appeal shall state fully the reasons therefor. The appellant shall be given written notice of the date, time, and place of the local planning agency's consideration of the appeal.

(b)

Hearing.

(1)

Burden of proof. The appellant shall present all relevant information to the local planning agency. The appellant shall have the burden of affirmatively demonstrating that the decision of the community development director was in error. The community development director shall be entitled to present argument and information in opposition.

(2)

Decision. The local planning agency shall base its decision on the requirements of this chapter and accepted engineering principles. It shall make its decision by an affirmative majority vote of those members present and voting and shall state the reasons for the decision. A decision shall be rendered within 60 calendar days of the close of the hearing before the local planning agency.

(c)

Appeal from local planning agency. The decision of the local planning agency shall be final but may be appealed in writing to the city council by either the appellant or the community development director by filing notice of the appeal with the city clerk, together with a narrative discussing the basis for the appeal, all within 20 calendar days of the rendition of the local planning agency's decision. Consideration shall be limited to the record established before the local planning agency and argument of the appellant and appellee. The city council may overturn, modify, or uphold the decision of the local planning agency or remand the matter for further review. The city council may overturn or modify the decision of the local planning agency only by four votes of the members of the city council present at the meeting at which the decision is voted upon. The decision of the city council shall be based on this chapter and accepted engineering principles and shall be rendered within 60 calendar days after the close of the city council's hearing on the appeal.

(d)

Judicial relief. Judicial relief shall be by filing a petition for writ of certiorari in the circuit court, appellate division, within 30 calendar days of the date of rendition of the city council's decision.

(e)

School concurrency. Appeals shall be made pursuant to article VIII of this chapter.

(Ord. No. 2008-68, § 1, 12-9-2008)

Editor's note— Ord. No. 2008-68, § 1, adopted December 9, 2008, repealed § 3.09, which pertained to government services. See also the Code Comparative Table.

(a)

Generally. For projects that are not located within a mobility district, there is hereby established a transportation concurrency standard for all local roads that are not major thoroughfares and for all major thoroughfares and major intersections within the city. Except as specifically provided in this code, no development order shall be issued for a proposed project that lies outside of a mobility district which would violate this standard. Establishment of concurrency shall be ascertained by determining the amount of traffic a proposed project would generate together with existing, and background traffic, as set forth herein, and comparing it to the level of service established by the Melbourne Comprehensive Plan, which level of service is computed by use of the generalized daily level of service maximums volumes for Florida's urban/urbanized areas, as established in the FDOT Quality/Level of Service Handbook on links within the radius of development influence. Traffic impact studies shall be prepared as set forth herein. The traffic volume map(s) shall be revised by the community development director, at least once each calendar year to reflect the most-current traffic conditions. For state and county roadways, the community development director, may utilize data generated by the governmental entity having operational and maintenance responsibilities for said roadways.

Projects within the city's mobility districts are exempt from the transportation concurrency standards established in article II of this chapter. The standards for the city's mobility districts are established in article X of this chapter.

(b)

Significant project standard.

(1)

Link standard. Except as specifically provided in this code, no development order shall be issued which would, during the buildout period of the project, result in project traffic of more than three percent of the threshold level of service, as set forth in the Melbourne Comprehensive Plan and as computed by use of DOT guidelines, at any point on any major thoroughfare link within the project's radius of development influence, if the total traffic on that link would result in an average annual daily traffic volume that exceeds the threshold level of service during the buildout period of the project. For purposes of this analysis, assured construction shall be considered.

(2)

Intersection standard. A methodology shall be developed by September 1, 1990, for concurrency evaluation of the traffic impacts of a proposed project on major thoroughfare intersections within the proposed project's radius of development influence.

(3)

Table 1 represents the maximum radius of development influence for specific types of proposed projects to be used considering traffic impacts pursuant to this code. The actual radius of development influence may be more.

Table 1
Minimum Radius of Development
Influence