(a)   The Town is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon and as amended by Ordinance No. 95-04, is hereby adopted by reference and declared to be a part of this Land Development Code.

   (b)   The official zoning map shall be identified by the signature of the Mayor attested by the Town Clerk and shall bear the seal of the Town under the following words: “This is to certify that this is the Official Zoning Map referred to in the Land Development Code, together with the date of the adoption of this Land Development Code. If, in accordance with the provisions of this chapter and other applicable law, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the Town Commission has made a determination whether the proposed rezoning is consistent with the Comprehensive Plan and the applicable Town Charter provisions regarding rezoning approval. These changes will be recorded with an entry on the official zoning map as follows:

      “On (date), by official action of the Town Commission, the following change(s) were made in the Official Zoning Map: (brief description of nature of change),” which entry shall be signed by the Mayor and attested by the Town Clerk..

(`75 Code, Appendix A, Art. III, § 1)

   (c)   In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Town Commission may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the Mayor, attested by the Town Clerk, and shall bear the seal of the Town under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Land Development Code of the Town of Melbourne Beach, Florida.” Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment. (`75 Code, Appendix A, Art. III, § 2) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 95-04, passed 1-17-96; Am. Ord. 2017-05, adopted 12-20-17)

   Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

   (1)   Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

   (2)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

   (3)   Boundaries indicated as approximately following Town limits shall be construed as following Town limits;

   (4)   Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

   (5)   Boundaries indicated as parallel to or extensions of features indicated in divisions (1) through (4) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

   (6)   In cases where the actual location of physical features varies from those shown on the official zoning map, or in other circumstances not covered by divisions (1) through (5) above, the Board of Adjustment shall interpret the district boundaries; and

   (7)   Where a district boundary divides a lot which was in single ownership on September 26, 1972, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 30 feet beyond the district line into the remaining portion of the lot.

(`75 Code, Appendix A, Art. III, § 3) (Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)

   The regulations established by this Land Development Code within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

   (1)   No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

   (2)   No building or other structure shall hereafter be erected or altered:

      a.   To accommodate or house a greater number of families than is permitted for by this chapter;

      b.   To occupy a greater percentage of lot area than is permitted by this chapter;

      c.   To have narrower or smaller rear yards, front yards, side yards or other open spaces than is permitted by this Land Development Code; or

      d.   Which is in violation of this chapter.

   (3)   No part of a yard or other open space or off-street parking or loading space required in connection with any building for the purpose of complying with this Land Development Code, shall be included as part of a yard, open space or off- street parking or loading space similarly required for any other building.

   (4)   No yard or lot existing on September 26, 1972 shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after said date shall meet the minimum requirements established by this Land Development Code.

   (5)   Within each district, the regulations established by this Land Development Code shall be minimum regulations and shall apply uniformly to each class or kind of structure, land, or water.

   (6)   Every building or structure hereafter erected shall be located on a lot as defined herein. Every building hereafter erected or structurally altered shall be on a lot adjacent to a public street, or with access to a public street.

(`75 Code, Appendix A, Art. IV) (Ord. passed 9-26-72)

   (7)   Unless provided for to the contrary by interlocal agreement, after an area of unincorporated Brevard County has been annexed, county zoning and subdivision regulations shall remain in full force and effect in said area until the area is assigned an initial zoning classification by the Town consistent with the town's Comprehensive Plan.

(Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2017-05, adopted 12-20-17)