District regulations shall be set forth in the following sections, and as set forth in §§ 7A-50 through 7A-69.

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

   This following table is to provide general information regarding zoning criteria, specific language included in each section of the Zoning Ordinance takes precedence over this table.

 

 

(Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-04, adopted 9-18-19)

   (a)   Intent. The provisions of this district are intended to apply to an area of low-density single- family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

   (b)   Principal uses and structures:

      (1)   Single-family dwellings.

      (2)   Home occupations (See § 7A-62).

      (3)   Electric Utility Substation.

      (4)   K-12 Schools.

   (c)   Accessory uses and structures: Structures clearly incidental and subordinate to the principal use, such as: patios, private docks, swimming pools, utility sheds, garages, playhouses and similar uses or structures.

   (d)   Special exceptions: Public recreation areas.

   (e)   Prohibited uses:

      (1)   Facility or base for mobile marijuana dispensary.

      (2)   Grow house.

      (3)   Marijuana dispensary.

      (4)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes, and setbacks:

      (1)   Minimum lot area, 12,000 square feet.

      (2)   Minimum lot width, 100 feet (at front building line). Notwithstanding any provision of Article V, Chapter 7A, specifically including § 7A-83(3) to the contrary, existing single-family dwellings and previously permitted accessory structures built prior to September 26, 1972, shall be grandfathered in and shall be allowed to be rebuilt in the event of a disaster. Any such rebuilt single-family dwelling or accessory structures shall not exceed the established footprint, number of stories, or increase any nonconformity of the former single-familydwelling or accessory structures prior to the disaster. If any structure subject to this section had less than a 5/12 roof pitch prior to disaster, the structure may be rebuilt with a roof pitch not to exceed a 5/12 pitch, which shall not be deemed to increase any nonconformity of the structure pursuant to § 7A-83(1). Otherwise, structures shall be rebuilt using no greater than preexisting roof pitch.

      (3)   Minimum lot depth, 120 feet.

      (4)   Maximum lot coverage, principal structure, 30%.

      (5)   Minimum living area, 1,800 square feet excluding garages and porches.

      (6) Maximum height of the building. Maximum height, 28 feet.

      (7)   Minimum yard requirements:

         a.   Front setback, 25 feet from lot line.

         b.   Side interior setback, 15 feet from lot line.

         c.   Side comer lot setback, 25 feet from lot line.

         d.   Rear setback, 25 feet from lot line.

         e.   Ocean setback. No building or structure shall be constructed on oceanfront property within the Town boundaries seaward of the coastal setback line established pursuant to Chapter 5A. In addition to the structures permitted in Chapter 5A, beach access shall be permitted by an elevated boardwalk supported on pilings with appropriate steps.

      (8)   No structure shall have more than two stories.

      (9)   Minimum pervious area percentage per lot, 30%. Lots failing to meet the minimum pervious area percentage requirement on September 18, 2019 are deemed to constitute a nonconforming character of use subject to Section 7A-85(b).

(`75 Code, Appendix A, Art. VI, § 1) (Ord. passed 9-26-72; Am. Ord. 78-4, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 90-04, passed 4-25-90; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2014-08, adopted 10-29- 14; Am. Ord. 2016-02, adopted 12-21-16; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-04, adopted 9-18-19; Am. Ord. 2024-02, adopted 5-15- 24)

   (a)   Intent. The provisions of this district are intended to apply to an area of low-density single- family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

   (b)   Principal uses and structures:

      (1)   Single-family dwellings.

      (2)   Home occupations (See § 7A-62).

      (3)   Electric Utility Substation.

      (4)   K-12 Schools.

   (c)   Accessory uses and structures: Structures clearly incidental and subordinate to the principal use, such as patios, private docks, swimming pools, utility sheds, garages, playhouses and similar uses or structures.

   (d)   Special exceptions: Public recreation areas.

   (e)   Prohibited uses:

      (1)   Facility or base for mobile marijuana dispensary.

      (2)   Grow house.

      (3)   Marijuana dispensary.

      (4)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes, and setbacks:

      (1)   Minimum lot area, 11,250 square feet.

      (2)   Minimum lot width, 90 feet (at front building line). Notwithstanding any provision of Article V, Chapter 7A, specifically including § 7A-83(3) to the contrary, existing single-family dwellings and previously permitted accessory structures built prior to September 26, 1972, shall be grandfathered in and shall be allowed to be rebuilt in the event of a disaster. Any such rebuilt single-family dwelling or accessory structures shall not exceed the established footprint, number of stories, or increase any nonconformity of the former single-family dwelling or accessory structures prior to the disaster. If any structure subject to this section had less than a 5/12 roof pitch prior to disaster, the structure may be rebuilt with a roof pitch not to exceed a 5/12 pitch, which shall not be deemed to increase any nonconformity of the structure pursuant to § 7A-83(l). Otherwise, structures shall be rebuilt using no greater than preexisting roof pitch.

      (3)   Minimum lot depth, 100 feet.

      (4)   Maximum lot coverage, principal structure, 30%.

      (5)   Minimum living area, 1,600 square feet excluding garages and porches.

      (6) Maximum height of the building. Maximum height, 28 feet.

      (7)   Minimum yard requirements:

         a.   Front setback, 25 feet from lot line.

         b.   Side interior lot setback, 15 feet from lot line.

         c.   Side corner lot setback, 25 feet from lot line.

         d.   Rear setback, 25 feet from lot line.

      (8)   No structure shall have more than two stories.

      (9)   Minimum pervious area percentage per lot, 30%. Lots failing to meet the minimum pervious area percentage requirement on September 18, 2019 are deemed to constitute a nonconforming character of use subject to Section 7A-85(b).

(`75 Code, Appendix A, Art. VI, § 2) (Ord. passed 9-26-72; Am. Ord. 78-4, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 90-04, passed 4-25-90; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2014-08, passed 10-29- 14; Am. Ord. 2016-02, adopted 12-21-16; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-04, adopted 9-18-19; Am. Ord. 2024-02, adopted 5-15- 24)

   (a)   Intent. The provisions of this district are intended to apply to an area of low-density single- family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

   (b)   Principal uses and structures:

      (1)   Single-family dwellings.

      (2)   Home occupations (See § 7A-62).

      (3)   Electric Utility Substation.

      (4)   K-12 Schools.

   (c)   Accessory uses and structures: Structures clearly incidental and subordinate to the principal use, such as patios, private docks, swimming pools, utility sheds, garages, playhouses and similar uses and structures.

   (d)   Special exceptions: Public recreation areas.

   (e)   Prohibited uses:

      (1)   Facility or base for mobile marijuana dispensary.

      (2)   Grow house.

      (3)   Marijuana dispensary.

      (4)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes, and setbacks:

      (1)   Minimum lot area, 10,000 square feet.

      (2)   Minimum lot width, 90 feet (at front building line). Notwithstanding any provision of Article V, Chapter 7A, specifically including § 7A-83(3) to the contrary, single-family dwellings and previously permitted accessory structures located on lots that were divided before the year 2000 and/or built prior to September 26, 1972, shall be grandfathered in and shall be allowed to be rebuilt in the event of a disaster. Any such rebuilt single-family dwelling or accessory structures shall not exceed the established footprint, number of stories, or increase any nonconformity of the former single-family dwelling or accessory structures prior to the disaster. If any structure subject to this section had less than a 5/12 roof pitch prior to disaster, the structure may be rebuilt with a roof pitch not to exceed a 5/12 pitch, which shall not be deemed to increase any nonconformity of the structure pursuant to § 7A-83(l). Otherwise, structures shall be rebuilt using no greater than preexisting roof pitch.

      (3)   Minimum lot depth, 100 feet.

      (4)   Maximum lot coverage, principal structure, 30%.

      (5)   Minimum living area, 1,400 square feet including one-half of the garage area not to exceed 200 square feet, excluding porches.

      (6)   Maximum height of the building. Maximum height, 28 feet.

      (7)   Minimum yard requirements:

         a.   Front setback, 25 feet from lot line.

         b.   Side interior lot setback, 15 feet from lot line.

         c.   Side corner lot setback, 25 feet from lot line.

         d.   Rear setback, 25 feet from lot line.

      (8)   No structure shall have more than two stories.

      (9)   Minimum pervious area percentage per lot, 30%. Lots failing to meet the minimum pervious area percentage requirement on September 18, 2019 are deemed to constitute a non-conforming character of use subject to Section 7A-85(b).

(`75 Code, Appendix A, Art. VI, § 3) (Ord. passed 9-26-72; Am. Ord. 78-4, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 90-04, passed 4-25-90; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2014-08, passed 10-29- 14; Am. Ord. 2016-02, adopted 12-21-16; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-04, adopted 9-18-19; Am. Ord. 2024-02, adopted 5-15- 24)

   (a)   Intent. The provisions of this district are intended to apply to an area of medium-density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium-density residential development while preserving adequate open space and ensuring compatibility with other residential areas of the community.

   (b)   Principal uses and structures:

      (1)   Multi-family residences.

      (2)   Single-family residences (provided such residences meet the following 1-RS Single- Family Residential District requirements).

 

 

      (3)   Townhouses (See § 7A-63).

      (4)   Home occupations (See § 7A-62).

   (c)   Accessory uses and structures: Customary accessory uses clearly incidental and subordinate to the principal use and in keeping with the intent and purpose of the district.

   (d)   Special exceptions: Public recreation areas.

   (e)   Prohibited uses:

      (1)   Facility or base for mobile marijuana dispensary.

      (2)   Grow house.

      (3)   Marijuana dispensary.

      (4)   Rental units rented for periods of less than one month.

      (5)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes, and setbacks:

      (1)   Minimum lot area, 12,000 square feet.

      (2)   Maximum density, six dwelling units per acre.

      (3)   Minimum lot width, 100 feet.

      (4)   Minimum lot depth, 120 feet.

      (5)   Maximum lot coverage, 40%.

      (6)   Minimum living area, 1,300 square feet per dwelling unit.

      (7)   Maximum height of building. Maximum height, 28 feet.

      (8)   No structure shall have more than two stories.

      (9)   Minimum yard requirements:

         a.   Front setback, 25 feet from lot line.

         b.   Side interior setback, 15 feet from lot line.

         c.   Side corner setback, 25 feet from lot line.

         d.   Rear setback, 25 feet from lot line.

      (10)   Minimum distance between structures, 15 feet.

   (g)   Landscaping regulations: Front and side yard setbacks, excluding parking areas and driveways, shall be landscaped with ground cover, trees, and shrubs; other decorative arrangements may be acceptable. Uncovered parking areas shall be landscaped with trees and shrubs. Except for driveways, the areas abutting the street right-of- way from the curb to the property line shall be landscaped and maintained by the owner. However, in no case shall the area landscaped be less than 33% of the total lot area, not including the rights-of-way.

   (h)   Supplementary regulations: As provided in §§ 7A-50 through 7A-69, and Chapter 9A.

   (i)   Where a lot is developed and the rear or side yard abuts a lot developed as a single-family, detached residential dwelling, or abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a nonsolid wall, or fence six (6) feet in height, shall be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall shall be erected by the owner of the 4-RM zoned property. The fence or wall shall be constructed as follows:

      (1)   Materials. Fences and walls shall be constructed of long-lasting, durable materials, such as precast or poured concrete, concrete block, composite hardboard (Hardi-board or Hardi Plank), or recycled plastics. Fences or walls of sheet, link or corrugated iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire shall not be constructed or placed on top of a fence.

         a.   Where concrete materials are used, dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance.

         b.   To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls or fences be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.

      (2)   The six (6) foot wall or fence shall extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the fence or wall shall be no higher than four (4) feet.

      (3)   The wall or fence shall comply with all Town Code requirements for vision clearance at corners and curb lots.

      (4)   Maintenance. Fences and walls shall be continuously maintained by the owner of the 4-RM property in an orderly and good condition, at no more than their maximum allowed height.

      (5)   With regard to lots that are developed on or before May 1, 2012, the wall or fence will be constructed by the property owner when the use of the property is changed or the existing use is substantially redeveloped. For the purposes of this section, the following definitions apply:

         a.   Change of use shall mean a change from the use existing to any other use.

         b.   Substantially redeveloped shall mean any increase in size, square footage, height, coverage or intensity of the use or any structure associated with the use, or the replacement or renovation the cost of which represents greater than 30% of the assessed value of the structures on the property as recorded in the most recent records of the property appraiser.

(`75 Code, Appendix A, Art. VI, § 4) (Ord. passed 9-26-72; Am. Ord. 78-4, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 90-04, passed 4-25-90; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2014-08, adopted 10-29-14; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   Intent. The provisions of this district are intended to apply to certain areas adjacent to the ocean (between Atlantic Street and the ocean). Restrictions herein are intended to ensure the preservation of the natural features of the area. Lot sizes and other restrictions provide for medium- density, multi-family residential development compatible with the preservation of amenities associated with oceanfront property.

   (b)   Principal uses and structures:

      (1)   Multi-family residences.

      (2)   Single-family residences (provided such residences meet the following 1-RS Single-Family Residential District requirements).

 

 

      (3)   Townhouses (See § 7A-63).

      (4)   Government-operated parks and beaches.

      (5)   Electric Utility Substations.

      (6)   K-12 Schools.

      (7)   Home occupations (See § 7A-62).

   (c)   Accessory uses and structures: Customary accessory uses clearly incidental and subordinate to the principal use and in keeping with the intent and purpose of the district.

   (d)   Special exceptions: Public recreation areas.

   (e)   Prohibited uses:

      (1)   Facility or base for mobile marijuana dispensary.

      (2)   Grow house.

      (3)   Marijuana dispensary.

      (4)   Rental units rented for periods of less than one month.

      (5)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes, and setbacks: Gross lot area shall be determined by using the bluff line as the easterly boundary line.

      (1)   Minimum lot area, 12,000 square feet.

      (2)   Maximum density, six dwelling units per acre.

      (3)   Minimum lot width, 100 feet.

      (4)   Minimum lot depth, 120 feet (from front lot line to ocean bluff line).

      (5)   Maximum lot coverage, 40%.

      (6)   Maximum building length, 150 feet.

      (7)   Minimum living area, 1,300 square feet per dwelling unit.

      (8)   Maximum height of the building. Maximum height, 28 feet and no more than 2 stories.

      (9)   Structures built within the 5-RMO zoning district that exceed 28 feet in height and are three stories may be reconstructed in the event of any involuntary catastrophic destruction subject to the following:

         a.   No building or structure shall exceed 36 feet regardless of the originally approved or constructed height.

         b.   No structure shall exceed the originally approved height as demonstrated by an approved building permit or other substantial evidence provided by the property owner.

         c.   Upon reconstruction that results in a building height lower than originally approved, any future reconstruction that becomes necessary, for any reason, shall not exceed the height of the most recent reconstruction or 28 feet, whichever is greater.

         d.   If a building permit or other substantial evidence documenting that the destroyed building exceeded 28 feet in height is not provided, then the maximum height of any reconstructed building shall be 28 feet.

         e.   Notwithstanding § 7A-35(f)(8) above, if the originally approved building permit or other substantial evidence provided documents that the building included three stories then the reconstructed building shall be allowed to have three stories.

      (10)   Minimum yard requirement

         a.   Front setback, 25 feet from the lot line.

         b.   Side setback, 25% of frontage shall be kept clear as a breezeway from the ocean. In no case shall any side setback be less than 12½ feet.

         c.   Ocean setback. No building or structure shall be constructed on oceanfront property within the Town boundaries seaward of the coastal setback line established pursuant to Chapter 5A. In addition to the structures permitted in Chapter 5A, beach access shall be permitted by an elevated boardwalk supported on pilings with appropriate steps.

      (11)   Minimum distance between structures, 15 feet.

   (g)   Landscaping regulations: Front and side yard setbacks (excluding parking areas and driveways) shall be landscaped with ground cover, trees, and shrubs; other decorative arrangements such as rock gardens, walkways, dwarf trees, cobble, brick, and substantially similar arrangements may be acceptable. Uncovered parking areas shall be landscaped with trees and shrubs. Except for driveways the areas abutting the street rights-of-way shall be landscaped to a depth of seven feet; the rights-of-way from the curb to the property line may be landscaped and maintained at the owner's option. However, in no case shall the area landscaped be less than 33% of the total lot area, not including rights-of-way.

   (h)   Supplementary regulations: As provided in §§ 7A-50 through 7A-69, and Chapter 9A.

   (i)   Where a lot is developed and the rear or side yard abuts a lot developed as a single-family, detached residential dwelling or abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a nonsolid wall, or fence six (6) feet in height, shall be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall shall be erected by the owner of the 5-RMO zoned property. The fence or wall shall be constructed as follows:

      (1)   Materials. Fences and walls shall be constructed of long-lasting, durable materials, such as precast or poured concrete, concrete block, composite hardboard (Hardi-board or Hardi Plank), or recycled plastics. Fences or walls of sheet, link or corrugated iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire shall not be constructed or placed on top of a fence.

         a.   Where concrete materials are used, dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance.

         b.   To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls or fences be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.

      (2)    The six (6) foot wall or fence shall extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the fence or wall shall be no higher than four (4) feet.

      (3)   The wall or fence shall comply with all Town Code requirements for vision clearance at corners and curb lots.

      (4)   Maintenance. Fences and walls shall be continuously maintained by the owner of the 5-RMO property in an orderly and good condition, at no more than their maximum allowed height.

      (5)   With regard to lots that are developed on or before May 1, 2012, the wall or fence will be constructed by the property owner when the use of the property is changed or the existing use is substantially redeveloped. For the purposes of this section, the following definitions apply:

         a.   Change of use shall mean a change from the use existing to any other use.

         b.   Substantially redeveloped shall mean any increase in size, square footage, height, coverage or intensity of the use or any structure associated with the use, or the replacement or renovation the cost of which represents greater than 30% of the assessed value of the structures on the property as recorded in the most recent records of the property appraiser.

(`75 Code, Appendix A, Art. VI, § 5) (Ord. passed 9-26-72; Am. Ord. 78-4, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 90-04, passed 4-25-90; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17) Penalty, see § 7A-173

   (a)   Intent. The provisions of this district are intended to apply on centrally located areas adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to provide limited business activities serving the needs of residential neighborhoods. Uses should reflect an atmosphere of providing basic consumer needs of the residential community.

   (b)   Principal uses and structures. The following uses and structures are permitted for any use or group of uses that are developed, either separately or as a unit with certain site improvements shared in common:

      (1)   Retail stores, sales and display rooms, including places where goods are produced and sold at retail on the premises.

      (2)   Personal service establishments such as barber and beauty shops, laundry, and dry- cleaning pickup stations, and tailor shops.

      (3)   Professional offices, studios, clinics, general offices, and business schools.

      (4)   Banks and financial institutions.

      (5)   Educational and cultural institutions.

      (6)   Public and private parking lots.

      (7)   Governmental and municipal buildings and public recreation areas.

   (c)   Accessory uses and structures: Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use and in keeping with the low-density commercial character of the District.

   (d)   Special exceptions:

      (1)   Bar/lounge.

      (2)   Houses of worship. A house of worship must have a maximum of 150 seats in the main assembly area. The main assembly area must include side rooms and areas that can convert into part of main assembly room.

      (3)   Bed and breakfast inns. To be permitted, a bed and breakfast inn must meet the provisions of § 7A-152(c)(2) and (3) of this code and the following requirement: If the facility proposed to be a bed and breakfast inn is an existing structure(s), the architectural features must be preserved. A rendering of the elevation must be submitted by the applicant and shall be attached to the special exception approval to assure future preservation of the architectural features.

      (4)   Restaurant, subject to the following conditions:

         a.   At least 51% of the total gross revenues must come on a bi-monthly basis from the retail sale on the premises of food and non-alcoholic beverages. Proceeds of catering sales are not to be included in the calculation of the total gross revenues. "Catering sales" include food or non-alcoholic beverage sales prepared by the restaurant owner/operator on the premises for service by the owner/operator outside the restaurant premises.

         b.   For restaurants that serve any alcoholic beverages, the restaurant owner/operator is required upon request by the Town Manager, a Town code enforcement officer, or any Town law enforcement officer to "open the restaurant's records" to substantiate that 51% or more of the total gross revenues reported on a bi-monthly basis is derived from the sale of food and non-alcoholic beverages, exclusive of revenues derived from catering. The restaurant owner/operator has the burden of proof of compliance with the requirements that 51% or more of the total gross revenues reported on a bi-monthly basis is derived from the sale of food and non-alcoholic beverages, exclusive of revenues derived from catering. Failure to substantiate or prove compliance with this requirement results in the rebuttable presumption that the restaurant is in actuality a bar or lounge.

            1.   For restaurants that serve any alcoholic beverages to qualify as a restaurant pursuant to this code, the restaurant must maintain separate records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases and gross retail sales of alcoholic beverages. The records required in this subparagraph must be maintained on the premises of the restaurant, or such other designated place approved in writing by the Town Manager for a period of three years after the month of sale. The Town Manager will approve written requests to maintain the aforementioned records off the premises when the place to be designated is the restaurant's business office, open eight hours per work day, of a corporate officer, attorney, or accountant; the place to be designated is located in Brevard County; and the place to be designated is precisely identified by complete mailing address not using a post office box. A failure to keep the foregoing sale records creates a presumption that the restaurant is operating as a bar/lounge.

            2.   Since the burden is on the holder of the "restaurant" zoning designation to demonstrate compliance with the foregoing requirements of the designation as restaurant, the records required to be kept must be legible, clear, and in the English language, and must be made available within 14 days upon demand by the Town Manager, a code enforcement officer of the Town or Town law enforcement.

         c.   The required percentage must be computed by adding all gross sales of food, non-alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the total of the gross sales of food plus non-alcoholic beverages.

   (e)   Prohibited uses:

      (1)   Drive-in, drive-up, drive through, or any other similar feature that provides for receipt of goods, services, food, money or information by a consumer while seated in a motor vehicle.

      (2)   Facility or base for mobile marijuana dispensary.

      (3)   Grow house.

      (4)   Marijuana dispensary.

      (5)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes, and setbacks:

      (1)   Minimum lot area, 9,000 square feet.

      (2)   Minimum lot width, 60 feet (at front building line).

      (3)   Minimum lot depth, 150 feet.

      (4)   Maximum lot coverage, 50%.

      (5)   Minimum floor area, 300 square feet.

      (6)   Maximum height, 35 feet.

      (7)   Minimum yard requirements:

         a.   Front setback, 25 feet from lot line.

         b.   Side interior lot setback, none; provided a public access is available to the rear of the lot for trash removal and fire protection. Otherwise, a minimum side setback of 15 feet on one side of the structure is required.

         c.   Side corner lot setback, 20 feet from lot line.

         d.   Rear setback, 20 feet from lot line, except 25 feet when abutting a residential area, and 15 feet when abutting an alley.

         e.   Ocean setback. No building or structure shall be constructed on oceanfront property within the Town boundaries seaward of the coastal setback line established pursuant to Chapter 5A. In addition to the structures permitted in Chapter 5A, beach access shall be permitted by an elevated boardwalk supported on pilings with appropriate steps.

   (g)   Sidewalk and parking lots: Sidewalks and parking lots shall be constructed and maintained by the owner along the public streets or highways abutting any developments in this District.

   (h)   Supplementary regulations: As provided in § 7A-50 through 7A-69, and Chapter 9A.

   (i)   Where a lot is developed for commercial use and the rear or side yard abuts a lot developed as a single-family, detached residential dwelling, or abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a masonry wall six (6) feet in height must be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall must be erected and maintained by and at the expense of the owner of the 6-B zoned property. The wall must be constructed as follows:

      (1)   Materials. Walls must be constructed of long-lasting, durable masonry materials, such as precast or poured concrete or concrete block. Walls of sheet, link or corrugated, iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire must not be constructed or placed on top of a wall or used as part of a wall.

         (A)   Dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance. Plain concrete walls are not permitted.

         (B)   To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.

      (2)   The six (6) foot wall must extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the wall must be no higher than four (4) feet.

      (3)   The wall must comply with all Town code requirements for vision clearance at corners and curb lots.

      (4)   Maintenance. Walls must be continuously maintained on both sides of the wall at no more than their maximum allowed height at the expense of and by the owner and occupant of the property within the 6-B zoning district in an orderly, non-deteriorating, and good condition free of graffiti, peeling or blistering paint or materials, broken or missing sections or posts, broken concrete block masonry, and the like.

      (5)   With regard to lots that were granted a special exception for an eating and drinking establishment, on or before April 1, 2013, a masonry wall meeting the foregoing requirements must be constructed by and at the expense of the property owner of the 6-B zoned property when the use of the property is changed to a restaurant or the pre-existing eating and drinking establishment use is substantially redeveloped. For the purposes of this sub-paragraph, the following definitions apply:

         (A)   "Change of use" means a change from the use existing to any other use.

         (B)   "Substantially redeveloped" means any increase in size, square footage, height, coverage or intensity of the use or any structure associated with the use, or the replacement or renovation the cost of which represents greater than 30% of the assessed value of the structures on the property as recorded in the most recent records of the property appraiser.

(`75 Code, Appendix A, Art. VI, § 6) (Ord. passed 9-26-72; Am. Ord. 74-3, passed 9-24-74; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2003-04, adopted 12-17-03; Am. Ord. 2-2005, adopted 7-20-05; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2008-08, adopted 9-3-08; Am. Ord. 2009-03, adopted 4-15-09; Am. Ord. 2013-02, adopted 5-15-13; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2018-03, adopted 8-15-18)

   (a)   Intent. The provisions of this district are intended to apply on centrally-located areas adjacent to major arterial streets and convenient to major residential areas. The type of uses permitted are intended to provide business activities serving the needs of residential neighborhoods and the motorist. Uses should reflect an atmosphere of providing basic consumer needs of the residential community.

   (b)   Principal uses and structures. The following uses and structures are permitted for any use or group of uses that are developed, either separately or as a unit with certain site improvements shared in common:

      (1)   Retail stores, sales and display rooms, including places where goods are produced and sold at retail on the premises.

      (2)   Personal service establishments such as barber and beauty shops, laundry, and dry cleaning pickup stations, and tailor shops.

      (3)   Professional offices, studios, clinics, general offices, and business schools.

      (4)   Banks and financial institutions.

      (5)   Educational and cultural institutions.

      (6)   Public and private parking lots.

      (7)   Governmental and municipal buildings and public recreation areas.

      (8)   Service stations subject to the following conditions:

         a.   Any combustible material receptacle that has a capacity of over 110 gallons shall be underground.

         b.   The following activities are prohibited:

            1.   Storage or display of rental trucks and trailers;

            2.   Storing vehicles;

            3.   Excessive lighting including lighting that is not restricted to the site without glare or direct illumination onto adjacent properties; and

            4.   Outdoor speaker system.

   (c)   Accessory uses and structures: Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use and in keeping with the low-density commercial character of the District.

   (d)   Special exceptions:

      (1)   Bar/lounge.

      (2)   Houses of worship. A house of worship must have a maximum of 150 seats in the main assembly area. The main assembly area must include side rooms and areas that can convert into part of the main assembly room.

      (3)   Restaurants, subject to the following conditions:

         a.   At least 51% of the total gross revenues must come on a bi-monthly basis from the retail sale on the premises of food and non-alcoholic beverages. Proceeds of catering sales are not to be included in the calculation of the total gross revenues. "Catering sales" include food or non-alcoholic beverage sales prepared by the restaurant owner/operator on the premises for service by the owner/operator outside the restaurant premises. The restaurant owner/operator has the burden of proof of compliance with the requirements that 51% or more of the total gross revenues reported on a bi-monthly basis is derived from the sale of food and non-alcoholic beverages, exclusive of revenues derived from catering. Failure to substantiate or prove compliance with this requirement results in the rebuttable presumption that the restaurant is in actuality a bar or lounge.

         b.   For restaurants that serve any alcoholic beverages, the restaurant owner/operator is required upon request by the Town Manager, a Town code enforcement officer, or any Town law enforcement officer to "open the restaurant's records" to substantiate that 51% or more of the total gross revenues reported on a bi-monthly basis is derived from the sale of food and non-alcoholic beverages, exclusive of revenues derived from catering.

            1.   For restaurants that serve any alcoholic beverages to qualify as a restaurant pursuant to this code, the restaurant must maintain separate records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases and gross retail sales of alcoholic beverages. The records required in this subparagraph must be maintained on the premises of the restaurant, or such other designated place approved in writing by the Town Manager for a period of three years after the month of sale. The Town Manager must approve written requests to maintain the aforementioned records off the premises when the place to be designated is the restaurant' s business office, open eight hours per work day, of a corporate officer, attorney, or accountant; the place to be designated is located in Brevard County; and the place to be designated is precisely identified by complete mailing address not using a post office box. A failure to keep the foregoing sale records creates a presumption that the restaurant is operating as a bar/lounge.

            2.   Since the burden is on the holder of the "restaurant" zoning designation to demonstrate compliance with the foregoing requirements of the designation as restaurant, the records required to be kept must be legible, clear, and in the English language, and must be made available within 14 days upon demand by the Town Manager, a code enforcement officer of the Town or Town law enforcement officer.

         c.   The required percentage must be computed by adding all gross sales of food, non-alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the total of the gross sales of food plus non-alcoholic beverages.

   (e)   Prohibited uses:

      (1)   Drive-in, drive-up, drive through, or any other similar feature, excepting service stations that provides for receipt of goods, services, food, money, or information by a consumer in a motor vehicle.

      (2)   Facility or base for mobile marijuana dispensary.

      (3)   Grow house.

      (4)   Marijuana dispensary.

      (5)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes and setbacks:

      (1)   Minimum lot area, 9,000 square feet.

      (2)   Minimum lot width, 60 feet (at front building line).

      (3)   Minimum lot depth, 150 feet.

      (4)   Maximum lot coverage, 50%.

      (5)   Minimum floor area, 300 square feet.

      (6)   Maximum height, 35 feet.

      (7)   Minimum yard requirements:

         a.   Front setback, 25 feet from lot line.

         b.   Side interior lot setback, none; provided a public access is available to the rear of the lot for trash removal and fire protection. Otherwise, a minimum side setback of 15 feet on one side of the structure is required.

         c.   Side corner lot setback, 20 feet from lot line.

         d.   Rear setback, 20 feet from lot line, except 25 feet when abutting a residential area, and 15 feet when abutting an alley.

      (8)   Service station requirements:

         a.   Building setbacks shall be a minimum of 70 feet from road rights-of-way with canopies and pumps at a minimum of 30 feet; on streets where no pumps are located, setbacks shall be at least 55 feet.

         b.   Two curb cuts for ingress and egress are required for each street side. All curb cuts which adjoin state-controlled rights-of-way must also be approved by the State Department of Transportation.

   (g)   Landscaping regulations: Front and side yard setbacks (excluding parking areas and driveways) shall be landscaped with ground cover, trees, and shrubs; other decorative arrangements such as rock gardens, walkways, dwarf trees, cobble, brick and like arrangements may be acceptable. Uncovered parking areas shall be landscaped with trees and shrubs. Except for driveways, the areas abutting the street rights-of- way from the curb to the property line shall be landscaped. The rights-of-way from the curb to the property line shall be landscaped and maintained by the owner. However, in no case shall the area landscaped be less than 20% of the total lot area, not including rights-of-way.

   (h)   Sidewalk and parking lots: Sidewalks and parking lots shall be constructed and maintained by the owner along the public streets or highways abutting any developments in this District.

   (i)   Supplementary regulations: As provided in §§ 7A-50 through 7A-69, and Chapter 9A.

   (j)   Where a lot is developed for commercial use and the rear or side yard abuts a lot developed as a single-family, detached residential dwelling, or abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS single-family residential zoning district, or zone 8-B, a masonry wall six (6) feet in height must be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall must be erected and maintained by and at the expense of the owner of the 7-C zoned property. The wall must be constructed as follows:

      (1)   Materials. Walls must be constructed of long-lasting, durable masonry materials, such as precast or poured concrete or concrete block. Walls of sheet, link or corrugated, iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire must not be constructed or placed on top of a wall or used as part of a wall.

         a.   Dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance. Plain concrete walls are not permitted.

         b.   To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.

      (2)   The six (6) foot wall must extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the wall must be no higher than four (4) feet.

      (3)    The wall must comply with all Town code requirements for vision clearance at corners and curb lots.

      (4)   Maintenance. Walls must be continuously maintained on both sides of the wall at no more than their maximum allowed height at the expense of and by the owner and occupant of the property within the 7-C zoning district in an orderly, non-deteriorating, and good condition free of graffiti, peeling or blistering paint or materials, broken or missing sections or posts, broken concrete block masonry, and the like.

      (5)   With regard to lots that were granted a special exception for an eating and drinking establishment on or before April 1, 2013, a masonry wall meeting the foregoing requirements must be constructed by the property owner when the use of the property is changed to a restaurant or the pre-existing eating and drinking establishment use is substantially redeveloped. For the purposes of this sub-paragraph, the following definitions apply:

         a.   "Change of use" means a change from the use existing to any other use.

         b.   "Substantially redeveloped" means any increase in size, square footage, height, coverage or intensity of the use or any structure associated with the use, or the replacement or renovation the cost of which represents greater than 30% of the assessed value of the structures on the property as recorded in the most recent records of the property appraiser.

(`75 Code, Appendix A, Art. VI, § 7) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2008-08, adopted 9-3-08; Am. Ord. 2009-03, adopted 4-15-09; Am. Ord. 2013-02, adopted 5-15-13; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2018-03, adopted 8-15-18)

   (a)   Intent. The provisions of this district are intended to apply to the historical area of the Town along Ocean Avenue. Lot sizes and other restrictions are intended to promote and protect medium-density residential and business development while preserving adequate open space and the historical nature of the area and ensuring compatibility with other areas of the community.

   (b)   Principal uses and structures:

      (1)   Multi-family residences.

      (2)   Single-family residences (provided such residences meet the following 3-RS Single- Family Residential District requirements).

 

 

      (3)   Duplexes.

      (4)   Houses of worship. A house of worship must have a maximum of 150 seats in the main assembly area. The main assembly area must include side rooms and areas that can convert into part of the main assembly room.

   (c)   Accessory uses and structures: Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use and in keeping with the intent and purpose of the District.

   (d)   Special exceptions:

      (1)   Personal service establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, dry cleaning drop- off/pickup stations, nail care, reducing salons and health clubs, shoe repair, tailor, and similar uses no primarily offering a product for sale.

      (2)   Professional offices, clinics, general offices, business schools and similar uses.

      (3)   Educational and cultural institutions.

      (4)   Governmental and municipal buildings and public recreation areas.

      (5)   Bed and breakfast inns.

   (e)   Prohibited uses:

      (1)   Drive-in, drive-up, drive through, or any other similar feature that provides for receipt of goods, services, food, money or information by a consumer while seated in a motor vehicle.

      (2)   Facility or base for mobile marijuana dispensary.

      (3)   Grow house.

      (4)   Marijuana dispensary.

      (5)   All other uses not specifically or provisionally permitted herein.

   (f)   Lot and principal structures, sizes, and setbacks, all uses except single-family residences:

      (1)   Minimum lot area, 9,000 square feet.

      (2)   Minimum lot width, 60 feet (at building setback line).

      (3)   Minimum lot depth, 150 feet.

      (4)   Maximum lot coverage, 40%.

      (5)   Minimum floor area.

         a.   Single-family structures, 1,400 square feet including one-half of the garage area not to exceed 200 square feet, excluding porches.

         b.   Multifamily structures:

            1.   One-bedroom apartment, 800 square feet minimum.

            2.   Two-bedroom apartment, 1,000 square feet minimum. Additional bedrooms require an increase of 150 square feet for each additional bedroom.

            3.   Duplex, 2,000 square feet (1,000 square feet for each dwelling unit).

            4.   Businesses, 300 square feet minimum.

      (6)   Maximum density, 15 dwelling units per acre.

      (7)   Maximum height, 28 feet.

      (8)   Minimum yard requirements:

         a.   Front setback, 25 feet from lot line.

         b.   Side interior lot setback, none; provided a public access is available to the rear of the lot for trash removal and fire protection. Otherwise, a minimum side setback of 15 feet on one side of the structure is required.

         c.   Side corner lot setback, 20 feet from lot line.

         d.   Rear setback, 20 feet from lot line; except 25 feet when abutting a residential area, and 15 feet when abutting an alley.

      (9)   Minimum distance between structures on the same lot, 15 feet.

   (g)   Sidewalk and parking lots. Sidewalks and parking lots shall be constructed and maintained by the owner along the public streets or highways abutting any developments in this district.

   (h)   Supplementary regulations: As provided in §§ 7A-50 through 7A-69, and Chapter 9A.

   (i)   Where a rear or side line of a developed lot abuts residentially zoned property (1-RS, 2-RS, or 3-RS single-family residential zoning districts), and the 8-B property has been granted a special exception use permit, a nonsolid wall or fence six (6) feet in height, shall be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall shall be erected by the owner of the 8-B zoned property. The fence or wall shall be constructed as follows:

      (1)   Materials. Fences and walls shall be constructed of long-lasting, durable materials, such as precast or poured concrete, concrete block, composite hardboard (Hardi-board or Hardi Plank), or recycled plastics. Fences or walls of sheet, link or corrugated, iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire shall not be constructed or placed on top of a fence.

         a.   Where concrete materials are used, dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance.

         b.   To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls or fences be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.

      (2)   The six (6) foot wall or fence shall extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the fence or wall shall be no higher than four (4) feet.

      (3)   The wall or fence shall comply with all Town Code requirements for vision clearance at corners and curb lots.

      (4)   Maintenance. Fences and walls shall be continuously maintained by the owner of the 8-B property in an orderly and good condition, at no more than their maximum allowed height.

   (j)   Where the rear or side lot of a developed lot abuts residentially zoned property (1-RS, 2-RS or 3 RS single-family residential zoning districts) and the 8-B property is used for multi-family residential purposes, a fence, six feet in height, shall be constructed parallel to that rear or side lot line. The fence shall be erected by the owner of the 8-B zoned property. The fence shall extend the full length of the adjoining residential property located in the 1-RS, but shall be no higher than four feet, forward of the front building line of the adjoining residential lot. Further, the fence shall comply with code requirements for vision clearance at corners and curb lots. Fences shall be maintained in good condition by the owner of the 8-B zoned property.

   (k)   Vested rights for properties granted special exception uses prior to September 17,2008. Provided that all the conditions set forth in § 7A-38(l) are met, all properties having been granted development approval, and which were developed on or before September 17, 2008, for any or all of the following special exception uses, shall be permitted to maintain those uses on the property, in the same manner and to substantially the same extent that the uses were approved, subject to the same conditions and limitations placed upon any prior established use:

      (1)   Retail stores, sales and display rooms, including places where goods are produced and sold at retail on the premises.

      (2)   Personal service establishments such as laundry and dry cleaning pickup stations, and similar uses.

      (3)   Professional studies, business schools and similar uses.

      (4)   Vocational and trade schools not involving operations of an industrial nature.

      (5)   Banks and financial institutions.

      (6)   Public and private parking lots.

      (7)   Public recreation areas.

   Additionally, the provisions of § 7A-38(e)(5) shall not apply to those properties granted, and developed with, any or all of the special exceptions listed in this § 7A-38(k) as of September 17. 2008. In applying this subsection (k), no pre-existing use to which vested rights applies shall be expanded, either in size or scope, beyond the use as approved, developed, and in existence on or before September 17, 2008.

   (l)   Conditions, applicable uses and structures associated with § 7A-38(k).

   The establishment of any use under the provisions of § 7A-38(k) shall be subject to the following conditions:

      (1)   The number of off-street parking spaces provided on the site are consistent with special exception approval granted prior to September 17, 2008. The degree of parking nonconformity shall not be increased by any extent.

      (2)   A structural feature or structure which is integrally associated with the use, but which is now prohibited under § 7A-38(e)(1), shall be considered part of the approved special exception use and may be reestablished in the event of its destruction. However, if the structure or structural feature is nonconforming with respect to any provision of § 7A-38(f), the provisions of § 7A-83 shall apply to the nonconforming structure.

      (3)   Signs that do not meet the current provisions of § 7A-52(d) shall be considered nonconforming signs and subject to the provisions of § 7A-52(f).

(`75 Code, Appendix A, Art. VI, § 8) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2007-08, adopted 11-14-07; Am. Ord. 2008-08, adopted 9-3-08; Am. Ord. 2008-09, adopted 11-19-08; Am. Ord. 2009-03, adopted 4-15-09; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2016-01, adopted 10-19-16; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   Intent. The provisions of this district are intended to apply to lands operated for a public governmental use including Town lands and/or structures owned by or leased to the Town of Melbourne Beach. Such lands are intended to provide for public facilities, public assembly, and public recreational, educational, or cultural services to residents of and visitors to the Town.

   (b)   Principal uses and structures:

      (1)   Public buildings and activities, such as Town halls, public safety buildings, auditoriums, community centers, historic buildings, and similar uses.

      (2)   Public educational institutions.

      (3)   Public recreational uses.

      (4)   Libraries.

      (5)   Special event uses such as:

         a.   Town sponsored events.

         b.   Non-commercial exhibits or shows.

         c.   Private party, meeting, wedding or other private gatherings.

         d.   Non-commercial similar uses.

   (c)   Use of Town properties or other public lands by entities other than the Town.

   Except as may otherwise be limited by deed restrictions or other conditions attached to the use of Town lands or structures, the Town may rent, lease, or sublease such properties to others and may allow the use of such properties for special events under the following circumstances, conditions and limitations:

   A special event permit shall be required for any event held by an entity other than the Town of Melbourne Beach and such special event shall be governed by the definitions, application requirements, processes and regulations set forth in Chapter 52 of the Town's Code of Ordinances.

   (d)   Accessory uses and structures: Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use and in keeping with the intent of the district.

   (e)   Special exceptions: None.

   (f)   Prohibited uses:

      (1)   Any use which is not public in character.

      (2)   Drive-in, drive-up, drive through, or any other similar feature that provides for receipt of goods, services, food, money or information by a consumer while seated in a motor vehicle.

      (3)   Facility or base for mobile marijuana dispensary.

      (4)   Grow house.

      (5)   Marijuana dispensary.

      (6)   All other uses not specifically or provisionally permitted herein.

   (g)   Lot and structure requirements: None.

(`75 Code, Appendix A, Art. VI, § 9) (Ord. passed 9-26-72; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   All churches, temples, places of worship, libraries, museums and schools existing in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district and in existence on the effective date of this section (April 25, 1990), shall be regarded as conforming uses. However, no church, temple, place of worship, library, museum or school existing in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district and in existence on the effective date may expand beyond the lot lines and existing parcel on which said church, temple, place of worship, library, museum or school in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district existed on the effective date; provided, further, that no separate platted lot (or lots) in the 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning districts which is unimproved on December 13, 1989 may be used for expansion of such use or structure.

   (b)   Nothing in this section shall be deemed to preclude the future expansion or reconstruction of improvements on the existing lot or parcel of any church, temple, place of worship, library, museum, or school located in a 1-RS, 2-RS, 3-RS, 4-RM, or 5-RMO zoning district and in existence on the effective date of this section, if a site plan for such expansion or reconstruction is duly approved by the Town using the procedures and criteria otherwise generally established in the Town Code of Ordinances for approval of site plans; provided, however, that no separate platted lot (or lots) in the 1-RS, 2-RS, 3-RS, 4-RM, or 5-RMO zoning districts which are unimproved on December 13, 1989 may be used for expansion of such use or structure. Spires and steeples may be reconstructed to their originally approved height in the event of destruction, structural deterioration, or other circumstances requiring replacement.

   (c)   The term IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION, as used in this section, shall include all churches, temples, places of worship, libraries, museums and schools in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district:

      (1)   That were approved special exceptions on the effective date of this section;

      (2)   That were constructed in said zoning districts and existing prior to the existence of zoning in the Town of Melbourne Beach but which had not been expanded since the inception of zoning; or

      (3)   That were subject to an application for a special exception or expansion of a special exception filed and pending consideration before the Board of Adjustment on or before December 13, 1989 and for which the Board of Adjustment had not issued a final determination on said application on or before the effective date of this section.

(Ord. 90-04, passed 4-25-90; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2017-05, adopted 12-20-17)