(a)   Minimum requirements. In the interest of the health, safety and welfare of the general public and in the promotion and preservation of traffic safety, all buildings, structures and uses shall be provided with adequate off-street parking and off- street loading facilities in accordance with the parking and loading requirements of this section. Off-street parking and off-street loading areas shall be maintained to be structurally sound and neat and orderly in appearance and continued as part of the primary use of the site.

   If the gross floor area of the principal structure on the site is expanded or enlarged, or if the use on the site is changed to one which would require a larger number of parking spaces than the previous use, then off-street parking serving the site shall be increased by the number of additional parking spaces required by the new use. Deficiencies in the number of required parking spaces shall not be increased. If an existing deficiency is maintains or reduced then the change of use may be approved.

   Parking space computation shall be based on the gross floor area unless otherwise stipulated in the Land Development Code.

   The minimum off-street parking spaces shall be provided in accordance with the following:

      (1)   Business, Office, Professional Office, Financial, Medical, Dental, Clinic, or retail uses. One space per 200 square feet of gross floor area or fraction thereof.

      (2)   Barbershops and beauty parlors. One space per 100 square feet of gross floor area or fraction thereof.

      (3)   Churches, temples or places of worship. One space for each three seats or seating places, or one space for each 150 square feet of gross floor area, or fraction thereof, of the main assembly hall, whichever is greater, based on maximum occupancy as determined by the fire marshal.

      (4)   Libraries, museums. One space for each 300 square feet of gross floor area, or fraction thereof, that is open to the public.

      (5)   Multi-family dwelling units. Two parking spaces per unit must be provided. At least one of these spaces must be fully enclosed.

      (6)   Restaurants, lounges, and other eating or drinking establishments. One space per 75 feet of gross floor area devoted to customer service.

      (7)   Single-family dwelling units. Enclosed parking space must be provided for at least two vehicles.

      (8)   Vocational, trade, and academic schools above ninth grade level: One space for every two students (computed on total student capacity as determined by the fire marshal and/or the State of Florida).

      (9)   Schools ninth grade level and below: one and 1/2 spaces for each classroom.

      (10)   Daycare/nurseries: one and one half spaces for each employee based on the number of employees determined by State licensing agency to be present when operating at full capacity.

      (11)   Bed and breakfast inns. One on-site parking space per guestroom and an additional two on-site parking spaces for the resident manager/innkeeper.

      (12)   Drug stores and pharmacies. One space for each 200 square feet of gross floor area or fraction thereof.

      (13)   Parking requirements for uses not specifically listed shall be determined by the Building Official based on the most similar use listed which is most similar in the number of automobile trips generated as computed using the most recent edition of the I.T.E. Trip Generation Manual.

   (b)   Location and design of off-street parking spaces for other than single-family residential dwellings and duplex residential structures.

      (1)   Parking spaces shall be located on the same property with the principal structure and use to be served, unless otherwise authorized by the Town Commission. Off-site parking may be authorized in the following instances:

         a.   Insufficient parking is available on the property containing the principal structure.

         b.   The off-site parking area is located a maximum of 300 feet to the property line as measured along a straight line from the closest point of each property to one another.

         c.   Compliance with all other applicable parking regulations are complied with.

         d.   No public right-of-way or other public property shall be used to meet the parking requirements.

      (2)   Sufficient on site space shall be provided to ensure for ingress and egress to parking spaces and internal traffic circulation.

         a.   Minimum design standards. Minimum dimensions of parking spaces shall be ten

feet (10') by twenty feet (20'). When a curb stop or curbing is used as a wheel stop for head-in parking, the twenty foot (20') dimension may be eighteen feet (18') of paving from the curb stop plus a two foot (2') overhang area. The overhang area shall not be counted as buffering or landscaping area to meet minimum landscape requirements.

         b.   Minimum ingress/egress. Parking areas shall have parking spaces meeting the standards set forth in subparagraph (2)a. above, and shall meet the following standards with regard to driveways or aisles through a parking lot.

      (3)   Required off-street parking areas for three or more automobiles 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 public right-of-way, public street, walk, or alley, and so that any automobile may access and exit from the parking space without moving another automobile.

   (c)   Additional regulations.

      (1)   No truck over ¾-ton, trailer, major recreational equipment, travel van, boat or similar object may be parked in front of the front building line of a residence unless it is not visible from the street.

      (2)   Handicapped parking space requirements. Handicapped parking spaces shall be posted as per the Federal Highway Administration Uniform Traffic Code. The required number of handicapped parking spaces and design shall be as required by Florida Statutes.

   (d)   Off-street loading requirements. Loading space dimensions: length, 45 feet; width, 14 feet; and height, 14 feet. Sufficient maneuvering area shall be provided where it is anticipated that trucks or trailers exceeding 45 feet in length will be utilized in loading or unloading. Loading spaces shall be within the confines of the property.

      (1)   Every single-occupancy retail or office establishment permitted use having a floor area of 3,000 square feet or more, requiring the receipt or distribution by vehicles of materials and merchandise shall have at least one permanently maintained off-street loading space for each 3,000 square feet of gross floor area.

      (2)   Single-occupancy retail operations with a gross floor area of less than 3,000 square feet shall provide sufficient receiving space on the property so as not to hinder the fast movement of vehicles and pedestrians over a sidewalk, street or alley as determined by the Town Planner.

      (3)   All refuse and garbage shall be held in suitable containers at the rear of the front line of the structure for subsequent pickup.

   (e)   No off-street parking of vehicles is allowed except on hard surfaced areas. Hard surface shall include asphalt, concrete or other similar stabilizing material. Pervious surfacing material considered by the Planning and Zoning Board may be approved by the Town Commission as part of the site plan review and approval process where circumstances of use are conducive to this type of pavement. Marl is specifically prohibited for use in parking areas and driveways.

   (f)   Where artificial lighting of parking areas is provided, it shall be designed and arranged so as to shield public streets and adjacent properties from direct glare.

(`75 Code, Appendix A, Art. VII, § 1) (Ord. passed 9-26-72; Am. Ord. 83-3, passed 3-15-83; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 93-01, passed 3-10-93; Am. Ord. 94-01, passed 6-15-94; Am. Ord. 2003-04, adopted 12-17-03; Am. Ord. 2-2005, adopted 7-20-05; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2018-03, adopted 8-15-18; Am. Ord. 2019-06, adopted 1-15-20)

   (a)   Purpose. The purpose of these provisions is to provide a harmonious and compatible relationship between business uses in the Town and in neighboring residential areas and, in the case of multi- family development, to encourage a harmonious linkage with the surrounding developments. These provisions are also provided so that the approval of any special exception may be conditioned on an applicable site plan. This is provided with a review and evaluation of all site plans by the Civil Engineer, Building Official and/or Planning Official, Planning and Zoning Board, and the Town Commission.

   (b)   Site plan approval required. A site plan must be reviewed and evaluated by the Civil Engineer, Building Official and/or Planning Official and Planning and Zoning Board and approved by the Town Commission prior to issuance of a permit for development of any of the following:

      (1)   New construction for buildings and related structures in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.

      (2)   Construction or alterations that will increase the height of an existing building or structure, including but not limited to additional stories, false roofs, false walls, and facades, in a 4-RM, 5-RMO, 6-B, 7-C or 8-B zoning district.

      (3)   Construction or alteration that will expand the interior of an existing building devoted to an existing use if the expansion is to a special exception use or if the expansion would result in a requirement for additional parking spaces.

      (4)   Construction or alteration that will expand the exterior of an existing building including but not limited to porches, patios, decks, balconies or other features, that have the potential to increase the activities on the site in a manner that would create a need for additional off-street parking or loading facilities, in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.

      (5)   Construction or alteration that occurs in conjunction with a change in the usage (activity) of an existing building or structure in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.

      (6)   Churches, museums, places of worship, temples, libraries or schools in a 1-RS, 2-RS, or 3-RS zoning district.

      (7)   For all development related to a special exception use, the special exception use shall not be considered approved until a site plan meeting all criteria of the Land Development Code has been reviewed by Town staff and the Planning and Zoning Board and approved by the Town Commission.

   (c)   General consideration and site plan review.

      (1)   The Planning and Zoning Board, Civil Engineer, Building Official and/or the Planning Official shall ascertain that proposed lot sizes, lot coverage, building heights, yard requirements, stormwater retention, loading provisions, off-street parking provisions and other provisions that are regulated by the Land Development Code are adequate to meet the requirements of this Land Development Code and that proposed uses are harmonious with the adjacent uses and with the area.

      (2)   In addition to the above general consideration, the Civil Engineer, Building Official and/or the Planning Official, Planning and Zoning Board and the Town Commission, in the exercise of their authority, shall also consider the following standards and factors and shall show in the record that each factor was considered.

         a.   Ingress and egress to property and proposed structures, with reference to automotive and pedestrian safety, traffic flow and control, provision of services and access in case of fire or catastrophe.

         b.   Manner of drainage to and from the property.

         c.   Utilities, with reference to hook- in locations and availability and capability for the use projected.

         d.   Off-street parking areas and loading areas with attention to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and convenience to the units it is designed to serve.

         e.   Landscaping in conjunction with parking areas and open spaces (see Chapter 9A).

         f.   Density of development, within the framework of the permitted density in the case of multi-family uses.

         g.   In multi-family development, consideration shall be given to recreation and open spaces, with attention to the location, size and development of the areas in regard to their adequacy, their effect on privacy of adjacent living areas and their relationship to community-wide open spaces and recreation facilities.

         h.   General character and compatibility with reference to ensuring the proposed plan will be designed so as not to cause substantial depreciation of property values or reduce the safety, light, air and general convenience of neighboring developments.

         i.   Setbacks, distances between structures, required screening for adjoining areas, lighting and signs.

      (3)   With regard to site plans for a special exception use, the special exception and the site plan shall also be evaluated by the Board of Adjustment considering each of the foregoing requirements in paragraph (2) above; the requirements for issuance of a special exception set forth in § 7A-152; and the special exception requirements set forth in an applicable zoning district, all as a part of the process for approving a special exception as set forth in § 7A-152. Approval of a special exception site plan by the Board of Adjustment shall be conditioned upon approval of the site plan (but not the special exception) by the Planning and Zoning Board and the Town Commission. Any non-approval of a special exception site plan by the Town Commission shall require re-examination and consideration for approval of the special exception and site plan by the Board of Adjustment.

   (d)   Procedure for obtaining site plan approval shall be as follows:

      (1)   Preapplication conference. The applicant shall meet with the Building Official to discuss basic site plan requirements, consider preliminary features of the site and the proposed development and determine if the proposed use conforms to the zoning requirements of the district.

      (2)   Site plan checklist. The applicant shall properly fill out a checklist provided by the Building Official. This checklist will summarize the site plan and it will be used as a guide for site plan evaluation.

      (3)   Preliminary site plan. Following the preapplication conference, seven copies of a preliminary site plan prepared by a registered civil engineer or architect, licensed to practice in the State of Florida, showing the proposed general layout and a vicinity map showing the location of abutting streets, existing and proposed utilities and storm drainage systems in accordance with the site plan requirements shall be submitted to the Building Department.

      (4)   General statement. A statement describing the general character of the intended development and the proposed method of preserving and maintaining open space shall accompany the seven copies of the preliminary site plan.

      (5)   Review and recommendations. Applications for site plan approval shall be submitted to the Building Official who shall forward copies of the proposed plans to the Police Department and the Fire Department for their written recommendations regarding health, safety and welfare.

      (6)   Upon completion of the above five steps and receipt of the above recommendations, the Planning and Zoning Board shall review the site plan and those recommendations and submit their own recommendations to the Town Commission within 30 days after the receipt of the above plans and recommendations, and in no event later than one week prior to the date of a public hearing which is hereby required to be held. The Town Commission then shall review all recommendations and either approve, disapprove, or approve with conditions the plan or portions of the plan submitted not later than the second regular Commission meeting following the receipt of the written recommendations.

   (e)   Site plan requirements. Site plans shall include:

      (1)   Name, location, owner and designer of the proposed development and the intended use(s).

      (2)   Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties.

      (3)   Date, north arrow and graphic scale (not less than one inch equals 20 feet).

      (4)   Location of all property lines, existing streets, easements, utilities, as well as proposed drainage structures and culverts and proposed streets, driveways and general lot layout.

      (5)   Location of all trash and litter receptacles.

      (6)   Location and design of landscape areas, including all existing trees (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey.

      (7)   All structures, major features and fences, including all existing outbuildings and accessory structures (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey, shall be fully dimensioned, including the distance between structures and the distance between driveways, parking areas and property or lot lines.

      (8)   Sign locations.

      (9)   Off-street parking and loading provisions in detail.

      (10)   A professionally prepared drainage plan drawn to scale showing flow paths and retention areas and certifying that retention requirements are met.

      (11)   A professionally prepared plan drawn to scale and depicting the exterior appearance of proposed construction including landscaping, parking lots, and general layout. An elevation sketch of the front building facade indicating height dimension.

      (12)   A performance bond. After the site plan for a commercial structure has been approved but prior to the issuance of a building permit, the owner and/or developer shall present to the Building Official proof that he (the owner and/or developer) has secured a performance bond in favor of the Town in an amount equal to 1 1/2 times the value of the construction for which a building permit is requested. This performance bond is required to restore the site to its preconstruction condition or completion of building should construction be abandoned at any stage for any reason.

   (f)   Final approval to site plan.

      (1)   Upon the site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the plans and specifications. Deviations from the approved site plan being made are subject to the approval of the Town Manager, Civil Engineer, and Building Official. Substantial deviations as defined by the Town Manager, Civil Engineer or Building Official require approval of the Town Commission and will follow the initial site plan approval process.

      (2)   Approval of a site plan shall become a binding condition on the use of the land encompassed by the approved site plan under the applicable land use classification. Upon any conveyance of any portion of such land encompassed by the approved site plan, the grantee or transferee shall also be bound by the approved site plan. All changes will be recorded with the original site plan and retained at the Town Hall.

      (3)   Site plans are approved for six months only. During that time a building permit must be applied for. In the event a permit is not applied for within that six-month period, application must be made for a new site plan approval. Any change in the zoning code that occurs during that period will be applicable to the new site plan approval. Site plans approved as a condition of a special exception shall be valid for six months after the exception is granted; provided that any change in the zoning code that occurs during that period will be applicable to the new site plan approval.

(`75 Code, Appendix A, Art. VII, 2) (Ord. 75-1, passed 2-11-75; Am. Ord. 78-9, passed 5-22-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-06, adopted 1-15-20)

   (a)   Purpose. The purpose of this section is to assure that all development of principal permitted uses within the 1-RS, 2-RS, and 3-RS meets the requirements of this chapter 7A. This review shall be applicable for all principal uses, certain accessory uses, and special exceptions within the 1-RS, 2-RS, and the 3-RS zoning districts, except for churches, museums, places of worship, temples, libraries, or schools in the 1-RS, 2-RS, or 3-RS zoning districts, which shall be reviewed pursuant to § 7A-51. At a minimum, all site plans subject to this section shall be reviewed and evaluated by the Civil Engineer, Building Official and the Town Commission. As provided in subsection (b), the Planning and Zoning Board and the Zoning Official may from time to time also be required to review and evaluate site plans pursuant to this section.

   (b)   Site plan approval required.

      (1)   A site plan must be reviewed and evaluated by the Civil Engineer, Building Official and approved by the Town Commission prior to issuance of a permit for development and construction of a principal use, an accessory use developed simultaneous with a principal use, or special exception in the 1-RS, 2-RS, or 3-RS zoning district, as provided in subsection (c).

      (2)   From time to time, the Town Commission may by voice vote direct that all or certain of the site plans subject to review pursuant to this section shall also be reviewed and evaluated by the Zoning Official and/or the Planning and Zoning Board. The review and evaluation authority of site plans pursuant to this section by the Zoning Official and/or the Planning and Zoning Board may also be withdrawn from time to time by voice vote of the Town Commission.

      (3)   Review and evaluation of site plans by the Planning and Zoning Board pursuant to this section, if provided for by the Town Commission, shall occur after review by the Civil Engineer and Building Official and prior to review and approval by the Town Commission. Upon completion of review by the Planning and Zoning Board, the Planning and Zoning Board shall make a recommendation to the Town Commission with regard to appropriate action to be taken by the Town Commission relating to a site plan reviewed pursuant to this section.

      (4)   Review and evaluation of site plans by the Zoning Official, if provided for by the Town Commission, shall occur prior to review and evaluation by the Planning and Zoning Board and the Town Commission. Upon completion of review by the Zoning Official, the Zoning Official shall make a recommendation with regard to appropriate action to be taken relating to a site plan reviewed pursuant to this section.

   (c)   Site plan review and approval pursuant to this section shall occur with regard to any of the following types of development:

      (1)   New construction for any principal use structure, any accessory use structure developed simultaneous with any principal use structure, or the expansion or redevelopment of any principal use structure, or use permitted by special exception, in the 1-RS, 2-RS, or 3-RS zoning districts. As used in the foregoing sentence, the term “simultaneous” shall mean that a building permit for development of an accessory use structure is to be issued within 180 days of the issuance of a building permit for new construction of, or the expansion or redevelopment of, any principal use structure;

      (2)   Construction or alterations that will increase the height of an existing principal use building or structure, including but not limited to additional stories, false roofs, false walls, and facades, in the 1-RS, 2-RS, or 3-RS zoning districts;

      (3)   Construction or alteration that will expand the footprint of an existing principal use structure or building, or use permitted by special exception, including but not limited to porches, patios, decks, balconies, or the like of an existing structure, all in the 1-RS, 2-RS, or 3-RS zoning districts; and

      (4)   Construction or alteration that occurs in conjunction with a change in the principal use or use permitted by special exception of an existing building or structure, all in the 1-RS, 2-RS, or 3-RS zoning districts.

   (d)   General consideration and site plan review for development. The Civil Engineer, Building Official and, if so directed, the Zoning Official and the Planning and Zoning Board shall ascertain that proposed lot area, lot width, lot depth, lot coverage, minimum living area, building or structure height, yard requirements, applicable ocean setback, number of stories, stormwater retention, and use of a principal structure are consistent with and adequate to meet the requirements of this Land Development Code and other applicable provisions of the Land Development Code or are or will be subject to a variance permitting the varying of applicable provisions of the Land Development Code.

   (e)   Procedure for obtaining site plan approval shall be as follows:

      (1)   Preapplication conference. The applicant shall meet with the Building Official to discuss basic site plan requirements, consider preliminary features of the site and the proposed development, and determine if the proposed use conforms to the zoning requirements of the district.

      (2)   Site plan checklist. The applicant shall properly fill out a checklist provided by the Building Official. This checklist will summarize the site plan, and it will be used as a guide for site plan evaluation.

      (3)   Preliminary site plan. Following the preapplication conference, seven copies of a preliminary site plan prepared and sealed by a civil engineer or architect, registered and licensed by the state, showing the proposed general layout and a vicinity map showing the location of abutting streets, existing and proposed use of the site, and all the factors required by subsections (d) and (f) shall be submitted to the Building Department.

      (4)   Review and recommendations. Applications for site plan approval shall be submitted to the Civil Engineer and Building Official, who shall review and evaluate the site plan to assure compliance with the requirements of this section, making recommendations to the Town Commission and, if applicable, the Planning and Zoning Board. If the Town Commission has directed that site plans of the type submitted are to be evaluated by the Zoning Official and/or the Planning and Zoning Board, a copy of the site plan shall be forwarded by the Building Department to the Zoning Official and/or the Planning and Zoning Board for review and evaluation to assure compliance with the requirements of this section. The Zoning Official and/or the Planning and Zoning Board shall make recommendations to the Town Commission and, if applicable, the Planning and Zoning Board.

      (5)   Upon completion of the review and evaluation of the Civil Engineer, Building Official and, if applicable, the Zoning Official, the recommendations with regard to approval of the site plan shall be forwarded to the Planning and Zoning Board, if review has been directed by this board. Otherwise, the site plan and recommendations shall be forwarded directly to the Town Commission and placed on the Commission's consent agenda. If directed by the Town Commission, the Planning and Zoning Board shall review and evaluate the site plan as provided by this section. Upon completion of review and evaluation, the site plan shall be forwarded to the Town Commission, together with the comments and recommendation of the Planning and Zoning Board and other staff reviewing authorities. If review has not been directed by the Town Commission to be conducted by the Planning and Zoning Board, the applicable Town staff report and recommendations shall be forwarded directly to the Town Commission and placed on the Commission's consent agenda. The Town Commission then shall review all comments and recommendations and take appropriate action with regard to the proposed site plan.

   (f)   Site plan requirements. Site plans shall include:

      (1)   Name, location, owner, and designer of the proposed development and the intended use;

      (2)   Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties;

      (3)   Date, north arrow, and graphic scale (not less than one inch equals 20 feet);

      (4)   Location of all property lines, existing streets adjacent to the subject property, easements, as well as proposed driveways and general lot layout, which shall also be reflected on a professionally signed and sealed survey;

      (5)   All proposed structures, major features, and fences, including all existing outbuildings, accessory structures and trees (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey, shall be fully dimensioned, including the height of all structures and the distance between principal and accessory structures on siteand the distance between structures and driveways, and property or lot lines;

      (6)   A professionally prepared drainage plan drawn to scale showing flow paths and retention areas and certifying that retention requirements are met;

      (7)   A professionally prepared plan drawn to scale and depicting the height dimension of the proposed structure, construction, or expansion or redevelopment thereof.

   (g)   Final approval to site plan.

      (1)   Upon the site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the plans and specifications and in such a manner that no requirements of the Land Development Code are violated. Deviations from the approved site plan being made are subject to the approval of the Town Manager, Civil Engineer and Building Official. Substantial deviations as defined by the Town Manager or Civil Engineer or Building Official require approval of the Town Commission and will follow the initial site plan approval process.

      (2)   Approval of a site plan shall become a binding condition on the use of the land encompassed by the approved site plan under the applicable land use classification. Upon any conveyance of any portion of such land encompassed by the approved site plan, the grantee or transferee shall also be bound by the approved site plan. All changes will be recorded with the original site plan and retained at the Town Hall.

      (3)   Site plans for the 1-RS, 2-RS, and 3-RS zoning districts are approved for 365 days. During that time a building permit must be applied for. In the event a permit is not applied for within that 365-day period, application must be made for a new site plan approval. Any change in the Land Development Code that occurs during that period will be applicable to the new site plan approval.

(Ord. 2010-01, adopted 3-17-10; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-06, adopted 1-15-20)

   (a)   Single-family districts:

      (1)   Permitted signs and regulations.

         a.   Signs permitted in 1-RS, 2-RS and 3-RS Single-Family Residential Districts shall be by sign exceptions as per subsection (g).

   (b)   Multi-family districts (4-RM, 5-RMO). Single-family dwellings in this district will follow sign criteria for single-family districts as per subsection (g).

      (1)   Permitted signs and size regulations: One attached sign or one freestanding sign shall be permitted per apartment complex. Attached signs shall not exceed 25% of the total surface area of the wall to which the sign is attached. In no case shall any attached sign exceed nine square feet in total surface area. Freestanding signs shall not exceed nine square feet in total area nor ten feet in height.

   (c)   Business districts (6-B, 7-C).

         Permitted signs and size regulations:

         a.   One attached sign per business establishment excluding signs installed, affixed, or painted on windows or doors. Attached signs shall not exceed 10% of the total surface area of the front of the building to which the sign is attached or exceed 100 square feet in total surface area, whichever amount shall be less. Measurement of fronts of buildings will include false fronts and any mansard roof frontage. Signs shall not extend above the roof line for buildings with a flat roof or above the eve line for buildings with a sloped roof. Where multiple businesses occupy a building the cumulative total of attached signs shall not exceed 10% of the surface area of the front of the building or 100 square feet, whichever amount shall be less.

         b.   One freestanding sign per developed site. A maximum of 45 square feet of cumulative sign area shall be permitted on a development site. One or more businesses may advertise on the sign. If more than one sign is utilized on a development site then the signs shall be a minimum of 50 feet from any freestanding or shingle sign of a neighboring business. The maximum size of an individual sign when multiple signs are used on a development site is 32 square feet.

         c.   One shingle sign not to exceed 12 square feet per business establishment is permitted in lieu of the freestanding sign in front.

         d.   All business establishments are permitted one shingle sign at the rear of each establishment, provided said sign does not exceed 12 square feet.

         e.   Freestanding signs in the 6-B, 7-C and 8-B zoning districts shall be monument style signs. The sign shall be constructed of materials that are architecturally compatible with the primary building on the site. The sign shall not have internal lighting. Spot lights illuminating the sign shall be shielded so that the source of light is not visible to vehicular traffic or pedestrians. Shingle signs are not permitted for special exceptions. To the extent of any inconsistency in this section with other sections, with regard to special exceptions this sub-paragraph supersedes other provisions in this section.

   (d)   Residential-business districts (8-B).

         Permitted signs and size regulations:

         a.   One attached sign or one freestanding sign shall be permitted per apartment complex.

         b.   One attached sign shall be permitted per business establishment. Attached signs shall not exceed 10% of the total surface area of the wall to which the sign is attached or exceed 16 square feet in total surface area except that buildings with over 30 feet of frontage may add an additional four square feet of sign for each ten linear feet of frontage over 30 feet. Attached signs for special exception uses shall be limited to a maximum of 16 square feet.

         c.   One freestanding sign per commercial structure shall be permitted.

         d.   The total surface area of all freestanding signs shall not exceed 25 square feet or 15 feet in height. Such signs must be a minimum of 20 feet from the front building line. Signs less than 20 feet are allowed but may not exceed ten feet in height and nine square feet in surface area.

         e.   Freestanding signs for special exception uses shall be monument style signs. The maximum size shall be 20 square feet. The maximum height shall be eight feet. The minimum setback is five feet. Only one freestanding sign is allowed per special exception site. The sign shall be constructed of materials that are architecturally compatible with the primary building on the site. The sign shall not have internal lighting. Spot lights illuminating the sign shall be shielded so that the source of light is not visible to vehicular traffic or pedestrians. To the extent of any inconsistency in this section with other sections, with regard to special exceptions this sub-paragraph supersedes other provisions in this section.

   (e)   Sign setbacks and additional regulations for all signs.

      (1)   Signs may be placed on the property line. No part of a sign may overhang adjacent property or the right-of-way. In no case may a freestanding or shingle sign be placed within 20 feet of an intersection unless the bottom of said sign is ten feet or more from the ground.

      (2)   Attached signs affixed to a building shall be placed only on the front facade or roof and shall not protrude above the roof line or beyond the side corners of the front facade, project out more than two feet from the wall or extend more than one-half the distance above the base of the roof to the roof peak.

      (3)   Signs of any type may not be placed on the roof of any structure.

      (4)   It shall be unlawful for any owner or permittee to fail to remove any sign after ten days which advertises business, real estate or products no longer conducted, available or for sale on the premises.

      (5)   Indirect lighting sources in use shall be shaded to eliminate glare on roadways, streets or surrounding properties.

      (6)   Internally lit signs and signs illuminated by neon lights or bare bulbs shall not exceed two footcandles illumination at any property line.

   (f)   Nonconforming signs.

      (1)   A sign or advertising structure existing within the Town limits on the effective date of Ordinance 85-7, passed November 12, 1985, or a sign or advertising structure existing in an area annexed to the Town after the effective date of this Land Development Code, which, by its height, square foot area, location, or use of structural support does not conform to the requirements of this Land Development Code shall hereafter be termed nonconforming.

      (2)   All nonconforming signs or advertising structures within the Town limits shall be permitted to remain until such time as:

         a.   The sign or advertising structure becomes a hazard or obstruction.

         b.   It becomes necessary to replace or rebuild the sign or building, at which time it shall conform to this section.

      (3)   No conforming sign or sign structure shall be erected on the same lot with an existing nonconforming sign until the nonconforming sign has been removed.

   (g)   Sign exceptions. The following signs are exempt from the provisions of this section:

      (1)   Memorial signs, tablets, plaques or names of buildings and date of erection when the same are two square feet or less in size and are cut into any masonry surface or when constructed of bronze or other noncombustible material.

      (2)   Property numbers and names of occupants of premises having no commercial connotations and shall not exceed one square foot of total surface area.

      (3)   Legal notices and identification, informational or directional signs erected or required by governmental bodies.

      (4)   Reserved.

      (5)   Traffic and other municipal signs, legal notices, and other safety directional signs.

      (6)   Private directional signs when not more than two square feet in surface area.

      (7)   Subdivision entrance signs not exceeding 32 square feet and not having any part of the sign structure exceeding eight feet in height. No more than two signs per entrance will be allowed.

      (8)   Bulletin boards and signs of churches, schools and clubs not exceeding 32 square feet in area and not exceeding one per organization. If located on a corner lot, a 32-square-foot sign facing each street is allowed.

      (9)   A construction or home improvement sign shall not exceed 16 square feet in surface area, not to be illuminated, and shall be removed immediately after completion of construction or improvement.

      (10)   Any dispensing mechanism positioned outside of a business premise such as for ice cream, candy, soda, newspapers and such or for fuel pumps and the like, with a trademark or identification; also, any lighting fixture for the sole purpose of aiding in after-dark business operations or safety with a trademark or identification.

      (11)   One real estate sign per interior lot or one sign facing each thoroughfare per corner lot shall be allowed. Real estate signs shall not exceed six square feet in total surface area or four feet in height.

      (12)   Political signs shall be permitted and display of the sign shall conform to the following:

         a.   Maximum size of a political sign, four square feet.

         b.   Signs may not be placed on rights-of-way.

         c.   Political signs related to an election must be removed within 72 hours after the election.

   (h)   Prohibited signs.

      (1) All other signs not specifically or provisionally permitted herein, such as, but not limited to, flashing signs, billboard signs and banner signs.

      (2)   No private sign (sign erected by a non-governmental person or entity) is permitted on rights-of-way.

(`75 Code, Appendix A, Art. VII, § 4) (Ord. adopted 9-26-72; Am. Ord. 76-3, adopted 8-10-76; Am. Ord. 85-7, adopted 11-12-85; Am. Ord. 87-02, adopted 5-12-87; Am. Ord. 2004-09, adopted 11-17-04; Am. Ord. 2008-08, adopted 9-3-08; Am. Ord. 2009-03, adopted 4-15-09; Am. Ord. 2011-02, adopted 6-15-11; Am. Ord. 2017-05, adopted 12-20-17) Penalty, see § 7A-177

   Limitations and restrictions. Fences and walls hereafter constructed, reconstructed, or altered, shall meet the following requirements:

   (1)   Zoning requirements.

 

   (2)   Fence/wall height - all zoning districts except as otherwise provided.

      a.   Fences/walls on rear property lines may be erected up to a maximum height of six (6) feet.

      b.   Fences/walls on interior side lot lines may be erected up to a maximum height of six (6)feet from the rear property line up to the front building line.

      c.   Portions of fences/walls that extend beyond the front building line may be erected up to a maximum height of four (4) feet, except that on residentially zoned lots abutting State Road A1A and Oak Street south of Ocean Avenue fences/walls that extend beyond the front building line may be erected up to a maximum height of six (6) feet. For any fence/wall installed on any lot beyond the front building line on or after March 16, 2023, any portion of the fence/wall running parallel to any right-of-way frontage shall have no less than four (4) feet of vegetation planted on the right-of-way side of the fence/wall.

      d.   Fences/walls on corner side lot lines may be erected up to a maximum height of six (6) feet from the rear property line up to the front building line.

      e.   Portions of fences/walls on corner side lot lines that extend beyond the front building line may be erected up to a maximum height of four (4) feet, except that on residentially zoned lots abutting State Road A1A and Oak Street south of Ocean Avenue fences/walls that extend beyond the front building line may be erected up to a maximum height of six (6) feet. For any fence/wall installed on any lot beyond the front building line on or after March 16, 2023, any portion of the fence/wall running parallel to any right-of-way frontage shall have no less than four (4) feet of vegetation planted on the right-of-way side of the fence/wall. Any fence/wall installed on any corner side lots that extend beyond the front building line must meet the sight triangular clearance requirements of § 7A-53(4) and § 7A-58 as may be amended.

      f.   Chain link fences, to a maximum height of ten (10) feet, may be erected around tennis courts. The fences may be erected on the property line, behind the front building line, or on the rear property line, if the fence does not encroach upon any easements, rights-of-way, or similar encumbrances.

      g.   Ornamental entrances, fountains, plant containers, and similar architectural features exceeding the wall height restriction will be permitted, provided that:

         i.   No such feature shall exceed in height the wall height restriction for that district plus one (1) foot;

         ii.   There shall be only one such feature in any front, side or rear yard, except that there may be two (2) entrance gates; and

         iii.   Entrance gates must be designed such that they do not encroach into any right-of-way.

   (3)   Fence/wall height measurement. The required fence/wall height is measured from the finished grade of the land where the fence/wall is located prior to berming or placement of fill in excess of that required by the Code of Ordinances, to the highest point of the fence/wall, including posts and ornamental and architectural features. A survey prepared by a licensed Florida mapper and surveyor with reference elevations shall be submitted with all wall and fence permit applications. Fence/wall height shall be measured from the surveyed elevation prior to placement of fill.

   (4)   Vision clearance at corners. Fences/walls on corner lots shall not be located within the triangular clearance area formed by lines that are measured from the point of intersection of the rights-of-way a distance of 25 feet, along the lot lines, parallel to each street and the line that connects the endpoints of the two lines measured from the point of intersection of the rights-of-way.

   (5)   Maintenance. All fences/walls shall be continuously maintained in a good and non- deteriorated condition, free of graffiti, peeling or blistering paint, broken or missing boards or posts, broken concrete block masonry, and the like.

   (6)   Submission of plans and building permits. Plans showing the exact location of all walls, fences, and hedges, and the proposed height, construction, and materials to be used, shall be submitted to the Building Official for approval, and the issuance of a permit for same upon payment for the permit. Termite and rot-resistant durable wood or rust and corrosion resistant material (or finish) shall be used.

   (7)   Enclosing of easements, rights-of-way, and sidewalks.

      (a)   In the event a lot owner fences or encloses any utility easement, as a condition of any fence/wall permit, the lot owner agrees and understands that utilities, rights-of-way, and sidewalks may need repair, maintenance, installation or removal, from time to time, and that to do so it may be necessary for utility companies or public and governmental agencies, or their respective employees, agents, or independent contractors, to remove certain portions of a lot owner’s fence/wall. The lot owner/occupant agrees as a permit condition to hold harmless the Town, any other governmental agencies, and any utility company, and their respective employees, agents, officials, and independent contractors, in both their official and individual capacities, from any costs related to fencing/walls or damages to fencing/walls arising from removal, repair, installation or maintenance of any utilities, rights-of- way, sidewalks or fences/walls. As used in this paragraph, the term utilities shall include cable television companies.

      (b)   Prior to issuance of a building permit for a fence or wall constructed on an easement or right-of-way the property owner shall sign an affidavit stating agreement with the conditions of this section.

   (8)   Installation. Fencing/walls shall be installed in such a manner as not to detract from the value of the adjoining residential property; in particular, the fence/wall shall have the finished side face the adjoining property. Walls and fences shall be installed abutting the property line in such a manner that they are located entirely on the property of the owner of the structure.

   (9)   Fences/walls abutting beach or river access way or rights-of-way. Fences/walls up to a height of six (6) feet are allowed adjacent to and abutting any public or private motor vehicle or pedestrian access or right-of-way connecting to the Indian River Lagoon or the beach along the Atlantic Ocean. Said fence/wall may be located forward of the front building line; provided that said fence shall not be of a chain-link type. All of said fence/wall shall be setback a minimum of five (5) feet from any right-of-way line.

   (10)   Hedges.

      (a)   Where hedges are provided they shall be neatly trimmed and maintained. Hedges are permitted to be planted and grown immediately adjacent to fences.

      (b)   Where existing hedges are utilized in any zoning district as an alternative to a fence, consistent with this code, on February 18, 1998; said hedge may continue to be utilized as a substitute for a fence; provided, that said hedge is at all times, living, neatly trimmed and maintained, and is substantially opaque in that it operates to block light emissions to abutting properties. At such time that a hedge used as a substitute for a fence pursuant to this paragraph is no longer living or is in such condition that it is no longer substantially opaque in that it operates to block light emissions to abutting properties, then the property owner shall install a fence that conforms to this section.

   (11)   Development sites that do not conform with §§ 7A-34, 7A-35, 7A-36, 7A-37 or 7A-38 of the Land Development Code as of November 19, 2008 shall be required to come into compliance when development, or redevelopment occurs that represents50% or more of the current market value of the improvements contained on the property, or a change in the use of the property consisting of residential to commercial or residential to a special exception use.

(`75 Code, Appendix A, Art. VII, § 5) (Ord. passed 9-26-72; Am. Ord. 76-3, passed 8-10-76; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 97-04, passed 3-16-98; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2008-09, adopted 11-19-08; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2023-01, adopted 3-15-23)

   No lot or group of lots shall be redivided in a manner to leave a lot or lots of a size which cannot be used because of the inability to meet the remaining requirements of the Land Development Code.

(`75 Code, Appendix A, Art. VII, 6) (Ord. passed 9-26-72; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   All buildings shall be constructed with the lowest floor level at least 18 inches above the crown of the highest street perpendicular to the foundation to which the property abuts. When an applicant for a building permit submits plans for review by the Town of the proposed construction, the building plans of the principal structure shall be fully dimensioned sealed to-scale drawings, clearly showing street elevation, existing property elevation, proposed finished floor elevation, FEMA flood zones and elevation, and maximum height.

   (b)   All buildings shall be elevated as required by federal, state and local minimum elevations. The greatest of the minimum elevations stipulated by any of the governmental agencies with jurisdiction shall be required. Any elevation of a building above the required elevation will be included in the measurement of building height. In the absence of higher federal or state elevations, the Town of Melbourne Beach requires minimum building elevations to be measured from a point 18 inches above the crown of the street on which the property abuts. In the event the existing grade of a property is higher than 18 inches above the crown of the road or higher than federal or state requirements then the building height shall be measured from the existing grade.

(`75 Code, Appendix A, Art. VII, § 7) (Ord. passed 9-26-72; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2017-05, adopted 12-20-17)

   One commercial vehicle of not more than 3/4-ton capacity may be stored in any private garage in a residential district. Space shall not be leased for a commercial vehicle.

(`75 Code, Appendix A, Art. VII, § 8) (Ord. passed 9-26-72; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   (1)   No accessory structure shall be erected in any front yard. Unless specifically defined in this chapter, no accessory structure shall be erected in any side yard. Except as otherwise provided by this chapter, no accessory structure shall exceed the height of the main structure. Unless specifically allowed in this chapter, no accessory structure other than a utility shed shall be constructed within 15 feet of any lot line.

      (2)   Accessory structures may be constructed simultaneously with, or following the construction of the main building and shall not be used until after the principal structure has been fully erected. Erection of tents as accessory structures is prohibited. No home occupation or business may be conducted in any accessory structure. No accessory structure which contains living quarters shall be constructed on any lot.

   (b)   Accessory buildings erected on lots fronting on two streets shall conform to main structure setbacks for the rear yard.

   (c)   Trailers may be used for the storage of equipment during construction provided such trailers are used only during the construction period. A temporary trailer permit shall be required for all structures, and shall be renewable every six months.

   (d)   All utility sheds require a building permit. Utility sheds may not be larger than 160 square feet in floor area and 11.6 feet in height. Utility sheds shall be substantially screened by a vegetative barrier or fence from the front and side streets. Utility sheds must be behind the rear of the front line of the principal structure. On any corner lot, the shed must be both behind the rear of the front line of the principal structure and behind the building line of the side of any structure abutting any street with a 2 feet setback. Utility sheds are limited to one shed per address. Utility sheds may be placed on the rear property line. The roof line has to be within the lot line of the property line. No water hook to the utility shed is permitted.

   (f)   Portable storage containers - limitations and restrictions.

      (1)   Portable temporary storage containers shall be allowed in single family residential zoning districts subject to the following:

         a.   The property shall be improved with a single family residence.

         b.   The container shall remain on the property a maximum of 15 days, including the day of delivery and removal.

         c.   A container may be delivered to a site a maximum of three times per calendar year.

         d.   A minimum of 30 days shall elapse between placements of a container on a property.

         e.   The container shall be placed on a driveway or in the side or rear yard.

         f.   When placed on the driveway within the front setback area the container shall be located so that pedestrian and vehicular traffic is not

obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed.

         g.   In the case of a Town-wide declaration establishing emergency conditions the container may remain on a site for the length of time of the civil emergency established pursuant to § 16-4 of the Melbourne Beach Code of Ordinances, but in no event longer than 60 days from the termination date of the emergency unless extended by the Town Commission.

         h.   In the event the Town of Melbourne Beach is within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 160 miles per hour.

      (2)   Portable temporary storage containers used in connection with permitted construction activity may be located in any zoning district subject to the following conditions:

         a.   The container shall not encroach on sidewalks, rights-of-way, adjacent properties, or obstruct the view of motorists.

         b.   The container may remain on the lot for the duration of construction authorized by an active building permit.

         c.   The container shall be removed within 30 days of issuance of a certificate of occupancy or final inspection.

         d.   The container shall be a maximum of eight feet in width, 16 feet in length, and eight feet in height.

         e.   Hazardous materials including flammable and biohazard substances shall not be stored in the containers.

         f.   In the event the Town of Melbourne Beach is within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 160 miles per hour.

(`75 Code, Appendix A, Art. VII, § 9) (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. 2006-17, adopted 3-21-07; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2024-01, adopted 7-17-24)

   Vision clearance at corners. Fences/walls on corner lots shall not be located within the triangular clearance area formed by lines that are measured from the point of intersection of the rights-of-way a distance of 25 feet, along the lot lines, parallel to each street and the line that connects the endpoints to the two lines measured from the point of intersection of the rights-of-way.

(`75 Code, Appendix A, Art. VII § 10) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2023-01, adopted 3-15-23)

   (a)   Amateur radio antennas. Except as otherwise provided by Federal or state law or determinations of that law, an amateur radio station antenna structure, such as but not limited to a HAM radio station, may be erected at heights and dimensions sufficient to accommodate amateur service communications upon the showing of a need for a reasonable accommodation with regard to the Town’s height regulations for reception or transmission purposes by the applicant. Consistent with Federal administrative determinations, Town code provisions relating to height are not intended to preclude amateur service communications.

   (b)   Waiver from height regulations.

      (1)   Chimneys, cupolas, spires, and television antennae. For the purpose of permitting the placement of non-structural and/or non- functional decorative type structures on the roof of residential buildings that would exceed the maximum height permitted in a zoning district, such structures shall not be included in the measurement of height provided all of the following conditions are met:

         a.   The structure is decorative or, in the placement of a chimney or television antenna only, may be functional.

         b.   The structure is neither habitable, air conditioned, finished, nor occupiable space.

         c.   The structure conforms to the specific definitions and conditions listed below.

         d.   The part of the chimney that rises above the roof line shall comply with but not exceed the minimum height in the Florida Building and Safety Codes.

         e.   Cupolas exceeding the maximum building height shall be limited as follows:

            1.   Maximum dimensions shall be 36 inches by 36 inches by 36 inches.

            2.   A maximum of four cupolas exceeding the allowed building height are permitted per structure.

         f.   Spires that exceed the maximum building height shall have a maximum base of 24 inches by 24 inches and a maximum height of 42 inches.

         g.   Television antennas shall be permitted to exceed the maximum allowed height of a structure by 56 inches.

         h.   Elevator towers and equipment rooms shall be allowed to exceed the maximum building height by a maximum of ten feet. Any elevator tower and equipment room shall be the minimum size and height necessary to accommodate the elevator utilized. Documentation of the necessary height and size of the elevator tower and equipment room shall be provided by a licensed elevator contractor.

(`75 Code, Appendix A, Art. VII, § 11) (Ord. passed 9-26-72; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2017-05, adopted 12-20-17)

   Every building hereafter erected or moved shall be on a lot adjacent to a public street, and shall have a minimum of 25 feet of unobstructed access for safe and convenient servicing, fire protection, and required off-street parking.

(`75 Code, Appendix A, Art. VII, § 12) (Ord., passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 2017-05, adopted 12-20-17)

   No establishment licensed to sell alcoholic or intoxicating beverages may be located within 500 feet of any school, church, temple, synagogue or other permanent place of worship within the Town. No school, church, temple, synagogue or other permanent place of worship shall be permitted to locate within 500 feet of any establishment licensed to sell alcoholic or intoxicating beverages. The 500-foot dimension shall be measured from the nearest point on the boundary of the lot on which such establishment is proposed to be located to the lot on which such establishment licensed to sell alcoholic or intoxicating beverages, or school, church, temple, synagogue, or other permanent place of worship, as the case may be, is located.

(`75 Code, Appendix A, Art. VII, § 13) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   In any district where a home occupation is allowed, it shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. When permitted, home occupations shall be conducted in accordance with the following provisions:

      (1)   No person other than members of the family residing on the premises shall be engaged in such occupations.

      (2)   There shall be no display of goods visible from any street or neighboring property.

      (3)   Home occupations shall be allowed on either the first or second floor of any residence. However, no home occupation shall occupy an area greater than 25% of the area of that floor on which the home occupation is conducted, exclusive of the area of any open or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached garage or porch which has been converted into living quarters, shall be considered as floor area until two years after the date of completion thereof.

      (4)   No home occupation shall be conducted in an accessory building; such occupation must be conducted in the main residence of the owner and proprietor.

      (5)   No motor power other than electric motors shall be used in conjunction with such home occupations. The total horsepower of such motors shall not exceed three horsepower, or one horsepower for any single motor.

      (6)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

      (7)   Occupations which generate greater volumes of traffic than would normally be expected in a residential neighborhood, such as barbershops, beauty shops, public dining or tea room facilities, antique or gift shops, fortunetelling or clairvoyance, and repair shops are prohibited.

      (8)   The following uses or activities are not permitted home occupations: grow house; marijuana dispensary; mobile marijuana dispensary; or telephone call center, supply or vehicle storage for a marijuana dispensary or mobile marijuana dispensary.

   (b)   A person desiring to conduct a home occupation in a district where such use is permitted shall first apply to the Building Official, and shall include, but not be limited to, the following information:

      (1)   Name of applicant;

      (2)   Location of residence wherein the home occupation, if approved, will be conducted;

      (3)   Total floor area of the first floor of the residence;

      (4)   Area of room or rooms to be utilized in the conduct of the home occupation;

      (5)   A sketch showing the floor plan and the area thereof to be utilized for the conduct of the home occupation;

      (6)   The nature of the home occupation sought to be approved; and

      (7)   The days and hours of operation.

Upon compliance with the foregoing procedure, the Building Official shall issue a permit for such home occupation. Any home occupation permit may be revoked by the Building Official 30 days after written notice has been given, when it has been determined that the home occupation has become a public nuisance.

   (c)   The Building Official may request a public hearing before the Board of Adjustment when in doubt concerning the compliance of the proposed home occupation with the criteria outlined in division (a) of this section.

(`75 Code, Appendix A, Art. VII, § 14) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17)

   Marijuana dispensaries and mobile marijuana dispensaries are banned and prohibited within the Town limits of the Town of Melbourne Beach.

(Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2018-03, adopted 8-15-18)

   (a)   Townhouse deed restrictions.

      (1)   It shall be incumbent upon the owner or developer of a townhouse project to execute, file and record with the Clerk of the County Circuit Court a covenant of deed restrictions for townhouse development in the Town, as a condition for the approval of the site plan and the issuance of a building permit for the townhouse development. However, same shall meet all prerequisites as herein stated.

      (2)   All of the described properties shall be held, sold and all of the restrictions and imitations are intended to be and shall be taken as a consideration for any deed of conveyance hereafter made, subject to zoning ordinances, certain easements, restrictions, covenants and other conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall serve to the benefit of each owner thereof to protect them and the property rights of the other citizens of the Town.

      (3)   The developer of the townhouse properties shall also form a not-for-profit incorporated townhouse owners association for the purpose of administering the operation and management of the townhouse properties. The association shall be composed of the owners of record of any lot and townhouse which is a part of the townhouse properties. The bylaws of the townhouse owners association shall specifically delineate the property rights and obligations of each owner, his voting rights and such special and maintenance assessments as may be made.

      (4)   Further, a stipulation shall be made for the architectural control of the physical properties such as alteration or addition to buildings; the erection of fences or walls; the restriction of nuisances and offensive use of premises; the keeping of pets; erection of unauthorized clotheslines, antennas, or planting of shrubs; and the storage of inoperable vehicles and the repair thereto. It shall be stated that the general rules of law will apply to party walls, arbitration of disputes, and the enforcement of covenants and amendments. However, in all cases, such association bylaws, covenants and provisions shall be subordinate to this code of ordinances.

   (b)   Site plan approval. In addition to meeting the criteria in § 7A-51, all site plans for townhouse construction shall be subject to review and approval by the Town Manager and Town Attorney prior to the issuance of a building permit. The Town Manager and Town Attorney shall review the covenants and deed restrictions to assure that they will achieve the purposes and requirements set forth herein and are in proper legal form.

   (c)   Townhouse lot and structure requirements. Lot and structure requirements for townhouse construction are based on the entire group of townhouses rather than the individual units, except as follows: The individual townhouse units shall have a minimum of 1,300 square feet living area with a minimum width of 18 feet.

   (d)   Townhouse use and structures. Townhouses are hereby authorized for construction in 5-RMO, 4-RM, and 8-B Districts in the Town.

(`75 Code, Appendix A, Art. VII, § 15) (Ord. passed 9-26-72; Am. Ord. 78-5, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)

   Pets, as defined in § 1A-3, are permitted in residential areas. Wild animals, as defined in § 1A-3, are not permitted to be kept by persons in the Town.

(Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   Breezeways shall be provided as follows:

      (1)   These requirements shall be applicable only to the 5-RMO, 6-B, and 9-I zoning districts.

      (2)   A minimum of 25% of the ocean frontage measured along the right-of-way shall be established as a breezeway.

      (3)   Fences, walls and landscaping meeting the requirements of §§ 7A-35, 7A-36, and 7A-53(8) and (9) shall be permitted in the breezeway and shall not be considered to be non- conforming. Trees shall be permitted to be planted within breezeways; provided, that trees are not aligned in such as way as to form a “wall” of trees.

      (4)   Breezeways shall run parallel to side or corner side lot lines as applicable.

      (5)   The breezeway shall remain otherwise unobstructed.

      (6)   Lots occupied by a single-family dwelling and any accessory structures shall be exempt from this section during the time that the single-family dwelling is the primary use of the lot.

   (b)   Nonconformities.

      (1)   Notwithstanding §§ 7A-80 through 7A-87, inclusive, fences, walls and landscape designs within breezeways located within the 5-RMO, 6-B, and 9-I zoning districts on January 1, 2008, may continue to exist and shall be exempt from division (a) hereof; provided, that said fences, walls, and landscape designs are not materially altered, enlarged, extended, or moved in whole or in part. However, any fence, wall, or landscape design may be altered to decrease its nonconformity. This provision shall also apply to replacement walls erected pursuant to § 7A-53(12); provided, that the wall being replaced was in existence prior to January 1, 2008, and provided that the replacement wall is not enlarged or extended to be longer or larger than the wall being replaced.

      (2)   The Building Official shall document and maintain a file of the existence in January 1, 2008, of any fences, walls, and landscape designs within breezeways in the 5-RMO, 6-B, and 9-I zoning districts as of January 1, 2008.

      (3)   When the nonconforming portion of any fence, wall or element of a landscape design within a breezeway in the 5-RMO, 6-B, or 9-I zoning district is discontinued, removed, destroyed by weather or other act of God, or ceases for a period of more than 180 consecutive days, or for 18 non-consecutive, non-calendar months (one month = 30 days) within any 1,095-day (three non-calendar year) period, and the property owner has not diligently pursued replacement or resumption thereof, the nonconforming portion of the fence, wall, or landscape design shall not thereafter be reestablished except in conformance with division (a) and all other regulations in the Land Development Code.

(Am. Ord. 2007-10, adopted 2-20-08; Am. Ord. 2017-05, adopted 12-20-17)

   All public rights-of-way in the Town which terminate or end at the shoreline of the Indian River or the beach line adjacent to the Atlantic Ocean are hereby reserved by the Town for use by the public for ocean and river access. This shall apply to any street, roadway or avenue within the Town, whether paved or unpaved and whether used or not used by vehicular traffic.

(Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   General parking restrictions. Trailers, boats and recreational vehicles which do not exceed 45 feet in overall length may be parked, stored or stopped on any lot in the Town provided the following provisions are complied with:

      (1)   Such trailers, boats, and recreational vehicles, or any combinations thereof, shall not be used for residential, office or commercial purposes.

      (2) Such trailers, boats and recreational vehicles, or any combinations thereof, shall not be connected in any manner to utilities, except for connection to electric service for the purpose of charging batteries or maintenance only. The use of trailers and recreational vehicles for sleeping, housekeeping or living quarters while so parked shall not be permitted.

      (3)   Such trailers, boats and recreational vehicles shall be located to the rear of the front building line and in no event, less than 25 feet from the front lot line, except for purposes of loading and unloading as provided for in § 7A-67(c)(1). Additionally, on any corner lot, no trailer, boat or recreational vehicle shall be located in front of the building line of any side of the structure which abuts a street, unless the boat, trailer or recreational vehicle is substantially screened, but not completely shielded from view, by a vegetative barrier or fence.

      (4)   Such trailers, boats, and recreational vehicles shall not be parked on any part of the road right-of-way.

      (5)   Such trailers, if collapsible, shall be parked or stored in a collapsed condition only.

      (6)   The sites upon which such trailers, boats, and recreational vehicles are parked shall be well-kept and free from weeds and other growth.

      (7)   Any deviations from the provisions of this subsection (a) shall be by special permit issued by the Town Commission setting forth the specific use to be made and the term of such use.

      (8)   Recreational vehicle side-room extensions may only be extended for the purposes of loading and unloading and shall be collapsed between the hours of 11:00 p.m. and 7:00 a.m.

      (9)   For purposes of this subsection (a), a boat shall be measured from tongue of the trailer to the tip of the extension of the stern or propeller of an attached engine.

   (b)   Parking cargo trailers restricted. Cargo trailers shall not be parked in the Town, except for

purposes of loading and unloading for no more than 48 hours in any seven consecutive day period, unless stored fully within a garage, carport or fenced yard.

   (c)   Temporary parking; placement, storage, or parking on vacant lots.

      (1)   Parking trailers, boats, and recreational vehicles on residential lots prohibited, with exceptions. Trailers, boats, and recreational vehicles which exceed 45 feet in overall length, whether powered or unpowered, shall not be parked, stored, or placed on any residential lot located within the Town except for purposes of active loading and delivery. Loading and unloading of any trailer, boat, recreational vehicle or combination thereof exceeding 45 feet in overall length or not parked in compliance of with subsection (a) of this section shall not exceed 48 hours in any seven consecutive day period.

(Ord. 87-02, passed 5-12-87; Am. Ord. 2009-07, adopted 8-19-09; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2020-03, adopted 10-21-20)

   Satellite antennas are allowed in all zoning districts. Satellite antennas with a diameter of 24 inches or less shall be installed according to manufacturer's instructions and be located to the rear of the front building line. Satellite antennas which are greater than 24 inches in diameter will be considered accessory structures and must be installed according to the following conditions:

   (1)   Satellite antennas may not be mounted on the roof or wall of any building.

   (2)   Satellite antennas must be located to the rear of the front building line.

   (3)   Satellite antennas must be set back from all property lines a distance equal to the higher of the height of the peak of the antenna or supporting structure.

   (4)   Satellite antennas and their supporting structures must be designed to withstand winds of 110 miles per hour.

(Ord. 87-02, passed 5-12-87; Am. Ord. 95-01, passed 7-19-95; Am. Ord. 2017-05, adopted 12-20-17)

   It shall be unlawful for any business establishment to display any merchandise held for sale to the public except within the building where said business is located. However, the Town Commission, in special circumstances to avoid an injustice or the working of a practical difficulty, may grant special permission to store or display merchandise for renewable periods of up to one year upon request from any business. Such permission is freely revokable at the will of the Town Commission.

(Ord. 87-02, passed 5-12-87; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   Applications for construction of any new structure or substantial improvement to an existing structure located with Flood Zones A1 - A-130, AE, AH, A (with BFE), VE, V-1 - V-130, and V (with BFE) shall be accompanied by a completed FEMA Elevation Certificate that is signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation certification.

   (b)   Applications for construction of any new habitable structure or substantial improvement to a habitable structure that are located wholly or partially seaward of the Coastal Construction Control Line shall include documentation from the Florida Department of Environmental Protection that establishes the lowest elevation of the lowest allowable horizontal member of the structure.

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

   All artificial exterior lighting and all lighting emanating from inside any primary or accessory structure on any residential lot shall be positioned or shielded to prevent glare or spillover onto adjacent properties and to prevent any illumination of adjacent properties that is objectionable to a person of ordinary and reasonable sensibilities or that otherwise creates a nuisance that interferes with the quiet enjoyment of any adjacent or neighboring property. This section shall apply to all lots in the l-RS, 2-RS, 3-RS, 4-RM, and 5-RMO zoning districts. This section does not apply to street lighting in public or private rights-of-way or adjacent utility easements. Residential properties shall also be in compliance with marine turtle protection lighting standards found in Article II of Chapter 40 of the Town Code, as applicable.

(Ord. 2019-05, adopted 9-18-19)