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Palm Bay City Zoning Code

PART 2

STANDARD ZONING DISTRICT REGULATIONS

§ 173.020 INTENT OF STANDARD ZONING DISTRICTS.

   (A)   General Use Holding District (GU). The provisions of this district are intended to apply to large undeveloped or sparsely developed areas which are capable of supporting single-family dwellings at very low densities without extensive infrastructure improvements. This district is also intended to place land in a hold pattern until such time as a specific request is presented which is consistent with the future land use plan and which provides for infrastructure improvements necessary to support a more intensive land development classification.
   (B)   Rural Residential District (RR). The purpose of this district is to provide for the development of single-family residential homes combined with limited agricultural activities within a rural setting.
   (C)   Estate Residential District (RE). The purpose of this district is to accommodate low density single-family residential development of an estate character.
   (D)   Suburban Residential Estate District (SRE). The intent of this district is to provide for low density single-family residential development of a suburban character.
   (E)   Single-Family Residential Districts (RS-1, RS-2, and RS-3). The purpose of these districts is to accommodate low density single-family residential development of an increasingly urban character. (Note: Sites previously zoned and developed under the SF-1 district regulations are now subject to the RS-1 district standards).
   (F)   Residential Transition District (RT-10). The intent of this district is to permit moderate density residential development inclusive of a range of missing middle housing types. Lot sizes and other restrictions are intended to promote high quality moderate density development and act as a transition area between low- and high-density residential activities.
   (G)   Residential Mobile Home District (RMH). The purpose of this district is to accommodate mobile home parks and subdivisions served by adequate community facilities.
   (H)   Multiple-Family Residential Districts (RM-15 and RM-20). The intent of these districts is to accommodate mainly multi-family development and a variety of other housing types at medium and high densities. Lot sizes and other restrictions are intended to promote and protect high quality residential development.
   (I)   Office Professional District (OP). This district is intended to permit professional office uses and services that are protected from intense commercial and industrial development. Development standards and provisions are established to reduce conflicts with adjacent residential uses and minimize traffic conflicts along adjacent thoroughfares. This district may be considered within residential future land use categories without requiring a future land use map amendment on parcels that have become unsuitable for residential development. Sites which may be unsuitable or undevelopable may include, but are not limited to, parcels that have become isolated by previous developments around it, or due to the acquisition of adjacent land for public purposes or natural features (rivers, lakes, or preservation areas). Parcels must be five usable acres or less and shall be located along a designated collector or arterial roadway.
   (J)   Restricted Commercial District (RC). The purpose of the restricted commercial district shall be to locate and establish areas within the city which are uniquely suited for commercial development but which are transitioning from residential or other noncommercial development to commercial use. Such areas to be primarily along major transportation corridors connecting other community commercial clusters. The uses and development standards included in the district are intended to provide compatibility between uses, protect nearby residential districts, provide access control along corridors, provide quality development, enhance corridor appearance, and provide additional commercial opportunities within the city.
   (K)   Neighborhood Commercial District (NC). The purpose of this district is to allow limited commercial activities offering convenience goods and personal services to residents of the surrounding neighborhood. Development standards and provisions are established to ensure the proper development and location of neighborhood-serving uses, reduce conflicts with adjacent residential uses, and to minimize the interruption of traffic along adjacent thoroughfares.
   (L)   Community Commercial District (CC). The intent of this district is to permit the development of commercial activities which offer a wide range of goods and services to the surrounding community primarily located at or near the intersection of arterial roadways.
   (M)   General Commercial District (GC). The purpose of this district is to accommodate for a variety of heavy commercial development activities which are developed in an intensive manner.
   (N)   Highway Commercial District (HC). The intent of this district is to permit highway oriented businesses and regional scale facilities located along or near the intersection of major arterials and transportation nodes.
   (O)   Mixed Use Districts (CMU and UMU). The purpose of the mixed-use districts is to foster an attractive and functional mix of residential and nonresidential land uses within a walkable setting. See Part 5 of this chapter for standards applicable to these districts.
      (1)   The Community Mixed-Use (CMU) district is to be applied to large development sites where the primary use is single-family residential supported by a variety of multi-family, commercial, recreational, and institutional uses.
      (2)   The intent of the Urban Mixed-Use (UMU) district is to cultivate a vibrant mix of very dense and intense residential and nonresidential land uses within a highly walkable setting primarily consisting or vertical mixed-use buildings at the intersection of collector or arterial roadways.
   (P)   Light Industrial and Warehousing District (LI). The purpose of this district is to accommodate light manufacturing, warehousing, distribution, wholesaling and other light industrial uses.
   (Q)   Heavy Industrial District (HI). The intent of this district is to permit a range of general manufacturing, storage and distribution activities in close proximity to major transportation corridors.
   (R)   Institutional Use District (IU). The purpose of this district is to allow for facilities that serve the educational, governmental, recreational, health, and cultural needs of the city.
   (S)   Conservation District (C). The intent of this district is to preserve and protect large areas of open space, vegetative habitat, natural drainage systems, aquifer recharge areas, soils, and wildlife habitats located on public property or on privately-held lands as desired by the property owner. Conservation lands are intended primarily for the purpose of preserving natural resources.
(Ord. 2024-33, passed 9-19-24)

§ 173.021 SCHEDULE OF USES.

   Tables 173-1, 173-2 and 173-3 list the uses that are permitted in the various zoning districts. Uses not expressly listed in the tables as Permitted (P) or Conditional (C) are prohibited and shall not be established in that district. If a question arises as to the interpretation of any permitted uses, such interpretation shall be made by the City Manager or designee.
   A mix of uses on a single site is allowed in all districts, except the single-family districts, provided the proposed uses are allowed in the applicable district. If any use in a proposed mixed-use development requires conditional use approval, the entire mixed-use site must be reviewed under the conditional use process.
TABLE 173-1. USES IN RESIDENTIAL DISTRICTS
USE
See Section
GU
RR
RE
SRE
RS-1
RS-2
RS-3
RT-10
RMH
RM-15
RM-20
AGRICULTURE USES
Agriculture
P
P
Agricultural products sales
C
C
Keeping or raising for sale of horses, ponies, cows and other livestock provided that the total of all such animals shall not exceed one (1) for each one-half (0.5) acre of lot area.
P
P
Keeping or raising for sale of small domestic animals, birds or fish.
P
P
Keeping or raising for sale of small farm animals, such as goats, chickens, pigs, and other small animals typically found on a farm, provided the total of all such animals shall not exceed five (5) for each one-half (0.5) acre of lot area.(4)
P
RESIDENTIAL USES
Accessory dwelling units
P
P
P
P
P
P
P
P
P
P
P
Assisted living facilities, Large
P
Assisted living facilities, Small
P
P
P
P
P
P
P
Cluster subdivision
C
C
C
Community residential homes
P
P
P
P
P
P
P
Duplexes
P
P
Group homes
P
P
P
P
P
P
P
Mobile home parks
P
Mobile home subdivisions
P
Multi-family dwellings
P
P
Nursing homes
P
Single-family dwellings
P
P
P
P
P
P
P
P
P
Townhomes
P
P
P
NON-RESIDENTIAL USES
Antennas and transmitters
C
Cemeteries without crematoriums
C
Churches (1) (3)
C
C
C
C
C
C
C
C
C
C
C
Clubs, lodges, and fraternal organizations (1) (3)
C
C
C
Communication towers and facilities
P
Crematoriums
C
Family day care home, large
C
C
C
P
P
Family day care home, small
P
P
P
P
P
P
P
P
P
P
Kennels (1) (3)
C
C
Marinas
C
Mining
C
Public and private golf courses
P
C
Public parks and recreational facilities
P
P
P
P
P
P
P
P
P
P
P
Public uses
P
C
P
P
Public utility equipment and facilities
P
C (1)
P
P
P
P
P
P
P
P
P
Public utility equipment and facilities, major
C
C
C
C
C
C
C
C
Wedding venues
C
P = Permitted Use; C = Conditional Use; Blank cell = Prohibited
(1)   Required Conditional Use if the site is larger than one acre.
(2)   The site shall have direct access to a collector or arterial roadway.
(3)   All buildings on the site shall be set back a minimum of 20 feet (50 ft. for commercial dog kennels) from all property lines or meet the district setbacks, whichever are greater.
(4)   The acreage used in determining the number of animals that may be kept upon the premises may only be used for one type of animal. For example, an acre of land would allow for 2 horses, but it would not allow for an additional 5 goats. The land needed to support one type of animal cannot in turn be counted to permit further animals. This provision is to protect the health of the animals and to ensure the residential character of the neighborhood is maintained.
 
TABLE 173-2. USES IN OFFICE, COMMERCIAL AND MIXED-USE DISTRICTS
USE
See Section
OP
RC
NC
CC
GC
HC
CMU
UMU
TABLE 173-2. USES IN OFFICE, COMMERCIAL AND MIXED-USE DISTRICTS
USE
See Section
OP
RC
NC
CC
GC
HC
CMU
UMU
COMMERCIAL - RETAIL USES
Brewpub
P
Drinking establishments
P
P
P
P
P
Drive-through establishments
P
C(3)
P
P
Equipment sales, rental, leasing
P
Fuel stations
C
C
C
Plant nurseries and green houses
C(5)
C
P
P
Restaurants/eating establishments
P(5)
P(2)
P
P
P
P
P
Retail establishment
P(5)
P(2)
P
P
P
P
P
Vehicle, major recreational equipment, and mobile home sales, rental, leasing, and storage
P
P
P
COMMERCIAL - SERVICE USES
Banks and financial institutions
P
P(5)
P(1)
P
P
P
P
P
Car wash (principal use)
C
C
Contractors' offices
P(5)
P
P
Funeral homes
P(5)
P(1)
P
P
P
P
General offices
P
P
P(2)
P
P
P
P
P
Medical and dental labs
P
P
P
P
Pet day care
P(1)
P
P
P
P
P
Service establishments, business
P(5)
P(1)
P
P
P
P
P
Service establishments, intensive
C(5 )
C
P
P
Service establishments, personal
P(5)
P(1)
P
P
P
P
P
Tattoo parlors
P(1)
P
P
Vehicle and major recreational equipment repair, heavy
C
P
P(3)
Vehicle and major recreational equipment repair, light
P
P
P
P
Veterinarians and veterinary clinics (no boarding of animals)
C
P(5)
P(1)
P
P
P
P
INDUSTRIAL WAREHOUSING USES
Assembly of components manufactured off-site
P
P
Self-storage facilities
C
C
C
INSTITUTIONAL USES
Childcare facilities
P(3, 5)
P(2)
P
P
P
P
P
Churches
C(4)
P(2)
P
C(4)
P
P
P
Convention centers
P
P
P
Corrections facilities
Crematoriums
C
Educational institutions (3,4,6)
C
C
C
C
C
C
Government establishments
C
P
P
P
P
P
P
P
Hospitals
C(5)
C
P
P
P
C
Urgent care center
P(1)
P
P
P
LODGING USES
Bed and breakfast inns
P
P
Guest cottages
P
Hotels, motels, tourist courts
P
P
P
P
RECREATION USES
Arcades/amusement centers
P
P
Clubs, lodges, and fraternal organizations
C(5)
C(1)
P
P
P
P
Dance clubs
170.039
C
P
P
Event halls
C
P
P
Golf courses and clubhouses
P
P
Public recreational facilities
P
P
P
P
P
P
P
Recreation, indoor
C(1)
P
P
P
P
P
Recreation, nature
P
P
Recreation, outdoor
C
C
Recreational vehicle (RV) park
C
C
Small event space
C(1)
P
P
P
P
P
RESIDENTIAL USES
Group homes
P
P
Multi-family dwellings
P
P
Nursing homes
C(5)
C
P
P
Single-family dwellings
P
Townhomes
P
Zero-Lot-Line
P
TRANSPORTATION USES
Boat storage (wet and dry)
C
Marinas
C
C
C
C
Parking garages (principal use)
P
P
P
P
Surface parking lots (principal use)
P
UTILITY USES
Communication towers and facilities
C
C
C
Communication towers and facilities, camouflaged
C
Public utility facilities
C
C(5)
C
P
P
P
P
P
P = Permitted Use; C = Conditional Use; Blank cell = Prohibited
(1)   Not to exceed 5,000 gross square feet
(2)   Establishments exceeding 5,000 sq. ft. of floor area require Conditional Use review.
(3)   The lot shall have frontage on an Arterial or Collector Roadway
(4)   The site must be at least 1 acre in size and shall have direct access to a collector or arterial roadway; All buildings shall be setback a minimum of 20 feet (50 ft. for commercial dog kennels) from all property lines or meet the district setbacks, whichever are greater.
(5)   Minimum fifteen thousand (15,000) square foot lot.
(6)   The site shall be designed based on the maximum capacity of the facility.
 
TABLE 173-3. USES IN INDUSTRIAL AND OTHER DISTRICTS
USE
See Section
LI
HI
IU
C
TABLE 173-3. USES IN INDUSTRIAL AND OTHER DISTRICTS
USE
See Section
LI
HI
IU
C
COMMERCIAL - RETAIL USES
Fuel stations
C
C
Restaurants/eating establishments
C
Vehicle, major recreational equipment, RV, and mobile home sales, rental, leasing, and storage
P
P
COMMERCIAL - SERVICE USES
Brewpubs
P
Building materials establishment
P
P
Medical Recycling Facility
P
P
Research and development facilities
P
P
Service establishments, intensive
P
P
Service establishments, personal
P
P
Vehicle and major recreational equipment repair, light and heavy
P
P
Veterinary hospitals and clinics (including boarding of animals)
P
P
INDUSTRIAL/WAREHOUSING USES
Assembly of components manufactured off-site
P
P
Breweries/distilleries
P
P
Fuel, propane, and natural gas dispensaries
C
P
Industrial, heavy
C
P
Industrial, light
P
P
Self-storage facilities
P
P
Storage of towed vehicles
P
Warehousing
P
P
Welding and machine shops
P
Wholesaling
P
P
INSTITUTIONAL USES
Cemetery
C
Childcare facilities
C
Churches
P
Convention centers
P
Corrections facilities
C
C
Crematoriums
C
Educational institutions (1,2,3)
C
C
P
Government establishments
P
P
P
C
Hospitals
C
Group home
P
RECREATION USES
Adult entertainment establishments
P
Public parks, playgrounds or other public recreational facilities
P
P
Recreation, nature
C
Recreation, indoor
P
RESIDENTIAL USES
Assisted living facilities, small and large
C
Community Residential Homes
C
Nursing homes
C
Rooming House
C
Single-family dwellings
C
TRANSPORTATION USES
Airports
C
Freight handling and transportation terminals
C
P
Parking garages (as principal use)
P
UTILITY USES
Communication towers and facilities
P
P
Communication towers and facilities, camouflaged
P
Public utility facilities
P
P
P
Radio or television transmitter, towers or broadcasting facilities
P
P
Salvage Yards
P
Tree and landscape recycling
C
P = Permitted Use; C = Conditional Use; Blank cell = Prohibited
(1)   The lot shall have frontage on an Arterial or Collector Roadway
(2)   The site must be at least 1 acre in size and shall have direct access to a collector or arterial roadway; All buildings shall be set back a minimum of 20 feet from all property lines or meet the district setbacks, whichever are greater.
(3)   The site shall be designed based on the maximum capacity of the facility.
 
(Ord. 2024-33, passed 9-19-24; Am. Ord. 2025-05, passed 2-6-25)

§ 173.022 BULK AND DIMENSIONAL STANDARDS.

   (A)   Bulk and dimensional standards. Tables 173-4 through 173-7 establish the bulk and dimensional regulations for each zoning district. Except as specified otherwise in this Code, no structure or part thereof, shall hereafter be built or moved on a lot which does not meet all of the minimum bulk and dimensional regulations for the zoning district in which the structure is located; and no structure shall hereafter be used, occupied or arranged for use unless it meets the minimum bulk and dimensional regulations for the zoning district in which such structure is located.
TABLE 173-4. DIMENSIONAL STANDARDS - SINGLE-FAMILY AND MOBILE HOME
RESIDENTIAL DISTRICTS
GU
RR
RE
SRE
RS-1
RS-2
RS-3
RMH
TABLE 173-4. DIMENSIONAL STANDARDS - SINGLE-FAMILY AND MOBILE HOME
RESIDENTIAL DISTRICTS
GU
RR
RE
SRE
RS-1
RS-2
RS-3
RMH
Minimum lot area
5 ac
1 ac
12,000 sq. ft.
8,000 sq. ft.
8,000 sq. ft.
7,500 sq. ft.
7,500 sq. ft.
Site: 10 ac
Lots: 4,000 sq. ft.
Minimum lot width
300'
150'
80'
80'
80'
75'
75'
50'
Minimum lot depth
300'
200'
120'
100'
100'
100'
100'
80'
Maximum building coverage
10%
35%
30%
40%
30%
30%
30%
35%
Minimum living area
1,200 sq. ft.
1,200 sq. ft.
1,600 sq. ft.
1,800 sq. ft.
1,400 sq. ft.
1,200 sq. ft.
800 sq. ft.
600 sq. ft.
Maximum height
35'
35'
25'
25'
25'
25'
25'
25'
Minimum setback
 
 
 
 
 
 
 
 
   Front
75'
50'
25'
25'
25'
25'
25'
10'
   Side corner
50'
30'
25'
25'
25'
25'
25'
10'
   Side interior
30'
20'
12'
8'
8'
8'
8'
6'
   Rear
50'
30'
25'
25'
20'
25'
25'
10' (1)
   Site perimeter setback
---
---
---
---
---
---
---
25'
Impervious Surface Ratio
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
Common open space and recreation area
20% (see § 177.005)
20% (see § 177.005 (2))
(1)   A mobile home park/subdivision shall be entirely enclosed, exclusive of driveways, at its external boundaries by a solid wall, wood or PVC fence or evergreen hedge not less than 6 feet in height.
(2)   The RMH district requires an additional 10% of gross land area be set aside and developed for recreational purposes for residents of the mobile home park/subdivision.
NOTE: See § 176.047 for parking/garage requirements.
 
TABLE 173-5. DIMENSIONAL STANDARDS - MULTI-FAMILY RESIDENTIAL AND MIXED-USE DISTRICTS
RT-10
RM-15
RM-20
CMU (4)
UMU (4)
TABLE 173-5. DIMENSIONAL STANDARDS - MULTI-FAMILY RESIDENTIAL AND MIXED-USE DISTRICTS
RT-10
RM-15
RM-20
CMU (4)
UMU (4)
Density (units per acre)
10
15
20
30 (3)
40 max (3)/10 min.
Intensity (Floor Area Ratio)
1.0 (3)
2.5 (3)
Minimum lot area (sq. ft.)
Single-Family (SF) Detached
6,000 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
NA
Duplex (1)
10,000 sq. ft.
8,000 sq. ft.
8,000 sq. ft.
8,000 sq. ft.
NA
Townhomes (TH)
1,600 sq. ft.
1,600 sq. ft.
1,600 sq. ft.
1,600 sq. ft.
NA
Multi-Family (MF)
---
10,000 sq. ft.
10,000 sq. ft.
10,000 sq. ft.
10,000 sq. ft.
Non-residential
10,000 sq. ft.
10,000 sq. ft.
10,000 sq. ft.
10,000 sq. ft.
10,000 sq. ft.
Minimum lot width (ft.)
SF Detached
50'
50'
NA
50'
NA
Duplex (1)
100'
80'
NA
80'
NA
TH (interior lot/end lot)
20/40
20/40
20/40
20/40
NA
MF
---
100'
100'
100'
100'
Non-residential
100'
100'
100'
100'
100'
Minimum lot depth (ft.)
80'
80'
80'
80'
80'
Maximum building coverage (%)
35%
40%
40%
50%
90%
Maximum height (ft.)
35'
50'
70'
35' SF/70' other
70'
Minimum setback (ft.)
Front
20'
20'
20' (2)
5' min./10' max. (4)
5' min./10' max. (4)
Side corner
15'
15'
15' (2)
5' min./10' max. (4)
5' min./10' max. (4)
Side interior
TH: 0'/8' Other
TH 0' 8'/Other (2)
TH 0'/15' Other (2)
TH 0'/15' Other (2)
NA
Rear
20'
20'
20' (2)
10'
10'
Parking setback (ft.)
10'
10'
10'
10'
10'
Building separation (ft.)
---
15'
TH: 15'/30' Other
Per building code
Per building code
Impervious Surface Ratio
0.7
0.7
0.8
0.8
0.8
Common open space and recreation area
20% (see § 177.005)
(1)   Lot size and width per duplex site (2 living units).
(2)   If the building exceeds two stories in height, the setback shall be increased at a rate of 10 feet for every floor over two.
(3)   35 du/ac and 1.5 FAR in CMU and 50 du/ac and 3.5 FAR in UMU with a density/intensity bonus (see Part 5 of this chapter).
(4)   See Part 8 of this chapter.
TABLE 173-6. DIMENSIONAL STANDARDS - OFFICE AND COMMERCIAL DISTRICTS
OP*
RC*
NC*
CC*
HC
GC*
TABLE 173-6. DIMENSIONAL STANDARDS - OFFICE AND COMMERCIAL DISTRICTS
OP*
RC*
NC*
CC*
HC
GC*
Minimum lot area (sq. ft.)
10,000
15,000
10,000
12,500
15,625
15,000
Minimum lot width (ft.)
100'
100'
100'
100'
125'
100'
Minimum lot depth (ft.)
100'
150'
100'
125'
125'
150'
Maximum building coverage (%)
25%
35%
30%
35%
35%
50%
Minimum floor area (sq. ft.)
300
300
300
300
280 hotel/motel or efficiency units (1)
300
280 hotel/motel or efficiency units (1)
300
Maximum height (ft.)
25'
25'
25'
70'
40'
40'
Minimum building setback (ft.) (3)
   Front
30'
40';
30' along arterials
30'
30'
50'
30'
   Side corner
25'
25'
25'
25'
25'
25'
   Side interior
10'
10'
10'
10'
20' (2)
10' (2)
   Rear
30'
15' abutting dedicated alley
30'
25'
10' abutting dedicated alley
25'
10' abutting dedicated alley
30'
15' abutting dedicated alley
10'
Minimum parking setback (ft.) (3)
   Front
10'
15'; 10' along arterials
10'
10'
10'
10'
   Side corner
10'
10'
10'
10'
10'
10'
   Side interior
10';
25' next to residential zoning
5' (30' next to residential zoning)
5'
(25' next to residential zoning)
5' (2)
(25' next to residential zoning)
10' (2)
(25' next to residential zoning)
5'
Impervious Surface Ratio
0.7
0.7
0.8
0.7
0.8
Common open space
*   Development within these districts requires compliance with architectural standards (see Part 4 of this chapter).
(1)   Hotels/motels shall not exceed 75 rooms/units per acre in the CC district, 50 in HC.
(2)   When access and parking areas are shared with adjacent lots, no side interior building and parking area setbacks are required provided the provisions of 176.044(M) (Design Requirements) are met.
(3)   Lots in commercial or industrial districts abutting a residential district shall provide a minimum building and parking setback of 25 feet unless the district requires a larger setback.
TABLE 173-7. DIMENSIONAL STANDARDS - INDUSTRIAL & OTHER DISTRICTS
LI
HI
IU
C
TABLE 173-7. DIMENSIONAL STANDARDS - INDUSTRIAL & OTHER DISTRICTS
LI
HI
IU
C
Minimum lot area (sq. ft.)
20,000
30,000
43,560
---
Minimum lot width (ft.)
100'
150'
150'
SF: 100'
Other: None
Minimum lot depth (ft.)
200'
200'
200'
SF: 200'
Other: None
Maximum building coverage (%)
50%
50%
30%
5%
Minimum floor area (sq. ft.)
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---
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SF: 1,000
Other: None
Maximum height (ft.)
100'
100'
40'
25'
Building setback (ft.)
   Front
40'
40'
25'
50'
   Side corner
25'
25'
25'
25'
   Side interior
20'
20'
25' (1)
25'
   Rear
25'
25'
25'
25'
Minimum parking setback (ft.)
   Front
10'
10'
10'
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   Side corner
10'
10'
10'
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   Side interior
10'
10'
10' (1)
(25' next to residential zoning)
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Impervious Surface Ratio
0.9
0.9
0.9
0.05
Common open space
10% (see § 177.005)
SF: Single-family; MF: Multi-family; RES: Residential; COMM: Commercial
(1) When access and parking areas are shared with adjacent lots, no side interior building and parking area setbacks are required provided the provisions of § 176.044(M) (Design Requirements) are met.
 
   (B)   Bulk and dimensional standards - General provisions.
      (1)   Multiple use of required space prohibited. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this code shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as specifically provided for in this code.
      (2)   Reduction of lot area prohibited. No yard or lot existing at the time of passage of this code shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which it is located. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
      (3)   Minimum requirements. Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure, land, or water.
      (4)   Structures to abut an improved street. Every building hereafter erected or moved shall be on a lot abutting an improved street as defined in Chapter 171.
      (5)   Minimum lot frontage on a street. All lots shall have a minimum lot frontage on a street of eighty percent (80%) of the required lot width. The frontage shall be measured along the right-of-way line.
      (6)   Erection of more than one (1) principal structure on a lot. In any district, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, except single-family residences, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot. In no case shall separation between principal structures be less than twice the required side interior setback.
      (7)   Yard encroachments. Every part of every required setback shall be open and unobstructed from the ground to the sky, except as hereinafter provided or as otherwise permitted in this chapter:
         (a)   Sills or belt courses may project not over eighteen (18) inches into a required yard.
         (b)   Movable awnings may project not over four (4) feet into a required yard, provided that where the yard is less than ten (10) feet in width the projection shall not exceed one-half (0.5) the width of the yard.
         (c)   Chimneys, fireplaces or pilasters may project not over three (3) feet into a required setback.
         (d)   Fire escapes, stairways, and balconies which are unroofed and unenclosed may project not over five (5) feet into a required rear yard, or not over three (3) feet into a required side yard in any residential district.
         (e)   Overhangs, hoods, canopies or marquees may project not over three (3) feet into a required yard.
         (f)   Fences, walls and hedges shall be permitted in required yards subject to the provisions established herein.
         (g)   Accessory parking may be located in a required front, rear or side yard for single-family and duplex dwellings, provided such parking maintain at least a six (6) foot setback from all side interior lot lines and a ten (10) foot setback from, all rear lot lines.
         (h)   Open, unenclosed porches, platforms or paved terraces not covered by a roof or a canopy may extend into the required side yard area not more than six (6) feet, and into the rear yard not more than twelve (12) feet.
         (i)   Unless specifically allowed in this LDC, no required setback area shall be used for any building, driveway, aisle, parking space, vehicle display, back-out area or loading area except that access drives may cross the setback areas.
      (8)   Exceptions to height regulations. The height limitations contained in this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
      (9)   Minimum width of courts. The minimum width of a court over ten (10) feet in depth shall be thirty (30) feet for one (1) story buildings, forty (40) feet for two (2) story buildings, fifty (50) feet for three (3) story buildings, and sixty (60) feet for four (4) story buildings. For every five (5) feet of height over forty (40) feet the width of such a court shall be increased by two (2) feet, provided that open unenclosed porches may project into a required court not more than twenty-five percent (25%) of the width of such court. Where a roadway is provided in the court, the width allowed for such roadway shall be in addition to that required hereby.
      (10)   Buildings required. All commercial uses shall provide at least the minimum size building required for the district in which the use is to be located. The building shall contain plumbing facilities adequate to serve the needs of the customers and employees of the commercial use and must meet all requirements of the code of ordinances.
      (11)   Minimum floor elevation. All buildings not already restricted by floodplain management requirements (as set forth in Chapter 179) intended for human occupancy shall be constructed with the ground floor level at least twelve (12) inches above the highest point of the surface of the public thoroughfare on which the property abuts. The Chief Building Official may waive such requirements after approval from the City Engineer, where the applicant demonstrates that on-site lot and unfinished floor elevations and drainage provides for protection of the finished floor.
      (12)   Waterfront setbacks. For the purpose of promoting health, safety and general welfare of the community and secured safety from fire, storm, hurricane or other causes, all structures shall maintain a twenty-five (25) foot setback from the mean high-water line of the following:
         (a)   Indian River.
         (b)   Palm Bay.
         (c)   Turkey Creek.
      The setback requirements hereinabove shall be construed as a minimum setback and if a greater setback is required under any of the zoning districts, then such greater setback requirement shall be enforced.
(Ord. 2024-33, passed 9-19-24)