This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Rockledge, Florida."

(LDR 1990, § 62.03)

The Comprehensive Plan has been developed pursuant to F.S. Ch. 163, Pt. II (F.S. § 163.2511 et seq.) (the Community Planning Act). The plan is designed to provide policy direction for the City in managing their growth and development over the next ten-year period. It is presented in two separate volumes.

(1)

Objective 1.2. Within one year after plan submission or as required by State Statutes, whichever is greater, the City shall eliminate inconsistencies between the zoning regulations and adopted land use plan as a means of encouraging the reduction of uses inconsistent with the Comprehensive Plan.

(2)

Policy 1.2.1. The City shall amend its zoning ordinance consistent with the permitted land uses established through the planning district guidelines in Section ___ and the Future Land Use Map.

(3)

Policy 1.2.2. The compatibility criteria established in the planning district guidelines in Section ___ shall be applied in the review of new development to ensure its compatibility with existing land uses.

(LDR 1990, § 60.01)

Where uncertainty exists with respect to the boundaries of any of the regular and overlay districts as shown on the Zoning Map, the following rules shall apply:

(1)

Unless otherwise indicated, the district boundaries are indicated as approximately following property lines; land lot lines; centerlines of streets, highways, alleys or railroads; shorelines of streams, reservoirs or other bodies of water; or civil boundaries, and they shall be construed to follow such lines.

(2)

Where district boundaries are approximately parallel to the centerlines of streets, highways or railroads, streams, reservoirs or other bodies of water, or said lines extended, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Zoning Map.

(3)

Where a district boundary line, as appearing on the Zoning Map, divides a lot which is in single ownership at the time of enactment, the use classification of the larger portion may be extended to the remainder by the Zoning Official without recourse to amendment procedure.

(4)

Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

(5)

In case the exact location of a boundary cannot be determined by the foregoing methods, the Board of Adjustment shall, upon application, determine the location of the boundary.

(LDR 1990, § 60.02)

(a)

Use. No building or structure shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this chapter, as permitted in the district in which such land, building, structure or premises is located.

(b)

Height. No structure or building shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by this chapter for the district in which such building or structure is located.

(c)

Percentage of lot occupancy. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by this chapter for the district in which such building or structure is located.

(d)

Density of population.

(1)

Limit on number of dwelling units. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of this chapter for the district in which such building, structure or premises is located.

(2)

Voluntary designation of lower maximum density in applications for rezoning. Any person, firm or corporation owning an interest in real property that files an application for a change in land use classification to the R2A (Multifamily Dwelling Low Density) District, R3 (Multifamily Dwelling High-Density) District, TH (Townhouse Dwelling) District, or the C2 (General Commercial) District may, at the owner's option, request such change with a maximum density limitation of less than the maximum number of dwelling units per acre permitted in the zoning district to which the applicant desires the applicant's property to be rezoned. Said request shall designate the exact lower maximum density limitation in terms of a specified number of dwelling units per acre. Said request may be specified in the application for the change in land use classification or at any time prior to final action by the City on said application.

(3)

Legal effect of voluntary designation of lower density. Upon final approval by the City Council of a change in land use classification with a requested designation of a lower maximum density limitation, such designation shall become a binding condition on the use of said land and the designation shall be noted on the official Zoning Map of the City. In such event, the maximum density generally applicable in the zoning district to which such land is rezoned shall be rendered inapplicable to said land and the lower maximum density limitation designated by the applicant shall control and be the maximum density permitted in the development and use of said land.

(e)

Open space use limitation. No yard or other open space provided for any building or structure for the purpose of complying with the regulations of this chapter shall be considered as providing a yard or open space for any other building or structure.

(f)

Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; in no case shall there be more than one principal dwelling building on any one lot located in any of the following zoning districts, viz.: RCE, R1, R2, R2A, TH or MH.

(g)

Acceptance of substandard-sized property. After the effective date of the ordinance from which this section is derived, if any land is divided, subdivided, partitioned or sectioned off by deed or other instrument of conveyance so that any part or parcel thereof held under separate ownership is smaller in size than the minimum size building lot required by the this chapter for the classification wherein such land is located, the grantee or grantees in such deed or other instrument of conveyance and their successors in title shall be deemed to have accepted delivery of such conveyance and ownership of the property therein described with full knowledge and notice that the property described in the conveyance is of substandard size and will not qualify for issuance of a building permit for the construction, repair or restoration of any building or structure on said property.

(h)

Construction material of building exteriors in nonresidential zoning districts. Any portion of a structure facing a public road right-of-way shall be constructed of, or facaded by, a permanent non-metal material such as lap siding, brick or stone veneered masonry, or finished masonry. In no case shall this portion of the structure be less than 60 percent permanent non-metal material and no less than eight feet in elevation from the finished floor elevation. The roofline shall be architecturally designed and constructed with a mansard roof or other acceptable industry equivalent, including metal, to enhance the appearance of the structure.

(LDR 1990, § 60.03; Ord. No. 1120-96, § 31, 8-14-1996)

(a)

Generally.

(1)

Obstructions. Every part of a required yard shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, chimneys, flues and eaves. No such projection shall exceed 30 inches in width.

(2)

Lot abutting an alley. Whenever a lot abuts upon an alley, one-half of the alley width may be considered as a portion of the required rear yard; however, such width shall not exceed ten feet.

(3)

Terraces in front yards. An open, paved terrace may project into a required front yard for a distance not exceeding ten feet.

(4)

Determination of front and depth dimensions. The narrow width of a corner lot shall determine its front for purposes of meeting the requirements of front and side yards. In cases of reversed frontages, the determination of front and side yard depths shall be made by the Board of Adjustment.

(b)

Yards on corner lots with established setback lines. Where building setback lines have been established for lots fronting on streets, roads or highways, the front yard of a corner lot shall be not less than the area lying between the street right-of-way line and the established setback line for lots fronting on such street, and the side yard adjacent the side street of a corner lot shall be not less than the area lying between the street right-of-way line and the established setback line for lots fronting on such side street, except that on corner lots in MH zoning districts, the minimum setback requirements for the side yard adjacent to the side street shall be 12½ feet.

(c)

Lot width on lots fronting a cul-de-sac or curved street. On pie-shaped or irregular shaped lots fronting on a cul-de-sac or curved street or other location, the building line shall be parallel or tangent to the street and the building line shall be at a point where the lot width measures a minimum of 75 feet or the measurement at the building line shall comply with the minimum lot width for the respective zone classification. In no case shall the front setback be less than that required for a standard lot in the same zone.

(LDR 1990, § 60.03.1)

(a)

Upon specific application therefor, the Board of Adjustment may make exceptions to the limitations and restrictions on height of buildings in all zoning districts described in this chapter, except the single-family residential zoning districts; provided, however, that in any instance wherein such an exception is granted, the Board of Adjustment shall prescribe the maximum allowable height of the buildings involved.

(b)

Chimneys, water, fire, radio and television towers, church spires, domes, cupolas, stage towers and scenery lofts, cooking towers, elevators and stair bulkheads, smokestacks, flagpoles, parapet walls and similar structures and their necessary mechanical appurtenances may be erected above the height limits established by this chapter without the necessity of obtaining a waiver of or exception to the height limitation by the Board of Adjustment.

(LDR 1990, § 60.04)

Where, at the time of adoption of the ordinance from which this section is derived, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, provided:

(1)

Nonconforming uses.

a.

No such nonconforming uses shall be enlarged or increased nor intended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this section is derived.

b.

No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of the ordinance from which this section is derived.

c.

If any such nonconforming uses of land are discontinued or abandoned, either voluntarily or in accordance with the amortization requirements for that use, for a period of at least six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

d.

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(2)

Reversion. A nonconforming use which is changed to a conforming use shall not be permitted to revert to any nonconforming use.

(3)

Nonconformance not grounds for variance. The presence of a nonconforming use or structure in a zoning district shall not in and of itself be allowable as legal grounds for granting of variances for other surrounding properties.

(4)

Nonconforming commercial/industrial structures.

a.

Unsafe buildings or structures. Any structure or building or portion thereof declared unsafe may be restored to a safe condition provided that restoring it to a safe condition does not exceed more than 60 percent of the market value of the structure on the date in which it was declared unsafe.

b.

Alterations. A nonconforming building may be maintained, and repairs and alterations may be made, except that no structural alterations shall be made except those required by law including eminent domain proceedings. Repairs, as plumbing, electrical or changing of partitions or other alterations, are permitted.

c.

Any portion of a structure that encroaches into the setback is considered a nonconforming building and will not be permitted to expand. Nonconforming buildings which do not encroach into current setbacks may be expanded.

d.

No nonconforming building or structure may be reconstructed when sustaining substantial damage, which shall be defined as damage of any origin sustained by a structure whereby the cost of restoring the structure to its original pre-damaged condition would equal or exceed 60 percent of the market value of the structure (from the date on which it was damaged).

(5)

Nonconforming residential structures.

a.

Alterations. A nonconforming building or structure may be maintained, and repairs and alterations may be made, except that no structural alterations shall be made except those required by law including eminent domain proceedings.

b.

Any portion of a structure that encroaches into the setback is considered a nonconforming residential building and will not be permitted to expand, with the following exception: expansion is permitted if the expansion complies with the current setback.

c.

Any nonconforming residential structure which has been damaged may be reconstructed, provided that the cost of restoring the structure to its original condition would not exceed 60 percent of the market value of the dwelling from the date in which the damage occurred. The term" market value" means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both have reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

d.

Any residential duplex that was lawfully in existence on December 5th, 1957, and located on property that first became zoned in an R2 single-family dwelling zoning district by City Ordinance No. 60-57, adopted by the City Council on December 4th, 1957, and which duplex was rendered a preexisting nonconforming use in an R2 Single-Family Dwelling District by virtue of the enactment of said Ordinance No. 60-57 and has continuously been used as a residential duplex at all times since the property on which it is located was zoned R2 single-family dwelling zoning district by Ordinance No. 60-57 aforesaid, may, in the event of the partial or total destruction of said duplex, be repaired or reconstructed in whole or in part, in accordance with the following terms and conditions:

1.

The building permit for the repair or reconstruction work is applied for within one year after the damage to or destruction of the duplex, and such work is progressed to completion with reasonable diligence after issuance of the building permit;

2.

Such repair or reconstruction work results in the restoration of the duplex in substantially the same structural plan and configuration as the preexisting duplex, in the footprint of the preexisting duplex, and without enlargement or expansion of the preexisting duplex; and

3.

Such repair or reconstruction work conforms to all applicable building codes in effect at the time the repair or reconstruction work is performed.

(LDR 1990, § 60.05; Ord. No. 1008-91, § 1, 9-4-1991; Ord. No. 1174-98, § 5, 11-4-1998; Ord. No. 1669-2015, § 1, 4-15-2015)

(a)

Outside display areas are not to be considered outside storage yards. These areas, if approved, are for the purpose of displaying merchandise which is for sale or lease of the person having a business tax receipt and operating the business from that location. The provisions apply only to those properties having zoning categories outside residential.

(b)

The Planning and Zoning Commission will review and recommend for approval all outside display areas in the City, upon being in receipt of a completed application form and all other associated documents and materials. Approval will be granted by the Planning and Zoning Commission in accordance with the following regulations.

(c)

Submittal requirements for Planning and Zoning Commission review and recommendation for approval to City Council include the following:

(1)

Must receive completed application and all associated documentation ten working days prior to Planning and Zoning Commission meeting date.

(2)

A letter from the parking board approving any reduction of required parking spaces.

(3)

The proposed display area must be shown on an approved site plan or survey showing all property lines, parking areas and buildings this site plan must be to scale.

(4)

A letter of permission from the owner requesting to have a display area is necessary or one giving permission to act on the owner's behalf is needed. This letter shall state whether the display area is temporary or permanent in nature. A temporary display area shall be defined as a display that will not last more than 45 days (i.e., pumpkins, Christmas trees).

(5)

Evidence showing the total square footage of the site, the square footage of developed area; the leasable space, and the required number of parking spaces needed.

(6)

A written letter from the Building Division that the signage and landscaping requirements meet today standards or the applicant has been issued a building permit to retrofit the property in question to bring the landscaping and signage into compliance.

(7)

Copy of issued building permit to bring property into compliance.

(8)

Copy of current business tax receipt.

(9)

Copy of receipt showing the application fee had been paid.

(d)

Limits and conditions needed for receiving an outside display area permit are as follows:

(1)

The area of outside display shall not exceed 15 percent of the total square footage of the principal structure.

(2)

All current landscaping and signage regulations for the entire site must meet current code standards.

(3)

Parking area should be used; however, no required parking for the site, as determined by the Rockledge City Code, shall be encumbered unless written authorization is received by the parking board, with the understanding that the parking board may rescind their approval if parking becomes a problem and complaints are received.

(4)

No additional signage may be placed on displayed items, except for the price of sale or rental cost, which shall be restricted to no greater than one square foot.

(5)

The maximum display height shall be set forth at 12 feet, except for individual landscape plants.

(6)

Approved display areas must be delineated by the use of permanent paint or other non-toxic substance on the surface/ground where approved.

(7)

There shall be no interference with pedestrian or vehicle movement into the principal structure of the parking area.

(8)

Display of items is limited to current on-site inventory materials or goods only.

(9)

Display areas must be set back five feet from the right-of-way and five feet from any side property line, and outside the site triangle.

(10)

Display areas must be an accessory use to a principal use.

(11)

Any display area shall be required to be setback at least 50 feet from any right-of-way and 20 feet from any side property line, unless the display area is shielded from the right-of-way, then the provisions of Subsection (9) of this section shall be followed.

(12)

Display areas proposed to be used on pedestrian walkways may not be encumbered by more than 50 percent or allow less than a four-foot clear path for walking.

(13)

No tent or any structure shall be built or placed within a display area without a permit and City Council approval.

(14)

All display items shall be removed during times of emergency, when directed by the City.

(15)

No additional lighting shall be used or installed to highlight the display area.

(16)

No temporary sign or portable sign or banner may be located or used on property having materials or equipment in an approved display area.

(17)

Display areas must remain clean at all times.

(18)

Display areas may not cause visual impairments for vehicles or pedestrians when trying to ingress or egress the property.

(19)

Only the property owner may request a display area for any developed or leased area. A lessee may act as the owner's agent upon receiving written authorization.

(e)

Enforcement.

(1)

Failure to abide by all rules and regulations outlined above will result in the suspension of the right to have an outside display area, for a 30-day period when noticed for a first offense. All additional offenses will result in a display area suspension for a period of one year following the second notice from the City. Full re-application for a display area may occur after the one-year period.

(2)

Appeals from any suspension for using approved outside display areas imposed by the Building Division, may be taken before the Planning and Zoning Commission for a decision on the suspension within 30 days. All appeals must be in writing and submitted to staff ten days prior to the next regularly scheduled Planning and Zoning Commission meeting.

(LDR 1990, § 61.00; Ord. No. 1144-97, § 6, 8-20-1997; Ord. No. 1301-2003, § 1, 2-5-2003; Ord. No. 1653-2014, § 1, 9-3-2014)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Compatibility and consistency, under all circumstances, means a rigidly methodical review of development standards to ensure differing land uses or conditions can coexist in relative proximity to each other in a stable fashion over time and that primary uses and conditions of an existing planning district are not unduly negatively impacted directly or indirectly by another use or condition. The staff, Planning and Zoning Commission and City Council shall use similar techniques to ensure compatibility and consistency between differing uses by increased setbacks; increased landscape buffers, increased wall heights, height reduction, the clustering of buildings away from preexisting residential, the preservation of natural buffers, and the incorporation and suitability of design standards used by existing surrounding development.

Suitability means the degree to which the existing characteristics and limitations of existing land use or development are compatible with a newly proposed use or development.

(b)

Setback standards from single-family residential units. It has been determined that the average one-story, single-family dwelling unit has an average adjusted height of 16 feet and that the average two-story, single-family dwelling unit has an average adjusted height of 25 feet. The minimum setback between a single-family project and multifamily or nonresidential project is 25 feet. Any proposed project adjacent to single-family with heights above the average single-family heights must increase the required setbacks as stated below. Additional setbacks standards above average adjusted heights are as follows:

(c)

Density difference mitigation. Density differences between uses will require increases in landscape buffering and landscape enhancements between the existing neighborhood and the proposed project and/or the increased height of required buffering wall and/or the incorporation of increased architectural elements of the differing uses.

Commercial density is calculated at one equivalent residential unit (ERU) per 937.5 square feet of building space (a 13,000 square-foot building on one acre of land is equal to 14 residential units).

Example: A proposed multifamily project building having 14 dwelling units per acre (DUA) next to property zoned R2 having five DUA must mitigate for the difference in densities, or nine DUA projects are required to mitigate for density differences by using the following options:

a.

Landscape enhancement features. Increase landscaping along properties having differing uses (must use at least one planting level) adding medium and small size trees:

1.

Planting every 25 feet: two points.

2.

Planting every 20 feet: three points.

3.

Planting every 15 feet: four points.

4.

Planting every ten feet: five points.

b.

Design features. Each design feature is worth one point (choose a minimum of three).

1.

Canopies or porticos, integrated with the building's massing and style;

2.

Overhangs;

3.

Arcades, a minimum of six feet clear in width;

4.

Raised cornice parapets over doors;

5.

Peaked roof forms;

6.

Arches;

7.

Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, pursuant to these regulations;

8.

Any other treatments which, in the opinion of the City, meet the intent of this section.

(LDR 1990, § 61.90; Ord. No. 1522-2009, § 1, 7-15-2009)