(a)

The term "tiny house" shall be defined as a principal residential dwelling that has a square footage of between 170 and 1,100. Tiny houses are only permitted within the Redevelopment Mixed Use district (RMU) or a Planned Unit Development (PUD) in a pocket neighborhood setting.

(1)

Minimum GFA. Each dwelling unit shall have a minimum gross floor area of not less than 170 square feet for the first occupant and not less than 100 square feet for each additional occupant.

(2)

Required space in sleeping rooms. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.

(3)

Minimum ceiling height. Every habitable room, foyer, bathroom, hall or corridor shall have a ceiling height of at least seven feet. If any room has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof, but the floor area of that part of any room where the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

(4)

Structure width. The minimum width of a tiny house must be at least 8½ feet, with a maximum of 20 feet.

(b)

A tiny house on wheels (THOW), for the purposes of these guidelines, is a structure which is intended as a full-time residence or yearround rental property and meets these conditions:

(1)

Built on a trailer that is registered with the builder's local DMV.

(2)

Towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection cannot move (and was not designed to be moved) under its own power.

(3)

Is no larger than allowed by applicable State law. (The typical THOW is no more than eight feet six inches wide, 30 feet long, and 13 feet six inches high. Larger tiny houses may require a special commercial driver's license and/or special permits when being towed.)

a.

Verify with the DMV that the THOW is with limits of the law.

b.

Roof height is from bottom of tires to the top of the highest exterior point on the house, including any protrusions. The roof height may be taller when stationary, as long as it is collapsible for towing of the THOW. Chimney piping may need to be removed for travel and then reinstalled to meet clearance requirements for use.

c.

Built to the standards of a State ASCE structural engineer's approved plans.

(4)

Has at least 170 square feet of first floor interior living space.

(5)

Includes basic functional areas that support normal daily routines (such as cooking, sleeping, and toiletry).

(6)

The following documentation will be required to be submitted for building permit for a THOW in a pocket neighborhood:

a.

Detailed structural plans illustrating the location of studs, joists, rafters, and engineered connectors (hurricane clips, tension ties, etc.). Plans should clearly address how the structure is secured to the trailer and how the floors, walls, and roof are framed and sheathed. Plans should also include an illustration of a floor, wall and roof section, showing the building members, insulation, vapor barrier, moisture barrier, sheathing, siding and roofing.

b.

Detailed diagram of the electrical plan.

c.

Photographs of the framing, roof, insulation, rough plumbing, and rough electrical.

d.

A statement describing the construction methods along with the names and addresses of any subcontractors hired.

(c)

A tiny house will be permitted within a planned pocket neighborhood. A pocket neighborhood is defined as meeting the following requirements:

(1)

A minimum of four tiny houses and maximum of 12 tiny houses per pocket neighborhood. Twenty-five percent of these house sites may be for THOWs.

(2)

Centralized common area. The common open space area shall include usable public spaces such as lawn, gardens, patios, plazas or scenic viewing area. Common tables, chairs and benches are encouraged, with all houses having access to it.

a.

Four hundred square feet of common open space is required per unit.

b.

Fifty percent of units must have their main entry on the common open space.

c.

All units must be within five feet of each common open space. Setbacks cannot be counted towards the common open space calculation.

d.

The principal common open space must be located centrally to the project. Additional common open space can only account for 25 percent of the total requirement with trails and pathways connecting the total development. Passive trails are allowed and may count towards the common open space requirement.

e.

Community buildings or clubhouses can be counted towards the common open space calculation.

f.

Tiny houses must surround the common open space on a minimum of two sides of the green.

g.

Common open space shall be located outside of stormwater/detention ponds, wetlands, streams, lakes, and critical area buffers, and cannot be located on slopes greater than ten percent.

(3)

All houses must have both front and rear porches.

a.

Porches shall be oriented towards common open space or street and designed to provide a sense of privacy between units. Porches shall be a minimum of 80 square feet and a minimum of eight feet deep on the common open space side of the building. The square footage of the porch may be reduced to 60 square feet (six by ten feet deep) on units less than 600 total gross square feet.

b.

Secondary entrances facing the parking and sidewalk are required to have a minimum five-foot by five-foot porch.

(4)

Pocket neighborhood communities must be part of a condo or homeowner's association to maintain the common areas.

(5)

Lot requirements.

a.

Area. The minimum lot area per dwelling unit shall be 1,200 square feet. Maximum lot area per dwelling unit shall be 3,000 square feet. Maximum lot coverage shall be 40 percent for structure, porches and drives 30 percent.

b.

Width. Minimum width per lot shall be 18 feet. Maximum width per lot: 30 feet.

c.

Depth. Minimum length per lot: 50 feet. Maximum length per lot: 100 feet.

(6)

Setbacks.

a.

Front setback shall be 20 feet, to be used for front porch and parking.

b.

Rear or next to common area the setback shall be five feet for the construction of a rear porch.

c.

Side setbacks: The sum of side setbacks shall be not less than ten feet. If the side setback adjoins public open space, these setback requirements may be reduced by an amount equal to the distance from the property line to the centerline of the open space.

d.

A modified setback shall be endorsed upon the approved site plan. No portion of a building or appurtenance shall be constructed as to project into any commonly owned open space. No structure or portion thereof shall be closer than five feet to any structure on an adjacent lot.

(7)

Maintenance of open space and utilities. Before approval is granted, the applicant shall submit covenants, deeds and homeowner's association bylaws and other documents guaranteeing maintenance and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. These documents shall be reviewed and accompanied by a certificate from an attorney that they comply with the requirements of this division prior to approval. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the County Auditor as a condition precedent to the filing of any final plat of the property or division thereof, except that the conveyance of land to a homeowner's association may be recorded simultaneously with the filing of the final plat.

(8)

Tiny houses on wheels (THOW) in pocket neighborhoods must comply with the following:

a.

THOWs must be placed in a designated area in the approved site plan of the pocket neighborhood.

b.

All THOWs must be placed adjacent to common open space area.

c.

Must meet the tie down and skirting requirements of the mobile home requirements of the Land Development Regulations. The Building Official may require additional standards to ensure the porches hide any hitches.

(LDR 1990, § 70.90; Ord. No. 1680-2015, § 1, 9-23-2015)

(a)

Accessory buildings shall be constructed simultaneously with or following the construction of the primary structure.

(b)

Setbacks for accessory uses.

(1)

Portable sheds of 100 square feet in area or less and not attached to a permanent base or slab may be installed not less than six inches from a side or rear lot line, nor closer than ten feet to a principal building on an adjoining lot.

(2)

Accessory structures shall not be closer than 7½ feet to a lot line, unless the property abuts a designated retention area recognized by the City, in which case the setback on the abutting side is reduced to six inches; provided, further, that the accessory structure may not be placed on an designated easement.

(3)

No accessory structure shall be located forward of the front building line of the primary structure.

(4)

All accessory structures in the defined historical districts of Valencia Road, Barton Avenue and Rockledge Drive may be placed 7½ feet from the property line, provided the applicant first obtains signed consent forms allowing the reduced setback from all adjoining property owners in accordance with the procedural guidelines of the administrative setback waiver provisions of Section 102-7.

(5)

The side-corner setback for an accessory structure on a corner lot shall be the same as for the primary structure. If the property has a six-foot tall privacy fence, installed and maintained in compliance with Section 118-769(c) along the side corner property line, the setback may be reduced to 15 feet.

(c)

Except as otherwise specifically provided in these LDRs, an accessory structure shall not exceed 12 feet in height and may not occupy more than 35 percent of a required rear yard. This provision does not apply to swimming pools. The height of an accessory structure shall be measured as the vertical distance from grade plane to the average height of the highest roof surface.

(d)

The height of an accessory structure may be increased, provided that the setback be increased two feet for every one foot in increased height above 12 feet. No accessory structure shall be taller than the maximum building height as allowed by the applicable zoning district regulations.

(e)

The maximum allowable size of an accessory structure in any residential zoning district shall depend upon the lot size of the property on which the structure is located and shall be as follows:

¹ Maximum building area is the aggregate total of all accessory structures on the lot. No single accessory structure shall exceed 2,500 square feet in area, unless on a parcel of 50 acres or more.

(LDR 1990, § 80.00.1; Ord. No. 992-91, § 1, 2-6-1991; Ord. No. 1098-95, § 11, 5-3-1995; Ord. No. 1364-2004, §§ 8, 9, 12-1-2004; Ord. No. 1436-2007, §§ 1, 2, 1-17-2007; Ord. No. 1469-2007, § 1, 11-7-2007)

Structures which are constructed in whole, or in part, off of the property, are not built or attached to the property pursuant to a building permit, and are not licensed by the State Department of Motor Vehicles must meet the requirements set out in this section. These shall be deemed to be portable storage units without regard to the structures' actual use.

(1)

Only one portable storage unit may be located on a property at any one time. The property owner or tenant may apply to the Building Division for additional units, which shall be granted only if it is determined that such would not adversely impact the area in any way and would comply with all other requirements of this section.

(2)

A portable storage unit will not exceed eight feet in height, eight feet in width, and 16 feet in length.

(3)

The property owner or tenant thereon shall notify the Building Division in writing prior to the location of a portable storage unit on any property. Said notification must establish where the portable storage unit is to be located. The owner or tenant must receive prior approval of the Building Division as to the location of the portable storage unit.

(4)

A portable storage unit shall not be located in such a manner to impair a motor vehicle operator's view of vehicular, bicycle or pedestrian traffic either on or off of the property.

(5)

A portable storage unit shall not be located in such a manner to obstruct the flow of vehicle, bicycle or pedestrian traffic.

(6)

A portable storage unit may have affixed to it no more than two 12-inch by 18-inch signs.

(7)

A portable storage unit must have affixed to it by the unit's owner a tag indicating the most recent delivery date on which the portable storage unit was delivered to the property.

(8)

If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of 75 miles per hour or greater, all portable storage units shall be removed from all properties and placed in approved storage locations at least 24 hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the Building Official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner.

(9)

Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk.

(10)

A portable storage unit may be placed upon property without permit, subject to the provisions of this section and any other applicable Land Development Regulations as follows:

a.

Residentially zoned property. A portable storage unit may be placed on residentially zoned property for four days, no more than four times per year.

b.

Nonresidentially zoned property. A portable storage unit may be placed on nonresidentially zoned property for 30 days, no more than four times a year.

c.

Emergency situations. The Building Division may allow portable storage units to be located on a property for a larger period of time than set out above in emergency situations, for 15 days, with the right to grant an additional 15 days extension if necessary to complete emergency repairs.

(11)

The owner or tenant will not allow any living creature to reside within a portable storage unit, at any time, for any reason.

(LDR 1990, § 80.00.2; Ord. No. 1302-2003, § 1, 2-5-2003)

(a)

Purpose. This section shall control the development of churches, synagogues, mosques or other places of worship, including all affiliated activities, of all types, to ensure that the unique impact associated with such activities are addressed, while still allowing for a wide range of possible locations.

(1)

Permitted use. Churches, temples, synagogues, mosques or other places of worship, including all affiliated activities, shall be a permitted use within the following zoning districts:

a.

C1 Neighborhood Retain Commercial.

b.

C2 General Commercial.

c.

P2 Professional.

d.

M1 General Industrial.

e

M2 Light Industrial and Warehousing.

f.

IP Industrial Park.

g.

PUD Planned Unit Development.

(2)

Special exceptions. Special exceptions are not permitted.

(b)

Calculation of seating capacity. For the purposes of this regulation, the term "seat" is defined as either:

(1)

One individual fixed seat; or

(2)

A length of 18 inches on a pew or bench; or

(3)

A measurement of seven square feet per person for the area seating the general assembly with movable chairs or other portable seating fixtures. The total area includes aisle space but excludes areas such as stage and podium areas, space for musical instruments, and lobbies.

(c)

General development criteria. The following development criteria shall apply to places of worship and related activities without regards to the zoning district in which it is located or the permit under which the use is processed:

(1)

Lighting for parking lot areas, structures, statuary and signage shall comply with the development regulations for parking, lighting and signs and the design standard as required in any commercial project in the City.

(2)

The use shall comply with the parking regulations for assembly uses, except that in no event shall the parking be in excess of one space per three seats in a residential zone.

(3)

The storage of buses and vans over 10,000 pounds gross weight is permitted onsite under the following conditions:

a.

The location of the parking areas for these vehicles is indicated on the site plan at the time of application.

b.

Vehicles must be leased or owned by the owner or tenant of the site, must be in operable condition, and must have a current vehicle registration.

c.

Vehicles shall not intrude into the public rights-of-way or obstruct sight visibility from any driveway.

d.

Structural and/or natural screening, as approved by the City, shall screen the vehicles from neighboring properties. The screening requirement or amount of screening may be eliminated or reduced in commercial and industrial zones to the extent that the storage of vehicles is treated uniformly with other uses in the same zoning district.

(4)

A transportation management plan (TMP) shall be submitted for approval by the City. The TMP shall address the following: traffic control, parking management (including the mitigation of overflow parking into adjoining residential areas), and traffic movement to the arterial street system. In addition to on-site parking requirements, parking in excess of the maximum may be permitted on existing off-site satellite parking lots, subject to City approval of a joint use agreement. Off-site parking in residential zones shall be limited to lots shared with existing institutional uses, such as schools.

(5)

The maximum height for separate structures onsite such as bell towers, crosses, statuary, or other symbolic religious icons shall be 15 feet.

(6)

The proposed structure shall comply with the applicable design criteria for which the use is located.

(7)

Additional standards are applicable to the use. The underlying zoning and size of the facility shall be determined if designs standards will be needed.

(d)

Development criteria for seating capacities in a residential zoning district.

(1)

Places of worship with seating capacity of less than 250 seats.

a.

The facility shall be located within 1,200 feet, as measured along the centerline of the right-of-way, of an arterial road (minor or principal);

b.

The facility shall be located on a paved road having two lanes with a minimum width equal to the public works standard for a local access street;

c.

Buildings shall maintain a minimum setback of 20 feet from all property lines; building setbacks shall be increased by five feet for every one foot in building height over 30 feet;

d.

The maximum building height does not exceed 50 feet inclusive of steeples, bell towers, crosses, or other symbolic religious icons;

e.

The minimum lot size shall be the same as that required in the zoning district in which the proposed facility is located;

f.

The maximum lot coverage of structures may not exceed 35 percent; total impervious surfaces may not exceed 75 percent of lot area;

g.

No more than two large vehicles in excess of 10,000 pounds gross weight each may be stored on-site at a given period of time; and

h.

Structures, parking lots and lighting shall be designed to avoid excessive light and glare impacts on adjacent properties. Restrictions on light pole height and type, deflectors and other such measures may be required as necessary to prevent overspill and excessive intensity of light.

(2)

Places of worship with a seating capacity between 250 to 750.

a.

The proposed facility must be located adjacent to at least one arterial road (collector, minor or principal);

b.

Buildings shall maintain a minimum setback of 20 feet from all property lines;

c.

The maximum building height may not exceed 50 feet, inclusive, of steeples, bell towers, crosses, or other symbolic religious icons. However, building setbacks shall be increased five feet for every one foot in building height over 30 feet;

d.

The maximum lot coverage of structures may not exceed 35 percent; total impervious surfaces may not exceed 75 percent of the lot area; and

e.

No more than two large vehicles in excess of 10,000 pounds gross weight each may be stored on-site at a given period of time.

(e)

Development criteria for seating capacities in a commercial or industrial zoning district.

(1)

Places of worship with a seating capacity between 500 to 2,000 seats. Site development shall comply with the general standards for the zone in which it is located with the exception of the following:

a.

The proposed facility must be located adjacent to at least one arterial road (minor or principal);

b.

The maximum building height permitted is 50 feet. An additional allowance of 15 feet for a steeple, bell tower, cross, or other symbolic religious icon is permitted. Building setbacks shall be increased five feet for every one foot in building height over 45 feet;

c.

Accessory/stand-along parking facilities are prohibited;

d.

Primary and secondary schools are permitted as a related or accessory use;

e.

The proposed structure shall comply with the applicable design standards contained in the zoning district;

f.

Lighting for parking lot areas, structures and statuary shall comply with the development regulations for parking and lighting and with the design standards set forth in each zoning district.

(2)

Places of worship with a seating capacity greater than 2,000 seats.

a.

The proposed facility must be located adjacent to at least one arterial road (collector, minor or principal);

b.

Site development shall comply with the general standards for the zone in which it is located with the exception of the following: The maximum building height permitted is 50 feet. An additional allowance of 15 feet is allowed for a steeple, bell tower, cross, or other symbolic religious icon. Building setbacks shall be increased five feet for every one foot in building height over 45 feet;

c.

Accessory/stand-alone parking facilities are prohibited;

d.

Primary and secondary schools are permitted as a related or accessory use; and

e.

Lighting for parking lot areas, structures and statuary shall comply with the design criteria set forth in each zoning district.

(f)

Day care centers and schools uses. Day care centers and schools are grandfathered to existing uses in all zoning districts; however, no expansion will be allowed except for those having commercial or industrial zoning classifications. The placement of all new day care centers and schools will only be allowed if it is a permitted use in that zoning district in which the church is located. Parking licensing standards will be the same as any other commercial day care facility.

(g)

Food distribution centers for the needy. Place of worship food distribution centers are allowed in all zoning categories that have restaurants as a permitted use. All other existing food distribution centers in the City shall have the following restrictions:

(1)

No more than 20 meals may be served in a 24-hour period.

(2)

The place of religious assembly can physically provide an indoor eating area meeting all State, County and City codes for the proposed use.

(3)

No food distribution center for the needy may be closer than 1,320 feet from any other food distribution center for the needy, nor shall the place of worship have more than one food distribution center on each property.

(4)

Each food distribution center shall provide information to the City Manager addressing the following issues.

a.

Hours of operations;

b.

Personnel operating the facility;

c.

Management of solid waste, litter and lighting;

d.

Parking requirements;

e.

The name, address and phone number of the person responsible.

(5)

Signage for food distribution centers for the needy shall be limited to two wall-mounted, nonilluminated signs displaying the name of the facility, hours of operation and other functional information or directions. No more than one sign shall be displayed on any building face. No sign shall exceed 18 square feet, nor shall the total combined area for two signs exceed 30 square feet.

(h)

Residences for destitute people (homeless shelters). Place of worship homeless shelters are allowed only where the existing zoning district allow hotels and/or motels. Each place of worship homeless shelter shall be restricted to the following:

(1)

The total number of beds in any one facility is 15.

(2)

Meals may be provided only to residents.

(3)

No one over the age of 18 years may be admitted as a resident without first having been verified by the Police Division that that person has no outstanding warrants for arrest.

(4)

Each homeless shelter shall provide information to the City Manager addressing the following issues:

a.

Hours of operations;

b.

Personnel operating the facility;

c.

Management of solid waste, litter and lighting;

d.

Parking requirements;

e.

The name, address and telephone number of the person responsible.

(5)

Each homeless shelter must provide an indoor area meeting all State, County and City codes for the use of homeless shelters. The area must be inspected and approved by the Building Official prior to being used as a homeless shelter facility, either on a temporary or recurring basis.

(6)

There must be at least one staff person or volunteer on site and the director or administrator on call whenever anyone is occupying the facility.

a.

Combined facilities (food distribution and homeless shelter) are allowed, provided the zoning classification allows for both uses and the restrictions noted above are met.

b.

Development plan approval is the same process for all commercial site plan submittals.

(i)

Preexisting properties used for religious purposes. Those properties on which all or a portion is utilized in the exercise of religion, whether churches, temples, synagogues or other types of like institutions, which had been preexisting before the effective date of the ordinance from which this section is derived, shall be deemed a preexisting nonconforming use to which the provisions of this section will not apply. Should thereafter 50 percent or more of the building be replaced or repaired (not to include re-roofing or general period maintenance) after such date, then the entire property will become subject to the effects of this section.

(j)

Waiver of alcoholic beverage restriction. Should the construction of a house of worship, or one of its affiliated uses, be within 200 feet of a neighboring property, which at the time of such construction, under existing land development regulation, would invoke the provisions of Section 118-757 or other regulation which would act to prohibit licensed sale of alcoholic beverages due to the construction, then said provision is deemed waived by the house of worship, or its affiliated use, in favor of the neighboring property and shall not act to prohibit the licensed sale of alcoholic beverages.

(LDR 1990, § 80.01; Ord. No. 1144-97, § 27, 8-20-1997; Ord. No. 1379-2005, § 3, 6-1-2005; Ord. No. 1531-2009, § 2, 9-23-2009)

(a)

The term "guardhouse" means a structure designed, built or used exclusively for the shelter and on-duty accommodation of persons engaged in the protection, guarding and security of persons and property, so long as same is not utilized as a residence.

(b)

Upon specific approval by the City Council of an application for a building permit to construct a guardhouse within the City and issuance of a building permit therefor, a guardhouse may be constructed within any zoning district in the City.

(c)

Any person or party desiring to construct any guardhouse within the City shall apply to the Building Official for a permit therefor. Such application shall meet all requirements of applications for building permits in the City and shall be accompanied by a building permit fee required by these LDRs for commercial structures.

(d)

Upon receipt of the application, filing fee and Planning and Zoning Commission recommendations, the City Council shall, as soon as practicable, either approve and authorize issuance of the permit or deny the same. In the event the permit is authorized, the Building Official shall issue a permit for such guardhouse.

(e)

No guardhouse shall be utilized until the same has passed all City inspections and received all certificates and permits as provided by the Building Code.

(f)

When any guardhouse has ceased to be used for such purpose, as herein defined, and the same does not meet all setback, square footage, electrical, plumbing and other requirements of these LDRs for issuance of a building permit as a principal use, accessory use or conditional use in the zoning district where such building is located, it shall be removed at the owner's expense unless the City Council shall authorize the continued use thereof as a conditional use.

(g)

If any property owner required to remove a guardhouse under the provisions of Subsection (f) of this section shall fail to do so within 60 days after notice has been given to the owner of such building, the City may remove the same and charge, assess and collect the expenses thereof against the real property upon which the building was located. Such assessment shall be created and be a lien against the property upon which the building was located, subject only to the lien for taxes due the City and the State. Such assessment shall bear interest at the maximum legal rate and shall constitute a lien upon the property from the date of the assessment and shall be collectible in the same manner as liens for taxes and with the same attorney's fees, interest and penalties for default in payment, and under the same provisions as to sale and forfeiture, as apply to other City taxes. Collection of such assessment, with such interest and with a reasonable attorney's fee, may also be made by the City Council by a proceeding in a court of equity to foreclose the lien of the assessment in the manner in which a lien for mortgages is foreclosed under the laws of the State, and it shall be lawful to join in any complaint for foreclosure any one or more lots or parcels of land, by whomever owned, if assessed under the provisions of this section. The property subject to lien may be redeemed by the owner at any time prior to sale by paying the total amount due under such lien including interest, court costs, advertising costs and reasonable attorney's fees.

(h)

Mobile homes or trailers may not be used as a guardhouse.

(LDR 1990, § 80.02)

Every home occupation shall be conducted in such a manner that the operations and activities of the home occupation cannot be seen nor observed by passersby, neighbors or persons outside the residence where such home occupation is being conducted. A home occupation shall not create, cause or produce any byproduct, noise, scene, odor or other effect whatsoever that may be detected by the human senses from outside the residence building where such home occupation is being conducted, or which will in any way detract from the residential character and property value of the area, or adversely affect the health, safety, morals, comfort or welfare of the residents of said area.

(1)

Specific requirements. Home occupations may be conducted when permitted in residential districts under the following provisions:

a.

There shall be no display of goods or advertising visible from any street.

b.

There shall be no customer traffic to or from the premises.

c.

No home occupation shall occupy more than 25 percent of the first floor area of the total area, exclusive of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No more than 25 percent of any other story shall be used for a home occupation.

d.

No home occupation shall be conducted in an accessory building, but must be conducted in the residence of the proprietor.

e.

No person except two members of the immediate family who reside on the premises shall be employed in any home occupation.

f.

No electric motor having greater than one-third horsepower rating shall be used in the conduct of any home occupation, and the total combined rating of such permitted electric motors shall not exceed one horsepower.

g.

All motors and equipment used in the conduct of any home occupation shall be shielded so as not to cause radio or television interference.

h.

Fabrication of articles such as are commonly classified under the terms "arts" and "handicrafts" may be deemed a home occupation; and the operation of a business referral service which does not involve the transfer of any commercial products or tangible personal property at the homesite, nor the storage of same at such site, may be deemed a home occupation, subject to the terms and conditions of these regulations.

i.

Occupations at a homesite may qualify for a home occupation permit if the service rendered does not involve the customer's presence at the homesite at any time (for example, where the service is performed by telephone, fax, computer, or an electronically generated product; actual work is performed at the homesite, and the customer is not present at the homesite at any time before, during or after rendition of the service).

j.

The preparation at a homesite of certain commodities and products (such as clothing items by a seamstress, novelty items by a craftsperson, video editing of video cassettes by a photographer, and computer software design) may qualify for a home occupation permit, provided the preparation of any such commodity or product does not involve the customer's presence at the homesite at any time, and the commodity or product is delivered to the customer or otherwise disposed of at locations other than the homesite.

k.

In-home child care. A residence in which properly licensed child care is provided for children from more than one unrelated family for a period of less than 24 hours a day on more than one day in any one week or for periods longer than three weeks in any calendar year and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under 13 years of age, when on the premises of the in-home child care or on a field trip with children enrolled in the in-home child care, shall be included in the overall capacity of the licensed home.

1.

Specific requirements. An in-home child care, per F.S. § 402.302, shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(i)

A maximum of four children from birth to 12 months of age.

(ii)

A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(iii)

A maximum of six preschool children if all are older than 12 months of age.

(iv)

A maximum of ten children if no more than five are preschool age; and, of those five, no more than two are under 12 months of age.

2.

Local business tax receipt. In addition to the requirements of Subsection (1)k of this section, an in-home child care shall be licensed, operated and subject to enforcement pursuant to F.S. §§ 402.301—402.319, F.A.C. Ch. 65C-20, and any subsequent amendments, except as otherwise provided in this article. An in-home child care not licensed on the effective date of the ordinance from which this section is derived shall have six months to obtain a license. An annual fire inspection is required.

3.

Substitute child care providers. Substitute child care providers shall be subject to the minimum requirements for child care personnel in F.S. § 402.305(2)(a), as may be amended.

4.

Transportation.

(i)

When any vehicle is used to provide transportation, the driver shall have a current State driver's license.

(ii)

The licensee must maintain current insurance coverage on all vehicles used to transport children in care, and documentation thereof.

(iii)

The maximum number of individuals transported in a vehicle may not exceed the manufacturer's designated seating capacity or the number of factory installed seat belts.

(iv)

Each child, when transported, must be in an individual factory-installed seatbelt or Federally approved child safety restraint.

(v)

An adult must remain within sight and sound of children being transported in a vehicle so as to be able to respond to the needs of the children at all times.

(vi)

Prior to transporting children and upon the vehicle's arrival at its destination, the following shall be conducted by the driver of the vehicle used to transport the children:

A.

A log shall be maintained for all children being transported in the vehicle. The log shall be retained for a minimum of six months. The log shall include each child's name, date, time of departure and time of arrival, signature of driver and signature of second staff member to verify driver's log and the fact that all children have left the vehicle.

B.

Upon arrival at the destination, the driver of the vehicle shall:

1.

Mark each child off the log as the child departs the vehicle;

2.

Conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle; and

3.

Sign the log verifying that all children were accounted for and that the visual sweep was conducted.

C.

Smoking is prohibited in all vehicles being used to transport children.

D.

Advertising. All advertisements must include the license number issued by the local child care licensing agency and identify the category of license issued (e.g., child care facility, family day care home, or large family child care home). There shall be no advertising visible from any street.

E.

Outdoor play area requirements. The outdoor play area shall be clean, in good repair, and free from litter, nails, glass, and other hazards.

1.

Outdoor play areas must be free from unsecured bodies of water. All water hazards must be inaccessible to children and enclosed with a fence that is four to six feet high or higher, and the bottom or base of the fence must remain at ground level.

2.

All homes' play activities shall be suitable to each child's age and development. All playground equipment, if provided, shall be securely anchored, unless portable or stationary by design, in good repair, maintained in safe condition, and placed to ensure safe usage by the children.

3.

All playground equipment shall be in the back yard of the family home day care.

4.

Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilience and is maintained to reduce the incidence of injuries to children in the event of falls. Equipment used for climbing must not be placed over or immediately next to hard surfaces not intended for use as surfacing for climbing equipment. All permanent/anchored playground equipment must be placed over a shock absorbing material that is either the unitary or the loose-fill type extending beyond the perimeter of the stationary equipment. Untreated organic materials that support colonization of molds and bacteria shall not be used.

5.

An adult must remain within sight and sound of children within the outdoor play area as to be able to respond to the needs of the children at all times.

(2)

Seasonal temporary neighborhood distributions centers. From November 15, of each year until January 15 of the following year, the City will permit the temporary wholesale distribution of parcels from one household from each neighborhood with the following conditions:

a.

The household selected for the neighborhood parcel distribution must receive written permission from the homeowner's association. Approvals will be continuous, unless complaints are received. Upon receipt of a verified violation of this subsection City Council will determine if new neighborhood permissions will be needed. There shall be no more than one temporary distribution site per homeowner's association (HOA) jurisdiction and said distribution site may extend to other subdivisions with the permission of other HOAs.

b.

The household selected and approved by the homeowner's association, may use their garage area for the temporary storage of parcels to be delivered. The garage should be emptied of all parcels before the end of each business day after parcels are delivered.

c.

Distribution activities may occur Monday through Saturday from 9:00 a.m. to 6:30 p.m.

d.

Those neighborhoods not having a HOA may collect a petition containing names of ten percent of the households in the subdivision in which they are platted.

e.

Neighborhood parcel delivery must be made by only street legal vehicles, properly licensed and insured under the laws of the State. The Police Division, or its designee, shall review and examine the proposed delivery vehicle for compliance.

f.

Each selected and approved neighborhood parcel distribution site shall meet all Rockledge City Code requirements related to businesses and be permitted by the City as a temporary seasonal delivery distribution site, in a residential zoned property, with a fee in an amount set forth in Chapter 124, Fees, for the business tax receipt.

g.

Deliveries of parcels are restricted to the areas in which the selected household has received permission to operate in.

h.

No vehicle used in the operation of temporary neighborhood distribution centers shall cross or travel upon any street having a speed limit greater than 20 miles per hour, unless allowed by State Statutes.

Any verified violation of any of the above noted provisions will result in the immediate revocation of the business tax receipt permit and operations will cease at that time. In addition, the household will be prohibited in applying for temporary wholesale distribution of parcels for the following year.

(3)

Prohibited occupations. The following businesses and occupations are expressly prohibited as home occupations in any residential district:

a.

Barbershops.

b.

Beauty shops.

c.

Public dining facilities, including restaurants, tea rooms and the like.

d.

Antique or gift shops.

e.

Fortune-telling or clairvoyance.

f.

Repair shops, excepting fine watch repair.

g.

Any use involving the use of chemicals or matter of energy that may create or cause to be created noises, noxious odors or hazards dangerous to the public health, safety and welfare.

h.

All retail and wholesale business with on-site point of sale.

i.

All other businesses with customer traffic to and from the premises.

j.

Food processing plants.

k.

Commercial kennels.

l.

Professional, real estate or insurance offices.

(4)

Procedure for obtaining a permit.

a.

Any person desiring to conduct a home occupation in a district where such home occupation is permitted shall apply to the City for a permit therefor. Such application shall be on a form provided by the City and shall include, but not by way of limitation, the following information:

1.

Name of applicant.

2.

Location of residence where the home occupation, if approved, will be conducted.

3.

Total floor area of the first floor of the residence.

4.

Area of room 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.

b.

Submittal of the home occupation conditions, and affidavit of agreement. The affidavit must be signed by the applicant and notarized.

c.

The applicant must petition the City Council, who shall refer the application to the Planning and Zoning Commission for its study and recommendations, and within 15 days after such referral the Planning and Zoning Commission shall report its recommendation pertaining to the application to the City Council in writing. The report of the Planning and Zoning Commission shall state the specific reasons and findings of fact upon which its recommendation is based. As soon as practicable after receipt of the Planning and Zoning Commission's report and recommendation aforesaid, the City Council shall at a regular meeting consider the application for home occupation permit together with the Planning and Zoning Commission's report and recommendation thereon and the City Council shall either deny or authorize the issuance of the permit, and in the event the permit is authorized, the City Manager shall then issue a permit for such home occupation. Written notice of the time and place of the regular meeting at which the City Council will consider the application for such home occupation permit and consider the report and recommendation of the Planning and Zoning Commission shall be given to the owners of all property situated within a radius of 500 feet from the property described in the application for the home occupation permit.

d.

If the application for the home occupation permit purports to be accompanied by the home occupation conditions, and affidavit of agreement, a filing fee in an amount set forth in Chapter 124, Fees shall be paid at the time of filing of the application. If the Building Official determines that the applicant is entitled to administrative issuance of the home occupation permit, no further filing fee shall be required. If the Building Official determines that the application fails to qualify for administrative issuance, the applicant shall be given the option of either withdrawing the application or appealing the Building Official's determination, or proceeding to have the application with the provisions of Subsection (4) of this section. If the application is withdrawn, no part of the filing fee shall be refunded, and said fee shall be retained by the City to defray its administrative costs and expenses. If the applicant elects to either appeal the Building Official's determination, or elects to proceed to have the application heard by the City Council, the filing fee in an amount set forth in Chapter 124, Fees and previously paid by the applicant shall be credited pro tanto as part of the required filing fee for the appeal or proceeding before the City Council.

e.

Any home occupation permit may be revoked by the City Council at any time the City Council determines that the home occupation has become a public nuisance or the holder of the permit has violated any of the restrictions, conditions or requirements imposed upon the holder by the City Council or by any provision of these LDRs.

f.

Restrictions, conditions and requirements applicable to home occupations may be enforced by either proceedings before the Code Enforcement Board, revocation of the home occupation permit by the City Council and the simultaneous revocation of the occupational permit for the home occupation, or by suit for injunctive relief.

g.

If an application for a home occupation permit is denied by the City Council, no application for substantially the same home occupation permit on the same premises shall be accepted or acted upon by the City Council within 12 months from the date of such last denial.

(LDR 1990, § 80.03; Ord. No. 1017-91, §§ 1, 2, 11-20-1991; Ord. No. 1153-97, § 12, 12-17-1997; Ord. No. 1594-2012, § 1, 6-20-2012; Ord. No. 1661-2014, § 1, 11-5-2014; Ord. No. 1794-2020, § 1, 11-18-2020)

Within the districts permitting automobile service stations, the following requirements shall apply:

(1)

Location. The property on which an automobile service station is located shall not be within 150 feet of any residential district or any property containing a school, public playground, church, hospital, public library or institution for children or dependents.

(2)

Site requirements. An automobile service station shall have a minimum frontage on the primary street of 120 feet and a minimum area of 12,000 square feet. All buildings shall be set back 40 feet from all street right-of-way lines and all canopies shall be set back 15 feet from all street right-of-way lines.

(3)

Access to site. Vehicular entrances or exits at an automobile service station:

a.

Shall not be provided with more than two curb cuts for the first 120 feet of street frontage or fraction thereof.

b.

Shall contain an access width along the curbline of the street of not more than 40 feet as measured parallel to the street at its narrowest point and shall not be located closer than 100 feet to a street intersection along an arterial or collector street and no closer than 50 feet to a street intersection on a local street, or closer than ten feet to the adjoining property.

c.

Shall not have any two driveways or curb cuts any closer than 20 feet at both the right-of-way line and the curb or edge of the pavement along a single street.

d.

All gasoline pump islands shall be set back at least 15 feet from the right-of-way lines, or where a future widening line has been established, the setback line shall be at least 60 feet from the centerline of a collector street and 45 feet from the centerline of other streets.

(4)

Limitations. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage or a body shop.

(LDR 1990, § 80.04)

Structures or uses required for public utilities such as gas, water, electric, sewage or telephone can be located within any district upon recommendation of the Planning and Zoning Commission and approval of the City Council.

(LDR 1990, § 80.06)

A permit to use modular units as a temporary office or classroom may be granted by the City Council subject to the following conditions, limitations, regulations and restrictions:

(1)

Approval for temporary office or classroom shall not exceed two years, unless specifically authorized by City Council.

(2)

The use of such structures for temporary office or classroom shall be allowed only as an accessory use in conjunction with an existing principal structure and the use allowed as a principal use or special exception as granted by that particular zoning district.

(3)

The applicant shall submit to the Building Official a site plan showing where the temporary office or classroom will be placed on site. The applicant shall also submit tie down plans and engineering specifications for the structure.

(4)

Such structure must be screened from all adjacent road right-of-way or placed behind the principal structure, away from the road right-of-way. It shall be completely screened by an appropriate shield such as fencing, trees, berm, wall or other device sufficient to prevent the unit or any part thereof from being seen by any person upon any public road, street, alley, easement, highway or thoroughfare. It shall conform to the standards of Section 118-346(4).

(5)

The required parking must be provided pursuant to Chapter 116, Article III.

(6)

Such structures shall be considered commercial in nature and must meet the commercial setback requirements when proposed to be along any residential property lines.

(7)

All sewer connection and tap fees must be paid before receiving a permit; if the temporary unit is removed, the City shall credit any additional building on the property in question, with those fees paid. If the sewer connection fee increases in the future, those additional fees will not be charged to those credited water closets or urinal connections.

(8)

At a minimum, the use must meet the building setback requirements for a principal structure as required in the district in which the facility is located.

(9)

All temporary modular units must be Department of Community Affairs approved and certified based upon the occupancy classification for which they are intended to be used.

(LDR 1990, § 80.06.1; Ord. No. 1144-97, § 29, 8-20-1997)

(a)

Notwithstanding any other provisions of these LDRs, a modular unit or trailer may be used as a temporary construction field office at a development project after obtaining a permit from the Building Division and complying with the requirements stated below. Any such permit shall be for a period of time not to exceed six months from date of issuance of the permit, at the end of which time such permit may be renewed for an additional period not to exceed six months. After a permit has been issued, a trailer or modular unit may be moved from its initially approved location to a new location within the same development project, provided the new location is first approved by the Building Official and the new location of the trailer or modular unit is not within 200 feet of an existing home.

(b)

The following conditions, regulations and restrictions shall apply to any permit issued for use of a modular unit or trailer as a temporary construction field office:

(1)

No outside storage shall be allowed.

(2)

The size of the office shall not exceed 12 feet by 30 feet.

(3)

The temporary field office shall not be placed or maintained within 200 feet of an existing dwelling.

(4)

Only one temporary field office shall be allowed for each contractor actively building on the site or subdivision.

(5)

All temporary field offices shall be removed when 90 percent of the subdivision or building project is completed.

(6)

A renewal permit fee in the amount set forth in Chapter 124, Fees shall be paid when any expired permit is renewed.

(7)

A relocation fee in the amount set forth in Chapter 124, Fees shall be paid with any application for a permit to relocate an existing temporary field office to a new location.

(8)

Temporary field offices shall be separated by a distance of 200 feet.

(9)

A port-o-let toilet facility must be maintained on the project site in accordance with the requirements of these LDRs.

(10)

No temporary construction field office shall be used as a sales office or for sales purposes.

(LDR 1990, § 80.07; Ord. No. 1032-92, § 1, 2-19-1992)

(a)

Any person, firm or corporation may obtain a permit from the Building Official, subject to the conditions, regulations and restrictions set forth in Section 118-754 for the construction and/or use of a temporary trailer or structure to be used as a construction shed and tool house for contractors and construction workers on the site. This temporary trailer or structure shall not be placed or erected on the property prior to the issuance of a development order for the applicable construction project, and shall be immediately removed upon the completion of the construction project or upon the expiration of a period of one year, whichever comes sooner, from the date of issuance of the development order for the project. The Building Official shall have the authority to designate an exact location where the construction trailer or structure shall be located. It shall be a violation of this section for said construction trailer or structure to be located at a place on the property other than that designated or approved by the Building Official.

(b)

No such temporary construction trailer or structure shall be used as a sales office or for sales purposes.

(c)

Construction trailers or structures shall not be used for the purpose of living quarters, and said trailers or structures shall have upon the unit, or attached thereto, an identification sign designating the owner or company and the words "construction office" in full view.

(d)

Temporary living quarters (recreational vehicle or camper) during construction. City council may grant occupation of temporary living quarters at an established residential address once a primary structure has been ruled uninhabitable as determined by the Building Official due only to an act of God or catastrophic occurrences. The applicant for temporary living quarters must comply with the following provisions listed below:

(1)

Permit for temporary living quarters (TLQ) will only be valid for a period of three months, with the potential to extend the permit for an additional three months with the approval of the City Council.

(2)

Permit will only be issued once a building permit for the rehabilitation of the primary structure has been issued.

(3)

TLQ must be connected to address assigned potable water and sewer systems, along with being metered by the electrical utility company with a temporary power pole.

(4)

TLQ must not block any sidewalk or City right-of-way.

(5)

Only one TLQ will be allowed per residential address.

(6)

TLQ must be removed within 48 hours of receiving a certificate of occupancy for the primary structure.

(7)

Once the TLQ has been installed on the property, the Building Official shall, and from time to time during the occupancy of the TLQ, inspect the quarters to ensure all applicable code provisions (electrical, water, etc.) are in compliance at the TLQ. The Building Official shall also inspect to ensure the TLQ remains habitable and complies with minimum health standards.

(8)

Should the temporary quarters fail to pass any Building Official inspection called for in this Subsection (d), the Building Official may cite the owner, setting out the defects and a period of time to bring the TLQ into compliance or, in the Building Officer's sole discretion, recommend to the City Manager that the TLQ be removed.

(9)

The City Manager shall have the authority to direct the immediate removal of any TLQ found in a Building Official's inspection to fail applicable code standards. The notice to remove shall be in writing and delivered to the owner or posted on the TLQ. The City Council may review such notices to remove the TLQ upon written request by the owner delivered to the City Manager, who shall place same on the agenda for the next regular meeting of the City Council.

(10)

Any violation or failure to comply with the provisions of this section shall be enforced by code enforcement procedures.

(LDR 1990, § 80.07.1; Ord. No. 1032-92, § 1, 2-10-1992; Ord. No. 1547-2010, § 1, 5-5-2010)

A permit to use a model home, modular unit, mobile home, or trailer as a temporary sales office for commercial properties and residential subdivisions may be granted by the City Council subject to the following conditions, limitations, regulations, and restrictions:

(1)

Model homes in subdivisions.

a.

No such sales office may be used as living quarters.

b.

No such permit will be granted unless the owner of the property has duly obtained from the City a development order for the ongoing development project for which the sales office is to be used, and is in compliance with all building and development regulations of the City.

c.

Any model home to be used as a temporary sales office shall be built to the standards and regulations of these Land Development Regulations.

d.

Any model home used as a temporary sales office for a subdivision project shall provide one parking space for each ten lots within the subdivision, on an improved surface that is of a pervious nature on site. When the model home is sold, the parking lot area will be restored and resodded.

e.

No permit shall be issued for use of a model home as a temporary sales office until the developer has first obtained a certificate of occupancy for said model home.

f.

Before any model home used as a temporary sales office is sold for residential purposes, the owner or developer of the project will convert the garage, sidewalk and driveway of the model home to match other existing homes within the subdivision and meet all other requirements of these LDRs.

g.

Not more than a maximum of two flags may at any one time be displayed simultaneously on the premises of any model home used as a temporary sales office, and such flags shall contain no advertising or message other than the words "model" or "open house."

h.

The permit for the model home sales office will automatically expire when construction of homes has been completed and certificates of occupancy issued for 90 of the buildable lots in the subdivision.

(2)

Trailers and modular units in subdivisions.

a.

Trailers and modular units utilized as temporary sales offices shall be placed on a lot within the subdivision and meet all setback requirements of the zoning district.

b.

The application for the permit shall be accompanied by a site plan showing where the temporary sales trailer or modular unit will be placed.

c.

The application for the permit will include a description of how and where sanitary facilities will be available to the trailer or modular unit.

d.

A permit for use of a trailer or modular unit as a temporary sales office shall be effective for a period of six months from date of issuance. At expiration of the initial six-month term, a permit may be renewed by the Building Official for an additional term not exceeding six months, provided that at the time of any such renewal the owner or developer must first demonstrate to the City that no residential unit has been constructed within a distance of 200 feet from the temporary sales office, failing which to do no renewal shall be granted unless the temporary sales office is moved to a different location meeting the requirements of these LDRs and which new location is not within 200 feet of any existing residential unit.

e.

The grounds on which the trailer or modular unit is located shall be landscaped. The trailer or modular unit shall be skirted and the wheels on the trailer shall remain affixed at all times.

f.

For each temporary sales trailer or modular unit the owner or developer of the project shall provide one parking space for each ten lots within the subdivision, on an improved surface that is of a pervious nature on-site. When the trailer or modular unit is moved the parking lot area will be restored and sodded.

g.

Not more than one flag may be displayed on the premises of any temporary sales trailer or modular unit, and such flag shall contain no advertising or message other than the words "sales office."

h.

The permit for the temporary sales trailer or modular unit will automatically expire when construction of homes has been completed and certificates of occupancy issued for 90 percent of the buildable lots in the subdivision.

(3)

Trailers, modular units, or mobile homes for commercial projects.

a.

Trailers, modular units or mobile homes utilized for sales office purposes in commercial projects shall be placed on a lot within the project and meet all setback requirements of the zoning district.

b.

The applicant shall submit to the Building Official a site plan showing where the temporary sales trailer, modular unit or mobile home will be placed, and it shall not be placed along any residential property lines.

c.

The application for the permit will describe how and where sanitary facilities will be available to the trailer, modular unit or mobile home.

d.

Temporary sales trailers, modular units, or mobile homes are limited to the time they may stay within a commercial project boundary. The trailer, modular unit or mobile home shall be removed within six months from the date of issuance of the permit; however, the developer may apply to the City Council for a renewal permit for an additional period of time not to exceed six months. After the initial permit is issued, a trailer, modular unit or mobile home may be moved from its original approved location to a new location within the commercial project on only one occasion, provided the new location is first approved in writing by the Building Official and the trailer, modular unit or mobile home remains distanced from residential property.

e.

The trailer or mobile home shall maintain a clean appearance at all times and the wheels shall remain affixed thereto at all times.

f.

Temporary sales trailers, modular units or mobile homes shall have adequate parking on an improved surface that is of a pervious nature on-site. When the trailer, modular unit or mobile home is moved, the parking lot area will be restored in accordance with the original approved site plan.

(LDR 1990, § 80.07.2; Ord. No. 1032-92, § 2, 2-19-1992)

(a)

Sale of alcoholic beverages for consumption on premises is permissible for licensed restaurants, regardless of the distance from a single-family zoning district, church or school board owned facility, and shall not be restricted beyond the provisions of the Administrative Code of the City. Designated outdoor areas that allow the consumption of alcohol must comply with provisions of Subsection (b) of this section.

(b)

The sale of alcohol for consumption on premises (bars and non-restaurant facilities that sell beer, wine, liquor, whiskey, or other alcoholic beverages) shall be prohibited in a building any part of which is located within a radius of 200 feet from any point on any property line of real property in a single-family residential zoning district, or any church, school or school board owned athletic field that is being used for such purposes. Real property used for a church, school, or school board owned athletic facility may waive the provisions of this section in writing. Such waiver shall not prohibit the use of real property for a church, school, or school board owned athletic facility. Once waived by a church, school, or school board owned athletic facility, this section shall not thereafter be reasserted with respect to the same establishment.

(c)

Package stores, grocery stores and convenience markets that sell alcohol for off-site consumption only, regardless of the distance from a single-family zoning district, church or school board owned facilities, shall not be restricted beyond the provisions of the Administrative Code of the City.

(LDR 1990, § 80.08; Ord. No. 1075, § 1, 6-15-1994; Ord. No. 1507-2008, § 1, 10-15-2008)

(a)

Purpose. The purpose of this section is to define and establish appropriate standards allowing for brewpubs, microbreweries, micro-wineries, or micro-distilleries establishments with or without food, retail, entertainment and outdoor amenities.

(b)

Applicability. This section shall apply to regional and large-scale breweries, microbreweries, micro-winery, micro-distillery, and brewpubs. This section does not apply to temporary or special events. Within the redevelopment districts there may be incentives to encourage the development of breweries.

(c)

Standards.

(1)

Brewpub. Brewpubs are businesses where the majority of beer is produced for on-site consumption, and which may also serve food. These are primarily retail commercial uses with a secondary light manufacturing component. While these uses are appropriate in zones that allow commercial uses, the industrial aspects of the business are regulated here to ensure compatibility with neighboring uses. In addition to the development standards a brewpub shall comply with the following:

a.

No more than 50 percent of the total gross floor area of the establishment shall be used for the alcoholic beverage production function, including, but not limited to, the brewhouse or equivalent, boiling and water treatment areas, bottling, canning and kegging lines, milling and storage, fermentation tanks, conditioning tanks and serving tanks.

(2)

Small scale (microbrewery/micro-winery/micro-distillery). Microbreweries/micro-wineries/micro-distilleries are smaller breweries that typically produce beer for off-site distribution, while also serving a percentage of the product for on-site consumption in a restaurant, taproom or tasting room. They are primarily light manufacturing uses with a secondary retail commercial component. While these uses are appropriate in zones that allow commercial uses, the industrial aspects of the business are regulated here to ensure compatibility with neighboring uses. In addition to the development standards, a microbreweries/micro-wineries/micro-distilleries shall comply with the following:

a.

The facility shall produce no more than 15,000 barrels (465,000 U.S. gallons) of beer and/or mead per year (microwinery/meadery), or 15,000 U.S. gallons of spirits per year (microdistillery);

b.

In nonindustrial zoning districts, this use shall be permitted only in conjunction with a restaurant, tasting room or retail sales and service, and shall be subject to the following standards:

1.

No more than 75 percent of the total gross floor space of the establishment shall be used for the alcohol production function, including, but not limited to, the brewhouse or equivalent, boiling and water treatment areas, laboratories, bottling, canning and kegging lines, milling and storage, fermentation tanks, condition tanks and serving tanks;

(3)

Regional and large-scale facilities. Regional and large-scale alcoholic beverage production facilities, which may have a minor taproom component or operate purely as a manufacturing use, are those facilities that produce in any combination more than 15,000 barrels (465,000 US gallons) of beer/cider, 100,000 gallons of wine/mead or 15,000 gallons of spirits per year. Regional and large-scale facilities shall comply with the development standards of the applicable zoning district and applicable general development standards.

(4)

Additional standards. Additional standards applicable to brewpubs and small scale (microbrewerey/micro-winery/micro-distillery) alcoholic beverage production are as follows:

a.

All outdoor mechanical equipment visible from streets, adjacent residential uses or residential zoning districts shall be screened using architectural features consistent with the principal structure;

b.

Access and loading bays facing an adjacent residential use or residential zoning district shall have the doors closed at all times, except during the movement of raw materials, other supplies, and finished products into and out of the building;

c.

No outdoor storage shall be allowed in nonindustrial zoning districts, including the use of portable storage units except as follows: Spent or used grain or other similar natural byproduct of the production process may be stored outdoors for a period of time not to exceed 24 hours. The temporary storage area of spent or used grain shall be:

1.

Designated on the approved site plan;

2.

Permitted within the interior side or rear yard;

3.

Prohibited within any yard abutting a residential use or residential zoning district;

4.

Fully enclosed within a suitable container, secured, and screened behind a six-foot solid, opaque fence or wall.

d.

Outdoor storage shall be allowed in industrial zoning districts by special exception.

(LDR 1990, § 80.08.1; Ord. No. 1781-2020, § 1, 9-9-2020)

(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:

Interior security guard quarters means a one-unit apartment, as defined in these regulations, to be used exclusively as living accommodations for a security guard and the security guard's spouse, if any, which quarters are totally enclosed within the principal building or an accessory building located in either an M1, M2 or IP zoning district, and which quarters and the use thereof meet all of the standards and requirements hereinafter set forth. Interior security guard quarters will be allowed in C2 zoning districts with the approval of a special exception. Property zoned C1 may apply for a special exception, but may only have interior security quarters within an existing principal building on site.

Mobile home used as security guard quarters means a mobile home as defined in Section 101-22.

Security guard means a person whose sole purpose for being upon the premises and quarters is to safeguard and protect the property and personnel of the entity conducting business activities at such location. An owner, tenant or other person having a proprietary interest in the business conducted on said premises, or in property located on said premises, shall be deemed a security guard when occupying security guard quarters in compliance with the provisions of this section.

(b)

Conditions governing placement and uses of security guard quarters. Security guard quarters may be constructed, placed, maintained and occupied as living quarters for a security guard under the following restrictions, regulations, limitations and conditions, all of which must be complied with simultaneously and concurrently at all times:

(1)

The maximum size of security guard quarters shall be 400 square feet of habitable area.

(2)

Said quarters shall meet the minimum requirements of Chapter 16, Article III of the Rockledge City Code and consist of the following: one bedroom, living room, bathroom and kitchen/dining room, and all entrances or exits shall be located within the rear half of the structure.

(3)

Security guard quarters shall conform to all applicable standards, requirements and restrictions of building and housing codes in force and effect in the City, and shall contain kitchen and toilet facilities for the exclusive use of the occupant of said quarters.

(4)

At any given time, said quarters shall not be occupied by more than one security guard and the security guard's spouse, if any, and in no event by more than two persons.

(5)

No person occupying said quarters shall permit anything to exist outside of said quarters and on such premises to indicate or give the appearance of personal residency or habitation on said premises; that is to say, no furniture, furnishings, appliances, fixtures, clothesline, personal garbage container, vehicles or recreational equipment for the personal use of any person occupying said quarters shall be kept or maintained in any yard or exterior portion of any premises where said quarters are located, except two private vehicles for the transportation of the person or persons occupying the quarters.

(6)

Security guard quarters may be constructed, placed and occupied on premises located in M1, M2, or IP zoning districts, or on premises used as a church, recreational facility, or by a governmental agency.

(7)

Not more than one such security guard quarters shall be permitted on any individually owned business site or premises used as a church or recreational facility, or by a government agency.

(c)

Additional conditions governing use of mobile homes as security guard quarters. A mobile home may be placed, maintained and occupied as living quarters for a security guard only on the premises as hereinafter described under the following restrictions, regulations, limitations and conditions, all of which must be complied with simultaneously and concurrently at all times:

(1)

The mobile home shall at all times be connected to either a sewer system or septic tank approved by the County Health Department, shall be connected to a source of potable water and electrical current, and shall meet all State, County, and City health requirements.

(2)

The mobile home shall be so situated on the premises as to comply with all yard setback requirements.

(3)

A cleared, clean, unobstructed grassy yard shall be kept and maintained at all times in the area surrounding the mobile home and extending a distance of not less than ten feet outwardly from each exterior wall of the mobile home.

(4)

When placed upon authorized premises other than property used as a church or recreational facility, or by a government agency, the mobile home shall be completely screened by an appropriate shield such as fencing, trees, berm, wall or other device sufficient to prevent the mobile home or any part thereof from being seen by any person upon any public road, street, alley, easement, highway, or thoroughfare. It shall conform to the standards of Section 118-346(4).

(d)

Permit conditions. No person shall reside in or occupy any security guard quarters unless the owner, landlord, tenant or other person in charge of or in possession of the premises to be guarded is the holder of a valid and unexpired written permit issued by the City permitting such quarters. Before such permit is issued, the Building Official shall inspect the security quarters and ascertain that the provisions of this section have been complied with. No permit for a security guard quarters shall be initially issued unless and until authorized by a majority vote by the City Council. Renewal of permits may be issued by the Building Official, provided all requirements of ordinances of the City are first met and satisfied. When a permit has been issued, it shall be unlawful for any person to make or permit to be made any change in the character of the permitted quarters, so as to render the same in violation of any provision of this section unless the aforesaid permit is first surrendered to the Building Official and invalidated, and the proposed change or modification has been approved by the Building Official as being consistent with ordinances of the City. A permit issued for businesses as aforesaid shall expire on September 30 next following the date of issuance of the permit and shall be paid upon the renewal of the occupational license, all others shall expire of December 31; however, a permit may be renewed but only after the Building Official has first reinspected the premises and determined that all requirements of this section are then being met.

(e)

Regulatory fee. A regulatory fee in the amount set forth in Chapter 124, Fees shall be paid to the City at the time of original issuance, or renewal, of each permit described in Subsection (d) of this section.

(f)

Revocation of permit of occupancy. A permit for occupancy of a security guard quarters may at any time be revoked by the City Council upon a showing that any provision of this section is being violated.

(g)

Penalty for violation and enforcement. Any person who violates any provision of this section shall be deemed guilty of an offense against the City and upon conviction shall be punished as provided in Section 1-8 of the Rockledge City Code; or, in the event a violation of this section is found to exist by a duly constituted Code Enforcement Board, such violation shall be punished as provided in the ordinance establishing said Code Enforcement Board and providing the penalty to be imposed by such Board.

(LDR 1990, § 80.09; Ord. No. 1038-92, § 1, 9-16-1992; Ord. No. 1144-97, § 28, 8-20-1997; Ord. No. 1174-98, § 8, 11-4-1998)

(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:

Borrow pit means any site, area or location from which earth, and, dirt, rock, shell or other material is excavated, and where such excavated material is to be removed from one lot piece, parcel or tract of land for use on another site, regardless of whether it is to be donated, sold, traded or bargained for anything of value.

(b)

Borrow pits prohibited. Borrow pits are prohibited within the City and shall not be permitted even by special exception.

(c)

The prohibition as to borrow pits shall not include any excavation or construction of facilities contained in any site plan or other development order, which is a normal incident thereto, i.e., drainage ditches, retention ponds, etc.

(d)

The subsequent construction or retrofitting of drainage facilities servicing existing improvements to properties or private lakes for recreational or aesthetic purposes only on residentially zoned lots which are greater than one-half acre in size but less than five acres in size, shall be allowed only by special exception. The rebuttable presumption shall exist that the earth removal is a borrow pit which may be overcome by the petitioner through the presentation of evidence to the contrary to the appropriate hearing body. This provision does not apply to the City and its existing or future stormwater, drainage facilities, or other works by the City deemed necessary for its benefit.

(LDR 1990, § 80.10; Ord. No. 1028-92, §§ 1, 2, 2-19-1992; Ord. No. 1274-2002, § 1, 7-3-2002)

(a)

The term "garage sale" means the display of, sale, or offering for sale any type of personal household goods, ware or merchandise at any residential location within the City, whether the garage sale is referred to as carport sale, yard sale, rummage sale or other similar type of sale. All merchandise shall remain on private property until sold.

(b)

A garage sale shall not be carried on for more than three consecutive days and no more than four such sales shall be permitted within one calendar year from any single lot, parcel or tract of land. The said sales must be separated by a minimum of 30 calendar days.

(c)

At the conclusion of such garage sale, all unsold items and articles shall be removed or packed in such a manner so as not to be visible from any public streets or abutting property.

(d)

Posting of garage sale signs shall be in accordance with Section 118-845(6).

(e)

Sales conducted in accordance with this provision of these Land Development Regulations shall be exempt from the requirements of Chapter 6 of the Rockledge Code of Ordinances dealing with business regulation and taxation. Failure to comply with this provision, in full, shall terminate the exemption granted herein.

(LDR 1990, § 80.11; Ord. No. 1541-2010, § 1, 1-20-2010)

(a)

Intent. To encourage the provision of quality housing which is available and affordable to current and future residents of the City. This section is enacted to achieve the goals and objectives of the Comprehensive Plan.

(b)

Uses.

(1)

Principal. No building, structure, land, or water shall be used, in whole or in part, except for one of the following permitted uses:

a.

Single-family detached dwelling.

b.

Community residential home, six or fewer residents, meeting the requirements in Section 118-776.

(2)

Accessory. The following uses may be used in conjunction with one or more of the principal uses:

a.

Garages and spaces for parking automobiles.

b.

Swimming pools.

c.

Ordinary public utility uses and rights-of-way.

(3)

Prohibited. The following uses are specifically prohibited:

a.

Commercial pursuits.

b.

Mobile homes.

c.

Retail, wholesale or manufacturing establishments.

d.

Keeping and/or maintaining farm animals and/or fowl.

e.

Restaurants.

f.

Child care centers.

(c)

Lot requirements.

(1)

Area. The minimum acreage needed to subdivide is five acres.

(2)

Lot size. The minimum lot size required is 4,000 square feet, except corner lots shall be 5,000 square feet.

(3)

Width. The minimum lot width required is 50 feet.

(4)

Depth. The minimum lot depth required is 50 feet.

(d)

Setback requirements.

(1)

Front. The front yard building setback line for each lot in the subdivision is 20 feet.

(2)

Rear. The rear yard building setback line for each lot in the subdivision is 15 feet.

(3)

Side. The sum of the setbacks of the two side yard lines shall be no less than a combined total of 15 feet. No structure shall be closer than 15 feet to another primary structure.

(4)

Corner lots. The front yard building setback line is 20 feet from the front street right-of-way line; and the building setback line for the side yard fronting on the side street is 20 feet from the side street right-of-way line.

(5)

Accessory buildings. Accessory buildings shall be located to the rear of the principal building and shall be set back no less than five feet from the side and rear lot lines, but in no case within the setbacks from the side street. A detached accessory building shall not be closer than ten feet to the principal building on the same lot.

(6)

Measurement. The exterior wall of a house, or the wall or roof vertical support of an addition, shall be considered the building line when measuring.

(e)

Building requirements.

(1)

Lot coverage. The maximum allowable lot coverage is 50 percent of the land that may be covered by the principal and accessory buildings or structures, excluding driveways and concrete slab located thereon. A maximum of 20 percent coverage is allowed for driveways and concrete slabs.

(2)

Area. The minimum living area is 1,200 square feet.

(3)

Height. The maximum height of building structures shall be no more than 25 feet, subject to Section 118-6.

(4)

Density. The maximum density is eight dwelling units per acre. Lower densities may be applicable to other districts, if allowable.

(f)

Special requirements.

(1)

Landscaping. Landscaping shall be in accordance with the rules and regulations set forth in Chapter 108, Article II, Division 6.

(2)

Required garage and parking spaces. Each dwelling unit shall be constructed with at least a one car enclosed garage, and provisions for two paved additional off-street parking places on site.

(3)

Approval required. Site plan approval is required in accordance with the rules and regulations set forth in Chapter 116.

(4)

Plat. Before any building permit is issued for construction of a single-family dwelling, a subdivision plat of the land upon which the single-family dwellings are to be located shall be duly recorded in the public records of the County. All provisions under Chapter 122 shall be followed except as otherwise provided in this section.

(5)

Porches.

a.

Screened porch. A covered room, portico, piazza, veranda, or structure attached to a main dwelling at least two exterior walls or sides of which porches are constructed principally of screen or mesh material pervious to air. A screened porch is characterized by the fact that at least two of its sides consist primarily of broad expanses of uncovered screen material through which air circulates freely and visibility is not significantly impeded.

b.

Front porch. Front porches may be extended ten feet into the required front setback area in all residential zoning categories, except mobile home. Porch style shall match the existing architectural style of the principal structure.

c.

Required space for rear porch. Unless the site plan submitted with an application for a building permit for a dwelling discloses and provides for a rear screened porch having at least 200 square feet of floor area to be constructed at the time of construction of the main dwelling, the site plan shall demonstrate reservation of a sufficient open area of land between the rear wall of the dwelling and the 25-foot rear setback line applicable to rear screened porches as space available for possible future construction or enlargement of a rear screened porch which would upon completion have at least 200 square feet of floor area. The minimum width and depth of a porch shall be no less than eight feet.

(6)

Reduced roadway requirements. The right-of-way for roadways may be reduced by up to 20 percent with permission of the City Manager; however, easements must be maintained on each side for the construction of sidewalks and for utility usage. All changes require the approval of the public works director and must follow proper engineering design.

(7)

Conditions for mixed uses. When a subdivision qualifying for this use includes types of uses which are mixed with other different types of allowable uses within the subdivision, the following conditions shall be enforced:

a.

Each separate allowable use shall be developed in minimum pod sizes of 2.5 gross acres.

b.

Each use POD shall face a like use POD, fronting along road rights-of-way (i.e., townhouse use will face townhouse use, medium density use will face a medium density use, etc.). See illustration.

(g)

Gross acres drainage and roadway areas. Gross acres may include drainage and roadway areas and shall be clearly shown on the submitted site plan.

(h)

Subdivision chapter requirements. Each separate use POD and/or the entire acreage involved will satisfy all the requirements of Chapter 122.

(LDR 1990, § 80.20; Ord. No. 995-91, §§ 1—3, 4-17-1991; Ord. No. 1333-2003, § 1, 12-17-2003; Ord. No. 1530-2009, § 3, 9-23-2009; Ord. No. 1794-2020, § 1, 11-18-2020)

(a)

The rear setback in all residential categories which abut at their rear surface water retention area easements or conservation easements or golf courses shall be:

(b)

Lot coverage shall be according to the zoning district requirements and shall be noted on all site plans. Front setback requirements are not affected.

(LDR 1990, § 80.21; Ord. No. 1334-2003, § 1, 12-17-2003; Ord. No. 1362-2004, § 1, 12-1-2004)

(a)

An outdoor eating area is that area adjacent to and in conjunction with a licensed restaurant establishment whose principal use and function is the preparation and serving of food and beverage. The outdoor eating area shall have direct access to the facility.

(b)

The applicant shall submit a site plan showing the layout of the facility, parking spaces, driveways, and the proposed outdoor eating area. The site plan shall show the type, color, and materials of all tables, chairs, umbrellas, trash receptacles and other amenities to be used in the outdoor eating area. The applicant shall comply with the following criteria:

(1)

Outdoor food services will terminate no later than 10:00 p.m. on weekdays (Monday through Thursday) and 11:00 p.m. on weekends (Friday, Saturday and Sunday).

(2)

A three-foot masonry street wall or other barrier in keeping with the need for safety shall be erected along the front setback area and adjacent to all required parking areas. The street wall shall be construction in the style of the principal structure.

(3)

The number of total seats, either inside or outside, shall be determined by the approved occupational license of the establishment. The outside seating shall not impact the number of parking spaces required by code.

(4)

No outdoor eating area shall be closer than the front setback line of the principal structure unless approved by City Council during the approval process.

(5)

Outdoor sound systems are not permitted unless the system is in compliance with the City's performance standards.

(6)

Lighting shall be installed at restaurants which have outdoor eating after sunset in the street wall or other barrier area and directed towards the outdoor eating area. No direct light shall be visible from adjacent property.

(c)

After review of the foregoing by the Building Division and a finding that the plans are in compliance a permit shall be issued.

(LDR 1990, § 80.25; Ord. No. 1186-99, § 12, 7-21-1999; Ord. No. 1298-2002, § 1, 12-18-2002)

(a)

Purpose and intent. The purpose and intent of this section is to implement the local exemption established by F.S. § 509.233 by permitting public food service establishments within the City, subject to the terms and contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State Department of Business and Professional Regulation Division of Hotels and Restaurants, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments.

(b)

Program created. Pursuant to F.S. § 509.233, there is hereby created in the City a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State Department of Business and Professional Regulation Division of Hotels and Restaurants, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments, which exemption procedure may be known as the City dog-friendly dining program.

(c)

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:

City planner means the City official responsible for the administration and enforcement of the provisions of this section.

Designated dog-friendly dining area means an outdoor area of a public food service establishment that has been designated as an area within which patrons' dogs are permitted, subject to the terms of this article.

Division means the division of hotels and restaurants of the State Department of Business and Professional Regulation.

Dog means an animal of the subspecies Canis lupus familiaris.

Patron has the meaning given to "guest" by F.S. § 509.013.

Public food service establishment means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure, where food is prepared, served, or sold for immediate consumption on or in the vicinity of the promises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.

(d)

Permit required; submittals.

(1)

No dog shall be permitted at a public food service establishment unless such public food service establishment possesses a valid permit issued in accordance with this section.

(2)

Applications for a permit under this article shall be made to the City Planner, on a form provided for such purpose by the City Planner and shall include:

a.

The name, location, and mailing address of the subject public food service establishment;

b.

The name, mailing location, and telephone contact information of the permit applicant;

c.

A diagram and description of the designated dog-friendly dining area which shall be accurate and to scale but need not be prepared by a licensed design professional;

d.

Dimensions of the designated area;

e.

A depiction of the number and placement of tables, chairs, and restaurant equipment, if any;

f.

The entryways and exits to the designated outdoor area;

g.

The boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs;

h.

Any fences or other barriers surrounding property lines and public rights-of-way, including sidewalks and common pathways;

i.

Such other information reasonably required by the City Planner;

j.

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated dog-friendly dining area;

k.

The procedures for dog waste control;

l.

The appropriate division issued license number for the subject public food service establishment;

m.

A copy of the certificate demonstrating current liability insurance consistent with the requirements of this section;

n.

An application fee in an amount set forth in Chapter 124, Fees.

(e)

General regulations and enforcement. In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233, all permits issued pursuant to this article are subject to the following requirements:

(1)

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

(2)

Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

(3)

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

(4)

The number of patrons' dogs permitted within the designated dog-friendly dining area shall be limited to up to two dogs per table.

(5)

Patrons shall keep their dogs on a maximum of six feet of leash at all times and shall keep their dogs under reasonable control.

(6)

Dogs shall not be allowed on chairs, tables, or other furnishings.

(7)

All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons.

(8)

Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

(9)

All dogs shall wear a current license tag and rabies tag and/or the patron shall have a current license certificate and rabies certificate or any combination of the two certificates immediately available upon request.

(10)

At least one sign reminding employees of the applicable rules contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the City Planner, shall be posted as follows:

a.

In a conspicuous location frequented by employees within the public food service establishment.

b.

In a conspicuous location within the designated dog-friendly dining area.

c.

At the entrance of the designated dog-friendly dining area.

(11)

The mandatory sign shall be not less than 8½ inches in width and 11 inches in height and printed in easily legible typeface of not less than 20 point font size.

(12)

Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated dog-friendly dining area shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment. No more than 90 percent of the outside dining area shall be designated as a dog-friendly dining area.

(13)

The City planner shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this article.

(f)

Complaints and reporting.

(1)

In accordance with F.S. § 509.233, the City planner shall accept and document complaints related to the dog-friendly dining establishment within the City and shall timely report to the division and the City Manager all such complaints and the City's enforcement response to such complaint.

(2)

Any public food service establishment that fails to comply with the requirements of this article shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the Rockledge City Code and general law. Each day a violation exists shall constitute a distinct and separate offense.

(g)

Insurance and liability.

(1)

Prior to the issuance of a permit, the applicant shall submit to the City Manager a signed instrument agreeing to indemnify and hold harmless the City and its councilmembers, officers, employees and attorneys. The signed instrument shall be in a form acceptable to the City Attorney and City Manager, but, at a minimum, the instrument shall state the applicant will indemnify and hold the City harmless against liability, including court costs and reasonable attorney's fees, through all appellate proceedings, for any and all claims for damage to property or injury to, or death of, persons arising out of or resulting from the issuance of the permit.

(2)

Any person issued a permit shall furnish proof of insurance of the types and amounts set forth below:

a.

Minimum insurance policy limits.

1.

Any person issued a permit shall maintain commercial general liability insurance covering the designated dog-friendly dining area with a minimum per occurrence limit of not less than $1,000,000.00 and with a deductible amount not more than $1,000.00. The City shall be named as an additional insured on the commercial general liability insurance policy, at the City's request.

2.

Any person issued a permit and involved in the sale or furnishing of alcoholic beverages shall also maintain liquor liability insurance covering the designated dog-friendly dining area with a minimum per occurrence limit of not less than $1,000,000.00 and with a deductible amount not more than $1,000.00. The City shall be named as an additional insured on the liquor liability insurance policy, at the City's request.

b.

Proof of insurance. The required insurance coverage shall be obtained by the applicant at the applicant's sole expense. The applicant shall submit proof of insurance in the form of a certificate of insurance and copies of the actual policy endorsements naming the City as an additional insured and providing for not less than 30 days written notice of cancellation, expiration or termination of any insurance coverage provided herein.

(h)

Issuance. Permits issued pursuant to this section shall be subject to the following:

(1)

The permit shall not be transferable. A permit issued pursuant to this section shall expire automatically upon the sale, lease, or transfer of a public food service establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if such owner wishes to continue to accommodate patrons' dogs.

(2)

The permit shall expire on September 30 of each year, with any required annual renewal fee being due and payable on or before September 30 of the prior year, concurrent with payment of a business tax receipt.

(3)

The permit may be subject to suspension by the City Manager during special or community events. Nothing contained in this article shall be construed as allowing a permittee to maintain and operate a designated dog-friendly dining area during special or community events. If suspended, the City Manager may require the temporary removal or discontinuance of all or part of the designated dog-friendly dining area. The permittee shall not be entitled to a refund or abatement of the annual permit fee for such suspension of the permit.

(4)

The City Manager may require the temporary removal or discontinuance of a designated dog-friendly dining area when street, sidewalk, or utility repairs necessitate such action. The permittee shall not be entitled to a refund or abatement of the annual permit fee for such temporary removal of a designated dog-friendly dining area.

(5)

The Utilities Department, the Police Division, and the Fire Division may immediately remove or relocate all or part of the designated dog-friendly dining area in emergency situations. The City and its officers or employees shall not be responsible for damages or loss of profits to a designated dog-friendly dining area relocated or discontinued during an emergency.

(6)

The permit shall be specifically limited to the designated dog-friendly dining area shown on the exhibit attached to and made part of the permit.

(7)

The permittee shall, at all times, operate and maintain its designated dog-friendly dining area in a manner so as not to interfere with pedestrians or limit their free, unobstructed passage.

(8)

Tables, chairs, benches and other objects of the designated dog-friendly dining area may be removed by the City and a reasonable fee charged for the labor, transportation and storage should the permittee fail to remove said items within 36 hours of receipt of the City Manager's final notice to do so for any reason provided under this article.

(i)

Denial, revocation, or suspension of permit.

(1)

Without any limitation whatsoever on the City's police powers, the City Manager shall have the authority to immediately suspend or revoke a permit issued pursuant to this section under the following circumstances:

a.

Permittee's business or health permit required by law has been suspended, revoked or cancelled.

b.

Permittee does not have the requisite insurance required by this section.

c.

Changing conditions of pedestrian or vehicular traffic cause congestion, necessitating removal of the designated dog-friendly dining area. Such decision shall be based upon findings of the City Manager that the minimum pedestrian path is insufficient under existing circumstances and the dog-friendly dining area represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic.

d.

Permittee has received three notices of violation of this article within the permitted year.

e.

Permittee failed to correct a violation of this article or condition of the permit within three days of receipt of the City Manager's written notice of the same.

f.

Permittee provided false or misleading information on the application which was material to the approval of the permit.

(2)

Upon suspension or revocation, the City Manager shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof.

(j)

Appeals.

(1)

Permittees may appeal a suspension or revocation. Such appeal shall be taken by filing with the City Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive.

(2)

The filing of a notice of appeal by a permittee shall not stay an order of the City Manager to remove or discontinue a designated dog-friendly dining area or parts thereof. The designated dog-friendly dining area or parts thereof shall be removed or discontinued as required by the City Manager pending disposition of the appeal and final decision of the City Council.

(LDR 1990, § 80.26; Ord. No. 1780-2020, § 1, 9-9-2020)

New and used motor vehicle, boat, agricultural equipment and mobile home sales or rentals with accessory services shall be subject to the following requirements, where allowed by Code:

(1)

All outside areas where merchandise is displayed shall be paved.

(2)

All servicing and repair facilities, except gasoline pumps shall be located in an enclosed structure.

(3)

There shall be no storage of junked or wrecked vehicles other than temporary storage for those awaiting repair. Such temporary storage areas shall be in an enclosed area and the vehicles shall not be visible from outside the property.

(4)

Ingress and egress points shall be placed so as to cause minimum interference with the movement of pedestrian traffic on public sidewalks.

(5)

All other provisions of these Land Development Regulations shall apply before the issuance of an occupational license.

(6)

All new and used motor vehicle, boat, agricultural equipment and mobile home sales or rentals with accessory services must have a frontage of 150 feet on a paved street.

(LDR 1990, § 80.30; Ord. No. 1186-99, § 12, 7-21-1999; Ord. No. 1211-2000, § 7, 4-5-2000)

Arbors, trellises and like garden amenities are excluded from the rules governing accessory structures in all residentially zoned areas. Such uses shall be allowed within all residentially zoned areas subject to the following:

(1)

No arbors, trellises or amenities shall be constructed, placed or maintained within the sight triangle of corner lots;

(2)

No arbors, trellises or garden amenities shall be constructed, placed or maintained within ten feet of any road right-of-way;

(3)

No arbors, trellises or garden amenities shall exceed 50 square feet in area or ten feet in height;

(4)

Arbors, trellises and garden amenities must be open on at least three sides. Sides may be covered with lattice work or similar material.

(LDR 1990, § 80.40; Ord. No. 1441-2007, § 1, 3-21-2007)

(a)

Donation collection bins generally. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintain a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district unless it is enclosed within a building, or except as provided in this section.

(1)

The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a 501(c)(3) USC not-for-profit organization under the laws of the State for a charitable purpose and which has been declared exempt from the payment of Federal income taxes by the United States Internal Revenue Service.

(2)

The monetary proceeds resulting from the donations collected at said donation collection bins must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of the City/County or outside of the City/County to provide emergency relief for victims of natural, manmade or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor or agent of said not-for-profit organization; provided, however, that this subsection shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of the same to victims of the disaster.

(b)

Criteria for collection bins. Donation collection bins must comply with the following criteria: For each donation collection bin said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Building Official in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions:

(1)

The donation collection bins shall be buffered from view from any location off of the property of said charity and shall not be closer than 20 feet from any right-of-way line and ten feet from any other property line. Each donation collection bin shall require a no fee permit from the Building Official prior to placement on the property. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of seven feet. Donation collection bins must be shown on site plans and require an administrative site plan review. Said bins shall not be required to comply with the windborne debris impact standards of the Florida Building Code. Electrical connections to the bins shall be prohibited;

(2)

No more than one such donation collection bin may be located on such site of one acre or less; for properties over one acre, no more than one bin per acre up to a maximum of five bins per site;

(3)

Permanently placed donation collection bins. A permanently placed donation collection bin shall hereby be defined as a bin that will be located on the principal property of that business. Permanently placed bins shall be permanently affixed to the property and shall have been approved by the Building Official as meeting the requirements for wind resistance established by the Florida Building Code;

(4)

Temporarily placed donation collection bins. A temporarily placed donation collection bin shall hereby be defined as a bin that will be located on a commercial piece of property that is not the principal location of the business soliciting donations.

a.

Such donation collection bin must have wheels affixed to the bottom of the bin or be readily transportable;

b.

When located outdoors, such collection bin shall be tied down to the land upon which it is located;

c.

Such collection bin shall be secured indoors for the duration of the following National Weather Service Advisories, Watches, and Warnings for Rockledge/Brevard County: wind advisory; severe thunderstorm watch; high wind watch; tornado watch; high wind warning; severe thunderstorm warning; tornado warning; tropical storm warning; hurricane watch; and hurricane warning; and

d.

For each such bin, said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Building Official in connection with the issuance of the temporary permit. Said declaration of use shall specify compliance with the foregoing conditions. Application will require the submittal of the lease or letter of authorization from the property owner. The temporary permit shall specify the duration of the use. Notwithstanding any ordinance, resolution, or administrative order to the contrary, no fee shall be charged for the issuance of a certificate of use for a temporarily placed collection donation bin;

(5)

Such collection bin shall be maintained in a safe, clean, neat, and presentable manner, free of graffiti, and shall be in a usable condition at all times;

(6)

No major repairs or overhaul work on such collection bin shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances);

(7)

Such collection bin shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines;

(8)

Such collection bin shall display prominently the name of and contact information for the organization responsible for the bin. Each receptacle shall display a permanent sign on each side of the receptacle. The information on the sign must be printed in letters that are at least three inches in height and no less than one-half inch in width, in a color that contrasts with the color of the receptacle.

a.

For receptacles used by a charity required to register under F.S. Ch. 496, the sign must provide the name, address, telephone number, and registration number of the charity.

b.

For receptacles placed by an organization not required to register under F.S. Ch. 496, or by a person not claiming an exemption pursuant to F.S. § 496.406, the sign must include the name, telephone number, and address of the business and the statement:

"This is not a charity. Donations made here support a for-profit business and are not tax deductible."

(9)

Bins must be placed on an improved surface. If being placed in a parking place, a waiver from the parking board or the CRA subcommittee must be obtained for the reduction of parking.

(c)

Enforcement. The Building Official shall designate an Enforcement Officer who shall be responsible for the enforcement of this article.

(1)

Notification. Whenever the Enforcement Officer ascertains that an illegal donation collection bin is present on any property within corporate limits of the City, the officer shall cause a notice to be placed on such bin in substantially the following form:

NOTICE

This donation collection bin is unlawfully upon property known as (setting forth brief description of location) and must be removed within 72 hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of City.

Dated this: (setting forth the date, time of posting of the notice)

Signed: (setting forth name, with the address and telephone number of the Enforcement Officer).

Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(2)

Removal of donation collection bin. If, at the end of 72 hours after posting of such notice, the donation collection bin has not been removed from the property, the Enforcement Officer shall cause the bin to be removed. In an emergency event of a natural disaster, the City may remove and store the bins at the owner's expense.

(3)

Assistance of City Police Division. If the Enforcement Officer is unable to successfully remove a donation collection bin subject to seizure under this section, the Enforcement Officer or the Enforcement Officer's designated representatives may secure the assistance of the City Police Division to effect the removal of said bin.

(4)

Obstructing an Enforcement Officer in the performance of duties. Whoever opposes, obstructs or resists the Enforcement Officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law.

(5)

Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in Subsection (c)(2) of this section, it shall be destroyed by order of City. The contents of the bin may be destroyed or donated to charity.

(6)

Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation collection bin. The Enforcement Officer may institute a suit to recover such expenses against the bin owner.

(7)

Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner of the property on which the bin is maintained shall be responsible for compliance with this chapter.

(LDR 1990, § 81.20; Ord. No. 1652-2014, § 1, 9-3-2014)

(a)

General requirements.

(1)

No owner or occupant of any property or any other person shall erect, construct or install any fence or wall within the City without first obtaining a permit therefore from the Building Official.

(2)

Prior to the issuance of any permit for the erection, construction or installation of any fence or wall within the City, the Building Official shall first approve the type, design and location of the proposed fence or wall to be erected.

(3)

The use of barbed wire or strands of barbed wire and electrified fences are prohibited in all residential zoning districts unless provided for elsewhere in these regulations.

(4)

The outside (the side nearest and facing abutting property) of any fence shall be the finished side of such fence except when the fence is erected and located within three feet from a required masonry wall separating commercially zoned property from residentially zoned property, in which exceptional event the fence shall not be required to be finished on the outside at such places where the outside of the fence cannot be seen by the public from public property.

(b)

Height.

(1)

No owner, occupant, or other person, or party whosoever shall erect, keep, or maintain in existence any fence, wall or structure, nor plant, keep, or maintain any hedge, bush, or shrubbery, in any front yard between the building setback line applicable to such front yard and the right-of-way line of the street upon which the property fronts, nor in any side yard of a corner lot between the building setback line applicable to lot fronting on the side street, and the right-of-way line of the side street, except as follows:

a.

Residentially zoned properties: (I, II, IV, V).

b.

Commercially and professionally zoned properties: (I, II).

c.

Manufacturing and industrially zoned properties: (I, III).

1.

Opaque walls, fences, structures, shrubbery, hedges and bushes, three feet in height or less.

2.

Four-foot high fence with no more than 40 percent opaqueness.

3.

Chain-link security fence, six feet in height.

4.

Subdivision buffer walls/fences designed and approved in accordance with Section 118-770.

5.

Hedges maintained and kept within three feet of a side lot line may be extended into the front yard area at a height up to six feet, provided the following conditions are met:

(i)

The side lot line must abut another side line or rear lot line and be at least ten feet from any driveway;

(ii)

Hedges must be set back from any sidewalk or front property line by one foot; and

(iii)

A clear zone of 15 feet is maintained from the back of the curb or paved roadway to any part of the hedge over three feet in height, in the front setback area.

(2)

No fence or wall exceeding six feet in height shall be erected, constructed, installed or maintained in the City, except as may be permitted under the provisions of Subsection (b)(3) of this section.

(3)

Upon specific application therefor, and showing of good cause, the City Council may authorize the City Manager or the City Manager's representative to issue a permit in writing for the erection, construction, installation or maintenance of a fence exceeding the height limitation established by Subsection (b)(2) of this section.

(c)

Corner lots, side fences.

(1)

Any corner lot (which is a lot adjacent to the intersection of two public streets, both having minimum right-of-way of 50 feet), with at least 40 feet of frontage on the street side where the fence is to be erected, can request a fence permit from the Building Division, which after making a determination that there is no obstruction to the sight triangle, may allow a fence set back ten feet from the property line that complies with fence height requirements.

(2)

In the event the subject lot is a corner lot without a key lot adjoining at the rear, and is a corner lot having a rear property line in common with the rear line of another corner lot, then the required side-corner setback distance may be reduced to five feet, however, only along the common side-corner yard setback line.

(d)

Maintenance.

(1)

No owner of any lot, tract or parcel of land lying within the corporate limits of the City shall permit any fence located on their property to become dilapidated, structurally unsound or otherwise to become in nonconformance with the provisions of this section.

(2)

At any point when a fence or wall is missing boards or materials of which it was built, leaning beyond 12 inches from the vertical or no longer serves the function for which it was permitted, it shall be considered dilapidated and structurally unsound.

(3)

No owner or occupant of property whereon a fence, wall or structure is situated within an area as described in Subsection (b)(1) of this section shall cause, permit or allow the clear visibility through all portions of such fence, wall or structure which exceeds three feet in height, if any, to be or become obstructed by vines, leaves, flowers, debris or other objects or materials.

(e)

Preexisting nonconforming fences. Any preexisting nonconforming fence, wall or structure lawfully in existence on the effective date of the ordinance from which this section is derived shall be exempt from the provisions hereof, provided that no such preexisting nonconforming fence, wall or structure shall hereafter be extended in further violation hereof; and provided, further, that any replacement thereof shall be in compliance with the provisions of this section, unless the property owner has obtained a waiver at the discretion of the City Manager or the City Manager's designee, and it can be shown that public traffic, bicycle and pedestrian safety can be adequately addressed, as established in these LDRs.

(f)

Visibility.

(1)

No owner, occupant or other person in possession or control of private property adjacent to a street intersection shall cause, permit, or allow to continue any obstruction to the clear view of such intersection in violation of the provisions of Section 120-50. Obstruction includes, but is not limited to, fences, landscaping, bushes, shrubbery, hedges, plantings or structures.

(2)

Visibility through a fence in accordance with Subsection (d)(3) of this section must be maintained.

(g)

Prohibited locations. No owner, occupant, or other person or party whosoever shall erect, keep, or maintain in existence any wall or structure, nor plant, keep or maintain any hedge, bush or shrubbery in any drainage maintenance access easement or tract, except as provided for in Section 116-108(1).

(LDR 1990, § 81.30; Ord. No. 1532-2009, § 1, 9-23-2009)

(a)

Generally. The applicant may construct a subdivision sign and buffer wall in conjunction with the development of a subdivision, provided such construction is in accordance with these regulations.

(1)

Subdivision developments. Street graphics of a permanent nature, designed only to identify a subdivision development and including accessory entrance structural features, and buffer walls may be erected upon application to and approval by the Planning and Zoning Commission and in accordance with the following regulations:

a.

Permanent identification graphics and structures shall be permitted only for a total development as approved in a final plat. When considering such graphics, the Planning and Zoning Commission shall consider the location of public utilities, sidewalks and future street widenings.

b.

Graphics and entrance structures shall be for identification purposes only, giving only the name of the subdivision. Graphic signs for commercial and industrial subdivisions, are allowed to have up to 96 square feet, of which up to 32 square feet may be used for identification purposes of the subdivision name, the remaining area may be used to identify the name and location of each occupant located therein, no one occupant identification individual sign area may exceed six square feet.

c.

Only one identification graphic and structure will be permitted at one entrance into such development or subdivision from each abutting street. Such graphic may be a single graphic with two faces equal in size or may be two single-faced structures equal in size located on each side of such entrance way. Each signage face of such subdivision development graphics shall not exceed 32 square feet for residential and 96 square feet for commercial and industrial in size.

d.

Such street graphics shall be illuminated with a shielded steady light, but not animated.

(b)

Conditions.

(1)

No subdivision sign or buffer wall shall be constructed which interferes with the line of sight of motorists approaching, entering or exiting a subdivision. No sign or buffer wall can be constructed within a sight distance triangle as defined in Section 120-50.

(2)

A buffer wall, along and adjacent to rights-of-way where a through lot would be created is required to be constructed and shall be built on private property along the entire frontage of the subdivision adjacent to the highway or arterial road. The wall shall not exceed six feet in height and shall be designed and sealed by an engineer registered in the State.

(3)

All buffer walls and subdivision signs and supports thereof shall be constructed of essentially maintenance-free materials and shall not be constructed of wood or wood derivatives. All such walls, fences and signs shall be constructed in accordance with building and construction standards and codes. The Building Division shall approve the location, size and materials of all buffer walls and subdivision signs. The plans for such walls, fences and signs shall be submitted to the Building Division at the time the plans for other subdivision improvements are submitted. The subdivision sign and buffer wall specifications and drawings must be submitted and approved by the building department and Planning and Zoning Commission before final plat approval. No freestanding sign shall be higher than ten feet in height. Subdivision signs which are part of a buffer wall shall not exceed eight feet in height.

(LDR 1990, § 81.31; Ord. No. 1120-96, § 35, 8-14-1996; Ord. No. 1144-97, § 30A, 8-20-1997)

(a)

When a lot or parcel in a commercial, professional, manufacturing or industrial district is being developed and abuts residentially zoned property, either to a side or to the rear, there shall be a solid opaque wall, a minimum of six feet in height, built and maintained along the nonresidential property line of abutment, except if modified by the Planning and Zoning Commission and City Council, and shall be constructed in such a manner that there is no visibility through the wall on a horizontal plane. It shall be constructed of essentially maintenance-free materials and shall not be constructed of any wood or wood derivative product. Each wall shall be constructed as to present a finished appearance (i.e., block walls shall be stuccoed and overlaid with a fungus resistant paint; concrete walls will be overlaid with a fungus resistant paint and be in a neutral color approved by the Building Official; brick walls will have all mortar joints struck). Construction of such walls shall conform to the standards of the Florida Building Code. The wall shall run the entire length of the line of abutment except that a wall running along a side line shall be constructed three feet in height from the front yard setback point of the abutting residential district to the street or end of nonresidential line of abutment. The wall shall be constructed on the nonresidential property and the height of the wall shall be measured from the finished ground level of the nonresidential property or abutting residential property, whichever is the highest elevation. Additional conditions and regulations may be found in each individual zoning district.

(b)

When a buffer wall is required between unlike land uses as determined by code and a new development is being proposed next to an existing development, a height compatibility slope shall be established between the two uses.

(1)

Establishment of a mean height on the existing development directly adjacent to any new development. The developer of any new project shall calculate the mean height of all adjacent developed properties using the roof tops as the highest point. This calculation shall only be used where the code calls for increased buffering ("H" is established).

(2)

The top height of the buffer wall in relationship to the project through the site plan review process shall be established, this will determine the buffer wall height ("W" is established).

(3)

The required separation distance between property line and structure setback shall be determined for the new development ("S" is established).

(4)

Compatibility height slope shall be established using the following method. From the property line, "S" point shall be established from that point an imaginary height point shall be established using "H," creating (H-1). A height slope line shall be established by running a line from W to H-1. The new development height of any structure shall encroach above this established line.

(LDR 1990, § 81.35; Ord. No. 1144-97, § 31, 8-20-1997; Ord. No. 1299-2002, § 1, 11-20-2002)

(a)

Enclosed storage spaces/open storage yards are areas that are entirely enclosed within a continuous nontransparent, opaque wall and gates. Said enclosure and gates shall be constructed of essentially maintenance-free materials and shall not be constructed of any wood or wood derivative product and must be a uniform height of six feet. Any gate in the enclosure shall also be nontransparent and six feet in height and be kept closed at all times except when ingress and egress is being made to or from the storage space. No materials, equipment, supplies or other form of tangible personal property shall at any time be placed, stored or kept within the storage space so as to exceed the height of the wall constituting the enclosure, or so as to be visible to persons and members of the public who may walk, or travel in motor vehicles, adjacent to the enclosure. Additional restrictions may be found in each additional zoning district.

(b)

Unoccupied recreational vehicle storage is a facility for the storage of recreational vehicles. A recreational vehicle is a general term for a vehicle bearing a current license and/or registration which includes the following: camper trailer, travel trailer, truck camper, motor home, boat trailer, horse trailer, utility trailer, and recreational boat. The storage facility shall not include any occupancy of the vehicles. A security guard quarters/office shall be permitted within the facility to allow on-premises supervision. Said facility shall be considered an open storage yard and shall meet the above referenced conditions.

(LDR 1990, § 81.36; Ord. No. 1144-97, § 31, 8-20-1997; Ord. No. 1240-2000, § 14, 10-18-2000)

The purpose of the following vegetative buffering requirements is to provide an alternative to the solid masonry wall requirement between residential zoning districts and nonresidential zoning districts. This buffer is intended to provide visual and physical screening and buffering between potentially incompatible uses and to reduce the effects of glare, noise, and incompatible activities, specifically commercial and industrial uses when they abut existing residential zoning. The Planning and Zoning Commission must review and approve all site plans when a request is made to use the vegetative buffering alternative.

(1)

Opaque vegetative buffer. This shall be completely opaque from the ground up to a minimum height of six feet (except when located within 25 feet of a road right-of-way, where the buffer shall be three feet in height). In conjunction with this vegetative buffer, an irrigation plan must be submitted and approved by City staff and the Planning and Zoning Commission. A wood fence must be erected to a height of six feet toward the interior of the lot/parcel and within the required 7½ foot vegetative green area. This fence shall be maintained until such time as the vegetative buffer is established at its minimum height of six feet and depth of four feet. The vegetative buffer must be planted at least two feet from the interior easement line. The opaque vegetative buffer must be located within a landscape easement with a minimums width of 7½ feet and cannot be used for any other purpose, except green space. There shall be at least a three-foot open area toward the outer property line for the care and maintenance of the vegetative buffer.

(2)

Plant species and spacing of plants. The following plant species may be used on any project when installing a vegetative buffer planting. Any other proposed species to be used must be approved by the Planning and Zoning Commission during the site plan review process.

a.

Podocarpus macrophylla (Podocarpus), with a planting height of two to 2½ feet and spaced no further than three feet apart.

b.

Bambusa multiplex (Pea-shooter, hedge bamboo) "symodial category," with a planting height of two to 2½ feet and spaced no further than four feet apart.

c.

Myrica cerifera (Wax myrtle), with a planting height of three to 3½ feet and spaced no further than six feet apart.

(3)

Planting beds and irrigation systems.

a.

The planting beds shall be covered with a mulch product, which shall be confined and maintained with an average thickness of four inches and shall be kept clear of weeds.

b.

The irrigation system to be used and approved by the City shall be of a type and design which encourages deep root growth and keeps runoff to a minimum.

(4)

Maintenance. The owner of the property is responsible for the maintenance and care of the vegetative buffer, including the irrigation system and the six-foot wood fence (until removed). At any time the property owner fails to maintain the opaque nature of the vegetative buffer, the City has the right to take the property owner before the Code Enforcement Board and have the vegetative buffer repaired, replaced, or have a solid masonry wall constructed in its place, at the expense of the property owner. The Code Enforcement Board also has the right to fine the property owner up to $500.00 per day for noncompliance with the buffer requirement.

(LDR 1990, § 81.50; Ord. No. 1120-96, § 36, 8-14-1996)

(a)

Generally. Radio and television antennas and towers may be installed in all zoning districts.

(b)

Residential installations and uses.

(1)

Antennas and towers in residentially zoned districts shall not exceed 40 feet in height from mean ground level and no guide wires may be used for support. It is encouraged that the minimum height necessary for reception be used.

(2)

Radio and television antennas and towers shall not be installed within the required front yard setback or forward of the front building line.

(3)

Satellite dish antennas shall conform with the regulations of accessory buildings and uses in residential areas (Section 118-746) or this section, whichever is more restrictive. This requirement may be reduced by the Building Official if engineering is provided showing no neighboring property owner will be affected.

(4)

Satellite dish antennas shall not be roof-mounted in residentially zoned districts except for those satellite dishes that have a diameter of 24 inches or less.

(5)

Satellite dish antennas shall not exceed 14 feet in diameter in residentially zoned districts.

(6)

Interference with commercial reception is prohibited and such acts of interference will be referred to the FCC.

(c)

Commercial, industrial and manufacturing installations and uses.

(1)

The height of the antennas and towers shall not exceed the maximum height allowable in the applicable zoning district for buildings within that district. A special exception may be applied for to request that the antenna or tower be allowed to exceed the maximum height of the applicable zoning district by making application with the Planning and Zoning Commission which application must be approved by the Planning and Zoning Commission and the Board of Adjustment.

(2)

Radio and television antennas and towers shall not be installed within the required front yard setback or forward of the front building line.

(3)

Antennas and towers shall be set back from all property lines a perpendicular distance equal to the maximum height of the antenna or tower. Engineering may be submitted for towers and antennas designed to collapse upon themselves. The stated fall zone needed will be increased by ten percent for the establishment of setback purposes (this does not include any necessary guide wires that may be needed).

(4)

Installation of all antennas and towers shall conform to the regulations in this chapter.

(5)

Antennas and towers in excess of the allowable height requirements in each zoning district must be separated from existing antennas and towers by a radius of not less than one mile.

(LDR 1990, § 82.00; Ord. No. 1098-95, §§ 12—14, 5-3-1995; Ord. No. 1121-96, § 1, 7-17-1996)

(a)

Purpose. The general purpose of this section is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunication marketplace in the City. Specifically, this section will address:

(1)

The regulation of the location of towers and telecommunications facilities in the City.

(2)

The protection of residential areas and land uses from potential adverse impacts of towers and telecommunications facilities.

(3)

How to minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.

(4)

Promotion of shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers.

(5)

Protection of adjacent properties by ensuring that telecommunications facilities are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound.

(b)

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:

Antenna support structure means any building or other structure other than a tower which can be used for location of telecommunications facilities.

Applicant means any person that applies for a tower development permit.

Application means the process by which the owner of a plot of land within the City submits a request to develop, construct, build, modify or erect a tower upon such land. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.

Communication antenna means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission.

Communication tower means a tower which does not exceed 200 feet in height (including antenna), where allowed by these LDRs, which supports communication (transmission or receiving) equipment. The term "communication tower" shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC). Design examples of communication towers are described as follows:

(1)

Self-supporting lattice;

(2)

Guyed; and

(3)

Monopole.

Engineer means any engineer licensed by the State.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Monopole means a single self-supporting structure which contains no guy wires and not more than one support column. The maximum height of such monopole shall not exceed 200 feet, including antenna, relay structures, dishes, etc. This structure includes spin-cast concrete poles, concrete poles, steel poles and similar poles. The maximum width of the base of the monopole shall not exceed eight feet in diameter.

Owner means any person with fee title or a long-term (exceeding five years) leasehold to any plot of land with the City who desires to develop, construct, build, modify or erect a tower upon such land.

Stealth (camouflaged) telecommunication facilities means any communications antenna or tower which is designed to blend into the surrounding environment. Examples of stealth antenna or tower include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and communication towers designed to look other than a tower such as light poles, power poles, and trees.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include:

(1)

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.

(2)

Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

Temporary telecommunication towers, also known as cellular on wheels (COWS), means mobile wireless communication tower operated temporarily in conjunction with a recognized special event.

(c)

Location and type of towers allowed.

(1)

All towers within the City limits shall be limited to the maximum height of 200 feet and shall be of stealth design and approved through the site plan review process by the Planning and Zoning Commission and City Council.

(2)

No communication towers will be allowed to be constructed or placed within any privately owned single-family residentially zoned property.

(d)

Application. An application to develop a tower shall include the following:

(1)

The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

(2)

The legal description of the parcel of land upon which the tower is situated.

(3)

The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a one-quarter mile radius of the proposed new tower site, including city-owned property.

(4)

Written affidavit attesting that the applicant made diligent but unsuccessful efforts for permission to install or collocate the applicant's telecommunications facilities on City-owned structures (i.e., water towers); on all City-owned towers or antenna support structures, or on City property located within a one-quarter mile radius of the proposed tower site.

(5)

Written affidavit attesting that the applicant made diligent but unsuccessful efforts to install or collocate the applicant's telecommunications facilities on all towers or antenna support structures owned by other persons located within a one-quarter mile radius of the proposed tower site.

(6)

Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or antenna support structure located within a one-quarter mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system.

(7)

Each application to allow construction of a tower shall include a written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and nonresidential properties.

(8)

Written, technical evidence from an engineer that the proposed structure meets the standards set forth in the section referenced as structural requirements of these LDRs.

(e)

Setbacks.

(1)

All towers, except stealth towers, shall be set back one foot for each three feet of height from all property lines, but in no case less than the underlying setback requirement in the applicable zoning district. In zoning districts where a special exception use is required for the construction of a tower, additional setbacks may be increased to satisfy safety and aesthetic concerns, as may be set by the Board of Adjustment. Stealth towers shall meet the setbacks of the zoning district in which they are located but not less than 25 feet and shall meet the minimum setback requirements from single-family residentially zoned property as stated in these LDRs.

(2)

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel on which it is located. All structures included with the tower shall be included in the setback.

(3)

Guy wires shall meet the minimum setbacks for the district in which they are located but not less than ten feet, from the property line or leased area.

(4)

A minimum setback of ten feet from all overhead utility lines shall be required.

(5)

Non-stealth towers shall be located on the site at a distance equal to or in excess of three times the height of the tower (from the base of the tower) from existing off-site residential homes or property zoned primarily for single-family residential use. If the tower is located on the site at a distance equal to or in excess of three times the height of the tower as set forth above, then the tower shall be a permitted use. If the tower to be located on the site will be at a distance less than three times the height of the tower then a special exception must be applied for and a public hearing held before the Planning and Zoning Commission and Board of Adjustment in order to approve or disapprove of the property location of the tower. Such towers shall meet all rules and regulations of the Federal Communications Commission and all governmental bodies having jurisdiction over such matters.

(6)

Towers and antenna are permitted in any nonresidential zoning districts provided the tower cannot be sited within 300 feet of any residential zoning district.

(f)

Structural requirements. All towers and antennas placed on them shall be designed and certified by a State-registered engineer to be structurally sound and, at minimum, in conformance with the City's Building Code, and any other standards outlined in this article. All towers in operation shall be fixed to land with the exception of "temporary telecommunication towers."

(g)

Modification of existing towers.

(1)

Existing towers constructed prior to the effective date of the ordinance from which this article is derived which do not meet the requirements of this article may continue as a nonconforming use, but these towers may be replaced or modified for collocation or to improve functionality as long as the height of the tower does not exceed its existing height.

(2)

An existing tower may be modified to accommodate collocation of additional telecommunications facilities as follows:

a.

The applicant for a development permit may be issued a development permit without further approval by the City Council.

b.

The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the existing maximum height allowed by this article by more than ten percent, provided one additional carrier may be placed on the tower.

c.

Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this article. The tower's pre-modification height shall be used to calculate such distance separations.

d.

A tower which is being rebuilt to accommodate the collocation of additional telecommunications facilities may be moved on site subject to the setback requirements of this article.

e.

A tower that is relocated on site shall continue to be measured from the original tower location for the purpose of calculating the separation distances between towers as provided herein.

(h)

Height requirement.

(1)

No communication tower/antenna in the City shall exceed 200 feet in height from ground level.

(2)

Method of determining communication tower height: Measurement of communication tower height shall include antenna, base pad, and other appurtenances and shall be measured from the average finished grade of the parcel within 20 feet of the base of the tower.

(i)

Separation requirements. All stealth communication facilities shall be separated from existing facilities by a distance not less than 750 feet and may be waived to ten feet with a special exception. All non-stealth communication facilities shall be separated from existing facilities by a distance of not less than one mile, except as what may be modified and authorized by City Council, during the site plan review process.

(j)

Illumination requirement. Communication towers shall not be artificially lighted except to ensure human safety or as required by the Federal Aviation Administration, at which time dual mode lighting shall be requested from the FAA.

(k)

Finished color requirement. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or be painted a non-contrasting blue or gray finish. The color should be selected so as to minimize the equipment's visibility.

(l)

Type of construction. Communications towers shall be monopole construction. Special design features such as stealth construction may be required by the Planning Commission upon a finding that the visual impact of the proposed construction is incompatible with the character of the surrounding area. Lattice or guyed construction may be approved by the Planning Commission and Board of Adjustment as a special exception use, only upon showing that use of monopole construction techniques are impracticable.

(m)

Fencing requirement. A vinyl coated (black or green) chain-link fence or masonry wall not less than eight feet in height from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate. Barbed wire may be permitted through site plan review process and if consistent with code. A solid masonry wall or other wall or fence type may be required through site plan review where required for the purpose of appearance and/or land use compatibility. The fencing requirements contained herein may be adjusted where stealth construction techniques are used.

(n)

Landscaping requirement. The visual impacts of a communication tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following minimum standards for landscaping and buffering of communication tower shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the planning commission for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view, and for tower using stealth construction techniques. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements. The following landscaping shall be provided:

(1)

A continuous landscape screen consisting of canopy trees a minimum of 14 feet tall and a maximum of 25 feet apart shall be planted around the perimeter of the fence;

(2)

A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above;

(3)

All landscaping shall be of the evergreen variety;

(4)

All landscaping shall be xeriscape compatible or irrigated;

(5)

All landscaping shall be properly maintained to ensure good health and viability.

(o)

Accessory buildings or structures. All accessory buildings or structures shall be set back a minimum distance as required by the zoning district in which they are placed, with a minimum of 25 feet from the front property line. All accessory buildings or structures shall be subject to the principal building setbacks for the zoning district in which they are located.

(p)

Design to accommodate collocation.

(1)

All communication towers less than 100 feet in height shall be engineered and constructed to accommodate a minimum of one communication service provider.

(2)

All communication towers exceeding 100 feet in height shall be engineered and constructed to accommodate a minimum of one additional communication service providers for each additional 20 feet in height.

(q)

Communication antennas. Any communication antenna which is not attached to a communication tower, shall be a permitted accessory use to any commercial, industrial, office, or institutional structure, provided:

(1)

The communication antenna does not exceed more than 20 feet above the mean roof height point of the structure or 20 percent of the building height, whichever is least;

(2)

The communication antenna is mounted so as to not exceed the height of the structure to which it is attached by more than 20 feet, and if visible from surrounding properties, is of a color or design so as to make the antenna as visually unobtrusive as reasonably possible;

(3)

The communication antenna complies with all applicable FCC and FAA regulations; and

(4)

The communication antenna complies with all applicable building codes.

(r)

Abandonment of tower and antennas use.

(1)

Towers which have not had active antennas for a period of six consecutive months shall be removed by the owner. After failure to remove the tower within 60 days after notice from the Code Enforcement Division and the City shall have the right to remove such tower and impose a lien for the cost of removal on the site which was the subject of the application.

(2)

Every second year, the owner of any tower shall submit to the Building Official a sealed statement from an engineer that the structure is sound. The certification shall be due by the end of the month upon each anniversary of the issuance of the building permit. If the report is not provided within 14 days after receipt of written notice by the special exception holder and property owner, such tower shall be considered dilapidated. Towers which have not been certified shall be considered dilapidated and shall be removed by the property owner. Failure of the property owner to remove the tower within 30 days after receiving notice from the Code Enforcement Division shall allow the City the right to remove such tower and impose a lien on the site which was the subject of the application.

(LDR 1990, § 82.50; Ord. No. 1154-97, § 1, 1-21-1998)

Every residential social service facility in the City shall at all times meet and comply with each of the following requirements, standards and criteria:

(1)

Dispersal of facilities. Minimum distance between facilities, as required by State Statutes, measured from their respective property lines.

(2)

Neighborhood compatibility. In residential districts, the external appearance of residential social service facility structures and building sites shall maintain the general character of this district. Exterior building materials, bulk, landscaping, fences and walls, and general design shall be compatible with those of surrounding dwellings.

(3)

Signs. No signs shall be permitted in any single-family residential or multiple-family residential district. Signs placed in commercial districts shall be in compliance with requirements of Article V, Division 3 of this chapter.

(4)

Off-street parking. Facilities comply with the off-street parking provisions of these LDRs.

(5)

Conformance with state regulations. All community residential homes and care units shall comply with statutes, rules and regulations of the State Statutes.

(6)

Registration. The Zoning Official shall maintain a register of all active community residential homes and care units as required by State Statutes.

(LDR 1990, § 83.00; Ord. No. 1530-2009, § 4, 9-23-2009)

(a)

Older adult living facilities (OALFs) shall be permitted in zoning classifications that allow for up to 14 units per acre. Facilities built to the standards of Section 118-777 that want to convert to another type of multifamily use, must be remodeled to meet all the requirements of the R-3 zoning standards, including density and unit size.

(b)

An OALF is intended and shall be operated for occupancy by at least one person 55 years of age or older per unit. At least 80 percent of the population of any OALF must be occupied by at least one person 55 years of age or older.

(c)

The OALF, following the requirements stated below, is intended to be specifically built to meet the physical and social needs of older persons. The OALF operators shall publish and adhere to policies and regulations that demonstrate an intent by the owner to provide housing solely meeting the needs of persons 55 years of age and older.

(d)

To receive approval for an OALF project, the applicant must comply with all the conditions of this section. Each individual dwelling unit of the OALF shall have a refrigerator, stove, oven, sink area, handicapped-accessible toilet, and only showers may be installed. In addition, the OALF shall have a central laundry facility, central dining facility, central trash collection/recycling system, elevators (for projects over one story), and central adult day care facility.

(1)

Site location. OALFs may only be allowed on property that is zoned to accommodate 14 residential dwelling units per acre under the provisions of R-3 (multifamily dwelling unit) zoning district, according to these Land Development Regulations and allowed by the Comprehensive Plan. All provisions of the R-3 zoning requirements will apply (i.e., height, setbacks, minimum lot size, etc.).

(2)

Density limits. Density shall be limited by the Comprehensive Plan Future Land Use Map, except that, for the purposes of this section, a residential unit in an OALF shall be considered the equivalent of 0.50 residential units. This equivalent residential multiplier is provided in recognition of the likelihood of reduced impacts to public facilities inherent in this type of use. Maximum number of residential dwelling units per acre shall not exceed 25 units.

(3)

Traffic concurrency. Traffic concurrency shall be based on the 1991 Trip Generation Manual Code 252, which estimates that every dwelling unit of such a facility will generate 2.15 average daily trip ends.

(4)

Site-related improvement requirements.

a.

Parking. OALFs shall have one parking space per two dwelling units, and level green space to accommodate one-half space per two units for future expansion. Staff and managers' parking areas shall be required, which must provide not less than two parking spaces per individual with a minimum of ten parking spaces to be provided regardless of the number of dwelling units in the OALF. The main entryway of the OALF shall provide a canopy to adequately cover and provide clearance for a standard conventional bus. The driveway for this drop-off point shall be designed for the turning radius of a conventional bus.

b.

Laundry facilities. OALFs shall have at least the following laundry facilities on site: one washer and one dryer per every 15 dwelling units of the OALF. A laundry area shall be placed on each floor of a multi-story project. Single-story projects may have a centralized area for laundry facilities. Multi-story projects may place the trash disposal system and recycle system within this area.

c.

Central meeting area. OALFs shall provide a central meeting area (which may include a dining room area, but not a kitchen area) of a size not less than ten square feet per each dwelling unit of the OALF. The central meeting area shall contain a kitchenette area comprised of at least the following: one residential stove and vent hood, one refrigerator, one three compartment sink, and adequate counter space.

d.

Adult day care area. Every OALF shall provide an adult day care area of at least 300 square feet and provide the appropriate supervision needed as directed by the Consumer Health Department of the County. The adult day care area may be leased to a nonprofit community organization (i.e., Community Service Council of the County) for the purpose of operating and complying with Health Department permits and guidelines.

e.

Dwelling unit size. Each residential dwelling unit shall have not less than 375 square feet of living area. No carpet shall be allowed to be installed in the kitchen or bathroom areas.

f.

Open space/recreation area. Every OALF shall provide an outdoor open space area with partially shaded areas for the purpose of allowing residents to congregate in a central outdoor area. The size of the centralized open space area (which may include pool area) shall be not less than 20 square feet per dwelling unit in the OALF. Each OALF shall provide a direct access route to the City's sidewalk system.

g.

Bathroom facilities. Each bathroom shall have a shower with grab bars installed, and no bathtubs shall be permitted. Faucets on sinks shall be of a lever type for easier turning movement. No carpeting may be installed by the developer within the bathroom area.

h.

Trash collection/recycling areas. Each individual floor of a multiple-floor OALF must have a separate trash chute for the disposal and collection of refuse, isolated by a door from hallways or other residential areas to help prevent odor problems. In addition, recycling containers or recycling chutes must be kept available on each floor and emptied daily to a centralized area for City collection. Single-story facilities shall be required to provide and maintain centralized dumpster and recycling locations, with specially designed dumpsters to provide easy access for older adults (i.e., side door on dumpster or special design of lids of dumpsters.

i.

Access to building and dwelling units. No raised-floor thresholds will be allowed within the residential areas of the OALF and all doorknobs will be of a lever latch type. Residential move-in access areas must be placed away from the main reception area. The City will encourage the installation of a double entrance elevator with direct access to outside loading areas. Power-operated doors shall be installed at all exterior ingress and egress points where residents have access.

j.

Electrical outlets. Electrical outlets must be separate as directed by the electrical codes adopted by the City, except the height of the outlet must be installed three feet above the floor.

(5)

Written policies and regulations for the operation of an OALF. The City recommends that all written policies and regulations that the OALF intends to publish and adhere to, be first reviewed and approved by the Community Service Council of the County. All comments and recommendations received from the Community Service Council shall be incorporated into such policies and regulations for the OALF. The OALF shall furnish the City with its written policies as to what methods or recycling and garbage collection will be used, and such policies must be approved by the City before a development order will be issued.

(LDR 1990, § 83.50; Ord. No. 1049-93, § 7, 4-21-1993; Ord. No. 1489-2008, §§ 1—4, 4-16-2008; Ord. No. 1700-2016, § 1, 9-21-2016)

(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:

Approach/departure corridors. Approach/departure corridors are selected to provide the best lines of flight to and from the takeoff and landing area, considering prevailing winds, the location and heights of buildings or other objects in the area, and environmental considerations.

DOT means Department of Transportation of the State.

Emergency helistop means a designated landing area used for the operation of rotorcraft where no basing facilities are provided and used only for the emergency transportation of patients or supplies at a licensed hospital or ready alert for medical assistance on call, and is not used for routine transportation of any person to or from the hospital.

FAA means Federal Aviation Administration.

Peripheral area. The peripheral area is intended as an obstacle-free safety area surrounding the takeoff and landing area. It is recommended that the peripheral area width be one-fourth of the overall length of the largest helicopter expected to use the facility, but not less than ten feet (three meters).

Primary surface means a paved touchdown pad or paved takeoff and landing surface, free of obstructions, of prescribed dimensions.

(b)

Standards for emergency helistops. No zoning special exception, permit, license or other form of approval of or for the location, construction, use, operation or maintenance of an emergency helistop shall be issued or granted by the City or any officer, agency, board or department thereof unless the owner or lessee of the proposed emergency helistop first submits to the City in writing a binding site plan with supporting documents adequate and sufficient to demonstrate that said helistop and the use thereof will meet and comply with the following standards and criteria:

(1)

The owner or lessee of the proposed helistop must obtain site approval and be duly licensed by the State Department of Transportation to use and operate the proposed helistop prior to and at all times during the use of the helistop by aircraft.

(2)

The minimum primary surface area of the helistop shall be of length and width dimensions equal to at least 1½ times the overall length of the largest helicopter intended to use the facility; however, a primary surface of 300-foot length and width or larger shall be accepted as sufficient to accommodate all helicopters.

(3)

That the proposed helistop will meet and be in compliance with all State Department of Transportation and United States Federal Aviation Administration rules and regulations applicable thereto.

(4)

Centered within the primary surface shall be a minimum touchdown area with length and width dimensions equal to the rotor diameter of the largest helicopter intended to use the facility; however, a touchdown area with 100-foot length and width dimensions or larger centered within a 300-foot primary surface shall be sufficient to accommodate all helicopters.

(5)

There shall be landing strip markings consisting of any FAA-approved design and shall include touchdown area border lines whose dimensions coincide with and, therefore, indicate the rotor diameter of the largest helicopter intended to use the facility. When the load-bearing capacity of the touchdown area located on a structure is limited to less than 20,000 pounds per landing gear, a number shall be displayed in the center of the touchdown area indicating the maximum allowable gross weight of a landing helicopter in thousands of pounds.

(6)

A wind indicator shall be located so as to be clearly visible to landing helicopters but not within the primary surface and not a hazard to flight.

(7)

All aircraft operations, including approach, landing, takeoff and departure, shall be under visual flight rules only.

(8)

Routine maintenance, fueling, basing or hangaring of aircraft shall not be permitted at the helistop.

(9)

There shall be a minimum of one 500-foot-wide approach/departure corridor with floor and side planes as follows: The floor plane shall provide an 8:1 obstruction clearance and shall coincide in width with the required primary surface width at the boundary and proceed outward, flaring horizontally at a 10:1 rate on both sides until it reaches 500 feet wide. Where the floor plane is less than 500 feet wide, the side planes extending out from the floor plane or the primary surface shall provide a 2:1 obstruction clearance out to the required 500-foot corridor width. Curved approach/departure corridors with a minimum radius of 700 feet are permissible, but the curved path shall not commence closer than 300 feet from the primary surface.

(10)

Local zoning regulations of the City pertaining to lands beneath the approach/departure corridor of the helistop shall restrict erection of buildings or other structures within the corridor to a height not exceeding the maximum height prescribed by applicable FAA and DOT rules and regulations.

(11)

The route of the approach/departure corridor or corridors for the helistop shall be located and established to provide optimum safety for the aircraft and its occupants as well as for citizens of the City and properties within the City, also, so as to produce the least noise impact on the community.

(12)

No part of the primary surface takeoff/landing pad of the helistop shall be within a distance of 25 feet from any building, automobile parking space or structure rising above the level of the primary surface.

(13)

A peripheral area as hereinabove defined shall be maintained around the perimeter of the primary surface takeoff/landing pad.

(14)

A continuous metal fence of a uniform height of at least three feet above the level of the primary surface shall be erected and maintained as a safety barrier along the outside perimeter of the primary surface.

(15)

Lighting of the primary surface landing/takeoff pad and peripheral area shall be consistent with applicable FAA and DOT rules and regulations.

(16)

The hospital to which the helistop is ancillary shall provide the fire prevention and control equipment required for the helistop by applicable FAA and DOT rules and regulations, and in any event such equipment and protective devices shall include the following:

a.

Adequate water delivery system as established by the Fire Chief.

b.

70 gallons of foam; amount needed for the ten-minute requirements. A.F.F.F./A.T.C. is recommended.

c.

Two 95-gallon-per-minute foam eductors.

d.

Two foam nozzles.

e.

Fire hose of an adequate length prescribed by the Fire Chief.

f.

A suitable storage facility to house required safety equipment.

g.

Sufficient hospital personnel trained to safely operate the required equipment and to ensure safe helicopter landing standby and takeoff.

(17)

All helicopter operations at the helistop must meet and comply with all FAA and DOT emergency medical service rules, F.A.C. Ch. 10D-66.04, pertaining to air ambulances.

(18)

No part of the primary surface area, peripheral area, or lateral lines of the approach/departure corridor shall be within a distance of 300 feet from any property zoned for residential use.

(c)

Stricter provisions control. If any provision of this section is in conflict or inconsistent with any standard, criterion, rule or regulation promulgated by DOT or FAA with respect to helistops, the stricter provisions shall govern and control.

(d)

Revocation of special exception. The Board of Adjustment may suspend or revoke a special exception permit for an emergency helistop at any time said Board determines, consequent upon a hearing affording the owner or lessee of the helistop both procedural and substantive due process, that any standard, criteria, rule or regulation promulgated by FAA, DOT or ordinance of the City has been violated, or is being violated, in the location, design, construction, use, operation or maintenance of an emergency helistop.

(LDR 1990, § 84.00)

Temporary motor vehicle, vehicle or boat sales shall be allowed within the City if the applicant clearly demonstrates to the Building Official that the applicant will comply with all of the following requirements:

(1)

The sales shall be from property that is zoned C2 (general commercial) with a minimum site size of four acres.

(2)

The applicant must demonstrate that there is adequate ingress and egress and all parking of vehicles must be on site and must not impair the visual access of driveways or intersections.

(3)

The motor vehicles, vehicles, or boats shall be displayed and parked on an improved impervious surface and the use shall be primarily for new motor vehicle, vehicle and boat sales.

(4)

All signs used on the premises shall be consistent with the City's existing sign requirements.

(5)

The hours of operation shall be no earlier than 8:00 a.m. and no later than 9:00 p.m.

(6)

The applicant must be licensed to do business in the County, and must be financially stable and have a good reputation in the County area.

(7)

The applicant shall pay an administrative fee in the amount set forth in Chapter 124, Fees, for each application and also provide a refundable cash bond in the amount set forth in Chapter 124, Fees for cleanup purposes.

(8)

There shall be only one permit granted for temporary motor vehicle, vehicle or boat sales every 30 days (individual or combined sales shall be considered one sale) and the permit shall allow the applicant to use the property for temporary motor vehicle, vehicle or boat sales for a maximum of five consecutive days.

(9)

The request for the permit shall be made at least two weeks in advance of the requested date and shall not be made more than 30 days before the requested date.

(10)

In the event the Building Official finds any code violations during the time the applicant is utilizing the property, that particular business will be precluded from applying for a temporary motor vehicle, vehicle or boat sale permit for a period of one year.

(11)

The Building Official, when issuing the permit, may include other reasonable conditions deemed necessary by the Building Official based on the particular request submitted by the applicant.

(LDR 1990, § 84.10; Ord. No. 1098-95, § 15, 5-3-1995; Ord. No. 1186-99, § 13, 7-21-1999; Ord. No. 1211-2000, § 8, 4-5-2000)

(a)

Purpose. The intent of the City Council in adopting the ordinance form which this section is derived is to establish reasonable and uniform regulations that will reduce the adverse effects adult entertainment businesses would have upon the City and to protect the health, safety, morals and welfare of the citizens and inhabitants of the City.

(b)

Reference to City Code. Chapter 6, Article III of the Rockledge City Code will be referenced in this section.

(1)

General requirements. Refer to Chapter 6, Article III of the Rockledge Code of Ordinances for general requirements.

(2)

Locational requirements.

a.

Prohibited in certain zoning districts.

1.

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult bookstore, adult motion picture theater or an adult dancing establishment in any C1, C1A, TTP, M1, M2, IP, P1, or PUD zoning district.

2.

Minimum distance from certain other adult business establishments, religious institutions, schools, public parks, residentially zoned property, or establishments dealing in alcoholic beverages. No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult bookstore, adult motion picture theater or an adult dancing establishment within 1,000 feet of another such establishment; within 1,000 feet of any preexisting religious institution, school or public park; within 1,000 feet of an area zoned for residential use within or outside the City; or within 1,000 feet of an establishment that in any manner sells or dispenses alcohol.

b.

Measurement of distance. Distance from a proposed adult entertainment establishment to an existing adult entertainment establishment, a church, an establishment that sells or dispenses alcohol, a public park or a school shall be measured at the points where the lot lines of the property upon which the subject buildings or activity is located are closest. The distance from a proposed adult entertainment establishment to an area zoned for residential use shall be measured at the points where the lot line of the property upon which the adult entertainment establishment is situated and the residentially zoned area boundary are closest.

(LDR 1990, §§ 87.01, 87.02)

(a)

Limitation on keeping of dogs or cats or chickens (female Gallus domesticus) within residential land use classifications and vacant property. No person shall keep or maintain in, on or upon any building, premises or property located in any land use classification in which residential uses are permitted, or in any residential unit in a multiple-family, travel trailer or mobile home land use classification no more than four female chickens (Gallus domesticus) and in addition no more than four dogs or cats, or combination thereof, six months in age or older. No person shall keep or maintain on vacant property or in connection with any building used for business, commercial or industrial purposes more than one dog. Guard dogs defined in this section are not included in the four pets allowed. Nothing contained in this section shall be construed to permit the use of land or building as a dog kennel unless said land or building is located in a land use classification in which a dog kennel is a permitted use or where a conditional use is granted for a dog kennel.

(b)

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:

Chicken. For the purpose of this section, a chicken (female Gallus domesticus) is permitted. Rooster (male Gallus gallus) are prohibited.

Guard dog means one which is not owned by the property owner or tenant, for the purpose of providing security and is removed from the property after 8:00 a.m. and not returned to the property until 6:00 p.m. each weekday. Guard dogs may remain on the property on weekends and national holidays.

Pet kennels means any lands, structure or facility where any pets, regardless of number, are kept for sale, or for breeding, boarding, or treatment purposes, except where allowed in an animal hospital or grooming parlor or pet shop. Any premises used for residential purposes where four or more pets, excluding fish, six months or older are kept, harbored or maintained shall be deemed to be a pet kennel.

Pets means those animals and fowl normally domesticated in the United States, obtained at pet shops and kept in or around the home for pleasure rather than utility; e.g., dogs, cats, canaries, mynahs, parrots, parakeets, monkeys, fish, chickens and rodents. Pets are permitted in any residential land use classification unless otherwise prohibited in this section.

Wild animals and poisonous reptiles means animals of a species not usually domesticated in the United States and such phrase does not refer to the comparative docility or familiarity with man of a particular animal, nor does this phrase refer to pets customarily found in and about homes.

(c)

Wild animals and poisonous reptiles. It shall be unlawful for any person to keep, harbor, breed, sell or maintain any wild animal, poisonous reptile, or other species which is poisonous or dangerous and harmful to human safety in the judgment of the Zoning Official, in any zoning classification in the City. This restriction does not include parks, zoos, animal shelters, medical or scientific institutions or other places under applicable land use restrictions or otherwise having a license for keeping or showing wild animals or poisonous reptiles.

(d)

Farm animals, fowl and other species. It shall be unlawful for any person to keep, harbor, breed, sell or maintain upon any premises in any zoning district in the City, except as specifically permitted in a zoning district by the express terms of this chapter, any of the following, to wit: Bees, roosters, peacocks, horses, ponies, cattle, goats, rabbits, ducks or other livestock, or other species customarily utilized in farming operations.

(e)

Pet kennels, animal hospitals and animal clinics. No person, firm, corporation or agent shall place, keep, operate or maintain any pet kennel, animal hospital or animal clinic in any zoning classification in the City except as specifically permitted in a zoning district by the express terms of this chapter. No pet kennel, animal hospital or animal clinic shall be situated upon a tract, piece or parcel of land located less than 1,000 feet distant from any tract, piece or parcel of land zoned for residential use, said distance to be measured in a straight line between the closest points of the lot lines of the respective premises; provided, however, that an animal hospital or animal clinic equipped with interior quarters adequate for overnight or extended accommodation of animals, and at which all animals being examined, treated or kept remain within the interior of the facility at all times, may be situated upon a piece, parcel or tract of land located not less than 300 feet distant from a piece, parcel or tract of land zoned for residential use, said distance to be measured as above described, if all walls of the area of the facility wherein animals are examined, treated or kept are soundproofed so as to prevent the elimination of animal noises from said facility.

(f)

Prohibiting animals other than pets near residences. Except as may be otherwise provided in applicable zoning ordinances, no person shall keep any mule, horse, ass, sheep, goat, hog, pig, cow or other animal belonging to the bovine family, turkeys, chickens or any other domestic animal, except for household pets, as defined in Subsection (b) of this section, within 300 feet of the residence of another within the City. In no event and regardless of where same may be kept, none of the animals or types of animals specifically named and designated in this section shall be deemed a household pet.

(g)

Residential single-family structure chickens. Any chickens being kept, harbored, raised, or maintained as accessory to a residential single-family structure are subject to the following restrictions:

(1)

No more than four chickens may be kept; roosters are prohibited;

(2)

No person shall slaughter any chickens for any reason or use;

(3)

The chickens shall be provided with a movable covered enclosure (i.e., henhouse/coop) and must be kept in the covered enclosure or a fenced enclosure at all times. Chickens must be secured within the movable henhouse/coop during non-daylight hours;

(4)

The space per bird in the henhouse/coop shall not be less than four square feet per bird;

(5)

No covered enclosure or fenced enclosure shall be located in the front yard, nor shall the henhouse/coop be closer than ten feet to any property line of an adjacent property, nor within 25 feet of any adjacent residential structure. Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries;

(6)

All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. The henhouse/coop must be impermeable to rodents, wild birds, and predators, including dogs and cats. Enclosures shall be kept in a neat condition, including provision of clean, dry bedding materials and regular removal of waste materials. All manure not used for composting or fertilizing shall be removed promptly;

(7)

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rodents or other pests shall be kept in secure containers or otherwise protected so as to prevent rodents and other pests from gaining access to or coming into contact with them;

(8)

Chickens shall be kept for personal use only. The selling of chickens, eggs or chicken manure, or the breeding of chickens for commercial purposes in the City is prohibited;

(9)

No animal that kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal;

(10)

If the coop structure exceeds 80 square feet in size (eight feet by ten feet), a building permit is required to be obtained from the Building Division;

(11)

The coop and enclosure must be screened from the neighbor's view using an opaque fence and/or landscape screen;

(12)

Chickens shall not be permitted to trespass on neighboring properties, be released or set free, and shall be kept within a coop and enclosure;

(13)

The City may require an initial inspection of the property following the construction of a coop;

(14)

Citizens who have questions on the raising and/or maintaining of backyard chickens, shall be referred to the County Agricultural Extension Office for educational materials;

(15)

In the event of the issuance of an advisory by any Department of Health, Federal, State or local, that all chickens must be exterminated in the interest of public health, the keeping of all chickens under this section shall be immediately terminated. Having chickens on any property in the City at that point shall be prohibited.

(h)

Violation. Nothing herein shall affect the enforceability of more stringent restrictions in place or the ability of private property owners and/or neighborhoods to create and/or enforce private restrictions (including, but not limited to, deed restrictions, condominium/homeowner's association restrictions and bylaws, or private covenants), which may provide more stringent regulation of chicken keeping than provided for herein, including the prohibition of chicken keeping.

(i)

Requirements prior to maintaining chickens on property.

(1)

The property owner desiring to maintain chickens on their property must obtain the consent of 25 percent of the property owners within 100 feet of the property's boundary line in all directions.

(2)

All petitions, maps, and consents must be delivered to the Building Division prior to the establishment of chickens on any property.

(LDR 1990, § 88.00; Ord. No. 1268-2002, § 28, 4-3-2002; Ord. No. 1647-2014, § 1, 5-7-2014)

(a)

The provisions of F.S. § 849.16(1)(a)(b) and (3) are adopted as definitions of slot machines, arcades, arcade machines, amusement games or machines, arcade amusement centers, games played and merchandise for the purposes of this section, as may be amended by statute from time to time.

(b)

No person shall cause or permit the establishment, enlargement or transfer of ownership or control of an arcade amusement center in any zoning category in the City, except in the RMU zoning district and with a special exception in the C2 zoning district.

(c)

No person shall cause or permit the establishment, enlargement or transfer of ownership or control of an arcade amusement center within 1,000 feet of a house of worship, or a primary or secondary school facility.

(d)

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an arcade amusement center within 2,500 feet of another such establishment, within the jurisdictional limits of the City.

(e)

Measurement of distance. The distance from an arcade amusement center to another arcade amusement center or a school shall be measured from property line to property line.

(f)

Parking spaces per machine. There shall be 0.75 parking space per machine (or three spaces for every four machines). Cross parking agreements will be allowed if the establishment is located within a shopping center complex.

(g)

Any use of this type in existence within the City at the time of enactment of the ordinance from which this section is derived shall be a nonconforming, preexisting use. Once that use ceases, for any reason or cause, this grandfathered exception shall terminate.

(LDR 1990, § 89.00; Ord. No. 1444-2007, § 1, 4-4-2007; Ord. No. 1638-2013, § 1, 10-16-2013)

(a)

Purpose. The intent of the City Council in adopting the ordinance from which this section is derived is to establish reasonable and uniform regulations that will reduce the adverse effects that cannabis dispensing facilities might have upon the City and to protect the health, safety, morals and welfare of the citizens and inhabitants of the City.

(b)

Reference to Rockledge Code of Ordinances. Chapter 6, Article V of the Rockledge City Code will be referenced in this section.

(1)

General requirements. Refer to section 6-344 of the Rockledge Code of Ordinances.

a.

Locational requirements.

1.

Prohibited in certain zoning districts.

(i)

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control a cannabis dispensing facility in any C1, IP, M1, M2, MH, PUD, R1, R2, R2A, R3, RCE, RMU, ROC, RVP or TH zoning district of the City.

(ii)

Minimum distance from certain other cannabis dispensing facilities, religious institutions, schools, public parks, or residentially zoned property is required.

A.

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of a cannabis dispensing facility within 1,000 feet of another such cannabis dispensing facility; within 500 feet of any preexisting religious institution, school or public park; within 500 feet of an area zoned for residential use within or outside the City.

2.

Measurement of distance. Distance from a proposed cannabis dispensing facility to an existing cannabis dispensing facility, a church, a public park or a school shall be measured at the points where the lot lines of the property upon which the subject buildings or activity are located are closest. The distance from a proposed cannabis dispensing facility to an area zoned for residential use shall be measured at the points where the lot line of the property upon which the cannabis dispensing facility is situated and the residentially zoned area boundaries are closest.

(LDR 1990, §§ 89.51, 89.52; Ord. No. 1727-2017, § 1, 12-20-2017)

This division, pertaining to docks and piers, is hereby made and declared to be a zoning ordinance in its entirety as fully and completely as if the same were set out at length in the zoning provisions of these LDRs.

(LDR 1990, § 81.00)

When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular; and words in the singular number include the plural. The word "shall" is always a mandatory word; the word "may" is a discretionary word. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Activity means any use of sovereignty lands which requires approval of the Board of Trustees of the Internal Improvement Trust Fund of the State for consent of use, lease, easement, sale, or transfer of interest in such sovereignty lands or materials. The term "activity" includes, but is not limited to, the construction of docks, piers, boat ramps, board walks, mooring pilings, dredging of channels, filling, removal of logs, sand, silt, clay, gravel or shell, and the removal or planting of vegetation of sovereignty lands.

Applicant means any person or party applying to the City for a building permit or any other form of approval for the construction of a dock.

Dock means any pier, wharf, quay, boathouse, or other manmade facility, structure, or framework located along the shore of or extending into any waterway.

Indian River means all that body of water within the City described as the Indian River by the U.S. Coast and Geodetic Surveys and by subdivision plat of the City.

Mean high water line means the horizontal plane of the intersection of the local elevation of mean high water with the shore. Mean high water line along the shore of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the State in its sovereign capacity and the uplands subject to private ownership.

Mean low water line means the horizontal plane of the intersection of the local elevation of mean low water with the shore.

Ownership oriented facility means docking facilities where the use of the docking facility requires ownership of some real property interest in the adjacent upland parcel of land. Use of a docking facility by members of a condominium or homeowner's association owning a real property interest in the upland riparian parcel shall be included within this definition.

Preempted area means the area of sovereignty lands from which the traditional public uses have been or would be excluded to any extent by an activity. The area may include, but is not limited to, the sovereignty lands occupied by a dock and other structures, the area between the dock and out to any mooring pilings, and the area between the dock and the shoreline.

Private noncommercial recreational dock means a dock that is not used for any revenue generating income related activity, the use of which facility is restricted to purely recreational activities such as sport fishing where the catch is either returned to the waterways or retained by the family, guests, or donees of the dock owner without payment of compensation or a valuable consideration; or recreational sailing, rowing, rafting or power boating; swimming, and like traditional recreational activities unassociated with any commercial interest or activity.

Revenue generating income related activity means any commercial, industrial or other activity for the production of income or gain, or which serves as an accessory to any commercial, industrial or gain producing operation.

Riparian rights means those rights incident to lands bordering upon navigable waters, as recognized by the courts and common law.

Sideline of riparian rights, for the purposes of construing, interpreting, applying and enforcing the provisions of this section only, means a line commencing at the point where a side lot line of property abutting the west bank of the Indian River intersects the mean high water mark of the Indian River, and from thence extending easterly into the waters of the Indian River on a bearing that will intersect the channel of the Indian River approximately at a right angle.

Watercraft, as used in this section, means any boat, vessel, or other floating structure having a length exceeding ten feet.

Waterfront width means the distance measured in a straight line between the points where each of the side lot lines of a lot, piece or parcel of upland riparian property intersect with the mean high water line of the waterway.

Waterway is a collective term including any artificial waterway and/or any body of water and the Indian River.

(LDR 1990, § 81.01)

Any person desiring to construct a private, noncommercial dock shall first submit an application and required exhibits as stated below to the Building Official's office:

(1)

Application for dock construction permit.

(2)

Certified survey of the upland property to which the dock is to be attached. If said upland property has a depth of more than 150 feet from the shoreline, only the 150 feet of said upland property nearest the shoreline need be shown on the survey. If the application is for construction of a dock in the Indian River, said survey shall also show the side lines of riparian rights applicable to the property from the shoreline out into the Indian River for a distance of at least 150 feet from the shoreline.

(3)

Construction plans for the proposed structure indicating length, width, height, design and type.

(4)

Site plan of the proposed structure of the dock in relation to the shoreline, and in relation to the side lines of the upland property, and in relation to the side lines of the riparian rights applicable to said upland property.

(5)

A written permit or authorization from all State and Federal regulatory agencies having advisory, recommendatory, or permitting authority with respect to the proposed dock.

(LDR 1990, § 81.02)

No dock shall be erected, placed, affixed to, kept or maintained on or as part of any lot, piece or parcel of riparian property unless such lot, piece or parcel of riparian property shall meet the minimum lot width, depth and area requirements of the zoning district wherein said property is located. (See Section 118-814 for width exemption of certain grandfathered lots of record.)

(LDR 1990, § 81.03)

(a)

Roadway. The minimum setback of any portion of the dock from any public road right-of-way shall be five feet.

(b)

Side. The minimum setback of a dock from any side lot line of the upland property shall be 25 feet, except that if the upland lot to which the dock is affixed is entitled to an exemption as a grandfathered lot of record as described in Section 118-814, then the minimum setback of the dock from any side lot line of the upland property shall be 20 feet.

(c)

Sideline of riparian rights. The minimum setback of a dock from any sideline of riparian rights shall be 25 feet, except that if the upland lot to which the dock is affixed is entitled to an exemption as a grandfathered lot of record as described in Section 118-814, then the minimum setback of the dock from any sideline of riparian rights shall be 20 feet.

(d)

Rear. For properties abutting a waterway as to which the submerged land beneath the water is privately owned by the owner of the upland property, no portion of the dock shall be constructed, placed or maintained within ten feet of the rear property line of the privately owned submerged land.

(LDR 1990, § 81.04)

(a)

Density. Only one dock shall be permitted on any lot, piece, or parcel of property having a waterfront width of not more than 80 feet; however, more than one dock shall be permitted on any lot, piece or parcel of property having more than 80 feet of waterfront width, provided the property has at least 80 feet of waterfront width for each dock and there is a minimum distance of 65 feet between any part of any two docks on the same property, and all setback requirements and other provisions of this division are complied with.

(b)

Height. The maximum height of any part or portion of the entire dock, including the roof covering, shall not exceed 16 feet above mean high water level.

(c)

Covering area.

(1)

Indian River. Covering shall be permitted over boat slips and water areas where boats are docked, kept or moored, as well as over the walking deck or surface of the dock structure. (This section pertains only to properties abutting the Indian River.)

(2)

Other than in the Indian River. Coverings on docks in waterways other than the Indian River shall not exceed 200 square feet in area.

(d)

Lighting. All lighting on any dock shall be so placed, shielded, covered or guarded that no direct light rays or beams are projected or radiated onto or upon, or are visible from, any part of any dwelling, road, street, private driveway, or property lying landward and upland of mean high water mark on the shoreline to which the dock is attached. The material utilized for the light shield, cover, guard, or barrier shall be such that it completely and totally blocks out direct light rays in the directions in which direct lighting is prohibited by this section, as distinguished from a translucent or semi-opaque material.

(e)

Pilings. The pilings and materials used in and for the construction of docks, including the structure, foundation and base support of the dock, shall be of such material and quality as is approved by the State Department of Environmental Protection State Fish and Wildlife Conservation Commission and the United States Army Corps of Engineers.

(f)

Length. No dock shall extend more than 200 feet into the Indian River. In waterways other than the Indian River the maximum length shall be 20 feet from the shoreline; and if the property abuts a waterway as to which the submerged land beneath the water is privately owned by the owner of the upland property, no portion of the dock shall be constructed, placed, or maintained within ten feet of the rear property line of the privately owned submerged land.

(g)

Number of slips. No dock shall be constructed with more than three separate slips or berths specifically designed to accommodate watercraft. See Section 118-812(d) limiting to three the number of watercraft to be kept at a dock.

(LDR 1990, § 81.05)

No dock in the Indian River or in any R1, or R2, R2A, or RCE zoning district, nor any dock which is connected or attached to upland riparian property on the Indian River in any of said zoning districts, shall be used for any revenue generating income related activity, or for any purpose other than a private noncommercial, recreational dock. In the interpretation and enforcement of this section, a rebuttable presumption shall exist, and is hereby created, that any boat or vessel that is designed, constructed, modified, or equipped for a revenue generating income related activity, or that is licensed by any governmental agency for a commercial use, is being used for a revenue generating income related activity, and any such boat or vessel is prohibited by the provisions of this section from being kept or maintained at any dock connected or attached to upland property on the Indian River or in an R1, R2, R2A, or RCE zoning district of the City.

(LDR 1990, § 81.06)

(a)

No dock in the Indian River, or in any R1, R2, R2A, or RCE zoning district shall be used for any revenue generating income related activity.

(b)

No dock in the Indian River, or in any R1, R2, R2A, or RCE zoning district, or which is connected or attached to upland riparian property on the Indian River or in any of said zoning districts, shall be used for any purpose other than as a private noncommercial recreational dock.

(c)

No dock shall hereafter be constructed on, or affixed to, any property in an R1, R2, R2A, or RCE zoning district except as an accessory use to a principal residence situated upon the same property or upon property adjoining and contiguous to the land upon which the dock is to be located, and in the same ownership as the land upon which the dock is to be located.

(d)

No portion of any dock which is an accessory use to a principal residence shall be rented, let, or leased to any person or party other than the occupant or occupants of the principal residence building; nor shall any portion of a dock heretofore erected upon property without a principal residence be rented, let, or leased to any person or party. Nothing herein contained shall prohibit an owner of property upon which a residence and dock is located from renting, letting, or leasing the principal residence in compliance with applicable zoning restrictions, and reserving unto such owner rights to the use and occupancy of the dock.

(e)

No tenant or lessee of a dock shall subrent or sublease any portion of said dock.

(f)

A homeowner's or condominium association owning and maintaining a dock solely for the use and benefit of association members, which dock is in existence on May 1, 1990, may rent or lease docking or mooring space at said dock to a member of such association or tenant in possession of a dwelling unit under the authority of such association. No member of such association nor tenant in possession as aforesaid shall subrent docking or mooring space at the dock to any other person or party.

(g)

The use or utilization of any dock space for the mooring or keeping of watercraft utilized in or specially designed for, or licensed by any governmental agency for, any commercial pursuit, including, but not limited to, commercial fishing, clamming, crabbing, shrimping, lobstering, oyster harvesting, scalloping, chartering, boat rentals, or other activity for monetary gain, shall be deemed to be a revenue generating income related activity and is hereby prohibited in any R1, R2, or R2A, or RCE zoning district.

(h)

No dock shall be designed, constructed, or modified to have living accommodations, fixed fueling or permanent fuel storage facilities.

(i)

No more than three watercraft shall be simultaneously docked, kept, placed, moored, or maintained at any single dock located in the Indian River or in any R1, R2, R2A, or RCE zoning district, except in case of emergency in which event a watercraft which has become inoperable may be kept at a dock for a period not exceeding 72 hours for the purpose of making emergency repairs, notwithstanding the number of other watercraft at said dock. This limitation on the number of watercraft to be kept at a dock shall be inapplicable to a dock owned and used exclusively by members of a condominium or homeowner's association at the time of enactment of the ordinance from which this section is derived, which shall be governed by applicable provisions of State law.

(j)

The main access pier shall not be more than six feet wide.

(k)

Any person desiring electrical or utility services for a dock, and where the installation of such service requires passage of a conduit, pipe, or other material underneath any public street or right-of-way, must first apply to and obtain from the City an excavation permit to bore and jack under said public street or right-of-way. All utilities will be installed not less than 18 inches underground.

(l)

The Building Official shall first determine that the plans and proposed dock meet all the requirements of this section.

(m)

No sign shall be placed on or displayed from any dock, apparatus, or equipment on or about a dock so as to be visible to persons upon any public way, waterway or private property, except signs directly related to dock safety, or to the posting of the premises against trespassing.

(n)

Tires shall not be affixed to the structure as fenders.

(o)

Structures will be so designed, placed and constructed so as to permit the free and unimpeded flow of the waters of the waterway in such a manner that the waters beneath the structure will not be inhibited or obstructed.

(p)

No watercraft shall be docked, kept, berthed, moored, or maintained at or about any dock in such position that any part of the watercraft extends over and beyond any sideline of the riparian rights of the upland property to which the dock is affixed, but this limitation shall not apply to watercraft at anchor and in use in navigation or fishing or recreational purposes.

(LDR 1990, § 81.07)

No owner of any lot, tract, or parcel of land lying within the corporate limits shall permit any pier, dock, pile, davit, boatlift, boat ramp, or seawall located on or connected to the owner's property to become dilapidated, deteriorated, structurally unsound, a safety hazard, a hazard to navigation, or otherwise to become in nonconformance with the provisions of this division.

(LDR 1990, § 81.08)

Any lot, piece, parcel or tract of land described in a deed of conveyance or contract for deed recorded in the public records of Brevard County, Florida, prior to May 1, 1990, and which has a waterfront width of 50 feet or more as described in said recorded deed or contract for deed, shall be deemed to meet the minimum lot width requirements for construction of a dock, notwithstanding the provisions of Section 118-808.

(LDR 1990, § 81.09)

(a)

Structures grandfathered. If, at the time of adoption of the ordinance from which this section is derived, a dock exists which would not be permitted by the regulations imposed by this section, such dock may continue to exist, provided no such nonconforming dock shall be enlarged, increased, or expanded other than in conformity with the provisions of this section. This subsection applies only to the physical characteristics of a preexisting nonconforming dock, as distinguished from the use of the dock.

(b)

Unsafe docks. Any dock or portion thereof declared unsafe may be restored to a safe condition.

(c)

Maintenance. A nonconforming dock may be maintained, and repairs and minor alterations may be made, except that no structural alterations shall be made except those required by law. Repairs, as plumbing or changing of partitions or other alterations, are permitted.

(d)

Moving. No such nonconforming dock shall be moved in whole or in part to any portion of the upland riparian property, or submerged lands, other than that occupied by such dock at the effective date of adoption of the ordinance from which this section is derived.

(e)

Damage and restoration. If a dock is damaged or destroyed by any cause whatsoever, regardless of the extent of the damage, said dock may be replaced and restored to the same condition as the dock existed on the date of enactment of the ordinance from which this section is derived, provided that such replacement and restoration is performed and completed within one year from the date of damage or destruction of the dock; and provided, further, that the upland riparian property to which the dock is affixed has not been sold or transferred by the owner between the date of enactment of this section and the date of issuance of a building permit for replacement or restoration of the dock. The term "sold or transferred" shall not include a transfer by device, descent, or by operation of law upon the death of a joint tenant. If the upland riparian property to which a dock is affixed has been sold or transferred between the date of enactment of the ordinance from which this section is derived and the date of destruction or damage to the dock, no building permit shall be issued for the replacement and restoration of the dock if said dock has been destroyed or damaged by any cause and such damage exceeds 50 percent of the fair market value of the dock. Fair market value for the purposes of this section shall be deemed the valuation of such dock by the Tax Assessor of the County in the County Tax Assessor's assessment for the levying of ad valorem taxes for the tax year in which such damage was sustained. If the upland riparian property has been sold or transferred as aforesaid and a dock affixed to said upland property is damaged by any cause and such damage does not exceed 50 percent of the fair market value of the dock, the owner of the upland property may replace and restore the dock to the same condition as it existed at the time of enactment of the ordinance from which this section is derived, provided such replacement and restoration is completed within one year after the date of the damage to the dock. It shall be the responsibility of the owner of the dock to establish and verify the date of destruction of the dock.

(LDR 1990, § 81.10)

The limitations, restrictions and provisions of this division shall be inapplicable to any public dock constructed by a governmental agency and attached to riparian upland property in which said governmental agency has an ownership interest. An easement or public street right-of-way shall be deemed a sufficient ownership interest for construction of a public dock by a governmental agency.

(LDR 1990, § 81.11)

(a)

General objective. The objective of this division is to establish requirements for the placement, installation and maintenance of signs, or street graphics, in order to preserve and protect the health, safety, welfare and general well-being of the community's citizens. As the regulation of the placement, construction and maintenance of buildings and structures through zoning is a valid use of the police power, so too is the regulation of the placement, installation and maintenance of street graphics since such graphics in the literal sense must ordinarily be considered structures, and in a practical sense are capable of producing many of the same nuisances as are produced by buildings.

(b)

Controlling interference with motorists. The regulation of the placement, installation and maintenance of street graphics is further justified by their innate scheme and primary purpose to draw mental attention to them, potentially to the detriment of sound driving practices and the safety of the motoring public to which a majority of signs is oriented. Therefore, it is the intent of this division to regulate the size and location of street graphics so that their purpose can be served without unduly interfering with motorists and causing unsafe conditions.

(c)

Aesthetic.

(1)

Finally, it is the objective of this division to protect and preserve the aesthetic qualities of the community by regulating the placement, installation and maintenance of street graphics. The fact that such graphics are intended to command visual contact grants to graphics a proportionately greater role than other structures in determining the overall aesthetic quality of the community.

(2)

The aesthetic impact of street graphics is an economic fact which may bear heavily upon the enjoyment and value of property; therefore, the regulation of signs is validly justified on the basis of conserving the value of property and encouraging the most appropriate use of land throughout the municipality. It is contended that it is not irrational for a community's citizens to plan their physical surroundings in such a way that unsightliness if minimized.

(3)

With this purpose in mind, it is the intention of this division to authorize the use of street graphics which are:

a.

Compatible with their surroundings;

b.

Appropriate to the type of activity to which they pertain;

c.

Expressive of the identity of the individual proprietors or of the community as a whole;

d.

Large enough to sufficiently convey a message about the owner or occupants of a particular property, or the business activities conducted on such property, yet small enough to preserve and protect the natural beauty of the City and limit distractions to motorists.

(LDR 1990, § 86.01)

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

Animated street graphic means any sign or other street graphic which involves motion or rotation of any part by any means, or is illuminated by flashing, intermittent or color-changing light or lighting.

Awning street graphic. See Marquee street graphic.

Banner street graphic means any sign made of paper, cloth, or fabric of any kind having only such material for a backing. Banners may or may not have characters, letters, logos, illustrations, or ornamentation applied thereto. Banners shall include any animated, rotating, or fluttering device designed to attract attention.

Canopy street graphic. See Marquee street graphic.

Changing message device means any device visible from a public right-of-way across the face of which a verbal message appears to move or containing a verbal message which changes mechanically or electronically.

Eaves means lowest horizontal line of a sloping roof.

Erect means to build, construct, attach, hang, place, suspend, affix or paint a wall sign or other street graphic.

Garage sale graphic means a sign which advertises the sale, display or availability of new or used tangible personal property at or in the vicinity of a private residence indicated on the sign, when the location of the sale is in an RCE, R1, R2, R2A, R3 or TH zoning district.

Ground-mounted street graphic means any sign or other street graphic which is mounted on or supported by an upright, uprights, or braces in or upon the ground, any street graphic structure, or a fence or a wall of an accessory building or structure.

Illuminated street graphic means any sign or other street graphic which is illuminated by artificial light, either from an interior or exterior source, including reflective or phosphorescent light.

Maintain means to preserve from decline, keep in an existing state or retain in possession or control.

Marquee street graphic means any sign or other street graphic attached to or hung from a marquee, canopy or awning, each of which shall be defined as a covered structure projecting from and supported by a building.

Monument street graphic means any ground-mounted street graphic the support structure (base) and sign face area of which is of a single uniform shape, such as a monument or monolith, and having an appearance that is compatible and harmonious with the principal occupancy structure to be served by the street graphic.

Multiple occupancy means a parcel of property under one ownership or singular control, or developed as a unified or coordinated project, with a building or buildings housing more than one occupant conducting a business operation of any kind.

Occupant (occupancy) means a legal occupant of a building or premises licensed to engage in a business, occupation or profession, or exempt from license due to governmental, educational, religious or other privileged status.

Off-premises street graphics means any street graphic (other than a vehicle street graphic, a public service street graphic, and a permanent development identification street graphic for an office, business or industrial subdivision) which advertises business, goods, products, services or facilities which are not manufactured, produced, sold, provided or located on the premises on which the street graphic is erected or maintained, or a street graphic which directs persons to a different location than the one upon which the street graphic is erected or maintained.

Owner or property owner means the owner of property, the tenant, or other user of any property in the City.

Pennant means any flag-like piece of cloth, plastic or paper attached to any staff, cord, building or other structure at only one or two edges, the remainder hanging loosely.

Portable LED sign means any sign which is manifestly designed to be transported by trailer, or on its own wheels, or other means including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A- or T-frame sign and attached temporarily or permanently to the ground. The light emitting diode (LED) sign utilizes technology of diodes arranged in pixels to create messages changeable by electronic means. Said signs are sometimes referred to as electronic message centers and shall include other similar signs such as liquid crystal display signs, fiber optic signs, plasma display screen signs, incandescent signs, time-temperature-date signs or any other such sign using similar technologies.

Portable street graphic means any sign or other street graphic, except a vehicle street graphic, which is manifestly designed to be transported from one place to another, whether on a trailer, on its own trailer, on wheels, or otherwise.

Projecting street graphic means any sign or other street graphic which is affixed to any building wall or structure and extends more than 12 inches horizontally from the plane of the building wall.

Public service street graphic means a street graphic the advertising message of which relates only to the nonprofit activities of any church, school, governmental agency, or nonprofit corporations of a religious, educational or charitable nature.

Revolving street graphic means any sign or other street graphic so erected or constructed as to periodically change the direction toward which any plane containing part of the sign area is orientated.

Roof street graphic means any sign or other street graphic erected or constructed and maintained above the eaves and under the roofline of any building.

Roofline means highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridge line, or the highest line common to one or more principal slopes of the roof. On a flat roof, the roofline is the highest continuous line of the roof or parapet, whichever is higher.

Sign area means the total surface area contained within any common geometric figure (e.g., parallelogram, circle, triangle, trapezoid, hexagon, ellipse, etc.) which encloses all names, letters, numbers, symbols, pictures, trademarks, logos, or other commercial messages or identifications contained in a street graphic.

Special advertising events means any grand openings, going out of business sales days and special prearranged sales and promotional events.

Spinner means any device designed to attract attention to the premises upon which it is displayed through mechanical movement or through movement caused by the movement of the atmosphere.

Street graphic structure means any accessory structure or device the primary purpose of which is to be or to display a street graphic.

Vehicle street graphic means any street graphic on or affixed to a motorized vehicle other than a registered logo, trademark or service mark.

Wall-mounted street graphic means any sign or other street graphic mounted on and approximately parallel to the face of a principal building wall and projecting not more than 12 inches from the plane of the wall. Street graphics on the outside of a window and window street graphics are considered wall-mounted street graphics.

Window street graphics means a graphic mounted and/or attached to the inside or outside of a window for display to the public passerby outside the window.

(LDR 1990, § 86.02; Ord. No. 1120-96, § 37, 8-14-1996; Ord. No. 1272-2002, § 18, 6-19-2002; Ord. No. 1517-2009, § 1, 1-21-2009)

(a)

General prohibitions. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained anywhere in the City a sign or street graphic which violates the following general restrictions:

(1)

Ingress and egress to buildings. No sign or other street graphic shall be attached to or placed against a building in such a manner as to prevent ingress and egress through any door or window required or designed for access to any building, nor shall any sign or other street graphic obstruct or be attached to a fire escape.

(2)

Banner street graphic. No banner graphics or other street graphic of any type whatever may be erected, constructed or maintained along or across any right-of-way, except for such banner graphics or other street graphic as the City Council may itself determine to erect for the general benefit of the City as a whole or for the public convenience, necessity or welfare.

(3)

Street graphics on public property and rights-of-way, schools and churches. No signs or other street graphic other than a City sign or other sign of a public nature will be allowed to be erected, placed, replaced, installed or maintained in or on any City property or public right-of-way; nor shall any street graphic be permitted on the grounds of any church or school or on property owned by any public agency, except as specifically authorized herein.

(b)

Prohibited street graphics. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any of the following street graphics:

(1)

Traffic or pedestrian hazard. No street graphic shall be erected in such a manner as to obstruct the vision of pedestrians. No street graphic shall obstruct vision at any street intersection. Any street graphic over two feet in height and located within 25 feet of a driveway shall be set back at least ten feet from the right-of-way of any street to which such driveway provides access. This section, however, shall not prohibit the erection of a street graphic which is located at least eight feet above the highest crown of any adjacent street when such street graphic is mounted upon a street graphic support structure which does not exceed eight inches in diameter. Any sign or other street graphic which by glare or method of illumination constitutes a hazard to traffic is prohibited. No sign or other street graphic may use the words, "Stop," "Look," "Drive-in" or any similar word, phrase, symbol or character within ten feet of a public right-of-way or 200 feet of a traffic control device.

(2)

Immoral nature. Signs or other street graphics displaying any statement, word, character or illustration of an obscene, indecent or immoral nature and that is not within the accepted standards or is contrary to the moral code of the community.

(3)

Pennants or spinners. Pennants or spinners.

(4)

Red and green lights. Red or green lights, except traffic control signals, within ten feet of public right-of-way or 200 feet of traffic control lights.

(5)

Snipe sign. Any small sign, generally of a temporary nature, made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, when the advertising matter appearing thereon is not applicable to the present use of the premises upon which sign is located.

(6)

Revolving street graphics. Revolving street graphics.

(7)

Animated street graphics. Animated street graphics.

(8)

Vehicle street graphics. Vehicle street graphics with a total sign area of any vehicle in excess of ten feet, when parked on a business premises for more than one consecutive hour and located more than 100 feet from the entrance of any business or business location advertised or named on the vehicle street graphic.

(9)

Tethered inflatable street graphics. Tethered inflatable street graphics, either on or off the premises.

(10)

Banners. Other than those allowed by Sections 118-845(7) and 118-844(a)(2).

(11)

Roof graphics. Roof graphics are prohibited.

(12)

Projecting graphics. projecting graphics are prohibited.

(c)

Street graphics exempt from this section. The following street graphics or signs are exempt from the provisions of this section:

(1)

Street graphics with a total size of six square feet or less per building which bear only property numbers, street addresses, telephone numbers, post box numbers or names of occupants of the premises, with characters not exceeding eight inches in height for nonresidential uses or of any height for residential uses.

(2)

Governmental flags or insignia except when displayed in connection with commercial promotion.

(3)

Legal notices and other signs or graphics of six square feet of sign area or less, either publicly or privately owned, directing and guiding traffic and parking, which may include the business identification which shall not exceed one-third of the sign area of such graphic, but bearing no advertising matter. Example: parking, entrance, exit, one-way, service, etc.

(4)

Christmas trees, other holiday displays, and window displays of merchandise except as specifically prohibited herein.

(5)

Street graphics reproduced on the body of coin-operated vending machines, gasoline pumps, telephone booths, and ice vending equipment, and not including off-premises street graphics.

(6)

Nonilluminated graphics of not over four square feet of sign area for safety or caution or to prohibit trespassing.

(7)

Murals, statues, paintings, designs or other decorative features or structures designed to attract attention to any occupancy but containing no names of occupants, business or product identification, trademark, logo, address, or other commercial message, provided a special permit therefor is obtained from the City Council.

(8)

Street graphics, other than off-premises street graphics, of up to 18 square feet of sign area on any church, school, or public agency property. An additional 16 square feet may be added for a reader board.

(9)

Vehicle street graphics with less than ten square feet of total sign area on any vehicle.

(10)

Nonilluminated public service street graphics of not over four square feet of sign area when located on a window or inside hall of any nonresidential use or when located not closer than five feet to a public right-of-way and not closer than ten feet to the City limits.

(11)

Signs necessary to promote health, safety and welfare and other regulatory, statutory, traffic control or directional signs erected on public property with permission as appropriate from the United States Government, State, County or the City.

(12)

Decorative flags and bunting for celebration, convention or commemoration of significance for the entire community when authorized by City Council for a prescribed period of time.

(13)

Neon lighting of less than 100 linear feet as accent lighting and shall not be used as signage.

(LDR 1990, § 86.03; Ord. No. 1120-96, § 38, 8-14-1996; Ord. No. 1174-98, § 9, 11-4-1998; Ord. No. 1186-99, §§ 15, 16, 7-21-1999; Ord. No. 1268-2002, § 25, 4-3-2002; Ord. No. 1548-2010, §§ 1, 2, 5-5-2010)

Temporary street graphics are those indicating the sale or development of property or those displayed in conjunction with new businesses and are permitted prior to the use of the permanent street graphics otherwise allowed in this division. Such temporary street graphics are permitted in all districts according to the following regulations, except that it shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any temporary street graphic which fails to conform to the following regulations:

(1)

Subdivision development street graphics. These graphics shall be permitted to identify subdivision of ten or more lots, where an active building and development program is under way. Such graphics shall be nonilluminated wall or ground-mounted and shall be permitted for a maximum legal effective period of not more than two years. Such graphics shall be removed when the permit becomes void, or when 75 percent of the lots in the subdivision have been conveyed or had principal buildings erected on them. Subdivisions development graphics shall not exceed 32 square feet in sign area, and the street graphic structure shall not exceed in size such sign area plus an allowable border of not more than six inches in width. Such graphics shall be set back not less than 15 feet from any property line and shall be no greater than ten feet in height. In such case where the subdivision abuts more than one street, one such graphic may be erected on each street frontage. A subdivision may have one graphic erected near each major intersection to the subdivision with a maximum of two such graphics on a major thoroughfare. The content of such graphics shall be restricted to the name of the developer and/or agent or identification emblem and a directional arrow.

(2)

On-site development street graphics. These signs or graphics shall be permitted on property on which there is an active building program underway to identify the developer, architect, contractor, realtor, etc. Such on-site development signs shall be permitted on a temporary basis and shall not be erected more than 60 days prior to the beginning of actual construction of the project and shall be removed when construction is completed. If a sign is erected as permitted in this section and if construction is not initiated within 60 days after the sign is erected, or if such construction is not continuously and actively prosecuted to completion, said sign shall be removed. No on-site development sign shall be permitted to be erected closer than 15 feet to any property lines or public rights-of-way.

a.

RCE, R1, R2, and MH zoning districts, one nonilluminated wall- or ground-mounted graphic not exceeding 12 square feet in sign area and six feet in height, including supports, may be erected.

b.

R2A, R3, and TH districts and a C2 district where residential construction is occurring, one nonilluminated wall or ground-mounted graphic not exceeding 32 square feet in sign area or ten feet in overall height may be erected. In cases where development in excess of 50 dwelling units abuts more than one street, one wall or ground-mounted street graphic may be erected on each street frontage, provided the total aggregate sign area of the two graphics does not exceed 64 square feet and height neither exceeds 48 square feet in sign area.

c.

In all zoning districts where nonresidential development is underway, one nonilluminated wall- or ground-mounted street graphic not exceeding 64 square feet in sign area or 15 feet in height including supports may be erected. In cases where development in excess of five acres abuts more than one street, one wall- or ground-mounted street graphic may be erected on each street frontage, provided the total aggregate sign area of the two graphics does not exceed 96 square feet and neither exceeds 64 square feet in sign area.

d.

The size of any street graphic structure upon which an on-site development street graphic is located shall not exceed the permitted sign area and a six-inch border.

(3)

Temporary real estate street graphic. These graphics shall be permitted on properties where an owner is actively attempting to sell, rent or lease such property, either personally or through an agent. No sign permitted by this subsection shall be located closer than 15 feet to any side property line. Such signs shall be removed when ownership has changed or the property is no longer for sale, rent or lease. A sign advertising that a property has been sold shall not be displayed for more than 30 days after it is first put up.

a.

In the RCE, R1, R2, R2A, R3, TH and MH districts and in a C2 zoning district where residential property is being sold, there shall be permitted one on-site, nonilluminated ground-mounted graphic not exceeding six square feet in sign area and three feet in overall height. Property fronting two public streets (not to include corner lots) may have one additional graphic allowing a sign for each public street.

b.

In all other districts, one on-site nonilluminated wall- or ground-mounted graphic not exceeding 32 square feet in sign area, plus a border of not more than six inches in width and not exceeding eight feet in overall height shall be permitted.

c.

The size of any street graphic structure upon which a temporary real estate graphic is located shall not exceed the permitted sign area and border.

(4)

New businesses. A new business, or a business in a new location with no permanent graphics, may obtain a permit for a temporary street graphic of up to 16 square feet in sign area for a period of not more than 60 days or until installation of permanent street graphics, whichever shall occur first. Such a temporary street graphic structure shall not exceed in size the maximum sign area plus a border of six inches in width and shall not exceed eight feet in overall height.

(5)

Signs destroyed. Any business which has its permanent signs destroyed may obtain a permit for a temporary street graphic of up to 16 square feet in sign area for a period of not more than 60 days, or until installation of permanent street graphics, whichever occurs earlier.

(6)

Garage sale graphics. No person shall erect, post or display any garage sale graphic, as defined in Section 118-843, except in compliance with the following specific regulations pertaining to garage sale graphics and garage sales:

a.

Size. No garage sale graphic larger than three square feet in total area shall be placed or displayed on any property.

b.

Time of display. No garage sale graphic shall be posted or displayed on any property for more than three consecutive days and the owners shall remove any posted or displayed garage sale graphics by 6:00 p.m. on the final day of the sale.

c.

Place of posting. No garage sale graphic shall be placed or displayed:

1.

On any part of the right-of-way of Fiske Boulevard, Barton Boulevard, U.S. # 1, Eyster Boulevard, Barnes Boulevard, Murrell Road or Florida Avenue.

2.

On any tree, utility pole, streetlight, street signage, public signage or on other existing sign.

3.

On or near any corner lot so as to interfere with the visibility of the operator of a motor vehicle at or approaching the intersection.

4.

At an elevation higher than three feet above the surface level of the part of any public street nearest to the graphic.

d.

Number of signs. Not more than three garage sale graphics shall be posted or displayed with respect to the same garage sale.

e.

Number of sales per annum. No person shall post or display any garage sale graphic with respect to more than four different garage sales in any consecutive 12-month period of time, nor conduct more than four different garage sales on the same parcel of property within a 12-month period of time, and not more than one garage sale within any 30-day period.

(7)

Banner graphics. These graphics shall be permitted on commercial properties under the following circumstances: grand openings; signs pending placement of permanent signs; or special events. Banner graphics shall comply with the following specific regulations:

a.

Size. No banner shall be larger than 18 square feet.

b.

Time of display. No more than one banner at a time may be displayed on a property at one time, no banner shall be displayed longer than 14 continuous days from the date a permit is issued, no location may have more than four banner permits issued to the site in any 12-month period.

c.

Place of posting. Banners must be attached to the principal structure and may not block the view of windows in the establishment where being posted or in an area approved by the Building Official.

d.

Permits. Permits will be issued by the building department at no charge.

e.

Forfeiture for noncompliance. Each property receiving a permit to display a banner shall abide by the rules and regulations or it will forfeit the ability to apply for another permit for a minimum of one year from the time of compliance. Repeat violations by any applicant shall subject the offender to possible code enforcement action.

(8)

One-family and two-family residences. A parcel of land on which is located a one-family or two-family residence may display not more than two temporary decorative flags with an aggregate display area of not more than 12 feet, excluding temporary embellishments (i.e., real estate sign riders). No individual decorative flag shall exceed six feet, excluding temporary embellishments (i.e., real estate riders), nor exceed eight feet in height.

(9)

Multifamily residences. A parcel on which is located a multifamily residence may display not more than four temporary decorative flags with an aggregate display area of not more than 24 square feet. No individual decorative flag shall exceed six square feet, excluding temporary embellishments (i.e., real estate riders), nor exceed eight feet in height.

(10)

Special advertising events signage. Special advertising events signage may include balloons, twirling signs, flags, pennants, pennant ropes and inflatable air signs securely attached to the ground. Each allowed special advertising events shall not exceed ten days, except for going out of business sales, which can be allowed for up to 30 days and all shall be permitted by the building department.

(11)

Portable LED signs. Portable signs using light emitting diodes, or LED signs, are permitted under the following conditions:

a.

Portable LED signs may only be permitted in commercial or manufacturing districts or as allowed by a special event permit.

b.

Messages displayed through a portable LED sign may scroll but shall not blink, flicker, flash, or be otherwise animated.

c.

Advertising, sale or special event; maximum four seven-day periods for any business establishment within each calendar year. No portable LED sign shall be placed closer than 15 feet to any property line on the premises on which it is located. The electrical extension cable shall be sized in accordance with the National Electrical Code (NFPA 70) but in no case shall the cable exceed 100 feet in length or be placed in such a manner as to be subject to vehicular traffic. No such portable LED sign shall have a total sign area of more than 32 square feet per side. If such sign is not removed within three days after expiration of a permit, the City shall remove the sign in accordance with the provisions outlined in Section 118-855.

(LDR 1990, § 86.04; Ord. No. 1121-96, § 2, 7-17-1996; Ord. No. 1174-98, § 10, 11-4-1998; Ord. No. 1268-2002, § 26, 4-3-2002; Ord. No. 1272-2002, §§ 19—24, 6-19-2002; Ord. No. 1313-2003, § 1, 8-20-2003; Ord. No. 1517-2009, § 2, 1-21-2009)

It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, display or cause to be displayed, or substantially alter or reconstruct, or cause to be substantially altered or reconstructed any street graphic, other than temporary street graphics specifically permitted by this section and street graphics specifically exempted from this section, which does not conform to the following provisions:

(1)

Areas in which permitted. Except where otherwise specifically provided, street graphics shall be permitted only in areas other than residential districts. For purposes of this section, residential districts include all land zoned RCE, R1, R2, R2A, R3, TH and MH as well as that zoned C2 when used solely for residential purposes.

(2)

Building standards.

a.

Permanent street graphics must be constructed of essentially maintenance-free material.

b.

Wall graphics shall not be constructed of paper, cloth, or cloth-like material.

c.

Ground-mounted graphics shall not be constructed of cloth, wood, or wood derivative products. Supports for ground-mounted signs must be constructed of concrete masonry or veneered to enhance the appearance of the sign.

d.

All ground-mounted signs must have the street address displayed with contrasting numerals not less than six inches in height. These numbers will not be contiguous to or be considered sign area.

e.

All signs must be designed by a design professional to withstand the working stress and wind pressures specified by the Standard Building Code.

(3)

Ground-mounted street graphics.

a.

Permissible number of street graphics and permissible sign area. Supports for ground-mounted signs must be of a type of construction other than exposed wood or metal. They shall be covered or veneered to enhance the appearance of the sign. Ground-mounted street graphics shall be permitted in all areas other than residential areas in accordance with the following limitations and restrictions:

1.

Each multiple-occupancy complex, and each occupant not located in a multiple-occupancy complex, with a frontage of less than 100 feet on a public right-of-way may display up to one ground-mounted street graphic having a graphic display area of not more than 32 square feet on each side of the sign, or, if a monument street graphic, a graphic display area of not more than 48 square feet on each side of the sign, provided that no such street graphic may be located closer than ten feet to any side property line.

2.

Each multiple-occupancy complex, and each occupant not located in a multiple-occupancy complex, with a frontage of at least 100 feet but less than 200 feet on a public right-of-way may display up to one ground-mounted street graphic having a graphic display area of not more than 64 square feet on each side of the sign, or, if a monument street graphic, a graphic display area of not more than 96 square feet on each side of the sign, provided that no such street graphic may be located closer than 20 feet of any side property line.

3.

Each multiple-occupancy complex, and each occupant not located in a multiple-occupancy complex, with a frontage of at least 200 feet but less than 300 feet on a public right-of-way may display one ground-mounted street graphic having a sign area of no more than 96 square feet; or, if a monument street graphic, a graphic display area of not more than 120 square feet on each side of the sign, provided at least 16 square feet must be a reader board, provided that no such street graphic may be closer than 35 feet to any side property line or closer than 35 feet to any other street graphic permitted under this subsection.

4.

Each multiple-occupancy complex, and each occupant not located in a multiple-occupancy complex, with a frontage of at least 300 feet or more, including out-parcels on a public right-of-way may, display only monument-style street graphics having a total combined sign area of not more than one square foot of sign area for each four feet of street frontage, or 120 square feet of sign area, whichever is greater; provided that no such street graphic may be located closer than 50 feet to any side property line, or closer than 300 feet to any other street graphic permitted under this subsection, the sign may be expanded another 16 square feet for additional reader board space, if the multi-occupancy complex has over 20 tenants and built as part of the monument graphic sign, in no event shall any street graphic have a sign area in excess of 200 square feet. Those properties meeting the spacing requirements to 300 feet, may place additional entryway signs at each access point, provided each additional sign must be a monument graphic sign and may not exceed 96 square feet in area (including reader board space of 16 square feet).

5.

Interstate highway graphics. The owner, lessee or other party in possession of property constituting a multiple occupancy complex, or of property not located in a multiple occupancy complex, which property is within a distance of 300 feet from any right-of-way line of Florida Interstate I-95 shall be permitted to erect and maintain on said property a ground-mounted street graphic or graphics, hereinafter referred to as an interstate highway graphic, only upon the following terms, limitations and conditions:

(i)

No interstate highway graphic shall be erected, placed or maintained on property lying in any of the following single-family residential zoning districts, viz: R1 (Single-Family Dwelling) District, R2 (Single-Family Dwelling) District, or R2A (Multifamily Dwelling, Low Density) District.

(ii)

No interstate highway graphic on such property shall have a greater area than 200 square feet, including embellishments.

(iii)

No interstate highway graphic on such property shall have a height exceeding 120 feet, measured from mean ground grade level of all land within a radius of 100 feet from the base of the sign. The applicant must provide clear and convincing evidence to the Building Official that signage is needed beyond 20 feet in height to allow their sign to be visual to motorists traveling along Interstate 95, before reaching the on-ramps. The applicant will provide a site plan and engineering showing additional height is needed based upon: orientation of the sign to the property; topography; vegetation; or the built environment. The Building Official will approve the minimum height needed, but in no case shall the height exceed the 120-foot height limit.

(iv)

An interstate highway graphic may only be erected and maintained within a distance of 300 feet from the closest right-of-way line of Florida Interstate Highway I-95.

(v)

No interstate highway graphic shall be erected or maintained closer than 1,000 feet from any other interstate highway graphic.

(vi)

No interstate highway graphic shall be erected or maintained closer than 25 feet from any public right-of-way nor closer than 25 feet from any property line.

(vii)

Interstate highway graphics can contain or consist of any electronic reader board, rotating message board or exterior lighting.

(viii)

No interstate highway graphic shall have more than two signs facing the same direction and mounted on the same base or supports.

b.

Occupants having frontage on more than one right-of-way. Each multiple-occupancy complex, and each occupant not located in a multiple-occupancy complex, with a frontage on more than one right-of-way may display on each secondary frontage one ground-mounted street graphic having a sign area of no more than 24 square feet, provided that no such street graphic may be located closer than ten feet to any side property line.

1.

The maximum allowable height of ground-mounted street graphics within ten feet of a building shall be the roofline or 18 feet, whichever is lower. The maximum allowable height of a ground-mounted street graphic having a clear horizontal distance of at least ten feet from any building shall be 20 feet.

2.

The height of a ground-mounted street graphic shall be measured vertically from the established average grade directly below the graphic to the elevation of the highest point of the graphic.

3.

A ground-mounted street graphic under which a pedestrian walkway passes must have at least a nine-foot vertical clearance.

4.

Projection over a right-of-way is prohibited for all ground-mounted street graphics.

5.

Any ground-mounted street graphic may have a border of up to six inches in width surrounding the permitted sign area.

6.

No street graphic permitted by this subsection shall contain any advertising message concerning any business, goods, products, services or facilities which are not manufactured, produced, sold, provided or located on the premises upon which the street graphic is erected or maintained.

7.

Street graphics shall, to the extent feasible, be located so as to avoid the unnecessary removal of mature trees.

8.

The minimum front yard setback shall be five feet to the leading edge of the sign except for property in the IP zoning district, which shall be 15 feet.

9.

Monument street graphics shall be no less than five nor more than ten feet in width, and not more than 20 feet in height.

(4)

Wall-mounted and marquee street graphics.

a.

Permissible sign area. Wall-mounted and marquee street graphics shall be permitted in all areas other than residential areas in accordance with the following limitations and restrictions:

1.

Each occupant not located in a multiple-occupancy complex may display up to two such street graphics on any one side of the principal building in which such occupancy is located, with a total combined sign area of up to 20 percent of the surface area of such building side or 200 square feet, whichever is smaller. One additional such street graphic, with a maximum sign area of 50 square feet, may be displayed on any other side of such building which faces a public street abutting such occupancy.

2.

Each multiple-occupancy complex may display one such street graphic on one side of the principal building in which such occupancy is located, with a sign area of up to 20 percent of the surface area of such building side or 200 square feet, whichever is smaller. When the multiple occupancy consists of only one principal building, one additional such street graphic, with a maximum sign area of 50 square feet, may be displayed on any one other side of such building which faces a public street abutting the multiple-occupancy complex. Wall-mounted street graphics for a multiple-occupancy complex shall only include identification of the multiple-occupancy complex itself.

3.

Each occupant of a multiple-occupancy complex may display such street graphics on the principal building in which such occupant is located, with the following limitations:

(i)

On each side of such principal building on which part of the exterior wall is included in the occupant's individually leased or owned premises (not including a common or jointly owned area), such occupant may display street graphics as follows:

A.

If such side of the principal building includes the primary entrance/exit to such occupant's premises, the occupant may display in the leased or owned area as many as two such street graphics, with a total combined sign area of no more than ten percent of the surface area of the exterior wall included in such occupant's individually leased or owned premises up to a maximum sign area of 100 square feet. Only one building side will be considered as including any occupant's primary entrance/exit. If the occupant has an entrance/exit on a corner, or on more than one side, the occupant may choose which building side shall count as having the primary entrance/exit.

B.

On any other such building side, an occupant may display within the leased or owned area one such street graphic not exceeding 24 feet in sign area.

b.

General restrictions. All street graphics permitted pursuant to this subsection shall comply with the following general restrictions:

1.

The maximum height for wall-mounted street graphics shall be the roofline or eaves, whichever is lower; for roof graphics, the roofline; and for marquee and projecting graphics, the roofline or 18 feet; whichever is lower.

2.

The height of a marquee or projecting street graphic shall be measured vertically from the established average grade directly below the graphic to the highest point of the graphic.

3.

Where a wall supporting a wall graphic is less than 12 inches back from a right-of-way line, the wall graphic may project over the right-of-way, provided it does not project more than 12 inches from the wall.

4.

Marquee graphics under which a pedestrian walkway passes must have at least a nine-foot vertical clearance.

5.

Projection over a right-of-way is prohibited for all projecting graphics. Projecting graphics may project no more than four feet horizontally from the wall and must be pinned away from the wall at least six inches.

6.

Marquee street graphics are permitted only on marquees, canopies or awnings otherwise lawfully permitted or in existence. Marquee street graphics shall not exceed horizontally beyond the edges of the canopy, marquee or awning to which they are attached or from which they are suspended.

7.

All roof and projecting street graphics may have a border of up to six inches in width surrounding the permitted sign area.

8.

No street graphic permitted by this subsection shall contain any advertising message concerning any business, goods, products, services or facilities which are not manufactured, produced, sold, provided or located on the premises upon which the street graphic is erected or maintained.

c.

Marquee or canopy street graphics. Marquee or canopy street graphics can display up to 50 percent of each side of the facade area of a conforming marquee or canopy not to exceed 12 square feet of sign area on each side of the marquee or canopy facade.

(5)

Permanent development identification graphics and structures.

a.

Subdivision developments. Street graphics of a permanent nature, designed only to identify a subdivision development and including accessory entrance structural features, may be erected upon application to and approval by the Planning and Zoning Commission and in accordance with the following regulations:

1.

Permanent identification graphics and structures shall be permitted only for a total development as approved in a final plat. When considering such graphics, the Planning and Zoning Commission shall consider the location of public utilities, sidewalks and future street widenings.

2.

Graphics and entrance structures shall be for identification purposes only, giving only the name of the subdivision and, for office, business and industrial subdivisions, the name and location of each occupant located therein on individual sign areas of no more than six square feet each.

3.

Only one identification graphic and structure will be permitted at one entrance into such development or subdivision from each abutting street. Such graphic may be a single graphic with two faces equal in size or may be two single-faced structures equal in size located on each side of such entrance way. Each face of such subdivision development graphics shall not exceed 32 square feet in size.

4.

Such street graphics may be illuminated with a steady light, but not animated.

b.

Mobile home parks. Street graphics of a permanent nature designed only to identify the development and indicate availability of dwelling units or mobile home sites and including structural features may be erected only upon application to and approval by the Planning and Zoning Commission in accordance with established procedures for site plan approval and the following regulations:

1.

Permanent identification graphics and structures shall be permitted only for a total development as originally or subsequently approved as shown on the latest approved site plan for developments that require site plan approval. Such graphics and structures shall be erected entirely on private property. These developments not requiring site plan approval shall conform to the requirements of the following Subsections (5)b.2 and 3 of this section.

2.

Such graphics and structures shall be permitted at one entrance into such development from an abutting street. Any street graphic structures for such permitted graphics shall not exceed 16 square feet in size, excluding structural elements and decorative features. Such graphics may be wall- or ground-mounted and may be a single graphic unit with two faces or a single-faced graphic mounted on each side of such entrance way. Where more than one entrance way is approved, one additional graphic, designed for identification only, on a structure not exceeding four square feet in size shall be permitted at each entrance way.

3.

Such street graphics may be illuminated with a steady light but shall not be animated.

c.

Multifamily development.

1.

Freestanding signs.

(i)

Area. One freestanding sign for each street frontage shall be permitted as follows:

A.

Uses of 50 units or less: 24 square feet.

B.

Uses of 51 units to 100 units: 48 square feet.

C.

Uses of over 100 units: 96 square feet.

D.

Corner lots must have their primary entrance on the lower classified roadway entrance and the maximum square footage for entrance signs shall be no greater than half of the allowable square footage noted above (Subsection (5)c.1.(i) of this section). A second sign is allowed on the higher classified roadway, which size shall be no greater than shown above (Subsection (5)c.1.(i) of this section).

(ii)

Location. The sign may be a single sign with two faces of equal size if located within an entrance median within a private roadway or drive, or two single-faced structures of equal size located on each side of the entrance.

(iii)

Height and front setback. Maximum height of any part of the sign shall be ten feet, with a minimum setback of ten feet from any property lines.

(iv)

Side setback. Minimum setback from side lot lines shall be ten feet.

2.

Wall signs. One wall sign may be utilized in lieu of a freestanding sign of a maximum size as specified in Subsection (5)c.1 of this section and following the provisions of Section 118-770. No projecting or roof signs shall be permitted.

d.

Ingress and egress signs.

1.

Maximum number. Two signs, for directional purposes only, shall be permitted at each point of ingress and egress to a parking area as approved on the site plan or plat.

2.

Size. The maximum allowable sign surface area for each ingress and egress sign shall be four square feet. The sign surface area of ingress and egress signs shall not be included in the maximum allowable sign surface area.

3.

Maximum height. Ingress and egress signs shall not exceed four feet in height as measured from the top of the sign to the grade of the road nearest to the base of the sign.

(6)

Determination of sign area, size of street graphic structure, and distance between street graphics.

a.

Distance between street graphics. The minimum required distance between street graphics shall be measured from the closest parts of any two sign areas.

b.

Sign area.

1.

The sign area of any street graphic shall be determined by considering all adjoining or contiguous surfaces upon which any part of such street graphic appears as being one continuous surface. Street graphics contained on noncontinuous surfaces shall be considered as separate graphics. Street graphics contained on different parts of a contiguous surface, except for the surface of a street graphic structure, may be considered as separate street graphics, and the intervening surface area not counted as part of the sign area, of more than one street graphic is permitted and if the distance between the street graphics is sufficient. The sign area of an irregularly shaped surface shall be determined by using an imaginary surface with the shape of a common geometric figure approximating the actual surface as closely as possible.

2.

For all street graphics except wall-mounted graphics, roof graphics which are applied to the roof surface, ground-mounted graphics applied to the surface of a fence or accessory building and marquee, canopy, or awning, the sign area shall be determined by the largest surface area viewable at one time from any one direction parallel to the ground; and any street graphic which appears on the remaining surface area shall not count against the sign areas permitted hereunder. An additional ten percent may be added to the allowable sign area of a monument street graphic if the sign base is surrounded by a permanent raised or defined irrigated landscape area larger than the graphic area.

c.

Size of street graphic structure. The size of any street graphic structure shall be limited so as to appear, from any direction from which any part of the sign area is viewable, to have borders no greater than six inches in width. Larger borders, or larger apparent borders, are allowed only if that part greater than six inches in width is counted as part of the sign area.

(7)

Off-premises street graphics. The following types of off-premises street graphics are permitted only at the locations hereinafter indicated, subject to the conditions, restrictions, and limitations set forth below; and no off-premises street graphic shall be erected, used, operated, or maintained at any location other than as hereinbelow expressly authorized, nor in violation of any of the following regulations:

a.

Single-faced off-premises street graphic: an off-premises street graphic which is designed to be viewed from one direction only.

b.

Double-faced off-premises street graphic: an off-premises street graphic designed to be viewed from two directions. For the purpose of this subsection, the following shall be considered double-faced off-premises street graphics:

1.

A structure having two faces placed back-to-back, provided the backs of the signs are not separated by more than 48 inches.

2.

A structure constructed in the form of a V when viewed from above provided the internal angle at the apex is not greater than 45 degrees and the two faces of the structure are not separated by more than 36 inches at the apex of the V.

c.

Tri-faced off-premises street graphics: an off-premises street graphic designed to be viewed from three directions. The separation of the faces of the graphic at the apex of each corner of the triangle shall not be more than 36 inches.

d.

Off-premises street graphics are permitted only in the C2 (general commercial), M1 (light industrial) or M2 (planned industrial) zoning districts, and only on property fronting on a highway which is part of the federal-aid primary highway system.

e.

No off-premises street graphics shall have more than one face from one direction.

f.

Maximum height, including supports and face: 30 feet.

g.

Any off-premises street graphic, the face of which extends over a vehicular travel way, shall have a minimum ground clearance of 14 feet.

h.

No portion of the supporting structure shall be visible above the advertising display area.

i.

Flashing beacon or running lights are prohibited on off-premises street graphics.

j.

Lights shall be directed to prevent glare of direct illumination onto rights-of-way, vehicular travel ways or nearby residential districts.

k.

Each graphic face must be completely covered when an advertising message is posted. If the message is smaller than the graphic dimensions, skirting or screening shall be used to achieve conformity.

l.

Maximum copy area, including embellishments, for graphics on limited access highways shall be 300 square feet.

m.

On all other highways, off-premises street graphics shall be a maximum of 300 square feet, exclusive of embellishments. Embellishments shall not project more than five feet over the top of the graphic and two feet from the sides of the graphic. The total size of any graphic, including embellishments, shall not exceed 300 square feet. Skirting on a graphic shall not exceed two feet in height and shall contain no advertising other than the graphic owner's name and identification.

n.

No off-premises street graphic shall be permitted within 2,500 feet of any other off-premises street graphic located on the same side of the highway. An off-premises street graphic visible to traffic in one direction only, the back of which street graphic is completely hidden by a building or other permanent obstruction not readily removable from the property, shall not be considered when applying the spacing requirements to graphics visible to traffic approaching in the opposite direction.

o.

No off-premises street graphic shall be located closer than 15 feet from any front or rear property line or 50 feet from any side property line. No off-premises graphic shall be located within the triangular area formed by measuring 25 feet from the point of the intersection along the right-of-way lines and connecting the points by a line. No graphic shall be located within a 100-foot radius from the intersection of the centerline of road right-of-way and the nearest railroad track. Off-premises sign graphics shall not be located within 500 feet of any interchange, intersection at grade or toll plaza on a limited access highway. The 500 feet shall be measured along the right-of-way line from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.

p.

The wiring supplying electrical power to an off-premises street graphic shall be installed underground.

q.

Off-premises street graphics shall be allowed only on a property site where there is at least a clear, unobstructed and unimproved area of not less than 50 feet on all sides of the sign. A building permit will not be issued for the construction, placement or installation of any building or structure if any part of such building or structure is to be located within 50 feet of any part of an existing sign. A public road shall not be deemed to be an obstruction, or a structure, within the meaning of this subsection.

(8)

City franchise signs are those illuminated street identification signs and commercial signs constructed, erected, maintained and operated by an exclusive franchisee, who has entered into a franchise sign agreement with the City. The City Council may, by resolution, designate other City agencies to negotiate and execute franchise sign agreements with or without the need for further City Council review of the terms as directed in the enabling resolution. A petition for a franchise sign agreement requiring City Council approval shall be accomplished by a separate resolution. City franchise signs may be erected subject to the following requirements:

a.

The sign shall be designed and installed by the franchisee who has been approved in accordance with City Council ordinances.

b.

The sign shall include the street name identification and a portion for commercial/public information purposes.

c.

The sign shall not project into the State Department of Transportation right-of-way, without specific consent from the State Department of Transportation.

d.

The sign shall not project into the city's right-of-way more than five feet, unless approved by the City Manager.

e.

The sign shall not be located closer than 19 feet to the paved surface of the right-of-way, unless approved by the City Manager.

f.

The commercial user must be a business located in the City with a current business tax receipt or a business located outside the City boundaries and not otherwise competing with a City business existing or established in the future.

g.

Signs bearing public information as designated by the City Manager may be located anywhere within the City and may exclude the street name identifications.

h.

A minimum of nine feet from ground elevation to the bottom of the sign is required with a maximum height of 15 feet, unless authorized by the City Manager.

i.

Fees associated with the franchise signs shall be specified in the current Land Development Regulations, schedule of fees which is available at the office of the City Clerk.

j.

Electrical service installation and billing charges for usage, if any, shall be the franchisee's responsibility.

k.

The franchisee shall provide a sealed survey identifying the right-of-way boundary and the paved surface as part of the application for the sign permit.

l.

Signs including a commercial portion shall be located on named street intersections.

m.

A commercial user must, as a part of the application for a sign permit, provide the City with a signed agreement including the following:

1.

The total sign area in use at the commercial user's business location based on the requirements established in these LDRs.

2.

The commercial portion of the City franchise sign shall be included in the computation of the maximum allowable signage at the business location. The commercial user shall not display more than the maximum permitted signage allowed by code. The commercial user must agree to reduce the signage displayed at the business location to an amount not exceeding the maximum permitted when the business requests a permit for a new/replacement of a ground/pole mounted sign; the business requests a permit for reconditioning an existing ground/pole sign; the business requests a change of copy permit for a ground/pole sign or upon expiration of four years from the date of the permit application, whichever shall occur first. Failure of a business to comply with signage reduction requirement shall constitute grounds for nonrenewal of the business' business tax receipt.

n.

The franchisee shall be responsible for providing the information required for a sign permit application.

o.

The materials used by the franchisee in the making of the signs shall be approved by the City Manager.

(LDR 1990, § 86.05; Ord. No. 990-91, §§ 1—3, 1-9-1991; Ord. No. 1037-92, §§ 1—3, 9-16-1992; Ord. No. 1120-96, § 40, 8-14-1996; Ord. No. 1186-99, §§ 17—23, 7-21-1999; Ord. No. 1211-2000, § 9, 4-5-2000; Ord. No. 1268-2002, 27, 4-3-2002; Ord. No. 1315-2003, § 1, 9-3-2003; Ord. No. 1342-2004, §§ 1—4, 3-10-2004; Ord. No. 1417-2006, § 1, 8-16-2006; Ord. No. 1551-2010, §§ 1, 2, 6-16-2010)

As of June 19, 2002, portable street graphics will be prohibited in the City, except for advertising nonprofit events and City functions.

(LDR 1990, § 86.06; Ord. No. 1120-96, § 41, 8-14-1996; Ord. No. 1186-99, §§ 24—26, 7-21-1999; Ord. No. 1272-2002, § 25, 6-19-2002)

(a)

Political or campaign signs advertising on behalf of candidates for public officers or issues or referenda are permitted in all zone districts except R1, R2, R2A, R3, TH, MH and residential areas of PUDs, subject to the following regulations:

(1)

Such signs shall be erected by a bona fide candidate or campaign committee upon qualifying for said election and shall be removed within five days following the election.

(2)

Before such signs are erected, the candidate or political action committee placing the political sign, or their representatives, shall pay a cash bond in the amount set forth in Chapter 124, Fees and register a permanent address and phone number to the City Clerk. Such bond shall be returned to the candidate or political action committee after their signs are removed. If the candidate or political action committee fails to remove said sign within the required five days after the election, the candidate or political action committee will be notified in writing of the violation. If said signs are not removed within five days of such written notice, the bond shall be forfeited and the City may remove said signs. Such removed signs shall be held by the City for a period of 30 days. During this period, and during regular City business hours, the candidate or political action committee may claim their signs, but shall pay a service charge in the amount set forth in Chapter 124, Fees to the City for each sign claimed. Any signs not claimed within 30 days shall become the property of the City.

(3)

Only one stationary sign per candidate or referendum issue on any one parcel of land.

(4)

No political sign shall exceed 32 square feet in aggregate area and if detached shall not be erected in such a manner as to constitute a roof sign. Notwithstanding the provisions of this subsection, a sign may be placed upon any legally existing sign structure but not so as to cover an existing sign.

(5)

No sign shall be located in, on, or over the public right-of-way and no sign shall obstruct, impede or otherwise create a hazardous condition for the safe and normal flow of pedestrian or motor vehicle traffic. No sign shall be erected on private property without the consent of the property owner. In case of violation, any illegal signs will be removed by the City. Such removed signs shall be held by the City for a period of 30 days following Election Day. During this period, and during regular City business hours, the candidates may claim their signs, but shall pay the City a service charge in the amount set forth in Chapter 124, Fees for each sign claimed. Any signs not claimed within 30 days following Election Day shall become the property of the City.

(6)

No political, referendum issue or campaign sign shall be placed on any tree, utility pole or fence post. In case of violation, the candidate or political action committee will be notified in writing to remove said signs. If the signs are not removed within 24 hours of such written notice, any signs so placed will be removed by the City. Such removed signs shall be held by the City for a period of 30 days following Election Day. During this period, and during regular City business hours, the candidates may claim their signs but shall pay the City a service charge in the amount set forth in Chapter 124, Fees for each sign claimed. Any signs not claimed within 30 days following Election Day shall become the property of the City.

(b)

Political or campaign signs advertising on behalf of candidates for public office or issues or referenda are permitted in R1, R2, R2A, R3, TH, MH and residential areas of PUDs subject to the following regulations:

(1)

Such signs shall be erected by the property owner or tenant for a bona fide candidate or campaign committee upon qualifying for said election and shall be removed within five days following the election.

(2)

Only one stationary sign per candidate or referendum issue, with a maximum of three signs on any one parcel of land or lot shall be allowed.

(3)

No political sign shall exceed three square feet in aggregate area nor be constructed in such a manner as to constitute a roof sign. If the sign is detached from the building, it shall not exceed a height of four feet above the existing grade and shall be placed within three feet or less of the front building line.

(4)

No sign shall be located in, on, or over the public right-of-way and no sign shall obstruct, impede or otherwise create a hazardous condition for the safe and normal flow of pedestrian or motor vehicle traffic. In case of violation, the property owner or tenant will be notified in writing to remove said sign. If the signs are not removed within 24 hours of such written notice, any signs will be removed by the City. Such removed signs will be held by the City for a period of 30 days following Election Day. During this period, and during regular City business hours, the candidates, property owner or tenant may claim their signs, but shall pay the City a service charge in the amount set forth in Chapter 124, Fees, for each sign claimed. Any signs not claimed within 30 days following Election Day shall become the property of the City.

(5)

No political, referendum issue or campaign sign shall be placed on any tree, utility pole or fence post. In case of violation, the candidate or political action committee will be notified in writing to remove said signs. If the signs are not removed within 24 hours of such written notice, any signs so placed will be removed by the City. Such removed signs shall be held by the City for a period of 30 days following Election Day. During this period, and during regular City business hours, the candidate may claim their signs, but shall pay the City a service charge in the amount set forth in Chapter 124, Fees, for each sign claimed. Any signs not claimed within 30 days following Election Day shall become the property of the City.

(LDR 1990, § 86.07)

Changing message devices are permitted in business, office and industrial districts. They may be ground-mounted, projecting or attached to the wall and are subject to the regulations applicable to the ground-mounted, projecting and wall-mounted graphics. A minimum of 25 percent of message time shall be dedicated to public service messages.

(LDR 1990, § 86.08)

(a)

Colored light in graphics.

(1)

White and yellow are the only colors of lights permitted for graphics in areas zoned residential or zoned P1 district, except for Christmas or seasonal lighting.

(2)

Colored lights in other areas shall be designed to prevent confusion with traffic lights.

(b)

Floodlight illumination of graphics. Floodlight illumination of graphics is permitted, provided that the floodlight or spotlight is positioned so that none of the lights shine onto an adjoining property or in the eyes of motorists or pedestrians.

(c)

Bare bulb illumination of graphics. Bare bulb illumination of graphics is permitted only in districts zoned C1, C1A, C2, M1, M2 and IP.

(d)

Flame. Flame as a source of light for graphics is permitted if adequate fire safety standards are complied with as prescribed by applicable City ordinances.

(LDR 1990, § 86.09)

(a)

Permit required. It shall be unlawful to erect, cause to be erected, maintain, cause to be maintained, alter or extend any new or existing street graphic without first obtaining a permit indicating compliance with the provisions and regulations of this division, except as hereinafter provided. No permit shall be required for the following graphics, provided that such graphics are in compliance with the terms and provisions of this section; and provided, further, that such graphics have no electrical parts or usage:

(1)

Graphics exempt from the provisions of this division;

(2)

Temporary real estate graphics;

(3)

Graphics which are a permanent architectural feature of the building or structure, such as a cornerstone or other identifying letters carved into or embossed on the building, provided such letters are not illuminated apart from the building, are not made of a reflective material, and do not contrast in color with the building;

(4)

Graphics with a sign area of six square feet or less;

(5)

Panels or letters incorporated in a larger graphic identifying the tenants or occupants of a premises which is identified by the larger graphic provided a permit has been issued for the larger graphic; and

(6)

Any change in the advertising content of a graphic, provided a permit has been issued for the graphic and the advertising content does not violate any provisions of this division.

(b)

Inspection. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any street graphic which has not been inspected at the time of initial installation.

(c)

Fees. Applications for a permit to erect, construct, alter or extend a graphic shall be accompanied by a fee in the amount established by the building code as set out in Chapter 104.

(d)

Expiration of permit. Any permit issued pursuant to this division shall expire six months after its date of issuance unless the permitted street graphic is erected or unless its erection is substantially under way.

(e)

Penalty. In addition to other penalties provided by this section, a fee of double the amount specified for a permit shall be charged for any work commenced before a permit therefor has been issued or renewed after the expiration date.

(LDR 1990, § 86.10)

All applications for street graphics permits required by this section shall be filed by the owner, or the owner's agent, in the office of the Building Official, upon forms furnished by the City. Said applications shall describe and set forth the following:

(1)

The type of street graphic as defined in this section.

(2)

The actual cost of the street graphic.

(3)

The street address of the property upon which said street graphic is to be located and the proposed location thereof on said property. In the absence of a street address, a method of location acceptable to the Building Official shall be used.

(4)

The height, shape and dimensions of the street graphic structure, if any, and the dimensions and shape of the sign area.

(5)

The name and address of the owner or other person in control or possession of the real property upon which said street graphic is to be located.

(6)

Written consent of such owner, the owner's lessee or the owner's agent granting permission for the construction, operation, maintenance or display of the street graphic.

(7)

A plan, sketch, blueprint, blue line print or similar presentation drawn to scale, showing all pertinent structural details, wind pressure requirements, and display materials in accordance with the requirements of the Standard Building Code.

(8)

A map showing the location of the proposed street graphic.

(9)

The name of the sign contractor, if any.

(10)

Any other information reasonably required by the Building Official to determine whether such street graphic is in compliance with the requirements of this division.

(LDR 1990, § 86.11)

(a)

Any street graphic not allowed by this division but for which a permit has previously been issued by the City shall automatically become a lawful nonconforming street graphic. The owner of any other street graphic not allowed by this division, or the owner of any property upon which such street graphic is located, shall have a period of six months from the effective date of the ordinance from which this section is derived to establish to the satisfaction of the Building Official that such street graphic was in compliance with the laws and ordinances of the City when it was constructed. The Building Official shall maintain the list of such street graphics, which shall continue to be lawful nonconforming street graphics. At the expiration of said six-month period, all other street graphics which are not in compliance with the terms of this division shall immediately be removed or brought into compliance with this section.

(b)

All nonconforming street graphics shall be permitted to continue as nonconforming uses with the following limitations:

(1)

Street graphics not conforming to the requirements of this division shall be removed or made to conform when the structure housing the occupancy is demolished or requires renovations the cost of which exceeds 50 percent of the assessed value of the structure.

(2)

All nonconforming street graphics shall be removed or made to conform when the street graphic is substantially demolished.

(3)

Neither the overall size nor the sign area of a nonconforming street graphic may be increased, nor may the height be increased, nor may the location be changed, nor may the use of the property on which it is located be changed, unless said street graphic is made to conform to the requirements of this division.

(4)

A street graphic, or at least any advertising message of a street graphic, now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, on the premises shall be taken down and removed by the owner, agent or person having beneficial use of the building, structure or land upon which such street graphic shall be found within 30 days after written notice by the enforcing official.

(5)

A street graphic which on July 18, 1984, became nonconforming as an off-premises street graphic shall be removed or made to conform to the requirements of this division within five years from July 18, 1984.

(LDR 1990, § 86.12)

It shall be unlawful to own, maintain or cause to be maintained any sign or street graphic without full compliance with the following requirements:

(1)

All signs and faces, sign graphics supports, braces, guys, anchors, and trim shall be kept in good repair.

(2)

Weeds shall be kept cut in front of, underneath, and around the base of the ground-mounted and other street graphics, and no rubbish or debris shall be permitted.

(3)

The Building Official may, upon inspection of any street graphic, require proof of compliance with Section 118-847(5) for any conforming or lawful nonconforming street graphic allowed by this division.

(4)

Signs and other street graphics shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings and must be maintained at all times in such safe conditions so as not to be detrimental to the public health and safety.

(LDR 1990, § 86.13; Ord. No. 1186-99, § 27, 7-21-1999)

(a)

Enforcing Official. The Building Official, or any official designated by the Building Official, shall be the Enforcing Official. The Enforcing Official is charged with the duty of administering the provisions of this division and securing compliance therewith. In furtherance of this responsibility, the Enforcing Official shall:

(1)

Make such inspections as may be necessary to effectuate the purposes and intent of this division and to initiate appropriate action to bring about compliance with this division if such inspection discloses any instance of noncompliance.

(2)

Investigate thoroughly any complaints of alleged violations of this division, and indicate clearly in writing as a public record in the Building Official's office the disposition made of such complaints.

(3)

Order in writing as set out below the remedy of all conditions or all violations of this division found to exist in or on any premises.

(4)

State in the violation order a time limit for compliance herewith as hereinafter set out.

(5)

Take appropriate legal action or enforcement measures through the Code Enforcement Board upon the failure of the responsible party to comply with such violation order by the time specified therein.

(b)

Entry authorized. The Enforcing Official or the Enforcing Official's agent is authorized and directed to lawfully enter in and upon all premises at reasonable times to determine their condition insofar as the provisions of this division are applicable, and to obtain search warrants when necessary to do so.

(c)

Action upon determination of violation. Whenever the Enforcing Official determines that a violation of this division exists, the enforcing official shall take action as follows:

(1)

Give written notice of the violation to the occupant and the owner shown on the most recent tax roll of the City, and to the holder of the certificate of occupancy, if different from both the occupant and owner.

(2)

The notice shall include:

a.

A description of the location of the property involved, either by street address or by legal description.

b.

A statement indicating the nature of the violation and reason or reasons why the notice of violation is issued.

c.

A specification of the section or subsections of this division upon which the notice of violation is based.

d.

A general description of the things that are required to be done in order to comply with the provisions of this division.

e.

A statement showing the time within which the work must be accomplished in order to comply with the provisions of this division as follows:

1.

Nonpermanent graphics. For all unlawful and prohibited street graphics as specified in Section 118-844(a) and (b), temporary street graphics as defined in Section 118-845, and all other signs of a nonpermanent nature, violation shall be corrected or abated immediately. Changing the location or copy of a nonpermanent graphic upon the premises shall not constitute compliance with this division.

2.

All other graphics. For all graphics not specified in Subsections (c)(2)e.1 of this section, the time may not be less than ten days nor more than 90 days from the date of such written notice; provided, however, that any condition found to exist in violation of this division which constitutes a hazard to the public safety shall be required to be abated immediately.

f.

The name or names of the persons upon whom the notice of violation of this division is served.

g.

A statement advising that upon the failure to comply with the requirements of the notice, the City shall take such enforcement procedures as may be permitted by the Rockledge Code of Ordinances in order to secure compliance and to punish for continued violation.

h.

A statement advising of the procedures for review of the action of the enforcing official, when available, as set out in this division.

(d)

Service of notice.

(1)

Service of written notice required by this division shall be deemed complete if the notice is personally delivered to the persons required under the provisions of this division to be served with such notice and if the same cannot reasonably be personally delivered within the City, then service shall be deemed complete upon sending same by certified mail, return receipt requested, to the last known address of such persons and by posting a copy of such notice in a conspicuous place on the premises.

(2)

The enforcing official shall endorse on a retained copy of the written notice the manner of service of the notices as are hereby required.

(e)

Effect of notice. When a notice served in accordance with this division is not appealed within the time limit prescribed hereinafter, or when such a notice is appealed and the decision of the Enforcing Official is not reserved, or when no appeal is provided for herein, the notice becomes an order. If the notice is appealed and modified, the modified notice becomes an order. Such an order shall be effective as to every day the violation continues, from the first day of the violation until the date the order is complied with.

(f)

Enforcement procedures. When a notice of violation becomes an order, the enforcing official shall take such steps as are necessary to enforce compliance with the order, which steps may include, but are not limited to:

(1)

Prosecution before the Code Enforcement Board for each day of the violation, from the first date of the violation until the order is complied with;

(2)

Requesting the assistance of the City Attorney to seek injunctive or other relief; or

(3)

Initiating proceedings for revoking the certificate of occupancy for the premises on which the violation occurred.

(g)

Removal and disposition of snipe signs, garage sale signs, and street graphics unlawfully placed in public rights-of-way. Any prohibited snipe sign, garage sale sign, or street graphic described in Section 118-844, herein referred to as sign, unlawfully placed, erected, affixed or existing in any public street, road, highway, alley or right-of-way in the City in contravention of any provision of these regulations shall be removed and confiscated by the Code Enforcement Officer immediately upon discovery, in furtherance of the intent and purpose of this part as stated in Section 118-842, and any such sign shall be dealt with in the following manner:

(1)

If the sign is designed and constructed for temporary use only, and is made, fabricated or constructed of materials having a minimal and negligible durability and value, such as paper, cardboard, plywood, plastic, or like material, the Code Enforcement Officer shall summarily destroy or dispose of such sign at a sanitary landfill or by other means of permanent disposition without prior investigation as to the ownership or origin thereof, or notice to the owner.

(2)

If the sign is designed and constructed for extended and protracted use and is made, fabricated or constructed of materials having more substantial durability and significant value than that described in the preceding Subsection (1) of this subsection (g), the Code Enforcement Officer shall as soon as practicable after removal of the sign make a reasonable investigative effort to ascertain the identity of the owner of the sign. If the identity of the owner is ascertained, the Code Enforcement Officer shall promptly notify such owner in writing that the sign has been confiscated and may be redeemed by the owner within ten days after the owner's receipt of such notice and payment by the owner to the City of a per-sign administrative fee in the amount set forth in Chapter 124, Fees. In such event, if the owner of the sign requests possession of the sign in writing and pays the per sign administrative fee within the ten-day period immediately following such owner's receipt of the aforesaid notice, the Code Enforcement Officer shall surrender possession of the sign to the owner. If the owner fails to request possession of the sign in writing, pay the r per sign administrative fee, and collect the sign at the City Hall, all within the ten-day period immediately following the owner's receipt of the aforesaid notice, the Code Enforcement Officer shall, upon the expiration of said ten-day period, destroy or dispose of such sign at a sanitary landfill or by other means of permanent disposition without further notice to the owner. If the Code Enforcement Officer has conducted a reasonably thorough investigative effort to determine the identity of the owner of the sign and has been unable to ascertain the identity of the owner and furnish such owner with written notice of the confiscation of the sign as above provided within a period of 15 days immediately following the confiscation of the sign, the Code Enforcement Officer shall, at the expiration of said 15-day period, destroy or dispose of such sign at a sanitary landfill or by other means of permanent disposition without further effort to locate or notify the owner.

(LDR 1990, § 86.14; Ord. No. 1001-91, § 1, 6-19-1991)

There is hereby established an Appeals Board for violations of this division. The Board of Adjustment shall serve and perform the duties of such Appeals Board under the provisions set forth herein. Appeals may be heard and decided by the Board of Adjustment when it is alleged that there is an error in any notice, order, requirement, decision or determination made by the Enforcing Official or any other administrative official of the City in the enforcement of this section, except for notices of violations regarding unlawful and prohibited street graphics as specified in Section 118-844(a) and (b). Such appeals must be filed with the Board of Adjustment within ten days of the date of the notice, order, requirement, decision or determination sought to be reviewed. The authority of the Board of Adjustment shall be limited to:

(1)

Upholding or reversing the Enforcing Official or other administrative officer in such Official's determination of facts and interpretation of the provisions of this division.

(2)

In case of a notice of violation, modifying such notice if the actions required by such notice to be done to correct the violation are not the minimum necessary to comply with the requirements of this section. A fee established by resolution shall be paid to the City Clerk at the time any notice of appeal is filed with the Board of Adjustment.

(LDR 1990, § 86.15)

It shall be unlawful for any person to erect, cause to be erected, maintain or cause to be maintained any street graphic in the City without full compliance with the restrictions, requirements and provisions of this division and no person shall violate any provision of this section. Any person unlawfully violating any provision of this division shall be guilty of an offense against the City and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment. In addition to the punishment hereinabove authorized, the provisions of this division and the zoning regulations adopted hereby may also be enforced through the powers and authority of the Code Enforcement Board, as authorized by State Statutes and City ordinances, or by suit for prohibitory or mandatory injunctive relief, or by any other lawful remedy existing at law or in equity for the enforcement of municipal ordinances.

(LDR 1990, § 86.16)