The maps delineating the boundaries of the various zoning districts, together with all items shown on such maps, are adopted and approved by the City Council. These documents collectively constitute the "official zoning map." The official zoning map is incorporated by reference and made a part of the Land Development Regulations. This map is on file in the office of the Administrator and in the office of the Clerk of the City of Titusville. All amendments to the official zoning map shall be listed in the order adopted in a separate register maintained in and kept current by the Administrator. The official zoning map carries the zoning district designations established in this chapter.

(a)

Location of district boundary lines.

(1)

Where district boundaries are indicated as approximately following the center line of streets, alleys, or right-of-way lines of highways, such lines shall be construed to be such district boundaries.

(2)

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.

(3)

Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.

(4)

Where the boundary of a district follows a stream, lake or other body of water said boundary line shall be construed to be the limit of the jurisdiction of the City of Titusville, unless otherwise indicated.

(5)

All areas within the corporate limits of the City which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two (2) or more districts the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

(6)

Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation. All areas included in the vacation shall be subject to all regulations of the extended districts.

(7)

Where district boundaries are indicated as following platted lot lines, such lot lines shall be construed to be the district boundaries.

(8)

Where district boundaries are indicated by specific dimensions, such specific dimensions shall control.

(9)

Where district boundaries divide platted lots or cross un-subdivided property, and where no specific dimensions are indicated on the zoning map, the scale of the zoning map shall control.

(10)

Where the street or property layout or other physical features existing on the ground are at variance with the zoning map, or where other uncertainties exist as to interpretation of the future land use map, the City Manager or his designee shall interpret the map to fix the exact location of the boundaries.

(b)

Provisions for parcels divided by district boundaries. Where any parcel of land is divided into two (2) or more zoning districts, the regulations of each individual district shall apply to that part of the parcel so zoned, except that when a parcel is divided into two (2) or more residential districts, the permitted intensity of development may be averaged over the entire parcel as long as the remaining applicable dimensional requirements are followed.

(c)

Unzoned property generally. If, because of error or omission in the zoning map, any property in the City is not shown as being in a zoning category; or if property in newly-annexed territory is unzoned; or if the zoning of any property is vacated or invalidated, for any reason, either judicially or legislatively; then the classification of any of such properties shall be deemed to be Open Space and Recreation (OR) unless and until a different zoning is provided for such property by ordinance amending the zoning map; and, until such amendment is provided for, no use may be made of any such property except in accordance with the regulations for the OR district.

(d)

Unzoned property owned by governmental agency. Any unzoned land owned by a governmental agency may be exempted by the City Council from compliance with these district regulations, and from the requirements of applying for a specific zoning category, for any proposed development, expansion, or change of use, based upon a specific proposed site plan and following recommendation by the Planning and Zoning Commission.

Landscape buffers between uses shall be determined according to the "Required Landscape Yard Type" table specified in Chapter 30, Article III, Division 10.

Where sections of these regulations are in conflict, the more restrictive section shall prevail. In the event of a conflict between the City-wide Land Development Regulations and the regulations specific to the Downtown Mixed-Use Smart Code, the regulations in the Downtown Mixed-Use Smart Code shall prevail.

(a)

In all districts, except residential districts, no building or structure shall be erected on a parcel of land which does not abut a public street for a minimum of twenty (20) feet.

(b)

In Residential Estate (RE), Rural Residential (RR), Single-Family Low Density (R-1A), Single-Family Medium Density (R-1B), and Single-Family High Density (R-1C) districts, no dwelling shall be erected on a lot which does not abut at least one (1) public street for at least sixty-five (65) feet, except that a minimum street abutment distance of twenty-five (25) feet shall apply to properties of an irregular shape provided that the minimum lot width is met at the building line. These requirements shall not apply to lots created through the Lot Split and Small-Scale Plat process contained in Chapter 34, Article III, Division 2 and Division 4.

(c)

In all other residential districts, access, in lieu of frontage, may be provided to lots platted in accordance with Chapter 34, Article III. Access shall meet the requirements contained in Chapter 28, Article I.

The Downtown Mixed-Use (DMU) zoning district is specific to the Downtown Community Redevelopment Agency (DCRA). It is recognized that the DCRA has unique characteristics and development patterns, which the DMU zoning district compliments and enhances. The regulations specific to the DMU zoning district are located throughout the code, and major categories of regulations can be found in the following locations:

(a)

Administration, relationship to the Comprehensive Plan and City-wide Land Development Regulations and establishment of the sub-districts within the DMU zoning district are located in Chapter 28, Article III.

(b)

Use Regulations and Development Standards are located in Chapter 28, Article IV through Article IX.

(c)

Parking Regulations are located in Chapter 30, Article III, Division 9.

(d)

Landscaping Regulations are located in Chapter 30, Article III, Division 10.

(e)

Signage Regulations are located in Chapter 32, Article II.

(a)

In addition to the applicable requirements contained elsewhere in these regulations, all property developed after the date of adoption of this section and zoned Single-Family High Density (R-1C), Multifamily High Density Residential (R-3), Tourist (T), Neighborhood Commercial (NC), Community Commercial (CC), Office Professional (OP), Light Industrial Services and Warehousing (M-1) and Public (P), that is located in a Downtown Mixed-Use land use as shown on the adopted Future Land Use Map shall comply with the following additional requirements:

(1)

Tourist (T), Neighborhood Commercial (NC), Community Commercial (CC), Office Professional (OP), and Light Industrial Services and Warehousing (M-1) zoning shall be permitted where:

a.

Property has frontage on and access only from a collector of higher roadway; or

b.

Property has frontage on Orange Street; or

c.

Property has frontage on Buffalo Road; or

d.

Property abuts a railroad right-of-way.

(2)

Ground signs shall not exceed fifteen (15) feet in height.

(3)

Fences, walls, and/or screens exceeding thirty (30) inches in height shall be prohibited forward of the front or street side facade of the principal structure.

(4)

If all required off-street parking can otherwise be accommodated on site, the required front and street side setbacks can be substituted with a minimum ten-foot deep landscaped buffer area. Within this area, impervious coverage shall not exceed three hundred (300) square feet in any front or street side yard.

(5)

In the Neighborhood Commercial (NC), Office Professional (OP) and Light Industrial Services and Warehousing (M-1) zoning districts, outdoor storage, retail sales and/or display shall be prohibited between the principal structure and any road right-of-way.

(6)

In the Tourist (T) and Community Commercial (CC) zoning districts, outdoor retail sales and display may be permitted as a Conditional Use within the DMU Land Use designation except as noted:

a.

A conditional use permit shall not be required for retail sales and display of automobiles.

b.

Outdoor retail sales and/or display shall not be permitted when such activity is specifically prohibited by use restrictions within the particular zoning district.

(7)

Outdoor storage is permitted in the rear and interior side area provided this area is enclosed with a six-foot high opaque screen and no items so stored are visible over the enclosure/opaque screen.

(8)

A conditional use permit shall not be required for outdoor storage and/or display in the Public (P) zoning district.

(a)

Use. The use of a trailer, mobile home or residential coach as a dwelling or living unit on any lot, other than licensed and approved mobile home park within the corporate limits of the City, shall not be permitted, except as otherwise herein provided.

(b)

Conditional use permit for trailers and mobile homes.

(1)

Security purposes. Any person, firm or corporation may apply for a conditional use permit to the provisions of paragraph (a), in accordance with the provision and terms outlined herein, for the temporary location of trailers or mobile homes for security purposes in the following zoning districts: Community Commercial (CC), Regional Commercial (RC), Light Industrial Services and Warehousing (M-1), Industrial (M-2), Highway Industrial Infill (M-3), and Public (P) zoning districts. The Conditional Use Permit shall be for a period of one (1) year from the date of approval by Council. All applications submitted under the provisions of this paragraph shall include a binding site plan meeting the requirements of Section 34-205 of the Land Development Regulations. The purpose and intent of this requirement is to provide for the replacement of the temporary trailer/mobile home with a permanent activity within the one (1) year temporary permit period. Such temporary permit may be extended for a period not to exceed six (6) months by the City Building Official, under the conditions that the applicant has obtained the necessary permits to begin construction of the permanent structure and has initiated construction activity.

(2)

Church school purposes. Any religious institution may apply for a conditional use permit to the provisions of paragraph (a), in accordance with the provisions and terms outlined herein, for the location of trailers or mobile homes for the sole purpose of conducting church school or Sunday School classes, not to include day care/school purpose. Said trailer or mobile home shall be located on the same premises on which the principal house of worship is located. The Conditional Use Permit shall be for a period of one (1) year from the date of approval by City Council and may be renewed in accordance with the above procedure stated in subsection (b)(1).

(c)

Design requirements. Prior to the issuance of the permit, the Building Official shall inspect the property to determine whether or not the applicant meets the following design requirements:

(1)

Location of parcel. No mobile home shall be located in an area which would constitute a health or safety hazard to the residents.

(2)

Screening. The mobile home unit shall be screened from the public right-of-way and from surrounding property by a planted and/or structural screen of sufficient height to block visual access to the mobile home. Planted screens shall achieve opacity within six (6) months. The City Council may waive this requirement upon showing there is no need for screening.

(3)

Density. No more than one (1) mobile home unit shall be allowed on a parcel except in a mobile park.

(4)

Minimum site size. A minimum of four thousand (4,000) square feet with a minimum width of fifty (50) feet and a minimum depth of eighty (80) feet.

(5)

Height and setback requirements. No mobile home or accessory structure shall exceed twenty (20) feet in height. All setback and lot coverage requirements of the zoning district of the site shall be required to be met. No mobile home shall be located closer than ten (10) feet from any other structures on the site.

(6)

Anchorage of mobile homes. Each mobile home site shall provide an adequate foundation for the placement and tie down of the mobile home, per standard building code requirements.

(7)

Parking. Two (2) stabilized off-street parking spaced. See Chapter 30, Article III, Division 9, for parking requirements.

(8)

Porches, cabanas, awnings and accessory additions. Porches and other additions to the mobile home shall be permitted provided the setback requirements are complied with. Only one (1) porch, cabana or awning shall be permitted to a mobile home site. No addition to a mobile home shall exceed ten (10) feet in height. All porch, cabana, awning and carport additions shall be constructed so as to permit dismantling and storage within eight (8) hours. The floors of such additions to mobile homes shall be of concrete or other hard-surfaced material. No addition to a mobile home shall contain kitchen facilities or plumbing.

(9)

Water supply. Each mobile home shall be connected to the City's water supply system in accordance with the Code of Ordinances and the statutes and regulations of the State of Florida, and shall be separately metered for the purpose of billing.

(10)

Sewage disposal. City of Titusville plumbing codes shall apply to all mobile home units and with the statutes and regulations of the State of Florida. All mobile home shall be connected to the sanitary sewer system.

(11)

Electricity. Electricity and grounding for each mobile home site shall be provided in accordance with the Code of Ordinances of the City of Titusville. Each mobile home site shall be individually metered by the supplying electrical utility company.

(d)

Other provisions. The mobile home shall not be used for any purpose until such approval has been made. The Building Official or their designee are hereby authorized to make periodic inspections of the mobile home site and the mobile home for the purpose of determining compliance with this section. Whenever any of the above officials upon inspection of the mobile home site or the mobile home, determine that any of the provisions of this section have been violated they shall furnish the owner of the parcel and the resident of the mobile home with a list of such violations. All violations shall be remedied within fifteen (15) days after receipt of the written notices. If violations are not corrected in the specified time period, the Building Official shall revoke the permit.

It shall be unlawful for the owner of a single-family detached dwelling to rent or lease the dwelling to another person(s) for periods of three (3) months or less, or to lease or rent the subject dwelling more than four (4) times in a twelve-month period. The lease or rental of a single-family detached dwelling more than four (4) times within a twelve-month period shall create a presumption that the owner is acting in violation of this section. These prohibitions shall only apply in the following zoning districts: Residential Estate (RE), Rural Residential (RR), Single-Family Low Density (R-1A), Single-Family Medium Density (R-1B), Single-Family High Density (R-1C), Residential Manufactured Housing (RMH-1), and Residential Historic Preservation (RHP).

Any owner that claims a vested right to continue an existing short-term rental as prohibited above, shall be entitled to submit an application for vested rights pursuant to Chapter 34, Article VII, Division 3 to determine whether or not the owner has a vested right to continue a short-term rental.

In all zoning classifications, front, rear, side and side corner setbacks may be partially waived by the Administrator if the request meets the criteria specified in Chapter 34, Article V, Division 7.

In all zoning classifications, a waiver of minimum lot size, width or depth may be partially waived by the Administrator if the request meets the criteria specified in Chapter 34, Article V, Division 8.

Properties located within an overlay district shall be developed in accordance with the underlying zoning district or the provisions of the overlay zone, whichever is stricter.

Churches and schools, existing as of June 9, 1964, shall be identified as such on the zoning map and such churches and schools indicated on the zoning map will not be subject to the regulations of the nonconforming use, in the event they are situated in a district which would otherwise cause them to be a nonconforming use, and will have the same status as though specifically permitted in said district.

Development of commercially zoned property shall only be permitted where public services and facilities are available or will be available in accordance with concurrency management provisions of the Comprehensive Plan.

In addition to the restrictions and requirements of each zoning district created by this section, commercially zoned property identified in the adopted Future Land Use Map as Low Intensity Commercial shall be developed according to the following criteria:

The Hospital Medical (HM) zoning district shall be exempt from criteria (a), (c), and (d).

(a)

Site requirements.

(1)

For development which is to contain more than one (1) business use in a single center or as part of a single development, the maximum allowable leasable floor area for the total development shall not exceed seventy-five thousand (75,000) square feet. Forty thousand (40,000) square feet if the development does not contain a retail food market or supermarket.

(2)

No more than two (2) individual uses shall contain more than three thousand (3,000) square feet. The average area of uses in the development shall not exceed ten thousand (10,000) square feet.

(3)

Maximum impervious surface coverage shall be seventy-five (75) percent of the gross area of the site.

(b)

Maximum building height. Except as noted herein, the maximum height for all buildings shall be thirty-five (35) feet. However, architectural features and appurtenances such as, but not limited to, clock towers, identification monuments, chimneys and other similar features, shall be allowed in excess of the stated height, subject to the approval of City Council after recommendation of Planning and Zoning Commission. Development in the Hospital Medical (HM) zoning district shall increase setbacks consistent with Section 28-311(c) for buildings over thirty-five (35) feet in height with a maximum permitted building height of fifty (50) feet.

(c)

Streetside setback area. The entire area between the curb and property line shall be landscaped. Landscaping in these areas shall consist of an effective combination of street trees, grass, ground cover and shrubbery and may include such items as sidewalks and access driveways.

(d)

Storage and refuse collection areas.

(1)

All outdoor areas and refuse collection areas shall be screened so that materials stored within these arenas shall not be visible from access streets or adjacent properties.

Existing conditions on improved parcels not meeting the requirements of this chapter shall be considered nonconforming. The regulations regarding these properties are established in Chapter 34, Procedures, Article VII, Nonconforming uses, structures/vested rights, Division 1, Nonconforming uses and structures.

(Ord. No. 19-2020, § 9, 11-10-20)

Any poured concrete or concrete block wall facing a residential district shall at a minimum be finished, sealed, or painted. Non-stressed skin metal buildings or corrugated metal siding shall be prohibited. Reflective surfaces that produce glare or visual hazards in public access areas shall be prohibited.

(a)

The following zoning districts are consistent with the Titusville Shoreline Area (TSA) overlay district:

(1)

Residential Estate (RE)

(2)

Rural Residential (RR)

(3)

Single-Family Low Density (R-1A)

(4)

Single-Family Medium Density (R-1B)

(5)

Single-Family High Density (R-1C)

(6)

Multifamily Medium Density Residential (R-2)

(7)

Multifamily High Density Residential (R-3)

(8)

Residential Historic Preservation (RHP)

(9)

Neighborhood Commercial (NC)

(10)

Tourist (T)

(11)

Open Space and Recreation (OR)

(12)

Community Commercial (CC)

(13)

Shoreline Mixed-Use (SMU)

(b)

Additional regulations relating to use and development standards within the TSA Overlay District are established in Chapter 29, Article II.

(a)

Purpose and intent. The purpose and intent of this section is to implement 509.233, Florida Statutes, by permitting public food service establishments in the City of Titusville, subject to the terms of this ordinance [section], to become exempt from certain portions of the Food and Drug Administration Food Code, as adopted by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments.

(b)

[Exemption created.] Pursuant to Section 509.233(2), Florida Statutes there is hereby created in the City of Titusville, Florida, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments.

(c)

Definitions. For use in application of this section, the following definitions shall apply:

(1)

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 premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption as defined in Section 509.013, Florida Statutes.

(2)

Dog means an animal of the subspecies Canis lupus famiiiaris.

(3)

Patron means "guest" as set forth in Section 509.013, Florida Statutes.

(4)

Outdoor area means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above.

(5)

Division means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.

(d)

Permit required; submittals.

(1)

In order to allow patrons' dogs on their premises, a public food service establishment shall secure a valid permit issued in accordance with this subsection. The City Manager or designee is authorized to issue permits consistent with this section.

(2)

Applications for a permit under this subsection shall be made to the City Manager or designee, on a form provided for such purpose, and shall include, along with any other such information deemed reasonably necessary by the City Manager or designee, in order to implement and enforce the provisions of this subsection, the information required by Section 509.233(4)(b) Florida Statutes 2006, including, but not limited to:

i.

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

ii.

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

iii.

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the City Manager or designee. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional;

iv.

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

v.

All application materials shall contain the appropriate State of Florida, Division of Hotels and Restaurants (the "Division") issued license number for the subject public food service establishment;

vi.

The contents and proposed location of a kit for the cleaning and sanitizing of any dog waste accidents; and

vii.

The proposed location of all signs required by subsection (e)(1), below.

(3)

The City Council may adopt by resolution or ordinance reasonable fees necessary to:

i.

Recoup the costs of processing the initial application, permitting, and inspections; and

ii.

Provide for an annual renewal, and enforcement.

(e)

General regulations.

(1)

In order to protect the health, safety, and general welfare of the public, and pursuant to Section 509.233, Florida Statutes, all permits issued pursuant to this subsection are subject to the requirements contained within Section 509.233(3)(c) Florida Statutes and including, but not limited to:

i.

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

ii.

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.

iii.

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.

iv.

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

v.

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

vi.

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.

vii.

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. The contents of the kit shall be identified at the time of application and approved by the City Manager or designee.

viii.

At least one (1) sign reminding employees of the applicable rules including those contained in this subsection, and those additional rules and regulations, if any, included as further conditions of the permit by the City Manager or designee, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and eleven inches in height (8½" x 11") and printed in easily legible typeface of not less than twenty (20) point font size.

ix.

At least one (1) sign reminding patrons of the applicable rules including those contained in this subsection, and those additional rules and regulations, if any, included as further conditions of the permit by the City Manager or designee, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and eleven inches in height (8½" x 11") and printed in easily legible typeface of not less than twenty (20) point font size. The number and location of the sign(s) shall be determined by the City Manager or designee.

x.

At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, a sign shall be posted in a conspicuous and public location near all entrances to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than twelve inches in width and fifteen inches in height (12" x 15") and printed in easily legible typeface of not less than twenty (20) point font size. The notice shall state in like or similar language "Dogs are permitted in outdoor seating areas". In addition, table place cards shall be required on or at all seating areas indicating in like or similar language "Dogs are permitted in this seating area".

xi.

Dogs shall not be permitted to travel through indoor or non-designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment.

(2)

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

(3)

Permits shall expire on June 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.

(4)

Procedure for processing complaints: In accordance with Section 509.233(6), Florida Statutes, the City Manager or designee shall accept, document, and respond to complaints, and timely report to the Division all such complaints and the City's enforcement responses to such complaints. The City Manager or designee shall also timely provide the Division with a copy of all approved applications and permits issued pursuant to this subsection.

(5)

Any public food service establishment that fails to comply with the requirements of this subsection shall be guilty of violating this subsection of the City of Titusville Land Development Regulations and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the City of Titusville Land Development Regulations and general law.

(Ord. No. 45-2017, § 1, 12-12-17)

Shipping containers are not permitted in any zoning category for use as a residential structure.

(Ord. No. 8-2018, § 2(28-19), 2-27-18)

Editor's note— Sec. 2 of Ord. No. 8-2018, adopted Feb. 27, 2018, enacted provisions to be designated as § 28-19. Inasmuch as there already exists a § 28-19, said new provisions have been redesignated as § 28-20.