(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

In the General Use (GU) zoning district, buildings or structures used for dairy barns, hog pens, poultry houses and stables shall be no closer than fifty (50) feet from any property line.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

In the General Use (GU) zoning district, buildings or structures used for dairy barns, hog pens, poultry houses and stables shall be no closer than fifty (50) feet from any property line.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for conditional uses. These uses require public hearings.

(1)

Performance requirements:

a.

Frontage on a collector or arterial roadway.

b.

Access only from a collector or arterial roadway.

c.

Minimum living area - Two thousand (2,000) square feet

(2)

Additional density per acre may be allowed based upon the following design features or combination thereof:

(3)

For properties with access on a collector or higher roadway classification and a gated pedestrian access on a local street or Riveredge Drive, additional density above six (6) units per acre may be permitted subject to the following design features or combination thereof being provided with the maximum density not to exceed fifteen (15) units per acre.

(a)

Districts where permitted.

(b)

Definition. "Assisted living facility (ALF):" An institution, building or buildings, or other place, whether operated for profit or not, which through its operation provides one (1) or more personal services for one (1) or more persons not related by blood or marriage to the owner or operator, for a period exceeding twenty-four (24) hours for primary purpose of elderly care. Personal services are in addition to housing and food service and include, but are not limited to: personal assistance with bathing, dressing, housekeeping, supervision, eating, supervision of self-administered medication, and assistance in securing health care from appropriate sources. ALFs shall be licensed by the Agency for Health Care Administration and under Chapter 408, Part II, Florida Statutes, Chapter 429, Part I, Florida Statutes, Chapter 58A-5, Florida Administrative Code.

(c)

Permitted uses with limitations. In the Multifamily Medium Density Residential (R-2), Multifamily High Density Residential (R-3), Hospital Medical (HM), Urban Village (UV), and Regional Mixed-Use 300 and 400 sub-districts (RMU-300, RMU-400), Assisted Living Facilities:

(1)

In the Multifamily Medium Density Residential (R-2) zoning district, assisted living facilities shall be permitted if the proposed development is no greater than one and one-half (1.5) acres, or is located on a roadway that is classified as a collector or arterial.

(2)

In the Multifamily High Density Residential (R-3) zoning district, assisted living facilities shall be permitted if the proposed development is no greater than one and one-half (1.5) acres, or is located on a roadway that is classified as a collector or arterial.

(3)

In the Shoreline Mixed Use (SMU) zoning district, assisted living facilities shall be permitted if the proposed development is no greater than one and one-half (1.5) acres, or is located on a roadway that is classified as a collector or arterial.

(4)

In the Multifamily Medium Density Residential (R-2), Multifamily High Density Residential (R-3), Hospital Medical (HM), Shoreline Mixed Use (SMU), Urban Village (UV) and Downtown Mixed-Use (DMU) Downtown, Uptown, and Midtown sub-district zoning districts shall meet the following minimum requirements:

a.

No certificate of occupancy and no business tax license shall be issued unless a license has first been obtained from the Agency for Health Care Administration or its successors and any other permitting agency as required by law including the provisions of this chapter.

b.

Applicant must clearly demonstrate that the facility will be compatible with the neighborhood, particularly with regard to traffic circulation, parking and appearance. Traffic circulation and parking of the proposed development shall not negatively impact adjacent uses.

c.

All structures shall be residential in character, street oriented with pedestrian entrances from the street, and compatible with surrounding residential development. Properties within the Hospital Medical (HM) zoning district are exempt from this requirement.

d.

All facilities containing more than one (1) story shall have an elevator large enough to carry a stretcher.

e.

A minimum common area of fifty (50) square feet shall be provided per bed. For the purposes of this use, "common area" shall be defined as: Areas within a building, available for use by all residents of the building including centralized dining areas, group activity rooms, lobbies, vestibules, reception areas, parlors/sitting rooms, public toilets, game rooms/craft rooms, resident laundry rooms, conference rooms, snack bars, libraries, gift shops, chapels, greenhouses, auditoriums, and exercise rooms/gyms. Areas within a building not considered common area are: corridors/circulation areas, mechanical rooms, facility storage, kitchen and pantries, offices, medical areas and exam rooms, maintenance rooms, and staff facilities.

f.

A minimum of fifty (50) square feet of outdoor recreation area shall be required per bed.

1.

Outdoor recreation areas may consist of walking and bicycling trails (trail area only), porches, patios, courtyards, gazebos, sitting areas, swimming pools, tennis courts, shuffleboards and other similar outdoor recreation activity areas. These areas shall not include unimproved isolate areas.

2.

Stormwater retention area and common open space shall not be eligible for being used for calculating outdoor recreation area.

g.

Living unit shall be defined as a separate space within the facility/development having one (1) bed, living, food preparation, and bathing areas. If food preparation and/or cooking facilities are to be provided within a living unit the minimum living area shall not be less than four hundred fifty (450) square feet.

h.

The minimum living area of four hundred fifty (450) square feet may be reduced as follows; however, in no instance shall the minimum living area be less than two hundred (200) square feet:

(NOTE: A combination of these listed items may be used to obtain reduced living unit area)

1.

The minimum living area of four hundred fifty (450) square feet per living unit may be reduced by one hundred (100) square feet if one hundred (100) square feet of common area per living unit is provided.

2.

The minimum living area of four hundred fifty (450) square feet per living area may be reduced by one hundred (100) square feet if a centralized common dining area is provided. If a common dining area is provided the storage and preparation of food shall be accomplished at an on-site control kitchen.

3.

The minimum living area of four hundred fifty (450) square feet may be reduced by fifty (50) square feet if one hundred fifty (150) square feet of outdoor recreation area is provided per living unit.

i.

A detailed floor plan and site plan identifying allow rooms/areas shall be required to be submitted. An itemized list of all room function and square footage shall be included with the site plan and floor plans. This list shall separate the common area, outdoor recreation areas and non-common/other areas square footages.

(d)

Conditional uses these uses require public hearings.

(1)

In the Downtown Mixed-Use (DMU), Downtown, Uptown, and Midtown sub-districts, and Regional Mixed-Use 200 sub-district (RMU-200), assisted living facilities shall meet the criteria in (c) above, and may be approved by obtaining a conditional use permit.

(2)

In the Multifamily Medium Density Residential (R-2) zoning district, assisted living facilities shall be required to proceed through the Conditional Use Permit process if the proposed development is greater than one and one-half (1.5) acres, or is located on a roadway that is not classified as a collector or arterial.

(3)

In the Multifamily High Density Residential (R-3) zoning district, assisted living facilities shall be required to proceed through the Conditional Use Permit process if the proposed development is greater than one and one-half (1.5) acres, or is located on a roadway that is not classified as a collector or arterial.

(4)

In the Shoreline Mixed Use (SMU) zoning district, assisted living facilities shall be required to proceed through the Conditional Use Permit process if the proposed development is greater than one and one-half (1.5) acres, or is located on a roadway that is not classified as a collector or arterial.

(Ord. No. 15-2017, § 1, 6-13-17; Ord. No. 55-2023, § 3, 11-28-23)

(a)

Districts where permitted.

(b)

Definition. "Live-work Unit:" Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

(c)

Standards for permitted uses with limitations.

(1)

In the Urban Mixed Use (UMU) zoning district. Live-work units:

a.

Shall limit nonresidential uses to only those uses allowed within the district and shall comply with any conditions of said use.

(Ord. No. 37-2017, § 2, 11-14-17; Ord. No. 25-2020, § 2, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Manufactured housing unit:" Designed and built in accordance with the Department of Housing and Urban Development Standards. A mobile structure manufactured upon a chassis or undercarriage which is an integral part of the structure and which is transported to the site on wheels; comes fully equipped with flush toilet, tub or shower and kitchen facilities; is ready for immediate occupancy upon its arrival to the site and its connection with utilities; and is designed for long-term use as a single-family residence.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Multifamily dwellings:" A building containing two (2) or more dwelling units.

(c)

Standards for permitted uses with limitations.

(1)

In the Indian River City Neighborhood-Residential (IRCN-R) zoning district, multifamily uses:

a.

Must be an existing multifamily structure with approved multifamily zoning as of August 16, 2012 (Effective date of Ord. 25-2012).

b.

Shall only be considered for expansion on the existing property located at the northeast corner of the intersection of Knox McRae and Mount Vernon Avenue, and currently identified as 4230 Mt. Vernon Avenue (as described in Article II, IRCN Zoning, Section 28-21(d) of this chapter) if the development standards of the R-3 zoning classification, and other applicable development standards, can be met.

c.

Shall allow multifamily structures consistent with this section to be rebuilt in the event the structure is damaged more than fifty (50) percent and shall be limited to the existing density and intensity before damage occurred.

(2)

In the Shoreline Mixed-Use (SMU) zoning district, multifamily dwellings:

a.

Shall have a minimum distance between structures of twenty (20) feet.

b.

Shall contain a private storage area of one hundred (100) square feet.

(Ord. No. 31-2017, § 11, 10-24-17)

(a)

Districts where permitted.

(b)

Definition. "Neighborhood group home:" A community residential home of six (6) or fewer residents as further defined in Chapter 419, Florida Statutes.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Patio home:" A one-family dwelling on a separate lot with setbacks on three (3) sides.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Residential/professional use:" Business services and professional services (excluding the general retail sales of goods and commodities. However, incidental retail sales directly related to the business or primary professional use shall be allowed. Examples of such accessory retail sales and their primary uses shall include, but not be limited to: hairdresser/beautician—hair care products; optometrists/opticians—eye care products; dentists/oral hygienists—dental care products, etc.).

(c)

Standards for conditional uses. These uses require public hearings.

(1)

In the Residential Estate (RE), Rural Residential (RR), Single-Family Low Density (R-1A), Single-Family Medium Density (R-1B), Single-Family High Density (R-1C), Multifamily Medium Density Residential (R-2), Multifamily High Density Residential (R-3), and Regional Mixed-Use 300 sub-district (RMU-300) zoning districts, residential/professional uses shall have all frontage from a collector or higher roadway.

(Ord. No. 25-2020, § 3, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Residential treatment facilities (RTF):" A facility providing residential care and treatment to individuals exhibiting symptoms of mental illness who are in need of a twenty-four-hour per day, seven-day-a-week structured living environment, respite care, or long term community placement, and are licensed by the Agency for Healthcare Administration and under Chapter 394, Part IV, F.S., Chapter 408, Part II, Florida Statutes, and Chapters 65E-4.016, Florida Administrative Code. Such facility is provided for developments of licensed fifteen (15) beds or more and do not meet the definition of a neighborhood group home or a community residential home as defined in Chapter 37 of the Land Development Regulations.

(c)

Standards for conditional uses. These uses require public hearings.

(1)

In the Multifamily High Density Residential (R-3) and Hospital Medical (HM) zoning districts, residential treatment facilities:

a.

Minimum (1) acre lot size.

b.

In the Multifamily High Density (R-3) district, residential treatment facilities shall be limited to fifteen (15) units per acre and shall not exceed forty-five (45) units for the entire project.

c.

In the Hospital Medical (HM) district, residential treatment facilities shall be limited by the floor area ratio of 0.2 as listed in the City's Comprehensive Plan.

d.

Applicant must clearly demonstrate that the facility will be compatible with the surrounding neighborhood, including the following, but not limited to, traffic circulation, parking and appearance.

e.

All structures shall be architecturally compatible with any surrounding residential development.

f.

All facilities containing more than one (1) story shall have an elevator large enough to carry a stretcher.

g.

A minimum common area of fifty (50) square feet shall be provided per bed. For the purposes of this use, "common area" shall be defined as: Areas within a building, available for use by all residents of the building including centralized dining areas, group activity rooms, lobbies, vestibules, reception areas, parlors/sitting rooms, public toilets, game rooms/craft rooms, resident laundry rooms, conference rooms, snack bars, libraries, gift shops, chapels, greenhouses, auditoriums, and exercise rooms/gyms. Areas within a building not considered common area are: Corridors/circulation areas, mechanical rooms, facility storage, kitchen and pantries, offices, medical areas and exam rooms, maintenance rooms, and staff facilities.

h.

A minimum of fifty (50) square feet of outdoor recreation area shall be required per bed.

1.

Outdoor recreation areas may consist of walking and bicycling trails (trail area only), sitting areas, swimming pools, tennis court, shuffleboards and other similar outdoor recreation activity areas. These areas shall not include unimproved isolated areas.

2.

Stormwater retention area and common open space shall not be eligible for being used for calculating outdoor recreation area.

i.

Each living unit within the facility shall have a minimum living area of four hundred fifty (450) square feet. "Living unit" shall be defined as a separate space within the facility/development having living, food preparation, bathing and sleeping areas. If food preparation and/or cooking facilities are to be provided within a living unit the minimum living area shall not be less than four hundred fifty (450) square feet.

j.

The minimum living area of four hundred fifty (450) square feet may be reduced as follows:

(NOTE: A combination of these listed items may be used to obtain reduced living unit area.)

1.

If food preparation and/or cooking facilities are provided in living units the minimum living area shall not be less than four hundred fifty (450) square feet and no reduction in square feet as noted in this section may be applied.

2.

The minimum living area of four hundred fifty (450) square feet may be reduced by one hundred (100) square feet subject to common area of one hundred (100) square feet per living unit being provided.

3.

The minimum living area of four hundred fifty (450) square feet may be reduced by one hundred (100) square feet subject to a centralized common dining area being provided. If a common dining area is provided the storage and preparation of food shall be accomplished at an on-site central kitchen.

4.

The minimum living area of four hundred fifty (450) square feet may be reduced by fifty (50) square feet subject to a minimum one hundred fifty (150) square feet outdoor recreation area being provided per unit, in addition to the existing requirement of fifty (50) square feet.

5.

In no instance shall minimum living area be less than two hundred (200) square feet.

k.

A detailed floor plan list shall separate the common area, outdoor recreation areas and non-common/other areas square footages.

l.

In the Multifamily High Density (R-3) district, a residential treatment facility that is located within a radius of one thousand two hundred (1,200) feet of another existing RTF, neighborhood group home or community residential home in a single-family or multifamily use or zone shall be an over concentration of such homes/facility that substantially alters the nature and character of the area and shall not be allowed.

m.

In the Hospital Medical (HM) district, a Residential Treatment Facility that is located within a radius of one thousand two hundred (1,200) feet of another existing RTF, neighborhood group home or community residential home in a single-family or multifamily use or zone shall be an over concentration of such homes/facility that substantially alters the nature and character of the area and shall not be allowed. A home/facility that is located within a radius of five hundred (500) feet of an area of single-family zoning substantially alters the nature and character of the area and shall not be allowed.

n.

All residential treatment facilities shall provide a twenty-foot landscape buffer in accordance with Chapter 30, Article III, Division 10 on all non-street property lines.

o.

In order to protect the facility residents and the surrounding community privacy fences shall be required at the entrance of the facility. No chain link fences shall be allowed. The privacy fence shall be an entrance gate that is similar in nature to residential gated communities and shall be of similar aesthetic quality to the architecture of the building.

p.

All units shall be limited to a maximum of two (2) beds per unit.

q.

In the Multifamily High Density (R-3) district, residential treatment facilities shall be limited to levels III, IV and V which are listed in Rule 65E-4.016 of the Florida Administrative Code.

r.

In the Hospital Medical (HM) district, all residential treatment facilities shall provide one (1) foot for each foot of building height over thirty-five (35) feet for all setbacks, in addition to the setback requirements of this section.

(a)

Districts where permitted.

(b)

Definition. "Single-family dwelling (detached):" A detached building on a single lot containing one (1) dwelling unit, or a factory assembled structure constructed to state building code standards.

(c)

Standards for permitted uses with limitations.

(1)

In the General Use (GU) zoning district, single-family dwellings may be permitted at a density of one (1) dwelling for each three (3) acres of land or more under single ownership.

(2)

In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, existing single-family dwellings shall be allowed as permitted in the IRCN-C sub-district.

(3)

In the Open Space and Recreation (OR) zoning district, single-family dwellings outside of wetlands may be permitted at a density of one (1) dwelling unit per five (5) acres.

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Open Space and Recreation (OR) zoning district, single-family dwellings in wetlands may be approved through the conditional use permit process at a density of one (1) dwelling unit per five (5) acres.

(2)

In the Downtown Mixed-Use (DMU), Downtown and Midtown sub-districts, single-family dwellings are only permitted as part of a Planned Development.

(Ord. No. 16-2023, § 3, 3-14-23)

(a)

Districts where permitted.

(b)

Definition. "Tiny house": A detached residential unit home with a living area less than the minimum required in a zoning district.

(c)

Standards. These uses require public hearings.

(1)

Tiny houses are permitted in the R-2, R-3, UMU, RMH-1, and RMH-2 zoning districts with the approval of a master plan consistent with the procedures described in Chapter 34, Procedures, Article III, Legislative and Quasi-judicial, Division 3, Master Plans:

a.

Shall be a cottage home development on a minimum two-acre site with a minimum of five (5) residential dwelling units with front doors facing and abutting a centralized common area of at least six thousand five hundred (6,500) square feet. The centralized common area and any required landscape yards may count toward any required minimum open space.

b.

The location of the cottage home development shall include the following findings of fact: is an infill development; water and sewer service is available and adequate to support the cottage home development; and development is compatible with surrounding neighborhoods including traffic circulation, pedestrian access, visual impacts and scale of development.

c.

A tiny house shall be on a permanent foundation (e.g. poured footers, stem walls and poured piers or engineered slabs) and not on wheels. Units are to be designed, built and inspected consistent with the Florida Building Code.

d.

The living space per residential dwelling unit shall be a minimum of three hundred fifty (350) square feet and a maximum of six hundred (600) square feet.

e.

All structures, including accessory structures, shall meet the minimum principal structure setbacks of the zoning district as measured from the perimeter of the cottage home development.

f.

All plumbing fixtures must be connected to an approved potable water source and all plumbing fixture drains must be connected to an approved sanitary sewer.

g.

Minimum building separation is ten (10) feet. The applicant shall propose with the master plan and the City may approve minimum living area requirements; lot width, depth, and area standards; and setback standards.

h.

Parking areas, including garages, carports and sheds shall be consolidated in one (1) common area and screened from view.

(Ord. No. 4-2021, § 2, 2-9-21)

(a)

Districts where permitted.

(b)

Definition. "Tiny house on wheels (THOW)": A vehicular portable unit on a single chassis and mounted on wheels, which is intended for use as a primary residential structure that is not a mobile home, manufactured home, or park trailer, as defined by F.S. Ch. 320. THOWs are towable by a vehicle with a bumper hitch, frame-towing hitch, or fifth-wheel connection. THOWs are not designed to be moved under their own power. THOWs comply with the dimensional and weight limits established by the State for vehicles using public roads.

(c)

Standards. These uses require public hearings:

(1)

Tiny house on wheels (THOW) may be permitted as a conditional use in the Residential Manufactured Housing Park (RMH-2) zoning district:

a.

All plumbing fixtures must be connected to an approved potable water source and all plumbing fixture drains must be connected to an approved sanitary sewer system.

b.

Connection to electric utility must be made with equipment and wiring methods compliant with the National Electric Code (NEC).

c.

Must be anchored to the ground in accordance with the required anchor/tie down plans prepared, and signed and sealed by a Florida-registered professional engineer.

d.

All structures, including accessory structures, shall meet the minimum principal structure setbacks of the zoning district and shall be measured from the perimeter of the development.

e.

Minimum building separation of fifteen (15) feet. Shall meet all other standards of the zoning district.

f.

Must be placed or installed in accordance with the flood protection standards set forth in Chapter 30, Development Standards, Article II, Environmental, Division 7, Flood Management.

(Ord. No. 4-2021, § 3, 2-9-21)

(a)

Districts where permitted.

(b)

Definition. "Townhomes:" A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located above or below another unit.

(c)

Standards for permitted uses with limitations.

(1)

In the Multifamily Medium Density (R-2) and Multifamily High Density (R-3) zoning districts, townhomes:

a.

Shall be developed in accordance with the provisions of Chapter 34, Article III.

b.

Shall have a maximum of six (6) dwelling units allowed in a building group of townhome units. Staggered setbacks are encouraged to lessen the straight row effect.

c.

Shall have a minimum distance between structures of twenty (20) feet.

d.

Shall have minimum landscape easement of ten (10) feet in width be provided along the perimeter boundary of the project site. This requirement shall apply to boundaries adjoining other property excluding public rights-of-way.

(2)

In the Downtown Mixed-Use (DMU), Downtown, Uptown, and Midtown sub-districts, zoning district, townhomes:

a.

Shall be developed in accordance with the provisions of Chapter 34, Article III.

b.

Shall have a maximum number of ten (10) dwelling units allowed in a building group of townhomes. Staggered setbacks are encouraged to lessen the straight row effect, unless designed around a parking garage structure to lessen the visual impact of the parking structure.

(3)

In the Shoreline Mixed-Use (SMU) zoning district, townhomes:

a.

Shall be developed in accordance with the provisions of Chapter 34, Article III.

b.

Shall have a maximum number of six (6) dwelling units allowed in a building group of townhomes. Staggered setbacks are encouraged to lessen the straight row effect.

c.

In addition to the townhome front and side corner setback requirements contained in Section 28-326, no accessory structure shall be located closer than five (5) feet from any property line or closer than ten (10) feet from any other structure.

d.

Shall have a minimum distance between structures of twenty (20) feet.

e.

Shall require pool enclosures to meet the same front and side requirements as the principal structure and shall be no closer than five (5) feet from the rear lot line.

f.

Shall require swimming pools to meet the same requirements as pool enclosures plus three (3) feet and shall be no closer than five (5) feet from any structure.

g.

Shall have minimum landscape easement of ten (10) feet in width provided along the perimeter boundary of the project site. This requirement shall apply to boundaries adjoining other property excluding public rights-of-way.

(4)

In the Urban Village (UV) zoning district, townhomes:

a.

Shall be limited to a maximum of ten (10) dwelling units in a building group.

b.

Shall encourage staggered setbacks to lessen the straight row effect, unless designed around a parking garage structure to lessen the visual impact of the parking structure.

(5)

In the Indian River City Neighborhood-Residential (IRCN-R) zoning district, townhomes:

a.

Must be an existing townhome dwelling with approved zoning as of August 16, 2012 (effective date of Ord. 25-2012).

b.

Shall allow multifamily structures consistent with this section to be rebuilt in the event the structure is damaged more than fifty (50) percent and shall be limited to the existing density and intensity before damage occurred.

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Regional Mixed-Use 200 sub-district (RMU-200) zoning district, townhomes may be approved by obtaining a conditional use permit.

(Ord. No. 22-2020, § 1, 11-10-20; Ord. No. 25-2020, § 4, 12-8-20; Ord. No. 8-2022, § 1, 3-22-22)

(a)

Districts where permitted.

(b)

Definition. "Adult date care center" means a facility where therapeutic programs of social and heath services as well as activities for adults are provided in a non-institutional setting. Participants may utilize a variety of services offered during any part of a day, but less than a twenty-four-hour period.

(c)

Standards for permitted uses with limitations.

(1)

In the Neighborhood Commercial (NC), Community Commercial (CC), Regional Commercial (RC), Office Professional (OP), Downtown Mixed Use (DMU), Regional Mixed Use (RMU), Urban Village (UV), and Indian River City Neighborhood Commercial (IRCN-R) zoning districts, adult day care facilities:

a.

Shall be required to proceed through the conditional use permit process when located on a local street, or abutting property with a single-family zoning or use.

b.

Shall provide a landscape buffer in accordance with Chapter 31, Article III, Division 10 on non-street property lines. Properties in the DMU zoning district shall provide landscaping pursuant to Chapter 31, Article III, Division 10.

c.

Shall set back all active recreation areas, such as basketball courts, tennis courts, etc., a minimum of fifty (50) feet from any abutting residential zoning district or residential use, except mixed residential-commercial uses.

d.

Shall provide a passenger drop-off zone adjacent to the facility providing clear ingress and egress from parking and other areas.

(Ord. No. 23-2022, § 3, 6-14-22)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Reserved.

(Ord. No. 37-2017, § 3, 11-14-17)

(a)

Districts where permitted.

(b)

Definition. "Animal kennel:" An establishment where pet animals owned by another person are temporarily boarded for pay; provided, however, this definition shall not apply to animal hospitals operated by veterinarians duly licensed under the law.

(c)

Standards for permitted uses with limitations.

(1)

In the Tourist (T), Community Commercial (CC), Regional Commercial (RC) and Downtown Mixed-Use (DMU), Downtown and Midtown sub-districts, zoning district, animal kennels:

a.

Shall have a minimum lot area of one-half (½) acre for each twenty-five (25) animals to be boarded.

b.

Shall have no buildings housing animals and exercise and confinement yards located closer than fifty (50) feet from any adjacent residential use.

c.

Shall conduct all activities, with the exception of animal exercise yards, within an enclosed building.

d.

Shall dispose of dead animals by means approved by the Department of Health and Rehabilitative Services. No facilities for cremation of animal remains shall be permitted on the site.

(2)

In the Urban Mixed-Use (UMU) zoning district, animal kennels:

a.

Shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

b.

Shall conduct all activities within a completely enclosed structure and screened from view from adjoining properties.

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Neighborhood Commercial (NC), Office Professional (OP) and Downtown Mixed-Use (DMU), Uptown sub-district, zoning district, animal kennels shall meet the same criteria in (c)(1) above and may be approved by obtaining a conditional use permit.

(a)

Districts where permitted.

(b)

Definition. "Animal shelter:" A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

(c)

Standards for permitted uses with limitations.

(1)

In the Industrial (M-2) and Highway Industrial Infill (M-3) zoning districts, animal shelters:

a.

Shall have all facilities within an enclosed structure. No outside runs permitted.

b.

Shall have all facilities set back no less than seventy-five (75) feet from residentially zoned property or residential use.

(2)

In the Regional Mixed-Use 400 sub-district (RMU-400) zoning district, animal shelters

a.

Shall have all facilities within an enclosed structure. No outside runs permitted.

b.

Shall have all facilities set back no less than fifty (50) feet from residentially zoned property or residential use.

c.

Shall not have animal disposal facilities.

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Neighborhood Commercial (NC) and Office Professional (OP) zoning districts, animal shelters:

a.

Shall have all facilities within an enclosed structure. No outside runs permitted.

b.

Shall have all facilities set back no less than seventy-five (75) feet from residentially zoned property or residential use.

c.

Shall not have animal disposal facilities.

(2)

In the Community Commercial (CC) zoning district, animal shelters:

a.

Shall have all facilities within an enclosed structure. No outside runs permitted.

b.

Shall have all facilities set back no less than fifty (50) feet from residentially zoned property or residential use.

c.

Shall not have animal disposal facilities.

(3)

In the Light Industrial Services and Warehousing (M-1) zoning district, animal shelters:

a.

Shall have all facilities within an enclosed structure. No outside runs permitted.

b.

Shall have all facilities set back no less than seventy-five (75) feet from residentially zoned property or residential use.

(Ord. No. 25-2020, § 5, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Arcade amusement center:" Adult arcade amusement centers are any place of business having at least fifty (50) coin-operated amusement games or machines on premises which are operated for the entertainment of the general public and tourists that are over eighteen (18) years of age as a bona fide amusement facility, and comply with Section 849.161, Florida Statutes, as amended from time to time. This definition shall include those arcade amusement centers which seek to restrict admission to persons eighteen (18) years of age or older.

(c)

Standards for conditional uses. These uses require public hearings.

(1)

Must comply with Section 849.161, Florida Statutes, as amended from time to time.

(2)

Any prizes or awards must be provided with on-site merchandise only, and shall not include cash, gift cards, or alcoholic beverages.

(3)

There shall be no sale or consumption of alcoholic beverages on the premises.

(4)

Parking requirements must be demonstrated in the conditional use permit application, including any locations within an existing building or shopping plaza. The requirements must be demonstrated with a survey of the parking lot indicating individual parking spaces and the applicant must provide the total square footage of the building the arcade will be occupying and the total number of machines or games to be located on the premises. If the arcade is applying to locate in an existing shopping plaza, the applicant must provide the total number of parking spaces in the plaza, the total square footage of each store space within the plaza, the total number of machines or games to be located on the premises and the types of uses that occupy each store space.

(5)

The facility (the arcade) shall be located no less than one hundred (100) feet, measured from the outer wall of the facility to the closest property line, of any residentially zoned land, as well as any land designated or utilized for park purposes.

(6)

The facility shall be located no less than one thousand (1,000) feet, measured from the outer wall of the facility to the closest property line of any school. Any school that is located in the future within the above distance shall execute a waiver of the distance restriction if any existing arcade amusement center already is in existence.

(7)

No two (2) facilities, operating pursuant to this subsection or subsection (8), shall be located closer than five hundred (500) feet from one another, measured from the closest outer wall of each facility. Nothing in this section shall be construed as to prevent a business from operating under both subsection (7) and subsection (8) in the same facility without the need for additional approval, provided the machines and business operations are kept separate and apart from one another, preventing comingling of usage, and do not otherwise violate the provisions of Chapter 849, Florida Statutes, or any regulation of the state.

(8)

The business location shall operate under the following management plan:

a.

The facility shall not have any reflective or other opaque material on the exterior windows which limits or restricts the visibility of the interior of the facility from the exterior of the facility under normal circumstances; however a portion of the exterior window may be covered with frosting or other materials when necessary to cut the sun glare in order to view operating machines and computer screens;

b.

Upon initially opening, and on June 1 of each calendar year thereafter, the business shall report to the Growth Management Director the number of machines being operated within the facility; and

c.

The business shall not operate in violation of county, state or federal law.

(9)

The business shall not operate between the hours of 1:00 a.m. and 9:00 a.m. on weekdays, Sunday night through Thursday night and 2:00 a.m. and 9:00 a.m. on the weekend, Friday night and Saturday night.

(10)

In the event an arcade amusement center is operating in a dual-capacity under subsection (8), patrons utilizing sweepstakes computers shall be made aware of the rules of the sweepstakes, as required by state law or the regulation of any appropriate state agency, and shall otherwise comply with the laws and regulations of the state in regard to such sweepstakes gaming.

(11)

The consumption, possession, dispensation, or sale of alcohol shall be prohibited.

(12)

Applicant shall prohibit minors (persons under the age of eighteen (18) within the facility.

(13)

In addition to the required materials for an application for a CUP, each applicant shall submit for the business:

a.

Articles of incorporation/sole proprietorship documents;

b.

Tax ID number;

c.

License or permits from the Department of Agriculture and Consumer Services;

d.

Software compliance documents showing compliance with state regulations;

e.

Rules and regulations governing the drawing by chance, sweepstakes or game promotion which includes the odds of winning and the prize table and rules showing that no purchase is required to enter sweepstakes;

f.

Probability chart;

g.

Lease or ownership of location information;

h.

Product/service list;

i.

Proposed security plan designed to protect employees, patrons and the general public;

j.

Number of machines.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Reserved.

(Ord. No. 37-2017, § 4, 11-14-17)

(a)

Districts where permitted.

(b)

Definition. "Art studio:" A building or portion of a building used as a place of work by artisans engaged in any visual and performing arts, including, but not limited to, dance, music, photography, and painting.

(c)

Reserved.

(Ord. No. 37-2017, § 5, 11-14-17)

(a)

Districts where permitted.

(b)

Definition. "Automobile repair:" Any building, structure, or improvements used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of automobile electronics, but excludes dismantling or salvage. Automobiles do not include semitrailers, truck trailers and semitrailer combinations, and similar heavy duty vehicles.

(c)

Standards for permitted uses with limitations.

(1)

In the Downtown Mixed-Use (DMU) Midtown sub-district, zoning district, automobile repair:

a.

Shall have no driveway of an automobile service station or automobile repair shop located within thirty (30) feet of a street intersection.

b.

Shall have no gasoline or other fuel pump located within thirty (30) feet of a street line or of an adjoining property line.

c.

Shall have all minor vehicle repairs take place within an enclosed building.

d.

Shall have no motor vehicle parked or stored out of doors on the premises for more than sixty (60) days. Vehicles parked or stored out of doors on the premises shall be located within an area screened by a minimum six-foot privacy fence located to the rear of the principle structure.

e.

Shall have the entire premises on which there is an automobile service station or an automobile repair shop be kept clean and free of debris such as used auto parts, tires, oil cans or drums, rags, papers or any other used or discarded materials.

f.

Shall have all hydraulic hoists, pits, lubrication, repair and service work conducted entirely within a building.

g.

Shall have all merchandise and material for sale displayed within an enclosed building.

h.

Shall require the property owner to remove or treat in a safe manner approved by the E.P.A. (Environmental Protection Agency) all flammable materials or storage tanks on the site when a service station dispensing flammable materials becomes vacant for a period exceeding ninety (90) days.

i.

Shall have all gasoline or other fuel pumps supported by a dedicated standby generator to ensure continuity of service after severe weather events, or acts of God, subject to approval by the City.

(2)

In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, new automobile repair:

a.

Shall be located on the west side of Hopkins Avenue.

b.

Shall have all outside repair screened from street view and from adjoining properties with fencing and landscaping to provide an opaque visual barrier.

(3)

In the Planned Industrial Development (PID) zoning district, automobile repair shall be permitted only for properties lying west of Grissom Parkway within the North Brevard Industrial Park plat, or having access to Chaffee Drive.

a.

In addition to the conditions required in the Downtown Mixed Use (DMU) zoning district, body or fender repair, or painting shall be conducted within an enclosed building.

b.

Outdoor storage as an accessory use is regulated in Article VIII, Accessory Use Standards, Section 28-364(c)(1).

(Ord. No. 29-2023, § 3, 7-25-23)

(a)

Districts where permitted.

(b)

Definition. "Automobile sales:" The use of any building or portion thereof for the display, sale, rental, or lease of motor vehicles (including, but not limited to, automobiles, trucks, boats, and motorcycles) and any warranty repair work and other repair service conducted as an accessory use.

(c)

Standards for permitted uses with limitations.

(1)

In the Downtown Mixed-Use (DMU), Downtown and Midtown sub-districts, zoning district, automobile sales:

a.

Shall have all sales from a permanent structure, and the parking area must meet the requirements of the site plan and landscaping regulations.

b.

Shall have no outside storage other than vehicles for sale or rent, and all repairs must be in an enclosed structure with no bay door openings located in the front face of the building.

c.

Shall meet all DMU requirements when the use of a parcel of property is changed to allow automobile sales and storage.

d.

Shall have all gasoline or other fuel pumps supported by a dedicated standby generator to ensure continuity of service after severe weather events, or acts of God, subject to approval by the City.

(2)

In the Urban Mixed-Use (UMU) zoning district, automobile sales:

a.

Shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

b.

Shall have a maximum lot size of fifteen thousand (15,000) square feet.

(3)

In the Indian River City Neighborhood (IRCN-C) zoning district, automobile sales:

a.

Minimum lot size of one (1) acre.

b.

Must be located with frontage on South Washington Avenue.

(4)

In the Urban Village (UV) zoning district, only automobile/vehicle sales:

a.

Shall be limited only to the sales and accessory service of motorcycles as defined by Chapter 320, Florida Statutes.

b.

Motorcycle sales shall be located in proximity to the principal building and shall not impede pedestrian or traffic flow and shall not encroach into designated parking areas unless designated on a proposed plot plan approved by the Community Development Engineer and included with a Business Tax Receipt application. The designated areas shall be well maintained, provide for walking and accessibility, be free of debris, and have proper lighting, seating, and trash receptacles. All other areas of the site shall be free of merchandise.

d.

Shall limit outdoor motorcycle sales to an area less than or equal to fifteen (15) percent of the gross floor area of the building or unit in which the use is conducted.

f.

Shall have all outdoor motorcycle sales meet the following locational requirements:

1.

Shall not be located within fifteen (15) feet of any street intersection or pedestrian crosswalk.

2.

Shall not be located within five (5) feet of a primary roadway access into a parcel.

3.

Shall not be located within five (5) feet of another outside vending location.

4.

Shall not be located within five (5) feet of a building exit.

5.

Shall not be located within fifteen (15) feet of a fire hydrant.

g.

Shall limit outdoor motorcycle sales to only during the hours of operation of the associated business. Goods displayed outdoor shall not be left outdoors when the associated business is not operating.

h.

Shall conduct all service and repair of motorcycles within an enclosed building.

i.

Shall not have bay or service doors oriented towards a public right-of-way.

j.

Shall not include paint booths.

k.

Shall not have any outdoor storage

l.

Shall not include as part of operations riding lessons or motorcycle license classes/testing.

(Ord. No. 19-2017, § 2, 8-8-17)

Editor's note— The language in subsection (c)(3)a. of this section has been corrected to read "Minimum lot size of one (1) acre." The language had been inadvertently codified as "Maximum lot size of one (1) acre." Ord. No. 1-2014, which previously amended section 59-813 (now section 28-98), changed "maximum lot size" to "minimum lot size." A subsequent amendment by Ord. No. 19-2017 also read "minimum lot size."

(a)

Districts where permitted.

(b)

Definition. "Bakery, retail:" A place for preparing, cooking, baking, and selling of products on the premises.

(c)

Standards for permitted uses with limitations.

(1)

In the Planned Industrial Development (PID) zoning district, bakeries, retail shall only be permitted as part of a Master Development Plan that designates a "commerce component" and designates the associated area on the Master Plan.

(Ord. No. 37-2017, § 6, 11-14-17; Ord. No. 25-2020, § 6, 12-8-20)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

In the Planned Industrial Development (PID) zoning district, barber shops shall only be permitted as part of a Master Development Plan that designates a "commerce component" and designates the associated area on the Master Plan.

(Ord. No. 37-2017, § 7, 11-14-17)

(a)

Districts where permitted.

(b)

Definition. "Bed and breakfast inns:" A bed and breakfast inn is a structure originally built as a single-family residence, or a new structure, which is designed as and appears externally as a single-family residence, where short-term lodging rooms and meals (usually breakfast only) are provided to overnight guests. The use is an accessory use to the primary use as a single-family residence of the operator who shall live on the premises.

(c)

Standards for permitted uses with limitations.

(1)

In the Residential Estate (RE), Rural Residential (RR), Single-Family Low Density (R-1A), Single-Family Medium Density (R-1B), Single-Family High Density (R-1C), Multifamily Medium Density Residential (R-2), Multifamily High Density Residential (R-3), Residential Historic Preservation (RHP), General Use (GU), Open Space and Recreation (OR), Urban Mixed-Use (UMU), Shoreline Mixed-Use (SMU), Regional Mixed Use (RMU) 400, Indian River City Neighborhood-Commercial (IRCN-C) and Indian River City Neighborhood-Residential (IRCN-R) zoning districts, bed and breakfast inns:

a.

Shall be limited to the density limitation of the zoning classification. Where an existing single-family house is being utilized as a bed and breakfast or boardinghouse facility, the guest accommodations shall not exceed fifty (50) percent of the floor area of the principal residence.

b.

Shall provide a minimum of one (1) on-site parking space per guestroom and an additional two (2) on-site parking spaces for the resident manager or innkeeper. No parking shall be permitted in the front yard in residential zoning classifications. All parking spaces shall adhere to the City of Titusville Land Development Regulations. Properties within the UMU zoning district shall be exempt from this requirement, but shall provide parking pursuant to Chapter 30 - Development Standards, Article III - Improvements, Division 9 - Parking/Loading/Storage.

c.

In multiple-family and special district zoning classifications, only wall-mounted signs up to eight (8) square feet in size and a maximum of six (6) feet in height shall be permitted.

d.

Shall have common kitchen and dining facilities, and individual rooms that are rented shall not contain cooking facilities. Meals shall be provided to overnight guests only.

e.

Shall require an occupational license.

f.

Shall not be located closer than five hundred (500) feet to any previously approved and established bed and breakfast inn in single-family zoning classifications. The Residential Historic Preservation (RHP) and Urban Mixed Use (UMU) zoning districts shall be exempt from the aforementioned distance regulation.

(2)

In the Downtown Mixed-Use (DMU) Downtown, Uptown and Midtown sub-districts, zoning district, bed and breakfast inns:

a.

Shall be no more than five (5) rooms used as guest rooms;

b.

The owner/operator of the facility must physically reside on-site during all periods that the facility is open to the public and that guests are housed on-site;

c.

Adjacent to residential homes must be separated by a visual screen consistent with the visual screen standards set forth in Section 30-340;

d.

Shall maintain the residential character of the area by adopting a residential scale and style of construction and conform to the Urban Design Manual for the Downtown Mixed-Use District;

e.

Shall require a conditional use permit in the Civic Waterfront sub-district.

(3)

In the Indian River City Neighborhood—Residential (IRCN-R) zoning district, bed and breakfast inns shall be limited to existing licensed bed and breakfast establishments and expansion shall be limited to the existing licensed property as of August 16, 2012 (effective date of Ord. 25-2012).

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Downtown Mixed-Use (DMU) Civic Waterfront sub-district, zoning district, bed and breakfast inns shall meet the requirements of (c)(2) above and may be approved by obtaining a conditional use permit.

(2)

In the Regional Mixed-Use 200 and 300 sub-district (RMU-200, RMU-300) zoning district, bed and breakfast inns shall me the same requirements of (c)(1) above and may be approved by obtaining a conditional use permit.

(Ord. No. 31-2017, § 12, 10-24-17; Ord. No. 37-2017, § 8, 11-14-17; Ord. No. 25-2020, § 7, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Bicycle sales/service:" An establishment engaged in the retail sales and associated service of bicycles. May also include retail sales of bicycling accessories and apparel.

(c)

Reserved.

(Ord. No. 37-2017, § 9, 11-14-17)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

Billboard signs shall only be permitted on a lot or parcel where said billboard is the only use of said lot or parcel, except for properties adjoining the I-95 right-of-way as further described in Section 32-26, Bench signs, bus benches, bus shelters, and billboards.

(2)

Billboards shall meet all applicable regulations within Chapter 32, Signs.

(Ord. No. 24-2022, § 2, 6-14-22)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

In the Urban Mixed-Use (UMU) zoning district, billiards/pool halls shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(Ord. No. 47-2023, § 3, 10-10-23)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, boat sales:

a.

Shall have a maximum lot size of one (1) acre.

b.

Shall be located with frontage on South Washington Avenue.

(a)

Districts where permitted.

(b)

Definition. "Book store": A retail establishment that, as its primary business, engages in the sale, rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, or computer software.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for conditional uses. These uses require hearings:

(1)

Every building over sixty (60) feet shall be setback from all property lines a distance equal to the height of the building.

(2)

At least one (1) of the following incentives shall be included within the project:

a.

A minimum thirty (30) percent common open space consistent with Chapter 34, Article V, Urban Village and Chapter 30, Article III, Division 3, Open Space. The open space shall include an increase in tree canopy of two (2) percent at maturity as calculated in Section 30-31.5, Canopy area requirements.

b.

The conversion of open space equal to five (5) percent of the development to an equal area of impervious surfaces. The open space shall include an increase in tree canopy of two (2) percent at maturity as calculated in Section 30-31.5, Canopy area requirements. In addition, each structure over sixty (60) feet shall provide two (2) electric vehicle charging stations.

c.

Low Impact Development (LID) techniques or facilities that increase stormwater treatment at least ten (10) percent more treatment volume than required by the land development regulations.

d.

The construction of three (3) permanent free-standing shade structures at least twelve (12) feet by twelve (12) feet in area. In addition, twenty-five (25) percent of all overstory trees planted onsite shall have a minimum caliper of four (4) inches, and substitution of palms for overstory trees shall not be permitted.

(3)

The applicant submits a shading study that demonstrates that the proposed building height over sixty (60) feet does not cause any additional overshadowing and consequent loss of light to surrounding properties than an allowed sixty-foot tall building. For the shading study, the period between 8:00 a.m. and 4:00 p.m. is generally accepted as a measure of solar access even during the shortest daylight hours of winter.

(4)

The proposed building height increase must be consistent with the adopted U.S. 1 Corridor Master Plan.

(Ord. No. 10-2022, § 2, 4-12-22)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

In the Downtown Mixed Use (DMU) - Midtown subdistrict, car rental agencies:

a.

Shall be located on a lot size greater than one-half (0.5) acre, and smaller than two and one-half (2.5) acres.

b.

Shall have direct access to a collector or arterial roadway.

c.

Shall not include recreational vehicles or heavy trucks as defined in Section 320.01, F.S.

d.

Shall not utilize on-street parking of vehicles offered for rent.

(Ord. No. 14-2022, § 3, 5-10-22)

(a)

Districts where permitted.

(b)

Definition. "Car wash:" A structure or portion thereof, containing facilities for washing automobiles. This activity may consist of using production line method with a conveyor, blower, or other mechanical devices and may employ some hand labor. This activity may also include automated or semi-automated methods for washing, cleaning, polishing, or waxing of automobiles whether or not employing a chain conveyor, blower, steam-cleaning or similar mechanical devices.

(1)

Self-service car wash: A car wash where equipment and/or facilities are provided for the self-service cleaning and/or washing of automobiles solely by the customer.

(2)

Full service car wash: A car wash where equipment and/or facilities and employees are providing fully automated exterior and interior washing and cleaning service for automobiles.

(3)

Automatic exterior drive thru car wash: A self-service car wash where only exterior cleaning and/or washing services are provided on a drive thru or roll over basis by the customer in which power driven or steam cleaning machinery is used to clean and/or wash automobiles.

(c)

Standards for permitted uses with limitations.

(1)

Self-service car washes shall be limited to the following activities:

a.

Self-service washing and drying of automobiles.

b.

Self-service waxing, polishing and vacuuming of automobiles.

c.

No equipment shall be permitted except as necessary to permit self-service car washes or drying directly and solely by the customer.

(2)

Full service car wash facility shall be limited to the following activities:

a.

Fully automated and/or manual washing, waxing, polishing, drying of automobiles by employees.

b.

Fully automated or manual vacuuming and cleaning of the interior of automobiles by employees.

(3)

Automatic exterior drive thru car wash shall be limited to the following activities:

a.

Fully automated self-service exterior cleaning and/or washing services provided on a drive thru roll over basis solely by the customer in which power drive or steam cleaning machinery is used to clean and/or wash automobiles and other motor vehicles.

b.

This use may be allowed as an accessory activity to a gas station, convenience store with gas pumps, or automotive dealership by obtaining a conditional use permit.

(4)

General design criteria:

a.

In zoning districts that list this use as a permitted use, said facility shall be required to proceed through conditional use permit approval process if any portion of the site abuts any residential zoning district or use. The conditional use permit process may be waived subject to a twenty-five-foot-wide landscape buffer being provided adjacent to the abutting residential zoning district or use. No development, circulation, parking or any car wash activity may be permitted in this buffer area.

b.

Said facility shall be required to proceed through conditional use permit approval process if the site is not fronting and have all ingress/egress from a principal or minor arterial roadway.

c.

In no case shall such a use be permitted or have ingress/egress on a roadway classification under major collector.

d.

There shall be no outside storage or display of goods offered for sale.

e.

All washing and waxing of automobiles shall be within a completely enclosed building, except for entrance and exit. Vacuuming and drying of automobiles may be outside the building but shall not encroach upon any setback and/or buffer areas.

f.

The above-mentioned entrance and exit shall not face any abutting property zoned for residential uses.

g.

All of the area of the site to be utilized by the washing, waxing, drying and vacuuming operation including all ingress and egress areas shall be paved with concrete, asphalt or asphalt concrete.

h.

A six-foot high masonry screening wall shall be required where the site abuts a residential zoning district or use.

(5)

Landscaping (the following landscaping regulation in addition to those required by Chapter 30 of these [Land Development] Regulations shall be required to be met):

a.

Landscaping areas shall comprise not less than twenty (20) percent of the area of the entire site.

b.

Any required buffer area from a residential zoning district shall not be used to meet the required twenty (20) percent landscape area.

c.

In the Downtown Mixed-Use (DMU) zoning district, the Urban Design Manual shall regulate landscaping.

(6)

Access/circulation/parking:

a.

Self-service car wash: A minimum off-street stacking space/area to accommodate two (2) waiting automobiles (minimum forty (40) linear feet of stacking space/area) shall be provided per wash bay.

b.

Full service car wash facility: A minimum off-street stacking space/area to accommodate fifteen (15) waiting automobiles (minimum three hundred (300) linear feet of stacking space/area) shall be required per wash bay. A minimum of one (1) off-street parking space shall be provided for each employee on the largest shift.

c.

Automatic exterior drive thru car wash: A minimum off-street stacking space/area to accommodate five (5) waiting automobiles (minimum 100 linear feet of stacking space/area) shall be required per wash bay.

d.

The off-street stacking space/area shall not conflict with or interfere with on-site circulation patterns.

e.

When the service is offered for on-site final manual drying separate from the wash bay, said area shall be capable of accommodating a number of vehicles equaling one-half (½) of the required stacking space/area. Said area shall not conflict with or interfere with on-site circulation patterns.

(7)

Sewage/drainage effluent quality:

a.

Only car wash facilities equipped with a self-contained water recycling system shall be approved. These facilities shall not back wash their filters but instead have their filter properly disposed (potentially as hazardous wastes). Disposal methods shall require approval by the City of Titusville Water Resources Department.

b.

All car wash shall have a disposal facility including sludge and grit removal. Disposal equipment shall be subject to the approval of the City Water Resources Department.

c.

Any wastewater discharge to the City of Titusville Sanitary Sewer System shall be required to meet all City of Titusville Sanitary Sewer Standards.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Reserved.

(Ord. No. 37-2017, § 10, 11-14-17)

(a)

Districts where permitted.

(b)

Definition. "Childcare facility:" As defined by Section 402.302, Florida Statutes, as may be amended.

(c)

Standards for permitted uses with limitations.

(1)

In the Neighborhood Commercial (NC), Community Commercial (CC), Regional Commercial (RC), Office Professional (OP), and Urban Mixed-Use (UMU) zoning districts, childcare facilities:

a.

Shall be required to proceed through the conditional use permit process when located on a local street, or abutting property with a single-family zoning or use.

b.

Shall not be issued a business tax receipt until a license has first been obtained from the Florida Agency for Healthcare Administration and any other permitting agency as required by law including the provisions of these regulations.

c.

Shall provide a landscape buffer in accordance with Chapter 31, Article III, Division 10 on non-street property lines. Properties in the DMU zoning district shall provide landscaping pursuant to Chapter 31, Article III, Division 10.

d.

Shall set back all structures, playgrounds, and outdoor recreation areas a minimum of fifty (50) feet from any abutting residential zoning district or residential use, except mixed residential-commercial uses.

e.

Shall provide a passenger drop-off zone adjacent to the facility providing clear ingress and egress from parking and other areas.

(2)

In the Indian River City-Commercial (IRCN-C) zoning district, childcare facilities:

a.

Shall not be issued a business tax receipt until a license has first been obtained from the Florida Agency for Healthcare Administration and any other permitting agency as required by law including the provisions of these regulations.

b.

Shall provide a passenger drop-off zone adjacent to the facility providing clear ingress and egress from parking and other areas.

c.

Shall set back all structures, playgrounds, and outdoor recreation areas a minimum of fifty (50) feet from any abutting residential zoning district or residential use, except mixed residential-commercial uses.

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Residential Estate (RE), Rural Residential (RR), Single-Family Low Density (R-1A), Single-Family Medium Density (R-1B), Single-Family High Density (R-1C), Multifamily Medium Density (R-2), Multifamily High Density (R-3), Residential Manufactured Housing (RMH-1), Residential Manufactured Housing Park (RMH-2), Planned Industrial Development (PID), General Use (GU), Downtown Mixed-Use (DMU), Downtown, Uptown, and Midtown sub-districts, Regional Mixed-Use 200 and 300 (RMU-200, RMU-300), and Urban Village (UV) zoning districts, childcare facilities may be approved by meeting the standards in (c)(1) above, and by obtaining a conditional use permit.

(2)

In addition to the requirements in (c)(1) above, childcare facilities in the Urban Mixed-Use (UMU) zoning district shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(3)

In addition to the requirements in (c)(1) above, in the Indian River City Neighborhood-Residential (IRCN-R) zoning district, childcare facilities shall be on property adjacent to, and with access to, Knox McRae Drive and shall be on property that has a principal use of a church.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Reserved.

(Ord. No. 37-2017, § 11, 11-14-17; Ord. No. 25-2020, § 8, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Convenience stores:" As defined by Section 500.03, Florida Statutes, as may be amended.

(c)

Standards for permitted uses with limitations.

(1)

Convenience stores, in any zoning district:

a.

Shall be free of all obstructions of view from the adjacent street to the main store windows giving a clear and unobstructed view of the cashier's station including obstructions of landscaping and gasoline service islands.

b.

Shall have appropriate security systems to include, but not be limited to, the following: convenience store shall be equipped with cameras with video retrieval capabilities. This requirement shall be exempted if the convenience store employs two (2) or more employees at the same time between the hours of 11:00 p.m. and 7:00 a.m. or if the convenience store closes on a permanent basis by 11:00 p.m.

c.

Shall not have as a part of its operation coin operational amusement devices.

(2)

In addition to the regulations in (c)(1) above, in the Downtown Mixed-Use (DMU) zoning district, convenience stores:

a.

Shall not allow any outdoor display of merchandise.

(3)

In addition to the regulations in (c)(1) above, in the Urban Mixed-Use (UMU) zoning district, convenience stores:

a.

Shall have hours of operation limited to 6:00 a.m. to 10:00 p.m.

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Neighborhood Commercial (NC), Community Commercial (CC), Downtown Mixed-Use (DMU) Midtown and Civic Waterfront sub-districts, Regional Mixed-Use 200 sub-district (RMU-200), and Indian River City Neighborhood-Commercial (IRCN-C) zoning districts, Convenience Stores may be approved by meeting all applicable regulations in (c)(1), and where applicable in (c)(2), or (3) above by obtaining a conditional use permit.

(Ord. No. 31-2017, § 13, 10-24-17; Ord. No. 37-2017, § 12, 11-14-17; Ord. No. 47-2023, § 4, 10-10-23)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Reserved.

(Ord. No. 37-2017, § 14, 11-14-17)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Drinking establishment:" A drinking establishment is a business whose primary function is the serving of alcoholic beverages for consumption on the premises, which may include bars, taverns, and lounges. Some establishments may also serve food, or have entertainment, but their main purpose is to serve alcoholic beverages.

(c)

Standards for permitted uses with limitations.

(1)

In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, drinking establishments (bar, tavern, lounge) with any outdoor seating may only operate during the hours of 6:00 a.m. to 11:00 p.m. and shall not be located within fifty (50) feet of a residential property line.

(2)

In the Urban Mixed Use (UMU) zoning district, drinking establishments (bar, tavern, lounge):

a.

Shall only allow on-site consumption within a completely enclosed structure.

b.

Shall limit the hours of operation of any business with on-site consumption to the hours of 12:00 p.m. to 10:00 p.m.

(d)

Standards for conditional uses. These uses require public hearings.

(1)

In the Downtown Mixed-Use (DMU) Civic Waterfront sub-district, Urban Mixed-Use (UMU) and Regional Mixed-Use 300 sub-district (RMU-300) zoning districts, drinking establishments may be approved by obtaining a conditional use permit.

(Ord. No. 37-2017, § 14, 11-14-17; Ord. No. 25-2020, § 9, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Dry cleaner:" An establishment that cleans or renovates fabrics, textiles, or other material on the premises with solvents other than water.

(c)

Standards for permitted uses with limitations.

(1)

In the Urban Mixed-Use (UMU) district, dry cleaners must be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(Ord. No. 25-2020, § 10, 12-8-20

(a)

Districts where permitted.

(b)

Definition. "Electronic gaming establishment:" A business operation, whether a principal use or accessory use, where persons utilize electronic machines or devices, including, but not limited to, computers and gaming terminals, to conduct games of chance and/or a game promotion pursuant to Section 849.094, Florida Statutes, including sweepstakes, and where cash, prizes, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such redeemed or distributed items are determined by the electronic games played or by predetermined odds. This term includes, but is not limited to, internet cafes, internet sweepstakes cafés, cybercafés, sweepstakes cafes, or arcade amusement centers.

(c)

Standards for conditional uses These uses require public hearings.

(1)

The facility (electronic gaming establishment) shall be located no less than one hundred (100) feet, measured from the outer wall of the facility to the closest property line, of any residentially zoned land, as well as any land designated or utilized for park purposes.

(2)

The facility shall be located no less than one thousand (1,000) feet, measured from the outer wall of the facility to the closest property line, of any school. Any school that is located in the future within the above restricted distance shall execute a waiver of the distance restriction.

(3)

No two (2) facilities, operating pursuant to this subsection or subsection (g), shall be located closer than five hundred (500) feet from one another, measured from the closest outer wall of each facility. Nothing in this section shall be construed as to prevent a business from operating under both subsection (g) and subsection (h) in the same facility without the need for additional approval, provided the machines and business operations are kept separate and apart from one another, preventing comingling of usage, and do not otherwise violate the provisions of Chapter 849, Florida Statutes, or any regulation of the state.

(4)

If the facility is placed within a freestanding building the site must contain a parking ratio of one (1) parking space per two (2) game machines, regardless of whether the building is new or existing.

(5)

If the facility is located in a shopping center, or other building with shared parking, it shall not utilize more than ten (10) percent of the overall parking, based upon the ratio above.

(6)

The number of devices within the facility shall be governed by the Land Development Regulations of the City of Titusville as well as Florida Statutes and laws.

(7)

The consumption, possession, dispensation, or sale of alcohol, shall be prohibited.

(8)

Applicant shall prohibit minors (persons under the age of eighteen (18) within the facility.

(9)

The business location shall operate under the following management plan:

a.

The facility shall not have any reflective or other opaque material on the exterior windows which limits or restricts the visibility of the interior of the facility from the exterior of the facility under normal circumstances, however a portion of the exterior window may be covered with frosting or other materials when necessary to cut the sun glare in order to view operating machines and computer screens;

b.

Upon initially opening and on June 1 of each calendar year thereafter, the business shall report to the Growth Management Director the number of machines being operated within the facility; and

c.

The business shall not operate in violation of county, state or federal law.

(10)

The business shall not operate between the hours of 1:00 a.m. and 9:00 a.m. on weekdays, Sunday night through Thursday night and 2:00 a.m. and 9:00 a.m. on the weekend, Friday night and Saturday night.

(11)

All patrons of the business shall be made aware that they are participating in a computer-based sweepstakes, including the rules of the sweepstakes, as required by state law or the regulation of any appropriate state agency.

(12)

Each applicant for conditional use shall show proof of permit or license to operate a game promotion or sweepstakes from the Department of Agriculture and Consumer Services and other applicable state and federal permits and that the electronic game promotion software:

a.

Operates only games with a preconfigured finite pool of entries;

b.

Provides an entrant with the ability to participate in the absence of a purchase;

c.

Does not distinguish an entrant who has made a purchase from one who has not, with respect to all advertised prizes; and uses video displays that do not determine the result.

(13)

Each applicant shall provide proof that it has established a trust account in accordance with Chapter [Section] 849.094, Florida Statutes.

(14)

A conditional use shall not be construed to authorize any game or machine that may be construed as a gambling device under Florida law.

(15)

In addition to the required materials for an application for a CUP, each applicant shall submit for the business:

a.

Articles of incorporation/sole proprietorship documents;

b.

Tax ID number;

c.

License or permits from the Department of Agriculture and Consumer Services;

d.

Software compliance documents showing compliance with state regulations;

e.

Rules and regulations governing the drawing by chance, sweepstakes or game promotion which includes the odds of winning and the prize table and rules showing that no purchase is required to enter sweepstakes;

f.

Probability chart;

g.

Lease or ownership of location information;

h.

Product/service list;

i.

Proposed security plan designed to protect employees, patrons and the general public;

j.

Number of devices.

(a)

Districts where permitted.

(b)

Definition. "Emergency clinic:" A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors. The term "clinic" includes immediate care facilities, where emergency treatment is the dominant form of care provided at the facility.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Farmers market:" Involves the sale of farm, horticultural, floricultural and grove products offered for sale by the farmers or growers of said produce, or offered for sale by dealers in said products. It is contemplated that each farmer, or dealer, will rent stalls in said market for the sale of the products within the confines of a central market area.

(c)

Standards for permitted uses with limitations.

(1)

In the Urban Mixed-Use (UMU) district, farmer markets shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(a)

Districts where permitted.

(b)

Definition. "Financial institution:" A facility providing financial and banking services to consumers. Walk-in and/or drive-thru services are generally provided on-site. Typical uses include: banks, savings and loan associations, credit unions, and automated teller machines (ATMs).

(c)

Standards for permitted uses with limitations.

(1)

In the Urban Mixed-Use (UMU) zoning district, financial institutions shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(Ord. No. 25-2020, § 11, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Fitness center:" A place or building where active exercise and related activities are performed utilizing weight control or muscle building equipment or apparatus for the purpose of physical fitness. Also, a place or building that provides massage, exercise, and/or related activities with or without such equipment.

(c)

Standards for permitted uses with limitations.

(1)

In the Neighborhood Commercial (NC), Office Professional (OP), and Urban Mixed-Use (UMU) zoning districts, fitness centers shall have building and/or lease space/unit gross floor area be less than three thousand (3,000) square feet.

(Ord. No. 37-2017, § 15, 11-14-17; Ord. No. 47-2023, § 5, 10-10-23)

(a)

Districts where permitted.

(b)

Definition. "Florist:" Retail business whose principal activity is the selling of plants which are not grown on the site and conducting business within an enclosed building.

(c)

Standards for permitted uses with limitations.

(1)

In the Planned Industrial Development (PID) zoning district, florists shall only be permitted as part of a Master Development Plan that designates a "commerce component" and designates the associated area on the Master Plan.

(Ord. No. 37-2017, § 16, 11-14-17)

(a)

Districts where permitted.

(b)

Definition. "Funeral establishment (without crematory):" As defined in Section 497.005, Florida Statutes, as may be amended.

(c)

Standards for permitted uses with limitations.

(1)

In the Urban Mixed-Use (UMU) zoning district, funeral establishments shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(Ord. No. 25-2020, § 12, 12-8-20)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

In the Urban Mixed-Use (UMU) zoning district, furniture stores shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(Ord. No. 25-2020, § 13, 12-8-20)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Reserved.

(Ord. No. 37-2017, § 17, 11-14-17)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

In the River City Neighborhood - Commercial (IRCN-C) zoning district, graphic printing and copying services shall have a maximum building and/or lease space/unit gross floor areas of less than three thousand (3,000) square feet.

(Ord. No. 31-2017, § 14, 10-24-17)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted uses with limitations.

(1)

In the Urban Village (UV) zoning district, grocery stores:

a.

Shall not be located closer than twenty-five (25) feet to any side property lines.

b.

Shall not have as a part of its operation, coin-operated amusement devices nor gas pumps.

c.

Gas pumps and associated payment kiosk ONLY may be permitted as an accessory use to a retail food market or supermarket greater than twenty thousand (20,000) square feet in size.

1.

Gas pumps, tanks, vents, pump islands and canopies shall not be located closer than twenty-five (25) feet to any side property lines.

2.

Signage on the canopy facing offsite land uses shall be limited to one (1) face. Signage shall be limited to no more than thirty-two (32) square feet per side. Total signage on all four (4) sides of the canopy shall not exceed sixty-four (64) square feet.

3.

All canopies and associated payment kiosk shall be architecturally consistent with the principal use.

4.

Six (6) gas pumps (up to twelve (12) vehicle fueling stations) are permitted without additional landscaping. Additional gas pumps/fueling stations are permitted if required buffers adjacent to the gas pumps, tanks, vents, pump islands and canopies include vegetation that reduces the visual impact of the pumps and pump islands for offsite land uses.

5.

Repairs, wreckers or storage of automobiles is prohibited.

6.

Outdoor storage and display is prohibited.

(2)

In the Urban Mixed-Use (UMU) zoning district, grocery stores shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

(Ord. No. 25-2020, § 14, 12-8-20)

(a)

Districts where permitted.