This title, Part III of The Code of the City of Vero Beach, shall be officially known as the "Land Development Regulations of the City of Vero Beach, Florida" and may be referred to as the "Vero Beach Land Development Regulations," the "Land Development Regulations," "LDR," or "this Code."

(Ord. No. 2023-18, § 3, 9-26-2023)

(a)

General. The Vero Beach City Council is authorized to adopt this Code in accordance with: Article VIII, Section 2(b) of the Florida Constitution; Article I, Section 1.03 of the City of Vero Beach Charter; Chapter 166 of the Florida Statutes (Municipal Home Rule Powers Act); Section 163.3161 et seq. of the Florida Statutes (Community Planning Act); and all other relevant laws of the State of Florida.

(b)

City of Vero Beach Charter zoning limitations. Article V, Section 5.06 of the City of Vero Beach Charter limits the authority of City Council to increase the building height limit and density levels from the limitations existing in the Zoning Ordinance of the City of Vero Beach, Florida, on August 15, 1989. Any increase of the maximum building height or maximum density in a zoning district shall first be approved by the electors of the City of Vero Beach, Florida, at a referendum proposing such a building height or density level increase.

(c)

References to Florida Laws. Whenever any provision of this Code refers to or cites a section of the Florida Statutes (F.S.) or Florida Administrative Code (FAC), and that Section is later amended or superseded, this Code shall be deemed amended to refer to the amended Section or the Section that most nearly corresponds to the superseded section.

(Ord. No. 2023-18, § 3, 9-26-2023)

In their interpretation and application, the provisions of this Code shall be the minimum requirements to promote the public health, safety, and general welfare and to implement the goals, objectives, and policies of the Vero Beach Comprehensive Plan. More specifically, this Code is intended to do the following, consistent with the goals, objectives, and policies of the adopted Vero Beach Comprehensive Plan:

(a)

Establish comprehensive, consistent, effective, efficient, and equitable standards and procedures for the review and approval of land development that recognize and respect the rights of landowners and consider the interests of the City's citizens;

(b)

Conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential, business, and industrial areas within the City and to promote the orderly and beneficial development of such areas;

(c)

Guide future development and redevelopment in orderly and efficient manner to meet future growth demands while discouraging urban sprawl and maintaining the City's community character;

(d)

Ensure that land uses are located in a rational and efficient manner;

(e)

Provide adequate light, air, privacy, and convenience of access to property;

(f)

Avoid undue concentration of population by regulating and limiting the density, height and bulk of buildings;

(g)

Limit congestion in the public streets by providing off-street parking of motor vehicles;

(h)

Provide a mixture of housing types to enhance the availability of sound and affordable housing for all current and future residents of the City;

(i)

Encourage compatible new development, redevelopment, rehabilitation, and infill development within the City;

(j)

Encourage the revitalization and development of the City's commercial districts as pedestrian-oriented mixed-use districts in the City;

(k)

Promote a diverse economy by encouraging the growth of existing and new industries and businesses;

(l)

Promote safe and efficient traffic circulation and minimize travel time:

(m)

Maintain compatibility with aircraft operations at the Vero Beach Regional Airport;

(n)

Minimize danger to life and property from hurricanes and storms;

(o)

Achieve a high quality urban environment through improved appearance;

(p)

Facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services;

(q)

Conserve, protect, and restore coastal resources (e.g., estuaries, beach and dune systems, marine and wildlife habitats, environmental system corridors);

(r)

Conserve and protect natural resources (e.g., wetlands, surface waters, floodplains, aquifers, wildlife habitat, vegetative cover, topography, soils);

(s)

Preserve and protect historic resources;

(t)

Promote the beautification of arterial roadways through landscaping and other aesthetic treatments;

(u)

Maintain and protect the character and stability of the community and its established neighborhoods; and

(v)

Define the powers and duties of the City Council, administrative officers, and City boards.

(Ord. No. 2023-18, § 3, 9-26-2023)

(a)

General applicability. The provisions of this Code shall apply to the development of all land within the corporate limits of the City of Vero Beach.

(b)

Application to governmental units.

(1)

The provisions of this Code shall apply to development by the City or its agencies and departments, or on land owned or otherwise controlled by the City.

(2)

To the extent allowed by law, the provisions of this Code shall also apply to development by Indian River County, State of Florida, or Federal government or its agencies, departments, or corporate services, or on land owned or otherwise controlled by Indian River County, State of Florida, or Federal government.

(c)

Appropriate development permits required. No development shall occur without the development permits appropriate for the development, as set forth in Chapter 64, Article I, Development Review.

(d)

Compliance with code required. No land shall be developed without full compliance with the provisions of this Code and all other applicable City, County, State, and Federal regulations.

(e)

Emergency exemption. Consistent with State law, the City Council may, by resolution and without any otherwise required prior notice or public hearing, authorize the City Manager. Planning Director, or City Engineer to deviate from the provisions of this Code during an emergency when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this Code.

(Ord. No. 2023-18, § 3, 9-26-2023)

This Code is intended to ensure that all development within the City's jurisdiction is consistent with the goals, objectives, and policies of the Vero Beach Comprehensive Plan, adopted April 4, 2018, and as amended. To the extent this Code is or becomes inconsistent with the Comprehensive Plan, it will be amended to maintain consistency with the Comprehensive Plan.

(Ord. No. 2023-18, § 3, 9-26-2023)

This Code is not intended to repeal, change, abrogate, annul, or in any way impair or interfere with the existing provisions of other laws or ordinances, except those repealed specifically or by implication of this title or of any private restrictions placed upon property by covenant, deed, or other private agreement.

(a)

Conflicts with other City regulations. If a provision of this Code is inconsistent with another provision of this Code, or with a provision found in other adopted Codes or ordinances of the City, a construction giving effect to all provisions in the same field should be adopted, but if this is not possible, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

(b)

Conflicts with State or Federal law. If a provision of this Code is inconsistent with a provision found in the law or regulations of the State or Federal government, the more restrictive provision shall control, to the extent permitted by law. A provision of this Code that is preempted by State law shall not be effective.

(c)

Relationship to private agreements. Nothing in this Code is intended to supersede, annul, or interfere with any easement, covenant, deed restriction, or other agreement between private parties, but such private agreements shall not excuse any failure to comply with this Code. Where this title imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot coverage, or requires greater lot areas, larger yards, or other open spaces than are imposed or required by such private restrictions, the provisions of this title shall govern. The City shall not be responsible for monitoring or enforcing private agreements.

(Ord. No. 2023-18, § 3, 9-26-2023)

It is the legislative intent of the City Council in adopting this Code that all provisions shall be construed to implement the City's adopted Comprehensive Plan and guide development in accordance with the existing and future needs of the City as established in this Code, and to promote the public health, safety, and welfare of landowners and residents of the City. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Code is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of any other provision of this Code. The City Council hereby declares that it would have adopted this Code and any section, subsection, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, or phrases of the Code is declared invalid by a court of competent jurisdiction.

(Ord. No. 2023-18, § 3, 9-26-2023)

Any person desiring any change in this Code should file an appropriate application with the Planning Director, as provided in Sec. 65.26, Specific procedures for Land Development Regulation text amendments. The costs for such application procedure shall be set by resolution.

(Ord. No. 2023-18, § 3, 9-26-2023)

Chapters 61, 62, 67 and 68 of Part III of The Code of the City of Vero Beach shall constitute and may be cited as the "Zoning Ordinance of the City of Vero Beach."

(Ord. No. 2023-18, § 3, 9-26-2023)

The City of Vero Beach is hereby divided into the following zoning districts which are set forth as follows:

Residential Districts:

R-1AAA, R-1AA, R-1A and R-1 Single-Family Residential

RM-8, RM-10, RM-10/12, and RM-13 Multiple-Family Residential

MPZ Master Plan Zone

CAV Cultural Arts Village

Nonresidential Districts:

P-1, P-2, and P-3 Park and Conservation

POI and I Office and Institutional

C-1A, C-1B, B-1, B-2, B-3, B-4, and C-1 Commercial

M Industrial

C-1M Marina

C-2M Marina and Yacht Club

ALI-A1, ALI-A2, and ALI-1 Airport Light Industrial

ALI-MC Airport Light Industrial—Multi-Activity Complex

AR-MHP Airport Residential—Mobile Home Park

TC-1, TC-2, and TC-3 Three Corners Waterfront

MXD Mixed Use

DTW Downtown

RCLO Residential, Congregate Living and Limited Office

GU Government Use

Overlay Districts:

Cardinal Drive/Ocean Drive Commercial Overlay

(Ord. No. 2023-18, § 3, 9-26-2023; Ord. No. 2025-08, § 2, 8-12-2025)

(a)

Establishment and maintenance. Land subject to this Code is divided into the various base and overlay zoning districts established in Sec. 60.08, Zoning districts, with the location and boundaries of the districts as shown on the Official Zoning Map. The Official Zoning Map shall be identified by the signature of the Planning Director and attested by the City Clerk. The Official Zoning Map is incorporated by reference and made part of this Code. The Official Zoning Map shall be the final authority as to the status of the current zoning district classification of land in the City.

(1)

The original and all revised versions of the Official Zoning Map shall be kept on file, in either hardcopy or digital form, in the office of the Planning Director.

(2)

Copies of the Official Zoning Map shall be made available for public inspection in the office of the Planning Director during normal business hours.

(b)

Interpretation. The Planning Director shall be responsible for interpretations of the Official Zoning District Map in accordance with the standards in Sec. 60.26. Interpretation of Official Zoning Map Boundaries.

(Ord. No. 2023-18, § 3, 9-26-2023)

(a)

Changes made in zoning district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with Sec. 65.27, Specific procedures for general Official Zoning Map amendments, Sec. 65.28, Specific procedures for site-specific Official Zoning Map amendments, or Sec. 65.29, Specific procedures for Planned Development Official Zoning Map amendments, as appropriate.

(b)

The Planning Director shall enter changes onto the Official Zoning Map promptly within five days after the effective date of the ordinance adopting the amendment. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, the Planning Director may enter on the Official Zoning District Map notations reflecting the ordinance wording. All amendments to the Official Zoning Map shall be listed in the order adopted in a separate register maintained and kept current by the Planning Director.

(c)

The Planning Director shall maintain copies of superseded versions of the Official Zoning Map for historical reference.

(Ord. No. 2023-18, § 3, 9-26-2023)

No part of a required yard or other required open space, or required off-street parking or off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure or use, except where specific provision is made in this title.

(Ord. No. 2023-18, § 3, 9-26-2023)

No lot or yard existing at the effective date of these zoning regulations shall thereafter be reduced in size, dimension, or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase, and the like. Lots or yards created after the effective date of these zoning regulations shall meet at least the minimum requirements established herein.

(Ord. No. 2023-18, § 3, 9-26-2023)

The following land uses are prohibited in the City of Vero Beach:

(a)

Boardinghouses. It shall be unlawful to operate a boardinghouse in any residential structure. Any boardinghouse operating under a development order dated prior to May 16, 1978 shall be deemed a non-conforming use and may continue to operate under that development order.

(b)

Medical marijuana treatment center dispensing facilities. It shall be unlawful to operate a medical marijuana treatment center dispensing facility, as defined under F.S. § 381.986, in the City. Any medical marijuana treatment center dispensing facility operating under a development order dated prior to July 1, 2017 shall be deemed a non-conforming use and may continue to operate under that development order. Any conditions contained in the development order which conflict with F.S. § 381.986, are deemed stricken and shall be of no force and effect. All City land use regulations not otherwise in conflict with said statute shall continue to apply.

(Ord. No. 2023-18, § 3, 9-26-2023)

(a)

Each dwelling unit shall contain at least 150 square feet of habitable floor space for the first occupant thereof and at least 100 square feet of habitable floor space per additional occupant. Habitable floor space shall not include bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas.

(b)

In every dwelling unit, rooms occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant hereof. Kitchens, bathrooms, living rooms, closets, toilet compartments, halls, and dining, storage, and utility rooms shall not be counted as rooms occupied for sleeping purposes in applying the requirements of this Section. Any designated room for sleeping purposes shall comply with the Florida Building Code.

(Ord. No. 2023-18, § 3, 9-26-2023)

(a)

Purpose. This article establishes and references procedures through which the city seeks to ensure compliance with the provisions of this Code and obtain corrections for code violations. It also sets forth the remedies and penalties that apply to violations of this Code. The provisions of this article are intended to encourage the voluntary correction of violations, where possible.

(b)

Compliance required. Compliance with all the procedures, standards, and other provisions of this Code is required by all persons owning, developing, managing, using, or occupying land or structures in the city. Compliance with federal, state, and local laws applicable to the use is required.

(c)

Code. For purpose of this article, "Code" refers to Part III, Land Development Regulations, of The Code of the City of Vero Beach.

(Ord. No. 2021-13, § 4, 9-7-2021)

(a)

Violations generally.

(1)

Failure to comply with code or term or condition of approval constitutes code violation. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Code, or the terms or conditions of any development order or authorization granted in accordance with this Code shall constitute a violation of this Code punishable as provided in this article.

(2)

Development orders only authorize development approved. A development order issued by a decision-making body or planning director authorizes only the use, arrangement, location, design, density or intensity, and development set forth in the development order.

(b)

Specific violations. It shall be a violation of this Code to undertake any activity contrary to the provisions of this Code, including, but not limited to, any of the following:

(1)

Develop land or a structure without first obtaining all appropriate development permits and approvals pursuant to Chapter 64, Article I, Development Review, and complying with their terms and conditions.

(2)

Occupy or use land or a structure without first obtaining all appropriate development permits and approvals pursuant to Chapter 64, Article I, Development Review, and complying with their terms and conditions.

(3)

Subdivide land without first obtaining all appropriate development permits and approvals pursuant to Chapter 70, Subdivisions, required to engage in land subdivision, and complying with their terms and conditions.

(4)

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate development permits and approvals pursuant to Chapter 73, Flood Damage Prevention and Drainage, and complying with their terms and conditions.

(5)

Remove existing trees from a site or parcel of land without first obtaining appropriate tree removal permits and approvals pursuant to Chapter 72, Article III, Tree and Palm Protection, and complying with their terms and conditions.

(6)

Disturb any landscaped area or vegetation required by the site plan or required by Code.

(7)

Install, erect, or maintain any temporary structure or use without first obtaining all appropriate temporary use permits and approvals pursuant to Chapter 64, Article I, Section 64.12, Temporary Use Permits, and complying with their terms and conditions.

(8)

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate sign permits and approvals pursuant to Chapter 38, Article I, Signs, and complying with their terms and conditions.

(9)

Fail to remove any sign installed, created, erected, or maintained in violation of this Code, or is an abandoned sign.

(10)

Develop land or a structure in the airport protection overlay zone, runway protection zone, runway approach surface zone, or noise impact zone without first obtaining all appropriate development permits and approvals pursuant to Chapter 68, Airport Zoning, and complying with their terms and conditions

(11)

Occupy or use public rights-of-way or erect, install, maintain or alter a structure in public rights-of-way without first obtaining all appropriate permits and approvals pursuant to Chapter 71, Public Rights-of-Way, and complying with their terms and conditions.

(12)

Alter, reconstruct, or remodel any historic building or site without first obtaining the appropriate certificate of appropriateness and approvals pursuant to Chapter 76, Historic Preservation, and complying with their terms and conditions.

(13)

Construct, alter, modify, or demolish a structure without first obtaining all appropriate permits and approvals pursuant to the Florida Building Code adopted by the City, and complying with their terms and conditions.

(14)

Create, expand, replace, or change any nonconformity except in compliance with this Code.

(15)

Increase the density of development, except in accordance with the standards of this Code.

(16)

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.

(c)

responsible persons. The owner, tenant, or occupant of any land or structure, or any person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Code may be held responsible for the violation and be subject to the remedies and penalties set forth in this Code.

(Ord. No. 2021-13, § 4, 9-7-2021; Ord. No. 2023-06, § 6, 4-18-2023)

(a)

Responsibility for enforcement. Code enforcement officers, in conjunction with the code enforcement board and special magistrates established and provided code enforcement authority under Chapter 2, Article VII, Code Enforcement, shall have responsibility for enforcing the provisions of the land development regulations in this Code. Further references in this article to city staff shall include city manager, planning director, city engineer or other city officials to whom code enforcement authority under this Code has been assigned.

(b)

Complaints regarding violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint with city staff. The complaint shall state fully the cause and basis for the alleged violation, and the complainant shall provide his or her name and address. On receiving a complaint, code enforcement officer shall properly record such complaint and take appropriate action pursuant to Chapter 2, Article VII, Code Enforcement.

(c)

Inspections. On presenting proper credentials and obtaining consent, city staff may enter on land or inspect any structure to ensure compliance with the provisions of this Code. If consent to entry is refused, city staff may apply for an inspection warrant pursuant to state law.

(d)

Enforcement procedures. If city staff finds reasonable cause to believe a violation of this Code exists, the city may act to enforce compliance with this Code in accordance with the notice and hearing procedures pursuant to Chapter 2, Article VII, Code Enforcement, and authorized by F.S. ch. 162. This Code is not intended to provide procedures in addition to, or different from, those required or authorized by Chapter 162.

(Ord. No. 2021-13, § 4, 9-7-2021)

(a)

Debts owed to city. Each applicant for a permit or approval under this Code shall submit a signed and sworn statement indicating whether the applicant is:

(1)

Delinquent in the payment of any business tax, fine, fee, special assessment, special charge, or special tax due to the city, provided that all appeals of the tax, assessment, or charge have been concluded or the time to appeal has expired;

(2)

A party against whom the city has an outstanding judgment, provided that all appeals of the judgment have been concluded or the time to appeal has expired; or,

(3)

A party against whom the city has outstanding code violations, fines, or orders from the code enforcement board that are not actively being abated, provided that all appeals of orders to correct violations have been concluded or the time to appeal has expired.

(b)

Non-individual applications.

(1)

Corporations. If the applicant is a corporation, a duly authorized officer or director of the corporation shall submit the sworn statement, which shall swear and affirm as to whether each officer and director of the corporation, as well as each shareholder owning five (5) percent or more of voting stock, meets any condition of (1)—(3) above.

(2)

Partnerships. If the applicant is a partnership or limited partnership, a duly authorized partner, general partner, or limited partner shall submit the sworn statement. The statement shall swear and affirm as to whether each partner, general partner, and limited partner meets any condition of (1)—(3) above.

(3)

Limited liability companies. If the applicant is a limited liability company, a duly authorized member or manager of the company shall submit the sworn statement. The statement shall swear and affirm as to whether each partner, general partner, and limited partner meets any condition of (1)—(3) above.

(Ord. No. 2021-13, § 4, 9-7-2021)

(a)

General. The city may use any combination of the following remedies and enforcement powers to administer and enforce this Code.

(b)

Civil remedies and penalties.

(1)

Issuance of stop work order. Whenever a building or structure is being constructed, demolished, renovated, altered, or repaired in violation of any applicable provision of this Code, city staff may issue a stop work order in accordance with the provisions of Chapter 2, Article VII, Section 2-296.

(2)

Revocation of development order. Planning director may revoke any development order or permit by written notice to the holder when false statements or misrepresentations were made in securing the development order, work is being or has been done in substantial departure from the approved plan or conditions, there has been a failure to comply with the requirements of this Code, or a development order has been mistakenly issued in violation of this Code.

(3)

Denial or withholding of related authorization.

a.

The planning director or decision-making body may deny or withhold authorization to use or develop any land, structure, or improvements until a violation related to the applicant or such land, structure, or improvements is corrected and any associated civil penalty is paid.

b.

The planning director or decision-making body may deny or withhold authorization to use or develop any land, structure, or improvements, if the applicant submits any statement which contains a material misstatement of fact or a fraudulent misrepresentation of any kind.

c.

Consistent with the provisions of Section 2-305(g), unless necessary for purposes of correcting a violation of this Code or to avoid imminent peril to life or property, no officer, official, agent, employee, or board of the City shall approve, grant, or issue any development order for any person where:

1.

The property that is the subject of the requested development order is the site of an uncorrected violation of any provision of this Code, or an unpaid code enforcement, correction, or abatement lien; or

2.

The applicant for the development order has any unpaid civil penalty or costs arising from a code enforcement action regarding the real property that is the subject of the request.

d.

Appeal of any denial or refusal to act pursuant to this paragraph (3) shall be as provided in accordance with Section 64.04, Administrative appeals and stay of action, for appeals of the planning director's decision.

(4)

Citation and civil penalties. Any violation of this Code may be treated as a civil infraction in accordance with the code enforcement provisions set forth in Chapter 2, Article VII, Code Enforcement. In accordance with Section 2-300, each violation of a code provision entered under this Article shall be punishable by assessment of a civil penalty not to exceed five hundred dollars ($500.00). Each act of violation and each day upon which any violation shall occur shall constitute a separate offense punishable by such penalty.

(5)

Administrative fines.

a.

General. The code enforcement board or a special magistrate, on receiving notice from code enforcement office or planning director that an order it issued has not been complied with by the time specified in the order, or on finding that a repeat violation has been committed—may order the violator to pay an administrative fine pursuant to Section 2-300.

b.

Criteria for determining amount of fine. In determining the amount of a fine imposed under this section, the code enforcement board or a special magistrate shall consider the following factors:

1.

The gravity of the violation;

2.

Any actions taken by the violator to correct the violation; and

3.

Any previous violations committed by the violator.

c.

Lien. On being recorded with the Indian River County Clerk of the Circuit Court, an order imposing an administrative fine or an administrative fine plus repair costs shall, in accordance with F.S. ch. 162, constitute a lien against the land on which the violation exists and on any other real or personal property owned by the violator, and may be recovered through suit or foreclosure.

(6)

Injunction. When a violation occurs, the city may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.

(7)

Order of abatement.

a.

In addition to an injunction, the city may enter an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

1.

That buildings or other structures on the land be closed, demolished, or removed;

2.

That fixtures, furniture, or other moveable property be moved or removed entirely;

3.

That improvements, alterations, modifications, or repairs be made;

4.

That removed trees be replaced;

5.

That the abatement will occur at the property owner's expense; and

6.

That any other action be taken as necessary to bring the land into compliance with this Code.

b.

The city may execute an order of abatement and shall have a lien on the property for the cost of executing the order.

(8)

Compliance agreements. The city may enter into compliance agreements with the property owner to correct the code violation pursuant to the provisions of Chapter 2, Article VII, Section 2-302, Compliance agreements.

(9)

Equitable remedy. The city may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Code. The fact that other remedies are provided under general law or this Code shall not be used by a violator as a defense to the city's application for equitable relief.

(c)

Cumulative remedies and penalties. The remedies and penalties provided for violations of this Code—whether civil or criminal—shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.

(Ord. No. 2021-13, § 4, 9-7-2021)

The following rules shall apply for construing or interpreting the terms and provisions of this Code.

(a)

Meanings and intent. All provisions, terms, phrases, and expressions contained in this Code shall be interpreted in accordance with the general purposes set forth in Sec. 60.03, General purpose and intent, and the specific purpose statements set forth throughout this Code. When a specific section of these regulations gives a different meaning than the general definition provided in Chapter 60, Article IV, Definitions, the specific section's meaning and application of the term shall control.

(b)

Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this Code and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied on as a complete and accurate description of all applicable regulations or requirements.

(c)

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms like "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

(d)

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the City of Vero Beach. References to days are calendar days unless otherwise stated.

(e)

References to other regulations/publications. Whenever reference is made to a resolution, ordinance, code, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, code, statute, or document, unless otherwise specifically stated.

(f)

Delegation of authority. Any act authorized by this Code to be carried out by the Planning Director or City Engineer may be carried out by any City employee or agent designated with the authority to do so.

(g)

Technical and nontechnical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(h)

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the City of Vero Beach, unless otherwise indicated.

(i)

Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

(j)

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1)

"And" indicates that all connected items, conditions, provisions or events apply or are required; and

(2)

"Or" indicates that one or more of the connected items, conditions, provisions or events apply or are required.

(k)

Tenses and plurals. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

(l)

General term not defined. If a term used in this Code is not defined in this article, the Planning Director shall have the authority to provide a definition based on the definitions used in accepted sources, including, but not limited to, the most recent editions of A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions (all published by the American Planning Association), the Merriam-Webster Unabridged Dictionary, and other technical or professional sources related to the Code section.

(m)

Only specified uses allowed; interpretation.

(1)

No principal use shall be allowed in a zoning district unless it is specifically listed as a permitted, conditional, or special permit use in that zoning district.

(2)

Uses that are specifically required to be allowed in any zoning district by applicable State law shall be allowed in accordance with such State law, whether or not the use is listed as a specified allowable use. However, it is the City's express intent that such pre-emption apply only to the extent clearly required by State law, and that such use must otherwise fully conform with the City's Land Development Regulations.

(3)

The Planning Director shall determine in writing if a use that is not specifically listed can be reasonably interpreted to fit into a category of all allowable uses in the subject zoning district where similar uses are described, using as a guide the latest edition of A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions (all published by the American Planning Association), and the Merriam-Webster Unabridged Dictionary. Nothing shall preclude the Planning Director from first obtaining guidance from Planning and Zoning Board prior to making such determination.

(Ord. No. 2023-18, § 4, 9-26-2023)

(a)

Boundary interpretation rules. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(1)

Centerlines. Boundaries shown as approximately following a street, road, alley, railroad, drainage facility or other public access way shall be interpreted as following the centerline of the right-of-way, except where ownership of the vacated right-of-way is divided other than at the center, in which case the boundary shall be construed as moving with the ownership.

(2)

Lot lines. Boundaries shown as approximately following a parcel or lot line shall be interpreted as following the parcel or lot line as it existed when the boundary was established. If a subsequent minor lot line adjustment results in the property line moving 10 feet or less, the zoning boundary shall be interpreted as moving with the property line.

(3)

City limits. Boundaries shown as approximately following established municipal corporate limits or other political boundaries shall be interpreted as following the corporate limits or boundary.

(4)

Shorelines. Boundaries shown as approximately following the shoreline of the Atlantic Ocean, Indian River Lagoon, or other navigable bodies of water shall be interpreted as following the shoreline at mean high water and as moving with the mean high-water line to the extent the shoreline moves as a result of natural processes (flooding, erosion, sedimentation, etc.).

(5)

Body of water. Boundaries shown as approximately following a river, stream, canal, or other watercourse shall be interpreted as following the centerline of the watercourse as it actually exists, and as moving with that centerline to the extent the watercourse moves as a result of natural processes (flooding, erosion, sedimentation, etc.).

(6)

Boundaries shown as entering a body of water shall be interpreted as continuing in the direction at which they enter the body of water and extending until they intersect another zoning district boundary or similarly extended boundary, or the limits of the City's jurisdiction, except for submerged land owned by the State and leased for marina use, City owned submerged land designated for marina use, and private submerged land designated for marina use.

(7)

Boundaries parallel. Boundaries indicated as parallel to or extensions of features indicated in subparagraphs (1) through (6) above shall be construed as being parallel to or extensions of such features.

(8)

If the specific location of a depicted boundary cannot be determined from notations on the Official Zoning Map or application of the above standards, it shall be determined by using the map's scale to determine the boundary's distance from other features shown on the map.

(b)

Situations requiring interpretation: In situations not covered by the preceding rules in this Section or where the property or street layout existing on the ground is at variance with that shown on the Official Zoning Map, the Planning Director shall interpret the Official Zoning Map in accordance with the intent and purpose of these zoning regulations.

(Ord. No. 2023-18, § 4, 9-26-2023)

(a)

Organization. Each zoning district has the following use and structure tables:

(1)

Principal use table, sets out which land uses are allowed as principal uses of a parcel, where they are allowed, what type of permit or review is required to establish them, and any special standards applicable to particular principal uses.

(2)

Accessory use tables, identifies a number of land uses commonly allowed as accessory to principal uses and sets out where they are allowed, what type of permit or review is required to establish them, general standards applicable to all accessory uses, and any special standards applicable to particular accessory uses.

(3)

Accessory building and structure tables, identifies a number of structures commonly allowed as accessory to principal structures and sets out where they are allowed, what type of permit or review is required to construct them, general standards applicable to all accessory structures, and any special standards applicable to particular accessory structures.

(4)

Temporary use and structure table, sets out which land uses and structures allowed on a temporary basis, whether a Temporary Use Permit is required to establish them, general standards applicable to all temporary uses and structures, and any special standards applicable to particular temporary uses and structures.

(b)

Principal use tables.

(1)

Structure of principal use tables.

a.

Organization and classification of principal uses. The Principal Use Tables organize allowable principal uses with the following hierarchy of use classifications:

i.

All land uses are broadly classified as either residential or nonresidential uses.

ii.

Use Classifications represent groups of land uses that have common functional, product, or physical characteristics, such as the type and amount of activity, type of occupants or users/customers, or operational characteristics. The following Use Classifications are used in the Principal Use Tables:

Residential Uses - Dwellings

Residential Uses - Group Living

Residential Uses - Accommodations

Nonresidential Uses - Agricultural

Nonresidential Uses - Commercial

Nonresidential Uses - Institutional

Nonresidential Uses - Public Assembly

Nonresidential Uses - Transportation

Nonresidential Uses - Utilities

Nonresidential Uses - Recreational

Nonresidential Uses - Industrial.

iii.

Use Types identify specific principal land uses whose characteristics are considered to fall within the various use categories. For example, commercial amusements, offices, and retail sales and services are use types within the Nonresidential Uses - Commercial use category. Each use type is defined in Chapter 60, Article IV, Definitions.

iv.

Classifying principal uses in this manner provides a systematic basis for determining whether a particular land use not expressly listed should be considered a form or example of a listed principal use, and for addressing future additions to the Principal Use Tables. See Sec. 60.25(m), Only specified uses allowed; interpretation, for the procedures to interpret unlisted uses.

b.

Designation of principal uses as permitted use or conditional use. The Principal Use Tables use the following abbreviations to designate whether and how a principal use is allowed in a particular zoning district:

i.

A "P" indicates that the use is allowable as a principal use by right in the corresponding zoning district on approval of a code compliance permit in accordance with Sec. 64.05 or an approved site plan in accordance with Sec. 64.10. Any standards set forth for the specific use and all other applicable regulations of this Code apply to approval of the principal use.

ii.

A "C" indicates that the use is allowable as a conditional use in the corresponding zoning district only on approval of a major site plan in accordance with Sec. 64.10. General standards for conditional uses in Sec. 64.13, any standards set forth for the specific use, and all other applicable regulations of this Code apply to approval of the conditional use.

iii.

A blank cell indicates that the use is not permitted as a principal or conditional use in the corresponding zoning district.

(2)

Reference to use specific standards. A particular use allowable as a permitted or conditional use in a district may be subject to additional standards in Chapter 67, Use Specific Standards that are specific to the particular use. The applicability of such use-specific standards is noted through a section reference in the "Use Specific Standards" column.

(3)

Multiple principal uses. Although development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., gift shop as accessory to a museum), development may include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, artist live/work unit with a multi-family dwelling, and a community garden with an art and cultural center). A development with multiple principal uses shall include only those principal uses designated in the principle use table as allowed in the applicable zoning district, and each principal use shall be subject to any use-specific standards applicable to the use.

(c)

Accessory use tables.

(1)

Purpose of accessory use tables. The accessory use tables authorize the establishment of accessory uses that are incidental and customarily subordinate to principal uses for each zoning district. The purpose of these tables in each zoning district is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use and comply with the accessory use standards for each district to reduce potentially adverse impacts on surrounding lands.

(2)

Applicability. Any use that is customarily incidental and subordinate to a principal use of the same lot is allowed as an accessory use to the principal use.

a.

Sec. 60.27(c)(3), Abbreviations used in accessory use tables, explains the abbreviations used in the tables showing whether a particular type of accessory use is permitted within the various zoning districts.

b.

Sec. 67.13(b), General standards for all accessory uses, establishes general standards that apply to all allowed accessory uses and structures.

c.

Sec. 67.13(c), Standards for specific accessory uses, establishes standards that apply to particular types of accessory uses regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this Code. The uses are organized alphabetically.

(3)

Abbreviations used in accessory use tables. In the table designating which accessory uses are allowed by zoning district, the following abbreviations apply:

a.

An "A" indicates that the use is allowable as an accessory use in the corresponding zoning district only on approval of a code compliance permit in accordance with Sec. 64.05 or an approved site plan in accordance with Sec. 64.10.

b.

A blank cell indicates that the use is prohibited as an accessory use in the corresponding zoning district.

(d)

Accessory buildings and structures tables.

(1)

Purpose of accessory buildings and structures tables. The accessory buildings and structures tables authorize the construction of accessory buildings or structures that are incidental and customarily subordinate to principal uses or buildings for each zoning district. The purpose of these tables in each zoning district is to allow a broad range of accessory buildings and structures, so long as such uses are located on the same site as the principal use or building and comply with the accessory building and structure standards for each district to reduce potentially adverse impacts on surrounding lands.

(2)

Applicability. Any use that is customarily incidental and subordinate to a principal use of the same lot is allowed as an accessory use to the principal use.

a.

Sec. 60.27(d)(3), Abbreviations used in accessory building and structure tables, explains the abbreviations used in the tables showing whether a particular type of accessory building or structure is permitted within the various zoning districts.

b.

Sec. 67.14(b), General standards for all accessory buildings and structures, establishes general standards that apply to all allowed accessory buildings and structures.

c.

Chapter 67.14(c), Standards for specific accessory buildings and structures, establishes standards that apply to particular types of accessory buildings and structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this Code. The building and structure types are organized alphabetically.

(3)

Abbreviations used in accessory buildings and structures tables. In the table designating which accessory buildings or structures are allowed by zoning district, the following abbreviations apply:

a.

A check "✓" indicates that the building or structure is allowed as an accessory building or structure by right in the corresponding zoning district, subject to compliance with the applicable zoning districts table with dimensional standards for accessory buildings and structures, any standards set forth for the specific building or structure in Sec 67.14(c), Standards for specific accessory buildings and structures, and all other applicable regulations of this Code that apply to the accessory building or structure. No code compliance permit is required.

b.

An "A" indicates that the building or structure is allowable as an accessory building or structure in the corresponding zoning district only on approval of a code compliance permit in accordance with Sec. 64.05 or an approved site plan in accordance with Sec. 64.10.

c.

A blank cell indicates that the accessory building or structure is not allowed as an accessory building or structure in the corresponding zoning district.

(e)

Temporary use and structure tables.

(1)

Purpose of temporary use and structure tables. The temporary use and structure tables authorize the establishment of certain temporary uses (including special events) of a limited duration and temporary structures, provided that such uses, structures, and events do not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure.

(2)

Applicability.

a.

Sec. 64.42, Prohibited temporary uses and structures, lists several temporary uses and structures that are expressly prohibited.

b.

Sec. 64.43, General standards for all temporary uses and structures, establishes general standards that apply to all allowed temporary uses and structures.

c.

Sec. 64.44, Standards for specific temporary uses and structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this Code. The uses are organized alphabetically.

d.

Sec. 60.27(e)(3), abbreviations used in Temporary Use/Structure District Tables, explains the abbreviations used in the tables showing whether a particular type of temporary use or structure is permitted or prohibited within the various zoning districts.

(3)

Abbreviations used in temporary use/structure district tables. In the tables designating the zoning districts in which a temporary use or structure is allowed, the following abbreviations apply:

a.

A check "✓" indicates that the use or structure is allowed as a temporary use by right in the corresponding zoning district, subject to compliance with Sec. 64.43, General standards for all temporary uses and structures, any standards set forth for the specific use or structure, and all other applicable regulations of this Code. No temporary use permit is required.

b.

A "T" indicates that the use or structure is allowable as a temporary use in the corresponding zoning district only on approval of a temporary use permit in accordance with Sec. 64.12, Temporary Use Permit, and subject to compliance with Sec. 64.43. General standards for all temporary uses and structures, any standards set forth for the specific use or structure, and all other applicable regulations of this Code.

c.

A blank cell indicates that the use or structure is prohibited as a temporary use or structure in the corresponding zoning district.

(Ord. No. 2023-18, § 4, 9-26-2023)

(a)

Measurement.

(1)

Lot area or size. Lot or parcel area shall be determined by measuring the total horizontal land area (in square feet) within the lot lines of the lot—excluding any area within existing or proposed public street rights-of-way, but including any submerged land.

(2)

Lot width. Lot or parcel width shall be determined by calculating the mean horizontal distance between the side lot lines of a lot, or for corner lots, between a front lot line with the longest frontage and the opposite side lot line of the, as measured along a line running along the midpoints between the side lot lines, or between the front lot line and the opposite side lot line, as appropriate.

(3)

Lot depth. Lot or parcel depth shall be determined by calculating the mean horizontal distance between the front lot line and rear lot line of a lot, or for corner lots, between a front lot line with the shortest frontage and the opposite side lot line of the lot, as measured along a line running along the midpoints between the side lot lines, or between the front lot line and the opposite side lot line, as appropriate.

(4)

Unit density (dwelling units per acre). Unit density (expressed as dwelling units per acre) shall be determined by dividing the total number of dwelling units located or proposed on a parcel by the lot area (see paragraph (1) above) and multiplying the result by 43,560.

(5)

Room density (room units per acre). Room density (expressed as room units per acre) shall be determined by dividing the total number of room units located or proposed on a parcel by the lot area (see paragraph (1) above) and multiplying the result by 43,560.

(6)

Floor area: The sum of the square feet of each floor in a building or area in a structure under roof that is enclosed for more than fifty (50) percent of its perimeter, as measured from the exterior face of the exterior walls or enclosing structure, excluding open and screened porches, patios, outside balconies, loggias, or similar outdoor structures that are part of a residential building.

(7)

Floor area per dwelling unit. Floor area per dwelling unit shall be determined by measuring the sum of the gross horizontal area (in square feet) of each floor of a dwelling unit, measured from the exterior walls or the centerline of party walls—and excluding any areas used as porches, patios, terraces, garages, carports, covered parking spaces, or other non-roofed areas.

(8)

Floor area ratio (FAR). Floor area ratio shall be determined by dividing the gross floor area (in square feet) of all buildings located or proposed on a lot or parcel by the total lot or parcel area (in square feet).

(9)

Lot coverage. Lot coverage (expressed as a percentage of lot area) shall be determined by measuring the total horizontal land area (in square feet) covered by all principal and accessory buildings on the lot, dividing that coverage area by the total lot area (see paragraph A above), and multiplying the result by 100.

(10)

Open Space. Open space (expressed as a percentage of lot area) shall be determined by measuring the total pervious landscaped area (in square feet) unencumbered by structures, buildings, paved or grass parking lots, driveways, walkways or sidewalks, patios, pools, decks, artificial lawns, or any impervious surface, dividing that coverage area by the total lot area (see paragraph A above), and multiplying the result by 100. Fifty percent (50%) of lot area with waterbodies completely surrounded by uplands on a lot shall be considered open space. Waterbodies adjacent to the lot including submerged land owned by the same owner as the adjacent uplands shall be excluded from open space calculations.

(11)

Building height. Except where specifically modified by other State or Federal Regulations, the regulations of this Section shall govern the measurement of building heights, consistent with the intent of Section 5.06 of the City Charter.

a.

Starting point for height measurements. The starting point for measurement of any building height shall be whichever is the highest elevation of the following:

i.

The existing weighted average grade elevation of the property;

ii.

The base flood elevation plus 12 inches, if located within an AE flood zone;

iii.

The base flood elevation plus 18 inches, if located within a coastal high hazard area (V Zone);

iv.

The required Florida Department of Environmental Protection (FDEP) elevation plus 18 inches, if located seaward of the Coastal Construction Control Line;

v.

The Design Flood Elevation; if an institutional or public assembly use is located within an AE flood zone; or,

vi.

18 inches above the crown of the nearest adjoining improved road.

b.

End point for height measurements. The height of buildings shall be measured vertically from the applicable starting point in Sec. 60.28(a)(8)a above to the following:

i.

The highest point of the building or part thereof for single family and duplex buildings, excluding chimneys.

ii.

The highest point of the building or part thereof for buildings located within a POI district, except single family and duplex buildings.

iii.

The highest roof edge of a flat or shed roof or the eave of a gable, hip, gambrel, or mansard roof for all other buildings not listed under subsections i and ii above.

c.

Building height limits. The maximum height of buildings shall be as follows:

i.

Single family and duplex buildings shall not exceed 35 feet in height.

ii.

Buildings within a POI district shall not exceed 35 feet in height.

iii.

All other buildings not listed in subsections i and ii above shall not exceed the building height limits provided in the dimensional standards for the zoning district in which the buildings are located and shall be allowed an additional height allowance beyond the maximum height limits for inclusion of architectural embellishments as provided for in Sec. 60.28(a)(8)d below.

d.

Embellishments. The maximum height of any buildings in Sec. 60.28(a)(8)c.iii above may be exceeded to allow architectural embellishments.

i.

Architectural embellishments shall not exceed the maximum allowable building height by more than 15 feet as vertically measured from the end point in Sec. 60.28(a)(8)c above to the highest point of the building or any structure or part thereof.

ii.

No habitable space or floor area shall be allowed above the ending measurement point of Sec. 60.28(a)(8)b above except for the following:

1.

Access to roof-mounted mechanical equipment.

2.

Where permitted by the zoning district, furnished rooftop decks, patios, swimming pools, and saunas, including the rooftop access, such as stair and elevator lobbies, landings and entryways and any ancillary equipment and safety equipment.

3.

Notwithstanding this prohibition, the ceiling volume of any usable or habitable space on the highest floor of the building may be contained within the embellishment area.

e.

Existing weighted average grade elevation. The existing weighted average grade elevation of the property shall be based on the elevations of the property prior to site preparation. Any portion of the property located seaward of a seawall or the natural dune shall be excluded from this calculation. The specific methodology and information requirements for determining existing weighted average grade elevation shall be established by the City Engineer.

f.

Design flood elevation. For purposes of measuring building height, the design flood elevation shall be based an engineering analysis that established the elevation of the design flood, including wave height, relative to the datum specified on the flood hazard map, and to protect a building against a flood resulting from the average of a maximum Category 3 and Category 4 Hurricane. The specific methodology and information requirements for determining the design flood elevation of a building shall be established by the Planning Director, based on accepted methodology from the ASCE 24.

g.

Vesting provisions. Any lawfully established building existing or issued a development order on or before August 21, 2007, that is made nonconforming by virtue of exceeding the height limitations of this Code due to Sec. 60.28(a)(8)a, b, c, and/or d above, may be restored to the height previously authorized by the City, if said structure should be involuntarily damaged or destroyed by fire, flood, explosion, collapse, wind, war, or other sudden catastrophe in excess of 50 percent of the just valuation of the structure, as defined in Section 64.27.

h.

Height certification. Any proposed building or additions to an existing building that will result in a building height at or within one foot of the height limits in this Code shall be required to have the height of the constructed new building or addition certified by a licensed surveyor prior to the issuance of a Certificate of Occupancy. The licensed surveyor shall survey the elevation of the starting point pursuant to Sec. 60.28(a)(8)a above, the end point pursuant to Sec. 60.28(a)(8)b above and the highest point of any embellishments pursuant to Sec. 60.28(a)(8)d above, if applicable. The applicant shall submit the completed signed and sealed building height certification form to the Planning Director on a form prescribed by the Planning Director.

(12)

Yard setbacks.

a.

Generally. Front, side, and rear yard setbacks on a lot or parcel shall be determined by measuring the horizontal distance along a straight line extending at a right angle from the lot's front, side, or rear lot line (as appropriate) to the foundation of the nearest structure on the lot. Allowable encroachments into required yards shall be ignored when measuring yard setbacks (See Section 60.28(b)(1), Allowable required yard encroachments).

b.

Front yard setback.

i.

Corner lot. There shall be a front yard on each street side of a corner lot or parcel.

ii.

On a corner lot or parcel where the intersecting right-of-way boundaries are defined by a radius, the front yard setback shall be measured, and the minimum front yard setback requirement shall be applied, from the front lot line defined by one right-of-way boundary as extended to form an intersecting angle with an extension of the side lot line defined by the other right-of-way boundary.

iii.

Through lot. On a through lot or double frontage lots, the front yard setback shall be measured, and the minimum front yard setback requirement shall be applied, from both of the parallel or nearly parallel street-fronting lot lines.

iv.

Measured from future street right-of-way. Where the Comprehensive Plan calls for the future widening of the street right-of-way abutting a lot or parcel and identify the future right-of-way boundary (e.g., by delineating the boundary or establishing its distance from the street's centerline), the minimum front yard setback on the lot shall be measured from the future right-of-way boundary.

v.

Maximum. In zoning districts with a maximum front yard setback, no portion of the building front façade shall be placed further into the lot than the established maximum front setback for the district.

c.

Lots abutting an alley. When a lot or parcel abuts upon an alley right-of-way (ROW), one-half of the ROW, measured to the centerline of the ROW, may be considered as part of the required rear yard.

(b)

Exceptions and variations.

(1)

Allowable required yard encroachments. Every part of every required yard shall remain open and unobstructed from the ground to the sky by any structure except as otherwise allowed in Table 60.1, Allowable Required Yard Encroachments, or allowed or limited by provisions in the zoning district standards, or elsewhere in this Code.

Table 60.1: Allowable Required Yard Encroachments

(2)

Maximum height exceptions. The maximum height limits established in the zoning districts or by Sec. 60.28(a)(8), Building height, shall not apply to telecommunication towers or antennas, provided they comply with Chapter 69, Telecommunication Tower and Antenna Siting and are not in conflict with the height regulations established by flight regulations of the Vero Beach Regional Airport and the Federal Aviation Administration.

(3)

Use of lots less than required size. Any lot of record on February 1, 1969, which contains less land area or width than is required in the zoning district it is located may be used for the uses permitted in such district if such lot, at said time, does not adjoin other land of the same owner available for use in connection with said lot.

(4)

Minimum buildable width. The minimum buildable width of a lot shall not be reduced to less than 30 feet with the application of all yard setbacks.

(Ord. No. 2023-18, § 4, 9-26-2023; Ord. No. 2025-08, § 3, 8-12-2025)

The following words and phrases, when used in this title, shall, for the purpose of this title, have the meanings respectively ascribed to them in this appendix, except in those instances where the context clearly indicates a different meaning:

Accessory structure or use: A structure or use that is customarily associated with and is appropriately incidental and subordinate to an allowable principal use or structure and located on the same lot, unless expressly permitted on a separate lot as provided elsewhere in this part.

(Ord. No. 2015-02, § 3, 1-6-2015)

Administrative service: A service or activity typically performed by not-for-profit private or public person(s), partnership, association, corporation, or other group whose activities are conducted for civic, or humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group. Administrative service use includes but is not limited to supporting office use, counseling service, employment service, vocational or trade training, housing service, and supporting personal service. Administrative service use does not include emergency residential or homeless shelter, food and goods distribution facility, or blood bank. A counseling or training service shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or medical service use.

(Ord. No. 2021-04, § 2, 4-20-2021)

Adult congregate living facility (ACLF): A home, institution, building(s), or residence(s) licensed by the state, which provides housing, food service, and one or more personal services for a period exceeding 24 hours to four or more adults who are not related to the operator of the facility. Such facility may provide extended congregate care, limited nursing services, and limited mental health services for on-site residents when licensed by the state for such services.

(Ord. No. 93-10, § 1, 5-4-1993)

Aggrieved person: A person who has a legally recognizable interest that is or will be adversely affected by an administrative or quasi-judicial decision pursuant to this part. The alleged interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons.

(Ord. No. 2003-34, § 12, 11-4-2003; Ord. No. 2015-02, § 3, 1-6-2015)

Alcoholic beverage services: Any establishment licensed under The Beverage Law for the State of Florida to sell or serve beer, wine, or other alcoholic beverages for on or off premises consumption.

(Ord. No. 2023-14, § 3, 9-26-2023)

Allowable use: A permitted, conditional, or special permit use in a zoning district.

(Ord. No. 2015-02, § 3, 1-6-2015)

Amusement game or machine is a game or machine operated only for the bona fide entertainment of the general public which a person activates by inserting or using currency or a coin, card, coupon, slug, token, or similar device, and, by the application of skill, with no material element of chance inherent in the game or machine, the person playing or operating the game or machine controls the outcome of the game. The term does not include:

l.

Any game or machine that uses mechanical slot reels, video depictions of slot machine reels or symbols, or video simulations or video representations of any other casino game, including, but not limited to, any banked or banking card game, poker, bingo, pull-tab, lotto, roulette, or craps.

2.

A game in which the player does not control the outcome of the game through skill or a game where the outcome is determined by factors not visible, known, or predictable to the player.

3.

A video poker game or any other game or machine that may be construed as a gambling device.

4.

Any game or device defined as a gambling device in 15 U.S.C. § 1171, unless excluded under 15 U.S.C. § 1178.

(Ord. No. 2019-20, § 2, 9-17-2019)

Architectural embellishments: For the purpose of measuring height of buildings, architectural embellishments include, but are not limited to mansard, gable, hip, and gambrel roofs, parapets and parapet walls, steeples and spires, and mechanical equipment including, but not limited to, elevator shafts, air conditioning condensing units, and cooling towers.

(Ord. No. 2023-14, § 3, 9-26-2023)

Art(s): All forms of original creations of creative or visual art, including, but not limited to: sculpture, painting, photography, crafts, calligraphy, fine arts, music, creative writing and poetry, film and the performing arts.

(Ord. No. 2021-04, § 2, 4-20-2021)

Artist: A person whose profession is the practice of an artistic discipline including all forms of creative and imaginative expression, such as, but not limited to, the fine arts, music, creative writing and poetry, film and the performing arts.

(Ord. No. 2021-04, § 2, 4-20-2021)

Art, dance and music studio: An establishment for the production or instruction in the various arts (e.g. dance, painting, sculpting, singing).

(Ord. No. 2021-04, § 2, 4-20-2021)

Art gallery: An establishment engaged in the sale, loan, or display of paintings, sculpture, or other works by artist to the general public. This definition does not include libraries, museums, or non-commercial art galleries.

(Ord. No. 2021-04, § 2, 4-20-2021)

Art studio: A place designed as a workspace for an artist engaged in the application or instructions of the arts, including the accessory sale of art produced on the premises.

(Ord. No. 2021-04, § 2, 4-20-2021)

Art and cultural center: A facility used for educational and cultural activities providing for display, performance, or enjoyment of heritage, history, or the arts, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. This use includes but is not limited to: arts performance venues, cultural centers, or interpretive sites, but does not include commercially-operated theatres.

(Ord. No. 2021-04, § 2, 4-20-2021)

Artist live/work unit: A place designed to be used for both a dwelling place and a place of work by an artist, artisan, or craftsperson, including persons engaged in the application, exhibiting, teaching, or instruction of fine arts, such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, pottery, and writing.

(Ord. No. 2021-04, § 2, 4-20-2021)

Assisted living facility: A facility operated pursuant to F.S. Ch. 429, in which provides housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who do not require hospitalization or skilled or intermediate nursing care, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration, and who are not relatives of the owner or administrator.

(Ord. No. 2021-04, § 2, 4-20-2021)

Banquet and meeting centers: Commercial establishments, not open to the general public, providing meeting facilities or hall available for rent by private individuals or groups, parties, or private functions including, but not limited to, meetings, seminars, banquets, and weddings and other similar celebrations. The facility may also include on-site kitchen/catering facilities, outdoor reception facilities, and be associated with a restaurant. This term does not include banquet halls, clubs, lodges, or other meeting facilities of private or nonprofit groups that are primarily used by group members.

(Ord. No. 2023-14, § 3, 9-26-2023)

Beach services area: An area of the beach used by a commercial establishment to provide recreational equipment, such as surf or paddle boards, float devices, and other similar recreational equipment, or beach furniture, such as beach chairs, tables, tents, beach cabanas, and other beach furniture as a service to hotel or motel patrons or as rental to visitors of a hotel, motel, restaurant or recreational facility.

(Ord. No. 2023-14, § 3, 9-26-2023)

Bed and breakfast inn: An owner-occupied business that provides transient accommodations by renting one (1) or more sleeping rooms on a daily basis to a guest(s), generally, in a structure designed for and used as a single-family dwelling or in a detached guest house; and may provide guests breakfast.

(Ord. No. 2021-04, § 2, 4-20-2021)

Blue stormwater infrastructure: A water-based natural area or natural feature, or an engineered system or feature designed to protect, mimic, or enhance a natural function that absorbs and filters pollutants to improve water quality, attenuates shoreline erosion to provide coastal resilience, protects communities from flooding or storm surge, reduces erosion, or sequesters carbon. Blue stormwater infrastructure includes water elements, like canals, ponds, wetlands, floodplains, or similar water treatment facilities.

(Ord. No. 2025-08, § 4, 8-12-2025)

Boardinghouse: A dwelling unit within which more than one individual room or one suite, but less than the entire dwelling unit, is used, maintained, or offered for rental.

(Ord. No. 92-10, § 2, 4-7-1992; Ord. No. 2013-14, § 2, 9-3-2013)

Broadcast studios. An establishment containing one (1) or more broadcasting studios for over-the-air, cable, satellite, or internet delivery of radio or television programs, or studios for the audio or video recording or filming with or without live audiences of musical performances, radio or television programs, or motion pictures. This term does not include a transmission tower or telecommunications facility.

(Ord. No. 2020-18, § 2, 10-6-2020)

Building: Any structure having a roof built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for at least 50 percent of its perimeter. The term "building" shall be as if followed by the words "or part thereof." (For the purpose of this Code, each portion of a building separated from other portions by a fire wall shall be considered as a separate building.) For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds.

(Ord. No. 2015-02, § 3, 1-6-2015)

Camouflaged antenna: Any means of siting or constructing telecommunications antenna so as to conceal, hide, disguise, or alter antenna appearance such that it is not visible from a public right-of-way or adjacent property.

(Ord. No. 97-02, § 5, 1-21-1997)

Child care services: Facilities for the providing of child care for more than five children unrelated to the operator, which operator receives a payment, fee, or grant for providing such care to any of the children, wherever such use is operated, and whether or not operated for profit, except for family day care homes specifically excluded from this definition by F.S. § 166.0445.

(Ord. No. 87-77, § 1, 12-1-1987; Ord. No. 2015-02, § 3, 1-6-2015; Ord. No. 2023-14, § 3, 9-26-2023)

Church or place of worship: A facility where activities are customarily performed in a building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clubs, beach: A private club providing for recreational and social activities related to and in close proximity to the beach.

(Ord. No. 2023-14, § 3, 9-26-2023)

Clubs, health & fitness: Facilities, operated for profit or not-for-profit, for members or nonmembers designed and equipped for the conduct of passive or active exercise, such as running, jogging, aerobics, and weightlifting; recreational activities, such as court sports or swimming; leisure activities; and related activities for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The facilities may also include, but are not limited to: locker rooms, showers, whirlpools, massage rooms, and saunas. The use does not include public or private recreational facilities.

(Ord. No. 2023-14, § 3, 9-26-2023)

Clubs, non-profit: Private club facilities for a group of people formally organized, as a non-profit organization, for a common interest, usually cultural, religious, or entertainment, with regular meetings and formal written membership requirements. The facilities may also include, but are not limited to: dining or banquet facilities that are primarily used by organization members.

(Ord. No. 2023-14, § 3, 9-26-2023)

Clubs, private: Buildings and facilities owned or operated by a corporation, person, or association of persons catering to members and their guests, which are not available for unrestricted public access or use, for a social, educational, athletic, or recreational purpose. Such a club may be either a profit-making or a nonprofit enterprise.

(Ord. No. 2023-14, § 3, 9-26-2023)

Clubs, social: A private club with social, dining, and recreation facilities for members, their families, and invited guests.

(Ord. No. 2023-14, § 3, 9-26-2023)

Collocation: Location of two or more communication antennas on a single communication tower.

(Ord. No. 97-02, § 5, 1-21-1997)

Commercial amusements: Commercial establishments within structures or outside facilities providing amusements or entertainment for a fee or charge. Typical examples of these activities include, but are not limited to: bowling alleys, billiard and pool establishments, climbing walls, game rooms, go-kart tracks, skating rinks, trampolines, video arcades, miniature golf courses, baseball batting cages, golf driving ranges, and similar activities. The facilities may also include banquet rooms and restaurant accessory uses. The term "commercial amusement" specifically excludes temporary commercial amusements and simulated gambling establishments.

(Ord. No. 92-24, § 1, 8-19-1992; Ord. No. 2015-02, § 3, 1-6-2015; Ord. No. 2019-20, § 2, 9-17-2019; Ord. No. 2023-14, § 3, 9-26-2023)

Commercial docking facilities: Fixed or floating structures, including moorings, used for the commercial purpose of renting dock space or moorings, watercraft rental, or berthing watercraft for charter fishing boats or sightseeing boats. A commercial dock does not include a marina, boat livery, or boat yard.

(Ord. No. 2023-14, § 3, 9-26-2023)

Commercial establishments: A place where a business, with activity or use at a scale greater than home industry, open to the general public, buys and sells goods, commodities, or services, and are provided, displayed, exchanged, sold or bought, in order to make a profit.

(Ord. No. 2025-08, § 4, 8-12-2025)

Commercial food service: An establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption, including delivery or sale of food and meals by mobile food dispensing vehicles, sale of food or meals at mobile food establishments, or delivery to private residences, offices, or other non-residential sites for public or private entertainment. Such activity may include food or meal preparation training by non-profits. This use includes, but is not limited to: catering services, commercial kitchens, ghost kitchens, or shared-use kitchens.

(Ord. No. 2022-06, § 2, 3-1-2022)

Communication antenna: Any device used to transmit or receive data, video, radar, wireless or cellular telecommunications, telemetry, or other type of wave, impulse or other electromagnetic signal, including ground mounted electronic or mechanical support equipment. The term excludes amateur radio operator's equipment as licensed by the Federal Communications Commission (FCC).

(Ord. No. 97-02, § 5, 1-21-1997)

Communication tower: A structure designed, engineered, constructed and used for the purpose of supporting communication antennas used at public or private utilities. This definition includes self-supporting lattice, guyed and monopole towers. The term excludes amateur radio operator's equipment as licensed by the Federal Communications Commission (FCC).

(Ord. No. 97-02, § 5, 1-21-1997)

Community-based correctional facility: Any home, dwelling unit, building, institution, half-way house, or any other facility, whether operated for profit or not, which is used to rehabilitate or reintroduce into the community one or more persons who have been convicted of committing a state or federal crime or who have been required or permitted by statutory law or by a court of law to undergo rehabilitation or similar treatment prior to, in lieu of, or in addition to a criminal conviction. Any facility which meets this definition or which is substantially similar to a facility meeting this definition shall not be construed to be an adult congregate living facility, nursing home, community residential home, as defined herein, or any other type of use which is permitted under this Code. No facility meeting this definition shall be allowed in any residential zoning district.

(Ord. No. 93-27, § 2, 10-19-1993)

Community centers: Facilities or buildings used as a place for meetings, recreational, or social activities and operated for a government purpose.

(Ord. No. 2023-14, § 3, 9-26-2023)

Community garden: An area of land managed and maintained by an individual, group, community, neighborhood, subdivision, or organization to grow and harvest food crops and non-food, ornamental crops, such as flowers, for personal or group use, consumption, enjoyment, or donation.

(Ord. No. 2013-25, § 2, 12-3-2013)

Community residential home: A dwelling unit, licensed under F.S. § 419.001 as a community residential home, which provides a living environment for seven to 14 unrelated residents. For purposes of this Code, the term excludes dwelling units that are licensed under F.S. § 419.001 as community residential homes or dwelling units not subject to F.S. § 419.001 for classes of individuals protected pursuant to federal or state statutes, but which provide a living environment for less than seven unrelated persons. Such dwelling units shall be deemed to be single-family residential structures under this Code.

(Ord. No. 93-27, § 2, 10-19-1993; Ord. No. 2013-14, § 2, 9-3-2013)

Conditional use: An allowable use that may be permitted only if certain conditions and criteria are satisfied as determined by the planning and zoning board.

(Ord. No. 2015-02, § 3, 1-6-2015)

Congregate multi-family residential facilities. Residential complexes containing multi-family dwellings, attached or detached, designed for and principally occupied by adults or senior citizens. Such facilities may include a congregate meals program in a common dining area, common social rooms, limited nursing services, and limited personal assistance, but excludes institutional care, such as medical or nursing care, and are distinguished from continuing care retirement facilities.

(Ord. No. 2023-14, § 3, 9-26-2023)

Continuing care retirement facilities. Facilities that provides a wide range of senior citizen housing types, including institutional care, such as nursing or convalescent care; assisted living; or individual dwelling units for the elderly. Eighty (80) percent of the facility occupants are 65 years of age or over, or individual dwelling units are occupied by at least one person who is 55 years of age or over and is retired. Facilities may include a congregate meals program in a common dining area and common recreation or social facilities. The facilities may also include medical facilities or care. Dwelling units consists of multi-family attached dwellings or detached dwelling units as part of a wholly owned and managed senior project.

(Ord. No. 2023-14, § 3, 9-26-2023)

Convenience stores: Retail sales and services establishment with a floor area of less than 2,500 square feet that offers a limited line of groceries, such as prepackaged food items; on-site service of food or drink for immediate consumption; and household items intended for the convenience of the neighborhood. A convenience store may also sell gasoline and packaged alcoholic beverages, but shall not provide other motor vehicle services.

(Ord. No. 2023-14, § 3, 9-26-2023)

Craft distillery: An establishment licensed by the state to manufacture or produce two hundred fifty thousand (250,000) or fewer gallons per calendar year of distilled spirits. Accessory uses include retail sale of distilled spirits produced on-site for take-away or on-premises consumption, as allowed by state licensing laws.

(Ord. No. 2021-12, § 2, 9-7-2021)

Crematorium; A facility licensed under State of Florida rules and regulations for the purpose of incinerating dead human bodies to ash residue by direct flame.

(Ord. No. 97-03, § 2, 1-21-1997)

Designated commercial districts: A designated commercial district is an area of the City designated and identified by Comprehensive Plan in Figure 10 of the Map Series as a commercial district.

(Ord. No. 2023-14, § 3, 9-26-2023)

Docks: A fixed or floating structure supported by piling or floats in such a manner as to allow free flow of water beneath, including boat lifts, moorings or dolphin pole, pile, or other permanent structure, used for the purpose of berthing buoyant vessels, fishing, swimming, and other recreational uses, and is generally accessory to nonresidential use, such as commercial or recreational uses, and is used by the public at large. A dock may include a pier or commercial docking facilities, but not private docks.

(Ord. No. 2025-08, § 4, 8-12-2025)

Docks, private: A fixed or floating structure, including boat lifts, moorings or dolphin pole, pile, or other permanent structure, used for the purpose of berthing buoyant vessels and which does not produce income, does not serve as commercial docking facilities, and is generally used by residents of a residential development as opposed to the public at large.

(Ord. No. 2025-08, § 4, 8-12-2025)

Dwelling, accessory: A separate dwelling with separate living facilities and entrances located on the same lot as a single-family detached dwelling in a detached structure.

(Ord. No. 2021-04, § 2, 4-20-2021)

Dwelling, artist guest home: A dwelling or an accessory structure to a single-family dwelling that provides living and sleeping quarters for an artist that is either (1) rented or otherwise provided for compensation to transients, or (2) provides individual rooms to artists in a dwelling designed to be used, or used as, both a dwelling place and a place of work by an artist(s). This definition does not include boardinghouses, bed and breakfast inn, guest house, or hotel or motel.

(Ord. No. 2021-04, § 2, 4-20-2021)

Dwelling, duplex: The residential use of a building containing only two (2) dwelling units attached with common wall, each of which has direct access to the outside.

(Ord. No. 92-10, § 2, 4-7-1992; Ord. No. 2003-39, § 1, 11-18-2003; Ord. No. 2015-02, § 3, 1-6-2015; Ord. No. 2021-04, § 2, 4-20-2021; Ord. No. 2023-14, § 3, 9-26-2023)

Dwelling, group court: Two (2) or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common, but not including motels.

(Ord. No. 2021-04, § 2, 4-20-2021)

Dwellings, hotel condos: A building or group of buildings used, maintained, or advertised as a place where five (5) or more dwelling units are offered on a short-term or transient basis for sleeping or living accommodations and which each unit contains kitchen facilities for food preparation. The units may be individually owned and are regularly available on a transient basis and the dwelling unit shall not be used by persons as their primary residence. A hotel condo dwelling use may be combined with a hotel use.

(Ord. No. 2025-08, § 4, 8-12-2025)

Dwelling, live/work units. Structures with one or more dwelling units combining space used for both a residential purpose and any nonresidential use permitted in the zoning district in which the unit is located. Each dwelling is designed as a complete single living unit, with one or more rooms which includes: (1) living, sleeping, eating, cooking, and sanitation facilities; and (2) adequate working space accessible from the living area, reserved for, and primarily used by, one or more persons residing therein.

(Ord. No. 2023-14, § 3, 9-26-2023)

Dwelling, multi-family or multiple-family residential structure: A building or group of buildings on one (1) lot containing three (3) or more dwelling units to be occupied by one (1) family per dwelling unit with separate cooking and toilet facilities for each dwelling unit and may or may not share common entrances or other spaces; includes apartments, lofts or condominiums.

(Ord. No. 92-10, § 2, 4-7-1992; Ord. No. 2013-14, § 2, 9-3-2013; Ord. No. 2015-02, § 3, 1-6-2015; Ord. No. 2021-04, § 2, 4-20-2021)

Dwelling, single-family attached: A building consisting of not more than four (4) dwelling units which are attached by common vertical walls and each unit having separate entrances, also known as townhomes or row houses.

(Ord. No. 2021-04, § 2, 4-20-2021)

Dwelling, single-family detached or single-family residential structure: A residential structure designed to house only one (1) dwelling unit, with private outside entrance, but without common walls between the dwelling units.

(Ord. No. 92-10, § 2, 4-7-1992; Ord. No. 2003-39, § 1, 11-18-2003; Ord. No. 2015-02, § 3, 1-6-2015; Ord. No. 2021-04, § 2, 4-20-2021)

Dwelling unit: One (1) or more rooms in a residential building or residential portion of a building that is arranged, designed, used or intended for use as a complete, independent living facility with provisions for living, sleeping, eating, cooking and sanitation. Each area with separate facilities for the preparation, storage and keeping of food for consumption within the building that is not available and accessible to all individuals in the building shall be deemed an additional dwelling unit.

(Ord. No. 92-10, § 2, 4-7-1992; Ord. No. 2003-39, § 1, 11-18-2003; Ord. No. 2013-14, § 2, 9-3-2013)

Dwelling, upper story: A dwelling unit located on the second floor or higher of a building with non-residential uses located on the ground or street level.

Dwelling, zero lot line units. Single family dwelling units arranged on individual lots as either detached structures or portions of the structures attached on a side property line. The arrangement of the residential structure on a parcel in such a manner that the required side yard is reduced on one side and increased on the other side and the side wall of the dwelling building or portions of structures may be located directly on a lot line.

(Ord. No. 2023-14, § 3, 9-26-2023)

Eave: The portion of roof that is the lowest projecting edge of a roof overhanging the wall of a building.

(Ord. No. 2023-14, § 3, 9-26-2023)

Educational institution: A public, private, charter, or parochial school for systematic instruction with a curriculum at the pre-school, elementary, and/or secondary school levels required to be taught in the State of Florida.

(Ord. No. 2024-11, § 2, 6-11-2024)

Efficiency apartment: A dwelling unit consisting principally of one (1) room and alcoves, equipped with kitchenette and bath, and having an aggregate floor area of not less than three hundred thirty-six (336) square feet.

Emergency services: Buildings used for the conduct of safety and emergency services serving a government purpose, such as, but not limited to, fire stations, police stations, and emergency medical and ambulance service.

(Ord. No. 2023-14, § 3, 9-26-2023)

Exhibition or conference centers: Commercial facilities designed for assemblies, conferences, seminars, or meetings of the members or representatives of groups, such as service organizations or business and professional organizations, including exhibition space and accommodations for conference attendees. This term does not include banquet and meetings halls, private clubs, or other meeting facilities of private or nonprofit organizations that are primarily used by organization members.

(Ord. No. 2023-14, § 3, 9-26-2023)

Facilities: A structure or place, indoor or outdoor, which is built, installed, or established to serve a particular purpose.

(Ord. No. 2023-14, § 3, 9-26-2023)

Family: One (1) or more individuals living together in one (1) dwelling unit with common access to, and common use of all dwelling unit facilities.

(Ord. No. 92-10, § 2, 4-7-1992; Ord. No. 2013-14, § 2, 9-3-2013)

Family day care home: The use of an occupied residence licensed or registered with the Florida Department of Children and Families in which child care is regularly provided for compensation (e.g., payment, fee, or grant)—whether or not operated for profit—for children that come from at least two (2) unrelated families, as defined in F.S. § 402.302. A family day care home does not include use of a private residence for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children (with or without compensation). Family daycare home is a permitted use in any residential zoning district as provided in said statute.

(Ord. No. 2015-02, § 3, 1-6-2015; Ord. No. 2021-04, § 2, 4-20-2021)

Financial institutions: An establishment that provides financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include, full service banking, drive-in banking, remote banking, credit unions, loan companies, savings and loan associations.

(Ord. No. 96-04, § 1, 2-20-1996; Ord. No. 2023-14, § 3, 9-26-2023)

Funeral homes: Undertaking and funeral services involving the care and preparation of human deceased prior to burial, excluding cremators, crematory operations and columbaries.

Government purpose: Any administrative offices, service facilities, parking, utility facilities, recreational, or accessory structures developed by or for a public agency, such as the United States or any department, commission, agency, or other instrumentality thereof; State of Florida or any department, commission, agency, or other instrumentality thereof; any local government (Indian River County or City of Vero Beach), or any department or commission, agency, or other instrumentality thereof; any school board or other special district, authority, or governmental entity, meant to enhance the ability of the public agency to provide efficient public service to the community. Upon written agreement with the public agency, the governmental purpose may be provided by a non-profit organization.

(Ord. No. 2003-24, § 2, 6-17-2003; Ord. No. 2023-14, § 3, 9-26-2023; Ord. No. 2025-08, § 4, 8-12-2025)

Government use: Administrative offices, service facilities, parking lots or garages, utility facilities, or accessory structures relating to the provision of federal, state and local government services.

(Ord. No. 2004-03, § 1, 2-3-2004)

Grade: The average level of the finished surface of the ground adjacent to the exterior wall of the building.

Green stormwater infrastructure: An area or natural feature, or an engineered system or feature designed to protect, mimic, or enhance a natural function that absorbs and filters pollutants, protects communities from flooding or storm surge, reduces erosion, or sequesters carbon. Green stormwater infrastructure includes enhanced or restored natural landscape features, such as, riparian buffers, rain gardens, permeable pavement, parks, bioswales, green roofs, infiltration planters, tree plantings or tree boxes, and rainwater harvesting.

(Ord. No. 2025-08, § 4, 8-12-2025)

Group home: A dwelling unit, licensed under F.S. § 419.001 as a community residential home, which provides a family living environment for less than seven (7) unrelated persons, including the supervision and care necessary to meet physical, emotional, and social life needs of clients. For purposes of this Code, the term is for dwelling units that are licensed under F.S. § 419.001 as community residential homes or dwelling units and for classes of individuals protected pursuant to federal or state statutes. Such dwelling units shall be deemed to be single-family residential structures under this Code.

(Ord. No. 2021-04, § 2, 4-20-2021)

Guest: Any patron, customer, tenant, lodger, boarder, or occupant of a guest house, transient quarters, hotel, motel, or similar establishment or accommodation.

(Ord. No. 2015-02, § 3, 1-6-2015)

Guest cottage: An attached or detached accessory structure that provides living and sleeping quarters for guests of the occupants of the principal structure and (a) contains no kitchen or cooking facility; (b) is clearly subordinate and incidental to the principal residence on the same parcel; and (c) is not rented or leased, whether compensation be direct or indirect.

(Ord. No. 2021-04, § 2, 4-20-2021)

Guest house and transient quarters: Any structure, including converted dwellings in which less than ten (10) bedrooms, with or without meals, is rented or otherwise provided for compensation to transients for their temporary care and lodging.

(Ord. No. 2015-02, § 3, 1-6-2015)

Guest lodge: A structure for the temporary housing for members of a private club and/or their guests.

(Ord. No. 2004-02, § 1, 1-20-2004)

Home occupation: A small, unobtrusive, legally permitted business conducted wholly from within a residential dwelling that is clearly subordinate and secondary to the principal residential use of the property.

(Ord. No. 2003-35, § 1, 11-4-2003)

Hospice residential care facilities. Licensed hospice facilities or designated inpatient units which provide palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in an inpatient residential setting.

(Ord. No. 2023-14, § 3, 9-26-2023)

Hospitals: Institutions, licensed by the State of Florida, providing primary health services, including medical or surgical care, primarily for inpatients suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, or training facilities, central service facilities, and staff offices.

(Ord. No. 2024-11, § 2, 6-11-2024)

Hotel or motel: A building or group of buildings used, maintained, or advertised as a place where ten (10) or more bedrooms or suites are offered on a short-term or transient basis for sleeping or living accommodations.

(Ord. No. 2015-02, § 3, 1-6-2015)

Kitchen: Any room principally used, intended, or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range oven, shall normally be considered as establishing a kitchen.

(Ord. No. 2021-04, § 2, 4-20-2021)

Kitchen facilities: A room, or portion thereof, that is arranged, designed, used or intended for use for the preparation, cooking, storage and keeping of food for consumption within the premises.

(Ord. No. 2003-39, § 1, 11-18-2003)

Library: A public, nonprofit facility in which literary, musical, artistic, or reference materials such as, but not limited to, books, manuscripts, computers, recordings, or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale.

(Ord. No. 2021-04, § 2, 4-20-2021)

Lot: Includes "tract" or "parcel" and means the least fractional part of subdivided lands having limited fixed boundaries and an assigned number, letter, or other name through which it may be identified.

Lot (width): The distance between the side lot lines, measured along the front building setback line when a front yard is required in these regulations; otherwise, the lot width shall be the mean horizontal distance of the lot measured at right angles to the depth.

Manufactured home: A structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer," but does include "mobile home."

(Ord. No. 2015-02, § 3, 1-6-2015)

Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

(Ord. No. 2015-02, § 3, 1-6-2015)

Marina: A facility located adjacent to a public navigable waterway that provides docks, slips and moorings used for docking, securing, servicing or repairing of watercraft, the provision of indoor and outdoor dry storage of watercraft and trailers, or the docking of commercial sightseeing vessels, but excluding industrial and commercial fishing craft.

(Ord. No. 2015-02, § 3, 1-6-2015)

Microbrewery: A facility for the brewing and packaging of beer or other malt liquors for distribution, retail or wholesale, on or off premises, that produces less than fifteen thousand (15,000) barrels per year. The facility also includes a tasting room and retail space to sell malt beverages on the premises along with retail items. The facility may include other uses such as a restaurant, bar, or commercial amusement as otherwise permitted in the zoning district.

(Ord. No. 2016-09, § 2, 6-7-2016; Ord. No. 2018-05, § 2, 5-15-2018; Ord. No. 2021-07, § 2, 6-15-2021)

Motor vehicles: For purposes of Part III, Land Development Regulations, a motor vehicle means a motorized vehicle including, but not limited to, autocycle, automobiles, electric vehicles, motorcycles, trailers less than 15 feet in length, and light trucks, but the term does not include heavy motor vehicles, light recreation vehicles, lawn equipment, personal delivery devices, watercraft, watercraft trailers, airplanes or aircraft, and vehicles that run only upon a track.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle, general repair and service establishment: A facility used for the repair and maintenance of motor vehicles including, but not limited to, automobile bodywork, collision repair, upholstery work, automobile painting, general automobile maintenance, wheel and brake repair, engine repair or overhauls, tire service and sales, or installation of car alarms or radio equipment.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicles, heavy: Motor vehicles which have gross vehicle weights greater than 10,000 pounds including, but not limited to, commercial motor vehicles, construction vehicles, buses, farm tractors, recreational vehicles, heavy trucks, truck tractor, semi-trailers, special mobile equipment as defined in F.S. § 316.003, wreckers, heavy equipment, and similar size vehicles.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle, heavy repair and servicing: A facility used for the repair and maintenance of heavy motor vehicles including, but not limited to, collision repair, wheel and brake repair, engine repair or overhauls, and tire service.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle, heavy sales and service: A business establishment with retail, wholesale, or rental of new or used heavy motor vehicles. The establishment may maintain an inventory of heavy motor vehicles for sale or rent on-site and may provide on-site facilities for the repair and service of the heavy motor vehicles sold or rented by the business.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle rental establishment: A facility used for the rental of motor vehicles, including trucks and vans up to 26,000 pound gross vehicle weights, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and moving truck rental.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle sales and service: A business establishment, such as an automobile dealership, with retail or wholesale sale or rental of new or used motor vehicles or light recreational vehicles. The establishment may maintain an inventory of the motor vehicles for sale or rent on-site and may provide on-site facilities for the repair and service of the motor vehicles sold or rented by the business.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle servicing, car wash: An establishment with facilities primarily for the exterior washing of motor vehicles using a chain conveyor or other method of moving automobiles along, including manually driven, through a system of rollers, brushes, and automatic application of cleaner, rinse water, heat for drying, and wax. Interior cleaning and/or drying may be conducted manually by vehicle operator or on-site attendants. This use includes, but is not limited to, automobile detailing, but does not include self-service car wash.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle servicing, gasoline station: Establishments for the dispensing of motor vehicle fuels or oils at retail, whether self-service or not, and having pumps, underground storage tanks and other facilities for such activity. A gasoline station may include the retail sale of minor automobile parts and accessories such as batteries, spark plugs, fan belts, shock absorbers, mirrors, floor mats, cleaning and polishing materials and similar items to motor vehicles incidental to selling and dispensing of motor vehicle fuels and oils. Incidental light vehicle maintenance activities such as engine tune-ups, oil change and lubrication, muffler installation and minor vehicle repairs may also be provided. The use does not include premises where general motor vehicle repair activities, such as engine overhauls, automobile painting, tire service and sales, and bodywork, are conducted. Also known as a gas station or gasoline service station.

(Ord. No. 2022-13, § 2, 5-5-2022)

Motor vehicle servicing, self-service car wash: An establishment where facilities primarily for the exterior washing, drying, polishing, or vacuuming of motor vehicles are done by the driver or the occupant and where no self-propelled chain conveyor or other method of moving automobiles along are provided.

(Ord. No. 2022-13, § 2, 5-5-2022)

Movie theaters: A specialized theater or complex with multiple movie theaters for showing movies or motion pictures in which each theater is capable of showing movies independent of the others in the complex. The facilities may be designed that the theaters in a cineplex are grouped in a manner that allows them to share box or ticket offices, parking facilities, lobby areas, restrooms, concession stands, signs and marquee displays, and other services and maintenance facilities.

(Ord. No. 2023-14, § 3, 9-26-2023)

Museum: A building having public significance by reason of its architecture or former use or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use or specialty eating establishment.

(Ord. No. 2021-04, § 2, 4-20-2021)

Museum, aviation: A museum serving as a repository for a collection of aviation-related objects of interest.

(Ord. No. 2022-24, § 2, 9-6-2022)

Museum, commercial: A commercial establishment for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest. Such activity may include the sale of the objects collected, memorabilia, and related retail, and the holding of meetings and social events.

(Ord. No. 2020-19, § 3, 10-6-2020)

Natural vegetation line: That point on the beach above the mean high water where rooted terrestrial vegetation exists.

Nonconforming use: A use of land or buildings which lawfully existed prior to the enactment of zoning ordinance which is maintained after the effective date of the ordinance although it does not comply with the use restrictions applicable to the area in which it is situated and which has continued to exist without legal abandonment since the effective date of the ordinance. This term includes not only conduct which is prescribed by applicable zoning restrictions, but also a building or structure which violates the zoning regulations.

Nursing facilities: A facility or institution licensed under F.S. Ch. 408 which is primarily engaged in providing, to inpatients, skilled nursing care and related services, including meals and shelter, for patients who require medical or nursing care, or rehabilitation services for the rehabilitation of injured, disabled, chronically or incurably ill, or sick persons, but not including assisted living facilities, community residential homes, congregate multi-family housing, hospitals, medical service offices, medical treatment centers or transient shelters.

(Ord. No. 2021-04, § 2, 4-20-2021; Ord. No. 2023-14, § 3, 9-26-2023)

Offices: A room, suite of rooms, or building(s) in which a person transacts the affairs of a business, profession, service, industry, or government.

(Ord. No. 2023-14, § 3, 9-26-2023)

Offices, business services: Commercial office establishments providing direct services to consumers, but generally do not provide retail or wholesale sales to a consumer or storage of goods, except that is incidental or accessory to the principle establishment. Typical examples of these activities include, but are not limited to: commercial art studios, insurance agencies, instructional or tutoring services, title insurance companies, real estate brokerage offices, stock brokerage services, photographic studio services, travel agencies, and interior decorators or designers without showrooms, retail sales or inventory for sale. The use does not include medical service offices, professional service offices, veterinary service offices, government offices, personal service establishments, or offices that are incidental and accessory to another nonresidential activity that is the principal use.

(Ord. No. 96-04, § 1, 2-20-1996; Ord. No. 2023-14, § 3, 9-26-2023)

Offices, government: Any administrative offices, including clerks, judicial courts and legislative chambers, held, used, or controlled exclusively for government purpose without reference to the ownership of the building and used for providing public services.

(Ord. No. 2023-14, § 3, 9-26-2023)

Offices, medical services: Offices providing therapeutic, preventive or corrective personal treatment services by physicians, dentists, and other licensed medical practitioners, as well as the provision of medical testing and analysis services. These services are provided to patients who are admitted for examination and treatment by a physician and with no overnight lodging or institutional care. The use does not include business service offices, professional service offices, veterinary service offices, government offices, personal service establishments, or offices that are incidental and accessory to another nonresidential activity that is the principal use.

(Ord. No. 2023-14, § 3, 9-26-2023)

Offices, professional services: Establishments, characterized by low traffic and pedestrian volumes, providing persons with a vocation, calling, occupation, or employment requiring advanced study or training in a specialized field; requiring licensing by the State or professional organization; and maintenance of professional standards applicable to the field. Typical examples of these activities include, but are not limited to: accounting, auditing and bookkeeping services; advertising agencies (but not sign shops); architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; and management, public relations, and consulting services. The use does not include medical service offices, business service offices, veterinary service offices, government offices, personal service establishments, or offices that are incidental and accessory to another nonresidential activity that is the principal use.

(Ord. No. 2023-14, § 3, 9-26-2023)

Offices, veterinary medical services: Establishments for the care, observation, and medical or surgical treatment of domestic animals, including household pets, provided by a Florida-licensed veterinarian. Use as a kennel shall be limited to short-time boarding or overnight care and shall be only incidental to such medical treatment. The use does not include kennels.

(Ord. No. 2023-14, § 3, 9-26-2023)

Open space: Pervious landscaped area unencumbered by structures, buildings, paved or grass parking lots, driveways, walkways or sidewalks, patios, pools, decks, artificial lawns, or any impervious surface.

(Ord. No. 03-20, § 1, 6-3-2003; Ord. No. 2023-14, § 3, 9-26-2023; Ord. No. 2025-08, § 4, 8-12-2025)

Outdoor seating (as accessory to a restaurant): Outdoor seating as accessory to a restaurant is the provision of on-site outdoor seating areas by a restaurant where food or beverages are served for consumption. The accessory use also may include outdoor seating areas on public sidewalks in front of the establishment.

(Ord. No. 2021-04, § 2, 4-20-2021)

Parking lot: An area or plot of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a business, industrial or residential use.

Parking lots and garages: A parcel of land or portion thereof or structure used for the primary purpose of parking motor vehicles, which is not accessory or does not provide required parking spaces to any other use on the same or any other parcel, and which contains parking space rented to the general public or reserved for individuals by the hour, day, week, or month. May be a commercial enterprise for which any fee is charged independently of any other use of the premises or a parking lot or garage operated for a government purpose.

(Ord. No. 2023-14, § 3, 9-26-2023)

Parks, active recreation: Public recreational areas operated for a governmental purpose where the primary goal is the provision of facilities for active recreational uses for a broad range of community members, such as, but not limited to, court games (such as tennis and basketball courts), athletic fields, space for passive activities (such as picnic areas and walking trails), bicycle or bridle trails, playgrounds, and similar activities.

(Ord. No. 2006-08, § 1, 6-6-2006; Ord. No. 2023-14, § 3, 9-26-2023)

Parks, passive recreation: Public recreational areas operated for a governmental purpose where the primary goal is the preservation of land in its natural state for public enjoyment. Accessory uses and structures, such as parking lots, restrooms, picnic areas, walking and hiking trails, and public viewing areas may be provided to facilitate passive recreational use of the preserved land, but this use specifically excludes active recreational uses and facilities or other uses which are incompatible with the preservation of native lands.

(Ord. No. 2006-08, § 1, 6-6-2006; Ord. No. 2023-14, § 3, 9-26-2023)

Parks, plaza or promenade: An open space that may be improved, landscaped, or paved, usually surrounded by buildings or streets.

(Ord. No. 2021-04, § 2, 4-20-2021; Ord. No. 2025-08, § 4, 8-12-2025)

Performance theater: An outdoor or indoor area, structure, or defined area utilized primarily for dramatic, dance, musical, operatic, or other live performances or rehearsals, for admission to which entrance money is received and no audience participation. Such establishments may include related services such as food and beverage sales and other concessions.

(Ord. No. 2021-04, § 2, 4-20-2021)

Personal service establishment: Establishments providing the provision of frequent or recurrent needed services of a personal needs that are non-medically related services. Typical examples of these activities include, but are not limited to: animal or pet grooming, beauty and barbershops, nail care salons, spas and massage facilities, dry cleaning, laundromats (self-service laundries), garment and tailoring shops, psychic readers, shoe repair shops, tattoo parlors, tanning salons, and other similar establishments. These uses may also include accessory retail sales of products related to the services provided.

(Ord. No. 2021-04, § 2, 4-20-2021; Ord. No. 2023-14, § 3, 9-26-2023)

Plant nurseries and landscape services: Cultivation and sale of flowers, shrubs, trees and plants at wholesale, retail or both, as well as provision of related consultative services.

Premises: Any land together with any structures occupying it.

Primary dune: The highest, most developed dune west of the vegetation line.

Public agricultural and environmental education uses. Public educational activities and uses principally conducted in the outdoors as part of a public agricultural and environmental studies program that involves the keeping and maintenance of plants and/or animals.

(Ord. No. 2007-19, § 2, 9-18-2007)

Recreation facilities, athletic fields or courts: Public recreational facilities operated for a government purpose that is typically characterized by the participation in sports or athletic programs. Examples include but are not limited to: outdoor swimming pools, lighted tennis courts, and lighted baseball/softball and football/soccer complexes.

(Ord. No. 2023-14, § 3, 9-26-2023)

Recreation facilities, water dependent: Public recreational facilities operated for a government purpose that provide public access to the Indian River Lagoon or Atlantic Ocean as a primary characteristic of the use or a use that provides for recreational use or aesthetic enjoyment of the Indian River Lagoon or Atlantic Ocean as a general characteristic of the use, which through the location, design, and operation, ensures the public's ability to enjoy the physical aesthetic qualities of the Indian River Lagoon or Atlantic Ocean. Examples include, but are not limited to: public beaches, boardwalks, piers, boat ramps, docks, and other improvements facilitating public access to the Indian River Lagoon or Atlantic Ocean. The use does not include commercial uses, such as restaurants or marinas, as a primary or accessory use.

(Ord. No. 2023-14, § 3, 9-26-2023)

Recreation vehicles, light: For purposes of Part III, Land Development Regulations, a light recreation vehicle means a self-propelled vehicle propelled by power other than muscular power designed to provide recreational enjoyment and passenger transportation including, but not limited to, golf carts, mopeds, and swamp buggies, but the term does not include bicycles, micro-mobility devices, motorized scooters, or electric bicycles.

(Ord. No. 2022-13, § 2, 5-5-2022)

Restaurant, carry-out: An establishment or service that primarily operates or provides food, beverage, or desserts prepared on the premises and served in disposable containers or wrappers from a serving counter for consumption off the premises, with limited seating or other area provided on the premises for consumption. An establishment that has more than seventy-five (75) square feet of customer service area on the premises for seating shall be deemed to be a restaurant.

(Ord. No. 2021-07, § 2, 6-15-2021)

Restaurant, specialty: An establishment whose primary business is the sale of a specialty type of food or beverage that normally do not constitute a complete meal, including, but not limited to, ice cream parlors, dessert cafés, snack shops, sandwich cafés, tea rooms, juice and coffee houses, and retail bakeries or small restaurants. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage on-site.

(Ord. No. 2021-04, § 2, 4-20-2021)

Restaurants: Establishments where the principal business is the preparation, serving, and sale of food, desserts or beverages for consumption on the premises to the customer by seated table service within an enclosed building or elsewhere on the premises in a ready-to-consume state. The design or principal method of operation includes one of the following:

(1)

Customers, normally provided with an individual menu, are served generally in nondisposable containers by a restaurant employee at the same table or counter at which said items are consumed; or

(2)

A cafeteria or cafeteria-type operation where foods, desserts or beverages generally are served in nondisposable containers and consumed within the restaurant building.

The restaurant use excludes bars or drinking places, carry-out, drive-in, fast-food or specialty eating services as a primary use. The use may include limited carry-out services and bars as accessory uses.

(Ord. No. 2023-14, § 3, 9-26-2023)

Restaurants, bars or drinking places. Establishments or part of a facility, such as a hotel, used primarily for the sale, dispensing, serving, and consumption of alcoholic beverages on the premises and in which the service of food is only incidental to the consumption of such beverages. Also includes taverns, night clubs, and similar facilities serving alcoholic beverages.

(Ord. No. 2023-14, § 3, 9-26-2023)

Restaurants, drive-ins: Establishment where the principal business is the sale of foods, desserts, or beverages generally contained in a ready-to-consume state and whose design, method of operation or any portion of whose business includes one or both of the following:

(1)

Foods, desserts or beverages are served directly to the customer in a motor vehicle;

(2)

The consumption of foods, desserts or beverages within a motor vehicle parked upon the premises, outside the restaurant building, is allowed, encouraged and designed for.

(Ord. No. 2023-14, § 3, 9-26-2023)

Restaurants, fast food: Establishments engaged primarily in the business of preparing food and purveying it on a self-serve or semi self-serve basis, where most customers order and are served their food at a counter or at a window designed to accommodate motor vehicles in packages prepared to leave the premises or able to be taken to a table or counter to be consumed.

(Ord. No. 2023-14, § 3, 9-26-2023)

Retail sales and services: Commercial establishments devoted primarily to the sale, rental, or servicing of goods or commodities directly to the consumer by delivery or on the premises to a consumer for immediate purchase or rental.

(Ord. No. 2023-14, § 3, 9-26-2023)

Retail sales and services, general: Retail sales and services establishments that carry an assortment of merchandise from several retail categories and conducted from shopping centers or stores greater than 4,000 square feet and less than 75,000 square feet. Typical examples of these activities include, but are not limited to: antique stores; appliance stores; carpet and tile stores; large-scale clothing stores, convenience stores; small department stores, discount stores; drug stores and pharmacies; electronic stores; furniture stores (without major warehousing); hardware stores (without lumberyards or major storage areas); motor vehicle parts and accessories; office equipment and supplies; paint supply shops; parcel mail services (but not bulk mailing distribution centers), printing and copy services, pet supply stores; supermarkets or grocery stores; thrift shops; and other similar goods and services. These activities exclude the following: restaurants; sale or rental of motor vehicles; lumberyards and sale of construction materials; motor vehicular service and maintenance activities, including gas stations.

(Ord. No. 98-17, § 1, 11-17-1998; Ord. No. 2023-14, § 3, 9-26-2023)

Retail sales and services, large-scale: Retail sales and services establishments with a floor area greater than 75,000 square feet selling food, drugs, household merchandise, clothing, and a variety of other retail or wholesale goods and has a regional sales market. Typical examples of these activities include, but are not limited to: large department stores; regional discount stores; home improvement centers, including lawn and garden supplies (without lumberyards or major storage areas); membership warehouse clubs and other similar goods and services. Also known as big-box retail establishments.

(Ord. No. 2023-14, § 3, 9-26-2023)

Retail sales and services, restricted: Retail sales and services establishments with a floor area of no greater than 4,000 square feet that specialize in one type or line of merchandise and are intended to primarily serve markets for specialty goods and services or tourist-oriented and neighborhood markets in the immediate vicinity. Typical examples of these activities include, but are not limited to: apparel shops, bookstores, boutiques, clothing repair or tailoring services, flower shops, gift shops, interior decorators or designers with showrooms and retail sales, jewelry shops, laundry drop-off, shoe stores, stationary stores, and similar establishments. Such uses shall expressly exclude the following: stores with warehousing; stores with drive-in, drive-up or drive-through facilities; laundry or dry cleaning stores with on-site cleaning; health and fitness clubs; stores that sell motor vehicle parts; and convenience stores.

(Ord. No. 2010-10, § 1, 1-19-2010; Ord. No. 2023-14, § 3, 9-26-2023)

Right-of-way: An easement dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, or for ingress and egress by the public, certain designated individuals, or governing bodies. The right-of-way line shall be considered the property line.

Room or room unit. For purposes of calculating density based on room units for such uses including, but not limited to, hotels or congregate living facilities, a "room unit" is one (1) or more rooms in a residential building or transient visitor accommodation building or portion thereof that is arranged, designed, used or intended for use as a single unit for living, sleeping, and sanitation. A "room unit" should not contain complete cooking facilities or kitchen, but may have limited cooking facilities, such as a kitchenette, mini-bar, or wet bar. For purpose of measurement, where a room suite with a single exterior door contains two (2) or more rooms, each two (2) sleeping rooms shall be counted as a single room unit.

(Ord. No. 2020-13, § 2, 9-1-2020)

Rooming house: See definition of boardinghouse.

(Ord. No. 2013-14, § 2, 9-3-2013)

Schools: Public or private schools that offer an institution or place for instruction or education, but not including business, secretarial or vocational schools.

Screened enclosure: A metal framed structure with a screened roof and screened walls.

(Ord. No. 98-01, § 1, 1-20-1998; Ord. No. 2006-20, § 1, 11-7-2006)

Self-service storage facility: Any real property designed and used for the purpose of renting or leasing individual storage spaces to tenants for the purpose of storing and removing property.

Setback: The minimum distance by which any building or structure must be separated from a right-of-way or lot or parcel line, as required by the applicable zoning district dimensional standards. When two or more lots under one ownership are used, the exterior property line shall be used in determining setbacks.

(Ord. No. 2023-14, § 3, 9-26-2023)

Setback, front. A setback extending across the full width of a parcel or lot, the depth of which is the minimum horizontal distance between the right-of-way line and a line parallel thereto on the site, as required by the applicable zoning district dimensional standards.

(Ord. No. 2023-14, § 3, 9-26-2023)

Setback, rear: A setback extending across the full width of a parcel or lot, the depth of which is the minimum horizontal distance between the rear lot or parcel line and a line parallel thereto on the site, as required by the applicable zoning district dimensional standards. On lots or parcels with one front lot line, the lot or parcel line opposite the front lot line shall be the rear lot line. On lots which abut more than one right-of-way (corner lots), the remaining lot lines shall be considered side yards.

(Ord. No. 2023-14, § 3, 9-26-2023)

Setback, side: A setback extending from the required front setback to the required rear setback or to the lot or parcel lines opposite the right-of-way lines on corner lot, the depth of which is the minimum horizontal distance between the lot or parcel line and a line parallel thereto on the site, as required by the applicable zoning district dimensional standards.

(Ord. No. 2023-14, § 3, 9-26-2023)

Shared living residence (SLR): A single-family residential structure or duplex occupied by up to five unrelated adults who are at least 55 years of age. The definition of a shared living residence does not include use a care facility.

(Ord. No. 93-10, § 1, 5-4-1993)

Simulated gambling establishment means a building, edifice, structure or location, along with its grounds, in which simulated gambling devices are used, operated or stored, including, but not limited to, game rooms, arcades, internet cafes, internet centers or sweepstakes redemption centers. This definition does not include any establishment that is a video arcade as defined in this Code.

(Ord. No. 2019-20, § 2, 9-17-2019)

Simulated gambling device means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may enable a user, upon the payment of consideration either directly or indirectly in connection with the sale of a consumer product or service, to play or operate a simulation of gambling or any game that, by either the use of skill or an element of chance with an outcome unpredictable to the user, may reveal, deliver or entitle the user to receive anything of value. This definition does not include any devices expressly permitted by state law, and does not include an individual's personal, recreational, and non-commercial ownership, possession, play, operation or use of a device that could be construed to be a simulated gambling device.

(Ord. No. 2019-20, § 2, 9-17-2019)

Sponsoring agency: An agency or unit of government, a profit or nonprofit agency, or any other person or organization which intends to establish or operate a community residential home.

(Ord. No. 2021-04, § 2, 4-20-2021)

State agency: A State of Florida agency, such as Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or Agency for Health Care Administration of the State of Florida, that license community residential homes for service-dependent persons requiring special protection or custodial care in order to meet their emotional and/or physical needs.

(Ord. No. 2021-04, § 2, 4-20-2021)

Story: That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

Structure: That which is built or constructed.

Structural alterations: Any change in the supporting members of a building, such as bearing walls, bearing partitions, columns, beams or girders, or any complete rebuilding of the roof of any exterior wall.

Temporary commercial amusements: A shortterm activity such as a circus, carnival, festival, fair, or exhibition.

(Ord. No. 92-24, § 1, 8-19-1992)

Three Corners Master Concept Plan: The master concept plan presented in the Executive Summary of the Three Corners, Vero Beach Report adopted by City Council Resolution 2022-03 on February 1, 2022.

(Ord. No. 2025-08, § 4, 8-12-2025)

Three Corners Waterfront District: Two City-owned properties at the intersection of 17th Street and Indian River Boulevard, at the foot of the Alma Lee Loy Bridge, and the site of two Vero Beach utility plants (former City power plant and wastewater treatment plant). The properties are the subject of the Three Corners, Vero Beach Report, Land Use Element Objective 12, Three Corners Waterfront District, of the City's Comprehensive Plan, and development or use of the properties are restricted by the City Charter. The two properties are described as follows:

(a)

Three Corners North Property: is the former City power plant property located north of the Alma Lee Loy (17th Street) Bridge, west of the Indian River, and east of Indian River Boulevard.

(b)

Three Corners South Property: is the wastewater treatment plant property located south of the Alma Lee Loy (17th Street) Bridge, west of the Indian River, and east of Indian River Boulevard.

(Ord. No. 2025-08, § 4, 8-12-2025)

Trade services: Establishments, facilities, or offices for a general contractor, builder, or specialized trades engaged in the construction or remodeling of buildings, either residences or commercial structures, including, plumbing, air conditioning or heating, fencing, roofing, home repair, interior remodeling, painting, and other related construction activities. The facilities may have enclosed indoor space used for operating machinery to fabricate building-related products; services to repair, maintain, or store contractor's vehicles or equipment; and material storage. Such uses shall expressly exclude heavy construction contractors engaged in activities such as paving, highway construction, and utility construction. All such services shall not involve outside storage, except where otherwise provided in this title.

(Ord. No. 2023-14, § 3, 9-26-2023)

Transient: A guest in transient occupancy.

(Ord. No. 2015-02, § 3, 1-6-2015)

Transient occupancy: Any occupancy for which it is the intention of the parties that the guests' occupancy will be temporary. There is a rebuttable presumption that the occupancy is transient when the structure, building, dwelling, accommodation, or portion thereof, is rented to guests for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of less than 30 days or one calendar month, whichever is less.

(Ord. No. 2015-02, § 3, 1-6-2015)

Utilities, major: Facilities or structures that is a major component of a utility infrastructure system and normally entail the construction of new buildings or large-scale facilities such as generating plants and sources, community waste water or potable water treatment plants, water storage tanks and reservoirs, and similar facilities.

(Ord. No. 2023-14, § 3, 9-26-2023)

Utilities, minor: A facility or structure that is a minor component of an infrastructure system and normally found in a public right-of-way to serve adjacent properties or development within the immediate vicinity and that involve only minor structures, including, but not limited to: electrical switching facilities, and stations or substations, utility poles, transformers, communication relay and booster devices, water and sewer pump stations, storm drainage facilities, and hydrants.

(Ord. No. 2021-04, § 2, 4-20-2021; Ord. No. 2023-14, § 3, 9-26-2023)

Vending machine is an unattended self-service device that, upon insertion of a currency or a coin, card, or token, or by similar means, dispenses product including food, beverage, goods, wares, or merchandise, such as laundry soaps, other related laundry items, toiletries, or newspapers.

(Ord. No. 2019-20, § 2, 9-17-2019)

Video arcades are a place of business having two or more amusement games or machines on premises which is operated for the entertainment of the general public as a bona fide amusement facility.

(Ord. No. 2019-20, § 2, 9-17-2019)

Waterbodies: Any watercourse, lake or pond, rivers, lagoon, or wetland into which surface waters flow either naturally or from human-made conveyance.

(Ord. No. 2025-08, § 4, 8-12-2025)

Watercraft: Any apparatus intended to transport one or more passengers over, across or under water for private or personal use, including, but not limited to: canoes, kayaks, bass boats, jon boats, ski boats, motor boats, sailboats, airboats, paddle boats, pontoon boats, rowing boats, sailing yachts, jet skis, and other personal watercraft.

(Ord. No. 2025-08, § 4, 8-12-2025)

Watercraft, commercial: Any apparatus intended to transport one or more passengers over, across or under water for commercial use, including, but not limited to: watercraft rental (such as: canoes, kayaks, jon boats, bass boats, motor boats, sailboats, pontoon boats, or jet skis), charter fishing boats, or sightseeing boats.

(Ord. No. 2025-08, § 4, 8-12-2025)

Watercraft, floating home: A live-aboard watercraft capable without integral mechanical propulsion.

(Ord. No. 2025-08, § 4, 8-12-2025)

Watercraft, live-aboard: A watercraft inhabited by a person or persons that is designed, used or intended for use as a complete, independent living provisions for living, sleeping, eating, cooking and sanitation.

(Ord. No. 2025-08, § 4, 8-12-2025)

Watercraft, small: A non-motorized watercraft of 20 feet or less in length, such as canoes, kayaks, sailboats, rowing boats, or paddle boats.

(Ord. No. 2025-08, § 4, 8-12-2025)

Watercraft trailer: A trailer which is being used for or is designed for use in carrying watercraft.

(Ord. No. 2025-08, § 4, 8-12-2025)

Wholesale trades and services: The display, limited storage and sale of goods to other firms for resale, excluding outside storage, except as otherwise provided in this title.

Yard: An open space on the same lot with a building between the building and the adjoining lot lines, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

Yard (front): A yard the full width and/or length of the lot extending from the nearest point of a building or structure, excluding permitted encroachments, to any front line of the lot. That part of any lot line abutting any established or proposed street right-of-way line other than an alley shall be a front lot line.

Yard (rear): A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than permitted encroachments. On lots with one front lot line, the lot line opposite the front lot line shall be the rear lot line. On lots which abut more than one street, the remaining lot lines shall be considered side yards.

Yard, required: A required yard is the area of the yard within the required front, side or rear yard setback by the applicable zoning district dimensional standards for which the parcel or lot is located.

(Ord. No. 2023-14, § 3, 9-26-2023)

Yard (side): A yard which is not a front or rear yard.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-60, § 1, 9-1-1987; Ord. No. 94-21, § 1, 12-20-1994; Ord. No. 99-04, 3-16-1999; Ord. No. 2006-20, § 1, 11-7-2006; Ord. No. 2007-13, § 2, 8-2-2007; Ord. No. 2007-19, § 2, 9-18-2007; Ord. No. 2014-20, § 2, 11-4-2014; Ord. No. 2015-02, § 3, 1-6-2015; Ord. No. 2015-27, § 2, 10-20-2015; Ord. No. 2016-09, § 2, 6-7-2016; Ord. No. 2016-19, § 2, 12-6-2016; Ord. No. 2017-15, § 3, 11-20-2017; Ord. No. 2018-05, § 2, 5-15-2018; Ord. No. 2019-20, § 2, 9-17-2019; Ord. No. 2020-13, § 2, 9-1-2020; Ord. No. 2020-18, § 2, 10-6-2020; Ord. No. 2020-19, § 3, 10-6-2020; Ord. No. 2021-04, § 2, 4-20-2021; Ord. No. 2021-07, § 2, 6-15-2021; Ord. No. 2021-12, § 2, 9-7-2021; Ord. No. 2022-06, § 2, 3-1-2022; Ord. No. 2022-13, § 2, 5-5-2022; Ord. No. 2022-24, § 2, 9-6-2022; Ord. No. 2023-14, § 3, 9-26-2023; Ord. No. 2024-11, § 2, 6-11-2024; Ord. No. 2025-08, § 4, 8-12-2025)