Vero Beach City Zoning Code

CHAPTER 61

- RESIDENTIAL ZONING DISTRICTS

ARTICLE II.- RESERVED[4]

Footnotes:

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Editor's note— Section 2 of Ord. No. 91-06, adopted March 5, 1991, amended the Code by repealing §§ 61.15—61.34, which sections comprised the substantive provisions of Art. II of Ch. 61, containing zoning provisions relative to the R-1P Single-Family District, and which derived from Ord. No. 86-43, § 1, adopted Dec. 2, 1986; Ord. No. 87-32, § 1, adopted May 5, 1987; Ord. No. 88-12, § 1, adopted April 19, 1988; Ord. No. 89-56, § 1, adopted August 15, 1989; Ord. No. 89-71, § 1, adopted Oct. 17, 1989; Ord. No. 89-77, §§ 1, 2, adopted Nov. 21, 1989.

ARTICLE VI.- MPZ MASTER PLAN ZONE[5]

Footnotes:

--- (5) ---

Editor's note— Ord. No. 2002-13, § 1, Exh. A, adopted Sept. 17, 2002, amended Art. VI in its entirety to read as herein set out. Former Art. VI, §§ 61.95—61.110 pertained to similar subject matter, and derived from Ord. No. 86-43, § 1, adopted Dec. 2, 1986.

ARTICLE VII.- CAV CULTURAL ARTS VILLAGE DISTRICTS[6]

Footnotes:

--- (6) ---

Editor's note— Ord. No. 2021-04, § 3, adopted April 20, 2021, in effect, repealed art. VII, § 61.120 and enacted a new art. VII as set out herein. Former art. VII pertained to mixed use districts and derived from Ord. No. 89-10, § 2, adopted March 7, 1989. Similar provisions can be found in art. IX of chapter 62 of this Code.

Sec. 61.01.- Purpose of districts.

(a)

These districts are designed to provide suitable areas for low-density residential development where appropriate urban services and facilities are provided or where the extension of such services and facilities will be physically and economically feasible. These districts will be characterized by single-family detached structures and such other structures as are accessory thereto. These districts also may include, as conditional uses, community facilities and utilities which serve specifically the residents, or which are benefited by and compatible with a residential environment.

(b)

It is the express purpose of this section to exclude from this district all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise, except that home occupations specifically provided for in these regulations shall be allowed if they otherwise conform to the provisions of this chapter.

(c)

These districts also may include, as conditional uses, places of worship, public parks and recreation areas, golf courses and country clubs, public and private utilities, educational institutions, cultural activities, and day care services which serve specifically the residents or which are benefited by and compatible with a residential environment.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 1, 3-5-1991)

Sec. 61.02. - Permitted uses.

	R-1AAA	R-1AA	R-1A	R-1
Single-family residential structures .....	X*	X	X	X
Community gardens** .....		X	X	X
Accessory structures and facilities .....	X*	X	X	X

*Section 61.05(f), "Specific Provisions Regulating Conditional Uses," applies to all development in this district.

**Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 2013-25, § 4, 12-3-2013)

Sec. 61.03. - Conditional uses.

	R-1AAA	R-1AA	R-1A	R-1
Educational institutions .....		X	X	X
Golf courses and country clubs .....	X	X	X	X
Places of worship .....		X	X	X
Public parks and recreation areas .....	X	X	X	X
Public and private utilities .....	X	X	X	X
Cultural activities .....			X	X
Day care services .....				X

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 97-12, § 2, 5-6-1997; Ord. No. 99-03, § 2, 3-2-1999)

Sec. 61.04. - Provisions regulating all conditional uses.

A conditional use may be permitted by the city planning and zoning board, provided the use is so designed, located, and proposed to be operated so that the public health, safety, and welfare are protected. Conditional uses will be considered on a case-by-case basis. Findings made in consideration of a conditional use are not justification for approval of other conditional uses. Neighborhood stability and impact on abutting properties shall be of prime importance in consideration of conditional use approval. Indicators of an unacceptable conditional use include the noise, traffic, and scale of a proposed use in relation to nearby uses. In addition to all criteria in the Code of Ordinances, the following criteria shall be considered in decision making relative to approval or denial of a conditional use:

(1)

If in the judgment of the planning and zoning board, based on evidence presented, the proposed use will create noise, traffic, odor or other nuisances to a degree that it will be disruptive to abutting or nearby properties, the conditional use shall not be approved.

(2)

If in the judgment of the planning and zoning board, based on evidence presented, the scale of a proposed conditional use is determined to be inconsistent with existing or anticipated development in the vicinity, the conditional use shall not be approved. Indicators of scale shall be building bulk and height, open space, number of vehicle trips per day, and the number of parking spaces required in relation to a permitted use for the property.

(3)

Sites shall be located on arterial or collector roadways as identified in the comprehensive plan or abutting an existing commercial district or a professional, office and institutional district.

(4)

The level of service on collector or arterial roadways either abutting or connected to a roadway segment which serves as access to the site shall operate at level of service "D" peak hour/peak season or better during predevelopment conditions, and the traffic impact of the proposed development shall not lower the level of service. This shall be documented by the applicant and confirmed by the city department of engineering prior to approval.

(5)

All on-site utility lines, including telephone, cablevision and electric, shall be under ground.

(6)

A site plan application shall accompany all applications for conditional use.

(7)

A 20-foot-wide landscape buffer shall be provided that includes one (1) tree for every forty (40) linear feet along the common property line between the single-family use and the conditional use and a screen of plant material of a minimum of six (6) feet in height that substantially obscures view of the site from the abutting site. Landscape material shall meet or exceed the specifications outlined in Chapter 72, Environmental Protection Standards.

(8)

Dumpsters and/or solid waste containers shall be a minimum of twenty-five (25) feet from abutting single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 2017-02, § 2, 3-7-2017; Ord. No. 2023-07, § 2, 4-18-2023)

Sec. 61.05. - Specific provisions regulating conditional uses.

(a)

Educational institutions:

(1)

The minimum site size shall be five (5) acres.

(2)

No main or accessory building or outside activity area shall be located within twenty-five (25) feet of any use or rear lot line.

(3)

Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or to deliver students. Such facilities shall include driveways that do not require any backup movement by vehicles to enter or exit the premises. The loading area shall include a stacking lane which will accommodate one (1) vehicle for each ten (10) students.

(b)

Places of worship:

(1)

The minimum site for places of worship shall be five (5) acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within twenty-five (25) feet of any side or rear lot line.

(3)

Accessory uses for places of worship may be located on other than the same lot as the principal use if the accessory use is on an abutting lot or is on a lot that would be abutting the lot with the principal use, except that it is separated from the principal use by a right-of-way.

(c)

Cultural activities: Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(d)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of fifteen thousand (15,000) square feet.

(2)

Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. The loading area shall include a stacking lane which will accommodate one (1) vehicle for each ten (10) clients.

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(4)

No main or accessory building or outside activity area shall be located within twenty-five (25) feet of any side or rear lot line.

(e)

Additional requirements for R-1AAA property. Development of any R-1AAA property shall be subject to the following additional requirements:

(1)

Site plan approval shall be required.

(2)

No fill or regrading of the property shall be allowed except to establish required road elevations and for driveways, unless the environmental assessment shows that fill or regrading will not adversely affect the environment and fill is available on site. Driveways shall not exceed road elevations.

(3)

An environmental assessment shall be required to be prepared by a qualified professional. The assessment shall address any rare, threatened, or endangered plants and animals and their habitats. The environmental assessment shall be considered in the site plan review process.

(4)

A minimum of eighty (80) percent of the site shall be held in open space.

(5)

Structures will be reviewed on a site-by-site basis. The location of any structures will be so as to minimize potential impacts on any rare, threatened, or endangered plants or animals and their habitats that are identified in the environmental assessment.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 3, 12-1-1987; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 97-12, § 3, 5-6-1997; Ord. No. 99-03, § 3, 3-2-1999)

Sec. 61.06. - Development guidelines.

	R-1AAA	R-1AA	R-1A	R-1
Building height limit	35′	35′	35′	35′
Minimum lot size (sq. ft.)	87,120	15,000	10,000	6,000(a)
Minimum lot width	(c)	100′	75′	50′(b)
Minimum front yard	(c)(d)	25′(d)	25′(d)	25′(d)
Minimum side yard	(c)(d)	15′(d)	15′(d)	10′(d)
Minimum rear yard	(c)(d)	25′(d)	25′(d)	25′(d)
Minimum floor area (sq. ft.)	1,600	1,600	1,200	800
(ground floor) 1-story	1,600	1,600	1,200	800
(ground floor) 2-story	850	850	850	800
Minimum open space	50%	25%	25%	25%
Maximum floor/area ratio	(e)	(e)	(e)	(e)

Notes:

(a)

7,500 [square feet] for new subdivision.

(b)

75 feet for new subdivision.

(c)

To be determined in site plan or subdivision plat review to accomplish the greatest degree of environmental protection possible.

(d)

Excluding single family and duplex buildings, setbacks apply to buildings up to 22 feet in height. The following increases in setbacks apply to buildings over 22 feet in height:

Floor area equaling 20 percent or less of the ground floor area may be constructed at a height in excess of 22 feet with no increase in the required setback.

If floor area exceeding 20 percent of the ground floor area is constructed in excess of 22 feet in height, then minimum setbacks for portions of a building that exceed 22 feet in height shall be increased by one foot for every foot, or fraction thereof.

(e)

The maximum floor/area ratio will vary between 0.38 and 0.30.*

*See Table 1 below.

TABLE 1

Floor/Area Ratio Maximums for Single Family Residential Zoning Districts

Lot Size	FAR	Lot Size	FAR	Lot Size	FAR
10,000	0.380	13,750	0.350	17,500	0.320
10,125	0.379	13,875	0.349	17,625	0.319
10,250	0.378	14,000	0.348	17,750	0.318
10,375	0.377	14,125	0.347	17,875	0.317
10,500	0.376	14,250	0.346	18,000	0.316
10,625	0.375	14,375	0.345	18,125	0.315
10,750	0.374	14,500	0.344	18,250	0.314
10,875	0.373	14,625	0.343	18,375	0.313
11,000	0.372	14,750	0.342	18,500	0.312
11,125,	0.371	14,875	0.341	18,625	0.311
11,250	0.370	15,000	0.340	18,750	0.310
11,375	0.369	15,125	0.339	18,875	0.309
11,500	0.368	15,250	0.338	19,000	0.3008
11,625	0.367	15,375	0.337	19,125	0.307
11,750	0.366	15,500	0.336	19,250	0.306
11,875	0.365	15,625	0.335	19,375	0.305
12,000	0.364	15,750	0.334	19,500	0.304
12,125	.0363	15,875	0.333	19,625	0.303
12,250	0.362	16,000	0.332	19,750	0.302
12,375	0.361	16,125	0.331	19,875	0.301
12,500	0.360	16,250	0.330	20,000	0.300
12,625	0.359	16,375	0.329
12,750	0.358	16,500	0.328
12,875	0.357	16,625	0.327
13,000	0.356	16,750	0.326
13,125	0.355	16,875	0.325
13,250	0.354	17,000	0.324
13,375	0.353	17,125	0.323
13,500	0.352	17,250	0.322
13,625	0.351	17,375	0.321

•

FAR = Floor/Area Ratio

•

Lot sizes are measured in square feet.

•

Lots of less than 10,000 square feet shall have a maximum FAR of 0.380.

•

Lots of greater than 20,000 square feet shall have a maximum FAR of 0.30.

•

In determining the appropriate FAR, the number closest to the square footage of the site shall be utilized.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 01-02, § 2, 2-20-2001; Ord. No. 2003-21, § 1, 6-3-2003; Ord. No. 2007-13, § 3, 8-2-2007)

Sec. 61.06.1. - Transfer development rights (TDR's).

(a)

Intent and purpose. Within Vero Beach there are certain areas, such as islands and other riverfront properties, that, because of their unique flora and/or fauna, their aesthetic appeal, and their contributions to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological, commercial, and recreational values for the greatest benefit to the citizens of Vero Beach, as well as visitors to the area.

(b)

Applicability. TDR's shall be applicable to those lands within the City of Vero Beach zoned R-1AAA. This shall include the transfer area and receiving area.

(c)

Criteria for implementation. The party proposing use of the TDR concept shall establish, to the satisfaction of the city, that the proposal furthers the intent and purpose as stated in paragraph (a).

(d)

The minimum lot area size specified in the R-1AAA district regulations shall not be reduced by more than 50 percent in the area receiving the transferred development rights.

(e)

Density credit transfers. Areas from which density credits are transferred shall be dedicated to the public for conservation and/or park use.

(f)

Open space maintenance. The development site shall maintain 50 percent open space.

(g)

Application of development guidelines. All development guidelines outlined in the R-1AAA district regulations, with exception of open space and minimum lot size, shall apply to all development.

(Ord. No. 89-81, § 1, 12-19-1989)

Sec. 61.07. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-03, § 1, 1-3-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 2011-10, § 1, 8-16-2011)

Sec. 61.08. - General modifications.

(a)

Yard and road encroachment including roof overhang. Every part of a required yard shall be open (unobstructed) from its lowest point to the sky, except for the ordinary projection of sills, belt courses, cornices, buttresses, awnings, eaves, and similar features approved by the planning and zoning board. None of the above projections shall project into any yard more than 24 inches, except roof overhangs and awnings which may extend 48 inches.

(b)

Projecting fire escapes, stairways, balconies, chimneys, flues, or accessory equipment. Open or closed fire escapes, outside stairways, balconies, chimneys and flues may project up to three and one-half feet into a required yard or court. Air conditioning equipment, sprinkler system controls, water treatment systems, pumps, oil and liquid propane fuel tanks used as an energy supply for fixtures inside the house, and similar accessory equipment typically associated with a residence may project up to three and one-half feet into the required yard or court of a primary structure on property developed for single-family use. This includes pad-mounted equipment. Such accessory equipment that encroaches into required front yards must be fully screened from adjacent properties and right-of-way by landscaping and/or fencing.

(c)

Use of lots less than required size. Any lot of record on February 1, 1969, which contains less land area or lot width than the minimum requirements for this district and has continuously been a lot of record in separate ownership from adjacent property may be used for the uses permitted in this district.

(d)

Subdivision of property. No property, parcel, lot, or combination of lots shall be subdivided, split, or redeveloped into multiple parcels or lots unless each resulting parcel or lot meets all the lot requirements of this district.

(e)

Setback for swimming pools. The setback of the outside structural wall of any swimming pool shall not be less than ten (10) feet from all property lines.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 92-42, § 2, 12-2-1992; Ord. No. 93-21, § 2, 9-21-1993)

Sec. 61.09. - Building height modifications.

Radio and television transmitting and receiving antennas may exceed the building height limits of this zone, provided they otherwise comply with the ordinances of the City of Vero Beach and are not in conflict with the height regulations established by flight regulations of the municipal airport of Vero Beach and the Federal Aviation Administration.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.10. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further; that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(d)

Paved driveway or patio setbacks. Paved driveways or patios shall set back a minimum of two feet from the side property line.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.11. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required yard.

(b)

Corner lots. For the purpose of applying modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(c)

Paved driveway or patio setbacks. Paved driveways or patios shall set back a minimum of two feet from the rear property line.

(d)

Vehicle access may be provided by a private alley or common access driveway, located across the rear yard, to the lot or lots adjacent to the side property line, with a dedicated common access easement and maintenance agreement approved by the city engineer, provided:

(1)

Private alleys or common access driveways shall be designed with a minimum twenty (20) foot easement width, minimum pavement width and driveway design to not adversely impact traffic on the intersecting streets, and pavement material required by chapter 63, Off-street parking requirements, as acceptable to the city engineer.

(2)

Private alleys or common access driveways shall be screened from view of adjacent residential properties by a minimum of a five-foot high wall, fence or landscape material that creates an opaque barrier approved by the planning director.

(3)

Private alleys or common access driveways may not be located within existing utility or drainage easements.

(4)

Private alleys or common access driveways shall not be eligible for municipal services, including, but not limited to, maintenance, garbage collection, and water meters.

(5)

Access and maintenance responsibilities shall be denoted in the deeds for all properties serviced by the private alleys or common access driveways.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2021-09, § 2, 8-17-2021)

Sec. 61.12. - Side yard modifications.

(a)

Whenever a lot exists which contains less width than required in this district, no side yard shall be reduced to less than ten (10) feet; provided, however, that the buildable width shall not be reduced to less than 30 feet.

(b)

Paved driveways or patios shall set back a minimum of two feet from the side property line.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.13. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed and used prior to the construction and use of the principal building. No accessory building shall remain on a lot or shall be used without a principal building existing on such lot, unless after approved in writing by the planning and development director after demonstrated good cause.

(2)

Walls, fences, and docks may be constructed prior to the construction of the principal use; provided, however, that any docks constructed shall be limited to two boats being moored at such dock and such boats shall be owned and registered or documented in the name of the owner of record of the property until such time as a principal use is constructed. The occupation of any boat or watercraft as living quarters is prohibited.

(b)

Encroachment of side or rear yards.

(1)

A one-story accessory building or structure located ten (10) feet or more from a main building, measured from the eave of the main building to the eave of the accessory building or structure shall have a minimum setback of five feet from any interior side or rear lot line, provided:

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The roof eave height does not exceed ten (10) feet, measured from the weighted average, natural, or required grade elevation, with no more than a maximum of ten (10) feet additional height allowed for architectural embellishments; and

The distance to the side or rear lot line is measured from the eave of the accessory building or structure;

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

The height of the building or structure does not exceed 22 feet, measured from the weighted average, natural, or required grade elevation to the inside ceiling of the highest usable space. An additional ten (10) feet in height is allowed for architectural embellishments.

(d)

Use and size restrictions.

(1)

Accessory buildings shall not be used as dwelling units.

(2)

The cumulative gross square footage of accessory buildings or structures shall not be greater than 50 percent of the floor area of the principal building or greater than 1,200 square feet, whichever is less; however, there shall be no more than three accessory buildings on a lot.

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2003-39, § 2, 11-18-2003; Ord. No. 2006-20, § 2, 11-7-2006)

Sec. 61.14. - Walls and fences.

Construction, erection and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

In this district, there shall be no fences, walls, plantings, or other structures or obstructions erected or maintained within 20 feet of any street intersection which may obstruct the view of a motorist or otherwise cause an obstruction to traffic flow.

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chain-link-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

A fence or wall shall not exceed whichever height is greater: five feet above the crown of the road at any point when measured from the straight line perpendicular to the road and the fence or wall or five feet above the natural grade level of the land on both sides of the fence or wall.

(2)

Chainlink-type fence, or minimum 14 gauge galvanized wire fence, shall be permitted subject to the landscape and setback requirements in subsection (c)(1)b., c., d., and e. above, but in no instance shall said fence exceed four feet in height.

(3)

Reserved.

(d)

The use of any form of barbed wire in or on fences is prohibited within the city. Exceptions to this requirements may be granted by application for a minor change, if it is found that the granting of the requested exception is for the protection of the public from hazardous materials or operations.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.35.- Purpose of district.

(a)

These districts are designed to provide suitable areas for medium-density residential development where sufficient urban services and facilities are provided or where the extension of such services and facilities will be physically and economically feasible. It is also the intent of this section to permit single-family and two-family structures as well as multiple-family structures developed within a medium-density range as defined in the text and provided a sufficient open space is preserved on the same lot. Also, within the district, the density of the new development proposals shall be compatible with existing development, the policies of this chapter, and the comprehensive land use plan with a view toward preserving stability of established areas, and cultivating smooth transitions in residential densities where gradual shifts in density are in order cue to varied levels of access to public services, including transportation and utilities, unique physical features of the property, nature and intensity of abutting land uses, or other site considerations.

(b)

These districts may include, as conditional uses, day care services, educational institutions, golf courses and country clubs, places of worship, public park and recreation areas, public and private utilities, and cultural activities which are necessary to service specifically the residents, or which are benefited by and compatible with a residential environment. Such facilities should be accessibly located and appropriately situated in order to satisfy spatial requirements of respective community facilities.

(c)

It is the express purpose of this section to exclude from these districts all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 2003-22, § 1, 6-3-2003)

Sec. 61.36. - Permitted uses.

	RM-8	RM-10
Single-family residential structures .....	X	X
Duplexes .....	X	X
Multiple-family residential structures .....	X	X
Community gardens* .....	X	X
Adult congregate living facilities .....	X	X
Nursing homes .....	X	X
Accessory structures and facilities .....	X	X

*Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 94-17, § 2, 11-1-1994; Ord. No. 2013-25, § 5, 12-3-2013)

Sec. 61.37. - Conditional uses.

	RM-8	RM-10
Cultural activities .....	X	X
Day care services .....	X	X
Educational institutions .....	X	X
Golf courses and country clubs .....	X	X
Places of worship .....	X	X
Public recreation and park areas .....	X	X
Public and private utilities .....	X	X

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 2003-22, § 2, 6-3-2003)

Sec. 61.38. - Provisions regulating all conditional uses.

(1)

If in the judgment of the planning and zoning board, based on evidence presented, the proposed use will create noise, traffic, odor, or other nuisances to a degree that it will be disruptive to abutting or nearby properties, the conditional use shall not be approved.

(2)

(3)

The use conforms to all applicable provisions of the district in which it is located.

(4)

Sites shall be located on an arterial or collector roadway as identified in the comprehensive plan or abutting an existing commercial district or professional, office, and institutional district thereby serving as a logical transitional use between residential and commercially developed properties. Where not located on an arterial or collector roadway, as identified in the comprehensive plan, the site shall not abut a single-family residential district.

(5)

(6)

All on-site utility lines, including telephone, cablevision and electric, shall be underground.

(7)

A site plan application shall accompany all applications for conditional use.

(8)

For sites abutting or separated by a right-of-way from a single-family zoning district or a single-family use in any residential zoning district, the following requirements shall apply:

A 20-foot-wide landscape buffer shall be provided which includes one tree for every 40 linear feet along the common property line and screen of plant material a minimum of six feet in height which substantially obscures view of the site from the abutting site. Landscape material shall meet or exceed the specifications outlined in the Landscape and Tree Protection Ordinance. The owner of the abutting property shall have the option to select a solid, six-foot-high concrete block wall in place of the six-foot-high landscape screen. Stucco and paint shall be applied to both sides of the wall. The cost of such wall shall be paid by the owner seeking the conditional use.

Stormwater retention areas shall not be located on any side of the building which faces the single-family residential property.

Mechanical equipment shall not be located on any side of the building which faces the single-family residential property.

Wherever practical, dumpsters and/or solid waste containers shall not be located on the side of a building which faces residential property. In any event, dumpsters and/or solid waste containers shall be a minimum of 25 feet from abutting single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 3, 3-5-1991)

Sec. 61.39. - Specific provisions regulating conditional uses.

(a)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of 15,000 square feet.

(2)

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(4)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(b)

Places of worship:

(1)

The minimum site for places of worship shall be five acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(c)

Educational institutions:

(1)

The minimum site size shall be five acres.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pickup or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. The loading area shall include a stacking lane which will accommodate one vehicle for each ten clients.

(d)

Golf courses. Development features, including the principal and accessory building and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon abutting properties. Similarly, residential properties shall be buffered by dense vegetation at points where such residential properties are exposed to tees, fairways or greens.

(e)

Cultural activities. Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 3, 12-1-1987; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 92-13, § 2, 5-19-1992; Ord. No. 2003-22, § 3, 6-3-2003)

Sec. 61.40. - Development guidelines.

	RM-8	RM-10
Minimum density .....	8 units/acre	10 units/acre
Building height limit .....	35′	35′
Minimum front yard* .....	25′	25′
Minimum rear yard* .....	25′	25′
Minimum side yard* .....	20′	20′
Minimum lot width, 1 or 2 units .....	80′	80′
Minimum lot width, multifamily .....	100′	100′
Minimum open space* .....	50%	50%
Maximum floor/area ratio .....	0.30	0.40

*See section 61.44, general modifications.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 2003-21, § 2, 6-3-2003)

Sec. 61.41. - Minimum lot size and floor area.

Nature of Dwelling	Sq. Ft. Area of Living Quarters Per Family Unit		Sq. Ft. of Land Area Required Per Family Unit
Nature of Dwelling	RM-8	RM-10	RM-8	RM-10
One-family	1,200	1,200	10,000	10,000
2 families	860	860	5,000	5,000
3 families and more	860	860	5,445	4,300

In computing the floor space as provided above, the areas occupied by porches, patios, terraces, attached garages, carports, covered parking spaces, or nonroofed areas shall be excluded.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.42. - Refuse collection.

Facilities for collection and removal of solid wastes shall be provided.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.43. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 94-17, § 3, 11-1-1994; Ord. No. 2011-10, § 2, 8-16-2011)

Sec. 61.44. - General modifications.

(a)

(b)

Projecting fire escapes, stairways, balconies, chimneys, flues, or accessory equipment. Open or closed fire escapes, outside stairways, balconies, chimneys and flues may project up to three and one-half feet into a required yard or court. Air conditioning equipment, sprinkler system controls, water treatment systems, pumps, oil and liquid propane fuel tanks used as an energy supply for fixtures inside the house, and similar accessory equipment typically associated with a residence may project up to three and one-half feet into the required yard or court of a primary structure on property developed for residential use. This includes pad-mounted equipment. Such accessory equipment that encroaches into required front yards must be fully screened from adjacent properties and right-of-way by landscaping and/or fencing.

(c)

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 this district if such lot, at said time, does not adjoin other land of the same owner available for use in connection with said lot. This provision shall not be construed to permit more than one dwelling unit with less lot area per family than is required for this district.

(d)

Increase in required yard. Excluding single family and duplex buildings, when the structure exceeds 25 feet in height, the required yard shall be increased by one foot for each additional two feet in height or portion thereof.

(e)

Development of front yards of lots for multiple-family use in RM-8 district. The front yard of lots developed for multiple-family use in the RM-8 district and separated by a street from a single-family district shall have no parking or other paved surface except for access driveways or sidewalks leading to a structure on the premises, and such driveways and sidewalks shall be located generally perpendicular to the street lot line.

(f)

Increase in side yard requirements. When the maximum distance between two parallel lines drawn through the two points of the main building or structure nearest to opposite side yard property line exceeds 100 feet, the additional side yard shall be increased above that established by paragraph (a) above as follows: One foot for every ten (10) feet in length in excess of 100 feet.

(g)

Side yards for lots of record less than 70 feet. Where a lot of record exists that is less than 70 feet, a side yard shall be provided on each side of every lot of not less than ten (10) feet in width.

Within said setback area, no paving shall be permitted except for access driveways or sidewalks leading to a structure on the premises and such driveways and sidewalks shall be located generally perpendicular to the street lot line.

The required setback area where not used for driveways and sidewalks shall be planted and maintained in lawn, sod or landscaping, including flower beds, shrubs, hedges, statuary or ornamental objects not over three feet in height and trees may be planted so as not to obscure the vision of the driver of a vehicle.

(h)

Swimming pool setbacks. The setback of the outside structural wall of any swimming pool shall be not less than ten (10) feet from all property lines.

(i)

Landscaping space requirements for nonresidential developments. Parcels developed for nonresidential uses shall have a minimum of 25 percent of the total land area as open landscaped space.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 93-21, § 3, 9-21-1993; Ord.. No. 2007-13, § 4, 8-2-2007)

Sec. 61.45. - Building height modifications.

Radio and television transmitting and receiving antennas may exceed the building height limits of this zone provided they otherwise comply with the ordinances of the City of Vero Beach and are not in conflict with the height regulations established by flight regulations of the municipal airport of Vero Beach and the Federal Aviation Administration.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.46. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further, that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.47. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required rear yard.

(b)

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(c)

Non-residential lots abutting residential property. In any nonresidential district, if the rear property line of a lot abuts a residential district, a rear yard shall be provided equal to the yard required in the residential district it abuts.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.48. - Side yard modifications.

(a)

Narrow lots. Whenever a lot in single ownership exists which contains less width than required in this district, no side yard shall be reduced to less than ten (10) feet; provided further, that the buildable width shall not be reduced to less than 20 feet.

(b)

Side yards for single-family or duplex residences. A minimum side yard shall be provided on each side of every lot of not less than ten (10) feet for single-family or duplex residences.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-13, § 1, 4-16-1991)

Sec. 61.49. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed and used prior to the construction and use of the principal building. No accessory building shall remain on a lot or shall be used without a principal building existing on such lot, unless approved in writing by the planning and development director after demonstrated good cause.

(2)

(b)

Encroachment of side or rear yards:

(1)

A one-story accessory building or structure located ten (10) feet or more from a main building, measured from the eave of the main building to the eave of the accessory building or structure, shall have a minimum setback of five feet from any interior side or rear lot line, provided:

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The distance to the side or rear lot line is measured from the eave of the accessory building or structure.

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

(d)

Use and size restrictions:

(1)

Accessory buildings shall not be used as dwelling units.

(2)

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2006-20, § 3, 11-7-2006)

Sec. 61.50. - Walls and fences.

Construction, erection, and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chainlink-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

(2)

(3)

Reserved.

(d)

The use of any form of barbed wire in or on fences is prohibited within the city. Exceptions to this requirement may be granted by application for a minor change, if it is found that the granting of the requested exception is for the protection of the public from hazardous materials or operations.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.51.- Purpose of district.

(a)

This district is designed to provide suitable areas for high-density residential development where sufficient urban services and facilities are provided or where such facilities will be available prior to the development.

(b)

Within this district, the density of new development shall be guided by existing development, the policies of this chapter, and the comprehensive land use plan with a view toward preserving stability of established areas and cultivating smooth transitions in residential densities where gradual shifts in density are in order due to varied levels of access to public services, including transportation and utilities, unique physical features of the property, nature and intensity of neighboring land uses, or other site considerations.

(c)

This district may include, as conditional uses, day care services, educational institutions, golf courses and country clubs, places of worship, public park and recreation areas, public and private utilities, and cultural activities, which are necessary to serve the residents of this district and which are compatible with residential areas.

(d)

The purpose of this section is to exclude from this district all buildings and/or other structures and uses having commercial characteristics, whether operated for profit or otherwise.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 2003-22, § 4, 6-3-2003)

Sec. 61.52. - Permitted uses.

In this district a building or premises may be used only for the following purposes:

Single-family residential structures.

Duplexes.

Multiple-family residential structures.

Adult congregate living facilities.

Nursing homes.

Community gardens.*

Accessory structures and facilities.

*Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 94-17, § 4, 11-1-1994; Ord. No. 2013-25, § 6, 12-3-2013)

Sec. 61.53. - Conditional uses.

In this district, as a conditional use, a building or premises may be used only for the following purposes upon determination by the city planning and zoning board that the respective use complies with standards regulating conditional uses and complies with site plan review requirements:

Day care services.

Cultural activities.

Educational institutions.

Golf courses and country clubs.

Places of worship.

Public recreation and park areas.

Public and private utilities.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 2003-22, § 5, 6-3-2003)

Sec. 61.54. - Provisions regulating all conditional uses.

(1)

(2)

(3)

The use conforms to all applicable provisions of the district in which it is located.

(4)

Sites shall be located on an arterial or collector roadway as identified in the comprehensive plan or abutting an existing commercial district or professional, office, and institutional district thereby serving as a local transitional use between residential and commercially developed properties. Accessory parking lots shall not be subject to this requirement. Where not located on an arterial or collector roadway as identified in the comprehensive plan, the site shall not abut a single-family residential district.

(5)

(6)

All on-site utility lines, including telephone, cablevision and electric, shall be under ground.

(7)

A site plan application shall accompany all applications for conditional use.

(8)

For sites abutting or separated by a right-of-way from a single-family zoning district or a single-family use in any residential zoning district, the following requirements shall apply:

A 20-foot-wide landscape buffer shall be provided which includes one tree for every 40 linear feet along the common property line and screen of plant material a minimum of six feet in height which substantially obscures view of the site from the abutting site. Landscape material shall meet or exceed the specifications outlined in the Landscape and Tree Protection Ordinance. The owner of the abutting property shall have the option to select a solid, six-foot-high concrete block wall in place of the six-foot-high landscape screen. The cost of such wall shall be paid by the owner seeking the conditional use. Stucco and paint shall be applied to both sides of the wall.

Stormwater retention areas shall not be located on any side of the building which faces the single-family residential property.

Mechanical equipment shall not be located on any side of the building which faces the single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 4, 3-5-1991)

Sec. 61.55. - Specific provisions regulating conditional uses.

(a)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of 15,000 square feet.

(2)

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(b)

Educational institutions:

(1)

The minimum site size shall be five acres.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(c)

(d)

Places of worship:

(1)

The minimum site for places of worship shall be five acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(e)

Cultural activities. Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-78, § 1, 12-1-1987; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 92-13, § 2, 5-19-1992; Ord. No. 2003-22, § 6, 6-3-2003)

Sec. 61.56. - Density.

Residential development in this district may be developed at a maximum of ten units per acre in the areas designated medium density in the comprehensive plan and at a maximum of 12 units per acre in areas designated high density in the comprehensive plan.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-31, § 1, 4-21-1987)

Sec. 61.57. - Building height.

No building or structure shall exceed 35 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-23, § 1, 4-7-1987; Ord. No. 2007-13, § 5, 8-2-2007)

Sec. 61.58. - Minimum lot size and floor area.

(a)

For the following specified uses, every lot or parcel of land shall provide a living quarters area and a land area for each family unit of at least the amount indicated except as provided under modifications and adjustments:

Nature of Dwelling	Sq. Ft. Area of Living Quarters Per Family Unit	Sq. Ft. of Land Area Required Per Family Unit
One Family	800	10,500
Two Families	600	5,000
Three families and more*	600	3,630
Three families and more†	600	4,300

*12 units/acre
†Ten units/acre

(b)

In computing the floor space as provided above, the areas occupied by porches, patios, terraces, attached garages, carports, covered parking spaces, or nonroofed areas shall be excluded.

(c)

The minimum width of any lot used for one- or two-family dwelling units shall be 80 feet, but the minimum width of any lot used for a multiple-family dwelling shall be 100 feet in new subdivisions.

(d)

Existing lots of record at the time of the adoption of this chapter or amendments thereto which contain less lot area or width than is required in this district may be used for duplex dwellings purposes but only in accordance with one unit for each 2,900 square feet of lot area and subject to site plan approval.

(e)

Any lot within a plat of record as of December 2, 1980, shall not be redivided into two or more lots unless the provisions of chapter 27, Subdivisions, shall be satisfied.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-30, § 1, 4-21-1987)

Sec. 61.59. - Lot coverage.

No principal structure shall occupy more than 35 percent of the lot.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.60. - Front yard.

Every lot shall have a front yard or street yard of not less than 25 feet in depth for a building or structure up to and including 35 feet in height; provided that when the structure exceeds 35 feet in height the front yard shall be increased by one foot for each additional two feet of height or portion thereof.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.61. - Rear yard.

Every lot shall have a rear yard of not less than 25 feet in depth.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.62. - Side yard.

(a)

A side yard shall be provided on each side of every lot of not less than seven and one-half feet for one- and two-family dwellings. All other uses shall be required to provide a side yard on each side according to the following:

One-story building: ten (10) feet;

Two-story building to 25 feet in height: 15 feet;

provided, that when the structure exceeds 25 feet in height, the side yard shall be increased by one foot for each additional two feet in height or portion thereof.

(b)

When the maximum distance between parallel lines drawn through the two points of the main building or structure nearest to the opposite side yard property lines exceeds 100 feet, the additional side yard shall be increased above that established by the above as follows: One foot for every ten (10) feet in length in excess of 100 feet.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.63. - Open area.

(a)

Every parcel developed for residential uses shall have a minimum of 50 percent of the total land area as open landscaped space. Nonresidentially developed parcels shall have a minimum of 25 percent of the total land area as open landscaped space.

(b)

All landscaped areas shall be planted and maintained in lawn, sod, or natural foliage. No part of any open area shall be used for driveways or parking area.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 4, 3-5-1991)

Sec. 61.63.1. - Floor/area ratio.

The maximum floor/area ratio shall be 0.40.

(Ord. No. 2003-21, § 3, 6-3-2003)

Sec. 61.64. - Refuse collection.

Facilities for collection and removal of solid wastes shall be provided.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.65. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-03, § 1, 1-3-1989; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 94-17, § 5, 11-1-1994; Ord. No. 2011-10, § 3, 8-16-2011)

Sec. 61.66. - General modifications.

(a)

(b)

Projecting fire escapes, stairways, balconies, chimneys, flues, or accessory equipment. Open or closed fire escapes, outside stairways, balconies, chimneys and flues may project up to three and one-half feet into a required yard or court. Air conditioning equipment, sprinkler system controls, water treatment systems, pumps, oil and liquid propane fuel tanks used as an energy supply for fixtures inside the house, and similar accessory equipment typically associated with a residence may project up to three and one-half feet into the required yard or court of a primary structure on property developed for residential use. This includes pad-mounted equipment. Such accessory equipment that encroaches into required front yards must be fully screened from adjacent properties and right-of-way by landscaping and/or fencing.

(c)

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 this district 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. This provision shall not be construed to permit more than one dwelling unit with less lot area per family than is required for this district.

(d)

Swimming pool setback. The setback of the outside structural wall of any swimming pool shall not be less than ten (10) feet from all property lines.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 93-21, § 4, 9-21-1993)

Sec. 61.67. - Building height modifications.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.68. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further, that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.69. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required rear yard.

(b)

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.70. - Side yard modifications.

(a)

Lots less than required width. Whenever a lot in single ownership exists which contains less width than required in this district, no side yard shall be reduced to less than ten (10) feet; provided further, that the buildable width shall not be reduced to less than 20 feet.

(b)

Building with mixed use. Whenever a portion of a building is used for nonresidential purposes, the provision governing residential side setbacks shall be applicable.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.71. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed and used prior to the construction and use of the principal building. No accessory building shall remain on a lot or shall be used without a principal building existing on such lot, unless approved in writing by the planning and development director after demonstrated good cause.

(2)

(b)

Encroachment of side or rear yards:

(1)

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The distance to the side or rear lot line is measured from the eave of the accessory building or structure;

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

(d)

Use and size restrictions:

(1)

Accessory buildings shall not be used as dwelling units.

(2)

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2006-20, § 4, 11-7-2006)

Sec. 61.72. - Walls and fences.

Construction, erection, and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chainlink-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

(2)

(3)

Reserved.

(d)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.73.- Purpose of district.

(a)

This district is designed to provide adequate space in appropriate locations suitable for accommodating high-density residential development and congregate housing exclusively for the elderly and designed to meet the unique needs of elderly persons.

(b)

This district may include, as conditional uses, day care services, educational institutions, golf courses, places of worship, public park and recreation areas, cultural activities, and public and private utilities which are necessary to serve the residents of this district and which are compatible with residential areas.

(c)

It is the express purpose of this section to exclude from this district all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 2003-22, § 7, 6-3-2003)

Sec. 61.74. - Permitted uses.

In this district a building or premises may be used only for the following purposes:

Single-family residential structures.

Duplexes.

Multiple-family residential structures.

Adult congregate living facilities.

Nursing homes.

Community gardens.*

Accessory structures and facilities.

*Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 94-17, § 6, 11-1-1994; Ord. No. 2013-25, § 7, 12-3-2013)

Sec. 61.75. - Conditional uses.

Cultural activities.

Day care services.

Congregate multiple-family housing for the elderly with kitchen facilities.

Educational institutions.

Golf courses and country clubs.

Places of worship.

Public and private utilities.

Public recreation and park areas.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 2003-22, § 8, 6-3-2003)

Sec. 61.76. - Provisions regulating all conditional uses.

(1)

(2)

(3)

The use conforms to all applicable provisions of the district in which it is located.

(4)

Sites shall be located on an arterial or collector roadway as identified in the comprehensive plan or abutting an existing commercial district or professional, office, and institutional district thereby serving as a logical transitional use between residential and commercially developed properties. Where not located on an arterial or collector roadway as identified in the comprehensive plan, the site shall not abut a single-family residential district.

(5)

(6)

All on-site utility lines, including telephone cablevision and electric, shall be underground.

(7)

A site plan application shall accompany all applications for conditional use.

(8)

For sites abutting or separated by a right-of-way from a single-family zoning district or a single-family use in any residential zoning conditional, the following requirements shall apply:

A 20-foot-wide landscape buffer shall be provided which includes one tree for every 40 linear feet along the common property line and screen of plant material a minimum of six feet in height which substantially obscures view of the site from the abutting site. Landscape material shall meet or exceed the specifications outlined in the Landscape and Tree Protection Ordinance. The owner of the abutting property shall have the option to select a solid, six-foot-high concrete-block wall in place of the six-foot-high landscape screen. The cost of such wall shall be paid by the owner seeking the conditional use. Stucco and paint shall be applied to both sides of the wall.

Stormwater retention areas shall not be located on any side of the building which faces the single-family residential property.

Mechanical equipment shall not be located on any side of the building which faces the single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 5, 3-5-1991)

Sec. 61.77. - Specific provisions regulating conditional uses.

(a)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of 15,000 square feet.

(2)

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(4)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(b)

Educational institutions:

(1)

The minimum site size shall be five acres.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(c)

Places of worship:

(1)

The minimum site for places of worship shall be five acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(d)

(e)

Cultural activities. Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 92-13, § 2, 5-19-1992; Ord. No. 2003-22, § 9, 6-3-2003)

Sec. 61.78. - Density.

Residential property in this district may be developed at a maximum of 13 units per acre, with the exception of congregate multiple-family housing exclusively for the elderly which shall not exceed a maximum density of 18 units or rooms per acre.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-29, § 1, 4-21-1987; Ord. No. 91-06, § 5, 3-5-1991)

Sec. 61.79. - Building height.

No building or structure shall exceed 35 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 4-7-1987; Ord. No. 2007-13, § 6, 8-2-2007)

Sec. 61.80. - Minimum lot size and floor area.

(a)

For the following specified uses, every lot or parcel of land shall provide a living quarters area and a land area for each family unit of at least the amount indicated, with a two-acre minimum for congregate multiple-family housing exclusively for the elderly:

Nature of Dwelling	Sq. Ft. of Living Quarters Per Family Unit	Sq. Ft. of Land Area Required Per Family Unit
One-family	900	7,500
2 families	800	3,750
3 families and more	750	3,350

(b)

In computing the floor space as provided above, the areas occupied by a lobby, elevator shafts, stairwells, common hallways, porches, patios, terraces, garages, carports, covered parking spaces, or nonroofed areas shall be excluded.

(c)

The minimum width of any lot used for two or more family dwelling units shall be 100 feet, but the minimum width of any lot used for a single-family dwelling shall be 50 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-28, § 1, 4-21-1987)

Sec. 61.81. - Lot coverage.

No principal structure shall occupy more than 40 percent of the lot.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.82. - Front yard.

Every lot shall have a front yard or street yard of not less than 25 feet in depth for a building or structure up to and including 35 feet in height; provided, that when the structure exceeds 35 feet in height the front yard shall be increased by one foot for each additional two feet of height or portion thereof.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.83. - Rear yard.

Every lot shall have a rear yard of not less than 25 feet in depth for a building or structure up to and including 35 feet in height; provided, that when a structure exceeds 35 feet in height, the rear yard shall be increased by one foot for each additional two feet of height or portion thereof.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.84. - Side yard.

(a)

A side yard shall be provided on each side of every lot of not less than 15 feet in width; that for other than single family or duplex buildings, the side yard shall be increased by one foot for each additional two feet in height or portion thereof in excess of 25 feet in height.

(b)

When the maximum distance between parallel lines drawn through the two points of the main building or structure nearest to the opposite side yard property lines exceeds 100 feet, the additional side yard shall be increased above that established by the above as follows: one foot for every ten (10) feet in length in excess of 100 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2007-13, § 7, 8-2-2007)

Sec. 61.85. - Open area.

(a)

Every parcel developed for residential uses shall have a minimum of 50 percent of the total land area as open landscaped space. Nonresidential developed parcels shall have a minimum of 25 percent of the total land area as open landscaped space.

(b)

All landscaped areas shall be planted and maintained in lawn, sod, or natural foliage. No part of any open area shall be used for driveways or parking area.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991)

Sec. 61.85.1. - Floor/area ratio.

The maximum floor/area ratio shall be 0.40.

(Ord. No. 2003-21, § 4, 6-3-2003)

Sec. 61.86. - Refuse collection.

Facilities for collection and removal of solid wastes shall be provided.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.87. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-03, § 1, 1-3-1989; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 94-17, § 7, 11-1-1994; Ord. No. 2011-10, § 4, 8-16-2011)

Sec. 61.88. - General modifications.

(a)

(b)

Projecting fire escapes, stairways, balconies, chimneys, flues, or accessory equipment. Open or closed fire escapes, outside stairways, balconies, chimneys and flues may project up to three and one-half feet into a required yard or court. Air conditioning equipment, sprinkler system controls, water treatment systems, pumps, oil and liquid propane fuel tanks used as an energy supply for fixtures inside the house, and similar accessory equipment typically associated with a residence may project up to three and one-half feet into the required yard or court of a primary structure on property developed for residential use. This includes pad-mounted equipment. Such accessory equipment that encroaches into required front yards must be fully screened from adjacent properties and right-of-way by landscaping and/or fencing.

(c)

(d)

Swimming pool setback. The setback of the outside structural wall of any swimming pool shall not be less than ten (10) feet from all property lines.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 93-21, § 4, 9-21-1993)

Sec. 61.89. - Building height modifications.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.90. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further, that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.91. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required rear yard.

(b)

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(c)

Nonresidential lots abutting residential property. In any nonresidential district, if the rear property line of a lot abuts a residential district, a rear yard shall be provided equal to the yard required in the residential district it abuts.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.92. - Side yard modifications.

(a)

(b)

Building with mixed use. Whenever a portion of a building is used for nonresidential purposes, the provision governing residential side setbacks shall be applicable.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.93. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed and used prior to the construction and use of the principal building. No accessory building shall remain on a lot or shall be used without a principal building existing on such lot, unless approved in writing by the planning and development director after demonstrated good cause.

(2)

(b)

Encroachment of side or rear yards:

(1)

A one-story accessory building or structure located ten (10) feet or more from a main building, measured from the eave of the main building to the eave of the accessory building or structure, shall have a minimum setback of five feet from any interior side or rear lot line, provided:

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The distance to the side or rear lot line is measured from the eave of the accessory building or structure;

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

(d)

Use and size restrictions:

(1)

Accessory buildings shall not be used as dwelling units.

(2)

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2006-20, § 5, 11-7-2006)

Sec. 61.94. - Walls and fences.

Construction, erection, and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chainlink-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

A fence or wall shall not exceed whichever height is greater: five feet above the crown of the road at any point when measured from the straight line perpendicular to the road and the fence or wall five feet above the natural grade level of the land on both sides of the fence or wall.

(2)

(3)

Reserved.

(d)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.95.- Purpose of district.

The purpose of the MPZ is to allow diversification in the types and relationships of various buildings, structures, uses, and open spaces in a planned, primarily residential environment, while ensuring that adequate standards relating to the public health, safety, and general welfare are observed. The MPZ is to provide an opportunity for application of innovative concepts of unified site planning by permitting a more economical and concentrated use of building areas, increasing the amount and use of open space areas, preserving natural amenities and environmental assets of the land, and ensuring that a major residential development that may impact existing systems (including utilities, transportation, schools, recreation, police, fire protection, or scenic areas) will occur according to the limitations and phasing as stipulated in an approved master plan.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.96. - Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this section, have the meanings indicated herein:

Approved master plan. The master plan as approved by the city council.

Development tracts. Areas of development within an approved MPZ.

Open space. Common green areas, yards, golf courses (excluding buildings), water bodies, storm water detention or retention areas, drainage swales, recreation areas such as tennis courts swimming pools, picnic areas, and walks and trails including paved walkways.

Master plan zoning district (MPZ). A residential zoning district, that includes limited non-residential uses with flexible development guidelines designed to allow development of various styles of housing units on smaller than standard individual development sites in order to consolidate open space for recreational, aesthetic and preservation purposes.

Master plan. A general development plan for land within a master plan zone.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.97. - Density.

The maximum density in an MPZ shall equal the number of platted lots that could be created on the property in compliance with the subdivision, zoning and any other regulations applicable to the property at the time the MPZ application is submitted. A conceptual plat that conforms to the applicable regulations shall be submitted with the MPZ application. The conceptual plat shall include sufficient detail to allow a determination to be made that the plat meets the zoning and subdivision regulations. If the property includes water bodies or wetlands that are intended to be filled, then the applicant shall provide evidence that the proposed fill meets permitting requirements of the Florida Department of Environmental Protection and/or any other federal or state agency with jurisdiction over fill activity. Once the maximum number of lots that could be platted on the property has been determined, the permitted density shall be calculated as the total number of acres to be included in the MPZ divided into the number of lots and expressed as units per acre.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.98. - Permitted uses.

(a)

Dwelling units in detached, attached, duplex town home patio-styled configuration or any combination thereof.

(b)

Golf course clubhouse including dining facilities.

(c)

Other non-residential uses of a commercial character to the extent they are designed primarily to serve the residents of the MPZ Non-residential uses other than a golf course clubhouse and dining facilities shall be governed by the following standards:

(1)

The non-residential use shall be located a minimum of 1,000 feet from all perimeter roads and adjacent properties;

(2)

Direct access to a perimeter road by a non-residential use or signage visible from a perimeter road or adjacent property by a non-residential use is prohibited;

(3)

Exclusive of a golf course clubhouse and dining room the cumulative total of non-residential uses shall equal to a maximum of 20 square feet per dwelling unit;

(4)

When located at sites other than the golf course clubhouse, the maximum size of any one non-residential use shall be 4,000 square feet per site;

(5)

When located at sites other than the golf course clubhouse non-residential uses shall be located a minimum of 1,000 feet from one another and 1,000 feet from the golf course clubhouse;

(6)

At sites other than the golf course clubhouse, a minimum of 50 percent open space shall be required;

(7)

Signage shall be limited to one freestanding sign a maximum of 16 square feet and one façade sign of 16 square feet;

(8)

Freestanding signs shall be a maximum of eight feet high;

(d)

Accessory uses.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.99. - Minimum site size.

The minimum site size for a Master Plan Zone shall be 200 contiguous acres.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.100. - Minimum floor area.

Single-family detached dwelling units shall have a minimum floor area of 1,000 square feet. All other types of dwelling units shall have a minimum floor area of 850 square feet.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.101. - Maximum height.

The maximum height of any building in the MPZ shall be 35 feet as defined in the Code of Ordinances.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.102. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002; Ord. No. 2011-10, § 5, 8-16-2011)

Sec. 61.103. - Open space.

A minimum of 50 percent of the MPZ shall be open space.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.104. - Building coverage.

A maximum of 30 percent of the MPZ area shall be covered by structures under roof.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.105. - Recreation requirements.

A minimum of one acre of active or passive recreation area shall be designated for each 25 residential units. The recreation space shall be designed and located so as to be accessible by the residents and reasonably usable for the intended recreational activity.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.106. - Perimeter setbacks

Perimeter setbacks and buffers in Master Plan Zones shall be as follows:

(1)

All structures, recreational uses and accessory uses shall have a minimum setback of 25 feet from the MPZ zoning district line around the entire perimeter of the site. The perimeter setback shall include landscaping that will provide an adequate buffer between the MPZ uses and the abutting properties and rights-of-way. The buffer is also intended to provide adequate screening for the future residents of the MPZ from adjacent non-residential uses and rights-of-way.

(2)

Where a golf course is adjacent to a single family residential use or area zoned for single family use the perimeter landscape buffer shall be increased to a minimum of 50 feet. Twenty-five feet of the buffer may be designed as part of the golf course rough by the designer of the golf course. The "rough" area may include walking trails and bicycle paths. The 25 feet closest to the adjacent single family area shall include a dense landscape buffer.

(3)

Where multiple family type uses or attached dwelling units are adjacent to a single family use or area zoned for single family use the minimum setback from the perimeter of the Master Plan Zone to the nearest structure, recreation use or accessory use shall be 50 feet. However, walking trails and bicycle paths may be located a minimum of 25 feet from the adjacent single family area. An appropriate landscape buffer shall be included within the setback area.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.107. - Unified control.

(a)

The MPZ area shall at all times be owned or controlled by an individual, legal entity or legally established association or organization(s) responsible for ownership and maintenance of the site, all improvements, common facilities, infrastructure, and amenities.

(b)

Prior to approval of an MPZ application the applicant shall document to the satisfaction of the city that unified control as described in this section exists and will continue perpetually. All documents of establishment of the entities shall be submitted to the city for review prior to approval of the MPZ.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.108. - Waivers to development guidelines.

(a)

Waivers to the development guidelines in the zoning and subdivision sections of the Code of Ordinances may be granted by the city council as follows:

(1)

Minimum lot sizes.

(2)

Minimum lot width.

(3)

Minimum front side and rear setbacks for principal and accessory structures.

(4)

Minimum right-of-way widths.

(5)

Minimum open space on individual lots, however, the minimum open space standard for the entire MPZ area shall not be reduced.

(6)

Other Code requirements proposed by the applicant provided there is adequate justification and the waiver creates a positive impact on the community as determined by the city council.

In granting these waivers as part of a comprehensive MPZ plan the city council shall consider the design of the MPZ that is intended to provide consolidated open space preservation and recreational areas that would not be included if a more conventional development pattern were proposed.

(b)

Other criteria found in the zoning and subdivision ordinances shall apply unless specifically exempted by the city council.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.109. - Master plan zone and master plan review process.

The application submittal, review, and approval process to rezone parcel(s) to a MPZ Zoning District and establish a master plan and agreement for a MPZ project and any subsequent amendments shall follow the procedures, review standards, and requirements of this article and Planned Development Official Zoning Map amendment procedures in Chapter 65, Article III, Amendments to Comprehensive Plan and Land Development Regulations. Any submittal, review and approval process for code compliance permits or site plans for a MPZ project shall follow the procedures, review standards, and requirements of this article and Chapter 64, Article I, Development Review.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002; Ord. No. 2021-01, § 2, 2-16-2021)

Sec. 61.110. - Reserved.

Editor's note— Ord. No. 2021-01, § 2, adopted February 16, 2021, repealed § 61.110 which pertained to pre-application meetings and derived from Ord. No. 2002-13, § 1(Exh. A), adopted September 17, 2002.

Sec. 61.111. - Reserved.

Editor's note— Ord. No. 2021-01, § 2, adopted February 16, 2021, repealed § 61.110 which pertained to application submittal requirements and derived from Ord. No. 2002-13, § 1(Exh. A), adopted September 17, 2002.

Sec. 61.112. - Reserved.

Editor's note— Ord. No. 2021-01, § 2, adopted February 16, 2021, repealed § 61.110 which pertained to procedures if a master plan zoning district and master plan are approved and derived from Ord. No. 2002-13, § 1(Exh. A), adopted September 17, 2002.

Sec. 61.113. - Reserved.

Editor's note— Ord. No. 2021-01, § 2, adopted February 16, 2021, repealed § 61.110 which pertained to control of master plan zone and master plan after approval and derived from Ord. No. 2002-13, § 1(Exh. A), adopted September 17, 2002.

Sec. 61.120.- Purpose of the districts.

The following districts establish standards and regulations for the Vero Beach Cultural Arts Village to ensure that development is consistent with the policies in the City's Comprehensive Plan related to the Vero Beach Cultural Arts Village. The districts adopt development and design standards intended to promote the arts and ensure new construction or uses are compatible with the walkable residential character of the Edgewood Neighborhood, while permitting accessory art-related commercial uses. The following districts are designed to provide for a distribution of uses within the Vero Beach Cultural Arts Village which are compatible and complementary of one another and the Vero Beach Cultural Arts Village at-large:

(a)

CAV-1, Cultural Arts Village-1: Reserved for office and institutional uses, including art-related commercial uses along principal arterial roadways.

(b)

CAV-2, Cultural Arts Village-2: Reserved for more intense institutional uses, along with varying types of residential uses with accessory art-related commercial uses along collector roadways or areas of the neighborhood with public alleys.

(c)

CAV-3, Cultural Arts Village-3: Reserved for single-family and duplex residential uses with accessory art-related commercial uses within the neighborhood.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.121. - Principal uses.

(a)

The principal use table in this section designates how a principal use is allowed in the CAV zoning districts.

(b)

Reference to use specific standards. A particular use allowable as a permitted or conditional use in a district may be subject to additional 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.

(c)

Multiple principal uses. Although development may include a single principal use with one (1) or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, administrative offices as accessory to a school or retail sales establishment), 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.

(d)

Abbreviations used in principal use table. In the table designating the zoning districts in which principal uses are allowed, the following abbreviations apply:

(1)

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 section 64.05 or an approved site plan in accordance with section 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.

(2)

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 section 64.10. General standards for conditional uses in section 61.123, any standards set forth for the specific use, and all other applicable regulations of this Code apply to approval of the conditional use.

(3)

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

(e)

The following table designates the allowed principal uses in the CAV zoning districts.

Use Category	CAV-1	CAV-2	CAV-3	Use Specific Standards
"P" = Principal use allowed with a code compliance permit or site plan approval. "C" = Conditional use allowed with major site plan approval.
Residential uses
Artist live/work unit	P	P	P	Standards in section 61.122(b) apply
Assisted living facility	P
Community residential home	P			Standards in section 61.122(e) apply
Dwelling, artist guest house	P	P	P	Standards in section 61.122(f) apply
Dwelling, duplex	P	P	P
Dwelling, group court	P	P	P	Standards in section 61.122(g) apply
Dwelling, multi-family	P	P	P	Standards in section 61.122(h) apply
Dwelling, single-family detached	P	P	P
Dwelling, upper story	P			Standards in section 61.122(i) apply
Group home	P	P	P	Standards in section 61.122(j) apply
Institutional uses
Administrative service	P
Art and cultural center	C	C		Standards in section 61.122(a) apply
Child care facility	P	C		Standards in section 61.122(d) apply
Community garden	P	P	P	Standards in section 64.14 apply
Library		C		Standards in section 61.122(k) apply
Museum		C		Standards in section 61.122(1) apply
Nursing home	P
Park, plaza	P	C	C	Standards in section 61.122(m) apply
Performance theater		C		Standards in section 61.122(n) apply
Place of worship	P	C		Standards in section 61.122(o) apply
Utility use, minor	P	P	P
Commercial uses
Art gallery	P
Art, dance, and music studios	P
Bed and breakfast inn	P	C	C	Standards in section 61.122(c) apply
Broadcast studio	P
Financial institutions	P
Office, business service	P
Office, medical service	P
Office, professional service	P
Personal service	P
Restaurant	P
Retail, restricted	P
Specialty eating establishment	P	C		Standards in section 61.122(p) apply

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.122. - Use specific standards.

(a)

Art and cultural center. An art and cultural center in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for Non-residential development in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall not be located within five hundred (500) feet of the same type of use.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 or CAV-3 districts.

(b)

Artist live/work unit: An artist live/work unit in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for single-family or duplex residential in CAV-2 or CAV-3 zoning districts and with the following standards:

(1)

The residential portion of the building shall occupy at least sixty-five (65) percent of the gross floor area.

(2)

The non-residential portion of the building shall comply with all applicable non-residential building Code and business licensing requirements.

(3)

Employees shall be limited to occupants of the residential portion of the building.

(c)

Bed and breakfast inn. A bed and breakfast inn in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for multi-family residential in CAV-2 or CAV-3 zoning districts and the following standards:

(1)

Only temporary and short-term lodging of no more than fourteen (14) consecutive days per guest within a 30-day period shall be permitted.

(2)

The facility shall maintain a guest register with the date of arrival and departure, guest name, and current home address for each guest. Current registers and those for the immediately preceding 12-month period shall be available for inspection.

(3)

The owner or operator of the inn shall reside on the premises.

(4)

A maximum of ten guestrooms shall be permitted.

(5)

Each guestroom shall have its own private bathroom, and shall not contain any cooking facilities.

(6)

All guest parking shall be to the side or rear of the inn, and shall include at least one (1) off-street parking space per guest room plus one (1) space per three (3) employees.

(7)

There shall only be one (1) kitchen facility, and all meals served on the premises shall be for residents and overnight guests only.

(8)

All bed and breakfast facilities shall serve daily breakfast to registered guests, and the room rate shall include breakfast. Only facilities with a restaurant as an accessory use may serve meals other than daily breakfast to registered guests.

(9)

Bed and breakfasts may be used for events such as receptions or private parties provided sufficient parking is available for all attendees.

(d)

Child care facility: A child care facility in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for Non-residential development in the CAV-2 or CAV-3 zoning districts and with the following standards:

(1)

The use shall be located in the CAV-2 zoning district.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet.

(3)

(4)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(e)

Community residential home: A community residential home with seven (7) to fourteen (14) residents in the CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for multi-family residential in CAV-2 or CAV-3 zoning districts and the following standards:

(1)

The sponsoring agency shall provide the following information:

Notification to the Planning Director in writing and include in such notice:

The specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program.

A statement from the licensing state agency indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home.

The most recently published data compiled that identifies all community residential homes in the City.

A site plan, pursuant to the requirements of Section 64.10, which denotes specific address of the proposed location, all structures, parking facilities, and other accessory structures on the site;

A floor plan showing the location, size, and space utilization of each room shall be submitted;

The applicant shall submit a signed affidavit stating that all applicable regulations of the State of Florida and City of Vero Beach as currently exist have been satisfied.

(2)

Those community residential homes with seven (7) to fourteen (14) residents, whose residents are service-dependent persons requiring special protection or custodial care in order to meet their emotional and/or physical needs, must meet all licensing requirements in F.S. § 419.01, from the applicable state agency, and the following standards:

The proposed use is compatible with the surrounding neighborhood in terms of land use intensity. The maximum allowable land use intensity shall be computed as follows:

(Number of allowable dwelling units) × (two (2) residents per dwelling unit) × 1.5 = maximum number of residents allowed.

In no case shall the maximum number of residents allowed on a project site exceed the average maximum number of residents allowed (as calculated by the above formula) on adjacent sites bordering the project site. Averaging for adjacent sites shall be based upon length of the common border between the project site and the adjacent site.

To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space.

Total interior living space. A minimum of two hundred (200) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents.

Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy.

Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each three (3) residents.

To avoid an undue concentration of group care facilities within residential neighborhoods, the following distance requirements apply:

The use shall be located at least one thousand two hundred (1,200) feet from another community residential home or group home, measured from property line to property line.

The use shall be five hundred (500) feet from a single-family residential zoning district.

The structure shall meet design standards for multi-family structures for this district. Structural alterations or designs shall be of such a nature as to preserve the residential character of the building.

(3)

The Planning Director shall determine that the siting of the community residential home is in accordance with the Land Development Regulations and approve the siting or deny the application within sixty (60) days.

(f)

Dwelling, artist guest home: An artist guest home in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for single-family or duplex residential in CAV-2 or CAV-3 zoning districts and the following standards:

(1)

A dwelling unit may be used as a residence for artist guest for up to a year.

(2)

(Number of allowable dwelling units) × (two (2) residents per dwelling unit) × 1.5 = maximum number of artist guests allowed.

(3)

The dwelling unit may be used for an artist studio.

(g)

Dwelling, group court. A group court dwelling in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for multi-family residential in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 or CAV-3 zoning districts, unless the proposed building arrangement and architectural design meets the intent of the 2016 Cultural Arts Village Report.

(2)

The dwelling structures shall be grouped around a common courtyard.

(3)

Each dwelling structure on the same parcel shall be designed in the same architectural style.

(h)

Dwelling, multi-family. A multi-family dwelling in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for multi-family residential in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(2)

Any legally established multi-family dwelling constructed prior to July 21, 1970 may be reconstructed or reestablished on the same parcel with the same number of dwelling units. The reconstructed unit shall meet the applicable design standards for multi-family dwellings in section 61.131.

(i)

Dwelling, upper story (above non-residential use). A dwelling, upper-story in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for multi-family residential in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

Upper story dwelling uses are generally intended to accommodate residential living above street level non-residential uses.

(2)

Lobbies, security, and uses incidental to the upper story dwelling use may be allowed on the street level, but all principal living spaces in multi-story or multi-tenant buildings shall be above the first floor.

(j)

Group home: A group home meeting the definition of a community residential home with six (6) or fewer residents, as defined in F.S. § 419.01(2), in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for single-family or duplex residential in CAV-2 or CAV-3 zoning districts and with the following standards:

(1)

The sponsoring agency shall provide the following information:

Notification to the Planning Director in writing and include in such notice:

The specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program.

The most recently published data compiled that identifies all community residential homes in the City.

A site plan, pursuant to the requirements of Section 64.10, which denotes specific address of the proposed location, all structures, parking facilities, and other accessory structures on the site;

A floor plan showing the location, size, and space utilization of each room shall be submitted;

The applicant shall submit a signed affidavit stating that all applicable regulations of the State of Florida and City of Vero Beach as currently exist have been satisfied.

(2)

Those group homes whose residents are service-dependent persons requiring special protection or custodial care in order to meet their emotional and/or physical needs must meet all licensing requirements in F.S. § 419.01, from the applicable state agency, and the following standards:

The proposed use is compatible with the surrounding neighborhood in terms of land use intensity. The maximum allowable land use intensity shall be computed as follows:

(Number of allowable dwelling units) × (two (2) residents per dwelling unit) × 1.5 = maximum number of residents allowed.

Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each three (3) residents.

To avoid an undue concentration of group care facilities within residential neighborhoods, the use shall be located at least one thousand (1,000) feet from another group home and at least one thousand two hundred (1,200) feet from another community residential home, measured from property line to property line.

The structure shall meet design standards for single-family structures for this district. Structural alterations or designs shall be of such a nature as to preserve the residential character of the building.

(3)

The Planning Director shall determine that the siting of the group home is in accordance with the Land Development Regulations and approve the siting or deny the application within sixty (60) days.

(k)

Library: A library in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for non-residential development in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall operate as a public, non-profit facility for the loaning of literary, musical, artistic or reference materials related to the arts.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(l)

Museum: A museum in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for non-residential development in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall operate as a public, non-profit facility for exhibiting a collection of objects or materials related to the arts.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(m)

Park, plaza: A plaza park in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for non-residential development in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall provide a natural or landscaped area for the display of outdoor art, but not provide active recreational uses.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 or CAV-3 zoning districts.

(n)

Performance theater: A performance theater in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for non-residential development in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall operate as a public, non-profit facility that has as its purposes the promotion, instruction, study, and production of the theater as an art form.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(o)

Place of worship: A place of worship in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for non-residential development in CAV-2 or CAV-3 zoning districts and comply with the following standard that the use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(p)

Specialty-eating establishment: A specialty-eating establishment in a CAV zoning district shall comply with the district density, intensity and dimensional standards in section 61.126 for non-residential development in CAV-2 or CAV-3 zoning districts and comply with the following standards:

(1)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(2)

The use shall not be located within two hundred fifty (250) feet of a similar use in the CAV-2 zoning district.

(3)

The use shall be located on a parcel adjacent an alley.

(4)

Any required parking shall be accessed from the alley.

(5)

If the establishment involves the sale, preparation, or service of food or beverages outside of an enclosed building, it shall comply with the accessory use standards in section 61.124, Outdoor seating (as accessory to an eating or drinking establishment).

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.123. - Conditional use standards.

General standards. A conditional use may be permitted by the Planning and Zoning Board, provided the use is so designed, located, and proposed to be operated so that the public health, safety, and welfare are protected. Conditional uses will be considered on a case-by-case basis. Findings made in consideration of a conditional use are not justification for approval of other conditional uses. In addition to all criteria in the Code of Ordinances, the following criteria shall be considered in decision making relative to approval or denial of a conditional use:

(a)

A major site plan application pursuant to section 64.06(f) shall accompany the application for a conditional use and such site plan shall meet all review standards in section 64.10.

(b)

The use conforms to all applicable provisions of this district, including the use specific standards in section 61.122 for the requested conditional use.

(c)

If in the judgment of the Planning and Zoning Board, based on evidence presented, the proposed use will create noise, traffic, odor, or other nuisances to a degree that it will be disruptive to abutting or nearby properties, the conditional use shall not be approved.

(d)

If in the judgment of the Planning and Zoning Board, based on evidence presented, the scale of a proposed conditional use is determined to be inconsistent with the 2016 Cultural Arts Village Report or with existing or anticipated development in this district, the conditional use shall not be approved. Indicators of scale shall be building bulk and height, open space, number of vehicle trips per day, and the number of parking spaces required in relation to a permitted use for the property.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.124. - Accessory uses.

(a)

Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this section 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 standards set forth in this section to reduce potentially adverse impacts on surrounding lands.

(b)

General standards for all accessory uses.

(1)

An accessory use shall not be established or constructed before the establishment or construction of the principal use.

(2)

Accessory uses may not occupy more than forty-five (45) percent of the floor area of the structure(s) on the lot.

(3)

The owner or operator of the commercial use must live on-site.

(4)

The commercial use shall have a maximum of three (3) employees.

(5)

The commercial use may have a small freestanding sign or small wall sign pursuant to section 38.13(a).

(6)

Outdoor storage is not permitted.

(7)

No additional off-street parking is required for the accessory use.

(8)

The structure that contains the accessory use shall maintain a residential character with no commercial alterations, such as shop display windows or commercial district signage.

(9)

Non-residential accessory or incidental uses may be located within an accessory structure devoted to the accessory uses, and may have an exclusive exterior public entrance or exterior sign.

(c)

Accessory use table.

(1)

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

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 section 64.05 or an approved site plan in accordance with section 64.10. General standards for all accessory uses in section 61.124(b), any standards set forth for the specific use, and all other applicable regulations of this Code apply to approval of the accessory use.

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

(2)

The following table designates the allowed accessory uses in the CAV zoning districts.

Accessory Use Category	CAV-1	CAV-2	CAV-3	Use Specific Standards
"A" = Accessory Use allowed with Code Compliance Permit or Site Plan Approval
Alcohol beverage service	A	A	A	Standards in sec. 60.16 apply
Art gallery		A	A	Standards in sec. 61.123(b) apply
Art, dance, and music studios		A	A	Standards in sec. 61.123(b) apply
Art studio		A	A	Standards in sec. 61.123(b) apply
Broadcast studio		A	A	Standards in sec. 61.123(b) apply
Dwelling, accessory	A	A	A	Standards in sec. 61.123(b), (d) apply
Family daycare home	A	A	A	Standards in sec. 61.123(b), (e) apply
Home based business	A	A	A	Standards in sec. 64.13 apply
Outdoor seating	A	A	A	Standards in sec. 61.123(b), (f) apply
Retail, restricted		A	A	Standards in sec. 61.123(b), (g) apply

(d)

Dwelling, accessory. An accessory dwelling is allowed as an accessory use to a single-family dwelling, provided it complies with all applicable accessory structure regulations.

(e)

Family daycare home. A family daycare home is allowed as an accessory use to a single-family dwelling, provided it complies with all applicable state regulations.

(f)

Outdoor seating. Outdoor seating is allowed as an accessory to any specialty-eating establishment or bed and breakfast use, subject to the following standards:

(1)

The outdoor seating area shall be screened from an adjoining residential use by a privacy fence or masonry wall that is at least six (6) feet high.

(2)

The outdoor seating area shall be permitted in any required yard and shall not be required to comply with maximum lot coverage requirements for the district. The outdoor seating area shall incorporate textured surface treatment using brick or other materials consistent with City standards and may include umbrella tables and open-walled shade structures with roof constructed of soft flameproof materials such as canvas intended to provide customers with protection from sun and rain.

(3)

Where alcoholic beverages are served, the perimeter of the outdoor seating area shall be defined in accordance with State alcoholic beverage regulations.

(4)

No sound production or reproduction machine or device (including, but not limited to, musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume that is any louder than necessary for the convenient hearing of persons within the outdoor seating area, and that would disturb the peace, quiet, or comfort of adjoining properties.

(5)

Hours of operation of the outdoor seating area shall be the same as those for the specialty eating establishment or bed and breakfast use to which it is accessory. The outdoor seating area shall be closed between the hours of 10:00 p.m. and 7:00 a.m.

(g)

Retail, restricted. A retail, restricted use may be allowed as an accessory use to any single family residential dwelling unit, provided the retail establishment sells art-related products, such as books, culinary arts, or art supplies.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.125. - Temporary uses.

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 may be authorized in the CAV zoning districts pursuant to Chapter 64, Article III, Temporary Uses and Structures.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.126. - District density, intensity and dimensional standards.

See Chapter 60 Appendix for definitions	CAV-1	CAV-2 or CAV-3
See Chapter 60 Appendix for definitions	CAV-1	Non-Residential Development	Multi-family Residential	Single-family or duplex Residential
(a) Intensity standards
(1) Maximum density	10 du/ac	N/A	10 du/ac ¹	10 du/ac ²
(2) Maximum floor area ratio	0.50 FAR	0.40 FAR	0.40 FAR	0.40 FAR
(b) Lot dimensions
(1) Minimum lot size	14,000 sf	12,000 sf	12,000 sf	6,000 sf
(2) Minimum lot width	100 ft	100 ft	100 ft	50 ft
(3) Minimum lot depth	140 ft	125 ft	125 ft	125 ft
(c) Required yards (lot setbacks) ³
(1) Front yard, minimum	10 ft	20 ft	20 ft	20 ft
(2) Front yard, maximum	20 ft	25 ft	25 ft	25 ft
(3) Side yard, minimum	5 ft	10 ft	5 ft	5 ft
(4) Rear yard, minimum	25 ft	25 ft	25 ft	25 ft
(d) Open landscaped space
(1) Minimum open landscaped space ⁴	25%	25%	40%	40%
(e) Building standards
(1) Building height ⁵	35 ft	35 ft	35 ft	35 ft
(2) Maximum lot coverage by principal structure	40%	40%	40%	40%
(3) Minimum living area per dwelling unit ⁶	800 sf	N/A	500 sf	800 sf
Notes: [sf = square feet; ft = feet; in = inches; du/ac = dwelling units per acre; FAR = Floor/Area Ratio; N/A = Not Applicable] 1. Existing lots of record at the time of the adoption of this article or amendments thereto which contain less lot area or width than is required in this district may be used for group court dwellings purposes but only in accordance with one unit for each 2,500 square feet of lot area. 2. Existing lots of record at the time of the adoption of this article or amendments thereto which contain less lot area or width than is required in this district may be used for duplex dwellings. 3. Every part of a required yard shall be open (unobstructed) from its lowest point to the sky, except allowed modifications in section 61.132, Modifications. 4. All required open landscaped space shall be planted and maintained in lawn, sod, or natural foliage. No part of any open area shall be used for driveways or parking area. 5. In computing building height, the regulations in section 60.15, Building height measurement, apply. 6. In computing the living area, the floor area occupied by porches, patios, terraces, garages, carports, covered parking spaces, or non-roofed areas shall be excluded.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.127. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed upon a lot until the construction of a main building has been completed and no accessory building shall be used unless the main building is in use.

(2)

Walls and fences may be constructed prior to the construction of the principal use.

(b)

Accessory buildings and structures table:

(1)

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

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 section 61.127. Dimensional standards for accessory buildings and structures in section 61.127(c), any standards set forth for the specific building or structure in section 61.127(d), and all other applicable regulations of this Code apply to the accessory building or structure. No code compliance permit is required.

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 section 64.05 or an approved site plan in accordance with section 64.10. Dimensional standards for accessory buildings and structures in section 61.127(c), any standards set forth for the specific building or structure in section 61.127(d), and all other applicable regulations of this Code apply to the approval of the accessory building or structure.

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

(2)

The following table designates the allowed accessory buildings and structures in the CAV zoning districts.

Accessory Structure Type	CAV-1	CAV-2	CAV-3	Structure Specific Standards
✓ = Accessory building or structure allowed without a Code Compliance Permit. A = Accessory building or structure allowed with a Code Compliance Permit or Site Plan Approval.
Amateur ham radio antenna	A	A	A	Standards in sec. 61.127(c), (d)(1) apply
Art or sculptures	✓	✓	✓	Standards in sec. 61.127(c) apply
Bike rack	✓	✓	✓	Standards in sec. 61.127(c) apply
Clothesline	✓	✓	✓	Standards in sec. 61.127(c) apply
Garage	A	A	A	Standards in sec. 61.127(c), (d)(2) apply
Generator	A	A	A	Standards in sec. 61.127(c) apply
Greenhouse	A	A	A	Standards in sec. 61.127(c), (d)(3) apply
Guest house	A	A	A	Standards in sec. 61.127(c), (d)(4) apply
Mailbox and lamp posts	✓	✓	✓	Standards in sec. 61.127(c) apply
Patio or decks	A	A	A	Standards in sec. 61.127(c), (d)(5) apply
Paved driveways or parking lots	A	A	A	Standards in sec. 61.127(c), (d)(6) apply
Play structures	✓	✓	✓	Standards in sec. 61.127(c) apply
Pools, spas, and screen enclosures	A	A	A	Standards in sec. 61.127(c), (d)(7) apply
Rainwater cistern	A	A	A	Standards in sec. 61.127(c), (d)(8) apply
Retaining wall	A	A	A	Standards in sec. 61.127(c), (d)(9) apply
Satellite dish	A	A	A	Standards in Ch. 38, Article II, Satellite dish antennas apply
Solar energy collection system	A	A	A	Standards in sec. 61.127(c), (d)(10) apply
Storage shed	A	A	A	Standards in sec. 61.127(c) apply
Television or radio antenna	✓	✓	✓	Standards in sec. 61.127(c), (d)(11) apply
Walls, fences, or hedges	A	A	A	Standards in sec. 61.127(c), (d)(12) apply

(c)

Dimensional standards for accessory buildings and structures:

(1)

Standards for accessory structures of multi-family dwellings and non-residential uses. The following table provides the dimensional standards for accessory structures for multi-family dwelling, group court dwelling, community residential home, and other non-residential uses in the CAV zoning districts.

Standards for Accessory Structures of Multi-family Dwelling and Non-residential Uses
a. Number of detached structures per lot, maximum	3
b. Floor area, maximum (% of principal building floor area)	50% ²
c. Structure height, maximum	25 ft ^3,4
d. Floor area in rear yard, maximum	200 sf ⁵
e. Rear yard coverage, maximum (% of rear yard area)	30%
f. Setback from rear or side lot line, minimum	5 ft ⁶
g. Spacing from principal building, minimum	10 ft
NOTES: [sf = square feet; ft = feet: du/ac = dwelling units/acre] 1. No accessory structure other than one commonly located in a front yard (e.g., lightpost, mailbox, art or sculptures), shall be located closer to the front lot line than the front wall of the principal building on the lot. (Swimming pools and tennis courts shall not be deemed commonly located in a front yard.) 2. The cumulative gross square footage of accessory buildings or structures shall not be greater than 50 percent of the floor area of the principal building or greater than 1,200 square feet, whichever is less. 3. See measurement rules in section 60.15, Building height measurement. An additional ten (10) feet in height is allowed for architectural embellishments. 4. Accessory structures 100 sf and less shall be one-story and the roof eave height not exceeding ten (10) feet. 5. Accessory structures greater than 100 square feet in floor area shall not be located within a required yard. 6. The building or structure is not located on any easement.

(2)

Standards for accessory structures of single-family and duplex dwelling uses. The following table provides the dimensional standards for accessory structures for single-family and duplex dwelling uses in the CAV zoning districts.

Standards for Accessory Structures of Single-Family and Duplex Dwelling Uses
a. Number of detached structures per lot, maximum	3
b. Floor area, maximum (% of principal building floor area)	50% ²
c. Structure height, maximum	25 ft ³
d. Floor area in rear yard, maximum	400 sf ⁴
e. Rear yard coverage, maximum (% of rear yard area)	40%
f. Setback from rear or side lot line, minimum	5 ft ⁴
g. Spacing from principal building, minimum	10 ft
NOTES: [sf = square feet; ft = feet; du/ac = dwelling units/acre] 1. No accessory structure other than one commonly located in a front yard (e.g., lightpost, mailbox, art or sculptures), shall be located closer to the front lot line than the front wall of the principal building on the lot. (Swimming pools and tennis courts shall not be deemed commonly located in a front yard.) 2. The cumulative gross square footage of accessory buildings or structures shall not be greater than 50 percent of the floor area of the principal building or greater than 1,200 square feet, whichever is less. 3. See measurement rules in section 60.15, Building height measurement. An additional ten (10) feet in height is allowed for architectural embellishments. 4. The building or structure is not located on any easement.

(d)

Standards for specific accessory buildings and structures:

(1)

Amateur ham radio antenna. A ham radio antenna is allowed as an accessory structure, subject to the following standards:

The antenna shall not exceed a height of seventy (70) feet above grade unless the ham radio operator can demonstrate that a greater height is necessary to reasonably accommodate the operator's amateur communications needs.

An antenna attached to a principal structure on the lot shall be located on a side or rear elevation of the structure.

A freestanding antenna shall be located to the rear of the principal structure on the lot, but not within five (5) feet of any lot line.

(2)

Garage. Accessory structures used as garages shall be located to the rear of the principal structure, based on the following standards.

The structure shall be designed with the same architectural features of the principal structure.

If the lot has access to an alley, the garage and driveway shall access the alley.

(3)

Greenhouse. A greenhouse is allowed as an accessory structure, provided all incidental equipment and supplies related to a greenhouse use, including fertilizer and empty containers, are kept within the greenhouse or an accessory structure.

(4)

Guest house. A guesthouse is allowed as an accessory structure to a single-family dwelling, provided it complies with all applicable accessory structure standards regulations.

(5)

Patios and decks: For residential uses, patios and decks structures shall be set back a minimum of two (2) feet from the side property line.

(6)

Paved driveway or parking lot.

For residential uses, the following standards apply to driveways:

The driveway shall be paved with a surface acceptable to the City Engineer.

The driveway shall be set back a minimum of one (1) foot from the side property lines.

No more than the driveway to the rear accessory structure and one (1) additional parking space or two (2) parking spaces shall be in the front yard for single-family and duplex dwelling uses.

Parking for multi-family, court yard dwelling, or similar residential uses shall be located in the rear of the structure.

Where the property is adjacent an alley, the driveway and parking spaces shall be located in the rear yard.

For non-residential uses, the following standards apply to parking lots and driveways:

The parking lot shall be designed in conformance with the standards in Chapter 63, Off-street parking requirements.

The parking lots and drive access shall be set back a minimum of five (5) feet from the side property lines.

The no parking or parking spaces shall be located in the front yard.

Where the property is adjacent an alley, the driveway and parking spaces shall be located in the rear yard.

(7)

Pools, spas, hot tubs, and screen enclosures. A pool, spa, or hot tub is allowed as an accessory structure provided it complies with all applicable standards in the Building Code—including, but not limited to, barrier requirements and the following locational and screening requirements:

Pools, spas, hot tubs, and screen enclosures shall be located in the rear yard or the side yard of a corner lot.

Swimming pool. For residential uses, the setback of the outside structural wall of any swimming pool, spa or hot tub shall be not less than ten (10) feet from the side or rear property line.

Screened enclosures. For residential uses, the pool screen enclosure may be erected no closer than seven and one-half (7½) feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(8)

Rainwater cistern. A rainwater cistern is allowed as an accessory structure to any principal use or structure, provided it shall:

Be located directly adjacent to the principal structure on a lot;

Not be located within required front, side, or rear yards, unless the cistern is underground;

Be affixed to the principal structure or accessory structure so as to capture rainwater from the structure's gutter system; and

Not serve as signage.

(9)

Retaining wall standards. Construction, erection and maintenance of retaining walls shall be permitted only as follows:

Nothing in this section or this Code shall be construed to prohibit or prevent the erection of a retaining wall on any property where the wall does not adversely affect the natural flow of surface water or create any other adverse effect on adjacent or adjoining land or development.

If a six-foot-high screening wall is required where it would be atop a retaining wall, the screening wall may be modified or waived by the Planning Director to allow an alternative size or type of screen to be installed above the retaining wall which satisfies the screening function.

A retaining wall along a property perimeter shall be constructed of stone, brick, or other decorative surface, or shall be screened by landscaping.

(10)

Solar energy collection system. A solar energy collection system is allowed as an accessory structure on any principal structure, subject to following standards.

The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in section 61.127(c) Dimensional standards for accessory buildings and structures.

The system shall comply with the maximum height standards for the zoning district, provided that a roof-mounted system shall not extend more than fifteen (15) feet above the roofline of the structure on which it is mounted.

The area of the system shall not exceed one-half (½) the footprint of the principal structure or six hundred (600) square feet, whichever is greater.

The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the solar energy collection system, and shall record any such solar easement with the Indian River County Clerk of the Circuit Court and submit a copy to the City.

(11)

Television or radio antenna. A television or radio antenna is allowed to be attached to a principal structure provided it is located on a side or rear elevation of the structure and extends no more than fifteen (15) feet above the highest point of the structure.

(12)

Walls, fences and hedges. Construction, erection and maintenance of walls, fences, and hedges shall be permitted only as follows:

Location.

Except to the extent specifically provided otherwise, fences, walls, and hedges shall be permitted in any required yard.

Fences or walls located along interior side or rear lot lines may be placed adjacent to the property line with required landscape strip pursuant to section 72.14 located inside the fence or wall.

Fences or walls shall not be constructed on or over any dedicated public drainage or utility easements, where their foundation might impact such infrastructure or where they might prevent the operation and maintenance of public utilities, except where the City has issued a covenant of removal.

Fences or walls, including any structural component, shall not be constructed within the public right-of-way.

No fences, walls, plantings, or other structures or obstructions shall be erected or maintained at any street intersection which may obstruct the view of the motorist or otherwise cause an obstruction to traffic flow pursuant to section 71.08. Additional restrictions on the height or location of fences, walls, or hedges may be imposed by the City Engineer, where necessary for purposes of vehicular and pedestrian safety.

Height. Walls and fences in this zone shall be permitted to a maximum height of six (6) feet, except as specifically provided otherwise in this Code or as follows:

Security fences erected around high voltage substations, pumping stations, telecommunications tower sites, public service utilities, and governmental or public utility-owned property shall not exceed eight (8) feet.

Wrought iron fences shall not exceed six (6) feet in height except for columns, which may extend up to twelve (12) inches above the fence height.

Walls, fences and hedges in front yard. Where a wall or fence is erected in the front yard setback, such wall or fence shall be located three (3) feet from the public right-of-way.

Walls, fences, or hedges shall not exceed three (3) feet in height in the front yard.

Fences and walls shall be of a design consistent with the architectural theme of the site as developed. Materials may be masonry, wrought iron, aluminum, or concrete.

Chainlink fences are not permitted in the front yard.

Masonry walls are permitted in the front yard, provided that there are no negative impacts as determined by City Engineer.

Hedges shall not extend into the public right-of-way in the front yard.

Screening wall and hedge specifications. Where a site plan requires screening by wall, fence, hedge, or other opaque barrier for a property in this district, the screening wall, fence, or hedge shall comply with the following standards:

Screening walls shall be a minimum of five (5) feet high. The wall shall be solid-faced construction to the height of five (5) feet. The portion of the wall over five (5) feet may be solid-faced, open-faced, or ornamental construction with at least fifty (50) percent opacity. The exterior surface of the wall shall be painted or stuccoed to industry standards to protect the wall from moisture absorption and to enhance appearance.

Screening fences shall be solid face construction of pressure treated pine, cedar, concrete, or cypress materials. Plywood, particle board, or similar materials are prohibited. The color of the fence shall be natural wood or an earth tone stain or paint.

Screening hedges shall be at least three (3) feet high at the time of planting, and shall be of a species capable of attaining a six-foot-high dense screen at maturity.

Barbed wire. The use of any form of barbed wire in or on fences is prohibited within the City, except as provided as follows in this district:

Security fences erected around high voltage substations, pumping stations, telecommunications tower sites, public service utilities, and governmental or public utility-owned property.

Any barbed wire used within this district may exceed the height of the fence or wall by an additional foot and shall be placed so that it does not project outward over any public right-of-way or adjacent property.

Any barbed wire used within this district shall be screened from view of the public right-of-way with a screening hedge.

Construction. All fences and walls shall be constructed with quality materials and workmanship. Fences and walls shall be built plumb and sturdy enough to withstand typical wind loads and stresses.

Maintenance. Walls and fences shall be maintained in good repair and in a plumb and upright position free of any graffiti, defects, damage, and discoloration. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

(Ord. No. 2021-04, § 3, 4-20-2021; Ord. No. 2023-07, § 4, 4-18-2023)

Sec. 61.128. - Subdivision of property.

No property, parcel, lot, or combination of lots shall be subdivided, split, or redeveloped into multiple parcels or lots unless each resulting parcel or lot meets the minimum lot dimensions of property located in the CAV zoning district and does not result in non-conforming structures on the resulting lot(s).

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.129. - Development standards.

The following development standards apply to any development proposed in the CAV zoning districts:

(a)

Off-street parking and loading requirements. All uses, except accessory uses, shall provide off-street parking spaces pursuant to the requirements of Chapter 63, Off-street parking and loading requirements.

(b)

Sign standards. All new signs in this district shall meet applicable sign regulations in Chapter 38 of this title.

(c)

Residential screening and buffering. All new conditional uses in this district shall meet the following screening and buffering requirements when adjacent to single-family residential uses to prevent visual contact between the conditional use and the single-family residential use and create a strong impression of total separation:

(1)

Provide either a screening landscape buffer or screening wall located along the outer perimeter of the parcel adjacent to the single-family residential use meeting the following standards:

Screening landscape buffer design standards:

Required landscape width from the property line: Ten (10) feet

Required landscape design shall meet the requirements of Chapter 72, Landscaping, and include the following material for every one hundred (100) linear feet to function as a semi-opaque screen from the ground to at least a height of six (6) feet:

Six (6) small-scale canopy trees.

ii.

Twenty (20) shrubs: a minimum of three (3) feet in height at the time of planting and be species capable of reaching a height of five (5) feet within four (4) years.

iii.

Ground cover shall be provided for the remainder of the landscape buffer.

Screening wall design standards:

Minimum five-foot high wall.

Four (4) small-scale canopy trees.

ii.

Fifteen (15) shrubs: a minimum of two (2) feet in height at the time of planting and be species capable of reaching a height of four (4) feet within four (4) years.

iii.

Ground cover shall be provided for the remainder of the landscape buffer.

(2)

No structures, including buildings or parking areas may encroach into the landscape buffer area.

(3)

Loading areas, outside storage, and outside display areas shall not encroach into the landscape buffer area.

(4)

Low-impact improvements may be permitted by the Planning Director in the landscape buffer area. Examples of such low-impact improvements may include, but are not limited to: concrete sidewalks, fountains, handicap accessibility ramps, drainage pond integral to the landscape design, and decorative lampposts.

(5)

Sight triangles. No walls or other landscaping features may exceed a height of three (3) feet above grade within required sight triangles for streets, alleys, or driveways.

(6)

Credit for existing vegetation. Existing vegetation located in the perimeter buffer area that meets the size standards of this section and Chapter 72, Landscaping, may be preserved and credited toward the perimeter buffer standards provided it is retained during and after the development process.

(7)

Credit for required landscaping. Required landscaping associated with perimeter landscaping around a vehicular use area may be credited towards the perimeter buffer requirements of this section.

(d)

Mechanical and utility equipment screening. Mechanical and utility equipment in non-residential development shall be located or screened so as not to be visible from public right-of-way.

(e)

Service, loading and storage areas.

(1)

Refuse Collection. Facilities for collection and removal of solid wastes shall be provided. Refuse and waste removal and recycling areas of non-residential development shall be screened from adjacent properties and public right-of-way by a minimum of a five-foot-high fence, wall, hedge, or other opaque barrier. Such screening shall be approved by the Planning Director and, if applicable, compliant with the enclosure requirements of section 66-11 of this Code.

(2)

Storage areas. All services and businesses shall be conducted completely within enclosed buildings.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.130. - Environmental standards.

The following environmental standards apply to any development proposed in the CAV zoning districts:

(a)

Landscaping. The landscaping requirements of Chapter 72, Article II, Landscaping, shall be met.

(b)

Tree preservation. The tree preservation standards in Chapter 72, Article III, Tree and Palm Protection shall be met.

(c)

Drainage and stormwater management. In addition to the requirements of Chapter 73, Article II, Stormwater Management, that all new development and substantial improvements (fifty (50) percent of building value) to existing developments shall meet the stormwater management standards, the following standard applies to developments in this district:

(1)

Dry or wet stormwater retention ponds are prohibited in any landscaped yard or screening landscape buffer.

(2)

A wet stormwater retention pond may be approved in the landscape yard by the Planning Director, if the wet retention pond is integrated into the landscape design as an integral feature.

(d)

Floodplain management. All new development and substantial improvements (fifty (50) percent of building value) to existing developments shall meet the floodplain management standards in Chapter 73, Article I, Flood Damage Prevention.

(Ord. No. 2021-04, § 3, 4-20-2021; Ord. No. 2023-06, § 6, 4-18-2023)

Sec. 61.131. - Building design standards.

(a)

Purpose. Recognizing the importance of the Vero Beach Cultural Arts Village, the intent of this section is to establish building design standards that foster high-quality and attractive development in the CAV zoning districts consistent with the master plan presented in the 2016 Cultural Arts Village Report. The intent of the design guidelines is not to impose strict and expensive architectural standards on proposed developments. Rather, the guidelines are meant to enhance the character of the Cultural Arts Village and compatibility of new construction with the existing neighborhood character by focusing on the design of the buildings through the general organization of building features and materials. The standards are intended to:

(1)

Construct infill development or redevelopment such that it enhances existing character of the Cultural Arts Village;

(2)

Protect property values; and

(3)

Balance the neighborhood's economic and aesthetic concerns.

(b)

Applicability. These design standards shall apply to all development, including principal and accessory structures, requiring a site plan or existing structures substantially improved by fifty (50) percent of the existing building value in the CAV zoning districts.

(c)

Building design. Buildings should have a primary architectural theme and that theme should be used around the entire building.

(1)

Building appearance. Infill development shall be constructed to be generally compatible in appearance with other existing structures on the block. This provision shall be satisfied by constructing the proposed building(s) so that at least three (3) of the following features are substantially similar to the majority of other buildings on the same and facing block:

Roof material;

Roof overhang;

Exterior building material;

Shape, size, and alignment of windows and doors;

Front porches or porticos;

Exterior building color; or

Location and style of garage.

(2)

Building façade. All building elevations shall be architecturally finished with similar levels of materials and detailing (e.g., tiles, moldings, cornices, wainscoting, etc.). Blank walls void of architectural details or other variation are prohibited. Buildings should incorporate other techniques to divide further large building façades, including the following:

Exterior finish materials shall be durable and consistent with the architectural styles presented in the 2016 Cultural Arts Village Report.

The primary material on the front façade of the house shall be continued on all sides of the house, and on at least fifty (50) percent of each side.

Windows are required on all elevations. On public facing façades (streets or parks), windows and doors shall cover a minimum of twenty (20) percent of the elevation.

Window and door openings shall be articulated on all elevations of the building through the use of:

(i)

Shutters;

(ii)

Enhanced flat or arched lintels and sills (projecting or recessed, or constructed of materials other than the primary building material);

(iii)

Overhangs; or

(iv)

Surrounds and trims.

(3)

Orientation of main entrance.

The main entrance or a courtyard leading to the main entrance of each primary structure shall be located on the front façade.

On corner lots, the main entrance shall face one (1) of the streets or be oriented to the corner.

(4)

Entry feature. Entry features shall meet the following design standards:

A dwelling shall include a covered front porch, stoop, or front courtyard at the main entrance. An entry feature designed in accordance with the style of the dwelling unit is also acceptable.

The minimum area of a porch, stoop landing, or courtyard shall be twenty (20) square feet.

The height of the main entry feature shall be scaled appropriately for the individual dwelling.

(5)

Roof design. Roof design shall be varied to break up the mass and perceived bulk based on the following standards:

A minimum roof pitch of 4:12 shall apply to gable, hip, or shed roofs. This does not apply to portions of a roof that are separate from the structure's primary roof.

Flat roofs shall be screened by a parapet wall, capped by a three-dimensional cornice treatment.

Architectural styles that incorporate eaves shall have the eaves extend from the building wall at least twelve (12) inches as measured horizontally on all façades.

(6)

Prohibited façade materials. The metal materials are prohibited as exterior façade cladding.

(d)

Contextual front building setbacks. Notwithstanding the minimum front setback requirements required in section 61.126, Dimensional standards, for the CAV district, the applicant may use a contextual front setback when existing front setbacks on the same block are greater or less than that required by the district. In such circumstance, the front setback for the proposed development shall be set back no further from the street than the furthest front façade of the principal building on either of the two (2) abutting, and shall be located no closer to the street than the closest front façade of the principal structure on either of the two (2) abutting lots.

(e)

Appeals. Administrative decisions by the Planning Director regarding the application of the building design standards in this Section may be appealed to the Architectural Review Commission (ARC) pursuant to the procedures in section 64.04.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.132. - Modifications.

The following yard and height modifications and yard encroachment standards apply to any development proposed in the CAV zoning districts:

(a)

Yard modifications.

(1)

Front yard.

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than thirty (30) feet; provided further, that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(2)

Rear yard.

Lots abutting an alley. When a lot abuts upon an alley, one-half (½) of the alley may be considered as part of the required rear yard.

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two (2) tiers of lots in any block.

(3)

Side yard.

Parking lots shall set back a minimum of five (5) feet from the side property line, unless the buffering requirements apply.

Whenever a residential lot exists which contains less width than required in this district, no side yard shall be reduced to less than ten (10) feet; provided, however, that the buildable width shall not be reduced to less than thirty (30) feet.

(b)

Yard encroachments. Every part of a required yard shall be open (unobstructed) from its lowest point to the sky, except for the following:

(1)

Ordinary projection of sills, belt courses, cornices, buttresses, awnings, eaves, and similar building features shall project into any yard more than twenty-four (24) inches.

(2)

Open or closed fire escapes, outside stairways, balconies, chimneys, and flues shall not project into a required yard or court more than three and one-half (3½) feet.

(3)

Encroachment of porch or terrace. For residential structures, an open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(c)

Building height modifications. Radio and television transmitting and receiving antennas may exceed the building height limits of this zone provided they otherwise comply with the ordinances of the City of Vero Beach and are not in conflict with the height regulations established by flight regulations of the municipal airport of Vero Beach and the Federal Aviation Administration.

(d)

Use of lots less than required size. Lots not meeting the minimum lot size for this district shall not be developed for any permitted or conditional use in the district, except for single-family residential uses.

(Ord. No. 2021-04, § 3, 4-20-2021)

Vero Beach City Zoning Code

CHAPTER 61

- RESIDENTIAL ZONING DISTRICTS

ARTICLE II.- RESERVED[4]

Footnotes:

--- (4) ---

ARTICLE VI.- MPZ MASTER PLAN ZONE[5]

Footnotes:

--- (5) ---

ARTICLE VII.- CAV CULTURAL ARTS VILLAGE DISTRICTS[6]

Footnotes:

--- (6) ---

Sec. 61.01.- Purpose of districts.

(a)

(b)

(c)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 1, 3-5-1991)

Sec. 61.02. - Permitted uses.

	R-1AAA	R-1AA	R-1A	R-1
Single-family residential structures .....	X*	X	X	X
Community gardens** .....		X	X	X
Accessory structures and facilities .....	X*	X	X	X

*Section 61.05(f), "Specific Provisions Regulating Conditional Uses," applies to all development in this district.

**Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 2013-25, § 4, 12-3-2013)

Sec. 61.03. - Conditional uses.

	R-1AAA	R-1AA	R-1A	R-1
Educational institutions .....		X	X	X
Golf courses and country clubs .....	X	X	X	X
Places of worship .....		X	X	X
Public parks and recreation areas .....	X	X	X	X
Public and private utilities .....	X	X	X	X
Cultural activities .....			X	X
Day care services .....				X

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 97-12, § 2, 5-6-1997; Ord. No. 99-03, § 2, 3-2-1999)

Sec. 61.04. - Provisions regulating all conditional uses.

(1)

(2)

(3)

Sites shall be located on arterial or collector roadways as identified in the comprehensive plan or abutting an existing commercial district or a professional, office and institutional district.

(4)

(5)

All on-site utility lines, including telephone, cablevision and electric, shall be under ground.

(6)

A site plan application shall accompany all applications for conditional use.

(7)

(8)

Dumpsters and/or solid waste containers shall be a minimum of twenty-five (25) feet from abutting single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 2017-02, § 2, 3-7-2017; Ord. No. 2023-07, § 2, 4-18-2023)

Sec. 61.05. - Specific provisions regulating conditional uses.

(a)

Educational institutions:

(1)

The minimum site size shall be five (5) acres.

(2)

No main or accessory building or outside activity area shall be located within twenty-five (25) feet of any use or rear lot line.

(3)

(b)

Places of worship:

(1)

The minimum site for places of worship shall be five (5) acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within twenty-five (25) feet of any side or rear lot line.

(3)

(c)

Cultural activities: Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(d)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of fifteen thousand (15,000) square feet.

(2)

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(4)

No main or accessory building or outside activity area shall be located within twenty-five (25) feet of any side or rear lot line.

(e)

Additional requirements for R-1AAA property. Development of any R-1AAA property shall be subject to the following additional requirements:

(1)

Site plan approval shall be required.

(2)

(3)

(4)

A minimum of eighty (80) percent of the site shall be held in open space.

(5)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 3, 12-1-1987; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 97-12, § 3, 5-6-1997; Ord. No. 99-03, § 3, 3-2-1999)

Sec. 61.06. - Development guidelines.

	R-1AAA	R-1AA	R-1A	R-1
Building height limit	35′	35′	35′	35′
Minimum lot size (sq. ft.)	87,120	15,000	10,000	6,000(a)
Minimum lot width	(c)	100′	75′	50′(b)
Minimum front yard	(c)(d)	25′(d)	25′(d)	25′(d)
Minimum side yard	(c)(d)	15′(d)	15′(d)	10′(d)
Minimum rear yard	(c)(d)	25′(d)	25′(d)	25′(d)
Minimum floor area (sq. ft.)	1,600	1,600	1,200	800
(ground floor) 1-story	1,600	1,600	1,200	800
(ground floor) 2-story	850	850	850	800
Minimum open space	50%	25%	25%	25%
Maximum floor/area ratio	(e)	(e)	(e)	(e)

Notes:

(a)

7,500 [square feet] for new subdivision.

(b)

75 feet for new subdivision.

(c)

To be determined in site plan or subdivision plat review to accomplish the greatest degree of environmental protection possible.

(d)

Excluding single family and duplex buildings, setbacks apply to buildings up to 22 feet in height. The following increases in setbacks apply to buildings over 22 feet in height:

Floor area equaling 20 percent or less of the ground floor area may be constructed at a height in excess of 22 feet with no increase in the required setback.

(e)

The maximum floor/area ratio will vary between 0.38 and 0.30.*

*See Table 1 below.

TABLE 1

Floor/Area Ratio Maximums for Single Family Residential Zoning Districts

Lot Size	FAR	Lot Size	FAR	Lot Size	FAR
10,000	0.380	13,750	0.350	17,500	0.320
10,125	0.379	13,875	0.349	17,625	0.319
10,250	0.378	14,000	0.348	17,750	0.318
10,375	0.377	14,125	0.347	17,875	0.317
10,500	0.376	14,250	0.346	18,000	0.316
10,625	0.375	14,375	0.345	18,125	0.315
10,750	0.374	14,500	0.344	18,250	0.314
10,875	0.373	14,625	0.343	18,375	0.313
11,000	0.372	14,750	0.342	18,500	0.312
11,125,	0.371	14,875	0.341	18,625	0.311
11,250	0.370	15,000	0.340	18,750	0.310
11,375	0.369	15,125	0.339	18,875	0.309
11,500	0.368	15,250	0.338	19,000	0.3008
11,625	0.367	15,375	0.337	19,125	0.307
11,750	0.366	15,500	0.336	19,250	0.306
11,875	0.365	15,625	0.335	19,375	0.305
12,000	0.364	15,750	0.334	19,500	0.304
12,125	.0363	15,875	0.333	19,625	0.303
12,250	0.362	16,000	0.332	19,750	0.302
12,375	0.361	16,125	0.331	19,875	0.301
12,500	0.360	16,250	0.330	20,000	0.300
12,625	0.359	16,375	0.329
12,750	0.358	16,500	0.328
12,875	0.357	16,625	0.327
13,000	0.356	16,750	0.326
13,125	0.355	16,875	0.325
13,250	0.354	17,000	0.324
13,375	0.353	17,125	0.323
13,500	0.352	17,250	0.322
13,625	0.351	17,375	0.321

•

FAR = Floor/Area Ratio

•

Lot sizes are measured in square feet.

•

Lots of less than 10,000 square feet shall have a maximum FAR of 0.380.

•

Lots of greater than 20,000 square feet shall have a maximum FAR of 0.30.

•

In determining the appropriate FAR, the number closest to the square footage of the site shall be utilized.

Sec. 61.06.1. - Transfer development rights (TDR's).

(a)

(b)

Applicability. TDR's shall be applicable to those lands within the City of Vero Beach zoned R-1AAA. This shall include the transfer area and receiving area.

(c)

Criteria for implementation. The party proposing use of the TDR concept shall establish, to the satisfaction of the city, that the proposal furthers the intent and purpose as stated in paragraph (a).

(d)

The minimum lot area size specified in the R-1AAA district regulations shall not be reduced by more than 50 percent in the area receiving the transferred development rights.

(e)

Density credit transfers. Areas from which density credits are transferred shall be dedicated to the public for conservation and/or park use.

(f)

Open space maintenance. The development site shall maintain 50 percent open space.

(g)

Application of development guidelines. All development guidelines outlined in the R-1AAA district regulations, with exception of open space and minimum lot size, shall apply to all development.

(Ord. No. 89-81, § 1, 12-19-1989)

Sec. 61.07. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-03, § 1, 1-3-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 2011-10, § 1, 8-16-2011)

Sec. 61.08. - General modifications.

(a)

(b)

(c)

(d)

(e)

Setback for swimming pools. The setback of the outside structural wall of any swimming pool shall not be less than ten (10) feet from all property lines.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 92-42, § 2, 12-2-1992; Ord. No. 93-21, § 2, 9-21-1993)

Sec. 61.09. - Building height modifications.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.10. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(d)

Paved driveway or patio setbacks. Paved driveways or patios shall set back a minimum of two feet from the side property line.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.11. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required yard.

(b)

Corner lots. For the purpose of applying modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(c)

Paved driveway or patio setbacks. Paved driveways or patios shall set back a minimum of two feet from the rear property line.

(d)

(1)

(2)

(3)

Private alleys or common access driveways may not be located within existing utility or drainage easements.

(4)

Private alleys or common access driveways shall not be eligible for municipal services, including, but not limited to, maintenance, garbage collection, and water meters.

(5)

Access and maintenance responsibilities shall be denoted in the deeds for all properties serviced by the private alleys or common access driveways.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2021-09, § 2, 8-17-2021)

Sec. 61.12. - Side yard modifications.

(a)

(b)

Paved driveways or patios shall set back a minimum of two feet from the side property line.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.13. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

(2)

(b)

Encroachment of side or rear yards.

(1)

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The distance to the side or rear lot line is measured from the eave of the accessory building or structure;

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

(d)

Use and size restrictions.

(1)

Accessory buildings shall not be used as dwelling units.

(2)

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2003-39, § 2, 11-18-2003; Ord. No. 2006-20, § 2, 11-7-2006)

Sec. 61.14. - Walls and fences.

Construction, erection and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chain-link-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

(2)

(3)

Reserved.

(d)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.35.- Purpose of district.

(a)

(b)

(c)

It is the express purpose of this section to exclude from these districts all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 2003-22, § 1, 6-3-2003)

Sec. 61.36. - Permitted uses.

	RM-8	RM-10
Single-family residential structures .....	X	X
Duplexes .....	X	X
Multiple-family residential structures .....	X	X
Community gardens* .....	X	X
Adult congregate living facilities .....	X	X
Nursing homes .....	X	X
Accessory structures and facilities .....	X	X

*Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 94-17, § 2, 11-1-1994; Ord. No. 2013-25, § 5, 12-3-2013)

Sec. 61.37. - Conditional uses.

	RM-8	RM-10
Cultural activities .....	X	X
Day care services .....	X	X
Educational institutions .....	X	X
Golf courses and country clubs .....	X	X
Places of worship .....	X	X
Public recreation and park areas .....	X	X
Public and private utilities .....	X	X

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 2003-22, § 2, 6-3-2003)

Sec. 61.38. - Provisions regulating all conditional uses.

(1)

(2)

(3)

The use conforms to all applicable provisions of the district in which it is located.

(4)

(5)

(6)

All on-site utility lines, including telephone, cablevision and electric, shall be underground.

(7)

A site plan application shall accompany all applications for conditional use.

(8)

For sites abutting or separated by a right-of-way from a single-family zoning district or a single-family use in any residential zoning district, the following requirements shall apply:

Stormwater retention areas shall not be located on any side of the building which faces the single-family residential property.

Mechanical equipment shall not be located on any side of the building which faces the single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 3, 3-5-1991)

Sec. 61.39. - Specific provisions regulating conditional uses.

(a)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of 15,000 square feet.

(2)

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(4)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(b)

Places of worship:

(1)

The minimum site for places of worship shall be five acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(c)

Educational institutions:

(1)

The minimum site size shall be five acres.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pickup or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. The loading area shall include a stacking lane which will accommodate one vehicle for each ten clients.

(d)

(e)

Cultural activities. Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 3, 12-1-1987; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 92-13, § 2, 5-19-1992; Ord. No. 2003-22, § 3, 6-3-2003)

Sec. 61.40. - Development guidelines.

	RM-8	RM-10
Minimum density .....	8 units/acre	10 units/acre
Building height limit .....	35′	35′
Minimum front yard* .....	25′	25′
Minimum rear yard* .....	25′	25′
Minimum side yard* .....	20′	20′
Minimum lot width, 1 or 2 units .....	80′	80′
Minimum lot width, multifamily .....	100′	100′
Minimum open space* .....	50%	50%
Maximum floor/area ratio .....	0.30	0.40

*See section 61.44, general modifications.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 2003-21, § 2, 6-3-2003)

Sec. 61.41. - Minimum lot size and floor area.

Nature of Dwelling	Sq. Ft. Area of Living Quarters Per Family Unit		Sq. Ft. of Land Area Required Per Family Unit
Nature of Dwelling	RM-8	RM-10	RM-8	RM-10
One-family	1,200	1,200	10,000	10,000
2 families	860	860	5,000	5,000
3 families and more	860	860	5,445	4,300

In computing the floor space as provided above, the areas occupied by porches, patios, terraces, attached garages, carports, covered parking spaces, or nonroofed areas shall be excluded.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.42. - Refuse collection.

Facilities for collection and removal of solid wastes shall be provided.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.43. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 94-17, § 3, 11-1-1994; Ord. No. 2011-10, § 2, 8-16-2011)

Sec. 61.44. - General modifications.

(a)

(b)

Projecting fire escapes, stairways, balconies, chimneys, flues, or accessory equipment. Open or closed fire escapes, outside stairways, balconies, chimneys and flues may project up to three and one-half feet into a required yard or court. Air conditioning equipment, sprinkler system controls, water treatment systems, pumps, oil and liquid propane fuel tanks used as an energy supply for fixtures inside the house, and similar accessory equipment typically associated with a residence may project up to three and one-half feet into the required yard or court of a primary structure on property developed for residential use. This includes pad-mounted equipment. Such accessory equipment that encroaches into required front yards must be fully screened from adjacent properties and right-of-way by landscaping and/or fencing.

(c)

(d)

(e)

(f)

(g)

(h)

Swimming pool setbacks. The setback of the outside structural wall of any swimming pool shall be not less than ten (10) feet from all property lines.

(i)

Landscaping space requirements for nonresidential developments. Parcels developed for nonresidential uses shall have a minimum of 25 percent of the total land area as open landscaped space.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 3, 3-5-1991; Ord. No. 93-21, § 3, 9-21-1993; Ord.. No. 2007-13, § 4, 8-2-2007)

Sec. 61.45. - Building height modifications.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.46. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further, that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.47. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required rear yard.

(b)

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(c)

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.48. - Side yard modifications.

(a)

(b)

Side yards for single-family or duplex residences. A minimum side yard shall be provided on each side of every lot of not less than ten (10) feet for single-family or duplex residences.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-13, § 1, 4-16-1991)

Sec. 61.49. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed and used prior to the construction and use of the principal building. No accessory building shall remain on a lot or shall be used without a principal building existing on such lot, unless approved in writing by the planning and development director after demonstrated good cause.

(2)

(b)

Encroachment of side or rear yards:

(1)

A one-story accessory building or structure located ten (10) feet or more from a main building, measured from the eave of the main building to the eave of the accessory building or structure, shall have a minimum setback of five feet from any interior side or rear lot line, provided:

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The distance to the side or rear lot line is measured from the eave of the accessory building or structure.

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

(d)

Use and size restrictions:

(1)

Accessory buildings shall not be used as dwelling units.

(2)

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2006-20, § 3, 11-7-2006)

Sec. 61.50. - Walls and fences.

Construction, erection, and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chainlink-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

(2)

(3)

Reserved.

(d)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.51.- Purpose of district.

(a)

(b)

(c)

(d)

The purpose of this section is to exclude from this district all buildings and/or other structures and uses having commercial characteristics, whether operated for profit or otherwise.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 2003-22, § 4, 6-3-2003)

Sec. 61.52. - Permitted uses.

In this district a building or premises may be used only for the following purposes:

Single-family residential structures.

Duplexes.

Multiple-family residential structures.

Adult congregate living facilities.

Nursing homes.

Community gardens.*

Accessory structures and facilities.

*Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 94-17, § 4, 11-1-1994; Ord. No. 2013-25, § 6, 12-3-2013)

Sec. 61.53. - Conditional uses.

Day care services.

Cultural activities.

Educational institutions.

Golf courses and country clubs.

Places of worship.

Public recreation and park areas.

Public and private utilities.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 2003-22, § 5, 6-3-2003)

Sec. 61.54. - Provisions regulating all conditional uses.

(1)

(2)

(3)

The use conforms to all applicable provisions of the district in which it is located.

(4)

Sites shall be located on an arterial or collector roadway as identified in the comprehensive plan or abutting an existing commercial district or professional, office, and institutional district thereby serving as a local transitional use between residential and commercially developed properties. Accessory parking lots shall not be subject to this requirement. Where not located on an arterial or collector roadway as identified in the comprehensive plan, the site shall not abut a single-family residential district.

(5)

(6)

All on-site utility lines, including telephone, cablevision and electric, shall be under ground.

(7)

A site plan application shall accompany all applications for conditional use.

(8)

For sites abutting or separated by a right-of-way from a single-family zoning district or a single-family use in any residential zoning district, the following requirements shall apply:

A 20-foot-wide landscape buffer shall be provided which includes one tree for every 40 linear feet along the common property line and screen of plant material a minimum of six feet in height which substantially obscures view of the site from the abutting site. Landscape material shall meet or exceed the specifications outlined in the Landscape and Tree Protection Ordinance. The owner of the abutting property shall have the option to select a solid, six-foot-high concrete block wall in place of the six-foot-high landscape screen. The cost of such wall shall be paid by the owner seeking the conditional use. Stucco and paint shall be applied to both sides of the wall.

Stormwater retention areas shall not be located on any side of the building which faces the single-family residential property.

Mechanical equipment shall not be located on any side of the building which faces the single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 4, 3-5-1991)

Sec. 61.55. - Specific provisions regulating conditional uses.

(a)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of 15,000 square feet.

(2)

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(b)

Educational institutions:

(1)

The minimum site size shall be five acres.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(c)

(d)

Places of worship:

(1)

The minimum site for places of worship shall be five acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(e)

Cultural activities. Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-78, § 1, 12-1-1987; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 92-13, § 2, 5-19-1992; Ord. No. 2003-22, § 6, 6-3-2003)

Sec. 61.56. - Density.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-31, § 1, 4-21-1987)

Sec. 61.57. - Building height.

No building or structure shall exceed 35 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-23, § 1, 4-7-1987; Ord. No. 2007-13, § 5, 8-2-2007)

Sec. 61.58. - Minimum lot size and floor area.

(a)

Nature of Dwelling	Sq. Ft. Area of Living Quarters Per Family Unit	Sq. Ft. of Land Area Required Per Family Unit
One Family	800	10,500
Two Families	600	5,000
Three families and more*	600	3,630
Three families and more†	600	4,300

*12 units/acre
†Ten units/acre

(b)

In computing the floor space as provided above, the areas occupied by porches, patios, terraces, attached garages, carports, covered parking spaces, or nonroofed areas shall be excluded.

(c)

The minimum width of any lot used for one- or two-family dwelling units shall be 80 feet, but the minimum width of any lot used for a multiple-family dwelling shall be 100 feet in new subdivisions.

(d)

(e)

Any lot within a plat of record as of December 2, 1980, shall not be redivided into two or more lots unless the provisions of chapter 27, Subdivisions, shall be satisfied.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-30, § 1, 4-21-1987)

Sec. 61.59. - Lot coverage.

No principal structure shall occupy more than 35 percent of the lot.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.60. - Front yard.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.61. - Rear yard.

Every lot shall have a rear yard of not less than 25 feet in depth.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.62. - Side yard.

(a)

One-story building: ten (10) feet;

Two-story building to 25 feet in height: 15 feet;

provided, that when the structure exceeds 25 feet in height, the side yard shall be increased by one foot for each additional two feet in height or portion thereof.

(b)

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.63. - Open area.

(a)

(b)

All landscaped areas shall be planted and maintained in lawn, sod, or natural foliage. No part of any open area shall be used for driveways or parking area.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 4, 3-5-1991)

Sec. 61.63.1. - Floor/area ratio.

The maximum floor/area ratio shall be 0.40.

(Ord. No. 2003-21, § 3, 6-3-2003)

Sec. 61.64. - Refuse collection.

Facilities for collection and removal of solid wastes shall be provided.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.65. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-03, § 1, 1-3-1989; Ord. No. 91-06, § 4, 3-5-1991; Ord. No. 94-17, § 5, 11-1-1994; Ord. No. 2011-10, § 3, 8-16-2011)

Sec. 61.66. - General modifications.

(a)

(b)

Projecting fire escapes, stairways, balconies, chimneys, flues, or accessory equipment. Open or closed fire escapes, outside stairways, balconies, chimneys and flues may project up to three and one-half feet into a required yard or court. Air conditioning equipment, sprinkler system controls, water treatment systems, pumps, oil and liquid propane fuel tanks used as an energy supply for fixtures inside the house, and similar accessory equipment typically associated with a residence may project up to three and one-half feet into the required yard or court of a primary structure on property developed for residential use. This includes pad-mounted equipment. Such accessory equipment that encroaches into required front yards must be fully screened from adjacent properties and right-of-way by landscaping and/or fencing.

(c)

(d)

Swimming pool setback. The setback of the outside structural wall of any swimming pool shall not be less than ten (10) feet from all property lines.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 93-21, § 4, 9-21-1993)

Sec. 61.67. - Building height modifications.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.68. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further, that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.69. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required rear yard.

(b)

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.70. - Side yard modifications.

(a)

(b)

Building with mixed use. Whenever a portion of a building is used for nonresidential purposes, the provision governing residential side setbacks shall be applicable.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.71. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed and used prior to the construction and use of the principal building. No accessory building shall remain on a lot or shall be used without a principal building existing on such lot, unless approved in writing by the planning and development director after demonstrated good cause.

(2)

(b)

Encroachment of side or rear yards:

(1)

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The distance to the side or rear lot line is measured from the eave of the accessory building or structure;

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

(d)

Use and size restrictions:

(1)

Accessory buildings shall not be used as dwelling units.

(2)

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2006-20, § 4, 11-7-2006)

Sec. 61.72. - Walls and fences.

Construction, erection, and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chainlink-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

(2)

(3)

Reserved.

(d)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.73.- Purpose of district.

(a)

(b)

(c)

It is the express purpose of this section to exclude from this district all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 2003-22, § 7, 6-3-2003)

Sec. 61.74. - Permitted uses.

In this district a building or premises may be used only for the following purposes:

Single-family residential structures.

Duplexes.

Multiple-family residential structures.

Adult congregate living facilities.

Nursing homes.

Community gardens.*

Accessory structures and facilities.

*Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 94-17, § 6, 11-1-1994; Ord. No. 2013-25, § 7, 12-3-2013)

Sec. 61.75. - Conditional uses.

Cultural activities.

Day care services.

Congregate multiple-family housing for the elderly with kitchen facilities.

Educational institutions.

Golf courses and country clubs.

Places of worship.

Public and private utilities.

Public recreation and park areas.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 2003-22, § 8, 6-3-2003)

Sec. 61.76. - Provisions regulating all conditional uses.

(1)

(2)

(3)

The use conforms to all applicable provisions of the district in which it is located.

(4)

Sites shall be located on an arterial or collector roadway as identified in the comprehensive plan or abutting an existing commercial district or professional, office, and institutional district thereby serving as a logical transitional use between residential and commercially developed properties. Where not located on an arterial or collector roadway as identified in the comprehensive plan, the site shall not abut a single-family residential district.

(5)

(6)

All on-site utility lines, including telephone cablevision and electric, shall be underground.

(7)

A site plan application shall accompany all applications for conditional use.

(8)

For sites abutting or separated by a right-of-way from a single-family zoning district or a single-family use in any residential zoning conditional, the following requirements shall apply:

A 20-foot-wide landscape buffer shall be provided which includes one tree for every 40 linear feet along the common property line and screen of plant material a minimum of six feet in height which substantially obscures view of the site from the abutting site. Landscape material shall meet or exceed the specifications outlined in the Landscape and Tree Protection Ordinance. The owner of the abutting property shall have the option to select a solid, six-foot-high concrete-block wall in place of the six-foot-high landscape screen. The cost of such wall shall be paid by the owner seeking the conditional use. Stucco and paint shall be applied to both sides of the wall.

Stormwater retention areas shall not be located on any side of the building which faces the single-family residential property.

Mechanical equipment shall not be located on any side of the building which faces the single-family residential property.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-56, § 1, 8-15-1989; Ord. No. 91-06, § 5, 3-5-1991)

Sec. 61.77. - Specific provisions regulating conditional uses.

(a)

Day care services:

(1)

No such facility shall be permitted unless the site contains a minimum of 15,000 square feet.

(2)

(3)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(4)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(b)

Educational institutions:

(1)

The minimum site size shall be five acres.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(c)

Places of worship:

(1)

The minimum site for places of worship shall be five acres; provided, however, that this restriction shall not apply to existing places of worship.

(2)

No main or accessory building or outside activity area shall be located within 25 feet of any side or rear lot line.

(3)

(d)

(e)

Cultural activities. Cultural activities may be permitted, provided the proposed site has an existing conditional use for either an educational institution or a place of worship.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 92-13, § 2, 5-19-1992; Ord. No. 2003-22, § 9, 6-3-2003)

Sec. 61.78. - Density.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-29, § 1, 4-21-1987; Ord. No. 91-06, § 5, 3-5-1991)

Sec. 61.79. - Building height.

No building or structure shall exceed 35 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 4-7-1987; Ord. No. 2007-13, § 6, 8-2-2007)

Sec. 61.80. - Minimum lot size and floor area.

(a)

Nature of Dwelling	Sq. Ft. of Living Quarters Per Family Unit	Sq. Ft. of Land Area Required Per Family Unit
One-family	900	7,500
2 families	800	3,750
3 families and more	750	3,350

(b)

(c)

The minimum width of any lot used for two or more family dwelling units shall be 100 feet, but the minimum width of any lot used for a single-family dwelling shall be 50 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-28, § 1, 4-21-1987)

Sec. 61.81. - Lot coverage.

No principal structure shall occupy more than 40 percent of the lot.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.82. - Front yard.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.83. - Rear yard.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.84. - Side yard.

(a)

(b)

When the maximum distance between parallel lines drawn through the two points of the main building or structure nearest to the opposite side yard property lines exceeds 100 feet, the additional side yard shall be increased above that established by the above as follows: one foot for every ten (10) feet in length in excess of 100 feet.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2007-13, § 7, 8-2-2007)

Sec. 61.85. - Open area.

(a)

(b)

All landscaped areas shall be planted and maintained in lawn, sod, or natural foliage. No part of any open area shall be used for driveways or parking area.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-06, § 5, 3-5-1991)

Sec. 61.85.1. - Floor/area ratio.

The maximum floor/area ratio shall be 0.40.

(Ord. No. 2003-21, § 4, 6-3-2003)

Sec. 61.86. - Refuse collection.

Facilities for collection and removal of solid wastes shall be provided.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.87. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-03, § 1, 1-3-1989; Ord. No. 91-06, § 5, 3-5-1991; Ord. No. 94-17, § 7, 11-1-1994; Ord. No. 2011-10, § 4, 8-16-2011)

Sec. 61.88. - General modifications.

(a)

(b)

Projecting fire escapes, stairways, balconies, chimneys, flues, or accessory equipment. Open or closed fire escapes, outside stairways, balconies, chimneys and flues may project up to three and one-half feet into a required yard or court. Air conditioning equipment, sprinkler system controls, water treatment systems, pumps, oil and liquid propane fuel tanks used as an energy supply for fixtures inside the house, and similar accessory equipment typically associated with a residence may project up to three and one-half feet into the required yard or court of a primary structure on property developed for residential use. This includes pad-mounted equipment. Such accessory equipment that encroaches into required front yards must be fully screened from adjacent properties and right-of-way by landscaping and/or fencing.

(c)

(d)

Swimming pool setback. The setback of the outside structural wall of any swimming pool shall not be less than ten (10) feet from all property lines.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 93-21, § 4, 9-21-1993)

Sec. 61.89. - Building height modifications.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.90. - Front yard modifications.

(a)

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

(b)

Corner lots. There shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further, that no accessory building on a corner lot shall project beyond the front yard setback line on any street.

(c)

Encroachment of porch or terrace. An open, unenclosed, and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.91. - Rear yard modifications.

(a)

Lots abutting an alley. When a lot abuts upon an alley, one-half of the alley may be considered as part of the required rear yard.

(b)

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two tiers of lots in any block.

(c)

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.92. - Side yard modifications.

(a)

(b)

Building with mixed use. Whenever a portion of a building is used for nonresidential purposes, the provision governing residential side setbacks shall be applicable.

(Ord. No. 86-43, § 1, 12-2-1986)

Sec. 61.93. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed and used prior to the construction and use of the principal building. No accessory building shall remain on a lot or shall be used without a principal building existing on such lot, unless approved in writing by the planning and development director after demonstrated good cause.

(2)

(b)

Encroachment of side or rear yards:

(1)

A one-story accessory building or structure located ten (10) feet or more from a main building, measured from the eave of the main building to the eave of the accessory building or structure, shall have a minimum setback of five feet from any interior side or rear lot line, provided:

The accessory building or structure is not located between the main building and a yard abutting a street; otherwise, the yard requirements for the main building apply;

The distance to the side or rear lot line is measured from the eave of the accessory building or structure;

Windows constructed above the roof eave of the building shall not face exterior lot lines; and

The building or structure is not located on any easement.

(2)

Screened enclosures may be erected no closer than seven and one-half feet from the side or rear property line, except that no enclosure shall be allowed on any easement.

(c)

Exceeding the height limitation of section (b)(1). An accessory building or structure that exceeds the height limitation of section (b)(1) is permitted, provided:

(1)

The building or structure complies with the yard regulations for the main building.

(2)

(d)

Use and size restrictions:

(1)

Accessory buildings shall not be used as dwelling units.

(2)

(3)

An accessory building to a single family use shall not be rented or leased and shall only be used by members of the household occupying the principal dwelling or their guests.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 2006-20, § 5, 11-7-2006)

Sec. 61.94. - Walls and fences.

Construction, erection, and maintenance of walls and fences shall be permitted only as follows:

(a)

The walls and fences on side or rear property lines in this zone shall be permitted to a maximum height of six feet.

(b)

(c)

Where a wall or fence is erected along or parallel to any street, such wall or fence shall not be permitted to exceed three feet in height, with the following exceptions:

(1)

A wall or fence may be erected up to five feet in height, except chainlink-type fences which may be erected up to four feet in height, subject to the following conditions:

A two-foot-wide planting strip shall be provided between the right-of-way (property line) and the wall or fence.

One shrub or vine shall be planted for each five feet, or fraction thereof, of the landscape strip.

Ground cover shall be provided for the remainder of the landscape strip.

Plant maintenance and specifications shall be as provided in the Vero Beach Landscape Ordinance.

A fence or wall shall not exceed whichever height is greater: five feet above the crown of the road at any point when measured from the straight line perpendicular to the road and the fence or wall five feet above the natural grade level of the land on both sides of the fence or wall.

(2)

(3)

Reserved.

(d)

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-32, § 1, 5-5-1987; Ord. No. 89-77, §§ 1, 2, 11-21-1989)

Sec. 61.95.- Purpose of district.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.96. - Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this section, have the meanings indicated herein:

Approved master plan. The master plan as approved by the city council.

Development tracts. Areas of development within an approved MPZ.

Master plan. A general development plan for land within a master plan zone.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.97. - Density.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.98. - Permitted uses.

(a)

Dwelling units in detached, attached, duplex town home patio-styled configuration or any combination thereof.

(b)

Golf course clubhouse including dining facilities.

(c)

(1)

The non-residential use shall be located a minimum of 1,000 feet from all perimeter roads and adjacent properties;

(2)

Direct access to a perimeter road by a non-residential use or signage visible from a perimeter road or adjacent property by a non-residential use is prohibited;

(3)

Exclusive of a golf course clubhouse and dining room the cumulative total of non-residential uses shall equal to a maximum of 20 square feet per dwelling unit;

(4)

When located at sites other than the golf course clubhouse, the maximum size of any one non-residential use shall be 4,000 square feet per site;

(5)

When located at sites other than the golf course clubhouse non-residential uses shall be located a minimum of 1,000 feet from one another and 1,000 feet from the golf course clubhouse;

(6)

At sites other than the golf course clubhouse, a minimum of 50 percent open space shall be required;

(7)

Signage shall be limited to one freestanding sign a maximum of 16 square feet and one façade sign of 16 square feet;

(8)

Freestanding signs shall be a maximum of eight feet high;

(d)

Accessory uses.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.99. - Minimum site size.

The minimum site size for a Master Plan Zone shall be 200 contiguous acres.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.100. - Minimum floor area.

Single-family detached dwelling units shall have a minimum floor area of 1,000 square feet. All other types of dwelling units shall have a minimum floor area of 850 square feet.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.101. - Maximum height.

The maximum height of any building in the MPZ shall be 35 feet as defined in the Code of Ordinances.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.102. - Parking regulations.

Off-street parking spaces shall be provided in accordance with chapter 63 of this title.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002; Ord. No. 2011-10, § 5, 8-16-2011)

Sec. 61.103. - Open space.

A minimum of 50 percent of the MPZ shall be open space.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.104. - Building coverage.

A maximum of 30 percent of the MPZ area shall be covered by structures under roof.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.105. - Recreation requirements.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.106. - Perimeter setbacks

Perimeter setbacks and buffers in Master Plan Zones shall be as follows:

(1)

(2)

(3)

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.107. - Unified control.

(a)

(b)

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.108. - Waivers to development guidelines.

(a)

Waivers to the development guidelines in the zoning and subdivision sections of the Code of Ordinances may be granted by the city council as follows:

(1)

Minimum lot sizes.

(2)

Minimum lot width.

(3)

Minimum front side and rear setbacks for principal and accessory structures.

(4)

Minimum right-of-way widths.

(5)

Minimum open space on individual lots, however, the minimum open space standard for the entire MPZ area shall not be reduced.

(6)

Other Code requirements proposed by the applicant provided there is adequate justification and the waiver creates a positive impact on the community as determined by the city council.

(b)

Other criteria found in the zoning and subdivision ordinances shall apply unless specifically exempted by the city council.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002)

Sec. 61.109. - Master plan zone and master plan review process.

(Ord. No. 2002-13, § 1, Exh. A, 9-17-2002; Ord. No. 2021-01, § 2, 2-16-2021)

Sec. 61.110. - Reserved.

Sec. 61.111. - Reserved.

Sec. 61.112. - Reserved.

Sec. 61.113. - Reserved.

Sec. 61.120.- Purpose of the districts.

(a)

CAV-1, Cultural Arts Village-1: Reserved for office and institutional uses, including art-related commercial uses along principal arterial roadways.

(b)

(c)

CAV-3, Cultural Arts Village-3: Reserved for single-family and duplex residential uses with accessory art-related commercial uses within the neighborhood.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.121. - Principal uses.

(a)

The principal use table in this section designates how a principal use is allowed in the CAV zoning districts.

(b)

(c)

(d)

Abbreviations used in principal use table. In the table designating the zoning districts in which principal uses are allowed, the following abbreviations apply:

(1)

(2)

(3)

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

(e)

The following table designates the allowed principal uses in the CAV zoning districts.

Use Category	CAV-1	CAV-2	CAV-3	Use Specific Standards
"P" = Principal use allowed with a code compliance permit or site plan approval. "C" = Conditional use allowed with major site plan approval.
Residential uses
Artist live/work unit	P	P	P	Standards in section 61.122(b) apply
Assisted living facility	P
Community residential home	P			Standards in section 61.122(e) apply
Dwelling, artist guest house	P	P	P	Standards in section 61.122(f) apply
Dwelling, duplex	P	P	P
Dwelling, group court	P	P	P	Standards in section 61.122(g) apply
Dwelling, multi-family	P	P	P	Standards in section 61.122(h) apply
Dwelling, single-family detached	P	P	P
Dwelling, upper story	P			Standards in section 61.122(i) apply
Group home	P	P	P	Standards in section 61.122(j) apply
Institutional uses
Administrative service	P
Art and cultural center	C	C		Standards in section 61.122(a) apply
Child care facility	P	C		Standards in section 61.122(d) apply
Community garden	P	P	P	Standards in section 64.14 apply
Library		C		Standards in section 61.122(k) apply
Museum		C		Standards in section 61.122(1) apply
Nursing home	P
Park, plaza	P	C	C	Standards in section 61.122(m) apply
Performance theater		C		Standards in section 61.122(n) apply
Place of worship	P	C		Standards in section 61.122(o) apply
Utility use, minor	P	P	P
Commercial uses
Art gallery	P
Art, dance, and music studios	P
Bed and breakfast inn	P	C	C	Standards in section 61.122(c) apply
Broadcast studio	P
Financial institutions	P
Office, business service	P
Office, medical service	P
Office, professional service	P
Personal service	P
Restaurant	P
Retail, restricted	P
Specialty eating establishment	P	C		Standards in section 61.122(p) apply

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.122. - Use specific standards.

(a)

(1)

The use shall not be located within five hundred (500) feet of the same type of use.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 or CAV-3 districts.

(b)

(1)

The residential portion of the building shall occupy at least sixty-five (65) percent of the gross floor area.

(2)

The non-residential portion of the building shall comply with all applicable non-residential building Code and business licensing requirements.

(3)

Employees shall be limited to occupants of the residential portion of the building.

(c)

(1)

Only temporary and short-term lodging of no more than fourteen (14) consecutive days per guest within a 30-day period shall be permitted.

(2)

(3)

The owner or operator of the inn shall reside on the premises.

(4)

A maximum of ten guestrooms shall be permitted.

(5)

Each guestroom shall have its own private bathroom, and shall not contain any cooking facilities.

(6)

All guest parking shall be to the side or rear of the inn, and shall include at least one (1) off-street parking space per guest room plus one (1) space per three (3) employees.

(7)

There shall only be one (1) kitchen facility, and all meals served on the premises shall be for residents and overnight guests only.

(8)

(9)

Bed and breakfasts may be used for events such as receptions or private parties provided sufficient parking is available for all attendees.

(d)

(1)

The use shall be located in the CAV-2 zoning district.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet.

(3)

(4)

The hours of operation of any such facility is limited to the period from 6:00 a.m. to 9:00 p.m.

(e)

(1)

The sponsoring agency shall provide the following information:

Notification to the Planning Director in writing and include in such notice:

The specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program.

The most recently published data compiled that identifies all community residential homes in the City.

A site plan, pursuant to the requirements of Section 64.10, which denotes specific address of the proposed location, all structures, parking facilities, and other accessory structures on the site;

A floor plan showing the location, size, and space utilization of each room shall be submitted;

The applicant shall submit a signed affidavit stating that all applicable regulations of the State of Florida and City of Vero Beach as currently exist have been satisfied.

(2)

The proposed use is compatible with the surrounding neighborhood in terms of land use intensity. The maximum allowable land use intensity shall be computed as follows:

(Number of allowable dwelling units) × (two (2) residents per dwelling unit) × 1.5 = maximum number of residents allowed.

Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each three (3) residents.

To avoid an undue concentration of group care facilities within residential neighborhoods, the following distance requirements apply:

The use shall be located at least one thousand two hundred (1,200) feet from another community residential home or group home, measured from property line to property line.

The use shall be five hundred (500) feet from a single-family residential zoning district.

(3)

(f)

(1)

A dwelling unit may be used as a residence for artist guest for up to a year.

(2)

(Number of allowable dwelling units) × (two (2) residents per dwelling unit) × 1.5 = maximum number of artist guests allowed.

(3)

The dwelling unit may be used for an artist studio.

(g)

(1)

(2)

The dwelling structures shall be grouped around a common courtyard.

(3)

Each dwelling structure on the same parcel shall be designed in the same architectural style.

(h)

(1)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(2)

(i)

(1)

Upper story dwelling uses are generally intended to accommodate residential living above street level non-residential uses.

(2)

(j)

(1)

The sponsoring agency shall provide the following information:

Notification to the Planning Director in writing and include in such notice:

The specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program.

The most recently published data compiled that identifies all community residential homes in the City.

A site plan, pursuant to the requirements of Section 64.10, which denotes specific address of the proposed location, all structures, parking facilities, and other accessory structures on the site;

A floor plan showing the location, size, and space utilization of each room shall be submitted;

The applicant shall submit a signed affidavit stating that all applicable regulations of the State of Florida and City of Vero Beach as currently exist have been satisfied.

(2)

The proposed use is compatible with the surrounding neighborhood in terms of land use intensity. The maximum allowable land use intensity shall be computed as follows:

(Number of allowable dwelling units) × (two (2) residents per dwelling unit) × 1.5 = maximum number of residents allowed.

Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each three (3) residents.

(3)

The Planning Director shall determine that the siting of the group home is in accordance with the Land Development Regulations and approve the siting or deny the application within sixty (60) days.

(k)

(1)

The use shall operate as a public, non-profit facility for the loaning of literary, musical, artistic or reference materials related to the arts.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(l)

(1)

The use shall operate as a public, non-profit facility for exhibiting a collection of objects or materials related to the arts.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(m)

(1)

The use shall provide a natural or landscaped area for the display of outdoor art, but not provide active recreational uses.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 or CAV-3 zoning districts.

(n)

(1)

The use shall operate as a public, non-profit facility that has as its purposes the promotion, instruction, study, and production of the theater as an art form.

(2)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(o)

(p)

(1)

The use shall not be located on a parcel larger than fifteen thousand (15,000) square feet in the CAV-2 zoning district.

(2)

The use shall not be located within two hundred fifty (250) feet of a similar use in the CAV-2 zoning district.

(3)

The use shall be located on a parcel adjacent an alley.

(4)

Any required parking shall be accessed from the alley.

(5)

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.123. - Conditional use standards.

(a)

A major site plan application pursuant to section 64.06(f) shall accompany the application for a conditional use and such site plan shall meet all review standards in section 64.10.

(b)

The use conforms to all applicable provisions of this district, including the use specific standards in section 61.122 for the requested conditional use.

(c)

(d)

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.124. - Accessory uses.

(a)

(b)

General standards for all accessory uses.

(1)

An accessory use shall not be established or constructed before the establishment or construction of the principal use.

(2)

Accessory uses may not occupy more than forty-five (45) percent of the floor area of the structure(s) on the lot.

(3)

The owner or operator of the commercial use must live on-site.

(4)

The commercial use shall have a maximum of three (3) employees.

(5)

The commercial use may have a small freestanding sign or small wall sign pursuant to section 38.13(a).

(6)

Outdoor storage is not permitted.

(7)

No additional off-street parking is required for the accessory use.

(8)

The structure that contains the accessory use shall maintain a residential character with no commercial alterations, such as shop display windows or commercial district signage.

(9)

Non-residential accessory or incidental uses may be located within an accessory structure devoted to the accessory uses, and may have an exclusive exterior public entrance or exterior sign.

(c)

Accessory use table.

(1)

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

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

(2)

The following table designates the allowed accessory uses in the CAV zoning districts.

Accessory Use Category	CAV-1	CAV-2	CAV-3	Use Specific Standards
"A" = Accessory Use allowed with Code Compliance Permit or Site Plan Approval
Alcohol beverage service	A	A	A	Standards in sec. 60.16 apply
Art gallery		A	A	Standards in sec. 61.123(b) apply
Art, dance, and music studios		A	A	Standards in sec. 61.123(b) apply
Art studio		A	A	Standards in sec. 61.123(b) apply
Broadcast studio		A	A	Standards in sec. 61.123(b) apply
Dwelling, accessory	A	A	A	Standards in sec. 61.123(b), (d) apply
Family daycare home	A	A	A	Standards in sec. 61.123(b), (e) apply
Home based business	A	A	A	Standards in sec. 64.13 apply
Outdoor seating	A	A	A	Standards in sec. 61.123(b), (f) apply
Retail, restricted		A	A	Standards in sec. 61.123(b), (g) apply

(d)

Dwelling, accessory. An accessory dwelling is allowed as an accessory use to a single-family dwelling, provided it complies with all applicable accessory structure regulations.

(e)

Family daycare home. A family daycare home is allowed as an accessory use to a single-family dwelling, provided it complies with all applicable state regulations.

(f)

Outdoor seating. Outdoor seating is allowed as an accessory to any specialty-eating establishment or bed and breakfast use, subject to the following standards:

(1)

The outdoor seating area shall be screened from an adjoining residential use by a privacy fence or masonry wall that is at least six (6) feet high.

(2)

(3)

Where alcoholic beverages are served, the perimeter of the outdoor seating area shall be defined in accordance with State alcoholic beverage regulations.

(4)

(5)

(g)

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.125. - Temporary uses.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.126. - District density, intensity and dimensional standards.

See Chapter 60 Appendix for definitions	CAV-1	CAV-2 or CAV-3
See Chapter 60 Appendix for definitions	CAV-1	Non-Residential Development	Multi-family Residential	Single-family or duplex Residential
(a) Intensity standards
(1) Maximum density	10 du/ac	N/A	10 du/ac ¹	10 du/ac ²
(2) Maximum floor area ratio	0.50 FAR	0.40 FAR	0.40 FAR	0.40 FAR
(b) Lot dimensions
(1) Minimum lot size	14,000 sf	12,000 sf	12,000 sf	6,000 sf
(2) Minimum lot width	100 ft	100 ft	100 ft	50 ft
(3) Minimum lot depth	140 ft	125 ft	125 ft	125 ft
(c) Required yards (lot setbacks) ³
(1) Front yard, minimum	10 ft	20 ft	20 ft	20 ft
(2) Front yard, maximum	20 ft	25 ft	25 ft	25 ft
(3) Side yard, minimum	5 ft	10 ft	5 ft	5 ft
(4) Rear yard, minimum	25 ft	25 ft	25 ft	25 ft
(d) Open landscaped space
(1) Minimum open landscaped space ⁴	25%	25%	40%	40%
(e) Building standards
(1) Building height ⁵	35 ft	35 ft	35 ft	35 ft
(2) Maximum lot coverage by principal structure	40%	40%	40%	40%
(3) Minimum living area per dwelling unit ⁶	800 sf	N/A	500 sf	800 sf
Notes: [sf = square feet; ft = feet; in = inches; du/ac = dwelling units per acre; FAR = Floor/Area Ratio; N/A = Not Applicable] 1. Existing lots of record at the time of the adoption of this article or amendments thereto which contain less lot area or width than is required in this district may be used for group court dwellings purposes but only in accordance with one unit for each 2,500 square feet of lot area. 2. Existing lots of record at the time of the adoption of this article or amendments thereto which contain less lot area or width than is required in this district may be used for duplex dwellings. 3. Every part of a required yard shall be open (unobstructed) from its lowest point to the sky, except allowed modifications in section 61.132, Modifications. 4. All required open landscaped space shall be planted and maintained in lawn, sod, or natural foliage. No part of any open area shall be used for driveways or parking area. 5. In computing building height, the regulations in section 60.15, Building height measurement, apply. 6. In computing the living area, the floor area occupied by porches, patios, terraces, garages, carports, covered parking spaces, or non-roofed areas shall be excluded.

(Ord. No. 2021-04, § 3, 4-20-2021)

Sec. 61.127. - Accessory buildings and structures.

(a)

Timing of construction and use:

(1)

No accessory building shall be constructed upon a lot until the construction of a main building has been completed and no accessory building shall be used unless the main building is in use.

(2)

Walls and fences may be constructed prior to the construction of the principal use.

(b)

Accessory buildings and structures table:

(1)

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

(2)

The following table designates the allowed accessory buildings and structures in the CAV zoning districts.

Accessory Structure Type	CAV-1	CAV-2	CAV-3	Structure Specific Standards
✓ = Accessory building or structure allowed without a Code Compliance Permit. A = Accessory building or structure allowed with a Code Compliance Permit or Site Plan Approval.
Amateur ham radio antenna	A	A	A	Standards in sec. 61.127(c), (d)(1) apply
Art or sculptures	✓	✓	✓	Standards in sec. 61.127(c) apply
Bike rack	✓	✓	✓	Standards in sec. 61.127(c) apply
Clothesline	✓	✓	✓	Standards in sec. 61.127(c) apply
Garage	A	A	A	Standards in sec. 61.127(c), (d)(2) apply
Generator	A	A	A	Standards in sec. 61.127(c) apply
Greenhouse	A	A	A	Standards in sec. 61.127(c), (d)(3) apply
Guest house	A	A	A	Standards in sec. 61.127(c), (d)(4) apply
Mailbox and lamp posts	✓	✓	✓	Standards in sec. 61.127(c) apply
Patio or decks	A	A	A	Standards in sec. 61.127(c), (d)(5) apply
Paved driveways or parking lots	A	A	A	Standards in sec. 61.127(c), (d)(6) apply
Play structures	✓	✓	✓	Standards in sec. 61.127(c) apply
Pools, spas, and screen enclosures	A	A	A	Standards in sec. 61.127(c), (d)(7) apply
Rainwater cistern	A	A	A	Standards in sec. 61.127(c), (d)(8) apply
Retaining wall	A	A	A	Standards in sec. 61.127(c), (d)(9) apply
Satellite dish	A	A	A	Standards in Ch. 38, Article II, Satellite dish antennas apply
Solar energy collection system	A	A	A	Standards in sec. 61.127(c), (d)(10) apply
Storage shed	A	A	A	Standards in sec. 61.127(c) apply
Television or radio antenna	✓	✓	✓	Standards in sec. 61.127(c), (d)(11) apply
Walls, fences, or hedges	A	A	A	Standards in sec. 61.127(c), (d)(12) apply

(c)

Dimensional standards for accessory buildings and structures:

(1)

Standards for Accessory Structures of Multi-family Dwelling and Non-residential Uses
a. Number of detached structures per lot, maximum	3
b. Floor area, maximum (% of principal building floor area)	50% ²
c. Structure height, maximum	25 ft ^3,4
d. Floor area in rear yard, maximum	200 sf ⁵
e. Rear yard coverage, maximum (% of rear yard area)	30%
f. Setback from rear or side lot line, minimum	5 ft ⁶
g. Spacing from principal building, minimum	10 ft
NOTES: [sf = square feet; ft = feet: du/ac = dwelling units/acre] 1. No accessory structure other than one commonly located in a front yard (e.g., lightpost, mailbox, art or sculptures), shall be located closer to the front lot line than the front wall of the principal building on the lot. (Swimming pools and tennis courts shall not be deemed commonly located in a front yard.) 2. The cumulative gross square footage of accessory buildings or structures shall not be greater than 50 percent of the floor area of the principal building or greater than 1,200 square feet, whichever is less. 3. See measurement rules in section 60.15, Building height measurement. An additional ten (10) feet in height is allowed for architectural embellishments. 4. Accessory structures 100 sf and less shall be one-story and the roof eave height not exceeding ten (10) feet. 5. Accessory structures greater than 100 square feet in floor area shall not be located within a required yard. 6. The building or structure is not located on any easement.

(2)

Standards for Accessory Structures of Single-Family and Duplex Dwelling Uses
a. Number of detached structures per lot, maximum	3
b. Floor area, maximum (% of principal building floor area)	50% ²
c. Structure height, maximum	25 ft ³
d. Floor area in rear yard, maximum	400 sf ⁴
e. Rear yard coverage, maximum (% of rear yard area)	40%
f. Setback from rear or side lot line, minimum	5 ft ⁴
g. Spacing from principal building, minimum	10 ft
NOTES: [sf = square feet; ft = feet; du/ac = dwelling units/acre] 1. No accessory structure other than one commonly located in a front yard (e.g., lightpost, mailbox, art or sculptures), shall be located closer to the front lot line than the front wall of the principal building on the lot. (Swimming pools and tennis courts shall not be deemed commonly located in a front yard.) 2. The cumulative gross square footage of accessory buildings or structures shall not be greater than 50 percent of the floor area of the principal building or greater than 1,200 square feet, whichever is less. 3. See measurement rules in section 60.15, Building height measurement. An additional ten (10) feet in height is allowed for architectural embellishments. 4. The building or structure is not located on any easement.