(a)

Adult entertainment businesses: An adult entertainment business in the M, Industrial zoning district shall comply with the district density, intensity and dimensional standards for nonresidential development and with the following standards:

(1)

Definitions. The following words and phrases shall have the following definitions when used in Sec. 67.06(a):

a.

Adult entertainment business. One or a combination of more than one of the following types of businesses: adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult cabaret establishment, adult personal service business, adult novelty business, adult studio, adult sexual encounter establishments.

b.

Adult entertainment: The act of engaging in specified sexual activities [see definition in Sec. 67.06(a)(1)1.], for the purpose of entertaining a third party, and in exchange for monetary consideration.

c.

Adult bookstore. An establishment having as a principal activity the sale of books, magazines, newspapers, video tapes, video discs and motion picture films which are characterized by their emphasis on portrayals of specified sexual activities.

d.

Adult cabaret establishment. A commercial establishment or private club that permits or allows dancers, live performers, or any employee to perform specified sexual activities for the purpose of adult entertainment.

e.

Adult motion picture theater. An enclosed building with a capacity of 50 or more persons having as a principal activity displaying motion pictures characterized by their emphasis on portrayals of specified sexual activities.

f.

Adult mini-motion picture theater. An enclosed building including, but not limited to, a motel or motel room having as a principal activity the presenting of material characterized by emphasis of portrayals of specified sexual activities.

g.

Adult sexual encounter establishment. A commercial establishment, including a private club, other than a hotel, motel, or other similar establishment offering accommodations, for which, in any form of consideration, provides as a principal activity, a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities. This definition does not include medical services, where a medical practitioner is licensed by the State.

h.

Adult novelty business. A business having as a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.

i.

Adult personal service business. A business having as a principal activity, an owner, employee, or person similarly associated with the business, engaged in specified sexual activities, while providing personal services for another person on an individual basis in a closed room. It includes, but is not limited to, the following activities and services: massage parlors, erotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the State of Florida.

j.

Adult studio. A commercial establishment whose principal activity is the photographing, video recording, or filming, with or without live audiences of models that engage in specified sexual activities for the purpose of adult entertainment while being observed, photographed, or filmed for purpose of print, over-the-air, cable, satellite, or internet delivery of the finished product.

k.

Principal activity. A use accounting for more than 20 percent of a business stock in trade, display space, floor space, or movie display time per month.

l.

Specified sexual activities:

i.

The public display to another individual or individuals of human genitals in a state of sexual stimulation, arousal, or tumescence;

ii.

Acts of human cunnilingus, fellatio, masturbation, pedophilia, sexual intercourse, sodomy, or any excretory function, or representation thereof;

iii.

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

iv.

Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

v.

Exposing the following anatomical areas in a manner that are less than completely and opaquely covered and associated with adult entertainment:

a.

Human genitals or the pubic region.

b.

Buttocks.

c.

Female breasts below the top of the areola.

d.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(2)

An adult entertainment business shall be located in the M, Industrial zoning district in accordance with the following restrictions:

a.

Adult entertainment businesses shall not be located within 1,000 feet of any residential zone, place of worship, educational institution, park or recreation facility.

b.

Buildings shall comply with all current safety standards of the Florida Building Code, as adopted by Chapter 22, Article III of the City Code, including, but not limited to, adequate fireproofing of walls, floors, and ceilings, adequate fire escapes and exits, and adequate fireproofing of all book storage areas.

c.

The interior of the adult bookstore should be adequately lighted and constructed so that every portion accessible by customers is readily visible to the clerk or other supervisory personnel from the counter or other regular station.

d.

Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours.

e.

Any advertising displayed on the exterior of the building and visible to the public, from any right-of-way, such as streets, pedestrian sidewalks, or walkways, or from other areas, public or semipublic, shall be considered signs. All signs shall comply with the sign standards for industrial districts and all other applicable standards in Chapter 38, Article I, Signs. Any sign installed or posted on the site shall require a sign permit. Any sign displaying any statement, word, character or illustration of an obscene nature, consistent with the mandate of Miller v. California, 413 U.S. 15 (1973), shall be prohibited.

f.

No person shall reside in or permit any person to reside in the premises of an adult entertainment business.

g.

No person shall operate an adult personal service business unless there is conspicuously posted in each room where such business is carried on a notice indicating the prices for all services performed.

h.

No person shall operate an adult personal service business without obtaining a business tax receipt.

i.

No person operating an adult entertainment business shall permit any person under the age of 18 to be on the premises of said business either as an employee or customer.

j.

No person shall become the lessee or sublessee of any property for the purpose of using said property for an adult entertainment business without the express written permission of the owner of the property for such use.

k.

No lessee or sublessee of any property shall convert that property from any other use to an adult entertainment business without the express written permission of the owner of the property.

(b)

Clubs, health & fitness: A health & fitness club, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

In the POI zoning district, the use shall be integrated into a development of at least 50,000 square feet of floor area, excluding any floor area occupied by a place of worship and shall comply with the following standards:

a.

The facility or use shall not occupy more than 7,500 square feet of floor area

b.

The facility shall be located within a structure with at least 20,000 square feet of floor area.

c.

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

d.

No more than one health & fitness club shall be permitted on site.

e.

The hours of operation for any health & fitness club shall be no earlier than 5:00 a.m. and no later than 9:00 p.m., unless approved by the Planning and Zoning Board upon a finding that such extended hours of operation will not adversely impact residential neighborhoods in proximity to the club.

(c)

Financial institutions. A financial institution, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

If the financial institution includes an automated teller machine (ATM) in the exterior wall of the principal building or in a separate structure providing walk-up service, the use also shall comply with the accessory use standards in Section 67.13(b), Automated Teller Machine (ATM).

(2)

Where drive-through service is permitted as accessory use, the drive-through service shall comply with the applicable accessory use standards in Sec. 67.13(c).

(d)

Microbreweries. A microbrewery, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

At least three thousand five hundred (3,500) square feet of floor area shall be maintained for public use as a restaurant/bar, including tasting area, except that for microbreweries of less than seven thousand (7,000) square feet of total floor area, a minimum of fifty (50) percent of the total floor shall be maintained for such public use.

(2)

No more than seventy-five (75) percent of the floor area shall be used for the brewery function, including, but not limited to, the brew house, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks.

(3)

No outdoor storage shall be allowed including portable storage units, cargo containers, and tractor trailers.

(e)

Motor vehicle activities. A motor vehicle activity, including general repair and service establishment, heavy repair and servicing, sales and service, car wash, gasoline station, and self-service car wash, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development, and with the following standards:

(1)

All motor vehicle activity uses shall comply with the following standards:

a.

All hydraulic hoists, pits, lubricating, washing, repairs, and services not of an emergency nature or short-term diagnostic or minor repair work shall be conducted entirely within a building.

b.

All merchandise and material for sale shall be displayed within an enclosed building.

c.

Outside storage of inoperative or unregistered motor vehicles shall not be permitted on the premises.

d.

Outside storage of motor vehicles which are being serviced may be stored in appropriate outside storage area for a period not to exceed eight weeks, provided that such storage areas are screened from view at the public right-of-way or adjacent property by at a minimum of a 5-foot high wall, fence, or other opaque barrier approved by the Planning Director. Motor vehicles towed from the scene of an accident may be held or stored in appropriate parking areas for a period not to exceed three working days. Outside storage areas shall comply with any applicable accessory use standards in Sec. 67.13(b) & (c)(15).

e.

Flammable materials shall be stored in storage area located within the building setback lines, in a manner satisfactory to the Indian River County Fire District and the Building Official, and screened from view from the public street or adjacent property by at a minimum of a 5-foot high wall, fence, or other opaque barrier approved by the Planning Director.

f.

If a specific motor vehicle activity, such as car wash or sales and servicing use is combined with another motor vehicle activity or other use, the combined use shall comply with the standards applicable to each component use.

(2)

Motor vehicle sales and service establishments that include outdoor areas for the display of motor vehicles for sale or rent shall meet the perimeter landscaping requirements for off-street parking areas pursuant to Sec. 72.12 of this Code.

(3)

When a motor vehicle servicing, gasoline station becomes vacant for a period exceeding one year, the property owner shall be required to remove or treat in a safe manner, approved by the Indian River County Fire District and the Building Official, all flammable materials, storage tanks or areas.

(4)

Motor vehicle servicing, car wash or motor vehicle servicing, self-service car wash facilities shall be designed and constructed to comply with National Pollutant Discharge Elimination System (NPDES) requirements for car washes to prevent the creation, and carrying off the premises, of airborne particles of water, chemicals, and dust. No wash-water runoff generated by the facility may be conveyed off site into stormwater or wastewater systems without pretreatment. Any wash-water pretreatment, disposal, or recycle system shall be designed pursuant to requirements in Chapter 78, Utilities, of the City Code and in a manner acceptable to the City Engineer.

(5)

Motor vehicle servicing, car wash in C-1 zoning district. A car wash in the C-1 zoning district shall comply with the following additional standards:

a.

The use shall be limited to parcels with frontage on U.S. Highway 1 and a minimum parcel size of 30,000 square feet.

b.

The use shall not be located within 1,500 feet of an existing car wash facility located within the City limits, as measured from nearest points of the parcel property lines of the uses.

c.

If abutting a residential zoning district, a six-foot (6') high brick or finished masonry wall with a five-foot (5') landscaped buffer shall be provided.

d.

The facility shall be designed with a sufficient number of vehicular stacking spaces to comply with the standards in Chapter 63, Off-street Parking and Loading Requirements to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.

e.

All automobile washing equipment shall be within an enclosed building except that vacuuming and air pump equipment may be located outside the building, subject to a limitation allowing operation of the exterior equipment only between the hours of 7:00 a.m. to 9:00 p.m. and the equipment shall be screened from view from the public street by hedge or other landscape material approved by the Planning Director.

(f)

Offices, veterinary services. A veterinary service office, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

Those parts of structures in which animals are received (e.g., receiving area), groomed, or treated (e.g., treatment rooms, recovery rooms) shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

(2)

Accessory uses may include retail sales and grooming services, as long as the accessory uses occupy no more than 25 percent of the total gross floor area.

(3)

There shall be no boarding or breeding of animals at the facility, except for short-time boarding or overnight care related to medical treatment.

(4)

No crematory facilities are allowed.

(g)

Personal services. A personal service establishment, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

Dry-cleaning or laundry establishments. A dry-cleaning or laundry drop-off establishment shall comply with the following standards:

a.

The establishment shall not engage in dry cleaning work other than that brought in over the counter or by normal customer service delivery truck. Drive-through service is prohibited.

b.

Only synthetic, non-flammable solvents shall be used in dry-cleaning and laundry operations.

c.

Steam discharge from dry-cleaning or laundry operations shall be funneled into a suitable vacuum or steam tank for condensation and discharge into the sanitary sewer system and shall not be funneled to the exterior of the building.

(2)

Tattoo establishments. A tattoo establishment shall comply with all federal, state, and local regulations.

(h)

Restaurants, bar or drinking places. A drinking place, bar or lounge, wine or cigar bar, brewpub, or nightclub, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

Separation of licensed premises from places of worship and schools. The use shall not be located within 500 feet of a place of worship, public or private education institution, or residential district, as measured in a straight line from the main entrance of the building containing the licensed premises to the nearest point of the real property containing school facilities from the nearest point of the use and the property containing the place of worship or residential district zoning. This restriction shall not apply to a bar or drinking place located in a designated commercial district or an establishment licensed on or before July 1, 1999.

(2)

The bar or drinking place shall comply with the standards in Chapter 6, Alcoholic Beverages, of the City Code.

(3)

If the bar or drinking place involves the sale, preparation, or service of food or beverages outside of an enclosed building, it shall comply with the accessory use standards for outdoor seating.

(4)

Any live outdoor entertainment provided shall cease by 10:00 p.m.

(5)

A wine or cigar bar may have adjacent retail package wine or beer sales.

(6)

Alcohol sales or service shall be limited to on-premises consumption only.

(7)

All required off-street parking pursuant to Sec. 63.03, Parking ratios shall be provided on the establishment, except in designated commercial districts.

(i)

Restaurants. Restaurants, including carry-out, drive-in, fastfood, and specialty eating, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

All restaurant uses, including carry-out, drive-in, fastfood, and specialty eating, shall comply with the following standards:

a.

Alcohol beverage service. If the restaurant involves the sales or service of alcohol beverage, it shall comply with the accessory use standards in Sec. 67.13(c)(1), Alcohol beverage service.

b.

Outdoor table service. If the restaurant involves the sale, preparation, or service of food or beverages outside of an enclosed building, it shall comply with the accessory use standards in Sec. 67.13(c)(16), Outdoor seating areas.

c.

In the Ocean Drive/Cardinal Drive Overlay District, the use shall not exceed 6,000 sf in floor area.

(2)

Restaurants, drive-in. A drive-in restaurant, where allowed as a principal use in a zoning district shall also comply with the following standards:

a.

The drive-in service facilities shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.

b.

The drive-in service facilities shall be located at least 100 feet from any residential zoning district.

(3)

Restaurants, fast food. A fastfood restaurant, where allowed as a principal use in a zoning district shall also comply with the following standards:

a.

The drive-through service facilities shall be located at least 100 feet from any residential zoning district.

b.

The drive-through service facilities shall be designed with a sufficient number of vehicular stacking spaces approved by the City Engineer and to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.

c.

A bypass lane at least ten feet wide shall also be provided.

d.

The drive-through service facilities shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.

(4)

Restaurants, specialty-eating: A specialty-eating restaurant in a CAV zoning district shall also comply with the following standards:

a.

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

b.

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

c.

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

d.

Any required parking shall be accessed from the alley.

(j)

Retail sales and services, general. General retail sales and services establishments, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

Where drive-through service is permitted as an accessory use, the drive-through service shall comply with the applicable accessory use standards in Sec. 67.13(c)(8), Drive-through service.

(2)

In the Three Corners Waterfront District, only grocery stores with a maximum floor area of 20,000 sf are allowed as general retail sales and services establishments.

(k)

Retail sales and services, restricted. Restricted retail sales and services establishments, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and shall not have drive-through service as an accessory use.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023; Ord. No. 2025-08, § 9, 8-12-2025)