(a)

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

(b)

General standards for all accessory buildings and structures.

(1)

Relationship to principal structure.

a.

Except as otherwise authorized in Sec. 67.15(c)(11), Temporary use of an accessory structure as a principal dwelling after a catastrophe, an accessory structure shall not be constructed before the establishment or construction of the principal use or structure.

b.

If the principal use or structure is destroyed or removed, the accessory use or structure shall no longer be allowed.

c.

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

(2)

Location of Accessory Uses and Structures.

a.

No accessory use or structure shall be located within any platted or recorded easement or over any known utility, where their foundation might impact such infrastructure or where they might prevent the operation and maintenance of public utilities.

b.

Unless otherwise provided in Sec. 67.14(c), Standards for specific accessory buildings and structures, or Sec. 60.28(b), Exceptions and variations, accessory structures shall comply with the minimum yard standards applicable in the zoning district where the structure is located.

c.

Any accessory structure shall comply with the location requirements of the applicable zoning district of which it is located.

(c)

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:

a.

The antenna shall not exceed a height of 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.

b.

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

c.

A freestanding antenna shall be located in the rear yard, but not within five feet of any lot line.

(2)

Arbors or garden trellis. An arbor or garden trellis is allowed as an accessory structure in any yard with a maximum height of 8 ft.

(3)

Art or sculptures. A sculpture is allowed as an accessory structure in any yard with a maximum height of 6 ft.

(4)

Basketball goals. A basketball goal is allowed as an accessory structure to a single-family residential use in the front or rear yard.

(5)

Bike racks. A bike rack is allowed as an accessory structure in any yard.

(6)

Birdhouses. A birdhouse is allowed as an accessory structure in any yard.

(7)

Clotheslines. A clothesline is allowed as an accessory structure in residential zoning district in the rear yard.

(8)

Decks: A deck is allowed as an accessory structure, provided the rules for allowable required yard encroachments in Table 60.1 are complied with.

(9)

Docks. A dock, where allowed as an accessory structure to a nonresidential use in a zoning district, shall comply with the following standards:

a.

Forty percent of the width of the waterway shall remain unobstructed by docks, mooring or dolphin poles, watercraft lifts, or moored watercraft. Application of this standard shall not result in an unobstructed waterway less than 20 feet in width.

b.

Docks, mooring or dolphin poles, watercraft lifts, and moored watercraft shall be setback a minimum of 15 feet from the established riparian rights lines of the upland riparian property.

c.

The width of the waterbody shall be from the mean high water mark.

d.

All waterway development activities shall be permitted only if also authorized by the appropriate Federal or State agency.

e.

A license or lease agreement shall be required for all waterway development activities on submerged lands owned by the City or private entities. The license or lease agreement shall be executed by the applicant and the entity in which the submerged lands' deed was granted to.

f.

No watercraft shall be moored to a private seawall or dock, or be beached upon private property, without the permission of the owner thereof unless such mooring or beaching is of an emergency nature and is reasonably necessary to protect life, limb or property. In the event such emergency beaching or mooring is necessary, said conditions shall be corrected in not more than 72 hours, and the vessel removed.

g.

Where allowed in a commercial, marina or Three Corners Waterfront district, the dock may include an accessory commercial docking facility use for dock space or mooring rental, watercraft rental, or berthing watercraft for charter fishing boats or sightseeing boats.

(10)

Docks, private. A private dock is allowed as an accessory structure in any yard, subject to the following standards:

a.

Docks may extend into a waterway a maximum of 20 percent of the width of the waterway.

b.

Mooring or dolphin poles may extend into a waterway a maximum of 30 percent of the width of the waterway. Watercraft lifts attached to a dock shall be permitted between the dock and the mooring or dolphin poles.

c.

Watercraft moored to private docks shall not extend more than 30 percent of the width of the canal or waterway.

d.

Forty percent (20 percent on either side of the centerline) of the width of the waterway shall remain unobstructed by docks, mooring or dolphin poles, watercraft lifts, or moored watercraft. Application of this standard shall not result in an unobstructed waterway less than 20 feet in width (ten feet on either side of the centerline).

e.

Docks, mooring or dolphin poles, watercraft lifts, and moored watercraft shall be setback a minimum of 15 feet from the established riparian rights lines of the upland riparian property.

f.

The width of the waterbody shall be from the mean high water mark.

g.

All waterway development activities shall be permitted only if also authorized by the appropriate Federal or State agency.

h.

A license or lease agreement shall be required for all waterway development activities on submerged lands owned by the City or private entities. The license or lease agreement shall be executed by the applicant and the entity in which the submerged lands' deed was granted to.

i.

No watercraft shall be moored to a private seawall or dock, or be beached upon private property, without the permission of the owner thereof unless such mooring or beaching is of an emergency nature and is reasonably necessary to protect life, limb or property. In the event such emergency beaching or mooring is necessary, said conditions shall be corrected in not more than 72 hours, and the vessel removed.

j.

The renting of docks, dock space, or moorings, or the rental of watercraft is prohibited unless permitted as a marina or commercial dock use in the applicable zoning district.

(11)

Docks, watercraft canopies. A watercraft canopy is allowed as an accessory structure over a private dock or watercraft lift, subject to the following standards:

a.

No overhead structure shall be constructed on any dock other than an approved watercraft canopy.

b.

The support or frame of a watercraft canopy shall be constructed of a corrosion-resistant material.

c.

Watercraft canopy supports shall be arranged in an open design so as to allow visibility through the sides with openings no smaller than four feet in any dimension.

d.

No watercraft canopy support or frame shall be of a solid or opaque design so as to create a wall. No watercraft canopy shall have wooden framing or supports. No shutter roll-up design shall be permitted.

e.

The canopy shall be fabric or a material which can be rolled and folded without damage.

f.

The watercraft canopy shall not extend horizontally more than 30 inches over or beyond any dock to which the canopy is attached, except to the rear of a boat slip where it may extend up to 48 inches past the end of the structure. Canopies attached to permanent structures that are built to the maximum projection, may extend up to 30 inches beyond the structure.

g.

Watercraft canopies, their supports, and frames shall be maintained in good repair at all times. No canopy, canopy support, or frame shall be allowed to fall into disrepair or to become dilapidated, structurally dangerous, or unsafe. In the event a watercraft canopy, canopy support, or frame falls into disrepair, it shall be the responsibility of the dock owner to remove the structure.

h.

Only one watercraft canopy may be permitted per dock.

i.

No watercraft canopy, when measured at its highest point, shall extend more than 14 feet above the seawall cap, or if no seawall exists, above the decking of the permanent structure. The boat canopy shall be attached to the watercraft canopy side supports or frames so that at least 75% of the area of each side of the boat canopy structure is left open and uncovered.

(12)

Driveways or parking lots. A driveway or parking lot is allowed as an accessory structure, provided the driveway or parking lot complies with the rules for allowable required yard encroachments in Table 60.1 and the following standards:

a.

For single family (attached or detached) or duplex residential uses, the following standards apply to driveways:

i.

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

ii.

The driveway shall be set back a minimum of two feet from the side property lines.

b.

For residential uses other than single-family or duplex (attached or detached) and non-residential uses, the following standards apply to parking lots and driveways:

i.

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

ii.

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

(13)

Equipment, mechanical. Mechanical equipment is allowed as an accessory structure, provided the mechanical equipment complies with the rules for allowable required yard encroachments in Table 60.1.

(14)

EV charging stations. An EV charging station is allowed as an accessory structure in approved parking spaces or parking lots and in compliance with F.S. 366.94.

(15)

Fermentation tanks or chillers. A fermentation tank, chiller, boiler, brite or conditioning tank, and grain silo is allowed as an accessory structure to a microbrewery.

(16)

Flagpoles. A flagpole is allowed as an accessory structure, provided the flagpole complies with the rules for allowable required yard encroachments in Table 60.1 and standards for flagpoles in Chapter 38, Article I, Signs.

(17)

Fountains. A fountain is allowed as an accessory structure, provided the fountain complies with the rules for allowable required yard encroachments in Table 60.1.

(18)

Garages. A garage is allowed as an accessory building to a residential use, subject to the following standards:

a.

Garages shall be located to the rear of the principal structure and comply with the applicable zoning district standards for accessory buildings.

b.

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

c.

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

(19)

Generators. A generator is allowed as an accessory structure, provided the generator complies with the rules for allowable required yard encroachments in Table 60.1.

(20)

Greenhouse. A greenhouse is allowed as an accessory building, subject to compliance with the applicable zoning districts standards for accessory buildings and all incidental equipment and supplies related to a greenhouse use, including fertilizer and empty containers, are kept within the greenhouse or other accessory buildings.

(21)

Kiosks. A kiosk is allowed as an accessory structure in any yard, provided pedestrian walkways and access are not impeded.

(22)

Lighting fixtures. A lighting fixtures, such as a light pole or lamp post is allowed as an accessory structure in any yard, provided the exterior lighting shall be so arranged as to shield or deflect the light from abutting properties and cutoff lighting shall be used for any non-residential parking lot.

(23)

Mailboxes. A mailbox is allowed as an accessory structure in any yard.

(24)

Patios and terraces: A patio or terrace is allowed as an accessory structure, provided the patio or terrace complies with the rules for allowable required yard encroachments in Table 60.1.

(25)

Play structures. A play structure is allowed as an accessory structure, subject to the following standards:

a.

For residential uses, the play structure shall be located in the rear yard and five feet from any property line.

b.

For nonresidential uses, the play structure shall not be located in any yard setback for the applicable zoning district.

(26)

Pools, spas, and screen enclosures. A pool, spa or hot tub, and screen enclosure is allowed as an accessory structure, provided the pool, spa, and screen enclosure complies with the rules for allowable required yard encroachments in Table 60.1 and the pool or spa complies with all applicable standards in the Building Code—including, but not limited to, barrier requirements.

(27)

Rainwater cisterns. A rainwater cistern is allowed as an accessory structure, subject to the following standards:

a.

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

b.

Not be located within any required yards, unless the cistern is underground.

c.

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

d.

Not serve as signage.

(28)

Retaining walls. A retaining wall is allowed as an accessory structure, provided the retaining wall complies with the rules for allowable required yard encroachments in Table 60.1 and the following standards:

a.

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.

b.

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.

c.

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

(29)

Satellite dishes. A satellite dish is allowed as an accessory structure, subject to the following standards:

a.

One satellite dish is permitted per lot or parcel of land.

b.

No satellite dish shall be located in any required yard or the front yard of the principal structure.

c.

The maximum antenna diameter shall be 12 feet.

d.

No satellite dish shall to exceed the maximum height limit for the applicable zoning district, except roof-mounted satellite dish which may be placed in the architectural embellishment of the building and shall be screened from adjacent properties and rights-of-way.

e.

Screening shall be provided for the satellite dish to shield the satellite dish from view from abutting streets and adjacent property. Screening shall include a combination of fencing and shrubs approved by the Planning Director.

(30)

Seawalls or bulkheads. A seawall or bulkhead is allowed as an accessory structure in any yard, subject to the following standards:

a.

The seawall or bulkhead shall be designed by a professional engineer registered in the State of Florida and approved by the City Engineer. No permit shall be granted until applicable State or Federal permits have been issued.

b.

The seawall or bulkhead shall comply with the relevant rules for upland buffer zones in Chapter 72, Article IV, Lagoon and Beach Protection Ordinance.

c.

The seawall or bulkhead shall have wall returns at termination points or at parcel or property boundary lines.

(31)

Signs. A freestanding or temporary sign is allowed as an accessory structure, provided the freestanding or temporary sign complies with the rules for allowable required yard encroachments in Table 60.1 and standards for freestanding or temporary signs in Chapter 38, Article I, Signs.

(32)

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

a.

The system may be located on the roof of a principal structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in Sec. 62.40 District density, intensity, and dimensional standards.

b.

The system shall comply with the maximum height standards for the zoning district.

c.

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

d.

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.

(33)

Storage sheds. A storage shed is allowed as an accessory building, subject to the storage shed complying with the rules for allowable required yard encroachments in Table 60.1 and complying with the applicable zoning district standards for accessory buildings.

(34)

Television or radio antennas. 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 15 feet above the highest point of the structure.

(35)

Walkways or sidewalks. A walkway, walking path, or sidewalk is allowed as an accessory structure, provided the walkway, walking path, or sidewalk complies with the rules for allowable required yard encroachments in Table 60.1.

(36)

Walls, fences and hedges. A wall, fence or hedge is allowed as an accessory structure, provided the wall, fence, or hedge complies with the rules for allowable required yard encroachments in Table 60.1 and the following standards:

a.

Location.

i.

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

ii.

Fences or walls located along a side or rear lot or parcel line may be placed adjacent to the property line with required landscape strip pursuant to Sec. 72.12 located inside the fence or wall.

iii.

Fences or walls may be constructed on or over any dedicated public drainage or utility easements, where the City has issued a covenant of removal.

iv.

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

v.

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 Sec. 71.18, Obstructions to vision at intersections. 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

b.

Height. Walls and fences shall be a maximum height of six feet in any required yard, except as specifically provided otherwise in this Code or as follows:

i.

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

ii.

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

c.

Walls, fences, and hedges in front yard. Where a wall or fence is erected in the required front yard, the following standards shall apply:

i.

Any wall or fence shall be located three feet from the public right-of-way line.

ii.

Any wall or fence shall not exceed three feet in height.

iii.

Chainlink fences are not permitted in the front yard.

iv.

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

v.

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

vi.

A masonry wall or fence, located in the rear yard of a residential use, but in the required front yard of a corner or through lot, may permitted to a height of six feet by the Planning Director with a three foot landscape strip meeting the specifications of Sec. 72.16, Landscaping specifications.

d.

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

i.

Security fences erected around utility structures or uses, such as high voltage substations, pumping stations, telecommunications tower sites, and public service utilities.

ii.

Permitted barbed wire 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.

iii.

Any fence with barbed wire shall be screened from view of the public right-of-way with a screening hedge.

e.

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.

f.

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.

(37)

Wells, irrigation. An irrigation well is allowed as an accessory structure in any yard, provided it is approved by the City Engineer and shall not be located within a wellhead protection area.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023; Ord. No. 2025-08, § 15, 8-12-2025)