The purpose of this article is to establish uniform requirements and procedures for review of applications for development approval to ensure consistency with the comprehensive plan, part III, land development regulations, and other applicable provisions of this Code.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012)

(a)

Development review and approval required. Except as expressly exempted, development review and approval pursuant to this article shall be required prior to:

(1)

Any work, construction, or other activity requiring a building permit under Chapter 22, Buildings and Building Regulations;

(2)

Any change in the intensity, density or use of land;

(3)

Any work, construction, or other activity proposing to dredge, fill, excavate, construct improvements in any water areas, along shorelines, or on upland areas adjacent to water areas; or

(4)

Any other activity requiring a permit or development approval pursuant to Part III, Land Development Regulations of this Code.

(b)

Modification of development review and approval procedures. If applicable, the development review and approval process and procedures pursuant to this article shall be modified in accordance with chapter 76, historic preservation, and chapter 77, architectural review of this Code.

(c)

Exemptions. Unless expressly required by this article, improvements to a conforming, lawfully established existing building or structure requiring a building permit are exempt from development review pursuant to this article provided that such work:

(1)

Does not involve a substantial improvement, as defined in section 73.02 of this Code;

(2)

Does not change the floor area, footprint, or height of a building or structure;

(3)

Does not change the number of hotel or motel rooms or the number of dwelling units;

(4)

Does not involve below base flood improvements in a special flood hazard area; or

(5)

Does not involve improvements subject to review pursuant to chapter 76, historic preservation or chapter 77, architectural review of this Code.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012; Ord. No. 2023-08, § 2, 4-18-2023)

(a)

Application form and fees. Every application for development approval or appeals pursuant to this article shall be in a form prescribed by the planning director and accompanied by a nonrefundable fee in the amount as established from time to time by resolution of the city council to defray the actual cost of processing the application and provision of any required notice. The completed application and application fee shall be submitted to the planning and development department.

(b)

Persons authorized to submit application. An application for development approval shall be signed by all owners of the subject property, an agent authorized in writing to act on the property owner's behalf, and or other person having a written contractual interest in the subject property.

(c)

Coordination with regulatory agencies. Any application requiring a permit from a regulatory agency shall include with the application a copy of the permit or letter of coordination from the appropriate agency.

(d)

Incomplete applications. Only a complete application shall be accepted and processed by the planning and development department. An application shall be deemed complete when all information and supporting documentation required in the application has been provided together with the application fee.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012)

(a)

Appeals. The applicant or any person aggrieved by a decision of the planning director or any administrative officer under part III, land development regulations of this Code, may request a review of the decision by the planning and zoning board by submitting an appeal request application and a nonrefundable application fee to the planning and development department pursuant to section 64.03 within ten days of the administrative officer's written decision. The planning director shall advertise and place the application on the planning and zoning board's next available agenda for a public hearing unless otherwise requested by the appellant and agreed upon by the planning director. The public hearing shall be advertised in a local paper of general circulation no less than ten days before the date of the public hearing. The planning and zoning board shall consider review of the administrative decision at a quasi-judicial public hearing, after which it may affirm, reverse, or modify the decision. Appeals of the planning and zoning board's decision regarding administrative orders shall be to the city council pursuant to the procedures in section 64.08.

(b)

Stay of action pending appeal of administrative officer's decision. The filing of a notice of appeal shall result in a stay of all permit activity, work on the premises, and any proceedings in furtherance of the action appealed, unless the planning director certifies in writing to the planning and zoning board and applicant that a stay poses an imminent peril to life or property. The planning and zoning board shall review such certification and grant or deny a stay of the proceedings.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012)

(a)

Purpose. Code compliance certification is intended to ensure that development permits and other development approvals are consistent with the provisions of part III, land development regulations and other pertinent provisions of this Code. Such approvals are routine and ministerial in nature with limited administrative discretion. A Code compliance certification application may be approved by the planning director.

(b)

Applicability. Code compliance certification by the Planning Director shall be required for the following:

(1)

Change of use not requiring additional parking.

(2)

Construction, enlargement or structural alteration of docks and seawalls pursuant to Part III, Chapter 31, Boats and Waterways, and other activities proposing to dredge, fill, excavate, construct improvements in any water areas or in upland buffer zones pursuant to Chapter 72, Article IV, Lagoon and Beach Protection of this Code.

(3)

Siting of new attached wireless communication facilities, the collocation of antenna on existing antenna-supporting structures and buildings, or the replacement and modification of existing stealth and non-stealth attached wireless communication facilities, except as exempted from the City's Land Development Regulations by F.S. § 365.172.

(4)

Siting of new or replacement of existing antenna-supporting structures with an overall height of 35 feet or less in residential zoning districts and 50 feet or less in nonresidential zoning districts.

(5)

Installation of new external emergency generators.

(6)

Installation of new external heating, air conditioning, ventilation and electrical equipment.

(7)

Installation of new walls and fences.

(8)

Certain uses of the public right-of-way pursuant to Part III, Chapter 62, Article X of this Code.

(9)

Changes to existing single family and duplex residential development or residential development of three or less dwelling units located within multiple buildings that involve any of the following:

a.

Increase of less than 500 square feet of new impervious surface area;

b.

New construction or additions to principal and accessory buildings of less than 500 square feet of floor area; or

c.

Construction of new pools, spas, and decks.

(10)

Changes to an existing multiple-family or residential development of four dwelling units located within multiple buildings that involve any of the following:

a.

Increase of 1,500 square feet or less of new impervious surface area;

b.

New construction or additions to principal and accessory buildings of less than 500 square feet of floor area;

c.

Modifications to existing required landscaped areas and approved parking layouts and driveways involving less than 1,500 square feet of area; or

d.

Construction of new pools, spas, and decks.

(11)

Changes to existing nonresidential development that involve any of the following:

a.

Increase of 1,500 square feet or less of new impervious surface area;

b.

Modifications to existing required landscaped areas and approved parking layouts and driveways involving less than 1,500 square feet of area;

c.

New or additions to outdoor dining, retail display, or storage areas of less than 500 square feet;

d.

Change in the number of hotel/motel rooms without any increase in floor area; or

f.

Construction new pools, spas, and decks.

(12)

Installation of new playground equipment, lighting, benches, or other improvements not involving floor area within a public or privately-owned park.

(13)

Improvements to enclosures below base flood elevation that are not a substantial improvement as defined in Section 73.02 of this Code.

(14)

Provision of accessory beach services to hotel patrons of oceanfront hotel properties.

(15)

Any other modification to a building, structure, landscaping or impervious area that is not specifically exempt from development approval by this Article or Code and does not require site plan approval pursuant to Section 64.06.

(c)

Application completeness determination. Whenever possible, the Code compliance certification application, submitted pursuant to section 64.03, shall be reviewed for completeness by the planning and development department staff at the time of its submittal. If determined incomplete, the application's deficiencies shall be identified by department staff and, unless the deficiencies are corrected at that time by the applicant, the application shall be returned to the applicant.

(d)

Application compliance review. The planning director shall distribute the application to appropriate city and county departments for compliance review with this Code. Compliance review shall be completed not more than five working days from the date the complete application is provided to the planning and development department If the application is determined to be noncompliant, the planning director shall notify the applicant by telephone and by regular or electronic mail specifying the application's deficiencies. The applicant shall correct the deficiencies and submit a revised application to the planning and development department within 15 days of the notification, or request a written extension from the planning director. If the applicant does not respond within 15 days by submitting a revised application, the planning director shall take final action on the application unless the planning director grants the applicant an extension upon a showing of good cause.

(e)

Action on application. If the planning director finds the application in compliance with this Code, the planning director shall approve or approve with conditions the application. Any conditions placed on approval of the application by the planning director shall be reasonable and directly related to ensuring that the permitted activity complies with this Code. If the planning director finds the application is not in compliance, the planning director shall deny the application. Written notice shall be served to the applicant by certified registered mail. Said notice shall notify the applicant of the planning director's action and shall specify the reasons for denial, including applicable Code citations.

(f)

Approved application. Approval of the application by the planning director shall authorize the issuance of building and other permits within the scope of the application, subject to any reasonable conditions placed on the approval by the planning director.

(g)

Effective date and duration of Code compliance certification. The effective date of an approved Code compliance certification application shall commence upon termination of the ten-day appeal period or the appeal process, whichever occurs first. Application for a building permit authorized by the approved application shall be made within six months of the effective date of the application. All certificates of occupancy or final inspections shall be obtained no later than two years from the effective date of the application or the approved application shall become null and void.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012; Ord. No. 2023-08, § 3, 4-18-2023)

(a)

Purpose. The site plan review and approval process is intended to ensure that the development of structures and sites is compliant with this Code and that the process balances the property owner's right to use his land with the corresponding rights of nearby property owners, residents, and businesses and the need to protect the public health, safety, and welfare.

(b)

Categories of site plans. Site plans are divided into two separate categories, minor and major as described below:

(1)

Minor site plans involve development approvals that are more complex and require a higher level of technical review than code compliance certification as provided for in section 64.05 and have only limited potential for adverse off-site impacts.

(2)

Major site plans involve development approvals that are more complex and require a higher level of technical review than minor site plans and involve projects with the potential for adverse off-site impacts on other properties, roads and utilities infrastructure.

(c)

Authority. The planning director may approve applications for minor site plans, amendments to minor site plans, minor amendments to major site plans, and technical revisions to all approved site plans. The planning and zoning board may approve applications for major site plans and major amendments to major site plans.

(d)

Existing development. All development lawfully existing on (effective date of this ordinance [October 16, 2012]), which would have required minor or major site plan approval under the terms of this section, shall be deemed to have an approved minor or major site plan for the purposes of determining the threshold level for site plan application review and approval

(e)

Minor site plan approval required. The following development activities shall require minor site plan approval or an amendment to an approved minor site plan:

(1)

Construction of new single family and duplex residential development or new residential projects involving three or less dwelling units located in multiple buildings.

(2)

Changes to existing projects listed in (e)(1) above that involve any of the following:

a.

Substantial improvements to principal and accessory buildings as defined in section 73.02 of this Code;

b.

New construction or additions to principal and accessory buildings of 500 square feet or more in floor area;

c.

Increase in the number of dwelling units subject to a maximum limit of three dwelling units; or

d.

Increase of 500 square feet or more of new impervious surface.

(3)

Construction of new multiple-family residential projects of three to four dwelling units or new residential projects involving four dwelling units located within multiple buildings.

(4)

Changes to existing projects listed in (e)(3) above that involve any of the following:

a.

Substantial improvements to principal and accessory buildings as defined in section 73.02 of this Code;

b.

New construction or additions to principal and accessory buildings of 500 or more square feet of floor area;

c.

Increase of more than 1,500 square feet of new impervious surface area;

d.

Increase in the number of dwelling units subject to a maximum limit of four dwelling units; or

e.

Modifications to existing required landscaped areas and approved parking layouts and driveways involving 1,500 square feet or more of area.

(5)

Construction of new nonresidential projects of less than 10,000 square feet of floor area provided that the average daily trip generation of the project's total floor area is less than 100 vehicle trips per 1,000 square feet of floor area based on the latest edition of the "Trip Generation Manual" published by the Institute of Transportation Engineers (ITE).

(6)

Construction of new mixed residential-nonresidential projects that do not exceed the dwelling unit or floor area thresholds of this subsection.

(7)

Construction of new park and recreational facilities in a public or privately-owned park involving floor area of less than 10,000 square feet; however, any additional impervious parking lot improvements within a public park require site plan approval by the city council pursuant to section 62.09.01 of this Code.

(8)

Changes to existing projects listed in (e)(5) through (e)(7) above that involve any of the following:

a.

Substantial improvements to principal and accessory buildings as defined in section 73.02 of this Code;

b.

New construction or additions to principal and accessory buildings involving new floor area subject to a maximum buildout for the project of less than 10,000 square feet of floor area,

c.

Increase in the number of dwelling units subject to a maximum buildout for the project of four dwelling units;

d.

Increase in the number of hotel/motel rooms involving new floor area, subject to a maximum buildout for the project of less than 10,000 square feet of floor area;

e.

Increase of 1,500 square feet of new impervious surface area;

f.

Modifications to existing required landscaped areas and approved parking layouts and driveways involving 1,500 square feet or more of area;

g.

New or additions to outdoor dining or retail display, or storage areas of 500 to 1,000 square feet; or

h.

New or additions to outdoor storage areas of 500 to 10,000 square feet.

(9)

Construction of new ground-level parking facilities as a principal use involving less than 10,000 square feet of impervious surface or expansion of existing non-accessory ground-level parking facilities up to a maximum buildout limit for the parking lot project of less than 10,000 square feet of impervious surface.

(10)

Siting of new or replacement of existing antenna-supporting structures with an overall height of more than 35 feet to 50 feet in residential zoning districts and more than 50 feet to 75 feet in nonresidential zoning districts.

(f)

Major site plan approval required. The following development activities shall require major site plan approval or a major amendment to an approved major site plan:

(1)

Construction of new projects requiring conditional use approval by the planning and zoning board.

(2)

Construction of new nonresidential projects within a POI zoning district.

(3)

Construction of new nonresidential projects of any amount of floor area with a [an] average daily vehicle trip generation rate of more than 100 vehicles per 1,000 square [feet] of floor area based on the latest edition of the "Trip Generation Manual" published by the Institute of Transportation Engineers (ITE).

(4)

Construction of new nonresidential projects of 10,000 square feet or more of floor area.

(5)

Construction of new residential projects of five or more dwelling units.

(6)

Construction of new mixed residential-nonresidential projects that do not exceed the dwelling unit or floor area thresholds of this subsection.

(7)

Construction of new ground level parking facilities as a principal use involving 10,000 square feet or more of impervious surface area or the construction of new structured (multi-level) parking as a principal use.

(8)

Siting of new antenna-supporting structures with an overall height of more than 50 feet in residential districts and more than 75 feet in nonresidential districts.

(9)

Construction of new park and recreational facilities involving 10,000 square feet or more of floor area; however, any additional impervious parking lot improvements within a public park require site plan approval by the city council pursuant to section 62.09.01 of this Code.

(10)

Any change to an existing project, including a change of use, approved under a minor site plan that meets any one of the major site plan approval thresholds for new projects in (f)(1) through (f)(9) above.

(11)

Changes to existing projects listed in (f)(1) through (f)(9) above that involve any of the following:

a.

A change in a specific condition placed on a conditional use approval by the planning and zoning board;

b.

A new conditional use for a property;

c.

New construction or additions to principal and accessory buildings of 1,000 square feet or more of floor area involving a conditional use;

d.

New construction and additions to, or changes in use of, principal and accessory buildings of 1,000 square feet or more of floor area if the average daily trip generation of the total project is more than 100 vehicles per 1,000 square feet of floor area based on the latest edition of the "Trip Generation Manual" published by the Institute of Transportation Engineers (ITE);

e.

New construction or additions to principal and accessory buildings of 10,000 or more square feet of floor area;

f.

An increase of 10,000 or more square feet in the amount of impervious surface, excluding any increase in the area of the building footprint;

g.

Modifications to existing required landscaped areas and approved parking layouts and driveways involving more than 10,000 square feet of area;

h.

An increase of five or more dwelling units;

i.

A change in use from residential to nonresidential in a POI zoning district;

j.

New or additions to outdoor dining and retail display areas of more than 1,000 square feet of area; or

k.

New or additions to outdoor storage areas of more than 10,000 square feet of area.

(g)

Minor amendments to major site plans. Minor amendments to an approved major site plan shall be pursuant to the standards and procedures for minor site plan approval. The following changes to an existing project approved under a major site plan require a minor amendment:

(1)

New construction and additions to principal and accessory buildings, or changes in use of less than 1,000 square feet of floor area if the average daily trip generation rate of the project's total floor area is more than 100 vehicle trips per 1,000 square feet of floor area based on the latest edition of the "Trip Generation Manual" published by the Institute of Transportation Engineers (ITE).

(2)

New construction and additions to principal and accessory buildings of less than 1,000 square feet involving a conditional use.

(3)

New construction and additions to, or change in use of, principal and accessory buildings of less than 10,000 square feet of floor area.

(4)

Any increase of less than five dwelling units.

(5)

Any increase in new impervious surface area of more than 1,500 square feet to 10,000 square feet, excluding any change in the building footprint.

(6)

Substantial improvements to principal and accessory buildings as defined in section 73.02 of this Code that do not require a major amendment to a major site plan.

(7)

Modifications to existing required landscaped areas, parking layouts and driveways of between 1,500 to 10,000 square feet of area.

(8)

New or additions to outdoor dining and retail display areas of between 500 to 1,000 square feet.

(9)

New or additions to outdoor storage areas of between 500 to 10,000 square feet of area.

(10)

New construction of or additions to park and recreational facilities involving an increase in floor area of less than 10,000 square feet; however, any additional impervious parking lot improvements within a public park require site plan approval by the city council pursuant to section 62.09.01 of this Code.

(11)

Replacement of existing antenna-supporting structures that involve no increase in height.

(h)

Technical deviations to approved site plans. The planning director may approve technical deviations to site plans. A technical deviation is one that appears necessary in light of technical and engineering considerations brought by the applicant, building official, city engineer, planning director or other regulatory official based on problems uncovered during construction authorized pursuant to an approved site plan. Such deviations shall be compliant with all provisions of this Code and shall be limited to the following:

(1)

Alteration of the location of any walkway, road, building, structures, or site improvement by less than five feet.

(2)

Alteration of the height of the building by one foot or less.

(3)

Alteration of the type or quality of the landscaping elements, unless required as a specific condition of the site plan approval.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012)

(a)

Application completeness determination. The planning director shall distribute the minor site plan application, submitted pursuant to section 64.03, to appropriate city and county departments for completeness determination This review shall be completed no later than five working days from the date of the application's receipt. If the application is determined to be incomplete, the planning director shall notify the applicant by telephone and by regular mail or electronic mail specifying the application's deficiencies. The applicant shall correct the deficiencies and submit a revised application to the planning and development department within 30 days from the date of the notification, or request an extension to this deadline in writing to the planning director. If the applicant fails to respond to this notification within the time period, the said application shall be deemed abandoned unless the planning director grants an extension of such time for good cause. If abandoned, the application shall be returned to the applicant and a copy retained by the planning and development department for public record.

(b)

Application compliance review. The planning director shall coordinate review of the application by appropriate city and county departments for compliance with section 64.10 of this article. The length of time for this review will vary depending upon the type and nature of the application and number of reviewing agencies; however, the planning director shall endeavor to incorporate the comments from reviewing city and county departments and complete the review by no later than ten working days from the date the application is determined complete. The planning director shall provide the applicant by telephone or by electronic mail a consolidated list of any specific deficiencies in the application as they are identified by reviewers; however, all deficiencies in the application are to be identified and the applicant notified by telephone and by regular or electronic mail by the end of the 10-day review period. Nothing shall preclude any applicant from requesting or the planning director scheduling a meeting between the applicant and reviewers to resolve any issues with the application. The applicant may thereafter correct the deficiencies and submit a revised application to the planning and development department within 30 days from the date of the notification of any deficiencies, withdraw the application without prejudice, or request an extension of the 30-day response period in writing to the planning director. Within 30 days from the date of notification, if the applicants fails to resubmit a revised application to the planning and development department, does not withdraw the application, or is not granted an extension for good cause, the planning director shall take action on the application.

(c)

Action on application. In taking final action on the application, the planning director shall make written findings and conclusions based on the site plan review standards pursuant to section 64.10. If the application is found to be consistent with these site plan review standards, the planning director shall in writing approve or approve with conditions the application. If the application is found to be inconsistent with these site plan review standards, written notice of denial shall be served to the applicant by certified registered mail. Said notice shall notify the applicant of the planning director's action and specify the reasons for denial, including applicable Code citations.

(d)

Minor site plans may be approved pursuant to standards and procedures for major site plan. If the planning director finds that an application for minor site plan approval or a minor amendment to a major site plan may have the potential for significant on-site and/or off-site impacts or involve changes to a major site plan that substantively change the scope and character of an approved existing project, the planning director may require a minor site plan or minor amendment to a major site plan to be reviewed pursuant to the standards and procedures for approval of a major site plan. The planning director's findings shall be in writing and shall be served to the applicant by certified registered mail no later than five working days from the date the application is determined to be complete or the application shall be processed in accordance with the procedures and standards for a minor site plan. If the application is to be processed as a major site plan, the additional costs for the posting, noticing, and advertising of the application shall be borne by the city.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012)

(a)

Pre-application meeting. The applicant shall schedule an appointment and meet with the planning director prior to submission of an application for major site plan approval or major amendment to a major site plan. The purpose of this meeting is to discuss, in general, the procedures and substantive requirements for the application and, identify, any concerns that the planning director may have regarding the proposed project.

(b)

Neighborhood workshop applicability. The following projects to be approved as a major site plan or as a major amendment to a major site plan, require the holding of a neighborhood workshop by the applicant prior to submittal of the application for development approval:

(1)

Residential projects involving five or more new units within a residential zoning district.

(2)

Nonresidential projects of more than 10,000 square feet of new floor area located adjacent to a residential zoning district unless the subject property is separated from existing residential zoned uses by a public right-of-way of 150 feet or more.

(3)

Nonresidential projects of 5,000 square feet or more of new floor area with a total average daily project trip generation rate of 100 or more vehicles per 1,000 square feet of floor area based on the latest edition of the "Trip Generation Manual" published by the Institute of Transportation Engineers (ITE) that abut a residential zoning district unless the subject property is separated from residential zoned uses by a right-of-way of 150 feet or more.

(4)

Projects within a POI zoning district requiring approval by the planning and zoning board.

(5)

Projects requiring conditional use approval by the planning and zoning board.

(c)

Neighborhood workshop procedures and requirements. The following procedures and requirements shall be followed by the applicant:

(1)

At its own expense, the applicant shall notify nearby property owners of the workshop by:

a.

Placing an ad in a local paper of general circulation not less than 14 days prior to the date of the workshop; and,

b.

Sending a letter to all owners of real property located within 500 feet of the subject property, except that in the case of condominiums within 500 feet of the subject property, the notice shall only be sent to the condominium association formed pursuant to F.S. Ch. 718.

(2)

The workshop shall be held in a location near the subject development or shall be held at the City Hall with a starting time of between 6:00 to 7:00 p.m. on weekdays and between 9:00 a.m. and 5:00 p.m. on weekends. A fee may be charged by the city to cover necessary personnel and equipment costs of holding the workshop at the City Hall. A second workshop shall be required if the applicant does not submit the major site plan application within six months of the required workshop.

(3)

At the workshop the applicant shall present a conceptual site plan, proposed building elevations, and proposed use of the site. The applicant shall listen to and answer questions from the public and keep a written summary of the minutes of the workshop. A sign-in sheet shall be kept for those attending the workshop.

(4)

When the application for site plan approval is submitted it shall include the additional following items:

a.

A copy of the workshop meeting advertisement published in the newspaper;

b.

A copy of the letter noticing the workshop to property owners;

c.

A copy of the workshop sign-in sheet; and

d.

A written summary of the workshop.

(d)

Application completeness determination. The planning director shall distribute the major site application submitted pursuant to section 64.03 to appropriate city and county departments for completeness determination. This review shall be completed no later than five working days of the application's receipt. If the application is determined to be incomplete, the planning director shall notify the applicant by telephone and by regular mail or electronic mail specifying the application's deficiencies. The applicant shall thereafter correct the deficiencies and submit a revised application to the planning and development department within 30 days from the date of the notification, or request an extension to this deadline in writing to the planning director. If the applicant fails to responds to this notification within the time period, the application shall be deemed abandoned unless the planning director grants an extension of such time for good cause. If abandoned, the application shall be returned to the applicant and a copy retained by the planning and development department for the public record.

(e)

Application compliance review. The planning director shall coordinate review of the application by appropriate city and county departments for compliance with section 64.10 of this article. The length of time for this review will vary depending upon the type and nature of the application and number of reviewing agencies; however, the planning director shall incorporate the comments from reviewing city and county departments and complete a draft written report by no later than 25 working days from the date the application is determined complete. The planning director shall provide the applicant by telephone or by regular or electronic mail a list of any specific deficiencies as they are identified by reviewers. Nothing shall preclude any applicant from requesting or the planning director scheduling a meeting between the applicant and reviewers to resolve any issues with the application that may lead to a recommendation of denial by the planning director. At the conclusion of the review period, the applicant shall be provided with a copy of the draft review report by regular or electronic mail. Subsequently, the applicant may submit a revised application to the planning and development department based on the review comments in the draft report by no later than 15 days from the date of the draft report, request a 30-day extension to be submit a revised application, or withdraw the subject application. Unless the applicant is granted an extension or withdraws his application, the planning director shall prepare a written final report to the planning and zoning board that incorporates the comments and recommendations of the reviewing departments and contains specific findings and recommendations based on the site plan review standards pursuant to section 64.10. A copy of the written final report shall be submitted to the applicant and provided to the planning and zoning board prior to the scheduled hearing on the application.

(f)

Public hearing before planning and zoning board. The planning director shall cause the application to be advertised, noticed and placed on the planning and zoning board's next available agenda for public hearing and consideration unless the applicant requests another meeting date acceptable to the planning director. The planning director shall notify the applicant of the date and time of the public hearing. The public hearing shall be advertised in a local paper of general circulation no less than 14 days before the date of the public hearing.

(g)

Public hearing notice. The planning and development department shall send notice of the public hearing by regular mail, no less than 14 days from the date of the public hearing to all owners of real property within 500 feet of the subject property, except that in the case of a condominium within 500 feet of the subject property, the notice shall only be mailed to the condominium association formed pursuant to F.S. chapter 718. The addresses of property owners and properties shall be deemed as shown in the county property appraiser's records for purposes of said notice. The planning director shall prescribe the content and form of the notice. Failure of any landowner to receive such notice shall not invalidate any of the proceedings hereunder.

(h)

Posting of property. The planning and development department shall post notice of the public hearing on the subject property no less than 14 days before the date of the public hearing by the planning and zoning board. The notice shall be a waterproof and fade-proof sign of at least two feet by three feet in front surface area, which is lettered so as to be easily visible from all public right-of-way abutting the property. A posting sign shall be placed on each perimeter of the subject property fronting public right-of-way. The specific information to be presented on the sign and the form of the sign shall be in a form prescribed by the planning director.

(i)

Action by the planning and zoning board. The planning and zoning board shall conduct a quasi-judicial public hearing on the application. At the public hearing, the planning and zoning board shall make required findings and conclusions based on the review standards pursuant to section 64.10. Based on these findings and conclusions, the planning and zoning board shall in writing approve, approve with conditions, or deny the application. If the application is denied the planning and zoning board in its written decision shall include the specific Code citations for basing its decision.

(j)

Appeals. The applicant or any person aggrieved by the decision of the planning and zoning board may request a review of the decision by the city council by submitting an appeal request application and nonrefundable application fee to the planning and development department pursuant to section 64.03 within ten days of the planning and zoning board's written decision. The city clerk shall cause the application to be placed on the city council's next available agenda for a public hearing unless the applicant requests another appeal hearing date acceptable to the planning director and city clerk. The public hearing shall be advertised by the city clerk in a local paper of general circulation no less than 14 days before the date of the public hearing. The city council shall consider review of the planning and zoning board's decision at a quasi-judicial public hearing, after which it may affirm, reverse, or modify the decision of the planning and zoning board. The city council's decision shall be based on the site plan review standards of section 64.10.

(k)

Stay of action pending appeal of planning and zoning board decision. The filing of a notice of appeal of the planning and zoning board decision shall result in a stay of all permit activity, work on the premises, and any proceedings in furtherance of the action appealed, unless the chairman of the planning and zoning board upon the recommendation of the planning director, certifies in writing to the city council and applicant, that a stay poses an imminent peril to life or property. The city council shall review such certification and grant or deny a stay of the proceedings.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012; Ord. No. 2017-04, §§ 2, 3, 5-16-2017)

(a)

Application. In its application for a technical deviation submitted pursuant to section 64.03, the applicant shall present the reasons for the request and demonstrate that the request meets the eligibility requirements for a technical deviation pursuant to section 64.06(j).

(b)

Application eligibility and completeness review. The planning director shall review the application for eligibility and completeness within one working day of the application submittal date. If the request is not eligible to be approved as a technical deviation, the planning director shall notify the applicant by telephone and by regular or electronic mail specifying the reasons for the ineligibility determination. If the application is incomplete, the planning director shall notify the applicant by telephone and regular or electronic mail specifying identifying information required to be submitted.

(c)

Application review and action. The planning director shall distribute the complete application to appropriate city and county departments for review, if necessary. Within five working days or sooner of the date the application is determined to be eligible and complete, the planning director shall make a decision in writing based on review comments from participating review departments either approving, approving with modifications and/or conditions, or denying the request. If the planning director denies the request, notice shall be served to the applicant by telephone and by regular or electronic mail specifying the reasons for the denial including any pertinent Code citations.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012)

(a)

General review standards. All approved site plans and amendments to site plans shall:

(1)

Be consistent with the pertinent goals, policies, and objectives of the comprehensive plan;

(2)

Comply with all pertinent provisions of part III, land development regulations and other pertinent provisions of this Code;

(3)

Comply with any applicable federal and state regulatory permits;

(4)

Take into consideration in the design of the site plan, the avoidance, where reasonable, of adverse impacts on the following sensitive environmental, historical, and archaeological features, as applicable:

a.

Shorelines, beaches, and dunes.

b.

Aquifer recharge potential, as identified as "areas of special concern" in the conservation element of the comprehensive plan.

c.

Wellhead protection areas, as identified in the conservation element of the comprehensive plan.

d.

Wetlands, as identified by the St. John's Water Management District and the conservation element of the comprehensive plan.

e.

Known habitat of protected, endangered or threatened species, as identified in by the U.S. Fish and Wildlife Service, Florida Fish and Wildlife Commission, the conservation element of the comprehensive plan, and other regulatory and scientific sources and studies.

f.

Upland native habitat, as identified by the U.S. Fish and Wildlife Service, Florida Fish and Wildlife Commission, the conservation elements of the Indian River County Comprehensive Plan and city comprehensive plan, and other regulatory and scientific sources and studies.

g.

Historic and archaeological resources as identified on the National Register of Historic Places, the Florida Master Site File, and the Vero Beach Register of Historic Places.

(5)

Be consistent with applicable site design performance standards of (b) below; and

(6)

Comply with pertinent development standards of (c) below.

(b)

Performance standards. Except for single family and duplex residential development, the proposed use, design and layout of the development shall be consistent with the following site design performance standards:

(1)

The proposed design and layout of driveways, parking and loading areas, and pedestrian travel paths will create no hazardous conditions or conflicts for the parking of vehicles, unloading/loading of passenger and service vehicles, and internal movements of vehicles, pedestrians and bicycles.

(2)

The proposed location and design of the site's ingress and egress points will not result in off-site traffic congestion or hazards in the immediate vicinity of the project.

(3)

The proposed arrangement of buildings, parking and unloading/loading areas, landscaping and site activities will not result in unreasonable and disruptive impacts on adjacent properties, in terms of noise, odor, traffic, debris and trash, the hours of operation, changes in traffic circulation patterns, or other relevant disruptive factors.

(4)

The proposed arrangement of buildings, parking and unloading/loading areas, and outdoor uses and activities will not result in noticeable and direct adverse impacts on the safety, stability, and habitability of residential neighborhoods in the immediate vicinity of the project.

(c)

Development standards. All approved site plans or modifications to site plans shall comply with the specific development standards of this subsection, as applicable to the proposed development. These development standards are in addition to those for individual zoning districts; however, where the standards of the individual zoning district are more permissive or more stringent than those of this subsection, the standards of the zoning district shall prevail. The following development standards shall apply:

(1)

Structures shall not resemble, in configuration or design, a product for sale.

(2)

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

(3)

Refuse and waste removal and recycling areas of multiple-family and non-residential development shall be screened from adjacent properties and public right-of-way by a minimum of a 5-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 City Code.

(4)

All manufacturing or processing, services, and businesses shall be conducted completely within enclosed buildings, except as permitted by standards for specific uses in Chapter 67, Use Specific Standards.

(5)

Exterior lighting shall be so arranged as to shield or deflect the light from adjoining properties and public streets and cutoff lighting shall be used for any non-residential parking lot.

(6)

Except for metal roofs, no building of greater than 100 square feet in floor with an outside metal covering shall be constructed or placed except in the M (Industrial zoning district), ALI (Airport Light Industrial zoning districts), and CM (Commercial Marina zoning districts); provided, however, that the use of aluminum products may be used in any zoning district in the installation of carports, patio covers, screen rooms and marquees.

(7)

Notwithstanding (6) above, metal may be used as an outside covering for any building rehabilitated or constructed on a historic site listed in the City of Vero Beach Register of Historic Places subject to the approval of a special certificate of appropriateness application by the historic preservation commission.

(d)

Conditions on site plan approval. In rendering decisions on approval of site plan applications and modifications to a site plan, the Planning Director and Planning and Zoning Board may impose reasonable conditions to ensure:

(1)

Consistency with the site plan review standards of this section and other applicable provisions of this Code.

(2)

Compliance with the requirements of this Code, which could have been achieved prior to approval, but remain outstanding at the time of approval, provided that they will be achieved in a later stage of the permitting process.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012; Ord. No. 2016-09, § 6, 6-7-2016; Ord. No. 2017-01, § 2, 3-7-2017; Ord. No. 2020-25, § 2, 12-1-2020; Ord. No. 2023-07, § 4, 4-18-2023; Ord. No. 2023-17, § 4, 9-26-2023)

(a)

Effective date and duration of approved site plans. The effective date of an approved site plan or modification to a site plan shall commence upon termination of the 10-day appeal period or the appeal process, whichever is first. Unless otherwise specified in the approved site plan for phased, long-term projects, applications for building permit(s) authorized by the approved site plan shall be made within six months of the effective date of the site plan and all certificates of occupancy or final inspections shall be obtained within two years of the effective date of the site plan or the approved site plan shall become null and void unless an extension has been approved by the planning director. Approval times do not change with successive owners.

(b)

Extension of the duration terms of an approved site plan. No later than 60 days prior to the expiration date of an approved site plan, the applicant may submit to the planning and development department an application and nonrefundable application fee to extend the approved site plan for a one-time extension of an additional year. The planning director may approve the extension for good cause.

(c)

Effect of issuance of an approved site plan. The approved site plan or modification to the site plan shall authorize the issuance of building and other permits within the scope of the application subject to any conditions placed on the approval and compliance with the Florida Building Code and appropriate federal/state permits.

(d)

Requirement for permits or certificates of occupancy. Unless authorized by the building official in consultation with the planning director, the occupancy of any building approved by a site plan is not authorized until the applicant has received a certificate of occupancy or final inspection pursuant to the Florida Building Code.

(e)

Continuing maintenance required. Failure to comply with and to continually maintain all elements of an approved site plan, including required landscaping, appearance, and other site development features, shall be a violation of this Code and subject to fines and penalties as provided for in this Code.

(f)

Conditions enforced. Failure to comply with any conditions that may be attached to the approval of any site plan, including a conditional use, shall constitute a violation of this Code.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2012-24, § 2, 10-16-2012)

(a)

Applicability. Except as expressly exempted, any temporary use shall require a temporary use permit from the planning and development department and required building, electrical, plumbing and other permits as appropriate. An application and non-refundable fee shall be submitted to the planning and development department pursuant to section 64.03. Temporary use permits will be issued under the following standards:

(1)

Section 64.42, Prohibited Temporary Uses and Structures, lists several temporary uses and structures that are expressly prohibited.

(2)

Section 64.43, General Standards for All Temporary Uses and Structures, establishes general standards that apply to all allowed temporary uses and structures.

(3)

Section 64.44, Permitted Temporary Uses and Structures, establishes, in the use tables, the zoning districts in which a temporary use or structure is allowed. Abbreviations used in temporary use/structure district tables, explains the abbreviations used in the tables showing whether a particular type of temporary use or structure is permitted or prohibited within the various zoning districts.

(4)

Section 64.45, Standards for Specific Temporary Uses and Structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this Code.

(b)

Approval criteria. If section 64.44 requires a temporary use permit and the proposed use or structure meets applicable standards section 64.43 and in section 64.45, the planning director may approve or conditionally approve the issuance of a temporary use permit, unless one of the following circumstances exist:

(1)

The applicant has made a material misrepresentation in the application.

(2)

The applicant has not complied with the planning and development department's request for further information.

(3)

The proposed temporary use will substantially disrupt the peace and quiet within any area of the city.

(4)

The proposed temporary use will have a substantial negative impact upon traffic within any area of the city.

(5)

The proposed temporary use will have a material negative impact upon neighboring properties.

(6)

The proposed special event temporary use will create a safety hazard.

(c)

Term of permit. Temporary use permits issued pursuant to this section shall be effective from the date of issuance through the date specified in the permit.

(d)

Revocation of permit. The planning director for any of the following reasons may revoke a temporary use permit:

(1)

A material false statement contained in the application;

(2)

Failure to comply with federal, state, or municipal laws and regulations;

(3)

Failure to comply with the limitations and conditions imposed by the city on the issuance of the special event permit; or

(4)

Conducting the special event in such a manner as to create a public nuisance.

(e)

Appeal of revocation or permit denial. Notwithstanding section 64.04, any appeal of the planning director's decision to revoke or deny a temporary use permit shall be to the city manager pursuant to section 2-203 of this Code.

(Ord. No. 2008-21, § 5, 11-18-2008; Ord. No. 2019-06, § 2, 5-21-2019)

Editor's note— Ord. No. 2019-06, § 2, adopted May 21, 2019, renamed § 64.12 from "special events" to "temporary use permit."

(a)

Purpose. The purpose of this Section is to provide a uniform means for approving a conditional use in a zoning district where the conditional use is allowed by the applicable principal use table and provided, the use is so designed, located, and proposed to be operated so that the public health, safety, and welfare are protected. Conditional uses are 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.

(b)

General. This Section sets forth supplemental procedures, standards, and related information for conditional use applications reviewed under this Article. The following subsections in Sec. 64.13(c) provide the steps in the standard procedure set forth in Sec. 65.23, Standard procedures, is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard procedures.

(c)

Conditional use review procedure.

(1)

Pre-application meeting. Applicable [See Sec. 64.08(a)].

(2)

Neighborhood workshop. Applicable [See Sec. 64.08(c)].

(3)

Application submittal and acceptance. Applicable [See Sec. 65.23(c)]. Applications may be initiated by a person that is the owner of the subject property, a person that has the property owner's written authorization, or the City, as property owner. The application shall contain information on a form prescribed by the Planning Director necessary to review the proposed conditional use and a major site plan application pursuant to Sec. 64.08 to be reviewed concurrently.

(4)

Application review procedures. Applicable [See Sec. 65.23(d)]. Planning Director causes a staff report on the application to be prepared, at a minimum, summarizes the application's consistency with the review standards in Sec. 64.13(d) below.

(5)

Public hearing scheduling and notice. Applicable [See Sec. 64.08(f),(g),&(h)].

(6)

Public hearing procedures. Applicable to general procedures and quasi-judicial public hearings [See Sec. 65.23(f)].

(7)

Planning and Zoning Board review and decision. Applicable to a final decision by the Planning and Zoning Board following a quasi-judicial public hearing [See Sec. 65.08(i)]. The Planning and Zoning Board's decision shall be based on the review standards in paragraph (d) below and shall be one of the following.

a.

Approval of the application subject to the concurrent site plan approval;

b.

Approval of the application subject to the concurrent site plan approval and any reasonable conditions to ensure conditional use consistency with the review standards of this Section; or

c.

Denial of the application.

(d)

Conditional use review standards. In determining whether to approve or deny a proposed conditional use, the City shall consider whether the applicant has provided, as part of the record of the quasi-judicial public hearing on the application, competent substantial evidence that the proposed conditional use:

(1)

Would be consistent with the applicable objectives and policies in the City's Comprehensive Plan;

(2)

Would comply with all applicable zoning district standards;

(3)

Would comply with all applicable use standards in Chapter 67, Use Specific Standards, and no variance shall be granted from these requirements;

(4)

Would avoid overburdening existing public facilities and services, including, but not limited to, streets, schools, potable water facilities, sewage disposal, stormwater management, and police and fire protection;

(5)

Would be appropriate for its location on an arterial or collector roadway or within a designated commercial district and the scale of the proposed use is compatible with the general character of surrounding lands and the uses permitted in the zoning district. 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 permitted uses for the property;

(6)

Would avoid significant adverse odor, noise, glare, and vibration impacts to abutting or nearby properties regarding refuse collection with dumpsters a minimum of 25 ft. from any abutting property zoned single-family residential, service delivery, parking and loading, signs, lighting, and other site elements;

(7)

Would adequately screen or buffer the use with a 20 ft. wide landscape buffer complying with the landscape specifications in Chapter 72, Article II, Landscaping, on property lines with abutting properties zoned single family residential, or otherwise minimize adverse visual impacts on adjacent lands with all on-site utility lines, including telecommunications and electric service, are located underground;

(8)

Would avoid significant deterioration of water and air resources, scenic resources, and other natural resources;

(9)

Would maintain safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, safe road conditions around the site, the level of service on collector or arterial roadways either abutting or connected to a roadway segment which serves as access to the site operates 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; and

(10)

Would comply with all other relevant City, State, and Federal laws and regulations.

(e)

Effect of approval. A development order approving a conditional use authorizes the submittal of an application for a building permit and any other application that may be required before the development authorized by the conditional use is constructed or established. The effective date of an approved conditional use shall commence upon termination of the 10-day appeal period or the appeal process, whichever is first.

(f)

Expiration.

(1)

A development order approving a conditional use shall automatically expire if the development authorized by the conditional use approval is not established or substantially commenced within two years after the date of the development order, or an extension of this time period that is authorized in accordance with Sec. 64.11(b), Extension of the duration terms of an approved site plan.

(2)

A development order approving a conditional use shall automatically expire if the authorized development is discontinued and not resumed for a period of one year.

(g)

Minor deviations. Subsequent applications for a building permit or other permits for the development authorized by a conditional use may include minor deviations from the approved plans and conditions. Such deviations, however, are limited to changes that the Planning Director determines:

(1)

Address technical considerations that could not reasonably be anticipated during the conditional use or site plan approval process; and

(2)

Have no material effect on the character of the approved conditional use and site plan. These may include, but are not limited to, the following:

a.

Structural alterations that do not significantly affect the basic size, form, style, and appearance of principal structures;

b.

Minor changes in the location and configuration of streets and driveways that do not adversely affect vehicular access and circulation on or off the site of the change;

c.

Minor changes in the location or configuration of buildings, parking areas, landscaping, or other site features;

d.

Minor changes in the location and configuration of public infrastructure facilities that do not have a significant impact on the City's utility and stormwater management systems; and

e.

Increases of five percent or less in the total number of parking spaces.

(h)

Amendment. The development order may be amended only in accordance with the procedures and standards for its original approval.

(Ord. No. 2023-16, § 2, 9-26-2023)

Editor's note— Ord. No. 2023-17, § 5, adopted September 26, 2023, repealed § 64.13 and Ord. No. 2023-16, § 2, adopted September 26, 2023, enacted a new § 64.13 as set out herein. Former § 64.13 pertained to home occupations and derived from Ord. No. 2008-21, § 5, adopted November 18, 2008.

Editor's note— Ord. No. 2023-17, § 5, adopted September 26, 2023, repealed § 64.14. Former § 64.14 pertained to community gardens and derived from Ord. No. 2013-25, § 3, adopted December 3, 2013.

Any lawful use of land or structures existing on May 16, 1978, and which has become a nonconforming use is hereby declared not to be in violation on May 16, 1978, the effective date of the ordinance from which this chapter is derived. Such a nonconforming use shall be subject to all of the provisions of this chapter, pertaining to its continuancy, change, and discontinuances.

(Ord. No. 86-43, § 1, 12-2-1986)

The nonconforming use of a building may be extended throughout any part of a building clearly designed for such use, but not so used at the effective date of this chapter, May 16, 1978. Any nonconforming use which occupies a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use may be extended to occupy any land outside the building, nor any additional building on the same plot, not used for such nonconforming use at the effective date of this chapter, May 16, 1978. The nonconforming use of land shall not be extended to any additional land not so used on the effective date of this chapter, May 16, 1978.

(Ord. No. 86-43, § 1, 12-2-1986)

No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered unless the use is changed to one which complies with the provisions of this chapter. Provided that repairs, maintenance, and improvement may be carried out each year in an amount not to exceed 25 percent of the assessed value of the building for that year, and provided such work does increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increase the number of dwelling units. Nothing in this chapter shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by a nonconforming use.

(Ord. No. 86-43, § 1, 12-2-1986)

No nonconforming structure (as opposed to a structure used for nonconforming use) shall be added to or altered in a fashion so as to increase the extent to which the structure is in violation of applicable regulations. A nonconforming structure may be added to or altered only if such alteration or addition does not, in itself, constitutes a further violation of existing regulations.

(Ord. No. 86-43, § 1, 12-2-1986)

In [If] any conforming structure, or building in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe to such an extent that the cost of rebuilding, repair, and reconstruction will exceed 50 percent of its assessed valuation for the year in which it suffered the foregoing, it shall not be again used or reconstructed for any use except one permitted as a new use in the district in which it is located. For the purposes of this section, conditional uses which are existing or approved as of March 5, 1991, which are no longer included as conditional or permitted uses in that zoning district shall be considered permitted uses and shall be allowed to be reconstructed in the event that any or all of the structure approved for a conditional use is destroyed. Reconstruction shall conform with the current Code of Ordinances and all other development guidelines in effect at the time of reconstruction.

Further, small additions to buildings occupied by conditional uses that were existing or approved as of March 5, 1991, may be approved subject to the following:

(1)

The floor area ratio of the existing building(s) shall not exceed 0.2. Further, any additions to any building(s) shall not result in a floor area ratio that exceeds 0.2.

(2)

The total additions allowed on a site shall be a maximum of 1,000 square feet.

(3)

The addition shall not result in the site becoming non-complying with other development guidelines, including the provisions regulating conditional uses.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-08, § 2, 3-5-1991; Ord. No. 99-04, § 2, 3-16-1999)

A nonconforming use of land or building shall not be changed to any other use except one which would be permitted as a new use in the district in which the land or building is located. Where a conditional use is made nonconforming by Code changes implemented on March 5, 1991, a change of use shall not occur except within the same use category as originally approved, or to a use that is less intensive based on parking demand, or to a permitted use. If an approved conditional use is changed to a less intensive use, there shall be no prohibition against subsequent changes of use which are of the same intensity of parking as the originally approved use; provided, that the proposed use was listed as a permitted or conditional use in the zoning district in which it is located prior to March 5, 1991.

(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 91-08, § 2, 3-5-1991)

(a)

If, for any reason, a nonconforming use of land ceases or is discontinued for a period of more than six months, the land shall not thereafter be used for a nonconforming use.

(b)

If, for any reason, the nonconforming use of a building ceases or is discontinued for a period of six months or more, the building shall not thereafter be used for a nonconforming use.

(c)

Any part of a building, structure, or land occupied by a nonconforming use, which use is abandoned for a period of six months or more, shall not again be occupied or used for a nonconforming use.

(d)

Any part of a building, structure, or land occupied by a nonconforming use, which is changed to or occupied by a conforming use, shall not thereafter be used or occupied by a nonconforming use.

(Ord. No. 86-43, § 1, 12-2-1986)

(a)

For purposes of this section, the following words and phrases shall have the following meanings respectively ascribed to them:

Density: The measure of the intensity of residential development per unit area of land expressed in the land development regulations and the comprehensive land use plan as the number of dwelling units per acre, or in the case of hotels or motels, the number of rooms per acre.

Just valuation/just value: The most recent just value of building improvements as determined by the Indian River County Property Appraiser for a structure or all structure on the premises.

Nonconforming structure: A principal or primary structure that was legally permitted at the time of its construction prior to subsequent changes in the code or land development regulations which changes would no longer permit the re-establishment of such structure, including nonconformity with current density, floor area ratio, off-street parking, structure setback, open space, lot coverage, or use area requirements or restrictions.

Use area: An area on the premises outside of the primary structure envelope for which a use other than parking was permitted in conjunction with the use of the primary structure at the time the damage occurred that made this section applicable to the structure or premises.

(b)

Any structure that is nonconforming, by virtue of exceeding, the height limitations of 35 feet as established on April 7, 1987, may be restored to the height previously authorized by the city should such structure be involuntarily destroyed or damaged by fire, flood, explosion, collapse, wind, war, or other sudden catastrophe.

(c)

The following regulations shall apply and are limited to premises in the C-1A and C-1B commercial zoning districts upon which one or more nonconforming structures exist:

(1)

Single structure. Upon proof by competent substantial evidence provided to the city that a nonconforming structure is involuntarily destroyed or damaged by fire, flood, explosion, collapse, wind, war, or other sudden catastrophe in excess of 50 percent of the just valuation of the structure, such nonconforming structure may be repaired, reconstructed, or otherwise replaced in similar or different configuration or location on its premises consistent with its pre-damage nonconforming conditions, including any or all nonconformities as to density, floor area ratio, off-street parking, structure setback, open space, lot coverage, and use area requirements or restrictions.

(2)

Multiple structures. Upon proof by competent substantial evidence provided to the city that one or more structures, on premises with multiple structures thereon, is involuntarily destroyed or damaged by fire, flood, explosion, collapse, wind, war, or similar sudden catastrophe in excess of 50 percent of the total just valuation for all structures on the premises combined, any or all of the structures may be repaired, reconstructed, or otherwise replaced in similar or different configuration or location on the premises whether or not all structures on the premises are nonconforming. Any nonconforming structure existing on such premises may be repaired, reconstructed or replaced on the premises consistent with its nonconforming conditions existing at the time of the damage to the structures on the premises, including any or all nonconformities as to density, floor area ratio, off-street parking, structure setback, open space, lot coverage, and use area requirements or restrictions.

(3)

Any variances, special exceptions, conditional uses, and licenses previously granted by the city for premises or structures to which this subsection (c) applies shall continue in force to the extent necessary for the redevelopment of the premises or repair, reconstruction or replacement of a structure. An existing variance, special exception, conditional use, license, or nonconformity shall not preclude an application for or approval of an additional or different variance, special exception, or license.

(4)

Any structure or premises that included retail use on the ground floor at the time of destruction or damage shall retain on the ground floor a minimum of 80 percent of such retail use square footage of the structure or structures being repaired, reconstructed or replaced, or the premises redeveloped pursuant to this subsection (c).

(5)

Except as provided in this section, any redevelopment of premises or reconstruction or replacement of a structure pursuant to any provision of this subsection (c) shall conform to the land development regulations, Florida Building and Life Safety Codes, flood elevation and flood proofing requirements, Coastal Construction Control Line regulations, applicable Americans with Disabilities Act (ADA) regulations, and any other applicable regulation or law in effect at the time of redevelopment of the premises or reconstruction or replacement of the structure.

(6)

Any redevelopment of premises or reconstruction or replacement of a structure pursuant to any provision of this subsection (c) shall conform to the landscape requirements of the code and the land development regulations to the fullest extent possible.

(d)

No redevelopment of premises, or repair, reconstruction or replacement of a nonconforming or conforming structure pursuant to any provision of this section shall be permitted that would create an additional nonconformity or increase the extent of any previously existing nonconformity. However, this subsection (d) shall not be interpreted to prohibit the granting of a new or additional variance, special exception, or license upon proper application and approval consistent with the code and the land development regulations.

(e)

A site plan application and approval through the site plan review process provided in the land development regulations shall be required for redevelopment of premises, or reconstruction or replacement of a structure pursuant to any provision of this section. Repairs that do not alter or otherwise affect the structure location, dimensions, area, or cubical content, or configuration of the structure or premises, as existed pre-damage, shall not require site plan application and review, but may be reviewed administratively.

(f)

The burden shall be on the applicant to establish by competent substantial evidence the location, dimensions, area and cubical content of a structure as it existed pre-damage. The city may require reasonable supporting information from the site plan applicant, including without limitation, pre-existing and new surveys, copies of pre-existing building plans and proposed building plans, certified copies from the public records of Indian River County, records of the Indian River County property appraiser, affidavits of disinterested witnesses, and any other data or documentation that will reasonably establish the extent of any nonconformity relied upon and the applicant's entitlement to reconstruct such nonconformity, as well as any previously granted variance, special exception, conditional use, or license relied upon by the applicant.

(g)

Implementation and time limitations. The provisions of this section shall operate to grant the relief provided only if a substantially complete site plan application or a letter of intent to submit a site plan application for proposed reconstruction or redevelopment pursuant to this section is submitted to the planning and development department within one year from the date of adoption of this ordinance or the date the structure or premises damage occurs, whichever date is later. A timely submitted letter of intent shall be deemed to have been abandoned six months after the date of its submittal, unless before then a substantially complete site plan application for the proposed reconstruction or redevelopment has been submitted to the planning and development department for review. One or more extensions of time for periods of not more than six months each may be allowed by the planning and development director for submittal of the site plan application, provided the extension is requested in writing and justifiable good cause is demonstrated for such extension of time.

(h)

The provisions of this section shall govern should any other provision of the code or the land development regulations be in conflict herewith.

(Ord. No. 87-40, § 1, 5-19-1987; Ord. No. 2005-15, § 1, 11-29-2005)

(a)

Any sites made noncompliant or uses made nonconforming by zoning ordinance changes that were implemented on June 3, 2003 shall be considered conforming for the purposes of reconstruction if said noncompliant site(s) and said structure(s) used for a nonconforming use are involuntarily damaged by fire, flood, explosion, collapse, wind war or other catastrophe.

(b)

Conformity for the purposes of this section is temporarily in effect from the date of passage of this ordinance [the ordinance from which this section derives] until further action on such noncompliance or nonconformance is taken by the city council.

(Ord. No. 2003-19, § 1, 6-3-2003)

Any lot or parcel of land, or structure or other improvement located thereon, that is made nonconforming with the land development regulations of the city, part III of this Code, on or after May 1, 2009, as a result of eminent domain proceedings instituted by the city or other condemning authority, or through voluntary conveyance by such lot or parcel owner in lieu of formal eminent domain proceedings, shall be deemed to be conforming for all purposes under the land development regulations of the city without the necessity for a variance, but only to the extent that such lot, parcel, structure, or other improvement was otherwise conforming to said regulations at the time of such eminent domain or voluntary conveyance and only so long as any such nonconformity is not expanded, increased, or enlarged in any manner. Any structure or site improvement subject to this section may be rebuilt, relocated, reconstructed, expanded or enlarged so long as such rebuilding, relocation, reconstruction, expansion or enlargement does not further expand, increase, or enlarge the nonconformity.

(Ord. No. 2009-16, § 1, 9-15-2009)

(a)

Except for uses of land or buildings, any lot, parcel, structure, or site improvement located within an area annexed into the city after May 1, 2009, which is nonconforming with the land development regulations of the city, part III of this Code, shall be considered conforming to such regulations without the necessity for a variance, so long as any such nonconformity is not expanded, enlarged, or increased in any manner and the lot, parcel, structure, or site improvement was conforming to the Indian River County land development regulations at the time of annexation.

(b)

Any use of land or buildings not conforming with the uses permitted in the land development regulations of the city, part III of this Code, even if conforming with Indian River County's land development regulations at the time of annexation, shall be considered nonconforming and subject to all the provisions of chapter 64, article II of this Code, governing nonconforming uses.

(Ord. No. 2009-16, § 2, 9-15-2009)

This article allows for 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.

(Ord. No. 2019-06, § 3, 5-21-2019)

The following words and phrases shall have the following definitions when used in this Article:

(a)

Farmers' market. A public market held in a structure or open area where farmers primarily sell produce and other farm products they have grown, gathered, or raised directly to consumers. A farmers' market as a principal use occurs regularly for all or most of the year, whereas a farmers' market as a temporary use occurs occasionally or periodically for only a limited time period during the year.

(b)

Garage or yard sale. The temporary and occasional use of the garage or yard of a residential dwelling for the casual sale of miscellaneous items of personal property to the general public, also known as estate or rummage sales.

(c)

Mobile food dispensing vehicle. A vehicle used as a public food service establishment mounted on wheels and axle(s) that is movable from place to place and includes self-contained utilities, such as gas, water, electricity, and liquid waste disposal, also known as a food truck.

(d)

Mobile food establishment. A temporary food service establishment from a tent, truck, vending cart, or other area outside of a permanent structure, is readily movable, and is secondary to or incidental to the principal permitted use or structure existing on the property.

(e)

Restroom, public. A room or other enclosure containing flushable toilet(s) and lavatory(s), as required by Florida Building Code, intended for public utilization for employees, customers, patrons and visitors to an establishment, facility, or building.

(f)

Special event. A special event means any occasion, including, but not limited to, exhibitions, celebrations, festivals, special sales events, shows, and other activities taking place on nonresidential private property, that involves on a temporary basis, the occupation of land and/or construction of improvements not identified in an approved site plan or other development approval. Special events shall not include activities to be conducted entirely within public parks or on public right-of-way or vacant property.

(g)

Temporary construction-related structure or storage facility. A temporary structure or storage facility that is associated with construction—including storage buildings, construction waste and recycling receptacles, temporary sanitation facilities, outdoor storage, and employee parking areas—and located on or adjacent to the construction site.

(h)

Temporary factory-fabricated portable building. A building constructed in a factory that is designed to arrive at a site ready for occupancy (except for minor unpacking and connection to utilities) and to be readily relocated to another site immediately following its use.

(i)

Temporary model sales home/unit. A dwelling, dwelling unit, or other marketable unit of a new development that is used for real estate sales or leasing activities associated with the development pending construction of the development and the initial sales of homes or units in the development.

(j)

Temporary not-for-profit carwash. A temporary occasional provision of car washing services to the general public as a fund-raising project by or on behalf of a charity or not-for-profit organization.

(k)

Temporary outdoor promotional activities and sidewalk sales. The display and sale of goods and services outside of a building or structure by businesses located the premises, including garden supplies, motor oil, food and beverages, boats, building and landscape materials, and similar materials or items.

(l)

Temporary portable storage unit. A transportable unit designed and used primarily for temporary storage of building materials, household goods, personal items, and other materials for use on a limited basis.

(m)

Temporary use. A use established for a temporary period of time with the intent to discontinue such use on the expiration of the time period.

(n)

Temporary use of an accessory structure as a principal dwelling after a catastrophe. A temporary use of an accessory structure as a principal dwelling after a catastrophe is the temporary use of an existing structure that is accessory to an existing principal dwelling as the principal dwelling pending repair or reconstruction of the principal dwelling, where the principal dwelling has been damaged or destroyed by a fire, hurricane, or other physical catastrophe.

(o)

Temporary use permit. A development permit authorizing certain temporary uses that is applied for, reviewed, and decided in accordance with Sec. 64.12, Temporary Use Permit.

(Ord. No. 2019-06, § 3, 5-21-2019; Ord. No. 2022-01, § 2, 1-4-2022)

The following activities are prohibited in all districts:

(a)

Retail sales or display of goods, products, or services within the public right-of-way, except as part of an authorized special event.

(b)

Retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container, except as part of an authorized special event or mobile food establishment.

(Ord. No. 2019-06, § 3, 5-21-2019; Ord. No. 2022-01, § 2, 1-4-2022)

Unless otherwise specified in this Code, any temporary use or structure shall:

(a)

Obtain a temporary use permit (if required) and any other applicable city, county, or state permits;

(b)

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(c)

Be compatible with the principal uses taking place on the site;

(d)

Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;

(e)

Not include permanent alterations to the site;

(f)

Meet all the setback requirements of the zoning districts;

(g)

Comply with temporary signage standards in Chapter 38, Article I, Signs;

(h)

Not maintain temporary signs associated with the temporary use or structure after the activity ends;

(i)

Not violate the applicable conditions of approval that apply to a site or a use on the site;

(j)

Not interfere with the normal operations of any permanent use located on the property; and

(k)

Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, traffic movement without disturbing environmentally sensitive lands.

(Ord. No. 2019-06, § 3, 5-21-2019)

(a)

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

(1)

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

(2)

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

(3)

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

(b)

Temporary Use/Structure Table for Residential Districts.

* Only permitted on nonresidential use property

(c)

Temporary use/structure table for nonresidential districts.

(Ord. No. 2019-06, § 3, 5-21-2019; Ord. No. 2021-04, § 4, 4-20-2021; Ord. No. 2022-01, § 2, 1-4-2022)

(a)

Farmers' market (as a temporary use). A farmers' market operating as a temporary use shall comply with the following standards:

(1)

Operate on one (1) day per week on a single site.

(2)

Renew all applicable temporary use permits once per calendar year.

(3)

Be limited to the retail sale of fresh fruits and vegetables, herbs, mushrooms, nuts, honey, raw juices, molasses, dairy products, eggs, poultry, meats, fish, shellfish, fresh-cut or dried flowers, nursery stock, seedlings, plants, and other agriculture, aquaculture, and horticulture products produced by the vendor/producer, including the sale of products made by the vendor/producer from such agriculture, aquaculture, and horticulture products (e.g., baked goods, jams and jellies, juices, cheeses) and incidental sales of crafts or similar home-made products made by the vendor/producer.

(4)

Provide adequate ingress, egress, and off-street parking areas.

(b)

Garage or yard sale. A garage or yard sale is allowed as a temporary use provided it complies with the requirements in Subpart A, Chapter 62, Article V, Household Sales of the Code of Ordinances, as amended.

(c)

Mobile food establishment. The following requirements apply to mobile food establishments:

(1)

General mobile food establishment operating requirements. All mobile food establishments operating in the City of Vero Beach shall comply with the following requirements

a.

Mobile food establishments are not required to obtain any local licenses, registrations, permits or pay any operating fees from the City of Vero Beach.

b.

Mobile food establishments shall comply with all requirements of the most current edition of the Florida Fire Prevention Code (FFPC) and the National Fire Protection Association (NFPA). Upon inspection, if the fire marshal or his designee determines any violations of the FFPC or NFPA exists, the mobile food establishment can be required to cease operations immediately.

c.

The selling or distributing of alcoholic beverages from a mobile food establishment must be in accordance with Chapter 6, Alcoholic Beverages, of the Code of the City of Vero Beach. The establishment must also have a valid state license to sell alcoholic beverages, and be able to provide a copy upon request.

d.

Under no circumstances shall grease or any waste materials be released into any stormwater system, tree landscaping area, sidewalks, streets, parking lots, or private/public property. Mobile food establishments shall be responsible to properly discard any waste material in accordance with federal, state, county, municipal, or any laws, rules, regulations, orders, or permits.

e.

Any person engaged in selling, preparing, or dispensing food from a mobile food dispensing vehicle shall obtain the appropriate approvals and licenses from the State of Florida Department of Business and Professional Regulations, (DBPR), Florida Department of Health, and/or the Florida Department of Agriculture and Consumer Services before operating, and be able and willing to provide copies of all approvals and licenses upon request.

f.

The mobile food establishment shall make the mobile food dispensing vehicle available for routine inspections by the Fire Marshal, Building Inspector, or Code Enforcement Officer at any time requested and at any frequency deemed appropriate, while at location or in operation, to ensure compliance with all applicable federal, state, and local fire safety statutes, regulations and codes, and local regulations of this section.

(2)

Mobile food establishments conducting business in conjunction with an approved temporary use permit for a special event, pursuant to Sec. 64.45(d), or events held on city-owned public property shall comply with all standards and requirements as established by the event coordinator, in addition to any applicable state regulatory agency's regulations and the general mobile food establishment operating requirements above.

(3)

Mobile food dispensing vehicles. Mobile food establishments operating from a mobile food dispensing vehicle may operate without a temporary use permit in the zoning districts allowed by Sec. 64.44, in accordance with the following standards:

a.

The mobile food establishment shall only occur on nonresidential use property with a minimum parking lot of 15 spaces with an approved parking area surface pursuant to Sec. 63.10. The host site of the mobile food establishment shall be in compliance with the required off-street parking ratios for the uses on the site pursuant to Sec. 63.04, Parking ratios.

b.

Limitation on the total number and hours of operation.

i.

Mobile food establishments shall not require the use of more than twenty (20) percent of existing parking spaces on the site and shall not have more than two (2) mobile food dispensing vehicles operating at any one time, except as may be permitted as part of an approved temporary use permit for special event as regulated in Sec. 64.45(d).

ii.

Mobile food establishments shall only operate during business hours of the host location or property, except as may be permitted as part of an approved temporary use permit for special event as regulated in Sec. 64.45(d).

c.

Operating requirements.

i.

Mobile food establishments shall have the written consent of the owner(s) of the property on which it is located. Such written permission shall be available upon request by the representative of any regulating agency.

ii.

Mobile food establishments are responsible for all trash, debris, or litter generated from its operation. Mobile food dispensing vehicles shall be self-contained when operating, and provide their own required trash and/or recycling receptacles, and receptacles for public use. Mobile food establishments shall remove all waste and trash at the end of each day of operation, and prior to vacating their location, and fully comply with F.A.C. Rule 61C-4.0161.

iii.

Mobile food establishments operating at a site for a duration longer than three (3) hours shall have an agreement which confirms that employees have access to a public restroom on the site of the establishment's location during the hours of operation.

iv.

In addition to the location of the mobile food dispensing vehicle, a 10-foot by 10-foot area, covered or uncovered, may be permitted to accommodate seating and tables, if approved by the property owner.

d.

Prohibitions. Mobile food establishments operating a mobile food dispensing vehicle without a temporary use permit are prohibited from the following:

i.

Serving from a free-standing grill.

ii.

Operating in a driveway, driveway aisle, loading zone, no parking zone, fire lane, blocking fire hydrants or any other fire protection devices and equipment, or American with Disabilities Act (ADA) accessible parking spaces and/or accessible ramps.

iii.

Operating in a location that impedes on-site circulation of motor vehicles, obstruct or block the view of motor vehicles using driveways, the ingress or egress of a building, or emergency exits.

iv.

Operating at abandoned or vacant business locations, and in any approved landscape buffer or stormwater retention area.

v.

Use of sound amplification in violation of Chapter 38, Article III, Noise Control of the Code of the City of Vero Beach.

vi.

Using prohibited signs listed in Sec. 38.17, Prohibited signs, such as pennants, balloons, streamers, discs, festooning, tinsel, strings of ribbons, whirligigs, inflatable objects, cut out figures, beacons, and fixed aerial signage or similar attention-getting devices to attract customers.

(d)

Special events. A special event shall comply with the following standards:

(1)

The special event shall only occur on nonresidential use property.

(2)

Limitation on the total number and length of special events. No property shall have more than a cumulative total of three (3) such events in any calendar year. The total number of days for all special events on the property shall not exceed thirty (30) days in any calendar year, except for Christmas tree sales. Christmas tree sales may commence no earlier than November 16 and end no later than December 30.

(3)

Permit conditions. Every special events permit shall have the following conditions and any other conditions that may be required by the planning director or other appropriate authority to address a particular issue related to protecting the public health, safety, or general welfare of the public and the protection of the environment:

a.

The activity, display and/or sales areas shall not interfere with the approved vehicular circulation system as specified on the approved site plan for the subject property.

b.

The area of activity, display, and/or sales areas shall not occupy more than ten (10) percent of the required on-site parking spaces, except where the special event is conducted outside of normal business hours for the approved uses on the site.

c.

Applicable building, electrical, mechanical, and/or health permits shall be obtained for any temporary structures, utilities, and health and sanitation facilities.

d.

The maximum hours of operation shall be limited to the period from 7:00 a.m. to 10:00 p.m. daily, except may be as further limited by the planning director to protect the public health, safety, or general welfare, including limiting adverse impacts on adjacent residential uses.

e.

Any tent used for an activity, display, or sales shall be approved by the fire marshal for fire resistance.

f.

All temporary structures and utilities for the special event shall be removed and the site returned to its original condition by no more than one (1) day after the last day of the event.

(e)

Temporary construction-related structure or storage facility.

(1)

All temporary construction-related structures and storage facilities shall not be moved onto the project site prior to the issuance of a building permit and shall be removed within thirty (30) days after issuance of the final certificate of occupancy for the constructed development.

(2)

A temporary construction-related structure or storage facility may be placed on a property adjacent to the construction site if site constraints make it infeasible to locate the structures or facilities on the construction site, provided the adjacent site is restored to its previous condition within sixty (60) days after issuance of the final certificate of occupancy of the constructed development.

(3)

Parking for employees of the temporary construction-related structure and storage facility shall be provided.

(4)

Construction site fencing may remain in place provided the building permit remains active and has not expired.

(f)

Temporary factory-fabricated portable building. A temporary factory-fabricated transportable building shall comply with the following standards:

(1)

The building may be placed on a parcel and temporarily used only for the following uses:

a.

Temporary on-site expansion of classroom space for an existing school or other education use as an alternative means of meeting growing classroom needs or pending implementation of city-approved plans for the permanent expansion of classroom space.

b.

Temporary on-site expansion of space for an existing community services use, government administrative offices, health care use, place of worship, or other community-serving institutional use (other than education uses) pending implementation of city-approved plans for the permanent expansion of existing facilities.

c.

Temporary on-site office space for construction management and security uses during construction of new development in accordance with city-approved plans.

d.

A temporary on-site space for real estate sales or leasing activities associated with a new development pending construction of the development.

e.

Temporary on-site space for recreational use for a new residential development pending construction of permanent recreational facilities approved by the city as part of the development.

f.

A temporary building providing temporary quarters for the occupants of a principal dwelling or nonresidential building damaged or destroyed by a fire, hurricane, or other physical catastrophe while the dwelling or building is being repaired or reconstructed.

(2)

Except as otherwise provided in this Code, the temporary building may be located anywhere on the site except within the following areas:

a.

Existing required landscaping or perimeter buffer areas;

b.

Areas designated as future required landscaping areas, whether or not vegetation currently exists; and

c.

Other areas designated on the site for open space, vehicular access, or parking.

(3)

Adequate off-street parking for the temporary building use shall be provided in accordance with the minimum standards for number of off-street parking spaces in Chapter 63, Off-Street Parking and Loading Requirements.

(4)

All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained before placement of the temporary building.

(5)

The temporary building shall be compatible with any existing buildings on the site in terms of exterior color. Bright, luminescent, or neon colors and highly reflective surfaces are prohibited.

(6)

Applicant shall have an active site plan application or approval for the development of the permanent facilities for the temporary building use.

(7)

The temporary building shall be removed from the site within thirty (30) days after issuance of the final certificate of occupancy for the permanent expansion, new development, permanent recreation facility, permanent facility, or repaired or reconstructed dwelling/building, as appropriate.

(g)

Temporary model sales home/unit. A single model sales home/unit may be located on a new development site and temporarily used for sales or leasing uses associated with the development, subject to the following standards:

(1)

A model sales home shall be located on a parcel or building site approved as part of the site plan, and a model sales unit shall be located within a building approved as part of the development.

(2)

Adequate off-street parking for the real estate sales/leasing use of the model sales home/unit shall be provided, in accordance with the minimum standards for number of off-street parking spaces in Chapter 63, Off-Street Parking and Loading Requirements.

(3)

One (1) model home may be constructed for every twenty (20) parcels, or one (1) model home for every fifteen (15) parcels if the model homes are contiguous to each other under construction, up to a maximum of three (3) model homes for a subdivision.

(4)

A model sales home/unit may be used for temporary sales/leasing until such time as the last lot in the subdivision is developed.

(5)

On termination of the temporary real estate sales/leasing use of a model sales home/unit, the home/unit shall be converted into, or removed and replaced with, a permanent permitted use, and any excess parking shall be removed and landscaped in accordance with Chapter 72, Article II, Landscaping.

(6)

No model home may be constructed or occupied prior to preliminary plat approval by the city.

(7)

No model home may be converted to a single family unit and occupied until all subdivision improvements are accepted in accordance with Chapter 70, Subdivisions.

(8)

Temporary structures such as modular buildings may be allowed as a temporary sales office, only while the model home is being constructed in accordance with this section. There shall be no more than one (1) temporary sales office per subdivision.

(9)

City water and wastewater facilities shall be operating.

(10)

A stabilized road access shall be in place.

(11)

A model sales home shall not be used for storage of building materials.

(12)

If the space for a required garage has been converted to space for purposes other than a garage, the space must be converted back to a residential garage and equipped with a standard garage door prior to the sale and use of the home as a dwelling unit.

(h)

Temporary not-for-profit car wash. Temporary not-for profit car wash services shall comply with the following standards:

(1)

The use shall be limited to no more than one (1) day per week and a total of fourteen (14) days per calendar year, per individual site.

(2)

The use shall comply with National Pollutant Discharge Elimination System (NPDES) requirements for mobile vehicle washing, including use of containment booms or storm drain covers and mats to prevent wastewater from entering a stormwater drain.

(i)

Temporary outdoor promotional activities and sidewalk sales. The sale and promotion of goods and services made available by businesses located on the premises are permitted subject to the following:

(1)

Activities held on the adjacent public sidewalk may be held for up to three (3) consecutive days up to three (3) times per calendar year.

(2)

Activities that do not obstruct parking and are held on private property may be held for up to ten (10) consecutive days up to three (3) times per calendar year.

(j)

Temporary portable storage unit. Temporary storage in a portable storage unit may be permitted to serve an existing use on the same parcel, subject to the following standards:

(1)

Number. No more than two (2) units shall be located on a parcel.

(2)

Size. No unit shall be more than eight (8) feet wide, sixteen (16) feet long, or eight (8) feet high.

(3)

Duration.

a.

No unit shall be placed on a parcel in a residential zoning district for more than seven (7) consecutive days, or for more than fourteen (14) days within any calendar year.

b.

No unit shall be placed on a parcel in a nonresidential zoning district for more than fourteen (14) consecutive days, or for more than twenty-eight (28) days within any calendar year.

c.

In the C-1 zoning district, a portable storage unit may be placed on a parcel during the holiday season (October 15 to January 15).

(4)

Location.

a.

In a residential zoning district, a unit may be placed only in a driveway or, if alley access to the rear of the lot exists, in the rear yard. If no driveway or alley access to the rear of the lot exists, a unit may be placed in the front yard of the lot provided Planning Director determines that such placement does not obstruct the free, convenient, and normal use of the public right-of-way.

b.

In a nonresidential district, a unit may be placed only in the rear yard or side yard. In no case may a unit be placed in the front yard, in any front parking lot of a commercial use, or in fire lanes, passenger loading zones, commercial loading areas, or public rights-of-way.

(5)

Removal upon hurricane warning. Notwithstanding the time limitations established in subparagraph (3) above, all portable storage units shall be removed immediately upon issuance of a hurricane warning by a recognized government agency.

(6)

Maintenance and security.

a.

The owner and operator of the lot containing a portable storage unit shall ensure that the unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks.

b.

The unit shall be kept locked when not being loaded or unloaded.

(7)

Hazardous materials prohibited. The owner and operator of the lot containing a portable storage unit shall ensure that no hazardous material is stored within the unit.

(k)

Temporary use of an accessory structure as a principal dwelling after a catastrophe. An existing structure that is accessory to an existing principal dwelling that has been damaged or destroyed by a fire, hurricane, or other physical catastrophe may be temporarily used as the principal dwelling on the parcel while the damaged or destroyed principal dwelling is being repaired or reconstructed, provided it meets the following standards:

(1)

The building or inhabited part thereof shall meet all applicable building, health, and other regulations for a habitable dwelling.

(2)

The building shall comply with any additional standards set forth in a declaration of emergency issued by authorized officials in response to the catastrophe.

(3)

The building shall be removed or converted to an authorized accessory use within thirty (30) days after issuance of the certificate of occupancy for the permanent principal dwelling. In no case shall the building be used as the principal dwelling for more than two (2) years unless authorized by a longer time period set forth in a declaration of emergency issued by authorized officials in response to the catastrophe.

(Ord. No. 2019-06, § 3, 5-21-2019; Ord. No. 2022-01, § 2, 1-4-2022)