Standards for a specific principal, accessory or temporary use shall apply to the particular individual principal, accessory, or temporary use regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Code. This Chapter is intended to set forth and consolidate the standards for all principal, accessory, and temporary uses for which a reference to this Chapter is provided in the "Use-Specific Standards" column of the principal, accessory or temporary use tables in Chapter 61, Residential Districts or Chapter 62, Nonresidential Districts. These standards may be modified by other applicable standards or requirements in this Code.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)

(a)

Dwellings, artist guest home. An artist guest home, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for single-family or duplex residential development and with the following standards:

(1)

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

(2)

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

(3)

The dwelling unit may be used for an artist studio.

(b)

Dwellings, group court. A group court dwelling, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and with the following standards:

(1)

The dwelling structures shall be grouped around a common courtyard.

(2)

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

(3)

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

(c)

Dwellings, live/work unit. A live/work dwelling unit, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and with the following standards:

(1)

The residential portion of the building shall occupy no more than 65 percent of the gross floor area.

(2)

The nonresidential portion of the building shall be located on the ground floor.

(3)

The nonresidential portion of the building shall comply with all applicable nonresidential Building Code and business licensing requirements.

(4)

Employees shall be limited to occupants of the residential portion of the building plus up to two persons not residing in the residential portion.

(5)

Drive-through service is prohibited as an accessory use.

(6)

The non-residential use shall provide required parking applicable to the non-residential use pursuant to Chapter 63, Off-Street Parking and Loading Requirements.

(d)

Dwellings, multi-family. A multi-family dwelling, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and with the following standards:

(1)

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

(2)

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

(e)

Dwellings, single-family attached. A single-family attached dwelling, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and with the following standards:

(1)

The development shall be developed with individual platted lots or parcels as a platted-over subdivision pursuant to Ch. 70, Subdivisions.

(2)

Platted lot lines in a platted-over subdivision dividing individual dwelling units shall run along the centerline of the common wall between the units.

(3)

Required off-street parking spaces may be located in a combined parking area for each multi-dwelling building.

(4)

Deed restrictions shall be filed for each single-family attached dwelling subdivision that require establishment of a cooperative maintenance system, governed and operated by the owners of individual units, to ensure the cooperative maintenance of any common areas and facilities. Legal instruments proposed to establish the deed restrictions shall be submitted with the platted-over subdivision application.

(f)

Dwellings, upper story (above non-residential use). An upper-story dwelling, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

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

(2)

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

(g)

Dwellings, zero lot line. A zero lot line dwelling, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and with the following standards:

(1)

The development shall be developed with individual platted lots or parcels as a platted-over subdivision pursuant to Ch. 70, Subdivisions.

(2)

The dimensional standards in Table 67.1, Modified Dimensional Standards for Zero Line Subdivisions, shall apply to zero lot line subdivisions.

Table 67.1: Modified Dimensional Standards for Zero Lot Line Subdivisions

(3)

Each lot in a zero lot line subdivision shall have one interior side lot line designated on the subdivision plat as its zero lot line, which shall be the same side lot line (i.e., right or left) relative to the fronts of all lots within the same blockface, provided that no lot line abutting a right-of-way (front yard) or a side lot line forming the perimeter of the zero lot line subdivision site shall be designated a zero lot line. One side of a dwelling on a zero lot line lot shall be sited along the designated zero lot line.

(4)

A four-foot-wide maintenance easement shall be provided on the adjoining lot, running along and around the corners of the dwelling located along the zero lot line. Roof overhangs may extend up to 2 feet into the easement provided the roof and roof drainage facilities are designed to limit water runoff from the roof to the area of the maintenance easement. Fences or walls are prohibited within the easement.

(5)

The dimensional standards for multi-family development of the applicable zoning district shall apply to the perimeter of the platted-over subdivision.

(6)

Accessory structures, such as open patios, swimming pools, sheds, and trellises, shall be located in the rear yard and comply with the side yard setback of the primary structure and be set back five feet from the rear lot line.

(7)

Fences or walls not exceeding six feet in height may be located in the rear yard along the side and rear lot lines.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)

(a)

Assisted living facilities. An assisted living facility, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and with the following standards:

(1)

Each room unit shall include at least 200 square feet of living space, which shall include a full bathroom and at least 80 square feet of sleeping space (if designed for single occupancy) or 60 square feet of sleeping space per bed (if designed for multiple occupancy).

(2)

The facility shall comply with the density standards for the maximum number of rooms.

(3)

The facility shall comply with all applicable State regulations regarding the licensing and operation of assisted living facilities.

(b)

Community residential homes: A community residential home with seven (7) to fourteen (14) residents, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and with the following standards:

(1)

The sponsoring agency shall provide the following information to the Planning Director in writing and include in such notice:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

(2)

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

a.

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

i.

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

ii.

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

b.

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

i.

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

ii.

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

iii.

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

c.

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

i.

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

ii.

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

iii.

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

(3)

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

(c)

Continuing care retirement communities. A continuing care retirement community facility, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for multi-family residential development and the major component parts of a continuing care retirement community shall each comply with the standards applicable to the principal use most closely representing the component, for example, nursing home facility standards for the skilled nursing services components, assisted living facility standards for assisted living services component, and single-family, duplex, and/or multifamily dwelling standards, as appropriate, for the independent living component.

(d)

Group homes: A group home meeting the definition of a community residential home with six (6) or fewer residents, as defined in F.S. § 419.01(2), where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for single-family detached residential development and with the following standards:

(1)

The sponsoring agency shall provide the following information to the Planning Director in writing and include in such notice:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

(2)

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

a.

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

i.

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

ii.

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

b.

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

i.

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

ii.

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

iii.

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

c.

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

d.

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

(3)

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

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)

(a)

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

(1)

The facility shall comply with the density standards for the maximum number of dwelling units.

(2)

All dwelling units in a hotel condo facility shall be considered transient units and not as a residential dwelling unit.

(3)

A central management operation (reservation system) shall be required as an integral part of the hotel condo facility for the dwelling units.

(4)

There shall be a lobby with a front desk area within the facility and must be operated as a hotel.

(5)

Dwelling units in a hotel condo facility may not be occupied by their owner for more than a total of five months in any calendar year.

(6)

The accessory uses to the hotel condo dwelling facility shall comply with the accessory standards for hotels and motels in Sec. 67.04(b)(2).

(b)

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

(1)

The facility shall comply with the density standards for the maximum number of rooms units.

(2)

The accessory uses to the hotel or motel facility shall comply with the following standards:

a.

No more than 20 percent of the gross floor area of a hotel or motel may be devoted to accessory uses.

b.

The accessory retail sales and services or personal services establishments shall be designed to primarily serve hotel or motel guests.

c.

The accessory use shall be located within the principal building of the hotel/motel development and accessible only from an interior court, lobby, corridor, or pool deck.

d.

Any accessory restaurant shall not have drive-in or drive through service.

e.

If the accessory use involves the sale of alcoholic beverages for on-premises consumption, it shall comply with the standards in Chapter 6, Alcoholic Beverages, of the City Code.

f.

The hotel or motel development shall provide additional parking for the restaurant or bar use, in accordance with the parking requirements for bars or lounges in Chapter 63, Off-Street Parking Space Standards.

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

(a)

Community gardens. A community garden, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for residential development and with the following standards:

(1)

A site plan, pursuant to Sec. 64.10, depicting the layout of the individual garden plots, setbacks from property lines, access points to site, location of storage shed, trash and organic material storage containers, and off-street parking space. The following additional information shall also be provided:

a.

A photograph of the property from the street abutting the property.

b.

A description of intended use of organic materials, chemical fertilizers, herbicides, and pesticides.

c.

Operating rules identifying the governance structure of the garden and maintenance and security responsibilities.

d.

Contact information for individual responsible for oversight of the community garden.

(2)

Development standards. The following development standards shall apply to community gardens:

a.

The community garden shall be a maximum of one acre in area.

b.

The community garden shall be designed to prevent any chemical pesticide, fertilizer, garden waste, soil, drainage or runoff onto adjacent property.

c.

Plantings and containers used for storage shall be located no closer than 15 feet to the side or rear property line and no closer than 25 feet to the front property line.

d.

Accessory storage shed of no more than 100 square feet in floor area and a maximum of ten (10) feet in height may be placed on the property. The structure shall be located 25 feet from the front property line and fifteen (15) feet from side and rear property lines.

e.

Any fencing shall comply with the accessory structure standards for the applicable zoning district.

f.

Stakes, trellises or other similar structures of no more than ten (10) feet in height used to support plant growth may be placed on the property.

g.

One small freestanding sign per street frontage may be placed on site. The sign shall be maximum of four (4) square feet in area and five (5) feet in height and comply with the sign type standards for small freestanding signs in Chapter 38, Article I, Signs, of this Code.

h.

One parking space may be allowed on site, if the Planning Director determines that access to the site can be accomplished without crossing a public sidewalk or curb and that the parking space is stabilized with a durable surface approved by the City Engineer.

i.

No exterior lighting is permitted, except for solar power lighting fixtures that are no higher than 1.5 feet above grade.

j.

Community gardens are not bona fide agriculture under F.S. § 823.14, the Florida Right to Farm Act.

(3)

Permit conditions.

a.

The owner of the property on which the garden is located shall be responsible for maintaining the property in accordance with the conditions of the special use permit and the property maintenance requirements of Chapter 38, Environment, of the City Code.

b.

No produce or plants grown on the site shall be sold, but may be used for the consumption and enjoyment of individuals or group participating in the community garden activity or, for donation to a not-for-profit or governmental organization.

c.

Hours of operation shall be limited to the hours between sunrise and sunset.

d.

No power machinery shall be operated between 7:00 p.m. and 7:00 a.m.

e.

The community garden site shall be maintained as follows:

i.

Powered or motorized equipment used on site shall be similar to that normally used in connection with home gardening, such as walk-behind rototillers and lawnmowers. Small farm tractors or other heavier machinery shall not be employed on site except as authorized by the Planning Director.

ii.

Equipment, small tools and supplies shall be stored indoors or removed from the property daily.

iii.

Compost and organic matter to be used for the community garden shall not be stored in open air. Such matter shall be contained in appropriate containers or within a storage shed. The containers shall be maintained to prevent odors and prevent the harborage of rodents, pests, and other vermin.

iv.

Composting materials shall only be those materials generated on-site or contributed by active members of the community garden. No fresh manure shall be used or composted.

v.

Additional dirt for distribution and other bulk supplies shall be stored to the rear or center of the property, shall be kept in a neat and orderly fashion, and shall not create visual blight or offensive odors.

vi.

No trash or debris shall be stored or allowed to remain on the property, except within containers so as not to produce offensive odors or attract animals and vermin. Such containers will be emptied at least once a week.

vii.

Pesticides and fertilizers may only be stored on the property in a locked building and shall comply with any other applicable requirements for hazardous materials.

viii.

Storage of toxic and flammable materials is prohibited.

ix.

Any other reasonable condition that the Planning Director may impose to ensure consistency with the site development and other applicable provisions of this Code.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)

(a)

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

(1)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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

l.

Specified sexual activities:

i.

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

ii.

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

iii.

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

iv.

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

v.

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

a.

Human genitals or the pubic region.

b.

Buttocks.

c.

Female breasts below the top of the areola.

d.

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

(2)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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

(b)

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

(1)

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

a.

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

b.

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

c.

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

d.

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

e.

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

(c)

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

(1)

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

(2)

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

(d)

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

(1)

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

(2)

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

(3)

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

(e)

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

(1)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

(2)

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

(3)

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

(4)

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

(5)

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

a.

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

b.

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

c.

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

d.

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

e.

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

(f)

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

(1)

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

(2)

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

(3)

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

(4)

No crematory facilities are allowed.

(g)

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

(1)

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

a.

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

b.

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

c.

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

(2)

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

(h)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(i)

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

(1)

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

a.

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

b.

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

c.

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

(2)

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

a.

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

b.

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

(3)

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

a.

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

b.

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

c.

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

d.

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

(4)

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

a.

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

b.

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

c.

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

d.

Any required parking shall be accessed from the alley.

(j)

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

(1)

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

(2)

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

(k)

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

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

(a)

Art and cultural centers: An art and cultural center, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

In the CAV zoning district, the use shall not be located within five hundred (500) feet of the same type of use.

(2)

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

(b)

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

(1)

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

(2)

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

(c)

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

(1)

In the CAV zoning district, the museum shall operate as a public, non-profit facility for exhibiting a collection of objects or materials related to the arts.

(2)

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

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)

(a)

Exhibition or conference centers. An exhibition or conference center, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

Dining and banquet facilities may be provided for employees, trainees, and conferees only, provided the gross floor area devoted to such facilities does not exceed 20 percent of the total floor area of the principal building.

(2)

On-site recreational facilities such as fitness centers and swimming pools may be provided for use by employees, trainees, or conferees only.

(3)

No products shall be sold on-site except those that are clearly incidental and integral to training programs and seminars conducted in the center (e.g., books, training manuals and videos, shirts, glasses and mugs, pens and pencils, and similar items bearing the logo of conference or seminar sponsors or participants).

(b)

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

(1)

All structures shall be set back at least 25 feet from any property line.

(2)

A screening perimeter buffer shall be provided along all perimeters of the site.

(c)

Performance theaters: A performance theater, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

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

(2)

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

(d)

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

(1)

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

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)

(a)

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

(1)

In the POI zoning district, the use shall be within a completely enclosed building and comply with the following standards:

a.

The building must be designed to appear like an occupied office building and comply with the design standards in Sec. 62.19, Building design standards.

b.

The building shall be constructed with materials that prevent any noise, odor or activity associated with running and/or maintaining the utility from affecting adjacent property.

c.

The building shall be placed on the site within required yard setbacks in a location furthest from abutting residential structures.

d.

Chainlink fences are not permitted unless coated black or green and installed so that the fence blends into the required landscaping.

e.

All utility services to and from the structure shall be installed underground.

(2)

In the Three Corners Waterfront District, the use shall be within a completely enclosed building and comply with the following standards:

a.

The building must be designed compatible with surrounding buildings and comply with the design standards in Sec. 62.159, Building design standards.

b.

The building shall be constructed with materials that prevent any noise, odor or activity associated with running and/or maintaining the utility from affecting adjacent property.

c.

Only decorative fences are permitted.

d.

All utility services to and from the structure shall be installed underground.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023; Ord. No. 2025-08, § 10, 8-12-2025)

(a)

Marina: A marina and any related marina activities, including the sale and rental of watercraft, watercraft trailers, and related accessories, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

Any marina activity is a commercial use and shall only be located in areas of the City designated MX, Mixed Use or C, Commercial Land Use designation on the Future Land Use Map in the City Comprehensive Plan.

(2)

All docks and structures erected over or in the water shall be confined to the area which is designated on the Official Zoning Map for a zoning district that permits the marina use, including submerged lands leased for marina uses.

(3)

All docks and structures erected over the water shall be on piers permitting the free flow of water; no bulkhead shall extend beyond the established bulkhead line; and no pier or dock shall extend in public water to such a distance as to interfere with navigation and commerce.

(4)

Roofs covering dockage or wet storage of watercraft shall not exceed one-half the total dockage area of the marina; shall be uniform in height not to exceed 15 feet above the mean grade of adjacent marina uplands; and shall only cover the end of the pier nearest to the shore.

(5)

Permanent docking is prohibited within 30 feet of fuel pumps or other fueling equipment.

(6)

Fuel storage tanks for servicing of watercraft shall be placed underground.

(7)

Dry land storage of watercraft and watercraft trailers shall be contained within an enclosed building, unless located in an approved outdoor watercraft storage area pursuant to Sec. 67.13(c)(20).

(8)

Storage of all motors not attached to watercraft shall only be within buildings.

(9)

Major watercraft repairs, such as construction or rebuilding of watercraft, installation of new bottoms, or substantial structural additions or alterations, are prohibited.

(10)

The capacity of any lift capable of lifting watercraft shall not exceed 20 tons.

(11)

A marina use may have commercial docking facilities and outdoor watercraft servicing, repair or storage areas as accessory uses pursuant to applicable accessory use standards in Sec. 67.13.

(12)

Any live-aboard watercraft in a marina shall comply with the regulations for live-aboard watercraft or vessels in Chapter 46, Marine Activities, Structures and Facilities in Subpart A, General Ordinances, of the City Code.

(13)

Floating home watercraft are not permitted in any marina.

(14)

In the Three Corners Waterfront District, the marina use shall not include sale and rental of watercraft or watercraft trailers, dry land storage of watercraft or watercraft trailers, watercraft or watercraft trailer repair or maintenance services, outdoor watercraft servicing or repair, or live-aboard watercraft. Outdoor storage of small watercraft is permitted pursuant to Section 72.13(c)(20)f.

(b)

Parking lots or garages (as a principal use). A parking lot or garage operated as a principal use, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

Parking shall be the principal use of the parking lot or garage.

(2)

Parking spaces may be rented for parking,

(3)

Parking garages may have retail sales and service establishments located on the ground floor of the structure.

(4)

No other business of any kind shall be conducted in the parking lot or garage, including repair, servicing, washing, display, or storage of vehicles or other goods.

(5)

Any parking lot or garages (as a principal use) in the Three Corners Waterfront District shall be located pursuant to Sec. 62.158, Site design standards, and any parking garage building must be designed compatible with surrounding buildings and comply with the design standards in Sec. 62.159, Building design standards.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023; Ord. No. 2025-08, § 11, 8-12-2025)

(a)

Parks, active recreation: An active recreation park, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

In the Three Corners Waterfront District, any active recreation park shall be located in conformance with the Three Corners Master Concept Plan and developed to the following standards:

a.

The active recreation park shall provide, at a minimum, public restrooms, picnic shelters, walking trails, and playground area.

b.

The active recreation park shall be designed to comply with the Open Space Park Standards in the Recreation Element of the City's Comprehensive Plan to provide Indian River Lagoon access.

c.

The walking trails, playground structures, shelters, buildings, and other park elements within the active recreation park shall be designed to comply with the development standards for the Three Corners Waterfront District in Sec. 62.156.

d.

A minimum of 50% of the open space in the active recreation park shall be landscaped to the minimum landscaping specification in Sec. 72.16 of the landscaping requirements of Chapter 72, Article II, Landscaping.

(b)

Parks, plaza or promenade: A plaza or promenade, where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

In the CAV zoning district, the plaza park use shall not be located on a parcel larger than fifteen thousand (15,000) square feet and shall provide a natural or landscaped area for the display of outdoor art, but not provide active recreational uses.

(2)

In the Three Corners Waterfront District, any plaza or promenade shall be located in conformance with the Three Corners Master Concept Plan and developed to the following standards:

a.

The plaza or promenade shall provide a natural or landscaped area for public access and pedestrian connection between uses in the Three Corners Waterfront District.

b.

The plaza or promenade shall be designed to comply with the development standards for the Three Corners Waterfront District in Sec. 62.156.

c.

A minimum of 50% of the open space in the plaza or promenade shall be landscaped to the minimum landscaping specification in Sec. 72.16 of the landscaping requirements of Chapter 72, Article II, Landscaping. The open space may include hardscape features, such as walkways, fountains, or sculptures.

(c)

Recreation, water dependent: A water-dependent recreation use where allowed as a principal use in a zoning district, shall comply with the district density, intensity and dimensional standards of the applicable zoning district for nonresidential development and with the following standards:

(1)

In the Three Corners Waterfront District, any water-dependent recreation facility shall be located in conformance with the Three Corners Master Concept Plan and developed to the following standards:

a.

A water-dependent recreation facility is a public recreational use to provide Indian River Lagoon access and shall not have commercial uses or establishments as accessory uses.

b.

A water-dependent recreation facility may have accessory banquet and meeting center facilities, business offices, and outdoor watercraft storage area uses pursuant to the standards in Sec 67.13 and accessory dock structures pursuant to the standards in Sec. 67.14.

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

(a)

General performance standards for all industrial uses.

(1)

Purpose: The purpose of performance standards is to control industrial uses; to permit potential nuisances to be measured factually and objectively; to ensure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and to protect industries from arbitrary exclusion based solely on the nuisance production by any particular type of industry in the past.

(2)

Applicability:

a.

Any establishment of new principal or accessory industrial use or changed to the established industrial principal or accessory use on a site or in a building.

b.

If any existing use or building or other structure is extended, enlarged, moved, structurally altered or reconstructed, or any existing use of land is enlarged or moved, the performance standards for the district involved shall apply with respect to such extended, enlarged, moved or structurally altered or reconstructed building or other structure or portion thereof.

c.

All existing uses, buildings, or other structures shall comply with the performance standards herein set forth.

(3)

Performance standards:

a.

General provisions.

i.

All industrial uses shall conform to the standards of performance described within the provisions below and shall be so constructed, maintained, and operated so as not to be injurious or offensive to the adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic, or noxious waste materials, odors, fire, and explosive hazard or glare.

ii.

All businesses, services, or manufacturing or processing of materials, goods, or products shall be conducted within completely enclosed buildings.

iii.

Storage may be permitted outdoors but shall be effectively screened by a wall, fence, or planting so that the materials shall not be visible from a public way or a residential area and shall be greater than 200 feet from the nearest residential district.

b.

Standards regulating nuisances.

i.

Noise. Any industrial use shall be operated to comply with the performance standards governing noise in Chapter 38, Article III, Noise Control, of the City Code.

ii.

Vibration. Any industrial use shall be so operated that ground vibration inherently and recurrently generated is not perceptible without instruments at any point on the property line of the property on which the use is located.

(a)

Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 67.2, Maximum Ground Transmitted Vibration, and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(b)

The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

Where: P.V. = 6.28 F × D

P.V. = Particle velocity, inches per second.

F = Vibration frequency, cycles per second.

D = Single amplitude displacement of the vibration, inches.

(c)

The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table 67.2, Maximum Ground Transmitted Vibration.

Table 67.2: Maximum Ground Transmitted Vibration

(d)

If the site is greater than 200 feet from the nearest residential district, the particle velocity at the adjacent lot line may not exceed 0.20. Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table 67.2 may be multiplied by 2.

iii.

Air pollutants: Including smoke, particulate matter, odor, and toxic matter.

(a)

Smoke. Every use shall be so operated as to prevent the emission of smoke as specified in "Rules of Department of Environmental Regulations: Air Pollution."

(b)

Particulate matter including dust. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter as specified in "Rules of the Department of Environmental Regulation: Air Pollution."

(c)

Odor. Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located as specified in "Rules of the Department of Environmental Regulation: Air Pollution."

(d)

Toxic matter. The ambient air quality standards for guiding the release of airborne toxic materials across lot lines shall be in accordance with "Rules of the Department of Environmental Regulation: Air Pollution."

iv.

Fire and explosive hazards: All operations, activities, and uses shall be conducted so as to comply with the performance standards governing fire and explosion hazards prescribed by Indian River County Fire Rescue, and the State of Florida, and applicable technical codes.

v.

Glare: Any operation or activity producing glare shall be conducted so that direct light from the source shall not cause illumination in excess of 0.5 footcandles when measured in a residential district.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)

(a)

Purpose. This Section provides standards for the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this Section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal uses and comply with the standards set forth in this Section to reduce potentially adverse impacts on surrounding lands.

(b)

General standards for all accessory uses.

(1)

An accessory use shall not be established prior to the establishment or construction of the principal use.

(2)

Outdoor storage is not permitted, unless permitted as an accessory use.

(3)

Additional off-street parking may be required for the accessory use.

(c)

Standards for specific accessory uses.

(1)

Alcohol beverage service. Any restaurant, where allowed alcohol beverage service as an accessory use in a zoning district, shall comply with the following standards:

a.

All restaurants, including carry-out, drive-in, fastfood, and specialty eating, shall comply with the standards in Chapter 6, Alcoholic Beverages, of the City Code.

b.

Alcoholic beverage sales and service shall be for on-premises consumption only.

c.

The establishment shall contain a full-service, operational kitchen used for cooking and preparing food, including a commercial refrigerator, freezer, and oven or stove with a hood, and fire suppression system.

d.

Alcoholic beverages may be sold or served only when the kitchen is open, or has closed within one hour of the establishment's closing, and prepared food is available to patrons.

e.

Any live entertainment shall occur only between the hours of 11:00 a.m. and 10:00 p.m.

(2)

Animal boarding facilities. A veterinary service office, where allowed animal boarding as an accessory use in a zoning district, shall comply with the following standards:

a.

The veterinary service office and accessory animal boarding is located no closer than 200 feet from a residential district.

b.

If abutting an existing residential use, either a fifty-foot (50') landscaped buffer or a six-foot (6') high brick or finished masonry wall with a five-foot (5') landscaped buffer shall be provided.

c.

Those parts of shelter structures in which animals are received or reclaimed/adopted, boarded (e.g., cages, pens, kennels), treated (e.g., treatment rooms, recovery rooms), or euthanized (e.g., euthanasia and dead-animal storage rooms) shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

d.

Animal boarding to be limited to domestic animals.

e.

Any animal run is fully screened to a height of six feet and set back from all property lines by at least 25 feet and the outdoor run is only utilized during the hours between 8:00 a.m. and 6:00 p.m.

f.

All animals shall be housed within the required soundproof structure between the hours of 10:00 p.m. and 8:00 a.m. with no outdoor operations during these hours.

g.

In the C-1 zoning district, the following additional standards shall apply:

i.

Shall be located on a lot adjacent to US Highway 1 (SR 5).

ii.

The site shall be a minimum of one acre.

(3)

Automated teller machines (ATM). An automated teller machine (ATM), where allowed as an accessory use in a zoning district, shall comply with the following standards:

a.

An ATM designed for walk-up use and located in the exterior wall of a building shall be designed to avoid obstructions to pedestrian movement along sidewalks or walkways.

b.

An ATM designed for drive-through use shall comply with the standards for drive-through service.

c.

In a Park or Conservation District, the ATM shall be located inside the primary building for the principal use.

(4)

Banquet and meeting centers. A banquet and meeting center, where allowed as an accessory use in a zoning district, to an accommodation, recreational, institutional, or public assembly use shall comply with the following standards:

a.

In a Park or Conservation District, the banquet and meeting center shall be located inside the building for the principal use.

(5)

Beach services area: A beach service area, where allowed as an accessory use in a zoning district, to accommodations uses, restaurants, or recreation facilities, water-dependent shall comply with the following standards:

a.

Purpose. The purpose of this Section is to allow the provision of certain services on the beach to enhance the enjoyment of the beach by the public, so long as individual peace and quiet of the beach is not unreasonably disturbed, no permanent structures are placed on the beach, and providing the service does not harm the beach environment.

b.

Permit required. A commercial establishment must obtain a permit from the City before establishing a beach service area. The beach service area application shall be on a form prescribed by the Planning Director that provides written and graphic documentation demonstrating compliance with the criteria of this section, as outlined in Sec. 67.13(c)(5)c and reviewed pursuant to Sec. 64.05. The permit must be renewed annually each calendar year.

c.

Permit requirements, The following criteria for a beach service area shall be complied with at all times:

i.

Beach service areas are used to provide recreational equipment, such as surf or paddle boards, float devices, and other similar recreational equipment, or beach furniture, such as beach chairs, tables, tents, beach cabanas, and other beach furniture as a service to hotel or motel patrons or as rental to visitors of a hotel, motel, restaurant or recreational facility.

ii.

No permanent structures, including electrical or water service, shall be constructed on the beach, as part of the beach service area.

iii.

All signs shall require a sign permit and comply with Chapter 38, Article I, Signs.

iv.

Temporary tents or canopies, with a maximum square footage of 100 square feet, are permitted in the beach service area.

v.

Small recreational fire pits are permitted with a permit from the Fire Marshall.

vi.

All recreational equipment and beach furniture shall be removed from the beach at time of closing each day and stored off the beach in enclosed structure.

vii.

No glass containers, plates, serving dishes, or other glassware shall be used.

viii.

All trash or other debris shall be removed and properly disposed of daily.

ix.

No loud music or other objectionable noise or amplification is permitted.

x.

No motorized watercraft is permitted.

xi.

During turtle season, March 1st through October 31st, beach service area equipment shall not be placed in a marked sea turtle nest and any holes from beach service area equipment that can trap or disorient sea turtles shall be filled to limit disruption to turtle nesting activity.

d.

Non-transferable. A permit issued pursuant to this Section shall not be transferred to another person through sale, leasing or rental of the premises on which the beach service area is located. A beach service area permit shall only be used by the applicant at the premises for which it was granted.

e.

Complaints. Violations of any provision of this Section shall be enforced as provided in Chapter 60, Article II, Enforcement Provisions of the Land Development Regulations. If it is determined by the Planning Director that an existing beach service area has grown in intensity to a point where it is no longer in compliance with the permit requirements of this Section, then the beach service permit shall not be renewed and the beach service area shall cease.

(6)

Business offices (as accessory to a multifamily complex or commercial use). A business office, where allowed as an accessory use in a zoning district, to a multifamily dwelling complex, group living, or commercial use subject to no mobile/manufactured home, trailer, or other vehicle is utilized as a permanent office space.

(7)

Commercial docking facilities. A commercial docking facility, where allowed as an accessory use in a zoning district to a commercial use, the renting of docks, dock space, or boat slips is permitted subject to an approved code compliance certification or approved site plan application.

(8)

Clubhouses. A clubhouse, where allowed as an accessory use in a zoning district, to a private club, residential dwelling development (multi-family complex or single family subdivision), or group living facilities shall comply with the following standards:

a.

Food and alcoholic beverages may only be sold to members and their guests, and patrons actually using the social club facilities.

b.

A clubhouse accessory to a residential dwelling development, such as a single family residential subdivision, single family attached residential platted over subdivision, or multi-family residential development, shall be proposed, reviewed, and developed in conjunction with the site plan or subdivision.

(9)

Dog-friendly dining areas. A dog-friendly dining area, where allowed as an accessory use in a zoning district, to a restaurant use shall comply with the following standards:

a.

Purpose: The purpose of this Section is to provide an exemption procedure to certain provisions of the Food and Drug Administration Food Code, as adopted by the Florida Division of Hotels and Restaurants, to allow patrons' dogs within designated outdoor portions of public food service establishments, in accordance with F.S. (2011) § 509.233.

b.

Definitions: As used in this Section, the following terms shall be defined as set forth herein unless the context clearly indicates or requires a different meaning:

i.

Division means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.

ii.

Dog means an animal of the subspecies Canis lupus familiaris.

iii.

Outdoor dining area or portion means an area not enclosed in a building and which is intended or used as an accessory area to a restaurant or public food service establishment which provides food and/or drink to patrons for consumption in such area.

iv.

Patron means any guest or customer of a public food service establishment.

v.

Premises means all of the area encompassing a public food service establishment.

vi.

Program means the dog-friendly dining program established by this Section.

vii.

Public food service establishment and food service establishment mean any building, vehicle, place, or structure, or any room, division, or area in or adjacent to a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.

c.

Permit required. No dog shall be allowed in a public food service establishment except as authorized by State and local law. A public food service establishment must obtain a permit from the City before allowing dogs in designated outdoor dining areas of the establishment, and the permit must be renewed annually concurrent with payment of the business tax. The permit application on a form prescribed by the Planning Director and must include the following information:

i.

Name, mailing address, and telephone number of applicant.

ii.

Name, location, mailing address, and Florida Division of Hotels and Restaurants-issued license number of the public food service establishment.

iii.

Days of the week and hours of operation that the patrons' dogs will be permitted in the designated outdoor area.

iv.

An accurate and to scale diagram of the outdoor area to be designated as available to patrons' dogs that includes the following information:

(a)

Dimensions;

(b)

The number and placement of tables, chairs, and restaurant equipment;

(c)

Entryways and exits to the designated outdoor area;

(d)

Boundaries of the designated area and excluded areas;

(e)

Any fences or barriers; and

(f)

Surrounding property lines, public rights-of-way, sidewalks, paths, etc.

d.

Permit application review and approval. Permit applications submitted under this Section shall be reviewed and approved by the Planning Director in accordance with the following:

i.

Application fees. The City Council shall establish application fees by resolution and may amend and update those fees as determined necessary.

ii.

No permit shall be issued for any outdoor area which has not been authorized as an outdoor seating areas by a Code Compliance Certification or Site Plan approval and is in compliance with all applicable criteria of the City's LDR and regulations of the Division.

iii.

For permits authorizing the program within the outdoor areas of a food service establishment located on any right-of-way or other property of the City or any other governmental entity, the Planning Director shall require the applicant to produce evidence of the following:

(a)

A valid right-of-way, sidewalk, or other permit, license, or lease showing the food service establishment has the right to occupy and use the area; and

(b)

A properly executed insurance endorsement providing commercial general liability insurance coverage in an amount no less than $500,000.00 per occurrence and $1,000,000.00 aggregate. The policy shall not have any exclusion for animals or animal bites. All insurance shall be from companies duly authorized to do business in the State of Florida. All liability policies shall be endorsed to provide that the City or any other appropriate governmental entity is an additional insured as to the operation of the outdoor dining area on such government property.

e.

Requirements. A public food service establishment that allows dogs within a designated outdoor dining area shall comply with the following requirements:

i.

All food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog.

ii.

Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the food service establishment.

iii.

Patrons in the designated outdoor dining area shall be advised by appropriate signage at conspicuous locations that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

iv.

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

v.

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. Patrons shall not leave their dogs unattended for any period of time.

vi.

Dogs shall not be allowed on chairs, tables, or other furnishings.

vii.

No food service shall be provided to dogs.

viii.

Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.

ix.

Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons.

x.

Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Dog waste shall not be washed into the storm drain. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor dining area.

xi.

A sign or signs informing employees and patrons of these regulations shall be posted on the premises in a conspicuous manner and place as determined by the Planning Director.

xii.

A sign or signs shall be posted in a manner and place as determined by the Planning Director notifying the public that the designated outdoor dining area is available for the use of patrons and patrons' dogs.

xiii.

Dogs shall not be permitted to travel through indoor or non-designated outdoor portions of the food service establishment, and ingress and egress to the designated outdoor portions of the food service establishment must not require entrance into or passage through any indoor area of the food service establishment.

f.

The permit issued under this Section shall be conspicuously displayed in the designated outdoor area and presented for inspection upon request of any Code Enforcement Officer or other official of the City or the Division.

g.

Complaints. Violations of any provision of this Section shall be enforced as provided in Chapter 60, Article II, Enforcement Provisions of the Land Development Regulations. In addition, all complaints and the responses to the complaints shall be reported to the Florida Division of Hotels and Restaurants as provided in F.S. (2011) § 509.233(5).

h.

Non-transferable. A permit issued pursuant to this Section shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment and automatically expires upon such sale or transfer.

i.

License number. A copy of all approved applications and permits issued shall be provided to the Florida Division of Hotels and Restaurants and all applications, permits, and other related materials shall contain the appropriate division-issued license number for each public food service establishment.

(10)

Drive-through services. A drive-through service, where permitted as an accessory use in a zoning district, to a general retail sales and service use, fastfood restaurant, or financial institution, the drive-through service shall comply with the following standards:

a.

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

b.

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

c.

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

d.

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

(11)

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

(12)

Fuel distribution facilities. Fuel distribution, including gasoline and diesel pumps, oil, and bottle gas distribution, where allowed as an accessory use in a zoning district, to general retail sales and services uses, such as convenience stores, grocery stores, and discount stores.

(13)

Home-based businesses. A home-based business, where allowed as an accessory use in a zoning district, to any residential dwelling type shall comply with the following standards:

a.

Purpose. The purpose of this Section is to ensure a home-based business conducted within any residential dwelling unit is a small and unobtrusive business that is clearly incidental and secondary to the principal residential use and is consistent and compatible with maintaining the quiet, low traffic character of a residential neighborhood. The standards provided in this Section are to be enforced in a manner consistent with the intent of F.S. 559.955.

b.

Permit application review and approval. Permit applications submitted under this Section shall be reviewed and approved by the Planning Director in accordance with the following:

i.

The permit application shall be on a form prescribed by the Planning Director.

ii.

Application fees. The City Council shall establish application fees by resolution and may amend and update those fees as determined necessary.

iii.

Any application for home occupation permit must be signed by the property owner.

iv.

The applicant provides written and graphic documentation demonstrating compliance with the criteria of this Section, as outlined in (c), below.

v.

An application for a home-based business shall be reviewed by the Planning Director. If the application for the home-based business does not comply with the criteria of this Section and the intent F.S. 559.955, the home-based business application shall be denied.

c.

Permit requirements. The following criteria for a home-based business shall be complied with at all times:

i.

Any employee of the home-based business working at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors not residing at the residential dwelling may work at the home-based business. The home-based business may have additional remote employees that do not work at the residential dwelling.

ii.

No dwelling may be used for assembling employees for instruction or other purposes such as being dispatched to other locations.

iii.

All activities of the home-based business shall be conducted from within the principal dwelling on a property and shall not exceed the lesser of 20 percent of the total floor area of the principal dwelling or 300 square feet, including storage areas.

iv.

There shall be no outdoor storage of business equipment, materials, or merchandise.

v.

No sign is displayed which would be visible from a street or adjacent residential properties.

vi.

No commercial or heavy vehicle shall be parked or located on the premises.

vii.

No use, equipment, material or process shall be used which is hazardous to public health, safety, or welfare of the surrounding residential uses.

viii.

No uses, process, material or equipment shall be permitted which emits offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, glare or other objectionable effects. Further, no equipment or process shall be used that creates visual or audible interference with off-premises audio/visual equipment or causes fluctuation in line voltage off the premises.

ix.

No home occupation shall displace or impede the use of parking spaces required for the principal residential use.

x.

Customers, clients and/or deliveries pertaining to the home occupation shall not be permitted. Any materials required to accomplish the home occupation shall be obtained by the owner off-site and brought to the site by the owner. Any finished products completed on a site shall be delivered by the owner to their intended recipient.

d.

Non-transferable. A permit issued pursuant to this Section shall not be transferred to another person through sale, leasing or rental of the premises on which the home-based business is located; except that, in the case of the applicant's death, the surviving spouse or child residing at the premises may continue the home-based business; written notice shall be given to the City and, if in compliance with this Section, the permit shall be transferred. A home-based business permit shall only be used by the applicant at the premises for which it was granted.

e.

Complaints. Violations of any provision of this Section shall be enforced as provided in Chapter 60, Article II, Enforcement Provisions of the Land Development Regulations. If it is determined by the Planning Director that an existing home-based business has grown in intensity to a point where it is no longer in compliance with the permit requirements of this Section, then the home-based business permit shall not be renewed and the home-based business shall cease.

(14)

Outdoor broadcast production areas. Outdoor broadcast production areas, where permitted as an accessory use in a zoning district, to a broadcast studio, shall comply with the following standards:

a.

The outdoor broadcast production area shall be used primarily for the creation of musical performances, radio or television programs, or motion pictures or other related broadcast studio activities, with or without live audiences.

b.

The outdoor broadcast production area shall not be located in any required landscaped areas, or parking or vehicular circulation area.

c.

The outdoor broadcast production area will not result in unreasonable and disruptive impacts on adjacent properties, in terms of noncompliance with Chapter 38, Article III, Noise Control, of the City Code, odor, traffic with live audience events without sufficient parking on-site, debris and trash, the hours of operation, changes in traffic circulation patterns, interference with navigation signals or radio communication between the Airport and aircraft pursuant to Chapter 68, Airport Zoning or other relevant disruptive factors.

(15)

Outdoor motor vehicle servicing, repair or storage areas. Outdoor motor vehicle servicing, repair, or storage area, where permitted as an accessory use in a zoning district, to a motor vehicle use, shall comply with the following standards:

a.

The total area of outdoor motor vehicle servicing, repair, or storage area shall not exceed 25 percent of the lot.

b.

Outdoor motor vehicle servicing, repair, or storage area shall be located to the side or rear of the principal building.

c.

Outdoor storage area shall not be located in any front yard.

d.

No motor vehicles or equipment shall be stored in those parts of the site intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

e.

Motor vehicles or equipment stored in an outdoor motor vehicle servicing, repair, or storage area intended shall be used in conjunction with the principal use.

f.

The outdoor motor vehicle servicing, repair, or storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, and landscaped hedge that is at least six feet high. Screening walls shall complement the design of the primary structure and incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials shall not be stored higher than the height of the screening.

g.

The outdoor motor vehicle servicing, repair, or storage area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

h.

If the outdoor motor vehicle servicing, repair, or storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

i.

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(16)

Outdoor motor vehicle, watercraft, or equipment display areas. Outdoor motor vehicle or equipment display area, where permitted as an accessory use in a zoning district, to a motor vehicle sales or watercraft sales, shall comply with the following standards:

a.

No motor vehicles, watercraft, or equipment intended for sale shall be stored or displayed in those parts of the site intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

b.

Motor vehicles, watercraft, or equipment displayed shall be in conjunction with the principal use.

c.

The outdoor motor vehicle, watercraft, or equipment display area shall provide property and building perimeter landscaping areas in compliance with Chapter 72, Article II, Landscaping.

d.

The outdoor motor vehicle, watercraft, or equipment display area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

(17)

Outdoor retail display areas. Outdoor retail display, where allowed as an accessory in a zoning district, to any retail and sales establishment, shall comply with the following standards:

a.

Products displayed in an outdoor retail display area intended for sale or resale shall be limited to those sold on the premises in conjunction with the principal use.

b.

Outdoor retail display areas located in the front of the principal building, provided:

i.

Retail display area shall be under a roof.

ii.

Retail display area shall not encroach into the required front or side yard, required landscaped areas, vehicle parking spaces, or vehicular or pedestrian circulation areas.

c.

Outdoor retail display areas, such as an outdoor garden center, located to the side or rear of the principal building, provided:

i.

The total area of outdoor retail display area shall not exceed 25 percent of the total gross floor area of the building(s) containing the principal use(s) of the lot.

ii.

Outdoor storage area shall not be located in any required yard.

iii.

The outdoor display area shall be incorporated into the overall design of the principal structure on the site and may include a fence, except a chainlink fence shall not be used for outdoor display areas visible to right-of-way.

iv.

The outdoor display area shall be properly graded for drainage and incorporate textured surface treatment using durable materials, brick pavers, or other materials in accordance with accepted industry standards and approved by the City Engineer.

v.

If the outdoor display area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

vi.

The outdoor display area shall be screened from an adjoining residential zoning district by a privacy fence or masonry wall that is at least six feet high.

(18)

Outdoor seating areas. Outdoor seating, where allowed as an accessory in a zoning district, to any restaurant establishment, shall comply with the following standards:

a.

The outdoor seating area is permitted in any required yard.

b.

The outdoor seating area shall be properly graded for drainage and incorporate textured surface treatment using durable materials, brick pavers, or other materials in accordance with accepted industry standards and approved by the City Engineer. The outdoor seating area may include umbrella tables and open-walled shade structures with roof constructed of soft flameproof materials such as canvas intended to provide customers with protection from sun and rain.

c.

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

d.

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

e.

Hours of operation of the outdoor seating area shall be the same as those for the principal use, such as the restaurant. The outdoor seating area shall be closed between the hours of 10 p.m. and 7:00 a.m.

f.

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

(19)

Outdoor storage areas. Outdoor storage, where permitted as an accessory use in a zoning district, to any industrial use (except where such accessory use is expressly prohibited by district standards or the principal use standards), shall comply with the following standards:

a.

The total area of outdoor storage areas shall not exceed 25 percent of the total gross floor area of the building(s) containing the principal use(s) of the lot.

b.

Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site, and shall be located to the side or rear of the principal structure.

c.

Outdoor storage area shall not be located in any front yard.

d.

The outdoor storage area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

e.

No materials may be stored in those parts of an outdoor storage area intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

f.

Products stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises in conjunction with the principal use and any equipment stored in the outdoor storage area shall be used in conjunction with the principal use.

g.

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, and landscaped hedge that is at least six feet high. Screening walls shall complement the design of the primary structure and incorporate at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials shall not be stored higher than the height of the screening.

h.

If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

i.

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(20)

Outdoor watercraft servicing, repair or storage areas. Outdoor watercraft servicing, repair, or storage area, where permitted as an accessory use in a zoning district, to a marina, water-dependent recreation or watercraft servicing use, shall comply with the following standards:

a.

The outdoor watercraft vehicle servicing, repair, or storage area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

b

Watercraft, watercraft trailers, materials, or equipment stored in an outdoor watercraft servicing, repair, or storage area shall be used in conjunction with the principal use.

c.

No watercraft, watercraft trailers, materials or equipment shall be stored in those parts of the site intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

d.

In industrial districts, the outdoor watercraft servicing, repair or storage areas shall comply with the following standards:

i.

The total area of outdoor watercraft servicing, repair, or storage area shall not exceed 25 percent of the lot.

ii.

Outdoor watercraft vehicle servicing, repair, or storage area shall be located to the side or rear of the principal building.

iii.

Outdoor storage area shall not be located in any front yard.

iv.

The outdoor watercraft servicing, repair, or storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, and landscaped hedge that is at least six feet in height. Screening walls shall complement the design of the primary structure and incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials or equipment shall not be stored higher than the height of the screening.

v.

If the outdoor watercraft servicing, repair, or storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

vi.

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

e.

In marina districts, the outdoor watercraft servicing, repair or storage areas shall comply with the following standards:

i.

Outdoor storage areas shall not be located in any required front yard.

ii.

Outdoor storage areas may be used for the following:

a.

Storage of watercraft with or without a trailer for sale or rent;

b.

Storage of watercraft trailers without watercraft for sale, rent or repair; or

c.

Storage of commercial watercraft for repair.

iii.

Outdoor storage areas located on a site within 150 feet of a residential zoned parcel shall be screened from view from adjacent property lines and rights-of-way by any combination of opaque ornamental fence, wall, or landscape hedge that is at least six feet in height.

iv.

Small watercraft may be stored in storage racks of no more than ten (10) feet in height as measured from finished grade to the top of the structure without the required screening.

v.

Flammable liquids or gases shall be stored underground.

f.

In the Three Corners Waterfront Districts, the outdoor watercraft storage areas shall comply with the following standards:

i.

Outdoor storage areas shall only be located under the 17 ^th Street Bridge with an approved lease from FDOT.

ii.

Outdoor storage areas shall only be used for storage of small watercraft.

iii.

Outdoor storage areas shall be surrounded by an ornamental fence at least six feet in height.

iv.

Storage of flammable liquids or gases is not permitted.

(21)

Produce stands. A produce stand, where allowed as an accessory use in zoning district, shall comply with the following standards:

a.

Shall not exceed the lesser of 500 square feet in area or ten percent of the lot area.

b.

Shall not be more than 15 feet in height.

c.

Shall be located under a roof or canopy.

d.

Shall be located on a site adjacent to an urban principal or minor arterial roadways.

e.

Shall be located where adequate ingress, egress, and off-street parking facilities are provided.

f.

Be limited to the retail sale of agricultural products.

g.

Shall meet the regulations of the State Department of Health.

h.

Any signs shall be subject to the sign standards in Chapter 38, Article I, Signs.

(22)

Restaurants. A restaurant, including specialty eating, where allowed as an accessory use in a zoning district, to an accommodation, recreational, institutional, or public assembly use shall comply with the following standards:

a.

In a Park or Conservation District, the restaurant or specialty eating establishment shall be a maximum of 2,500 square feet of floor area and be an accessory use to a museum, performance theater, active recreation park, or recreation facility.

(23)

Retail sales and service, restricted. A restricted retail sales and service establishment, where allowed as an accessory use in a zoning district, to an accommodation, recreational, institutional, or public assembly use shall comply with the following standards:

a.

In a Park or Conservation District, only pro shops or gift shops are allowed as accessory uses.

b.

In a Park or Conservation District, a pro shop shall be a maximum of 1,500 square feet of floor area and be an accessory use to a recreation facility or social club.

c.

In a Park or Conservation District, a gift shop shall be a maximum of 1,500 square feet of floor area and be an accessory use to a museum or performance theater.

(24)

Rooftop decks or patios. A rooftop deck or patio, where permitted as an accessory use in a zoning district, shall comply with the following standards:

a.

Residential dwellings, where permitted, may use rooftop decks or patios for accessory decks, patios, swimming pools or saunas, or associated uses.

b.

Restaurants or hotels, where permitted in commercial or mixed use districts, may use rooftop decks or patios for accessory outdoor seating areas or bars. The use shall comply with the following standards:

i.

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

ii.

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

iii.

Hours of operation of the outdoor seating area shall be the same as those for the principal use, such as the restaurant. The outdoor seating area shall be closed between the hours of 10 p.m. and 7:00 a.m.

iv.

Any sound production or reproduction machine or device (including, but not limited to, musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume in conformance with the City's Noise Ordinance in Chapter 38, Article III of the City Code.

c.

The use shall comply with the building height measurement standards in Sec. 60.28.

i.

For rooftop decks or patios located below the building height limit for the district, the following standards apply:

1.

The finish floor of the rooftop deck shall be located a minimum of eight (8) feet below the ending point or maximum building height for the district.

2.

Any enclosed building floor area, as part of the rooftop decks or patios, shall comply with the maximum floor area ratio (FAR) for the district.

ii.

For rooftop decks or patios located above the building height limit and within the building embellishment area for the district, the following standards apply:

1.

The habitable space for the rooftop decks or patios may be located above the ending point or maximum building height for the district and within the architectural embellishment area for the structure.

2.

The finish floor of the rooftop decks shall not be above the maximum building height or ending point for the district.

3.

The rooftop decks or patios may have additional enclosed building floor area in the architectural embellishment area with an additional maximum building height of 10 feet for rooftop access, elevator and stair landing lobbies, restrooms, kitchens, or covered customer service area. The additional rooftop enclosed floor area shall not exceed 1,000 sf.

4.

In the Three Corners Waterfront District, the rooftop decks or patios may be located on an existing structure exceeding the maximum building height for the district.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023; Ord. No. 2025-08, § 13, 14, 8-12-2025)

(a)

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

(b)

General standards for all accessory buildings and structures.

(1)

Relationship to principal structure.

a.

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

b.

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

c.

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

(2)

Location of Accessory Uses and Structures.

a.

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

b.

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

c.

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

(c)

Standards for specific accessory buildings and structures:

(1)

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

a.

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

b.

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

c.

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

(10)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

j.

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

(11)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

Only one watercraft canopy may be permitted per dock.

i.

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

(12)

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

a.

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

i.

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

ii.

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

b.

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

i.

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

ii.

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

(13)

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

(14)

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

(15)

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

(16)

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

(17)

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

(18)

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

a.

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

b.

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

c.

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

(19)

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

(20)

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

(21)

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

(22)

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

(23)

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

(24)

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

(25)

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

a.

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

b.

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

(26)

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

(27)

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

a.

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

b.

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

c.

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

d.

Not serve as signage.

(28)

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

a.

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

b.

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

c.

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

(29)

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

a.

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

b.

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

c.

The maximum antenna diameter shall be 12 feet.

d.

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

e.

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

(30)

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

a.

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

b.

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

c.

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

(31)

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

(32)

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

a.

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

b.

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

c.

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

d.

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

(33)

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

(34)

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

(35)

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

(36)

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

a.

Location.

i.

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

ii.

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

iii.

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

iv.

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

v.

No fences, walls, plantings, or other structures or obstructions shall be erected or maintained at any street intersection which may obstruct the view of the motorist or otherwise cause an obstruction to traffic flow pursuant to Sec. 71.18, Obstructions to vision at intersections. Additional restrictions on the height or location of fences, walls, or hedges may be imposed by the City Engineer, where necessary for purposes of vehicular and pedestrian safety

b.

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

i.

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

ii.

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

c.

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

i.

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

ii.

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

iii.

Chainlink fences are not permitted in the front yard.

iv.

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

v.

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

vi.

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

d.

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

i.

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

ii.

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

iii.

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

e.

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

f.

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

(37)

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

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

(a)

Purpose. This Section 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.

(b)

General standards for all temporary buildings and structures. Unless otherwise specified in this Code, any temporary use or structure shall:

(1)

Obtain a temporary use permit (if required) and any other applicable City or State permits;

(2)

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

(3)

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

(4)

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

(5)

Not include permanent alterations to the site;

(6)

Meet all the setback requirements of the zoning districts;

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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.

(c)

Standards for specific temporary buildings and structures:

(1)

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

a.

Operate on one day per week on a single site.

b.

Renew all applicable Temporary Use Permits once per calendar year.

c.

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.

d.

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

(2)

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.

(3)

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

a.

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

i.

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

ii.

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.

iii.

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.

iv.

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.

v.

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.

vi.

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.

b.

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.

c.

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:

i.

The mobile food establishment shall only occur on non-residential 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.

ii.

Limitation on the total number and hours of operation.

(a)

Mobile food establishments shall not require the use of more than 20% of existing parking spaces on the site and shall not have more than two 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).

(b)

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).

iii.

Operating requirements.

(a)

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.

(b)

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.

(c)

Mobile food establishments operating at a site for a duration longer than three 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.

(d)

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.

iv.

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

(a)

Serving from a free-standing grill.

(b)

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.

(c)

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.

(d)

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

(e)

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

(f)

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.

(4)

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

a.

The special event shall only occur on non-residential use property.

b.

Limitation on the total number and length of special events. No property shall have more than a cumulative total of three such events in any calendar year. The total number of days for all special events on the property shall not exceed 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.

c.

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:

i.

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.

ii.

The area of activity, display, and/or sales areas shall not occupy more than ten 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.

iii.

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

iv.

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.

v.

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

vi.

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 day after the last day of the event.

(5)

Temporary construction-related structure or storage facility.

a.

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 30 days after issuance of the final certificate of occupancy for the constructed development.

b.

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 60 days after issuance of the final certificate of occupancy of the constructed development.

c.

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

d.

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

(6)

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

a.

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

i.

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.

ii.

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.

iii.

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

iv.

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

v.

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.

vi.

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.

b.

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

i.

Existing required landscaping or perimeter buffer areas;

ii.

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

iii.

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

c.

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.

d.

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

e.

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.

f.

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

g.

The temporary building shall be removed from the site within 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.

(7)

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:

a.

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.

b.

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.

c.

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

d.

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

e.

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.

f.

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

g.

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.

h.

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 temporary sales office per subdivision.

i.

City water and wastewater facilities shall be operating.

j.

A stabilized road access shall be in place.

k.

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

l.

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.

(8)

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

a.

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

b.

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.

(9)

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:

a.

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

b.

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

(10)

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:

a.

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

b.

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

c.

Duration.

i.

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

ii.

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

iii.

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).

d.

Location.

i.

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.

ii.

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.

e.

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.

f.

Maintenance and Security.

i.

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.

ii.

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

g.

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.

(11)

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:

a.

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

b.

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

c.

The building shall be removed or converted to an authorized accessory use within 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 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. 2023-17, §§ 6, 7, 9-26-2023)