Chapter 17 ZONING

Art. I. In General,  17-1–17-14
Art. II. Reserved,  17-15–17-29
Art. III. Zoning and Planning Board,  17-30–17-45
Art. IV. Board of Adjustment,  17-46–17-61
Art. V. Zoning Map and Zoning Changes,  17-62–17-80
Art. VI. Regulations Generally,  17-81–17-120
Art. VII. District Regulations,  17-121–17-140
Art. VIII. Variances,  17-141–17-156
Art. IX. Nonconforming Uses  17-157–17-165

ARTICLE I. IN GENERAL

Sec. 17‑1. Short title.

This chapter shall be known as the “Indialantic Zoning Code” and may be so cited. (Code 1962, 28‑1; Ord. No. 11-13, 1, 7-27-11)

Sec. 17‑2. Purpose of provisions.

(1) The provisions of this chapter are designed to:

(a) Lessen congestion in the streets;

(b) Secure safety from fire, panic and other dangers;

(c) Promote the public health and general welfare;

(d) Provide adequate light and air;

(e) Prevent the overcrowding of land;

(f) Avoid undue concentration of population;

(g) Facilitate adequate provisions for transportation, water, electricity, sewerage, schools, parks and other public requirements, and,

(h) Promote and maintain the highest standards of architectural design.

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*Editor’s note–Ordinance No. 142, enacted October 3, 1972, and effective immediately upon enactment, which was essentially an updating of the previous zoning ordinances, Ord. No. 50, adopted a new Ch. 28 of the town’s 1962 Code of Ordinances. That chapter, as amended, comprises Ch 17 of this Code. Reference in the history notes following the provisions of this chapter to “Code 1962, 28‑” are to the provisions of the old Chapter 28 as enacted by Ord. No. 1972.

Cross references–Limitation on number of dogs or cats kept, 4‑50; building and construction regulations generally, Ch. 6; license not to permit business prohibited by zoning, 9‑8; planning generally, Ch. 11.

(2) The provisions of this chapter are promulgated with reasonable consideration to the predominantly residential character of the town, with all other uses of land being either incidental and convenient thereto, or if existing as a result of extraneous factors, being secondary thereto.

(3) This chapter shall be construed to:

(a) Preserve and enhance the one‑family residential character of the town, making provision for such other uses as will contribute to this end; and,

(b) Prohibit such other uses as would be in conflict therewith, and strictly limit the intensity and extent of permitted uses, the intensification and expansion of which would detract from the predominantly one-family residential character of the town, impair property values, or disturb the sense of security of community character that is an inseparable part of the enjoyment of the ownership of property. (Code 1962, 28‑2)

Sec. 17‑3. Interpretation of provisions.

(a) In interpreting and applying the provisions of this chapter, they shall be construed as the minimum require­ments for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, but where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other provisions, rules, regulations or by easements, covenants, or agreements, the provisions of this chapter shall control. (Code 1962, 28‑3)

(b) Notwithstanding that the various zoning districts list as a prohibited use any use which is not a permitted use, the town council notes various uses are so similar to existing permitted uses as to be one and the same. Such uses are permitted by reasonable implication. In reviewing the zoning code to determine whether a use is permitted in a particular zoning district by reasonable implication, the code reviewer shall first be guided by the plain meaning of the code and secondarily by the intent of the town council and zoning and planning board in adopting and drafting the zoning code. The list of permitted uses may include those uses permitted by reasonable implication that are substantially similar in nature and character but not more intense or dense by use, not generating greater amounts of motor vehicle traffic or noise, and in the case of commercial uses, not normally operating earlier in the morning or later at night than other similar permitted uses; provided, that all other uses not expressly permitted or determined to be permitted by reasonable implication shall be prohibited.

(Ord. 08-01, 1, 11-20-07)

Sec. 17‑4. Definitions.

As used in this chapter, the following words and phrases shall have the meanings indicated:

(1) Accessory use, accessory building or accessory structure. A subordinate use or building, used for non‑living purposes such as storage, located on the lot with the main building, which shall not cause any of the following nui­sances to be detectable to the normal senses off the lot: Noise, vibrations, glare, fumes, odors, powders, hazardous materials, liquids, electrical interference in any radio or television receiv­ers, or fluctuations in power line voltage.

(1.1) Aquifer. An underground formation, group of formations, or a part of a formation, that is permeable enough to transmit, store, or yield usable quantities of water.

(2) Alley. Any public or private right‑of‑way set aside for public travel less than thirty (30) feet in width.

(3) Alteration. As applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

(4) Apartment. Any building containing three (3) or more complete rental living units.

(5) Area, building. The aggregate of the maximum horizontal cross section area of the main building on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than three (3) feet, steps, one‑story open porches, bay windows not extending through more than one story and not projecting more than three (3) feet, balconies and terraces.

(6) Automotive repair facilities. All mechanical and engine overhaul or repair, body work and painting of automotive vehicles.

(7) Automotive vehicles. Any self‑propelled vehicle or conveyance designed and used to transport or move persons, animals, freight, merchandise or any substance, and including passenger cars, trucks, buses, motorcycles, scooters, but not including tractors, construction equipment or machinery, or any device used for performing a job except as stated above.

(7.1) Bed and breakfast. A use: (i) consisting of a building(s) designed and used as a single- family detached dwelling; (ii) consisting of a single-family dwelling unit together with the rental of one or more, but not to exceed nine (9) dwelling rooms or suites on a short-term basis, usually by the night to tourists, vacationers, or similar transients; (iii) where the provision of meals, if provided at all, is limited to the breakfast meal for overnight guests; and (iv) where the bed and breakfast operation is conducted by an owner or operator of the bed and breakfast facility who physically resides on the premises. A bed and breakfast is not a rooming house or a permanent dwelling except for the owner or operator of the bed and breakfast facility and said individual’s family.

(7.2) Body Piercing.  For commercial purposes the act of penetrating the skin to make, generally permanent in nature, a hole, mark, or scar.  Body piercing does not include the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

(8) Building. Any structure constructed or used for residence, business, industry, or other public or private purposes or acces­sory thereto, and including tents, lunch wagons, dining cars, trailers, mobile homes, sheds, garages, accessory buildings, car­ports, animal kennels, and similar structures whether stationary or movable.

(9) Building line. The line between which and the street line or lot line no building or other structure or portion thereof, except as provided in this Code, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line.

(10) Building permit. A written authority to build, issued by the building official.

(10.1) Building site. Any group of one (1) or more lots or parcels of land occupied or intended for development as a unit, whether or not as part of a larger development site.

(10.2) Child day-care center.  An enterprise involving the care of three or more children at one and the same time, either by day or night, which children are not foster children or related by blood or marriage to the operator.

(11) Club vendor. A private club vending alcoholic beverages and intoxicating liquors without limitation as to alcoholic content, at retail, for consumption upon the premises.

(12) Cocktail lounge. A room having a bar and tables set up at all times and used for serving alcoholic beverages and/or food.

(12.1) Community Residential Home. A facility in which the owners or operators are subject to licensing and approval by the State of Florida, Department of Health and Rehabilitative Services, and where said owners or operators provide basic care, personal services, and supervision necessary to meet the physical, emotional and social needs of assigned, unrelated residents. A community residential home shall house no more than fourteen (14) assigned residents and shall be categorized by levels, according to the number of assigned residents residing on the premises, the zoning district in which it is permitted, and the requirements contained in article VI. of this zoning code. Residents of these homes shall be as defined in section 419.001(1)(d) of the Florida Statutes (1993), as amended from time to time.

Levels shall be as follows:

1. Level I facility – No more than six (6) assigned residents.

2. Level II facility – Seven (7) to fourteen (14) assigned residents.

(13) Condominium. Any multifamily dwelling containing individually owned living units.

(14) Court. An unoccupied open space other than a yard on the same lot with a principal building, and fully enclosed on at least three (3) adjacent sides by the walls of the main building.

(15) Court, inner. A court enclosed on all sides by exterior walls and lot lines on which walls are allowable.

(16) Court, outer. A court enclosed on not more than three (3 sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

(16.1) Crushed coquina shell rock (also known as cemented co­quina rock). A small marine clam’s hard, mineral‑like calcareous covering which has been reduced to particles by pounding or grinding and is relatively dust‑free when compared to most other types of gravel and is permeable.

(17) Cul‑de‑sac. A blind alley or street which is open at one end only.

(17.1) Day.  A day refers to one (1) calendar day and not a business day.  When action is required to be taken within a certain number of days and the final day in the time period falls on a weekend, or a town recognized holiday, when the town administration offices are closed for business, the time period shall be extended until the close of business on the next day after the weekend or holiday that the town administration offices are open for business.  When a legal advertisement is to be made a certain number of days prior to a town meeting and the time period ends or begins on a weekend, or a town recognized holiday, when the town administration offices are closed for business, the time period shall not be extended or changed.

(17.2) Detention or to detain. The collection and temporary storage of storm water in such a manner as to provide for treatment through physical, chemical, or biological processes with subse­quent gradual release of the surfacewater.

(18) Depth of lot or lot depth. The distance measured in the mean direction of the side lines of the lot from the standpoint of the front lot line to the midpoint of the opposite main rear line of the lot.

(19) (a) Drive-in restaurant. An establishment serving food and/or drink where provisions are made for customers to drive across the curbs or sidewalk lines and receive service and/or consume food and/or drink in automobiles or other motor vehicles where said vehicle stands or parks in its own separate parking space during the process; and/or establishments where food and/or drink is pre­pared and/or served outside of an enclosed building, including open‑air restaurants, diners, hot dog stands, barbecue stands or similar establishments.

(b) Drive‑through restaurant. An establishment serving food and/or drink where provisions are made for cus­tomers to drive across the curbs or sidewalk lines and place orders for food and/or drink prepared inside and served through window(s) of the restaurant to custom­ers seated in their automobiles or other motor vehicles where said customer places an order by two‑way speaker or other means and/or progresses in said vehicle via a designated path to the take‑out window and then di­rectly leaves the premises or parks without receiving service from a carhop.

(20) Duplex. Two (2)complete living units within one principal building.

(21) Dwelling. A house, apartment, or building designed or used primarily for human habitation, but not including boardinghouses or rooming houses, hotels, motels, tourist courts, vacation rentals or other structures for transient residents.

(22) Dwelling house. A detached house designed for, and occu­pied exclusively as, the residence of not more than two (2) fami­lies, each living as an independent housekeeping unit.

(23) Dwelling unit. One or more rooms providing complete liv­ing facilities for one family, including equipment for cooking or provisions for the same, and including a room or rooms for living, sleeping and eating.

(24) Dwelling, multifamily. A dwelling or group of dwellings on one plot containing separate living units for three (3) or more families, but which may have joint services or facilities.

(24.1) Earth station. See Satellite dish antenna.

(25) Essential service. The erection, construction, alter­ation, or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.

(26) Family. A single individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, legal right (such as foster children, guardianship, etc.) or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or sorority house. But in no event may more than two (2) persons, eighteen (18) years of age or older, unrelated by birth, marriage or legal right constitute a “family” hereunder.

(27) Floor area, gross. The sum of the gross horizontal areas of the several floors of the building excluding areas used for acces­sory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building, All horizontal dimensions shall be calculated from the outside exterior faces of walls.

(27.1) Fresh water. Water from lakes, rain or processed water obtained from a water utility system.

(28) Front lot line. That property line which abuts on a public street, or in the event the property abuts on two (2)or more streets it shall mean that property line abutting on a street which has been so designated by the owner at the time of his application for a building permit.

(29) Front yard. An open unoccupied space (except as permitted herein) on the same lot with a principal building and extending across the width of the lot between the front lot line and the front walls or supports of the principal building regardless of its configuration. The location of the front yard is depicted on the drawing located at the end of this section 17-4. In the event of conflict between this written definition and the drawing, this written definition shall prevail.

(30) Garage, private. A building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.

(31) Garage, public or storage. A building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.

(31.1) Glare. A harsh uncomfortably bright light.

(31.2) Groundwater. Water below the surface of the ground whether or not flowing through known and defined channels.

(31.3) Grow House:  a grow house is a property, sometimes located in a residential neighborhood that is primarily used for the cultivation, or processing, of marijuana.  A grow house is typically outfitted with equipment to provide water, food, and light to the marijuana plants, and the houses themselves are usually kept in good condition to blend in with the neighborhood.  Illegal electrical hookups are a common feature of grow houses, to both save money and to make it harder for authorities to identify them due to their unusually high electrical usage.  As used in this definition, the “processing of marijuana” means the conversion of marijuana into medical marijuana products for a qualifying patient’s use.  The “cultivation of marijuana” means the growth and harvesting of marijuana.  A “qualifying patient” is defined in s. 29, Art. X of the Florida Constitution.

(32) Half-story. A story under a sloping roof, the finished floor area of which does not exceed one‑half (l/2) the floor area of the floor immediately below it; or a basement used for human occu­pancy, the floor area of that part of which thus used, does not exceed fifty percent (50%) of the floor area of the floor immediately above.

(33) Height, building. The height of a structure shall be determined by the vertical dimension measured from the lowest, minimum permitted finished floor elevation, as determined by applying the Florida Building Code as adopted in Section 6-27, town code, and the provisions of Section 17-92 and Chapter 6.5 of the town code, to the highest point of the roof. Chimneys, air conditioning equipment, ventilators, and elevator shaft extensions shall be excluded in the measurement of building height; however, these exclusions shall not exceed the minimum height established by the Florida Building Code.

(34) Home occupation. An occupation carried on by a member of the resident family within the walls of a dwelling unit and not visible or noticeable in any manner or form from outside the walls of the dwelling.

(35) Hotel. A multi‑story structure for transient or permanent guests, and which may include rooms without cooking facilities and complete apartment facilities. All units of a hotel shall be confined within one structure except for the necessary accessory buildings.

(35.1) Impervious surface. A surface which has been compacted or covered with a layer of material so that it will not permit the passage of water downward into the ground.

(36) Junk. Any worn‑out, cast‑off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.

(37) Junkyard. The use of more than ten (10) square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk.

(38) Living area. That area of a dwelling unit, enclosed, which is protected from the elements and able to be heated, including interior halls, closets, utility and storage areas in the main building but excluding garages, carports, screened porches, and unenclosed areas. All horizontal dimensions shall be calculated from the outside faces of walls.

(39) Living unit. The rooms comprising the essential elements of a single housekeeping unit. Facilities for the preparation, storage and keeping of food for consumption within the premises shall cause a unit to be construed as a living unit.

(40) Loading space. An off‑street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

(41) Lot. A piece, parcel or plot of land of at least sufficient size to meet minimum zoning requirements, occupied or to be occupied by one principal building and its accessory buildings and including any required open spaces.

(42) Lot of record. Alot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat prior to the effective date of this chapter.

(43) Lot, corner. A lot at the point of intersection of and abutting on two (2) or more intersecting streets, the angles of intersection being not more than one hundred thirty‑five degrees (135°). It is the land occupied or to be occupied by the corner building and its accessory buildings.

(44) Lot, reversed corner. Acorner lot the rear of which abuts upon the side of another lot whether across an alley or not.

(45) Map. The official zoning map of the town.

(45.1) Marijuana: Marijuana has the same meaning as provided in s. 29, Art. X of the Florida Constitution.

(45.2) Marijuana-based product: A marijuana-based product means a product that contains marijuana or any of its derivatives, including, but not limited to, tonics, tinctures, balms, salves, lotions, sprays, ointments, drinks, foods, and pills.

(45.3) Marijuana dispensary.  A marijuana dispensary is a facility that acquires, obtains, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana (including development of related products such as food, tinctures, aerosols, oils, or ointments), related legal supplies, or educational materials to qualifying patients, as defined in s. 29, Art. X of the Florida Constitution, or their caregivers, as defined in s. 29, Art. X of the Florida Constitution, and is registered with the Florida Department of Health.  A marijuana dispensary may also be defined as a “dispensing organization” as provided by Florida law.

(45.4) Mobile marijuana dispensary.  A mobile marijuana dispensary is any legal entity, clinic, cooperative, club, business, or group which transports, delivers, or arranges the transportation, or delivery, of marijuana or marijuana-based products to any person.  A mobile marijuana dispensary may only sell or fill prescriptions for marijuana within a district in which a mobile marijuana dispensary is a permitted use, said location being its principal place of business.  A mobile marijuana dispensary may physically deliver marijuana in zoning districts in which a mobile marijuana dispensary is a prohibited use.  A mobile marijuana dispensary may not sell or fill prescriptions in a zoning district in which a mobile marijuana dispensary is a prohibited use.  For the purposes of this definition, a “sale” occurs at the principal place of business at which an order for marijuana is taken, payment is processed for accounting purposes, and a prescription for marijuana is filled.

(46) Motel. A group of tourist accommodation units and designed primarily for access by automobile.

(47) Nonconforming building. A building which does not conform to the provisions of this chapter for all items other than type of use.

(48) Nonconforming use. A use of a building or land lawful at the time of the enactment of this chapter that does not conform with the provisions of this chapter for the district in which it is located.

(49) Occupied. The use of a building or land for any purpose, and shall include occupancy for residential business, industrial, and public use, as well as for manufacturing and storing facilities.

(49.1) Outdoor cafe. An outside area which contains tables and chairs for use in connection with a food service establishment.

(49.2) Park.  A noncommercial facility designed to serve the recreation needs of the residents of the community.  Such facilities include neighborhood parks, community parks, and beach areas, all as depicted on the recreation and sidewalk/bike trail map (existing) – exhibit 13 in the recreation and open space element of the Town’s comprehensive plan.  Such facilities may also include, but shall not be limited to, school and religious institution ball fields, if the meet the above definition.  Commercial amusement facilities, such as water slides, go-cart tracks and miniature golf courses shall not be considered parks.

(50) Parking space. An area specifically and permanently de­signed for the parking or storage of motor vehicles and having minimum dimensions of ten (10) feet by twenty (20) feet. When a curb stop or curbing is used as a wheel stop for head‑in parking, the twenty‑foot dimension may be reduced to eighteen (18) feet of paving plus a two‑foot overhang area. Compact car spaces nine (9) feet by eighteen (18) feet may be approved by the zoning and planning board if justified by the configuration of the site plan and a demonstration of control by the owner. Compact car spaces shall not exceed twenty percent (20%) of the total number of au­tomobile parking spaces.

(50.1) Permeable. Having the characteristic of permitting the passage of some substances (water) through its interstices or pores.

(50.2) Pervious. Being of a substance that can be penetrated or permeated such as a soil that allows passage to lower levels.

(50.3)  Practical difficulty.  In the case of a variance, a practical difficulty is a standard which is similar to but less rigorous than the unnecessary hardship standard.  It is a non-self created characteristic of the property.  The standard asks whether a literal enforcement of a zoning regulation will create a practical difficulty in the use of the parcel of land for the purpose or in the manner for which it is zoned.  Some of the factors that may be considered in determining whether a practical difficulty exists include:  (i) how substantial the variance is in relation to the requirement sought to be varied; (ii) whether a substantial change will be produced in the character of the neighborhood; (iii) whether the difficulty can be obviated by some method feasible for the applicant to pursue other than by a variance; and (iv) whether, in view of the manner in which the difficulty arose, the interest of justice will be served by allowing the variance.  Finding that factors (i) (that the variance requested is not substantial); (ii) (that a substantial change in the character of the neighborhood will not occur if the variance is granted); (iii) (that the difficulty occurring can only be obviated by grant of the variance); and (iv) (that the interest of justice will be served by granting of the variance), are all factors in support of the variance.

(51) Principal building. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed the principal building on the lot on which the same is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, or a covered walkway that could be open sided that is structurally attached to the principal building and a carport, shed, or garage that meets the wind loading, wind borne debris, wind speed, wind resistance and other wind-related requirements of law, the Florida Building Code or town code shall be deemed part of the principal building.  However, a detached and structurally independent carport, garage, covered walkway or other structure shall be deemed an accessory building.

(52) Private club. A club operated for the benefit of members only and not accessible to the general public.

(53) Public use. Any use of land or a building owned and operated by a municipality, county, state or federal government or agency thereof, and for a public service or purpose.

(54) Rear yard. An open unoccupied space (except as permitted herein) on the same lot with the principal building and extending across the width of the lot, except on corner lots, between the rear lot line and the rear walls or supports of the building. The location of the rear yard is depicted on the drawing located at the end of this section 17-4. In the event of conflict between this written definition and the drawing, the written definition shall prevail.

(54.1) Recreational vehicles. Trailers, campers, motorhomes, truck-campers, travel trailers, camper buses, boats, boat trailers, boats mounted on trailers, air boats, air boat trailers, air boats mounted on trailers, and vans over seven (7) feet in height which bear the Recreational Vehicle Association (RVA) Seal of Approval, all of which are referred to as RV’s.

(54.2) Residential zoning districts shall include the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts.

(55) Restaurant. An enclosed building in which food and beverages are prepared and served to the public at tables in a dining room or rooms located therein, and shall not include open‑air or drive‑in restaurants, diners, hot dog stands, barbecue stands, or similar establishments where food is delivered or served to cars, or on stools, outside the main body of the restaurant. The primary business shall be the service of food.

(55.1) RV’s. See Recreational vehicles.

(56) Rooming house. Any dwelling in which more than three (3) persons either individually or as families are housed or lodged for hire, with or without meals. A boardinghouse or furnished room shall be deemed a “rooming house.”

(56.1) Satellite dish antenna. An antenna, often paraboloid in form, for receiving communication or other signals from satel­lites along with associated equipment to receive, magnify, interpret, and transfer such signals.

(56.2) School.  An institution for instruction and learning whether public or private; including grade schools, middle schools, high schools, colleges and universities, however not including private schools of professional training or day care centers.

(57) Semi‑public use. Any use of land or buildings owned and operated by any person, lodge or club, either as a profit or non‑profit activity, for a public service or purpose. This shall include privately owned utilities, transportation, recreation, education and cultural activities and services.

(58) Service station. Building and premises where petroleum products, grease, batteries, tires, or automotive accessories may be supplied, installed, or dispensed at retail for automobiles or other motor vehicles. Convenience stores, e.g. (but not limited to), a 7-11 Store, Hess Mart, Majik Market, Circle K, Super America, and the like, dispensing gasoline shall be considered automobile service stations. The following general services and sales may also be rendered at service stations:

(a) Sales and servicing of spark plugs, batteries, and distributors and distributor parts;

(b) Tire sale or servicing or indoor repair, but not recapping or regrooving.

(c) Replacement of mufflers and tail pipes, water hose and fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and similar items.

(d) Radiator cleaning and flushing;

(e) Lubrication;

(f) Providing and repairing fuel pumps, oil pumps, and lines;

(g) Servicing and repair of the carburetor;

(h) Emergency wiring repairs;

(i) Adjusting and repairing brakes;

(j) Air conditioning servicing; and

(k) The rental of moving trucks or trailers; provided, however, that no more than two (2) such vehicles may be on the service station premises at any one time.

Items (a) through (j) shall be accomplished indoors only.

(59) Setback building line. Abuilding line back of the street line.

(60) Side yard, corner. An unoccupied space (except as permitted herein) on the same lot with a principal building and extending from the front yard to the rear lot line on the side abutting the street and lying between the side lot line and the walls or supports of the building. The location of the side yard, corner, is depicted on the drawing located at the end of this section 17-4. In the event of conflict between this written definition and the drawing, the written definition shall prevail.

(60.01) Side yard, interior. An unoccupied space (except as permitted herein) on the same lot with a principal building and extending from the front yard to the rear yard between the side lot line and the walls or supports of the building. The location of the side yard, interior, is depicted on the drawing located at the end of this section 17-4. In the event of conflict between this written definition and the drawing, the written definition shall prevail.

(60.1) Sidewalk sale. A commercial sale or display of goods, products, wares, merchandise, services or material related to services, any one or all of which is sold or displayed on a sidewalk immediately contiguous to the building/commercial premises within which the vendor has for commercial sale or display goods, products, services, or material related to services. The display of goods, products, wares, merchandise, material related to services shall be exempt from this definition when such item is part of an approved sign.

(60.2) Skateboard. A recreational device consisting of a narrow slat constructed of wood, steel, plastic, fiberglass, or other material, to the underside of which are affixed wheels or rollers similar to those on roller skates.

(60.3) Skateboard ramp. A curved or slanted ramplike struc­ture extending upward at an angle sufficient to facilitate the downward and forward motion of a person while mounted on a skateboard. Nothing stated herein shall be interpreted to waive any requirement of obtaining a permit before constructing a skateboard ramp.

(60.4) Storage unit, temporary portable. A temporary portable storage unit means any unit not less than six hundred (600) cubic feet in size, including, but not limited to, a trailer, box, or other shipping container, which is leased by a tenant primarily for use as storage space whether the unit is located at a facility owned or operated by the owner or at another location designated by the tenant.

(61) Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; or any portion of a building used for human occupancy between the topmost floor and the roof, but shall not include a basement or cellar not used for human occupancy.

(62) Street. Any public or private right‑of‑way set aside for public travel thirty (30) feet or more in width, including roads, avenues, boulevards, lanes, drives, thoroughfares and highways.

(63) Street centerline. The midpoint of the street right‑of‑way.

(64) Street right‑of‑way. The property line which bounds a right-of‑way set aside for use as a street. Where sidewalks exist and the exact location of the right‑of‑way of the street is unknown, the side of the sidewalk furthest from the centerline of the traveled street shall be considered as the right‑of‑way.

(65) Structure. Anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.

(65.1) Surfacewater. The flow of water that results from a rain­fall or other event which creates an over‑supply of non‑salt water that is not instantly permeated through the soil.

(65.2) Tattoo.  Any mark or design on or under the skin of a human being by a process of piercing and ingraining a pigment, dye or ink in the skin.

(65.3) Tattoo Establishments.  Any permanent location, place, area, structure, or business where tattooing is performed.  Such establishment shall be licensed under F.S. 381.00777.  All tattoo artists shall be licensed as required by s. 381.0075, F.S.  For the purposes of this code, a tattoo establishment or a tattoo artist shall not engage in body piercing.

(66) Terrace. An unoccupied open space adjacent to a principal building on one or two (2) sides, prepared with a hard, semi‑hard, or improved surface, and uncovered, for the purpose of outdoor living.

(67) Total floor area. The areas of all floors of a building in­cluding finished attics, finished basements, and all covered areas, including porches, sheds, carports, and garages.

(68) Tourist and transient living accommodations. Any place wherein tourists, transients, travelers or persons desiring tempo­rary residence may be provided with sleeping, sanitary or cook­ing facilities.

(69)Tourist court. Same as “motel.”

(69.1)  Unnecessary hardship.  In the case of a variance, an unnecessary hardship is a standard which is similar to but much more rigorous than the practical difficulty standard.  The unnecessary hardship standard is a very restrictive standard.  It is a non-self created characteristic of the property in question which renders it virtually impossible to use the land for the purpose or in the manner for which it is zoned.  The standard asks whether a literal enforcement of a zoning regulation will create an unnecessary hardship which makes it virtually impossible to use the land for the purpose for which it is zoned.

(70)Use. The purpose of which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

(71) Vacant. A building or parcel of land either not occupied or used or in non‑operative status for a period of one year.

(71.1) Vacation Rental. An attached or detached residential structure or dwelling unit that is rented, leased or assigned for tenancies of less than ninety (90) days or three (3) calendar months, whichever time period is less, and for a monetary consideration, or which is advertised or held out to the public as a place periodically rented for a monetary consideration for periods of less than 90 days or three (3) calendar months, whichever time period is less. For the purposes of this chapter, a vacation rental is a commercial use. For the purposes of this definition, subleases for less than 90 days are to be considered as separate rental periods. This definition does not include month-to-month hold-over leases from a previous lease longer than 90 days. Vacation rental use does not include hotels and motels, which are specifically addressed in specific zoning districts. A vacation rental unit may also be a bed and breakfast facility. A vacation rental unit may be located in an apartment or condominium building or a single-family residential dwelling unit, but only as a specifically permitted use as is noted in a particular zoning district.

(71.2)  Variance.  A variance is a modification of, or deviation from, the regulations of chapter 17 of the town code of ordinances, the Indialantic zoning code, which is authorized and approved by the board of adjustment after the board finds that the literal application of the provisions of the zoning code would cause an unnecessary hardship or a practical difficulty in the use or development of a specific parcel of land or building.

(72)Yard. An open space (except as permitted herein) other than a court, on a lot, unoccu­pied and unobstructed from the ground upward, except as other­wise provided in this Chapter. See also definitions of Front yard; Rear yard; Side yard, corner, and Side yard, interior.

(Code 1962, 28‑4; Ord. No. 153, 3, 6‑19‑73; Ord. No. 261, 1, 9, 10, 11, 19, 7‑17‑79; Ord. No. 84‑344, 1, 3‑20‑84; Ord. No. 85‑21, 1, 8‑20‑85; Ord. No. 86‑2, 1, 3‑18‑86; Ord. No. 86‑11, 4, 4‑15‑86; Ord. No. 86‑13, 2, 6‑17‑86; Ord. No. 86‑17, 2, 8‑19‑86; Ord. No. 87‑2, 1, 12‑16‑86; Ord. No. 87‑3, 3, 2‑17‑87; Ord. No. 87‑9, 2, 8‑18‑87; Ord. No. 90‑13, 1, 2, 1‑15‑91, Ord. No. 92-4, 1, 2-18-92; Ord. No. 93-4, 1-2, 6-15-93; Ord. 94-7, 2, 1-18-94; Ord. No. 95-1, 1, 11-30-94; Ord. 95-9, 1, 7-18-95; Ord. 95-13, 1, 10-17-95; Ord. No. 02-09, 1, 4-16-02; Ord. No. 04-07, 1, 3-16-04; Ord. No. 08-01, 2, 11-20-07; Ord. No. 11-13, 2, 7-27-11; Ord. No. 12-02, 13, 11-21-11; Ord. No. 12-07, 1, 4-17-12; Ord. No. 06-04, 1, 02-10-16; Ord. No. 16-08, 1, 4-13-16)

Editor’s note–Ord No 87‑9, 2, adopted Aug 18,1987, did not specifically amend the Code, hence the definitions contained therein have been included as 17‑4(1.1), (16.1), (17.1), (27.1), (31.2), (35.1), (50.1), (50.2), (65.1) at the discretion of the editor

Secs. 17‑5–17‑14. Reserved.

ARTICLE II. RESERVED *

Secs. 17‑15–17‑29. Reserved.

ARTICLE III. ZONING AND PLANNING BOARD **

Sec. 17‑30. Created.

(1) There is created a zoning and planning board consisting of five (5) members and two (2) alternate members to be appointed by the town council, and a nonvoting member appointed by the School Board. To the extent reasonably possible the School Board shall seek to appoint a town resident as the School Board’s representative.

(Code 1962, 28‑20; Ord. No. 154, 1, 3‑19‑74; Ord. No. 201, 1, 8‑17‑76; Ord. No. 82‑301, 4, 12‑15‑81; Ord. No. 03-03, 1, 3-18-03)

Sec. 17‑31. Organization.

The zoning and planning board shall elect from among its membership a chairman and a vice‑chairman. Said election shall be by a majority vote of the members present and voting in said elec­tion, which election shall be held at the board’s first meeting in January of each year, or as soon thereafter as may be reasonably possible. The council shall provide a secretary. The board may adopt and amend its rules of procedures, subject to the approval of the town council. The town council shall furnish the board with the supplies and personnel it may need.

Voting is restricted to the five (5) members and the alternate members if they are functioning in a regular member’s stead. A quorum will be determined from among the voting members.

(Code 1962, 28‑21; Ord. No. 201, 1, 8‑17‑76; Ord. No. 89‑5, 1 , 1‑17‑89; Ord. No. 90‑5, 1, 1‑16‑90; Ord. 03-03, 2, 3-18-03)

Sec. 17-32. Meetings.

All meetings of the zoning and planning board shall be open to the public and shall be held at the town hall. The zoning and planning board shall meet to hold hearings at the call of the chairman.

(Code 1962, 28-22)

_________

*Editor’s note–Ord. No. 82‑301, 2, adopted Dec. 15, 1981, repealed Art. II, 17‑15–17‑29 of the zoning ordinance, pertaining to the planning commission and its organization, powers, duties, etc.; sections 4 through 6 of said ordinance assigned responsibilities similar to those of the former planning commission to a newly designated zoning and planning board, set out herein as Art. III. The repealed provisions were derived from Code 1962, 28‑10–28‑14.

**Editor’s note–Ord. No. 82‑301, 3, adopted Dec. 15, 1981, amended the zoning ordinance by changing the title of Art. III (formerly, Zoning Board) to Zoning and Planning Board; 4 of said ordinance amended 17‑30 to reflect this change; and 5 and 6 enacted new 17‑36, 17‑37, pertaining to the expanding duties and responsibilities of the redesignated board. In light of the town’s changes to this article, the editor has, at his discretion, deleted all references to the zoning board found in 17‑31–17‑35, and substituted the term, zoning and planning board.

Cross references–Adoption of comprehensive plan, 11‑6; designation of land development code, 11‑8; local planning agency, 11‑10.

Charter reference–Zoning and planning board required, 9.03.

Sec. 17‑33. Minutes.

The secretary of the board shall keep minutes of the meetings of the board, showing particularly the action taken on each ques­tion considered. All minutes shall be filed with the town clerk and shall be open to public inspection.

(Code 1962, 28‑23)

Sec. 17‑34. Powers and duties.

The zoning and planning board shall have the powers and duties as prescribed and provided in this chapter, and in addition thereto, shall have such other powers and duties as are provided and prescribed by the Florida Statutes.

(Code 1962, 28‑24)

Sec. 17‑35. Appeals from decisions.

Appeals from decisions of the zoning and planning board shall be taken to the board of adjustment, provided such appeal is filed with the town clerk in writing within ten (10) days of the zoning board’s decision.

(Code 1962, 28‑25; Ord. No. 85‑16, 2, 6‑18‑85; Ord. No. 85‑18, 2, 8‑20‑85)

Sec. 17‑36. Duties, responsibilities expanded–Authority; duties in general.

The zoning and planning board, in accordance with the Local Government Comprehensive Planning Act of 1975, Sections 163.3161 through 163.3211, Florida Statutes, shall monitor and oversee the effectiveness and status of the comprehensive plan, and rec­ommend to the town council such changes in the comprehensive plan as from time to time may be required.

(Ord. No. 82‑301, 5, 12‑15‑81)

Sec. 17‑37. Same–Zoning and planning.

The zoning and planning board shall:

(1) Make a continuing study of the growth of the town, the zoning problems, and the zoning district boundaries and uses; and make recommendations to the town council rela­tive thereto;

(2) Make recommendations to the town council as to future planning and growth of the town, giving due regard to all methods available for the development of the town; and

(3) Conduct a periodic and systematic review of the need for, and the benefits derived from various portions of the land development code as designated in section 11-8, town code. Upon completion of a review of a particular portion of the land development code, the zoning and planning board shall recommend to the town council elimination, continuation, or amendment of said portion of the land development, stating with specificity reasons for such recommendation. In determining what action to take with regard to its recommendation to the town council, the board shall consider the following:

(A) Would the absence of the ordinance or regulation endanger or harm the public health, welfare, economic order, aesthetics, safety, or public interest?

(B) With regard to the ordinance or regulation, is there a reasonable relationship between the exercise of the police power of the town and the protection of the public health, welfare, economic order, aesthetics, safety, or public interest?

(C) Is there a less restrictive method of regulation available which would adequately protect the public?

(D) Does the ordinance or regulation have the effect, directly or indirectly, of increasing the costs of any goods or services for the public, and if so, to what degree?

(E) Is the increase in cost, as a result of the ordinance or regulation, more harmful to the public than the harm that could result from the absence of the regulation?

(F) Was the ordinance or regulation established to resolve a problem or undertake a new program, and if so, has the problem been resolved, or is the new program underway?

(G) What has been the accomplishments or effects to date of the ordinance or regulation?

(H) Is the ordinance or regulation legal?

(I) Is the ordinance or regulation consistent with the currently effective comprehensive plan?

(Ord. No. 82‑301, 6, 12‑15‑81, Ord. No. 98-5, 1, 3-17-98)

Secs. 17‑38–17-45. Reserved.

ARTICLE IV. BOARD OF ADJUSTMENT

Sec. 17-46. Created.

(1) There is created a board of adjustment consisting of five (5) regular members and two (2) alternate members appointed by the town council. The alternates will have a voice but not a vote in all board of adjustment deliberations, unless one or more regular members are absent, in which case the alternates are authorized to vote in accordance with their designation as Alternate Number 1 and Alternate Number 2 in that order.

(2) Members of the board shall hold office for two (2) years.

(Code 1962, 28‑31; Ord. No. 158, 2, 3‑19‑74; Ord. No. 201, 1, 8‑17‑76)

Sec. 17-47. Organization.

The board of adjustment shall elect from among its member­ship a chairman and a vice chairman. Said election shall be by a majority vote of the members present and voting in said election, which election shall be held at the board’s first meeting in Jan­uary of each year, or as soon thereafter as may be reasonably possible. The council shall provide a secretary. The board may adopt and amend its rules of procedures, subject to the approval of the town council. The town council shall furnish the board with the supplies and personnel it may need. (Code 1962, 28‑32; Ord. No. 201, 1, 8‑17‑76; Ord. No. 89‑6, 1, 1‑17‑89; Ord. No. 90‑4, 1, 1‑16‑90)

Sec . 17-48. Meetings.

The meetings of the board shall be held at the call of its chairman or at such other times as the board may determine. All meetings shall be open to the public. (Code 1962, 28‑32)

Sec. 17‑49. Minutes

The secretary of the board shall keep minutes of its showing particularly the action taken on each question considered. All minutes shall be filed with the town clerk and shall be open to public inspection. (Code 1962, 28‑34)

Sec. 17‑50. Powers and duties.

The board of adjustment shall have the following powers and duties:

(1) As otherwise provided in this chapter, chapter 6 of the town code, and any of the minimum building codes adopted in chapter 6, including but not limited to the Florida Building Code, Florida Building Code, Plumbing,  Florida Building Code, Fuel Gas and Florida Building Code Mechanical.

(2) To grant variances and exceptions, under the provi­sions of this chapter, chapter 6 of the town code, and any of the minimum building codes adopted in chapter 6, including but not limited to the Florida Building Code, Florida Building Code, Plumbing, Florida Building Code Fuel Gas and Florida Building Code Mechanical.

(3) To hear and decide appeals from final decisions of the building official as provided in chapter 6 and any of the minimum building codes adopted in chapter 6, including but not limited to the Florida Building Code, Florida Building Code, Plumbing, Florida Building Code Fuel Gas and Florida Building Code Mechanical.

(4) To make determinations as to the exact location of the boundaries of zoning districts in cases of uncertainty with respect thereto.

(5) To determine the exact meaning, intent and purpose of the provisions of this chapter upon written application by any person for such determination.

(6) To hear and decide appeals from final decisions of the town manager with regard to color code matters, as set forth in article III, regarding the color code in chapter 5.5, town code.

(Code 1962, 28‑35; Ord. 96-1, 12, 10-17-95; Ord. No. 97-6, 3, 5-6-97; Ord. No. 12-02, 14, 11-21-11)

Sec. 17‑51. Appeals to.

(a) Appeals from the final decisions of the building official (other than appeals from decisions made pursuant to the Florida Building Code, Florida Building Code, Plumbing, Florida Building Code, Fuel Gas, or Florida Building Code Mechanical), or the zoning and planning board may be taken to the board of adjust­ment, provided the appeal is filed with the town clerk in writing within ten (10) days of the building official’s or the zoning board’s decisions, under the following conditions:

(1) By any person aggrieved or by any department of the town affected by any final decision of the building official or zoning board.

(2) All applications for appeal shall be in writing.

(3) An appeal stays all proceedings in furtherance of the action appealed from, unless the building official or zoning board from which the appeal is taken certifies to the board that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed except upon a restraining order granted by the board of adjustment or by a court of record.

(4) Each application for appeal shall specify the section or subsection of this chapter involved, shall set forth the exact interpretation claimed with respect thereto, the use for which a special permit is sought, or the details of the variance applied for and the grounds upon which it is claimed that the variance should be granted, as the case may be.

(5) The building official or zoning board from which the appeal is taken, upon notification by the board of adjustment, shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken.

(6) The board of adjustment shall cause to be published in a newspaper of general circulation within the town, at least fifteen (15) days prior to the hearing of an appeal, notice of such appeal.

(7) At the hearing on the appeal, the parties in interest may appear in person or be represented by counsel or by an agent.

(8) The board of adjustment shall decide an appeal within thirty (30) days after the hearing thereon.

(9) In deciding on appeals from the decisions of the zoning and planning board or the building official, the board of ad­justment may, by a majority vote of its members present at the hearing, affirm the decision appealed from, or, by the concurring votes of four (4) members, may reverse, wholly or in part, or may modify the decisions appealed from, and may make such final decision as the circumstances require, with all the powers of the zoning and planning board or building official from which the appeal is taken. At any meeting where an appeal is heard a quorum shall consist of four (4) members.

(b) Appeals from final decisions of the building official pursuant to the Florida Building Code, Florida Building Code, Plumbing, Florida Building Code, Fuel Gas, or Florida Building Code Mechanical shall be made as set forth in the aforesaid minimum standard code, as modified in chapter 6, town code.

(Code 1962, 28‑36; Ord. No. 83‑330, 1,7‑19‑83; Ord. No. 85‑18, 3, 8‑20‑85; Ord. 96-1, 13, 10-17-95; Ord. 12-02, 15, 11-21-11)

Secs. 17‑52–17‑61. Reserved.