ARTICLE VI. ZONING REGULATIONS GENERALLY

Sec. 17-81. Certificates of occupancy.

(1) No land shall be occupied or used and no building or structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the building official, stating that the building or structure, or proposed use thereof, complies with the provisions of this chapter.

(2) All certificates of occupancy shall be applied for at the time of application for a building permit. The certificate shall be issued within three (3) days after the erection or alteration shall have been completed.

(3) The building official shall maintain a record of all certificates and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.

(4) Under such rules and regulations as may be established by the board of adjustment and filed with the building official, a temporary certificate of occupancy for not more than thirty (30) days for a part of a building may be issued by him.

(Code 1962, 28‑57)

Sec. 17‑82. Lots of record in residence districts.

The following provisions shall apply to all lots of record in R‑1A, R‑1B, R‑2, R‑3 and R‑P residence districts:

(1) Minimum size. No dwelling shall be erected on a lot that does not meet the minimum area and dimension requirements for the district in which the dwelling is to be erected. A lot not meeting the minimum requirements shall be deemed a “substandard lot of record”.

(2) Substandard lots of record. Where two (2) or more substandard lots of record with a continuous frontage are under the same ownership, or where a substan­dard lot of record has continuous frontage with a larger tract under the same ownership, such lots may be combined to form one or more building sites meeting the minimum requirements of the district in which they are located.

(3) Access. No dwelling shall be erected on a lot of record which does not abut at least one public street for a distance of at least one hundred (100) feet; or for a distance of twenty five (25) feet along a cul-de-sac, provided that the minimum lot width and area require­ments of this section are met.

(Code 1962, 28‑59)

Sec. 17‑83. Reduction of lot area.

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area, lot width, building area, or other requirements of this chapter are not maintained. This section shall not apply where a portion of a lot is acquired for a public purpose. (Code 1962, 28‑60)

Secs. 17‑84, 17‑85. Reserved.

Editor’s note–Sections 4 and 5 of Ord. No. 91‑2, adopted Nov. 7, 1990, repealed 17‑84 and 17‑85 in their entireties. Section 17‑84 derived from the 1962 Code, 28‑61, and 1 of Ord. No. 88‑3, adopted Jan. 26, 1988. Section 17‑85 derived from the 1962 Code, 28‑62. Both sections pertained to platting and construction on unplatted land. Such provisions are now located in 13.5‑3 and 13.5‑4 of this Code.

Sec. 17‑86. Setbacks.

(1) Setbacks from street centerlines. All structures and buildings shall be set back from the centerline of the street right‑of‑way the following minimum distances:

(a) From state and federal highways, fifty‑two (52) feet.

(b) From all other streets, fifty (50) feet.

(2) Where front yard requirements shall govern. Front yard requirements shall govern where they are greater than the required setbacks.

(3) Where setbacks shall not apply. The setback require­ments of this section, for dwellings, shall not apply to any lot where the average depth of existing setbacks on the developed lots located within one hundred (100) feet on either side of the lot is less than the minimum required front yard depth. In such case, the front yard setback may be less than that required, but not less than the average of the existing depths for front yards on developed lots within one hundred (100) feet. In no case, however, shall the minimum setback for residences be less than twenty‑five (25) feet from the property line, not less than fifty (50) feet from the centerline of the street. The setback requirements of this section shall not apply to the placement of dumpsters or dumpster shielding walls.

(4) Setback from two or more streets. Minimum setbacks from two (2) or more streets shall be not less than that specified for the front setback, except as otherwise provided in this chapter.

(5) Ocean‑front. The front setback line for properties fronting on the Atlantic Ocean is established coterminous with the Coastal Construction Setback Line set by the State of Florida. In addition to the factors normally considered by the board when ruling on variances, the board must also determine that the proposed structures do not have a detrimental effect upon the dune area and are of such a nature that the essential character of the locality will not be altered.

(Code 1962, 28‑63; Ord. No. 236, 1, 7‑25‑78; Ord. No. 90‑14, 2, 9‑18‑90)

Sec. 17‑87. Yards and open spaces.

The minimum yard requirements and other open spaces provided by this chapter shall not be encroached upon nor considered as yard or open space or use requirements for any other building.

(Code 1962, 28‑64)

Sec. 17‑88. Fences; walls.

(1) It is the intent of this section to permit the fencing or enclos­ing of side yards and rear yards only except that fences within the front yard area of properties located in the C, C-1 and C-2 zoning districts may be permitted as specifically allowed herein. Fences and walls may be constructed parallel to the side and rear property line to a maxi­mum height of six (6) feet, in accordance with the setbacks set forth below. No fence, wall, or partial fence, or partial wall, with the exception that a standard residential light fixture may be erected at the entrance way, shall be constructed on or within the front set­back region that extends from the property line abutting on a street to the front line of the building approximately parallel or parallel to the street. This section does not apply to curbing, edging, or bumper strips of normal height, not to exceed eight (8) inches.

(2) In the C, C-1, and C-2 zoning districts decorative fences may be placed within the front yard area up to the front and side property lines subject to the following:

(a) Maximum height of the fence is three (3) feet excluding caps, finials, posts, etc. which may extend up to six (6) inches.

(b) The fence must be at least 50% open including any vegetation attached to or growing on the decorative fence.

(c) Fencing material must be either aluminum or PVC (polyvinyl chloride).

(d) The fence must consist of predominantly vertical members and the fence must be of a uniform color and height.

(e) Fence color shall be limited to white or the single lightest color sample on one of the color panels contained in the official Town color chart.

(f) Fence placement must not interfere with or obstruct visibility of intersections, driveway curb cuts, sidewalks, etc.

(3) Setbacks.

(a) No fence, wall, or partial fence, or partial wall shall be constructed on front lot lines, nor in the front setback region.

(b)All permitted fences, walls, or partial fences, or partial walls, except those walls shielding dumpsters, shall be setback a minimum of ten (10) feet from any lot line abutting a street. In the case of the front yard it shall be set back a minimum of twenty-five (25) feet, or to the front line of the building, whichever is greater.

In the case of a corner lot, the side yard fence shall be setback a minimum of ten (10) feet from the lot line on the abutting street.

(4) The supporting structure side of all fences shall face to the interior of the fenced property.

(5) Plans showing the location and construction details of all fences, walls, partial fences and partial walls shall be submitted to the building official and a building permit obtained prior to starting construction. Only the following types of fences or walls may be constructed:

(a) Rot- and termite-resistant wood; or wood which has been chemically treated to resist rot and termites;

(b)Ornamental iron, steel or aluminum;

(c) Concrete or masonry, solid or ventilated;

(d) Chain link fences shall be permitted in rear yards only, if rear yard fences abut a street, they must be green, brown or black plastic coated. A chain link fence with slats is not permitted.

(e) White vinyl (PVC)

(6) Swimming pool fences. See section 17‑105.

(7) Additional regulations for districts R-3, R-P, C, C-1, C-2 and CH are specified under ‘buffer strips’ in sections 17-124,17-125,17-126(2)(g), 17-128(n) and (o) and 17-131(2)(g) of this Code.

(8) Additional regulations for areas east of Miramar Avenue (Highway A-l-A): Fences, walls, or partial fences, or partial walls shall not cause the breezeway to be less than the required thirty per cent (30%) as follows. “Breezeway” is defined as a clear, open, vertical area free of construction or buildings extending from the Atlantic Ocean to Miramar Avenue (Highway A-l-A). The thirty per cent (30%) calculation is based on a line parallel to Highway A-l-A to include the percentage of open distance (breezeway) from the building or buildings to the property lines perpendicular to Highway A-l-A. This provision requires a thirty percent (30%) breezeway defined by rectangular dimensions (running basically east to west) with a clear and open line of sight from Highway A-1-A to the ocean. This requirement shall apply regardless of the configuration of platted lots of record (or portions thereof) and regardless of the configuration of a building site (or portion thereof) based on ownership of that site. Those lots whose eastern property line abuts the Atlantic Ocean shall be further restricted as set out by reference in Indialantic Code section 6-31 regarding fencing interfering with the breezeway, which prohibits rear lot north/south fencing and a three (3) foot (sand fence) height limitation on permitted fences running approximately perpendicular to Miramar Avenue and the Atlantic Ocean.

(9) Notwithstanding the above, for any lot in which a side or rear property line abuts a street right‑of‑way being used solely as a bicycle path for non‑motorized vehicles, the requirements of subsection (3)(b) above concerning setback requirements from such property lines actually adjacent to said right‑of‑way shall be sus­pended for so long as the right‑of‑way continues to be used as a bicycle path for non‑motorized vehicles and the property owner may erect, upon appropriate application and issuance of a build­ing permit, fencing which shall not extend beyond the property line boundary abutting such right‑of‑way. This provision shall be in effect for so long as the bordering right‑of‑way continues to be used as a bicycle path. No other requirements are changed hereby.

The property owner, as a condition precedent to receiving a fencing permit required by section 6‑11, must sign an acknowledgment and agreement that any permit issued under this sub­section (8) shall be valid only for so long as the bicycle path continues to be maintained for non‑motorized vehicular traffic, and that in the event any governmental agency determines it advisable, in its sole discretion, to convert such right‑of‑way to a throughway for motorized vehicles, the provisions of Indialantic Code section 17‑88(2)(b) shall be retroactively enforced and all affected property owners, including subsequent grantees, shall be required to comply with said section at their expense within thirty (30) days of receiving notice by the building code enforcement board of the enforceability of section (2)(b). Said applicant shall also agree to put any successor in title on notice of said acknowledgment and agreement.

(10) A fence surrounding a construction site may be permitted only during construction provided a valid permit has been issued for activity on the site, existence of the fence is appropriate to the type of construction that has been permitted, is outside of the Town right-of-way, does not exceed six (6) feet in height, does not block the visibility for motorists or bicyclists, and is comprised of chain link.  The fence may be covered with material to provide greater site security and/or to less dirt being blown off the property.

(Code 1962, 28‑65; Ord. No. 81‑298, 1, 8‑18‑81; Ord. No. 86‑18, 1, 7‑15‑86; Ord. No. 90‑14, 3, 9‑18‑90; Ord. No. 95-9, 2, 7-18-95; Ord. No. 02-04, 1, 2-18-02; Ord. No. 03-05, 1, 3-18-03; Ord. No. 05-03, 1, 12-16-04; Ord. No. 11-01, 1, 11-16-10; Ord. No. 17-07, 2, 3-8-17)

Sec. 17‑89. Public and semi‑public buildings.

(1) Public and semi‑public buildings shall conform to the minimum lot, yard setback, and height requirements of the district in which they are located.

(2) For all public or semi‑public uses, there shall be off‑street parking spaces provided (inclusive of front or side yard requirements) as follows:

(a) Churches and auditoriums, one space for each five (5) seats.

(b) Clubs and lodges, one space for each six (6) members.

(c) Libraries, one space for each five hundred (500) square’ feet of floor area which is open to the public.

(d) Government buildings, one space for each three (3) employees.

(e) Schools, one space for each classroom, laboratory and shop room, and in the case of high schools, one space for each ten (10) students.

(Code 1962, 28‑66)

Sec. 17‑90. Principal and accessory buildings.

(1) One principal building only and its customary acces­sory buildings may be constructed on any lot. In residence districts, a dwelling shall be deemed the principal building on the lot on which it is located.(Code 1962, 28‑67)

Sec. 17‑91. Accessory buildings and structures in residential zoning districts.

The following regulations shall apply to accessory buildings and accessory structures located upon any lot within a residential zoning district:

(1) No accessory building or accessory structure shall be: (A) erected in any front or required side yard; (B) used for living quarters, home occupations or professional use; or (C) permitted on any lot without a pre-existing primary structure on the same building site.

(2) Construction, installation or alteration of any accessory building, accessory structure, or utility shed, shall comply with all requirements of building permits prior to final inspection and issuance of a certificate of occupancy or certificate of completion.

(3) There shall be no more than one (1) accessory building and one (1) utility shed permitted on each lot. The total square footage of an accessory building and a utility shed located on the same lot shall not exceed 30% of the required rear yard of the zoning district in which it is to be located.

(4) Barbecue pits: Barbecue pits shall be located in the rear yard only and shall be set back at least ten (10) feet from all lot lines and from any building.

(5) Private Garages: Accessory buildings designed to be used for a private garage shall not exceed 600 square feet and shall conform to the architectural, structural and installation requirements for hurricane force winds the same as the principal building.

(6) Utility sheds: Accessory buildings used as utility sheds or for storage shall be located in the rear yard only and shall not exceed 300 square feet in size and shall meet the structural and installation requirements for hurricane force winds the same as the principal structure. Prefabricated units or kits are required to meet installation requirements of the current coastal building code.

(Code 1962, 28‑68, Ord. No. 92-13, 1, 3-16-93; Ord. 95-9, 3, 7-18-95)

Sec. 17‑92. Building grade.

(1) The elevation of the finished grade of buildings, other than residential, shall be no less than twelve (12) inches above the elevation of the crown of the street as designated by the town.

(2) The elevation of the finished grade of all residential buildings shall be not less than eighteen (18) inches above the elevation of the crown of the street for the principal building, and no less than ten (10) inches above the elevation of the crown of the street, as designated by the town, for a garage, carport, or parking area.

(Code 1962, 28‑69)

Sec. 17‑93. Reserved.

Editor’s note – Ord. No. 93-5, adopted August 17, 1993, repealed 17-93 which pertained to sheet metal and rolled roofing and derived from Code 1962, 28-70.

Sec. 17‑94. Moving buildings into town.

No building shall be moved into the town without prior approval of the zoning board.

(Code 1962, 28‑71)

Sec. 17‑95. Prefabricated buildings.

No prefabricated building shall be erected within the town without prior approval of the zoning board.

(Code 1962, 28‑72)

Sec. 17‑96. Road and driveway construction.

No public streets or driveways shall be constructed, except by the town, county or state, without prior approval of the site and specifications by the town council.

(Code 1962, 28‑73)

Cross reference–Streets and sidewalks, Ch. 13.

Sec. 17‑97. Obstructions to vision at street intersections.

On a corner lot within the area formed by the centerlines of the intersecting streets and a line joining points on such centerlines at a distance of fifty (50) feet from their intersection in the case of all corner lots in the town not adjacent to and/or abutting (on any side) Fifth Avenue and/or SR A1A (Miramar) which shall be at a distance of one hundred (100) feet, there shall be no obstruction to vision between the height of three (3) feet and a height of nine (9) feet above the average grade of each street at the centerline thereof.

(Code 1962, 28‑74; Ord. No. 89‑14, 1, 6‑20‑89)

Sec. 17‑98. Access for vehicles.

 (1)   A point or points of access, driveway, or other opening for vehicles onto a public street shall be acted upon in each case by the zoning board.

(2)   No point of access shall be constructed within ten (10) feet of the right‑of‑way line of any public street intersec­tion.

(3)   No curbs on town streets or rights‑of‑way shall be cut or altered without a permit issued by the building official.

(Code 1962, 28‑75)

 Sec. 17‑99. Offstreet parking.

(a)      Single‑family dwelling or duplex. Offstreet parking facili­ties shall be provided for each single‑family dwelling or duplex in accordance with the following regulations:

 (1) One garage measuring not less than twenty (20) feet wide and twenty (20) feet deep shall be provided for each single-family dwelling unit. One garage measuring not less than ten (10) feet wide and twenty (20) feet deep shall be pro­vided for each dwelling unit of a duplex or one garage measuring not less than twenty (20) feet wide and twenty (20) feet deep may be provided for both units.

(2) If any existing garage or carport shall be removed, destroyed or enclosed, a replacement shall be provided which shall conform to subsection (1).

(3) No carport shall be enclosed if the replacement required by subsection (2) would infringe upon the side or rear yard requirements of the district in which the single‑family dwelling or duplex is located.

(4) Two (2) offstreet parking spaces shall be provided for each dwelling unit in multi‑family units.

(b)   R‑3, R‑P, C, C‑l, C‑2, T, and CH zoning districts. Offstreet parking facilities shall be provided for each building site, except for single‑family dwellings or duplex family living units, in the following zoning districts: R‑3, R‑P, C, C‑1, C‑2, T, and Ch zoning districts, pursuant to this Code and the following standards:

(1)      [Location standards.] Parking spaces for all residential dwellings shall be located on the building site with the main building to be served. Other uses may provide parking at an offsite location; provided that the zoning and plan­ning board approves a plan which meets the following standards:

a. All standards set forth in this Code for onsite parking are otherwise satisfied.

b. There is not sufficient space available to accommodate parking space required by this Code to serve the building site.

c. At least fifty percent (50%) of the parking spaces re­quired by this Code to serve the building site are lo­cated onsite.

d. The offsite parking facility or location must commence within five hundred (500) feet of the building site.

e. The owner of the building site and the offsite parking location shall submit to the town a restrictive cove­nant in form and substance acceptable to the town, reserving the offstreet parking site for offstreet parking for the building site for as long as the parking shall be required.

(2)  Design standards.

 a. Required offstreet parking areas for three (3) or more motor vehicles shall have individual spaces marked, and shall be so designed, maintained, and regulated in such a manner that no parking shall be located upon or encroach upon any right‑of‑way, public street, walk, or alley, and so that any motor vehicle may be parked and unparked without moving another motor vehicle. Offstreet parking may be provided within required setbacks and yard areas. When an area for parking is to include driveways and maneuvering space, the following table shall govern the minimum width of traffic lanes within the parking area:

Minimum Width of Lanes

Angle of Parking                                         (in feet)

(in degrees)                                  One‑Way      Two‑Way

   0                                                           16               22

45                                                           16         Not permitted

90 (perpendicular to curb)            20              22

No Parking Allowed              16              22

60                                              18         Not permitted

b.    A plan showing offstreet parking shall be submitted to the town and approved by the zoning and planning board before a permit is issued for the construction of, or the use of, the building, structure, or facility being considered. This plan shall show the location, and accurately designate the number of required spaces, their size, and access aisles, and their relation to the plan.

c.    If lighting is provided in the parking area, it shall be arranged to reflect away from residential structures, as well as from any public right‑of‑way.

d. The surface of the offstreet parking areas shall be covered with a hard-surface coating such as asphalt, concrete, or pervious concrete.

(Code 1962, 28‑76; Ord. No. 197, 2, 6‑15‑76; Ord. No. 90‑13, 3, 1‑15‑91; Ord. No. 02-24, 1, 11-19-02)

Sec. 17‑100. Private driveways in residence districts.

A private driveway, at least eight (8) feet wide, graded and surfaced, shall be provided for each garage or carport within a residence district, extending from such garage or carport to the paved portion of the street used by motor vehicles.  The requirement that the driveway shall be paved to the portion of the street used by motor vehicles shall only be applicable to newly constructed driveways or driveways repaved or reconstructed after April 19, 2011.

(Code 1962, 28‑77; Ord. No. 11-08, 1, 4-19-11)

Sec. 17‑101. Facing of business uses.

 Business uses, if facing a street, shall face other business or commercial uses across a street if within the same zone, and shall not face residential zones which may front on an intersecting or rear street adjacent to such business or commercial zone.

(Code 1962, 28‑78)

 Sec. 17‑102. Home occupations.

(1)      Defined: A permitted home occupation is any lawful use performed by an occupant of a dwelling, which does not change the residential character of the dwelling or premises, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and which meets all provisions of this section.

(2)   There shall be no indication that the dwelling, premises or any vehicles are used for the home occupation; no sign shall be displayed; and all activity associated with the occupation that is performed at the home address shall be performed within the dwelling.

(3)   The home address shall not be used in any type of adver­tising nor in any type of listing, except for:

a.       Directories or listings which are legally required and pre­pared or maintained by or at the direction of governmental bodies.

b.       Listings in telephone directors.

c.       Business cards.

d.       Professional directories.

(4)   No commodities shall be sold within the dwelling, and no display or storage of products shall be made on the premises outside of the dwelling or be in any way visible outside the dwelling. No chemicals or toxic materials may be stored in amounts in excess of those normally related to the residential use of the dwelling. The home occupation shall not displace a use required for the dwelling by this Code; for example, the following shall not be displaced: Use of a carport or garage for storage of materials or equipment is in violation of section 17‑99.

(5)   No equipment, process or use shall be used or made in such home occupation, which creates noise, vibrations, fumes, glare, odors, powders, hazardous materials, liquids or electrical inter­ference detectable to the normal senses, or harmful to flora or fauna, off the lot. In the case of electrical interference, no equip­ment or process shall be used which creates visible or audible interference in any radio or television receiver off the premises, or causes fluctuations in power line voltage off the premises.

(6)   There shall be no pattern of vehicular traffic, caused by the home occupation, to and from the residence, in excess of two (2) vehicles per day, other than that by the occupants themselves.

(7)   All home occupations require an occupational license, such license being issued subject to approval by the building official.

(8)   The building official may deny, revoke, or cancel an occu­pational license granted for a home occupation if the building official determines that:

(a)   There was a material misstatement of information in the application; or

(b)   The home occupation fails to meet the requirements of this section.

(9)   The denial, revocation, or cancellation of an occupational license for a home occupation may be appealed to the board of adjustment pursuant to sections 17‑50 and 17‑51. All property owners within two hundred (200) feet of the dwelling in which the proposed home occupation shall be operated shall be notified in writing of the appeal by the board of adjustment within ten (10) days following the filing of said appeal. Said written notice shall be deemed a courtesy and failure to receive this notice shall not affect any action or proceeding taken by the board of adjustment. (Code 1962, 28‑79; Ord. No. 261, 20, 7‑17‑79; Ord. No. 83‑326, 1, 3‑15‑83; Ord. No. 84‑347, 1, 4‑17‑84; Ord. No. 89‑10, 2–4, 4‑18‑89; Ord. No. 90‑7, 1, 2‑20‑90)

Sec. 17‑103. Parking, storage, and use of certain vehicles.

 (a)      Purpose. It is the intent of this section to establish the length and to authorize the parking and storage locations of RV’s (which are defined herewith).

(b)      Storage and use of RV’s (recreational vehicles) such as campers, trailers, motorhomes, and boats. Trailers, motorhomes, camp­ers, truck campers, travel trailers, campers, buses, air boats, air boat trailers, air boats mounted on trailers, boats, boat trailers, boats mounted on trailers, and certain vans defined in section 17‑4(54.1), hereinafter referred to as “R.V.’s,” which do not ex­ceed forty (40) feet in overall length, may be parked, stored, or stopped on any lot provided that:

(1)   An RV(s), when so situated, shall not be used for residen­tial, office or commercial purposes.

(2)   An RV(s) shall not be connected in any manner to utilities except for the purpose of charging batteries thereon. Use of RV’s for sleeping, housekeeping, or living quarters while so situated shall not be permitted.

(3)  Parking and storage provisions:

a.  An RV(s) shall only be located to the rear of the front structure line of the property and of the adjacent property.

b.  When a corner lot is involved and the RV is located on the side abutting the intersecting street, it shall only be located no less than twenty‑five (25) feet from that side lot line, which corner side yard, as defined in section 17-4(60) of this code, extends from the front yard to the rear lot line on the side abutting the intersecting street, and,

c.  All RV’s, including those mentioned in subsection (b)(3)a. and (2) above, shall be located in side or rear yards of a lot.

d.  An RV(s) shall not be located on any part of the road right-of-way except when moving.

e.      An RV(s), if collapsible, shall be parked or stored in its collapsed condition only.

f.  The sites upon which an RV is parked shall be well kept and free from weeds and other unsightly growth.

g.  This section shall not prevent convenient parking in front of structure line for purposes of loading and unloading as necessary for periods of time not to exceed forty-eight (48) hours.

(c)   Cargo trailers. Only one cargo trailer per residence, up to fourteen (14) feet in overall length is permitted but must be parked as any RV except for purposes of loading, unloading and delivery for such periods of time as may be necessary under the varying circumstances but in no case over forty-eight (48) hours. Additional uses of cargo trailers not herein set forth specifically may be permitted by special permit as provided in subsection (b)(1) above.

(d)   RV’s over forty (40) feet and cargo trailers over fourteen (14) feet. RV’s which exceed forty (40) feet in length, and cargo trail­ers which exceed fourteen (14) feet in overall length, whether powered or unpowered, shall not be permitted except for purposes of loading, unloading and delivery for such periods of time as may be necessary under the varying circumstances but in no case over forty-eight (48) hours.

(e)      Trailer parks. Trailer parks shall not be permitted within the town, except that trailer parks on any property to be annexed by the town shall be ruled upon by the town council at the time of annexation.

(f)      Structure line. For purposes of this section 17‑103, structure line shall be defined as the front line where the main structure on said premises commences.

(Code 1962, 28‑80; Ord. No. 239, 1, 9‑19‑78; Ord. No 86‑2, 1, 3‑18‑86; Ord. No. 88‑17, 1, 10‑25‑88; Ord. 94-14, 1, 7-19-94; Ord. 95-9, 4, 7-18-95; Ord. No. 98-7, 1, 8-18-98)

Cross reference–Parking regulations generally, 15‑17 et seq.

Sec. 17‑ 104. Group housing developments.

 Group housing developments of two (2) or more dwellings to be constructed on a plot of ground under single ownership of two (2) acres or more, not subdivided into the customary streets and lots and which shall not be so subdivided, may be developed provided that:

(1)       Maximum population density (land area per family) is not exceeded.

(2)       Maximum building density (percent of land covered) is not exceeded.

(3)   Height limits and front, side or rear yard requirements shall be met in accordance with the district in which such group housing is permitted.

(Code 1962, 28‑81)

 Sec. 17‑105. Swimming pools.

(1)   Every outdoor private or public swimming pool shall be completely surrounded by a fence or wall six (6) feet in height, or by an enclosure which must be eight (8) feet in height. Said fence, wall, or enclosure shall be so constructed as to not have openings, holes, or gaps larger than four (4) inches in any dimension, except for doors and gates. If a picket fence is erected or maintained, the vertical and/or horizontal gap between pickets shall not be more than four (4) inches. A dwelling house or accessory building may be used as part of such enclosure provided it meets the requirements in subsection (3)(a) below.

(2)  All gates or doors opening to the pool area shall be equipped with a self‑closing and self‑latching device located at least five (5) feet above the ground.  All doors or gates of a dwelling or accessory building which forms part of the enclosure must comply with subsection (3)(d) below.

(3)  Residential swimming pools, spas and hot tubs must meet at least one of the following additional safety requirements:

(a)         The pool must be isolated from access to a home by an enclosure that meets the following pool barrier requirements:

1.            The barrier must be at least 4 feet high on the outside;

2.      The barrier may not have any gaps or openings larger than 4” or indentations, protrusions, or structural components that could make it possible to climb over the barrier;

3.      The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall or other enclosure surrounding the yard unless the fence, wall or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section;

4.        The barrier must be placed at least three (3) feet away from the water’s edge;

5.      The structure of an above ground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top if its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section.  In addition, any ladder or steps that are the means of access to an above ground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section;

6.      Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate at least five (5) feet above the ground;

7.      A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool; and

8.      A barrier may not be located in a way that allows any permanent structure, equipment or similar object to be used for climbing the barrier;

(b)         The pool must be equipped with a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM) in compliance with standard F1346-91.

(c)         All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or

(d)     All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than four and one-half (4 ½) feet above the floor.

(4)   The inside edges of the swimming pool (the waterline) shall be setback at least ten (10) feet from the lot lines for interior lots and at least fifteen (15) feet from the lot line on a corner lot whose side yard abuts a street.

(5)      Enclosures and/or decking shall be setback at least four (4) feet from all lot lines for interior lots and at least ten (10) feet from the lot line on a corner lot whose side yard abuts a street..

(6)   All swimming pools shall conform to the applicable provisions of the building code as adopted in Chapter 6, Town Code and the Sanitary Code of the State of Florida.

(7)      Notwithstanding any other requirement of this section, any lot which abuts the Indian River shall not be required to erect a fence along the lot line abutting and running parallel to such body of water if the fencing running perpendicular to such body of water shall be extended out into the water for a distance of at least three (3) feet.

(Code 1962, 28‑82; Ord. No. 81‑298, 2, 8‑18‑81; Ord. No. 86‑12, 1, 5‑20‑86; Ord. 95-9, 5, 7-18-95; Ord. 01-02, 1, 1-16-01)

Sec. 17-106. Signs.

(1)      Generally. This section [sections 17‑106 through 17‑106.5] shall be known as the “Indialantic Sign Ordinance” [or “the ordinance”] and may be cited as “the sign code.” Its intent is to make it possible to erect adequate, yet decorous, identifying signs. This section accomplishes that goal. The section [sections 17‑106 through 17‑106.5] is enforceable under section 1‑9, general penalty, Indialantic Code of Ordinances. Violators will receive written notification from the code enforcement officer, requesting compliance within a specified time. Noncompliance by that time will result in the issuance of a written notice of hearing before the code enforcement board which has the authority to levy substan­tial daily penalties.

(2) Purpose. It is the intent of this ordinance to promote and protect the public health, safety, general welfare and aesthetics of the Town of Indialantic, Florida, by regulating the existing and proposed posting, display, erection, use and maintenance of signs and advertising structures within the town. Signs placed on land or on a building for identification or advertising shall be deemed to be accessory and incidental to subject land, building or use.

It is hereby recognized that regulation of location, size, place­ment, and certain features of signs is necessary to enable the public to locate goods, services and facilities, without difficulty and confusion, and to prevent wasteful use of natural resources in competition among businesses for attention. It is specifically intended to avoid excessive proliferation and clutter among such competing businesses.

It is further intended to prevent hazards to life and property and to assure the continued attractiveness of the community, to pro­tect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, and to preserve the scenic natural beauty of the town.

It is further determined that signs which may lawfully be erected and maintained under the provisions of the ordinance are consis­tent with customary usage. Signs which may not lawfully be erected or maintained under the provisions hereof are not consis­tent with customary usage and are an unwarranted invasion of the rights of legitimate business interests and of the public.

(3)      Definitions. For the purposes of sections 17‑106 through 17‑106.5, the following words and phrases shall have the meaning herewith assigned to them unless the context re­quires a different definition which, in that case, shall appear at that point in the context:

Attached sign: A removable sign attached to the building to which it is related.

Awning: A rooflike cover, securely fastened on one side or end to a building, and the balance of which extends over or before a place (as over walkway or before a window) as a shelter and whose bottom edge is at least seven (7) feet above the highest grade level beneath it.

Awning sign: A sign which is suspended from, attached to, applied to, or forms any part of any awning or canopy, and which does not extend beyond the limits of the awning either horizontally or vertically.

Banner: Any advertising device, composed primarily of paper, fabric or other material, supported by wire, rope or similar means, including decorative streamers, with or without letter­ing thereon.

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.

Business area: A defined area, consisting of at least two hundred forty (240) square feet, either on a plot of land or in a building such as a store or office, which is owned or rented by an occupant and used for other than residential purposes.

Canopy: A covering over a walkway extending from a build­ing wall.

 Changeable copy sign: A sign on which the message may be changed manually.

Construction sign: A sign, placed on the property of a con­struction project, listing names of the people or firms engaged in the project.

Convenience store: A retail establishment that stocks limited quantities of popular items such as milk, bread, etc., and usu­ally is open for business earlier and later than other stores.

Detached sign: A sign which is attached to and supported by mountings other than the structure itself to which it is related.

Directional sign:

(a)  A sign, consisting of three (3) or less words, which may have an arrow, placed beside a roadway to point the direction to a place or building;

(b)       Off‑premise sign of a temporary nature to direct the public to a special event or function.

Flashing light: Illumination produced by any type of source which turns on and off, or appears to turn on and off, at a rate other than that rate used by street lights.

Illuminated sign:

(a)       Externally illuminated: Any sign which reflects light from a source that is intentionally directed upon the sign;

(b)       Internally illuminated: Any sign designed to provide ar­tificial light through translucent material from a light source within the sign concealed from exterior view.

Light source: Any man‑made product which produces illumination.

Marquee sign: An identification placard or board mounted on a permanent roof‑like projection over the entry to a building.

Mobile or portable sign: Any visual advertising, identifica­tion or informational device or  placard which is readily movable.

Nonconforming sign: A sign or sign structure which does not conform to the requirements of this ordinance.

Occupant: One who is in possession of a premises under title, lease or other rental plan.

Painted wall sign: Any sign painted directly on any exterior building wall or door surface.

Permanent window sign: Any sign which is painted, applied or attached on the inte­rior or exterior surface of windows or doors, or any sign which is three‑dimensional in character and is affixed with screws, bolts, nails, etc., to the interior surface of the window or door.

 Perpendicular: Being at right angles to, and projecting out­ward from, the exterior wall of a building or structure.

Placard: A notice posted in a public place.

Political sign: A sign concerning candidacy for public office or urging action on any ballot issue in a forthcoming election.

 Real estate sign: A temporary sign erected by the owner or agent advertising the real property upon which the sign is located for rent, for lease, for sale, or open house.

Rider sign: A small sign bearing a word or short phrase to be attached above or below a real estate sign.

Roof overhang or underhang signs: Signs which project from the roof line that abut or nearly abut a building, to identify the various businesses in the building.

Roof sign: A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof above the eave line in any way.

Sign: Every ground sign, wall sign, flag, banner, balloon, temporary sign, marquee, awning sign, announcement, declaration, figure, insignia, symbol, picture, painted wall sign, drawing or three-dimensional figure, used to advertise or promote the interests of any business or person when the same is placed out-of-doors in view of the general public or designed to be viewed from public rights-of-way and/or the areas visible to the public.  A mural, as defined in chapter 5.5, town code, shall not be included within the definition of a sign.

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.

Temporary sign: A sign whose uses are limited to political, real estate, construction, garage sales and directional purposes.

Transient sign: A sign made of paper, cardboard or particle board placed on the inside of windows and doors.

Window sign: Any sign which is painted on, applied to, at­tached to, or projected upon or within the interior or exterior of a window area, including doors.

(4) Building identification. Letters or numbers, or both, placed on a building to designate the name of the building are permitted and are not to be considered an occupant’s sign. Said name and numbers are not to exceed nine (9) square feet.

(5)      Permits.

(a)      Permit required. Any person or firm intending to construct, erect, alter, change colors, install, replace, or relocate any sign on any building, structure, awning, lot or right-of-way within any zoning district shall first obtain a sign permit from the building official.

(b)      Permit waived. Permits are not required for those tempo­rary signs that are specifically authorized in this Code in section 17-106.3(1) through (5). Temporary signs are limited in the number that may be used and will be supervised by the town’s code enforcement officer and the police department. They are: Construction signs, real estate signs, garage sale signs, directional signs, and political signs. However, no such signs shall be placed on any tree or utility pole.

(c)      Permit fees. Application, initial inspection and square foot­age fees are required for all signs, with the exception of subparagraph (e) below. A fee schedule may be obtained at the town hall.

(d)      Penalty fee. Double the usual fees may be assessed for signs that are or have been erected prior to receiving an official sign permit from the town.

(e)  Fees waived. Sign permits or fees are not required for the replacement signs which are the exact duplicates of signs damaged during a town council declared “natural disas­ter.” Application, inspection and square footage fees are not required in cases of minor alterations, such as changes in color, provided a permit is obtained from the building official prior to work commencing.

(Ord. No. 84‑344, 4, 3‑20‑84; Ord. No. 84‑349, 1, 6‑19‑84; Ord. No. 91‑9, 1, 1‑15‑91; Ord. No. 97-6, 4, 5-6-97; Ord. No. 04-08, 1, 4-20-04; Ord. No. 10-10, 1, 8-17-10; Ord. No. 11-17, 1, 8-16-11)

Sec. 17‑106.1. [Sign] plan and construction standards.

 (1)   Plan required. Applications for permits shall be accompa­nied by a dimensioned plan, sketch or scale drawing clearly showing the proposed sign with lettering superimposed thereon in correct proportion and type style and with notation of the type of materials and lettering. A dimensioned plan, sketch or scale drawing shall be furnished, clearly showing the proposed loca­tion of the sign, either on a plot plan for a detached sign, or on an elevation drawing of the building for an attached or painted sign. Locations and types of lighting shall be given.

(2)      Construction standards. All signs must be aesthetically pleas­ing, artistically created, and of professional quality. All signs must be designed, constructed and maintained in accordinance with the Florida Building Code. All signs shall be able to withstand the force of one hundred thirty (130) miles per hour wind. The top of all poles, on which signs are mounted, shall not be above the top horizontal edge of the sign unless the poles are part of the design of the sign.

(3)      Lighting. The source of light of illuminated signs or illumina­tion in shop windows, display windows and displays, in or upon any land or ground, building or structure, shall be concealed from exterior view except as specifically permitted. Intensities of illumination shall not exceed those stipulated in the Florida Building Code. All electric lights on all types of signs (wood, plastic, metal, etc.) shall be grounded in accordance with the National Electrical Code.

(4)   Neon signs. Nonflashing, nonmoving neon signs, not to exceed in area ten percent (10%) of each window’s total area or three (3) square feet in area, whichever is smaller, may be mounted on or near the inside surface of store windows. A nonflashing, nonmoving neon sign bearing the word “open” may occupy all of the glass area of a transom over the doorway to the street.

(5)      Warning signs. Signs with words or symbols denoting “Dan­ger” are permitted only on buildings, equipment, fences or other locations, provided that actual danger to life and limb could result from trespassing or ignorance of proper precautions.

(6)      Content. All signs shall be limited to identifying the occu­pant, the street number, and the street name; and the type of products or merchandise or services sold, handled, or conducted on the premises on which the sign is located. If desired, the sign may include a picture of, or a miniature of, or a full‑size sample of, one of the wares available on the premises, provided that all of the information, including the ware is contained within the size limitations of the sign.

(7)      Permit number. Each sign shall include in an unobtrusive area its sign permit number, directly following or directly under­neath the words “Permit No.” and such words and number shall be legible for inspection from ground level.

(Ord. No. 84‑344, 4, 3‑20‑84; Ord. No. 11-17, 2, 8-16-11)

Sec. 17‑106.2. Prohibited signs.

The following types of signs are specifically prohibited:

(1)      Obsolete signs. Any sign displayed which no longer identi­fies a bonafide business or service organization conducted upon the premises (or identifies a service no longer con­ducted on the premises) shall be removed, taken down, or completely obliterated within ten (10) days after written notice by the building official or the code enforcement officer.

(2)   Other prohibited signs:

(a) Mobile, portable, billboard, flags (except as part of a sidewalk sale, grand opening, special event, or anniversary sale conducted pursuant to Section 13-3 or Chapter 17 of this code), or banner (except as specif­ically authorized by the town council or as part of a sidewalk sale, grand opening, special event, or anniversary sale conducted pursuant to Section 13-3 or Chapter 17 of this code). The official flags of the State of Florida and the United States of America, as well as all other flags of all other nations, are excluded from the definition of prohibited signs;

(b) Signs which will constitute a hazard or a potential menace to life or limb or which will endanger public safety in any manner. The building official may re­quire the removal of any sign which is not properly maintained or which otherwise shows evidence of ne­glect or which, in his opinion, will become unsafe and constitute a hazard to life, limb or property or in any other manner endanger public health and safety. Should such sign not be removed after the expiration of a twenty‑four (24) hour written notification from the build­ing official, properly receipted by the owner or tenant, regarding the inherent danger of said sign then Town of Indialantic employees shall have the power to re­move said sign and the code enforcement officer shall send to the owner of said sign a written notice of hearing before the code enforcement board;

(c) Any sign that has any intentional motion or rotation of any part of the structure or of the sign, or the display of intermittent, rotating, flowing or flashing lights;

(d) Real estate “SOLD” signs;

(e) Any sign using the word “Stop” or “Danger” (except as provided in section 17‑106.1.(5)) or implying the need of a requirement of stopping or the existence of danger, or which is a copy of or imitation of official traffic signs, unless such sign has been installed by an authorized governmental agency;

(f) Any sign that would or does obstruct the view of the operator of a vehicle approaching corners or obstruct any direction of the operator’s vision needed to safely pilot the vehicle;

(g)   A sign or any portion of a sign that overhangs or is installed in any street right‑of‑way except permitted temporary real estate and garage sale signs and re­lated directional signs;

(h) Any sign that is suspended across any public street, avenue, alley or other public road except those signs established by town, county, state, and federal governments;

(i)    A sign that is painted, printed, posted, nailed, placed or otherwise affixed to any curb, sidewalk, tree, light standard, utility pole, hydrant, bridge or structure within the right‑of‑way of any street, avenue, alley or other public thoroughfare within the town limits, except those signs established by town, county, state or federal governments;

(j)    A sign that is placed in such manner as to obstruct physical egress through any door, window or fire escape of any building.

(k)  Any sign that is animated, which has physical action or motion, or the appearance thereof including that which may be referred to as an electronically controlled changeable message sign;

(3)      Disposition of removed signs. Signs removed by town employees will be stored on town property for a period of thirty (30) days. After that time all unclaimed signs will, at the option of the town manager, be destroyed.

(Ord. No. 84‑344, 4, 3‑20‑84; Ord. 94-7, 3, 1-18-94; Ord. No. 09-09, 1, 4-21-09;Ord. No. 11-17, 3, 8-16-11)

Sec. 17-106.3. Permitted temporary signs.

 The following temporary signs are permitted:

 (1)   Real estate signs: The following regulations govern the use and placement of temporary real estate signs. These are small signs advising that the property upon which they are placed is “For Sale,” “For Rent,” or “For Lease.” They shall be removed within forty‑eight (48) hours after the property has been sold, rented or leased.

(a)  The permitted wording on, and size of, real estate signs shall consist of only the following:

l. The owner’s or the realtor’s name, address, telephone number, and the insignia of his organization;

2.      The words “For Sale,” “For Rent,” or “For Lease”;

3.   If desired, not more than two (2) “rider” signs, not more than six (6) inches in height and twenty (20) inches in length, each of which may bear word(s) such as “Pool” or “By Appointment Only” or “Owner Fi­nanced”, etc., may be attached to the twenty (20) by twenty‑four (24) inch sign;

4.      The above signs shall not exceed twenty (20) inches by twenty‑four (24) inches in overall dimension.

(b)   The sign shall not be located closer than fifteen (15) feet from any edge of the pavement of any street, except that signs in vacant lots shall be placed at least two (2) feet inside the lot line.

(c)   There shall not be more than one (1) sign showing the owner or principal broker, except that for corner properties there may be one (1) such sign on each street.

(d)   In addition, one (1) sign not exceeding overall dimensions of twenty (20) inches by twenty‑four (24) inches, with the words “Open House” to indicate that a building is open for inspection, may be displayed at all times. In the case of corner properties there may be one such sign on each street.

(e)  The signs permitted may not be illuminated, flashing, ro­tating or moving types. No other flags, banners or other displays may be used. All signs shall be removed from the property within forty‑eight (48) hours from the time a con­tract has been executed between the seller and the buyer of the property for the sale of the property.

(f)   Any real estate sign that has been erected for more than twenty‑four (24) consecutive months or thirty (30) total months within a three (3) year period shall be and is hereby deemed to be nontemporary, and shall require a permit to remain erected, with the applicant demonstrating good cause why same should not be removed.

(2)  Construction signs. One (1) temporary construction sign may be displayed on a lot or plot on which construction work is in progress, in accordance with the following provisions:

(a)  The sign shall be located inside the property lines;

(b)  In all districts, except residential zoning districts, the sign shall not exceed thirty‑two (32) square feet in area.  In residential zoning districts, the sign shall not exceed twenty (20) inches by twenty-four (24) inches in overall dimension.

(c)  The sign shall display nothing more than: the names of the owner, financial institution, architect, contractor or builder and subcontractors; the use of the structure; the words “Now Leasing,” “Now Selling,” or “Now Available”; and telephone number(s). A picture or drawing may be included on the sign. No other wording, numbers or other information is permitted;

(d)  In the residential districts, those signs required by law, such as building permits, shall be posted without a permit;

(e)  The sign shall not be illuminated; and

(f)   The sign is to be removed within forty‑eight (48) hours after issuance of the final unconditional certificate of occupancy.

(3)      Garage sale signs. Temporary garage sale signs shall be allowed on property, provided:

(a)      The sign shall not exceed twenty (20) by twenty‑four (24) inches in overall dimension;

(b)      The sign shall not be located closer than fifteen (15) feet to any edge of any pavement of any street;

(c)        There shall not be more than one (1) sign stating:

1.              The words “Garage Sale” and street address;

2.            Not more than three (3) names of the days of the week on which the garage sale is to be conducted;

3.              The hours of the day during which the sale will be conducted;

(d)        The same information can appear on both sides of the sign;

(e)      No sign shall be illuminated, nor moving, nor have lights. No flags, banners, nor other displays shall be used;

(f)       All garage sale signs shall be removed from the property within thirty (30) minutes after the closing hour of each day of the garage sale.

(4)      Directional signs. A maximum of two (2) temporary direc­tional signs shall be allowed on various rights‑of‑way, provided:

(a)   The sign shall not exceed twelve (12) inches in height by eighteen (18) inches in length;

(b)   The sign shall not be located closer than fifteen (15) feet to any edge of any pavement of any street, except that signs placed on vacant lots shall be placed at least two (2) feet inside the lot line. The sign shall not exceed thirty‑six (36) inches in height above the ground;

(c)   The words on the sign shall be either “Garage Sale” or “Open House,” with an arrow pointing horizontally either to the right or the left. The same words may appear on both sides of the sign. The direction of the arrow may be reversed on the opposite side of the sign;

(d)   The signs shall not be illuminated nor moving. No flags, banners, lights, nor other displays shall be used;

(e)   Directional signs shall be removed from each and every right‑of‑way within thirty (30) minutes after the closing hour of each day of the garage sale or the open house.

(5)      Political signs.

(a)    Temporary political signs on public property. If the sign becomes a hazard to public health and safety, the police, the building official, the public works director, or the code enforcement officer hereby shall have the authority to remove the sign immediately.

1. Persons hand carrying political signs may stand on sidewalks or nonpaved portions of public rights‑of‑way or in parks but on no other public property.

2. No political signs shall be placed in the sidewalk or paved portion of the right-of-way.

3. On an area in front of or alongside of a lot, on a public right-of-way, or a combination thereof in the following land use classifications:  R-1-A, R-1-B, R-2, R-3, R-P and T, there shall be not more than four (4) non-illuminated political signs, each not more than four (4) square feet in area. The top of the sign shall not exceed a height of thirty-six (36) inches above the crest of the road. Temporary political signs may not otherwise be placed on public rights-of-way.  Any such political sign may only be installed with the express consent of the owner or lessee of the abutting lot or principal structure or portion of said principal structure.  Said owner or lessee shall be responsible for the placement and removal of such signs.

4.    For county, state and national elections, no political sign shall be erected or displayed earlier than thirty-five (35) days before the date on which the qualifying period opens for the candidate whose name is advertised on the political sign.  In the case of political signs advertising a referendum issue subject to such an election ballot, no such sign shall be erected or displayed earlier than seventy‑five (75) days before the referendum election at which the referendum issue advertised on said political sign shall be voted upon.  For all town elections, no political sign shall be erected or displayed earlier than 45 days prior to the election in which the candidate or referendum issue will be voted on.  Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this sub-paragraph 4.

5. No political  sign is to remain displayed to the public on said lot longer than forty‑eight (48) hours after the closing of the polls for the campaign for which the political sign was erected. “Campaign” as used in this subparagraph shall include all primaries, special elec­tions, and general elections at which the candidate’s name or referendum to be voted upon by electors shall appear on the ballot.  Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this sub-paragraph 5.

6. For all town  elections candidates for any town office, or in the case of town referendum issues (including but not limited to charter or ordinance amendments), any individual or the chairman of any political committee, seeking to place a referendum issue on the ballot, shall be requested to sign a form containing a statement that the candidate, individual, or political committee chairman agrees to comply with the requirements of this section. The town clerk shall place said form in the qualifying packets of all town candidates. Failure to sign said form shall not invalidate or otherwise op­erate to deny any person the right to qualify for elective office or to have placed on the ballot a referendum issue.

(b)         Temporary political signs on private property.

1.      No political sign shall be placed or displayed on or within fifty (50) feet from any polling place on the day of any election, unless permitted by the supervisor of elections or the clerk of the election precinct, or unless the sign is erected and displayed as permitted by Section 102.031, Florida Statutes.

2. On each lot a maximum of four (4) non‑illuminated political signs, each not more than four (4) square feet in area, shall be permitted. Any such political sign may only be hand‑carried or installed with the express consent of the owner or lessee of the lot or principal structure or portion of said principal structure, all on said lot. Said owner or lessee shall be responsible for the placement and removal of such signs.

3.    For county, state and national elections, no political sign shall be erected or displayed earlier than thirty-five (35) days before the date on which the qualifying period opens for the candidate whose name is advertised on the political sign.  In the case of political signs advertising a referendum issue subject to such an election ballot, no such sign shall be erected or displayed earlier than seventy‑five (75) days before the referendum election at which the referendum issue advertised on said political sign shall be voted upon.  For all town elections, no political sign shall be erected or displayed earlier than 45 days prior to the election in which the candidate or referendum issue will be voted on. Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this sub-paragraph 3.

4. No  political sign is to remain displayed to the public on said lot longer than forty‑eight (48) hours after the closing of the polls for the campaign for which the political sign was erected. “Campaign” as used in this subparagraph shall include all primaries, special elec­tions, and general elections at which the candidate’s name or referendum to be voted upon by electors shall appear on the ballot.  Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this sub-paragraph 4.

5. For all town  elections candidates for any town office, or in the case of town referendum issues (including but not limited to charter or ordinance amendments), any individual or the chairman of any political committee, seeking to place a referendum issue on the ballot, shall be requested to sign a form containing a statement that the candidate, individual, or political committee chairman agrees to comply with the requirements of this section. The town clerk shall place said form  in the qualifying packets of all town candidates. Failure to sign said form shall not invalidate or otherwise op­erate to deny any person the right to qualify for elective office or to have placed on the ballot a referendum issue.

 (6)  Sidewalk sales,  special events, and anniversary sales.  As part of and during any sidewalk sale, special event, or anniversary sale, a merchant (for a duration not exceeding seven (7) consecutive days as permitted) may display:

(a)   One banner or one flag not exceeding a size of three (3) feet by five (5) feet.  Display of any banner or flag, any part of which exceeds fourteen (14) feet in height above ground level, shall be prohibited.

(b)   Strings of pennants may be displayed, provided that:

1.   The display of pennants is conducted such that no part of any pennant is displayed at a height exceeding fourteen (14) feet above ground level; and

2.   No pennant has any wording or symbol upon it; and

(c)          Signage, the wording of which is not legible from any paved roadway.

 (7)   Failure to remove temporary signs within the allotted pe­riod may result in a summons to the code enforcement board, which has the power to assess substantial daily penalties.

(8)   Special Event:  Signs, banners, and flags (without wording or symbols) may be temporarily erected in recognition of Special Events (e.g. town birthdays) as determined by the town council.  A non-fee permit must be obtained from the town manager who will be responsible for authorizing the location of such temporary signs, banners, and flags.  The signs, banners, or flags cannot extend over a curb or sidewalk in the street and their placement will not be erected for more than two (2) weeks prior to the event and will be removed within forty-eight (48) hours of the conclusion of the event.

(Ord. No. 84‑344, 4, 3‑20‑84; Ord. No. 84‑349, 2, 6‑19‑84; Ord. No. 86‑24, 1, 11‑18‑86; Ord. No. 91‑9, 2, 1‑15‑91; Ord. No. 94-7, 4, 1-18-94; Ord. No. 95-2, 1, 11-30-94; Ord. No. 00-12, 1, 10-17-00; Ord. No. 04-02, 1-2, 2-17-04; Ord. No. 04-12, 1, 9-14-04; Ord No. 06-09, 2, 6-20-06; Ord. No. 09-09,  2, 4-21-09; Ord. No. 11-02, 1-2, 12-16-10; Ord. No. 12-06, 1, 3-5-12)

Sec. 17‑106.4. Signs authorized in the various zoning districts

 Only those types of signs that are listed below are permitted in the following zoning districts:

(1)   R‑l‑A Single‑Family Residence Districts. Only the following temporary signs: real estate (see Section 17-106.3(1)), construction (see Section 17-106.3(2)), garage sale (see Section 17-106.3(3)), directional (see Section 17-106.3(4)) and political (see Section 17-106.3(5));

(a) Building numbering is required in accordance with Section 13-9;

(b)  Any sign that is affixed to a fence must be comprised of plastic or metal and must be placed in such a manner that it faces a street adjacent to the property upon which the fence has been installed unless otherwise permitted by law.

(2)   R‑l‑B Single‑Family Residence Districts. Only the temporary signs permitted for R‑l‑A;

(a) Building numbering is required in accordance with Section 13-9;

(b)  Any sign that is affixed to a fence must be comprised of plastic or metal and must be placed in such a manner that it faces a street adjacent to the property upon which the fence has been installed unless otherwise permitted by law.

(3)   R‑2 Duplex Residence Districts. Only the temporary signs permitted for R‑l‑A;

(a) Building numbering is required in accordance with Section 13-9;

(4)   R‑3 Multifamily Districts:

(a)   The temporary signs permitted for R‑l‑A;

(b)   One attached or painted sign; (See Definition of Attached Signs.) The area enveloped by the sign shall not exceed twenty‑four (24) square feet and must comply with all of the other requirements of signs author­ized in C and C‑l districts;

(c)   One detached sign: The same regulations apply as for attached signs. The sign must be erected inside the lot lines;

(d) Building numbering is required in accordance with Section 13-9;

(5)   RP Residential-Professional Districts:

(a) Residential use: Temporary signs as permitted for District R‑1‑A, except that garage sales are permitted only for the remaining residences in these districts;

(1) Building numbering is required in accordance with Section 13-9;

(b) Professional use:

1. Only the following temporary signs are permitted: Construction (see Section 17-106.3(2)), real estate (see Section 17-106.3(1)), directional (see Section 17-106.3(4)), and political (see Section 17-106.3(5));

2. Grand opening signs are permitted only once for each occupant or change of ownership of the property, or only once after each extensive remodeling of the premises, which must cost at least fifteen percent (15%) of the assessed valuation of the building. Grand opening signs shall not exceed eighteen (18) inches by forty‑eight (48) inches in size and shall not be displayed for more than seven (7) days;

3. One (1) attached sign identifying professional offices is permitted; provided, that the attached sign does not exceed twelve (12) square feet in area and does not protrude more than one (1) foot beyond the exterior wall of the building. Only one (1) such sign is permitted for each business or service, ex­cept for offices occupying a corner lot where one (1) such identical sign is permitted on each street side. Where parking is provided in the area, an iden­tical sign is permitted on the rear of the building.

4.      The height of all attached signs shall not exceed the eave line of the building or structure;

5.       A grand opening banner may be permitted for a duration not exceeding seven (7) consecutive days as permitted provided that the banner does not exceed a size of three (3) feet by five (5) feet.  Display of any banner, any part of which exceeds fourteen (14) feet in height above ground level shall be prohibited.  Grand opening banners are permitted only once for each occupant or change of ownership of the property, or only once after each extensive remodeling of the premises which must cost at least fifteen percent (15%) of the assessed valuation of the building.

6. Building numbering is required in accordance with Section 13-9;

(6)  C, C‑l, and C‑2 Commercial Districts.

(a)      Temporary signs.  The following temporary signs are allowed:  construction (see Section 17-106.3(2)), real estate (see Section 17-106.3(1)), political signs on private property (see Section 17-106.3(5)(b)), sidewalk sale (see Section 17-106.3(6)), grand opening sign (see Section 17-106.4(6)(b)), grand opening banner (see Section 17-106.4(6)(g)), grand opening sign (see Section 17-106.4(6)(i)).  The following temporary signs are not allowed: garage sale (see Section 17-106.3(3)), political signs on public property (see Section 17-106.3(5)(a)), and directional (see Section 17-106.3(5)(b)).

(b)      Attached and painted (on the building surface) signs: The following conditions regulate signs attached or painted upon any front, rear or side surface of the occupant’s building, provided the signs comply with all other requirements of this section:

1. Only one wall of the building may have attached sign(s), except in the case of buildings with rear entrances and buildings on corner lots. The signs on this wall shall be subject to the following restrictions:

a. There shall not be more than one sign per occupant;

b. No sign shall exceed thirty‑two (32) square feet in area;

c. The area of the sign, or combined area of the sign, shall not exceed ten percent (10%) of the surface area of the wall. Calculation of the surface area shall  include doors and windows;

2. In the case of rear entrances, each such entrance may have one (1) sign not to exceed twelve (12) square feet in area over or beside the rear entrance;

3. In the case of buildings located on corner lots, a sign not to exceed thirty‑two (32) square feet is permitted on the wall which is closest to the side street;

4. The zoning and planning board has the authority, upon application, to permit an attached sign on any one face (and on the side street face of corner lot buildings) to encompass an area up to five percent (5%) of the total exposed face of the build­ing. This provision is applicable to large buildings whereon such sized signs will be proportional to those permitted for smaller buildings. The board will evaluate such proposed sign in relation to the size of the building, its general appearance, and its architectural similarity to neighboring buildings;

5. The sign may be constructed of multiple parts and its content shall be limited to permanent letters, numerals, insignia, and a picture of, or a minia­ture of, or a full‑size sample of one of the wares available on the premises, provided that all of the information, including the ware is contained within the size limitations of the sign. No portion of an attached sign shall protrude more than one (1) foot beyond the wall on which the sign is attached.

6.  The height of attached signs shall not exceed the eave line of the building.

(c)      Permanent door and window signs. (See definition.) Permanent signs may be attached to or painted upon doors and windows provided that:

1. No more than twenty‑five percent (25%) of the total door and window area shall be covered, but in no event shall the coverage exceed fifty-eight (58) square feet;

2. All window areas between three (3) feet and four (4) feet above the crown of the building’s street shall be free from any type of sign or any other obstruction;

3. All areas in glass doors, or in windows in other types of doors, shall be kept free of any type of sign or any other obstruction which prevents clear sight for ingress and egress, except signs warning of hazards to health and safety;

4. The construction of the permanent sign shall be limited to long‑lasting letters, numbers and in­signia. An interior message composed of replace­able letters and numerals may be changed with­out obtaining a sign permit.

(d)  Detached signs. (See definition.) Exactly the same information may appear on both sides of any sign. The following provisions shall apply:

1. Each building may have one (1) thirty‑two (32) square foot sign which may be shared by all busi­ness areas within the building;

2. Or, where the signs can be placed at least twenty (20) feet apart, each business area may have a sep­arate detached sign not to exceed nine (9) square feet in area;

3. Or, if there are more than four (4) business areas located in one building, the building may have two (2) detached signs, each having a maximum of twenty‑four (24) square feet, provided the signs are at least fifty (50) feet apart;

4. A detached sign may not be placed within twenty (20) feet of any other detached sign;

5. Where the building is accessible from the rear and does not abut a residential district, a second detached sign, not to exceed thirty two (32) square feet, permanently anchored in the ground, is per­mitted in the rear for each business. For property abutting a residential district a second detached sign, not to exceed nine (9) square feet, permanently anchored in the ground, is per­mitted in the rear for each business. However, if several businesses are served by one common driveway, each such sign shall be permanently affixed to the same common mounting permanently an­chored in the ground;

6. Detached signs may be illuminated in accordance with section 17‑106.1(3).

7.   The height of detached signs shall not exceed the top of the roof or fourteen (14) feet above the ground level at the front of the building, whichever is the lesser;

8.  There shall be at least seven (7) feet clearance below the bottom of the sign, unless the top of the sign is not higher than six (6) feet above the ground level at the front of the building.

9.  The top of all poles, on which signs are mounted, shall not be above the top horizontal edges of the sign unless the poles are part of the design of the sign.

(e)      Transient signs.  A sign made of paper, cardboard, or particle board placed on the inside of windows and doors.

1.  Transient signs may be affixed to the inside of doors and windows or otherwise displayed from inside structures, provided that:

a. No more than twenty‑five percent (25%) or fifty-eight (58) square feet less the square footage for any permitted permanent door and window sign, whichever is the lesser, of the total door and window area is covered;

b. No portion of any transient sign shall exceed fourteen (14) feet in height above ground level;

c. All window areas, between three (3) feet and four (4) feet above the crown of the building’s street level, shall be free from any type of sign or any other obstruction;

d. All areas in glass doors, or in windows in other types of doors, shall be kept free of any type of sign or any other obstruction which prevents clear sight for ingress and egress, except signs warning of hazards to health and safety;

e.    The message on a sign containing movable letters and numerals may be changed with­out obtaining a sign permit.

f.   No transient sign shall be erected, placed, or otherwise displayed on any property, lot, or parcel of land, without a sign permit obtained from the town.  Sign permits may be obtained at no cost from the town manager or said manager’s designee at anytime during regular business hours of the town hall.  All permit applicants must include in their application the name, address, and telephone number of both the property owner and lessee, if any, and the permit applicant.

The application must be executed by the applicant who must have written approval from the property owner or lessee to obtain sign permits from the town.  The application shall include the text, symbols, pictures, wording and the like to be placed on the sign.

g.   Sign permits shall be issued for a period of not more than 30 consecutive calendar days but permits are renewable.

2.        Transient signs pertaining to civic affairs such as town birthdays, parades, Police Explorer’s car wash, Halloween party, etc., after obtaining a gratuitous permit from the town manager, may be temporarily erected for not more than two (2) weeks prior to the affair, provided the signs are placed at least fifteen (15) feet away from any edge of any street, except that the signs may be located between the curb and the sidewalk on Fifth Avenue and Miramar Avenue provided that no part of the sign extends over the curb.

(f)            Banner: A banner may be permitted for a duration not exceeding seventy-five (75) consecutive days as permitted provided that the banner does not exceed a size of three (3) feet by five (5) feet.  Display of any banner, any part of which exceeds fourteen (14) feet in height above ground level shall be prohibited.

(1)Strings of pennants may be displayed, provided that the display of pennants is conducted such that no part of any pennant is displayed at a height exceeding fourteen (14) feet above ground level and no pennant has any wording or symbols on it.  Such strings of pennants may not be displayed for more than thirty (30) consecutive days.

(2)   Only one banner (which is suggested for a business opening soon, celebrating a grand opening, celebrating an anniversary, or experiencing a major remodeling) may be permitted in a calendar year unless ownership changes.

(g)  Banner:  A sidewalk sale, special event, and anniversary sale opportunity may result in a permit being issued for a banner for a duration not exceeding seven (7) consecutive days as permitted (see Section 17-106.3 (6)).

(h)  Opening Soon and/or Grand Opening Sign:  Opening soon and/or grand opening signs are permitted only once for each occupant or change of ownership of the property.  Grand opening signs are allowed after each extensive remodeling of the premises, which must cost at least fifteen percent (15%) of the assessed valuation of the building.  Opening soon and/or grand opening signs shall not be more than eighteen (18) inches by forty-eight (48) inches in size and shall not be displayed more than a combined seventy-five (75) days.  Opening soon signs are permitted only during a period of time prior to the property being allowed to open for business.

(7)   S‑C Shopping Center Districts: All provisions of the C and C‑1 Districts apply except as modified below:

(a)  Attached signs may be mounted on the roof;

(b)     The height of attached signs shall not exceed the height of the roof at the ridge‑pole;

(c)  Each business area may have an attached sign not to exceed, in area, thirty‑two (32) square feet or ten per­cent (10%) of the total exposed building face’s square feet, whichever is greater;

(d)    Detached signs are not permitted, except one (1) detached sign is permitted for each shopping center. The actual sign area shall not exceed ten (10) feet in height and fifteen (15) feet in width. The supporting structure shall not exceed twenty (20) feet in height and twenty (20) feet in width. The total height of the entire structure and sign shall not exceed thirty (30) feet in height;

(e) Where the business unit is available from the rear, a second sign not to exceed nine (9) square feet in area may be attached to the rear of the building unit.

(f)  In the case of buildings located on corner lots, a sign not to exceed thirty-two (32) square feet is permitted on the wall which is closest to the side street, unless the property owner requests a different but parallel wall that faces the side street, and a wall that is perpendicular to the side street instead.

(8)      T‑Tourist Districts: All sign provisions for the C and C‑1 Districts apply, except that:

(a)  Garage sale and directional signs are permitted only for residences;

(b)    The attached sign and detached sign may contain, in addition to other allowed material, not more than five (5) of the words or pseudo‑phrases which follow: “No Vacancy,” “Vacancy,” “Housekeeping Units,” “Kitch­enettes,” “Ocean View,” “Pets Welcome,” “No Pets,” or such other words as are specifically authorized upon application to the zoning and planning board;

(c)  Signs permitted on property used for single‑family resi­dences and duplexes are the same as permitted in the R‑1‑B District;

(d) Signs permitted on property used for multifamily res­idences are the same as permitted in the R‑3 District;

(e) Signs permitted for nonresidential property are the same as permitted in the C and C‑1 Districts, except that not more than one (1) detached sign is permitted.

(f)  Lighting of signs for a bed and breakfast facility shall only be external to the sign.

(9)      CH‑Church Districts:

(a) Bulletin boards and similar signs of churches shall be permitted (instead of commercial detached signs) and shall not exceed thirty‑two (32) square feet in area, shall not exceed eight (8) feet in height, shall be located within the property lines, and shall not exceed one (1) sign facing each street;

(b)   The bulletin boards may contain changeable letters and numerals, both of which may be changed without obtaining a sign permit.

(10)      Private parking lots signs:

(a) Detached, attached or paint‑on structure, signs in black and white or uniform in color to the building exterior to regulate parking lots are permitted as follows:

1.      One detached directional sign per entry, and one per exit, to and from a parking lot, is permitted. The content of these signs shall be limited to one or two of the following words: “Enter,” “Entrance,” “In,” “Exit,” “Egress,” “Out,” “Only,” and may bear a directional arrow. Each sign shall have a maximum area of two (2) square feet, the top of the sign and its support shall not be more than three (3) feet above the ground, and it shall be located not less than three (3) feet from the edge of the pavement of any street, except, where a paved sidewalk exists, it shall be located on the property side of the sidewalk, not closer than one foot to the sidewalk;

2. Markings on the surface of the paved parking areas shall be limited to arrows and traffic‑flow-directional words, such as “Drive‑up Window,” “Drive‑up Lane,” “Drive‑up Tellers”;

3. In addition, one parking space identification sign lettered only on concrete car stops or curbs is per­mitted per parking space, not to exceed three (3) inches in height and eighteen (18) inches in length;

4.   In addition, one (1) parking lot identification sign per street from which there is an entrance to said lot is permitted. The content of this sign shall be limited to any or all of the following words: “Pri­vate Parking for Customer Of,” plus only the name or identifying symbol and the address of the busi­ness, institution, professional association, or ser­vice corporation. The maximum size of each such sign shall not exceed four and one‑half (4 1/2) square feet. If the nine (9) square foot “Tow Away” sign described in paragraph 5., below is used, the above information must be included on the tow away sign in lieu of a separate sign;

5.      Any property owner desiring to use vehicle tow away signs must do so in accordance with Section 715.07, Florida Statutes, as amended from time to time. Signs shall not exceed nine (9) square feet;

6.      Signs for disabled persons’ parking spaces [shall be] as provided in Chapter 316, Florida Statutes;

7.   For establishments selling beer, wine or other alcoholic beverages, as defined in chapter 3, town code, not exceeding two (2) parking lot signs meeting the requirements of section 3-10(c), town code.

(b)  Sign permits must be obtained from the town prior to painting, construction and erection of the above signs, with the exception of paragraph 3.; but the provisions of paragraph 3., must be fully complied with.

(11)   Beautification recognition signs:  Signs representing an award for beautification of grounds or buildings presented by the Town, after obtaining a gratuitous permit from the town manager, may be temporarily erected for not more than thirty (30) days provided the signs are placed at least fifteen (15) feet away from the edge of any street pavement.  These signs may be placed in any zoning district.

(Ord. No. 84‑344, 4, 3‑20‑84; Ord. No. 84‑349, 3, 6‑19‑84; Ord. No. 86‑11, 3, 4‑15‑86; Ord. No. 90‑8, 1, 2‑20‑90; Ord. No.95-1, 2, 11-30-94; Ord. No. 97-1, 3, 12-3-96; Ord. No. 97-7; 5-6-97; Ord. No. 02-07, 1, 4-16-02; Ord. No. 03-06, 1, 4-15-03, Ord. No. 04-01, 1, 12-16-03; Ord. No. 05-02, 1, 12-16-04; Ord. No. 05-11, 1, 6-21-05; Ord. No. 06-01, 1, 12-14-05; Ord. No. 07-01, 1, 11-21-06; Ord. No. 09-9, 3-5, 4-21-09; Ord. No. 11-17, 4, 8-16-11; Ord. No. 15-06, 1, 9-9-15, Ord. No. 16-02, 1, 11-12-15; Ord. No. 16-15, 2, 10-12-16)

 Editor’s note–Ord. No. 84‑349, 3, enacted June 19,1984, amended  17‑106.4 by the addition of provisions designated as 17‑106.4(a); however, inasmuch as provisions so designated had previously been set out, the editor has, at his discretion, redesignated the provisions of Ord. No. 84‑349, 3 as 17‑106.5(10).

Sec. 17‑106.5. Nonconforming signs.

 A nonconforming sign or sign structure existing within the town limits on or after the effective date of this ordinance shall be subject to removal. Removal of such signs, signs that were or are erected without a permit, “grandfathered” nonconforming signs, abandoned signs, damaged signs or other nonconforming signs, shall be achieved as follows:

(1)  At the time of owner or occupant change. All nonconform­ing signs in existence, at the time a property is sold or rented as a new and separate business area, shall be made to conform or shall be replaced after thirty (30) days notice by the code enforcement officer;

(2)   All others. All other owners of nonconforming signs shall be granted a reasonable period, as set forth below, in which to amortize the cost of such signs. In return for such amor­tization period, all nonconforming signs must be maintained in good condition by their owners. At the conclusion of the time periods herein set forth, all such nonconforming signs shall be removed in accordance with section 17‑106.5(7) below:

(a)  Nonconforming signs consisting of materials that have a monetary value of less than five hundred dollars ($500.00) shall be removed within five (5) years from the effective date of this ordinance. The monetary value shall be determined by the building official, whole opinion may be appealed to the board of adjustment;

(b)  Nonconforming signs consisting of materials that have a monetary value of at least five hundred dollars ($500.00), but less than one thousand dollars ($1,000.00) shall be removed within ten (10) years from the effective date of this ordinance. The monetary value shall be determined by the building official, whose opinion may be appealed to the board of adjustment;

(c)  Nonconforming signs consisting of materials that have a monetary value of at least one thousand dollars ($1,000.00) shall be removed within fifteen (15) years from the effective date of this ordinance;

(d)  The zoning and planning board may extend the period of use of a nonconforming sign for up to an additional five (5) years beyond the initial period, when, in its judgment, the useful life of the sign has not been completely amortized. In no event, however, shall any nonconforming sign remain in existence for more than twenty (20) years from the effective date of this ordinance;

(3)   Fee waived. At the time a nonconforming sign is replaced, a permit for a conforming sign shall be issued with no fee attached;

(4)        Abandoned signs. A landowner shall not permit any sign which has been erected upon his land to be abandoned upon such land. Thirty (30) days after the cessation of business at such location, it shall be presumed that an on‑premise sign has been abandoned. On‑premise signs whose words, numbers or other symbols are completely obliterated by paint or other neutralizing agent are not deemed abandoned by this section;

(5)        Occupancy change. Any change in the type of occupancy of property on which any nonconforming sign is located, shall cause the removal of all nonconforming signs within thirty (30) days;

(6)        Mixture of conforming with nonconforming signs prohibited. No conforming sign or sign structure shall be erected on the same premises with an existing nonconforming sign until the nonconforming sign has been removed or made conforming. However, in Residential‑Professional, Commer­cial, Shopping Center or Tourist Districts, the fact that one particular business or activity has a nonconforming sign or sign structure will not prohibit another business or activity on the same premises from erecting a conforming sign or sign structure;

(7)        Removal of nonconforming signs. Nonconforming or abandoned signs erected in the town shall be removed in ac­cordance with the procedures established by the code enforcement board.

(Ord. No. 84‑344, 4, 3‑20‑84)

Sec. 17‑107. Industries prohibited.

All industrial or manufacturing uses are prohibited.

(Code 1962, 28‑84)

Sec. 17‑108. Permitted uses incorporated by reference.

 Where uses are permitted by reference to another district, all requirements of the referenced district must be adhered to for that particular use, except that setbacks shall conform to the district in which the property is located.

(Code 1962, 28‑85; Ord. No. 84‑346, 1, 4‑17‑84)

Sec. 17‑109. Additions to existing structures.

 Additions must be architecturally compatible with the existing construction in the reasonable discretion of the building official with the advice and consent of the zoning board.

(Code 1962, 28‑26; Ord. No. 88‑18, 1, 10‑25‑88)

Sec. 17‑110. Density in all zones.

 (1) The maximum density for all zones in the town shall not be greater than twenty‑five (25) units per acre, and

(2) Densities will be computed on the area of the lot(s), i.e., within the boundaries of the lot lines, except those lots which border on the Atlantic Ocean. Density for the latter will be computed as above except that the Ocean Bluff Line will be used as the eastern boundary of the lot(s) for this purpose.

(Code 1962, 28‑87; Ord. No. 153, 2, 6‑19‑73)

 Sec. 17‑111. Satellite dish antennas.

 (1)          Satellite dish antennas are hereby permitted as accessory uses in all zoning districts subject to the following regulations and conditions to pro­tect the rights of other property owners and at the same time protect the public health and safety and preserve the aesthetic value and quality of Indialantic’s primar­ily residential character.

(2)   The maximum permitted diameter of the satellite dish shall be ten (10) feet.

(3)   If mounted on the ground, the maximum height to the top of the satellite dish antenna shall be fourteen (14) feet above the grade level of the first floor of the principal structure.

(4)   The dish antenna in any residential zoning district (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) shall be set back from both side and rear lot lines a distance of not less than one‑half (l/2) the maxi­mum height of the satellite dish as installed. In no case shall the antenna be in the front or side yard.

(5)   In any residential zoning district (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) a dish antenna may not be mounted on the roof of the principal or accessory structure and must be detached from the principal structure.  In the commercial, church, and tourist zoning districts (including and limited to the C,- C-1, C-2, SC, T, and CH zoning districts) the antenna may be roof mounted.  All satellite dish antennae shall meet the building height limitations in this section and in effect in the zoning district in which they are located, plus a maximum of fourteen (14) feet.

(6)   The dish antenna must be mounted on a permanent foun­dation engineered and anchored to withstand wind veloc­ity of one hundred ten (110) miles per hour which shall be certified in the installation instructions furnished by the antenna’s manufacturer (or by a registered professional structural engineer). Installation to these specifications shall be under the supervision of and approved by the town building official.  The material used in constructing a satellite antenna in any residential zoning district (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) shall be of a mesh type.  The material used shall be made to conform and blend, to the greatest extend practicable, with surrounding areas and structures, taking into consideration color, ability to receive or transmit a signal to a given satellite or receiver, and location.  The dish antenna shall contain no advertising or signage that is discernible from a distance of ten (10) feet or more.

(7)   In any residential zoning district wherein the principle use on any lot is for residential purposes (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) dish antennas shall be limited to one antenna per principal residen­tial structure.

(8)   The satellite dish antenna station, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize visual impact on adjacent properties and from public streets, beaches, rights-of‑way and bodies of water.  To the extent that screening does not interfere with the reception or transmission of a signal the dish antenna shall be screened through the use of landscaping or architectural features which harmonize with the elements and charac­teristics of the property and adjacent properties. The ma­terials used in constructing the earth stations shall not be unnecessarily bright, shiny, garish, or reflective.  The antenna dish system shall by no means be portable.

(9)     Dish antennas shall meet all manufacturer’s specifications. The mast or tower shall be of noncombustible and corro­sive resistant material. The miscellaneous hardware such as brackets, turnbuckles, clips, and similar equipment sub­ject to rust or corrosion, shall be protected with a zinc coating by either galvanizing or sheradizing process after forming, or by use of stainless steel fittings. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the joining of dissimilar metals.

(10)    All dish antennas shall be maintained in good working condition and in accordance with all requirements of this subsection and shall at all times be connected for operation. All dish antennas shall be subject to periodic inspec­tion to insure compliance under this section. No additions, changes, or modifications shall be made to a dish antenna unless the addition, change, or modification is in confor­mity with this subsection, the building code, and the de­velopment permit.

(11)           Application for a building permit to install, construct, or increase the height of a television station, radio station, or satellite dish receiver or transmit antenna shall be made upon such forms required by the town, and the applicant shall submit a site plan showing adjacent properties, possible views, and all screening features plus location of structures and plantings on the subject property.  Such site plans may be hand-drawn sketches, not necessarily to scale, but must show all dimensions and measurements such as lot line setbacks and location of any easement on the lot.

(12)    If the antenna is roof-mounted, it must conform to applicable construction standards contained in the Florida Building Code.  Building plans with construction and erection methods shall be approved by a registered professional structural engineer.  Final approval of a building application for a transmit dish antenna system is contingent upon receipt of any necessary Federal Communication Commission frequency plan and approvals.

(13)     Administrative exception approval.

(a)  Upon submittal of a site plan, the Town Manager or his designee may grant an exception from the strict application of any of the provisions of this section, which imposes an impediment to clear signal transmission by the requested transmit satellite dish antenna or clear signal reception by the requested receive signal satellite dish antenna, upon determining that:

1. The location of foliage on adjacent property not owned by the applicant, structures, or living trees, will cause an impediment to clear signal transmission by the requested transmit satellite dish antenna or clear signal reception by the requested receive signal satellite dish antenna;

2. That the exception requested is the minimum exception that is needed to permit clear signal transmission by the requested transmit satellite dish antenna or clear signal reception by the clear signal receive signal satellite dish antenna; and

3. That the criteria in this section cause the applicant a practical difficulty in erecting and utilizing the requested satellite dish antenna.

(b)  It is the intent of the Town Council that the exception review pursuant to this sub-section be accomplished expeditiously, as part of the site plan review, and at no cost to the applicant.  Any denial of an exception shall be subject to appeal to the town council for de novo review of the determination of the Town Manager, or his designee.  This exception procedure is not intended to preclude the application for or consideration of a variance pursuant to article VIII of this chapter 17.

(Ord. No. 86‑13, 1, 6‑17‑86; Ord. No. 92-3, 1, 1-21-92; Ord. No. 12-02, 16, 11-21-11)

Sec. 17‑112. Skateboard ramps.

(1)   Skateboard ramps are permitted in the R-1-A, R-1-B, R-2, R-3 and R-P zoning districts.  Skateboard ramps must meet the following conditions:

(a)   are restricted to use only between the hours of 8:00 a.m. and 9:00 p.m. Eastern time;

(b)   are allowed, when in use, only in front of the front structure line and in the side yard if maintained a minimum of ten (10) feet from the side lot lines;

(c)   may be stored, when not in use, in a side or rear yard without restriction as to setback;

(d)   are allowed in front of the front structure line only during permitted hours of use;

(e)   will not be allowed in the paved street or public right-of-way;

(f)     will not be illuminated;

(g)   will be in good repair and not be in a deteriorated state; and

(h)   will not exceed four (4) feet in height.

(2) In all districts, skateboard ramps shall be placed far enough from public side­walks and public streets so as to prevent the user of the skate­board ramp from moving onto said sidewalk or street as a partial or complete result of the momentum generated by the use of the ramp. No person shall allow the erection, placement or mainte­nance of a skateboard ramp on his property in violation of this Section.

(Ord. No. 87‑3,  1, 2‑17‑87; Ord. 02-08, 1 4-16-02; Ord. No. 12-11, 1, 8-21-12)

Editor’s note–Ord. No. 87‑3, 1, 2, adopted Feb. 17, 1987, purported to amend the Code by adding provisions designated as 17‑111 and 17‑111.1. Inasmuch as 17‑111 already existed in the Code, the editor has redesignated these provisions as 17‑112 and 17‑113.

Sec. 17‑113. Skateboard users.

 (a)   No person shall be upon, ride, or in any way propel himself through use of a skateboard on the public beach boardwalk lo­cated parallel with and adjacent to the Atlantic Ocean.

(b)       [Violation, citation, etc.]

(1)   Any law enforcement officer shall have the power to issue a citation for violation of this section. Such citation shall state the date, time, and place of the issuance of the cita­tion, the name and address of the person in violation, the date of the offense, the offense committed, the amount of the fine, directions as to payment of the civil infraction or request for a hearing, statement as to the effect of the election to request a hearing rather than pay the fine listed on the citation, the name and signature of issuing officer, and the name and signature of person receiving the citation.

(2)   A violator may pay the fine as provided for hereinbelow in subsection (b)(3) and waive his right to a hearing before a county court judge.

(3)   Penalties imposed for the violation of this ordinance [sections 17-112 and 17-113], shall be:

a. Ten dollars ($10.00) per incident, if paid to the finance director of the town within ten (10) days of issuance of the citation.

b. Fifteen dollars ($15.00) per incident if paid to the fi­nance director of the town more than ten (10) days but within twenty (20) days of issuance of the citation.

(4)   If the fine outlined in subsection (b)(3) is not paid within the twenty (20) day period outlined therein, the clerk shall cause the violator listed on the citation to be served with a court summons requiring payment or attendance at a hear­ing at a time and place specified on such summons. A county judge, after a hearing, may make a determination as to whether a violation of this ordinance has been com­mitted and may impose a sentence.

(5)   Nonpayment of the penalty within such twenty (20) day period shall be prima facie evidence of the violator’s election to waive the right to pay the fine imposed in (b)(3)a. or b.

(6)   A hearing may be requested by the person receiving such citation for the purpose of presenting evidence before a county judge concerning violation of this ordinance [sec­tions 17‑112 and 17‑113]. The cited person must request a hearing within twenty (20) days of the issuance of such citation by informing the clerk of the County Court of Brevard of such intention. Any person requesting a hear­ing who does not appear in accordance with such request, shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with this section.

(7)   An election to request a hearing constitutes a waiver of the right to pay the fine indicated on the citation.

(Ord. No. 87‑3, 2, 2‑17‑87)

Note--See editor’s note following  17‑112.

Sec. 17‑114. Retention and detention of surfacewater.

 (1)      Definitions. For the purposes of this section, the following words and phrases shall have the meanings indicated. The word “shall” is always mandatory.

(a)  Agricultural lands shall mean those lands in any agricul­tural use including forestry for which an agricultural tax exemption has been granted.

(b)  Applicant shall mean any person applying for or who has been granted a permit to proceed with a project. (See “person”.)

(c)  Aquifer shall mean 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.

(d)  Consulting engineer shall include the terms “professional engineer” and “registered engineer” and shall mean a person with specialized knowledge obtained after long and intensive academic preparation who is registered to en­gage in the practice of engineering under Florida Statute 471.001‑471.039. Such engineer may be an employee of another governmental agency.

(e)  Detention or to detain shall mean 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.

(f)  Design shall mean the plan, shown on the site plan by means of contour lines or other symbols, indicating the direction of the grades of the land so as to retain or detain the surface water.

(g)  Drainage system, natural drainage system shall mean the system through which water flows; it includes all water­courses, water bodies, and wetlands.

(h)  Engineer, see consulting engineer.

(i)  Event shall mean the specific storm which is, or is to be, considered in the design.

(j)  Floodplain shall mean the one‑hundred‑year floodplain as defined by the Federal Emergency Management Agency.

(k)  Groundwater shall mean water below the surface of the ground whether or not flowing through known and defined channels.

(1)  Hydrograph shall mean a graph of discharge versus time for a selected outfall point.

(m)  Hydrology shall mean a science dealing with the proper­ties, distribution, and circulation of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere.

(n)  Impervious surface shall mean a surface which has been compacted or covered with a layer of material so that it will not permit the passage of water. It includes surfaces such as compacted clay, as well as most conventionally surfaced streets, driveways, roofs, sidewalks, parking lots, and other similar surfaces.

(o)  Person shall mean an individual, partnership, corporation, governmental agency, business trust, estate, trust, associ­ation, two (2) or more persons having a joint or common interest, or any other legal entity.

(p)  Retention or to retain shall mean the prevention of, or to prevent, the discharge of a given volume of surfacewater runoff by complete on‑site storage where the capacity to store the given volume must be provided by a decrease of stored water caused only by percolation through soil, evapo­ration, or evapotranspiration.

(q)  Sediment shall mean solid material, whether mineral or organic, that is in suspension, is being transported, or has moved from its site or origin by air, water, or gravity.

(r)  Sedimentation facility shall mean any structure or area which is designed to hold runoff water until suspended sediments have been settled.

(s)    Site shall mean any tract, lot, or parcel of land or combina­tion of tracts, lots, or parcels of land which is in one owner­ship, or contiguous and in diverse ownership, where devel­opment is to be performed as part of a unit, subdivision, or project.

(t)    Site plan shall mean the plan required to acquire a devel­opment, construction, building, or surfacewater permit which will show the means by which the developer will conform with applicable ordinances.

(u)  Surfacewater drainage plan shall refer to the detailed analy­sis required by subsection (5) herein for each activity de­scribed in subsection (7) herein.

(v)  Surfacewater management system shall refer to the designed features of the property which collect, channel, hold, inhibit, or divert the movement of surfacewater.

(w)  Surfacewater or runoff shall refer to the flow of water which results from, and which occurs during and immedi­ately following, a rainfall event, the breaking or flushing of a hydrant or water main, the breaking or misdirection of a lawn sprinkler head, or any other source of nonsalt water which results in an over‑supply of nonsalt water that is not immediately percolated through the soil.

(x)  Swale shall mean a natural or manmade drainage path­way, which if manmade has a top width to depth ratio of the cross section equal to or greater than six (6) to one or side slopes equal to or greater then three (3) feet horizontal to one foot vertical and has a grade as flat as the topogra­phy and design condition will allow; and only contains contiguous areas of standing or flowing water following the occurrence of rainfall or flooding; and is planted with vegetation suitable for soil stabilization, surfacewater treat­ment, and nutrient uptake.

(y)  Town building official or inspector shall mean that indi­vidual designated by the town to receive and review appli­cations for land use permits, recommend same for approval or disapproval by the appropriate town authorities, issue permits therefore, and make necessary inspections to see that the provisions of the law are fully observed.

(z)  Water body shall mean any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

(aa)         Watercourse shall mean any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.

(bb)         Water management structure shall mean a facility which provides for surfacewater runoff and the controlled release of such runoff during and after a flood or storm.

(cc)         Water retention structure shall mean a facility which provides for storage of surfacewater runoff.

(2)      Applicability. This section shall apply in the incorporated areas of the town, and to all areas not presently within these corporate limits but which are annexed into the limits whether by future council or legislative action.

 (3)      Prohibitions.

 (a)   No person may subdivide or make any changes in the use of land, or construct any system or structure, or change the size of a structure except as exempted in subsection (4) without first obtaining a permit from the zoning and planning board as provided herein.

(b)   For the purposes of this section, the following activities may alter or disrupt surfacewater runoff patterns, and will, therefore, unless exempt in accordance with subsec­tion (4), require a permit prior to the initiation of any project:

1. Clearing and/or construction of ditches or swales for drainage of land;

2. Clearing and or drainage of agricultural land for agri­cultural purposes;

3. Converting agricultural land to nonagricultural purposes;

4. Subdividing of land;

5. Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions;

6. Changing the use of land and/or the construction of a structure or a change in the size of one or more structures;

7. Altering shorelines or banks of bodies of water;

8. Increasing the impervious area of any tract, lot, or parcel of land.

(4)      Exemptions. For the purposes of this section, the following activities shall be exempt from further consideration under the provisions set forth herein.

(a)       Residential and/or commercial properties where such land is part of, and the surfacewater management is included in, the overall subdivision site plan or construction plan approval;

(b)     Bona fide agricultural pursuits where no artificial drain­age system will be used to increase the flow of water from the land;

(c)       Maintenance work performed for the purpose of public health and welfare;

(d)     Any maintenance, alteration, renewal, use, or improvement to an existing structure or systems not materially chang­ing or affecting the rate or volume of surface water runoff;

(e)       Residential construction of tracts, lots, or parcels, where the surfacewater drainage plan has already been approved by the zoning and planning board.

 (5)      General requirements.

 (a)         Surfacewater and ground water, and all other fresh water resources including rainwater, management plan. A surfacewater management plan shall be submitted for all projects unless relief from the requirement is obtained under one of the following:

1.    The town building official or consulting engineer de­termines that the proposed project is exempt under the provisions of subsection (4) herein, or

2.    The board of adjustment, after considering the rec­ommendations of the town building official, grants a variance to specific provisions of this article.

(b)  The provisions of the plan shall meet the following requirements:

1.  All proposed surfacewater management systems shall be designed to prevent floods and/or safety or health hazards;

2.  All surfacewater and ground water, and all other fresh water resources including rainwater, management sys­tems shall be designed to enhance groundwater re­charge while reducing pollution. However, in an area designated as a groundwater recharge area, the de­veloper shall limit runoff from the proposed site to the greatest possible extent. In addition, the town build­ing official, while enforcing standards set for pollution and sedimentation control, may encourage or request innovative approaches to achieve the desired purpose.

3.  Concurrent control of erosion, sedimentation, water pollution, and flooding shall be mandatory.

(c)  System design requirements. In determining the rate and volume of runoff from project sites, the following computational methods shall be employed to develop hydrological data:

1.    For the predevelopment stage, runoff rates, volumes, and timing shall be developed by the methods pub­lished by the U.S. Department of Agriculture, Soil Conservation Service (SCS) in Technical Release No. 55. “Urban Hydrology for Small Watersheds”, and/or SCS National Engineering Handbook, Section 4, enti­tled “Hydrology”. Alternative methods may be used if, in the opinion of the town building official, the method produces similar results.

2.    For the post‑development stage, the Santa Barbara Urban Hydrograph method as published in “Proceed­ings, National Symposium of Hydrology and Sediment Control”, College of Engineering, University of Ken­tucky 1975, is preferred for developed areas with high percentages of impervious surfaces. The Soil Conser­vation Service methods may be used where compara­ble results can be demonstrated.

3.    The design of water retention or detention structures and flow attenuation devices shall be subject to the approval of the town building official pursuant to the requirements of this section.

4.    Runoff computations shall be based on the most criti­cal situation (rainfall duration, distribution, and ante­cedent soil moisture condition) and conform to accept­able engineering practices using rainfall data and other local information applicable to the affected area.

5.   All surfacewater and ground water, and all other fresh water resources including rainwater, management fa­cilities shall be designed for a minimum of twenty (20) year life and shall have a low maintenance cost and easy legal access for periodic maintenance.

6.    No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes.

7.   In those cases in which the site under consideration is a part of the natural watershed, provision shall be made for waters entering from beyond proposed site limits.

8.    The use of swaled greenways; flow control structures; distilling basins, grease, oil, sediment traps, and sim­ilar devices shall be used to minimize the adverse effects of surfacewater runoff on both surface and ground waters.

9.   In all cases involving retention ponds or detention basins, the side slopes shall conform to the following maximums or else the pond or basin shall be fenced in accordance with existing requirements for swimming pools.

a. In ponds or detention basins where water is ex­pected to stand as a consideration of design, the maximum side slopes shall be five (5) horizontal to one vertical.

b. In ponds or detention basins that are designed to be dry as the normal condition, the maximum side slopes shall be three (3) horizontal to one vertical.

(6) Performance standards. Surfacewater and ground water, and all other fresh water resources including rainwater, man­agement plans shall be approved by the town building official when it can be demonstrated that the proposed development activity has been planned, designed, and will be constructed and maintained to meet each of the following performance standards:

(a)  The hydrograph for the developed or redeveloped site shall not exceed the rate of flow, volume, and timing of runoff produced by conditions existing before development or redevelopment for the ten‑year, twenty‑four‑hour storm. In addition, the cumulative impact of the outflow hydrograph on downstream flow shall be considered. Runoff rates and volumes resulting from the project, in excess of existing rates and volumes, shall be accommodated on‑site.

(b)        Primary surfacewater and ground water, and all other fresh water resources including rainwater, management facilities shall be designated for the twenty‑five‑year, twenty-four‑hour storm. Other facilities shall be designed for the ten‑year, twenty‑four‑hour storm.

(c)        Surfacewater runoff shall be subjected to best management practices prior to discharge into natural or artificial drain­age systems. Best management practice shall mean a prac­tice or combination of practices determined by the town building official to be the most effective, practical means of preventing or reducing the amount of pollution generated by the project to a level compatible with acceptable stand­ards of Florida water quality.

(d)        On‑site retention must be provided for the first inch of runoff from impervious surfaces, plus the runoff from the first inch of rainfall over the pervious surfaces.

(e)        Channeling runoff directly into water bodies shall be pro­hibited. Instead, runoff shall be routed through swales and other systems designed to increase time of concentration, decrease velocity, increase filtration, allow suspended ar­ticles to settle and remove pollutants.

(f)   Runoff from parking lots shall be appropriately treated to remove oil and sediment before it enters receiving waters.

(g)        Vegetated buffer strips shall be created or, where practi­cable, retained in their natural state along the banks of all watercourses, water bodies, or wetlands. The width of the buffer shall be sufficient to prevent erosion, trap the sedi­ment on overland runoff, provide access to the water body, and allow for periodic flooding without damage to structures.

(h)  No grading, cutting, or filling shall be commenced until erosion and sedimentation control devices have been in­stalled between the disturbed area and the water bodies, watercourses, and wetlands.

(i)   Land which has been cleared for development and on which construction has not begun for thirty (30) days shall be protected from erosion and sedimentation by appropriate techniques.

(j)        Sediment shall be retained on the site of the development.

(k)        Wetlands and other water bodies shall not be used as sediment traps during development.

(l)        Development, including grading and contouring, shall take place in a manner that protects the roots and stability of the trees.

(m)  The applicant shall check erosion control practices for stability and operation following every one-quarter inch (1/4”) rainfall event, but not less than weekly.  All needed repairs will be made immediately and recorded.

(n)   The applicant shall remove sediment build-up from inlet protection devices to ensure proper management and storage capacities.  Sediment control devices shall be cleaned or replaced when the device no longer works effectively.

(o)   The applicant shall maintain and/or replace as necessary sediment controlling silt fences to maintain a barrier.

(p)   The applicant shall maintain in adequate condition all vegetated areas to provide proper ground cover to reduce erosion potential.

(q)   The applicant shall design the heavy construction equipment parking and maintenance areas so as to prevent oil, grease, and lubricants from entering site drainage features, which include storm water collection and treatment systems.

(1)        The applicant shall provide barriers or silt screens around equipment parking areas to contain spills of oil, grease, and lubricants

(2)        The applicant shall have available on-site and shall utilize absorbent filter pads or other methods to clean-up spills immediately after such an occurrence.

(r)   The applicant shall minimize wind erosion by employing best management practices (BMP’s) which shall include the following and/or other methods as a minimum:

(1)        Bare earth areas shall be watered during construction as necessary to minimize the transport of dust, it may be necessary to limit construction vehicle speed if bare earth has not been effectively watered.  In no case shall dust be allowed to leave the site that is under construction.

(7) Maintenance. The installed system required by this article shall be maintained by the owner. In certain instances involving critical areas and/or structures, the town council may determine that maintenance be performed by the town. In such circum­stances all areas and/or other structures to be maintained by the town must be dedicated to the town by plan or separate instru­ment and accepted by the council. The system to be maintained by the owner shall have adequate easements to protect the town to permit and, if necessary, to take corrective action should the owner fail to maintain the system properly. If inspection reveals that the owner is not properly maintaining his system, the town building official shall give the owner, in writing, notice of the corrective action to be taken. Should the owner fail, within thirty (30) days of the notice, to begin corrective action, the town may enter upon the property and take the necessary corrective action. For the purposes of this section, the owner shall execute and record a document acceptable to the Town attorney, the docu­ment to define the specific person/agency responsible for mainte­nance of the surfacewater and ground water retention system, and all other fresh water resources including rainwater, man­agement system, how this maintenance is to be performed, and the legal mechanism assuring the perpetuation of the maintenance.

(8) Permitting. A permit is required for those projects/develop­ments, land clearing, and all other activities which must be considered under the provisions of this section, unless exempted by the town building official in accordance with subsection (4) herein. The requirements of this surfacewater management article will be implemented, and must be satisfied completely, prior to final plat or site plan approval.

 (9) Permit fees. Section 6‑11 of the Town of Indialantic Code of Ordinances applies.

(10) Review by town building official.

 (a)   The town building official, within five (5) days of submit­tal, will determine the completeness of the application. Within forty‑five (45) days after submission of the com­pleted permit application package, the town building of­ficial shall approve, with or without specified conditions or modifications, or shall reject, the proposed plan and shall notify the applicant accordingly. If the town building offi­cial has not rendered a decision within forty‑five (45) days after plan submission, he must inform the applicant of the status of the review process and the anticipated comple­tion date. If the plan is rejected or modified, the town building official shall state his reasons for rejection or modification. If the applicant feels aggrieved due to rejec­tion, modification, or delay, he may request a hearing before the town board of adjustment.

(b)  In cases where the building official determines, in his rea­sonable discretion, that the complexity of the application is such that the Town is unable to administer it, or there will not be sufficient time to be able to comply with the applicant’s time schedule, he may hire a consulting engi­neer in which case the permit fee shall be as per Chapter 6, Article I, Section 6‑11 of the Town of Indialantic Code of Ordinances.

(11)  Process.

              (a)        The applicant shall employ general erosion control best management practices (BMP’s) to minimize soil erosion with techniques to be site and plan specific.

(b)        The applicant shall install sediment controls including a temporary stabilized construction entrance/exit as the first construction activity.

(c)        The applicant shall install silt barriers prior to initiating clearing or earthwork, which shall remain in place until a vegetative cover on all disturbed areas has been established.

(d)        The applicant shall maintain the silt barriers, the removal of which will require building official authorization.  Silt that accumulates behind the barriers and any fill used to anchor the barriers shall be removed concurrently with the removal of the silt barrier by the applicant.

(e)        The applicant, after completing final grading for parking areas, will stabilize the area.

(f)         The applicant, after completing final grading of the grounds, will permanently vegetate, landscape, and mulch said grounds (note:  sod is to be placed prior to the removal of silt barriers).

(12) Inspections. Subsequent to the applicant’s satisfying the requirements of this section, and other applicable ordinances, and the issuance of the appropriate permit, the applicant shall, during construction, arrange for and schedule the following in­spections by the town building official:

(a)  During clearing operation and excavation, to assure that effective control practices relative to erosion and sedimen­tation are being followed.

(b)  All underground conveyance and control structures, prior to backfilling.

(c)  Final inspection when all systems required by the appli­cant’s approved surfacewater management plan have been installed.

(13) Enforcement. If the town building official determines that the project is not being carried out in accordance with the ap­proved plan or if any project subject to this section is being carried out without a permit, he is authorized to:

(a)  Issue written notice to the applicant specifying the nature and location of the alleged noncompliance, with a descrip­tion of the remedial action(s) necessary to bring the project into compliance within three (3) working days.

(b)  Issue a stop‑work order directing the applicant or persons in possession to cease and desist all or any portion of the work which violates the provisions of this section, if the remedial work is not completed within the specified time. The applicant shall then bring the project into compliance.

(14)   Reporting.  The applicant shall maintain records of construction activities on the job site and copies of these records shall be submitted to the Town prior to issuance of the certificate of occupancy.  These records shall include the following:

(a)  Dates when grading activities occur;

(b)  Dates when major construction activities temporarily cease on any portion of the site;

(c)  Dates when stabilization measures are initiated on-site;

(d)  Inspection reports, for inspections that shall be completed following every one-quarter inch (1/4”) rainfall event or on a weekly basis, that summarize the qualifications of the inspector, daily rainfall totals,  and changes necessary to control erosion;

(e)  The applicant certification form ensuring that all subcontractors responsible for erosion control measures execute the form (note:  a copy of the applicant certification form shall be submitted to the Town prior to the start of any new construction); and

(f)  Releases of reportable quantities of oil or hazardous materials, if any (note:  the applicant shall notify the national response center at 1-800-424-8802, or a more current number, and all appropriate permitting authorities in writing immediately).  Should a reportable spill occur, the applicant will modify activity to insure that such a spill does not re-occur.

(15)  Erosion Control Examples

FIGURE 1                                                                                               FIGURE 2

(16) Penalties. Any person who violates or causes to be violated any provisions of this article or permits any such violation or fails to comply with any of the requirements hereof shall be subject to enforcement action of the code enforcement board, pursuant to Florida Statutes. A separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues.

(17) Emergency exemption.

 (a)  This article shall not be construed to prevent the doing of any act necessary to prevent material harm to or the de­struction of life, or real personal property, as the result of a present emergency, including but not limited to fire, infes­tation by pests, or hazards resulting from violent storms or hurricanes or when the property is in imminent peril and the necessity of obtaining a permit is impractical and would cause unique hardship in the protection of life or property.

(b)  A report of such emergency action shall be made to the town building official by the owner or the person in control of the property upon which the emergency action was taken as soon as practicable, but no more than ten (10) days following such action. Remedial action may be required by the town building official subject to appeal to the council in the event of dispute.

(Ord. No. 87‑4, 1, 2‑17‑87; Ord. No. 87‑16, 1, 4, 5,10‑20‑87, Ord. No. 04-05, 1-2, 2-17-04)

Editor’s note–Ord. No. 87‑4, 1, adopted Feb. 17, 1987, purported to amend the Code by the addition of provisions designated as 17‑111. Inasmuch as there already exist provisions designated as 17‑111, the editor has redesignated the provisions of Ord. No. 87‑4, 1, as 17‑114.

Sec. 17-115.  Community Residential Homes.

(a)     Applicability generally.  All community residential homes shall comply with all applicable requirements set forth in this section.

(b)     Dispersal of facilities.

(1)  In any residential zoning district the minimum distance between an existing level I community residential home principal structure and a proposed level I community residential home principal structure shall be 1,000 feet.

(2)  No proposed level II community residential home principal structure shall be located within 1,200 feet of another level II community residential home principal structure in a multi-family zoning district.

(3)  No level II community residential home principal structure shall be located within 500 feet of a R-1-A or R-1-B single-family zoning district in the town of Indialantic; a 1-RS, 2-RS, or 3-RS single-family zoning district in the town of Melbourne Beach, or a REU, RR-1, SEU, SR, EU, EU-1, EU-2, RU-1-7, RU-1-9, RU-1-11, RU-1-13, RA-2-4, RA-2-6, RA-2-8, RA-2-10, RRMH-1, RRMH-2.5, RRMH-5, TR-1, TR-1A, TR-2, TRC-1, or PUD single-family zoning district in unincorporated Brevard County.

(4)  Distance shall be measured from the nearest point of a community residential home principal structure or district line of a R-1-A or R-1-B single-family zoning district to the nearest point of a proposed community residential home principal structure.

(c)     Neighborhood compatibility.  In residential zoning districts, the external appearances of group home structures and building sites shall maintain the general character of the area.  Exterior building materials, landscaping, fences and walls, and general design shall be compatible with those of surrounding dwellings.

(d)     Facility standards.  Each community residential home shall:

(1)  Have not less than 500 square feet of living area per assigned resident.

(2)  Have not less than a minimum of one (1) bathroom, containing a sink, toilet, and shower or tub, for each two (2) assigned residents plus one (1) similarly equipped bathroom for the owner/operator of the home.

(3)  Be designed in such a manner that all assigned residents shall have internal access from assigned bedroom areas to the living and dining areas, if the community residential home is a single family or duplex structure.

(4)  Be designed consistent with Section 11 of the Florida Accessibility Code for Building Construction, January, 1994 edition.

(e)     Parking.  Each community residential home shall have one (1) off-street parking space for every two (2) assigned residents plus two (2) parking spaces for the owner or operator of the home.  In addition each community residential home shall have at least one (1) off-street parking space for each non-resident staff member.

(f)      Signage.  Except as permitted in section 17-106.3 or section 17-106.4, no signs shall be permitted for community residential homes.

(g)     Firesafety, building and construction-related regulations.

(1)  Firesafety regulations.

(A)  Community residential home for children.

1.    All community residential homes for six or more children unrelated to the proprietor and licensed pursuant to section 409.175, Florida Statutes (1993), as amended from time to time, shall comply with the Uniform Fire Safety Standards for Residential and Nonresidential Child Care Facilities, chapter 4A-41, Florida Administrative Code.  All other community residential homes for children shall comply with the Standard Fire Prevention Code adopted pursuant to section 7-60, town code.

2.    All community residential homes for children shall comply with the applicable edition of the National Fire Protection Association (NFPA) 101, Life Safety Code, as adopted pursuant to Rule 4A-41.007, Florida Administrative Code.

(B)  Community residential homes for developmentally disabled persons.

1.    All community residential homes for developmentally disabled persons (excepting children as set forth in Rule 4A-38.020(3)(a), Florida Administrative Code), shall comply with the Uniform Fire Safety Standards for Residential Facilities for Individuals with Developmental Disabilities, chapter 4A-38, Florida Administrative Code.

2.    All community residential homes for developmentally disabled persons shall comply with the applicable National Fire Protection Association (NFPA) 101, Life Safety Code, as adopted pursuant to Rule 4A-38.023, Florida Administrative Code.

(C)  Community residential homes for adult congregate living facilities.

1.    All community residential homes for adult congregate living facilities shall comply with the Uniform Fire Safety Standards for Adult Congregate Living Facilities, chapter 4A-40, Florida Administrative Code.

2.    All community residential homes for adult congregate living facilities shall comply with the applicable provisions or alternatives of the National Fire Protection Association (NFPA) 101, Life Safety Code, as adopted pursuant to chapter 4A-40, Florida Administrative Code.

(D)  Other community residential homes.  All community residential homes for other than adult congregate living facilities, developmentally disabled persons, or child-caring facilities, shall comply with the Standard Fire Prevention Code adopted pursuant to section 7-60, town code, and the National Fire Protection Association (NFPA) 101, Life Safety Code, adopted pursuant to section 7-60, town code.

(2)  Building and construction related codes.  All community residential homes shall comply with applicable minimum standard building codes, and other building and construction related codes, adopted pursuant to chapter 6, town code.

(h)     State regulations.  Violations of applicable federal or Florida statutes and administrative regulations shall be deemed violations of this code.

(i)  Termination.  The owner or operator of a community residential home shall notify the town building department within fifteen (15) days of the discontinued use of a structure as a community residential home.

(j)  Administrative permit.

(1)  All operators of community residential homes shall submit an application for an administrative permit to the town’s director of community development.  Said application shall contain the Florida Department of Health and Rehabilitative Services license and appropriate documentation, as determined by the director of community development, to determine compliance with this section.  Upon receipt of an application, the director of community development shall notify all property owners within two hundred (200) feet of the community residential home lot of the filing of an application for a community residential home administrative permit.  Notices shall be deemed sufficiently given if mailed, first class U.S. mail to the address of the property owner as shown on the most current ad valorem tax rolls on file at town hall.  No permit shall be issued until at least fifteen (15) calendar days after the date of mailing of notices.

(2)  Community residential homes shall be subject to the home occupation regulations of section 17-102, town code.  Simultaneous with the application for an administrative permit, the applicant shall file an application with payment of the occupational license tax for a home occupational license as set forth in section 9-11.

(3)  Upon a determination by the director of community development of compliance with this code by the applicant for an administrative permit, the permit shall be issued.  The administrative permit shall be valid for one (1) year from the date of issuance.  Renewal shall be accomplished in the same manner as the original application.

(Ord. 95-13, 2, 10-17-95)                                                                                                

Sec. 17-116.  Temporary portable storage units.

The Town Manager may issue permits for the placement of units on property within the Town.  The following regulations shall apply to the placement of temporary portable storage units upon lots in all zoning districts:

(1)         A permit shall be obtained prior to setting the unit on the property.

(2)         A maximum of one (1) unit per property can be considered for permitting; provided, however, that the Town Manager may issue a permit for one (1) additional unit if the following conditions are satisfied:

(a)  The permit applicant must present substantial, competent evidence of the need for the issuance of a permit for an additional unit.  The evidence must demonstrate that the permit applicant has so many articles of personal property that two (2) units are needed for storage on the property at the same time, or that the permit applicant’s personal property is stored in such a manner that an additional unit is needed to be located on the property at the same time;

(b)  The additional unit shall be located on the property only at the same time that the primary or first unit is also on the same property; and

(c)  Both units shall be placed on the property in such a manner so as not to encroach on property not owned by the permit applicant, block the public use of roadways adjacent to the permit applicant’s property, not cause a visual obstruction to motor vehicle operators on public rights-of-way or to those individuals leaving the permit applicant’s property and entering a public right-of-way.

(3)         A site drawing shall be submitted showing the location on the property where the unit will be placed, size of the unit and distance to  all applicable property lines and all other buildings or structures.  This plan shall be reviewed and subject to approval by the Town Manager, or said Manager’s designee.

(4)         The property must be occupied by a principal building.

(5)         All units shall be set back a minimum distance of ten (10) feet from all property lines except the property line abutting the street used as access for the unit, which shall be five (5) feet.

(6)         The unit shall be removed within ten (10) calendar days after permit issuance.

(7)         No more than twelve permits may be secured within a twelve-month period and a minimum of twenty (20) days shall exist between the issuance of permits for the same property.

(8)         The size of the unit shall not exceed:

(a) a height of eight (8) feet; and

(b) one hundred and thirty (130) square feet in size.

(9)     In the event of a tropical storm or hurricane watch issued by the  National Weather Service, the Town shall have the right to order the supplier to remove the temporary storage unit by providing the supplier seventy-two (72) hours notice of removal.  In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage unit shall be immediately removed by the supplier after the warning being issued.

(10)    Final action by the Town Manager with regard to issuance of a permit may be appealed to the  Town Council by an aggrieved party.  An “aggrieved party” shall include:  (a) the permit applicant; (b) the owner or occupant of real property located immediately adjacent to the property on which the unit(s) shall be placed;  or (c) a person suffering greater injury than others in the community or suffering a different type of injury than other persons in the community.  Appeals to the Town Council shall be filed with the Town Clerk within not more than ten (10) days after the rendition of a decision to approve or disapproved issuance of a permit by the Town Manager.  Appeals to the Town Council shall be de novo.

(Ord. No. 04-07, 2, 3-16-04)

 Sec. 17-117.  Vacation Rentals.

 (a)  Performance Standards.  All vacation rentals dwellings qualifying under this section shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit.

(1)  Parking.  For single family residential homes used as vacation rentals, there shall be at least two designated and available off-street parking space per unit.

(2)  Excessive or late noise.  Noise emanating from the resort dwelling shall not disturb the peace and quiet of the neighborhood vicinity in which the vacation rental is located.  Sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph, device emitting sounds or audible noise, or similar device, shall not be discernable at the property line of the vacation rental unit after 10:00 PM and before 8:00 AM on Monday through Friday or before 9:00 AM Saturday and Sunday.   The ambient noise level of the neighborhood is considered excessive which is discernable at the property line of a complainant is excessive noise after 10:00 PM and before 8:00 AM (weekdays) or 9 AM (Saturday and Sunday).

(3)  Vehicles shall not be placed on the street or in yards.  Watercraft and trailers shall comply with the provisions of Section 17-103 of the Town Code.

(4)  No recreation vehicles shall be used for sleeping or overnight accommodations at or adjacent to the vacation rental unit.

(5)   All trash and debris on the vacation rental property must be kept in covered trash containers.

(6)  Vacation rentals must be registered, licensed and at all times be in compliance with all applicable state requirements contained in chapters 212  (Florida Tax & Revenue Act) and 509 (Public Lodging Establishments), Florida Statutes, as implemented by the Florida Administrative Code, as may be amended.

(7)  The name, address, and telephone number of the vacation rental manager(s), the telephone number of town code enforcement department and the town police department shall be posted prominently inside each rental unit.

(b)  Prohibitions, enforcement, and penalties.

(1)  It shall be unlawful for any vacation rental unit owner, landlord, tenant, agent or other representative of a landowner to rent, lease, advertise or hold out for rent any structure or unit for vacation rental use in any district where a vacation rental use is prohibited.

(c)  Prima facie evidence of vacation rental of a dwelling unit shall include (i) registration or licensing for short-term rental or transient rental use by the state under chapters 212 (Florida Tax and Revenue Act) and 509 (public lodging establishments), Florida Statutes; (ii) advertising or holding out a dwelling unit for vacation rental use; (iii) reservations, booking arrangements or more than one (1) signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any period of eighty-four (84) days or less; (iv) the use of an agent or other third person to make reservations or booking arrangements; (v) on a non-homestead property, different occupants have been observed on at least two separate occasions within any 90 day period; or (vi) on a non-homesteaded property, different vehicles with different license plate tags have been observed parked on at least two separate occasions in any 90 day period.

(d)  In addition to any other remedies available to the town, the town or any adversely affected party may enforce the terms of this section in law or equity; provided, that enforcement may only be against the owner, operator, manager, landlord, or tenant of a vacation rental unit.  An “adversely affected party” is a resident or property owner of the town whose property is located within three-hundred (300) feet of the vacation rental unit involved in an action brought pursuant to this sub-section.  An adversely affected party may seek injunctive relief in a court of competent jurisdiction to prevent a violation of the zoning code or this section.  Attorney’s fees and costs incurred in an action to enforce these regulations concerning vacation rental use(s) may be awarded to a substantially prevailing party at the discretion of the court.

(Ord. No. 08-01, 3, 11-20-07)

 17-118–17‑120. Reserved.