ARTICLE VII. DISTRICT REGULATIONS

Sec. 17‑121. “R‑1‑A” Single‑Family Residence Districts.

Within “R‑1‑A” Single‑Family Residence Districts the following regulations shall apply:

(1) Permitted uses. The following uses only shall be permitted:

(a) Single‑family dwellings.

(b) Parish houses.

(c) Essential municipal uses.

(d) Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.

(e) Gardening activities customarily incidental to single‑family dwellings.

(f) Satellite dish antenna in the manner specified in section 17-111.

(g) Community residential home (level I facility only) subject to satisfying the standards set forth in section 17-115, town code.

(2) Accessory buildings, structures and uses.

(a) Accessory buildings, structures and uses customarily inciden­tal to any use permitted by this section shall be allowed.

(b) All accessory buildings and structures located in the rear yard shall be set back not less than four (4) feet from all lot lines. On corner lots when the lot abuts two (2) intersecting streets, accessory use structures shall be set back not less than twenty-five (25) feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five (5) feet from any principal or primary permitted use.

(c) All accessory uses shall meet the requirements of section 17-91.

(2.5) Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.

(a) All uses which are not permitted uses.

(b) Vacation rental.

(c) Bed and breakfast facilities.

(d) Medical marijuana treatment center dispensing facility.

(3) Building height limitation.

(a) The maximum height (see definition) of any building other than an accessory use shall be thirty (30) feet and the building shall not exceed two (2) stories.

(b) The maximum height permitted for an accessory use structure shall be eight (8) feet, if the use is set back at least four (4) feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased one and one-half (1 1/2) feet to a maximum of fourteen (14) feet for each additional one (1) foot that the accessory structure is set back, in excess of four (4) feet, from the rear and side lot lines.

(4) Lot area. The minimum area of any lot shall be ten thousand (10,000) square feet.

(5) Lot dimensions. The minimum dimensions of any lot shall be:

(a) Depth, one hundred (100) feet.

(b) Width at building line, one hundred (100) feet.

(6) Front yards. Front yards shall be not less than twenty‑five (25)feet in depth.

(7) Side yards. Side yards shall be not less than:

(a) Interior lots, ten (10) feet in depth on each side.

(b) Where side yard of a corner lot abuts one of two (2) intersecting streets, twenty‑five (25) feet in depth on the side abutting the street and ten (10) feet in depth on the other side.

(8) Rear yards. Rear yards shall be not less than twenty (20) feet in depth.

(9) Living area. The minimum living area of any dwelling shall be at least nineteen hundred and fifty (1,950) square feet.

(10)Grading and drainage. Section 17‑114 applies.

(Code 1962, 28‑90; Ord. No. 153, 1, 6‑19‑73; Ord. No. 261, 2, 12, 13, 7‑17‑79; Ord. No. 87‑4, 2, 2‑17‑87; Ord. No. 92-3, 2, 1-21-92; Ord. No. 92-4, 2, 2-18-92; Ord. 92-13, 2, 3-16-93; Ord. 95-9, 6, 7-18-95; Ord. No. 95-13, 3, 10-17-95; Ord. No. 08-01, 4, 11-20-07; Ord. No. 17-14, 2, 9-13-17)

Sec. 17‑122. “R‑1‑B” Single‑Family Residence Districts.

Within “R‑1‑B” Single‑Family Residence Districts the following regulations shall apply:

(1) Permitted uses. The following uses only shall be permitted:

(a) Single‑family dwellings.

(b) Parish houses.

(c) Essential municipal uses.

(d) Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.

(e) Gardening activities customarily incidental to single‑family dwellings.

(f) Satellite dish antenna in the manner specified in section 17-111.

(g) Community residential home (level I facility only) subject to satisfying the standards set forth in section 17-115, town code.

(2) Accessory buildings, structures and uses.

(a) Accessory buildings, structures and uses customarily inciden­tal to any use permitted by this section shall be allowed.

(b) All accessory buildings and structures located in the rear yard shall be set back not less than four (4) feet from all lot lines. On corner lots when the lot abuts two (2) intersecting streets, accessory use structures shall be set back not less than twenty-five (25) feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five (5) feet from any principal or primary permitted use.

(c) All accessory uses shall meet the requirements of section 17-91.

(2.5) Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.

(a) All uses which are not permitted uses.

(b) Vacation rentals.

(c) Bed and breakfast facilities.

(d) Medical marijuana treatment center dispensing facility.

(3) Building height limitation.

(a) The maximum height (see definition) of any building other than an accessory use shall be thirty (30) feet and the building shall not exceed two (2) stories.

(b) The maximum height permitted for an accessory use structure shall be eight (8) feet, if the use is set back at least four (4) feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased one and one-half (1 1/2) feet to a maximum of fourteen (14) feet for each additional one (1) foot that the accessory structure is set back, in excess of four (4) feet, from the rear and side lot lines.

(4) Lot area. The minimum area of any lot shall be ten thousand (10,000) square feet.

(5) Lot dimensions. The minimum dimensions of any lot shall be:

(a) Depth, one hundred (100) feet.

(b) Width at building line, one hundred (100) feet.

(6) Front yards. Front yards shall be not less than twenty‑five (25) feet in depth.

(7) Side yards. Side yards shall be not less than:

(a) Interior lots, ten (10) feet in depth on each side; or,

(b) Where side yard of a corner lot abuts one of two (2) intersecting streets, twenty‑five (25) feet in depth on the side abutting the street and ten (10) feet in depth on the other side.

(8) Rear yards. Rear yards shall be not less than twenty (20) feet in depth.

(9) Living area. The minimum living area of any dwelling shall be seventeen hundred and fifty (1,750) square feet.

(10) Grading and drainage. Section 17‑114 applies.

(Code 1962, 28‑91; Ord. No. 153, 2, 6‑19‑73; Ord. No. 162, 4, 9‑17‑74; Ord. No. 261, 3, 14, 7‑17‑79; Ord. No. 87‑4, 3, 2‑17‑87; Ord. No. 92-3, 3, 1-21-92; Ord. No. 92-4, 3, 2-18-92; Ord. No. 92-13, 3, 3-16-93; Ord. 95-9, 7, 7-18-95; Ord. 95-13, 4, 10-17-95, Ord. 08-01, 5, 11-20-07; Ord. No. 17-14, 3, 9-13-17)

Sec. 17‑123. “R‑2” Duplex Residence Districts.

Within “R‑2” Duplex Residence Districts the following regulations shall apply:

(1) Permitted uses. The following uses only shall be permitted:

(a) Single‑family dwellings.

(b) Parish houses.

(c) Essential municipal uses.

(d) Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.

(e) Gardening activities customarily incidental to single‑family dwellings.

(f) Duplex family living units

(g) Satellite dish antenna in the manner specified in section 17-111.

(h) Community residential home (level I or II facilities) subject to satisfying the standards set forth in section 17-115, town code.

(2) Accessory buildings, structures and uses.

(a) Accessory buildings, structures and uses customarily inciden­tal to any use permitted by this section shall be allowed.

(b) All accessory buildings and structures located in the rear yard shall be set back not less than four (4) feet from all lot lines. On corner lots when the lot abuts two (2) intersecting streets, accessory use structures shall be set back not less than twenty-five (25) feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five (5) feet from any principal or primary permitted use.

(c) All accessory uses shall meet the requirements of section 17-91.

(2.5) Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.

(a) All uses which are not permitted uses.

(b) Vacation rentals.

(c) Bed and breakfast facilities.

(d) Medical marijuana treatment center dispensing facility.

(3) Building height limitation.

(a) The maximum height (see definition) of any building other than an accessory use shall be thirty (30) feet and the building shall not exceed two (2) stories.

(b) The maximum height permitted for an accessory use structure shall be eight (8) feet, if the use is set back at least four (4) feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased one and one-half (1 1/2) feet to a maximum of fourteen (14) feet for each additional one (1) foot that the accessory structure is set back, in excess of four (4) feet, from the rear and side lot lines.

(4) Lot area. The minimum area of any lot shall be ten thousand (10,000) square feet.

(5) Lot dimensions. The minimum dimensions of any lot shall be:

(a) Depth, one hundred (100) feet.

(b) Width at building line, one hundred (100) feet.

(6) Front yards. Front yards shall be not less than twenty‑five (25) feet in depth.

(7) Side yards. Side yards shall be not less than:

(a) Interior lots, ten (10) feet in depth on each side.

(b) Where side yard of a corner lot abuts one of two (2)intersecting streets, twenty‑five (25)feet in depth on the side abutting the street and ten (10) feet in depth on the other side.

(8) Rear yards. Rear yards shall be not less than twenty (20)feet in depth.

(9) Living area. The minimum living area of any dwelling shall be:

(a) Single‑family units, thirteen hundred and fifty (1,350) square feet.

(b) Duplexes, one thousand (1,000) square feet.

(10) Parking spaces. Section 17‑99 applies.

(11) Ground covering. In addition to meeting the following requirements, a landscaping plan shall be submitted to the town along with architectural plans.

(a) At least twenty percent (20%) of the parcel of land must be devoted to lawn or plants. At least half of the minimum required landscaping must be contained in the front yard area.

(b) A landscape buffer of not less than five (5) feet wide shall be provided between parking areas and near side lines.

(c) A landscape buffer of not less than five (5) feet wide shall be provided along front property line except for ingress and egress areas.

(12) Density. The maximum density for this zone shall not be greater than fifteen (15) units per acre.

(13) Grading and drainage. Section 17‑114 applies.

(Code 1962, 28‑92; Ord. No. 153, 1, 6‑19‑73; Ord. No. 234, 1, 3‑21‑78; Ord. No. 261, 4, 15, 7‑17‑79; Ord. No. 87‑4, 4, 2‑17‑87; Ord. No. 92-3, 4, 1-21-92; Ord. No. 92-4, 4, 2-18-92; Ord. No. 92-13, 5, 3-16-93; Ord. 95-9, 8, 7-18-95; Ord. 95-13, 5, 10-17-95; Ord. No. 08-01, 6, 11-20-07; Ord. No. 17-14, 4, 9-13-17)

Sec. 17‑124. “R‑3” Multi‑Family Residence Districts.

Within “R‑3” Multi‑Family Residence Districts the following regulations shall apply:

(1) Permitted uses. The following uses only shall be permitted:

(a) Single‑family dwellings.

(b) Parish houses.

(c) Essential municipal uses.

(d) Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.

(e) Gardening activities customarily incidental to single‑family dwellings.

(f) Duplex family living units

(g) Multiple-family living units

(h) Satellite dish antenna in the manner specified in section 17-111.

(i) Community residential home (level I or level II facilities) subject to satisfying the standards set forth in section 17-115, town code.

(2) Accessory buildings, structures and uses.

(a) Accessory buildings, structures and uses customarily inciden­tal to any use permitted by this section shall be allowed.

(b) All accessory buildings and structures located in the rear yard shall be set back not less than four (4) feet from all lot lines. On corner lots when the lot abuts two (2) intersecting streets, accessory use structures shall be set back not less than twenty-five (25) feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five (5) feet from any principal or primary permitted use.

(c) All accessory uses shall meet the requirements of section 17-91.

(2.5) Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.

(a) All uses which are not permitted uses.

(b) Vacation rentals.

(c) Bed and breakfast facilities.

(d) Medical marijuana treatment center dispensing facility.

(3) Building height limitation.

(a) The maximum height (see definition) of any building other than an accessory use shall be thirty (30) feet and the building shall not exceed two (2) stories.

(b) The maximum height permitted for an accessory use structure shall be eight (8) feet, if the use is set back at least four (4) feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased one and one-half (1 1/2) feet to a maximum of fourteen (14) feet for each additional one (1) foot that the accessory structure is set back, in excess of four (4) feet, from the rear and side lot lines.

(4) Lot area. The minimum area of any lot shall be ten thou­sand (10,000) square feet.

(5) Lot dimensions. The minimum dimensions of any lot shall be:

(a) Depth, one hundred (100) feet.

(b) Width at building line, one hundred (100) feet.

(6) Front yards. Front yards shall be not less than twenty‑five (25) feet in depth.

(7) Side yards. Side yards shall be not less than:

(a) Interior lots, ten (10) feet in depth on each side.

(b) Where side yard of a corner lot abuts one of two (2) intersecting streets, twenty‑five (25) feet in depth on the side abutting the street and ten (10) feet in depth on the other side.

(8) Rear yards. Rear yards shall be not less than twenty‑five (25) feet in depth.

(9) Living area. The minimum living area of any dwelling shall be:

(a) Single‑family units, 1350 sq. feet.

(b) Duplexes, 1,000 sq. ft. for each unit.

(c) Apartments, 800 sq. ft. for each unit.

(d) Condominiums, 1,000 sq. ft. per unit.

(10) Parking spaces. Section 17‑99 applies.

(11) Ground covering. In addition to meeting the following requirements, a landscape plan shall be submitted to the town along with architectural plans.

(a) At least twenty percent (20%) of the parcel of land must be devoted to lawn or plants. At least half (1/2) of the minimum required landscaping must be contained in the front yard area.

(b) A landscape buffer of not less than five (5) feet wide shall be provided between parking areas and near side lines.

(c) A landscape buffer of not less than five (5) feet wide shall be provided along front property line except for ingress and egress areas.

(12) Density. The maximum density for this zone shall be not greater than fifteen (15) units per acre.

(13) Buffer wall. Where the property abuts property in the R‑1‑A District, R‑1‑B District, or R‑2 District, a solid wall, six (6) feet high and at least six (6) inches thick, constructed of brick, block, mortar, or similar building materials, and suffi­cient to obstruct the view of such abutting residential prop­erty, shall be provided. The buffer wall shall be placed at the common property line of the R-3 District and the R-1-A District, R-1-B District or R-2 District and shall parallel the length of the common boundary. A wooden fence is strictly prohibited.

(14) Grading and drainage. Chapter 16.5, Article III applies.

(Code 1962, 28‑93; Ord. No. 153, 1, 4, 6‑19‑73; Ord. No. 154, 5, 1‑15‑74; Ord. No. 261, 5, 16, 7‑17‑79; Ord. No. 81‑298, 3, 8‑18‑81; Ord. No. 87‑4, 5, 2‑17‑87; Ord. No. 92-3, 5, 1-21-92; Ord. No. 92-4, 5, 2-18-92; Ord. No. 92-13, 5, 3-16-93; Ord. No. 95-9, 9, 7-18-95; Ord. No. 95-13,6, 10-17-95; Ord. No. 02-04, 2, 2-18-02; Ord. 08-01, 7, 11-20-07; Ord. 15-05, 1, 8-12-15; Ord. No. 17-14, 5, 9-13-17)

Editor’s note–Ord. No. 81‑298, 3, adopted Aug. 18, 1981, enacted provisions designated as 28‑93(12), which provisions have been included herein as 17‑124(13).

Sec. 17‑125. “R‑P” Residential‑Professional Districts.

Within “R‑P” Residential‑Professional Districts, the following regulations shall apply:

(1) Permitted uses.The following uses only shall be permitted:

(a) Single‑family dwellings.

(b) Parish houses.

(c) Essential municipal uses.

(d) Public utilities serving the neighborhood area, excluding towers, buildings or storage areas.

(e) Gardening activities customarily incidental to single‑family dwellings.

(f) Duplex family living units

(g) Multiple-family living units

(h) Satellite dish antenna in the manner specified in section 17-111.

(i) The professional activities listed below, to the extent that they do not involve the manufacture, preparation, or sale of an article or commodity on or from within the premises except that uses accessory to the principal permitted uses shall be allowed:

(1) Accountants.

(2) Architects.

(3) Attorneys.

(4) Barber shops/beauty salons

(5) Chiropractors.

(6) Dental labs

(7) Dentists.

(8) Engineers.

(9) Existing church building.

(10)Insurance brokers.

(11)Optometrists.

(12)Osteopaths.

(13)Physicians.

(14)Real estate brokers.

(15)Consultants to the above.

(16)Professional activities similar and conforming to the standards governing the above and not more detrimental, objectionable, or annoying to the community.

(j)Community residential home (level I or level II facilities) subject to satisfying the standards set forth in section 17-115, town code.

2) Standards governing permitted uses. The following standards shall govern uses:

(a) No odor, dust, fumes, gas, smoke or other atmospheric pollutants shall be disseminated beyond the boundaries of the immediate site of the building in which the use is conducted.

(b) Noise level from operations shall be negligible. No noise or vibration resulting from or in connection with the use shall be perceptible from any part of any residence district.

(c) There shall be no glare resulting from or in connection with the use that is observable from outside the boundaries of the Residential-Professional “RP” District.

(d) The vehicular traffic resulting from or in connection with the use shall not add materially to the traffic on streets that primarily serve residence districts.

(e) The use shall not be otherwise detrimental, objectionable, or annoying to the owners or occupants of nearby property.

(2.5) Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.

(a) All uses which are not permitted uses.

(b) Vacation rentals.

(c) Bed and breakfast facilities.

(d) Medical marijuana treatment center dispensing facility.

(3) Building height limitation:

(a) The maximum height (see definition) of any building other than an accessory use shall be thirty (30) feet and the building shall not exceed two (2) stories.

(b) The maximum height permitted for an accessory use structure shall be eight (8) feet, if the use is set back at least four (4) feet from the rear and side lot lines. The maximum height permitted for an accessory use structure shall be increased one and one-half (1 1/2) feet to a maximum of fourteen (14) feet for each additional one (1) foot that the accessory structure is set back, in excess of four (4) feet, from the rear and side lot lines.

(4) Lot area. The minimum area of any lot shall be ten thousand (10,000) square feet.

(5) Lot dimensions. The minimum dimensions of any lot shall be:

(a) Depth, one hundred (100) feet.

(b) Width at building line, one hundred (100) feet.

(6) Front yards. Front yards shall be not less than twenty‑five (25) feet in depth.

(7) Side yards. Side yards shall be not less than:

(a) Interior lots, ten (10) feet in depth on each side;

(b) Where side yard of a corner lot abuts one of two (2) intersecting streets, twenty‑five (25) feet in depth on the side abutting the street and ten (10) feet in depth on the other side.

(8) Rear yards. Rear yards shall be not less than twenty (20) feet in depth.

(9) Living and professional use areas.

(a) The minimum living area of any dwelling shall be:

(1) Single‑family dwellings–1350 square feet.

(2) Duplex dwellings–800 square feet per unit.

(3) Multi‑family dwellings–800 square feet per unit.

(4) Condominiums–1000 square feet per unit.

(b) The minimum area for any professional use shall be 1000 square feet per unit.

(10) Parking spaces.

(a) All offstreet parking facilities shall meet the require­ments of section 17‑99.

(b) For professional uses, one parking space for every four hundred (400) square feet of floor area devoted to such use, excluding storage space, shall be provided.

(11) Rental use. Renting rooms shall be permitted, provided the area devoted to such use shall not exceed twenty‑five (25) percent of the total area of any dwelling unit.

(12) Signs. Section 17‑106 applies.

(13) Buffer wall.

(a) Where the property abuts property in the R‑l‑A District, R‑l‑B District, R‑2 District, or R‑3 District, a solid wall, six (6) feet high and at least six (6) inches thick, constructed of brick, block, mortar, or similar building materials, and sufficient to obstruct the view of such abutting residential property, shall be provided.

(b) The buffer wall shall parallel the length of the common boundary between the subject property located within the R-P District and the R-1-A District, R-1-B District, R-2 District, or R-3 District. The buffer wall shall be placed at the common property line of the R-P District and the R-1-A District, R-1-B District, R-2 District, or R-3 District. A wooden fence is strictly prohibited.

(c) The buffer wall shall be installed when there is a substantial improvement to the R-P zoned property. As used in this paragraph the term “substantial improvement” means:

(1)A change in the use of a major and material nature. For example, a change from a residential use to a professional office use would constitute a major and material change,

(2) Clearing of an entirely undeveloped property and making use of the property. For example – use of the property as a parking lot,

(3) Demolition of an existing principal structure and construction of a new principal structure for use as a professional office,

(4) An expansion of the floor area of an existing professional office structure by ten percent (10%) or more: or

(5) Construction of a professional office structure on undeveloped property.

(14) Ground covering. In addition to meeting the following re­quirements, a landscape plan shall be submitted to the town along with architectural plans.

(a) At least twenty percent (20%)of the parcel of land must be devoted to lawn or plants. At least half (1/2) of the minimum required landscaping must be contained in the front yard area.

(b) A landscape buffer of not less than two (2) feet wide along the side property lines shall be provided.

(15) Density. The maximum density for this zone shall be not greater than fifteen (15) units per acre.

(16) Accessory buildings, structure and uses.

(a) Accessory buildings, structures and uses customarily incidental to any use permitted by this section shall be allowed.

(b) All accessory buildings and structures located in the rear yard shall be set back not less than four (4) feet from all lot lines. On corner lots when the lot abuts two (2) intersecting streets, accessory use structures shall be set back not less than twenty-five (25) feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five (5) feet from any principal or primary permitted use.

(c) All accessory uses shall meet the requirements of section 17-91.

(17) Grading and drainage. Chapter 16.5, Article III applies.

(Code 1962, 28‑94; Ord. No 153, 1,5, 6‑19‑73; Ord. No. 154, 4, 1‑15‑74; Ord No. 197, 1, 6‑15‑76; Ord. No. 261, 6, 17, 7‑17‑79; Ord. No. 81‑298, 4, 8‑18‑81; Ord. No. 84‑344, 2, 3‑20‑84; Ord. No. 87‑4, 6, 2‑17‑87, Ord. No. 87‑9, 3, 8‑18‑87 Ord. No. 90‑13, 4, 1‑15‑91; Ord. No. 92-3, 6, 1-21-92; Ord. No. 92-4, 6, 2-18-92; Ord. No. 92-13, 6- 3-16-93; Ord. 95-9, 10, 7-18-95; Ord. 95-13, 7, 10-17-95; Ord. No. 97-9, 1, 7-1-97; Ord. No. 00-05, 1-3, 11-21-00; Ord. No. 02-04, 3, 2-18-02; Ord. No. 08-01, 8, 11-20-07, Ord. No. 15-05, 2, 8-12-15; Ord. No. 17-14, 6, 9-13-17)

Sec. 17‑126. “C” and “C‑1” Commercial Districts.

Within “C” and “C‑1” Commercial Districts, the following reg­ulations shall apply:

(1) Permitted uses. The following uses only are permitted:

(a) Air conditioning equipment (sales only).

(b) Aquariums and supplies.

(c) Architects.

(d) Arts and crafts.

(e) Attorneys.

(f) Bakeries (retail only).

(g) Banks, trust companies, savings institutions, finance companies and similar financial institu­tions.

(h) Barber shops.

(i) Beauty salons.

(j) Brokers (securities).

(k) Bridal service and gifts.

(l) Candy shops.

(m) Carpeting.

(n) China and crystal stores.

(o) Chiropractors.

(p) Clothing stores.

(q) Cocktail lounges, package stores and other establish­ments selling alcoholic beverages, excluding those op­erated in conjunction with, and/or as part of, a restau­rant, motel, hotel, club or lodge. The location shall be at least seven hundred and fifty (750) feet from any presently existing church, public school or other es­tablishment selling alcoholic beverages other than beer or wine. Distance to be determined by the route of walking on public sidewalks or right-of‑way and not direct air route, and shall be measured between the main entrances of such facilities as described herein.

(r) Decorators.

(s) Dental labs

(t) Dentists.

(u) Department stores.

(v) Doctors.

(w) Drug stores.

(x) Dry cleaners, Class IV.

(y) Dry goods stores.

(z) Electric appliances.

(aa) Electronic sales and service.

(bb) Fabric shops.

(cc) Florists.

(dd) Furniture stores.

(ee) Gift shops (personal and household).

(ff) Glassware.

(gg) Greeting cards.

(hh) Hardware stores.

(ii) Hearing aids and service.

(jj) Heating equipment (sales only).

(kk) Hobby shops.

(ll) Hosiery and lingerie.

(mm)Housewares.

(nn) Insurance offices.

(oo) Jewelry stores.

(pp) Laundries (pickup only).

(qq) Laundromats.

(rr) Massaging equipment.

(ss) Maternity wear.

(tt) Music stores.

(uu) Office supplies.

(vv) Opticians.

(ww)Optometrists.

(xx) Photo finishing and supplies.

(yy) Plastics.

(zz) Real estate.

(aaa) Restaurants (not including drive‑in, open-air, barbecue or similar establishments).

(bbb) Service stations subject to the requirements of Section 17-126(2)(i), town code.

(ccc) Shoe stores, shoe repair.

(ddd) Shopping centers.

(eee) Sportswear and sporting goods.

(fff) Stereo centers.

(ggg) Swimming pool equipment.

(hhh) Tackle, fishing and marina supplies stores.

(iii) Television sales and services.

(jjj) Ten cent stores.

(kkk) Trailer supplies.

(lll) Travel agencies.

(mmm) Commercial or professional uses which conform to the standards governing permitted uses contained in this section, and which are no more detrimental, objection­able or annoying to the welfare of the community, than the uses enumerated in this subsection.

(nnn) Drive‑through restaurant.

(ooo) Tattoo establishment.

(2) Standards governing permitted uses. The following standards shall govern new uses and changes of existing uses:

(a) No odor, dust, fumes, gas, smoke or other atmospheric pollutants shall be disseminated beyond the bound­aries of the immediate site of the building in which the use is conducted.

(b) Noise level from operations shall be negligible. No noise or vibration resulting from or in connection with the use shall be perceptible from any part of any resi­dence district.

(c) There shall be no glare resulting from or in connection with the use that is observable from outside the bound­aries of the “C” Commercial District.

(d) The vehicular traffic resulting from or in connection with the use shall not add materially to the traffic on streets that primarily serve residence districts.

(e) Every use customarily conducted within a building, except for sidewalk sales as authorized by Section 13-3, Town Code, shall be conducted in a building enclosed on all sides with permanent walls, it being the intention of this provision to prohibit open front buildings for any use except as an accessory garden structure.

(f) The use shall not be otherwise detrimental, objection­able, or annoying to the owners or occupants of nearby property.

(g) Buffer wall. Where the property abuts property in the R‑1‑A District, R‑1‑B District, R‑2 District, R‑3 or R‑P Districts, a solid wall, six (6) feet high and at least six (6) inches thick, constructed of brick, mortar or similar building mate­rials and sufficient to obstruct the view of such abut­ting residential property, shall be provided. The buffer wall shall be placed at the common property line of the C and C-1 District and the R-1-A District, R-1-B District, R-2 District, R-3 District or R-P District and shall parallel the length of the common boundary. A wooden fence is strictly prohibited.

(h) A drive‑through restaurant may only be operated if there is a minimum distance of two thousand (2,000) feet measured along the applicable street or streets center line from the nearest points of the lot bound­aries between an existing drive‑through restaurant and the proposed drive‑through restaurant.

(i) Service stations/convenience stores with gas pumps. Service stations or convenience stores with gas pumps shall be governed by the following provision:

(1) There shall be a minimum distance of seven-hundred fifty (750) feet between service stations or convenience stores with gas pumps as measured from the nearest property boundary.

(2) Minimum lot size: 40,000 square feet.

(3) Minimum floor area: 300 square feet.

(4) Setbacks for tanks: 50 feet from any lot line, 100 feet from residential zoning districts, and 100 feet from mean or ordinary high water line of the Indian River Lagoon.

(5) Tank storage must be underground.

(6) Outdoor loudspeakers are prohibited.

(3) Prohibited uses. The following uses are prohibited in both the C and C-1 districts. Merely because a use is not specifically listed does not mean that the use is not prohibited.

(a) Abattoirs and slaughterhouses.

(b) Automobile seat covers.

(c) Automotive dealers.

(d) Automotive parts and service.

(e) Automotive repair shops.

(f) Awnings, screened enclosures and cabanas.

(g) Billiard parlors, poolrooms and similar places of amusement.

(h) Boat sales, repairs and service.

(i) Bowling alleys.

(j) Bus terminals.

(k) Car wash.

(l) Cemeteries.

(m) Ceramic tile, sales and service.

(n) Commercial garages.

(o) Commercial swimming pools.

(p) Dance halls.

(q) Drive‑ins, diners, barbecue stands, open‑air restaurants and similar establishments.

(r) Dwellings.

(s) Farm supplies, feed and fertilizer.

(t) Feed distributors.

(u) Reserved.

(v) Fortunetellers, clairvoyants and similar activities.

(w) Heating equipment, installation and maintenance.

(x) Hospitals.

(y) Landscaping.

(z) Loans (short term).

(aa) Lumber companies.

(bb) Marine repairs.

(cc) Mobile homes, sales and service.

(dd) Motorcycles, sales and service.

(ee) Nurseries (landscaping).

(ff) Outboard motor service.

(gg) Outdoor amusement devices.

(hh) Outdoor business activities.

(ii) Pawnbrokers.

(jj) Pest control.

(kk) Print shops.

(ll) Septic tank supplies and service.

(mm) Sheet metal.

(nn) Reserved.

(oo) Steam laundries.

(pp) Storage or disposal of junk, rags, or other waste material.

(qq) Storage warehouses.

(rr) Tire recapping.

(ss) Tourist camps.

(tt) Undertaking establishments.

(uu) Used car lots.

(vv) Well drilling and equipment.

(ww) Yards for contractors or other construction materials or equipment.

(xx) Other uses which are as detrimental, objectionable or annoying to the welfare of the community as the uses described in this subsection.

(yy) Any enterprise which is deemed deleterious or harm­ful to the public health, safety, welfare or morals of this primarily residential town and its adult citizens and children, and which is not in accordance with prevailing contemporary community standards, taking into account federal and state statutes, Constitutional decisions, as well as the respective Constitutions them­selves; including but not limited to, by way of example only, “adult” book stores, “massage” parlors and “nudie” shows.

(zz) Vacation rentals.

(aaa) Bed and breakfast facilities.

(bbb) Medical marijuana treatment center dispensing facility.

(ccc) All uses which are not permitted uses.

(4) “C‑l” Commercial Districts. There shall be estab­lished on the zoning map of the town a commercial district designated as “C‑1” which will have the same permitted uses and be subject to the same prohibited uses as provided for “C” Commercial Districts except that such area shall be subject to the following additional prohibited uses:

(a) Liquor stores.

(b) Cocktail lounges or bars.

(c) Service stations.

(d) Laundromats.

(e) Trailer supplies.

(5) Grading and drainage.  Chapter 16.5, Article III applies.

(6) Lot area. The minimum area of any lot shall be five thousand (5,000) square feet.

(7) Side yards. No side yards are required between adjoining commercial properties; however, side yards on corner lots require a side setback of fifteen (15) feet from the side street.

(8) Setbacks.

(a) All commercial buildings on Fifth Avenue shall be set back fifteen (15) feet from the street right‑of-way lines.

(b) All buildings on lots facing or bordering on Fourth Avenue and Sixth Avenue shall be set back twenty‑five (25) feet from the street right-of‑way line.

(c) All buildings on lots facing or adjacent to residential districts shall be set back twenty‑five (25) feet from the nearest point of the residential district.

(9) Repealed.

(10) Access control.

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

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

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

(d) Any parking areas which have access to Miramar Av­enue, Fifth Avenue, or Riverside Drive shall have a curb not less than six (6) inches high nor less than six (6) inches wide separating such parking areas from such adjacent roadways and their sidewalks if any.

(11) Offstreet parking.

(a) A minimum of two (2) offstreet parking places shall be provided for the first four hundred (400) square feet per each commercial building, excluding storage space, plus one parking space for each additional four hun­dred (400) square feet of floor space, excluding storage space. Restaurants, bars, and lounges, all must have at least one space for each three (3) seats.

(b) All offstreet parking areas shall meet the require­ments of section 17‑99(b).

(12) Signs. Section 17‑106 applies.

(13) Building height limitation. The maximum height (see definition) of any building shall be thirty‑five (35) feet and the building shall not exceed three (3) stories.

(14) Architectural design.

(a) All new construction after 1 March 1972 must follow a distinctive and tasteful architectural period theme. (For example, Early American, Colonial, Mediterranean, Old English, Contemporary, etc.) The theme must be compatible with existing community architecture.

(b) Landscaping shall be five percent (5%) of total lot area. Attention must be given to provide some minimum landscaping in the front setback area.

(c) Architectural treatment compatible with period theme must be given to all storefront windows. Exposed untreated masonry or stucco walls should be avoided.

(d) Designs of signs must also be compatible with the period theme.

(e) A site plan must be submitted to and approved by the zoning board in accordance with section 17‑129.

(15) Accessory buildings and uses permitted in “C” and “C-1” districts.

(a) Satellite dish antenna in the manner specified in section 17-111.

(Code 1962, 28‑95; Ord. No. 149, 1, 3‑20‑73; Ord. No. 211, 1, 4‑19‑77; Ord. No. 234, 2, 3‑21‑78; Ord. No. 250, 1, 3‑20‑79; Ord. No. 261, 7, 7‑17‑79; Ord. No. 83‑336, 1, 2, 10‑18‑83; Ord. No. 85‑19, 1, 8‑20‑85; Ord. No. 85‑20, 1, 8‑20‑85; Ord. No. 86‑6, 8‑18‑87; Ord. No. 88‑9, 1, 6‑28‑88; Ord. No. 89‑2, 1, 3, 5, 1‑17‑89; Ord. No. 90‑13, 5, 1‑15‑91; Ord. No. 92-3, 7, 1-21-92; Ord. No. 93-4, 3, 6-15-93; Ord. No. 94-7, 5, 1-18-94; Ord. No. 00-05, 4, 11-21-00; Ord. 02-04, 4, 2-18-02; Ord. No. 08-01, 9, 11-20-07; Ord. No. 15-5, 3, 8-12-15; Ord. No. 17-14, 7, 9-14-17)

Sec. 17‑127. “T” Tourist Districts.

Within “T” Tourist Districts, the following regulations shall apply:

(1) Permitted uses. The following uses only shall be permitted, subject to prior review and approval of plans by the zoning board:

(a) Uses permitted in “R‑P” Residential‑Professional Districts.

(b) Any multiple‑living unit, hotels, motels. Hotels or motels must contain not less than ten (10) rental units.

(c) Hotels and motels of not less than ten (10) rental units are permitted to have related service activities such as restaurants or shops, provided such uses are situated on and are part of the hotel or motel building and that the sale of alcoholic beverages shall conform to the provisions of this Code. Total floor area devoted to shops operated within a hotel or motel building shall be no greater than one thousand (1,000) square feet. There shall be no more than three (3) such establishments per hotel or motel.

(d) Clubs.

(e) Lodges.

(f) Bed and breakfast facilities.

(g) Vacation rentals.

(2) Accessory buildings and uses.

(a) Accessory buildings and uses customarily inciden­tal to any use permitted by this section shall be allowed.

(b) Where a parcel of land is developed with more than one building, buildings will be spaced by at least twenty (20) feet between outside walls.

(c) All accessory buildings shall be located in the rear yard and set back not less than four (4) feet from all lot lines.

(d) Satellite dish antenna in the manner specified in section 17-111.

(2.5) Prohibited uses. The following are specifically prohibited uses. Merely because a use is not specifically listed does not mean that the use is not prohibited.

(a) All uses which are not permitted uses.

(b) Medical marijuana treatment center dispensing facility.

(3) Lot area. The minimum area of any lot shall be ten thousand (10,000) square feet.

(4) Lot dimensions. The minimum dimensions of any lot shall be:

(a) Depth, ninety (90) feet.

(b) Width, one hundred (100) feet.

(5) Front yards. Front yards shall be not less than twenty‑five (25) feet in depth.

(6) Side yards. Side yards on interior lots shall be not less than ten (10) feet in depth on each side. Side yards on corner lots shall be not less than twenty (20) feet on the street side.

(7) Rear yards. Rear yards shall be not less than fifteen (15) feet in depth.

(8) Living area. The minimum living area of any dwelling shall be:

(a) Motels–300 square feet per unit.

(b) Apartments (construction commenced or building permit issued prior to October 1, 2007) -500 square feet per unit.

(c) Condominiums/Apartments/Vacation rentals–1,000 square feet per unit.

(d) Bed and breakfast facilities — 200 square feet per dwelling room or suite, which may include a bathroom, with at least one common area for the use of guests from all dwelling rooms or suites only.

(9) Parking spaces.

(a) There shall be provided offstreet parking for each living or rental unit as designated in each of the following categories:

(1) Hotels, motels–One space per unit.

(2) Duplexes and apartment houses with rental units–One and one‑half (1 l/2) spaces per unit.

(3) Separately and/or privately owned apart­ments, triplexes, condominiums, vacation rentals, or co‑op apartments–Two (2) spaces per unit.

(4) Restaurants and lounges will be required to meet an additional parking requirement of one parking space for every five (5) seats.

(5) Bed and breakfast facility — one space per unit (dwelling room).

(b) All offstreet parking areas shall meet the require­ments of section 17‑99(b).

(10) Advertising signs. Section 17‑106 applies.

(11) Floor area ratio. The floor area ratio is defined as the gross floor area of a building on a lot or parcel, divided by the total area of the lot or parcel. The maximum floor area of buildings or structures erected after 1 April 1971 in a “T” district shall be determined by a floor area ratio of 2.0.

(12) Ground covering. In addition to meeting the following requirements, a landscape plan shall be submitted along with architectural plans.

(a) At least twenty percent (20%) of the parcel of land must be devoted to lawn or plants.

(b) A landscape buffer of not less than five (5) feet wide shall be provided between parking areas and near side lines.

(c) A landscape buffer of not less than five (5) feet wide shall be provided along front property line except for ingress and egress areas.

(13) Building height limitation. The maximum height (see def­inition) of any building shall be thirty‑five (35) feet and the building shall not exceed three (3) stories.

(14) Density. The maximum density for this district shall be not greater than twenty‑five (25) units per acre for motels and not greater than twenty (20) units per acre for all other multifamily uses.

(15) Oceanfront setbacks. All buildings must be set back not less than twenty‑five (25) feet from the bluff line or not less than fifty (50) feet of the mean high water line along the Atlantic Ocean (see section 17‑86), whichever is greater.

(16) Breezeways. A minimum thirty percent (30%) breezeway will be maintained on all property in the tourist zone. The breezeway is defined as a clear, open vertical area free of construction or buildings running from the ocean to Highway A1A . The thirty percent (30%) calculation is measured on a line parallel to Highway A1A to include the percentage of open distance (breezeway) from the building to the property lines perpendicular to Highway A1A. 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.

(17) Grading and drainage. Chapter 16.5, Article III applies.

(Code 1962, 28‑96; Ord. No. 149, 2, 3‑20‑73; Ord. No. 151, 3, 5‑1‑73; Ord. No. 153, 1, 6‑19‑73; Ord. No. 154, 1–3, 1‑15‑74: Ord. No. 261, 8, 18, 7‑17‑79; Ord. No. 87‑4, 8, 2‑17‑87; Ord. No. 87‑9, 5, 8‑18‑87; Ord. No. 90‑13, 6, 1‑15‑91; Ord. No. 92-3, 8, 1-21-92; Ord. No. 95-1, 3, 11-30-94; Ord. 03-05, 2, 3-18-03; Ord. No. 08-01, 10, 11-20-07; Ord. No. 15-5, 4, 8-12-15; Ord. No. 17-14, 8, 9-14-17)

Sec. 17‑128. CH church districts.

(a) Intent. The provisions applicable to this district are intended to apply to an area which can serve the needs of the community for public and semi-public facilities of an educational, religious, recreational, or cultural nature. Within the “CH” Church District, the regulations in this section shall apply.

(b) Permitted uses. The following uses only shall be permitted within this district:

(1) House of worship or church.

(2) Parish house.

(3) Church-related uses, such as pre-school or nursery schools and child care facilities.

(4) Recreational uses, including only open spaces, parks, and playgrounds.

(c) Accessory buildings and uses. All accessory uses shall meet the requirements of section 17-91. The following accessory uses are permitted:

(1) Satellite dish antenna in the manner specified in section 17-111.

(2) Accessory ecclesiastical buildings.

(3) Meeting rooms.

(4) Parking areas.

(5) Any other accessory use of one or more of the principal uses clearly incidental to the principal permitted use and in keeping with the character of the zoning district.

(d) Prohibited uses. The following are specifically prohibited uses.

(1) Vacation rentals.

(2) Bed and breakfast facilities.

(3) medical marijuana treatment center dispensing facility.

(4) Any use which is not specifically or provisionally permitted by this section.

(e) Building height limitation.

(1) The maximum height (see definition) of any building other than an accessory use shall be thirty-five (35) feet, and the building shall not exceed two (2) stories.

(2) The maximum height permitted for an accessory use structure shall be eight (8) feet, if the use is set back at least four (4) feet from the rear and side lot lines. The maximum permitted height for an accessory use structure shall be increased one and one-half (1 1/2) feet to a maximum of fourteen (14) feet for each additional one (1) foot that the accessory structure is set back, in excess of four (4) feet, from the rear and side lot lines.

(f) Lot area. The minimum area of any lot shall be ten thousand (10,000) square feet.

(g) Lot dimensions. The minimum dimensions of any lot shall be:

(1) Depth, one hundred (100) feet.

(2) Width at building line, one hundred (100) feet.

(h) Front yards. Front yards shall be not less than twenty-five (25) feet in depth.

(i) Side yards. Side yards shall be not less than:

(1) Interior lots, ten (10) feet in depth on each side;

(2) Where the side yard of a corner lot abuts one of two (2) intersecting streets, twenty-five (25) feet in depth on the side abutting the street and ten (10) feet in depth on the other side.

(j) Rear yards.

(1) Rear yards shall be not less than twenty (20) feet in depth.

(2) All accessory buildings shall be located in the rear yard and set back not less than four (4) feet from all lot lines. On corner lots when the lot abuts two (2) intersecting streets, accessory use structures shall be set back not less than fourteen (14) feet from any lot line abutting a street or public right-of-way. All accessory use structures shall be set back not less than five (5) feet from any principal or primary permitted use.

(k) Use areas. The minimum area for any principal permitted use shall be 1,000 square feet per unit.

(l) Parking spaces.

(1) All off-street parking facilities shall meet the requirements of sections 17-89 and 17-99, town code.

(2) For governmental uses, one parking space for every four hundred (400) square feet of floor area devoted to such use, excluding storage space, shall be provided.

(m) Signs. Signage as permitted for the CH and R-P zoning districts as set forth in section 17-106, et seq., town code, shall be permitted. All other signage is prohibited.

(n) Buffer wall.

(1) Where the property abuts property in the R-1-A District, R-1-B District, R-2 District, or R-3 District, a solid wall, six (6) feet high and at least six (6) inches thick, constructed of brick, block, mortar, or similar building materials, and sufficient to obstruct the view of such abutting residential property, shall be provided. A wooden fence is strictly prohibited.

(2) The buffer wall shall parallel the length of the common boundary between the subject property located within the “CH” District and the R-1-A District, R-1-B District, R-2 District, or R-3 District. The buffer wall shall be placed at the common property line of the “CH” District and the R-1-A District, R-1-B District, R-2 District, or R-3 District.

(3) The buffer wall shall be installed when there is a substantial improvement to the “CH” zoned property. As used in this paragraph the term “substantial improvement” means:

(A) A change in the use of an existing structure of a major and material nature. For example, a change from a residential use to a house of worship, educational, or governmental use would constitute a major and material change;

(B) Clearing of an entirely undeveloped property and using the property as a parking lot;

(C) Demolition of an existing principal structure and construction of a new principal structure for use as a house of worship or related or accessory use;

(D) A major and material renovation of an existing principal structure; provided, that the structure is to be used for educational, or house of worship purposes;

(E) An expansion of the floor area of an existing professional office structure by ten percent (10%) or more; or

(o) Ground covering. In addition to meeting the following requirements, a landscape plan shall be submitted to the town along with architectural plans.

(1) At least twenty percent (20%) of the parcel of land must be devoted to lawn or plants. At least half (1/2) of the minimum required landscaping must be contained in the front yard area.

(2) A landscape buffer of not less than two (2) feet wide along the side property lines shall be provided.

(p) Grading and drainage. Grading and drainage shall be constructed, maintained, and operated pursuant to the requirements of Chapter 16.5, Article III, town code.

(Code 1962, 28‑97; Ord. No. 162, 1, 9‑17‑74; Ord. No. 92-3, 9, 1-21-92; Ord. 99-1, 1, 1-19-99; Ord. No. 02-04, 5, 2-18-02; Ord. 08-01, 11, 11-20-07; Ord. No. 15-5, 5, 8-12-15; Ord. No. 17-14, 9, 9-13-17)

Sec. 17‑ 129. Site plan approval.

(1) Except as provided in section 6‑10 of the Code of Ordinances of the Town of Indialantic, no building permit shall be issued until a site plan has been approved by the zoning board.

(a) In reviewing such site plan the zoning board shall consider the location, size, height, spacing, appearance, character and utilization of any building, structure or use and their appurtenances, access and circulation of vehicles and pe­destrians, streets, parking area, yards and open spaces, landscaping, and relationship to adjacent property.

(b) The zoning board may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary in its judgment to effectuate the purpose of this section and carry out the spirit and purpose of the zoning ordinance.

(2) A site plan, for the purposes of this section, shall include, but not necessarily be limited to the following:

(a) Site plan with grades or contours.

(b) Elevations, floor plans and uses of all buildings and structures.

(c) Location and character of all outside utilities.

(d) All curb cuts, driveways, parking areas, loading areas, and surfacing materials of same.

(e) All pedestrian walks, malls, yards, and open spaces.

(f) Location, size, character, height and orientation of all signs.

(g) Location, height and general character of walls and fences.

(h) Location and general character of landscaped areas and the common and botanical name of all trees, shrubs, and plants, with the number and size of each category or individual item, and the proposed watering and continued care in order to maintain the landscaping in accordance with approved site plan.

(i) All buildings constructed in those areas designated as special hazard areas on the current flood hazard boundary maps published by the Department of Housing and Urban Development, Federal Insurance Administration, shall have all finished floor eleva­tions related to Coast and Geodetic Survey mean sea level datum.

(3) The zoning board shall not approve such plan unless it finds that such site plan conforms to all applicable provisions of the Town Code of Ordinances, that adequate off‑street parking and loading facilities are provided for owners, tenants, visitors, and employees, and that adequate protection and separation are provided for contiguous and nearby residential property.

(4) Modification of site plan. Any change in use of buildings, structures, land or water, or institution of new uses, or alteration of or addition to buildings or structures shall be in accordance with a new or modified site plan conforming and approved pursuant to this section.

(5) Approval not transferable; time limit. Whenever site ap­proval shall have been granted, it shall not be considered to run with the land. The site plan approval shall terminate twelve (12) months thereafter if construction has not been started. Exten­sions of up to six (6) months each may be made by the zoning board at its discretion. In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changed in any way whatsoever, before the approved construction is completed the site plan approval shall become null and void.

(Code 1962, 28‑98A; Ord. No. 217, 1, 10‑18‑77; Ord. No. 89‑11 2, 4‑18‑89; Ord. No. 07-03, 1, 12-19-06)

Sec. 17‑130. “SC” Shopping Center Districts.

Within “SC” Shopping Center Districts, the following regula­tions shall apply:

(1) Permitted uses: All uses permitted in “C” Districts.

(2) Standards governing permitted uses. The same standards as provided for in “C” Districts.

(3) Prohibited uses. The same as prohibited in “C” Districts, including but not limited to:

(a) Medical marijuana treatment center dispensing facility.

(b) All uses which are not permitted uses.  Merely because a use is not specifically listed does not mean that the use is not prohibited.

(4) Grading and drainage plans: The same as provided for in “C” Districts.

(5) Lot area. The minimum area for any “SC” zoning shall be not less than five (5) contiguous acres.

(6) Side yards. The same as in “C” Districts.

(7) Setbacks:

(a) All buildings shall be set back forty (40) feet from the principal front road right‑of‑way line.

(b) The shopping center shall have a twenty (20) foot minimum rear access road, either private or public.

(8) Buffer wall: The same as provided for in “C” Districts. Buffer area shall not include area fronting on a principal road.

(9) Access control. The same as provided for in “C” Districts.

(10) Offstreet parking. The surface of the offstreet parking areas shall be covered with a hard‑surface coating such as asphalt or concrete. All offstreet parking facilities shall meet all other re­quirements of section 17‑99(b).

(11) Signs. Paragraphs (1), (2), (3) and (4)(a) of section 17‑106 apply. Paragraph (4)(g)(1) of section 17‑106 also applies, with the words “. . . nor shall any sign exceed the height of the roof line.” added to the end thereof.

(a) Signs attached to or painted on the windows and doors of the individual businesses will not exceed twenty‑five percent (25%) of total door or window area.

(b) One detached sign will be 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 for the sign shall not exceed thirty (30) feet in height and twenty (20) feet in width.

(c) Signs overhanging sidewalks or walkways will not be so long as to extend beyond the roof overhang and of sufficient height to preclude any hazard to pedestri­ans.

(12) Accessory buildings and uses.

(a) Satellite dish antenna in the manner specified in section 17-111.

(Code 1962, 28‑98; Ord. No. 221, 1, 1‑17‑78; Ord. No. 87‑9, 6, 8‑18‑87; Ord. No. 90‑13 7, 1‑15‑91; Ord. No. 92-3, 10, 1-21-92; Ord. No. 17-14, 10, 9-13-17)

Sec. 17‑131. C‑2 commercial districts.

Within C‑2 commercial districts, the following regulations shall apply:

(1) Permitted uses. The following uses only are permitted:

(a) Accountants.

(b) Architects.

(c) Attorneys.

(d) Aquariums and supplies.

(e) Arts and crafts.

(f) Bakeries (retail only).

(g) Beach equipment rentals.

(h) Candy shops.

(i) China and crystal stores.

(i) Clothing stores.

(k) Cocktail lounges and bars in conjunction with a restaurant wherein the primary business shall be the service of food. The location shall be at least seven hundred and fifty (750) feet from any presently existing church or public school. Distance to be determined by the route of walking on public sidewalks or right‑of‑way and not direct air route, and shall be measured between the main entrances of such facilities as described herein.

(l) Decorators.

(m) Dentists.

(n) Department stores.

(o) Drive‑through restaurants.

(p) Drug stores.

(q) Dry goods stores.

(r) Reserved.

(s) Fabric shops.

(t) Florists.

(u) Gift shops (personal and household).

(v) Greeting cards.

(w) Hobby shops.

(x) Hosiery and lingerie.

(y) Housewares.

(z) Ice cream and yogurt shops.

(aa) Insurance offices.

(bb) Jewelry stores.

(cc) Maternity wear.

(dd) Music stores.

(ee) Opticians.

(ff) Optometrists.

(gg) Photo finishing and supplies.

(hh) Physicians.

(ii) Real estate brokers.

(jj) Restaurants (not including drive‑in, open‑air, barbecue or similar establishments).

(kk) Sandwich shops.

(ll) Shoe stores.

(mm) Sportswear and sporting goods.

(nn) Travel agencies.

(oo) Commercial or professional uses which conform to the stand­ards governing permitted uses contained in this section, and which are no more detrimental, objectionable or an­noying to the welfare of the community, than the uses enumerated in this subsection.

(2) Standards governing permitted uses. The following stand­ards shall govern new uses and changes of existing uses:

(a) No odor, dust, fumes, gas, smoke or other atmospheric pollutants shall be disseminated beyond the boundaries of the immediate site of the building in which the use is conducted.

(b) Noise level from all operations shall be negligible. No noise or vibration resulting from or in connection with the use shall be perceptible from any part of any residential district.

(c) There shall be no glare resulting from or in connection with the use that is observable from outside the bound­aries of the C‑2 commercial district.

(d) The vehicular traffic resulting from or in connection with the use shall not add materially to the traffic on the streets that primarily serve residence districts.

(e) Every use customarily conducted within a building shall be conducted in a building enclosed on all sides with per­manent walls, except for sidewalk sales as authorized by Section 13-3, Town Code.

(f) The use shall not be otherwise detrimental, objectionable, or annoying to the owners or occupants of nearby property.

(g) Buffer wall. Where the property abuts property in the R‑1‑A district, R‑1‑B district, R‑2 district, R‑3 district or R‑P districts, a solid wall, six (6) feet high and at least six (6) inches thick, constructed of brick, mortar or similar building materials and sufficient to obstruct the view of such abutting residential property, shall be provided. The buffer wall shall be placed at the common property line of the R-1-A District, R-1-B District, R-2 District, R-3 District or R-P District. A wooden fence is strictly prohibited.

(h) A drive‑through restaurant may only be operated if there is a minimum distance of two thousand (2,000) feet, measured along the applicable street or streets centerline(s) from the nearest points of the lot boundaries between an existing drive‑through restaurant and the proposed drive-through restaurant.

(3) Prohibited uses. The following uses are prohibited:

(a) Abattoirs and slaughterhouses.

(b) Air conditioning equipment sales and service.

(c) Automobile seat covers.

(d) Automotive dealers.

(e) Automotive parts and service.

(f) Awnings, screened porches and enclosures.

(g) Banks.

(h) Barber shops.

(i) Beauty shops.

(j) Billiard parlors, poolrooms and similar places of amusement.

(k) Boat sales, repairs and service.

(1) Bowling alleys.

(m)Bridal service and gifts.

(n) Brokers.

(o) Bus terminals.

(p) Carpeting.

(q) Car wash.

(r) Cemeteries.

(s) Ceramic tile, sales and service.

(t) Churches.

(u) Cocktail lounges, package stores and other establishments selling alcoholic beverages, excluding those operated in conjunction with, and/or as part of, a restaurant.

(v) Commercial garages.

(w)Commercial swimming pools.

(x) Convenience stores.

(y) Dance halls.

(z) Drive‑in restaurants, barbecue stands, open‑air restaurants and similar establishments.

(aa) Dry cleaners.

(bb) Dwellings

(cc) Electrical appliances.

(dd)Electronics sales and service.

(ee) Farm supplies, feed and fertilizer.

(ff) Feed distributors.

(gg) Fishing bait (live).

(hh) Fortunetellers, clairvoyants and similar activities.

(ii) Furniture stores.

(jj) Glassware.

(kk)Hardware stores.

(ll) Hearing aids and service.

(mm)Heating equipment.

(nn) Hospitals.

(oo) Hotels, motels and lodges.

(pp) Landscaping.

(qq) Laundries and laundromats.

(rr)Loan offices.

(ss)Lumber companies.

(tt) Massage equipment.

(uu) Marine repairs.

(uu.1) Medical marijuana treatment center dispensing facility.

(vv) Mobile homes, sales and service.

(ww)Motorcycles, sales and service.

(xx) Nurseries (landscaping).

(yy) Outboard motor service.

(zz) Outdoor amusement devices.

(aaa) Outdoor business activities.

(bbb) Pawnbrokers.

(ccc) Pest control.

(ddd) Plastics manufacturing and/or distribution.

(eee) Print shops.

(fff) Septic tank supplies and service.

(ggg) Service stations.

(hhh) Shopping centers.

(iii) Steam laundries.

(jjj) Stereo centers.

(kkk) Storage or disposal of junk, rags, or other waste material.

(lll) Storage warehouses.

(mmm) Swimming pools.

(nnn) Television sales and services.

(ooo) Ten cent stores.

(ppp) Tire recapping.

(qqq) Tourist camps.

(rrr) Undertaking establishments.

(sss) Used car lots.

(ttt) Well drilling and equipment.

(uuu) Yards for contractors or other construction materials and equipment.

(vvv) Other uses which are as detrimental, objectionable or an­noying to the welfare of the community as the uses de­scribed in this subsection.

(www) Any use which is deemed deleterious or harmful to the public health, safety, welfare or morals of this primarily residential town and its adult citizens and children, and which is not in accordance with prevailing contemporary community standards, taking into account federal and state statutes, constitutional decisions, as well as the respective constitutions themselves; including but not limited to, by way of example only, “adult” book stores, “massage” par­lors and “nudie” shows.

(xxx) Vacation rentals.

(yyy) Bed and breakfast facilities.

(zzz) All uses which are not permitted uses.

(4) Grading and drainage plans. Chapter 16.5, Article III applies.

(5) Lot area. The minimum area of any lot shall be five thou­sand (5,000) square feet.

(6) Side yards. No side yards are required between adjoining commercial properties; however, side yards on corner lots require a side setback of fifteen (15) feet from the side street.

(7) Setbacks:

(a) All commercial buildings on Fifth Avenue shall be set back fifteen (15) feet from the right‑of‑way line.

(b) All building on lots facing or bordering on either Fourth Avenue or Sixth Avenue shall be set back twenty‑five (25) feet from the right‑of‑way line.

(c) All buildings on lots facing or adjacent to residential districts shall be set back twenty‑five (25) feet from the nearest point of the residential district.

(8) Access control.

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

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

(c) No curbs on town streets or rights‑of‑way shall be cut or altered without a permit issued by the public works director.

(d) Parking areas located entirely upon private property shall have a curb not less than six (6) inches high and not less than six (6) inches wide separating such parking area from the adjacent sidewalk or roadway.

(9) Parking.

(a) Each business identity in this C‑2 district must maintain, as the required minimum of offstreet parking spaces, the following:

1. A minimum of two (2) offstreet parking spaces shall be provided for the first five hundred (500) square feet per each commercial building, excluding storage space, plus one parking space for each additional five hundred (500) square feet of floor space, excluding storage space. Res­taurants, bars, and lounges must have at least one space for each four (4) seats.

2. All offstreet parking facilities shall meet the require­ments of section 17‑99(b).

(b) Notwithstanding anything to the contrary hereinabove, those establishments in existence as of March 1,1986 within this district, which are only permitted as a result of Article IX of Chapter 17, Indialantic Code of Ordinances entitled Nonconforming Uses (or their successors in interest), may continue in business so long as the provisions of said Arti­cle IX (with the exception of the deadlines imposed by section 17‑159 which are hereby repealed as to said busi­nesses) are otherwise complied with in all respects.

(c) The following lots are in the above category and each and every one of the said lots must continue (subject to the provisions of subsection (d) herein below) to maintain the listed number of off‑street parking spaces as well:

Minimum

Block Number:                    Lot(s) Numbered:                             Number of Spaces

37                                                       12                                                            4

37                                                  13, 14, 15, 16                                        18

38                                                         1,2                                                      11

38                                                  3, 24, 25, 26                                          27

38                                                       4,5                                                        10

38                                                6, 7, 22, 23                                              19

38                                                     27,28                                                    15

(d) Should any of the above buildings situated on the lots, or the lots themselves, come under the provisions of the afore­mentioned Article IX, sections 17‑158 through 17‑165 with the exception of section 17‑159, as aforesaid, thereby re­quiring conformity with the Code as per section 17‑157, then all requirements of this district must be complied with in all respects because subsection (b) would no longer be applicable to the situation.

(e) All on‑street parking within the district shall be metered except for the handicap, expressly repealing ordinance 82‑316.

(10) Signs. Section 17‑106 applies.

(11) Building height limitation. The maximum height (see def­inition: Height, building) of any building shall be thirty‑five (35) feet and the building shall not exceed three (3) stories.

(12) Landscaping. Landscaping shall be five (5) percent of the total lot area. Attention must be given to provide attractive landscaping in any setback area visible from public right‑of‑way.

(13) Site plan. A site plan must be submitted to and approved by the zoning and planning board in accordance with section 17‑129 of the Code of Ordinances.

(14)Accessory buildings and uses.

(a) Satellite dish antenna in the manner specified in section 17-111.

(Ord. No. 86‑11, 1, 4‑15‑86; Ord. No. 87‑4, 9, 2‑17‑87, Ord. No. 87‑9, 7, 8‑18‑87; Ord. No. 89‑2, 2, 4, 6, 1‑17‑89; Ord No. 90‑13, 8, 1‑15‑91; Ord. No. 92-3, 11, 1-21-92; Ord. No. 94-7, 6, 1-18-94; Ord. No. 02-04, 7, 2-18-02; Ord. No. 05-08, 1, 2, 3-15-05; Ord. 08-01, 13, 11-20-07; Ord. No. 15-5, 6, 8-12-15; Ord. No. 17-14, 11, 9-13-17)

Sec. 17‑132. Outdoor cafes.

Notwithstanding the prohibitions set out in Sections 17‑126(2)(e), 17‑126(3)(q), and any other conflicting provisions of the Indialantic Code of Ordinances, a business properly operating an enclosed restaurant may operate a contigu­ous outdoor cafe, providing the following requirements are met:

(1) Such outdoor cafe must adhere to the following codes and regulations:

(a) All town, county and state health regulations;

(b) The Fire Prevention and Life Safety Codes adopted by the town;

(c) Building and construction codes of Indialantic, and

(d) The Indialantic Zoning Code.

(2) Only contiguous property leased or owned by the restau­rant may be used for outdoor cafe seating. Such property must be adjacent to the licensed establishment.

(3) Alcoholic beverages may be served only when all the fol­lowing requirements are met:

(a) The restaurant operating the outdoor cafe possesses a valid alcohol license for such restaurant and outdoor cafe service;

(b) Any additional licenses required by state or county law for such outdoor cafe are secured; and

(c) The regulations set out in Chapter 3 of this Code are followed.

(4) Inspection and approval from the fire department as well as the building department is required prior to opening such outdoor cafe for business, and required periodically thereafter.

(5) A minimum of fifteen (15) square feet per seat shall be required; however, in no case shall the maximum number of outdoor seats exceed fifty percent (50%) of the total number of indoor seats.

(6)(a) Outdoor seating is allowed from 7:00 a.m. to 10:00 p.m. only, except as provided in (6)(b).

(6)(b) Outdoor seating is allowed Monday through Thursday from 7:00 a.m. until 12:30 a.m. the following day – Friday and Saturday from 7:00 a.m. until 1:30 a.m. the following day – on Sunday from 7:00 a.m. until 11:30 p.m. – for those outdoor cafes that are situated in the “C” or “C-1” district and all sides of the outdoor café abut “C” or “C-1” district property.

(6)(b)(1) Permission may be granted by the Town Manager at his discretion to extend the hours that outdoor seating is allowed on special occasions, providing that request for such permission is made at least forty-eight (48) hours in advance.

(7) No candles nor any other nonelectrical illumination device are permitted in outdoor cafe areas in which any flamma­ble overhead cover is used.

(8) Outdoor lighting shall not be neon or garish, shall not alternate on and off, and shall be of sufficient intensity to provide safe movement. All outdoor lighting shall be prop­erly guarded and directed so as not to shine on traffic or other property in a disturbing or unsafe way.

(9) The atmosphere pollutant standards set out in section 17‑126(2)(a) and (b) shall be the responsibility of the proprietor to enforce.

(10) No music, public address system, or outdoor entertainment is allowed.

(11) At any part of a ground floor outdoor cafe not blocked by a building, there shall be maintained or constructed a fence, not less than three (3) feet high surrounding the outdoor cafe area subject to the following provisions:

(a) Maximum overall height of the fence shall not exceed four (4) feet except by an additional six (6) inches for caps, finials or top of posts; the supporting structure side of all fences shall face to the interior of the fenced property.

(b) Fence construction must provide at least 50% visibility.

(c) Fence must have a bottom rail a maximum of two (2) inches above the ground, floor surface or deck.

(d) Fence must be constructed from rot- and termite-resistant wood; or wood which has been chemically treated to resist rot and termites; ornamental iron, steel or aluminum; concrete or masonry wood, metal, masonry materials, tempered glass, or polycarbonate resin (i.e. Lexan®). PVC or chain link fence materials are prohibited. Other non-prohibited materials may be considered by the Zoning & Planning Board.

(e) Hedges are not permitted to be used as the required outdoor café fence.

(f) Fence construction and color must be compatible with the principal building color scheme.

(g) Fence may have openings to allow ingress/egress of patrons.

(h) Such fence shall be set back no less than three (3) feet from the boundary line of the property.

(i) Such fence shall be measured from the floor surface of the deck on the outdoor café side of the fence.

(12) No preparation of food whatsoever shall take place in the outdoor cafe area.

(13) Provisions for parking shall be in accordance with the requirements of section 17‑126(11), except in the C‑2 dis­trict, where parking shall be in accordance with section 17‑131(9)(c), as amended from time to time.

(14) During its normal business hours, the cafe property and adjacent property within a radius of three hundred (300) feet free shall be kept free of debris resulting from the operation of the restaurant.

(Ord. No. 86‑17, 1, 8‑19‑86; Ord. No. 90‑16, 1, 9‑18‑90; Ord. No. 02-12, 1, 6-18-02; Ord. No. 03-12, 1, 10-21-03; Ord. No. 05-1, 1, 12-16-04; Ord. No. 05-07, 1, 1-18-05; Ord. No. 05-09, 1, 4-19-05; Ord. No. 05-10, 1, 4-19-05; Ord. No. 06-07, 1, 3-21-06; Ord. No. 09-08, 1, 3-17-09)

Secs. 17‑133.  Medical marijuana treatment centers; public or private elementary, middle, or secondary schools.

(a) All medical marijuana treatment centers or medical marijuana treatment center dispensing facilities, as described in s. 381.986, Florida Statutes, must comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code.

(b) At such time as the preemption to the State of Florida on local government regulation of medical marijuana treatment center cultivating or processing facilities is repealed, no medical marijuana treatment center cultivating or processing facilities may be located in the town.

(c) Medical marijuana treatment centers.  A medical marijuana treatment center may not be located within five hundred (500) fee of the real property that comprises a public or private elementary school, middle school, or secondary school.  See s. 381.986(11)(a), Florida Statutes.  The distance for determining the minimum distance separation shall be measured by following a straight line from the outer property line of the location at which the medical marijuana treatment center is proposed to be located to the nearest outer property line of a public or private elementary, middle, or secondary school.

(d) Schools.  The location of a proposed public or private elementary school, middle school, or secondary school shall be at least five hundred (500) feet from any presently existing medical marijuana treatment center.  The distance for determining the minimum distance separation shall be measured by following a straight line from the outer property line of the location at which the medical marijuana treatment center is located to the nearest outer property line of the proposed location of the public or private elementary, middle, or secondary school.

(Ord. No. 17-14, 12, 9-13-17)

Secs. 17-134–17‑140. Reserved.