(a) Intent. The provisions of this district are intended to apply on centrally located areas adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to provide limited business activities serving the needs of residential neighborhoods. Uses should reflect an atmosphere of providing basic consumer needs of the residential community.
(b) Principal uses and structures. The following uses and structures are permitted for any use or group of uses that are developed, either separately or as a unit with certain site improvements shared in common:
(1) Retail stores, sales and display rooms, including places where goods are produced and sold at retail on the premises.
(2) Personal service establishments such as barber and beauty shops, laundry, and dry- cleaning pickup stations, and tailor shops.
(3) Professional offices, studios, clinics, general offices, and business schools.
(4) Banks and financial institutions.
(5) Educational and cultural institutions.
(6) Public and private parking lots.
(7) Governmental and municipal buildings and public recreation areas.
(c) Accessory uses and structures: Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use and in keeping with the low-density commercial character of the District.
(d) Special exceptions:
(1) Bar/lounge.
(2) Houses of worship. A house of worship must have a maximum of 150 seats in the main assembly area. The main assembly area must include side rooms and areas that can convert into part of main assembly room.
(3) Bed and breakfast inns. To be permitted, a bed and breakfast inn must meet the provisions of § 7A-152(c)(2) and (3) of this code and the following requirement: If the facility proposed to be a bed and breakfast inn is an existing structure(s), the architectural features must be preserved. A rendering of the elevation must be submitted by the applicant and shall be attached to the special exception approval to assure future preservation of the architectural features.
(4) Restaurant, subject to the following conditions:
a. At least 51% of the total gross revenues must come on a bi-monthly basis from the retail sale on the premises of food and non-alcoholic beverages. Proceeds of catering sales are not to be included in the calculation of the total gross revenues. "Catering sales" include food or non-alcoholic beverage sales prepared by the restaurant owner/operator on the premises for service by the owner/operator outside the restaurant premises.
b. For restaurants that serve any alcoholic beverages, the restaurant owner/operator is required upon request by the Town Manager, a Town code enforcement officer, or any Town law enforcement officer to "open the restaurant's records" to substantiate that 51% or more of the total gross revenues reported on a bi-monthly basis is derived from the sale of food and non-alcoholic beverages, exclusive of revenues derived from catering. The restaurant owner/operator has the burden of proof of compliance with the requirements that 51% or more of the total gross revenues reported on a bi-monthly basis is derived from the sale of food and non-alcoholic beverages, exclusive of revenues derived from catering. Failure to substantiate or prove compliance with this requirement results in the rebuttable presumption that the restaurant is in actuality a bar or lounge.
1. For restaurants that serve any alcoholic beverages to qualify as a restaurant pursuant to this code, the restaurant must maintain separate records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases and gross retail sales of alcoholic beverages. The records required in this subparagraph must be maintained on the premises of the restaurant, or such other designated place approved in writing by the Town Manager for a period of three years after the month of sale. The Town Manager will approve written requests to maintain the aforementioned records off the premises when the place to be designated is the restaurant's business office, open eight hours per work day, of a corporate officer, attorney, or accountant; the place to be designated is located in Brevard County; and the place to be designated is precisely identified by complete mailing address not using a post office box. A failure to keep the foregoing sale records creates a presumption that the restaurant is operating as a bar/lounge.
2. Since the burden is on the holder of the "restaurant" zoning designation to demonstrate compliance with the foregoing requirements of the designation as restaurant, the records required to be kept must be legible, clear, and in the English language, and must be made available within 14 days upon demand by the Town Manager, a code enforcement officer of the Town or Town law enforcement.
c. The required percentage must be computed by adding all gross sales of food, non-alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the total of the gross sales of food plus non-alcoholic beverages.
(e) Prohibited uses:
(1) Drive-in, drive-up, drive through, or any other similar feature that provides for receipt of goods, services, food, money or information by a consumer while seated in a motor vehicle.
(2) Facility or base for mobile marijuana dispensary.
(3) Grow house.
(4) Marijuana dispensary.
(5) All other uses not specifically or provisionally permitted herein.
(f) Lot and principal structures, sizes, and setbacks:
(1) Minimum lot area, 9,000 square feet.
(2) Minimum lot width, 60 feet (at front building line).
(3) Minimum lot depth, 150 feet.
(4) Maximum lot coverage, 50%.
(5) Minimum floor area, 300 square feet.
(6) Maximum height, 35 feet.
(7) Minimum yard requirements:
a. Front setback, 25 feet from lot line.
b. Side interior lot setback, none; provided a public access is available to the rear of the lot for trash removal and fire protection. Otherwise, a minimum side setback of 15 feet on one side of the structure is required.
c. Side corner lot setback, 20 feet from lot line.
d. Rear setback, 20 feet from lot line, except 25 feet when abutting a residential area, and 15 feet when abutting an alley.
e. Ocean setback. No building or structure shall be constructed on oceanfront property within the Town boundaries seaward of the coastal setback line established pursuant to Chapter 5A. In addition to the structures permitted in Chapter 5A, beach access shall be permitted by an elevated boardwalk supported on pilings with appropriate steps.
(g) Sidewalk and parking lots: Sidewalks and parking lots shall be constructed and maintained by the owner along the public streets or highways abutting any developments in this District.
(i) Where a lot is developed for commercial use and the rear or side yard abuts a lot developed as a single-family, detached residential dwelling, or abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a masonry wall six (6) feet in height must be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall must be erected and maintained by and at the expense of the owner of the 6-B zoned property. The wall must be constructed as follows:
(1) Materials. Walls must be constructed of long-lasting, durable masonry materials, such as precast or poured concrete or concrete block. Walls of sheet, link or corrugated, iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire must not be constructed or placed on top of a wall or used as part of a wall.
(A) Dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance. Plain concrete walls are not permitted.
(B) To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.
(2) The six (6) foot wall must extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the wall must be no higher than four (4) feet.
(3) The wall must comply with all Town code requirements for vision clearance at corners and curb lots.
(4) Maintenance. Walls must be continuously maintained on both sides of the wall at no more than their maximum allowed height at the expense of and by the owner and occupant of the property within the 6-B zoning district in an orderly, non-deteriorating, and good condition free of graffiti, peeling or blistering paint or materials, broken or missing sections or posts, broken concrete block masonry, and the like.
(5) With regard to lots that were granted a special exception for an eating and drinking establishment, on or before April 1, 2013, a masonry wall meeting the foregoing requirements must be constructed by and at the expense of the property owner of the 6-B zoned property when the use of the property is changed to a restaurant or the pre-existing eating and drinking establishment use is substantially redeveloped. For the purposes of this sub-paragraph, the following definitions apply:
(A) "Change of use" means a change from the use existing to any other use.
(B) "Substantially redeveloped" means any increase in size, square footage, height, coverage or intensity of the use or any structure associated with the use, or the replacement or renovation the cost of which represents greater than 30% of the assessed value of the structures on the property as recorded in the most recent records of the property appraiser.
(`75 Code, Appendix A, Art. VI, § 6) (Ord. passed 9-26-72; Am. Ord. 74-3, passed 9-24-74; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2003-04, adopted 12-17-03; Am. Ord. 2-2005, adopted 7-20-05; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2008-08, adopted 9-3-08; Am. Ord. 2009-03, adopted 4-15-09; Am. Ord. 2013-02, adopted 5-15-13; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2018-03, adopted 8-15-18)