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Melbourne Beach Overview
Melbourne Beach, Florida
TOWN OF MELBOURNE BEACH, FLORIDA CODE OF ORDINANCES
Charter
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 10: TOWN OFFICIALS
CHAPTER 11: DEPARTMENTS, BOARDS AND COMMISSIONS
CHAPTER 12: TOWN EMPLOYEES
CHAPTER 13: ELECTIONS
CHAPTER 14: TAXATION
CHAPTER 15: TOWN BUDGET
CHAPTER 16: CIVIL EMERGENCIES AND HURRICANES
CHAPTER 19: CABLE TELEVISION CODE
CHAPTER 27: STORMWATER
CHAPTER 30: TRAFFIC CODE
CHAPTER 35: ANIMALS
CHAPTER 40: BEACHES AND WATERWAYS
CHAPTER 45: FIRE PREVENTION
CHAPTER 46: JUNK AND ABANDONED VEHICLES
CHAPTER 47: LITTER AND SOLID WASTE DISPOSAL
CHAPTER 48: NOISE CONTROL
CHAPTER 49: NUISANCES
CHAPTER 50: STREETS AND SIDEWALKS
CHAPTER 51: GARAGE SALES
CHAPTER 52: SPECIAL EVENTS
CHAPTER 53: POSSESSION, CONSUMPTION OR SALE OF ALCOHOLIC BEVERAGES IN PARKS
CHAPTER 60: ALCOHOLIC BEVERAGES, GENERALLY
CHAPTER 61: NUDE OR NEARLY NUDE ACTIVITIES
CHAPTER 65: LOCAL BUSINESS TAX
CHAPTER 66: PARADES AND PICKETING
CHAPTER 70: PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS
CHAPTER 73: GENERAL OFFENSES
CHAPTER 74: VACATION RENTALS
CHAPTER 75: HAZARDOUS MATERIALS INCIDENTS COST RECOVERY
APPENDIX “A” LAND DEVELOPMENT CODE
CHAPTER 1A: LAND DEVELOPMENT CODE
CHAPTER 2A: COMPREHENSIVE PLAN
CHAPTER 3A: CONCURRENCY
CHAPTER 4A: BUILDINGS; FLOOD PROTECTION; COASTAL CONSTRUCTION
CHAPTER 5A: COASTAL SETBACK REGULATIONS
CHAPTER 6A: SUBDIVISION
CHAPTER 7A: ZONING
ARTICLE I. GENERAL PROVISIONS
ARTICLE II. DISTRICTS AND BOUNDARIES
ARTICLE III. ZONING DISTRICTS
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
ARTICLE V. NONCONFORMING USES
ARTICLE VI. AMENDMENTS
ARTICLE VII. SCHEDULE OF FEES, CHARGES AND EXPENSES
ARTICLE VIII. PLANNING AND ZONING BOARD
ARTICLE IX. BOARD OF ADJUSTMENT
ARTICLE X. ADMINISTRATION AND ENFORCEMENT
CHAPTER 8A: PRESERVATION OF VESTED RIGHTS; TAKINGS; DUE PROCESS
CHAPTER 9A: LANDSCAPING AND TREES
CHAPTER 10A: RESERVED
CHAPTER 11A: ENVIRONMENTALLY SENSITIVE LANDS
PARALLEL REFERENCES
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§ 7A-40. CHURCHES, TEMPLES, PLACES OF WORSHIP, LIBRARIES, MUSEUMS AND SCHOOLS IN RESIDENTIAL DISTRICT.
   (a)   All churches, temples, places of worship, libraries, museums and schools existing in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district and in existence on the effective date of this section (April 25, 1990), shall be regarded as conforming uses. However, no church, temple, place of worship, library, museum or school existing in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district and in existence on the effective date may expand beyond the lot lines and existing parcel on which said church, temple, place of worship, library, museum or school in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district existed on the effective date; provided, further, that no separate platted lot (or lots) in the 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning districts which is unimproved on December 13, 1989 may be used for expansion of such use or structure.
   (b)   Nothing in this section shall be deemed to preclude the future expansion or reconstruction of improvements on the existing lot or parcel of any church, temple, place of worship, library, museum, or school located in a 1-RS, 2-RS, 3-RS, 4-RM, or 5-RMO zoning district and in existence on the effective date of this section, if a site plan for such expansion or reconstruction is duly approved by the Town using the procedures and criteria otherwise generally established in the Town Code of Ordinances for approval of site plans; provided, however, that no separate platted lot (or lots) in the 1-RS, 2-RS, 3-RS, 4-RM, or 5-RMO zoning districts which are unimproved on December 13, 1989 may be used for expansion of such use or structure. Spires and steeples may be reconstructed to their originally approved height in the event of destruction, structural deterioration, or other circumstances requiring replacement.
   (c)   The term IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION, as used in this section, shall include all churches, temples, places of worship, libraries, museums and schools in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district:
      (1)   That were approved special exceptions on the effective date of this section;
      (2)   That were constructed in said zoning districts and existing prior to the existence of zoning in the Town of Melbourne Beach but which had not been expanded since the inception of zoning; or
      (3)   That were subject to an application for a special exception or expansion of a special exception filed and pending consideration before the Board of Adjustment on or before December 13, 1989 and for which the Board of Adjustment had not issued a final determination on said application on or before the effective date of this section.
(Ord. 90-04, passed 4-25-90; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2017-05, adopted 12-20-17)
§§ 7A-41. – 7A-49. RESERVED.
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
§ 7A-50. OFF-STREET PARKING.
   (a)   Minimum requirements. In the interest of the health, safety and welfare of the general public and in the promotion and preservation of traffic safety, all buildings, structures and uses shall be provided with adequate off-street parking and off- street loading facilities in accordance with the parking and loading requirements of this section. Off-street parking and off-street loading areas shall be maintained to be structurally sound and neat and orderly in appearance and continued as part of the primary use of the site.
   If the gross floor area of the principal structure on the site is expanded or enlarged, or if the use on the site is changed to one which would require a larger number of parking spaces than the previous use, then off-street parking serving the site shall be increased by the number of additional parking spaces required by the new use. Deficiencies in the number of required parking spaces shall not be increased. If an existing deficiency is maintains or reduced then the change of use may be approved.
   Parking space computation shall be based on the gross floor area unless otherwise stipulated in the Land Development Code.
   The minimum off-street parking spaces shall be provided in accordance with the following:
      (1)   Business, Office, Professional Office, Financial, Medical, Dental, Clinic, or retail uses. One space per 200 square feet of gross floor area or fraction thereof.
      (2)   Barbershops and beauty parlors. One space per 100 square feet of gross floor area or fraction thereof.
      (3)   Churches, temples or places of worship. One space for each three seats or seating places, or one space for each 150 square feet of gross floor area, or fraction thereof, of the main assembly hall, whichever is greater, based on maximum occupancy as determined by the fire marshal.
      (4)   Libraries, museums. One space for each 300 square feet of gross floor area, or fraction thereof, that is open to the public.
      (5)   Multi-family dwelling units. Two parking spaces per unit must be provided. At least one of these spaces must be fully enclosed.
      (6)   Restaurants, lounges, and other eating or drinking establishments. One space per 75 feet of gross floor area devoted to customer service.
      (7)   Single-family dwelling units. Enclosed parking space must be provided for at least two vehicles.
      (8)   Vocational, trade, and academic schools above ninth grade level: One space for every two students (computed on total student capacity as determined by the fire marshal and/or the State of Florida).
      (9)   Schools ninth grade level and below: one and 1/2 spaces for each classroom.
      (10)   Daycare/nurseries: one and one half spaces for each employee based on the number of employees determined by State licensing agency to be present when operating at full capacity.
      (11)   Bed and breakfast inns. One on-site parking space per guestroom and an additional two on-site parking spaces for the resident manager/innkeeper.
      (12)   Drug stores and pharmacies. One space for each 200 square feet of gross floor area or fraction thereof.
      (13)   Parking requirements for uses not specifically listed shall be determined by the Building Official based on the most similar use listed which is most similar in the number of automobile trips generated as computed using the most recent edition of the I.T.E. Trip Generation Manual.
   (b)   Location and design of off-street parking spaces for other than single-family residential dwellings and duplex residential structures.
      (1)   Parking spaces shall be located on the same property with the principal structure and use to be served, unless otherwise authorized by the Town Commission. Off-site parking may be authorized in the following instances:
         a.   Insufficient parking is available on the property containing the principal structure.
         b.   The off-site parking area is located a maximum of 300 feet to the property line as measured along a straight line from the closest point of each property to one another.
         c.   Compliance with all other applicable parking regulations are complied with.
         d.   No public right-of-way or other public property shall be used to meet the parking requirements.
      (2)   Sufficient on site space shall be provided to ensure for ingress and egress to parking spaces and internal traffic circulation.
         a.   Minimum design standards. Minimum dimensions of parking spaces shall be ten
feet (10') by twenty feet (20'). When a curb stop or curbing is used as a wheel stop for head-in parking, the twenty foot (20') dimension may be eighteen feet (18') of paving from the curb stop plus a two foot (2') overhang area. The overhang area shall not be counted as buffering or landscaping area to meet minimum landscape requirements.
         b.   Minimum ingress/egress. Parking areas shall have parking spaces meeting the standards set forth in subparagraph (2)a. above, and shall meet the following standards with regard to driveways or aisles through a parking lot.
      (3)   Required off-street parking areas for three or more automobiles shall have individual spaces marked and shall be so designed, maintained, and regulated in such a manner that no parking or maneuvering incidental to parking shall be on any public right-of-way, public street, walk, or alley, and so that any automobile may access and exit from the parking space without moving another automobile.
   (c)   Additional regulations.
      (1)   No truck over ¾-ton, trailer, major recreational equipment, travel van, boat or similar object may be parked in front of the front building line of a residence unless it is not visible from the street.
      (2)   Handicapped parking space requirements. Handicapped parking spaces shall be posted as per the Federal Highway Administration Uniform Traffic Code. The required number of handicapped parking spaces and design shall be as required by Florida Statutes.
   (d)   Off-street loading requirements. Loading space dimensions: length, 45 feet; width, 14 feet; and height, 14 feet. Sufficient maneuvering area shall be provided where it is anticipated that trucks or trailers exceeding 45 feet in length will be utilized in loading or unloading. Loading spaces shall be within the confines of the property.
      (1)   Every single-occupancy retail or office establishment permitted use having a floor area of 3,000 square feet or more, requiring the receipt or distribution by vehicles of materials and merchandise shall have at least one permanently maintained off-street loading space for each 3,000 square feet of gross floor area.
      (2)   Single-occupancy retail operations with a gross floor area of less than 3,000 square feet shall provide sufficient receiving space on the property so as not to hinder the fast movement of vehicles and pedestrians over a sidewalk, street or alley as determined by the Town Planner.
      (3)   All refuse and garbage shall be held in suitable containers at the rear of the front line of the structure for subsequent pickup.
   (e)   No off-street parking of vehicles is allowed except on hard surfaced areas. Hard surface shall include asphalt, concrete or other similar stabilizing material. Pervious surfacing material considered by the Planning and Zoning Board may be approved by the Town Commission as part of the site plan review and approval process where circumstances of use are conducive to this type of pavement. Marl is specifically prohibited for use in parking areas and driveways.
   (f)   Where artificial lighting of parking areas is provided, it shall be designed and arranged so as to shield public streets and adjacent properties from direct glare.
(`75 Code, Appendix A, Art. VII, § 1) (Ord. passed 9-26-72; Am. Ord. 83-3, passed 3-15-83; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 93-01, passed 3-10-93; Am. Ord. 94-01, passed 6-15-94; Am. Ord. 2003-04, adopted 12-17-03; Am. Ord. 2-2005, adopted 7-20-05; Am. Ord. 2014-08, passed 10-29-14; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2018-03, adopted 8-15-18; Am. Ord. 2019-06, adopted 1-15-20)
§ 7A-51. SITE PLAN APPROVAL FOR MULTI- FAMILY DISTRICTS 4-RM AND 5-RMO, 8-B RESIDENTIAL-BUSINESS DISTRICT, 6-B DOWNTOWN BUSINESS DISTRICT, AND 7-C COMMERCIAL DISTRICT AND ALL USES AND STRUCTURES APPROVED BY SPECIAL EXCEPTION.
   (a)   Purpose. The purpose of these provisions is to provide a harmonious and compatible relationship between business uses in the Town and in neighboring residential areas and, in the case of multi- family development, to encourage a harmonious linkage with the surrounding developments. These provisions are also provided so that the approval of any special exception may be conditioned on an applicable site plan. This is provided with a review and evaluation of all site plans by the Civil Engineer, Building Official and/or Planning Official, Planning and Zoning Board, and the Town Commission.
   (b)   Site plan approval required. A site plan must be reviewed and evaluated by the Civil Engineer, Building Official and/or Planning Official and Planning and Zoning Board and approved by the Town Commission prior to issuance of a permit for development of any of the following:
      (1)   New construction for buildings and related structures in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.
      (2)   Construction or alterations that will increase the height of an existing building or structure, including but not limited to additional stories, false roofs, false walls, and facades, in a 4-RM, 5-RMO, 6-B, 7-C or 8-B zoning district.
      (3)   Construction or alteration that will expand the interior of an existing building devoted to an existing use if the expansion is to a special exception use or if the expansion would result in a requirement for additional parking spaces.
      (4)   Construction or alteration that will expand the exterior of an existing building including but not limited to porches, patios, decks, balconies or other features, that have the potential to increase the activities on the site in a manner that would create a need for additional off-street parking or loading facilities, in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.
      (5)   Construction or alteration that occurs in conjunction with a change in the usage (activity) of an existing building or structure in a 4-RM, 5-RMO, 6-B, 7-C, or 8-B zoning district.
      (6)   Churches, museums, places of worship, temples, libraries or schools in a 1-RS, 2-RS, or 3-RS zoning district.
      (7)   For all development related to a special exception use, the special exception use shall not be considered approved until a site plan meeting all criteria of the Land Development Code has been reviewed by Town staff and the Planning and Zoning Board and approved by the Town Commission.
   (c)   General consideration and site plan review.
      (1)   The Planning and Zoning Board, Civil Engineer, Building Official and/or the Planning Official shall ascertain that proposed lot sizes, lot coverage, building heights, yard requirements, stormwater retention, loading provisions, off-street parking provisions and other provisions that are regulated by the Land Development Code are adequate to meet the requirements of this Land Development Code and that proposed uses are harmonious with the adjacent uses and with the area.
      (2)   In addition to the above general consideration, the Civil Engineer, Building Official and/or the Planning Official, Planning and Zoning Board and the Town Commission, in the exercise of their authority, shall also consider the following standards and factors and shall show in the record that each factor was considered.
         a.   Ingress and egress to property and proposed structures, with reference to automotive and pedestrian safety, traffic flow and control, provision of services and access in case of fire or catastrophe.
         b.   Manner of drainage to and from the property.
         c.   Utilities, with reference to hook- in locations and availability and capability for the use projected.
         d.   Off-street parking areas and loading areas with attention to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and convenience to the units it is designed to serve.
         e.   Landscaping in conjunction with parking areas and open spaces (see Chapter 9A).
         f.   Density of development, within the framework of the permitted density in the case of multi-family uses.
         g.   In multi-family development, consideration shall be given to recreation and open spaces, with attention to the location, size and development of the areas in regard to their adequacy, their effect on privacy of adjacent living areas and their relationship to community-wide open spaces and recreation facilities.
         h.   General character and compatibility with reference to ensuring the proposed plan will be designed so as not to cause substantial depreciation of property values or reduce the safety, light, air and general convenience of neighboring developments.
         i.   Setbacks, distances between structures, required screening for adjoining areas, lighting and signs.
      (3)   With regard to site plans for a special exception use, the special exception and the site plan shall also be evaluated by the Board of Adjustment considering each of the foregoing requirements in paragraph (2) above; the requirements for issuance of a special exception set forth in § 7A-152; and the special exception requirements set forth in an applicable zoning district, all as a part of the process for approving a special exception as set forth in § 7A-152. Approval of a special exception site plan by the Board of Adjustment shall be conditioned upon approval of the site plan (but not the special exception) by the Planning and Zoning Board and the Town Commission. Any non-approval of a special exception site plan by the Town Commission shall require re-examination and consideration for approval of the special exception and site plan by the Board of Adjustment.
   (d)   Procedure for obtaining site plan approval shall be as follows:
      (1)   Preapplication conference. The applicant shall meet with the Building Official to discuss basic site plan requirements, consider preliminary features of the site and the proposed development and determine if the proposed use conforms to the zoning requirements of the district.
      (2)   Site plan checklist. The applicant shall properly fill out a checklist provided by the Building Official. This checklist will summarize the site plan and it will be used as a guide for site plan evaluation.
      (3)   Preliminary site plan. Following the preapplication conference, seven copies of a preliminary site plan prepared by a registered civil engineer or architect, licensed to practice in the State of Florida, showing the proposed general layout and a vicinity map showing the location of abutting streets, existing and proposed utilities and storm drainage systems in accordance with the site plan requirements shall be submitted to the Building Department.
      (4)   General statement. A statement describing the general character of the intended development and the proposed method of preserving and maintaining open space shall accompany the seven copies of the preliminary site plan.
      (5)   Review and recommendations. Applications for site plan approval shall be submitted to the Building Official who shall forward copies of the proposed plans to the Police Department and the Fire Department for their written recommendations regarding health, safety and welfare.
      (6)   Upon completion of the above five steps and receipt of the above recommendations, the Planning and Zoning Board shall review the site plan and those recommendations and submit their own recommendations to the Town Commission within 30 days after the receipt of the above plans and recommendations, and in no event later than one week prior to the date of a public hearing which is hereby required to be held. The Town Commission then shall review all recommendations and either approve, disapprove, or approve with conditions the plan or portions of the plan submitted not later than the second regular Commission meeting following the receipt of the written recommendations.
   (e)   Site plan requirements. Site plans shall include:
      (1)   Name, location, owner and designer of the proposed development and the intended use(s).
      (2)   Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties.
      (3)   Date, north arrow and graphic scale (not less than one inch equals 20 feet).
      (4)   Location of all property lines, existing streets, easements, utilities, as well as proposed drainage structures and culverts and proposed streets, driveways and general lot layout.
      (5)   Location of all trash and litter receptacles.
      (6)   Location and design of landscape areas, including all existing trees (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey.
      (7)   All structures, major features and fences, including all existing outbuildings and accessory structures (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey, shall be fully dimensioned, including the distance between structures and the distance between driveways, parking areas and property or lot lines.
      (8)   Sign locations.
      (9)   Off-street parking and loading provisions in detail.
      (10)   A professionally prepared drainage plan drawn to scale showing flow paths and retention areas and certifying that retention requirements are met.
      (11)   A professionally prepared plan drawn to scale and depicting the exterior appearance of proposed construction including landscaping, parking lots, and general layout. An elevation sketch of the front building facade indicating height dimension.
      (12)   A performance bond. After the site plan for a commercial structure has been approved but prior to the issuance of a building permit, the owner and/or developer shall present to the Building Official proof that he (the owner and/or developer) has secured a performance bond in favor of the Town in an amount equal to 1 1/2 times the value of the construction for which a building permit is requested. This performance bond is required to restore the site to its preconstruction condition or completion of building should construction be abandoned at any stage for any reason.
   (f)   Final approval to site plan.
      (1)   Upon the site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the plans and specifications. Deviations from the approved site plan being made are subject to the approval of the Town Manager, Civil Engineer, and Building Official. Substantial deviations as defined by the Town Manager, Civil Engineer or Building Official require approval of the Town Commission and will follow the initial site plan approval process.
      (2)   Approval of a site plan shall become a binding condition on the use of the land encompassed by the approved site plan under the applicable land use classification. Upon any conveyance of any portion of such land encompassed by the approved site plan, the grantee or transferee shall also be bound by the approved site plan. All changes will be recorded with the original site plan and retained at the Town Hall.
      (3)   Site plans are approved for six months only. During that time a building permit must be applied for. In the event a permit is not applied for within that six-month period, application must be made for a new site plan approval. Any change in the zoning code that occurs during that period will be applicable to the new site plan approval. Site plans approved as a condition of a special exception shall be valid for six months after the exception is granted; provided that any change in the zoning code that occurs during that period will be applicable to the new site plan approval.
(`75 Code, Appendix A, Art. VII, 2) (Ord. 75-1, passed 2-11-75; Am. Ord. 78-9, passed 5-22-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-06, adopted 1-15-20)
§ 7A-51.1. SITE PLAN APPROVAL FOR SINGLE- FAMILY RESIDENTIAL ZONING DISTRICTS 1-RS, 2-RS, AND 3-RS.
   (a)   Purpose. The purpose of this section is to assure that all development of principal permitted uses within the 1-RS, 2-RS, and 3-RS meets the requirements of this chapter 7A. This review shall be applicable for all principal uses, certain accessory uses, and special exceptions within the 1-RS, 2-RS, and the 3-RS zoning districts, except for churches, museums, places of worship, temples, libraries, or schools in the 1-RS, 2-RS, or 3-RS zoning districts, which shall be reviewed pursuant to § 7A-51. At a minimum, all site plans subject to this section shall be reviewed and evaluated by the Civil Engineer, Building Official and the Town Commission. As provided in subsection (b), the Planning and Zoning Board and the Zoning Official may from time to time also be required to review and evaluate site plans pursuant to this section.
   (b)   Site plan approval required.
      (1)   A site plan must be reviewed and evaluated by the Civil Engineer, Building Official and approved by the Town Commission prior to issuance of a permit for development and construction of a principal use, an accessory use developed simultaneous with a principal use, or special exception in the 1-RS, 2-RS, or 3-RS zoning district, as provided in subsection (c).
      (2)   From time to time, the Town Commission may by voice vote direct that all or certain of the site plans subject to review pursuant to this section shall also be reviewed and evaluated by the Zoning Official and/or the Planning and Zoning Board. The review and evaluation authority of site plans pursuant to this section by the Zoning Official and/or the Planning and Zoning Board may also be withdrawn from time to time by voice vote of the Town Commission.
      (3)   Review and evaluation of site plans by the Planning and Zoning Board pursuant to this section, if provided for by the Town Commission, shall occur after review by the Civil Engineer and Building Official and prior to review and approval by the Town Commission. Upon completion of review by the Planning and Zoning Board, the Planning and Zoning Board shall make a recommendation to the Town Commission with regard to appropriate action to be taken by the Town Commission relating to a site plan reviewed pursuant to this section.
      (4)   Review and evaluation of site plans by the Zoning Official, if provided for by the Town Commission, shall occur prior to review and evaluation by the Planning and Zoning Board and the Town Commission. Upon completion of review by the Zoning Official, the Zoning Official shall make a recommendation with regard to appropriate action to be taken relating to a site plan reviewed pursuant to this section.
   (c)   Site plan review and approval pursuant to this section shall occur with regard to any of the following types of development:
      (1)   New construction for any principal use structure, any accessory use structure developed simultaneous with any principal use structure, or the expansion or redevelopment of any principal use structure, or use permitted by special exception, in the 1-RS, 2-RS, or 3-RS zoning districts. As used in the foregoing sentence, the term “simultaneous” shall mean that a building permit for development of an accessory use structure is to be issued within 180 days of the issuance of a building permit for new construction of, or the expansion or redevelopment of, any principal use structure;
      (2)   Construction or alterations that will increase the height of an existing principal use building or structure, including but not limited to additional stories, false roofs, false walls, and facades, in the 1-RS, 2-RS, or 3-RS zoning districts;
      (3)   Construction or alteration that will expand the footprint of an existing principal use structure or building, or use permitted by special exception, including but not limited to porches, patios, decks, balconies, or the like of an existing structure, all in the 1-RS, 2-RS, or 3-RS zoning districts; and
      (4)   Construction or alteration that occurs in conjunction with a change in the principal use or use permitted by special exception of an existing building or structure, all in the 1-RS, 2-RS, or 3-RS zoning districts.
   (d)   General consideration and site plan review for development. The Civil Engineer, Building Official and, if so directed, the Zoning Official and the Planning and Zoning Board shall ascertain that proposed lot area, lot width, lot depth, lot coverage, minimum living area, building or structure height, yard requirements, applicable ocean setback, number of stories, stormwater retention, and use of a principal structure are consistent with and adequate to meet the requirements of this Land Development Code and other applicable provisions of the Land Development Code or are or will be subject to a variance permitting the varying of applicable provisions of the Land Development Code.
   (e)   Procedure for obtaining site plan approval shall be as follows:
      (1)   Preapplication conference. The applicant shall meet with the Building Official to discuss basic site plan requirements, consider preliminary features of the site and the proposed development, and determine if the proposed use conforms to the zoning requirements of the district.
      (2)   Site plan checklist. The applicant shall properly fill out a checklist provided by the Building Official. This checklist will summarize the site plan, and it will be used as a guide for site plan evaluation.
      (3)   Preliminary site plan. Following the preapplication conference, seven copies of a preliminary site plan prepared and sealed by a civil engineer or architect, registered and licensed by the state, showing the proposed general layout and a vicinity map showing the location of abutting streets, existing and proposed use of the site, and all the factors required by subsections (d) and (f) shall be submitted to the Building Department.
      (4)   Review and recommendations. Applications for site plan approval shall be submitted to the Civil Engineer and Building Official, who shall review and evaluate the site plan to assure compliance with the requirements of this section, making recommendations to the Town Commission and, if applicable, the Planning and Zoning Board. If the Town Commission has directed that site plans of the type submitted are to be evaluated by the Zoning Official and/or the Planning and Zoning Board, a copy of the site plan shall be forwarded by the Building Department to the Zoning Official and/or the Planning and Zoning Board for review and evaluation to assure compliance with the requirements of this section. The Zoning Official and/or the Planning and Zoning Board shall make recommendations to the Town Commission and, if applicable, the Planning and Zoning Board.
      (5)   Upon completion of the review and evaluation of the Civil Engineer, Building Official and, if applicable, the Zoning Official, the recommendations with regard to approval of the site plan shall be forwarded to the Planning and Zoning Board, if review has been directed by this board. Otherwise, the site plan and recommendations shall be forwarded directly to the Town Commission and placed on the Commission's consent agenda. If directed by the Town Commission, the Planning and Zoning Board shall review and evaluate the site plan as provided by this section. Upon completion of review and evaluation, the site plan shall be forwarded to the Town Commission, together with the comments and recommendation of the Planning and Zoning Board and other staff reviewing authorities. If review has not been directed by the Town Commission to be conducted by the Planning and Zoning Board, the applicable Town staff report and recommendations shall be forwarded directly to the Town Commission and placed on the Commission's consent agenda. The Town Commission then shall review all comments and recommendations and take appropriate action with regard to the proposed site plan.
   (f)   Site plan requirements. Site plans shall include:
      (1)   Name, location, owner, and designer of the proposed development and the intended use;
      (2)   Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties;
      (3)   Date, north arrow, and graphic scale (not less than one inch equals 20 feet);
      (4)   Location of all property lines, existing streets adjacent to the subject property, easements, as well as proposed driveways and general lot layout, which shall also be reflected on a professionally signed and sealed survey;
      (5)   All proposed structures, major features, and fences, including all existing outbuildings, accessory structures and trees (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey, shall be fully dimensioned, including the height of all structures and the distance between principal and accessory structures on siteand the distance between structures and driveways, and property or lot lines;
      (6)   A professionally prepared drainage plan drawn to scale showing flow paths and retention areas and certifying that retention requirements are met;
      (7)   A professionally prepared plan drawn to scale and depicting the height dimension of the proposed structure, construction, or expansion or redevelopment thereof.
   (g)   Final approval to site plan.
      (1)   Upon the site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the plans and specifications and in such a manner that no requirements of the Land Development Code are violated. Deviations from the approved site plan being made are subject to the approval of the Town Manager, Civil Engineer and Building Official. Substantial deviations as defined by the Town Manager or Civil Engineer or Building Official require approval of the Town Commission and will follow the initial site plan approval process.
      (2)   Approval of a site plan shall become a binding condition on the use of the land encompassed by the approved site plan under the applicable land use classification. Upon any conveyance of any portion of such land encompassed by the approved site plan, the grantee or transferee shall also be bound by the approved site plan. All changes will be recorded with the original site plan and retained at the Town Hall.
      (3)   Site plans for the 1-RS, 2-RS, and 3-RS zoning districts are approved for 365 days. During that time a building permit must be applied for. In the event a permit is not applied for within that 365-day period, application must be made for a new site plan approval. Any change in the Land Development Code that occurs during that period will be applicable to the new site plan approval.
(Ord. 2010-01, adopted 3-17-10; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-06, adopted 1-15-20)
§ 7A-52. SIGNS.
   (a)   Single-family districts:
      (1)   Permitted signs and regulations.
         a.   Signs permitted in 1-RS, 2-RS and 3-RS Single-Family Residential Districts shall be by sign exceptions as per subsection (g).
   (b)   Multi-family districts (4-RM, 5-RMO). Single-family dwellings in this district will follow sign criteria for single-family districts as per subsection (g).
      (1)   Permitted signs and size regulations: One attached sign or one freestanding sign shall be permitted per apartment complex. Attached signs shall not exceed 25% of the total surface area of the wall to which the sign is attached. In no case shall any attached sign exceed nine square feet in total surface area. Freestanding signs shall not exceed nine square feet in total area nor ten feet in height.
   (c)   Business districts (6-B, 7-C).
         Permitted signs and size regulations:
         a.   One attached sign per business establishment excluding signs installed, affixed, or painted on windows or doors. Attached signs shall not exceed 10% of the total surface area of the front of the building to which the sign is attached or exceed 100 square feet in total surface area, whichever amount shall be less. Measurement of fronts of buildings will include false fronts and any mansard roof frontage. Signs shall not extend above the roof line for buildings with a flat roof or above the eve line for buildings with a sloped roof. Where multiple businesses occupy a building the cumulative total of attached signs shall not exceed 10% of the surface area of the front of the building or 100 square feet, whichever amount shall be less.
         b.   One freestanding sign per developed site. A maximum of 45 square feet of cumulative sign area shall be permitted on a development site. One or more businesses may advertise on the sign. If more than one sign is utilized on a development site then the signs shall be a minimum of 50 feet from any freestanding or shingle sign of a neighboring business. The maximum size of an individual sign when multiple signs are used on a development site is 32 square feet.
         c.   One shingle sign not to exceed 12 square feet per business establishment is permitted in lieu of the freestanding sign in front.
         d.   All business establishments are permitted one shingle sign at the rear of each establishment, provided said sign does not exceed 12 square feet.
         e.   Freestanding signs in the 6-B, 7-C and 8-B zoning districts shall be monument style signs. The sign shall be constructed of materials that are architecturally compatible with the primary building on the site. The sign shall not have internal lighting. Spot lights illuminating the sign shall be shielded so that the source of light is not visible to vehicular traffic or pedestrians. Shingle signs are not permitted for special exceptions. To the extent of any inconsistency in this section with other sections, with regard to special exceptions this sub-paragraph supersedes other provisions in this section.
   (d)   Residential-business districts (8-B).
         Permitted signs and size regulations:
         a.   One attached sign or one freestanding sign shall be permitted per apartment complex.
         b.   One attached sign shall be permitted per business establishment. Attached signs shall not exceed 10% of the total surface area of the wall to which the sign is attached or exceed 16 square feet in total surface area except that buildings with over 30 feet of frontage may add an additional four square feet of sign for each ten linear feet of frontage over 30 feet. Attached signs for special exception uses shall be limited to a maximum of 16 square feet.
         c.   One freestanding sign per commercial structure shall be permitted.
         d.   The total surface area of all freestanding signs shall not exceed 25 square feet or 15 feet in height. Such signs must be a minimum of 20 feet from the front building line. Signs less than 20 feet are allowed but may not exceed ten feet in height and nine square feet in surface area.
         e.   Freestanding signs for special exception uses shall be monument style signs. The maximum size shall be 20 square feet. The maximum height shall be eight feet. The minimum setback is five feet. Only one freestanding sign is allowed per special exception site. The sign shall be constructed of materials that are architecturally compatible with the primary building on the site. The sign shall not have internal lighting. Spot lights illuminating the sign shall be shielded so that the source of light is not visible to vehicular traffic or pedestrians. To the extent of any inconsistency in this section with other sections, with regard to special exceptions this sub-paragraph supersedes other provisions in this section.
   (e)   Sign setbacks and additional regulations for all signs.
      (1)   Signs may be placed on the property line. No part of a sign may overhang adjacent property or the right-of-way. In no case may a freestanding or shingle sign be placed within 20 feet of an intersection unless the bottom of said sign is ten feet or more from the ground.
      (2)   Attached signs affixed to a building shall be placed only on the front facade or roof and shall not protrude above the roof line or beyond the side corners of the front facade, project out more than two feet from the wall or extend more than one-half the distance above the base of the roof to the roof peak.
      (3)   Signs of any type may not be placed on the roof of any structure.
      (4)   It shall be unlawful for any owner or permittee to fail to remove any sign after ten days which advertises business, real estate or products no longer conducted, available or for sale on the premises.
      (5)   Indirect lighting sources in use shall be shaded to eliminate glare on roadways, streets or surrounding properties.
      (6)   Internally lit signs and signs illuminated by neon lights or bare bulbs shall not exceed two footcandles illumination at any property line.
   (f)   Nonconforming signs.
      (1)   A sign or advertising structure existing within the Town limits on the effective date of Ordinance 85-7, passed November 12, 1985, or a sign or advertising structure existing in an area annexed to the Town after the effective date of this Land Development Code, which, by its height, square foot area, location, or use of structural support does not conform to the requirements of this Land Development Code shall hereafter be termed nonconforming.
      (2)   All nonconforming signs or advertising structures within the Town limits shall be permitted to remain until such time as:
         a.   The sign or advertising structure becomes a hazard or obstruction.
         b.   It becomes necessary to replace or rebuild the sign or building, at which time it shall conform to this section.
      (3)   No conforming sign or sign structure shall be erected on the same lot with an existing nonconforming sign until the nonconforming sign has been removed.
   (g)   Sign exceptions. The following signs are exempt from the provisions of this section:
      (1)   Memorial signs, tablets, plaques or names of buildings and date of erection when the same are two square feet or less in size and are cut into any masonry surface or when constructed of bronze or other noncombustible material.
      (2)   Property numbers and names of occupants of premises having no commercial connotations and shall not exceed one square foot of total surface area.
      (3)   Legal notices and identification, informational or directional signs erected or required by governmental bodies.
      (4)   Reserved.
      (5)   Traffic and other municipal signs, legal notices, and other safety directional signs.
      (6)   Private directional signs when not more than two square feet in surface area.
      (7)   Subdivision entrance signs not exceeding 32 square feet and not having any part of the sign structure exceeding eight feet in height. No more than two signs per entrance will be allowed.
      (8)   Bulletin boards and signs of churches, schools and clubs not exceeding 32 square feet in area and not exceeding one per organization. If located on a corner lot, a 32-square-foot sign facing each street is allowed.
      (9)   A construction or home improvement sign shall not exceed 16 square feet in surface area, not to be illuminated, and shall be removed immediately after completion of construction or improvement.
      (10)   Any dispensing mechanism positioned outside of a business premise such as for ice cream, candy, soda, newspapers and such or for fuel pumps and the like, with a trademark or identification; also, any lighting fixture for the sole purpose of aiding in after-dark business operations or safety with a trademark or identification.
      (11)   One real estate sign per interior lot or one sign facing each thoroughfare per corner lot shall be allowed. Real estate signs shall not exceed six square feet in total surface area or four feet in height.
      (12)   Political signs shall be permitted and display of the sign shall conform to the following:
         a.   Maximum size of a political sign, four square feet.
         b.   Signs may not be placed on rights-of-way.
         c.   Political signs related to an election must be removed within 72 hours after the election.
   (h)   Prohibited signs.
      (1) All other signs not specifically or provisionally permitted herein, such as, but not limited to, flashing signs, billboard signs and banner signs.
      (2)   No private sign (sign erected by a non-governmental person or entity) is permitted on rights-of-way.
(`75 Code, Appendix A, Art. VII, § 4) (Ord. adopted 9-26-72; Am. Ord. 76-3, adopted 8-10-76; Am. Ord. 85-7, adopted 11-12-85; Am. Ord. 87-02, adopted 5-12-87; Am. Ord. 2004-09, adopted 11-17-04; Am. Ord. 2008-08, adopted 9-3-08; Am. Ord. 2009-03, adopted 4-15-09; Am. Ord. 2011-02, adopted 6-15-11; Am. Ord. 2017-05, adopted 12-20-17) Penalty, see § 7A-177
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