For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABROGATE. To abolish; repeal; or annul.
ACCESSORY DWELLING UNIT. A residential dwelling unit, but not a mobile home or recreational vehicle, located on the same lot or parcel of land as a single-family dwelling unit, with a separate, complete housekeeping unit including a separate kitchen, sleeping area, and full bathroom facilities. The unit may be attached to the single-family dwelling unit or detached in a free-standing structure. An accessory dwelling unit is not permitted as accessory to a two-family dwelling, multi-family dwelling, or mobile home dwelling.
(1) The unit shall be accessory to and on the same property as a single-family dwelling unit and may only be located on lots or parcels of land that meet the minimum lot size requirement of any Single-Family Residential District (SF-1, RS-1, RS-2, and RS-3), Estate Residential District (RE), Rural Residential District (RR), or General Use Holding District (GU) where single-family dwellings are permitted.
(2) The unit shall be developed in conjunction with or after development of the principal dwelling unit and the owner of the property must reside within either the principal or the accessory dwelling unit.
(3) Not more than one (1) accessory dwelling unit per property is permitted.
(4) No accessory dwelling unit shall be sold separately from the principal dwelling unit. The accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel, or on a combination of lots or parcels.
(5) The air-conditioned floor area of the accessory dwelling unit shall not exceed 50% of the air-conditioned floor area of the principal structure, or 800 square feet, whichever is less. The accessory dwelling unit shall be no less than 200 square feet of air-conditioned floor area.
(6) The unit shall meet the accessory structure setback and height provisions identified in §§ 185.118(A) and (B).
(7) The unit shall be designed so that the exterior façade material is similar in appearance (material and color) of the existing principal structure.
(8) A minimum of one (1), but not more than two (2) parking spaces shall be provided for the accessory dwelling unit, in addition to the spaces required for the principal dwelling unit.
(9) Construction of the accessory dwelling unit, in combination with all structures on the property, shall not cause the maximum lot coverage of the zoning district to be exceeded.
(10) The accessory dwelling unit shall be serviced by centralized water and waste water or meet the health department's well and septic tank and drain field requirements. Modification, expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adjacent vacant properties "unbuildable" for development when well and/or septic tank facilities would be required to service development on those adjacent properties.
(11) An accessory dwelling unit shall be treated as a mobile home unit for impact fees.
ACCESSORY USE or STRUCTURE. A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure which contributes to the comfort, convenience or necessity of the occupants of the principal building.
AGRICULTURE. The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, vegetables; nursery, floral, ornamental and greenhouse products; and fish hatcheries.
ALCOHOLIC BEVERAGE. As defined by F.S. § 561.01.
ALLEY. Any public or private right of way, created by platting or City Council action, with thirty (30) feet or less of right-of-way set aside for secondary public or private access for service to abutting properties and not intended for general traffic circulation.
APARTMENT. See DWELLING, MULTIPLE-FAMILY.
ARCADE AMUSEMENT CENTER. This term refers to a place of business having at least fifty (50)
coin-operated amusement games or machines which operate by means of the insertion of a coin and by the application of skill on premises which are operated for the entertainment of the general public and tourists as a bona fide amusement facility. An arcade amusement center shall follow all state regulations, as established by Fla. Stat. § 546.109.
ARTERIAL ROAD. A road or street that is designed or functions to move large volumes of traffic over relatively long distances. A road identified on the adopted future traffic circulation map as an arterial.
ASSEMBLY. Any activity involving the assembly of any commodity, including the assembly, packaging, re-packaging of any items. This does not include changing any commodity in composition, form, size, shape, texture, or appearance which is deemed to be an industrial process.
AUTOMOTIVE REPAIR FACILITIES. This term shall include all mechanical engine overhaul or repair, and body work and painting of automotive vehicles.
AUTOMOTIVE VEHICLE. Any self-propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. The phrase shall include passenger cars, trucks, buses, motorcycles, scooters and station wagons, but shall not include tractors, construction equipment or machinery or any device used for performing a job except as stated above.
AWNING. A detachable, roof-like cover, supported by the wall of a building for the purpose of shielding a doorway or window from the elements.
BLANK WALL AREA. An exterior wall of a commercial structure that is unadorned with any architectural features.
BOARDINGHOUSE. See ROOMING HOUSE.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING or STRUCTURE. Any structure constructed or used for residence, business, industry or other private or public purposes or accessory thereto, including tents, lunch wagons, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, structures of all types, storerooms, billboards, signs, gasoline pumps and similar structures whether stationary or moveable.
BUILDING COVERAGE. The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING OFFICIAL. The official charged with the administration and enforcement of the building codes as adopted by the city.
BUSINESS SERVICES. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as secretarial services, bookkeeping services, telephone. answering services, advertising services, building maintenance and employment services.
"C" CHANNEL. A structural element made from light-gauge metal used as conventional framing member.
CAR WASH FACILITY. A building or structure in which the washing, cleaning, and/or polishing of motor vehicles is conducted.
CHICKEN. A domestic fowl developed in a number of breeds for their eggs. A fowl is defined as a chicken by the University of Florida Extension Service. This definition shall not include ducks, geese, turkeys, pigeons or guinea.
CHURCH. A building or structure or groups of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and customary accessory uses excluding general education facilities.
CLUB, PRIVATE. An organization or group of people pursuing common goals, interests, or activities not operated or maintained for profit and incorporated under the laws of the state as a nonprofit organization.
CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together. The term does not include a place for the treatment of animals and does not include a “pain-management clinic” as defined in the Palm Bay Code of Ordinances.
COLLECTOR ROAD. A road or street that is designed or functions to collect traffic from local neighborhood roads and transmit them to arterial roads. A road identified on the adopted future traffic circulation map as a collector.
COMPREHENSIVE PLAN. An official public document that has been adopted by the City Council that provides goals, objectives and policies to guide present and future land use decisions in the city.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as conditional uses.
CONGREGATE LIVING FACILITY. A facility providing housing and services for certain individuals, licensed by the State Department of Health and Rehabilitative Services which may include meals, housekeeping, and personal care assistance. A residential environment is maintained for those persons who may be functionally impaired or socially isolated, but are otherwise in good health. The residents can maintain a semi-independent lifestyle and do not require more intensive care as provided in a nursing home/convalescent home.
CONSIGNMENT AND/OR THRIFT STORE. A store to which people bring items that they no longer want (such as old clothes, shoes, and equipment) to have them sold. The person who brought it to the store doesn’t necessarily have to receive a portion of the money paid for it; the item(s) could simply be donated.
CORRECTIONS FACILITY. A facility which is owned or operated by an agency of the State of Florida or Brevard County or which is operated, whether or not under contract with an agency of the State of Florida or Brevard County and which is utilized primarily for purposes of confining, detaining, housing, or separating from the general public any persons (whether adult or juvenile) who have been (i) convicted of a crime regardless of whether adjudication has been withheld; or (ii) awaiting trial on criminal charges in any jurisdiction; or (iii) involuntarily committed because of pending criminal matter regarding such person. The term CORRECTIONS FACILITY shall include any state, county, or private jail, prison, juvenile detention facility, juvenile assessment or assignment center or similar facility regardless of the name by which such facility is known. The term CORRECTIONS FACILITY shall exclude City of Palm Bay Police Department facilities.
COURT. An unoccupied open space on the same lot with the principal building and fully enclosed on at least three (3) adjacent sides by walls of the principal building.
COURTESY NOTICE. A notice of a public hearing, not required by law, mailed at the city's discretion to property owners within five hundred (500) feet of property which is the subject of the public hearing.
CYBERCAFE. See ELECTRONIC GAMING ESTABLISHMENT.
DAY CARE CENTERS (CHILD CARE NURSERIES). Any child care center or child care arrangement which provides child care for more than five (5) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included: Public schools and nonpublic schools which are in compliance with the Compulsory School Attendance Law, Fla. Stat. Ch. 232; summer camps having children in full-time residence; summer day camps and bible schools normally conducted during vacation periods.
DRINKING ESTABLISHMENT. Is a place devoted primarily to retailing and drinking alcoholic beverages. The words “drinking establishment” shall include the words “bar,” “saloon,” “tavern,” “pub,” “barroom,” “bottle club,” “cocktail lounge,” “lounge,” and “cabaret.”
DRIVE-THROUGH SERVICES/FACILITIES. Any place or premises where transactions take place between customers within an automotive vehicle and employees either within or outside of a business establishment.
DUPLEX. A residential structure that is divided into (2) units, with a separate entrance for each unit. Each unit may allow one (1) family to reside within.
DWELLING, EFFICIENCY. A dwelling unit within a multiple family complex or hotel/motel consisting of not more than one (1) habitable room together with a kitchen or kitchenette and sanitary facilities.
DWELLING, MOBILE HOME. A detached residential dwelling unit over eight (8) feet in width, licensed by the State of Florida, designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A “travel trailer” is not to be considered as a mobile home.
DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached dwelling unit other than a mobile home, designed for and occupied by one (1) family only. A Tiny Home on Wheels (THOW) that is anchored to the ground or placed on a foundation with skirting and connected to the City of Palm Bay water and sewer distribution system may be considered as a SINGLE-FAMILY DWELLING.
DWELLING, TOWNHOUSES. A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more fire-resistant walls.
DWELLING, TWO-FAMILY. A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.
DWELLING UNIT or LIVING UNIT. One (1) room, or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
ELDERLY OR HANDICAPPED DWELLINGS. Any dwelling, building or other structure occupied by seven (7) or more persons including staff who are not related to the owner or administrator by law, blood, marriage, or adoption. These dwellings shall be used exclusively for residential use by persons who are handicapped, aged or disabled, are undergoing rehabilitation, and are provided resident services to meet their needs. The resident services, in addition to housing and food services may include, but not be limited to, personal assistance with bathing, dressing, housekeeping, adult- supervision, emotional security and other related services but not including medical services. For the purpose of this chapter, these facilities shall not be deemed to include rooming or boarding homes, fraternities, sororities, clubs, monasteries or convents, hotels, emergency shelters, residential treatment facilities, recovery homes or nursing homes.
ELECTRONIC GAMING ESTABLISHMENT. Means a business operation, whether a principal use or accessory use, where persons utilize electronic machines or devices, including but not limited to, computers and gaming terminals, to conduct games of chance and/or a game promotion pursuant to Fla. Stat. § 849.094, including sweepstakes, and where cash, prizes, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such redeemed or distributed items are determined by the electronic games played or by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes cafes, cybercafés or sweepstakes cafes. This definition is applicable to any ELECTRONIC GAMING ESTABLISHMENT, whether or not the electronic machine or device utilized: (a) is server-based; (b) uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries; (c) uses software such that the simulated game influences or determines the winning or value of the prize; (d) selects prizes from a predetermined finite pool of entries; (e) uses a mechanism that reveals the content of a predetermined sweepstakes entry; (f) predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed; (g) uses software to create a game result; (h) requires deposit of any money, coin, or token, or the use of any credit card, debit card, prepaid card, or any other method of payment to activate the electronic machine or device; (i) requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device; (j) requires purchase of a related product, regardless if the related product, if any, has legitimate value; (k) reveals the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded; (l) determines and associates the prize with an entry or entries at the time the sweepstakes is entered; or (m) a slot machine or other form of electrical, mechanical, or computer game. It is the intent of this definition to classify any mechanism utilized at any ELECTRONIC GAMING ESTABLISHMENT that seeks to avoid application of this definition through the use of any subterfuge or pretense whatsoever. ELECTRONIC GAMING ESTABLISHMENTS do not include ARCADE AMUSEMENT CENTERS, regulated pursuant to FLA. STAT. § 849.161, or the official Florida Lottery.
ESTATE. A large, individually-owned piece of land containing a residence.
FAMILY. One (1) or more persons occupying a single-family dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons (step-children and foster children under state-approved care shall be deemed to be part of a natural blood related family). The term FAMILY shall not be construed to mean a fraternity, sorority, club, monastery, or convent, boardinghouse, or nursing home.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings measured from exterior faces of exterior walls or from the centerline of walls separating two (2) attached buildings. The required minimum floor area within each district shall not apply to accessory uses; however, the floor area of accessory uses may be computed as part of the area of the principal use.
GIRDER. A structural element used to support the sides or roof of a structure.
GOLF COURSE. A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses and shelters. A miniature golf course or putt-putt type course shall not be considered a golf course.
GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than five (5) feet.
GROWTH MANAGEMENT DIRECTOR. The official charged with the administration, interpretation, and enforcement of this chapter as provided for in § 185.180.
HEDGE. A row of bushes or small trees planted close together in such a manner as to form a boundary or barrier.
HEIGHT OF BUILDING. The vertical distance from the established average sidewalk or street grade or finished grade at the building line whichever is the highest, to:
(1) The highest point of a flat roof;
(2) The deck line of a mansard roof;
(3) The average height between the peak and eave of gable, hip, and gambrel roofs.
HOME OCCUPATION. An occupation conducted entirely in a residential dwelling unit subject to the provisions of § 185.125.
HOSPITAL. A building or group of buildings, having room facilities for one (1) or more overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices, provided, however, it is subordinate to the main use and must be an integral part of the hospital operations.
HOTEL. A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation, and which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As such, a hotel is open to the public, in contradiction to a boarding or lodging house, apartment hotel, or multiple dwelling.
HUMAN CREMATORIUM. A human crematory is a facility containing one or more combustion units, known as cremators, used solely for the cremation of human bodies within appropriate containers. Cremators are usually made of high-grade steel plate and lined inside with heavy refractory tile or brick. Most cremators have a variety of automatic controls and use gas for heating the cremator.
INDUSTRIAL. Any activity involving the mechanical, or chemical treatment of any commodity, including the assembly, packaging, blending, canning, bottling, or processing of any items. Changing any commodity in composition, form, size, shape, texture, or appearance is deemed to be an industrial process. The word “industrial” shall include the word manufacturing.
INOPERABLE VEHICLE. A vehicle which cannot be driven upon the public or private streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
INSTITUTIONAL USES. A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public. purposes.
INTERNET CAFE. See ELECTRONIC GAMING ESTABLISHMENT.
INTERNET SWEEPSTAKES CAFE. See ELECTRONIC GAMING ESTABLISHMENT.
JUNK YARD. A lot or land area where used or second hand materials are bought, sold, exchanged, stored, baled, packaged, packed, disassembled, or handled including but not limited to scrap iron and other metals, cloths, paper, rags, plumbing fixtures, rubber tires and bottles. The words junk yard does not include the words automobile wrecking yard and salvage yard.
KENNEL. A commercial establishment in which more than four (4) dogs or domesticated animals more than six (6) months old are housed, groomed, bred, boarded, trained or sold.
LAND. Includes the words “water,” “marsh,” or “swamp.”
LANDING BOARD.
A device placed on a pigeon aviary for the intake of birds into any loft or aviary.
LANDSCAPED AREAS. Those areas containing, bud not limited to, grass, ground covers, shrubs, vines, hedges, trees, berms and complementary structural landscape architectural features, such as rocks, fountains, sculpture, decorative walls and tree wells.
LARGE VEHICLE. Any vehicle(s) not classified as Class 1, Class 2, or Class 3 and exceeding 15,000 pounds Gross Vehicle Weight as outlined by the Federal Motor Carrier Safety Administration.
LIVESTOCK. Domestic animals raised for use and/or for sale; such as fowl, ducks, geese, turkeys, horses, cows, mules, donkeys, pigs, chickens, goats and other animals commonly found on farms.
LIVING AREA. The minimum floor area of a dwelling as measured by its outside dimensions exclusive of carports, porches, sheds and attached garages.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space.
LOCAL STREET. Any street or road not designated as a collector or arterial street. The primary function of a local street is to serve the adjacent property by providing the initial access to the roadway network. All local streets are minor streets.
LODGING HOUSE. Same as ROOMING HOUSE.
LOFT.
Any house, dovecote, structure, or enclosure for the keeping and housing of any kind of pigeon.
LOT. For purposes of this chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;
(4) A parcel of land described by metes and bounds.
LOT. Includes the words “plot,” “parcel,” or “tract.”
LOT AREA. The total area within the lot lines of a lot, excluding any street right-of-way.
LOT, CORNER. A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred and twenty degrees (120°).
LOT COVERAGE. That portion of the lot that is covered by buildings and structures including pavement.
LOT DIMENSIONS.
(1) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street lines) shall not be less than eighty percent (80%) of the required lot width except in the case of cul-de-sacs, where the eighty percent (80%) requirement shall not apply; provided, however, that all lots shall have a minimum of fifty (50) feet facing a street.
LOT, INTERIOR. A lot other than a corner lot with only one (1) frontage on a street.
LOT LINE. The boundary line of a lot.
LOT OF RECORD. A lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat prior to the effective date of this chapter.
LOT, THROUGH. A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double-frontage lots.
MANUFACTURED/MODULAR BUILDING. A building that is factory constructed in its entirety, in units, or components and then placed or assembled on a building site, and which has been approved by the department of community affairs of the state or its successor agency.
MANUFACTURING. See INDUSTRIAL.
MARINA. An establishment that provides storage (both wet and dry), servicing, fueling and securing of watercraft and may also include eating, laundry, and retail facilities for owners, crews and guests.
MAY. Is permissive.
MEDICAL, RECYCLING FACILITY. Any activity involving the sterilization and destruction of medical waste, including the disposal of hazardous materials generated by hospitals, nursing homes, dental clinics, and pharmacies other types of industrial and commercial companies.
MEDICAL WASTE. Any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals as defined by The Medical Waste Tracking Act of 1988. Medical Waste excludes hazardous waste and household waste.
MINING. The removal of mineral resources or any earth material from its natural position upon a lot, other than incidental excavation directly related to foundation preparation for an approved building, structure, accessory structure or surface drainage.
MOBILE FOOD TRUCK. A vehicle, including trailers and other conveyances, used to vend food and/or beverage product classified as follows.
(1) Class I – Mobile kitchens. In addition to the vending of products allowed for class II and class III mobile food trucks, these vehicles may cook, prepare and assemble food items in the unit and serve a full menu.
(2) Class II – Canteen trucks. These vehicles vend fruits, vegetables, hot dogs, precooked foods, pre-packaged foods and pre-packaged drinks. No preparation or assembly of foods or beverages may take place on or in the vehicle, however, the heating of pre-cooked foods is allowed. A cooking apparatus or grill top for the heating of pre-cooked foods is permitted so long as it complies with state regulations.
(3) Class III – Ice cream trucks. These vehicles vend only pre-packaged frozen dairy or frozen water-based food products, soft serve or hand-dipped frozen dairy products or frozen water-based food products and pre-packaged beverages. If vending in the street (right-of-way) only, a mobile vending permit does not apply. Please contact the city to obtain a Business Tax Receipt (BTR).
MOBILE FOOD VENDOR. A person who prepares, dispenses, or otherwise sells food from a mobile food truck.
MOBILE HOME. See dwelling, mobile home.
MOBILE HOME PARK. A single parcel of ground ten (10) acres or more in an area upon which there are mobile home sites to be leased or rented to occupants thereon.
MOTEL. A building in which lodging, or boarding and lodging, are provided and offered to the public in contradistinction to a boarding or lodging house, or a multiple-family dwelling; the same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office, and parking usually is adjacent to the dwelling unit. See also the definition for TOURIST AND TRANSIENT LIVING ACCOMMODATIONS.
NONCONFORMITY. Any lot, use of land, use of structure and premises or characteristics of any use which was lawful at the time of enactment of this chapter but which does not conform with the provisions of the district in which it is located.
NURSING HOME / CONVALESCENT HOME. An extended or intermediate care facility licensed or approved to provide full time convalescent or chronic care to more than one (1) person, who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Also known as a “long-term care facility” or “extended care facility.”
OCCUPIED. The use of a structure or land for any purpose, including occupancy for residential, business, industrial, manufacturing, storage and public use.
OFFICE, PROFESSIONAL. An office for the conduct of business of the following or related activities, medical and dental, law, engineering, real estate, insurance, accounting, chiropractic, architectural, technical and consultants in these related fields. This term does not include a “pain-management clinic” as defined in the Palm Bay Code of Ordinances.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for pubic or private use or enjoyment.
PAIN-MANAGEMENT CLINIC. Any facility, clinic, office, professional office or business which advertises in any medium for any type of pain-management services provided the facility, clinic, office or business is required to register with Florida Department of Health as a pain-management clinic. Any facility, clinic, office, professional office or business that employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications provided the facility, clinic, office or business is required to register with Florida Department of Health as a pain-management clinic. Any facility, clinic, office, professional office or business which is required to register with the Florida Department of Health as a pain-management clinic.
PARKING AREA. Any area, excluding public rights-of-way, used for the purpose of maneuvering, parking, loading, storing or display of vehicles, including driveways, aisles, parking spaces, back-out areas, and other areas used for outdoor sales, display or storage of merchandise or equipment.
PERSON. A firm, association, organization, governmental body, partnership, trust, company, or corporation as well as an individual.
PERSONAL SERVICES. A use intended to provide services to a person or their apparel, including such uses as barber shops, beauty shops, tailors, shoe repair, laundry pickup stations and other related activities.
PIGEON.
A bird of the order Columbidae and includes racing pigeon, carrier pigeon, homing pigeon, fancy pigeon and sporting pigeon.
PIGEON AVIARY.
An accessory use structure used for the keeping and housing of racing, homing, and ‘fancy’ or seamless banded pigeons.
PLANNED COMMERCIAL DEVELOPMENT (PCD). A commercial use or group of commercial uses of greater than three (3) acres of area developed to a carefully drawn site plan approved by the City Council as a special exception.
PLANNED INDUSTRIAL DEVELOPMENT (PID). An industrial use or group of industrial uses of greater than five (5) acres of area developed to a carefully drawn site plan approved by the City Council as a special exception.
PLANNED RESIDENTIAL DEVELOPMENT (PRD). A residential project consisting of two-family or multi-family uses of one hundred (100) units or more.
PLANNED UNIT DEVELOPMENT (PUD). An area of land developed as a single entity, or in approved stage in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of land uses and common open space.
PRINCIPAL USE OR STRUCTURE. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage, or any other structure with one (1) or more walls or a part of one (1) wall being a part of the principal building and structurally dependent, totally or in part, on the principal building shall comprise a part of the principal building and be subject to all regulations applied to the principal building. A detached and structurally independent carport, garage, or other structure shall conform to the requirements of an accessory building. A detached and structurally independent garage, carport or other structure conforming as an accessory building may be attached to the principal building by an open breezeway.
PRIZE. Means any gift, award, gratuity, good, service, credit, or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.
PUBLIC OUTDOOR SPACE. An area dedicated for the use of passive outdoor activity.
PUBLIC USE. Any use of land or structures owned and operated by a municipality, county, state or the federal government or any agency thereof and of a public service or purpose.
PUBLIC UTILITY FACILITY. Any equipment or structures necessary for conducting a service by a government or public utility including telephone electric, and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; and pumping stations.
RECREATIONAL VEHICLE. A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
REGIONAL TRANSPORTATION CENTER. Public transportation facilities including bus stations, railway stations, or a multi-model combination of both uses.
REQUIRED SETBACK LINE. An imaginary line running parallel to a front, side or rear property line, which establishes the rear edge of a yard or open area in which no building, structure or use may be placed or established, unless otherwise permitted herein.
RESTAURANT / EATING ESTABLISHMENT. Any building or structure or portion thereof, in which food is prepared and served for pay to any person not residing on the premises.
RETAIL BUSINESS. An establishment where goods are displayed and offered for purchase directly by the intended consumer or user of such goods.
RETAIL BUSINESS. An establishment where goods are displayed and offered for purchase directly by the intended consumer or user of such goods. The words Retail Business does not include Thrift Stores or Second Hand Stores.
RETAIL FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building which is open to consumers to inspect or purchase commodities or merchandise that are on display and/or sale.
ROOMING HOUSE. A building other than an apartment, hotel, motel or motor lodge where, for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for three (3) or more persons.
SALVAGE YARD. A lot or land area where used or wrecked automobiles are bought, sold, exchanged, stored, disassembled, or handled including but not
limited to scrap iron and other metals, and rubber tires and any associated recycling of these materials. The words salvage yard include the words automobile wrecking yard but does not include junk yard.
SATELLITE DISH ANTENNA. Any parabolic or spherical antenna which receives television or other signals from orbiting satellites or other devices. This term does not include any television or communications system regulated as a public utility.
SCREENING. A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SEAMLESS BAND. A plastic or metal identification band that contains a series of letters or numbers that is permanently attached to the pigeon at birth. The band is issued by a nationally recognized birding association, and is to remain with the animal throughout its natural life.
SECONDHAND DEALER. Secondhand dealer means any person who shall engage in the business of purchasing, selling or otherwise dealing in, whether as principal or agent, secondhand articles of property. Pawnbrokers, junk dealers and precious metals dealers, for the purpose of this article, shall be not classified as secondhand dealers. The words second hand dealer includes thrift stores.
SECONDHAND PROPERTY. Secondhand property means any tangible personal property that is not new and has been previously sold or offered for sale, including, but not limited to, clothing, watches, rings and all other jewelry; appliances; plumbing and electrical fixtures; tools; bicycles; musical instruments; adding machines; copy machines; computers, and other office equipment; knives, and any other article of tangible personal property of any value.
SELF STORAGE FACILITY. A structure containing separate, individual, and private dead- storage spaces of varying sizes up to a maximum of 300 square feet which are leased or rented on individual leases for varying periods of time.
SEMIPUBLIC USE. Any use of land or buildings owned and operated by an individual, firm, corporation, lodge or club, either as a profit or nonprofit activity, for a public service or purpose. This shall include privately owned utilities, transportation, recreation, and cultural activities and services.
SHALL. Is mandatory.
SHOPPING CENTER. A commercially owned development with twenty-five thousand (25,000) gross square feet or greater of building area and with at least one hundred (100) parking spaces.
SIGN. Any device to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
(1) Signs not exceeding one (1) square foot in area and bearing only property numbers, postbox numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
(2) Flags and insignia of any governmental level except when displayed in connection with commercial promotion;
(3) Legal notices, identification, informational, or directional signs erected or required by governmental bodies;
(4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or flashing lights;
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SMALL EVENT SPACE. An assembly, gathering, or meeting space, to include clubs, lodges, recreational groups, and similar uses, containing less than five thousand (5,000) square feet of floor area, which are solely confined to indoor spaces with their occupancy being subject to applicable Building and Fire Codes. Any outside spaces will require a Special Event Permit.
STREET. In addition to the definition contained herein, a street for the purposes of this section shall be a public or private right-of-way set aside for public travel which is more than thirty (30) feet in width.
(1)
STREET RIGHT-OF-WAY LINE. The property line which bounds the-right-of-way set aside for use as a street.
(2)
STREET CENTERLINE. The midpoint between the street right-of way.
STRUCTURE. See BUILDING.
SUBMERGED LANDS. Submerged lands include, but are not limited to, tidal lands, islands, sandbars, shallow banks and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters. Privately owned submerged lands may be utilized for the calculation of density and intensity of residential and commercial development.
SWIMMING POOL. Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depths intended for recreational purposes, but not including an ornamental reflecting pool or fish pond or other type of pool regardless of size, unless it is located and designed so as to create a hazard or to be used for swimming or wading.
TERRACE. A hard, semi-hard, or improved surfaced area directly adjacent to a principal building at or within three (3) feet of the finished grade and not covered by a permanent roof.
TINY HOME ON WHEELS (THOW). A dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation. A Tiny Home on Wheels (THOW) is considered a single-family residential structure when anchored to the ground or placed on a foundation with skirting and connected to the City of Palm Bay water and sewer distribution system. A THOW must have a minimum living area of one hundred and twenty (120) square feet. A THOW must be certified to meet ANSI A119.5 standards. A THOW exceeding four hundred (400) square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label. A THOW shall only be permitted in a small planned unit development (SPUD).
TOURIST AND TRANSIENT LIVING ACCOMMODATIONS. Any place wherein tourists, transients, travelers, or persons desiring temporary residence may be provided with sleeping, sanitary or cooking facilities:
(1)
MOTEL. See MOTEL.
(2)
TOURIST COURT. A group of tourist accommodation units under one (1) ownership or on one (1) tract of land providing facilities for overnight guests or for longer periods of time, and with cooking or eating facilities within the individual units.
(3)
HOTEL. See HOTEL.
TOWNHOUSE. See DWELLING, TOWN-HOUSES.
TRAILER. Any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle.
TRAVEL TRAILER or MOBILE CAMPER. A self-powered or nonself-powered vehicle eight (8) feet or under in width and no more than thirty-five (35) feet in length capable of being towed by an ordinary vehicle upon which it is constructed, whose primary use is temporary lodging while traveling or camping and is not used for habitation except in designated areas while within the corporate limits of the city.
TRUCK FARMING. Farms where crops are grown specifically to be retailed. This is typically an operation with rows of crops that are harvested by trucks that drive between or alongside the crops.
USED or OCCUPIED. Includes the words “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used” or “occupied.”
VACANT. A building or parcel of land which is neither occupied or used or is in an inoperative state for a period of six (6) months.
VARIANCE. A variance is a relaxation of the terms of the zoning chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
WALL. A structure forming a physical barrier which is so constructed that less than fifty percent (50%) of the vertical surface is open to permit the transmission of light, air, and vision through such surface in a horizontal plane.
WAREHOUSE. A building used primarily for the storage of goods and materials.
WHOLESALE TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users; or acting as agents or brokers and buying merchandise for such individuals or companies.
XERIC LANDSCAPING. Water conservation through creative landscaping applied by following seven (7) procedures:
(1) Appropriate planning and design;
(2) Appropriate plant selection;
(3) Mulching;
(4) Efficient use of turf;
(5) Efficient irrigation;
(6) Appropriate maintenance;
(7) Improve poor soils.
YARD, REQUIRED. An open space on the same lot with a principal building which is unoccupied and unobstructed by building or structures from the ground to the sky from the property line to the setback line except as otherwise provided in this definition:
(1)
FRONT YARD, REQUIRED. The area extending across the entire width of the lot between the front lot line and the front setback line. The distance shall be measured perpendicular to the front lot line.
(2)
SIDE YARD, REQUIRED. The area extending along the side lot line from the required front yard to the required rear yard and lying between the side lot line and the side setback line. The distance to be measured perpendicular to the side property line.
(3)
REAR YARD, REQUIRED. The area extending across the entire width of the lot between the rear lot line and the rear setback line. The distance to be measured perpendicular to the rear property line.
ZERO-LOT LINE SINGLE-FAMILY DETACHED DEVELOPMENTS. Residential developments of single-family detached dwelling units where the dwelling units are placed on one (1) side lot line, but where no two (2) dwelling units share a common side lot line and which meet all requirements of this chapter.
('74 Code, § 25-41) (Ord. 89-08, passed 4-27-89; Am. Ord. 92-26, passed 8-25-92; Am. Ord. 94-04, passed 2-17-94; Am. Ord. 94-17, passed 7-7-94; Am. Ord. 95-44, passed 11-2-95; Am. Ord. 98-31, passed 9-17-98; Am. Ord. 2004-02, passed 1-22-04; Am. Ord. 2005-23, passed 6-20-05; Am. Ord. 2008-42, passed 6-5-08; Am. Ord. 2010-41, passed 9-16-10; Am. Ord. 2011-26, passed 4-7-11; Am. Ord. 2013-10, passed 2-21-13; Am. Ord. 2014-10, passed 4-17-14; Am. Ord. 2015-59, passed 12-1-15; Am. Ord. 2016-17, passed 4-21-16; Am. Ord. 2016-28, passed 5-19-16; Am. Ord. 2016-75, passed 11-17-16; Am. Ord. 2016-76, passed 11-17-16; Am. Ord. 2016-88, passed 12-15-16; Am. Ord. 2018-44, passed 10-4-18; Am. Ord. 2020-13, passed 6-4-20; Am. Ord. 2020-46, passed 8-20-20; Am. Ord. 2020-67, passed 11-5-20; Am. Ord. 2023-12, passed 3-16-23; Am. Ord. 2023-79, passed 9-7-23; Am. Ord. 2023-100, passed 11-2- 23)