Indian Harbour Beach Ordinance 2026-15: Planning and Zoning Board Review of Accessory Structure Rules on October 28

The Indian Harbour Beach Planning and Zoning Board meets on Wednesday, October 28, 2026, at 7:00 p.m. at Gleason Park Recreation Center. Item 7.a under New Business is Ordinance No. 2026-15, the Accessory Structures Code Amendment. The ordinance would strike the city's current rules for accessory structures and replace them with new text. City staff asks the board to consider recommending approval. The board's vote is a recommendation. The City Council would decide whether to adopt the ordinance. The agenda asks anyone who wants to be heard to appear in person or send written comments to the City Clerk.

What Ordinance 2026-15 Would Change

The staff report states that city staff have had difficulty interpreting the accessory structure rules. Staff proposes changes to clarify the code and allow greater flexibility consistent with the community's expressed preferences.

The ordinance amends the zoning code in Appendix A of the City Code. It changes the definitions in Article V and three sections of Article XIII. Section 6 would be retitled "Accessory structures." Section 13 would become "Swimming pools and swimming pool enclosures." Section 19 would become "Regulations for marine improvements."

The staff report lists the main changes:

• The current accessory structures text is struck and replaced with new text on the number, location and type of structures.

• Accessory structures on most properties are regulated based on property size.

• Separation requirements between structures are reduced. The staff report notes that the Florida Building Code still applies and can be more stringent.

• Swimming pools, pool enclosures and marine improvements such as docks and piers are regulated separately elsewhere in the code.

The Current Rules the Ordinance Would Replace

The packet shows the current Section 6 text in strikethrough. Under that text, only one accessory structure may be installed on any lot or combination of lots where the main building sits. No accessory structure may be built in a required front or side yard. None may cover more than 35 percent of a required rear yard. Accessory structures must be at least 10 feet from any building on the same lot.

A structure of 250 square feet or less may be no closer than five feet to any lot line and no taller than 12 feet. A larger structure must meet the principal building's yard requirements. It may not exceed 900 square feet or 16 feet in height.

New Limits on Number, Size, Height and Setbacks

The new Section 6 sets a height limit of 16 feet for residential accessory structures and 24 feet for non-residential ones. It then sets these limits outside the P-1 and P-2 districts:

• Residential lots under half an acre: up to three structures, 600 square feet each, 900 square feet total.

• Residential lots of half an acre to under one acre: up to four structures, 600 square feet each, 1,200 square feet total.

• Residential lots of one acre or more: up to five structures, 900 square feet each, 1,500 square feet total.

• Non-residential districts: up to three structures, 600 square feet each. The total is the greater of 900 square feet or 10 percent of the principal structure area, up to 2,000 square feet.

On properties zoned P-1 or P-2, there is no limit on the number of accessory structures. They must be smaller in size and scale than the principal structure or use. In all districts, no accessory structure may cover more than 35 percent of a required rear yard. Accessory structures also count toward the impervious surface area ratio and stormwater runoff calculations.

Front and side corner setbacks would follow the zoning district. For structures of 250 square feet or less, the side and rear setbacks would be five feet or the district setback, whichever is less. Larger structures would meet the district's side and rear setbacks. Accessory structures would need to be at least five feet from any building on the same lot. A structure attached to the principal structure by a breezeway, common load bearing wall or common roof would become part of the principal structure, except for a pool enclosure.

No accessory structure could sit on an easement unless the easement expressly allows it and the setbacks are met.

A building permit is required unless state law exempts the work. Engineered plans are required, except for structures under 250 square feet and unattached structures with tops that allow air flow. Living units are prohibited except in certain non-residential districts. No business may operate in an accessory structure, except a medical facility during a power outage caused by an act of God. Tents are prohibited.

Pools, Garden Amenities, Fences and Docks

The new Section 6 lists several exceptions:

• Existing sheds on an existing concrete pad may be replaced in the same location if the square footage does not increase and the site is not in a government owned or public drainage or utility easement.

• Swimming pools and pool enclosures do not count toward the maximum number of structures.

• Garden amenities such as pergolas, arbors and trellises do not count toward the maximum number. They may be placed in front of the principal structure if they meet the front yard setback.

• Fences and walls used as a buffer do not count and do not have to meet these setbacks.

• Docks, piers and other marine improvements are regulated under Section 19.

The revised Section 13 states that pools are measured at the water's edge for setbacks. It adds a 7.5 foot side and side corner setback for pools. Pool enclosures would be allowed no closer than five feet to the side, side corner or rear property lines. Section 19 would define "marine improvement" to cover docks, piers, boathouses, boardwalks, covered boat docks, boat lifts and similar structures.

What It Means for Property Owners and Businesses

For residential property owners, the draft replaces the one structure limit with limits based on lot size. Owners of existing sheds on concrete pads would have a replacement exception. Owners of non-residential property would have their own limits.

The business impact estimate states that, as of October 20, 2026, there were 440 businesses with physical locations in the city. That count includes 112 home businesses.

The October 28 Hearing and the City Council's Role

The ordinance states that the Planning and Zoning Board sits as the Local Planning Agency for this review. The City Council enacts the ordinance. The ordinance would take effect 30 days after passage by the City Council. The packet does not list a City Council meeting date.

The agenda states that anyone who appeals a City Council decision may need a verbatim record of the proceedings. Anyone who needs a special accommodation under the Americans with Disabilities Act should contact the City Clerk at 321-773-3181 at least 48 hours before the meeting.

The board will consider recommending approval of Ordinance No. 2026-15 related to accessory structures. Anyone who wants to be heard can appear in person or send written comments to the City Clerk. The meeting is Wednesday, October 28, 2026, at 7:00 p.m., Gleason Park Recreation Center, 1233 Yacht Club Blvd., Indian Harbour Beach.