Planning & Zoning Meeting at 7:00 pm (Special Date) — Packet

PLANNING AND ZONING BOARD MEETING City of Indian Harbour Beach, Florida Wednesday, October 28, 2026, at 7:00 PM Gleason Park Recreation Center | 1233 Yacht Club Blvd. AGENDA Planning & Zoning Board Bruce Moia – Chair Jose Fuenmayor – Board Member Dan Green – Board Member Veronica Selivanova – Board Member Scott Syring – Board Member Linda Jimeian – Alternate Member Staff David Wiles – Building Official Maria Lalonde – Administrative Assistant 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION 3. ROLL CALL 4. ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA 5. APPROVAL OF MINUTES a. June 3, 2026 Meeting Minutes 6. OLD BUSINESS 7. NEW BUSINESS a. Ordinance No. 2026-15 - Accessory Structures Code Amendment 8. BOARD MEMBER COMMENTS 9. ADJOURN PLEASE NOTE: TWO OR MORE CITY COUNCIL MEMBERS MAY BE PRESENT IN THE AUDIENCE.

Planning and Zoning Board Agenda October 28, 2026 ALL PERSONS WISHING TO BE HEARD SHOULD APPEAR IN PERSON AT THESE HEARINGS OR SEND WRITTEN COMMENTS TO THE CITY CLERK. ALL PERSONS AND PARTIES ARE HEREBY ADVISED THAT IF THEY SHOULD DECIDE TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC MEETING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. FSS 286.0105. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY CLERK AT 321-773-3181 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.

PLANNING AND ZONING BOARD MEETING City of Indian Harbour Beach, Florida Wednesday, June 3, 2026, at 7:00 PM City Hall Council Chamber | 2055 South Patrick Drive MEETING MINUTES Planning & Zoning Board Bruce Moia – Chair Jose Fuenmayor – Board Member Dan Green – Board Member Veronica Selivanova – Board Member Scott Syring – Board Member Linda Jimeian – Alternate Member Staff David Wiles – Building Official Maria Lalonde – Administrative Assistant 1. CALL TO ORDER Board Member Syring called the meeting to order at 7:00 pm. 2. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION 3. ROLL CALL Present: Board Member Syring, Board Member Fuenmayor, Board Member Green, and Alternate Member Jimeian. Absent: Chairperson Moia, Board Member Selivanova, and School Board Member Hughes. Staff in Attendance: Building Official Wiles and Administrative Assistant Lalonde. 4. ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA None. 5. APPROVAL OF MINUTES a. Planning & Zoning Meeting 05-06-2026 Motion by Board Member Syring to approve the May 6, 2026, meeting minutes, seconded by Board Member Green, carried 3-0. 6. OLD BUSINESS a. Ordinance No. 2026-07: Storage of watercraft and watercraft trailers • City Manager Coffey provided a background of the Ordinance. • Board Member Syring opened the meeting to the public. The following people

Planning and Zoning Board Minutes June 3, 2026 spoke: o Kalli Litchfield: 938 Flotilla Club Dr o Devon Batchellor: 920 Golden Beach Blvd o Lane Burney: 1234 Seminole Dr o David Nutt Sr.: 645 Desoto Ln o Todd Alspaugh: 1214 Yacht Club Blvd o Benjamin Sullins: 921 Golden Beach Blvd. • Motion by Board Member Green to disapprove the Ordinance, seconded by Board Member Fuenmayor, carried 3-0. b. Ordinance No. 2026-06: P-2 zoning code amendment Planning Consultant Kelly Delmonica gave a presentation about the Ordinance. Board Member Syring opened the meeting to the public: No speakers. Motion by Board Member Green to approve the ordinance, seconded by Board Member Fuenmayor, carried 3-0. 7. NEW BUSINESS a. Ordinance No. 2026-09: Comprehensive Plan Update and Ordinance No. 2026-10: Water Supply Facilities Work Plan 2026-2036 Presentation by RVI Planning. Motion by Board Member Green to approve with modifications referencing vacation rental section, seconded by Board Member Fuenmayor, carried 3-0. 8. BOARD MEMBER COMMENTS None. 9. ADJOURN The meeting was adjourned at 8:24 pm. X_______________________ Chairperson/Board Member

PLANNING AND ZONING BOARD City of Indian Harbour Beach, Florida Wednesday, October 28, 2026 AGENDA ITEM Ordinance No. 2026-15 - Accessory Structures Code Amendment Cost: N/A Attachments: Ordinance 2026-15 - Accessory Structures 28Oct26 Ordinance 2026-15 Business Impact Estimate 28Oct26 Staff Recommendation: Based on the findings in this agenda item, consider recommending approval of Ordinance No. 2026-15 related to accessory structures. Background Information: City staff have encountered difficulty interpreting the accessory structure regulations and propose amendments to clarify the code and allow greater flexibility consistent with the community’s expressed preferences. Text Amendments To summarize the proposed code amendments: • Strikes existing accessory structures code and replaces it with new text that expands upon and clarifies current regulations related to the number of, location, and type of structures • Regulates accessory structures for most properties based on property size • Provides definitions for new terms used in the amendment and in the code • Reduces structure separation requirements (Florida Building Code still applies and can be more stringent) • Clarifies that swimming pools, swimming pool enclosures, and marine improvements (like docks and piers) are separately regulated elsewhere in the code By establishing clear physical parameters for accessory and marine structures while prioritizing stormwater infiltration and waterway health, the ordinance aligns with the Comprehensive Plan's vision for managed, compatible, and environmentally conscious residential growth.

Findings of Consistency The proposed code amendment is consistent and compatible with the adopted Comprehensive Plan and aligns with the goals, objectives, and policies of the City. The proposed code establishes clear limitations on the height, number, and maximum square footage of accessory structures based on lot size and zoning district. It requires accessory structures to meet specific front, side, and rear yard setbacks, and mandates a minimum five-foot separation from the principal building. These regulatory updates are consistent with the following Comprehensive Plan provisions: Comprehensive Plan Citation Text Consistency Rationale Land Use Goal The overall future land use goal for the City of Indian Harbour Beach is to maintain community character through a viable predominantly residential community supported by adequate business services and small light industrial uses. The amendments support the overarching land use goal to maintain community character through a viable, predominantly residential community. Policy LU-3.2 & Policy LU-3.4 The City shall continue to require new development to be compatible with adjacent land uses. And The City shall continue to strive to reduce, eliminate, or prevent existing or proposed land uses which are clearly incompatible with the primarily residential character of the community through the application of principles, criteria, and regulations contained in the Comprehensive Plan and applicable portions of the City Code. Limiting the scale and prohibiting commercial or independent residential use of these accessory structures ensures that new development remains compatible with adjacent land uses and prevents activities that are incompatible with the primarily residential character of the community. Policy CM-8.3 The City shall maximize unpaved landscape to ease stormwater infiltration. The City will utilize native landscaping methods which emphasize salt tolerance and water-absorbing vegetation. The City will implement landscaping programs through its local development review process, establishing meaningful standards and salient guidelines to promote vegetation that is highly water absorbent to withstand the marine environment and the impacts of tropical winds. By capping lot coverage and limiting impervious materials in yard setbacks, the amendment actively maximizes unpaved landscape to ease stormwater infiltration. Policy CM-1.9 The City shall use its Land Development Regulations, which The proposed standards represent a direct

include stormwater runoff requirements, wetlands protection and identification, land clearing and tree protection, and coastal construction control line provisions, to limit specific and cumulative impacts on natural resources. application of Land Development Regulations to limit specific and cumulative impacts on natural resources by managing stormwater runoff. Policy LU-1.3 The City shall continue to require developers to provide for the following on-site infrastructure improvements for their projects: drainage and stormwater management, open space, safe and convenient traffic flow, and vehicle parking. Tracking the impervious surface area of accessory structures ensures developers provide adequate on-site infrastructure improvements for drainage and stormwater management. Business Impact Statement See attached.

ORDINANCE NO. 2026-15 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, FLORIDA, RELATING TO REGULATION OF ACCESSORY STRUCTURES; MAKING FINDINGS; AMENDING APPENDIX A OF THE CITY CODE, ENTITLED “ZONING”; AMENDING ARTICLE V, DEFINITIONS; AMENDING ARTICLE XIII, SUPPLEMENTARY DISTRICT REGULATIONS; AMENDING SECTION 6, ACCESSORY STRUCTURES FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES; REVISING THE SECTION TITLE TO READ “ACCESSORY STRUCTURES”; AMENDING SECTION 13, SWIMMING POOLS; REVISING THE SECTION TITLE TO READ “SWIMMING POOLS AND SWIMMING POOL ENCLOSURES”; AMENDING SECTION 19, REGULATIONS FOR DOCKS AND PIERS; REVISING THE SECTION TITLE TO READ “REGULATIONS FOR MARINE IMPROVEMENTS”; PROVIDING FOR SEVERABILITY; REPEAL AND CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Appendix A, Article XIII of the City Code presently regulates accessory structures, swimming pools, and docks and piers through separate supplementary district regulations, and the City Council finds that those provisions should be clarified and updated to provide standards for their size, number, height, location, setbacks, permitting, and use; and WHEREAS, the City Council finds that distinguishing accessory structures from swimming pools, swimming pool enclosures, garden amenities, fences and walls, and marine improvements, and establishing clear and proportional development standards for each, will improve administration and enforcement of the City's zoning regulations while protecting neighboring properties, drainage and utility easements, waterfront improvements, and the public health, safety, welfare, and aesthetics of the community; and WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency, reviewed the proposed amendments as outlined in this ordinance at its meeting on October 28, 2026, conducted a public hearing with regard to the proposed amendments, and found the same to be consistent with the City of Indian Harbour Beach Comprehensive Plan; and WHEREAS, the City Council hereby adopts the findings of the Planning and Zoning Board as its own and finds the proposed amendments to be in the promotion of the public health, safety, welfare, morals, public order, and aesthetics of the community and the region. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF INDIAN HARBOUR BEACH, FLORIDA as follows:

Page 2 SECTION 1. Article V of Appendix A of the Code of Ordinances of the City is hereby amended and shall read as follows: “Article V. Definitions. For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows: * * * * * Swimming pool. Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and one hundred fifty (150) square feet or more of water surface area, intended for recreational purposes, including a wading pool, 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. Swimming pool enclosure. Any structure having screen walls and a screen roof over a swimming pool. Terrace. (See Patio.) * * * * * Yard. An open space on the same lot with a principal building, unoccupied and unobstructed by buildings or roofed structures from the ground to the sky, except as otherwise provided in this ordinance. (1) Front yard: The yard extending across the entire width of the lot frontage between the front lot line and the nearest part of a principal building, including covered porches, sheds, and carports. Said distance shall be the shortest distance between the structure and the front lot line. (2) Side yard: The yard extending along the side lot line from the front yard to the rear yard, and lying between the side lot line and the nearest part of the principal building, including covered porches, sheds, carports, and storage areas. (3) Side corner yard: An area that extends across the side of a corner lot between the principal building and the secondary street right-of-way line, and being is the horizontal distance between the principal building and the right-of-way line. (4) Rear yard: The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building, including covered porches, sheds, carports, garages, and storage areas. SECTION 2. Section 6 of Article XIII of Appendix A of the Code of Ordinances of the City is hereby amended and shall be titled and read as follows: “Sec. 6. Accessory structures for residential and non-residential properties. (A) Height restrictions. (1) Non-residential: 24 feet maximum.

Page 3 (2) Residential: 16 feet maximum. (B) Number and size allowances. (1) Residential and non-residential zoning districts, not including P-1 and P-2: Residential zoning districts Lots less than 0.5 acres Lots 0.5 acres or greater, but less than one acre Lots one acre or greater Non-residential zoning districts Maximum number of accessory structures* Three Four Five Three Maximum square footage of an accessory structure 600 600 900 600 Maximum square footage of all accessory structures on a lot 900 1,200 1,500 Whichever is greater of: (a) 900 square feet; or (b) 10% of the principal structure area, not to exceed 2,000 square feet *Garden amenities, such as pergolas, arbors, and trellises, shall be exempt from this requirement. (2) Properties zoned P-1 or P-2. Accessory structures shall be smaller in size and scale to the principal structure(s) or use(s). There is no limit to the maximum number of accessory structures allowed. (3) No accessory structure shall cover more than 35 percent of any required rear yard. (4) The size of accessory structures in all districts shall be additionally limited by and included in the calculations of the impervious surface area ratio and storm water runoff. (C) Permits. Unless otherwise exempt by state law, a building permit shall be required before construction or placement can take place. Accessory structures must be constructed simultaneously with, or following, the construction of the principal structure or use, and shall not be used until after the principal structure has been fully erected and a certificate of occupancy or its equivalent has been issued. Permits for accessory structures shall be accompanied by engineered plans or drawings by an engineer licensed in the State of Florida, plus an electronic copy. Engineered plans or drawings are not required for accessory structures less than 250 square feet in size or for structures that are not attached to the principal structure and where the top of the structure allows air flow through the top, but must comply with Florida Building Code.

Page 4 (D) Use and structure restrictions. (1) The use shall be clearly incidental to the use of the principal building, and shall comply with all other city regulations. No accessory structure shall be used for activities not permitted in the zoning district. (2) Living units shall be prohibited within accessory structures, except where allowed in certain non-residential zoning districts. (3) No occupation or business shall be conducted in an accessory structure, ; however, any medical facility which offers services to human beings or animals that suffers a power outage due to an act of God may perform its medical services from an accessory structure during such time as there is no power to the principal structure. Power to the accessory structure, during the time of such power outage, shall be supplied by a city-approved back-up power source and for as long as power is not restored to the principal structure. No such accessory structure use shall be used for overnight patient stays. (4) Erection of tents as accessory structures shall be prohibited. (E) Setback and location requirements. When an accessory structure is attached to a principal structure by a breezeway, common load bearing wall, or common roof, it shall become a part of the principal structure and shall be subject to the required setbacks and other requirements applicable to the principal structure, with the exception of a swimming pool enclosure. Unless otherwise provided for in standards for specific accessory uses and structures, the following setback and location requirements shall apply: (1) Front yard setback: The required front yard setback of the zoning district. (2) Side corner setback: The required side corner yard setback of the zoning district. (3) Side yard setback: a. For structures 250 square feet or less: Five feet or the side yard setback of the zoning district, whichever is less. b. For structures greater than 250 square feet: The required side yard setback of the zoning district. (4) Rear yard setback: a. For structures 250 square feet or less: Five feet or the rear yard setback of the zoning district, whichever is less. b. For structures greater than 250 square feet: The required rear yard setback of the zoning district. (5) Easements: No accessory structure shall be constructed or placed on an easement, unless the easement expressly permits the accessory structure to be constructed or placed on the easement property and the required setbacks set forth herein are satisfied. If an easement exists along the boundary of the lot where the accessory building is to be located, and the width of the

Page 5 easement is greater than the setback addressed above, then the interior easement boundary shall constitute the required minimum setback. (6) Landscape buffers: No accessory structure shall be located within any required landscape buffer. (F) Structure separation. Accessory structures shall be separated by no less than five (5) feet from any building on the same lot. (G) Exceptions. (1) Existing sheds. Existing sheds on an existing concrete pad may be replaced in the same location as long as no increase in square footage occurs, and the existing location is not within a government-owned or public drainage or utility easement, notwithstanding the provisions of Appendix A, Article XI related to nonconformities. (2) Swimming pools and swimming pool enclosures. Swimming pools and swimming pool enclosures shall not count toward the maximum number of allowed accessory structures. (3) Garden amenities. Garden amenities such as pergolas, arbors, and trellises do not count toward the maximum number of accessory structures allowed on a property, and are allowed to be located in front of the principal structure, as long as they meet the front yard setback. (4) Fences and walls. This section is not intended to apply to fences or walls used as a buffer. They shall not count toward the maximum number of allowed accessory structures and are not required to meet these setback requirements. (5) Marine improvements. This section is not intended to apply to marine improvements, such as docks and piers, which is separately regulated under Section 19. (A) Unless otherwise provided in this section or a particular zoning category, all accessory structures located in any residential or non-residential zoning category shall comply with this subsection. No accessory structure shall be located within any required landscaping buffers. No accessory structure shall be erected in any required front or side yard, and no accessory structure shall cover more than thirty- five (35) percent of any required rear yard. No accessory structures shall be constructed or located within ten (10) feet of any building on the same lot, and accessory structures two hundred fifty (250) square feet or less in size may be erected no closer than five (5) feet of any lot line and shall not exceed twelve (12) feet in height. Accessory structures greater than two hundred fifty (250) square feet in size shall meet the yard requirements of the principal building. Only one accessory structure may be installed on any lot or combination of lots upon which the main building sits. An accessory structure shall be constructed simultaneously with, or following, the construction of the main building, and shall not be used until after the principal building has been fully erected and a certificate of occupancy or its equivalent has been issued. Accessory structures greater than two hundred fifty (250) square feet in size shall not exceed 900 square feet in overall size and may not exceed sixteen (16) feet in height. Erection of tents as accessory structures

Page 6 shall be prohibited. Permits for accessory structures shall be accompanied by engineered plans or drawings by an engineer licensed in the State of Florida, plus one electronic disk. (B) Exceptions. (1) Notwithstanding the foregoing restriction against using the accessory structure for occupational or business purposes, any medical facility which offers services to human beings or animals that suffers a power outage due to an act of God may perform its medical services from an accessory structure during such time as there is no power to the principal structure. Power to the accessory structure, during the time of such power outage, shall be supplied by a city approved back-up power source and for as long as power is not restored to the principal structure. No such accessory structure use shall be used for overnight patient stays. (2) No accessory structure which contains living quarters shall be built on any lot in any zoning district. (3) No occupation or business shall be conducted in an accessory structure. (4) The engineering requirements of this section shall not apply to any structure which is not attached to the primary building and where the top of said structure allows air to flow through the top. However, a permit for the construction of said structure shall be required. (5) Accessory structures two hundred fifty (250) square feet or less in size do not need engineering design drawings, but must comply with the Florida Building Code.” SECTION 3. Section 13 of Article XIII of Appendix A of the Code of Ordinances of the City is hereby amended and shall be titled and read as follows: “Sec. 13. Swimming pools and swimming pool enclosures. Swimming pools and pool enclosures shall not be considered as an accessory use, but and shall conform to the requirements of an accessory structure, if not otherwise exceptedthisshall conform to the requirements of an accessory structure, if not otherwise excepted in this section. All such pools and enclosures shall be installed to city requirements and a city permit shall be issued by the building official prior to construction or installation. Commercial swimming pools are prohibited in all residential districts. For setback purposes, swimming pools are measured at the water’s edge. Swimming pools shall not be constructed within five (5) feet off a load-bearing wall unless an engineer’s certification is included with the building permit, which would allow the pool to be setback no less than three (3) feet from the wall. Swimming pools shall not be constructed or within ten (10) feet of an overhead power line, and no pool shall be constructed underneath an overhead power line. In the rear yard, a seven-and-one- half- (7.5) foot setback from the rear lot line is required; except on waterfront lots, the vertical wall water’s edge of any swimming pool may not be built closer than fifteen (15) feet to the rear lot line unless it is determined through analysis by a certified engineer

Page 7 that such construction shall not be harmful to the seawall. In the side or side corner yard, the setback shall be 7.5 feet. All swimming pools shall be completely enclosed with an approved wall, fence, or other substantial structure not less than four (4) feet in height or have a screen enclosure prior to final inspection; however, said enclosure shall not be constructed so as to provide foot-holdsfootholds that would permit the enclosure easily to beto be easily climbed over. The setback requirements for pools shall apply to the type of enclosure utilized. For the purpose of this section, screened pool enclosures shall be defined as any structure having screen walls and a screen roof over a swimming pool. Screened Swimming pool enclosures shall not exceed thirty-five (35) feet in height. Such height shall be measured in a vertical distance from the top of the pool deck upon which the screened pool enclosure is attached to the highest point of the screened pool enclosure. Under no circumstances shall a permitted screened pool enclosure be converted into another type of room having alternative walls and/or a hard, covered roof unless the conversion is within the required setbacks of the principal structure. Swimming pool enclosures shall be permitted not less than five (5) feet from the side, side corner, or rear property lines. No construction of swimming pools, pool enclosures, or concrete pool decks shall be permitted upon or within any public easement or easement reserved for utility purposes.” SECTION 4. Section 13 of Article XIII of Appendix A of the Code of Ordinances of the City is hereby amended and shall be titled and read as follows: “Sec. 19. Regulations for docks and piers marine improvements. (a) Purpose and intent. The provisions of this section are intended to regulate the size and location of boathouses, docks, and piers located in waterways, canals, public drainage easements, and drainage rights-of-way in all residential zoning classifications in the city. This section also provides minimum structural standards for the construction of residential boat docks and piers. (b) Definitions. As used in this section, the following terms shall have the following definitions: * * * * * (9) Length of a dock or pier shall mean the distance from the mean high water line at the landward end or landward side of such dock or pier to that point on the dock or pier nearest the center of the waterway in which such dock or pier is located. (10) Marine improvement. Docks, piers, boathouses, boardwalks, covered boat docks, boat lifts, and similar structures. (11) Navigation channel shall mean that part of any artificial waterway which consists of the center forty (40) percent of the width of such waterway.

Page 8 (12) Waterway shall be a collective term, including any artificial waterway and the Banana River. (13) Watercraft shall mean any ship, vessel, boat, yacht, raft, barge, houseboat or other floating structure. (14) Width of an artificial waterway shall mean the distance measured perpendicular to the centerline of such artificial waterway from the mean high water line on one side thereof to the mean high water line on the opposite side thereof. If either shore of an artificial waterway consists of a bulkhead, the width of such waterway shall be measured from the bulkhead.” * * * * * SECTION 5. SEVERABILITY. If any provisions of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. INCORPORATION INTO CODE. This Ordinance shall be incorporated into the City of Indian Harbour Beach Code of Ordinances, and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected, and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the Code, may be made. SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective thirty days following passage by the City Council, to allow the city to obtain and install the signage required by Florida Statutes Chapter 316.212. PASSED AND ADOPTED this____ day of ____________ 2026. ATTEST: X Scott Nickle Mayor

Page 9 X Nikki Gold City Clerk

Indian Harbour Beach Business Impact Estimate 1 | P a g e This estimate shall be posted on the City’s website no later than the date the required notice is published in accordance with F.S. 166.041(3)(a). Proposed ordinance’s title/reference: ORDINANCE NO. 2026-15 AN RDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, FLORIDA, RELATING TO REGULATION OF ACCESSORY STRUCTURES; MAKING FINDINGS; AMENDING APPENDIX A OF THE CITY CODE, ENTITLED “ZONING”; AMENDING ARTICLE V, DEFINITIONS; AMENDING ARTICLE XIII, SUPPLEMENTARY DISTRICT REGULATIONS; AMENDING SECTION 6, ACCESSORY STRUCTURES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES; REVISING THE SECTION TITLE TO READ “ACCESSORY STRUCTURES”; AMENDING SECTION 13, SWIMMING POOLS; REVISING THE SECTION TITLE TO READ “SWIMMING POOLS AND SWIMMING POOL ENCLOSURES”; AMENDING SECTION 19, REGULATIONS FOR DOCKS AND PIERS; REVISING THE SECTION TITLE TO READ “REGULATIONS FOR MARINE IMPROVEMENTS”; PROVIDING FOR SEVERABILITY; REPEAL AND CODIFICATION; PROVIDING AN EFFECTIVE DATE. In accordance with F.S. 166.041(4)(c) and related to the above proposed ordinance and a requirement for a Business Impact Estimate (select one): ☐ No exceptions apply, see Business Impact Estimate below ☐ Exception(s) apply, however, the city has completed a Business Impact Estimate below to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance ☐ Exception(s) apply and a Business Impact Estimate is not required Mark any exceptions (select all that apply, or none): ☐ Ordinance is required for compliance with federal or state law or regulation ☐ Ordinance relates to the issuance or refinancing of debt ☐ Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget ☐ Ordinance is required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by the city ☐ Ordinance is an emergency ordinance ☐ Ordinance relates to procurement ☐ Ordinance enacted to implement: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits;

Indian Harbour Beach Business Impact Estimate 2 | P a g e b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare of the city): Response: N/A 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the city, including the following, if any: a. An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted; b. Identification of any new charge or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and c. An estimate of the municipality’s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. Response: N/A 3. Good faith estimate of the number of businesses in the city likely to be impacted by the proposed ordinance: Response: As of October 20, 2026, there were 440 businesses (including 112 home businesses) with physical locations in the City. 7. Additional information the city determines may be useful: Response: N/A

PLANNING AND ZONING BOARD MEETING City of Indian Harbour Beach, Florida Wednesday, October 28, 2026, at 7:00 PM Gleason Park Recreation Center | 1233 Yacht Club Blvd. AGENDA Planning & Zoning Board Bruce Moia – Chair Jose Fuenmayor – Board Member Dan Green – Board Member Veronica Selivanova – Board Member Scott Syring – Board Member Linda Jimeian – Alternate Member Staff David Wiles – Building Official Maria Lalonde – Administrative Assistant 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION 3. ROLL CALL 4. ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA 5. APPROVAL OF MINUTES a. June 3, 2026 Meeting Minutes 6. OLD BUSINESS 7. NEW BUSINESS a. Ordinance No. 2026-15 - Accessory Structures Code Amendment 8. BOARD MEMBER COMMENTS 9. ADJOURN PLEASE NOTE: TWO OR MORE CITY COUNCIL MEMBERS MAY BE PRESENT IN THE AUDIENCE.

Planning and Zoning Board Agenda October 28, 2026 ALL PERSONS WISHING TO BE HEARD SHOULD APPEAR IN PERSON AT THESE HEARINGS OR SEND WRITTEN COMMENTS TO THE CITY CLERK. ALL PERSONS AND PARTIES ARE HEREBY ADVISED THAT IF THEY SHOULD DECIDE TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC MEETING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. FSS 286.0105. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY CLERK AT 321-773-3181 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.

PLANNING AND ZONING BOARD MEETING City of Indian Harbour Beach, Florida Wednesday, June 3, 2026, at 7:00 PM City Hall Council Chamber | 2055 South Patrick Drive MEETING MINUTES Planning & Zoning Board Bruce Moia – Chair Jose Fuenmayor – Board Member Dan Green – Board Member Veronica Selivanova – Board Member Scott Syring – Board Member Linda Jimeian – Alternate Member Staff David Wiles – Building Official Maria Lalonde – Administrative Assistant 1. CALL TO ORDER Board Member Syring called the meeting to order at 7:00 pm. 2. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION 3. ROLL CALL Present: Board Member Syring, Board Member Fuenmayor, Board Member Green, and Alternate Member Jimeian. Absent: Chairperson Moia, Board Member Selivanova, and School Board Member Hughes. Staff in Attendance: Building Official Wiles and Administrative Assistant Lalonde. 4. ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA None. 5. APPROVAL OF MINUTES a. Planning & Zoning Meeting 05-06-2026 Motion by Board Member Syring to approve the May 6, 2026, meeting minutes, seconded by Board Member Green, carried 3-0. 6. OLD BUSINESS a. Ordinance No. 2026-07: Storage of watercraft and watercraft trailers • City Manager Coffey provided a background of the Ordinance. • Board Member Syring opened the meeting to the public. The following people

Planning and Zoning Board Minutes June 3, 2026 spoke: o Kalli Litchfield: 938 Flotilla Club Dr o Devon Batchellor: 920 Golden Beach Blvd o Lane Burney: 1234 Seminole Dr o David Nutt Sr.: 645 Desoto Ln o Todd Alspaugh: 1214 Yacht Club Blvd o Benjamin Sullins: 921 Golden Beach Blvd. • Motion by Board Member Green to disapprove the Ordinance, seconded by Board Member Fuenmayor, carried 3-0. b. Ordinance No. 2026-06: P-2 zoning code amendment Planning Consultant Kelly Delmonica gave a presentation about the Ordinance. Board Member Syring opened the meeting to the public: No speakers. Motion by Board Member Green to approve the ordinance, seconded by Board Member Fuenmayor, carried 3-0. 7. NEW BUSINESS a. Ordinance No. 2026-09: Comprehensive Plan Update and Ordinance No. 2026-10: Water Supply Facilities Work Plan 2026-2036 Presentation by RVI Planning. Motion by Board Member Green to approve with modifications referencing vacation rental section, seconded by Board Member Fuenmayor, carried 3-0. 8. BOARD MEMBER COMMENTS None. 9. ADJOURN The meeting was adjourned at 8:24 pm. X_______________________ Chairperson/Board Member

PLANNING AND ZONING BOARD City of Indian Harbour Beach, Florida Wednesday, October 28, 2026 AGENDA ITEM Ordinance No. 2026-15 - Accessory Structures Code Amendment Cost: N/A Attachments: Ordinance 2026-15 - Accessory Structures 28Oct26 Ordinance 2026-15 Business Impact Estimate 28Oct26 Staff Recommendation: Based on the findings in this agenda item, consider recommending approval of Ordinance No. 2026-15 related to accessory structures. Background Information: City staff have encountered difficulty interpreting the accessory structure regulations and propose amendments to clarify the code and allow greater flexibility consistent with the community’s expressed preferences. Text Amendments To summarize the proposed code amendments: • Strikes existing accessory structures code and replaces it with new text that expands upon and clarifies current regulations related to the number of, location, and type of structures • Regulates accessory structures for most properties based on property size • Provides definitions for new terms used in the amendment and in the code • Reduces structure separation requirements (Florida Building Code still applies and can be more stringent) • Clarifies that swimming pools, swimming pool enclosures, and marine improvements (like docks and piers) are separately regulated elsewhere in the code By establishing clear physical parameters for accessory and marine structures while prioritizing stormwater infiltration and waterway health, the ordinance aligns with the Comprehensive Plan's vision for managed, compatible, and environmentally conscious residential growth.

Findings of Consistency The proposed code amendment is consistent and compatible with the adopted Comprehensive Plan and aligns with the goals, objectives, and policies of the City. The proposed code establishes clear limitations on the height, number, and maximum square footage of accessory structures based on lot size and zoning district. It requires accessory structures to meet specific front, side, and rear yard setbacks, and mandates a minimum five-foot separation from the principal building. These regulatory updates are consistent with the following Comprehensive Plan provisions: Comprehensive Plan Citation Text Consistency Rationale Land Use Goal The overall future land use goal for the City of Indian Harbour Beach is to maintain community character through a viable predominantly residential community supported by adequate business services and small light industrial uses. The amendments support the overarching land use goal to maintain community character through a viable, predominantly residential community. Policy LU-3.2 & Policy LU-3.4 The City shall continue to require new development to be compatible with adjacent land uses. And The City shall continue to strive to reduce, eliminate, or prevent existing or proposed land uses which are clearly incompatible with the primarily residential character of the community through the application of principles, criteria, and regulations contained in the Comprehensive Plan and applicable portions of the City Code. Limiting the scale and prohibiting commercial or independent residential use of these accessory structures ensures that new development remains compatible with adjacent land uses and prevents activities that are incompatible with the primarily residential character of the community. Policy CM-8.3 The City shall maximize unpaved landscape to ease stormwater infiltration. The City will utilize native landscaping methods which emphasize salt tolerance and water-absorbing vegetation. The City will implement landscaping programs through its local development review process, establishing meaningful standards and salient guidelines to promote vegetation that is highly water absorbent to withstand the marine environment and the impacts of tropical winds. By capping lot coverage and limiting impervious materials in yard setbacks, the amendment actively maximizes unpaved landscape to ease stormwater infiltration. Policy CM-1.9 The City shall use its Land Development Regulations, which The proposed standards represent a direct

include stormwater runoff requirements, wetlands protection and identification, land clearing and tree protection, and coastal construction control line provisions, to limit specific and cumulative impacts on natural resources. application of Land Development Regulations to limit specific and cumulative impacts on natural resources by managing stormwater runoff. Policy LU-1.3 The City shall continue to require developers to provide for the following on-site infrastructure improvements for their projects: drainage and stormwater management, open space, safe and convenient traffic flow, and vehicle parking. Tracking the impervious surface area of accessory structures ensures developers provide adequate on-site infrastructure improvements for drainage and stormwater management. Business Impact Statement See attached.

ORDINANCE NO. 2026-15 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, FLORIDA, RELATING TO REGULATION OF ACCESSORY STRUCTURES; MAKING FINDINGS; AMENDING APPENDIX A OF THE CITY CODE, ENTITLED “ZONING”; AMENDING ARTICLE V, DEFINITIONS; AMENDING ARTICLE XIII, SUPPLEMENTARY DISTRICT REGULATIONS; AMENDING SECTION 6, ACCESSORY STRUCTURES FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES; REVISING THE SECTION TITLE TO READ “ACCESSORY STRUCTURES”; AMENDING SECTION 13, SWIMMING POOLS; REVISING THE SECTION TITLE TO READ “SWIMMING POOLS AND SWIMMING POOL ENCLOSURES”; AMENDING SECTION 19, REGULATIONS FOR DOCKS AND PIERS; REVISING THE SECTION TITLE TO READ “REGULATIONS FOR MARINE IMPROVEMENTS”; PROVIDING FOR SEVERABILITY; REPEAL AND CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Appendix A, Article XIII of the City Code presently regulates accessory structures, swimming pools, and docks and piers through separate supplementary district regulations, and the City Council finds that those provisions should be clarified and updated to provide standards for their size, number, height, location, setbacks, permitting, and use; and WHEREAS, the City Council finds that distinguishing accessory structures from swimming pools, swimming pool enclosures, garden amenities, fences and walls, and marine improvements, and establishing clear and proportional development standards for each, will improve administration and enforcement of the City's zoning regulations while protecting neighboring properties, drainage and utility easements, waterfront improvements, and the public health, safety, welfare, and aesthetics of the community; and WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency, reviewed the proposed amendments as outlined in this ordinance at its meeting on October 28, 2026, conducted a public hearing with regard to the proposed amendments, and found the same to be consistent with the City of Indian Harbour Beach Comprehensive Plan; and WHEREAS, the City Council hereby adopts the findings of the Planning and Zoning Board as its own and finds the proposed amendments to be in the promotion of the public health, safety, welfare, morals, public order, and aesthetics of the community and the region. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF INDIAN HARBOUR BEACH, FLORIDA as follows:

Page 2 SECTION 1. Article V of Appendix A of the Code of Ordinances of the City is hereby amended and shall read as follows: “Article V. Definitions. For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows: * * * * * Swimming pool. Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and one hundred fifty (150) square feet or more of water surface area, intended for recreational purposes, including a wading pool, 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. Swimming pool enclosure. Any structure having screen walls and a screen roof over a swimming pool. Terrace. (See Patio.) * * * * * Yard. An open space on the same lot with a principal building, unoccupied and unobstructed by buildings or roofed structures from the ground to the sky, except as otherwise provided in this ordinance. (1) Front yard: The yard extending across the entire width of the lot frontage between the front lot line and the nearest part of a principal building, including covered porches, sheds, and carports. Said distance shall be the shortest distance between the structure and the front lot line. (2) Side yard: The yard extending along the side lot line from the front yard to the rear yard, and lying between the side lot line and the nearest part of the principal building, including covered porches, sheds, carports, and storage areas. (3) Side corner yard: An area that extends across the side of a corner lot between the principal building and the secondary street right-of-way line, and being is the horizontal distance between the principal building and the right-of-way line. (4) Rear yard: The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building, including covered porches, sheds, carports, garages, and storage areas. SECTION 2. Section 6 of Article XIII of Appendix A of the Code of Ordinances of the City is hereby amended and shall be titled and read as follows: “Sec. 6. Accessory structures for residential and non-residential properties. (A) Height restrictions. (1) Non-residential: 24 feet maximum.

Page 3 (2) Residential: 16 feet maximum. (B) Number and size allowances. (1) Residential and non-residential zoning districts, not including P-1 and P-2: Residential zoning districts Lots less than 0.5 acres Lots 0.5 acres or greater, but less than one acre Lots one acre or greater Non-residential zoning districts Maximum number of accessory structures* Three Four Five Three Maximum square footage of an accessory structure 600 600 900 600 Maximum square footage of all accessory structures on a lot 900 1,200 1,500 Whichever is greater of: (a) 900 square feet; or (b) 10% of the principal structure area, not to exceed 2,000 square feet *Garden amenities, such as pergolas, arbors, and trellises, shall be exempt from this requirement. (2) Properties zoned P-1 or P-2. Accessory structures shall be smaller in size and scale to the principal structure(s) or use(s). There is no limit to the maximum number of accessory structures allowed. (3) No accessory structure shall cover more than 35 percent of any required rear yard. (4) The size of accessory structures in all districts shall be additionally limited by and included in the calculations of the impervious surface area ratio and storm water runoff. (C) Permits. Unless otherwise exempt by state law, a building permit shall be required before construction or placement can take place. Accessory structures must be constructed simultaneously with, or following, the construction of the principal structure or use, and shall not be used until after the principal structure has been fully erected and a certificate of occupancy or its equivalent has been issued. Permits for accessory structures shall be accompanied by engineered plans or drawings by an engineer licensed in the State of Florida, plus an electronic copy. Engineered plans or drawings are not required for accessory structures less than 250 square feet in size or for structures that are not attached to the principal structure and where the top of the structure allows air flow through the top, but must comply with Florida Building Code.

Page 4 (D) Use and structure restrictions. (1) The use shall be clearly incidental to the use of the principal building, and shall comply with all other city regulations. No accessory structure shall be used for activities not permitted in the zoning district. (2) Living units shall be prohibited within accessory structures, except where allowed in certain non-residential zoning districts. (3) No occupation or business shall be conducted in an accessory structure, ; however, any medical facility which offers services to human beings or animals that suffers a power outage due to an act of God may perform its medical services from an accessory structure during such time as there is no power to the principal structure. Power to the accessory structure, during the time of such power outage, shall be supplied by a city-approved back-up power source and for as long as power is not restored to the principal structure. No such accessory structure use shall be used for overnight patient stays. (4) Erection of tents as accessory structures shall be prohibited. (E) Setback and location requirements. When an accessory structure is attached to a principal structure by a breezeway, common load bearing wall, or common roof, it shall become a part of the principal structure and shall be subject to the required setbacks and other requirements applicable to the principal structure, with the exception of a swimming pool enclosure. Unless otherwise provided for in standards for specific accessory uses and structures, the following setback and location requirements shall apply: (1) Front yard setback: The required front yard setback of the zoning district. (2) Side corner setback: The required side corner yard setback of the zoning district. (3) Side yard setback: a. For structures 250 square feet or less: Five feet or the side yard setback of the zoning district, whichever is less. b. For structures greater than 250 square feet: The required side yard setback of the zoning district. (4) Rear yard setback: a. For structures 250 square feet or less: Five feet or the rear yard setback of the zoning district, whichever is less. b. For structures greater than 250 square feet: The required rear yard setback of the zoning district. (5) Easements: No accessory structure shall be constructed or placed on an easement, unless the easement expressly permits the accessory structure to be constructed or placed on the easement property and the required setbacks set forth herein are satisfied. If an easement exists along the boundary of the lot where the accessory building is to be located, and the width of the

Page 5 easement is greater than the setback addressed above, then the interior easement boundary shall constitute the required minimum setback. (6) Landscape buffers: No accessory structure shall be located within any required landscape buffer. (F) Structure separation. Accessory structures shall be separated by no less than five (5) feet from any building on the same lot. (G) Exceptions. (1) Existing sheds. Existing sheds on an existing concrete pad may be replaced in the same location as long as no increase in square footage occurs, and the existing location is not within a government-owned or public drainage or utility easement, notwithstanding the provisions of Appendix A, Article XI related to nonconformities. (2) Swimming pools and swimming pool enclosures. Swimming pools and swimming pool enclosures shall not count toward the maximum number of allowed accessory structures. (3) Garden amenities. Garden amenities such as pergolas, arbors, and trellises do not count toward the maximum number of accessory structures allowed on a property, and are allowed to be located in front of the principal structure, as long as they meet the front yard setback. (4) Fences and walls. This section is not intended to apply to fences or walls used as a buffer. They shall not count toward the maximum number of allowed accessory structures and are not required to meet these setback requirements. (5) Marine improvements. This section is not intended to apply to marine improvements, such as docks and piers, which is separately regulated under Section 19. (A) Unless otherwise provided in this section or a particular zoning category, all accessory structures located in any residential or non-residential zoning category shall comply with this subsection. No accessory structure shall be located within any required landscaping buffers. No accessory structure shall be erected in any required front or side yard, and no accessory structure shall cover more than thirty- five (35) percent of any required rear yard. No accessory structures shall be constructed or located within ten (10) feet of any building on the same lot, and accessory structures two hundred fifty (250) square feet or less in size may be erected no closer than five (5) feet of any lot line and shall not exceed twelve (12) feet in height. Accessory structures greater than two hundred fifty (250) square feet in size shall meet the yard requirements of the principal building. Only one accessory structure may be installed on any lot or combination of lots upon which the main building sits. An accessory structure shall be constructed simultaneously with, or following, the construction of the main building, and shall not be used until after the principal building has been fully erected and a certificate of occupancy or its equivalent has been issued. Accessory structures greater than two hundred fifty (250) square feet in size shall not exceed 900 square feet in overall size and may not exceed sixteen (16) feet in height. Erection of tents as accessory structures

Page 6 shall be prohibited. Permits for accessory structures shall be accompanied by engineered plans or drawings by an engineer licensed in the State of Florida, plus one electronic disk. (B) Exceptions. (1) Notwithstanding the foregoing restriction against using the accessory structure for occupational or business purposes, any medical facility which offers services to human beings or animals that suffers a power outage due to an act of God may perform its medical services from an accessory structure during such time as there is no power to the principal structure. Power to the accessory structure, during the time of such power outage, shall be supplied by a city approved back-up power source and for as long as power is not restored to the principal structure. No such accessory structure use shall be used for overnight patient stays. (2) No accessory structure which contains living quarters shall be built on any lot in any zoning district. (3) No occupation or business shall be conducted in an accessory structure. (4) The engineering requirements of this section shall not apply to any structure which is not attached to the primary building and where the top of said structure allows air to flow through the top. However, a permit for the construction of said structure shall be required. (5) Accessory structures two hundred fifty (250) square feet or less in size do not need engineering design drawings, but must comply with the Florida Building Code.” SECTION 3. Section 13 of Article XIII of Appendix A of the Code of Ordinances of the City is hereby amended and shall be titled and read as follows: “Sec. 13. Swimming pools and swimming pool enclosures. Swimming pools and pool enclosures shall not be considered as an accessory use, but and shall conform to the requirements of an accessory structure, if not otherwise exceptedthisshall conform to the requirements of an accessory structure, if not otherwise excepted in this section. All such pools and enclosures shall be installed to city requirements and a city permit shall be issued by the building official prior to construction or installation. Commercial swimming pools are prohibited in all residential districts. For setback purposes, swimming pools are measured at the water’s edge. Swimming pools shall not be constructed within five (5) feet off a load-bearing wall unless an engineer’s certification is included with the building permit, which would allow the pool to be setback no less t