All development shall conform to the specific requirements of the appropriate zoning districts and shall comply with the standards contained in this article and other regulations outlined in the LDR. These standards shall be considered to be minimum requirements and may be exceeded by the property owner. In considering development plans, the Community Development Department, and City Commission shall be guided by the standards set forth hereinafter.

(Ord. No. 99-09, § 1(Exh. A, § 1101), 7-13-99)

In considering plans for subdivision and site development of land, the appropriate review bodies shall be guided by the standards set forth hereinafter. All references in this section to the word "subdivision" shall include site development of land.

(1)

General.

a.

Character of land. Land to be subdivided shall be of such character after development that it can be used safely for the intended purposes.

b.

Conformity to the Trafficways Plan, and the Comprehensive Plan. Subdivisions shall conform to the Trafficways Plan and shall be consistent with the City's Comprehensive Plan. Trafficways shall conform to the criteria and characteristics established by and shown on the Trafficways Plan.

c.

Specifications for required improvements. All required subdivision improvements shall be constructed or installed to conform to the City specifications.

d.

Street capacities. Street capacities shall be determined by the standards established in the current edition of the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, Washington, D.C. and shall meet the L.O.S. adopted by the Comprehensive Plan.

e.

Sidewalks. Sidewalks shall be provided on both sides of a public or private street right-of-way. All interior private sidewalks shall connect with the sidewalks in the right-of-way. Handicap ramps not exceeding a slope of one foot vertical to 12 feet horizontal shall be provided at all intersections.

f.

Traffic engineering standards. The more stringent of either the Florida Department of Transportation or Miami Dade County Traffic Engineering Division Regulations shall apply in all cases.

(2)

Street layout.

a.

Width, location and construction. Streets shall be of sufficient width, suitably located, and adequately constructed to accommodate the prospective traffic at the adopted level of service identified in the City's Comprehensive Plan, and to afford access for fire fighting and road maintenance equipment.

b.

Arrangement. The arrangement of streets shall be such so as to compose a functional system which provides safe and adequate access to and from private property. The arrangement of streets in the subdivision shall provide for the continuation of arterial and collector streets of adjoining subdivisions, and for proper projection of arterial and collector streets into adjoining properties which are not yet subdivided, in order to take into account necessary fire protection, movement of traffic and the construction or extension of needed utilities and public services.

c.

Access to streets. Development projects shall be designed to maintain a hierarchy of street access so that the interior of development parcels are served by local streets or parking lots, local streets and parking lots shall be connected to collector streets or arterial streets where permitted, and collector streets shall be connected to arterial streets or other collector streets as provided for herein.

d.

Driveway access. Residential lot driveways shall only access local streets. Residential parking lots may access local, collector or arterial streets provided adequate turn lanes and vehicle storage areas are provided and the street being accessed has sufficient capacity to accommodate the traffic. Non-residential development shall only access collector and arterial streets. The minimum spacing between driveways shall be as provided for in Article VIII, Driveway Standards.

e.

Local streets. Local streets shall be so laid out that their use by through traffic will be discouraged.

f.

Street connections. Non-residential development with parking for 20 or more vehicles and residential property with 20 lots or more shall have connections with at least two publicly accessible streets which shall exist prior to the issuance of certificates of occupancy. In lieu of the two required connections, one connection may be permitted if adequate provision for emergency and service vehicles is provided.

(3)

Minimum intersection spacing.

a.

Local street intersections with collector and arterial streets. Local street or cul-de-sac openings into collector streets shall be a minimum distance of 660 feet from another intersection, or in the case of a T-type intersection, a minimum distance of 330 feet from any other intersection. Local streets and local dead-end streets may not intersect an arterial unless unavoidable in which case the local street may intersect an arterial only if aligned with and extending an existing local street which intersects the arterial or is a minimum of 660 feet from another minor or collector street intersection with the arterial, and is a minimum of 760 feet from the intersection of two arterial streets.

b.

Collector street intersections with arterial streets. A collector street or collector dead-end street may intersect an arterial if aligned with and extending an existing or planned collector which intersects the arterial or is a minimum distance of 1320 feet from the intersection of an existing collector and the arterial, and is a minimum distance of 1420 feet from the intersection of two arterial trafficways.

c.

Intersection of two collector streets. A collector street may intersect another collector but only if aligned with and extending an existing or planned collector or is a minimum distance of 660 feet from any other intersection of the collector.

(4)

Street design.

a.

Geometric design of street. The geometric design of streets shall conform to the minimum standards established by the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by the Florida Department of Transportation and A Policy on Design of Urban Highways and Arterial Streets prepared by the American Association of Street Highway and Transportation Officials (AASHTO).

b.

Street jogs at intersections. Street jogs with centerline offsets of less than 125 feet shall not be permitted.

c.

Angle of intersection. In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins. This requirement may be modified for the intersection of two local streets if it can be shown that an alternate design will meet minimum safe site distance requirements.

d.

Widths of rights-of-way. The paved portion of the right-of-way shall have the minimum widths specified in Table 31-232. When not functionally classified by the FDOT, the classification of streets shall be determined by the Community Development Director. The actual width of a right-of-way shall be determined based on the ultimate cross section design needed to accommodate the projected level of traffic at the adopted level of service. Additional right-of-way may be required for a bicycle lane, in compliance with a City or County bicycle circulation plan.

TABLE 31-232
WIDTHS OF PUBLIC AND PRIVATE RIGHTS-OF-WAY

¹ A pedestrian/bicycle path which is a minimum of six feet wide and constructed within an easement adjacent to the right-of-way may be used in lieu of the required sidewalk on that side of the right-of-way.

e.

Public utility easements. Where conditions make impractical the inclusion of utilities within the street right-of-way, perpetual easements with satisfactory width and access, as determined by the City, shall be required. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Side yard easements containing underground pipes are discouraged. However, in such cases when necessary said easements shall be determined by the Community Development Director. Such easements shall be cleared, demucked, and graded where required.

f.

Underground utilities. All facilities for the distribution of electricity, telephone, and cable television shall be installed underground in new subdivisions. Appurtenances such as transformer boxes, pedestal mounted terminal boxes and meter cabinets may be placed above ground on a level concrete slab and shall be located in such a manner to minimize noise effects upon the surrounding properties. Such appurtenances shall be landscaped in accordance with the landscape requirements outlined in this code. Street lighting poles and fixtures may be placed above ground. Primary transmission lines carrying in excess of 7,000 volts single phase or 12,000 volts three phase may be suspended above the surface.

New pole lines located within or adjacent and parallel to a road right-of-way which serve new developments shall be constructed of reinforced concrete. At the time of development the City shall require replacement of existing wood poles with concrete poles. The City Manager may waive this requirement if an undue hardship would result from this requirement.

g.

Grades. Longitudinal slopes of all streets shall conform in general to the Department of Transportation standards for arterial, collector or local streets. Grades shall be approved by the Community Development Director.

h.

Curve radii at local street intersections. All local street right-of-way lines at intersections shall be rounded by curves of at least 25 feet radius.

i.

Dead-end streets (cul-de-sacs). Dead-end streets exceeding 150 feet, shall have a turning area and be of a type and size approved by the Community Development Director. Dead-end streets exceeding 300 feet shall terminate in a circular turn-around having a minimum right-of-way radius of 50 feet and pavement radius of 40 feet. At the end of temporary dead-end streets a temporary turn-around with a pavement radius of 38 feet shall be provided, unless the Community Development Director approves an alternate arrangement.

j.

Watercourses. When a street is proposed to abut any canal, or a water body, provision shall be made for adequate safe vehicular recovery area between the ultimate edge of right-of-way and the edge of water. The distance from the outside edge of the ultimate right-of-way to the edge of water shall be no less than 50 feet for roads with a design speed of 50 miles per hour or greater and 40 feet for roads with a design speed less than 50 miles per hour. A guardrail shall be required for lakes and canals where it is not possible to maintain these required minimum distances.

k.

Curve radii. In general, street lines within a block, deflecting from each other at any one point by more than ten degrees, shall be connected with a curve, the radius of which for the centerline of street shall not be less than 400 feet on arterial streets, 200 feet on collector streets and 100 feet on local streets.

l.

Private streets. It is the policy of the City to discourage private streets. However, private local streets may only be permitted by the City when the design and construction of such streets meets or exceeds the minimum standards and specifications as outlined or referred to herein for public streets; and when a method suitable to the City is established for the perpetual maintenance of said private streets by developer or by the development's homeowner's association, and with the provision of a permanent access easement for service and emergency vehicles, maintenance and repair of public and semi-public utilities and common area improvements. Sidewalks and setbacks along private streets shall be from the theoretical right-of-way line. Notwithstanding anything to the contrary in this Code, no private streets shall be permitted by the City unless the owner of the private streets executes an agreement with the City whereby the City is authorized to enforce the City's traffic and parking ordinances and regulations over private roads.

m.

Street lights. Installation of street lights shall be required in accordance with design standards of Florida Power and Light and an approved site plan.

n.

Inverted crowns. Inverted crown roadways shall not be permitted on public or private streets. This limitation shall not apply to private parking lots or private driveways within multifamily development.

(5)

Addresses.

a.

Type of name. All streets shall be numbered or named in accordance with a numbering system approved by the U.S. Post Office and Community Development Director. All streets shall have a sign displaying the street number or name. Street signs shall have reflective type lettering meeting Miami-Dade County standards.

(6)

Lots.

a.

Lots in conformance with zoning district. Lots shall be subdivided in conformance with the applicable zoning district's development standards.

b.

Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines.

c.

Driveway access. Driveway grades and access shall conform to City specifications and the requirements of this section.

d.

Frontage on curve or cul-de-sac. The minimum arc frontage for lots abutting the turnaround of a cul-de-sac shall be 25 feet for residential uses and 60 feet for non-residential uses.

(7)

Storm drainage and water management design standards.

a.

Minimum elevation (centerline of street). The minimum elevation (centerline of street) shall be as established in compliance with the Miami-Dade County Environmental Resources Management and subject to the approval of the Community Services Director.

b.

Specific standards for flood hazard reduction. In all areas where base flood elevation data has been provided, the following provisions are required:

1.

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or 18 inches above the highest point of the adjacent road crown elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with the standards of subsection 3. below.

2.

Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation or 18 inches above the highest point of the adjacent road crown elevation, whichever is higher. Structures located in all A-zones may be flood-proofed in lieu of being elevated provided that all areas of the structure below the required elevation are water-tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyance. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the City as set forth in subsection 3. below.

3.

Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designated to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

4.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

i.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

ii.

The bottom of all openings shall be no higher than one foot above grade; and

iii.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

5.

Electrical, plumbing, and other utility connections are prohibited below the base flood elevation;

6.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage or maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and

7.

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

8.

Floodways. Lands located within areas of special flood hazard, are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply:

Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.

c.

Stormwater management. All stormwater drainage systems shall be designed in accordance with the requirements of the Miami-Dade County Environmental Resources Management, the South Florida Water Management District's permit manual "Management and Storage of Surface Waters", latest edition and the City's Floodplain Management criteria.

(8)

All new subdivisions, site development and site redevelopment shall provide bicycle storage facilities in suitable design, location and number, based on square footage or number of residential units, as determined by the City Manager or designee.

(Ord. No. 99-09, § 1(Exh. A, § 1102), 7-13-99; Ord. No. 2017-07, § 7, 6-14-17)

(a)

Design concepts. The principles set out below are not intended to limit innovative architecture, but to establish a meaningful design guide for development and redevelopment in the City of Aventura. All development shall be designed in accordance with the fundamental concepts described in this section. The fundamental design concepts shall include:

(1)

The design of architecturally varied structures within planned developments through the use of building massing, varied roof-scapes, varied window design, ornamentation and color;

(2)

The linkage of landscaped exterior spaces (courtyards, loggias, arcades and plazas) to buildings;

(3)

The linkage of separate development parcels by pedestrian and vehicular connections;

(4)

The recognition of the South Florida climate which should influence building shape and orientation, nature of roofs and overhangs and the location and size of windows;

(5)

The identification of individual subdivisions by utilizing signage;

(6)

The use of private common open space as a community design feature; and

(7)

Preservation of view corridors and pedestrian access to waterfront areas.

(b)

Pedestrian orientation. All non-residential and multifamily development shall contribute to the creation of a pedestrian oriented community by providing the following:

(1)

Emphasis on the buildings' street facades as major elements of the overall streetscape;

(2)

Street level architectural treatment including colonnades, arcades, awnings, and other shade producing elements should be provided along all pedestrian-oriented frontages; and

(3)

Pedestrian oriented frontages shall be adjacent to building entrances and integrated with adjacent properties.

(c)

Minimum design standards.

(1)

Non-residential development. All non-residential development shall be consistent with the traditional architecture and design themes of South Florida including the following:

a.

New buildings shall be designed in a manner that is compatible with the adjacent building form in height and scale.

b.

Recognition of the scale and character of adjacent structures or developments, including continuation of existing facade treatment or expression lines, and the use of similar finish materials.

c.

Roof materials shall consist of metal (flat or standing seam); flat tile; barrel tile or masonry materials. This requirement shall not apply to flat roofs with a parapet wall.

d.

All mechanical equipment (including roof-mounted equipment) shall be screened with materials consistent with those used in the construction of the building. The screening material and structure shall be architecturally compatible with the building. The screening shall be high enough so that the equipment is not visible from any adjacent public right-of-way and designed so that the equipment is well concealed from adjacent properties.

e.

Pedestrian circulation systems shall be barrier-free and provide alternative ramps in addition to steps consistent with American Disabilities Act (ADA) requirements.

f.

All sides of any non-residential structure shall have compatible facade and roof treatments.

g.

All dumpsters and trash handling areas shall have a concrete slab, and finished concrete block or masonry wall, as provided for in these regulations, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize truck maneuvers. Enclosures shall be finished with similar materials and colors as the principal structure.

h.

The design dimensions, materials, quantity and location of all outdoor accessory features, including but not limited to security bollards, trash cans, light poles, street furniture and newspaper racks must be submitted to and approved by the Community Development Director.

i.

No outside display or sale of any merchandise shall be permitted, including but not limited to sales from vending machines unless approved by the Community Development Director or pursuant to other requirements in the City Code.

j.

The location of public telephones must be submitted to and approved by the Community Development Director.

k.

The decision of the Community Development Director pursuant to subsections h. and i., above, will be based upon findings of compatibility, safety and screening from view of the public right-of-way; and as to subsection j., above will be based upon findings of compatibility and safety.

(2)

Residential development. All residential development shall adhere to the following standards:

a.

Minimum roof standards. Pitched roofs shall have a minimum pitch of 4:12. Deviation from the minimum may be approved for gambrel and similar type roofs. Pitched roofs shall be constructed of flat, or barrel cement or clay tile, split cedar shakes or slate, all as defined by common usage in Miami-Dade County, Florida. Cedar shingle and asphalt shingle roofs are not permitted on any principal residential structure permitted after the effective date of this chapter. Flat roofs may be permitted if the flat roof area does not comprise over 25 percent of the total roof area. Such flat roofs are only permitted over porches, Florida rooms, and utility rooms located to the rear of the dwelling unit.

b.

Driveways within all RS Zoning Districts shall be constructed of portland concrete at a minimum. Asphalt is not permitted.

c.

Architecture and site development should incorporate consideration of the subtropical characteristics of the area. The provision of sun-control devices, shaded areas, vegetation, roof terraces, and similar features characteristic of subtropical design is encouraged.

d.

Open space for multifamily dwelling units should be located and designed to maximize its utility to the dwelling units.

e.

All dumpsters and trash handling areas in development within RMF Zoning Districts shall have a concrete slab, be enclosed by a finished concrete block or masonry wall similar in color and detail to the principal structures as provided in this Code, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize truck maneuvers.

(3)

Pedestrian/bicycle paths. Pedestrian/bicycle paths incorporated into a plan shall have six feet of pavement width or as approved by the Community Services Director. The path shall be a minimum of ten feet from a right-of-way, except where it transitions and crosses an intersecting street. The path shall not be incorporated into a residential lot.

(4)

View corridors. All developments in the RMF3, RMF3A, RMF4, and all non-residential developments, on waterfront sites shall preserve a visual corridor to the water unencumbered with any structure, roadway or off street parking. The view corridor shall extend the full length of the site from the waterfront to the public right-of-way most nearly opposite the waterfront. The width of the corridor shall be no less than ten percent of the waterfront, but a maximum of 100 feet.

(5)

Murals. Murals, defined as any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall, may be permitted when located in an interior courtyard area and on exterior walls of buildings that do not face a public right-of-way, when they do not contain any advertising copy and when they do not use any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person or entity, or to communicate information to the public, and cannot in any other way be defined as a sign, as determined by the City Manager or his designee.

(6)

Color palette. Adoption of primary color palette and color review chart.

a.

Adoption. The City hereby adopts the primary color palette and color review chart which is on file and available in the offices of the Community Development Department and on the City's website.

b.

Purpose. The purpose of this subparagraph is to enhance the unique architectural environment of the City by establishing general standards for the choice of colors for the exterior surfaces of multi-family, townhouse and nonresidential buildings.

c.

Color chart review application standards. The Community Development Department, when reviewing applications filed pursuant to Subsection 31-233(c)(6)d., shall apply the following review standards:

1.

The exterior walls of buildings and structures shall be painted with colors selected from the City's primary color palette.

2.

Colors selected shall be appropriate to the architectural style, ornamentation, massing, scale and structure.

d.

Applicability.

1.

The application or use of any colors on the roofs or exterior surfaces of any multi-family, townhouse or nonresidential building, structure or wall shall require a permit authorizing said exterior color prior to the application of said color.

2.

The color charts adopted in Subsection 31-233(c)(6)a. shall not be applicable to roofs or exterior surfaces left in their natural state, such as rock, stone, or finished woods, or covered with a clear finish.

3.

For the purpose of this section, a mixed-use building, whether including residential and commercial uses (such as a residence above a store), shall not constitute a residential building and must comply with this article.

e.

Permit application and review.

1.

Each applicant for a permit required pursuant to Subsection 31-233(c)(6)d. shall submit to the director for his/her approval, prior to the execution of such work, a sample of the color(s) to be used in such work and a description of the location at which said color(s) will be used.

2.

The director shall review the application and color sample to determine whether the colors are substantially similar to those provided in the City's adopted color palettes and whether the use of the color complies with the City's color review chart. The director may either grant or deny any such permit application. In the event that the director denies a permit application, the director shall provide a list of alternative acceptable paint colors and color schemes that may be used.

f.

Appeals to City Commission. Any decision of the director made pursuant to Subsection 31-233(c)(6)e. may be appealed to the City Manager or his or her designee. A decision of the City Manager or his or her designee shall be appealable to the City Commission, and shall be set for review at the next available Commission meeting. The City Manager or the City Commission shall conduct its own review to determine whether the requirements for an exemption have been satisfied or that the requested colors substantially conform to the adopted color palette or color review chart. Only the City Commission may permit the use of colors or color schemes that are materially different from those provided in the adopted color palette or color review chart upon a showing that the color selection or use of color is harmonious with neighboring structures. For the purpose of this section, the term "harmonious" shall mean that there is an agreeable relation between use of colors on and between neighboring structures. In order to determine whether the use of color(s) is harmonious with neighboring structures, the City Commission shall rely on the color review chart and color palette as it has been applied to structures that comply with the requirements of the color palettes and color review chart within a 300-foot radius of the property in question as a benchmark to guide its determination.

(Ord. No. 99-09, § 1(Exh. A, § 1103), 7-13-99; Ord. No. 2002-07, § 4, 3-5-02; Ord. No. 2017-07, § 8, 6-14-17; Ord. No. 2023-05, § 1, 3-7-23)

(a)

General. No structure or land shall be developed, used or occupied unless all outdoor lighting conforms to the requirements of this section. The terms used in this section shall have the definition use by the Illuminating Engineers Society. Open parking lots, alleys and access thereto shall be illuminated as set forth below. For purposes of this section, alley is defined as a narrow vehicular thoroughfare up to 25 feet in width upon which service entrances or buildings abut and not generally used as a thoroughfare for general traffic; provided, however, alleys shall not include public rights-of-way. Lighting shall be designed and placed to illuminate the ground, a vehicular use area, a building, a street, or a sign. All lighting shall be concentrated on the ground, building, street, or sign it is intended to illuminate. Lighting which is designed to illuminate the building roof area, except for safety reasons as determined by the Community Development Director, shall be prohibited.

(b)

Preparation of site lighting plan. A plan which shows the photometrics of the site's lighting for vehicular use areas and alleys and access thereto, outside building areas, signs and streets shall be prepared by a registered professional engineer. The plan shall incorporate all existing and proposed sources of artificial light used on the site, including adjoining outparcels. The lighting plan shall be submitted with the final building plans, prepared at the same scale. The plan must indicate and be certified for compliance with the standards of this section.

(c)

Minimum and maximum illumination. All buildings shall illuminate parking lots and access thereto and all pedestrian areas to a minimum maintained average of 1.0 footcandle from dusk to dawn and a uniformity ratio not to exceed a maximum to minimum ratio of 12 to 1 footcandles, provided that the lighting level may be reduced by 50 percent on non-business days and commencing 30 minutes after the termination of each operating day. The area immediately outside of exterior doors shall have security illumination and shall be activated during the dark period of every day.

Parking and nonenclosed areas under or within buildings at grade shall be provided with a maintained minimum of 1 foot candle of light on the parking and walking surfaces from dusk to dawn.

Alleys shall be provided with a maintained minimum of one-third foot candle on the alley surface from dusk to dawn.

(d)

All lighting for parking areas, buildings and signs shall be located, screened, or shielded so that adjacent property, structures, and rights-of-way are not directly illuminated. All lighting for parking areas, buildings and signs shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and public rights-of-way. Spillover shall not exceed 0.5 footcandles measured vertically along the property line at the perimeter of the property.

(e)

Lighting height standards. All private outdoor lighting shall be designed, located and mounted at heights no greater than:

(1)

Twelve feet above grade for non-cut-off type luminaries, and

(2)

Thirty feet above grade for cut-off type luminaries.

(f)

Exceptions. The provisions of this section shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(g)

Street lighting. A street lighting system shall be provided in all land development projects with public or private streets. All street lighting shall be installed according to standards established by the City or County.

(Ord. No. 99-09, § 1(Exh. A, § 1104), 7-13-99; Ord. No. 2014-13, § 5, 10-7-2014)

Conformance with applicable regulations. Prior to the development of land, including land clearing and excavation operations, having potential wetlands soils a determination shall be made by the appropriate jurisdictional agencies as to the presence of jurisdictional wetlands. If it is determined that jurisdictional wetlands are present the property owner shall be required to comply with all agency requirements regarding the protection and mitigation of wetlands on the property as part of any City issued development order.

(Ord. No. 99-09, § 1(Exh. A, § 1105), 7-13-99)

Conformance with applicable regulations. Prior to the development of land or the issuance of any development permit for construction immediately adjacent to any tidal waters, the property owner or their representative shall be required to obtain approval from Miami-Dade County Environmental Resources Management.

(Ord. No. 99-09, § 1(Exh. A, § 1106), 7-13-99)

Conformance with applicable laws. All structures or land shall be developed, used or occupied such that surface water is managed in conformance with the following laws, rules and regulations:

(1)

Chapter 24, Miami-Dade County Code.

(2)

Chapter 40-E, as amended, Florida Administrative Code, "Rules of the South Florida Water Management District."

(3)

Florida Building Code, as amended.

(Ord. No. 99-09, § 1(Exh. A, § 1107), 7-13-99; Ord. No. 2012-15, § 2, 10-2-12)

(a)

General. No accessory uses shall be permitted in a required yard or bufferyard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the prior written approval of the appropriate utilities, and the concurrence of the City.

(b)

Awnings, canopies, porte-cocheres and sun shade devices. The definition of an awning or canopy shall be as provided for in the Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code.

(1)

Awnings. An awning may be located at any window provided it is architecturally integrated into the building's design and color. The maximum height and width of an awning shall be limited to the minimum area required to cover a building's window. Awnings shall not be illuminated.

An awning may project into a front, side or rear yard setback, provided that any such projection does not exceed five feet or one-half of the width of the required setback, whichever is less. The minimum height of an awning shall be eight feet above ground. Notwithstanding the foregoing provisions, an awning may not project over a public sidewalk, public right-of-way or any vehicular use area.

(2)

Canopies. A canopy may be located over any private walkway adjacent to a building or over a building's entrance. The minimum height of the overall canopy structure shall be eight feet and the maximum height shall be fifteen feet. The maximum width of a canopy shall be limited to the width of the sidewalk or entry way that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy.

A canopy may project into a front, side or rear yard setback in area and size sufficient to provide pedestrian shelter over a private walkway or building entrance, as determined by the City Manager or his designee. Notwithstanding the foregoing provisions, a canopy may not encroach into a public sidewalk, public right-of-way or into any vehicular use area.

(3)

Porte-Cocheres. A permanent, roofed structure extending from the entrance of a building over an adjacent private driveway to shelter those getting in and out of vehicles may extend to within ten feet of any property line, provided that the structure is constructed of walls and roof in design compatible with the principal structure, is open on three sides and has a maximum length no longer than the driveway it is sheltering. Notwithstanding the foregoing provisions, a porte-cochere may not encroach into a public sidewalk or public right-of-way and/or any vehicular use area.

(4)

Sun Shade Devices. Other above ground sun shade devices attached to a building wall, including but not limited to, horizontal or vertical fins, shutter panels, brise-soleil or solar screens designed to shade windows from the sun, may project into a front, side or rear yard setback, provided that any such projection does not exceed five feet or one-half of the width of the required setback, whichever is less. The minimum height of sun shade devices shall be eight feet above ground.

(c)

Carports. Carports shall comply with the structural setbacks of the zoning district in which they are proposed to be located. The use of polyvinyl chloride (PVC) pipe is expressly prohibited. Any carport lawfully established prior to the adoption of this chapter which does not comply with the structural setbacks of the zoning district may remain as a nonconforming use subject to the provisions of the nonconforming article of this chapter.

(d)

Domestic pet shelters. One pet shelter or pen for domestic household animals shall be permitted per lot in any residential district, subject to the following:

(1)

No pet shelter or pen shall be permitted within the required front yard area, or within utility, drainage or access easements.

(2)

The structure must be set back at least six feet from the side and rear lot lines.

(3)

Domestic pet shelters and pens shall be maintained in a clean and neat manner free of offensive odors.

(e)

Fences and walls.

(1)

Defined. A fence or wall is a barrier constructed of manmade or natural materials. A wall is a concrete or block structure.

(2)

Fences on residential lots. Fences on a residential lot shall be limited to six feet in height. Barbed wire and other similar material shall not be permitted on a fence or wall within a residential district. Fences and walls shall be limited to four feet in height within a required front yard. In all zoning districts, only pressure treated pine, redwood and cedar wood shall be acceptable for wood fence construction. All wood fencing shall have a nominal thickness of one inch. Each side of a concrete block or masonry wall shall be completely finished with stucco and/or paint.

(3)

Residential parcel perimeter and entry walls. Uniform walls may be erected within a required bufferyard and at the access driveway entrances to residential development parcels. The wall shall be located at the interior edge of a bufferyard. Typical elevations, materials and the location of the wall shall be shown on a final site plan. Barbed wire and other similar material shall not be permitted. Walls shall be designed to discourage graffitti.

(4)

Walls and fences on non-residential parcels. Walls shall be permitted within a required bufferyard at the perimeter of non-residential parcels, they shall not be permitted within a required front yard. Fences within non-residential zoning districts adjacent to residential property shall not exceed eight feet in height. Fences and walls within non-residential property adjacent to non-residential property shall not exceed ten feet in height. Typical elevations, materials and the location of the fence shall be shown on a final site plan.

(5)

Fences within easements. Fences, walls and landscaping shall not be permitted within a utility easement prior to the issuance of a permit. To locate a fence or wall in any easement, an encroachment agreement shall be required. If a permit is issued, access to any easements shall be granted when required by any utility. A utility company or franchise shall not be responsible for damage to a fence, wall or landscaping within an easement.

(6)

Chainlink fences prohibited. Chainlink fences shall be prohibited in all districts except as a temporary enclosure or fencing for golf courses and tennis courts.

(7)

Maintenance. A fence or wall shall be finished and maintained in good condition and appearance. The finished side of all stockade fences shall face outward to the abutting property or right-of-way.

(f)

Gazebos. Gazebos shall be permitted in all residential districts, subject to the following:

(1)

No gazebos shall be permitted within the required front yard area, or within utility, drainage or access easements;

(2)

Gazebos must be set back at least six feet from the side and rear lot lines;

(3)

No gazebo shall have an area (footprint) larger than 100 square feet per 5,000 square feet of lot area; and

(4)

No gazebo shall have a height larger than 35 feet.

(g)

Play equipment. Play equipment shall be permitted in any residential district, subject to the following:

(1)

No permanently installed play equipment, except basketball hoops, shall be permitted within the front setback, ten feet of a right-of-way, or within utility, drainage or access easements;

(2)

No play equipment shall use street right-of-way as part of the playing area;

(3)

Permanently installed play equipment shall be of a common playground type designed for children; and

(4)

Basketball hoops and backboards in front yard areas shall be permitted on the front of the building or on a pole in the driveway only. Basketball poles shall be located no closer then ten feet to any property line.

(h)

Screen enclosures. Screen enclosures shall be permitted in all residential zoning districts, subject to the following:

(1)

No screen enclosure shall be permitted in the required front yard or within utility, drainage or access easements;

(2)

No screen enclosure may be converted to an enclosed structure unless the converted structure would comply with all standards of the applicable zoning district;

(3)

Screen enclosures with a screen roof shall meet the following setback requirements:

a.

The side yard or sidestreet setback shall be the same as the structural setback requirement of the zoning district; and

b.

The rear yard setback shall be a minimum six feet from the rear lot line; and

(4)

Screen enclosures with a solid roof shall meet the following setback requirements:

a.

The side yard or sidestreet setback shall be the same as the structural setback requirement of the zoning district; and

b.

The rear yard setback shall be 15 feet or the same as the structural setback, whichever is less.

(i)

Swimming pools and spas.

(1)

General requirements. Swimming pools and spas shall be permitted in all residential zoning districts, subject to the following:

a.

No swimming pools or spas shall be permitted within the required front yard area, or within utility, drainage or access easements. Swimming pools shall be required to have a safety barrier.

b.

Above-ground pools and spas which exceed 48 inches in height must meet all structural setback requirements.

c.

The following setback requirements shall apply to swimming pools and spas:

1.

The side yard or sidestreet setbacks to the water's edge shall be two feet plus the required sideyard or sidestreet structure setback.

2.

The rear yard setback shall be seven feet from the water's edge to rear lot line.

3.

The setback from any building foundation shall be five feet unless both the design and construction as approved by the Community Development Director is safe and will not possibly result in a weakening of or damage to the building foundation. In no event shall said pool or spa be closer than 18 inches to any wall or any enclosure.

d.

Any pool for a non-residential development shall meet the structural setbacks for the district in which it is located and all required governmental agency standards.

(2)

Safety barrier required; specifications.

a.

Specifications. No swimming pool final inspection and approval shall be given by the City, unless there has been erected a safety barrier. The safety barrier shall take the form of a screened-in patio, a wooden fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. The minimum height of the safety barrier shall be not less than four feet. The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Gates shall be of the spring lock type, so that they shall automatically return to a closed position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

b.

Permits required. Before any work is commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of these regulations. No swimming pool permit shall be issued unless simultaneously therewith a permit is secured for the erection of the required safety barrier; if the premises are already enclosed, as herein before provided, a permit for the safety barrier shall not be required, if, upon inspection of the premises, the existing barrier is proven to be satisfactory.

c.

Construction specifications of walls and fences. For a wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence nonclimbable and impenetrable. Walls, whether of the rock or block type, shall be so erected to make them nonclimbable.

d.

Authority to disapprove barriers. It shall be within the discretion of the building inspector to refuse approval of any barrier which, in his opinion, does not meet the safety requirements of this regulation, i.e., that it is high enough and so constructed, to keep the children of pre-school age from getting over or through it.

e.

Maintenance of safety barrier; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing the swimming pool to maintain and keep in proper and safe condition at all times the safety barrier required and erected in accordance with this section.

f.

Maintenance of pool; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing a swimming pool to keep such pool from becoming a health hazard to the community. In the event any person owning or occupying the premises containing a swimming pool permits the safety barrier to become in an improper and unsafe condition, or permits the swimming pool to become a health hazard to the community, the City may direct a letter by certified mail to the owner or occupant of such premises, advising such owner or occupant that the city will have such safety barrier put in a proper and safe condition or correct the health hazard of the swimming pool within a period of ten days from receipt of such letter. The City shall be authorized to place a lien on the property not in compliance with this section in order to recover the costs associated with enforcement of this section.

g.

Temporary fence to enclose swimming pools while under construction. No person shall construct or cause to be constructed any swimming pools unless such swimming pool is completely enclosed by a fence with a minimum height of not less than four feet. Such fence may be of a temporary nature but must be erected either around the swimming pool or around the premises on which the swimming pool is under construction; in either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. However, the swimming pool need not be completely enclosed during those periods when an adult person is present on the site and actual construction is in process. This section shall only affect those pools under construction within 140 feet of any residence upon which a certificate of occupancy has been issued. The 140 feet shall be measured from the edge of the swimming pool to the closest property line containing such residence by straight line measure.

(j)

Utility sheds. Utility sheds shall be permitted in all residential districts, subject to the following:

(1)

No more than one utility shed shall be permitted for each parcel or lot;

(2)

No utility shed shall be permitted in any required front or side yard area or within utility, drainage or access easements;

(3)

The maximum dimensions of a utility shed shall be no more than 100 square feet in footprint and eight feet in height; and

(4)

Rear and side setbacks for utility sheds on single-family and duplex lots shall be a minimum of three feet from the lot lines. Rear and side setbacks for utility sheds on all other property shall be equal to the height of the structure.

(k)

Utility/mechanical equipment. Utility and mechanical equipment used for a building's operation which is located outside the building shall only be located in a rear or side yard. The equipment shall not be located within a utility easement unless it is equipment serving that specific easement. The minimum distance from a property line to the structure shall be no less than the structure's height. All equipment shall be screened from view by landscape materials as provided for in this Code. These requirements shall not apply to municipal or franchise utilities such as power, phone, cable, communication or drainage equipment which is located within a public utility easement.

(l)

Waterfront lands. A rear yard setback of 20 feet from the rear or waterfront line measured landward therefrom shall be provided and no building construction, to include principal and accessory buildings shall be permitted in this setback.

(m)

Docks; construction requirements. Prior to the construction of a dock within the City, the owner shall obtain approval of the proposed construction from the Community Development Department, Miami-Dade County Environmental Resource Management and appropriate drainage district. The amount of a dock protruding onto public property shall be at the discretion of the Community Development Department and based upon waterway width. In no case shall protrusion onto public property exceed 15 feet. Docks shall be kept in a constant state of repair by the owner. Any dock not properly constructed or maintained must be removed at the direction of the Community Development Department within 15 days of receipt of notice.

(n)

Structure parking. All structure parking shall be incorporated into the building envelope and shall be compatibly designed to complement the primary use structure for which it serves. If the parking structure is larger than the primary use building and any surface of the top level of the parking structure can be seen from the primary use building on the site, then that area of the top level shall be landscaped and/or decoratively paved so as to provide amenity area(s) for the building occupants. All mechanical equipment on the top level shall also be screened from view.

(o)

Renewable Energy Devices. Noncommercial renewable energy devices, including solar collector panels, wind turbines, clotheslines and other energy devices using renewable resources, shall be permitted as an accessory use in all zoning districts, provided that: (i) the device installation complies with all site development standards of this subsection, complies with the applicable zoning district and complies with the landscape standards of these LDRs and provided that; (ii) excepting solar collector panels, the number and size of renewable energy devices installed on a property shall not exceed the total number of kilowatts needed to generate the amount of energy required to serve the established uses located on the property upon which the renewable energy devices are installed; (iii) any sell-back of energy shall be made only as authorized by law and further provided that: (iv) the following conditions are met:

(1)

The device installation shall not create a nuisance as determined by the City Manager or his designee;

(2)

The device installation shall not interfere with any existing broadcast, transmission or reception antenna, including, but not limited to, the City's emergency communication system;

(3)

The device or devices shall be installed in a manner to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard;

(4)

The device or devices shall not be mounted on or supported by building walls unless approved by the City Manager or his designee;

(5)

No signage, advertising, pennants, ribbons, balloons, flags, banners or similar material shall be placed on any renewable energy device;

(6)

The device installation shall not be placed on patio or balcony railings in condominiums, cooperatives or apartments;

(7)

The device installation shall comply with all applicable building, fire and life safety codes and regulations, as evidenced by obtaining all necessary permits prior to installation;

(8)

Wind turbines shall not exceed a height of 18 feet above the main roofline or the manufacturer's recommended height for the particular model to be installed, whichever is lower;

(9)

Roof-mounted wind turbines and other related rooftop equipment and structures shall not occupy more than five percent of the roof area;

(10)

Wind turbines shall be painted a non-reflective, non-obtrusive color that conforms to the environment and architecture of the community;

(11)

Solar collector panels shall not project above the ridge of a sloped roof and shall not project more than five feet above the finished slope of the roof surface or more than five feet above the deck or parapet of a flat roof. No part of the device shall extend beyond the edge of the roof. All mounting hardware, electrical and other connections required for operation of the panels shall be screened from view;

(12)

No lighting of a renewable energy device is permitted, except as required by Federal Aviation Administration or other agency having jurisdiction;

(13)

Ground installations shall comply with the site development criteria of the applicable zoning district;

(14)

Any renewable energy device found to be unsafe by the Building Official shall be repaired by the property owner to meet all federal, state and local safety standards or shall be removed within 30 days of such determination of the Building Official;

(15)

If any renewable energy device is not operational for a period of 12 consecutive months or more, the device shall be removed by the property owner within 30 days of the date of written notice by the City to remove such device.

(16)

Waivers. A waiver to provide relief from the requirements of this subsection, or any other applicable development standards of the LDRs of Chapter 31 of this Code, may be granted in those cases where strict application of such requirements would have the effect of prohibiting the operation and functionality of a renewable energy device. It is acknowledged that emerging technologies in renewable energy devices may also require and justify a waiver of provisions of this subsection.

(i)

An application for a waiver under this subsection shall be filed by the owner of the property upon which the waiver is requested, or their designated representative. The application shall be on a form provided by the City.

(ii)

Waivers from this section or other applicable LDRs of Chapter 31 of this Code, may be granted by the City Manager or his designee only when competent and substantial evidence demonstrates that the particular waiver or waivers requested are necessary for the operation and functionality of the particular renewable energy device to serve the energy needs of the uses and structures located on the subject property.

(iii)

Appeals from a decision of the City Manager or his designee pursuant to this subsection shall be made in accordance with section 31-83 of the Code.

(Ord. No. 99-09, § 1(Exh. A, § 1108), 7-13-99; Ord. No. 2001-15, § 1, 10-2-01; Ord. No. 2012-11, § 2, 9-4-12; Ord. No. 2012-15, § 2, 10-2-12; Ord. No. 2017-07, § 9, 6-14-17)

(a)

Compliance required. No development activity may be approved unless it is found that the development is consistent with the requirements in the Comprehensive Plan.

(b)

Determining compliance. If a development proposal is found to meet all the requirements of this chapter, it shall be presumed to be consistent with the Comprehensive Plan until such time as it can be demonstrated otherwise. If a question of consistency is raised, the Community Development Director shall make a determination of compliance or noncompliance and support the determination with written findings.

(c)

Concurrency required. No applications for development orders authorizing a new use or an expansion of an existing use shall be approved unless the facilities necessary to maintain the adopted level of service standards exist or are projected to exist when necessary to serve the development. The approval of development orders shall be based on the existence of adequate facilities or inclusion of necessary facilities in the applicable service element of the Comprehensive Plan, in the adopted Capital Improvements Element of the Comprehensive Plan, in the work plan or program of the agency having functional responsibility for provision of the facilities, or in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order pursuant to F.S. ch. 380. Such findings shall be included in staff recommendations.

(d)

Development orders requiring concurrency determination. The following three classes of development orders will be reviewed for concurrency:

(1)

Initial development orders.

Zoning district boundary change

Variance

Site plan approval

Conditional use approval

Modification of covenant or restrictions

(2)

Intermediate development orders.

Tentative plat and final plat

(3)

Final development orders.

Any building permit for construction resulting in an increase in size or intensity of a land use.

Certificate of occupancy to show consistency with what was approved.

(e)

Burden of showing compliance. The burden of showing compliance with level of service requirements shall be upon the applicant for a development order. The applicant shall submit information regarding compliance with concurrency requirements when requested by the Community Development Department in a format acceptable to the Department. In order to be approvable, the Community Development Director shall determine that applications for development approval have provided sufficient information showing compliance with these standards.

(f)

Level of service standards. The following level of service standards contained in the adopted Comprehensive Plan shall be maintained.

(1)

Potable water.

Area Serviced by Miami-Dade Water and Sewer Department

a.

The treatment system shall operate with a rated maximum daily capacity which is no less than two percent above the maximum daily flow for the preceding year, and an average daily capacity two percent above the average daily per capita system demand for the preceding five years.

b.

Water shall be delivered to users at a pressure no less than 20 pounds per square inch (psi) and no greater than 100 psi. Unless otherwise approved by the Miami-Dade Fire Department, minimum fire flow based on the land use served shall be maintained as follows:

c.

Water quality shall meet all Federal, State and County primary standards for potable water.

d.

System-wide storage capacity for finished water shall equal no less than 15 percent of the system-wide average daily demand.

Area Serviced by North Miami Beach

The City's water system shall provide 144 gallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) although 20 psi is the legal minimum.

(2)

Sanitary sewer service.

a.

Wastewater treatment plants shall operate with physical capacity no less than the annual average daily sewage flow.

b.

Effluent discharged from wastewater treatment plants shall meet all Federal, State and County standards.

c.

The system shall collectively maintain the capacity to collect and dispose of 102 percent of the average daily per capita sewage system demand for the preceding five years.

(3)

Traffic circulation.

a.

The minimum acceptable peak-period level of service standard for all State, County and City roads inside Aventura shall be the following:

1.

Where no public mass transit service exists, roadways shall operate at or above LOS E;

2.

Where mass transit service having headways of 20 minutes or less is provided within one-half mile distance, roadways shall operate at no greater than 120 percent of their capacity; or

3.

Where extraordinary transit service such as commuter rail or express bus service exists parallel roadways within one-half mile shall operate at no greater than 150 percent of their capacity.

b.

Traffic circulation level of service shall be determined using the following procedures:

1.

Level of service shall be calculated using the methodologies contained in the current version of The Highway Capacity Manual.

2.

For the purposes of this subsection "peak period" shall be defined as the average of the two highest consecutive hours of traffic volume during a weekday between the hours of noon and midnight.

c.

Development orders for developments located within the City's Transportation Concurrency Exception Area shall not be withheld because of a lack of concurrent roadway capacity unless, in the judgement of the Community Development Director, the failure to achieve concurrency poses a threat to the safety, health and welfare of the community.

(4)

Mass transit.

a.

A development site is considered to be served by mass transit if it meets any of the following criteria:

1.

It is located within a transit corridor. For the purposes of this subsection, a transit corridor is defined as the area one-half mile on either side of a transit route provided with peak service provided on headways of 60 minutes or less;

2.

It is located within a radius of one-half mile of any transit terminal with service provided on headways of 60 minutes or less; or

3.

Is provided with private transit or paratransit service.

b.

The level of service standard for mass transit in those areas of the City meeting all the following criteria shall be serviced with mass transit:

1.

Where the average combined population and employment density along a transit corridor exceeds 4,000 per square mile;

2.

It is estimated that there is sufficient demand to warrant service;

3.

The service is economically feasible; and

4.

The expansion of transit service into new areas is not provided at a detriment to existing or planned services in higher density areas with greater need.

(5)

Stormwater management (drainage). The drainage level of service standard is comprised of a flood protection standard component and a water quality component.

a.

Flood protection. The minimum acceptable flood protection level of service standard shall be protection from the degree of flooding that would result for a duration of one day from a ten-year storm, with the exceptions in previously developed canal basins as provided below, where additional development to this base standard would pose a risk to existing development. All structures shall be elevated no lower than one foot above base flood elevation or 18 inches above the highest point of the adjacent road crown elevation, whichever is higher.

b.

Water quality. The water quality level of service component of the standard shall be met when the annual average for each of the following 12 priority NPDES pollutants does not exceed the following target criteria for each of those pollutants within a canal basin, or sub-basin, as determined in accordance with procedures established by Miami-Dade County DERM:

Applicants seeking development orders in canal basins, or sub-basins, that do not meet either the FPLOS or the WQLOS shall be required to conform to Best Management Practices (BMPs) as provided by Miami-Dade County Code. Owners of commercial or industrial properties where BMPs are required, shall, at a minimum, demonstrate that their on-site stormwater system is inspected two times per year and maintained and cleaned as required. Private residential developments in areas where BMPs are required shall demonstrate that their on-site stormwater systems are inspected two times per year and maintained and cleaned as required.

(6)

Solid waste disposal. The Miami-Dade County Solid Waste Management System, which includes County-owned solid waste disposal facilities and those operated under contract with the County for disposal, shall, for a minimum of five years, collectively maintain a solid waste disposal capacity sufficient to accommodate waste flows committed to the system through long-term interlocal agreements or contracts with municipalities and private waste haulers, and anticipated non-committed waste flows.

(7)

Parks and recreation. The level of service standard for the provision of recreational open space shall be 2.75 acres of net usable park land per 1,000 permanent residents. For the purposes of this subsection "net useable park land" is defined as:

a.

Any City park, conservation land, greenway, recreation facility or marina, calculated at 100 percent of gross area;

b.

Any State or County regional park located within one mile of the boundaries of the City, calculated at 100 percent of gross area;

c.

Any private recreational parks, sites or facilities within the boundaries of the City, calculated at 50 percent of gross area; and

d.

Any private marina or golf course facility within the boundaries of the City, calculated at 25 percent of gross area.

(8)

Education. The adopted level of service (LOS) standard for all Miami-Dade County public school facilities and for Aventura City of Excellence School (ACES) is 100 percent utilization of Florida Inventory of School Houses (FISH) capacity (With Relocatable Classrooms). This LOS standard, except for magnet schools, shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by Miami-Dade County Public Schools.

The adopted LOS standard for magnet schools is 100 percent FISH (With Relocatable Classrooms) which shall be calculated on a districtwide basis.

Level of service standards for public school facilities shall apply to those traditional educational facilities, owned and operated by Miami-Dade County Public Schools, that are reguired to serve the residential development within their established Concurrency Service Area. Level of service standards do not apply to magnet schools, charter schools and other educational facilities that may have districtwide attendance boundaries; however, their capacity is credited against the impact of development. No credit against the impact of development shall be given for such districtwide educational facilities if their enrollment is at, or above, 100 percent FISH capacity (With Relocatable Classrooms).

Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational solution to achieve the level of service standard during replacement, remodeling, renovation or expansion of a public school facility; and in the event of a disaster or emergency which prevents the School Board from using a portion of the affected school facility.

If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will strive for all public school facilities to achieve 100 percent utilization of Permanent FISH (No Relocatable Classrooms) capacity by January 1, 2018.

All public school facilities should continue to maintain or decrease their percent utilization of FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100 percent utilization of Permanent FISH capacity (No Relocatable Classrooms) should no longer utilize relocatable classrooms except as an operational solution.

By December 2010, the City in cooperation with Miami-Dade County Public Schools will assess the viability of modifying the adopted LOS standard to 100 percent utilization of Permanent FISH (No Relocatable Classrooms) for all CSAs.

In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed development's impact, the development may proceed provided at least one of the following conditions is met:

a)

The development's impact can be shifted to one or more contiguous CSAs that have available capacity and is located, either in whole or in part, within the same Geographic Area as the proposed development: or

b)

The development's impact is mitigated, proportionate to the demand for public schools it created, through a combination of one or more appropriate proportionate share mitigation options, as defined in Section 163.3180 (13)(e)1, Florida. The intent of these options is to provide for the mitigation of residential development impacts on public school facilities, guaranteed by a legal binding agreement, through mechanisms that include one or more of the following: contribution of land: the construction, expansion or payment for land acguisition or construction of a permanent public school facility: or, the creation of a mitigation bank based on the construction of a permanent public school facility in exchange for the right to sell capacity credits. The proportionate share mitigation agreement is subject to approval by Miami-Dade County School Board and the City of Aventura and must be identified in the Miami-Dade County Public School Facilities Work Program, or;

The development's impacts are phased to occur when sufficient capacity will be available. If none of the above conditions is met, the development shall not be approved.

(Ord. No. 99-09, § 1(Exh. A, § 1109), 7-13-99; Ord. No. 2002-07, § 5, 3-5-02; Ord. No. 2009-02, § 2, 1-13-09; Ord. No. 2012-15, § 8, 10-2-12)

(a)

Definitions. For the purpose of this section, the following terms and phrases shall apply:

Antenna means any device used for the receipt of video programming services, including TVBS, MDS, DBS, ITFS and LMDS, and MMDS. A reception antenna that has limited transmission capability designed for the viewer to select or use video programming is a reception antenna provided that it meets the Federal Communications Commission standards for radio frequency emissions. A mast, cabling, or other accessory necessary for the proper installation, maintenance, and use of a reception antenna shall be considered part of the antenna. An "antenna" within the meaning of this article expressly excludes any device that comes within the definition of the term "antenna" in the LDR.

Antenna user means the person or entity that has a direct or indirect ownership interest in, and exclusive control over, the property upon which the antenna is located.

Applicant means any person submitting an application within the meaning of this article.

Application means any proposal, submission or request to install a satellite dish. An application includes an applicant's initial proposal, submission or request, any and all subsequent amendments or supplements of the proposal, relevant correspondence, and all written and oral representations, and/or material made or provided to the City.

Commission or FCC shall mean the Federal Communications Commission or any successor governmental entity thereto.

Communications Act means the Communications Act of 1934, 47 U.S.C. § 151 et seq., as the Act has and may hereinafter be amended.

Large satellite dish means any satellite earth station antenna that is not defined as a "small satellite dish".

Mast means a structure to which an antenna is attached that raises the antenna height.

National Historic Preservation Act means the National Historic Preservation Act of 1966, 16 U.S.C., § 470 et seq., as the Act has and may hereafter be amended.

Permit means the authorization expressly granted by the City to an antenna user to install an antenna on the property wherein the user has a direct or indirect ownership interest. The term does not include any other authorization, including, but not limited to, a franchise, license, or permit that may be covered by other laws, ordinances or regulations of Federal, State, or any local government entity including other laws or regulations of the City.

Small satellite dish means any receive-only satellite earth station antenna that is two meters or less in diameter and located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-Federal land-use regulation, or a satellite earth station antenna that is one meter or less in diameter in any area regardless of land use or zoning category.

Temporary or moveable dish means an antenna which is not anchored in the ground or which is not affixed to a permanent structure.

VSAT means a commercial satellite service that may use satellite antennae less than one meter in diameter but that is not used to provide over-the-air video programming.

(b)

Purpose and intent. It is the purpose and intent of this section to establish rules and regulations consistent with Federal policy with respect to the installation, placement, maintenance and use of satellite dishes designed for over-the-air reception of television broadcast signals that:

(1)

Ensure that consumers have access to a broad range of video programming services;

(2)

Fosters full and fair competition among different types of video programming services;

(3)

Satisfy the City's legitimate governmental interests in protecting lives and property and promoting the public's safety, health and including, but not limited to:

a.

Reducing the likelihood that satellite dishes will become windblown hurricane hazards;

b.

Reducing crime and the opportunity for crime; and

(4)

Ensure compliance with all applicable Federal, State and local law, rules and regulations, including, but not limited to, the Florida Building Code.

(c)

Small satellite dish regulation.

(1)

Small satellite dish antennas are subject to the following requirements:

a.

The satellite antenna installation shall require the approval of the City Manager or his designee.

b.

The approval of the City Manager or his designee is contingent upon the compliance by the satellite antenna with the regulations of the City.

c.

Where the construction, connection or installation of an antenna requires a permit under the Florida Building Code (the "Code"), a permit shall be obtained.

d.

To avoid any possibility of delay with respect to the deployment of an antenna, any person who wishes to install or have installed an antenna may do so without the advance filing of an application, the advance payment of the application fee and the filing and obtaining in advance of a permit, as such are required in this section; provided, however, that the installer or the person for whom the antenna is installed must provide written notice to the City within 48 hours after any such installation (exclusive of weekends and legal holidays) reporting the facts of such installation (i.e., the address of the installation, identity of the person responsible for the antenna at the installation-site and location of the antenna as installed) as may be required as part of the City's application and submitting the requisite fee. Failure to comply with such requirements is a violation of this section.

e.

As soon as staff resources permit, the City will inspect the installation to determine if it complies with the requirements of this section and the Code (if such Code is also applicable). Neither the approval of the City Manager or his designee nor a permit under the Florida Building Code will be unreasonably withheld to delay antenna deployment.

f.

If an antenna is deployed in advance, but does not comply with this section, the Code or both in any respect, the City shall not be responsible for any costs incurred in connection with any alteration, modification, redeployment or reinstallation of an antenna in order for it to achieve full compliance.

g.

Alternatively, the person who wishes to install an antenna may file the application, pay the fee and obtain the permit, if one is required, in advance of the installation.

h.

If a satellite plan is in compliance with Federal and local rules, approval of the City Manager or his designee and a permit under the Code will be issued within 20 days of application, absent exceptional circumstances.

i.

Such permitting process shall be no more burdensome than is necessary to ensure public health and safety.

j.

Review and approval shall be required on an annual renewal basis and at such time the applicant shall be required to submit photos of the antenna taken from the street and adjacent properties. This is necessary to assure continued compliance and to keep the City appraised of the status of satellite communications within the City.

(2)

The City Manager or his designee shall review all installations and applications for small satellite antenna approvals for such installations within 20 days of receipt of applications, absent exceptional circumstances, to determine that the installation meets the following permit conditions:

a.

The installation or modification of a satellite earth station shall be in accordance with all applicable construction and safety codes and procedures and shall meet the requirements of the Florida Building Code.

b.

No antenna shall be permitted in a front yard or on the front part of any roof which runs parallel with the front property line, except in the instance of corner lots where only one side will be designated the front property line (the "front" shall be the same as the street address of the property as assigned by the United States Post Office).

c.

Every reasonable effort must be made to locate the antenna in a manner where it is effectively screened by a fence, near a structure or near another protective barrier which will decrease the likelihood of a broken or dislodged antenna becoming a windblown hurricane hazard.

d.

The City shall charge a $10.00 administration fee for review of each application and installation. Such fee shall be remitted with the application.

e.

No antenna installation shall ultimately be authorized by the City Manager or his designee unless the fee has been paid and the installation has been approved in writing and evidence of the issuance of a permit is produced where required.

f.

The antenna shall be ground-mounted or located on the side of a structure as close to the ground as is reasonably possible.

g.

Ground-mounted satellite earth stations shall conform to the minimum setback requirements as are required for the principal building on the building site pursuant to the Florida Building Code and any applicable Land Development Regulations.

h.

Ground-mounted satellite earth stations shall conform to the minimum setback requirements from the waterway as required for the principal building location on the property pursuant to the Florida Building Code and any applicable Land Development Regulations.

i.

Ground-mounted satellite earth stations shall conform to minimum setback requirements from power lines which shall be, at minimum, no less than eight feet from any power line over 250 volts.

j.

Except as provided in subsection (4) below, no antenna shall be placed upon a roof area that is supported by trusses.

k.

Each antenna and antenna installation shall be required to be painted in a fashion so that it blends into the background against which it is mounted.

l.

Special requirements for temporary or moveable antennas. The provisions of this subsection (2) shall apply to "temporary or moveable" dish or dish antennas. All temporary or moveable dish antennas must be removed within six months after a permit has been issued absent the receipt of approval as provided by this subsection.

(3)

VSAT, is not within the purview of this article because it is not used to provide over-the-air video programming.

(4)

If, as a result of compliance with this section's requirements as set forth above, reception is impaired, the cost to comply is or would be unreasonable, or the installation may be unreasonably delayed, the City Manager may approve plans which deviate from the requirements of this section as follows (in order of the most acceptable deviation to least): The following list enumerates the hierarchy of deviations. The City Manager must deviate from requirement a. before deviating from requirement b., must deviate from requirements a. and b. before deviating from requirement c., must deviate from requirements a., b., and c. before deviating from requirement d., and must deviate from requirements a., b., c., and d. before deviating from requirement e.

a.

The antenna shall not be located in a historic district listed or eligible to be listed in the National Register of Historic Places, as set forth in the National Historic Preservation Act of 1966.

b.

The antenna shall be ground-mounted or located on the side of a structure as close to the ground as is reasonably possible.

c.

An antenna shall not be placed on a roof area which is supported by trusses;

d.

No antenna shall be permitted in a front yard area or on the front part of any roof which runs parallel with the front property line, except in the instance of corner lots where only one side will be designated the front property line. The "front" shall be the same as the street address of the property as assigned by the United States Post Office.

e.

Any other deviation from the requirements of this section must be justified, taking into consideration the location and surrounding structures, fences, landscaping and other features.

(5)

a.

Rooftop installation of satellite dish or dish antennas will only be permitted where:

1.

A City Building Official/Truss Manufacturer approves the method of attachment proposed by the applicant before the installation;

2.

The antenna is anchored to the roof in conformance with the requirements of the Florida Building Code; and

3.

A professional engineer certifies as safe any infrastructure improvements made to fortify the truss system or the truss system as designed to which the antenna will be installed.

Such certification must be obtained, absent exceptional circumstances, within 20 days of installation.

b.

The installation of any antenna structure mounted on the roof of a building shall not be erected nearer to the lot line than the total height of the antenna structure above the roof, nor shall such structure be erected near electric power lines or encroach upon any street or other public space.

c.

Antenna users must obtain a special permit as described in subsection (6) herein, in cases in which the antennas extend more than 12 feet above the roof line in order to receive signals.

(6)

Mast installation.

a.

Mast height may be no longer than absolutely necessary to receive acceptable quality signals.

b.

Masts that extend 12 feet or less beyond the roof line may be installed subject to the regular notification process. Masts that extend more than 12 feet above the roof line must be approved before installation due to safety concerns posed by wind loads and the risk of falling antennas and masts. Any application for a mast that extends more than 12 feet above the roof-line must include a detailed description of the structure and anchorage of the antenna and the mast, as well as an explanation of the necessity for a mast higher than 12 feet. If this installation will pose a safety hazard to City residents and visitors then the City may prohibit such installation. The notice of rejection shall specify these safety risks.

c.

Masts must be installed by a licensed and insured contractor.

d.

Masts must be painted the appropriate color to match their surroundings.

e.

Masts installed on a roof shall not be installed nearer to the lot line than the total height of the masts and antenna structure (combined height) above the roof. The purpose of this regulation is to protect persons and property that would be damaged if the mast were to fall during a storm or from other causes.

f.

Masts shall not be installed nearer to electric power lines than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to avoid damage to electric power lines if the mast should fall in a storm.

g.

Masts shall not encroach upon another owner's lot or common property.

h.

Masts installed on the ground must sustain a minimum of 120 mile per hour winds, or such speeds as otherwise provided in the applicable Building Codes.

(7)

Applicability. The regulations in this section shall be applied in a nondiscriminatory manner to other appurtenances, devices and fixtures that are comparable in size, weight and appearance to the subject antennas and to which local regulations would normally apply.

(d)

Large satellite dish regulation. The provisions of subsection (c) shall apply to large satellite dish antennas. To the extent that any provision of subsection (c), (1) materially limits transmission or reception by satellite earth station antennas, or (2) imposes more than minimal costs on users of such antennas and to the extent that the City cannot demonstrate that such regulation is reasonable, that provision shall not apply.

(e)

Violation of section. Violation of specified conditions and safeguards, when made part of the terms under which the antenna is approved, or the various provisions of this section, shall be deemed grounds for revocation of permit and punishable as a violation of the Land Development Regulations. A maximum fine of $100.00 per violation may be imposed for any violation of this section.

(f)

Contact. Both the City and the antenna user shall provide one another with the name and address of the contact designated to receive notices, filings, reports, records, amendments, and other types of correspondence or information that relate to administration and/or enforcement of this section. All notices affecting the legal rights of the parties and all other filings, reports, records, documents and other types of correspondence shall be in writing, and shall be deemed served when delivered by hand or personal service, certified mail return receipt requested, registered mail, or express delivery by the designated contact. If such notice is not timely served, then parties shall follow State rules to determine the consequence of the non-timely service of notice, and the rights and remedies of the affected parties.

(Ord. No. 99-09, § 1(Exh. A, § 1110), 7-13-99; Ord. No. 2012-15, § 2, 10-2-12)

(a)

Purpose. The regulations and requirements establish general guidelines for the siting of wireless telecommunications towers and antennas and are intended to accomplish the following purposes:

(1)

Protect and promote the public health, safety and general welfare of the residents of the City;

(2)

Minimize residential areas and land uses from potential adverse impacts of towers and antennas;

(3)

Encourage the location of towers in non-residential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4)

Minimize the total number of towers throughout the community by strongly encouraging the co-location of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single-use telecommunications towers;

(5)

Encourage users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(6)

Minimize potential damage to property from telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained; and

(7)

Encourage colocation among wireless telecommunications service providers and enhance the ability of providers of telecommunications services to provide such services to the community through an efficient and timely application process pursuant to F.S. § 365.172 as amended. In furtherance of these goals, the City shall at all times give due consideration to the City's master plan, comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of telecommunications towers and antennas.

(b)

Definitions. As used in this section, the following terms shall have the meanings set forth below, and shall control over any other definitions contained in the City's Code of Ordinances or LDRs:

Accessory use means a secondary use including a use that is related to, incidental to, subordinate to and subservient to the main use of the property on which an antenna and/or telecommunications tower is sited.

Alternative tower structure means a design mounting structure that camouflages or conceals the presence of an antenna or telecommunications tower. For example, manmade trees, clock towers, bell steeples, light poles, utility poles and similar alternative designs. An antenna mounted on a utility pole shall be subject to all requirements as stated in this article.

Applicant means a person or entity with an application before the City for a permit for a personal wireless service facility.

Antenna means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in telecommunications [personal wireless] services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

Backhaul network means the lines that connect a provider's telecommunications towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Broadcasting facility means any telecommunications tower built primarily for the purpose of broadcasting AM, FM or television signals.

Carrier means a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services.

Colocation means the use of a common mount by two or more wireless carriers.

Commercial mobile radio services. Per Section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video. According to the FCC, these services are "functionally equivalent services". Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.

Essential service means those services provided by the City and other governmental entities that directly relate to the health and safety of its residents, including fire, police and rescue.

Extraordinary conditions means subsequent to a hurricane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection.

FAA means the Federal Aviation Administration.

Fair market value means the price at which a willing seller, or telecommunications tower owner, and willing buyer, or service provider seeking to rent space on owner's telecommunications tower, will trade.

FCC means the Federal Communications Commission.

Guyed tower means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

Height when referring to a telecommunications tower or other related structure, means the vertical distance measured from the finished grade of the parcel to the highest point on the telecommunications tower or other related structure, including the base pad and any antenna.

Lattice tower means a telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports.

Microwave dish antenna means a dish-like antenna used to link telecommunications [personal wireless service] sites together by wireless transmission and/or receipt of voice or data.

Monopole tower means a telecommunications tower consisting of a single pole or spire self-supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports.

Personal wireless services is defined as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. This definition includes analog and digital (800 MHz) cellular, broadband PCS (1850-1900 MHz) services and enhanced specialized mobile radio and paging services.

Pre-existing towers and pre-existing antennas means any telecommunications tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this article, including permitted telecommunications towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Search area means the geographic area in which a telecommunications facility must be located in order to provide FCC required coverage, as certified through an affidavit by a Radio Frequency engineer as to radio frequency waves or other such appropriate technical expert.

State of the art means existing technology where the level of facilities, technical performance, capacity, equipment, components and service are equal to that developed and demonstrated to be more technologically advanced than generally available for comparable service areas in South Florida.

Stealth facility means any telecommunications facility which is designed to blend into the surrounding environment. Examples of such facilities would include, but not be limited to, architecturally screened roof mounted antennae, building-mounted antennae painted to match the existing structure, antennae integrated into architectural elements, and telecommunications towers designed to look like light poles, power poles, or trees.

Telecommunications facility means a facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service.

Telecommunications services means the offering of telecommunication (or the transmission, between or among points, specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received), for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Personal wireless communication services shall not be considered as essential services, public utilities or private utilities.

Telecommunications tower or tower means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving personal wireless services, telephone, radio and similar communication purposes, including lattice, monopole and guyed telecommunications towers. The term includes radio and television transmission telecommunications towers, microwave telecommunications towers, common-carrier telecommunications towers, cellular telephone telecommunications towers, alternative telecommunications tower structures, among others.

Telecommunications tower height: means when referring to a communications tower or other structure, the distance measured from the finished grade of a parcel to the highest point on the tower or other structure, including the base pad and any antenna, but excluding lights and lightning rods.

Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.

(c)

Applicability.

(1)

New telecommunications towers and antennas. All new telecommunications towers or antennas in the City shall be subject to these regulations, except as provided in subsections (c)(2) through (3), inclusive.

(2)

Broadcasting facilities/amateur radio station operators/receive only antennas. This section shall not govern any telecommunications tower, or the installation of any antenna, that is for the use of a broadcasting facility or is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

(3)

Pre-existing telecommunications towers or antennas. Pre-existing telecommunications towers and pre-existing antennas shall not be required to meet the requirements of this section, other than the requirements of subsections (d)(10), (11) and (20).

(4)

AM array. For purposes of this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(d)

General requirements/minimum standards. The City shall grant or deny a properly completed application for a permit for the siting of a new wireless tower or antenna on property, buildings or structures within the City's jurisdiction within 90 business days after the date the properly completed application is submitted in accordance with the City's application procedures, provided that such permit complies with applicable federal regulations and is consistent with state law and applicable local zoning or land development regulations, including any aesthetic requirements. Local building regulations shall apply.

The City shall notify the permit applicant within 20 business days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, shall make the application properly completed.

If the City fails to grant or deny a properly completed application for a permit which has been properly submitted within the timeframes set forth in this section, the permit shall be deemed automatically approved and the provider may proceed with placement of such facilities without interference or penalty. The timeframes specified in this section shall be extended only to the extent that the permit has not been granted or denied because the City's procedures generally applicable to all permits require action by the City and such action has not taken place within the timeframes specified in this section. Under such circumstances, the City must act to either grant or deny the permit at its next regularly scheduled meeting or, otherwise, the permit shall be deemed to be automatically approved.

(1)

Lease required. Any construction, installation or placement of a telecommunications facility on any property owned, leased or otherwise controlled by the City shall require a lease agreement executed by the City and the owner of the facility unless otherwise prohibited by applicable law. The City may require, as a condition of entering into a lease agreement with a telecommunications service provider, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease.

(2)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or telecommunications tower on such lot.

(3)

Lot size. For purposes of determining whether the installation of a telecommunications tower or antenna complies with the City zoning provisions, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or telecommunications tower may be located on leased parcels within such lot.

(4)

Inventory of existing sites.

a.

Each applicant shall review the City's inventory of existing telecommunications towers, antennas, and approved sites. All requests for sites shall include specific information about the proposed location, height, and design of the proposed telecommunications tower. No new telecommunications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing telecommunications tower, structure or state of the art technology that does not require the use of new telecommunications towers or new structures can accommodate, or be modified to accommodate, the applicant's proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower, structure or state of the art technology is suitable shall consist of any of the following:

1.

An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on City owned telecommunications towers or usable antenna support located within a one-half mile radius of the proposed telecommunications tower site.

2.

An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a one-half mile radius of the proposed telecommunications tower site.

3.

An affidavit demonstrating that existing towers or structures located within the geographic search area as determined by a radio frequency engineer do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including but not limited to, applicable FCC requirements.

4.

Existing towers or structures are not of sufficient height to meet applicable FCC requirements.

5.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

6.

The applicant's proposed antenna would cause electromagnetic/radio frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

7.

The fees, costs, or contractual provisions required by the owner in order to share an existing telecommunications tower or structure or to adapt an existing telecommunications tower or structure for sharing are unreasonable. Costs exceeding new telecommunications tower development are presumed to be unreasonable.

8.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

9.

The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of applicant's FCC license, is unsuitable. Costs of state of the art technology that exceed new telecommunications tower or antenna development shall not by itself be presumed to render the technology unsuitable.

b.

The City may share such information with other applicants applying for a permitted use on private property and special exception use under this article or other organizations seeking to locate antennas within the jurisdiction of the City provided, however, that the City is not, by sharing such information, in any way representing or warranting that such information is accurate or that such sites are available or suitable.

(5)

Engineering report. All applicants for new telecommunications towers and pre-existing telecommunications towers which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the State of Florida. The report shall include:

a.

Site development plan of the entire subject property drawn to scale, including, without limitation:

1.

A tax parcel number, a legal description of the parent tract and leased parcel, total acres and Section/Township/Range of the subject property;

2.

The lease parcel fully dimensioned, including property lines, setbacks, roads on or adjacent to the subject property and easements;

3.

Outline of all existing buildings, including purpose (i.e. residential buildings, garages, accessory structures, etc.) on subject property;

4.

All existing vegetation, by mass or individually by diameter, measured for feet from the ground of each stand-alone tree on the subject property;

5.

Proposed/existing security barrier, indicating type and extent as well as point of controlled entry;

6.

Proposed/existing access easements, utility easements and parking for the telecommunications tower;

7.

All proposed changes to the subject property; including grading, vegetation removal, temporary or permanent roads and driveways, stormwater management facilities and any other construction or development attendant to the telecommunications tower.

8.

Scaled elevation drawing of proposed telecommunications tower, including location of all mounts, antennas, equipment buildings, fencing and landscaping.

9.

If applicable, on-site and adjacent land uses, and master plan classification of the site.

b.

If applicable, a narrative of why the proposed telecommunications tower cannot comply with the requirements as stated in this section.

c.

Type of telecommunications tower and specifics of design, including:

1.

Equipment brochures for the proposed tower such as manufacturer's specifications or trade journals reprints. These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any;

2.

Materials of the proposed tower specified by generic type and specific treatment (i.e. anodized aluminum, stained wood, painted fiberglass, etc). These shall be provided for the antennas, mounts, equipment shelters, cables and cable runs and security barrier, if any;

3.

Colors of the proposed tower represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any;

4.

Dimensions of the tower specified for all three directions; height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barriers, if any; and

5.

A visual impact analysis, with a minimum of two photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any, for the total height, width and breadth, as well as at a distance of 250 feet from all properties within that range or at other points agreed upon in a pre-application conference.

d.

Current wind-loading capacity and a projection of wind-loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower shall be permitted to exceed its wind loading capacity as provided for by the South Florida Building Code.

e.

A statement that the proposed telecommunications tower, including reception and transmission functions, will not interfere with the visual and customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and non-residential properties.

f.

A statement of compliance with all applicable building codes, associated regulations and safety standards as provided in subsection (d)(13) herein. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications tower. Except where provided in subsection (f)(2), all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two users and, at a minimum, self-support/lattice or guyed towers shall be able to accommodate three users.

g.

Any additional information deemed by the City to be necessary to assess compliance with this section.

h.

Special fee. The City shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The special fee shall be based upon the hourly rate of the independent technical consultant or expert that City deems necessary to properly evaluate applications for tower. The special fee shall be applicable to those applications requiring special review or evaluation, as determined by City staff. An incomplete application may be presumed to require special review or evaluation. The special fee shall be paid by the applicant to the City, promptly upon written demand by the City to the applicant.

(6)

Co-location. Pursuant to the intent of this section, co-location of telecommunication antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunication towers. Accordingly, in addition to submitting the information required in subsection (d)(4) of this section, each application shall include a written report certified by a professional engineer licensed to practice in the State of Florida, stating:

a.

The geographical service area requirements;

b.

Mechanical or electrical incompatibility;

c.

Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the telecommunications tower; and

d.

Any additional information required by the City. If the City does not accept the full evaluation as provided as accurate, or if the City disagrees with any part of the evaluation, the time in which an application is processed pursuant to this article shall be tolled pending further evaluation.

(7)

Co-location incentive. Pursuant to the intent of this section, the City shall provide the following incentive to service providers:

a.

The City shall grant or deny a properly completed application for a permit as provided in this section, for the co-location of a wireless communications facility on property, buildings or structures within the City's jurisdiction within 45 business days after the date the properly completed application is initially submitted in accordance with the City's application procedures, provided that such permit complies with all applicable federal regulations and applicable local zoning or land development regulations, including but not limited to any aesthetic requirements. Local building regulations shall apply.

(8)

Aesthetics. Towers and antennas shall meet the following requirements:

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b.

At a telecommunications tower site, the design of the buildings and related associated ancillary structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact.

c.

All telecommunications tower sites must comply with any landscaping requirements of the City Code and all other applicable aesthetic and safety requirements of the City, and the City may require landscaping in excess of those requirements in order to enhance compatibility with adjacent residential and non-residential land uses. All landscaping shall be properly maintained to ensure good health and viability at the owners expense. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound consisting of the telecommunications tower and antennas, backhaul network and any structure or equipment cabinet, from property used for residences. The standard buffer shall consist of a landscaped strip at least five feet wide outside the perimeter of the compound. In locations where the visual impact of the telecommunications tower would be minimal, the landscaping requirement may be reduced or waived by the City Manager or his designee. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases as determined by the City Manager or his designee, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

d.

If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(9)

Lighting. No signals, artificial lights, or illumination shall be permitted on any antenna or telecommunications tower unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(10)

Setbacks. Towers must be set back a minimum distance of 110 percent of the height of the telecommunications tower from the property line.

(11)

Separation. Any telecommunications tower shall be separated from any other telecommunications tower by a distance of no less than one mile as measured by a straight line between the bases of the towers.

(12)

Height. Telecommunications towers shall not be constructed at any heights in excess of those provided below:

a.

For a single user, up to 90 feet in height;

b.

For two users, up to 120 feet in height;

c.

For three or more users, up to 150 feet in height;

d.

For the purpose of determining compliance with all requirements of this section, measurement of telecommunications tower height shall include the telecommunications tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the telecommunications tower structure itself. Telecommunications tower height shall be measured from grade.

(13)

Local, State or Federal requirements. The construction, operation and repair of telecommunications facilities are subject to the regulatory supervision of the City, and shall be performed in compliance with all laws, ordinances and practices affecting such system including, but not limited to, zoning codes, building codes, and safety codes, and as provided in subsection (d)(10) and (11). The construction, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. All telecommunication towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, State or Federal government with the authority to regulate towers and antennas prior to issuance of a building permit by the City. If such applicable standards and regulations require retroactive application, then the owners of the telecommunications towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications tower at the owner's expense.

(14)

Building codes; safety standards.

a.

To ensure the structural integrity of telecommunications towers installed, the owner shall construct and maintain the telecommunications tower in compliance with the South Florida Building Code, and all other applicable codes and standards, as amended from time to time. A statement shall be submitted to the City by a professional engineer certifying compliance with this subsection upon completion of construction and/or subsequent modification. Where a preexisting structure, including light and power poles, is requested as a stealth facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this article. Following the issuance of a building permit, the City shall require the owner to provide a professional analysis of a soil sample from the base of the telecommunications tower site to assure integrity of the foundation.

b.

The City reserves the right to conduct periodic inspection of telecommunications towers to ensure structural and electrical integrity. If, upon inspection, the City concludes that a telecommunications tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the telecommunications tower, the owner shall have no more than 30 days to bring such telecommunications tower into compliance with such standards. Failure to bring such telecommunications tower into compliance within 30 days shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense.

(15)

Warning signs. Notwithstanding any contrary provisions of the City's Code, the following shall be utilized in connection with any telecommunications tower or antenna site, as applicable.

a.

If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart.

b.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than 40 feet apart.

c.

The height of the lettering of the warning signs shall be at least 12 inches in height. The warning signs shall be installed at least five feet above the finished grade.

d.

The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.

(16)

Security fencing. Telecommunications towers and the accessory building(s) and/or equipment associated therewith shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the City may waive such requirements.

(17)

Measurement. For purposes of measurement, telecommunications tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of Municipal and County jurisdictional boundaries.

(18)

Not essential services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(19)

Franchises/licenses. Owners and/or operators of towers or antennas shall certify that all franchises/licenses required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required franchises/licenses with the City.

(20)

Public notice. For purposes of this section and notwithstanding any other requirements with regard to public notice in the City's Code, any request for a conditional use on private property shall require a public hearing that shall be advertised at least seven days before the public hearing in accordance with F.S. Ch. 50. A courtesy notice shall also be mailed to all affected property owners within 300 feet of the subject property prior to the public hearing. The property shall also be posted with a sign in accordance with the City's zoning provisions. If approved, the owner of any telecommunications tower approved for shared use shall provide notice of the location of the telecommunications tower and the tower's load capacity to all other providers regulated by this article. All costs related to the public notice shall be paid by the applicant.

(21)

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna or telecommunications tower.

(22)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection (h) below.

(23)

Inspections; reports; fees.

a.

Telecommunications tower owners shall submit a report to the City certifying structural and electrical integrity every two years. The report shall be accompanied by a non-refundable fee of $200.00 to reimburse the City for the cost of review.

b.

The City may conduct periodic inspection of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provisions of this section. The owner of the telecommunications tower may be required by the City to have more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the telecommunications tower is jeopardized. There shall be a maximum of one inspection per year unless emergency or extraordinary conditions warrant.

(e)

Permitted uses on public property.

(1)

General. The uses listed in this section apply specifically to all wireless telecommunications antennas and towers located on property owned, leased, or otherwise controlled as specified in subsection (d)(1) by the City, provided a lease agreement pursuant to subsection (d)(1) has been approved by the City. The City reserves the right to modify or waive the requirements for use on public property, but shall not be required to provide access to City property. A determination whether to grant or deny a waiver request shall be made in accordance with standards to be adopted by administrative regulation of the City.

(2)

Uses. The City Manager is authorized to execute lease agreements and waive requirements as provided in subsection (d) on behalf of the City. The uses permitted under this section are as follows:

a.

Rooftop mounted telecommunications towers and antennas.

1.

The height, including support structures, shall not extend more than 30 feet above the average height of the roof line;

2.

Screening shall be required to minimize the visual impact upon adjacent properties;

3.

No more than one telecommunications tower shall be located on a single lot or single building site; and

4.

Rooftop telecommunications towers shall not adversely affect adjacent properties.

b.

Telecommunications towers and/or antennas constructed pursuant to this section shall be exempt from the minimum distances from residential zoning districts as provided in subsection (g) below.

c.

No lease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the city for delivery of telecommunications services or any other purpose.

d.

No lease granted under this section shall convey any right, title or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purposes and term stated in the lease. No lease shall be construed as a conveyance of a title interest in the property.

(f)

Permitted uses on private property.

(1)

General. The uses listed in this section apply to all wireless telecommunications antennas and telecommunications towers located on private property. The following provisions shall govern the issuance of approval by the City pursuant to this section:

a.

Each applicant shall apply to the City for a permit providing the information as set forth in subsections (d) and (g) of this section, and a nonrefundable fee of $1,500.00 to reimburse the City for the costs of reviewing the application.

b.

The City shall review the application and determine if the proposed use complies with applicable subsections of this section.

c.

The City shall respond to each such application pursuant to section 31-241(d) taking into consideration the time dictated by the nature and scope of the individual request, subject to the generally applicable time frames and pursuant to the intent of section 704 of the Telecommunications Act of 1996, but in no event more than 20 days for administrative zoning decisions. Building permit applications shall be processed within a reasonable period of time.

d.

In connection with any such approval, the City may, to encourage the use of monopoles towers, allow the reconstruction of an existing telecommunications tower to monopole construction. The reconstruction shall, at all times, comply with the standards and requirements of this section.

e.

If an application pursuant to this section is denied, the applicant shall file an application for a special exception use permit pursuant to subsection (g).

(2)

Uses. The following uses may be approved by the City Manager or his designee after conducting an administrative review:

a.

Antennas on pre-existing structures. Any additional wireless communication facilities required within the existing secured equipment compound within the existing site, such as communication cables, adjacent accessory structures or adjacent accessory equipment used in the provision of cellular, enhanced specialized mobile radio, or personal communications services, shall be deemed a permitted use or activity. Local building and land development regulations, including any aesthetic requirements, shall apply. Any antenna which is not attached to a pre-existing telecommunications tower may be approved by the City as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided:

1.

The antenna does not extend more than 30 feet above the highest point of the structure;

2.

The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and

3.

To minimize adverse visual impacts, antennas shall be selected based upon the following priority:

i.

Any stealthed antenna;

ii.

Panel;

iii.

Whip; and

iv.

Dish.

The applicant shall demonstrate, in a manner acceptable to the City, why each choice cannot be used for a particular application if that choice is not the top priority.

b.

Antennas on pre-existing telecommunications towers. An antenna which is attached to a pre-existing telecommunications tower may be approved by the City provided such co-location is accomplished in a manner consistent with the following:

1.

A telecommunications tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same telecommunications tower type as the existing telecommunications tower, unless the City allows reconstruction as a monopole pursuant to this section.

2.

Height. An existing telecommunications tower may be modified or rebuilt to a taller height, to accommodate the co-location of an additional antenna(s), only if the modification or reconstruction is in full compliance with this section. This provision shall include utility and powerpoles. The additional height referred to above shall not require an additional distance separation as set forth in subsection (g). The tower's premodification height shall be used to calculate such distance separations.

3.

Onsite location. A telecommunications tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within 50 feet of its existing location. After the telecommunications tower is rebuilt to accommodate co-location, only one telecommunications tower may remain on the site. A relocated onsite telecommunications tower shall continue to be measured from the original telecommunications tower location for purposes of calculating separation distances between towers pursuant to subsections (d)(11) and (g)(3)b. The location of a telecommunications tower shall in no way be deemed to cause a violation of subsections (d)(11) and (g)(3)b.

4.

Microwave dish antennas located less than 65 feet above the ground may not exceed six feet in diameter. Microwave dish antennas located 65 feet and higher above the ground may not exceed eight feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from abutting public streets.

c.

Alternative telecommunications tower structure. Locating an alternative telecommunications tower structure in an MI, OP, MO and B2 zoning district that is in conformity with the goals set forth in subsection (a) of this section.

d.

Cable microcell network. Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

e.

Additional wireless communications facilities. Any additional wireless communications facilities required within the existing secured equipment compound within the existing site, such as communications cables, adjacent accessory structures or adjacent accessory equipment used in the provision of cellular, enhanced specialized mobile radio or personal communications services, shall be deemed a permitted use or activity. Local building and land development regulations, including any aesthetic requirements, shall apply.

(g)

Conditional use.

(1)

General. The provisions listed in this section apply only where an application for the construction of a telecommunications tower or the placement of an antenna in a zoning district does not meet the criteria for approval as provided in subsections (d), (e) or (f) of this section. An applicant for a conditional use permit shall submit information described in subsection (d) and the City's Code of Ordinances and any other reasonable information the City may require. The following provisions shall govern the issuance for conditional use permits:

a.

Compliance with the procedures and requirements of special exception uses as stated in the City's Code of Ordinances, including the zoning provisions, and as required in this section.

b.

In granting a permit, the City may impose conditions to the extent the City concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications tower or antenna on adjoining properties or to satisfy the special exception criteria.

c.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

d.

A non-refundable fee of $500.00 to reimburse the City for the costs of reviewing the application, in addition to all other applicable fees required by the City.

(2)

Setbacks. Notwithstanding any contrary provision of the City's zoning regulations, the following setback requirements shall apply to all telecommunications towers for which a permit under this section is required:

a.

Towers must be set back a minimum distance of 110 percent of the height of the telecommunications tower from the property line.

b.

The base of any guys and accessory buildings must satisfy the minimum zoning district setback requirements with reference to special exception use, but not to include reference to rights-of-way controlled by the City.

(3)

Separation. The following separation requirements shall apply to all telecommunications towers and antennas for which a conditional use permit is required:

a.

Separation from off-site uses/designated areas. Telecommunications tower separation shall be measured from the base of the telecommunications tower to the lot line of the off-site uses and/or designated areas as specified in Table 31-241, except as otherwise provided in Table 31-241. Separation requirements for towers shall comply with the minimum standards established in Table 31-241.

b.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to section 45-104(d) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications tower(s) and the owner/operator of the existing telecommunications tower(s), if known.

TABLE 31-241

* Includes modular homes and mobile homes used for living purposes.

**Separation measured from base of telecommunications tower to closest building setback line.

c.

Separation distances between telecommunications towers. Separation distances between telecommunications towers shall be applicable for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommunications tower and the proposed base, pursuant to a site plan, of the proposed telecommunications tower. The separation distance shall be a minimum of one mile, regardless of type of towers.

(4)

Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of permit applications pursuant to the City's Code of Ordinances, including the LDRs, the City shall consider the following factors in determining whether to issue a permit:

a.

Availability of suitable existing telecommunications towers, other structures, or state of the art technologies not requiring the use of towers or structures.

b.

Height of the proposed telecommunications tower.

c.

The setback and separation distances between the proposed telecommunications tower and the nearest residential units or residentially zoned properties.

d.

Proximity of the telecommunications tower to residential structures and residential district boundaries.

e.

Nature of uses on adjacent and nearby properties.

f.

Surrounding topography.

g.

Surrounding tree coverage and foliage.

h.

Design of the telecommunications tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, and

i.

Proposed ingress and egress.

(h)

Buildings or other equipment facilities. The following standards shall apply:

(1)

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with all of the following:

a.

The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 80 inches in height. In addition, for buildings and structures which are less than four stories in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or three feet in height, shall be located on the ground and shall not be located on the roof of the structure unless the building or structure is completely screened from sight pursuant to the requirements of subsection (d)(8).

b.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than five percent of the roof area.

c.

Equipment buildings or cabinets shall comply with all applicable zoning and building codes, including minimum setback requirements, as provided in subsection (g).

d.

Mobile or immobile equipment not used in direct support of a telecommunications tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the telecommunications tower are being made.

e.

All buildings and equipment cabinets shall be unoccupied at all times.

(2)

Antennas not located on telecommunications tower; mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

a.

In residential districts, the equipment cabinet or structure may be located:

1.

In a side yard setback provided the cabinet or structure is no greater than three feet in height or 16 square feet of gross floor area and the cabinet/structure is located a minimum of five feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.

2.

In a rear yard setback, provided the cabinet or structure is no greater than five feet in height or 16 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of 72 inches and a planted height of at least 36 inches.

b.

In commercial or industrial districts the equipment cabinet or structure shall be no greater than five feet in height or 25 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of 72 inches and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid masonry fence six feet in height or an evergreen hedge with an ultimate height of six feet and a planted height of at least 36 inches.

(3)

Antennas located on towers. The related unmanned equipment structure shall not contain more than 1500 square feet of gross floor area or be more than eight feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(i)

Removal of abandoned antennas and towers. Any antenna or telecommunications tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or telecommunications tower shall remove the same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or telecommunications tower within the 90 days shall be grounds for the City to remove the telecommunications tower or antenna at the owner's expense. If there are two or more users of a single telecommunications tower, then this provision shall not become effective until all users cease using the telecommunications tower.

(j)

Nonconforming uses.

(1)

Not expansion of nonconforming use. Telecommunications towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)

Pre-existing telecommunications towers. Lawful pre-existing telecommunications towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new telecommunications tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing telecommunications tower shall comply with the requirements of this article.

(3)

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding subsection (i), bona fide nonconforming telecommunications towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a permit and without having to meet the separation requirements specified in subsections (g)(2) and (3). The type, height, and location of the telecommunications tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the telecommunications tower or antenna shall be deemed abandoned as specified in subsection (i).

(k)

Protection of the City and residents.

(1)

Indemnification. The City shall not enter into any lease agreement until and unless the City obtains an adequate indemnity from such provider. The indemnity must at least:

a.

Release the City from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the telecommunications facility. Each telecommunications facility operator must further agree not to sue or seek any money or damages from the City in connection with the above mentioned matters;

b.

Indemnify and hold harmless the City, its Commission, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from or of each telecommunications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions.

c.

Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify.

(2)

Insurance. The City may not enter into any lease agreement until and unless the City obtains assurance that such operator (and those acting on its behalf) have adequate insurance. At a minimum, the following requirements must be satisfied:

a.

A telecommunications facility operator shall not commence construction or operation of insurance by the City Manager, nor shall a telecommunications facility operator allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved.

b.

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage.

c.

These certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Florida.

d.

In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the City, then in that event, the telecommunications facility operator shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period has been obtained.

(3)

Comprehensive general liability. A telecommunications facility operator and its contractors or subcontractors engaged in work on the operator's behalf, shall maintain minimum insurance to cover liability, bodily injury (including death) and property damage. Exposures to be covered are: premises, operations, and those certain contracts relating to the construction, installation or maintenance of the telecommunications facility. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the City and the telecommunications facility operator.

(l)

Security fund. Every telecommunications service provider whether on public or private property shall establish a cash security fund, or provide the City with an irrevocable letter of credit in the same amount, to secure the payment of removing an antenna or telecommunications tower that has been determined to be abandoned, in the event the owner is not in compliance with subsection (i). The amount to be provided for each telecommunications tower shall be $25,000.00; the amount for each antenna array shall be $5,000.00. In the alternative, at the City's discretion, an operator may, in lieu of a cash security fund or letter of credit, file and maintain with the City a bond with an acceptable surety in the amount of $25,000.00. The operator and the surety shall be jointly and severally liable under the terms of the bond. In the alternative, at the City's in lieu of the cash

(m)

Penalties. Any person, firm or corporation who knowingly breaches any provision of this article shall upon receipt of written notice from the City be given a time schedule to cure the violation. Failure to commence to cure within 30 days and to complete cure, to the City's satisfaction, within 60 days, or such longer time as the City may specify, shall result in revocation of any permit or license and the City shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law.

(n)

Provisions of this article to control. Notwithstanding any contrary provisions of the City's Code of Ordinances, including the City's LDRs, the provisions of this section shall control.

(Ord. No. 99-09, § 1(Exh. A, § 1111), 7-13-99; Ord. No. 2004-06, §§ 1—8, 3-2-04; Ord. No. 2024-03, § 4, 1-18-24)

(a)

In general. To the fullest extent allowed by applicable law, it is hereby provided that no person shall knowingly maintain, erect, or construct any building or structure, install or operate any electronic device, system, metals, or apply any coatings or other paints for commercial use, multi-family dwelling, or institutional use that would degrade, block or limit the penetration and or transmission of radio waves into or out of any building or structure and thereby fail to support adequate radio coverage for the City's Police Department radio system or the City's Police Department's interoperability with other public safety communications. For purposes of this section, the term "adequate radio coverage," shall include each of the following:

(1)

Minimum signal strength of - 95 dbm received at the City's radio site when transmitted from 90 percent of the area of each floor of the building,

(2)

A minimum signal strength of 95 dbm available in 90 percent of the area of each floor of the building when transmitted from the City's radio site,

(3)

The frequency range that must be supported shall be 810-860 MHz, and

(4)

A 95 percent reliability factor.

(b)

Amplifications systems allowed. Buildings and structures which cannot support the required level of radio coverage shall be equipped with either a radiating cable or an internal multiple antenna system with or without FCC type accepted bi-directional 800MHz amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of 12 hours without external power input. The battery system shall automatically recharge in the presence of external power input. If used, the bi-directional amplifiers shall include filters to reduce adjacent frequency interference at least 3 dbm below the National Public Safety Planning Advisory Committee band.

(c)

Testing procedures.

(1)

Initial tests. Initial test will be performed by the City's Police Department personnel or any assigned representative qualified to conduct such testing as authorized by the City's Police Department personnel. A temporary certificate of occupancy will not be issued to any structure if the building fails to comply with this section.

(2)

Annual tests. Annual tests will be conducted by the City's Police Department or any assigned representative qualified to conduct such testing.

(3)

Field testing. Police personnel, after providing adequate notice to the owner or his representative shall have the right to enter onto the property to conduct field testing to be certain that the required level of radio coverage is present.

(d)

Restriction. To the fullest extent allowed by applicable law, no existing or future telecommunications facilities, towers, antennas, personal wireless services facilities or other facilities or structures shall interfere with any public safety radio communications systems including, but not limited to, the 800MHz radio system operated by the City's Police Department which provides essential services and other public safety communications during emergencies and disasters. The owner or operator of the aforementioned facilities is responsible for compliance with these performance standards. If any such facilities are found to interfere with essential services or other public safety/police radio communication system, the facilities operator will, to the extent allowed by applicable law, cease operation of the facility within 24 hours of receipt of notice from the City until the interference problem is rectified to the satisfaction of the City. A violation of these performance standards constitutes a public nuisance and will be treated as such.

(e)

Applicability. To the fullest extent allowed by applicable law, after the effective date of this section, the owner, manager or operator of a building or structure designed or used for commercial, multi-family dwelling, or institutional use that, as reasonably determined by the City's Police Department, degrades, blocks or limits the penetration and or transmission of radio waves into or out of any building or structure and fails to support adequate radio coverage for the City's Police Department radio system as required by this section shall comply with this section within 60 days of receipt of notice from the City. However, those buildings or structures which exist prior to the effective date of this section and are not thereafter substantially improved (as defined in section 31-21 of the City Code) shall not be subject to this section except as to activities undertaken or improvements made after the effective date of this section, which activities or improvements consist of the initial installation (not simply the repair) of devices, systems, metals, paints or coatings, which contravene the requirements of paragraph (a) above.

(f)

Waiver. In the event that compliance with paragraph (a) poses a bona fide threat to a person's health or safety, or a person deems himself or herself otherwise aggrieved by the implementation of the restrictions provided by paragraph (a) of this section, such person shall submit a completed waiver application with the City's Police Department. The City's Police Department shall determine whether such restrictions shall apply to the applicant based upon whether or not a waiver of the provisions of paragraph (a) for a specific circumstance, subject to any necessary conditions, would be consistent with the essential purposes or intent of this section. The City's Police Department shall create an application form that implements the waiver application.

(g)

Fees. Fees for permits, applications, and inspections by the City shall be set by Resolution.

(h)

Appeal of City Police Department's decision. Any person aggrieved by a decision of the City's Police Department concerning this section, may appeal the matter to the City Manager. The aggrieved person shall have ten days from receiving the written decision of the City's Police Department to file a written appeal to the City Manager. The City Manager may accept, reject, or modify the decision of the City's Police Department, based upon a review of the information provided. Any person aggrieved by a decision of the City Manager may appeal the matter to a court of competent jurisdiction.

(Ord. No. 2007-14, § 2, 10-18-07)