(1)

Unless otherwise shown, the district boundaries are street lines, alley lines or the subdividing of boundary lines or recorded plats, or the extensions thereof, and where the districts designated on maps made a part of this chapter by reference are approximately bounded by street lines, alley lines or the subdividing or boundary lines of recorded plats, such lines or the extensions thereof shall be considered to be the district boundaries.

(2)

Where there is uncertainty as to the intended location of any district boundary, the city council shall have the power and duty of interpreting the intent of the district map so as to determine and designate the proper location for such district boundary.

(Ord. No. 253, § 3.4, 2-28-56; Ord. No. 2947, § 2, 5-12-81)

Where a street or alley shown on the district map is hereafter officially vacated by replatting or otherwise, the land formerly in such street or alley right-of-way shall be included within the zoning district of adjoining property on either side of the vacated street or alley, and if such street or alley was a district boundary between 2 or more different zoning districts, the new district boundary shall be the former centerline of such vacated street or alley.

(Ord. No. 253, § 3.5, 2-28-56)

Cross reference— Vacation and abandonment of streets and easements, § 25-31 et seq.

Where a building or structure for dwelling purposes is erected or altered on a plot in a district other than the district in which the particular kind of residential use is first or primarily permitted under this chapter, such plot shall be subject to the requirements for plot size, covering and yards as are specified in this chapter for the district in which the specific residential use is first or primarily permitted, except for hotels in business districts.

(Ord. No. 253, § 3.6, 2-28-56)

(1)

Where a plot abuts upon an alley, ½ of the width of such alley may be considered to be a part of such plot for a purpose of computing the area of such plat, and for the purpose of computing the depth of a rear yard.

(2)

Where a plot abuts upon a 10-foot alley, the minimum rear yard shall be not less than 8 feet in depth for the first story or the first 15 feet in height, provided that where the building exceeds 1 story or 15 feet in height, the depth of the rear yard shall be increased 8 feet above the first story or 15 feet in height.

(3)

Where a plot abuts upon a 20-foot alley, the minimum rear yard shall be not less than 10 feet in depth for the first story or the first 15 feet in height, provided that where the building exceeds 1 story or 15 feet in height, the depth of the rear yard shall be increased 8 feet above the first story or 15 feet in height.

(Ord. No. 253, § 3.7, 2-28-56; Ord. No. 391, § 2, 6-9-59)

(1)

Accessory buildings in residential districts shall be subject to the following requirements:

(a)

The maximum height of accessory buildings in the R-3-A, R-3-B, R-3-C, R-4, R-5 and R-5-A districts shall be governed by the applicable regulations set forth in those districts. In all other residential districts, the maximum height of accessory buildings located (wholly or partly) in a required yard shall be 15 feet, and the maximum height of accessory buildings not located in a required yard shall be the same as the maximum height of a main building in the applicable district.

(b)

No more than 1 accessory building per plot may be located (wholly or partly) in 1 or more required yard(s). In no event shall an accessory building be located in a required front yard, or in any location between the main building and the front plot line. In the event an accessory building is located in a required yard, such accessory building shall only be located: in the rear yard; a minimum of 5 feet from any plot line (which measurement shall include any eaves of the accessory building); and, in the case of a corner plot, in the quarter section of the plot furthest from the street or streets upon which the plot abuts. An accessory building that is not located in a required yard shall not be subject to the requirements of this subsection (1)(b).

(c)

Any accessory building located (wholly or partly) in a required yard shall be limited to a maximum of 500 square feet. An accessory building that is not located in a required yard shall not be subject to the requirements of this subjection (1)(c).

(d)

Any accessory building shall be located a minimum of 10 feet from any main building, regardless of whether the accessory building is located within a required yard.

(e)

No accessory building shall be located in the required rear yard of a waterfront plot except for gazebos, chickee/tiki huts or similar open air accessory buildings.

(2)

Accessory structures in residential districts that do not meet the definition of an accessory building, including, but not limited to, permanently affixed children's play apparatus, landscape trellises, barbecues and similar accessory structures, shall be subject to the following requirements:

(a)

In no event shall an accessory structure be located in a required front yard, or in any location between the main building and the front plot line.

(b)

In the event an accessory structure is located in a required yard, such accessory structure shall not exceed 15 feet in height; and shall be a minimum of 5 feet from any plot line. An accessory structure that is not located in a required yard shall not be subject to the requirements of this subsection (2)(b).

(3)

Accessory buildings and accessory structures in nonresidential districts shall be limited to no greater than 15 feet in height, shall not be located in a required front yard, shall be at least 10 feet from any rear or side plot line, shall be architecturally compatible with the main building, and shall be maintained in the condition as approved. Covered parking, excluding parking structures, shall be considered an accessory structure, and shall not be located closer than 10 feet from any interior plot line. Parking structures shall be subject to the same required yards as a main building.

(Ord. No. 5636, § 3, 12-13-22; Ord. No. 5706, § 47, 10-22-24)

Editor's note— Ord. No. 5636, § 3, adopted Dec. 13, 2022, repealed the former § 28-1295 and enacted a new § 28-1295 as set out herein. The former § 28-1295 pertained to location of accessory buildings and derived from Ord. No. 253, § 3.8, adopted Feb. 28, 1956; Ord. No. 1543, § 1, adopted May 18, 1971; Ord. No. 4542, § 1, adopted Oct. 24, 2000; and Ord. No. 4857, § 1, adopted March 22, 2005.

Where a plot is to be occupied for a permitted use without buildings, the side yards and front yards required for such plot shall be provided and maintained, provided that yards shall not be required on plots used for garden purposes without buildings or structures, nor on plots used for public recreation areas.

(Ord. No. 253, § 3.9, 2-28-56)

Where a plot is bounded on 2 opposite sides by streets, front yards shall be provided on each street, and accessory buildings shall not be located in either front yard.

(Ord. No. 253, § 3.10, 2-28-56)

In all districts, no garage, tent, trailer or other accessory structure shall be erected or used for residential purposes, prior to, concurrently with or subsequent to the construction of the main building. No garage apartment shall be erected or used prior to the construction of the main building.

(Ord. No. 253, § 3.13, 2-28-56)

A well-built frame shanty or trailer to be used for storage, tool shed and job office is permitted as part of a contractor's equipment during the construction of a building or structure. Such shanty or trailer, together with all construction materials and equipment, shall be located on the plot upon which the construction is taking place. At the completion of the work, or upon its discontinuance or abandonment, the shanty or trailer shall be dismantled or removed from the premises. In the use of trailers as construction offices or shanties, it is required that they be anchored by guy-wires in such a fashion as to withstand hurricane force winds and that a permit certifying to such proper anchorage be issued by the building department prior to such use of the trailer.

(Ord. No. 253, § 3.14, 2-28-56; Ord. No. 1219, § 1, 5-23-67)

Cross reference— Buildings and building regulations, ch. 19.

(1)

Class A satellite earth stations and television broadcast reception antennas and associated masts and other equipment are permitted uses, provided that such structures:

(a)

Are not placed in a required front yard or closer than 5 feet to an interior plot line;

(b)

In single-family residential districts, freestanding Class A satellite earth stations and television broadcast reception antennas and associated masts do not exceed 12 feet in height as measured from grade or 12 feet in height as measured from the roofline, whichever is applicable;

(c)

In all districts other than single-family residential districts, do not exceed the maximum height in the zoning district by more than 15 feet or exceed 50 feet in height, whichever is higher;

(d)

Are adequately screened by structures, trees, or other vegetation mitigating direct visibility from streets and adjacent property lines, provided that Class A satellite earth stations need not be approved by the community appearance board and the screening requirement shall not be enforced in such a manner as to unreasonably increase the cost of installation of such a structure.

If the application of any of the above standards precludes any person from receiving video reception of an acceptable quality signal, such person may site a Class A satellite earth station or television broadcast antenna in a manner that is inconsistent with such standard provided that the person subsequently obtains approval from the community appearance board for the structure. The person shall bear the burden to prove that the complained of standard precludes the person from receiving video reception of an acceptable quality signal. The community appearance board may deny such a request if approval would result in a threat to public safety. Further, if such a request is for a location in the city's historic district, the applicant shall apply for and secure a certificate of appropriateness from the historic preservation board.

(2)

Class B satellite earth stations and associated equipment are permitted uses, provided that such structures:

(a)

Are not located in a required front yard or closer than 5 feet to the interior plot line;

(b)

In single-family residential districts, do not exceed 6 feet in height as measured from grade;

(c)

In all districts other than single-family residential districts, do not exceed the maximum height in the zoning district by more than 15 feet or exceed 50 feet in height, whichever is higher; and

(d)

In all residential districts, are adequately screened by structures, trees, or other vegetation mitigating direct visibility of the Class B satellite earth station from streets or adjacent property lines.

In order to site a Class B satellite earth station in a manner that is inconsistent with the above standards, a person must obtain approval from the community appearance board. These standards shall be enforced in accordance with the health, safety, and aesthetic objectives found in the community appearance board supplemental criteria.

(3)

Amateur radio antennas are permitted uses, provided that such antennas are not sited in a required front yard or closer than 5 feet to an interior plot line and do not exceed the maximum height in a zoning district by more than 15 feet or exceed 50 feet in height, whichever is higher. All amateur radio antennas that do not meet the standards of this subsection may be conditionally approved, giving consideration to reasonable accommodation of amateur radio communications.

(4)

All equipment that is designed to transmit or receive wireless communications that are not otherwise covered by this division are conditional use of land.

(Ord. No. 3282, § 3, 2-7-84; Ord. No. 4420, § 2, 1-26-99; Ord. No. 5706, § 48, 10-22-24)

Cross reference— Construction and installation standards for antennas, towers, masts, satellite dishes, § 19-3.

(1)

The granting of approval as to plans or specifications or any matter concerned with the application for a building permit which has been referred to the planning and zoning board shall not be deemed or construed to be authority for or approval of any violation of any of the provisions of this chapter. No approval or permission presuming to give the authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which it authorizes is lawful.

(2)

Notwithstanding any authority or approval heretofore issued as to any plans or specifications or any matter concerned with the application of a building permit which has been referred to the planning and zoning board, the enforcing officer of this chapter shall not be prevented from thereafter requiring the correction of any errors or omissions in the plans or specifications or application for a building permit or from preventing building operations or uses being carried on thereunder which are in violation of this chapter.

(Ord. No. 253, § 3.27, 2-28-56; Ord. No. 1572, § 1, 7-13-71)

(1)

"Car agency" shall include new car agencies, used car agencies, new car agencies with a used car department, automobile rental and leasing incidental to new car agencies, including servicing and repair of such automobiles.

(2)

Car agencies may be permitted in the R-B-1, B-4 and C-1 districts as a conditional use, subject to approval of the city council and subject to the following minimum requirements:

(a)

Enclosure requirement. Car agencies must be located within a totally enclosed building.

(b)

Lighting. Exterior lighting may be used only to illuminate a building and its grounds for safety purposes. Lighting is not to be used as a form of advertising.

(c)

Display of cars. No car shall be displayed or stored outdoors.

(d)

Paging or outdoor speaker systems. All outdoor paging or speaker systems are expressly prohibited.

(e)

Minimum floor space. Car agencies must provide a minimum floor area of 4,000 square feet.

(f)

Service facilities. Service facilities and other phases of car agencies, except offices, sale, storage and display of cars and customer parking must be located within an enclosed building no closer than 70 feet from the front property line.

(g)

Advertising and signs. No advertising devices, symbols or signs shall be utilized within the property other than approved ground signs or those signs permitted on the walls of buildings and shall comply with chapter 24.

(3)

Car agencies meeting all of the following criteria may be established as permitted uses in the RB1 zoning district:

(a)

No more than 6 automobiles are displayed in a fully enclosed building in a showroom setting for retail or wholesale sale;

(b)

The fully enclosed showroom, including office areas, does not exceed 5,000 square feet of floor area;

(c)

The use shall not be located within 1 mile of an existing use established under this subsection as provided in Section 28-1619;

(d)

No automobile preparation, mechanical or automobile body or other support services are offered on or off-site;

(e)

No automobiles are displayed for sale or stored on site in any parking areas provided, however, excess parking areas located in underground parking areas may be used for storage or transfer of not more than 10 automobiles. One parking space shall be required in addition to parking required for the showroom use.

(f)

The use shall not be located within a building connected with an above-ground parking structure providing required parking.

(Ord. No. 3617, § 2, 4-28-87; Ord. No. 4059, § 1, 12-15-92; Ord. No. 5481, § 1, 4-23-19)

Cross reference— Licenses and business regulations, ch. 8.

House cars, camp cars or trailers shall not be used as living or sleeping quarters within the city limits.

(Ord. No. 253, § 3.18, 2-28-56)

The following regulations shall apply to all community residential homes located in the city. All other zoning regulations not provided for by this section shall apply in accordance with the zoning district regulations in which the community residential home is to be located:

(a)

Homes with 6 or fewer residents. Homes of 6 or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial residential use for the purpose of this section. Homes of 6 or fewer residents which otherwise meet the definition of a community residential home shall be a permitted use in single-family and multifamily districts, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with 6 or fewer residents. A community residential home with 6 or fewer residents must notify the city manager, in writing, of its proposed location prior to occupancy and submit evidence of a current license issued by the department of health and rehabilitative services.

(b)

Homes with 7 or more residents.

1.

A community residential home with 7 to 14 residents must be a permitted use in the district in which it is to be located. Prior to occupancy of a community residential home, the sponsoring agency must notify the city manager, in writing, as to the home's location, the residential licensing category, the number of residents, and the community support requirements of the program. The notice shall also include a statement from the district administrator of the department of health and rehabilitative services indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets the applicable licensing criteria for the safe care and supervision of the clients in the home. Additionally, the district administrator shall provide the most recently published data compiled that identifies all the community residential homes in the district in which the proposed site is to be located.

2.

The city must review and respond to the application within 60 days of submission. The home may be established without formal approval from the city if the city fails to respond within such time. The city may deny the application only if the home fails to comply with 1 or more of the following criteria:

a.

The home must conform to existing zoning regulations applicable to other multifamily uses in the area;

b.

The home must comply with applicable licensing criteria established and determined by the department of health and rehabilitative services, including requirements that the home be located to ensure the safe care and supervision of all clients in the home;

c.

The home is not located within a radius of 1,200 feet of another existing community residential home;

d.

The home is not located within 500 feet of a single-family zoning district;

e.

Distances shall be measured from the nearest point of the existing home or boundary of the single-family zoning district to the nearest point of the proposed home.

(Ord. No. 3917, § 2, 5-14-91)

(a)

In all zoning districts, each of the following shall be a permitted use:

1.

Parks and recreational facilities owned, leased or operated by the city, by the Greater Boca Raton Beach and Parks District or by the county, except as otherwise specifically provided in section 28-1238 with respect to the PL district.

2.

Water, sewer, reclaimed water, and stormwater facilities and appurtenances all of which are owned and operated by the city, including, but not limited to facilities for distribution, collection, pumping and treatment, pump stations, and lift stations all of which are owned or operated by the city.

(b)

In all nonresidential zoning districts, any buildings, facilities and uses owned, leased, operated, utilized or conducted by the city, of any kind whatsoever (inclusive of city police and fire stations and related facilities), shall be a permitted use. The minimum setbacks and landscape buffers (if applicable) for each plot shall be determined as part of review and approval of a site plan by the planning and zoning board, parks and recreation board, or city council, as applicable, after considering the proposed use or development of the plot, the impact of the proposed use or development upon the adjacent area, and the minimum setbacks and landscape buffers (if applicable) required for other properties in the zoning district and abutting properties. Provided, however, the minimum setbacks and landscape buffers for any plot abutting a residential zoning district shall be as set forth in the nonresidential zoning district regulations applicable to the plot, and not subject to determination pursuant to this section.

(c)

In all residential zoning districts, police and fire stations (and related facilities) owned, leased or operated by the city shall be a conditional use.

(d)

Where site plan approval is required pursuant to this chapter for a city park or recreational facility, the function of the planning and zoning board shall be performed by the parks and recreation board.

(Ord. No. 4686, § 1, 2-11-03; Ord. No. 5555, § 37, 1-26-21)

In all cases in which a hotel and/or motel is located in a zoning district which does not include hotel and/or motel as a permitted use, room(s) in such hotel and/or motel shall not be converted to, or utilized as, a residential dwelling unit(s) without the prior approval from City Council pursuant to the requirements of Article II, Division 4 of this chapter.

(Ord. No. 4934, § 1, 5-9-06)

All public-owned lands owned by the city and the Greater Boca Raton Beach and Park District located between the Intracoastal Waterway and Atlantic Ocean shall be limited to public uses and public services provided for the general public, and development for private uses (including members-only beach clubs) on these public-owned lands shall be prohibited.

(Ord. No. 5228, § 1, 2-12-13)

All city-owned land adjacent to the intracoastal waterway shall only be used for public recreation, public boating access, and public streets (and uses accessory thereto), provided, however, the foregoing shall not limit the authority of the city to use or place, or authorize the use or placement of, any utilities or infrastructure that do not substantially interfere with the above uses on such city-owned lands.

(Res. No. 60-2016, Exh. A(Ord. No. 5356, § 1), 11-8-16; Ord. No. 5456, § 1, 5-22-18)

No property in R-B-1, B-1, B-2, B-3 or B-4 districts shall be used for outdoor storage, display or sale of any goods or merchandise except nursery stock in containers, garden supplies and equipment, lawn and patio furniture and ornamental articles for use in garden or patio area, provided the area of display is adjacent to a permitted structure; and provided further that the items are within an area other than the required setback or parking area and screened from a street or abutting property by a masonry wall, ornamental fence or dense hedge planting no less than 3 feet high above the grade used for display. When such display areas are adjacent to a residential area, whether directly abutting or separated by a street or other right-of-way, such fence or hedgerow shall be 6 feet in height, unless such height will be in violation of section 28-1356 et seq.

(Ord. No. 5615, § 3, 7-26-22)

(1)

Self-storage facility (interior storage unit access) as a permitted use. A self-storage facility (interior storage unit access) may be approved by the planning and zoning board in the C-1, W-1, IG/S1, M-1, M-2, and M-3 zoning districts:

(a)

If the facility to be established is in a building existing and being used as a warehouse or a self-storage facility as of June 1, 2017 (the effective date of Ordinance No. 5369);

(b)

The ground floor building footprint is not increased, and

(c)

The planning and zoning board determines that the applicant has demonstrated compliance with the development standards in subsection (4) of this section and the standards for site plans in section 28-54.

(2)

Self-storage facility (interior storage unit access) as a conditional use. A new self-storage facility (interior storage unit access) may be approved by the city council as a conditional use in accordance with article II, division 4 in the C-1, W-1, IG/S1, M-1, M-2 and M-3 zoning districts if:

(a)

The new facility to be established:

(i)

Is replacing an existing self-storage facility as of June 1, 2017 (the effective date of Ordinance No. 5369), or

(ii)

Is replacing a building being used as a warehouse as of June 1, 2017 (the effective date of Ordinance No. 5369); or

(iii)

Is on vacant land as of June 1, 2017 (the effective date of Ordinance No. 5369); and

(b)

In all events, if the city council determines that the applicant has demonstrated compliance with the development standards in subsection (4) of this section, and the standards for conditional uses in section 28-102.

(3)

Definition. A "self-storage facility (interior storage unit access)" is a use in a building which provides individual storage units of varying sizes, with access to such units only from interior lobbies and corridors, offered for rent to residential households and businesses on short and long term leases.

(4)

Development standards.

(a)

Spacing. No self-storage facility (interior storage unit access) shall be permitted within 2,500 feet of another self-storage facility or self-storage facility (interior storage unit access), as measured by the shortest airline measurement between the nearest points of the parcels on which the self-storage facility (interior storage unit access) is located. Similarly, no self-storage facility shall be permitted within 2,500 feet of another self-storage facility or self-storage facility (interior storage unit access), as measured by the shortest airline measurement between the nearest points of the parcels on which the self-storage facility or self-storage facility (interior storage unit access) is located. However, the 2,500-foot separation requirement shall not apply:

(i)

To any self-storage facility (interior storage unit access) that has been approved as of June 1, 2017 (the effective date of Ordinance No. 5369); or

(ii)

To any self-storage facility or self-storage facility (interior storage unit access) existing as of June 1, 2017 (the effective date of Ordinance No. 5369).

(b)

Exterior doors.

(i)

Exterior doors designed for customer access to interior corridors used for access to self-storage facility units shall be located on local streets wherever practical.

(ii)

All exterior doors of all sizes shall be of a design comparable to exterior doors of the quality and character of commercial buildings.

(iii)

Roll-up exterior doors which may only provide access to interior corridors (and may not provide access to self-storage facility units) are permitted if the doors are not visible from arterial or collector streets. If such doors are visible from arterial or collector streets then they shall not be of the roll-up variety.

(c)

Exterior activities.

(i)

No outside storage shall be permitted.

(ii)

No maintenance or repair of vehicles of any kind, or boats or boat trailers shall be permitted.

(iii)

No outdoor washing of any kind shall be permitted, with the exception of washing the parking lot, the structure and the windows on the structure, and landscaping.

(iv)

No outdoor paging or other outdoor loud speakers shall be permitted.

(d)

Aesthetics. The design, material and finishes of the exterior of the self-storage facility (interior storage unit access) and landscaping shall be comparable to and consistent with the design, material and finishes typically associated with office and retail uses and buildings in the city.

(e)

Landscaping. Landscaping shall comply with the underlying zoning district requirements and other applicable requirements. Additionally, where conditional use approval is required in order to establish the use, a landscaped buffer yard of at least 5 feet in width shall be installed along every side of the plot that does not front on a public right-of-way. All landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(f)

Maximum height. The maximum height of a self-storage facility (interior storage unit access) shall be governed by the maximum height requirements in the underlying zoning district.

(g)

Required yards. Yards shall be governed by the requirements of the underlying zoning district.

(h)

Signage. All signage shall be subject to the city's sign code.

(i)

Business activities. No business activities shall be conducted in a self-storage facility (interior storage unit access) except for the rental of storage units and the sale of storage containers, locks and packing supplies which shall be limited to no more than 1,000 square feet of floor area not including restrooms for use by customers.

(j)

Off-street parking and loading. Off-street parking and loading shall be in accordance with the standards for "self-service storage facilities" in section 28-1655.

(k)

Building coverage. The ground floor building coverage shall not exceed 50 percent of the gross land area of the parcel proposed for development, and in no event shall the site plan reflect a second story or higher level that is larger than the ground floor footprint (i.e., no portion of the structure shall be cantilevered).

(Ord. No. 5369, § 14, 5-23-17; Ord. No. 5706, § 49, 10-22-24)

Garage sales shall be deemed an accessory use; garage sales shall only be permitted accessory to an existing residential use, subject to the following requirements:

(1)

No garage sale shall be held unless a permit has first been issued by the city.

(2)

Garage sales shall be limited to no more than 4 total days in a calendar year (any portion of a day being deemed a full day) per plot; provided, however, that garage sales shall not occur on the same plot for more than 2 consecutive days.

(3)

Garage sales shall not occur outside the hours of 8:00 a.m. through 5:00 p.m.

(Ord. No. 5470, § 2, 10-10-18)

(1)

Every retail pharmacy or medical marijuana treatment center dispensing facility shall be subject to the following requirements and limitations:

(a)

Retail pharmacies and medical marijuana treatment center dispensing facilities shall have a minimum gross floor area of 2,500 square feet (which requirement shall be separate and distinct from any minimum floor area of building requirements set forth in the applicable zoning district). Where a use includes a retail pharmacy or medical marijuana treatment center dispensing facility as a component of the use, the floor area of the entire use shall be included when calculating the gross floor area (provided all requirements of F.S. § 381.986 are satisfied).

(b)

No retail pharmacy or medical marijuana treatment center dispensing facility shall be permitted within 4,000 feet of any other retail pharmacy or medical marijuana treatment center dispensing facility (whether such other retail pharmacy or medical marijuana treatment center dispensing facility was established before or after February 11, 2020), as measured by the shortest airline measurement between the nearest points of the parcels on which the retail pharmacy or medical marijuana treatment center dispensing facility is located.

(2)

The provisions of subsection (1) shall not be applicable to any retail pharmacy (or medical marijuana treatment center dispensing facility) lawfully established and existing as of February 11, 2020, provided such use is not abandoned for a period of 6 months or more.

(3)

An organization, entity or individual that does not qualify as a medical marijuana treatment center dispensing facility regulated pursuant to this chapter and that is not required to be licensed pursuant to F.S. § 381.986, but is engaged in the sale of products, goods, or services derived from, containing, or related to marijuana, shall be regulated pursuant to this chapter in a manner comparable to similar uses (such as retail, medical, personal services, etc.), based upon the business and operational characteristics of such use, as determined by the city manager or designee. For purposes of this subsection, "marijuana" shall mean all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.

(4)

To the extent there are any uses regulated pursuant to F.S. § 381.986 that are not preempted to the state pursuant to F.S. § 381.986(11), but do not qualify as medical marijuana treatment center dispensing facilities, such uses shall be prohibited in all zoning districts.

(Ord. No. 5513, § 14, 2-11-20)

(a)

On single-family and 2-family residential plots, a maximum of 3 flags shall be permitted.

(b)

Flags located on properties other than single-family and 2-family residential plots shall comply with the following standards:

(1)

Flags shall be displayed on flag poles attached to the ground or to a building, but not to any other merchandise or display.

(2)

Flag poles may not be placed on top of buildings or light poles.

(3)

Flags shall not be draped or folded over the sides of buildings, nor shall they be tied or attached directly to the exterior of any building or window.

(4)

A maximum of 3 flags shall be permitted per flag pole; provided, however, that a maximum of 4 flags shall be permitted per plot, regardless of the number of flag poles.

(c)

Flag size. The maximum dimensions of any flag shall be proportional to the flag pole height. The hoist side of the flag shall not exceed 20 percent of the vertical height of the flag pole. In addition, flags are subject to the following dimensional limitations:

(d)

On single-family and 2-family residential plots 1 flag pole per lot shall be permitted.

(e)

On properties other than single-family and 2-family residential plots, a maximum of 3 flag poles shall be permitted per plot.

(f)

Flag pole height. Flag poles in residential districts shall not exceed a height of 20 feet. Flag poles in districts other than residential districts shall be no greater than the applicable height limit below, based on the actual building height, including parapets:

The flag pole height limitations herein refer both to vertical flag poles and to mast arm flag poles (a staff extending at an angle to a building), and the height shall be measured by a vertical line from finished grade vertically to the highest portion of the flag pole.

(g)

Setback. A vertical flag pole must be set back from all property boundaries by a distance that is at least equal to the height of the flag pole.

(h)

Maintenance of flag and flag pole or mounting. The flag and flag pole or other permanent mounting shall be maintained in good repair. Flag poles with broken halyards shall not be used, and torn or frayed flags shall not be displayed.

(Ord. No. 5518, § 2, 5-27-20)

Large-scale indoor commercial recreation uses shall be subject to the following:

(a)

Spacing. No large-scale indoor commercial recreation use in the M-3 zoning district shall be located within 2,500 feet of another large-scale indoor commercial recreation use in the M-3 zoning district, as measured by the shortest airline measurement between the nearest points of the parcels on which the large-scale indoor commercial recreation use is located.

(b)

Pick-up/drop-off area. Any large-scale indoor commercial recreation use shall provide an adequate pick-up/drop-off area, the design of which is to be approved as part of review and approval of a site plan, and based upon a traffic study submitted by the applicant.

(Ord. No. 5524, § 4, 8-25-20)

Mobile food dispensing vehicles may be allowed as accessory uses where specifically authorized by the applicable zoning district regulations. Any mobile food dispensing vehicle as an accessory use shall be subject to the following requirements and limitations:

(a)

A mobile food dispensing vehicle shall not operate within a public or private right-of-way.

(b)

A mobile food dispensing vehicle shall not be placed upon or operate from: any required yard, any required open space, or any area required to be landscaped.

(c)

A mobile food dispending vehicle shall not be placed upon or operate from any required parking spaces. This provision shall be construed to mean that if a plot includes a greater number of parking spaces than required pursuant to this chapter, a mobile food dispensing vehicle may be placed upon or operate from parking spaces equal to or lesser than the number of parking spaces that exceed those required. Provided, however, in no event shall a mobile food dispensing vehicle be placed upon or operate from any handicapped parking spaces.

(d)

No mobile food dispensing vehicle shall operate prior to the issuance of a certificate of use by the city, subject to reasonable conditions imposed by the city to protect the public health, safety and welfare, including, but not limited to, limitations on the days and hours of operation of the mobile food dispensing vehicle, and requirements pertaining to the orderly upkeep and sanitation of the plot from which the mobile food dispensing vehicle is proposed to operate. An application for a certificate of use shall include such information as may be required by the city in order to review, evaluate and address the potential impacts of the operation of the mobile food dispensing vehicle.

(Ord. No. 5540, § 8, 9-22-20)

Athletic training facilities shall be subject to the following:

(1)

Location and size. An athletic training facility shall be located completely indoors, and shall be limited to no more than 15,000 square feet of floor area. Additionally, where a building includes more than 1 tenant space, athletic training facility uses in such building, collectively, shall occupy no more than 50 percent of the total building square footage.

(2)

Compliance with building, fire prevention and life safety codes. Every athletic training facility use in an industrial zoning district shall be located within a building, or portion of a building, that complies with the requirements of the Florida Building Code, Florida Fire Prevention Code, and life safety codes applicable to both: (a) an industrial or manufacturing use or occupancy; and (b) an athletic training facility use.

(3)

Competitive events; permit required. No competitive event shall be conducted at an athletic training facility unless a special event permit has first been obtained from the city. In determining whether to issue a permit for such a competitive event, the city shall consider (in addition to all other criteria governing the issuance of a special event permit), whether:

(a)

The event hours will unreasonably impact surrounding uses;

(b)

The event will unreasonably interfere with vehicular or pedestrian traffic flow;

(c)

Adequate plans and documentation (as deemed necessary by staff) have been submitted to demonstrate that adequate parking exists to meet the parking demand generated by the event (which plans may include the nonconcurrent use of on-site or nearby off-site parking facilities, subject to review and approval by the city); and

(d)

Adequate plans for sanitation and refuse facilities exist to meet the need generated by the event.

(Ord. No. 5558, § 3, 2-9-21)

(a)

Any call center established after October 11, 2023, shall comply with the city's transportation demand management program set forth in chapter 23, article IV, division 8.

(b)

Where a call center is allowed as a conditional use, any applicant for such use shall provide to the city, as part of the conditional use application, an operational plan containing relevant information needed to assess and evaluate the potential impact of the use on parking and traffic, such as the number of employees, a shift schedule specifying the maximum number of employees arriving or departing during shift changes, and any measures proposed to mitigate the impact of such use on parking and/or traffic. These requirements shall be in addition to the requirements set forth in chapter 23, article IV, division 8.

(Ord. No. 5660, § 9, 10-11-23)

Within zoning districts where fleet vehicle parking is authorized as a main use (and not an accessory use), the following criteria shall apply:

(1)

Fleet vehicle parking shall comply with all applicable code requirements with regard to required off-street parking (including parking for electric vehicles), parking stall size, traffic flow and circulation, and landscaping;

(2)

The establishment of fleet vehicle parking on a property shall not create any violations of this Code or increase the degree of any existing nonconformities;

(3)

Fleet vehicle parking shall require the issuance of a business tax receipt and certificate of use by the city, and such use shall not commence prior to the issuance of such business tax receipt and certificate of use. An application for a business tax and/or certificate of use shall include the maximum number of employees that will operate/occupy each fleet vehicle at any one time, and additionally shall include such information as may be required by the city to review, evaluate and address the potential impacts of the operation of the fleet vehicle parking.

(4)

Copies of approved and proposed site plans and/or building permit plans, as applicable, and a survey depicting current site conditions, shall be provided to the city to review and determine if the property has existing sufficient and excess parking over what is required by City Code to allow for fleet vehicle parking, particularly if there are existing buildings/uses on the property. The plans shall depict the following:

(a)

Approved and existing configurations on the property detailing required off-street parking spaces, parking stall sizes, traffic flow and vehicular and pedestrian circulation, and landscaping;

(b)

Parking tabular data including, but not limited to, information on existing tenant(s), use(s), and square footage(s), and

(c)

The proposed layout/configuration of the fleet vehicle parking.

(5)

For properties providing 50 or more fleet vehicle parking spaces, vehicle operators shall not exceed a total of 50 fleet vehicle pick ups or drop offs, combined, between the hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m., in order to ensure that vehicle operators' arrival and departure times do not coincide with or commence during the peak arrival and departure times of employees both on the property and in the vicinity. Prior to issuance of a certificate of use by the city, a fully executed affidavit, signed by both the property owner and the fleet vehicle operator (if different from the property owner), stating that the pick up and drop off of fleet vehicles will comply with this requirement.

(Ord. No. 5682, § 3, 2-27-24)

Editor's note— Ord. No. 5682, § 3, adopted Feb. 27, 2024, set out provisions intended for use as § 28-1317. Inasmuch as there were already provisions so designated, said section has been codified herein as § 28-1318 at the discretion of the editor.

(1)

Car washes shall be subject to the following requirements and limitations:

(a)

Every car wash shall be within an enclosed building;

(b)

Water used in car wash operations shall include a total recycle system that recycles both wash water and rinse water;

(c)

Every car wash shall have a separate vehicular entrance and exit (and shall not be designed for vehicles to back out);

(d)

The entrance and exit to each car wash shall be screened from view from any and all streets by landscaped street yards at least 10 feet in width;

(e)

A vehicle reservoir shall be provided, with a minimum length of 100 feet, as measured from the entrance to the car wash, which vehicle reservoir shall be separate, distinct and in addition to any other driving aisle, parking stall or other activity or function on the plot;

(2)

Any car wash on a plot that abuts a residential zoning district shall additionally be subject to the following requirements and limitations:

(a)

The hours of operation shall be limited to no earlier than 7:30 a.m. and no later than 6:00 p.m.;

(b)

The car wash building shall be located at least 50 feet from any plot line abutting a residential zoning district;

(c)

Any blowers/dryers shall be located on the side of the building furthest away from the residential zoning district;

(d)

The vacuum stations shall be located to minimize any impact on the abutting residential zoning district, in the sole determination of the city, and in any event shall be located at least 150 feet from the residential zoning district;

(e)

No outside loudspeakers or radios are permitted. No radios, stereos, or other sound amplification devices shall be played while any of the motor vehicle doors or windows are open. Sound from these sources shall not be audible from anywhere offsite. Signs shall be conspicuously posted notifying customers of these prohibitions.

(f)

A sound study, signed and sealed by an acoustical engineer, shall be submitted, demonstrating that the car wash equipment will comply with any and all noise limitations, including but not necessarily limited to those set forth in section 10-72.

(g)

The car wash building shall be architecturally compatible with the adjacent neighborhood.

(3)

A car wash as a conditional use at a service station pursuant to section 28-1396 shall additionally be subject to the following:

(a)

The minimum plot area shall be 30,000 square feet;

(b)

The car wash shall be automated;

(4)

A car wash as a conditional use in the R-B-1 district pursuant to section 28-743(f) shall additionally be subject to the following:

(a)

The plot on which the car wash is proposed shall have at least 100 feet of frontage on North Federal Highway;

(b)

The plot on which the car wash is proposed shall include restaurant and/or retail uses that constitute greater than 50 percent of the aggregate building square footage under the same site plan.

(Ord. No. 5701, § 5, 10-22-24)

For the purpose of preventing misinterpretation and for emphasis, the following operations or uses are specifically prohibited in all zoning districts; provided, however, prohibition of an operation(s) or use(s), by inclusion in this section or in any other section of this zoning code, shall not imply or be interpreted (pursuant to the rules of statutory construction) as authorizing an operation(s) or use(s) in any zoning district that does not expressly authorize such operation(s) or use(s) pursuant to such district's zoning regulations:

(a)

Distillation of bones, fat rendering, glue, soap or fertilizer manufacturing.

(b)

Manufacture of cement, lime, gypsum or plaster of paris.

(c)

Manufacture of chlorine, acetylene, acid, asbestos, ammonia, bleaching powder, matches, paper or rubber.

(d)

Manufacture or storage of explosives or fireworks.

(e)

Petroleum or asphalt refining or manufacturing.

(f)

Reduction of garbage, refuse, offal or dead animals.

(g)

Smelting or refining of iron, copper, tin, zinc and other metals or ores.

(h)

Stockyards or slaughterhouses.

(i)

Tanning, curing or storage of raw hides or skins.

(j)

Coal distillation or coke ovens.

(k)

Foundries.

(l)

Creosote treatment.

(m)

Drop forging.

(n)

Steel mills or furnaces.

(o)

Tar distillation.

(p)

Coal- or coke-fired kilns.

(q)

Amusement parks.

(r)

Advertising signs.

(s)

Incinerators, except that incinerators may be permitted in the PL zoning district when such use is determined by the city council to be in the public interest.

(t)

Crematoriums.

(u)

Any uses that are regulated pursuant to F.S. § 381.986 that are not preempted to the state pursuant to F.S. § 381.986(11), but do not qualify as medical marijuana treatment center dispensing facilities.

(Ord. No. 253, § 20, 2-28-56; Ord. No. 386, § 1, 5-26-59; Ord. No. 437, §§ 1, 2, 11-5-59; Ord. No. 505, 4-12-60; Ord. No. 669, § 1, 11-14-61; Ord. No. 1290, § 1, 6-4-68; Ord. No. 2781, § 1, 5-27-80; Ord. No. 3196, § 1, 6-14-83; Ord. No. 3285, § 1, 3-6-84; Ord. No. 5415, § 1, 10-24-17; Ord. No. 5513, § 15, 2-11-20)

All permitted uses shall be so designed, arranged, located or operated so as to conform to all the provisions of this division. The operation of any such use without full conformity to these requirements is hereby declared to be a violation of this chapter. Any use which does not conform to these requirements is hereby declared to be a nonpermitted use, and as such to be in violation of this chapter.

(Ord. No. 253, § 20, 2-28-56; Ord. No. 386, § 1, 5-26-59; Ord. No. 437, §§ 1, 2, 11-5-59; Ord. No. 505, 4-12-60; Ord. No. 669, § 1, 11-14-61; Ord. No. 1290, § 1, 6-4-68; Ord. No. 2781, § 1, 5-27-80; Ord. No. 3196, § 1, 6-14-83; Ord. No. 3285, § 1, 3-6-84)

(1)

All permitted uses shall conform to the standards of performance described below and shall be so constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare.

(2)

In view of that fact that the state is presently working on an air pollution control program, establishing limitations on emissions of particulate matter from certain types of equipment and processes, and doing research to determine favorable methods of measuring and controlling particulate matter emissions from these types of equipment and processes, therefore, until such time as definitive standards are established, emissions of particulate matter for all types of processes and equipment shall not exceed emissions which would result from operations in accordance with existing normal good operating practice.

(a)

Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.

* Permissible sound level between 6:00 p.m. and 8:00 a.m. shall be decreased by 3 decibels in each of the octave bands.

(b)

Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located.

(c)

Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringlemann Chart, provided, however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totalling 4 minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this resolution, shall be the standard. All measurements shall be at the point of emission.

(d)

Fumes, gases, vapors, dusts and acids. No person shall cause or allow the escape into the open air of such quantities of fumes, gases, vapors, dusts and acids, in such place or manner as to cause injury, detriment or nuisance to the public, or to endanger the peace, comfort, health or safety of the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property.

Tests may be required by the building department for the purpose of the abatement of fumes, gases, vapors, dusts, odors, etc., or any other nuisance which may be present and which may come under the jurisdiction of the building department. Such tests shall be made by the owner or his authorized agent, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority, such as: American Society of Testing Materials, United States Bureau of Mines, United States Public Health Service, National Board of Fire Underwriters, or others. The choice of such authority shall rest entirely with the building department.

Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the building department to conduct tests of these installations in behalf of the city.

(e)

Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, lake or the ground of any waste which shall be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot lines of the property on which the use is located.

(f)

Odors. The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person responsible for the source thereof so as to interfere with health, repose or safety; or cause severe annoyance or discomfort; or produce irritation of the upper respiratory tract; or produce symptoms of nausea; or is offensive or objectionable to normal persons due to inherent chemical or physical properties; or is detrimental or harmful to the health, comfort, living conditions, welfare and/or safety of the inhabitants of this city shall constitute a nuisance.

(g)

Glare. Every use shall be so operated as to prevent emission of glare of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

(h)

Electrical disturbance and radioactivity. Each use shall be so operated as to prevent the emission of quantities of radioactive materials in excess of limits established as safe by the United States Bureau of Standards or the emissions of electrical disturbance sufficient to adversely affect the operation at any point of any equipment other than that of the creator of such disturbance.

(Ord. No. 253, § 20, 2-28-56; Ord. No. 386, § 1, 5-26-59; Ord. No. 437, §§ 1, 2, 11-5-59; Ord. No. 505, 4-12-60; Ord. No. 669, § 1, 11-14-61; Ord. No. 1290, § 1, 6-4-68; Ord. No. 2781, § 1, 5-27-80; Ord. No. 3196, § 1, 6-14-83; Ord. No. 3285, § 1, 3-6-84)

Editor's note— Ord. No. 5645, § 1, adopted April 11, 2023, repealed § 28-1329, which pertained to bulk storage of flammable liquids and derived from Ord. No. 253, § 20, adopted Feb. 28, 1956; Ord. No. 386, § 1, adopted May 26, 1959; Ord. No. 437, §§ 1, 2, adopted Nov. 5, 1959; Ord. No. 505, adopted April 12, 1960; Ord. No. 669, § 1, adopted Nov. 14, 1961; Ord. No. 1290, § 1, adopted June 4, 1968; Ord. No. 2781, § 1, adopted May 27, 1980; Ord. No. 3196, § 1, adopted June 14, 1983; Ord. No. 3285, § 1, adopted March 6, 1984; and Ord. No. 4170, § 27, adopted Sept. 27, 1994.

On any plot used for the purpose of unenclosed bulk storage, and where this storage is located within 200 feet of a public street on which the plot abuts, there shall be a maintained screen, planting hedge, or view screening masonry wall between the bulk storage and the street, with the exception of that area used for permitted structures, driveways and walkways. Any above-mentioned hedges or walls shall be in accordance with the regulations of section 28-1351 et seq.

(Ord. No. 253, § 20, 2-28-56; Ord. No. 386, § 1, 5-26-59; Ord. No. 437, §§ 1, 2, 11-5-59; Ord. No. 505, 4-12-60; Ord. No. 669, § 1, 11-14-61; Ord. No. 1290, § 1, 6-4-68; Ord. No. 2781, § 1, 5-27-80; Ord. No. 3196, § 1, 6-14-83; Ord. No. 3285, § 1, 3-6-84)

No land which is zoned in a residential district R-1-A to R-5 inclusive shall be used for driveways or access purposes to any land which is zoned for business, commercial or industrial purposes. However, ingress and egress may be allowed when the owner of such business, commercial or industrial property has no other means of ingress and egress. Ingress and egress may be allowed when the owner of the residential property is the city or when the city council determines, upon the recommendation of the planning and zoning board and the city's civil engineer, that it is in the public interest to allow access based upon alignment with the public streets.

(Ord. No. 253, § 20, 2-28-56; Ord. No. 386, § 1, 5-26-59; Ord. No. 437, §§ 1, 2, 11-5-59; Ord. No. 505, 4-12-60; Ord. No. 669, § 1, 11-14-61; Ord. No. 1290, § 1, 6-4-68; Ord. No. 2781, § 1, 5-27-80; Ord. No. 3196, § 1, 6-14-83; Ord. No. 3285, § 1, 3-6-84; Ord. No. 4122, § 62, 9-28-93)

No person shall maintain or conduct or cause to be maintained or conducted any parking lot or automobile and/or truck sales lot, or use any real property for a private roadway unless such real property is covered or treated with a surface or substance or otherwise maintained in such a manner as to minimize atmospheric pollution.

(Ord. No. 253, § 20, 2-28-56; Ord. No. 386, § 1, 5-26-59; Ord. No. 437, §§ 1, 2, 11-5-59; Ord. No. 505, 4-12-60; Ord. No. 669, § 1, 11-14-61; Ord. No. 1290, § 1, 6-4-68; Ord. No. 2781, § 1, 5-27-80; Ord. No. 3196, § 1, 6-14-83; Ord. No. 3285, § 1, 3-6-84)

Lap dancing, as defined in section 28-2 of this Code, is prohibited in all zoning districts in the city.

(Ord. No. 4882, § 6, 8-9-05)

Every part of every required yard shall be open and unobstructed by any use or structure, from the ground to the sky, except as expressly provided in this division or as otherwise expressly provided in this Code.

(Ord. No. 253, § 3.12, 2-28-56; Ord. No. 400, §§ 1, 2, 6-16-59; Ord. No. 488, § 1, 1-12-60; Ord. No. 655, § 1, 6-27-61; Ord. No. 825, § 1, 2-11-64; Ord. No. 832, § 1, 3-24-64; Ord. No. 840, § 1, 4-21-64; Ord. No. 913, § 1, 10-20-64; Ord. No. 960, § 1, 4-13-65; Ord. No. 968, §§ 1, 2, 5-18-65; Ord. No. 1000, § 1, 8-3-65; Ord. No. 1026, § 1, 11-2-65; Ord. No. 1049, § 1, 12-28-65; Ord. No. 1157, § 2, 11-1-66; Ord. No. 1203, § 1, 2-28-67; Ord. No. 1239, § 1, 8-22-67; Ord. No. 1950, § 1, 3-5-74; Ord. No. 2316, § 1, 2-22-77; Ord. No. 2382, § 1, 6-14-77; Ord. No. 2461, § 1, 1-31-78; Ord. No. 2556, § 1, 11-14-78; Ord. No. 2698, § 1, 11-27-78; Ord. No. 3206, § 1, 5-24-83; Ord. No. 3305, § 1, 4-10-84; Ord. No. 5636, § 4, 12-13-22)

Portions of, or attachments to, a main building may encroach into required yards as follows:

(1)

Roof overhangs, eaves, gutters or decorative architectural features may encroach up to 36 inches into any required yard, subject to subsection (8), provided that the element projecting into the required yard:

(a)

Does not add building volume or habitable space to the building; and

(b)

Is located where the exterior building wall terminates at the roofline, or where the roofline overhangs the exterior building wall.

(2)

Decorative architectural features that do not meet the locational requirements of subsection (1), including, but not limited to, sills, belt courses, pilasters and chimneys, may encroach up to 12 inches into any required yard, subject to subsection (8), provided such decorative architectural feature does not add building volume or habitable space to the building.

(3)

A covered front porch in a residential district may encroach into a required front yard, and shall not be included in any calculation of living area, subject to the following requirements and limitations:

(a)

The front porch shall not be closer than 18 feet from the front plot line, and the eave of the front porch shall not be closer than 15 feet from the front plot line.

(b)

The front porch shall be of like design, architecturally compatible with, and constructed of like materials, as the building to which it is attached.

(c)

The front porch shall not encroach into a required side yard.

(d)

The provisions for encroachments set forth in this section shall not be combined with the provisions for encroachments of an open balcony into a front yard in single-family and multifamily residential districts set forth in this section.

(e)

The front porch shall not be screened, glazed, or enclosed.

(f)

A front porch encroachment shall be permitted in only 1 required yard.

(g)

The minimum width of the front porch shall be 20 feet, or ⅔ of the length of the building facade to which the front porch is attached, whichever is less. The term "width" shall mean the dimension of the front porch that is parallel to the front plot line.

(h)

The front porch shall have a minimum depth of 7 feet for at least the entire minimum width of the front porch. The term "depth" shall mean the dimension of the front porch extending from the building to which it is attached toward the front plot line, but shall not include any eave of the front porch.

(i)

A front porch that encroaches into a required front yard of a single-family residential plot shall be permitted at the first floor level and at the second floor level of a 2-story single family house if a first floor level front porch is provided directly below the second floor level front porch.

(j)

Notwithstanding anything in the contrary contained herein, no front porch shall encroach into a required front yard that abuts North Dixie Highway north of Yamato Road to the north city limits.

(k)

The front porch shall not be used for storage; provided, however, this shall not be construed to limit the use of outdoor patio tables and chairs, porch swings, and ceiling fans.

(4)

In the R-3, R-3-A, R-3-B, R-3-C, R-3-D, R-3-E, R-3-F, R-4, R-5 and R-5-A districts, open balconies, open walkways and open stairways may encroach up to 8 feet into a required additional yard, where applicable. In the single-family residential districts, and in the multifamily residential districts for buildings where no required additional yard is applicable, an open balcony may encroach up to 4 feet into a required minimum front yard or required minimum rear yard; provided, however, no such front open balcony encroachment shall be combined with a front porch encroachment.

(5)

A porte-cochere, canopy, or marquee located over a driveway, or located over a doorway that serves as a main building entrance, shall be limited to a maximum height of 20 feet, and may encroach into a required yard, as follows:

(a)

In the R-3-A, R-4 and R-5 districts, such porte-cochere, canopy or marquee may extend no greater than 30 feet from the building and shall not encroach into the minimum front yard.

(b)

In the R-3, R-3-B, R-3-C and R-B-1 districts, such porte-cochere, canopy or marquee may extend no greater than 10 feet into any required yard and shall not extend closer than: 20 feet to a front plot line; or 10 feet to any other plot line.

(c)

In all other districts, such porte-cochere, canopy or marquee may encroach up to 4 feet into any required yard.

(7)

In all districts, a fire escape may encroach up to 5 feet into a required yard.

(8)

No portion of, or attachment to, a main building may encroach into any required yard pursuant to this section unless the element encroaching into the required yard is generally compatible with the architectural style of the building to which it is attached or of which it is a part. Such general, architectural compatibility shall be considered contemporaneously with a development review by the city council, planning and zoning board or community appearance board, as applicable, or if no development review is required, by the development services department, prior to issuance of a building permit.

(Ord. No. 5636, §§ 5, 6, 12-13-22)

Editor's note— Ord. No. 5636, §§ 5, 6, adopted Dec. 13, 2022, repealed the former § 28-1352 and enacted a new § 28-1352 as set out herein. The former § 28-1352 pertained to roof overhangs, eaves, gutters and decorative architectural features and derived from Ord. No. 5438, § 2, adopted Jan. 23, 2018.

(1)

Accessory buildings and accessory structures may encroach into required yards where specifically authorized pursuant to section 28-1295 or by the applicable zoning district regulations.

(2)

Except as authorized herein, uncovered patios, terraces and pool decks may extend not more than 4 feet into a required front yard, and not closer than 7 feet from an interior plot line. Uncovered patios, terraces and pool decks on a plot that adjoins a waterway with a seawall may extend to the seawall. Uncovered patios, terraces and pool decks on a plot located in that area of the city lying north of the south line of the north half of Lot 21A. Redlhammer Subdivision, according to Plat Book 20, Page 37, Public Records of Palm Beach County, Florida, and south of the northern city boundary and lying east of the east right-of-way of State Road A-1-A as it existed and was in use on February 28, 1967 (the date of adoption of Ordinance No. 1203), may encroach into the entire depth of any required front yard that is measured from the east right-of-way line of State Road A-1-A, and not closer than 7 feet from an interior plot line. No uncovered patio, terrace or pool deck shall encroach into a required front yard unless it is located on the first floor level only, and no part, except railings, extends above the first floor level.

(3)

Driveways, where permitted pursuant to chapter 23, division 5, may encroach into a required front yard.

(4)

Fences, walls, gates and hedges may encroach into a required yard where authorized pursuant to, and subject to the requirements of, section 28-1356.

(5)

In residential districts, permanently affixed decorative water features, including, but not limited to, fountains and decorative pools, may encroach into the required front yard, subject to the following requirements and limitations:

(a)

The decorative water feature shall be located a minimum of 7 feet from the front plot line.

(b)

The decorative water feature shall be ornamental in nature, and shall be of like design and architecturally compatible with the main building.

(c)

The decorative water feature shall not exceed a water depth of 18 inches, and shall not be used for recreational activity or human immersion.

(d)

The decorative water feature shall not exceed a height of 18 inches to the top of the decorative water feature, as measured from the lowest abutting grade. Any water pumps or jets shall not spray water more than 4 feet above the top of the decorative water feature, as measured from the top of the decorative water feature.

(e)

The decorative water feature shall not exceed 20 percent of the total area of the required front yard.

(f)

The required front yard shall include a pervious area equal to or greater than two times the total combined area of all decorative water features located in the required front yard.

(g)

Any lighting associated with the decorative water feature shall be subject to the outdoor lighting limitations set forth in section 23-241.

(6)

A screen enclosure with a screen roof may encroach into a required side yard or required rear yard, but shall be located no closer than 7 feet from an interior plot line.

(Ord. No. 5636, § 7, 12-13-22)

Editor's note— Ord. No. 5636, § 5, adopted Dec. 13, 2022, repealed § 28-1354, which pertained to porches, terraces, pool decks and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; Ord. No. 3305, § 1, adopted April 10, 1984; Ord. No. 4624, § 3, adopted Jan. 8, 2002; Ord. No. 4764, § 1, adopted Jan. 27, 2004; Ord. No. 4902, § 1, adopted Oct. 11, 2005; Ord. No. 4908, § 8, adopted Feb. 28, 2006; Ord. No. 5438, § 4, adopted Jan. 23, 2018; and Ord. No. 5504, § 2, adopted Nov. 13, 2019.

Editor's note— Ord. No. 5636, § 5, adopted Dec. 13, 2022, repealed § 28-1355, which pertained to fire escapes, outside stairways and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; Ord. No. 3305, § 1, adopted April 10, 1984; and Ord. No. 5438, § 5, adopted Jan. 23, 2018.

(a)

Except as provided in subsection (b), fences walls, gates and hedges located within any required yard shall be subject to the following requirements and limitations:

(1)

Height shall be limited according to the applicable zoning district, as follows:

(i)

Residential districts: 6 feet, except as provided in subsections (a)(2), (3) and (4).

(ii)

Business districts: 6 feet.

(iii)

Commercial districts: 7 feet.

(iv)

Industrial districts: 7 feet.

(v)

Miscellaneous districts: 6 feet.

(2)

In residential districts, and on residential plots in a VC district, fences, walls and gates within a required front yard shall be limited to 4 feet in height, except as follows:

(i)

In the case of a corner plot, a fence, wall, or gate up to 6 feet in height shall be permitted within the required yard from side street plot line, but not within the required front yard (where height shall continue to be limited to 4 feet), provided that said fence, wall or gate shall be no closer than 5 feet from the side street plot line, and a landscape buffer of shrubs shall be planted and maintained between said fence, wall or gate and the side street plot line of the fence or wall for the entire length of said fence, wall or gate.

(ii)

In the case of a double frontage plot, a fence, wall or gate up to 6 feet in height shall be permitted within the required front yard from the front plot line opposite of the addressed front plot line, provided that said fence, wall or gate shall be no closer than 5 feet from the front plot line opposite of the addressed front plot line, and a landscape buffer of shrubs shall be planted and maintained between said fence, wall or gate and the front plot line opposite of the addressed front plot line for the entire length of said fence, wall or gate.

(iii)

Where a landscape buffer is required pursuant to subsections (a)(2)(i) or (a)(2)(ii), the maximum spacing between each shrub shall be 3 feet on center. In the case of a chain link fence, the landscape buffer must be planted and maintained so as to completely obscure the fence.

(iv)

A wall (but not a fence) up to 6 feet in height shall be permitted within the required front yard from a front plot line abutting A-1-A Highway, U.S. Highway No. 1, Old Dixie Highway and Camino Real, from A-1-A Highway to U.S. Highway No. 1, subject to the approval of the city manager or designee upon a finding that no traffic or safety hazards will be created by the wall.

(3)

In residential districts, a hedge, or part thereof, may exceed the maximum height limitations set forth in subsections (a)(1) and (a)(2), if the hedge is located:

(i)

Within a required rear yard or within a required side yard where the abutting property is publicly owned or is zoned other than residential.

(ii)

Within a required rear yard or required side yard that is 25 feet or greater.

(iii)

Within a required rear yard or required side yard that is less than 25 feet, if the owners of the abutting properties have mutually agreed to a different height. Where a hedge within a required rear yard or required side yard that is less than 25 feet actually exceeds the maximum height limitation established by these regulations, it will be presumed that such a mutual agreement exists unless evidence is furnished to the city, in writing, to the contrary.

(iv)

Within a required front yard, provided that such hedge shall not exceed the height of the lowest hedge located within the required side yard from the side plot line (whether such hedge is located on the same or adjoining property). Where a fence or wall is located within either required side yard, any hedge located within the required front yard shall not exceed 4 feet in height.

(4)

In all districts, a temporary construction fence no greater than 6 feet in height may be placed on and along all plot lines of the property while under construction pursuant to a valid building permit, subject to approval by the city manager or designee upon a finding that: the nature of the work subject to the permit necessitates the temporary construction fence for safety; and the proposed location, height and material of the fence does not constitute a visual obstruction to motorists, pedestrians or bicyclists upon the streets, roads, sidewalks, bike paths, driveways and alleyways of the city.

(5)

Every fence, wall or gate shall be installed or constructed so that the finish side faces the street.

(6)

The height of fences, walls, and gates within a required yard shall be determined by measurement from the ground level at the lowest grade within 3 feet of either side of the fence, wall or gate.

(b)

The following shall not be subject to the requirements and limitations set forth in subsection (a):

(1)

Any fence or wall constructed on or prior to February 1, 1978, except those which are determined to constitute a hazardous obstruction as provided in subsection (g). The burden to prove the construction date of a fence or wall shall be upon the owner.

(2)

Utility poles, standards or masts, and their supports less than 22 inches in diameter or width, except as provided in subsection (g).

(c)

The exposed nib ends of any chain link or metal fence located within 6 feet of any sidewalk or bicycle path shall be turned in toward the support rails of the fence.

(d)

Except where specifically authorized or required by other sections of this Code, no building permit shall be issued for the construction or erection of a fence, wall or other structure in any public street, alley, canal or railroad right-of-way or in any public easement without the prior written approval of the city manager or designee and, as applicable, the governmental agency having jurisdiction, or public utility to whom the easement is dedicated. In determining whether to issue such written approval, the city manager or designee shall ensure that such fence wall or other structure would be consistent with the public use of the right-of-way or public easement, and would not create a safety or traffic hazard. A fence, wall or other structure constructed or erected in accordance with an approved building permit in any public right-of-way or easement shall be subject to the same height limitations as if it were located within the nearest required yard of the abutting property. An approval by the city manager or designee for the construction or erection of a fence, wall or other structure in a right-of-way or easement constitutes a bare license. grants no interest in real property, and the city may revoke such written approval, in its sole discretion, for any reason whatsoever, and such revocation shall be effective 30 days after the city gives written notice of the revocation; provided, however, in the event the city manager or designee determines, in the sole discretion of the city, the fence, wall or other structure to be inconsistent with the public use of the right-of-way or easement or to constitute a safety or traffic hazard, the revocation shall be effective immediately and the fence, wall or other structure shall be subject to immediate removal.

(e)

Where a utility easement or dedicated alley right-of-way that has not been developed for use by pedestrian or vehicular traffic (and is not projected to be developed for such use) abuts a property line in a residential district, the owners of the abutting property may install a fence in the alley or easement with the written approval of the city manager or designee, subject to the following requirements and limitations:

(1)

The fence shall not extend into the alley or easement more than ½ of the width of the easement or alley right-of-way.

(2)

The fence height shall not exceed the maximum limitations established by this section for the nearest required yard of the abutting property.

(3)

If the fence is to serve as the safety barrier for a swimming pool, it shall meet all applicable requirements.

(4)

A building permit to erect such fence shall be required.

(5)

The fence shall be subject to temporary or permanent removal at the owner's expense pursuant to subsection (g).

(f)

Security fences or walls with single or double 3-strand barbed wire outriggers or extension arms installed at approximately a 45-degree angle at the top of the fence or wall may only be installed in the following areas, and the additional height resulting from the installation of the outriggers or extensions shall not be considered in measuring the height of a fence or wall:

(1)

At a zoning district boundary line where a business, commercial or industrial district directly abuts on a residential district, without any division or separator between the districts (such as a street, alley, park or other public open space), provided the owner of the residential property either applies for a permit to install such fence or wall or agrees, in writing, to the installation thereof.

(2)

Within a business, commercial or industrial district.

(3)

Around electrical substations and similar hazardous facilities.

(g)

Notwithstanding any other provision of this Code to the contrary, the city manager or designee shall be authorized to order the removal or reduction in height of any fence, wall, gate, hedge or other structure or growth upon a determination that it constitutes a hazardous obstruction to the vision of vehicle operators or is an obstruction to pedestrians or bicyclists upon the streets, roads, sidewalks, bikepaths, driveways and alleys of the city, or where a fence, wall or other structure placed in a right-of-way or public easement pursuant to (d) and/or (e) becomes inconsistent with the maintenance or improvement of the easement or right-of-way. Such a determination shall be made after taking into consideration, as applicable, the traffic pattern, posted speed limit, width of the pavement, distance from the pavement to the object, dimensions of the object, adjacent land uses and the city's plans for capital improvements or other changes to the characteristics or function of the right-of-way or easement. Such order shall require compliance within 30 days following issuance of the written notice. After such notice and the expiration of the 30-day period, the fence, wall, gate, hedge or other structure or growth, or obstruction, may be removed or modified as appropriate by the city, with the cost thereof charged to the owner of the premises involved, and such cost may be collected and a lien may be made upon the property in the same manner as a tax lien in favor of the city. Provided, however, that where the city manager or designee determines that the fence, wall, gate, hedge or other structure or growth constitutes an immediate danger to public safety, the order may require compliance in a shorter time period, or the city may take immediate action to correct the immediate danger to public safety, as appropriate.

(Ord. No. 5636, §§ 5, 8, 12-13-22)

Editor's note— Ord. No. 5636, §§ 5, 8, adopted Dec. 13, 2022, repealed the former § 28-1356 and enacted a new § 28-1356 as set out herein. The former § 28-1356 pertained to fences, walls, gates, hedges and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; Ord. No. 3305, § 1, adopted April 10, 1984; Ord. No. 4122, § 63, adopted Sept. 28, 1993; Ord. No. 4375, § 1, adopted May 12, 1998; Ord. No. 4690, § 1, adopted Feb. 25, 2003; Ord. No. 4905, § 1, adopted Nov. 22, 2005; Ord. No. 4908, § 9, adopted Feb. 28, 2006; Ord. No. 5013, § 1, adopted Nov. 27, 2007; Ord. No. 5239, § 4, adopted Aug. 27, 2013; and Ord. No. 5327, § 4, adopted Nov. 24, 2015.

Editor's note— Ord. No. 5636, § 5, adopted Dec. 13, 2022, repealed § 28-1357, which pertained to movable awnings and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; Ord. No. 3305, § 1, adopted April 10, 1984; and Ord. No. 4857, § 2, adopted March 22, 2005.

Editor's note— Ord. No. 5636, § 5, adopted Dec. 13, 2022, repealed § 28-1358, which pertained to hoods, canopies, or marquees and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; Ord. No. 3305, § 1, adopted April 10, 1984; and Ord. No. 5438, § 6, adopted Jan. 23, 2018.

Editor's note— Ord. No. 5636, § 5, adopted Dec. 13, 2022, repealed § 28-1359, which pertained to screen enclosures and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; and Ord. No. 3305, § 1, adopted April 10, 1984.

Editor's note— Ord. No. 5636, § 5, adopted Dec. 13, 2022, repealed § 28-1360, which pertained to open balconies, walkways, stairways and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; Ord. No. 3305, § 1, adopted April 10, 1984; and Ord. No. 5438, § 7, adopted Jan. 23, 2018.

Editor's note— Ord. No. 5636, § 5, adopted Dec. 13, 2022, repealed § 28-1361, which pertained to porte-cocheres, canopies and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; and Ord. No. 3305, § 1, adopted April 10, 1984.

The following uses are permitted within the additional yard required for a building with excess height or length:

(a)

Uncovered walkways.

(b)

Walkways with a permanent overhead covering, provided that the permanent overhead covering does not exceed a height of 10 feet and a width of 10 feet. Such covered areas shall be excluded from any required open space for the plot.

(c)

Parking areas with a permanent overhead covering not exceeding a height of 10 feet for flat roofs and 15 feet for pitched roofs. Such covered areas shall be excluded from any required open space for the plot.

(d)

Patio areas with a permanent overhead covering not exceeding a height of 10 feet and with glassed or screen enclosed sides or open sides.

(e)

Accessory buildings 1 story high with a maximum height of 15 feet.

(Ord. No. 5636, § 9, 12-13-22)

Editor's note— Ord. No. 5636, § 9, adopted Dec. 13, 2022, repealed the former § 28-1362 and enacted a new § 28-1362 as set out herein. The former § 28-1362 pertained to uses within required additional setback and derived from Ord. No. 253, § 3.12, adopted Feb. 28, 1956; Ord. No. 400, §§ 1, 2, adopted June 16, 1959; Ord. No. 488, § 1, adopted Jan. 12, 1960; Ord. No. 655, § 1, adopted June 27, 1961; Ord. No. 825, § 1, adopted Feb. 11, 1964; Ord. No. 832, § 1, adopted March 24, 1964; Ord. No. 840, § 1, adopted April 21, 1964; Ord. No. 913, § 1, adopted Oct. 20, 1964; Ord. No. 960, § 1, adopted April 13, 1965; Ord. No. 968, §§ 1, 2, adopted May 18, 1965; Ord. No. 1000, § 1, adopted Aug. 3, 1965; Ord. No. 1026, § 1, adopted Nov. 2, 1965; Ord. No. 1049, § 1, adopted Dec. 28, 1965; Ord. No. 1157, § 2, adopted Nov. 1, 1966; Ord. No. 1203, § 1, adopted Feb. 28, 1967; Ord. No. 1239, § 1, adopted Aug. 22, 1967; Ord. No. 1950, § 1, adopted March 5, 1974; Ord. No. 2316, § 1, adopted Feb. 22, 1977; Ord. No. 2382, § 1, adopted June 14, 1977; Ord. No. 2461, § 1, adopted Jan. 31, 1978; Ord. No. 2556, § 1, adopted Nov. 14, 1978; Ord. No. 2698, § 1, adopted Nov. 27, 1978; Ord. No. 3206, § 1, adopted May 24, 1983; and Ord. No. 3305, § 1, adopted April 10, 1984.

The regulations in this division shall apply to service stations. Zoning and other applicable regulations not provided in this division shall apply for the zoning district in which the service station is located, provided that a service station shall be exempt from any requirements for minimum building area contained in the underlying zoning district regulations.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

Service stations are permitted only at the locations set forth in this section. Prior to consideration by the planning and zoning board and the city council of the addition of a location to this section, notice of the public hearings by the planning and zoning board and the city council shall be provided as set forth in section 28-8. The location of service stations shall be as follows:

(a)

At the intersection or junction of any 2 of the following main thoroughfares as they presently exist or which will exist when they are constructed:

(b)

At the intersection of Federal Highway which is formed by N.W. 6th Street on the east side thereof and N.E. 8th Street on the west side thereof.

(c)

At the intersection of Federal Highway and N.E. 10th Street on the west side thereof.

(d)

At the southeast corner of Glades Road and N.W. 7th Avenue.

(e)

A location which has received conditional commercial node approval pursuant to section 28-976 et seq. (LIRP) or 28-1724(i)(1) (residential P.U.D.).

(f)

A location which has received conditional use approval pursuant to section 28-934, section 28-940 or section 28-1121 et seq.

(g)

Any parcel which has been in continuous use as a service station since January 1, 1966. A parcel shall be deemed to have been in continuous use as a service station if it has been operated as a service station without cessation or interruption.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88; Res. No. 21-75, § 1, 2-25-75; Ord. No. 3876, § 1, 9-25-90; Ord. No. 3894, § 1, 12-11-90; Ord. No. 4122, § 64, 9-28-93; Ord. No. 4502, § 1, 4-25-00; Ord. No. 5461, § 6, 10-23-18; Ord. No. 5600, § 22, 10-26-21; Ord. No. 5655, § 2, 1-11-23)

There shall be a minimum distance of 750 feet, shortest airline measurement between the nearest points on any 2 plots of land occupied or to be occupied for service station purposes. This distance may be reduced to 100 feet if service stations are located along a thoroughfare divided by a median strip provided the stations are located along traffic lanes going in the opposite direction. In no case shall there be more than 2 stations constructed at any 1 of the intersections cited in section 28-1387(a), and in no event shall there be more than 1 station constructed at the intersections cited in section 28-1387(b) and in section 28-1387(c).

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

There shall be a minimum distance of 300 feet, shortest airline measurement between the nearest points on a parcel of land occupied for service station purposes and to be occupied by a church, hospital, theater, auditorium, stadium area, assembly hall, public playground, public playfield or similar public place where a minimum of 100 people may congregate, and such facilities shall not be permitted closer than this distance to any existing service station. This provision shall not apply to any parcel of land occupied for service station purposes which parcel of land is located within 200 feet of a place of assembly as of May 27, 1986.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

The plot to be occupied for a service station shall not have less than 150 feet frontage and an area of not less than 15,000 square feet.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

Service station fuel pumps and pump islands shall be located not less than 15 feet from any street right-of-way line, property line or required planting strip. Where such pump or island is within 25 feet of a street right-of-way line, there shall be a masonry curb not less than 6 inches high along the property line between driveways; however, no obstructions over 3 feet high will be permitted within the 25-foot radius, except for such signs as are permitted under chapter 24.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

A solid masonry wall shall be required along all service station property lines abutting residentially zoned property. The heights of such walls shall be not less than the maximum permitted in section 28-1356(a).

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

Sidewalks shall be constructed at service stations along the street perimeter in accordance with adopted city standards.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

Not less than 10 percent of the total plot area of a service station shall be planted and maintained in lawn with no other landscaping except flowers, shrubs or hedges not over 3 feet in height. Trees shall be planted so as not to obscure vision of traffic.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

Permitted service station uses are:

(a)

Motor vehicles, luggage carriers, boats, trailers or wrecks thereof may be stored on the premises only within a totally enclosed building; provided, that employee motor vehicles and rental cars, if car rental is a permitted use under the applicable zoning district, may be parked outside.

(b)

Minor adjustments or repairs to cars, trucks or trailers or other vehicles are permitted, provided that body work, painting or dismantling of transmissions or differentials are not permitted unless specifically permitted in the zoning district in which the service station is located.

(c)

Retail sale of:

1.

Automobile parts and accessories, gasoline, diesel fuel, kerosene, lubricating oils and greases.

2.

Articles dispensed by vending machines, providing such vending machines are located under the roof of the main structure and screened on not less than 3 sides.

(d)

Retail sales of convenience items, subject to the following conditions and limitations:

1.

The area of the structure devoted to such retail sales shall not exceed 750 square feet.

2.

The site shall contain the required parking for the square footage of the area used for such retail sales, which shall be in addition to the parking required for the service station use.

3.

A minimum landscaped area of 20 percent of the site shall be provided.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

(1)

Car washes may be approved as a conditional use at a service station subject to the requirements and limitations set forth in section 28-1319.

(2)

Convenience center/service station facilities for service station uses and accessory uses may be approved as a conditional use subject to the following conditions and limitations:

(a)

Accessory uses are carwash facilities subject to subsection (1), retail sales of convenience items, food and beverage sales, rental of household items, and automated banking facilities.

(b)

The sales areas shall not exceed 4,000 gross square feet.

(c)

All convenience center/service station facilities shall have a minimum plot area of 30,000 square feet.

(d)

All convenience center/service station facilities shall have a minimum of 150 feet of frontage on a single main thoroughfare.

(e)

A convenience center/service station facility may not have a driveway within 100 feet of an intersection.

(f)

A minimum of ten percent of the total parking required for a convenience center/service station facility shall be contiguous to the main structure.

(g)

Accessory uses to the service station shall not be permitted a separate pedestrian entrance.

(h)

The main structure shall have a six-foot concrete sidewalk providing pedestrian access from the entrance to the parking area(s).

(i)

Access to the restrooms must be from the interior of the convenience center/service station facility.

(j)

A minimum landscaped area of 20 percent of the site shall be provided.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88; Ord. No. 4122, § 65, 9-28-93; Ord. No. 4246, § 1, 10-10-95; Ord. No. 5701, § 6, 10-22-24)

Outdoor display at service stations shall be limited to the following:

(a)

Racks containing cans of lubricating oil may be displayed on each service island.

(b)

A rack or pedestal for the display of not more than 1 tire may be displayed on each service island and along any side of the main structure.

(c)

One stationary tire storage cabinet may be located on 1 side of the main structure. Such cabinet shall not be located more than 4 feet from the structure.

(d)

No lift or repair facility shall be located outside of the main structure.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

All service stations existing at the time this section is adopted and conforming as to use or structure may continue as legal uses under requirements then in effect.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

(1)

An owner or subsequent owner of a service station operating as of April 23, 1968, or operating after that date which ceases such operation for a period of 2 years shall, within a period of 6 months, remove such service station or remodel same for some other permitted use.

(2)

All service stations or structures designed and intended for use as a service station not operating as such as of April 23, 1968, and having been nonoperating for a period of 2 consecutive years will be required to comply with (a) above.

(Ord. No. 339, § 1, 7-8-58; Ord. No. 1285, § 1, 4-23-68; Ord. No. 1455, §§ 1, 2, 7-21-70; Ord. No. 1844, § 1, 8-8-73; Ord. No. 2659, § 3, 10-9-79; Ord. No. 2679, § 1, 12-4-79; Ord. No. 2794, § 2, 6-24-80; Ord. No. 3244, § 1, 9-27-83; Ord. No. 3475, § 1, 12-17-85; Ord. No. 3528, § 1, 7-22-86; Ord. No. 3670, § 1, 1-26-88; Ord. No. 3735, § 1, 11-7-88)

The regulations in this division shall apply to all new child care and adult care centers in the city. All other zoning regulations not provided for by this division shall apply in accordance with the zoning district regulations in which the child care center is located or is to be located.

(Ord. No. 3705, § 5, 7-26-88; Ord. No. 4290, § 25, 10-29-96)

Minimum lot area under this division shall be 10,000 square feet with a minimum street frontage of 100 linear feet.

(Ord. No. 3705, § 5, 7-26-88)

A 6-foot-high fence or wall shall surround all play areas accessory to child care centers.

(Ord. No. 3705, § 5, 7-26-88)

Child care centers with play areas adjacent to residential districts shall have a 20-foot landscaped yard around such play areas in addition to the required fence or wall.

(Ord. No. 3705, § 5, 7-26-88)

Child care centers which are located in and are accessory uses to multifamily or commercial use buildings shall be located on the ground floor. Required parking shall be provided as established in section 28-1655(bb).

(Ord. No. 3705, § 5, 7-26-88; Ord. No. 3705, § 5, 7-26-88)

Adequate screening shall be provided for all outside use areas accessory to care centers as deemed necessary by the planning and zoning board.

(Ord. No. 3705, § 5, 7-26-88; Ord. No. 3705, § 5, 7-26-88; Ord. No. 4290, § 26, 10-29-96)

All care centers contiguous with residential zones shall not have frontage on a minor street.

(Ord. No. 3705, § 5, 7-26-88; Ord. No. 3705, § 5, 7-26-88)

All care centers located in or adjacent to residential districts shall not be permitted to operate between the hours of 7:00 p.m. and 6:00 a.m. Care centers in all other districts shall not be permitted to operate between the hours of 10:00 p.m. and 5:00 a.m. These restrictions shall apply only to the regular operation of a day care center and shall not preclude scheduled parent and staff meetings during other hours.

(Ord. No. 3705, § 5, 7-26-88; Ord. No. 3705, § 5, 7-26-88)

The regulations in this division shall apply to new and existing helistops and heliports. All other zoning regulations not provided for by this division shall apply in accordance with the zoning district regulations in which the helistop or heliport is located or is to be located.

(Ord. No. 1668, § 14, 6-13-72)

Cross reference— Airports and aircraft, ch. 3; airport zoning regulations, § 28-271 et seq.

Heliports and helistops are permitted in accordance with the requirements and provisions of the zoning district in which the facility is to be located, based upon the recommendations of the planning and zoning board, after a public hearing on the application of the property owner for the location of a heliport or helistop, and the approval by the city council after a public hearing upon the application of the property owner for the location of a heliport or helistop upon the referral thereof to the city council by the planning and zoning board for final action thereon.

(Ord. No. 1668, § 14, 6-13-72)

No person shall operate or permit the operation of any heliport or helistop without first obtaining a permit therefor from the city council.

(Ord. No. 1668, § 14, 6-13-72)

An application for a permit to operate a heliport or helistop shall be processed in accordance with the procedures and requirements set forth in section 28-9 and additionally shall furnish the following information:

(a)

Name and address of the applicant.

(b)

The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transactions or acts giving rise to such judgments.

(c)

The experience of the applicant in the use and operation of heliports and helistops.

(d)

Any facts or information which the applicant believes tends to support and confirm the granting of the permit requested.

(e)

The location of the proposed heliport or helistop.

(f)

A description of the facilities provided including all accommodations accessory thereto.

(g)

Such further information as the development services department may require.

(Ord. No. 1668, § 14, 6-13-72; Ord. No. 4170, § 27, 9-27-94; Ord. No. 5642, § 26, 1-10-23)

Upon the filing of an application for a heliport or helistop permit, the development services department shall review the information submitted for the completeness thereof and shall refer same to the planning and zoning board which shall fix a time and place for a public hearing thereon. Notice of the public hearing shall be provided as set forth in section 28-8. The city shall submit a copy of the application to the Federal Aviation Administration for review and comment. The planning and zoning board shall make a recommendation on the application to the city council.

(Ord. No. 1668, § 14, 6-13-72; Ord. No. 4170, § 27, 9-27-94; Ord. No. 5600, § 23, 10-26-21)

Upon receipt by the city council of the recommendations of the planning and zoning board as to the application for a heliport or helistop permit, the city council shall either accept, modify or deny the recommendation of the planning and zoning board. If by such acceptance, modification or denial of the recommendation a change in the future land use map of the comprehensive plan or the official zoning map is required, an ordinance setting forth the change shall be introduced as soon as possible. Notice of the public hearings shall be provided as set forth in section 28-8.

(Ord. No. 1668, § 14, 6-13-72; Ord. No. 5600, § 23, 10-26-21)

In considering applications for heliport and helistop permits, the planning and zoning board and the city council shall consider the effect of the proposed use on existing and future dwellings in the vicinity; the proposed site; fencing, screening and landscaping; air traffic safety; and the general health, safety and welfare of the community. Any such request may be granted upon or conditioned upon the faithful adherence to and fulfillment of such conditions and restrictions as shall be determined to be necessary for the protection of the surrounding areas and general welfare of the community.

(Ord. No. 1668, § 14, 6-13-72)

No application for a heliport or helistop permit may be sold, assigned, mortgaged or otherwise transferred without the consent of the city council.

(Ord. No. 1668, § 14, 6-13-72)

The provisions and requirements applicable for the use of all heliports and helistops shall be as follows:

(a)

Heliports and helistops shall be controlled by the provisions of this division, by contractual arrangements with the city and by the rules, regulations and ordinances of the Federal Aviation Administration.

(b)

The design, operation, use and maintenance of heliports shall conform to the Federal Aviation Administration regulations and shall conform to the criteria established by the National Heliport Standards Council.

(c)

The operation and licensing of helistops shall conform to the criteria established by the National Heliport Standards Council and shall comply with the safety requirements established thereunder, which safety requirements are to be enforced by the fire-rescue services department of the city.

(Ord. No. 1668, § 14, 6-13-72; Ord. No. 4170, § 30, 9-27-94)

For the purpose of this division a heliport will constitute an area either at ground level or elevated on a suitable structure, and may include some or all of the facilities relative to helicopter operation, including helicopter parking, waiting room, fueling and equipment for the operation of helicopters.

(Ord. No. 1668, § 14, 6-13-72)

The length of the heliport landing area shall be not less than twice the length of the helicopter to be accommodated. The width of the landing area shall be not less than 1½ the overall length of the helicopter.

(Ord. No. 1668, § 14, 6-13-72)

(1)

All helicopters operating from heliports in the city shall avoid unnecessary low flying over inhabited areas and shall operate in such manner that residents in the area adjacent to the heliport shall not be subject to unusual noise, dirt or other disturbing factors which would not be conducive to their safety and well-being.

(2)

The city hereby adopts in concept the pamphlet entitled, "Flying Neighborly; How to Operate the Medium Helicopter More Quietly" by C.R. Cox and published by the Bell Helicopter Company as and for an ordinance of the city and the same is hereby adopted and incorporated into this Code as fully as if set out at length. In furtherance of promoting noise abatement and control arising from helicopter operations, the city manager is authorized to establish approach and departure routes for all heliports and helistops approved in the city. In carrying out this responsibility, the city manager shall follow in concept the criteria contained in the Heliport Design Guide published by the department of transportation of the Federal Aviation Administration on November, 1969, which is likewise adopted as and for an ordinance of the city and incorporated into this Code as fully as if set out at length.

(Ord. No. 1668, § 14, 6-13-72; Ord. No. 2032, § 1, 11-5-74)

The owners of heliports shall require all helicopters operating from their pads to provide adequate liability insurance, the amount of which can be negotiated.

(Ord. No. 1668, § 14, 6-13-72)

The landing site shall be paved and of a size as set forth in section 28-1461 and shall be marked with symbols readable from the air. Such symbols shall be approved by the Federal Aviation Administration.

(Ord. No. 1668, § 14, 6-13-72)

The entire heliport or helistop area shall be fenced to a height of 3 feet and provided with suitable gates to prohibit unauthorized entrance.

(Ord. No. 1668, § 14, 6-13-72)

The ground around the perimeter of the heliport or helistop area shall be sodded or paved with a dustfree surface for a sufficient distance to prevent the dissemination of dust and dirt during takeoff and landing.

(Ord. No. 1668, § 14, 6-13-72)

The failure of a helicopter owner operating from a heliport authorized by the city or the owners of the heliport to comply with the terms set forth in this division shall be considered sufficient grounds for revocation of any permit granted for operation under this division by the city council.

(Ord. No. 1668, § 14, 6-13-72)

No person owning, piloting or operating a helicopter shall land such aircraft, permit same to be landed or permit such aircraft to takeoff in the city except at an approved heliport or helistop location or at a duly licensed airport. This provision shall not apply in the event of an emergency involving the safety of any helicopter or its passengers; nor in those instances where the helicopter is involved in the performance of rescue, search, law enforcement, medical evacuation or civil defense duties.

(Ord. No. 1668, § 14, 6-13-72; Ord. No. 2032, § 2, 11-5-74; Ord. No. 4081, § 1, 4-13-93)

The city manager shall have the authority to grant temporary helistop approval for spot landings for promotional purposes at specific locations, provided the following criteria is fully complied with:

(a)

The applicant desiring such approval shall submit a written application to the city on approved form which shall describe fully the time and place of the proposed landing, the purpose, the helicopter to be used, the pilot, insurance coverage applicable, and all crowd control measures to be employed to safeguard the safety of life and property at the site. The applicant shall agree to reimburse the city for all reasonable costs incurred on the applicant's behalf, including the cost for any police officers which may be required for crowd control.

(b)

The applicant shall agree in writing to indemnify the city against all risk of loss from any cause for injury or death to any person or for property damage arising out of the landing approval requested.

(c)

The applicant shall establish to the satisfaction of the city manager by clear and convincing proof that no risk to the safety of pedestrian or motor vehicle traffic or to the residents of the area in question may be reasonably considered to be involved.

(d)

The landing of the helicopter and the subsequent takeoff after completion of the promotional activities shall be supervised by a police officer of the city who shall remain in attendance on the ground location during the entirety of the proposed operation. The applicant shall reimburse the city for the reasonable cost of any such police supervision.

(Ord. No. 2032, § 3, 11-5-74)

All parking of helicopters and repairs to same shall be confined to enclosed areas.

(Ord. No. 1668, § 14, 6-13-72)

This division shall not apply to any official duly licensed airport established within the city limits pursuant to the applicable regulations of the Federal Aviation Administration.

(Ord. No. 1668, § 14, 6-13-72)

It shall be the responsibility of the police services department of the city to enforce the provisions of this Code regulating helicopter landings, including violations involving improper landing and takeoff procedures by helicopter pilots and also violations involving helicopter landings and takeoffs at other than authorized sites.

(Ord. No. 2001, § 1, 7-9-74; Ord. No. 4170, § 33, 9-27-94)

Special helistop locations may be established by the city council upon the advice and recommendation of the city manager as part of the program of civil defense. Such special helistop sites may be located on public property and on private property with the owner's consent, including rooftop locations on multistory buildings. All such locations and sites shall be established by an ordinance of the city which shall include all special regulations and conditions pertaining thereto.

(Ord. No. 2032, § 4, 11-5-74)

Editor's note— Ord. No. 4721, § 20, adopted July 22, 2003, amended the Code by repealing former § 28-1486 in its entirety. Former § 28-1486 pertained to mooring, and derived from Ord. No. 253, adopted February 28, 1956; Ord. No. 1450, adopted July 21, 1970; Ord. No. 2295, adopted February 22, 1977; Ord. No. 2878, adopted December 2, 1980.

The following regulations shall apply to boathouses and boat slips erected or used in R districts:

(a)

Height of boathouses. No boathouse shall exceed in height an elevation of +13.00 feet measured at the top of the plate, nor exceed in height an elevation of +15.00 feet measured at the highest point of the roof.

(b)

Setback of boathouses.

1.

No boathouse shall be built less than 5 feet distant from the established bulkhead line or the face of the existing bulkhead measured at elevation 0.

2.

Accessory building attached to boathouse. No accessory building to a boathouse and which is attached thereto and a part thereof shall be built less than 20 feet distant from the established bulkhead line nor shall such accessory building exceed the maximum height allowable for boathouses under (a) above.

3.

Accessory building detached. No detached accessory building shall be built less than 30 feet distant from the established bulkhead line or face of existing wall. Such detached accessory building shall conform in all other respects to the provisions of R districts, except as provided under (d) below.

(c)

Area.

1.

No boathouse or other similar structure shall exceed 20 feet in width, measured on a line parallel to the face of the existing wall or bulkhead line, nor exceed 40 feet in depth, measured at right angles to the bulkhead line, in any R district.

2.

No boathouse, boat slip or other similar structure, nor accessory building, attached or detached, shall be built less than 10 feet distant from any other residentially zoned property.

3.

No boathouse, boat slip or accessory building, singly and collectively, shall occupy more than 20 percent of the plot in any R district.

(d)

Special setback provisions for Por La Mar Subdivision. No buildings or other structures shall be built less than 25 feet distant from the established bulkhead line or the face of the existing bulkhead measured at elevation 0, except as provided as follows:

1.

Special setback from waterfront. No building shall be erected less than 15 feet distant from the existing bulkhead line at the westerly side of Lots 1 to 8, inclusive.

2.

Special setback from the street line. No building shall be erected less than 15 feet distant from the existing street line at the easterly side of Lots 1 to 4, inclusive.

(Ord. No. 253, § 3.16, 2-28-56)

No boat shall be maintained or used as a place of residence within the city limits, for a period exceeding 14 days in any 6-month period.

(Ord. No. 253, § 3.17, 2-28-56)

The regulations in this division shall apply in all residential districts.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

(1)

Definitions. For the purpose of this division the following definitions shall apply, subject to the rules of construction in (2) below:

"Agricultural, construction or industrial equipment" shall mean any motor vehicle, trailer or implement used in agriculture, construction or industry, and only incidentally operated or moved over public highways. The term includes, but is not necessarily limited to, farm tractors and implements, bulldozers, cranes, excavators, forklifts, motor graders, road rollers, tow trucks, mixers, earth movers, compressors, generators and lot-clearing equipment. The term shall not include lawn mowers, edgers, wheelbarrows and other lawn maintenance equipment for primary use on the premises.

"Boat" shall mean any watercraft, including a barge and airboat, designed, used or capable of being used as a means of transportation on water.

"Bus" shall mean any motor vehicle, other than a taxicab, designed or used for the transportation of persons for compensation.

"Camper" shall mean any separate structure designed or used for human habitation, which can be attached to or detached from a pickup truck, and which has sufficient headroom for an adult 6 feet in height to stand upright. A pickup truck with a cap shall not be construed as a camper.

"Cap" shall mean any separate structure which can be attached to or detached from a pickup truck, and which does not have sufficient headroom for an adult 6 feet in height to stand upright.

"Chassis camper" shall mean any motor vehicle with a cab and a habitable structure permanently attached to the motor vehicle chassis.

"Commercial lettering" shall mean letters, numbers, symbols or combinations thereof which advertise a trade, business, industry or other activity for profit, or a product, commodity or service. The term shall not include bumper stickers affixed to bumpers only, or the decal or plate commonly applied to a motor vehicle by a motor vehicle dealer.

"Commercial vehicle" shall mean any agricultural, construction or industrial equipment, or any bus, step van, truck or truck tractor. The term shall include any motor vehicle upon which commercial lettering, as defined herein, has been affixed. The term shall also include, but shall not necessarily be limited to, a pickup truck with an altered cargo box, or from which the cargo box has been removed. Any motor vehicle with tools, building materials or merchandise visible from the street or from abutting residential property shall be deemed a commercial vehicle.

"Habitable" shall mean containing facilities for sleeping or equipment for cooking.

"Jeep" shall mean any motor vehicle not otherwise defined herein, which is designed such that all wheels can be powered and which is currently licensed and registered for operation upon public highways.

"Light van" shall mean any motor vehicle having a generally rectangular bulk, which is licensed and registered for operation upon public highways and which has a carrying capacity of 1 ton or less.

"Motor home" shall mean any motor vehicle to which a habitable structure has been permanently attached to a motor vehicle chassis. The term shall include but shall not necessarily be limited to any light van with a roof permanently raised to allow an adult 6 feet in height to stand upright.

"Owner" shall mean any person to which a motor vehicle or trailer is registered according to the certificate of title for the motor vehicle or trailer, and shall include, if the motor vehicle or trailer is under lease, rental agreement or on loan under any type of arrangement, gratuitous or otherwise, the person having possession or control of the vehicle. When used herein in relation to privately owned real property in a residential district, the term shall mean the owner of the property according to the latest ad valorem tax records of the county, and shall include, if the privately owned real property is under lease, rental, agreement for deed or similar land contract, the person in possession and control of the property.

"Pickup truck" shall mean any motor vehicle designed primarily for the transportation of property within a permanently attached open cargo box and having a carrying capacity of 1 ton or less.

"Recreational vehicle" shall mean any camper, pickup truck with a camper mounted, chassis camper, motor home or swamp buggy as defined herein; or any similar vehicle or trailer designed primarily for recreational use.

"Residential district" shall mean an R1, R2, R3, R4, R5, RE or REC district as established and designated upon the district map pursuant to section 28-302.

"Screening" shall mean a visual barrier consisting of permanent, dense vegetation or other permitted structure at least equal in height to the recreational vehicle, boat or boat trailer, but which does not exceed the maximum height limitation set forth in section 28-1356.

"Step van" shall mean any motor vehicle having a generally rectangular bulk, designed and manufactured primarily as a commercial delivery or service truck, and characterized by having sufficient headroom for an adult 6 feet in height to stand upright. The term shall include, but shall not necessarily be limited to, a light van to which an enlarged cargo area has been fitted.

"Street" shall mean any street, avenue, road, paved alley or other public thoroughfare, however designated, and shall include all of the right-of-way therefor regardless of the location of the pavement. For the purpose of determining whether a street is within a residential district in the city, "street" shall include the half of the right-of-way between the centerline and the boundary line which is the residential property line, to the extent that the right-of-way adjoins a residential district.

"Swale" shall mean that area of a public street between the pavement and the limiting property line of the right-of-way.

"Swamp buggy" shall mean any motor vehicle designed primarily for operation on land other than improved roads.

"Trailer" shall mean any vehicle without motive power designed for carrying persons or property on its own structure and to be drawn by a motor vehicle regardless of hitch type.

"Truck" shall mean any motor vehicle, other than a pickup truck or light van, which is designed primarily for the transportation of property or cargo.

"Truck tractor" shall mean any motor vehicle, other than a pickup truck, which is designed for or equipped with a fifth wheel hitch for drawing semitrailers.

(2)

Rules of construction. In applying the terms of this division:

(a)

Any motor vehicle, boat or trailer which is partially built or in the process of conversion shall be included under the most stringent definition that can be applied.

(b)

In case of doubt as to the proper classification of a specific vehicle, a determination by the state department of highway safety and motor vehicles shall be controlling. The body description and classification on the motor vehicle certificate of title shall be prima facie evidence of such determination.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

(1)

It shall be unlawful for any owner, agent, operator or person in charge of a commercial vehicle, recreational vehicle, boat or trailer to park, store or keep such vehicle, boat or trailer on the pavement or in the swale of any public street within any residential district in the city.

(2)

It shall be unlawful for any owner of privately owned real property in any residential district in the city to park on, cause to be parked on, or allow to be parked on such property any commercial vehicle, recreational vehicle, boat or trailer, except as may otherwise be provided herein.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

The prohibitions of section 28-1507 shall not apply to:

(a)

The temporary parking of any commercial vehicle or trailer on privately owned real property or in the adjoining swale of any public street within a residential district where construction for which a current and valid permit has been issued by the city is underway on the property and the permit therefor is properly displayed on the premises. Nothing in this subsection is intended to require a permit where none is otherwise required.

(b)

Deliveries by tradesmen, or the use of commercial vehicles or trailers in making service calls.

(c)

The emergency parking of a disabled commercial vehicle, recreational vehicle, boat or trailer. However, any such commercial vehicle, recreational vehicle, boat or trailer shall be removed from the residential district within 24 hours by wrecker towing or other available means regardless of the nature of the emergency.

(d)

The active loading or unloading of a recreational vehicle or trailer preparatory for or following an off-premises trip, but in no case shall this loading or unloading period exceed 24 hours in any 7-day period.

(e)

Boats which are docked in a canal, or landed from a canal by a permanent hoist mechanism.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

Notwithstanding the prohibitions in section 28-1507, there may be parked in any residential district, on a plot improved with a permitted structure, any combination of the following motor vehicles or trailers:

(a)

Any light van, pickup truck, jeep, automobile or similar type of motor vehicle, provided said motor vehicle is parked in a garage or carport or upon an approved and permitted driveway or parking area.

(b)

Any recreational vehicle, boat or trailer, or any motor vehicle described in (a) above which is a commercial vehicle, provided that:

1.

Such vehicle, boat or trailer is parked in a permitted garage or carport.

2.

No part of such vehicle, boat or trailer when parked in a garage or carport may project horizontally beyond the roofline of the garage or carport.

3.

When parked in a carport, such vehicle, boat or trailer is screened on 3 sides.

(c)

Any recreational vehicle, boat or boat trailer, provided that:

1.

The recreational vehicle, boat or boat trailer is parked on the plot in the minimum rear yard, or in the minimum side yard to the rear of the extension of the front roofline.

2.

The recreational vehicle, boat or boat trailer is screened from off-premises view by a fence, wall or hedge. Any screening hereunder shall be limited to and in compliance with the requirements for a fence, wall or hedge as set forth in section 28-1356.

3.

At least 3 feet of separation shall be provided between the building and the recreational vehicle, boat or boat trailer. For this purpose, the roof overhang shall not be deemed part of the building.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83; Ord. No. 5131, § 1, 4-13-10)

Exempt from the provisions of this division are commercial vehicles or trailers in actual use, or moving directly to or from the location of actual use which are owned or leased by:

(a)

The city for the accomplishment of a municipal purpose;

(b)

A contractor or subcontractor under agreement with the city to accomplish a municipal purpose; or

(c)

A public utility operating within the city, or a contractor or subcontractor under agreement with such public utility, for the installation, maintenance, adjustment or repair of or to a public utility facility.

However, no towing company, or other business entity, or any of its officers, employees and agents shall be exempt from the provisions of this division solely because the towing company or other business entity has been employed by the city to provide towing or other services.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

Nothing contained in this division shall be construed to permit any type of commercial activity not otherwise permitted in this chapter at any location within a residential district.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

The city manager may issue, upon application therefor by an owner or agent, a permit extending any parking time limit set forth in this division up to, but not exceeding, 24 hours upon establishing that such permit is requested in good faith for a reasonable cause shown. The permit shall be displayed upon the vehicle, boat or trailer in such a manner as to be visible from the street.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

The city manager may issue to any person confined to a wheelchair a permit to park a light van with a permanently raised roof in a residential district without restriction, but such permit shall be issued for a time certain, subject to renewal if the confinement to a wheelchair is not permanent.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

(1)

This division is primarily for the purpose of protecting residential zoning. Therefore, any ordinances of this city or laws of this state regulating motor vehicles are in addition to this section. Wherever any provision of some other ordinance of the city or applicable statute, whether primarily for the regulation of motor vehicles or for purposes of zoning, imposes more stringent requirements or limitations than are imposed or required by the provisions of this section, then the more stringent requirements or limitations shall apply.

(2)

This division shall not be construed to limit any deed restrictions, condominium regulations or similar private limitations on land use imposing more stringent requirements or limitations than are provided herein. This division shall not be construed as creating an obligation on the city to enforce private limitations on land use.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

(1)

Any person who violates any provision of this division shall be punished by a fine not in excess of $100.00 or, for a second or subsequent violation, by such fine or by imprisonment for not more than 10 days, or by both such fine and imprisonment.

(2)

For purposes of section 28-1508(c) and (d), it shall be presumed that a vehicle, boat or trailer is parked continuously from the time the vehicle, boat or trailer is first observed to the time of last observation, provided there is at least 1 additional observation not less than 2 hours from the first and last observation.

(Ord. No. 419, § 1, 8-11-59; Ord. No. 775, § 1, 5-28-63; Ord. No. 869, § 1, 7-7-64; Ord. No. 1021, § 1, 10-26-65; Ord. No. 1215, § 1, 5-23-67; Ord. No. 2458, § 1, 1-24-78; Ord. No. 2779, §§ 1, 2, 8-13-80; Ord. No. 3255, § 1, 10-25-83)

(1)

In approved subdivisions, a builder or developer shall be permitted to maintain model homes; and each builder or developer may maintain 1 sales office in such model home. Prior to the model home being built, a trailer may be erected which shall be used as a sales office for a period not to exceed 12 months. After 12 months, the sales office shall only be placed in a model home and the sales trailer shall be removed. As a condition precedent to such use as a model home or sales office, it is necessary that the following conditions exist:

(a)

That 2 or more vacant lots are available for construction in the subdivision;

(b)

That 4 parking spaces per model or sales office are provided;

(c)

That the model homes and/or sales offices are maintained in a neat and orderly fashion at all times;

(d)

That such models or sales offices shall not be used for the purpose of negotiating or consummating sales concerning areas outside the subdivision, and all model homes or sales offices not in compliance with the requirements of this subsection are prohibited;

(e)

Review by the community appearance board shall be required for sales trailers.

(2)

In areas for which formal approval has been granted for the development of cooperative apartments, condominiums and apartment buildings, it is permissible to maintain on the premises model units and 1 sales office per development, provided that the sales office shall not be used for the purpose of negotiating or consummating sales concerning areas outside the development. When the development has achieved 100 percent occupancy, all sales operations and models on the premises shall be discontinued; and all models or sales offices not in compliance with the requirements in this subsection are prohibited.

(Ord. No. 1200, § 1, 2-14-67; Ord. No. 3927, § 1, 5-14-91)

Editor's note— Ord. No. 5615, § 2, adopted July 26, 2022, repealed § 28-1532, which pertained to outdoor display of merchandise and derived from Ord. No. 1216, § 1, adopted May 23, 1967; and Ord. No. 3616, § 1, adopted April 28, 1987.

(1)

Home-based businesses may be allowed as an accessory use to any principal residential use, subject to the requirements set forth in this section.

(2)

Certificate of use and business tax receipt required. It shall be a violation of this Code for any person to conduct a home-based business without obtaining a certificate of use and a business tax receipt therefor issued by the city. The development services department of the city may impose reasonable conditions upon a certificate of use issued for a home-based business for the purpose of ensuring compliance with the standards set forth in subsection (3) below.

(3)

Standards. Prior to issuance of a certificate of use and as continuing operational standards, home-based businesses shall comply with the following:

(a)

No person shall be employed in a home-based business who is not a permanent domiciliary resident of the dwelling unit in which the home-based business exists, except that up to a total of 2 employees or independent contractors of the home-based business who do not reside at the residential dwelling may work at the property on which the home-based business is located. The home-based business may also have additional remote employees that do not work at the property on which the home-based business is located.

(b)

To ensure that the activities of the home-based business are secondary to the property's use as a residential dwelling, the floor area within a dwelling unit devoted to a home-based business shall not exceed 25 percent of the gross floor area of the dwelling unit excluding porches, garages, carports, and other areas which are not considered living area.

(c)

Uses and activities directly related to the operation of a home-based business shall occur entirely within the dwelling unit, excluding accessory structure(s) such as garages, carports and sheds; provided, however, that incidental business uses and activities may be conducted on other portions of the property on which the home-based business is located.

(d)

There shall be no external evidence of the existence of a home-based business within a dwelling unit. As viewed from the street, the use of the residential property for the home-based business shall be consistent with the uses of the residential areas that surround the property. Any external modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. Signage shall be governed by chapter 24. Outdoor storage, and outdoor display or sale of any goods or merchandise, are prohibited.

(e)

No goods of any kind shall be sold or physically transferred to a customer, consumer or client on the premises of a home-based business. Home-based business transactions that do not involve the sale or physical transfer of any goods shall only be conducted from within the residential dwelling.

(f)

A home-based business shall not create noise, vibration, glare, heat, fumes, noxious odors, dust, smoke or electro-magnetic disturbances. No equipment or processes shall be used which create visual or audible interference in any radio or television receiver located nearby. All applicable Code requirements or limitations with respect to noise, vibration, glare, heat, fumes, noxious odors, dust, smoke or electro-magnetic disturbances that are applicable to residential uses in the applicable zoning district shall also be applicable to the home-based business. No chemicals or chemical equipment shall be used, except those that are used for domestic or household purposes.

(g)

Parking related to the business activities of home-based businesses shall comply with all applicable Code requirements, and the need for parking generated by the home-based business may not be greater in volume than would normally be expected at a similar residence where no business is conducted.

(h)

The City shall have the right reasonably to inspect the premises upon which the home-based business is conducted to ensure compliance with the foregoing standards, and to investigate any complaints.

(4)

Violation of standards or conditions deemed a Code violation. Failure by a home-based business to comply with the standards of this section and with the conditions imposed by the development services department shall be deemed a violation of this Code and may result in a suspension or termination of the certificate of use.

(5)

Appeals. An applicant for a certificate of use whose application is denied for failure to meet the standards set forth in this section, who objects to any conditions imposed by the development services department, or whose certificate of use for a home-based business is suspended or terminated, may appeal the reasonableness of such action to the planning and zoning board, which may affirm the decision of the development services department, may direct that the certificate of use be issued with or without conditions, or may modify, add to or delete the imposed conditions. Any such appeal shall be processed in accordance with the procedures and requirements set forth in section 28-10.

(Ord. No. 4127, § 13, 11-9-93; Ord. No. 4170, § 28, 9-27-94; Ord. No. 5030, § 13, 4-8-08; Ord. No. 5279, § 1, 9-9-14; Ord. No. 5437, § 9, 1-23-18; Ord. No. 5615, § 2, 7-26-22; Ord. No. 5642, § 27, 1-10-23)

Editor's note— Ord. No. 5615, § 2, adopted July 26, 2022, amended § 28-1533 and in doing so changed the title of said section from "Home occupations" to "Home-based businesses," as set out herein.

In all business districts, except as hereinafter set out, there shall be a rear yard of not less than 10 feet in depth, all or part of which may be supplied by an alley as specified in section 28-1294.

(Ord. No. 253, § 3.29, 2-28-56; Ord. No. 366, § 1, 1-13-59; Ord. No. 391, § 1, 6-9-59; Ord. No. 1430, § 1, 5-26-70)

Cross reference— Business and commercial districts, § 28-701 et seq.; commercial districts, § 28-871 et seq.

In all B-1, B-2, B-3, B-4 and C-1 districts, every plot shall be provided with a yard not less than 10 feet in depth adjacent to all streets upon which the plot abuts, provided that the street yards so required along the west side of N.E. 2nd Avenue, between N.E. 2nd Street and N.E. 6th Street, shall not be less than 25 feet in depth and the street yard on the south side of N.E. 20th Street between the alley west of Tract 1 of Winfield Park Subdivision and Dixie Highway shall be not less than 50 feet in depth.

(Ord. No. 253, § 3.30, 2-28-56)

Cross reference— Business and commercial districts, § 28-701 et seq.

(1)

For the purpose of assuring sufficient space between the street fronts of buildings and structures to provide adequately for natural light, circulation of air, protection from fire and conflagration, and access for firefighting apparatus; to facilitate provisions for traffic, transportation and circulation; and to promote increased safety, health and general welfare, minimum building lines are hereby established from which all front or street side yards required by this chapter are to be measured and determined, and beyond which no building, structure or part thereof, excepting balconies, marquees and the like, shall be erected, structurally altered, enlarged or extended. Such minimum building line shall be located as indicated for each of the following enumerated streets, and for all other streets in the city the minimum building line shall be located 25 feet from the centerline. The centerline shall be determined and established by the city's civil engineer, except that where the existing street lines provide a street width equal to or greater than 50 feet, then such existing street lines shall constitute and be the minimum building lines from which all required front or street side yards are to be measured.

(2)

When establishing special setback lines, it shall be the duty of the director of development services and the city civil engineer to furnish the city clerk with a sketch of the property involved in the setback. The city clerk shall notify the owners of the affected property by certified mail at least 15 days prior to the public hearing on the ordinance effecting the special setback.

(Ord. No. 253, § 3.31, 2-28-56; Ord. No. 1296, § 1, 6-18-68; Ord. No. 4122, § 66, 9-28-93)

On the Dixie Highway between East Palmetto Park Road and East 20th Street, building setback lines shall be 50 feet measured parallel and easterly from the east right-of-way line of the F.E.C. R.R. from the north side of Palmetto Park Road to the north lot line of lot 39, block 3, Bocaratone Land Company Development as shown on plat thereof in plat book 10, page 24, thence intersecting with a setback line 100 feet north of the north lot line of lot 39, block 3, Bocaratone Land Company Development; such setback line measured easterly 80 feet and parallel to east right-of-way line of F.E.C. R.R. shall apply to all zoning districts other than residential districts. This setback line in residential districts shall be an additional 15 feet, easterly of the aforesaid 80-foot setback lines, making the setback line in all residential districts 95 feet easterly and parallel to the F.E.C. R.R. right-of-way.

(Ord. No. 325, § 1, 4-8-58)

In all business areas on the A-1-A Highway, the minimum building line setback shall be 13 feet.

(Ord. No. 321, § 1, 4-8-58)

(1)

This section shall be known as the coastal construction setback ordinance.

(2)

For the purposes of this section, the following words and phrases shall have the meanings set forth below:

"Excavation" shall mean removal of soil, sand or vegetation by the process of digging, scooping or hollowing out.

"Mean high water" shall mean the average height of the high water over a 19-year period; or for shorter periods of observations, the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value. This height shall be established in accordance with F.S. ch. 177, part II.

"Mean high-water line" shall mean the intersection of the tidal plane of mean high water with the shore.

"Motor vehicle" shall mean any self-propelled wheeled conveyance.

"Structure" shall mean anything constructed or erected, the use of which requires a fixed location on the ground or attached to something having a fixed location on the ground, including, but not limited to, billboards, fences, radio towers or types of construction with interior surfaces not normally accessible for human use.

(3)

The city hereby adopts the county coastal construction control line as established by the department of environmental protection, as specified under F.S. § 161.053, and recorded in the public records of the county in plat book 80, pages 137 through 155. Seaward of the established coastal construction control line no person shall:

(a)

Construct any structure whatsoever;

(b)

Make any excavation;

(c)

Remove any beach materials or otherwise alter existing ground elevations;

(d)

Drive any motor vehicle on or over or cross any sand dune, or damage or cause to be damaged such sand dune or the vegetation growing thereon.

Where a dune extends landward from the aforesaid setback line, appropriate measures shall be taken to restabilize the dune system pursuant to specifications approved by the city manager, in order to protect the integrity of the dune. Nothing herein shall prevent official motor vehicles of any government agency from traversing any sand dune in the performance of official governmental duties.

Modifications to the native dune ecosystem including, but not limited to: vegetation removal, revegetation, maintenance or pruning shall require approval of a dune vegetation management plan by the environmental advisory board subject to the notice provisions of section 28-1556(4)(b), Code of Ordinances, and consideration of the criteria and standards provided in Code of Ordinances, chapters 20 and 27. The environmental advisory board shall make the final determination of approval, approval with conditions or denial of any such dune management plan, which determination shall be subject to appeal to the city council, which appeal shall be processed in accordance with the procedures and requirements set forth in section 28-10. The community appearance board shall provide a written recommendation to the environmental advisory board prior to the final determination by the environmental advisory board.

(4)

Variances.

(a)

An application for a variance from the requirements of this section shall be processed in accordance with the procedures and requirements set forth in section 28-9. Additionally, the application shall include the reason for which the variance is sought and a survey of the property, prepared by a land surveyor registered in the state, made no longer than 60 days prior to the application which shows the property in plain view and profile. The profiles shall run easterly from the westerly edge of the property offshore to an elevation of minus 14 feet, United States Coast and Geodetic Survey Mean Sea Level Datum; and the profiles shall be made at no greater distance than 100 feet apart. The profiles shall also show the location of the mean high-water line, the vegetation line, the county coastal construction control line and the construction for which the variance is being requested.

(b)

Each application shall be submitted to the city manager for review. Upon completion of the review pursuant to the procedures set forth in section 28-9, the city manager shall place an appropriate resolution before the city council to be considered at a public hearing. Notice of the public hearings shall be provided as set forth in section 28-8.

(5)

In the consideration of whether to grant a variance, the city council shall determine whether the application meets the criteria and standards set forth in section 28-127(3) and, in making the determination, shall consider the following:

(a)

The recommendation of the city manager.

(b)

The comments of interested parties in the general public.

(c)

The engineering data submitted by the applicant.

(d)

All other relevant data.

In addition, subsections 28-127(6) and (8), pertaining to imposition of conditions and expiration periods, respectively, shall be applicable to a variance granted pursuant to this section.

(6)

This section shall not apply to projects which have been determined by the city manager to be desirable for the stability of the beach or dune, or necessary in cases of emergency to protect existing structures or to stabilize eroded bluff lines, or necessary for the protection of the health and safety of persons using the beach.

(7)

The provisions of this section shall not apply to existing structures; however, any such existing structures shall not be materially altered by any construction, excavation or building which has an adverse effect upon the control of beach erosion, hurricane protection, coastal flood control, and coastal preservation and restoration.

(Ord. No. 1819, § 1, 8-7-73; Ord. No. 2165, §§ 1-4, 5-20-75; Ord. No. 2314, §§ 1-4, 11-30-76; Ord. No. 3014, § 1, 11-10-81; Ord. No. 4592, § 1, 8-28-01; Ord. No. 4978, § 5, 5-8-07; Ord. No. 5194, § 1, 2-14-12; Ord. No. 5437, § 10, 1-23-18; Ord. No. 5600, § 24, 10-26-21; Ord. No. 5642, § 28, 1-10-23)

A minimum building setback line is hereby established along Palmetto Park Road from Northwest 9th Avenue easterly to Federal Highway as follows:

The building setback line shall be the minimum required yard distance required in the particular zone area adjacent to the right-of-way line of a proposed 100-foot right-of-way for Palmetto Park Road. The centerline of the proposed 100-foot right-of-way for Palmetto Park Road is more particularly described as follows:

Beginning at a point on the west line of and 10 feet north of the southwest corner of section 19, township 47 south, range 43 east runs S 89°31′00″ E, parallel to and 10 feet north of the south line of section 19, a distance of 1170.02 feet to the beginning of a curve to the left, thence northeasterly on such curve, having a central angle of 02°55′55″ and a radius of 1909.86 feet, a distance of 97.73 feet to a point of reverse curve, thence southeasterly on a curve to the right, having a central angle of 02°55′55″ and a radius of 1909.86 feet, a distance of 97.73 feet to the end of such curve and a point 15 feet north of the south line of section 19, thence S 89°31′00″ S, parallel to and 15 feet north of the south line of section 19 a distance of 1346.59 feet to a point, on the north-south ¼ section line and 15 feet north of the south quarter corner of section 19, thence S 89°28′08″ E, a distance of 55.13 feet to the beginning of a curve to the right, thence southeasterly on such curve, having a central angle of 05°04′46″ and a radius of 1909.86 feet, a distance of 169.33 feet to a point of reverse curve, thence southeasterly on a curve to the left, having a central angle of 05°04′46″ and a radius of 1909.86 feet, a distance of 169.33 feet to a point on the south line of and 393.18 feet east of the south quarter corner of section 19, thence S 89°28′08″ E along the south line of section 19 a distance of 2345.89 feet to the southeast corner of section 19 (southwest corner of section 20, township 47 south, range 43 east), thence S 89°24′43″ E along the south line of section 20 a distance of 421.77 feet to the centerline of Federal Highway.

(Ord. No. 843, § 1, 5-5-64)

The building setback line shall be a minimum of 35 feet measured from the centerline of the proposed extension of N.E. 1st Avenue northward to N.E. 3rd Court, Bocaratone Land Company Development as recorded in plat book 10, page 24 of the public records of the county.

(Ord. No. 489, § 1, 1-12-60)

On South Dixie Highway between East Palmetto Park Road and Hillsboro Canal (Broward County line) building setback lines shall be 105 feet measured parallel and easterly from the east right-of-way line of the F.E.C. R.R. in all residentially zoned districts or 90 feet measured parallel and easterly from the east right-of-way line of the F.E.C. R.R. in all districts other than residential districts, except that the building setback between S.E. 1st Street and S.E. 3rd Street, presently zoned C-1, shall be 50 feet measured parallel and easterly from the east right-of-way line of the F.E.C. R.R.

(Ord. No. 501, § 1, 3-8-60)

The minimum building line for Lots 13 through 24, Block 6, Long's Map of Bocaratone as recorded in plat book 6, page 7 of the county shall be 35 feet measured from the centerline of East Royal Palm Road, as established by Long's Map of Bocaratone, plat book 6, page 7.

(Ord. No. 551, § 1, 6-28-60)

The building setback along the west side of N.E. 5th Avenue (formerly 1st Avenue) between E. Palmetto Park Road and N.E. 2nd Street shall be 55 feet measured westerly at right angles to the centerline of N.E. 5th Avenue as shown on plats of Boca Rosa Heights recorded in the county records, plat book 22, page 62 and J. McL. Stevens Addition to Boca Raton, plat book 6, page 33, except lot 24 of J. McL. Stevens Addition to Boca Raton, plat book 6, page 33, the building setback for lot 24 of J. McL. Stevens Addition to Boca Raton, plat book 6, page 33, shall be 50 feet measured westerly at right angles to the centerline of N.E. 5th Avenue (formerly 1st Avenue) as shown on the aforementioned plat of J. McL. Stevens Addition to Boca Raton, and the building setback along the east side of N.E. 5th Avenue (formerly 1st Avenue) between E. Palmetto Park Road and N.E. 2nd Street shall be 65 feet measured easterly at right angles to the centerline of N.E. 5th Avenue as shown on lots of Kinney & Gates Subdivision No. 2 recorded in the county records plat book 6, page 62 and Harris Addition to the Town of Boca Raton, plat book 12, page 60, except lot 6 of Harris Addition to the City of Boca Raton, plat book 12, page 60, the building setback for lot 6 of Harris Addition to the City of Boca Raton plat book 12, page 60, shall be 50 feet measured easterly at right angles to the centerline of N.E. 5th Avenue (formerly 1st Avenue) as shown on the aforementioned plat of Harris Addition to the City of Boca Raton.

(Ord. No. 552, § 1, 6-28-60)

The minimum building setback line, for lots 9, 10, 11 and 12, block 8 and lots 1 and 2, block 9 of Long's Map of Bocaratone, as filed and recorded in plat book 6, page 7 of the county, shall be 55 feet measured at right angles from the centerline of Royal Palm Road as shown on the aforementioned recorded plat of Long's Map of Bocaratone.

(Ord. No. 592, § 1, 12-27-60)

The minimum building setback lines along the east and west sides of N.E. 2nd Avenue from Boca Raton Road to East Palmetto Park Road and along the east and west sides of S.E. 2nd Avenue from East Palmetto Park Road to a point 165 feet south of Royal Palm Road (measured from the intersection) as filed and recorded in plat book 6, page 7 of the records of the county, shall be 40 feet measured from the centerline and at right angles to the centerline of the avenue as shown in the recorded plat of Long's Map of Bocaratone.

(Ord. No. 595, § 1, 1-10-61)

Building setback lines for N.E. 51st Street (Yamato Road) lying between State Road No. 5 (Federal Highway) and the Intracoastal Waterway is hereby established as being 78 feet north and 78 feet south measured at right angles to the north boundary line of sections 8 and 9, township 47 south, range 43 east, such north boundary line being the centerline of the street.

(Or d. No. 645, § 1, 5-31-61)

Building setback line along the west side of Northwest 9th Avenue between Perriwinkle Street and West Palmetto Park Road, is hereby established at 35 feet west of the east boundary line of section 24, township 47 south, range 42 east.

(Ord. No. 742, § 1, 1-8-63)

Building setback line along the east side of N.W. 1st Avenue, from N.W. 7th Street to N.W. 11th Street is hereby established at 35 feet easterly from the east right-of-way line of N.W. 1st Avenue.

(Ord. No. 713, § 1, 9-25-62)

Building setback line along the proposed northerly extension of N.W. 1st Avenue from N.W. 20th Street shall be established at 10 feet measured westerly from the east lot line of lots 1 through 8, inclusive of the Twentieth Street Industrial Center as recorded in plat book 26, page 195 and lot 3, block 20, Boca Raton Hills, section 2, as recorded in plat book 23, page 101, public records of the county.

(Ord. No. 714, § 1, 9-25-62)

Minimum building setback line of 35 feet measured at right angles north and south from the centerline of S.E. 3rd Street, between Dixie Highway and Federal Highway, as shown on the plats of South East Coast Land Company, plat 1, plat book 9, page 60 and Spanish River Land Company, plat A, plat book 16, pages 27 and 28, public records of the county, is hereby established.

(Ord. No. 749, § 1, 2-26-63)

A minimum building setback line is hereby established along Jeffery Street from the east right-of-way line of the Florida East Coast Railway easterly to Sherwood Road (now known as N.E. 7th Avenue) as follows: The building setback line shall be the minimum required yard distance in the particular zoned area adjacent to the right-of-way line of a proposed 100-foot right-of-way for Jeffery Street; the centerline of the proposed 100-foot right-of-way for Jeffery Street being 50 feet each side of the east-west quarter section line of section 5-T47S-R43E.

(Ord. No. 1087, § 1, 3-29-66)

A minimum building setback line is hereby established a distance of 30 feet east of and parallel to the east right-of-way line of North Federal Highway as shown on state road department Section No. 93010-2202, State Road No. 5, Palm Beach County, between N.E. 6th Street and N.E. 20th Street and 30 feet west of and parallel to the west right-of-way line of North Federal Highway as shown on state road department Section No. 93010-2202, State Road No. 5, Palm Beach County, between N.E. 8th Street and N.E. 20th Street.

(Ord. No. 1088, § 1, 3-29-66)

A minimum building setback line is hereby established along North Dixie Highway, from N.E. 51st Street north approximately 660 feet, as follows: The building setback line shall be the minimum required yard distance required in the particular zoned area adjacent to the right-of-way line of a proposed 100-foot right-of-way for North Dixie Highway. The centerline of the proposed 100-foot right-of-way for North Dixie Highway is more particularly described as follows:

Beginning at a point on the south line of, at a distance of 6.96 feet on a bearing of S 89°38′42″ W, from the south quarter corner of section 5, township 47 south, range 43 east; thence run N 08°5′22″ E, a distance of 374.95 feet to the beginning of a curve to the right; thence northeasterly on the curve, having a central angle of 08°36′30″ and a radius of 1,909.86 feet, a distance of 286.85 feet to the end of the curve; thence N 16°41′52″ E, a distance of 16.10 feet to a point of intersection with the north line of the SW¼ of the SW¼ of the SE¼ of section 5 and the end of the above-described centerline, the point of intersection being a distance of 111.37 feet N 89°35′17″ E from the northwest corner of the SW¼ of the SW¼ of the SE¼ of section 5.

(Ord. No. 1294, § 1, 6-18-68)

A minimum building setback line is hereby established along North Dixie Highway from Newcastle Street to Jeffery Street, as follows: The building setback line shall be the minimum required yard distance required in the particular zoned area adjacent to the right-of-way line of proposed 100-foot right-of-way for North Dixie Highway. The centerline of the proposed 100-foot right-of-way for North Dixie Highway is more particularly described as follows:

Beginning at a point of intersection of a curve concave to the northwest, having a tangent bearing of N 04°46′20″ E through such point, and the north line of the S½ of the SE¼ of section 5, township 47 south, range 43 east, such point being 406.04 feet on a bearing of S 89°33′02″ W from the centerline of Nottingham Road as shown on the plat of Delray Manors, Third Addition, as recorded in plat book 8, page 52, public records of the county; thence run northeasterly on the curve having a central angle of 16°46′40″ and a radius of 1,909.86 feet, a distance of 161.74 feet through an angle of 04°51′08″ to the end of such curve; thence N 00°04′48″ W on a line that is parallel to and 5.00 feet easterly from, when measured at right angles to, the east line of blocks D and C of Yamato Amended Plat No. 3 as recorded in plat book 8, page 52, of the public records of the county, to a point on the north line of the SE¼ of aforesaid section 5, such point being a distance of 397.78 feet S 89°27′50″ west of the centerline of Nottingham Road as shown on the aforesaid plat of Delray Manors, Third Addition.

(Ord. No. 1294, § 2, 6-18-68)

A minimum building setback line is hereby established along North Dixie Highway from Jeffrey Street to C-15 Canal, as follows: The building setback line shall be the minimum required yard distance required in the particular zoned area adjacent to and east of the proposed future east right-of-way line for North Dixie Highway. The proposed east right-of-way line for North Dixie Highway is more particularly described as follows:

Beginning at a point on the south line of and 2.16 feet on a bearing of N 89°28′25″ E from the southwest corner of lot 1, block 5, Delray Manors, according to the plat as recorded in plat book 10, page 25, public records of the county, such point being at the intersection with a curve concave to the southeast, having a tangent bearing of N 02°38′59″ E through such point; thence northeasterly on the curve, having a central angle of 08°12′15″ and a radius of 1,859.86 feet, a distance of 176.58 feet through an angle of 05°26′23″ to the end of the curve; thence N 08°05′22″ E on a line that is parallel to and 80.00 feet easterly from, when measured at right angles to, the east right-of-way line of the Florida East Coast Railway, to its intersection with the south right-of-way line of the C-15 Canal (Hidden Valley Canal).

(Ord. No. 1294, § 3, 6-18-68)

A minimum building setback is hereby established along proposed N.W. 13th Street from N.W. 9th Avenue westerly to N.W. 15th Avenue as follows: The building setback line shall be the minimum required yard distance required in the particular zoned area adjacent to the right-of-way of a proposed 100-foot right-of-way for proposed N.W. 13th Street. The centerline of the proposed 100-foot right-of-way for N.W. 13th Street is more particularly described as follows:

Commencing at the northeast corner of section 24, township 47 south, range 42 east, run south, along the east line of section 24, such line also being the centerline of N.W. 9th Avenue, a distance of 1,385.92 feet to a point of intersection with proposed N.W. 13th Street, such point being the point of beginning; thence N 88°18′18″ W a distance of 1,807.24 feet to a point of intersection with proposed N.W. 12th Avenue; thence N 89°58′08″ W a distance of 1,185.85 feet to the beginning of a curve concave to the northeast; thence northwesterly on the curve having a central angle of 12°07′55″ and a radius of 1,909.86 feet an arc distance of 404.40 feet to the end of the curve; thence N 77°50′13″ W a distance of 267.03 feet to the intersection of the centerline of N.W. 15th Avenue and N.W. 13th Street as shown on Country Club Village, Unit D, according to the plat as recorded in plat book 28 at page 122 of the public records of the county.

(Ord. No. 1302, § 1, 7-16-68)

A minimum building setback line is hereby established along proposed N.W. 12th Avenue from N.W. 8th Street northerly to the north line of section 24, township 47 south, range 42 east as follows: The building setback line shall be the minimum required yard distance required in the particular zoned area adjacent to the right-of-way of a proposed 100-foot right-of-way for proposed N.W. 12th Avenue. The centerline of the proposed 100-foot right-of-way for N.W. 12th Avenue is more particularly described as follows:

Commencing at the center of section 24, township 47 south, range 42 east run S 88°32′15″ E, along the south line of the NE¼ of such section, a distance of 1,012.56 feet to the centerline of N.W. 12th Avenue; thence north along such centerline a distance of 243.69 feet to a point of intersection with N.W. 8th Street, such point being the point of beginning; thence continue north a distance of 65.00 feet to the beginning of a curve to the left; thence northwesterly on the curve having a central angle of 08°57′43″ and a radius of 1,909.86 feet, an arc distance of 298.73 feet to the end of the curve; thence N 08°57′43″ W a distance of 362.75 feet to the beginning of a curve to the right; thence northeasterly on the curve having a central angle of 09°00′45″ and a radius of 1,909.86 feet an arc distance of 300.42 feet to the end of the curve; thence N 00°03′02″ E a distance of 81.23 feet to a point of intersection with proposed N.W. 13th Street; thence continue N 00°03′02″ E a distance of 1,343.25 feet to a point on the north line of section 24, such point being 1,806.26 feet on a bearing of N 88°04′20″ W from the northeast corner of section 24.

(Ord. No. 1302, § 2, 7-16-68)

A minimum building setback line is hereby established along proposed N.E. 2nd Street between North Dixie Highway and N.E. 2nd Avenue as follows: The building setback line shall be the minimum required yard distance required in the particular zoned area adjacent to the right-of-way of a proposed 80-foot right-of-way for proposed N.E. 2nd Street. The centerline of the proposed 80-foot right-of-way for N.E. 2nd Street is more particularly described as follows:

Beginning at a point of intersection of the west line of lot 47, block 3, Bocaratone Land Company's Development, according to the plat as recorded in plat book 10, page 24, of the public records of the county, and a line that is parallel to and 40.00 feet southerly of, when measured at right angles to, the north line of lot 47 and lot 27 of block 3; thence run easterly on the parallel line to an intersection with the east right-of-way line of North Federal Highway, such right-of-way line being parallel to and 17.00 feet easterly of, when measured at right angles to, the west line of lots 7 and 12, block 1, and lots 14 through 26, block 3 of the Bocaratone Land Company's Development and the point of intersection being 40.00 feet southerly of, when measured at right angles to, the north line of lot 26 of block 3; thence northeasterly to an intersection with the west line of lot 12 extended, of J. R. Campbell's Subdivision as recorded in plat book 5, page 61, of the public records of the county, and a line that is 30.00 feet northerly of, when measured at right angles to, the north line of lots 1 through 12 of such subdivision; thence easterly to the centerline of N.E. 2nd Avenue and the end of the above-described centerline.

(Ord. No. 1458, § 1, 8-4-70)

A minimum building setback line is hereby established along S.W. 18th Street from Montezuma Road easterly to S.W. 8th Avenue as follows: The building setback lines shall be the minimum required yard distance required in the particular zoned area adjacent to the right-of-way line of a proposed 108-foot right-of-way for S.W. 18th Street, being 54 feet each side of the centerline of the 80-foot dedicated right-of-way for Florida Avenue (now known as S.W. 18th Street) and its extension through Central Square according to the Palm Beach Farms Company plat no. 10 of North Deerfield as recorded in plat book 6, pages 12, 13 and 14, and Palm Beach Farms Company plat no. 11 as recorded in plat book 7, page 44, public records of the county, and/or 18th Avenue (being the same as Florida Avenue of Palm Beach Farms plat no. 10) according to Mizner plat no. 9 of Hillsboro Park, as recorded in plat book 14, pages 5, 6 and 7, public records of the county.

(Ord. No. 1503, § 1, 11-24-70)

A minimum building setback line is hereby established along S.W. 12th Avenue (Juana Road) from S.W. 17th Street to S.W. 19th Street as follows: The building setback lines shall be the minimum required yard distance required in the particular zoned area adjacent to the right-of-way line of a proposed 100-foot right-of-way for S.W. 12th Avenue, being 50 feet each side of the centerline of the 80-foot dedicated right-of-way for 6th Street (now known as 12th Avenue) and its extension through Central Square, according to the Palm Beach Farms Company plat no. 10 of North Deerfield, as recorded in plat book 6, page 13 of the public records of the county, and/or Juana Road (being the same as 6th Street of Palm Beach Farm plat no. 10), according to Mizner Plat No. 9 of Hillsboro Park, as recorded in plat book 14, pages 6 and 7, of the public records of the county.

(Ord. No. 1504, § 1, 11-24-70)

(1)

Swimming pools shall be permitted as an accessory use in all districts. In subdivisions of record after November 15, 1966, pools shall be constructed no closer than 25 feet to any property line fronting on a street or 10 feet to an interior property line. Where a rear yard abuts a waterway, a pool may extend to within 5 feet of the seawall. Any pool to be constructed within 20 feet of an existing seawall shall be designed by a state-registered engineer. For corner plots in subdivisions of record as of November 15, 1966, the pool front yard setback shall be 25 feet, and the pool setback shall be 15 feet from the additional street frontage and 10 feet from any interior property line. No pool or any portion thereof shall be constructed within an easement.

(2)

Screen enclosures enclosing swimming pools or other accessory uses shall be erected to conform to section 28-1359. Such screen enclosures, if attached to the principal residence or building, shall not be considered as an accessory building for purposes of lot coverage. Screen enclosures enclosing swimming pools or other accessory uses, where attached to the principal building, shall be permitted no closer to the front property line than the principal buildings.

(Ord. No. 790, § 1, 10-1-63; Ord. No. 1164, § 1, 11-15-66; Ord. No. 1239, § 2, 8-22-67; Ord. No. 2301, § 4, 10-12-76; Ord. No. 3206, § 2, 5-24-83; Ord. No. 3305, § 2, 4-10-84)

A 10-foot yard setback is hereby established for all residential single-family plots whose rear yards abut the Hillsboro Canal and are situated west of the east right-of-way line of Gonzalo Road and east of Interstate 95.

(Ord. No. 4070, § 1, 1-26-93)

Telecommunication system facilities and belowground relay facilities used as a part of a regulated utility service may be permitted as a conditional use in any zoning district, subject to the approval of the city council and the approval of a site plan by the planning and zoning board, after advisory review and recommendation by the community appearance board, and subject to the following minimum requirements:

(a)

Plot size. A plot containing any such facilities shall be exempt from minimum plot size requirements of the underlying zoning district regulations; however, if the plot does not meet the minimum plot size requirements of the underlying zoning district regulations, an instrument acceptable in form to the city attorney, which provides that the substandard plot shall be combined with its parent parcel upon the discontinuation of the use of the plot for such purpose for a period of 6 months, shall be fully executed prior to conditional use approval and recorded in the official records of the county immediately thereafter.

(b)

Location. No 2 plots containing any such facilities shall be located within 200 feet of each other, measured from the nearest points on the plot perimeters.

(c)

Floor area and height. Any such facility shall be contained within a building having a gross floor area of less than 500 square feet, and a height of 25 feet or less.

(d)

Front, side and rear yards. All yards shall be provided as required by the underlying zoning district regulations.

(e)

Landscaping. Landscaping shall be provided and maintained in such a manner that, within 1 year after issuance of a certificate of occupancy, the structure shall not be noticeable from any adjoining or adjacent property. All belowground facilities shall be bermed, sodded and landscaped. All landscaping shall be in accordance with landscape plans approved pursuant to all applicable landscaping requirements set forth in this Code.

(f)

Architectural features. The architectural style, building materials, exterior features and height shall be similar or compatible with the style and character of the surrounding properties, and shall be consistent with the applicable criteria set forth in section 2-129 and section 2-130.

(g)

Nonconforming sites. Where a telecommunication system building in existence on the effective date of this section, or its plot, does not meet the provisions of this section, the use may not be expanded or altered until the building or plot complies with all provisions of this section.

(h)

Parking. Short-term maintenance or emergency parking shall be on a grassed area or at curbside. No paved parking spaces shall be provided within the plot.

(Ord. No. 3297, § 1, 3-20-84; Ord. No. 5706, § 50, 10-22-24)

It is the intent and purpose of this article to regulate the location and separation of adult entertainment uses, also referred to herein as a "regulated use" (as defined in section 28-2) which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near properties zoned, planned or developed with incompatible uses, thereby having a deleterious effect upon the adjacent areas. This division and division 12.1 has neither the purpose nor the effect of limiting or restricting access by adults to sexually oriented, non-obscene materials protected by the First Amendment, or denying access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent of the city to legislate with respect to matters of obscenity. These matters are regulated and preempted by state law.

(Ord. No. 4882, § 2, 8-9-05)

No regulated use shall be established, operated or maintained within the city except on property zoned M-3 or W-1 . No regulated use shall be established, operated or maintained in any zoning district within the city other than those specifically enumerated herein. The zoning district regulations for any other zoning district shall not be construed to permit the establishment, operation or maintenance of any regulated use. In no event shall a regulated use be established, operated or maintained within the city in which a person shall be allowed to expose to public view less than completely and opaquely covered human genitals, the pubic region, or the cleavage of the human buttocks. Adult mini-motion picture theaters are prohibited. Adult entertainment establishments may have accessory uses that are incidentally and customarily associated with the principal adult entertainment establishment use. Furthermore, no regulated use shall be established, operated or maintained within the city unless said regulated use is in compliance with the Code and any other local, state, or federal law.

(Ord. No. 4882, § 2, 8-9-05)

No regulated use shall be established, operated or maintained within 300 feet of:

(a)

Any other regulated use.

(b)

Property zoned as residential.

(c)

Any church or place of worship.

(d)

Any public or private school.

(e)

Any instructional school whose primary use exclusively caters to the instruction of children under the age of 18.

(f)

Any park, excluding nature parks (as described in the city's comprehensive plan).

(g)

Any urban principal arterial or collector road, as defined by the county comprehensive plan.

(Ord. No. 4882, § 2, 8-9-05)

(1)

Measurement. For the purposes of this division, all measurements of distances shall be along a straight airline route from the nearest point on the property line of any property which is regulated hereunder to the nearest point on the property line of any property or use described in section 28-1618. If the property is 1 of multiple separate but attached bays designed for separate businesses, the property line of the parcel that contains the multiple-bay structure shall be considered the property line for purposes of this measurement. Therefore, no more than 1 regulated use may be located in any 1 structure, even if that structure contains multiple, separate but attached bays designed for separate businesses.

(2)

Parking. Onsite parking may be accessible by patrons. However, all offsite parking shall be exclusively limited to valet parking only. Offsite parking serving an adult entertainment establishment shall be required to meet the location restrictions set forth in 28-1618(b), (f) and (g). Consistent with the Code parking regulations, such offsite parking shall be located only in those districts that regulated uses may be established, operated or maintained within the city.

(Ord. No. 4882, § 2, 8-9-05)

(1)

It shall be unlawful for an operator of an adult entertainment establishment to allow such establishment to remain open for business, or to allow an employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 12:00 p.m. on all days.

(2)

It shall be unlawful for an employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 12:00 p.m. on all days.

(Ord. No. 4882, § 3, 8-9-05)

(1)

No alcoholic beverages shall be sold, served, or consumed in an adult entertainment establishment.

(2)

No person or employee shall expose to public view his or her specified anatomical areas, or simulation thereof, in an establishment selling, serving, or allowing the consumption of alcoholic beverages.

(3)

No person maintaining, owning or operating an establishment selling, serving or allowing the consumption of alcoholic beverages shall allow a person or employee to expose to public view his or her specified anatomical areas, or simulation thereof, within the establishment.

(4)

No person maintaining, owning or operating an establishment selling, serving or allowing the consumption of alcoholic beverages shall allow the exposure to public view of specified anatomical areas, or the simulation thereof, within the establishment.

(5)

No person shall cause and no person maintaining, owning or operating an establishment selling, serving or allowing the consumption of alcoholic beverages shall allow the exposition of graphic representation, including pictures or projection of film, which depicts specified anatomical areas engaged in specified sexual activities, or other sexual acts prohibited by law, or simulation thereof, within the establishment.

(Ord. No. 4882, § 3, 8-9-05)

(1)

Adult theater: In addition to the general requirements for an adult entertainment establishment contained in this division, an adult theater shall comply with the following special requirements:

(a)

If the adult theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

1.

Have individual or separate seats, not couches, benches, beds, or the like, to accommodate the maximum number of persons who may occupy the area; and

2.

Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and

3.

Have a sign posted in a conspicuous place at or near each entrance way to the hall or auditorium area listing the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the auditorium area; and

4.

Have premises equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 1 foot-candle as measured at floor level; and

5.

It shall be the duty of the licensee, the owners, and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises; and

6.

Have an AIDS crisis sign visible to all patrons on the side of the door that opens and allows patrons to enter the theater.

(b)

Furnishing of adult theaters:

1.

Each adult theater subject to this division shall cover the floor of areas accessible to patrons with smooth and nonpermeable flooring material which can withstand frequent effective cleaning in accordance with paragraph (1)(c)3. Carpeting of any type is prohibited; and

2.

Each adult theater shall use smooth and non-permeable upholstery material which can withstand frequent cleaning in accordance with paragraph (1)(c)3. to cover furniture permitted by this ordinance for use of patrons; and

3.

Each adult theater shall have, in areas accessible to patrons, interior wall surfaces which can withstand frequent cleaning in accordance with paragraph (1)(c)3; and

4.

Each adult theater shall use only those shades, blinds and vertical blinds which can withstand frequent cleaning in accordance with paragraph (1)(c)3. Draperies are prohibited.

(c)

Sanitation:

1.

All areas of each adult theater which are accessible to patrons shall be maintained in a clean and sanitary condition. The surfaces of all floors, furniture, counter tops, shades, blinds, vertical blinds, doors and walls of areas accessible to patrons shall be cleaned in accordance with paragraph (1)(c)3;

2.

All floors, furniture, counter tops, shades, blinds, vertical blinds, doors and walls of areas accessible to patrons of adult theaters subject to this ordinance shall be renovated or be replaced as needed. All furniture must be kept free from holes and rips; and

3.

Any individual cleaning or sanitizing of the areas accessible to patrons shall be accomplished a minimum of 1 time each 24 hours with a 1:10 bleach solution (1 part bleach to 10 parts water), mixed daily, as recommended by the U.S. Center for Disease Control as a precaution for the prevention of transmission of the HIV virus and other diseases. A copy of the approved procedure shall be kept on file at the adult theater and a copy shall be provided to each person cleaning or sanitizing the areas accessible to the patrons. Each such individual shall certify that he or she has read and understood the procedure. Records of the sanitation performed on the premises as required herein shall be kept and maintained on the premises and posted in a conspicuous place. The signed copy of the sanitation procedure executed by each sanitation employee and the sanitation record referenced above shall be kept as a part of the records of the adult theater, and open for inspection by the applicable agencies.

(2)

Adult dancing establishment: In addition to the general requirements for an adult entertainment establishment contained in division 12 and in this division, an adult dancing establishment shall observe the following special requirements:

(a)

It shall have a stage provided for the display or exposure of specified anatomical areas by an employee to a person other than another employee consisting of a permanent platform (or other similar permanent structure) raised a minimum of 18 inches above the surrounding floor and encompassing an area of at least 100 square feet; and

(b)

The exposure by an employee of specified anatomical areas, or simulation thereof, to public view shall be restricted to the stage required above; and nonemployees or patrons shall not be allowed closer than 4 feet to the stage edge when an employee exposes those anatomical areas; and

(c)

The establishment provides 2 security officers consisting of sworn law enforcement officers or identified security personnel if the occupant capacity is less than or equal to 150 persons, and an additional sworn law enforcement officer or identified security personnel for each additional increase of occupant capacity of 100 persons. The security officers or personnel shall be granted unfettered access to all parts of the establishment in order to monitor the interior and exterior of the establishment; and

(d)

The establishment provides at least 1 responsible person under the supervision of a manager to check identification at the door to ensure that minors do not enter; and

(e)

In all areas in which a private performance shall occur:

1.

The private performance area shall be at least 100 square feet in size; and

2.

Have a permanently open entrance way not less than 7 feet wide and not less than 7 feet high, which entrance way will never be closed or partially closed by a curtain, door or other partition which would be capable of wholly or partially obscuring a person situated in the area; and

3.

Have a wall-to-wall, floor-to-ceiling partition of solid construction without holes or openings, which partition may be completely or partially transparent and which partition separates the employee from the person viewing the display; and

4.

Have, except for the entrance way, walls or partitions of solid construction without holes or openings in such walls or partitions; and

(f)

Parking. All adult dancing establishments shall offer valet parking, and shall further comply with the parking requirements of section 28-1619(2).

(g)

Sign. All adult dancing establishments shall post in a conspicuous area at least 1 sign which states that patrons may not touch employees and drugs are prohibited.

(3)

Food prohibited.

(a)

The term "food" shall mean articles used for food or drink for human consumption; articles used for components of any such article; and articles for which health claims are made (in accordance with s. 343(r) of the federal act), which claims are approved by the Secretary of the United States Department of Health and Human Services, and which are not considered drugs solely because their labels or labeling contain health claims. The term further includes, but is not limited to, any raw, cooked, or processed edible substance; any beverage (excluding water or soft drinks); or any ingredient used, intended for use, or sold for human consumption, including any such item dispensed from a vending machine.

(b)

The term "customary bar snack" means shall mean popcorn and any ready to eat non-perishable food item, commercially prepared and packaged off the premises, served without additions or preparations, that is not a potentially hazardous food. The definition of "potentially hazardous food," provided in subparagraph 1-201.10(B)(61), Food Code, 1999 Recommendations of the United States Public Health Service/Food and Drug Administration, as updated, shall be incorporated herein by reference.

(c)

No food shall be stored, prepared, served, sold or consumed in an adult entertainment establishment.

(d)

No person or employee shall expose to public view his or her specified anatomical areas, or simulation thereof, in an establishment storing, preparing, serving, selling, or allowing the consumption of food.

(e)

No person maintaining, owning or operating an establishment storing, preparing, serving, selling, or allowing the consumption of food shall allow a person or employee to expose to public view his or her specified anatomical areas, or simulation thereof, within the establishment.

(f)

No person maintaining, owning or operating an establishment storing, preparing, serving, selling, or allowing the consumption of food shall allow the exposure to public view of specified anatomical areas, or the simulation thereof, within the establishment.

(g)

No person shall cause and no person maintaining, owning or operating an establishment storing, preparing, serving, selling, or allowing the consumption of food shall allow the exposition of graphic representation, including pictures or projection of film, which depicts specified anatomical areas engaged in specified sexual activities, or other sexual acts prohibited by law, or simulation thereof, within the establishment.

(h)

Notwithstanding the foregoing, any person maintaining, owning or operating an adult entertainment establishment may sell, serve or allow the consumption of customary bar snacks on the premises.

(Ord. No. 4882, § 3, 8-9-05)

It shall be unlawful for a person to be an operator of an adult entertainment establishment which does not satisfy all of the requirements of division 12 of article XV, chapter 28, Code of Ordinances.

(Ord. No. 4882, § 3, 8-9-05)

It shall be unlawful for an operator of an adult entertainment establishment to knowingly, or with reason to know, allow an employee:

(1)

To engage in a lap dance with a person at the establishment; or

(2)

To contract or otherwise agree with a person to engage in a lap dance with a person at the establishment; or

(3)

To contract or otherwise agree with a person to engage in specified sexual activity at the establishment; or

(4)

To display or expose a specified anatomical area while simulating a specified sexual activity with another person at the establishment, including with another employee; or

(5)

To allow a person, excluding another employee, to touch a portion of the clothed or unclothed body of the employee below the neck and above the knee, excluding that part of the employee's arm below the wrist, referred to as the hand; or

(6)

To engage in a private performance unless such employee is in an area that complies with the special requirements set forth in section 28-1620.3(2); or

(7)

To intentionally touch the clothed or unclothed body of a person at the adult entertainment establishment, excluding another employee, at a point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, referred to as the hand.

(8)

To display or expose at the establishment a specified anatomical area unless such employee is continuously positioned away from a person other than another employee, and unless such employee is in an area as described in section 28-1620.3(2); or

(Ord. No. 4882, § 3, 8-9-05)

It shall be unlawful for an employee of an adult entertainment establishment:

(1)

To engage in a lap dance with a person at an establishment; or

(2)

To contract or otherwise agree with a person to engage in a lap dance with a person at an establishment; or

(3)

To contract or otherwise agree with a person to engage in specified sexual activity at the establishment; or

(4)

To display or expose at the establishment a specified anatomical area unless such employee is continuously positioned away from a person other than another employee, and unless such employee is in an area as described in section 28-1620.3(2); or

(5)

To display or expose a specified anatomical area while simulating a specified sexual activity with another person at the establishment, including with another employee; or

(6)

To engage in a private performance unless such employee is in an area which complies with the special requirements set forth in section 28-1620.3(2); or

(7)

To intentionally touch the clothed or unclothed body of a person at the adult entertainment establishment, excluding another employee, at a point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, referred to as the hand; or

(8)

To allow a person, excluding another employee, to touch a portion of the clothed or unclothed body of the employee below the neck and above the knee, excluding that part of the employee's arm below the wrist, referred to as the hand.

(Ord. No. 4882, § 3, 8-9-05)

It shall be unlawful for an operator of an adult entertainment establishment to advertise the presentation of an activity prohibited by an applicable state statute or local ordinance.

(Ord. No. 4882, § 3, 8-9-05)

It shall be a violation of this code if the operator is convicted or is adjudged guilty of a specified criminal offense that occurred at the establishment.

(Ord. No. 4882, § 3, 8-9-05)

It shall be unlawful for an operator of an adult entertainment establishment to knowingly, or with reason to know, allow:

(1)

Admittance to the establishment of a person under 18 years of age; or

(2)

A person under 18 years of age to remain at the establishment; or

(3)

A person under 18 years of age to purchase goods or services at the establishment; or

(4)

A person to work at the establishment as an employee who is under 18 years of age.

(Ord. No. 4882, § 3, 8-9-05)

It shall be unlawful for a person in an adult entertainment establishment, other than another employee, to intentionally touch the unclothed or clothed body of an employee at a point below the neck and above the knee of the employee, excluding that part of the employee's arm below the wrist, referred to as the hand.

(Ord. No. 4882, § 3, 8-9-05)

(1)

Notwithstanding any provision of this Code to the contrary, it shall not be unlawful for an employee of an adult entertainment establishment to expose a specified anatomical area during the employee's bona fide use of a rest room, or during the employee's bona fide use of a dressing room, which is accessible only and restricted to employees.

(2)

The restrictions of this division also apply to all rest rooms and dressing rooms.

(3)

Notwithstanding any provision of this Code to the contrary, it shall not be deemed unlawful for a person to expose a specified anatomical area during that person's bona fide use of a rest room.

(Ord. No. 4882, § 3, 8-9-05)

A violation of any requirement of chapter 28, article XV, division 12, Code of Ordinances, may be prosecuted by the city attorney in a court of competent jurisdiction and/or before the city special magistrate for code enforcement.

(Ord. No. 4882, § 3, 8-9-05; Ord. No. 5230, § 21, 3-28-13)

The regulations and requirements of this division establish general guidelines for the siting of wireless communications towers and antennas and are intended to accomplish the following purposes:

(a)

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

(b)

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

(c)

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;

(d)

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

(e)

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;

(f)

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

(g)

Enhance the ability of the providers of wireless communications services to provide to the community reliable wireless communications services based on best practices through an efficient and timely application process.

In furtherance of the purposes stated above, the city shall at all times give due consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas, in approving sites for the location of wireless communications facilities.

(Ord. No. 5095, § 4, 7-28-09)

(1)

All new wireless communications facilities and reconstruction or modifications to existing wireless communications facilities in the city shall be subject to the regulations in this chapter to the full extent permitted under applicable state and federal law.

(2)

Pre-existing telecommunications towers or antennas shall not be required to meet the requirements of this chapter, other than the specific requirements set forth herein.

(3)

Broadcasting facilities/amateur radio station operators/receive only antennas. This chapter shall not govern any broadcasting facility or a wireless communications facility owned and operated by a federally-licensed amateur radio station operator or which is used exclusively for receive only antennas; however, requests for placement of an amateur radio antenna in the city shall be processed in accordance with applicable law.

(4)

Pending applications. This chapter shall apply to pending applications for wireless communications facilities, as defined herein unless prohibited by applicable law.

(5)

Not essential services. The providing of personal wireless services and the siting and construction of wireless communications facilities shall be permitted pursuant to this chapter and shall not be permitted as essential services or public safety telecommunications as defined herein.

(6)

Except for matters herein specifically reserved to the city council, the city manager shall be the principal city official responsible for the administration of this chapter. The city manager may delegate any or all of the duties hereunder unless prohibited by applicable law.

(7)

AM array. For purposes of implementing this chapter, 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.

(8)

An applicant must submit an application and pay the applicable fee specified in the Boca Raton Municipal Facilities and Services User Fee Schedule, as either or both may be amended from time to time, to apply for the construction, installation, or placement of a wireless communications facility, within the city consistent with the terms of this chapter. The city may create a different application for collocation applications.

(Ord. No. 5095, § 4, 7-28-09)

(1)

Interpretation. In the absence of definitions, the standard dictionary meaning shall be utilized. In any event, the City Manager shall have the right to interpret the terms contained in this subdivision. In construing the meaning of the subdivision, the following rules shall apply:

(a)

Words used in the present tense also include the future tense.

(b)

Words used in the singular number also include the plural and vice-versa.

(c)

The word "shall" is mandatory. The word "may" is permissive.

(d)

The word "development" shall refer also to "project" and the area in which a project takes place.

(e)

The words "used" or "occupied" shall be construed to include arranged, designed, constructed, altered, converted, rented, leased, intended to be used, or intended to be occupied.

(f)

The word "lot" shall refer also to plot, parcel, tract and premises.

(g)

The word "building" shall refer also to structure, mobile home, dwelling and residence.

(h)

The words "area" and "district" may indicate and include the meaning "zone."

(i)

Except where specified, the provisions of this article shall be construed to mean the minimum standards, requirements and regulations adopted in pursuit of the purposes of this subdivision.

(2)

Definitions. As used in this division, the following words, terms and phrases, when used in this division shall have the meanings set forth below, and for the purpose of this division shall control over any other definitions contained in the City's Code of Ordinances. Words not defined shall be given their common and ordinary meaning.

"Accessory use" means a secondary use including a use that is not 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.

"Amateur radio antenna" means an antenna used to engage in amateur radio communications as licensed by the FCC and in accordance with federal law.

"Antenna" means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in wireless communications 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.

"Applicant" means any party submitting an application within the meaning of this division.

"Application" means any proposal, submission or request to construct, operate, or maintain a telecommunications tower, equipment facility, wireless communications facility, or antenna within the city or to seek any other relief from the city pursuant to this division.

"Array" means a group of antennas that are either (i) mounted or side mounted on the rooftop of a building or rooftop structure(s); or (ii) directly or indirectly mounted on a telecommunications tower.

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

"Building Code" means the Florida Building Code, as amended, the National Electrical Code, as amended, the National Electrical Safety Code, as amended, FCC regulations, as amended, and any other applicable federal, state, and local building codes.

"Building-permit review" means a review for compliance with building and related construction standards adopted by the city and does not include a review for compliance with land development regulations.

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

"City" means the City of Boca Raton, Florida.

"Collocation" means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antenna. The term includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antennas.

"Commercial mobile radio services" means, 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.

"Equipment facility" means a room, cabinet, shelter, pedestal, build-out of an existing structure, building, or similar structure used to house ancillary equipment for a telecommunications tower or antenna. Each such cabinet, shelter, or building shall be considered a separate equipment facility.

"Essential services" 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.

"Existing structure" means a structure that exists or a structure for which a building permit has been issued and is in effect at the time an application for permission to place an antenna on a structure is filed with the city. The term includes any structure that can structurally support the attachment of an antenna in compliance with applicable codes, excluding poles.

"Extraordinary conditions" are those that occur 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.

"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" means the distance measured from the ground level to the highest point of a telecommunications tower or other structure. For the purposes of measuring height, the base pad and all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall height. Lightning arrestors, also known as lightning rods, shall not be included in the calculation of height.

"Interference" means the impairment of transmission or reception of any public safety communications, licensed frequencies or licensed radio frequencies within the city. This term embraces electrical interference in all of its forms, including, without limitation, co-channel interference, interference from intermodulation products, and blanketing inference.

"Historic building, structure, site, object, or district" means any building, structure, site, object, or district that has been officially designated as a historic building, historic structure, historic site, historic object, or historic district through a federal, state or local designation program.

"Land development regulations" means any ordinance enacted by the city for the regulation of any aspect of development, including ordinances governing zoning, subdivisions, landscaping, tree protection, or signs, the city's comprehensive plan, or any other ordinance concerning any aspect of the development of land.

"Microwave dish antenna" means a dish-like antenna used to link telecommunications 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.

"Person" means any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

"Personal wireless services" means commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services, as defined under federal law, 47 U.S.C. §332(c)(7)(C), or as this definition may be amended from time to time, and includes but is not limited to, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, and paging service. Personal wireless services shall not be considered as essential services, public safety telecommunications, public utilities or private utilities.

"Pole" means any utility, electricity, telephone, power or light pole, erected for the purpose of and providing such services, other than any such pole owned by the city.

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

"Preferred zoning districts" means the zoning districts within this division in which the city provides a preference for the installation of wireless communications facilities.

"Public safety communications" means any and all non-public wireless communications systems providing services exclusively to and from police, fire, and other emergency services operating within the city.

"Public rights-of-way" or "ROW" means a public right-of-way, public utility easement, highway, street, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path, or alley or any other property for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the city holds a property interest therein. "public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

"Roofline" The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the buildings

"Rooftop" means the exterior surface on the top of a building or structure.

"Search area" means the geographic area in which a wireless communications facility must be located in order to provide, at a minimum, FCC required coverage, as certified through an affidavit by a radio frequency engineer or other such appropriate technical expert. The search area includes that initial circular area which has a radius of no less than one mile designated by a wireless provider or operator for a new tower. The search area shall be determined based upon engineering considerations including grids, frequency coordination and levels of service consistent with good engineering practices.

"Self-support tower" means a tapered structure broad at the base and narrower at the top consisting of cross-members and diagonal bracing and without guyed support (also known as lattice towers).

"Setbacks" means the required distance from the telecommunications tower or equipment facility to the property line of the parcel on which the wireless communications facility is located.

"Service provider" means any person or business entity that has located or is wishing to locate a telecommunications tower or antenna within the city limits to support or to provide personal wireless services.

"State of the art" means technology that provides the level of capacity, equipment, facilities, and components necessary for the reliable and feasible support of and provision of personal wireless services using the least intrusive means reasonably available.

"Stealth facility or tower" or "stealth" means any wireless communications facility or tower that is disguised, hidden, part of proposed or existing structure, or placed within a proposed or existing structure in a manner that makes it not readily identifiable as a wireless communications facility or designed to blend into the surrounding environment. Examples of such facilities would include, but are not limited to, architecturally screened roof mounted antenna, building-mounted antenna painted to match the existing structure, antenna integrated into architectural elements, a bell tower, spire, flag pole, etc, or other similar structures.

"Telecommunications Act" means the Telecommunications Act of 1996, Pub. L No. 104-104, codified at 47 U.S.C., and as may be amended from time to time.

"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 stealth, monopole, and guyed towers. The term includes radio and television transmission telecommunications towers, microwave telecommunications towers, common-carrier telecommunications towers, and cellular telephone telecommunications towers, among others. Poles are only a support structure and are not a telecommunications tower.

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

"Wireless communications facility" means any equipment or facility used to provide personal wireless service and may include, but is not limited to, antennas, towers, equipment facility, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. It also means personal wireless services facilities, as defined under federal law, 47 U.S.C. § 332(c)(7)(C), as this definition may be amended from time to time, and includes, but is not limited to, antennas and radio-transmitting telecommunications towers, and associated facilities used to transmit telecommunications signals. Poles are only a support structure and are not a wireless communications facility. An open video system is not a wireless communications facility to the extent that it provides video services; a cable or video system is not a wireless communications facility to the extent that it provides cable or video services.

(Ord. No. 5095, § 4, 7-28-09)

(1)

Unless exempted from these requirements as set forth below, or as otherwise required by state or federal law, permits shall be required for the installation of wireless communications facilities, including telecommunications towers and antennas by application submitted to the city.

(2)

In addition to the submission requirements for an application for site plan approval provided by any other provision of the City Code, the following information must be included in all applications, including applications for installations of telecommunications towers and antennas but excluding collocation applications.

(a)

Current boundary and topographical survey of the property, including but not limited to, the location of all overhead and underground public utilities; telecommunication, irrigation, cable, water, sewer, drainage, municipal fiber optic equipment and other facilities, as applicable to the proposed wireless communication facility.

(b)

Description of the personal wireless services currently provided and/or to be provided by the applicant over the proposed wireless communications facilities in the City.

(c)

Location of the proposed facilities and a remedial action plan for the facilities that includes procedures to be undertaken to rectify structural deficiencies, safety hazards, or any interference with or obstruction to public safety communications, plans to make necessary repairs and/or accommodations to alleviate any such structural deficiencies, hazards, interference, or obstruction, and a minimum period within which the repairs and/or accommodations will be made. The remedial action plan shall include names and addresses of contact information for owner personnel responsible for the wireless communications facility. Any change in the contact information that occurs when the wireless communication facility is approved and operating shall be reported immediately to the city manager or designee in writing. The city manager or designee is authorized to waive the requirement for the remedial action plan in those cases where he or she determines that it is not required.

(d)

Identification of the trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

(e)

Identification of all applicable FCC licenses and approvals.

(f)

Demonstration that the telecommunication tower or wireless communications facility conforms with the state of the art or, alternatively, that state of the art technology is unsuitable for the site involved. Costs of state of the art technology that exceed new tower development shall not be presumed to render the technology unsuitable.

(g)

Lot size. For purposes of determining whether the installation of a telecommunications tower or antenna complies with the 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.

(h)

An inventory of existing sites. Each applicant shall provide the city with an inventory of its pre-existing telecommunications towers and antennas, and the preexisting sites of any other telecommunications towers, antennas and wireless communications facilities within a two-mile radius of the site within city limits and one mile of the potential site of the proposed wireless communications facility outside city limits.

(i)

For applications for new telecommunications towers, the applicant must provide information to demonstrate, pursuant to the procedures listed within this section, that no pre-existing tower, existing 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 wireless communications facility. Evidence submitted to demonstrate that no pre-existing tower, existing structure or state of the art technology is suitable may consist of an affidavit from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities, determining or demonstrating the following:

1.

That pre-existing towers or existing structures located within the search area do not have the structural capacity to provide reasonable technical service consistent with the applicant's technical system, including but not limited to, applicable FCC requirements.

2.

That pre-existing towers or existing structures are not of sufficient height to meet, at a minimum, applicable FCC requirements, or engineering requirements of the applicant.

3.

That pre-existing towers or existing structures do not have sufficient structural strength or capacity to support applicant's proposed antenna and related equipment, or a replacement tower is not economically feasible.

4.

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

5.

That the applicant's proposed antenna on a pre-existing tower or existing Structure would cause interference with public safety telecommunications.

6.

That the applicant made diligent efforts but was unable to identify a feasible location or to obtain permission to install or collocate the applicant's wireless communications facilities on pre-existing towers or usable antenna support located within a one-mile radius from the proposed site.

7.

That there are other limiting factors that render pre-existing towers and existing structures unsuitable.

(j)

The site planning and engineering report, as defined below.

(k)

If applicable, a signed affidavit from the landowner that an executed lease agreement with a service provider for placement of the wireless communications facility and/or tower exists or will be executed upon approval of the application, and where it will be located.

(l)

Additional information that the city may request consistent with this chapter and applicable law to process the application. In the event the city requests any additional information, the time in which an application is processed shall be tolled pending receipt and further evaluation.

(m)

Consultant fee. The city shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications in accordance with applicable law. The consultant fee shall be based upon the hourly rate of the independent technical consultant or expert the city deems necessary properly to evaluate applications. The consultant fee shall be applied to those applications requiring special review or evaluation. applicant shall reimburse the consultant fees to the city prior to issuance of any permits.

(n)

To the extent not prohibited by applicable law, any application for a wireless communications facility shall also include a certification from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities, that the proposed facility, including reception and transmission functions, is not expected to interfere with or obstruct transmission to and from existing public safety communications facilities.

(3)

Site planning and engineering report. The site planning and engineering report shall be prepared in accordance with this division. The following information shall be included in all applications except collocation applications pursuant to section 28-1626. The required engineering analyses shall be prepared by an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities. The site planning and engineering report shall include:

(a)

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

1.

A tax parcel number, 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, easements, rights-of-way, and/or other encumbrances;

3.

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

4.

Where applicable, all existing vegetation, by mass or individually by diameter, measured four 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, storm water 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 facilities, fencing and landscaping;

9.

If applicable, on-site and adjacent land uses.

(b)

If applicable, a narrative of why the proposed telecommunications tower cannot comply with applicable requirements, including engineering analyses as applicable.

(c)

The type of telecommunications tower and specifics of design including, if appropriate, the following:

1.

Equipment brochures for the proposed tower such as manufacturer's specifications or trade journal reprints. These shall be provided for the antennas, mounts, equipment facilities, security barriers and any other equipment necessary to construct the tower, 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 facilities, cables as well as 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 facilities, 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 facilities and security barrier, 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 facilities, and other equipment necessary to construct the tower, and security barrier, if any for the total height, width and breadth, at a distance of 250 feet and 500 feet from a property within that range, as required by the city manager or designee.

(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 have its wind loading capacity lower than as provided for by the state building code.

(e)

An affidavit from a Florida registered professional engineer or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities stating that the proposed wireless communications facility, including reception and transmission functions, will not cause interference.

(f)

An affidavit from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law stating confirming compliance with all applicable building codes, associated regulations and safety standards. For all wireless communications facilities attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the wireless communications facility.

(Ord. No. 5095, § 4, 7-28-09; Ord. No. 5706, § 51, 10-22-24)

(1)

The following information must be included in all collocation applications.

(a)

An engineering report, from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities, that shall include:

1.

A statement of compliance with this chapter and all applicable building codes, associated regulations and safety standards as provided herein. The statement shall include certification that the existing structure can support the load superimposed from the antenna(s).

2.

The type of antenna and specifics of design including, if appropriate, the following:

a.

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

b.

Materials of the proposed antenna 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 facilities, cables as well as cable runs, and security barrier, if any;

c.

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

d.

Dimensions of the proposed antenna specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment facilities and security barrier, if any; and

e.

A visual impact analysis, with a minimum of two photo digitalization or photographic superimpositions of the pre-existing tower and proposed antenna within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment facilities, any other equipment necessary to install and operate the antenna and security barrier, if any, for the total height, width and breadth, at a distance of 250 feet and 500 feet from a property within that range, as required by the city manager or designee.

3.

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 have its wind loading capacity lower than as provided for by the Florida Building Code.

(b)

If applicable, a signed affidavit from the landowner that an executed lease agreement with a service provider for placement of the wireless communications facility collocation exists or will be executed upon approval of the Application, and where the wireless communications facility will be collocated; and

(c)

Additional information that the city may request consistent with this chapter and applicable law to process the application. In the event the city requests any additional information, the time in which an application is processed shall be tolled pending receipt and further evaluation.

(Ord. No. 5095, § 4, 7-28-09; Ord. No. 5706, § 52, 10-22-24)

(1)

Applications for a wireless communications facility on property owned, leased or otherwise controlled by the city, except for public rights-of way, shall require a lease agreement approved by the city council and executed by the city and the owner of the proposed wireless communications facility. The city may require, as a condition of entering into a lease agreement, the dedication of space on the facility for public safety communications purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease.

(a)

Leases granted pursuant to this chapter may or may not, in the sole and absolute discretion of the city, convey the exclusive right, privilege, permit or franchise to occupy or to use the public lands of the city subject to the lease for delivery of personal wireless services or any other purpose.

(b)

No lease granted pursuant to this chapter shall convey any right, title or interest in the public lands other than a leasehold interest, and 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.

(c)

Any and all collocations or placements of antennas on a wireless communications facility that is located on property owned, leased or otherwise controlled by the city, except for public rights-of-way, may require a separate lease agreement with the city as well as full compliance with the requirements of this chapter for such collocations and placements of antennas.

(d)

Pursuant to applicable law, the city may contract with a third party to administer city-owned property for purposes of developing city-owned sites, consistent with the terms of this chapter. Except as specifically provided herein, the terms of this chapter, and the requirements established thereby, shall be applicable to all telecommunication towers or personal wireless service facilities to be developed or collocated on city-owned sites.

(Ord. No. 5095, § 4, 7-28-09)

(1)

Filing fee. All applications shall be accompanied by the applicable nonrefundable filing fee specified in the Boca Raton Municipal Facilities and Services User Fee Schedule, as adopted by resolution of the city council.

(2)

Applicants regulated by this chapter may request a pre-application conference with the city. Such request shall be submitted with a non-refundable fee to reimburse the city for the cost and fees incurred by the conference.

(3)

Unless otherwise authorized by state or federal law, no person shall construct, install or maintain a wireless communications facility within the city without the city's approval pursuant to this chapter.

(4)

The city manager or designee shall review the application for consistency with the city's comprehensive plan, land development regulations including this chapter, and compatibility of the proposed wireless communications facility with the surrounding neighborhood. For applications that are not subject to the city council's approval pursuant to this chapter, the city manager or designee shall issue a written decision either granting or denying an application. The city manager or designee shall not grant an application for a proposed wireless communications facility that will interfere with any public safety communications, or is otherwise not in compliance with this chapter. In the event the city manager or designee denies an application, the city manager or designee shall set forth the reasons for denial in writing.

(5)

Notification of completeness. The city manager or designee shall notify the 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 in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed.

(6)

In the event that the city manager or designee determines that a proposed wireless communications facility subject to the city council's approval is not in compliance with this chapter, the city manager or designee may recommend that the city council deny the application and shall set forth the reasons for denial in writing, in accordance with applicable law. Provided, however, that in the event a proposed wireless communications facility is not in compliance with one or more requirements of this division, the city manager may recommend approval of the application if the city manager determines that the requested modification to the development standards of this division will not be detrimental to the city.

(7)

After the city manager or designee has determined that the application is ready to be processed, the application shall be forwarded, as applicable, depending on the type of application, to the appropriate staff, the community appearance board, the planning and zoning board, and the city council pursuant to the requirements of this division, in accordance with applicable law. The city council shall consider the application, the recommendation of the community appearance board and planning and zoning board, where applicable, the city manager or designee's recommendation, and any additional evidence presented by the applicant, city staff and the public.

(8)

Any decision of the city council to deny an application shall authorize the city manager or designee to set forth in writing the city council's reasons for the denial. It is the intent of this section to establish a procedure for compliance with the "written decision" and "substantial evidence" requirements of the Telecommunications Act, 47 U.S.C. § 332(c)(7)(B)(iii).

(9)

The city shall grant or deny each properly completed application for a collocation based on the application's compliance with this chapter, City Code and any other applicable regulations, and within the normal timeframe for a similar building permit review but in no case later than 45 business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for collocation on city-owned property.

(10)

The city shall grant or deny each properly completed application for any other wireless communications facility based on the application's compliance with this chapter and any other applicable law, including but not limited to the City Code and within the normal timeframe for a similar type of review, but in no case later than 90 business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for wireless communications facilities on city-owned property.

(11)

An application is deemed submitted or resubmitted on the date the application is received by the city. If the city does not notify the applicant in writing that the application is not completed in compliance with the city's regulations within 20 business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the city's regulations, the city shall so notify the applicant in writing indicating with specificity any deficiencies in the required documents or deficiencies in the content of the required documents which, if cured, would make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the city shall notify the applicant, in writing, within the normal timeframes of review, but in no case longer than 20 business days after the additional information is submitted, of any remaining deficiencies that must be cured. However, if applicant does not cure the application deficiencies within 20 business days after receiving the notice of deficiencies, the application shall be considered withdrawn or closed unless an extension due to reasonable circumstances of the time to cure is requested by the applicant prior to the expiration of the 20-day period and such extension is granted by the city manager.

(12)

The timeframes specified in this subsections (9) and (10) may be extended, only to the extent that the application has not been granted or denied, because the city's procedures generally applicable to all other similar types of applications require action by the city council and/or planning and zoning board and/or community appearance board, and such action has not taken place within the specified timeframes. Under such circumstances, the city council, planning and zoning board, or community appearance board, as applicable, shall either grant or deny the application at its next regularly scheduled meeting, or, otherwise, the application shall be deemed automatically to be approved; accordingly, the city manager or designee may by letter to the applicant extend the timeframe for a decision until the next available scheduled meeting date of the city council and/or planning and zoning board and/or community appearance board as to whether to grant or deny an application for a permit taken pursuant to this division.

(13)

The city may request, but not require, a waiver of the timeframes by the applicant, except that, with respect to a specific application, the city may require a one-time waiver in the case of a declared local, state, or federal emergency that directly affects the administration of all permitting activities of the city.

(14)

The city may enter into an entry and testing agreement with the wireless communications facility owner, applicant and/or operator, in a form approved by the city attorney, without approval of the city council.

(15)

Notwithstanding the foregoing, the city and an applicant may voluntarily agree to waive the timeframes set forth above.

(16)

Appeal. If an application is denied by the city manager or designee for noncompliance with the requirements of this chapter then the applicant may appeal this decision to the city council in accordance with the timeframes and procedures specified in section 28-56 of the City Code. Any decision appealed from the city council may be appealed in accordance with applicable law.

(17)

Modification of development standards. If an applicant seeks a modification to the wireless communications facility development standards provided in this division, the applicant shall provide the nature of the specific relief sought and the engineering justification to demonstrate that, without such relief, applicability of the regulations would have the effect of prohibiting the provision of reliable and feasible personal wireless services.

(18)

Nonconforming towers. Any telecommunications towers in existence in the city upon the effective date of this chapter that are nonconforming with the terms and provisions of this section shall have five years from the effective date in which to be brought into compliance; provided, however, that a modification of development standards may be requested, pursuant to section 28-1628(15), to permit the continued existence of a nonconforming telecommunications tower. Notwithstanding the foregoing, a nonconforming telecommunications tower may remain on the site where it was originally approved provided that it is able to accommodate the minimum number of different users established by the collocation requirements of section 28-1632(1)(a). Such nonconforming towers may be reconstructed to accommodate collocations provided that the degree of nonconformity with regard to location, height, and setback, is not increased by the reconstruction.

(Ord. No. 5095, § 4, 7-28-09)

(1)

It is the intent of the city to encourage collocation of antennas on existing structures and pre-existing towers. Except as provided herein, all towers shall have the capacity to permit multiple users.

(2)

Collocation incentive. To encourage such collocation, the city manager or designee may approve an application submitted to collocate antennas on an existing structure, pre-existing tower, or a stealth facility, consistent with this chapter. The specific collocation applications indicated in the sub-sections below shall be subject to administrative approval.

(3)

Any antenna and related equipment to service the antenna that is being collocated on an above-ground existing structure is not subject to land development regulations of the city code if the following criteria are met:

(a)

The existing structure already contains an established antenna and related equipment;

(b)

The existing structure is not non-conforming and may pursuant to state law be expanded or the existing structure is non-conforming and the collocation will not increase the degree of nonconformity; and

(c)

The height of the existing structure containing the antenna and related equipment would not be increased by the addition of antenna and related equipment.

Notwithstanding the exemption provided for in this section, construction of the antenna and related equipment is subject to review by the city manager or designee and any other city department or agency for compliance with the city's design standards and life safety codes, including but not limited to building codes; conditions or requirements (except limitations on collocations or the number of antennas) in any existing permits, agreements, or approvals. Moreover, this section shall not relieve the permit holder or owner of the existing structure or property from compliance with any applicable condition or requirement of a permit, agreement, or land development regulation, including but not limited to any aesthetic requirements, or law.

(4)

Applications for collocation on towers.

(a)

Collocations on towers, including nonconforming towers are subject to only building-permit review, which may include a review for compliance with this section, if they meet the following requirements:

1.

The collocation does not increase the height;

2.

The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment facilities and ancillary facilities, except as allowed under this chapter; and

3.

The collocation consists of antennas, equipment facilities, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment facilities and ancillary facilities and, if applicable, applied to the tower supporting the antennas. Such regulations may include the design and aesthetic requirements, but not procedural requirements, other than those authorized by this section, of the applicable land development regulations in effect at the time the initial antennas placement was approved.

(b)

Such collocations are not subject to any design or placement requirements of land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. Such collocation applications are not subject to the city council's approval and shall be decided by the city manager or designee.

(5)

Applications for collocation (other than on towers).

(a)

Except for a historic building, structure, site, object, or district, the following collocation applications on all other existing structures shall also be subject to no more than a city manager or designee review if they meet the following requirements:

1.

The collocation does not increase the height;

2.

The collocation does not increase the existing ground space area by more than 25 percent, otherwise known as the compound, if any, approved in the site plan for the equipment facility and ancillary facilities. The city manager shall require a new landscape plan for the expanded ground space area indicating, at a minimum, compliance with the previous conditions of approval or buffer requirements at the time the previous landscape plan or buffer was approved.

3.

The collocation consists of antennas, the equipment facility and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure in effect at the time of approval of the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements, other than those authorized by this section of the chapter at the time of the collocation application; and

4.

The collocation consists of antennas, the equipment facility and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with sub-section (c) and were applied to the initial antennas placed on the structure and to its accompanying the equipment facility and ancillary facilities and, if applicable, applied to the structure supporting the antennas.

(6)

If only a portion of the collocation does not meet the requirements of any of the above sub-sections, such as an increase in the height or a proposal to expand the ground space approved in the site plan for the equipment facility, where all other portions of the collocation meet the requirements of this subsection, that portion of the collocation only, may be reviewed by the city council after review and recommendation by the community appearance board and the planning and zoning board, as applicable. A collocation proposal under this subsection that increases the ground space area, otherwise known as the compound, approved in the original site plan for equipment facilities and ancillary facilities by no more than a cumulative amount of 400 square feet or 50 percent of the original compound size, whichever is greater, shall require no more than administrative review for compliance with the city's regulations, including but not limited to land development regulations review, and building permit review; provided, however, that any collocation proposal that increases the original compound size more than such greater cumulative amount shall be reviewed as if it were a new wireless communications facility.

(7)

The replacement of or modification to a wireless communications facility, except a tower, that results in a wireless communications facility not readily discernibly different in size, type, and appearance when viewed from ground level from surrounding properties, and the replacement or modification of equipment that is not visible from surrounding properties, all as reasonably determined by the city manager or his designee, shall require submittal of a building permit for approval by the city. This requirement shall not supersede any lease agreement between a service provider and landowner, including the city.

(8)

The owner of the pre-existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development regulations to which the pre-existing tower must comply, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this section.

(Ord. No. 5095, § 4, 7-28-09)

(1)

To the extent not inconsistent with applicable federal law, all providers of personal wireless services and all owners and/or operators of wireless communications facilities, shall comply with the following:

(a)

Any wireless communications facility that causes interference with the operations of public safety communications services, shall, after receiving notice, rectify the interference immediately or, to the extent not inconsistent with applicable law, cease transmitting signals (go off the air) at once.

(b)

In the event that the wireless communications facility interferes with public safety communications, it shall be the responsibility of the owner and/or operator of the wireless communications facility that creates the interference to make all necessary repairs and/or accommodations to alleviate the problem at its expense. The city shall be held harmless from any action arising out of this occurrence.

(c)

In the event that a provider of personal wireless services and/or an owner and/or operator of wireless communications facility interferes with public safety communications, and thereafter ceases transmission of signals (goes off the air) and rectifies the interference, it may resume providing personal wireless services. If the city manager determines such interference requires further consideration by the city council, the matter shall be scheduled for city council review and the provider or operator shall be notified of the date and time of the review. The city council may take action as it deems necessary, in accordance with applicable law.

(d)

To the extent not inconsistent with applicable law, if a provider of personal wireless services or the owner or operator of a wireless communications facility, refuses to stop the interference or to cease transmitting signals as required herein, the city may file a complaint with the FCC for resolution and/or seek an injunction against it pursuant to F.S. § 843.025, that makes it unlawful for any person to deprive a law enforcement officer of his or her radio or to otherwise deprive the officer of the means to summon assistance, or pursue any other remedy authorized by applicable law. Any person who is found to have violated this section shall be punished as provided by applicable law.

(Ord. No. 5095, § 4, 7-28-09)

(1)

General regulations. The standards listed in this section apply specifically to all antennas, towers and wireless communications facilities, except those owned by the city, located on property owned, leased, or otherwise controlled and approved by the city or as otherwise specified herein. The city reserves the right to modify or waive the requirements for use on public property. The city shall not be required to provide access to city property.

(2)

The development, construction, maintenance and repair of wireless communications facilities are subject to the regulatory supervision of the city to the full extent permitted by applicable law and shall be performed in compliance with all laws, ordinances and practices affecting such facility including, but not limited to, zoning codes, building codes, and safety codes, and as provided in this chapter. No application for development or construction of a wireless communications facility shall be approved by the city unless and until, pursuant to F.S. § 365.172(12)(b)(1), all requirements relating to aesthetics, landscaping, land use based location priorities, structural design, setbacks, and all other applicable regulations have been addressed by the applicant and reviewed and approved by the city.

(3)

All proposed telecommunications 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 are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within 90 calendar days of the effective date of such standards and regulations, unless a different compliance schedule is established by the controlling agency or other applicable law. Failure to bring into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications tower, antenna or wireless communications facility at the owner's expense.

(4)

To ensure the structural integrity of telecommunications towers installed, the owner shall construct and maintain telecommunications tower in compliance with the state building code, and all other applicable codes and standards. A statement shall be submitted to the city by a Florida-registered professional engineer certifying compliance with this section upon completion of construction and/or subsequent modification. Where an existing structure or pole is requested as a stealth facility, the stealth facility, and all modifications thereof, shall comply with all requirements as provided in this chapter and all other applicable standards as may be amended from time to time.

(5)

Inspections.

(a)

The city reserves the right to conduct periodic inspection of wireless communications facilities at the owner's expense, to ensure compliance with this chapter and other applicable codes and regulations. The city may conduct more frequent inspections of wireless communications facilities, should there be an emergency or extraordinary conditions.

(b)

If, upon inspection, the city concludes that a wireless communications facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner, the owner shall commence work within 30 calendar days to bring such wireless communications facility into compliance with such standards. Failure to bring such wireless communications facility into compliance within 60 calendar days of notice, which may be extended up to 90 days by the city manager if the owner is working in good faith to cure, shall constitute grounds for requiring the removal of the facility at the owner's expense.

(c)

The city reserves the right to require additional inspections if there is evidence that a tower or a wireless communications facility has a safety problem or is exposed to extraordinary conditions.

(6)

Wireless communications facilities in residential areas. The city prohibits the placement of a wireless communications facility in a residential area or residential zoning district unless the applicant demonstrates to the satisfaction of the city that it cannot reasonably provide its personal wireless service to the residential area or zone from outside the residential area or zone. In such a case, the city and the applicant shall cooperate to determine an appropriate location for a wireless communication facility of an appropriate design within the residential area or zone. The applicant shall reimburse any and all reasonable costs and expenses incurred by the city for this cooperative determination, including attorney's fees. Such application for cooperation shall be accompanied by an application fee in the same amount as for a new tower. The cooperation application shall not be subject to the timeframes contained in this chapter for granting and denying applications, but the city and the applicant shall cooperate to complete the review within a reasonable amount of time.

(7)

Hierarchy of zoning districts and siting alternatives. Development of a wireless communications facility shall be permitted in the following preferred zoning districts and in accordance with the following siting alternatives hierarchies.

(a)

The preferred zoning districts order of ranking, including public rights-of-way in any such zoning district, is from highest 1. to lowest 6. Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

1.

Industrial/warehouse districts (M-3, M-2, M-1, W-1, IG/S1); light industrial research park districts (LIRP, Museum Center) and commercial and business districts (C-1, B-4, B-3, PT, LB, POI, B-2, B-1, CG, CN, CS)

2.

Mixed use districts (DDRI, VC)

3.

Public land PL district (subject to agreement with the city for use of city property) as well as other city-owned land in zoning districts other than residential

4.

Recreational REC district (assuming sufficient acreage to locate the installation no closer than 100 percent of the height of a proposed telecommunications tower from any abutting residential)

5.

Motel business RBI district

6.

Any other zoning district in accordance with 28-1631(6) above.

(b)

The order of ranking for siting alternatives is from highest 1. to lowest 5. Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

1.

Collocation on existing telecommunications towers or existing structures in a preferred zoning district.

2.

Placement of an antenna on an existing structure (other than a collocation) in a preferred zoning district

3.

New stealth tower in a preferred zoning district.

4.

New telecommunications tower in a preferred zoning district.

5.

Any other installation in any other zoning district as provided herein.

(c)

On property owned by the city, the city may authorize the application and use of city property only after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute any such lease even if the applicant can meet the criteria set forth herein.

(8)

Unstaffed communication buildings and structures.

(a)

Minimum setbacks. Unmanned communication buildings shall comply with the setback requirements applicable to accessory structures and/or equipment in the zoning district where such buildings are to be situated.

(b)

Size limitations. Any unstaffed communication building shall be a permanent structure not to exceed 250 square feet in floor area, but may be up to 400 square feet in floor area if the city approves placement of a generator within such building.

(c)

More than one unstaffed communication building may be permitted on a site; provided, however, that the total square footage of such buildings, added together, does not exceed:

1.

1,200 square feet if the wireless communications facility installation has the capacity to accommodate three different users and provisions are made for a generator for each user on the site.

2.

1,600 square feet if the wireless communications facility installation has the capacity to accommodate four different users and provisions are made for a generator for each user on the site.

3.

2,000 square feet if the wireless communications facility installation has the capacity to accommodate five different users and provisions are made for a generator for each user on the site.

If the site contains more than one building, any required distance separation between the buildings may be waived by the city manager or designee, except as may be prohibited by applicable life safety codes.

(Ord. No. 5095, § 4, 7-28-09; Ord. No. 5655, § 3, 1-11-23)

(1)

Minimum standards. Except where a modification to the wireless communications facilities development standards of this section is granted by the city council pursuant to Section 28-1628(15), every telecommunications tower must meet the following minimum standards:

(a)

All telecommunications towers 80 feet or greater in height shall be designed and constructed with the capability of accommodating at a minimum two different service providers.

(b)

The height of a telecommunications tower located in any residential area or residential zoning district of the city shall not exceed 100 feet. Any telecommunications tower constructed in a residential area or residential zoning district shall be located no closer than 100% of the height of the telecommunications tower to any residential structure that exists or for which a building permit has been issued and is in effect at the time of construction of the telecommunications tower.

(c)

The height of a telecommunications tower in nonresidential areas and nonresidential zoning districts shall not exceed:

1.

100 feet with the capacity of accommodating three different service providers.

2.

120 feet with the capacity of accommodating four different service providers.

3.

140 feet with the capacity of accommodating five different service providers.

(d)

Telecommunications towers or antennas shall be approved by the Federal Aviation Administration (FAA) or other appropriate agency prior to issuance of a building permit by the city and comply with section 28-1628 of this Code. Prior to the issuance of a building permit(s) by the city, the applicant shall provide evidence that the telecommunications towers or antennas are in compliance with FAA regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(e)

All proposed wireless communications facilities shall comply with current radio frequency emissions standards of the FCC.

(f)

All telecommunications tower sites must comply with the landscaping requirements of the city in force at the time the application for a telecommunications tower site plan approval is submitted to the city. A wall six feet in height constructed in accordance with the City Code, and as measured from the finished grade of the site, shall be required around the base of any tower and may be required around any accessory building or structures.

(g)

The minimum required landscape buffering widths shall be consistent with the requirements of the City Code and shall be installed around the entire outside perimeter of the concrete wall and/or buildings, encircling the leased premises on which said telecommunications tower shall be placed. Additional landscape buffer widths may be required by the city manager or designee with advisory review and recommendation by the community appearance board around the outside perimeter of the wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The city council, upon site plan review, may require such additional landscape buffer widths in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter wall.

(h)

Landscaping, consistent with the minimum requirements of the City Code, as amended, shall be installed on the leased area, around the wall, any accessory buildings or structures. In addition to the city's landscaping requirements, the following landscaping shall be provided:

1.

A minimum row of large trees or large palms at least 16 feet in height, or one-half the height taller than the wall, which ever is larger, at a maximum distance of 12 to 15 feet apart, with ten- to-12 foot tall smaller trees in-between them shall be planted around the perimeter of the wall.

2.

A continuous branch-touching-branch hedge (full to the ground) shall fully screen all nonaccessible portions of the wall to the height of the wall or tallest element (not tower) at installation. All gates must be opaque, color and type to be approved by staff.

3.

All landscaping shall be properly installed and maintained in accordance to the approved site plan and City Code requirements to ensure good health and viability. All missing, dead, damaged or diseased landscaping shall be replaced with like kind per approved plans or at the established grown heights of the existing landscaping (which ever is larger) within 30 calendar days of notice.

4.

In locations where the impact of the wireless communications facility abuts residential properties the city manager or designee with advisory review and recommendation by the Community Appearance Board may require such additional landscaping as necessary to protect the aesthetics and minimize the impact of the surrounding area.

5.

The city council, upon site plan review, may require additional landscaping in excess of the above requirements as deemed reasonably necessary in order to enhance compatibility with the adjacent residential and nonresidential land uses.

(i)

Telecommunications towers shall only be located on parcels larger than 2,500 square feet.

(j)

Warning signs for high voltage and trespassing.

1.

No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of an antenna or tower. Any signs placed in violation of this section shall be removed immediately at the facility owner's expense.

2.

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

3.

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

4.

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.

5.

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

(k)

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

(l)

The minimum setbacks shall conform to the zoning districts where the towers are situated. Notwithstanding the above, the city manager may reduce minimum setback requirements for properties zoned industrial/warehouse, up to 25 feet from the rear yard and front yard, and 15 feet from the side yards, as measured from the base of the tower or from the guy wire anchor, whichever is closest to the property line or public right-of-way when, in his or her discretion, he or she believes said reduction in setbacks to be necessary in the interest of protection and safety of the public.

(m)

All telecommunication towers in nonresidential areas and nonresidential zoning districts shall be located no closer than 100 percent of the height of the tower from residential areas or districts, as measured on a straight line from the two closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure.

(n)

The minimum distance separation between an existing tower and a proposed tower shall be no less than one mile. When a stealth facility or tower is proposed to be used by the applicant, or an existing tower or structure that serves another purpose, or a pole, then, in that event, the city manager or designee, may recommend a reduction in the minimum separation as set forth above up to 50 percent of said minimum separation, provided that the proper landscaping and/or buffering is put in place at the direction of the city manager or designee after approval and/or recommendation by the community appearance board, the planning and zoning board, and the city council, as applicable.

(o)

All buildings and other structures to be located on the same property as a telecommunications tower shall conform with the setbacks established for the underlying zoning district.

(p)

Each application for a wireless communications facility may be required to include written approval or a statement of no objection from other state agencies that may regulate wireless communications facility siting, design, and construction.

(q)

Removal of abandoned or unused facilities. A provider who has determined to discontinue its operations or part of its operations in the city must either:

1.

Remove its own facilities;

2.

Provide information satisfactory to the city manager or designee that the provider's obligations for its equipment in the public right-of-way or public easement or private property under this division have been lawfully assumed by another provider; or

3.

Submit to the city manager or designee a proposal and instruments for transferring ownership of its equipment to the city. If a provider proceeds under this clause, the city may, at its option:

a.

Assume ownership of the equipment with a $10.00 nominal consideration, or

b.

Require the provider, at its own expense, to remove the equipment, or

c.

Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding paragraph and which, for 12 months, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to: (i) abating the nuisance, (ii) taking possession of the equipment and restoring it to a useable condition, or (iii) requiring removal of the equipment by the provider or by the provider's surety under the bond required by section 28-1636 herein. Telecommunications towers being utilized for other purposes, including, but not limited to, light standards and power poles, may be exempted from this provision.

(r)

Accessory buildings or structures. All accessory buildings or structures shall meet all building design standards as listed in this Code, and in accordance with the provisions of the state building code. All accessory buildings or structures shall require a building permit issued by the building division and/or city manager or designee.

(s)

Colors. Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunications towers, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment such as non-contrasting gray, earth tones of appropriate shades of green, or such other colors as approved pursuant to section 28-128(1)(c).

(t)

In the event a hurricane or any other weather warning is issued by the National Weather Service that may impact wireless communications facilities in the city, the city manager or designee may order a service provider to temporarily lower or secure, as applicable and feasible, any temporary, portable, or partially constructed wireless communications facilities until such time as the warning is canceled.

(Ord. No. 5095, § 4, 7-28-09; Ord. No. 5706, § 53, 10-22-24)

(1)

Minimum standards. Except where a modification to the wireless communications facilities development standards of this section is granted by the city council, every antenna must meet the following minimum standards.

(a)

Antennas on existing structures shall be permitted as an accessory use in all preferred zoning districts except in the residential zoning districts. Notwithstanding the foregoing, stealth antennas shall be permitted as an accessory use on approved residential structures 50 feet in height or greater and non-stealth antennas shall be permitted as an accessory use on approved residential structures 100 feet in height or greater. Antennas on existing structures shall be subject to the procedures and requirements provided elsewhere in this chapter, and as follows:

1.

No commercial advertising shall be allowed on an antenna;

2.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

3.

Any related unstaffed equipment building shall not contain more than 250 square feet of gross floor area but may be up to 400 square feet in gross floor area if the city approves placement of a generator within such equipment facility, but should not be more than ten feet in height;

4.

If the equipment facility is located on the roof of the building, the area of each equipment facility shall not occupy more than 25 percent of the total roof area;

5.

Non-stealth antennas and all equipment buildings shall be set back a minimum of 20 feet from the edge of the building or rooftop, located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated; and

6.

Antennas shall only be permitted on non-residential buildings which are at least 50 feet tall. Antennas may be placed on buildings less than 50 feet tall if the city manager or designee determines that public safety needs warrant the antenna.

(b)

Stealth antennas may not extend more than 20 feet above highest point of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Stealth antennas may exceed 20 feet above the roof if the city manager or designee determines that public safety needs warrant such additional height.

(c)

Non-stealth antennas may not extend more than ten feet above highest point of a roof. Non-stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Non-stealth antennas may exceed ten feet above the roof if the city manager or designee determines that public safety needs warrant additional height.

(2)

Antenna types. To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to the city, why the stealth antenna (i.e. An antenna incorporated into the architecture of the building or fully screened from view from sites proximate to the antenna) cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

(3)

Antenna dimensions. A statement shall be submitted, prepared by a registered professional engineer licensed to practice in the state, and competent to evaluate antenna choices, to certify the need for the required dimensions.

(a)

Whip (omni-directional) antennas and their supports must not exceed 15 feet in height and three inches in diameter and must be constructed of a material or color which matches the exterior of the building.

(b)

Microwave dish antennas located below 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 or adjacent properties.

(c)

No more than five dish antennas shall be installed on a monopole tower.

(4)

Aircraft hazard. Prior to the issuance of a permit by the city, the application shall provide evidence that the telecommunications tower or antenna is in compliance with FAA regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(Ord. No. 5095, § 4, 7-28-09)

(1)

No telecommunications towers or equipment facilities may be installed or placed in the ROW, with the exception that a stealth antenna may be placed on any pole that has already been installed or placed in the ROW, with the consent of the pole owner, subject to the standards in this section.

(2)

Development standards.

(a)

Any stealth antenna to be installed in the ROW, including any accompanying equipment facilities, shall be subject to all requirements of this division and all site plan review and permitting requirements of the city.

(b)

When installing a stealth antenna on a pole, any and all associated equipment facilities shall be placed in any of the following areas:

1.

Underground in the ROW; or

2.

On an adjacent property, with the consent of the property owner provided that all the wiring is underground and all setback requirements are met.

3.

Above ground flush-mounted on the pole, provided the equipment facilities do not exceed the diameter or width of the pole at point of mounting.

(c)

Before installing any stealth antenna on any pole already installed in the ROW, an applicant must complete the antenna application pursuant to this chapter and must also comply with the other applicable sections of this chapter. An application pursuant to this section shall not be deemed a collocation application.

(d)

No antenna may be installed under this section until the applicant fully complies with all the indemnification and insurance requirements of this chapter.

(e)

A stealth antenna may be mounted on an existing pole in the ROW with the consent of the pole owner, provided the height of the stealth antenna does not extend more than 12 feet above the top of such pole. An existing pole may be modified, replaced or rebuilt to accommodate a stealth antenna so long as the height of such pole is not increased by more than 12 feet from its existing height.

(Ord. No. 5095, § 4, 7-28-09; Ord. No. 5706, § 54, 10-22-24)

(1)

A telecommunications tower that is modified or reconstructed to accommodate the collocation 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)

An existing telecommunications tower may be modified or rebuilt to a taller height to accommodate an additional antenna. Such modification or rebuild of the telecommunications tower shall require the approval of the city council. The new height shall comply with the requirements of this chapter.

(3)

A telecommunications tower that is being rebuilt to accommodate an additional antenna and which requires movement onsite from its existing location shall require an application for a new tower. After the telecommunications tower is rebuilt to accommodate collocation, 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 this section. The relocation of a telecommunications tower pursuant to this section shall not be deemed to cause a violation of the separation requirements contained herein.

(4)

Modification of existing wireless communications facility. Minor modification of a wireless communications facility shall not require an additional approval so long as the modification does not change the height of the telecommunications tower, enlarge the antenna array, enlarge the equipment facility and does not involve any collocation. All other modifications shall require approval pursuant to the requirements of this division.

(5)

Any pre-existing tower, including a nonconforming tower, may be structurally modified to permit collocation or may be replaced through no more than administrative review and building-permit review, and is not subject to public hearing review, if the overall height of the tower is not increased and, if the replacement tower is a monopole tower or, if the pre-existing tower is a stealth tower, the replacement tower is a similar stealth tower.

(6)

Rebuilding damaged or destroyed nonconforming towers or antennas. Legal nonconforming telecommunications towers or antennas that are damaged or destroyed may be rebuilt subject to the provisions of this division. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 calendar 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 section 28-1632 herein.

(Ord. No. 5095, § 4, 7-28-09)

(1)

Indemnification. The city shall not enter into any lease agreement with any provider for the use of city owned property for installation of wireless communications facilities 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 wireless communications facility.

(b)

Indemnify and hold harmless the city, its trustees, 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 wireless communications 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 following the term of any agreement and continue in full force and effect for at least one year following the termination of the party's agreement as to the party's responsibility to indemnify.

(d)

In no event shall the city indemnify a service provider and/or the owner or operator of a wireless communications facility.

(2)

Insurance. The city shall not grant or approve an application for the installation of a tower, antenna and/or wireless communications facility on city-owned property and shall not enter into any lease agreement for city owned property until and unless the city obtains assurance that such applicant or lessee (and those acting on its behalf) has adequate insurance. At a minimum, the following requirements must be satisfied:

(a)

A wireless communications facility owner shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the city manager, nor shall a wireless communications 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 wireless communications 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. 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 coverage 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. The city may amend its requirements pertaining to insurance from time to time and may require additional provisions pertaining to such insurance in a lease.

(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 wireless communications 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.

(3)

Comprehensive general liability. A wireless communications facility operator and its contractors or subcontractors engaged in work on the operator's behalf, shall maintain adequate insurance to cover liability, bodily injury and property damage in the minimum amount of $1,000,000 or in such greater amount as reasonably determined by the city at the time of application. Exposures to be covered include premises, operations, and those certain contracts relating to the construction, installation or maintenance of the wireless communications facility. Coverage shall be written on an occurrence basis. Certificates of insurance reflecting evidence of the required insurance shall be filed with the city.

(4)

Prior to any construction on city-owned property, every service provider, shall establish a cash security fund, or provide the city with an irrevocable letter of credit subject to the city attorney's approval, in the amount specified in an agreement, permit, or other authorization as necessary to ensure the provider's faithful performance of construction and compliance with this division. The minimum amount of the security fund for each telecommunications tower shall be $25,000.00 and the minimum amount for each antenna shall be $5,000.00.

(5)

In the alternative, at the city's discretion, a service provider may, in lieu of a cash security fund or letter of credit, file and maintain with the city a bond in the same amounts as required in subsection (1). The provider and the surety shall be jointly and severally liable under the terms of the bond. The bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the city attorney; and shall provide that: "This bond may not be canceled, or allowed to lapse, until 60 days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

(6)

The rights reserved by the city with respect to any security fund or bond established pursuant to this section are in addition to all other rights and remedies the city may have under this division, a lease, or at law or equity.

(7)

Any person, firm or corporation who knowingly breaches any provision of this division shall upon receipt of written notice from the city be given a time schedule to cure the violation. Failure to commence to cure the violation 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.

(8)

Violations.

(a)

In addition to revoking any permit for placement of a wireless communications facilities in the city for violation of this chapter and any other remedies available at law including, but not limited to F.S. § 166.0415 and F.S. ch. 162, or at equity or as provided in this chapter, the city may apply any one or combination of the following remedies in the event an applicant or service provider violates this chapter, or applicable local law or order related to placement of such facilities in the city:

1.

Failure to comply with the provisions of this chapter or other applicable law may result in imposition of penalties to be paid by the applicant or service provider to the city as provided in F.S. ch. 162, and the City Code, as they may be amended.

2.

In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.

(b)

No waiver. Failure of the city to enforce any requirements of this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(Ord. No. 5095, § 4, 7-28-09)

(1)

The purpose of this division is to establish procedures and regulations for the development of mixed-use multifamily developments, including affordable housing ("MUMD") pursuant to the provisions of F.S. § 166.04151(7), as created by Chapter 2023-17, Laws of Florida, the "Live Local Act of 2023" (the "Act"), which MUMD involves a combination of residential and non-residential components, and a combination of dwelling units that qualify as affordable housing and units that do not qualify as affordable housing, to accomplish the following purposes:

a)

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

b)

Facilitate the orderly development of affordable multifamily housing in the city pursuant to the Act;

c)

Confirm that MUMDs proposed pursuant to the Act are required to be mixed-use residential developments;

d)

Specify the city zoning districts to which this division is applicable and within which MUMDs are authorized and may be approved administratively pursuant to the Act;

e)

Confirm the land development regulations applicable to proposed MUMDs, and acknowledge the statutory mandates regarding density, height, and land use;

f)

Confirm minimum dwelling unit square footage in order to provide reasonable living conditions;

g)

Provide a minimum non-residential use floor area for MUMDs to provide a meaningful mixed-use development and to reduce vehicle trips and vehicle miles traveled;

h)

Confirm the maximum intensity (floor area ratio) for MUMDs applies to all square footage within the development; and

i)

Establish an administrative approval process for MUMDs, including provisions for appeals of administrative decisions.

(2)

Consistent with F.S. § 166.04151(7), which expires October 1, 2033, this Division 14 also expires and becomes null and void on October 1, 2033.

(Ord. No. 5653, § 1, 10-11-23)

(1)

MUMDs shall be permitted, and the regulations set forth in this division shall be applicable to MUMDs, only in the following zoning districts of the city:

Business and commercial districts:

NCBD—Neighborhood convenience business

R-B-1—Motel business

B-1—Local business

B-2—Community business

B-3—Central business

B-4—General business

C-1—Commercial

MC—Medical Center

POI—Professional, office, and institutional

City CG—Commercial general

City CHO—Commercial high office

Industrial districts:

LIRP—Light industrial research park

M-1—Light industrial

M-2—General industrial

M-3—Manufacturing industrial

IG/S1—Industrial general—Special district #1

W-1—Warehouse district

LIRP-5—Museum center district

Miscellaneous districts:

LB—Civic center and limited business

PM—0.40—Planned mobility 0.40

VC—Village Center

(2)

In the event of a conflict between the regulations set forth herein and those set forth in the business, commercial, or industrial zoning district in which an MUMD is proposed to be located, the regulations set forth in this division shall control to the extent of such conflict, and, in the event of a conflict between the regulations set forth herein and those set forth in the miscellaneous zoning district in which an MUMD is proposed to be located, the regulations set forth in the specific miscellaneous zoning district shall control to the extent of such conflict. In the event of a conflict between the regulations set forth herein and those set forth in article XVII, "Planned Development" (sections 28-1686 through 28-1723, Code of Ordinances), for a planned commercial development or a planned industrial development in connection with a proposed MUMD, the applicable planned development regulations shall control to the extent of such conflict.

(Ord. No. 5653, § 1, 10-11-23)

(1)

For each proposed MUMD, an application for a site plan must be submitted in accordance with the requirements of chapter 28, article II, division 2, Code of Ordinances, including all information required.

(2)

The fee for administrative review of the application shall be the same fee as set forth in the municipal facilities and services user fee schedule of the City of Boca Raton for applications for a PMD set forth in article XVII, division 8.

(3)

Administrative review of the site plan application shall be conducted pursuant to the provisions for minor site plan amendments of section 28-54(1), Code of Ordinances; provided, however, planning and zoning board review shall not be required or conducted.

(4)

Public notice for an application for an MUMD shall be the same as required for a minor site plan amendment pursuant to subsection 28-53(2).

(5)

Administrative review of an application for an MUMD shall be conducted by the development services director in accordance with the provisions of section 28-9, Code of Ordinances.

(6)

The development services director's decision on an application for an MUMD shall be final. Either the applicant, or an aggrieved party (as such is defined in subsection 28-10(4)(ii)) who disagrees with the final decision of the development services director, may file an appeal to the city council in accordance with section 28-10. provided however, the appellant need only file a timely notification of appeal and such appeal shall be heard at the next city council meeting that is at least 2 weeks after the filing of the appeal.

(Ord. No. 5653, § 1, 10-11-23)

(1)

Maximum floor area of total development. The floor area of all development within an MUMD, including the total floor area of all residential use and the total floor area of all non-residential use, shall be limited to the maximum floor area ratio (FAR) of the underlying business, commercial, industrial, or miscellaneous zoning district in which the MUMD is located. For purposes of this subsection 1, the terms "floor area" and "floor area ratio" (FAR) shall have the meanings set forth in subsection 28-307(2).

(2)

Required residential and non-residential uses. At least 65 percent of the total square footage of an MUMD shall be used for residential purposes. Lobby, service areas, and amenity areas exclusively serving the residential uses of the MUMD shall be considered residential square footage. At least 5,000 square feet, or 10 percent of the total square footage of the MUMD, whichever is greater, shall be devoted to main or principal (and not accessory) non-residential uses. A minimum of 5,000 square feet of such non-residential uses shall be located on the ground floor of the MUMD. Common ground floor lobby, service areas, and amenity areas shall be proportionately allocated to the residential and non-residential square footage requirements.

(3)

Mixed-use character of development. All residential and non-residential components of an MUMD shall be located on the same plot (and/or on 1 unified plot).

(4)

Minimum plot size. The minimum plot size for an MUMD shall be 25,000 square feet.

(5)

Minimum required yards.

a)

Front—25 feet

b)

Rear—25 feet

c)

Sides—15 feet

These yard requirements shall be applicable to the site's perimeter for all buildings on the development site. Separation between buildings on the development site shall be as required by the Florida Building Code, as adopted in chapter 19, Code of Ordinances, and the Florida Fire Prevention Code, as adopted in chapter 7, Code of Ordinances.

(6)

Additional required yards.

a)

Supplemental to the minimum required yards set forth above, an additional yard shall be required from any plot line abutting either a single-family residential zoning district or existing single-family residential uses, which shall be 1 foot of additional yard for each 2 feet of building height above 25 feet.

b)

Supplemental to the minimum required front yard set forth above, any portion of a building that is above 50 feet in height shall be set back from the front plot line an additional 1 foot for each 15 feet in height greater than 50 feet.

(7)

Landscaped yards. All required yards shall be landscaped, except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises are permitted. The landscaping may include trees, shrubs, hedges flower beds, and lawn areas planted in accordance with the approved landscape plan. All landscaped areas shall be regularly maintained at all times in a healthy growing condition, in a neat and orderly appearance, and free of refuse and debris.

(8)

Minimum floor area of dwelling units. The minimum floor area for all dwelling units (both affordable and non-affordable) within an MUMD shall be as follows:

a)

Efficiency: 400 square feet

b)

1 Bedroom: 550 square feet

c)

2 Bedrooms: 750 square feet

(9)

Open/green space. The minimum open/green space required on all MUMD developments shall be 25 percent. Plazas, paver driveways that are posted with signs that identify the driveway as a joint vehicular and pedestrian way, sidewalks, covered arcades, gazebos, and other hardscape areas may be counted towards satisfying the minimum open space/green space requirements. In no event shall any portion of a parking area, including any planter islands, be counted as open/green space.

(10)

Accessory buildings. Buildings that are accessory to an MUMD shall be governed by the provisions of section 28-1295, Code of Ordinances.

(11)

Parking. For an MUMD, parking shall be provided as required by chapter 28, article XVI, Code of Ordinances. As part of its consideration of the site plan required pursuant to section 28-1639, an application for MUMD may include a request for up to a 5-percent reduction in the total parking requirements, and such request (or lesser reduction) may be granted if all of the following are satisfied:

a)

The MUMD is located within a ½ mile radius of a passenger rail or intercity bus station or a transit hub where 2 or more transit routes converge (a "major transit stop"), as determined by the city, which may include, but are not limited to: rail; fixed guideway; streetcar; or bus systems on dedicated facilities or available roadway connections;

b)

There is a continuous public sidewalk or multi-use path from the proposed MUMD to the major transit stop (or the proposed MUMD will provide such continuous path); and

c)

The proposed MUMD provides onsite and offsite enhancements to pathways and sidewalks to support pedestrian comfort and other improvements/techniques to achieve the same goal, including, but not limited to: incorporating canopy trees; distinctive pavement; identity, wayfinding, and directional signage; transit infrastructure; and shaded rest areas furnished with appropriate street furniture.

(12)

Equivalency of affordable dwelling units. Affordable dwelling units and market rate units within an MUMD shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed; in no event shall an MUMD structure consist entirely of market rate units. All common areas and amenities within an MUMD shall be accessible and available to all residents (both affordable and market rate units) Access to the required affordable dwelling units in an MUMD shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development; provided that for townhouse-style affordable dwelling units, each unit shall have its own entrance. Additionally, the type of affordable dwelling units (by number of bedrooms) and quantity of such affordable dwelling units in an MUMD shall be approximately proportional to the type of market rate units (by number of bedrooms) and quantity of such market rate units in the MUMD. For purposes herein, "approximately proportional" shall mean that the percentage of each type of unit among the affordable dwelling units shall be within 5 percentage points of the percentage of each type of unit among the market rate dwelling units (e.g. if 25 percent of the market rate units are 2-bedroom units, then between 20 percent and 30 percent of the affordable units shall also be 2-bedroom units, etc., maintaining an approximately proportional distribution of affordable and market rate units and unit types within the MUMD). Provided, however, that if the total number of affordable dwelling units is such that 5 percent results in less than a full unit, then "approximately proportional" shall mean a difference of 1 unit.

(13)

Affordability commitment. Pursuant to the Act, at least 40 percent of the residential units within a proposed MUMD shall be "affordable" as defined in F.S. § 420.0004, and shall remain affordable for a period of at least 30 years. This requirement shall be incorporated as a condition into any administrative approval of an MUMD. Furthermore, as a prerequisite to the issuance of a building permit, the property owner shall execute and deliver to the city for recordation in the public records, on a form approved by the city attorney, a deed restriction in favor of the city ensuring compliance with, and enforcement of, this affordability requirement. Additionally, the property owner shall provide to the city, each year on January 15, copies of all leases then in effect for the affordable units, together with such other documentation necessary to demonstrate that such leases meet the affordability criteria as set forth in F.S. § 420.0004.

(14)

Compliance with land development regulations and comprehensive plan consistency. In addition to the provisions set forth herein, MUMDs shall comply with all other land development regulations applicable to multifamily developments in multifamily residential zoning districts or with all other land development regulations applicable to mixed use developments in the miscellaneous zoning districts, as applicable, and shall be consistent with all provisions of the comprehensive plan, with the exception of provisions establishing allowable density, height and land use. To the extent the land development regulations applicable to multifamily development in multifamily residential zoning districts may vary among such districts, the most restrictive regulations shall apply.

(15)

Compliance with applicable laws and regulations. In addition to the provisions set forth herein, MUMDs shall comply with all other applicable state and local laws and regulations.

(16)

Maximum density; maximum height. With respect to the residential component of an MUMD, the maximum density shall be the highest allowed density on any land in the city where residential development is allowed. The maximum height shall be the highest currently allowed for a commercial or residential development within the city and within 1 mile of the proposed development, or 3 stories, whichever is higher. When determining "highest allowed density" or "highest currently allowed height," the following shall not be considered: (i) development of an MUMD pursuant to the Act/chapter 28, article XV, division 14; (ii) development that is not in compliance with the current zoning code (such as non-conforming structures); or (iii) development with increased height or increased density, if any, allowed as a bonus or incentive (including, without limitation, additional height for enhanced design within the DDRI).

(Ord. No. 5653, § 1, 10-11-23; Ord. No. 5714, § 6, 11-4-24)

The purpose of this division is to establish regulations and requirements for the development of affordable and workforce housing pursuant to the provisions of F.S. § 166.04151(6), (the "statute"), in lands zoned for commercial or industrial purposes ("Commercial Industrial Multifamily Development" or "CIMD"), and is intended to further the following goals:

(1)

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

(2)

Facilitate the orderly development of affordable and workforce housing pursuant to the statute and the city's comprehensive plan;

(3)

Designate the city zoning districts to which this division is applicable;

(4)

Provide for certain locational criteria to ensure that affordable and workforce housing developments are appropriately situated near employment centers, transportation generators/and or attractors, and existing mobility services;

(5)

Establish land development standards applicable to proposed CIMDs that reflect the character of the built environment of the surrounding area within which the CIMD is proposed;

(6)

Establish minimum dwelling unit floor area in order to provide reasonable living conditions;

(7)

Establish a minimum non-residential component (office, restaurant, and/or retail sales or services) for affordable and workforce housing developments, if not within 1/4 mile of 25,000 square feet of existing non-residential floor area (office, restaurant and/or retail sales or services), to reduce vehicle trips and vehicle miles traveled;

(8)

Establish an approval process for affordable and workforce housing projects pursuant to this division 15, including provisions for reduced parking requirements;

(Ord. No. 5684, § 1, 2-13-24)

(1)

For purposes of this division 15, the following definitions shall be applicable in addition to those definitions set forth in section 28-2. Where there is a conflict between the definitions set forth herein, and those set forth in section 28-2, the definitions set forth herein shall control for the purposes of this division 15.

(a)

"Affordable housing" shall mean multifamily and/or mixed-use multifamily development with a minimum of 10% (or more) of the residential units being provided as "affordable," as defined in F.S. § 420.0004;

(b)

"Workforce housing," pursuant to Comprehensive Plan Housing Element Policy HO.1.5.6, shall mean housing with a target income range established at 80% up to 140% of the most recent area median income for the West Palm Beach-Boca Raton-Boynton Beach Florida Metropolitan Division of the Miami-Fort Lauderdale-Pompano Beach Florida Metropolitan statistical area, as published annually by the US Department of Housing and Urban Development, adjusted for family size;

(c)

"Commercial industrial multifamily development" or "CIMD" shall mean a development that includes affordable housing or affordable housing and workforce housing units, is located on lands zoned for commercial or industrial purposes, and is approved pursuant to this division 15.

(d)

"Major transit stop" shall mean a passenger rail or intercity bus station or a transit hub where 2 or more transit routes converge, as determined by the city, which may include, but are not limited to: rail; fixed guideway; streetcar; or bus systems on dedicated facilities or available roadway connections.

(2)

Provided that location requirements set forth in subsection (3) are satisfied, CIMDs shall be permitted, and the regulations set forth in this division shall be applicable to CIMDs, only in the following zoning districts of the city, which zoning districts are compatible with the planned mobility (PM) and/or enhanced mobility (as applicable) future land use designation of the city's comprehensive plan:

R-B-1 - Motel business

B-2 - Community business

MC - Medical Center

POI - Professional, office, and institutional

City CG - Commercial general

City CHO - Commercial high office

LIRP - Light industrial research park

M-3 - Manufacturing industrial

W-1 - Warehouse district

(3)

Location. A property shall be eligible for consideration of approval pursuant to this Division if it meets all of the following criteria:

(a)

The property is designated planned mobility (PM) or enhanced mobility (EM) on the future land use map of the city's comprehensive plan;

(b)

The property does not abut any property that either (i) includes an existing single-family residence (as of the date of the approval of the CIMD development order), or (ii) is located wholly or partly in a single-family residential zoning district. For purposes herein, "abutting" shall mean sharing a common boundary; and

(c)

The property is not located east of the Atlantic Intracoastal Waterway, abutting East Palmetto Park Road.

(4)

The regulations set forth in this division shall be applicable to CIMDs, and in the event of a conflict between the regulations set forth herein and those set forth in the applicable underlying zoning district, the regulations set forth in this division shall control to the extent of such conflict.

(Ord. No. 5684, § 1, 2-13-24; Ord. No. 5722, § 1, 1-14-25)

(1)

For each proposed CIMD, an application for a site plan must be submitted in accordance with the requirements of chapter 28, article II, division 2, Code of Ordinances, and shall contain all required information as set forth therein.

(2)

The applicable fee to review an application submitted pursuant to this division 15 shall be the same as the fee for PMD applications set forth in the municipal facilities and services user fee schedule.

(3)

Review of the site plan application shall be conducted pursuant to the provisions of section 28-54(1), Code of Ordinances; provided, however, that the city council shall take final action on such application after review and recommendation by the planning and zoning board.

(4)

Public notice for the application shall be the same as required for a site plan pursuant to section 28-8.

(5)

Applications for development approval submitted pursuant to this division 15 shall be processed in accordance with the procedures and requirements set forth in section 28-9, Code of Ordinances. Upon receipt of an application, the city will make reasonable efforts to expedite the processing of the application for final action, provided that the application is complete and the applicant timely responds to requests for missing or deficient applicant components and information.

(Ord. No. 5684, § 1, 2-13-24)

(1)

Intensity/density. The following maximum intensity/density limits shall apply to any CIMD:

(a)

The maximum density of a CIMD shall be 20.0 dwelling units per acre. Provided, however, that where a CIMD includes 5% (or more) of the total number of units as workforce housing (in addition to 10% or more of the total number of units provided as affordable housing), the maximum density shall be 25.0 dwelling units per acre. As an additional bonus and incentive to encourage such development at the Boca Raton Tri-Rail Station, the maximum density may be increased to 42.0 dwelling units per acre, if in the sole determination of the city manager or designee, both the residential and non-residential components of the CIMD are physically and functionally integrated in a manner that encourages interaction with the Boca Raton Tri-Rail Station.

(b)

Except as otherwise provided in this section, the floor area of a CIMD, including the total floor area of all residential uses and the total floor area of all non-residential uses, and any combination thereof, shall be limited, in the aggregate, to a maximum floor area ratio ("FAR") of 1.0, as determined by the development services director. As an additional bonus and incentive to encourage such development at the Boca Raton Tri-Rail Station, the maximum FAR may be increased to 1.18 if in the sole determination of the city manager or designee, both the residential and non-residential components of the CIMD are physically and functionally integrated in a manner that encourages interaction with the Boca Raton Tri-Rail Station. Provided, however, that in any event up to 10% of the total square footage of the CIMD but no more than 25,000 square feet [or, where 5,000 square feet of non-residential floor area pursuant to subsection (2)(b) is greater than 10% of the square footage of the CIMD, then up to 5,000 square feet] may be excluded from the maximum FAR calculation, where such square footage is 1 of, or a combination of, the following:

(i)

Non-residential floor area (office, restaurant and/or retail sales or services) required pursuant to subsection (2)(b), where applicable; and/or

(ii)

Lobbies, amenities or similar common areas devoted to the residential uses of the CIMD.

Except as otherwise provided herein, the terms "floor area" and "floor area ratio" (FAR) shall have the meanings set forth in subsection 28-307(2).

(2)

Required non-residential uses. A CIMD must satisfy at least 1 of the following 2 criteria, either:

(a)

The CIMD is located within 1/4 mile of at least 25,000 square feet of existing (as of the date of the approval of the CIMD development order) non-residential use(s) (office, restaurant and/or retail sales or services); provided, however, that such non-residential floor area must include a minimum of 10,000 square feet of restaurant and/or retail sales or services. Said distance shall be as measured by either an existing or proposed (as part of, and as a condition of, the development) accessible pedestrian route connecting the main building entrance(s) of both the proposed residential use and existing non-residential use(s); or

(b)

The CIMD shall include a non-residential component consisting of at least the greater of: (i) 5,000 square feet, or (ii) 10% of the total square footage of the CIMD up to 25,000 square feet. Such non-residential component shall be devoted to one or more distinct, independent (rather than accessory) uses (office, restaurant and/or retail sales or services); a minimum of 2,000 square feet of such non-residential uses shall be restaurant and/or retail sales or services, which restaurant and/or retail sales or services shall be located on the ground floor of the CIMD. Where ground floor restaurant and/or retail sales or services are included in the CIMD, up to 5,000 square feet of such uses shall be excluded for purposes of calculating minimum required parking.

(3)

Minimum plot size. The minimum plot size for a CIMD shall be 25,000 square feet.

(4)

Maximum building height. The maximum building height, as height is defined in section 28-2, for CIMDs shall be 85 feet. All other buildings on the development site shall continue to be subject the maximum height applicable pursuant to the underlying zoning district regulations.

(5)

Minimum required yards. The minimum required yards for CIMDs shall be as follows:

(a)

Front - 25 feet

(b)

Rear - 25 feet

(c)

Sides - 15 feet

These yard requirements shall be applicable to the site's perimeter for CIMD buildings authorized pursuant to this division 15. All other buildings on the development site shall continue to be subject the minimum yard requirements applicable pursuant to the underlying zoning district regulations. Separation between buildings on the development site shall be as required by the Florida Building Code, as adopted in chapter 19, Code of Ordinances, and the Florida Fire Prevention Code, as adopted in chapter 7, Code of Ordinances.

(6)

Landscaped yards. The first 10 feet of all required yards shall be landscaped, except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises are permitted. The landscaping may include trees, shrubs, hedges flower beds, and lawn areas planted in accordance with the approved landscape plan. All landscaped areas shall be regularly maintained at all times in a healthy growing condition, in a neat and orderly appearance, and free of refuse and debris.

(7)

Sidewalks and walkways. Public sidewalks shall be installed or improved, as applicable, along all street frontages pursuant to section 23-162. Additionally, concrete walkways at least three feet in width shall be installed from the exterior pedestrian entrance of all CIMD buildings to the nearest public sidewalk.

(8)

Street trees. Street trees, which shall be canopy/shade trees, shall be provided along all streets fronting the property, and shall be situated in a designated street tree planting zone located between the vehicular travel lanes and the sidewalk, planted at regular intervals of at least every 35 feet on center. The width of the street tree planting zone shall be sufficient to accommodate the proper growth of the trees, as determined by the development services director, but shall not be less than 4 feet in width.

(9)

Minimum floor area of dwelling units. The minimum floor area for all dwelling units shall be as follows:

(a)

Efficiency: 400 square feet

(b)

1 Bedroom: 550 square feet

(c)

2 Bedrooms: 750 square feet

(10)

Open/green space. The minimum open/green space required on all CIMD sites shall be 25%. Plazas, paver driveways that are posted with signs that identify the driveway as a joint vehicular and pedestrian way, sidewalks, covered arcades, gazebos, and other hardscape areas may be counted towards satisfying the minimum open space/green space requirements. In no event shall any portion of a parking area, including any planter islands, be counted as open/green space.

(11)

Accessory buildings. Accessory buildings shall be governed by the provisions of section 12-1295, Code of Ordinances.

(12)

Off-street parking.

(a)

For a CIMD, parking shall be provided at 90% of the amount required by chapter 28, article XVI, Code of Ordinances for each type of use within the CIMD.

(b)

A CIMD that satisfies all of the following criteria shall provide parking in an amount that is equal to 80% of the amount required by chapter 28, article XVI, Code of Ordinances for each type of use within the CIMD:

(i)

The proposed CIMD is within a 1/2 mile radius of a major transit stop;

(ii)

There is a continuous public sidewalk or multi-use path from the proposed CIMD to a major transit stop (or the proposed CIMD will provide such continuous path);

(iii)

The proposed CIMD provides onsite and offsite enhancements to pathways and sidewalks to support pedestrian comfort and other improvements/techniques to achieve the same goal, including, but not limited to: incorporating canopy trees; distinctive pavement; identity, wayfinding, and directional signage; transit infrastructure; and shaded rest areas furnished with appropriate street furniture;

(iv)

The CIMD satisfies all transportation demand management (TDM) requirements set forth in chapter 23, article IV, division 8; and

(v)

A transit subsidy of 50% is provided for those residents and/or employees at the site of the CIMD who purchase monthly passes to Palm Tran or Tri-Rail. This transit subsidy obligation shall be the responsibility of the current property owner or governing body, including any condominium association or successor organization, ensuring continuity in the event of a change in ownership or management structure. Details outlining the execution, enforcement, and continuity of this subsidy shall be incorporated as a condition into any approval of an affordable housing development.

(c)

Parking technical deviations. Proposed CIMDs shall be eligible to apply for a technical deviation pursuant to section 28-1659 for an additional reduction in required parking. The review of such request shall be conducted as part of the site plan review process (and such technical deviation request shall be acted upon by the same body that acts upon the site plan application). Provided, however, it is expressly recognized that the baseline parking requirement for CIMDs is set at a lower threshold—90% or 80% of the standard parking requirement, as delineated under subsections (11)(a) and (11)(b), respectively. This reduced baseline is available in accordance with the Code, rather than as a technical deviation, and therefore shall be a preliminary consideration for the reviewing body.

(13)

Equivalency of affordable dwelling units. Affordable dwelling units and market rate units within a CIMD shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed, such that every CIMD structure contains both affordable and market rate units in approximately equal proportions (within 5 percentage points); in no event shall a CIMD structure consist entirely of market rate units. All common areas and amenities within a CIMD shall be accessible and available to all residents (both affordable and market rate units). Access to the required affordable dwelling units in a CIMD shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development; provided that for townhouse-style affordable dwelling units, each unit shall have its own entrance. Additionally, the type of affordable dwelling units (by number of bedrooms) and quantity of such affordable dwelling units in a CIMD shall be approximately proportional to the type of market rate units (by number of bedrooms) and quantity of such market rate units in the CIMD. For purposes herein, "approximately proportional" shall mean that the percentage of each type of unit among the affordable dwelling units shall be within 5 percentage points of the percentage of each type of unit among the market rate dwelling units (e.g. if 25% of the market rate units are two-bedroom units, then between 20% and 30% of the affordable units shall also be two-bedroom units, etc., maintaining an approximately proportional distribution of affordable and market rate units and unit types within the CIMD). Provided, however, that if the total number of affordable dwelling units is such that 5% results in less than a full unit, then "approximately proportional" shall mean a difference of 1 unit.

(14)

Affordability commitment. At least 10% of the residential units within a proposed CIMD shall be "affordable" as defined in F.S. § 420.0004, and shall remain affordable for a period of at least 30 years. Additionally, any CIMD in which the density is greater than 20.0 dwelling units per acre (up to 25.0 dwelling units per acre, as authorized pursuant to section 28-1644(1)(a), an additional 5% of the residential units within said CIMD shall meet the requirements for "workforce housing" set forth in Comprehensive Plan Housing Element Policy HO. 1.5.6, and shall continue to meet said requirements for a period of at least 30 years. These requirements shall be incorporated as a condition into any approval of a CIMD. Furthermore, as a prerequisite to the issuance of a building permit, the property owner shall execute and deliver to the city for recordation in the public records, on a form approved by the city attorney, a covenant running with the land and/or deed restriction in favor of the city ensuring compliance with, and enforcement of, these affordable and (where applicable) workforce housing requirements. Additionally, the property owner shall provide to the city, each year on January 15, copies of all leases then in effect for the affordable (and workforce, as applicable) units, together with such other documentation necessary to demonstrate that such leases meet the affordability criteria set forth in F.S. § 420.0004, or workforce housing requirements set forth in Comprehensive Plan Housing Element Policy HO.1.5.6, as applicable.

(Ord. No. 5684, § 1, 2-13-24; Ord. No. 5714, § 7, 11-4-24; Ord. No. 5716, § 1, 1-14-25)

(1)

Except as provided in subsection (4) of this section, the maximum number of multifamily dwelling units that may be authorized by development orders pursuant to this division 15 is 2,500 (hereafter referred to as the "unit bank").

(2)

The multifamily residential units within the Unit Bank shall be available and allocated on a first come, first served basis until the threshold of 2,500 units is reached. For purposes hereof, "first come, first served" shall be the first to secure a CIMD development approval.

(3)

Upon the authorization of 2,500 multifamily dwelling units, the unit bank will be considered exhausted, and no additional multifamily dwelling units shall be approved pursuant to this division 15. Should the unit bank be exhausted, a waiting list will be established for parties interested in obtaining potential future allocations. This list will be used in the event that any CIMD development order expires.

(4)

In addition to the unit bank, a maximum of an additional 340 multifamily dwelling units may be authorized by a development order for a CIMD that includes, under the same site plan, the Boca Raton Tri-Rail Station if, in the sole determination of the city manager or designee, both the residential and non-residential components of the CIMD are physically and functionally integrated in a manner to encourage interaction with the Boca Raton Tri-Rail Station.

(5)

The authorization of units under this section does not establish any development rights, entitlements, guarantees or other rights regarding the eventual approval or authorization of any multifamily dwelling units.

(6)

This division 15 shall expire and become null and void on October 1, 2033 (the "sunset date"). After the sunset date, (i) all structures and improvements constructed through completion and issuance of a certificate of occupancy pursuant to a CIMD development order prior to the sunset date under the terms of division 15, and (ii) all structures and improvements authorized by an active CIMD development order for which a building permit was obtained prior to the sunset date and construction is completed through certificate of occupancy after the sunset date, shall be deemed legally conforming. In addition, upon the sunset date, lands previously eligible for CIMD development pursuant to this division 15 may exist, develop or redevelop under the non-CIMD provisions of the underlying zoning district regulations. In the event a CIMD development order expires or is abandoned, subsequent development on the property shall adhere to the non-CIMD provisions of the underlying zoning district regulations.

(a)

Development orders authorized pursuant to this division 15 that have not expired as of the sunset date shall, for purposes hereof, be deemed an "active CIMD development order" (through its expiration date).

(b)

No CIMD site plans shall be approved pursuant to this division 15 on or after the date of the sunset date.

(c)

Subsequent to the sunset date:

1.

An active CIMD development order may be amended in accordance with the procedures and regulations of division 15, but the expiration date shall not be extended, and the construction of additional building square footage and/or additional residential units shall not be granted;

2.

All lawful structures constructed (through completion and issuance of a certificate of occupancy) pursuant to an active CIMD development order under the terms of division 15 shall remain lawful conforming structures and shall be permitted to be modified and reconstructed pursuant to the procedures and regulations of division 15;

3.

All lawful uses commenced pursuant to an active CIMD development order under the terms of division 15 shall remain lawful conforming uses.

(d)

Subsequent to the sunset date, an active CIMD development order shall remain in full force and effect until:

1.

Expiration pursuant to the terms of the active CIMD development order or of division 15; or

2.

Expiration of any building permit timely obtained for improvements authorized by a CIMD active development order.

(e)

Subsequent to the sunset date, the active CIMD development order shall be null and void and of no further force and effect with respect to improvements for which the site plan expired or was abandoned or the building permit has expired.

(Ord. No. 5684, § 1, 2-13-24; Ord. No. 5716, § 2, 1-14-25)

Except as provided herein, a CIMD authorized under this Division shall comply with all other applicable laws and regulations.

(Ord. No. 5684, § 1, 2-13-24)

Editor's note— Ord. No. 5684, § 1, adopted Feb. 13, 2024, set out provisions intended for use as § 28-1646. Inasmuch as there were already provisions so designated, said section has been codified herein as § 28-1645.1 at the discretion of the editor.