Cooper City City Zoning Code

ARTICLE V

- SUPPLEMENTARY REGULATIONS

Sec. 23-80.- Accessory and mechanical equipment.

(a)

For purposes of this section, accessory and mechanical equipment shall include, but not be limited to, air conditioners, refrigeration condensers, and/or electric fans attendant thereto, except those that are wind driven; exhaust equipment, elevator towers and equipment, antennas not covered in section 23-87, antennas, outside storage facilities and fuel tanks.

(b)

Accessory and mechanical equipment incidental to any use or structure and not exceeding four feet in height above ground level shall be permitted within required yards in all zoning districts.

(c)

The placement of all accessory and mechanical equipment shall be in compliance with the City's Code, the Florida Building Code, Broward edition, and applicable fire codes.

(d)

All accessory and mechanical equipment utilized in the support of any use or structure located in all zoning districts, except A-1, E-3, E-2, E-1, R-1-A, R-1-B, R-1-C, and R-1-D, shall be hidden or screened as follows:

(1)

Roofscapes. The height of all exterior walls of all buildings shall be higher than the total height of all accessory and mechanical equipment to be installed on the roof of any building. The maximum height of the exterior of a building shall not exceed the maximum height limitation included in the zoning district.

(2)

Ground level. All accessory and mechanical equipment located at ground level shall be kept hidden from view behind a wall, mature landscaping (subject to the approval of the Planning and Zoning Board) or fence made a permanent part of the structure and showing and approved on site plans. The screening wall shall be a minimum of two feet higher than the top of all equipment to be screened. No accessory equipment shall exceed four feet in height above ground level within any and all setback areas.

(3)

Below ground level. Accessory and mechanical equipment may be placed underground, wherever permitted by this and other appropriate codes, so as to be hidden from public view. All necessary exhaust or venting apparatus that is to be above ground shall be subject to the provisions of subsection (d)(2) above.

(e)

All structures and uses, in existence prior to the effective date of this section, shall be grandfathered and not subject to the provisions herein. All proposed revisions to existing structures, or changes in use, wherein a building permit or change or new occupational license is required, shall come under the regulations of this section before approval of the building permit or occupational license is given.

Sec. 23-81. - Accessory apartment.

An accessory apartment shall be subject to the following supplementary regulations.

(a)

An accessory apartment shall be permitted only as an accessory dwelling unit to a single-family dwelling.

(b)

No more than one accessory apartment shall be permitted per single-family lot.

(c)

In the event that an accessory apartment is created through an addition to or conversion of part of an existing single-family dwelling, no new entrance visible from the street shall be created. No private garage shall be converted to an accessory apartment.

(d)

No accessory apartment shall be created or occupied for living purposes unless the owner of the property shall occupy the principal single-family dwelling unit on the premises, except for bona fide temporary absences.

(e)

No accessory dwelling unit shall be rented, leased or otherwise operated for profit. No accessory dwelling unit shall be occupied by other than by the following:

(1)

A person or persons interrelated by bonds of consanguinity, marriage or legal adoption with an occupant of the principal dwelling unit;

(2)

One or more servants employed full-time on the premises; or

(3)

Gratuitous guests.

Sec. 23-82. - Accessory buildings.

Accessory buildings shall be subject to the same regulations as the principal building on the lot, except as otherwise specifically provided in this Code, provided that the construction of accessory buildings on a lot designed, intended or used for a principal single-family or duplex dwelling shall be subject to the following supplementary regulations.

(a)

The following accessory buildings shall be permitted:

(1)

Private garage. A private garage may be constructed, provided it shall not be over 20 feet in height, nor shall it be constructed within required yards. No living quarters shall be permitted in a private garage. Minimum dimensions shall be 12 feet by 20 feet and have a roll up door for vehicle storage.

(2)

Storage shed. A storage shed may be constructed, provided it shall not be over eight feet in height, nor shall it measure larger than 150 square feet in overall size.

(3)

Chickee hut. A chickee hut or other structure utilizing a thatched type roof not greater than 14 feet in height may be constructed, subject to the applicable provisions of the Florida Building Code, as same may be amended.

(4)

Gazebo or pergola. A gazebo or pergola may be constructed, provided it shall not be over 14 feet in height, nor shall it exceed 230 square feet in overall size.

(5)

A storage shed, chickee hut, gazebo or pergola may be constructed within all required side or rear yard setbacks, provided that such accessory building shall not be constructed closer than six feet from the rear or side property line or the minimum required setback, whichever is less. Such accessory building may be constructed three feet from the rear or interior side lot line, provided there is a six foot high privacy fence constructed along the rear/interior side lot line, and further provided that if there are any easements within this area, easement releases/approvals must be obtained from responsible utilities and/or other appropriate agencies before a building permit may be issued. Such accessory building shall be counted in the calculation of building coverage.

(6)

Canopies or fixed awnings. A canopy or fixed awning shall be defined as a permanent, non-retractable, unenclosed shelter attached to or extending from a building, or a free-standing permanent shelter made of fabric, plastic, vinyl or other non-rigid material, supported by a frame.

Canopies or fixed awnings may be constructed within required side or rear yard setbacks, provided that such accessory building shall not be constructed closer than six feet from the rear or side property line, or the minimum required setback, whichever is less. Canopies or fixed awnings may be constructed three feet from the rear or interior side lot line, provided there is a six foot high privacy fence constructed along the rear/interior side lot line, and further provided that if there are any easements within this area, easement releases/approvals must be obtained from responsible utilities and/or other appropriate agencies before a building permit may be issued. Such accessory building shall be counted in the calculation of building coverage.

Canopies or fixed awnings shall not exceed 14 feet in height.

(b)

No accessory buildings shall be constructed, placed, or erected, or permitted to be constructed unless it is done at the same time or subsequent to the construction of the residence.

(c)

No accessory building shall be built in the front yard.

(d)

No more than two accessory buildings shall be constructed on any lot, provided the total area of accessory buildings shall not be greater than 35 percent of the rear yard area.

(e)

All accessory buildings shall be maintained by the property owner free of any dirt, grime, stains, mold, mildew, peeling, rips, tears and free from any signs of deterioration.

(Ord. No. 05-01-02, § 1, 1-25-05; Ord. No. 21-17, § 2, 5-25-21; Ord. No. 23-6, § 3, 3-28-23; Ord. No. 23-22, § 2, 10-24-23)

Sec. 23-83. - Setback requirements—Swimming pools.

(a)

If deemed advisable by the Building Department to issue a pool and/or screen enclosure permit, after investigation as to its propriety, same shall be issued by the Building Department to the owner permitting the construction of a swimming pool and/or screen enclosure to six feet from the rear lot line and six feet from the interior side lot line. Existing pools with a closed building permit as of October 13, 2020 may construct a screen enclosure within five feet of the rear lot line and five feet from the interior side lot line. In no event shall a permit be issued for construction of a pool and/or screen enclosure that will encroach upon a utility easement. If a pool and/ or screen enclosure is proposed for an easement dedicated to a drainage district or any other type of easement, the owner shall receive approval for such encroachment from any and all parties to which the easement is dedicated. Screened enclosures, or permanent fences or wall (minimum five feet in height) shall be required to surround all in-ground swimming pools, all above-ground swimming pools, therapeutic pools, hot tubs and spas (for this section these shall all be generally referred to as "pools"). This is to include all features classified with pools by the Florida Building Code but not to include other items such as portable toddler's wading pools. Permanent fencing shall be of a design that would require a building permit for installation such as a chain link fence, shadowbox fence, picket fence, or a board-on-board fence and would not be able to be readily removed (not what is commonly referred to as a baby guard swimming pool fence, "baby fence" or mesh safety fence). A fence shall be considered to be able to be readily removed if it is designed in such a way that once the fence is taken down the Florida Building Code would not require a building permit for it to be put back in place. Therefore, a permanent fence would require a building permit each and any time it is put in place. Permanent fences and screen enclosures shall meet any and all requirements of Florida Building Code including any applicable requirements for any gate(s) and latch(es).

(b)

In addition to the above, townhomes or other non-single-family detached structures, but not including duplexes, which include a rear yard designated by an approved site plan with an individual unit, may further reduce the required setbacks for pools, screen enclosures and/or enclosures as specified below. This section shall be effective to all townhomes or other non-single family detached structures, but not including duplexes, that have received a certificate of occupancy (CO) as of the effective date of this section (June 19, 2007). Any townhome or other non-single family detached structure, but not including duplexes, which has not received a CO as of the effective date of this section (June 19, 2007) may petition to utilize the provisions of this section with approval of a site plan or site plan amendment application. Such petition to utilize these provisions shall be at the discretion of the City Commission and are not a regulation by right. This section for such multi-family structures shall apply to pools, screen enclosures, canopies/fixed awnings and/or enclosures which include screen walls and may have solid roofs. For such multi-family units the rear and/or interior side setback may be further reduced as described below for a pool or such enclosures provided all provisions of the Florida Building Code are satisfied for proper construction of such structure. In addition to the reduction to the interior side setback adjacent to another attached unit, a unit at the end of the row of a building may also reduce the setback as described below for a side which is not adjacent to an attached unit provided that the structure remains within the area designated for that unit by an approved site plan and does not reduce any required open space or common area that separates the area designated to such unit from another building, street or the property line for the overall development. When the above conditions are met a side setback may be reduced to zero. When the above conditions are met the setback may be reduced to zero for the rear provided there is at least six feet of common area abutting the rear of the individual unit area. If there is not at least six feet of common area abutting the rear of the individual unit area the rear setback within the individual unit area may only be reduced to the extent that at least six feet is maintained by combining the common area and the reduced setback. This section does not provide exception to any structures with any portion of the wall as solid other than a solid wall approved by a site plan for the overall development. The provisions of this section are separate from any regulations of an owner's association or other entity from which an owner must receive authorization for construction. Such association authorization may include stipulations for a bond or other surety for restitution for potential damage to adjacent property or common area.

For the zero lot line side of a zero lot line home or center common lot line of a duplex, the required setback for those lines may be further reduced to three feet for a screen enclosure or canopy/fixed awning but not for a pool or other enclosures.

For the zero lot line side of a zero lot line home or center common lot line of a duplex, the required setback for those lines may only be reduced to six feet for a pool. The provisions of this section are separate from any regulations of an owner's association or other entity from which an owner must receive authorization, if any exist, for construction. If such association exists, such association authorization may include stipulations for a bond or other surety for restitution for potential damage to adjacent property or common area.

(c)

Residential property shall be defined for the purposes of this section as those certain zoning classifications including TH-1, those beginning with the letter "R" and the PUD district, as set forth in this chapter.

(d)

A violation(s) of this section shall be prosecuted in accordance with Chapter 13, Article VI, of Community Appearance Board or through any other supplemental municipal code or ordinance enforcement procedures available to the City under the Florida Statutes, Community Appearance Board, or both.

(Ord. No. 07-6-1, § 1; 06-19-07; Ord. No. 11-4-1, § 2, 4-26-11; Ord. No. 20-9-4, § 2, 10-13-20)

Sec. 23-84. - Accessory uses.

In addition to the principal uses permitted in each district, each principal use shall be deemed to include activities customarily associated with, and appropriate, incidental, and subordinate to the principal activity when located on the same lot as such principal activity (except off-site parking). Such accessory activities shall be controlled in the same manner as the principal activities within such type except as otherwise expressly provided in this chapter. Such accessory activities include, but are not limited to, the following activities, subject to the conditions set forth below.

(a)

Boat facilities. Noncommercial boat piers, slips or boathouses for docking of private water craft shall be permitted accessory uses for lots with waterfront access, subject to section 23-87, boat landings, docks, piers.

(b)

Home occupation. A home occupation shall be allowed as an accessory use to a single-family dwelling unit, limited by the regulations in chapter 9 of Community Appearance Board.

(c)

Office buildings. Buildings used primarily for business and professional or medical office uses may also include commercial establishments providing goods and services to the patrons and employees of the principal uses, subject to the following supplementary regulations.

(1)

The aggregate gross interior floor area of the accessory uses shall not exceed five percent of the total gross floor area of the office park or five percent of the gross floor area of the building in which the accessory uses are located.

(2)

The permitted accessory uses shall include only the following:

Newsstand;

Florist; and/or

Barbershop or beauty shop.

(d)

Parking. Off-street parking serving a principal activity and complying with the provisions of chapter 25, article II, off-street parking, shall be considered an accessory use.

(e)

Retail manufacturing. Production of goods for sale or processing of items for a fee by a firm engaged in a principal commercial activity on the same lot shall be considered an accessory use, but only if:

(1)

Such manufacturing or processing shall be limited to baking, confectionery, dressmaking, dyeing, laundering, dry cleaning, printing, tailoring, upholstering and similar activities of a no more objectionable character.

(2)

All such manufacturing or processing shall be done on the premises;

(3)

All goods so produced and all items so processed shall be sold or charged for at retail on the premises.

(f)

Storage. Storage of goods sold by a principal commercial activity engaged in by the same firm on the same lot shall be considered an accessory use.

(g)

Temporary real estate sales. Temporary conduct of a real estate sales office that is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots shall be considered an accessory use.

(h)

Utility lines. Public utility transmission lines such as underground cables or conduits; gas, water, oil or sewer, mains or pipes; telephone, telegraph, electric light and power lines shall be accessory to any permitted use.

(Ord. No. 10-5-1, § 4, 5-25-10)

Sec. 23-85. - Adult entertainment.

(a)

Definitions. The following words and phrases, when used in this article shall have the meanings respectively ascribed to them:

Adult bookstore means a place where books, magazines, records, photographs or moving pictures are sold or a part of any business set aside as a place where books, magazines, records, photographs or moving pictures are sold, which has as its principal purpose the offering for sale to adults of books, magazines, records, photographs, moving pictures or other merchandise which have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or to "specified anatomical areas."

Adult motel or hotel means a place where motion pictures are shown in rooms designed primarily for lodging, which motion pictures have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or to "specified anatomical areas."

Adult motion picture theater means a place where motion pictures are shown, or a section, department or part of any business set aside for the purpose of showing of motion pictures, which has as its principal or incidental purpose the offering for viewing to adults of motion pictures which have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or to "specified anatomical areas".

Cabaret means a place that features topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonator, nude entertainers or similar entertainers.

Massage parlor means a business establishment that provides massage and/or body manipulation services. This definition shall not apply to the following individuals while engaged in the performance of their duties of their respective professions:

(1)

Physicians, surgeons, chiropractors, osteopaths, physical therapists, masseurs or masseuses who are duly licensed to practice their respective professions in the state;

(2)

Nurses who are registered under the laws of the state; and

(3)

Barbers and beauticians who are duly licensed under the laws of the state, except that this exemption shall apply solely to the massaging of the shoulders, neck, face, scalp and hair of the customer or client.

School means for the purpose of this section, an educational center which includes kindergarten or a higher grade, including elementary, secondary, business, technical or trade schools, either public or private.

Specified anatomical areas means any of the following:

(1)

Less than completely and opaquely covered:

Human genitals, pubic region;

Buttock; or

Female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means any of the following:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(b)

Distance requirements. No adult bookstore, adult motion picture theater, adult hotel or motel, cabaret or massage parlor shall be located:

(1)

Within a one-mile radius, property line to property line, of any other of the aforementioned establishments, or

(2)

Within 1,000 feet, property line to property line, of:

Any establishment selling beer or intoxicating liquor for consumption on the premises;

Hotels, motels, or public lodging houses;

Churches;

School, public or private;

Day care centers; or

Any area zoned for residential uses.

Sec. 23-86. - Amusement centers.

(a)

Definitions. The following words and phrases, when used in this section shall have the meanings respectively ascribed to them:

Amusement center, accessory use means an establishment the primary business of which is to offer goods or services other than amusement games and which offers amusement games to the general public for a profit. Any establishment containing eight to 15 amusement games shall be deemed an accessory use amusement center.

Amusement center, incidental use means an establishment the primary business of which is to offer goods or services other than amusement games and which offers amusement games to the general public for a profit. Any establishment containing one to seven amusement games shall be deemed an incidental use amusement center.

Amusement center, primary use means an establishment the primary use of which is to offers amusement games to the general public for profit. Any establishment containing 50 or more amusement games shall be deemed an primary use amusement center regardless of any other services offered or sold at the establishment.

Amusement game means any coin-operated game or device designed and manufactured only for bona fide amusement purposes which game or device is played by the application of skill. Amusement games shall also mean any machine or device which, upon the insertion of a coin or token, or upon payment of a fee, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as electronic games, pinball machines, and all games, operations or transactions under whatever name they may be indicated. The term does not include vending machines, in which are not incorporated games or amusement features, nor does the term include any coin-operated musical devices or rides.

(b)

Primary use amusement centers. Primary use amusement centers shall be subject to the following supplementary regulations.

(1)

The business address of primary use amusement centers shall require conditional use approval, pursuant to section 23-152, conditional use.

(2)

The business address must lie within a B-2, B-3, PCD, or commercial portion of a PMUD zoning district.

(3)

No primary use amusement center shall operate closer than 200 50 (250) feet from residentially zoned property, unless:

Separated from the residentially zoned property by a public right-of-way greater than 100 feet in width; or

Separated from the residentially zoned property a distance of not less than 160 feet when a boundary wall, a minimum of seven feet high, is constructed along the residentially zoned property.

Measurement shall be from the exit or entrance of the amusement center nearest the residentially zoned property in a straight line to the nearest boundary line of the residentially zoned property.

(4)

No primary use amusement center shall be located closer than 1,000 feet from any public or private elementary or secondary school or school playground. The method of measurement shall be from the exit or entrance of the amusement center nearest the public or private elementary or secondary school or public or private school playground in a straight line to the nearest boundary of that public or private elementary or secondary school or school playground.

(5)

There shall be a maximum of one primary use or accessory use amusement center for each commercial center within the City, as shown on a site plan previously approved by the City Commission.

(6)

A minimum gross floor area of 40 square feet for each machine shall be provided.

(7)

That portion of the net floor area primarily designated for the use of amusement games on the architectural building plans, shall not be greater than 2,500 square feet of net floor area. For the purposes of this section, net floor area primarily designated for the use of amusement games shall exclude rest rooms, counters for retail sales, storage rooms, office space, lounge areas, and other accessory use areas. Nothing in this section shall prohibit other accessory uses adjacent to the area primarily designated for the use of amusement games provided such accessory uses conform with all the provisions of this Code.

(8)

No persons from five through and including 16 years of age shall use amusement games from 7:00 a.m. to 4:00 p.m., when school is in session, in primary use amusement centers.

(9)

No primary use amusement center shall have more than 62 amusement games, including amusement game tables.

(10)

The hours of operation of the amusement centers shall comply with all laws, ordinances and regulations of the City and the state.

(11)

Conduct of business shall be supervised at all times by a minimum of one person over the age of 21.

(12)

Each amusement game shall indicate its rating as defined by the American Amusement Machine Association (AAMA) and the Amusement and Music Operators Association (AMOA), as such may be amended from time to time. A poster or other similar representation of such rating system shall be posted in a conspicuous location where it may be clearly seen in or about any area of use of any amusement game(s).

(c)

Accessory use amusement centers. Accessory use amusement centers shall be subject to the following supplementary regulations.

(1)

The business address of accessory use amusement centers shall require conditional use approval, pursuant to section 23-152, conditional use.

(2)

The business address shall lie within a B-1, B-2, B-3, PCD, or commercial portion of a PMUD zoning district.

(3)

There shall be a maximum of one primary use or accessory use amusement center for each commercial center within the City, as shown on a site plan previously approved by the City Commission.

(4)

Accessory use amusement centers shall be limited to the following uses: restaurants with bars, lounges, taverns, bars, recreational facilities and transportation facilities.

(5)

That portion of an accessory use amusement center primarily designated for the use of amusement games shall not exceed 20 percent of the net floor area of the center, as defined in subsection (b)(7) above.

(6)

A minimum gross floor area of 25 square feet for each machine shall be provided. The applicant shall submit a concept plan with a minimum amount of detail for review and approval by the City Clerk. The purpose of the concept plan shall be to ascertain compliance with the minimum floor area requirement.

(7)

No persons from five through and including 16 years of age shall use amusement games from 7:00 a.m. to 4:00 p.m., when school is in session, in accessory use amusement centers.

(8)

The hours of operation of the amusement center shall comply with all laws, ordinances and regulations of the City and the state.

(9)

The conduct of the business shall be supervised at all times by a minimum of one person over the age of 21.

(10)

(d)

Incidental use amusement centers. Incidental use amusement centers shall be a permitted use subject to the following supplementary regulations.

(1)

The business address shall lie within a B-1, B-2, B-3, PCD or commercial portion of a PMUD zoning district.

(2)

No incidental use amusement center shall operate closer than 60 feet from residentially zoned property.

Measurement shall be from the exit or entrance of the amusement center nearest the residentially zoned property in a straight line to the nearest boundary line of the residentially zoned property.

(3)

Incidental use amusement centers shall be limited to the following uses: restaurants, lounges, taverns, bars, recreational facilities and transportation facilities.

(4)

No persons from five through and including 16 years of age shall use amusement games from 7:00 a.m. to 4:00 p.m., when school is in session, in incidental use amusement centers.

(5)

That portion of an incidental use amusement center primarily designated for the use of amusement games shall not exceed 15 percent of the net floor area of the center, as defined in subsection (b)(7) above.

(6)

(7)

The hours of operation of the amusement center shall comply with all laws, ordinances and regulations of the City and the state.

(8)

The conduct of the business shall be supervised at all times by a minimum of one person over the age of 21.

(9)

(e)

Prohibited in certain stores. No primary use, accessory use or incidental use amusement center shall be allowed in commercial establishments, the primary business of which is to sell packaged foods and goods not prepared for consumption on the premises, including convenience food stores. This in no way prohibits the operation of amusement games in restaurants.

(f)

Licensing requirement.

(1)

License required. No person shall display for public patronage or keep for operation any amusement center or device without first having obtained a proper license from the City as provided in chapter 9, local business tax receipts, of the City Code.

(2)

Application requirements. Application for a license to operate an incidental use, primary use or accessory use amusement center shall be made on forms provided by the City Clerk, which application shall be filed by the applicant with the City Clerk and shall contain the following information:

Address and name of the owner, lessor or other person in control of the establishment or establishments wherein the amusement devices are proposed to be located hereinafter called applicant;

Business address of applicant;

Residence address of applicant;

Date and place of birth of applicant (no license shall be issued to any individual under the age of 18);

Citizenship of the applicant;

If the applicant has been convicted of any felony or misdemeanor, a statement concerning same, giving the time and place of such convictions;

A statement that the devices for which the license is sought is not intended to be, and will not be permitted to be used for any gambling purpose whatsoever;

A description of the amusement devices and the manner in which they are to be placed and operated;

A statement of the total number of such devices currently on the premises, if any, or proposed on the premises, and a description of each;

A statement of the applicant's interest in or title to the devices for which a license is sought;

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in the articles of incorporation, or charter, together with state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of the corporation. The applicant shall provide proof that it is licensed and active in the state, by providing a computer printout, obtained by the applicant from the Florida secretary of state within two months prior to the application date.

If the applicant is a partnership, the application shall set forth the names and residence addresses of each of the partners, including limited partners.

If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Court Clerk.

If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporation applicants shall apply.

The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing official. Such person shall complete and sign all application forms required of an individual applicant under this section. The corporation's or partnership's responsible managing officer must at all times meet all of the requirements set forth for licenses by this section, or the corporation or partnership license shall be suspended until a responsible managing officer who does meet all such requirements is designated. If no such person is named within 90 days, the corporation or partnership license is deemed canceled and a new initial application for license must be filed.

(3)

Management plan requirement. In addition to subsection (f)(2) above the application for a primary use or accessory use amusement center license shall include a management plan which at a minimum shall set forth the following:

A plan for food serving establishments, not including the sale of alcoholic beverages, designed to:

Avoid nuisances and maintain the quiet enjoyment of the property in the immediate area;

Prevent loitering, as defined in this Code;

Provide for the availability of bathroom facilities, as provided for in the Florida Building Code;

Provide for parking of bicycles, based upon a ratio of two parking spaces for every machine with a maximum of ten parking spaces, and the parking spaces shall be located not more that 300 feet from the entrance of the establishment;

Provide for safe traffic conditions, as set forth in this Code regarding parking; and

Prohibit persons from five through and including 16 years of age and under from using amusement games from 7:00 a.m. to 4:00 p.m., if school is in session, and provide for the enforcement thereof.

Provide for actual hours of operation which in no event shall be later than 11:00 p.m. on Sunday through Thursday nights and 12:00 midnight on Friday and Saturday nights;

Minimum number of employees to be on duty at any time, insuring the presence of at least one adult, 21 years of age or older, during hours of operation;

Maximum number of persons permitted on the premises, which number shall not exceed the limits established by the fire marshal.

A management plan for establishments serving alcoholic beverages, whether or not food service is included, designed to:

Avoid nuisances and maintain the quiet enjoyment of the property in the immediate area;

Prevent loitering, as defined in Community Appearance Board;

Provide for the availability of bathroom facilities, as provided for in the Florida Building Code;

Provide for safe traffic conditions, as set forth in Community Appearance Board regarding parking;

Provide that no one under the age of 21 shall be allowed within the establishment unless accompanied by an adult;

Hours of operation shall comply with the provisions of section 3-2 of Community Appearance Board. Nothing contained herein shall be construed to waive or abridge any regulations of the State of Florida, the City of Cooper City, or any other governmental entity relating to the licensing for sale of alcoholic beverages;

Minimum number of employees to be on duty at any time, insuring the presence of at least one adult, 20-one years of age or older, during hours of operation; and

Maximum number of persons permitted on the premises, which number shall not exceed the limits established by the fire marshal.

(4)

Investigation and recommendation. Prior to the consideration by the City Commission of any application for the operation of a primary use amusement center, the license application shall be referred to the Chief of Police, or his licensed designee, by the City Clerk, for the purpose of investigation and the Chief of Police, or his licensed designee, shall be allowed 20 working days to investigate and shall prepare a written recommendation for the City Commission.

(5)

Transfer of license. A license granted under the provisions of this article shall not be transferable from person to person nor place to place and shall be usable only at the place and by the person designated on the license.

(g)

Enforcement.

(1)

Suspension and revocation of license.

In addition to the reasons for suspension and revocation of occupational licenses as described in chapter 9, a license issued under the provisions of this section to an amusement center or for the operation of amusement devices may be suspended or revoked for violation of any provision of the management plan filed with the Chief of Police or any condition imposed by the City Commission, provided written notice of the violation is provided by certified mail, return receipt requested, not less than ten days before such suspension or revocation.

Any interested party may appeal the decision to suspend or revoke a license to the City Commission by filing a written notice of appeal with the City Clerk within ten days of the date of the decision. The City Commission shall hold a hearing on any such appeal, the decision of which shall be final.

(2)

Seizure of unlawful devices.

If any person shall conduct, carry on or manage any amusement device business, or shall operate any such device without obtaining a license therefore, or shall fail to pay the license fee therefore, as provided in chapter 9, the Chief of Police may seize such device and hold same as security for the payment of the license fee, and until the license is obtained or remitted and if the person owning or having control of the possession of such device shall fail, within a period of 30 days to apply for a license or pay any license fee due, then and in that event, the device shall be sold to satisfy the amount of license fee due the City and any device not sold shall be returned to the owner.

If the device is sold for a sum less than the amount of the license fee for which the operator of the device is liable, the operator shall remain liable for the balance of such license fee due and unpaid.

The City shall provide written notice that a license is required by certified mail, return receipt requested, to any person operating amusement games without a license. If such party fails to apply for the license within three business days from the receipt of the notice, the City may seize the game being unlawfully operated.

(h)

Gambling devices not permitted. Nothing in this section shall in any way be construed to authorize, license or permit any gambling or gambling devices not permitted by state law.

(Ord. No. 96-5-3, § 1, 5-14-96; Ord. No. 07-2-1, § 1, 2-13-07)

Sec. 23-87. - Antennas.

(a)

Definitions. For the purpose of this section, the following definitions shall apply:

Antenna means a device used for the reception and/or transmission of electromagnetic energy (electrical impulses with sound or picture elements).

Antenna, dish or satellite dish means a device for the reception and/or transmission of radio signals to and from satellites.

Antenna mast means that portion of an antenna tower which protrudes from the top of the tower to which the antenna is attached.

Antenna tower means a structure used to support an antenna at some height above the ground. Tower means a structure generally constructed of three or more main metallic supporting members located at each corner of a square or equilateral triangle (when viewed from above) with diagonal face bracing either welded or bolted to the main supporting members.

Mast means a tower-like structure used to support an antenna at some height above the ground. Mast means a structure generally consisting of sections of walled (more than 0.187 inch thickness) telescoping lengths of metallic pipe like material.

Mast, push up means a tower-like structure used to support an antenna at some height above the ground. Push up mast means a structure generally consisting of sections of thin (less than ten gauge) telescoping lengths of metallic pipe like material.

(b)

Permitting procedure.

(1)

A building permit shall be required for the construction of an antenna tower, mast or satellite dish. When applying for a building permit for the construction of an antenna tower, mast or satellite dish, either architects drawing(s), engineering drawing(s) or the manufacturers drawing(s) must be submitted to the Building Department, as well as proof of licensing by the Federal Communications Commission.

(2)

No building permit shall be granted until plans have been approved by the Building Department and the antenna tower or mast on which the antenna is to be located has received conditional use approval from the City Commission in accordance with section 23-152, conditional use.

(3)

Individuals seeking to place a satellite dish antenna, or an antenna tower or antenna mast for use by amateur (HAM) radio operators who are licensed by the Federal Communications Commission, on a residential parcel may do so upon meeting those criteria set forth in subsection (c) below, as well as all other applicable ordinances and laws, and neither conditional use approval nor site plan approval shall be required for same.

(c)

General provisions.

(1)

Freestanding antennas, antenna towers and dish antennas may be permitted in all zoning districts.

(2)

Freestanding antennas, antenna towers and dish antennas shall not be constructed or erected in required yards, as defined in the applicable provisions of this Code, and no portion of the antenna shall protrude over the side or rear property line.

(3)

The antenna mast or dish antenna structure and all portions thereof shall be designed and constructed to resist the forces due to wind pressure, and such structure shall meet the minimum requirements of the Florida Building Code regarding wind requirements, using as criteria the wind load areas of the antenna and the antenna mast combined.

(4)

Antenna towers or antenna masts for use by amateur (HAM) radio operators who are licensed by the Federal Communications Commission shall be constructed in accordance with the following provisions.

The height of any such permitted tower or mast and antenna shall not exceed 55 feet when fully extended.

The height of any such push-up mast and antenna shall not exceed 35 feet when descended or in a retracted position, and shall not exceed 55 feet when fully extended.

The maximum permitted width of a tower shall not exceed 18 inches on a square or triangular tower.

The maximum permitted diameter of a mast or push-up mast shall not exceed nine inches.

The antenna tower and all support structures and cables shall meet the same setback requirements as the principal structure.

The antenna and all support structures shall comply with the National Electric Code and Federal regulations governing amateur radio.

Landscaping shall be installed in a manner so as to maximize the screening between residential areas and the antenna and all support structures, and to minimize the view of the structure from any residential areas and public roads and right of ways.

Upon the FCC-licensed operator's cessation of ownership or leasehold rights in the subject antenna and support structures, or upon the loss of his or her federal amateur radio operator's license (whichever shall occur earlier), the owner or operator shall immediately remove all antenna and support structures from the parcel at no expense to the City. If a subsequent owner or leaseholder of a parcel improved with an amateur radio antenna tower or antenna mast is also licensed by the FCC, then, and in that event, the subject antenna and support structures are not required to be removed.

(5)

All antennas and supporting structures associated or used in conjunction with a citizens' radio station, licensed by the Federal Communications Commission, operated from a fixed location must comply with one of the following provisions:

For antennas and supporting structures commencing at ground level, the antenna and its supporting structure shall not exceed 20 feet in height above ground level.

For antennas and supporting structures mounted on a man-made structure other than a tower, mast or pole, the antenna and its supporting structure shall not exceed by more than 20 feet the height of the man-made structure on which it is mounted; however, that no citizens' radio station antenna shall exceed a height of 40 feet from ground level.

(6)

No antenna, other than a freestanding antenna or an antenna falling under the provisions of subsections (c)(3) or (c)(4) above, shall be constructed on a single-family lot to a height in excess of ten feet above the peak of the roof of the residence.

(d)

Special criteria for satellite dish antennas.

(1)

Single-family residential restrictions:

Yard restrictions. Satellite dishes shall be installed only in the following locations:

Free-standing ground dishes shall be six feet from property lines, side and or rear and installed on ground only. No rooftop installations of satellite dishes are permitted, except as provided for in subsection (4) hereof.

No dishes shall be installed in the street yard setbacks.

On corner properties, no portion of the satellite dish antenna may extend beyond the plane of the wall parallel to the street side of the building structure on the property.

Height restrictions. Height shall mean the highest vertical point of any part of the satellite dish antenna in a position perpendicular to the ground.

The height of ground mount satellite dish antenna installation shall be no higher than 14 feet above the existing grade of the property that the dish is to be installed upon.

The maximum diameter of a satellite dish antenna shall not exceed 12 feet if circular or 12 feet at its greatest dimension, if not circular.

Installation requirements.

Permitting.

Application for a permit under this subsection shall be made to the City's Chief Building Official, and shall be accompanied by the required fees as set forth in the adopted schedule of building permit fees, and by plans and specifications and other data requested by the Building Official.

ii.

The plans, specifications and other data to be submitted pursuant to the previous paragraph shall be sufficient to show existing structures, required minimum setbacks, proposed location of the satellite dish antenna, and proposed location of required screening and height of dish according to the provisions herein.

iii.

All satellite dish antennas shall be constructed and installed in accordance with engineered drawings designed to the requirements of the City's code of ordinances and the Florida Building Code, Broward County edition, as same may be amended from time to time.

iv.

Satellite dish antennas shall be compatible in color to the extent possible, with the appearance and character of the neighborhood and the buildings on the land where the satellite dish antenna is located. No bare aluminum dish antennas shall be permitted.

Buffering. Wherever a satellite dish antenna may be observed from an adjacent right-of-way or residentially-zoned property, one of the following buffers shall be required:

The dish shall be screened with shrubs, trees, and/or foliage or other screening. A solid hedge comprised of a minimum of five plants, 36 inches on center and 36 inches in height, minimum, at time of planting.

ii.

Fencing. A wooden fence may also satisfy the requirements of this section and shall not exceed fence height requirements as set forth within section 21-28 of this Code and shall be made of materials compatible with any other fences on the subject property or immediately adjacent properties.

(2)

Non-residential zoning districts. All provisions of section (d)(1) above shall apply for non-residential installations. In addition, roof mounted satellite dish antennas shall be permitted subject to restrictions set forth below:

Specific written approval in recordable form of owner or agent of such non-residentially zoned property prior to application for required site plan amendment.

Proper design according to the Florida Building Code, Broward County edition, and engineering plans for live and dead loads.

Screening of all roof installations shall vertically screen the subject satellite dish antenna using materials and colors compatible with the materials and color of the existing non-residential structure design.

The non-residential satellite dish shall be subject to the site plan amendment procedure required according to chapter 24, subdivision and site plan review of the City's land development regulations.

Height. All non-residential roof installations shall be limited to the vertical height of the subject satellite dish antenna diameter as set forth in subsection (d)(1)(b)(2) of this section or the maximum height restriction of the subject installation's zoning district category, whichever is less.

(3)

Multi-family Residential. All multi-family residential satellite dish antenna installations shall be subject to the requirements set forth in subsection (d)(1) hereinabove. Satellite dish antennas shall also be subject to site plan amendment procedures required pursuant to chapter 24 of the Code. No roof mounted antenna installations shall be allowed in any multi-family zoned residential district including PUD, PRD, R-2, R-3, R-4 and TH-1, except as provided for in subsection (4) hereof.

(4)

Roof mounted satellite dish antennas. Roof mounted satellite dish antennas shall be permitted in single-family and multi-family residentially zoned areas, subject to the restrictions set forth below:

Proper design according to the Florida Building Code, Broward County edition and engineering plans for live and dead loads.

The size of any roof mounted dish shall not exceed 20 inches in diameter.

All residential roof installations shall be limited to the vertical height of the subject satellite dish antenna diameter or the maximum height restriction of the subject installation's zoning district category, whichever is less.

The subject satellite dish may not be mounted forward of the peak or crest of the roof of the structure. If the roof of the structure is flat, then the mounting of the dish shall be subject to restriction (c) hereof; same as the height limitation of the subject zoning district.

(e)

This section shall, in all cases, be construed so as to comply with all applicable federal laws and regulations relating to the construction or location of a satellite dish antenna.

Sec. 23-88. - Telecommunications towers and antennas.

(a)

Intent. The regulations and requirements of this section are intended to:

(1)

Promote the health, safety and general welfare of the citizens by regulating the siting of telecommunications towers and antennas within the City; and ensure compliance with all applicable federal statutory requirements;

(2)

Provide for the appropriate location and development of telecommunications towers and antennas within the City;

(3)

Minimize adverse visual effects of telecommunications towers and antennas through careful design, siting, landscaping and screening and innovative camouflaging techniques;

(4)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and

(5)

Protect residential areas and land uses from potential adverse impacts of telecommunications towers and antennas by maximizing use of any new or existing telecommunications towers through shared use, i.e., co-location, and combining to reduce the number of towers needed.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means a use incidental to, subordinate to, and subservient to the main use of the property. As defined in this section an accessory use is a secondary use.

Antenna means a transmitting and/or receiving device and/or relays used for wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips excluding radar antennas, amateur radio antennas and satellite earth stations.

Antenna support structure means any building or structure, other than a tower, that can be used for location of telecommunications facilities.

Combined antenna means an antenna or an array of antennas designed and utilized to provide services for more than one carrier.

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

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

Master microcell facility means a telecommunications facility consisting of an antenna (as defined above) and related equipment which is located either on a telecommunications tower or affixed to a structure in some fashion for the provision of wireless services.

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

Panel antenna means an array of antennas designed to concentrate a radio signal in a particular area.

Roofline means 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 building.

Search area means the geographic area of the City in which, as determined by certified radio-frequency engineers, the applicant needs to erect or install telecommunications facilities to provide new service or to improve existing services.

Self-support lattice tower means a tapered structure broad at the base and more narrow at the top consisting of cross-members and diagonal bracing and without guyed support.

Stealth facility means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof mounted antennas, antennas integrated into architectural elements, and telecommunications and/or wireless services towers designed to look like light poles, flag poles, power poles, trees or other similar structures.

Stealth/camouflaged monopole means a telecommunications tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors and designed to blend into the surrounding environment. Examples of stealth/camouflaged monopole towers, telecommunications, and/or wireless service towers designed to look like light poles, flag poles, power poles or trees.

Telecommunications facility means a combination of equipment which is located either upon a telecommunications tower or a structure which includes some form of antenna for the purpose of transmitting and receiving wireless services.

Telecommunications tower means a stealth/camouflaged monopole, monopole, self-support/lattice, or guyed tower, constructed as a free-standing structure, containing one or more antennas, used in the provision of wireless services, excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television antennas and satellite earth stations installed in accordance with applicable needs.

Whip antenna means a cylindrical antenna that transmits and/or receives signals in 360 degrees.

(c)

Telecommunications tower sitting in certain zoning districts. Freestanding telecommunications towers shall be located in the following order of hierarchy:

(1)

City-owned property;

(2)

Industrial park, I-l district;

(3)

General business, B-3 district.

City-owned property shall take preference over privately owned property. If the proposed site is other than City-owned property, the applicant shall provide an affidavit stating that there is a demonstrated need for the placement of the facility at that location and that there is not a technically suitable location on City-owned property, available to accommodate the need. Such affidavit shall be subject to review and acceptance by the City. The City may utilize the services of a registered professional engineer or a radio frequency engineer who has at least a four-year engineering degree to confirm the affidavit. The cost of same shall be borne by the applicant.

(1)

Freestanding telecommunications towers shall be deemed a permitted use on any City-owned property in accordance with an executed lease agreement acceptable to the City. The City shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.

The City may, as appropriate, to protect its property and the public interest, establish additional requirements beyond the minimum requirements of a permit for City-owned property. Setback and distance requirements in the City Code and this section may be modified to the extent necessary to provide for the public interest as determined by the City Commission. For designated City-owned property, the City will encourage the installation of telecommunications facilities which have a minimal impact on the surrounding areas and are consistent with the development of the affected area.

(2)

Telecommunications towers shall be deemed a conditional use in Industrial Park, I-1 district. Each conditional use pursuant to this subsection shall be reviewed by the City Commission to determine if said conditional use is appropriate in the area where same is to be placed, based upon the criteria set forth herein, and approval is subject to site plan review in accordance with the City Code.

(3)

Telecommunications towers shall be deemed a conditional use within the General Business, B-3 district. Each conditional use pursuant to this subsection shall be reviewed by the City Commission to determine if said conditional use is appropriate in the area where same is to be placed, based upon the criteria set forth herein, and approval is subject to site plan review in accordance with the City Code.

(4)

Towers as part of existing utility poles shall be permitted as a conditional use, subject to the approval of the City and the owner of the subject pole. No freestanding towers constructed exclusively for wireless service shall be permitted other than as provided in this section. No additional rights other than provided herein shall be deemed created by this designation.

(5)

Telecommunications towers shall only be permitted on properties described in subsections (1), (2) and (3), above, which are eight acres in size or greater.

(6)

Prohibitions. The location of a new telecommunications tower on a property other than those specified in subsections (1) through (4), above, shall be prohibited.

(7)

Time limit on project completion. Once a telecommunications tower is approved by the City, a building permit application shall be submitted within six months (180 days).

(d)

Minimum standards for development of towers. All telecommunications towers must meet the following minimum standards:

(1)

Tower types. To minimize adverse visual impacts, tower types shall be selected based upon the following hierarchy:

Stealth/camouflaged monopole;

Monopole;

Self-support/lattice tower.

The applicant shall be required to demonstrate, in a technical manner acceptable to the City Commission, why each choice in the hierarchy cannot be used for the particular application in order to justify the selection of a tower type lower in the hierarchy.

(2)

Guyed towers shall not be permitted.

(3)

Prior to the issuance of a building, electrical, engineering or a construction permit, a site development plan shall be presented to the City Commission, in accordance with the site plan review procedures within Community Appearance Board. To help ensure compatibility with surrounding land uses, each application for a proposed communications tower shall include the following information:

The exact location of the proposed tower location on a City of Cooper City Official Zoning Map;

The maximum height of the tower;

The location of the proposed tower, placed upon an aerial photograph possessing a scale of not more than one inch equals 300 feet, indicating all adjacent land uses within a radius of 3,000 feet from the property lines of the proposed tower location site.

The names, addresses and telephone numbers of all owners of other towers or antenna support structures within the search area of the proposed new tower site, including City-owned property;

Written documentation that the applicant made diligent but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications facilities on all towers or antenna support structures on City-owned property located within the search area of the proposed tower site;

A delineation of the search area needed for the coverage or capacity;

A line of site analysis which shall include the following information:

An identification of significant existing natural and man-made features adjacent to the proposed tower location, to indicate those features that will provide buffering for adjacent properties and public rights-of-way;

A statement as to the potential visual and aesthetic impacts of the proposed tower on all adjacent residential zoning districts;

An identification of specific points, measured 2,000 feet in each direction from the proposed tower from which the line of sign analysis is presented or the closest accessible public property from each of the above delineated points; and

A graphic illustration of the visual impact of the proposed tower, at a scale that does not exceed five degrees of horizontal distance, presented from specific points identified within the line of sight analysis.

A report shall be submitted, prepared by a licensed professional engineer, which describes the tower height and design, including a cross-section of the structure; through rational engineering analysis demonstrates the tower's compliance with applicable standards as set forth in the building code, applicable to Broward County; and describes the tower's capacity, including number and type of antennas and dishes it can accommodate.

Proof of adequate insurance coverage acceptable to the City, and, if located on City-owned property, naming the City as an additional insured, for any potential damage caused by the tower. Thirty days, notice of cancellation of insurance to the City is required; and

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

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

Indemnify, defend 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 attorney's fees, liabilities, damages, orders, judgments, or decrees sustained by the City or any third party arising out of or by reason of, or resulting from or of each telecommunications facility operator, or its agents, employees, or servants' negligent acts, errors or omissions.

Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the provider's responsibility to indemnify for as long as the tower and/or antenna remains in place.

Every telecommunications service provider, whether on public or private property shall establish a cash security fund or provide the City with an irrevocable letter of credit in the same amount, to secure the payment of removing an antenna or tower and any accessory or appurtenant ground facilities, that has been determined to be abandoned, which term is later defined in section 23-88 (1). The amount to be provided for each tower shall be $25,000; the amount for each antenna array shall be $5,000. In the alternative, at the City's discretion, a telecommunications service provider may, in lieu of a cash security fund or letter of credit, file and maintain with the City a bond with an acceptable surety in the amount of $25,000. The provider and the surety shall be jointly and severally liable under the terms of this bond.

Such other additional information as may be reasonably required by City staff to fully review and evaluate the potential impact of the proposed tower, including, but not limited to: (i) the existing cell sites (latitude, longitude, power levels) to which this proposed site will be a handoff candidate, (ii) an RF plot indicating the coverage of existing sites, and that of the proposed site, (iii) antenna heights and power levels of the proposed site, (iv) a written affidavit stating why the proposed site is necessary for their communications service (e.g., for coverage, capacity, hole-filling, etc.) and a statement that there are no existing alternative sites within the provided search area, and there are no alternative technologies available which could provide the proposed service enhancement without the tower. City staff may utilize the services of a registered professional engineering or radio frequency engineer who has at least a four-year engineering degree to confirm the statements made above. The cost of same shall be borne by the applicant.

(4)

No new tower shall be built, constructed or erected in the City unless such tower is capable of accommodating, at a future date, additional telecommunications facilities owned by other persons and the tower owners agree to comply with subsection (n) hereof, Existing towers. All new towers shall be designed and built to accommodate multiple users; at a minimum, stealth/camouflaged monopole and monopole towers shall be able to accommodate three users and at a minimum, self-support/lattice towers shall be able to accommodate four users. As wireless technology advances, applicants may be required to construct facilities utilizing advancing technologies including, but not limited to combined antennas when determined necessary for health, safety, welfare, aesthetics and compatible with providers' technical capacity and coverage requirements. The applicant shall state in any application for permit that it will, as a condition of issuance of the permit, accommodate antenna facilities of other providers, on a nondiscriminatory basis on terms which are reasonable in the industry unless the applicant can affirmatively demonstrate, based on verifiable objective data, why it cannot do so. Refusal to continually comply with this obligation shall be a violation of this section and shall be grounds for revoking applicant's permit.

(5)

Non-interference. Each application to allow construction of a telecommunications tower shall include a certified statement, prepared by a radio frequency engineer who has at least a four-year engineering degree or a licensed professional engineer, that the construction and placement of the tower, will not necessarily interfere with public safety communications and the usual customary transmission or reception of radio and television service enjoyed by adjacent residential and non-residential properties. A statement shall be prepared by a licensed professional engineer or a radio frequency engineer who has at least a four-year engineering degree, identifying any interference that may result from the proposed construction and placement.

(6)

Access. A parcel of land upon which a tower is located must provide access during normal business hours to each tower location.

(7)

Each application for a telecommunications tower may be required to include a statement that there is no objection from other federal or state agencies that may regulate telecommunications tower siting, design and construction. All proposed telecommunications towers shall comply with current radio frequency emissions standards of the Federal Communications Commission, or other legally regulating body. Prior to the issuance of a building permit, the applicant shall provide evidence that the telecommunications towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations.

(8)

Requirements in this section may be waived by the City Commission where it is determined that based upon site, location or facility, such waiver is in the best interest of the health, safety, welfare or aesthetics of the City and in the best interest of telecommunication service to the community.

(9)

Public notification. Within 30 days of its receipt by the City, notice of an application for a telecommunications tower shall be sent via certified mail to all property owners within a 1,500 foot radius of the affected property. This notice shall include the date, time and place of a workshop meeting to be hosted by City staff at which time the affected residents can review the application. The applicant shall provide the notification mailing labels and shall pay the City's costs for the preparation of the notification letters and the mailing as well as the cost of the certified mailing.

(e)

Height/setbacks and related location requirements.

(1)

The height of a telecommunications tower shall not exceed 150 feet not including non-structural lightning rods and required safety lighting. Tower height shall be measured from the crown of the road of the nearest public street.

(2)

Telecommunications towers shall at minimum conform with the setback established for the underlying zoning districts.

(3)

Telecommunication towers shall not be permitted in proximity to any residentially-zoned property that is within four times (4X) the height of the tower. By way of illustration, if the tower is 150 feet, it must be at least 600 feet from any residentially-zoned property.

(4)

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.

(5)

Waiver. The provisions of this subsection may be waived by the City Commission where it is determined that based upon site, location or facility, such waiver is in the best interest of the health, safety, welfare or aesthetics of the City or compliance with other regulations, and in the best interest of telecommunications service to the community.

(f)

Buffering.

(1)

Notwithstanding the provisions of section 23-90 of this Code, an eight foot high fence or wall, as measured from the finished grade of the site, shall be required around the tower and any accessory buildings or structures. In no case will barbed wire or razor wire fencing be permitted. Access to the tower shall be through a locked gate.

(2)

Landscaping, consistent with the requirements of the City Code, shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer in order to enhance compatibility with adjacent residential and non-residential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall.

(g)

High voltage, "No Trespassing" and other warning signs.

(1)

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

(2)

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

(3)

The letters for the "HIGH VOLTAGE — DANGER" and "NO TRESPASSING" warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the surrounding area.

(4)

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

(5)

Signs noting Federal Registration (if required) shall be attached to the tower structure in compliance with federal regulation.

(h)

Equipment storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility, unless repairs to the facility are being made. Portable emergency generators may be temporarily located at a telecommunications facility in the event of a power outage but must be removed upon resumption of power. Portable "crank-up" or otherwise mobile telecommunications facilities may not be located at a telecommunications facility. Nothing in this section shall preclude the placement of a permanent generator on-site provided that the generator meets the criteria set forth in the City Code and is in compliance with the building code, applicable to Broward County.

(i)

Removal of abandoned or unused facilities. All abandoned or unused telecommunications tower facilities shall be removed by the tower owner/operator within 90 days from being considered abandoned. A tower shall be considered abandoned if use has been discontinued for 180 consecutive days. Telecommunications towers being utilized for other purposes, including but not limited to light standards and power poles, may be exempt from this provision where superseded by the requirements of other county, state or federal regulatory agencies.

(j)

Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including but not limited to, a company name, banners, streamers, religious icons, etc., shall be strictly prohibited.

(k)

Accessory buildings or structures. All accessory buildings or structures shall meet all building design standards as set forth in the City Code and in accordance with the provisions of the building code, applicable to Broward County. All accessory buildings or structures shall require a building permit.

Accessory structures shall be designed to resemble the basic design of the principal use or be designed to resemble the neighborhood's basic building design. In no case will metal exteriors be allowed for accessory buildings.

(l)

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.

(m)

Inspection report required.

(1)

Telecommunications tower owners shall submit a report to the City Manager, or his/her designee, certifying structural and electrical integrity once every two years.

(2)

Inspections shall be conducted by an engineer licensed to practice in the State of Florida. The results of such inspections shall be provided to the City Manager or designee. Based upon the results of an inspection, the City Manager or designee may require repair or removal of a telecommunications tower.

(3)

The City may conduct periodic inspections with the cost of such inspection paid by the tower owner of the telecommunications tower(s) to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by the City to have more frequent inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions.

(n)

Existing towers.

(1)

All telecommunications towers existing on the effective date of this section (July 16, 2002) which do not meet the requirements of this section shall be considered legally nonconforming under this section and allowed to continue their legal usage as they presently exist, with the exception of Federal regulations relating to the health and safety of exposure levels as defined by the Occupational Safety and Health Act as amended and radio frequency (RF) exposure levels as defined by Federal Communications Commission regulations. Any modification of a legal nonconforming tower must be submitted for review per subsection (d) hereof; however, approval may be granted by the City Commission. New construction other than routine maintenance on an existing telecommunications tower shall comply with the requirements of this Section.

(2)

Notwithstanding the above provisions of this Section, telecommunications antennas may be placed on existing towers with sufficient loading capacity after approval by the City Manager or designee. The capacity shall be certified by an engineer licensed to practice in the State of Florida.

(3)

Any owner of land upon whose parcel of land a tower is located, which contains additional capacity for installation or co-location of telecommunications facilities in the discretion of the property owner, shall allow other persons to install or co-locate telecommunications facilities on such a tower subject to reasonable terms and conditions negotiated between the parties and subject to the terms of the original tower agreement.

(4)

An existing tower may be modified to accommodate co-location of additional telecommunications facilities as follows:

Application for a development permit shall be made to the City Manager or designee who shall have the authority to issue a development permit without further approval by the City Commission, provided the new facilities do not require any expansion of the existing footprint on the approved site plan.

The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the pre-modification height approved for that location.

A tower that is being rebuilt to accommodate the co-location of additional telecommunications facilities may be moved on-site subject to the setback requirements of the zoning district where the tower is located.

Additional antennas, communication dishes and similar receiving or transmission devices proposed for attachment to an existing telecommunications tower, or relocation of an existing tower, shall require review of the City Commission. The application for approval to install additional antennas shall include certification from an engineer registered in Florida indicating that the additional device installed will not adversely affect the structural integrity of the tower. A visual impact analysis shall be included as part of the application for approval to install one or more additional devices to an existing tower. However, addition of up to two antennas per section, of similar profile to those existing on an existing antenna tower by a provider previously permitted to utilize that specific tower, shall not require review of the City Commission. Applicants must still demonstrate the structural integrity of the tower with the additional antennas to the City prior to construction.

(o)

Permit fees, application and inspection fees required.

(1)

Permit required. Construction without a City building permit is prohibited. No construction shall be started until a permit to construct has been granted by the City Manager or designee. At the time of filing the construction drawings and documents referred to herein, the developer or owner or applicant, as the case may be, shall provide a detailed cost analysis of the cost of construction of the telecommunications facilities covered by this section. The applicant, developer, or owner, as the case may be, shall pay the City permit fees in accordance with the adopted schedule of permit fees.

(2)

Inspection fee required. A biennial inspection fee in the amount necessary to cover the costs of the inspection process is due to the City at the time of inspection.

(p)

Maintenance.

(1)

Providers shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly-accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(2)

Providers shall install and maintain towers, telecommunications facilities, wire cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

(3)

All towers, telecommunications facilities and antennas support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

(4)

All maintenance or construction on a tower, telecommunications facilities or antenna support structure shall be performed as provided by law.

(5)

All towers shall maintain compliance with current radio frequency emissions standards of the FCC.

(6)

In the event any portion of the use of the tower is discontinued by any provider, that provider shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.

(q)

Antennas not located on telecommunications towers.

(1)

Stealth and non-stealth rooftop or building-mounted antennas not exceeding 20 feet above roofline and not exceeding ten feet above maximum height of applicable zoning district shall be permitted as a conditional use in the following districts:

City-owned property, regardless of zoning district;

Industrial Park, I-l District; and

General Business, B-3 District.

(2)

The approval of any antenna not located on telecommunications towers shall be subject to site plan review in accordance with the provisions of this Code showing that the minimum standards as specified in this section have been met.

(3)

City-owned property shall take preference over privately-owned property. If the proposed site is other than City-owned property, the applicant shall provide an affidavit stating that there is a demonstrated need for the placement of the facility at that location and that there is not a technically suitable location on City-owned property available to accommodate the need. Such affidavit shall be subject to review and acceptance by the City. The City may utilize the services of a registered professional engineer or a radio frequency engineer who has at least a four-year engineering degree to confirm the affidavit. The cost of same shall be borne by the applicant.

Stealth and non-stealth building-mounted antennas shall be deemed a permitted use on any City-owned property in accordance with an executed lease agreement acceptable to the City. The City shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. The City may, as appropriate, to protect its property and the public interest establish additional requirements beyond the minimum requirements of a permit for City-owned property. Setback and distance requirements in the City Code may be modified to the extent necessary to provide for the public interest, as determined by the City Commission. For designated City-owned property, the City will encourage the installation of telecommunications facilities which have a minimal impact on the surrounding areas and are consistent with the development of the affected area.

(4)

Minimum standards. Building-mounted antennas shall be subject to the following standards:

No commercial advertising or religious icons shall be allowed on an antenna;

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Aviation Administration.

Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height; and

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area.

Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. This shall be subject to administrative approval for consistency with the definition of stealth facility.

Antennas shall only be permitted on buildings which are at least 30 feet in height.

Antennas may not exceed more than ten feet above the highest point of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision.

Antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of the material or color which matches the exterior of the building or structure upon which it is situated.

When located on building facade, building mounted antennas shall be painted to match the existing building.

(5)

Antenna types. To minimize adverse visual impacts, only stealth type antennas are permitted to be mounted on buildings.

(6)

Antenna dimensions. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, or a radio frequency engineer who has at least a four year engineering degree, who is competent to evaluate suitability of antenna types, to certify the need for required dimensions.

(7)

Aircraft hazard. Prior to the issuance of a building permit, the applicant shall provide evidence that the telecommunications towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is mounted, such evidence shall not be required.

(r)

Shared use of communications towers.

(1)

Notwithstanding any other provision of this section, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunications towers, co-location of facilities on existing or new towers shall be encouraged by:

Only issuing building permits to approved shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate; or

Giving preference to approved shared facilities over other facilities in authorizing use at particular locations.

(2)

No development approval to develop, build, construct or erect a tower pursuant to this section shall be granted to any person on the basis that it is economically unfeasible for such person to co-locate or install its telecommunications facilities on a tower or antenna support structure owned by another person.

(3)

Co-location of communications antennas by more than one provider on existing or new telecommunications towers shall take precedence over the construction of a new single-use telecommunications tower. Accordingly, each application for a telecommunications tower shall include the following:

A written evaluation of the feasibility of sharing a telecommunications tower, if appropriate telecommunications towers are available. The evaluation shall analyze one or more of the following factors:

Structural capacity of the towers;

Radio frequency interference;

Geographical search area requirements;

Mechanical or electrical incompatibility;

Inability or ability to locate equipment on the tower or towers;

Availability of towers for co-location;

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

Any additional information requested by the City.

The City may deny an application if an available co-location is feasible and the application is not for such co-location.

For any telecommunications tower approved for shared use, the owner of the tower shall provide notice via certified mail of the location of the telecommunications tower and sharing capabilities to all other wireless tower users in Broward County.

The owner of any telecommunications tower approved for shared use shall cooperate and negotiate fairly with all other possible tower users regarding co-location leases.

Requirements in this section may be waived by the City Commission where it is determined that based upon site, location, or facility, such waiver is in the best interest of the health, safety, welfare or aesthetics of the City and in the best interest of telecommunications service to the community.

(4)

Co-location application fee required. A filing fee in the amount necessary to process the co-location application shall be submitted upon the application for co-location approval.

(s)

Payment to City for telecommunications towers and antennas. All monies received for the leasing of City property for telecommunications towers and antennas shall be deposited in the City's general fund.

(t)

Waiver. Any provision of this section may be waived by the City Commission where it is determined that based upon site, location or facility, such waiver is in the best interest of the health, safety, welfare or aesthetics of the City or compliance with other regulations, and in the best interest of telecommunications service to the community.

(u)

Agreement. No site development permit granted hereunder shall be effective until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the permit to occupy and use public lands of the City will be granted.

(v)

Lease payment to City. Each permit granted under this section is subject to the City's right, which is expressly reserved, to annually, by resolution, fix a fair and reasonable lease payment to be paid for the public property rights granted to the permittee, provided, nothing in this section shall prohibit the City and permittee from agreeing to the lease payment to be paid.

(w)

Rights granted. No permit granted under this section shall confer any exclusive right, privilege, permit or franchise to occupy or use the public lands of the City for delivery of telecommunications services or any other purposes. No permit granted under this section shall convey any right, title, or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as any warranty of title.

(Ord. No. 2002-07-02, § 2, 7-16-02)

Sec. 23-89. - Boat landings, docks, piers.

(a)

Boat landings, docks, piers and mooring posts may be constructed within required yards adjacent to the waterline, and shall be constructed only in accordance with plans and specifications therefor approved in writing by the Building Department.

(b)

No boathouse shall be constructed on or adjacent to any of the waterfront lots in the City; nor shall any boat canal be dug or excavated into any of the waterfront lots without the same being approved in writing by the Building Department as to location, design, height, etc., and the Building Department shall have the express right to refuse the construction thereof.

(c)

No vessel or boat shall be anchored off-shore in any of the waterways adjacent to the City so that the same shall in anywise interfere with navigation.

(d)

Approval from the Central Broward Water Control District shall be required.

Sec. 23-90. - Fences, walls and hedges.

(a)

Applicability. All fences, walls and hedges shall be regulated by the provisions contained in this section.

(b)

Permit. All fences and walls shall require a building permit prior to the installation or erection and, prior to the issuance of such permit, plans for the fences, or walls shall be determined to be in compliance with the requirements of this section and all applicable requirements of the City's code, and the South Florida Building Code. Application for such permit shall accurately identify the property upon which the fence, wall or hedge is to be placed, and the actual location on the property of the fence, wall or hedge which shall be clearly inside of the property line.

(c)

Materials. All fences and walls shall be constructed of materials appropriate to their purpose and location. Treated wood, concrete/masonry, chain link, or similar materials as approved by the building department are permitted. Provided, however, that barbed wire, oriented in toward the property on which the fence is located, shall be permitted in U-1 (utility) district, CS (community services) district, and on any other municipally-owned property, regardless of the zoning district designation, such fence to be shielded by hedge material and/or landscaping; and further providing that barbed wire shall not be installed on fences of less than eight feet in height nor on fences surrounding swimming pools. Applicants are encouraged to use recycled plastic and/or other attractive, non-deteriorating materials. All walls shall have, at minimum, a "drip edge" detail at the top of the wall to prevent water damage. Cloth, fabric, canvass, silt screens, mesh, or other such material shall not be attached to a fence or windscreen unless otherwise required by law; however, such materials may be used at government-owned facilities and recreational facilities in the City, subject to the approval of the chief building official. The chief building official or his designee shall make all final decisions as to the design and materials for fences or walls.

(1)

Rear or side yard concrete masonry walls on double frontage residential lots shall be maintained by the property owner, as specified herein.

The property owner shall maintain said wall in a clean condition, free from cracks greater than 1/16 of an inch in width, graffiti, peeling paint and missing materials.

When repainting is needed, the wall shall be repainted with "Sherwin Williams Creamy White" (No. SW2445) and the trim shall be repainted with "Glidden The Hunt" (No. 03884), or a product identical in color, shade and hue.

(d)

Easements and rights-of-way. No fence, wall or hedge may be located within any easement or right-of-way or enclose any water meter box, manhole, fire hydrant and/or utility pole except as follows:

(1)

No fence, wall or hedge shall be located within any public or private right-of-way, right-of-way easement, utility or drainage easement, unless specifically authorized by the City Engineer and Public Works Director, and/or the holder of the easement.

(2)

No fence, wall or hedge shall enclose a water meter box, manhole, fire hydrant, and/or utility pole unless specifically authorized by the City Engineer.

(3)

Fences, walls and hedges may be permitted within utility and drainage easements subject to:

A suitable gate or opening being provided which enables access to any utilities, meters or like facilities;

The right of the City to remove, without cost or obligation to replace or restore, any such fence or wall and landscaping as may be necessary to maintain the utilities located in the easement;

Easement agreement from easement holders—Florida Power and Light, Central Broward Water Control District, the authorized franchise phone company, the authorized franchise cable company, the City's Utility Department, etc.; and

Approval of plans showing that fence, wall or hedge will not interfere with or cause damage to any utilities located in said easement.

(e)

Orientation.

(1)

Fences and walls shall be oriented so that the side of the fence or wall facing or viewable from a street right-of-way or an adjoining property is the finished side, with all support posts and stringers facing inward toward the property upon which the fence or wall is located. However, as determined by the Building Official or designee, if access to a portion of a fence is wholly or partially blocked by a building, fence, wall or other structure or by foliage which conceals the fence proposed to be constructed, located upon adjoining property and adjacent to, but not necessarily abutting, the property line, the support posts for that portion of the fence, but not the stringers, may be installed on the outside of the fence, facing away from the property upon which the fence is located.

(2)

All fences constructed on residential lots in yards which abut a public or private road right-of-way and are along an uninterrupted line of fencing of double frontage lots (i.e., double frontage lot rear fences and street side yard fences associated with those double frontage lot rear fences), subsequent to the effective date of this section (July 25, 2006), shall be shadowbox design on the exterior street-side view with a natural wood appearance in order to maintain visual continuity along the streetscape of the double frontage lots. Where adjacent roadway or sidewalk construction or improvements have modified the uninterrupted shadowbox fence adherence criteria, an alternative fencing material may be substituted for the shadowbox design where it is of compatible color and design to the modified condition or where it will blend with the adjacent fence material to maintain visual continuity along the streetscape. Any duly-recorded covenants and restrictions or Homeowners' Association regulations otherwise filed with the City governing the uniform and perpetual maintenance of fences as a specific design shall prevail with regard to this provision. Fences of other construction which were legally constructed prior to the effective date of this section shall comply with the non-conforming use provisions contained within section 23-156 of this Code. Provisions of this section shall supersede fence requirements of section 25-72(d), provided such fences shall match finish/color to that which exists in the existing fence line directly to each side of that which is to be installed.

(f)

Height and location on lot. Fence and wall heights shall be measured from the existing finished first floor level and the top of the fence or wall shall not exceed six feet above the said first floor level nor exceed seven feet above grade when abutting a residential lot. For double frontage lots along SW 100th Avenue between SW 49th Street on the north to SW 53rd Street on the south, fence and wall heights along rear property lines may not exceed six feet as measured from the finished elevation of the abutting sidewalk. Hedge height shall not exceed eight feet above grade, unless otherwise specified in this Code of Ordinances. For the safety of the adjacent roadways and neighborhood:

(1)

No fence, wall or hedge will be allowed to be installed or constructed within the setback area from a street right-of-way, except as provided for in subsection (3) hereof.

(2)

No fence or wall will exceed six feet in height, except as permitted in subsection (f) above or subsection (j)(2) below. Any fence or wall which exceeds six feet in height shall require a signed plan from a licensed architect or engineer.

Fences or walls in U-1 (utility) district, CS (community services) district, on any municipally-owned property regardless of its zoning district designation, and surrounding swimming pools that are open and available for public or semi-private use (i.e., swimming pools in common areas owned by homeowners' associations for the exclusive use of the residents and invitees of the subdivision), shall be permitted to be eight feet in height.

(3)

On a corner lot in a residential district, fences, walls or hedges may be erected in the side yard abutting the street. On corner lots in a residential district, the location of fences, walls and hedges shall conform to district regulations, except if the fence, wall or hedge will not obstruct the view of a driver approaching the intersection, only then may be the fence, wall or hedge be brought out to the property line, but may never extend past the front of the house. When the corner lot is other than rectangular in shape, prior approval by the Building Official and the Police Chief, or their designees, shall be required to ensure adequate vision to a driver of a vehicle.

(4)

Where a hedge is required to screen an off-street parking area or other vehicular use area from a public right-of-way or abutting property in a residential district, the hedge shall be maintained at height of not less than four feet. Provided, however, that where hedge materials are planted within 30 inches of a free-standing masonry wall, the hedge shall be maintained at a height equal to the height of the wall. This section is not intended to amend the provisions of the landscaping code which shall prevail as to the minimum required height of hedges at the time of installation. Property owners, including homeowners' association, which violate the provisions of this section, shall be subject to an administrative fine of $300.00 per violation, said fine to be expended on the purchase and installation of additional plant materials within the development or property subject to the fine.

For purposes of this section, the following definitions shall be applicable:

A violation shall be determined if 40 percent or more of any mature, continuous, contiguous hedge, exclusive of any breaks or interruptions for the display of architectural detailing pursuant to subsection b, below, is trimmed below the height of the adjacent freestanding masonry wall.

Hedge shall be defined as a continuous row of plantings including the following plant materials:

Botanical Name	Common Name
Allamanda neriifolia	Shrub Allamanda
Schefflera arboricola	Dwarf Schefflera
Conocarpus erectus	Green Buttonwood
Conocarpus e. "sericeus"	Silver Buttonwood
Chrysobalanus icaco	Cocoplum
Hedge Eugenia uniflora	Cherry Hedge
Ficus benjamina	Ficus Hedge
Galphimia gracilis	Thyrallis
Hamelia patens	Firebush
Hibiscus rosa sinensis	Hibiscus
Hedge Ixora "nora grant"	Ixora Hedge
Jatropha hastata	Jatropha
Ligustrum lucidum	Glossy Privet
Murraya paniculata	Orange Jasmine
Myrica cerifera	Wax Myrtle
Nerium oleander	Oleander Hedge
Podocarpus macrophyllus	Japanese Yew
Syzygium peniculatum	Myrtifolia
Viburnum odoratissmum	Sweet Viburnum
Viburnum suspensum	Sandankwa Viburnum

Exemption: In any case where a free-standing masonry wall includes a particular architectural feature (including but not limited to a line of accent tiles or color within 12 inches of the top of the wall, or an interruption in the wall for decorative fencing), hedges may be maintained at a height lower than the height of the wall to ensure visibility of such architectural feature, not to exceed six inches below the level of the architectural feature.

In instances where there are extraordinary circumstances or conditions, the Chief Building Official shall be entitled to determine the beginning elevation and height of the fence, wall or hedge.

(g)

New double frontage lots: The City Code specifically prohibits double frontage lots, however, should the City Commission waive the prohibition of double frontage lots as provided in section 24-63(a) of this Code, then the following conditions shall affect a fence or wall constructed at the rear yards of such lots:

(1)

A landscaped buffer zone shall be required as set forth in section 25-42 of the City Code.

(2)

The fence or wall shall be constructed at the rear of the required "buffer zone" from the street right-of-way. The fence shall be constructed in shadowbox design with a natural wood appearance.

(3)

Any fence or wall constructed by any developer of a subdivision subsequent to the date of the adoption of this Code section shall provide for a homeowners' association or similar owner association which shall be responsible for the maintenance of the "buffer zone" landscaping and irrigation and the fence or wall.

(h)

Landscaping and irrigation. Fences and walls located within a setback area from a street right-of-way shall be landscaped and irrigated on the outside, or right-of-way side, of the fence or wall in accord with all provisions and specifications contained in this subsection and in accord with a landscape plan approved by the City Commission or the Public Works Director or his designee, as provided in the City Code. All plant materials shall be maintained by the property owner in a healthy and orderly condition; any materials not so maintained may be ordered to be replaced at the direction of the code enforcement officer. Any landscaping in proximity to a public sidewalk shall be maintained so that none of the landscaping encroaches upon the sidewalk. All required plant materials shall adhere to the following:

(1)

Shrubs or hedges shall be planted along the lineal distance of the fence or wall generally parallel to the street right-of-way.

(2)

All fences and walls located within a setback area from a street right-of-way shall be provided with an opening or gate of sufficient width to allow access outside of the area enclosed by the fence or wall to such right-of-way for the purpose of facilitating maintenance of any required landscaping, irrigation and the street right-of-way.

(3)

Shrubs shall be planted at a minimum height of two feet so as to achieve a minimum maintained height of three feet upon maturity, achieve a density so as to obscure the fence or wall and maintained no higher than the fence or wall.

(i)

Maintenance. All fences, walls and hedges installed or constructed pursuant to this section shall be maintained as set forth in the approved plans and in a structurally sound and aesthetically attractive manner. Specifically:

(1)

A fence or wall shall be maintained in a vertical position, and shall not be allowed to sag or lean at more than ten degrees from vertical, unless the fence or wall is specifically designed and permitted to be maintained at such an angle.

(2)

Each support post or footer shall be solidly attached to the ground.

(3)

Each fence stringer shall be securely fastened to the support posts and face of the fence.

(4)

Each fence face shall be securely fastened to the support post and fence stringers; and

(5)

All fence or wall surfaces shall be painted, stained, treated or otherwise maintained so as to present a uniform appearance; however, this section is not intended to prohibit the maintenance of fences in which a deteriorated section of the fence is replaced with new material which will take some time to "age" or "weather" to replicate the appearance of the original fence. All fence's finish/color shall match that which exists in the existing fence line directly to each side of that which is installed or to be installed. Provided, however, this shall not apply if the applicant replaced the fence with recycled plastic or other non-deteriorating materials.

(6)

All walls shall be maintained in a clean condition, free from cracks greater than 1/16th of an inch in width, dirt, grime, stains, graffiti, peeling paint and missing materials, and mildew, discoloration, fading, mold and be aesthetically pleasing to surrounding properties, and shall be in good repair. All walls finish/color shall match that which exists in the existing wall line directly to each side of that which is installed or to be installed.

(7)

When any single sight view of a fence or wall is subject to any of the abovementioned deficiencies, then the owner shall upon notice by the City take immediate steps to correct the violation.

(j)

Miscellaneous provisions:

(1)

The following persons shall be responsible for the implementation of the provisions of this section of the code:

Any person whom the current real estate property tax rolls of the Broward County Property Appraiser's Office reflects hold a legal interest, or

A person with a recognizable legal interest in the premises, or in control of a dwelling or part of the premises with or without the legal consent of the true owner.

(2)

Non-residential zone classifications, either directly or across an alley, street, drainage ditch or waterway, from residential districts, must have a seven foot wall constructed on the boundary lines of the property so abutting such residential districts. Such wall must be constructed of concrete masonry, and its height shall be measured from the highest adjacent grade. The Chief Building Official shall make all final decisions as to the appropriate height of the wall.

(3)

Requirements of this section may be superseded on projects subject to design approval by the City Commission.

(4)

The City Commission, in considering any subdivision plat, may require that masonry walls be constructed for screening purposes, and may fix the height of said wall, which height may exceed the limitations set forth in this chapter when the wall is required for screening purposes. The City Commission in requiring a wall be constructed for screening purposes, may take into consideration the following:

Design of wall for appearance;

Location of wall; and

Impairment of visibility at streets or driveways.

Appropriate landscaping and irrigation.

(5)

Those properties located within a subdivision which, in conjunction with the approval of the subdivision, were required to have a fence, wall or hedge shall not be permitted any additional or substitute fences or walls which otherwise contravene the general purpose and uniformity afforded by the plan.

(k)

Notice and penalties:

(1)

In enforcing the provisions of this section against residential premises, the City may utilize those procedures set forth in code section 6-43 through 6-45 by citing the property owner and/or the occupant of the affected property.

(2)

The provisions of this section shall be in addition to such other remedies as may be provided by law or ordinance. The violation of, or failure to comply with any provisions of this section, shall subject the offender, upon conviction, to a fine not to exceed $500.00.

(3)

Under the provisions of this section, each day a violation of this section exists shall constitute a separate offense and shall be subject to a separate penalty.

(Ord. 98-1-1, § 1, 1-13-98; Ord. No. 98-8-1, § 1, 8-11-98; Ord. No. 01-1-4, § 1, 1-23-01; Ord. No. 06-07-03, § 1, 7-25-06; Ord. No. 14-4-2, § 2, 4-22-14; Ord. No. 18-7-1, § 2, 2018; Ord. No. 19-6-1, § 2, 2019; Ord. No. 22-3, § 2, 4-12-22; Ord. No. 25-11, § 2, 8-26-25)

Sec. 23-91. - Building design standards.

(a)

Similarity of building design prohibited. No building permit for any structure for which a building permit is required shall be issued unless it has been found as a fact by the Building Official after a view of the site of the proposed structure and an examination of the application papers for a building permit, which shall include exterior elevation of the proposed structure, that the exterior architectural appeal and functional plan of the proposed structure will, when erected, not duplicate nor be so similar to either the exterior architectural appeal and functional plan of the structures already constructed or in the course or construction, that are within 500 feet or six lots, whichever is the lesser, of the proposed structure on the same side of the street, as to cause a substantial depreciation in the property values of the neighborhood area. In making such determination of design similarity, the following factors shall be considered by the Building Official:

(1)

A duplication of similarity in the massing of the front of the structure;

(2)

A duplication or similarity in roof style;

(3)

A duplication or similarity in car storage area.

(b)

Major changes. Should the Building Official make such a determination of design similarity, the Building Official may consider any one of the following three major changes, in conjunction with the required minor changes, as evidencing sufficient change in similar or duplicate structures:

(1)

A plan change which will affect the massing of the front of the structure in such a manner so as to cause a perimeter change or the addition or elimination of two or more corners. The height of any such wall to be classified as a perimeter wall shall be from ground line to soffit line.

(2)

A definite change in roofing framing by changing the style (hip to gable, etc.), or the addition of a cupola or a minimum change in roof pitch of one inch of vertical rise per 12 inches of horizontal run.

(3)

A definite change in car storage that involves position and direction of entrance; or, if direction of entrance remains the same, the car storage area shall move forward or backward a minimum of eight feet for a flat roof.

(c)

Minor changes. Each of the following shall constitute a unit of minor change in a structure:

(1)

Change of room similarities; one out of five structures;

(2)

Change of roof material or shape or material;

(3)

Change of extent of overhang or distinctive change of shape of overhang;

(4)

Garage instead of carports involving area change or vice-versa;

(5)

Change of exterior wall texture;

(6)

Change of exterior wall pattern;

(7)

Change of exterior wall materials;

(8)

Change of area of exterior wall texture, pattern and materials;

(9)

Use of walls and fences;

(10)

Change of exterior wall color;

(11)

Change in fenestration;

(12)

Change in type of windows;

(13)

Change in design details such as depth of cornice boards, soffit materials, shutters, garage door, etc.;

(14)

Change in landscaping materials and plan; sketch required;

(15)

Use of grilles;

(16)

Use of planters;

(17)

Use of patio;

(18)

Use of walks.

(d)

Acceptable combinations of major and minor changes. The following combinations will be acceptable as evidencing sufficient change in similar or duplicate structures, provided that a different front entrance detail should be required with each combination:

(1)

Subsection (b)(1) and four units of subsection (c);

(2)

Subsection (b)(2) and four units of subsection (c);

(3)

Subsection (b)(3) and four units of subsection (c);

(4)

Subsections (b)(1) and (b)(2) and two units of subsection (c);

(5)

Subsections (b)(3) and (b)(2) and two units of subsection (c).

(e)

Review by Planning and Zoning Board. The Building Official shall request a meeting of the Planning and Zoning Board to consider applications for building permits that have been found to comply in all respects with all other ordinances of the City, but for which a building permit has been refused because in the Building Official's opinion the proposed structure, is similar to adjacent structures according to the criteria of subsection (a).

(f)

Hearing. The Planning and Zoning Board shall, if requested by the applicant for the building permit, hear the applicant for the building permit in question and/or the owner of the plat on which it is proposed to erect the structure in question, together with any other persons who are residents or property owners desiring to be heard, giving such notice of the hearing as the Board may deem sufficient. Such hearing may be adjourned from time to time but for not more than 48 hours, and within 48 hours after the close of the hearing the Planning and Zoning Board shall, in writing, make or refuse to make the finding required by subsection (a), and file it in the office of the City Clerk, who shall forthwith send a copy of it to the Building Official.

(g)

Appeal to Commission. The decision of the Planning and Zoning Board on any matter considered herein shall be final; provided, however, the applicant for the building permit and/or the owner of the lot on which it is proposed to erect the structure in question, may appeal the decision of the Planning and Zoning Board to the City Commission, by filing an appeal, in writing, with the City Clerk within 15 days of the date of the filing of the findings by the Planning and Zoning Board with the City Commission. The appeal shall state briefly the grounds for the appeal and shall be placed on the agenda of the next regular meeting of the City Commission for the purpose of scheduling a hearing thereon. The hearing shall be scheduled by the Commission for a date and time not later than the next following regular meeting of the Commission.

(h)

Reroofing of multi-unit structures. At the time of repair or replacement of roofs on all duplex, townhouse and/or multiple-family dwellings that have attached or continuous roofs, the new roof area shall be installed in the identical color and materials as the existing roof. Should all unit owners repair or replace their roof area concurrently, they may deviate from the original color and roof material; so long as the new roof is identical throughout the structure.

(Ord. No. 06-07-02, § 1, 7-25-06)

Sec. 23-92. - Building sites.

(a)

No lot shall at any time be divided into more than one building site.

(b)

A single lot together with one or more contiguous lots in the same block may be used for one building site. The yard requirements of the zoning district shall apply only to the exterior property lines of such a building site.

Sec. 23-92.1. - Bicycle racks.

In all new, non-residential developments, site plans shall include the location of bicycle racks appropriate in size to serve the non-vehicular needs of the proposed development. Said bicycle racks shall be located in an area convenient to the proposed facility, outside of vehicular use areas to avoid conflicts with vehicular traffic. In the event of a dispute over the appropriate size and location, the Planning and Zoning Board shall determine such issues.

(Ord. No. 00-10-8, § 1, 10-24-00)

Sec. 23-93. - Reserved.

(Ord. No. 06-10-4, § 1, 10-24-06)

Sec. 23-94. - Circuses, carnivals, outdoor shows.

A circus, carnival or outdoor show in the E-3, E-2, E-1, R-1-A, R-1-B, R-1-C and R-1-D districts shall be subject to the following supplementary regulations.

(a)

Circuses, carnivals, outdoor shows, amusement parks, devices and exhibitions and all such operations, avocations or businesses operating under tents or in temporary buildings or structures shall not be permitted, in the City except upon approval of the Chief of Police and City Commission.

(b)

Nothing contained in this section is intended to apply to local shows or amusements held in theaters, auditoriums or buildings in the City; it being intended hereby that this section apply to traveling shows, carnivals, fairs, exhibitions, and the like, which operate for a temporary period.

Sec. 23-95. - Community assembly, church or place of worship.

(a)

Community assembly uses and church or place of worship uses in whatever residential zoning districts permitted herein and the A-1, P-1, and X-1 zoning districts shall be subject to the following supplemental regulations.

(1)

Such use shall be limited to educational, recreational, religious and social centers intended to serve the surrounding neighborhood.

(2)

No such use shall be located on a lot having less than 40,000 square feet or less than 200 feet of street frontage.

(3)

No building or roofed structure on a lot utilized for such use shall be located within 75 feet of any lot line, and no parking area shall be located within 25 feet of any lot line.

(b)

Community assembly uses in whatever business, industrial, office or mixed use zoning districts permitted herein shall be subject to the following supplemental regulations.

(1)

The parking demand created by a community assembly use shall not exceed the supply of parking spaces legally available within the shared guest or visitor parking areas allocated to the site as provided in section 25-4 of Community Appearance Board.

(2)

Three community assembly uses shall be permitted per center, so long as the total square footage devoted to such community assembly uses does not exceed 25 percent of the total gross building area of the center. In centers of 100,000 square feet or more, additional community assembly uses are permitted so long as the total square footage devoted to such community assembly uses does not exceed 25 percent of the total gross building area of the center. The applicant may be required to demonstrate that on-site traffic flow and parking will be sufficient to accommodate the additional community assembly use based on a current traffic and parking study prepared by a certified professional.

(c)

Any submitted applications for community assembly use filed prior to the effective date of this Ordinance shall be subject to the zoning regulations in effect prior to the effective date of this Ordinance. Any community assembly use legally in existence on the effective date of this Ordinance, but now in violation of its provisions, shall be considered a legal non-conforming use and may be allowed limited expansion subject to the following criteria:

(1)

The community assembly use is located in a center as defined in Community Appearance Board;

(2)

The expansion does not exceed 1,000 square feet or 25 percent of the gross square feet of the nonconforming use, whichever is greater.

(d)

RLUIPA relief procedures. This section implements the policy of the City for addressing possible unintended violation of the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. Sec. 2000cc et seq. ("RLUIPA") identified during implementation of Community Appearance Board, and related rules, policies, and procedures.

(1)

A person, including a religious assembly or institution, may request relief under this section in writing by completing a RLUIPA Reasonable Relief Request form, which is available from the City's Growth Management Department ("GMD"). The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

(2)

The City Manager, or his/her designee, shall have the authority to consider and act on requests for reasonable relief submitted to the GMD, after notice is posted as provided in subsection (8). A public hearing shall be held within 21 days of receipt by the City of the request for relief. During the public hearing, the City Manager, or designee, shall solicit comment and information from the public to be taken under advisement. The City Manager shall issue a written determination no later than 45 days after the receipt by the City of the request for relief. The determination may: (1) grant the relief requested, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law.

Any determination denying the requested relief shall be in writing and shall state the reasons the relief was denied. All determinations shall advise the requesting party that the determination may be appealed within 30 days of the date of the determination to the City Commission. The written determination shall be sent to the requesting party by certified mail, return receipt requested.

If necessary prior to issuing a written determination, the City Manager, or designee, may, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have 15 days after the date the information is requested to provide the needed information. In the event a request for additional information is made to the requesting party by the City Manager, the 30 day period to issue a written determination shall no longer be applicable, and the City Manager, or designee, shall issue a written determination within 30 days after receipt of the additional information from the requesting party.

(3)

If the requesting party fails to respond to the requested additional information within 15 days after the City Manager's or designee's request for additional information, the City Manager, or designee, shall issue a written notice advising the requesting party failed to timely submit the additional information and the request for relief shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said reasonable relief request shall be required.

(4)

In determining whether the reasonable relief request shall be granted or denied, the applicant shall be required to establish:

The applicant is a claimant under RLUIPA; and

The City has imposed a substantial burden on the religious exercise of the applicant, whether a person, religious assembly or instruction, and the burden is not a result of the City furthering a compelling governmental interest and is not the least restrictive means of furthering that compelling governmental interest; or

The City has imposed or implemented a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.

(5)

Within 30 days after the City Manager's or designee's written determination is mailed to the requesting party, the requesting party may appeal the decision to the City Commission. All appeals shall contain a statement explaining the reason for the appeal. The City Commission shall, after giving public notice pursuant to subsection (8) and conducting a public hearing, make a determination no later than 60 days after an appeal has been filed to uphold, reverse or modify in whole or in part the City Manager's determination. The purpose of the public hearing is to receive comments, input and information from the public, which shall be taken under advisement by the City Commission.

(6)

No fee shall be imposed by the City in connection with a request for reasonable relief under this section or for an appeal of a reasonable relief determination to the City Commission. The City shall have no obligation to pay a requesting party's or an appealing party's attorney fees or costs in connection with the request for an appeal.

(7)

While an application for reasonable relief, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant.

(8)

The City shall display a notice in the City's public notice bulletin board and shall maintain copies available for review in the Growth Management Department, the Building/Permitting Division, and the City Clerk's Office, advising the public that a request for relief under RLUIPA has been filed or appealed to the City Commission. The date and time of the applicable public hearing shall be included in the notice.

(e)

If a use is interpreted to be a "community assembly" use as defined in section 21-8, the requirements of this section 23-95 shall prevail over any inconsistent provisions of the Land Development Code, and the parking standards for community assembly use in section 25-4 shall prevail over any inconsistent provisions of section 25-4.

(Ord. No. 06-10-06, § 2, 10-24-06; Ord. No. 08-7-1, § x14, 7-15-08)

Sec. 23-96. - Day care center or school.

Day care centers and elementary and secondary schools in the B-1, B-2, B-3 and PCD districts shall be located on a separate parcel of land that is not connected to or has no access to adjacent commercial uses, provided that such separate parcel of land may be under the same ownership as adjacent commercial uses.

(Ord. No. 00-10-7, § 2, 10-24-00)

Sec. 23-97. - Dry cleaning.

Dry cleaning in the B-1, B-2 and B-3 districts shall be subject to the following supplementary regulations.

(a)

Service shall be rendered directly to customers who shall bring in and take away the articles to be cleaned.

(b)

The establishment shall be permitted to provide residential pickup or delivery service.

(c)

The establishment shall meet all governmental requirements pertaining to chemical and environmental standards.

(Ord. No. 05-04-05, § 1, 4-26-05)

Sec. 23-98. - Filling of lots.

No lot or parcel shall be increased in size by filling in the water it abuts. The elevation of a lot will not be changed so as to materially affect the surface elevation or grade of the surrounding lots. No rock, gravel, or clay shall be excavated or removed from any property for commercial purposes, except in districts in which mining and quarrying uses are permitted.

Sec. 23-99. - Guardhouses.

(a)

Guardhouses may be constructed adjacent to private streets. These guardhouses may be installed within required yards, setbacks or medians, provided that there is at least 100 feet of stacking for motor vehicles, measured from the closest point of intersection with any public or private right-of-way, driveway or any other roadway improvements (such as bridges) which may interfere with driver's sight distance visibility.

(b)

Each proposed guardhouse must be approved in advance by the City Commission which shall consider the location of the guardhouse and architectural renderings of such guardhouse. The Commission will not and shall not approve any guardhouse that it finds to be in nonconformity with the architecture of the surrounding development.

(c)

There will be no plain, wooden slat guardhouses.

(d)

If a guardhouse is abandoned, the continued maintenance shall rest with the owners of the residences adjacent to the private streets served by the guardhouse. Maintenance of each guardhouse shall be specifically provided for in homeowners' association documents.

Sec. 23-100. - Hotel, motel or restaurant in PCD.

A hotel, motel or restaurant in the PCD district shall be subject to the following supplementary regulations.

(a)

The total acreage used for said hotel, motel and restaurants, including necessary parking, support buildings and grounds appurtenances, shall not be considered common open space and shall be included within the maximum total acreage permitted for commercial use.

(b)

The trafficway system in the area adjacent to said use shall be adequate to support the anticipated traffic to be generated by the hotel, motel or restaurant.

(c)

The area of said use shall be calculated as part of the total commercial acreage permitted, and the density shall not exceed 40 hotel/motel units per gross acre as per special area delineated on the development plan or not more than two units for each residential unit designated on the City's land use plan element.

Sec. 23-101. - Lot size.

Any lot recorded prior to April 2, 1962 and having a lot area, lot width or lot depth of less than that required by the zoning district in which it is located may be used for any use permitted in such district.

Sec. 23-101.1. - Medical offices or clinics, and medical or dental laboratories.

Medical offices or clinics, and medical or dental laboratories ("medical uses"), as defined in section 21-8 of the Land Development Code, in whatever districts permitted herein, shall be subject to the following supplemental regulations:

(a)

On-site dispensing of controlled substances identified in Schedule II, III, or IV in F.S. §§ 893.03, 893.035, or 893.0355, as may be amended from time to time, is prohibited, unless otherwise expressly permitted as follows:

(1)

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session.

(2)

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care at a hospital, nursing facility, institution or asylum, ambulatory surgical center, or hospice which is licensed in this state.

(3)

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care at an intermediate care facility for the developmentally disabled which is licensed in this state.

(4)

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital.

(5)

A health care practitioner when dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient.

(b)

Medical offices or clinics, and medical or dental laboratories ("medical uses") shall also be subject to Sec. 23-104.1.

(Ord. No. 10-5-1, § 5, 5-25-10)

Sec. 23-102. - Outparcel/major parcel architectural design standards of non-residential centers.

All buildings, structures, and signs constructed or placed in a center (shopping center, office center, industrial center, or any other type of center), including any major parcel and any outparcel, shall be homogenous in design, materials and color throughout the center.

(Ord. No. 03-09-03, § 2, 9-16-03; Ord. No. 08-5-3, § 1, 5-27-08)

Sec. 23-103. - Outparcels.

(a)

Definitions. For the purpose of this section only, the following terms shall have those meanings ascribed herein.

Major parcel means an area of land on a plat or site plan for one or more free standing, nonresidential building(s) where an outparcel(s) stands in front of or adjacent to said parcel and between said parcel and a right-of-way or property line.

Outparcel means an area of land on a plat or site plan as the site for a free standing nonresidential building which is subordinate to a major parcel, where said area of land is adjacent to a right-of-way or property line of the major parcel and is located in front of or adjacent to a major parcel.

(b)

Independent review. Each outparcel must be developed so as to independently meet the provisions of the City's code. For the purposes of determining whether an outparcel or major parcel has provided for sufficient landscaping, setbacks, as well as whether all other City Code regulations have been met, each outparcel or major parcel shall be reviewed independently and the condition of other outparcels or an adjacent major parcel, will not be considered in determining whether code criteria are met.

(c)

Integrated parking areas. Notwithstanding the above, a minimum of 50 percent of the total parking spaces required for the outparcel shall be provided on the outparcel. Any remaining required parking spaces shall be provided on the adjacent major parcel in addition to the parking requirements for the major parcel. Such parking spaces on the major parcel shall be within 190 feet of the building on the outparcel. If such parking spaces are separated from the outparcel by an internal roadway, adequate pedestrian safety must be provided to cross such internal roadway with features such as, but not limited to, pavement marked crosswalk(s), signage, and/or mechanized lighting signals. Any such remaining required parking spaces so provided shall be paved and a cross-parking easement shall be recorded in the public records to allow for the perpetual use of such spaces.

(d)

Outparcels which were not designated through an approved site plan as of the date of this section (05-27-08) and where the entire center gross area, or area of all outparcels and major parcels, is ten acres or less shall conform to the following provision. The view from the primary adjacent frontage to a building on the major parcel shall not be obstructed by a building or other structure on such outparcel. Such view shall be considered along a line perpendicular to the general direction of the public right-of-way in front of the primary frontage of the building from such public right-of-way to the primary frontage of the building. Such unobstructed view shall extend the entire length of the primary frontage of the building(s).

(e)

Outparcels which were designated through an approved site plan as of the date of this section (05-27-08) or where the entire center gross area, including all outparcels and major parcels, is greater than ten acres shall conform to the following provisions:

(1)

Minimum lot size. No outparcel shall be less 43,560 square feet in area, with a minimum width of 190 feet and a minimum depth of 225 feet.

(2)

Number of outparcel buildings. Only one free-standing building with either a single or multiple use and approved accessory structure(s) shall be permitted to be constructed on any one outparcel.

(3)

Separation between buildings. The separation from any building or canopy on any outparcel to any building or canopy on any other outparcel or major parcel located in the same block shall be twice the setback required for the underlying zoning district. If no setback is required for the underlying zoning district, the separation from any building or canopy on the outparcel to any building or canopy on any other outparcel or major parcel located in the same block shall be 120 feet.

(4)

Maximum frontage of outparcels. In no event shall the actual frontage of outparcels along a primary arterial roadway exceed 25 percent of the total roadway frontage of the major parcel and outparcels on the primary arterial roadway.

(f)

Development phasing. The building to be constructed on the major parcel shall be site planned and must meet one of the following criteria before a building permit may be let for the accompanying outparcels:

(1)

A building permit has been issued for 100 percent of the main structure with at least 50 percent of construction completed to tie beam phase;

(2)

A building permit has been issued for 50 percent of the main structure with 100 percent of the construction completed to tie beam phase; or,

(3)

A building permit has been issued for 50 percent of the main structure, with all utilities in-ground and a surety has been posted for the completion of construction of the permitted structure.

(Ord. No. 06-05-02, § 1, 5-23-06; Ord. No. 08-5-2, § 1, 5-27-08)

Sec. 23-104. - Painting of structures.

All structures shall be painted with two coats of paint unless constructed of ornamental masonry or brick.

Sec. 23-104.1. - Reserved.

Editor's note— Ord. No. 24-01, § 2, adopted January 23, 2024, repealed § 23-104.1. Former § 23-104.1 pertained to pharmacies, medical offices or clinics, and medical or dental laboratories—Location restrictions and derived from Ord. No. 10-5-1, § 5, adopted May 25, 2010.

Sec. 23-105. - Propane gas tanks.

Propane gas tanks, as defined within the Florida Building Code, Broward county edition, shall be installed in accordance with the following supplementary regulations.

(a)

Above-ground propane gas tanks shall not be installed or erected in any required street yard.

(b)

No propane gas tank that is installed underground shall be located within ten feet of any structure or lot line. Propane/natural gas tanks installed above-ground shall be located in accordance with NFPA standards, subject to the approval of the City's fire marshal.

(c)

The installation of above-ground propane gas tanks shall meet the requirements of section 23-80(d), shielding of accessory and mechanical equipment. In addition, any propane gas tank installed above-ground in a commercial district shall be protected from possible puncture or crushing by the additional installation of concrete filled steel stanchions, which shall be painted yellow.

(d)

Any non-residential building or structure which has had a propane or natural gas tank/system installed underground shall display a decal stating the current company providing refills and/or maintenance. The decal shall bear the company name and a 24-hour per day contact phone number, which shall be affixed to the front door of such structure to alert emergency personnel of the presence of the system. Any above-ground propane/natural gas tank(s) shall clearly indicate on the side of the tank and the underside of the dome cover(s) the name and emergency contact number(s) of the company contracted to fill and/or maintain said tank(s). All below-ground tank(s) shall clearly indicate the name and emergency contact number(s) of the company contracted to fill and/or maintain said tank(s) on the top and underside of the dome cover(s).

(e)

All propane gas tanks shall be installed in accordance with the Florida Building Code and the National Fire Protection Association Life Safety Codes. Copies of these codes are available for public inspection during normal business hours in the City's Building Department.

(f)

All propane gas tanks, whether installed above-ground or below, shall be inspected, tested and maintained according to NFPA 58 standards and LPG Florida Laws, Rules and Regulations. Said inspection shall be performed by the company contracted to fill and/or maintain said tank(s) and a copy of the inspection report shall be filed at least annually with the City's Building Department.

(Ord. No. 06-05-02, § 1, 5-23-06; Ord. No. 20-7-1, § 2, 7-28-20)

Sec. 23-106. - Public buildings.

Any provision to the contrary notwithstanding, public buildings may be erected in any district in the City, provided such use is consistent with the City's land use plan; and further provided plans and locations thereof shall first be presented to the Planning and Zoning Board and approved by the Planning and Zoning Board before a permit shall be granted.

Sec. 23-107. - Sewage lift or pumping station.

Sewage lift or pumping stations shall be subject to the following supplementary regulations when located in the E-3, E-2, E-1, R-1-A, R-1-B, R-1-C, R-1-D, B-1, B-2 and B-3 districts.

(a)

When underground stations are utilized, all parts of which are at least three feet below grade except for an access tube not over five feet in maximum horizontal dimensions extending not over three feet above grade, and meters and switches on a post extending not over five feet above grade, such access tube and meter or switch post may be located within a utility easement but not less than 50 feet from any street line. No obstructions shall be placed within the 50-foot setback allowing access for maintenance.

(b)

Aboveground stations shall be reviewed by the Planning and Zoning Board and the Community Appearance Board for conformity to the aesthetic standards of the neighborhood.

(c)

The lot area shall be landscaped with grass, shrubbery and trees, which shall be kept in a healthy, growing condition, properly watered and trimmed, pursuant to chapter 25, article IV, landscaping.

(d)

Notwithstanding the minimum lot size requirement of the zoning district in which such use is located, a lot used for a permitted sewage lift or pumping station need be no larger than necessary to provide required yards and setbacks.

Sec. 23-108. - Sight distance triangles.

(a)

No structure, other than utility poles or poles supporting signs, shall be erected or maintained and no landscaping, other than permitted pursuant to section 25-47, landscaping, within sight distance triangles, shall be planted or allowed to grow, within the triangular areas defined below so as to impede a line of unobstructed vision from two and one-half feet to eight feet above the grade at the centerline of the abutting street.

(b)

The triangular areas referred to above are:

(1)

Driveway intersections. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two sides of each triangle being ten feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.

(2)

Street intersections. The area of property located at a corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being 40 feet in length along the abutting right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.

Sec. 23-109. - Special residential facilities.

(a)

Purpose and intent. The purpose and intent of this section is to protect the public health, safety and welfare by:

(1)

Establishing minimum standards for the occupancy, physical development, redevelopment, location, and future conversion of special residential facilities within the City;

(2)

Coordinating City regulations with those of the state of Florida and Broward County;

(3)

Ensuring an adequate quality of life for residents of special residential facilities by providing for a balanced mix of residential, social, health and leisure services within such facilities;

(4)

Encouraging the development of special residential facilities within planned developments; and

(5)

Establishing standards for the appropriate placement of special residential facilities within the growth management framework established by the City's comprehensive plan.

(b)

Applicability. The requirements of this section shall apply to all special residential facilities within the City. These standards shall prevail over less restrictive standards applicable to such facilities within the City.

(c)

Maximum occupancy. The following maximum occupancy standards shall apply to special residential facilities.

(1)

The maximum occupancy of a special residential facility, type 1 shall be six persons, excluding staff.

(2)

The maximum occupancy of a special residential facility, type 2 shall be 14 persons, excluding staff.

(3)

The maximum occupancy of a special residential facility, type 3 shall be established by multiplying two and four-tenths (2.4) by the maximum number of dwelling units permitted by the zoning district or land use designation, whichever is less. In the case of nonresidential districts, a maximum permitted density of 15 units per acre will be assumed for the purpose of calculating maximum occupancy. When special residential facilities are located in nonresidential zoning districts, reserve units must be subtracted from the City's remaining allocation of reserve units pursuant to the requirements of section 22-4, reserve units.

(d)

Number of residents to be specified. The total number of residents proposed, including resident staff, shall be specified in the preliminary site development plan application and on the final site development plan.

(e)

Conversion to conventional dwelling units. The following regulations shall govern the conversion of special residential facilities to conventional dwelling units.

(1)

Prior to conversion to conventional dwelling units, a building designed and permitted to accommodate a special residential facility shall, if necessary, be structurally modified to comply with residential density restrictions of the comprehensive plan and zoning district.

(2)

No site plan for a special residential facility, type 3, shall be certified until a declaration of restrictions regarding conversion to conventional residences in a form approved by the City Attorney has been recorded to run with the land in the official records maintained by the Clerk of the Circuit Court in and for Broward County. This declaration of restrictions shall expressly provide the following.

The conversion of the premises to conventional dwelling units is prohibited except in compliance with this section, as amended.

If permitted, conversion will not result in an increase in the number of units permitted on the site under conventional zoning unless the converted project has obtained a valid PUD approval. If that approval has not been granted, the converted project will have to comply with the density permitted in the underlying zoning district.

The total number of permitted residents may be determined by referring to the approved site development plan on file with the Planning and Growth Management Department.

(f)

Supplemental property development regulations.

(1)

In general. Unless otherwise provided in this section, a special residential facility shall be governed by the land development regulations applicable to the zoning district or planned unit development in which it is established.

(2)

Minimum lot area. The minimum lot area requirements of the zoning district shall apply to each special residential facility, but in no case shall lot size be less than 7,500 square feet for a special residential facility type 2, or one acre for a special residential facility, type 3.

(3)

Off-street parking requirements.

Special residential facilities, type 1 shall comply with the off-street parking standards for single-family residences, as provided in chapter 25.

Special residential facility, types 2 and 3 shall comply with the following off-street parking requirements:

A minimum of one parking space shall be provided for each four residents, plus one space for each employee on the two combined shifts of greatest employment.

Special residential facilities, types 2 and 3, shall establish a safe drop-off area for group transportation, such as vans or similar vehicles.

Every special residential facility shall provide adequate parking and circulation for residents, visitors and staff. The standards established in this section shall be considered the minimum necessary to achieve this goal.

The basis for parking calculations shall be clearly stated on proposed site plans, including the maximum number of employees.

(4)

Cooking facilities.

Central dispensing and consumption of food. Each special residential facility shall provide and continuously maintain central facilities for daily food dispensing and consumption.

Food preparation in individual living quarters of special residential facilities. Food preparation shall be prohibited in sleeping areas or in individual quarters in special residential facilities, type 1 or type 2. Individual kitchen facilities may be provided in the living quarters of a special residential facility, type 3.

(5)

Maximum occupancy of sleeping areas. The maximum number of persons per sleeping area shall be determined by applying the space requirements of the state of Florida Department of Health and Rehabilitative Services.

(6)

Accessory and associated land uses.

Special residential facilities, type 1 or 2, may have those accessory uses customarily incidental to a single-family residence and home occupation uses.

A special residential facility, type 3, may have:

Those accessory land uses customarily accessory to a multiple-family residence; and

Those noncommercial land uses customarily incidental to a special residential facility, such as a common dining room, a central kitchen, a nursing station, a medical examining room, a chapel, a library, and offices necessary to manage the facility.

(7)

Location, concentration and neighborhood compatibility. No approval for a special residential facility shall be granted unless it satisfies the following criteria for location, concentration and neighborhood compatibility.

Location of special residential facility, type 1. A special residential facility, type 1 may be located wherever single-family residences are permitted provided that such facilities shall not be located within 1,000 feet of another such facility.

Location of special residential facilities, types 2 and 3.

A special residential facility, type 2 may be permitted in all residential zoning districts that allow multi-family dwelling units as permitted uses, provided that it is not located within a radius of 1,200 feet of another special residential facility, type 2 and shall not be within a radius of 500 feet from a zoning district that allows single-family dwelling units as permitted uses if the proposed special residential facility, type 2 is multi-family in character.

Each special residential facility, types 2 and 3, shall be located within five road miles of a full-service professional fire rescue station, as determined by the City's Fire-Rescue Department.

A special residential facility, type 3 shall be contiguous with and have a primary access to a paved collector or arterial street.

Sec. 23-110. - Rooftop Photovoltaic Solar Systems.

(1)

Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems pursuant to the U.S. Department of Energy Rooftop Solar Challenge Agreement Number DE-EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge") on buildings and structures within municipal limits. The provisions and exceptions contained herein are limited to rooftop photovoltaic solar systems permitted through web-based applications for pre-approved rooftop photovoltaic solar system installations that utilize the Go SOLAR-Broward Rooftop Solar Challenge permitting process.

(2)

Definitions. For purposes of this subsection, the following terms shall have the meaning prescribed herein:

Roof line means the top edge of the roof which forms the top line of the building silhouette or, for flat roofs with or without a parapet, the top of the roof.

Rooftop photovoltaic solar system means a system which uses one or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface-or rack-mounted on a flat roof, to convert sunlight into electricity.

(3)

Permitted accessory equipment. Rooftop photovoltaic solar systems installed pursuant to this subsection shall be deemed permitted accessory equipment to residential and commercial conforming and nonconforming buildings and structures in all zoning categories. Nothing contained in the Code of Ordinances, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of such rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(4)

Height. In order to be deemed permitted accessory equipment, the height of rooftop photovoltaic solar systems shall not exceed the roof line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment, the rooftop photovoltaic solar system shall not be greater than five feet above the roof.

(5)

Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that: (a) if the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the City; and (b) the issuance of said permit for a rooftop photovoltaic solar system does not create in the property owner(s), its, his, her, or their successors and assigns in title, or create in the property itself a right to remain free of shadows and/or obstructions to solar energy caused by development adjoining on other property or the growth of any trees or vegetation on other property or the right to prohibit the development on or growth of any trees or vegetation on another property.

(6)

Tree maintenance and removal. To the extent that the City has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

(7)

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare.

(Ord. No. 14-2-2, § 2, 2-25-14)

Sec. 23-111. - Trailers, tents, outbuildings.

No trailer, tent, shack, barn, temporary building, outbuilding or guesthouse shall be erected in the City without a nonconforming use permit to be issued by the Building Department. Such permit shall be renewed annually by the Building Department, upon receipt of a written request for renewal from the property owner.

Sec. 23-112. - Transformer substation.

Transformer substations shall be subject to the following supplementary regulations when located in the E-3, E-2, E-1, R-1-A, R-1-B, R-1-C, R-1-D, B-1, B-2 and B-3 districts.

(a)

Minimum yard dimensions. The lot shall be provided with yards not less than 30 feet in depth or width adjacent to all street lines and lot lines of other zoned property and a yard at least 25 feet in depth adjacent to the rear lot line.

(b)

Landscaped buffers. The yards required under this section shall be fully covered by landscaping consisting of grass, shrubbery and trees. All landscaped areas shall be maintained in a healthy growing condition, properly watered and trimmed in accordance with the provisions of chapter 25, article IV, landscaping.

(c)

Required fence. A fence not over 12 feet in height shall be erected at least 30 feet from any street line and property line to completely enclose the use.

(d)

Permitted structures in required yards. The yards required under this section shall not be used for any building or structure except the control building, which may be incorporated with the fence line; provided that minimum driveways or walkways necessary for access may cross required yards.

(e)

Height. Notwithstanding the height regulations of the zoning district, structures associated with such use shall be permitted to extend to a height of 60 feet or the maximum height allowed in the district, whichever is greater.

(f)

Minimum lot size. Notwithstanding the minimum lot size requirement of the zoning district in which such use is located, a lot used for a permitted transformer station need be no larger than necessary to provide required yards and setbacks.

Sec. 23-113. - Veterinary services and retail pet sales.

Veterinary services and retail pet sales shall be subject to the following supplementary regulations.

(a)

In the B-1, B-2, B-3, PCD and PMUD districts the following regulations shall apply:

(1)

Veterinary services shall treat only domesticated animals (i.e. dogs, cats, birds, fish and other such household pets that are not of a species listed by Broward County, the State of Florida, and/or federal regulations requiring a special license to sell). In addition to any other conditions of a conditional use approval, in the B-1 district the only animals for sale as a retail pet sale use shall be such domesticated animals.

(2)

Overnight boarding facilities within establishments providing veterinary services shall be for treatment purposes only; there shall be no boarding of well animals. Retail pet sale uses shall not include overnight boarding of any animals other than those being offered for sale.

(3)

There shall be no cremation facilities on the premises. Medical wastes including any fecal wastes, shall be disposed of in accordance with Broward County Office of Natural Resource Protection regulations or any other applicable governmental regulations.

(4)

There shall be no exterior dog runs.

(b)

For veterinary services and retail pet sales in any zoning district, walls shall be sufficiently insulated so that no sounds or noise from the animals is audible from outside the establishment.

(Ord. No. 10-4-2, § 3, 4-13-10)

Sec. 23-114. - Water or wastewater plant, local.

Local water and wastewater plants shall conform to the following supplemental regulations when located in the E-3, E-2, E-1, R-1-A, R-1-B, R-1-C, R-1-D, B-1, B-2 and B-3 districts.

(a)

Minimum lot size. No such use shall be located on a lot less than 40,000 square feet in area and 250 feet in width.

(b)

Setback from streets or residential property. No enclosed or unenclosed building or structure or treatment facility shall be located nearer to any street lot line than 100 feet nor nearer to any other residentially zoned property than 250 feet.

(c)

Landscaped buffer. All lots shall have a landscaped setback area at least 35 feet in width or depth adjacent to all street lot lines, and adjacent to all lot lines separating the subject plot from other zoned property. The landscaped setback area shall be planted with grass, shrubbery and trees; and no part shall be paved or surfaced except for minimum driveways and walkways for access. All landscaping shall be maintained in a healthy, growing condition, properly trimmed and watered in accordance with the provisions of chapter 25, article IV, landscaping. The landscape design should screen any and all structures on any and all sides from view. The landscaped setback area shall not be used for any building, structure, fence, wall, parking, storage or other use except that a fence may be erected in any such setback area at least 35 feet from any street lot line. The height of any such fence within the landscaped setback area shall not exceed eight feet pursuant to section 23-90 of this Code.

(d)

Noise limits. All machinery, equipment and mechanical or electrical facilities shall be so designed and operated as to minimize noise effects upon surrounding residential properties. The decibel level shall not exceed the following as measured at the property line:

(1)

Fifty dba in residential districts; or

(2)

Sixty-five dba in nonresidential districts.

(e)

Use of property for franchise purposes. No such lot shall be used for business, storage or service purposes for a franchised area, provided that the business office for service facilities for a franchised area shall be permitted in nonresidential districts.

Sec. 23-115. - Wells.

Wells are permissible for lawn and outside use only, but all such wells and pumps shall be so constructed as to be hidden from view and the irrigation system shall be free of rust and kept in a rust-free, good working condition.

Sec. 23-116. - Yard exceptions.

Yards required by this Code shall be free of buildings or structures from the ground upward, with the following exceptions. In case of conflict with more restrictive provisions elsewhere in this Code, the more restrictive conditions shall apply.

(a)

Parking and loading areas, driveways and accessory structures thereto, and sidewalks and walkways shall be permitted in all required yards, unless elsewhere specifically prohibited.

(b)

Cornices, eaves, gutters, fireplaces, chimneys, external stairways, bay windows and similar architectural features shall be permitted to extend no more than the dimension of the roof overhang into required yards.

(c)

Swimming pools, patios and screened enclosures shall be permitted to extend into required side and rear yards in residential property, subject to section 23-83.

(d)

Accessory buildings shall be permitted to extend into required side and rear yards of lots designed, intended or used for a principal single-family dwelling, subject to section 23-83, Accessory buildings on single-family lots.

(e)

Accessory and mechanical equipment shall be permitted in required side and rear yards, subject to section 23-80.

(f)

Freestanding antennas, antenna towers and dish antennas shall be permitted in required side and rear yards, subject to section 23-87.

(g)

Boundary walls, fences and hedges shall be permitted within required side and rear yards, subject to section 23-89.

(h)

Boathouses, docks and piers shall be permitted within required yards abutting a waterline, subject to section 23-89. (i) Guardhouses shall be permitted within required yards, subject to section 23-99.

(j)

Transformer substations shall be permitted within required yards, subject to section 23-112.

(k)

Wells shall be permitted within required yards, subject to section 23-115.

(Ord. No. 07-6-1, § 2; 6-19-07)

Sec. 23-117. - Restaurants, outdoor seating.

(a)

Outdoor seating as an accessory use to a licensed primary use restaurant which is permitted in accordance with this Chapter may be approved by the Development Review Committee (DRC) through an administrative review of a site plan amendment subject to the following additional regulations:

(1)

Architectural plans shall be submitted for review and approval by the Development Review Committee with an application, which shall show the existing interior and proposed exterior floor plans, elevation of any structures, setbacks, types of ground covering, proposed landscaping, all proposed signs and lighting, layout of all tables, chairs, benches and other furniture, and pedestrian ingress and egress. Outdoor seating areas shall include, but shall not be limited to, the below requirements and adequate separation between patrons and vehicular use and vehicular service area shall be provided. Adequate separation may be provided by one or more of the following: setback distance, landscaping, hardscape material and/or use of bollards as may be recommended by the Police Department.

(2)

The operation of such outdoor seating area shall be conducted in such a way as to not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets or sidewalks. There shall be a minimum of four feet of clear distance or 50 percent of the sidewalk width (clear path), whichever is greater, free of all obstructions, in order to allow adequate pedestrian movement. In no event may recesses in the restaurant and dining room frontage be used to satisfy this unobstructed width requirement. The corners of the outdoor seating area may be rounded or mitered, in which event the required minimum clearance shall still be maintained around the outdoor seating area.

(3)

The service of patrons of the outdoor seating area shall be by restaurant staff to patrons at tables and/or patrons utilizing an approved means of self-service. Any walk-up window shall be reviewed in accordance with the requirements of subsections (c)(1) and (2) of this section. Provided, however, that nothing contained herein shall prohibit properly site planned outdoor play areas for fast food or self-service restaurants.

(4)

The outside seating area shall not occupy an area of more than 30 percent of the total gross inside area of the restaurant. In the event the outside seating area is larger than 20 seats, the restaurant parking requirement as set forth in chapter 25 of this Code shall be applicable to the outside seating area.

(5)

The outside seating area shall not be enclosed except that it may be covered with a canvas cover, subject to the approval of an amended site plan, or covered with the existing walkway covering (where the area is within walkway areas).

(6)

All kitchen and other equipment (e.g. bus service stations, remote menu computer stations, hostess stations) and refuse containers used to service the outside seating area shall be located within the interior of the restaurant.

(7)

The outside seating area shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris.

(8)

All furniture, including but not limited to, tables chairs and umbrellas, located in the outside seating area shall be secured when the primary use restaurant is closed, either within a space which may not be accessed by the public or by permanently fastening such furniture in place by decorative chains or other appropriate fasteners.

(9)

In approving an outdoor seating area, the City may prescribe additional appropriate conditions and safeguards.

(10)

Outdoor seating areas shall be subject to platting requirements as set forth by Broward County requirements.

(b)

Restaurants which desire to include an outdoor seating area as an accessory use which was not previously approved shall submit an amended site plan to the City, as set forth in subsection (a)(1) hereof, which shall be reviewed by the City in accordance with the provisions of section 24-67 of this Code except as may qualify for the following administrative review process.

If all of the following specifications are met, an outdoor seating area may be approved by the Development Review Committee (DRC) through an administrative review of the amended site plan:

(1)

All submittal items set forth in subsection (a)(1) of this section shall be reviewed by the DRC and any comments of the DRC must be resolved to the satisfaction of all DRC members. Such submittal shall be with the same application and petition fee as otherwise is established for a site plan amendment. If any comment is not resolved to the satisfaction of all DRC members, the site plan amendment shall continue standard processing as a site plan amendment and the amendment shall require approval by the City Commission in accordance with section 24-67.

(2)

The outside seating area does not exceed 20 seats and therefore does not require a change to parking pursuant to subsection (a)(4) of this section.

(3)

No parking configuration or circulation is affected by or proposed with the addition of outdoor seating.

(4)

No walk-up window is requested. Inclusion of a walk-up window shall require a site plan amendment pursuant to subsection (c) of this section.

(c)

A restaurant which desires to include a walk-up window as an accessory use shall submit an amended site plan to the City, with the submittal of items set forth in subsection (a)(1) of this section, which shall be reviewed by the City in accordance with the provisions of section 24-67. Such site plan amendment shall also be reviewed for compliance with the following:

(1)

That the window cannot be accessed by a vehicle; and

(2)

That adequate separation between pedestrian and vehicular areas is provided by the amended plan.

(d)

Violations. A violation(s) of this section shall be prosecuted in accordance with Chapter 13, Article VI, of Community Appearance Board or through any other supplemental municipal code or ordinance enforcement procedures available to the City under the Florida Statutes, Community Appearance Board, or both.

(Ord. 97-2-2, § 1, 2-11-97; Ord. 11-8-1, § 3, 8-16-11; Ord. 19-11-2, § 2, 12-3-19)

Sec. 23-117.1. - Restaurants, alcohol service.

Service at a general restaurant or at a fast food restaurant may include the on-premise sale, service and consumption of alcoholic beverages as an accessory and secondary use, but shall exclude service of alcohol to a customer in a motor vehicle and is subject to any other regulation of the City Code, and to any other governmental requirement.

(Ord. 11-8-1, § 3, 8-16-11)

Sec. 23-118. - Limitations for non-residential, non-agricultural uses.

(a)

The provisions of this section shall apply to the A-1 Agricultural District, E-3 Agricultural Estate District, E-2 Rural Estate District and the E-1 Estate District.

(b)

Although non-residential and non-agricultural uses are permitted or conditionally permitted on a limited basis to serve the surrounding community, in order to promote and protect the primary purpose of agricultural and estate districts, the following limitations are hereby established.

(1)

There shall be a minimum distance of 1,000 feet between all plots upon which a development order has been issued for construction or erection of a permitted or conditionally permitted non-residential and/or non-agricultural use, or upon which a building or structure has been constructed for and is used primarily for a permitted or conditionally permitted non-residential and/or non-agricultural use.

(2)

Measurement of the 1,000 feet shall be by an actual or imaginary straight line upon the ground or in the air, from the property line of one permitted or conditionally permitted non-residential and/or non-agricultural use to the nearest property line of any other proposed non-residential and/or non-agricultural use.

(3)

Any person wishing to establish a permitted or conditionally permitted non-residential and/or non-agricultural use shall furnish to the City a special purpose survey sealed by a land surveyor certified by the State of Florida. The survey shall indicate the distance between the proposed use and any other existing or previously permitted non-residential and/or non-agricultural use.

(4)

All permitted or conditionally permitted non-residential and/or non-agricultural uses shall be located only on plots contiguous to and having access from an expressway or arterial trafficway.

(Ord. No. 01-1-3, § 1, 1-23-01)