Uses apply to zoning districts according to the tables and text of Article 3. Uses, and Article 2. Zoning Districts. Uses have parking requirements as per Article 10. Parking.

1. Use specific limitations. Use specific limitations are categorized as Principal and Accessory Uses, other use restrictions can be found in Section 3-400 Other Uses Restrictions, Section 3-500 Distance Requirements, Section 3-600 Temporary Uses, Section 3-700 Docks and Wharves, and Section 3-800 Telecommunications. Uses in zoning districts are limited to those included in this Article.
2. Change of use. Change of use shall be reviewed and approved by the Development Review Official.

This Table sets forth the uses permitted in the zoning districts. The letter "P" indicates that the use is a permitted use in the district, in compliance with the standards in Article 2, Zoning Districts and of this Article, and subject to approval as set out in Article 14, Process. The letter "C" indicates that the use is permitted in the district as a conditional use in accordance with the procedures set out in Section 14-203 and the standards in Article 3. The letters “AR" indicates the use is permitted in the district only according to regulations in Sections 3-200, 3-400 and 3-500.

This Table sets forth the accessory uses permitted in the zoning districts. The letter "P" indicates that the use is a permitted use in the district, in compliance with the standards in Article 2, Zoning Districts and of this Article, and subject to approval as set out in Article 14, Process. The letter "C" indicates that the use is permitted in the district as a conditional use in accordance with the procedures set out in Section 14-203 and the standards in Article 3. The letters “AR" indicates the use is permitted in the district only according to regulations in Sections 3-300, 3-400 and 3-500.

Each group home or assisted living facility shall be in conformance with all applicable provisions of the Florida Building Code, Miami-Dade County Health Code, appropriate state agencies, and standards and regulations of any other agency or department which has authority over facilities of this type.

All Assisted Living Facilities (ALF) in MF or MX shall not exceed a FAR of 3.0. Mediterranean bonuses may apply as permitted in these regulations. Maximum permitted number of living units shall be calculated according to the following table (two (2) persons max/unit):

1. No more than two (2) persons per bedroom, (excluding staff), shall be allowed as a means of determining maximum occupant density per dwelling unit. There shall also be a minimum of eighty (80) square feet per person of bedroom space for each dwelling unit.
2. Minimum off-street parking shall be provided at 0.5 spaces per ALF unit. Group homes shall provide off-street parking according to the requirements established in Article 10 of these regulations.
3. Recreational space shall be provided at a minimum of one hundred (100) square feet per resident, of which thirty (30%) percent shall be interior space. Exterior recreational space shall be properly landscaped and buffered for the benefit of both the residents and adjacent properties. A portion of required exterior space shall be provided on the building’s front façade to allow for the passive observation of common outdoor areas and public right-of-way by residents.
4. Facilities shall be aesthetically compatible with the surrounding neighborhood and adjacent properties.
5. Assisted Living Facilities (ALF) shall only be permitted as a conditional use.

Childcare facilities shall be provided in accordance with the provisions of Miami-Dade County Code Chapter 33, Article XA.

A family day-care home may be permitted in the SFR, MF1, MF2, MF3 and MF4 districts, subject to the following conditions and restrictions:

1. Each facility shall obtain a family day-care home license from the City of Coral Gables. Said license shall be renewable every year to ensure continued compliance with the provisions of this Section.
2. Upon making application for a family day-care home license, the applicant shall provide the following information:
   1. Applicant’s name, address and telephone number.
   2. Property owner’s name, address and telephone number (if different from applicant).
   3. Address of family day-care home.
   4. Business name to be used.
   5. Expected total number of children for which day-care will be provided.
   6. Size of residence or dwelling unit (square foot floor area) to be used.
3. The maximum number of preschool children unrelated to the resident caregiver, shall not exceed five children and, of those five (5), no more than two (2) shall be under 12 months of age, as defined by Florida Statute Section 402.302. Elementary school siblings of the preschool children may also receive day-care outside of school hours, provided that the total number of children, including those related to the care-giver shall not exceed ten (10).
4. Family day-care home facilities shall be limited to one (1) per residential structure and spaced at least ten-thousand (10,000) feet apart measured from property line to property line.
5. Family day-care home facilities shall provide a fenced or walled rear yard.
6. No signage or other means of identification shall be permitted on the exterior of a facility to indicate the operation of a family day-care home.
7. Family day-care home shall provide no less than two-hundred (200) square feet of gross floor area within the facility portion of the home for each child which receives care within that dwelling unit.

D. Family day-care home shall be registered or licensed with the State of Florida, Department of Health and Rehabilitation Services (HRS) prior to obtaining a City of Coral Gables license.

Bed and breakfast (B&B) establishments may be permitted as a Conditional Use subject to the following restrictions

1. B & B establishments may be operated on property zoned MF2 within the district bounded by Southwest Eighth Street (Tamiami Trail) to the north, Navarre Avenue to the south, Douglas to the east, and LeJeune Road to the west.
2. Structures shall be a locally designated historic landmark in order to be eligible for operation as a B & B.
3. In accordance with Article 8 Historic Preservation, a Certificate of Appropriateness shall be required for any exterior alterations to the historically-designated B & B property.
4. Notwithstanding the Conditional Use provisions provided in Section 14-203.2 through Section 14-203.7, a Conditional Use for a Bed and Breakfast that meets all of the requirements of this section, shall be reviewed as follows:
   1. A pre-application conference shall be held with Historical Resources Department staff.
   2. A complete Conditional Use site plan approval application shall be submitted to Historical Resources Department staff.
   3. Prior to a public hearing before the Historic Preservation Board, departments including to the Fire Department, Parking Department, and Development Services Department shall review the Conditional Use site plan application and provide written comments.
   4. Public notification of the Conditional Use application shall be the same as that for a Special Certificate of Appropriateness.
   5. City staff shall prepare a staff report that summarizes the application and indicates whether the application complies with each of the standards for granting conditional use approval in Section 14-203.8.
   6. Staff will provide written recommended findings of fact regarding the standards for granting conditional use approval in Section 14-203.8.
   7. Staff shall provide a recommendation as to whether the application should be approved, approved with conditions, or denied.
   8. A public hearing shall be held before the Historic Preservation Board, where a final decision shall be made.
   9. Any appeal of a decision of the Historic Preservation Board may be brought to the City Commission in accordance with Section 14-207.
   10. Section 14-203.8 through Section 14-203.11 shall apply to Conditional Uses for a Bed and Breakfast Establishment.
5. The following design requirements shall be incorporated to minimize the impact on surrounding residential areas:
   1. Appearance of structure shall remain residential;
   2. Outdoor activity areas for B & B residents use shall be visually buffered from adjacent residential uses;
   3. Vehicle ingress and on-site parking shall be screened from adjacent residential properties.
6. One wall-mounted sign shall be permitted designating the property as a B & B, and shall not exceed one-hundred sixty (160) square inches in size.
7. Property owner or manager must reside on property and be available on a daily basis.
8. The sale of alcohol shall not be permitted on premises.
9. Food service shall be limited to B & B residents.
10. Owner/Operator must comply with the following operational requirements:
    1. No weekly rates shall be offered;
    2. No hourly rates shall be offered;
    3. The owner/manager shall maintain a current guest register.
11. All B & B requests shall be required to submit the following floor and site plans:
    1. Floor plans.
    2. Parking plan.
    3. Landscaping plan.
    4. Lighting and signage plan.
    5. Building elevations.
    6. Survey.
12. For those buildings constructed prior to 1964, no additional on-site parking will be required beyond that which exists prior to the Bed and Breakfast Certificate of Use application. In lieu of the parking provision pertaining to Bed and Breakfast Establishments in Article 10 of the Zoning Code, a parking management plan for guests and the owner/manager may be submitted to the Planning and Zoning Director and the Parking Director for review and approval. The parking management plan may include a combination of remote parking, valet parking, and leasing of public parking spaces and will be reviewed based on proximity to transit, number of guest rooms, number of staff, availability of public parking and on-street parking, and other relevant factors.
13. Parking credit may be granted by the Planning and Zoning Director for parallel parking spaces in the roadway immediately in front of the subject property where such parking will not be hazardous or obstruct access.
14. Each B&B shall be subject to code enforcement measures in the same manner as any other business or residence in the City of Coral Gables.
15. The Certificate of Use for the Bed and Breakfast Establishment shall be renewed annually to ensure compliance with all applicable city regulations and conditions that may be imposed as part of the Conditional Use approval.

1. Home office use may be permitted subject to the following restrictions:
   1. A Home Office shall be defined as a space and activity within a dwelling unit devoted to a business activity carried on by a permanent domiciliary resident thereof, which use is secondary to the use of the dwelling for dwelling purposes as customarily found in the home, that does not alter the exterior of the property or affect the residential character of the neighborhood, and that meets all legal requirements of the business.
   2. A Home Office shall be subject to applicable Business Taxes and must obtain a no-fee Certificate of Use. The Home Office must comply with all applicable local, state, and federal laws.
   3. Parking related to the Home Office must comply with the City Code and Zoning Code and must meet the following additional criteria: the Home Office may not generate a greater demand for parking than a residential dwelling that is not used as a Home Office; vehicles used in connection with the Home Office must be parked in the driveway of a single-family or duplex residence, or in a legal parking space for a multi-family residence; parking on the City’s Rights of Way including swales is prohibited.
   4. The business owner and employees must reside in the dwelling except that up to two employees or independent contractors who do not reside in the dwelling may work on premises.
   5. A Home Office may not display commercial signage of any kind.
   6. This section shall not apply to short term rentals, boarding houses, hotels, motels, or bed and breakfasts.
   7. Use of the Home Office shall not create a nuisance as set forth in Article VI or Article XI of the City Code.

(Ord. No. 2022-03, 01/25/2022)

1. The purpose of this Section is to set out standards for the provision of heliports and helistops in the City. A heliport may be approved as a conditional use in a Special Use District. A helistop may be approved as a conditional use in a Special Use District, or MX2 with Design District Overlay.
2. The Planning and Zoning Board shall consider the following standards, in addition to the general standards for conditional uses in Section 14-203 in deciding whether to approve, approve with conditions or deny an application for a conditional use for a heliport or helistop:
   1. Proximity to residential and noise sensitive areas.
   2. Height and location of surrounding buildings, utility lines/towers and vegetation.
   3. Projected average decibel readings.
   4. Volume of vehicular traffic and hours of operation.
   5. Proposed site plan, including all structures, service facilities, landing pads, fueling and safety equipment, night lighting, wind directional indicators, associated parking and other accessory uses as appropriate and applicable.
3. The applicant shall provide proof of compliance with Federal Aviation Administration (FAA) requirements established in the Federal Aviation Regulations for helicopter and heliport development.
4. Take-off and landing of any helicopter is prohibited except at an approved heliport or helistop. Essential public safety services, being emergency helicopter services to and from any designated use district within the City and trauma centers, hospitals, fire stations and law enforcement agencies, shall be excluded from these requirements.

The construction and/or reconstruction of automobile service stations shall comply with the following minimum requirements:

1. Except as provided in subsection B, an automobile service station shall not be constructed and/or reconstructed anywhere except upon property which is located in a MX2 and MX3 District.
2. An automobile service station located in a MX1 District may be reconstructed provided that the plans comply in all respects with the provisions in this Article and provided that the number of pump islands shall not exceed two (2) and the number of service bays shall not be increased.
3. Automobile service station sites shall have a minimum street frontage of not less than one hundred-twenty (120) feet and a minimum area of not less than twelve-thousand (12,000) square feet. Automobile service stations established prior to the adoption of these regulations on sites less than required by this subsection may be reconstructed provided that the capacity of the new station does not exceed the capacity of the existing station.
4. All automobile service stations shall comply with the following minimum floor area requirements:
   1. The minimum floor area for an automobile service station shall not be less than one thousand-two hundred and fifty (1,250) square feet.
   2. The minimum floor area for a self-service gasoline station shall not be less than two-hundred and fifty (250) square feet including the attendant control area, rest rooms, office, storage room and vending machine room.
5. The automobile service station building, including the canopies and accessory use buildings and structures, shall not exceed a maximum lot coverage of forty (40%) percent of the area of the automobile service station site.
6. The roof over an automobile service station and accessory buildings shall be of tile, pitched and shall extend from the station over the gasoline pumps.
7. Where an automobile service station site is located at the intersection of two (2) streets, the entrances and exits to the service bays shall not be located on the front elevation of the building.
8. All pump islands shall be delineated by curbs.
9. Pump islands shall not be located closer than fifteen (15) feet to a street right-of-way line.
10. The automobile service station building shall have the following minimum setbacks:
    1. Front: Forty (40) feet.
    2. Side: Ten (10) feet.
    3. Side street: Thirty (30) feet.
    4. Rear: Ten (10) feet.
11. The canopies over the driveway and pump islands shall have the following minimum setbacks:
    1. Front: Five (5) feet.
    2. Side: Ten (10) feet.
    3. Side street: Five (5) feet.
    4. Rear: Ten (10) feet.
12. Where such automobile service station sites abut a residential district a solid four (4) foot high wall shall be constructed along the property lines abutting the residential district.
13. Not more than two (2) driveways shall be permitted from the front street to the automobile service station.
14. Any two (2) driveways connecting with a single street shall be separated by an island area. The side of the island next to and parallel to the abutting street shall be located at the property line and such island shall have a minimum length at the property line of not less than twenty (20) feet.
15. Where the building site abuts property in a residential district not more than one (1) driveway shall be permitted from a side street to the automobile service station.
16. The maximum width of any one (1) driveway shall not be greater than thirty-five (35) feet.
17. No driveway shall encroach upon curbs or pavement radii at intersections.
18. No driveway shall cross reserve corner sight distance areas.
19. The edge of the driveway shall be located not less than ten (10) feet from a side street right-of-way line.
20. The driveways and service area adjacent to the automobile service station building and pump islands shall be paved with poured concrete.
21. All paving shall be graded to provide for drainage on the automobile service station site.
22. All lubrication and greasing equipment, washing equipment, hydraulic lifts and service pits shall be located within the automobile service station building.
23. Automobile service stations shall not be permitted to engage in the selling or rental of cars, trucks and/or utility trailers.
24. Parking, loading or servicing of vehicles shall not be permitted on the public rights-of-way abutting the automobile service station site.
25. Merchandise shall not be displayed or stored outside of the principal building.
26. No automobile service stations shall be permitted to store vehicles or to be used as an off-street parking lot.
27. Each automobile service station shall provide one (1) off-street parking space for each two (2) employees with a minimum of two (2) employee spaces plus one (1) space for each service bay.
28. The illumination upon any automobile service station site shall have the source of light concealed from view from the exterior of the building site, except that where channel letters or figures are used for any sign, the illumination, thereof, may be visible if recessed within the depth of the channel. Intensification of illumination shall be approved by the Electrical Inspector. No intermittent or flashing illumination shall be permitted.

1. Live work units shall not count towards density and shall satisfy all applicable building code and fire and life safety code requirements at time of completion.
2. Each live work unit, including the garage (if applicable), shall be separated by walls from other live work units or other uses in the building, and shall have the ability to construct separate entrances to each use in the future.
3. The nonresidential space of a live work unit shall be located at the ground level and accessed from a public street. It may be expanded to include the nonresidential space of an abutting live work unit if the applicant meets all applicable building codes.
4. Changes in use to allow for nonresidential uses shall be required to pay impact and water fees, meet the applicable building codes, and the parking requirements.
5. Operation of live work unit.
   1. Prior to the issuance of an Certificate of Use for a nonresidential use, the applicant shall apply for a change in use permit if the unit was previously designated as a live work unit as part of a development approval.
   2. Deliveries for nonresidential uses in the live work unit shall be limited to the hours of 8:00 AM to 8:00 PM.
   3. Live work units shall not be used for storage of flammable liquids, or toxic hazardous materials which means any and all materials, substances, waste or chemicals classified under applicable governmental laws, rules or regulations as hazardous or toxic substances, materials, waste or chemicals.
   4. The living space and the work space shall be occupied by a common owner or tenant.
6. Design requirements.
   1. Ground level frontage shall be visible to pedestrian and vehicular traffic. A storefront shall be designed with no less than sixty (60) percent transparency when facing non-residential properties. The Board of Architects may review and consider less ground floor transparency to a minimum of forty (40%) percent on frontages facing ground level single-family and multi-family uses.
   2. Site design and landscape shall encourage pedestrian access.

(Ord. No. 2024-04, 01/23/2024)

Accessory uses, which do not alter the character of the premises in respect to their basic use, shall be permitted in connection with all uses. Specific enumeration of permissible accessory uses shall not be deemed to prevent other proper accessory uses not so enumerated. All accessory uses shall comply with the following general standards:

1. No accessory building or structure may be constructed before, but may be built concurrently with, the main building, nor shall any such building be completed before the main building is completed, except as to interior trim and decoration, or be used or occupied before the main building is completed.
2. Except as may be otherwise required, no accessory building or structure may be located in the area between the street and the main residential building or any part thereof; with the exception of fountains, reflecting pools, planters and flagpoles.
3. In no case shall an accessory building or structure be located closer to the front or side street of a lot or building site than the main or principal building; with the exception of fountains, reflecting pools, planters and flagpoles.

1. An accessory dwelling shall be permitted in an SFR District as an accessory use located above a garage.
2. An accessory dwelling shall be permitted as an accessory use in an SFR District provided that the living quarters:
   1. Are located above a garage;
   2. Are for the use of members of the family living in the main residence or persons employed on the premises; and
   3. Does not contain a kitchen.

A boat house and/or a boat slip shall be permitted as an accessory use in an SFR district provided that the boat house and/or the boat slip:

1. Is used by members of the family residing in the main residence.
2. Does not contain a kitchen.
3. Eave line does not exceed in height the eave line of the main residence.
4. Maintains the same minimum setbacks from the platted canal line or bay front and the same minimum setback from the side lot line as established for the main structure.

A cabana shall be permitted as an accessory use in a single-family district subject to the following conditions and restrictions:

1. Such cabana is used by members of the family residing in the main residence.
2. Such cabana shall be of masonry construction with tile roof and shall be designed so as to tie in architecturally with the main building.
3. The area of such cabana shall not exceed one hundred (100) square feet.
4. The setbacks and ground coverage shall be in accordance with the underlying zoning district.
5. The cabana shall not be used for living or sleeping quarters.
6. Cabanas shall only be attached to the main building by use of breezeway or other open air connection.

A guesthouse will be permitted as accessory to a Residential Estate subject to the following conditions and restrictions:

1. The guesthouse shall not exceed six hundred (600) square feet in ground area or ten (10%) percent of the ground area of the main building on the premises, whichever is greater.
2. Such guesthouse may contain kitchen facilities.
3. Only non-paying and personal guests of the occupant of the principal residence shall occupy a guesthouse.
4. Year-round occupancy shall not be permitted by the same guest.
5. The owner of the property shall not be permitted to live in the guesthouse and rent the principal residence.
6. The guesthouse shall be located in the rear yard.

A greenhouse shall be permitted as an accessory use in any residential district, subject to the following conditions and restrictions:

1. Such greenhouse shall be restricted to the sole purpose of raising vegetation.
2. Such greenhouse shall be constructed of:
   1. A pipe frame covered with a green or black chain link fencing material and/or dark green plastic screen.
   2. A pipe frame covered with a green or black chain link fencing material and/or dark green plastic screen located on top of a masonry wall, provided such masonry wall does not exceed a height of four (4) feet.
   3. Glass in metal frames, provided where masonry is used in the walls of such construction, such masonry walls shall not exceed a height of four (4) feet.
   4. A pipe frame covered with galvanized expanded metal, painted green.
3. In those instances where a greenhouse is constructed of chain link fence material, such greenhouse shall be covered at all times with dark green plastic screen, provided, however, such plastic screen may be removed in the event of a hurricane.
4. The ground dimension of such greenhouse shall not exceed a width of twelve (12) feet, and a depth of sixteen (16) feet.
5. The walls of the greenhouse shall not exceed a height of seven (7) feet.
6. The greenhouse shall not exceed an overall height of eight and one-half (8½) feet.
7. The roof pitch of such greenhouse shall not exceed a maximum of three (3) inches in twelve (12) inches.
8. Sun screens and other materials used for shading, except dark green plastic screens, shall be used only on the inside of the greenhouse.
9. The setbacks of such greenhouses shall be the same as required for screen enclosures.
10. The greenhouse shall be located on the rear of the property and shall be properly screened by landscaping from view from the street and adjacent property owners. Such landscaping shall be maintained for as long as the structure shall remain upon the premises.
11. The greenhouse shall not contain toilet facilities but may contain a sink for washing and care of the vegetation.
12. The structural design of the greenhouse shall be subject to approval by the Structural Engineer.

Play structures and recreational equipment shall be permitted as an accessory use to any Single-Family Residential District (SFR) in the rear yard or side yard, and may include swing sets, jungle gyms, and sport and exercise equipment.

A playhouse shall be permitted as an accessory use to any residential use, subject to the following conditions and restrictions:

1. Shall require a no fee zoning permit and shall be designed and constructed to playground standards.
2. Shall not exceed sixty (60) square feet.
3. Shall not require permanent foundations.
4. Shall not include plumbing, mechanical, electrical, or other systems that require a Building Permit per the Florida Building Code.
5. Shall be screened by landscape or wall to obscure the view from neighboring properties.
6. Shall be in the rear yard or side yard, and shall maintain the minimum setback of auxiliary structures except as follows:
   1. If screened from neighboring properties, the setback may be reduced to two (2) feet six (6) inches.
7. Shall not be plainly visible from any public street or public right of way.
8. Shall not interfere with any overhead utilities and shall comply with FPL standards.

A private swimming pool and spa is permitted as an accessory use in any district, subject to the following conditions and restrictions:

1. Swimming pools shall conform to the minimum structural requirements as required by the Florida Building Code.
2. Design and sanitation requirements shall meet the requirements of the Florida Building Code and the State Board of Health. All plans for swimming pools which require approval by the State Board of Health shall be stamped with the approval thereon of said Board prior to such plans being submitted to the City of Coral Gables for a building permit.
3. Maximum ground area coverage. In no case shall the main building or structure exceed thirty-five (35%) percent of the lot or lots comprising the building site, and the total ground area permitted to be occupied by the main building or structure and permitted accessory structures shall not exceed forty-five (45%) percent of the site upon which the structures are located.
4. Setback:
   1. Minimum front and side setback. Same as requirements for a residence located on the parcel where pool is to be constructed provided, however, that in no case shall the pool be located closer to a front street line of a lot or building site than the main or principal building is located.
   2. Minimum rear setback. Five (5) feet, including any necessary mechanical equipment.
   3. Waterway / golf course setback. On a lot or building site abutting upon a canal, waterway, lake, bay, or golf course, five (5) feet from such canal, waterway, lake, bay, or golf course.
   4. Measurement. All setbacks for swimming pools shall be measured from the water's edge of the pool to the nearest property line in question.
5. Unless the pool is entirely screened in, it must be surrounded by a protective wall or fence four (4) feet in height, to comply with existing ordinance for walls and fences. In all cases where a swimming pool will be visible from a street, a four (4) foot wall shall be erected upon the premises between the street and the swimming pool.
6. Gates in the protective fence and/or wall required by these regulations shall be the spring lock type, so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.
7. On inside lots swimming pools may be located within an L or U of the building facing upon a front street.
8. On corner lots, swimming pools may be located within an L of the building provided that such L is not visible in both the front and side street elevation.
9. In no case shall a swimming pool be located closer to the front or side street of a lot or building site than the main or principal building.
10. Patios and decks surrounding pools (other than wood decks governed by Section 5-310) may extend three (3) feet closer to the rear property line, canal, waterway, lake, bay or golf course, than the pool itself.

1. Storage and/or utility rooms not exceeding fifty (50) square feet of floor area, computed from the inside wall-to-wall dimensions, may be permitted as an accessory use in a single-family district or as an accessory to a duplex. The design of such rooms shall be tied in architecturally with the main building and the material used in the construction of such storage and/or utility room shall be as set forth in these regulations.
2. A separate utility building, or the use of a portion of the main building, therefore, shall be permitted as an accessory use in a multi-family district, and in connection with any overnight accommodation. Such separate building or part of the main building shall be restricted to use for laundry facilities, for housing of electrical meters or other electrical equipment, toilet facilities, and storing of tools or equipment used on the premises, and, in the case of overnight accommodations, shall be located at the rear of the building site.
3. A separate building for the storage of residential goods and to keep the same from being exposed to the public view (providing, however, that proper facilities shall be made for cleaning same as required by standard health practices), shall be permitted as an accessory use in a Mixed-use (MX) District. Such building shall be erected only at the rear of the property upon which it is to be located, and within a radial distance of one-hundred (100) feet from the main building, and under no condition shall there be more than one (1) such building erected upon a building site.

A private tennis court shall be permitted as an accessory use in a residential or Special-Use District subject to the following conditions and restrictions:

1. The setbacks for such tennis court and side and back nets, fences or walls shall be in accordance with the minimum setbacks required located of the underlying zoning district.
2. The tennis court shall not be located between the main building and the street or closer to the street than the main building.
3. Such tennis courts including side and back nets shall be screened from view from the street and the adjacent property owners.
4. The side and back nets shall not exceed a maximum height of ten (10) feet and shall be constructed in compliance with the Florida Building Code.
5. Any lighting on the tennis courts shall comply with the requirements of Article 12 of this Code.

Drive throughs shall be reviewed as a conditional use subject to the conditions below. Walk-up windows and ATMs accessory to banks, restaurants, and retail sales and service shall be permitted provided that:

1. Such uses are designed so as to not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets, alleys or sidewalks or block on-site parking facilities. If a drive-through fails to perform as designed, whether such use was previously approved or approved as a conditional use pursuant to this section, then the City may take enforcement action including revocation of the certificate of use and of the conditional use by the City Commission. Such revocation of the certificate of use and of the conditional use will only be used as enforcement action for violations of the Zoning Code that occur after the effective date of this ordinance.
2. Drive-through lanes and vehicle stacking areas adjacent to public streets or sidewalks shall be separated from such streets or sidewalks by walls, railings, or hedges at least thirty-six (36) inches in height.
3. Three-hundred and sixty (360) degree architectural treatment is utilized. Building design shall incorporate variation in building height, building mass, roof forms and changes in wall planes so as to avoid large expanses of flat, uninterrupted building walls. Drive through, ATMs and walk-up elements should be architecturally integrated into the building, rather than appearing to be applied or “stuck on” to the building.
4. Drive-through displays, ordering areas, walk-up windows, ATMs and parking canopies shall not serve as the singularly dominant feature on the site or as a sign or an attention-getting device.
5. Exterior walk-up ATMs serving pedestrians may be permitted up to a maximum of two (2) square feet in sign area per ATM machine. Such signage shall not be internally illuminated.
6. Entries and exits to drive-through facilities shall be a minimum of one hundred (100) feet from any intersection and provided from a side street or alley if determined to be appropriate. Shorter distances from road intersections may be approved if the Development Review Officer determines that public safety and/or the efficiency of traffic circulation are not being compromised.
7. Drive-through stacking lanes shall be a minimum of one hundred (100) feet from any single-family residential parcel.
8. All service areas, restrooms and ground mounted equipment associated with the drive-through shall be screened from public view.
9. Landscaping shall screen drive-through aisles from the public right-of-way and adjacent uses and shall be used to minimize the visual impacts of the drive-through.
10. A traffic study shall be required for drive-through applications. The City has the discretion to request a traffic analysis based on similar uses in the South Florida area or as determined by City Staff. Issues related to stacking analysis, impact of the drive-through facility on the urban character of the neighborhood, and operation will be reviewed as a part of the design review process. Interference with the circulation of pedestrian or vehicular traffic on adjoining streets, alleys or sidewalks and blocking of on-site parking facilities shall not be allowed.
11. Drive-through facilities may be required to provide a bypass lane based on site conditions to afford customers with the opportunity to exit the drive-through.

A building designed to be used as an emergency preparedness shelter shall be permitted as an accessory use in any district subject to the following conditions and restrictions:

1. Such shelters shall be designed and constructed in accordance with minimum accepted engineering structural principles which shall be subject to approval by the Structural Engineer and the Building Official.
2. Such shelters may be attached to the main building or constructed as a detached building provided, however, that the design thereof conforms to the design of the main or principal building.
3. Such shelters may be constructed with a flat roof provided that the maximum height of the shelter shall not exceed four (4) feet.
4. No setback shall be required for shelters when such shelters are constructed completely below grade, provided however, that no such shelter shall be constructed in the utility easement areas and provided further that the entrance doors to subject shelters are not constructed in the setback area as required for the main or principal building.
5. Setbacks shall be in accordance with the requirements of the underlying zoning district.

A massage establishment shall be permitted as accessory to a beauty salon, medical clinic, or health club. For the purposes of such accessory use, the massage establishment portion shall not exceed 40 (forty) percent of the floor area of the main facility.

1. Open air dining on private property at the ground level and upper stories, as accessory to a restaurant, provided that:
   1. The operation of such business shall not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets, alleys or sidewalks.
   2. Any open-air dining at a retail food establishment shall be in compliance with all state and local regulations and the applicant shall be required to submit a maintenance plan for review and approval by the City, and shall meet all requirements of this section.
   3. That the open-air dining area at the ground level shall not occupy an area of more than thirty (30%) percent of the public indoor area of the primary restaurant operation and shall be exempt from parking requirements.
   4. That the open-air dining area shall be exempt from parking requirements.
   5. That the open-air dining area shall be unenclosed and shall be open except that it may be covered with a canvas cover or structural canopy of a building's arcade, loggia or overhang.
   6. Open-air dining located under a building’s arcade or loggia adjacent to a public sidewalk shall not have perimeter structures such as fences, railings, planters or other such barriers, including furniture, surrounding the open-air dining area which would restrict pedestrian circulation or discourage the free use of building’s arcade or loggia by the general public. Movable planters may be permitted provided that it can be demonstrated that the free flow of pedestrian circulation can be maintained at all times through the arcade or loggia. There shall be maintained a minimum of four (4) foot clear distance within any arcade or loggia adjacent to a public sidewalk to allow adequate pedestrian movement.
   7. That all kitchen equipment used to service the open-air dining area shall be located within the kitchen of the primary restaurant or business.
   8. That the open-air dining area shall be kept in a neat and orderly appearance and shall be kept free from refuse, debris and chewing gum.
   9. Walk-up counters for the purpose of serving patrons shall require conditional use review and approval pursuant to Section 14-203, Conditional Uses. The service of patrons for walk-up counters shall not encroach into the public right-of-way and shall not interfere with pedestrian circulation on adjacent public sidewalks.
   10. The standards for nighttime uses in Section 3-418 are met.
2. Open-air dining on public property, as accessory to a restaurant, provided that:
   1. A permit issued for an open-air dining located on public property shall not be transferable in any manner.
   2. Open-air dining area shall be restricted to the length of the sidewalk or public right-of-way immediately fronting the cafe and/or restaurant. The utilization of space extending no more than twenty-five (25) linear feet on either side beyond the subject property frontage may be authorized subject to annual written consent provided by tenants in front of whose businesses the outdoor dining service would occur.
   3. Walk-up counters for the purpose of serving patrons shall require conditional use review and approval pursuant to Section 14-203, Conditional Uses. The service of patrons for walk-up counters shall not encroach into the public right-of-way and shall not interfere with pedestrian circulation on adjacent public sidewalks.
   4. There shall be maintained a minimum of five (5) foot clear distance of public sidewalk, free of all obstructions, in order to allow adequate pedestrian movement. The minimum distance shall be measured from the portion of the open-air dining area nearest either the curb-line or the nearest obstruction.
   5. No awning, canopy or covering of any kind, except individual table umbrellas, shall be allowed over any portion of the open-air dining area located on public property except as allowed under separate covenant process.
   6. No perimeter structures such as fences, railings, planters or other such barriers shall surround the open-air dining area which would restrict the free and unobstructed pedestrian flow or discourage the free use of the tables or chairs by the general public.
   7. No signage shall be permitted on the public portion of the property.
   8. All open-air dining areas shall be at the same elevation as the adjoining sidewalk or public right-of-way.
   9. Under no circumstances shall any open-air dining interfere with the free and unobstructed public access to any bus stop, crosswalks, public seating areas and conveniences, street intersections, alley, service easements, handicap facilities or access to adjacent commercial establishments.
   10. The property owner/operator shall be responsible for maintaining the outdoor dining area in a clean and safe condition. All trash, litter and chewing gum shall be removed daily.
   11. The hours of operation shall coincide with that of the primary restaurant. Tables, chairs and all other furniture used in the operation of an outdoor dining area shall not be anchored or restrained in any visible manner as with a chain, rope or wire.
   12. The standards for nighttime uses in Section 3-418 are met.
   13. Open-air dining may be suspended by the City Manager for community or special events, utility, sidewalk or road repairs, or emergency situations or violations of provisions contained herein. The length of suspension shall be for duration as determined necessary by the City Manager. Removal of all street furniture and related obstructions shall be the responsibility of the cafe and/or restaurant owner/operator.

(Ord. No. 2023-06, 01/24/2003)

Flagpoles are permitted as an accessory use within all setback areas in any zoning district subject to City Architect approval. Limit one (1) per property with a maximum height of twenty-five (25) feet.

In addition to all applicable county, state, or federal requirements this Section shall govern the placement of permanently installed stand-by generators, herein after referenced as “generator(s)”. A generator installation shall be allowed for the purpose of providing temporary power during incidental power outages and emergency power outages due to storms, hurricanes and other natural and/or man-made disasters in all residential zoning districts. Generators may not be used as a permanent source of power for a building, structure or property. Generators shall be subject to all of the following:

1. Setback(s) for a generator in all residential zoning districts. Generators shall be permitted in accordance with the following setback requirements subject to all of the following conditions:
   1. Front setback. No generator shall be allowed in the front setback.
   2. Rear setback. Ten (10) feet minimum from the rear property line.
   3. Interior side setback(s). Five (5) feet minimum from the side property line. Generators are exempt from the twenty (20%) percent total side setback requirements required for the principal and accessory structures.
   4. Side street setback(s). If there is not adequate space to satisfy all applicable county, state and federal requirements for the installation of a generator in an interior side yard or the rear yard for a generator, then the side street setback may be fifteen (15) feet minimum to the side street property line.
   5. Waterways, canals, lake or bay setback. Fifteen (15) feet minimum from such canal, waterway, lake or bay.
   6. Golf course setback. Five (5) feet minimum from the perimeter property line of the golf course.
   7. Rear street setback. Fifteen (15) feet minimum from a rear street property line.
   8. Spacing. The minimum spacing requirements between the generator and any opening in a building or structure that may be occupied by people will be as per the manufacturer’s guidelines and specifications and shall be concurrently reviewed with the applicable electrical, structural, and mechanical permits.
   9. Generators shall satisfy all applicable noise level requirements of City Code, Chapter 38 Article II, Section 38-29 as amended.
   10. In no event shall a generator be closer than ten (10) feet from any adjoining or neighboring building or structure that may be occupied by people.
   11. Number permitted in residential districts. A maximum of one (1) generator may be permitted for a single-family residence, individual duplex unit or individual townhouse unit. A maximum of one (1) generator per structure may be permitted for multi-family developments.
   12. Generator installations on improved properties may encroach into the required landscaped open space areas.
   13. Generators shall be screened from view of adjacent properties, street, canal, waterway, lake, bay, or golf course with landscaping to screen the generator entirely.
   14. Generators located between a building and a street shall be limited to a maximum height of four (4) feet and may not exceed a ground area of twenty (20) square feet. Generators that are not located between a building and a street may not exceed a ground area of one half of a percent (1/2%) of the area of the building site or a maximum ground area of one hundred (100) square feet, whichever is less. If a generator is proposed to be installed within a flood zone area, the maximum allowable generator height of four (4) feet, plus the required flood zone height, is the permitted generator height.

(Ord. No. 2022-48, 09/13/2022)

Sales and/or leasing offices as a part of a residential development for a period not to exceed twelve (12) months from the issuance of a Certificate of Occupancy. The City Manager may grant a maximum of two (2) extensions for a period of six (6) months each with a cumulative total not to exceed twelve (12) months.

The following uses shall not be permitted within the City:

1. Nightclubs as a primary use.
2. Nightclubs where alcoholic beverages exceed forty-nine (49%) percent of total quarterly gross sales receipts/revenues of a primary restaurant use pursuant to the State of Florida licensing requirements for restaurants. See Definition of “Nightclub” in Article 16.
3. Crematory or furnace for cremation of human bodies.
4. Electronic video entertainment centers and machines.
5. Casinos.

1. Except as provided in Section 3-403 (C) and (E), no automobile service station, public garage, major vehicle service shop, machine shop, used car lot or any business conducted outside a building shall be permitted on any lots or premises abutting Coral Way (a portion of which is known as Miracle Mile), or Biltmore Way, or upon lots or premises abutting Ponce De Leon Boulevard between Southwest 8th Street and Bird Road.
2. No driveway for use by motor vehicles or any other purpose shall be permitted to be constructed across the sidewalks on properties abutting Miracle Mile from Douglas Road to LeJeune Road and/or on properties abutting Ponce de Leon Boulevard from Minorca Avenue to University Drive.
3. No off-street parking shall be permitted to be located on the grade level of buildings constructed on properties abutting Miracle Mile from Douglas Road to LeJeune Road and/or on properties abutting Ponce de Leon Boulevard from Minorca Avenue to University Drive.
4. No driveway for motor vehicle purposes or any other purposes shall be constructed across the sidewalk or in such yard areas of property abutting both sides of Ponce de Leon Boulevard from Malaga Avenue to Bird Road; driveways existing as of February 26, 1981 may be permitted to remain.
5. Except as provided in Section 4-403 (F), automobile service station, public garage, major vehicle service shop, machine shop, used car lot, day labor agencies, tattoo parlors, body piercing, pawn shops, check cashing centers and blood plasma centers may be permitted only in the Design District.
6. Drive through facilities including banking facilities, restaurants, pharmacies, dry cleaners, or other drive-through businesses are prohibited access to/from Ponce de Leon Boulevard from S.W. 8th Street to Bird Road, Miracle Mile from Douglas Avenue to LeJeune Road, and Alhambra Circle from Douglas Avenue to LeJeune Road.
7. Porte-cocheres are prohibited access to/from Ponce de Leon Boulevard from S.W. 8th Street to Bird Road, Miracle Mile from Douglas Avenue to LeJeune Road, and Alhambra Circle from Douglas Avenue to LeJeune Road.

(Ord. No. 2025 -01, 01/28/2025)

No business shall be permitted unless such business is carried on within and under cover of a building or buildings according to the provisions of this and other ordinances of the City of Coral Gables. The storage of materials, goods, merchandise, and equipment for the purpose of display and/or sales outside the confines of any buildings or structures is prohibited. This section shall not apply to the following:

1. Automobile service stations.
2. Commercial nurseries for the growth and sale of trees, plants and flowers.
3. Open-air cafes and/or restaurants when approved in accordance with the provisions of Section 3-300.
4. Open-lot Christmas tree sales, as provided in Section 3-600.
5. Restaurant drive-in service windows or walk-up counters and bank drive-in or walk-up tellers when approved in accordance with the provisions of Section 3-300.
6. Used-car lots, when located in accordance with the provisions of Section 3-404.

The business or occupation of used car lot shall not be conducted anywhere within the City of Coral Gables except upon premises in the Design District or as accessory use in MX districts in association with a new car dealership.

The business or occupation of an adult bookstore, adult theater or massage salon shall not be conducted or operated except upon premises in the Design District, and, provided further that the operation of such uses shall comply with all provisions of the Zoning Code and all other applicable rules and regulations.

The business or occupation of fortune teller, clairvoyant, palmist, astrologer, phrenologist, character reader, spirit medium, absent treatment healer, mind reader, hypnotist, mental healer, numerologist, and all other businesses and occupations of a similar nature shall not be conducted or operated except upon premises in the Design District.

Commercial laundries shall not be permitted except in the Design District.

1. No boat, houseboat, vessel or watercraft of any kind may be used as a place of abode or dwelling while anchored, moored or tied up in any part of the Coral Gables waterway or canal, or within the City limits in Biscayne Bay.
2. Except as provided in subsection C, no boat, houseboat, vessel or watercraft of any kind that is not propelled by its own power shall be allowed to be or remain in any of the waterways or canals or in Biscayne Bay within the City of Coral Gables for more than six (6) hours.
3. The prohibition on non-powered boats shall not apply to properly permitted construction barges or recreational non-powered boats such as sailboats or kayaks.

1. No recreational vehicle shall be kept or parked on public or private property within the City except for the purpose of loading or unloading for a continuous period not to exceed twenty-four (24) hours during any consecutive seven (7) day period unless such recreational vehicle is parked or stored within the confines of a garage and unoccupied.
2. Under no circumstances and in no area, however zoned, shall any vehicle be used as living or sleeping quarters within the limits of the City.

No tent or detached screen enclosure of any kind shall be erected or maintained within the City limits of the City of Coral Gables, except in conjunction with a permitted temporary use. Screened enclosures, however, will be permitted as an accessory use in connection with a permitted principal use in a residential or special use district as provided for in Section 3-300.

1. It shall be unlawful for any person to park any vehicle displaying advertising signs or any truck, trailer, commercial vehicle, or recreational vehicle, in or upon any property, public or private, in any area of the City in a residential district. This prohibition, however, shall not apply in the following cases:
   1. Vehicles which are entirely enclosed within the confines of an enclosed garage.
   2. Vehicles used by licensed contractors or service establishments while actually doing work in such residential areas between the hours of 7:30 AM to 6:00 PM excluding Sundays and holidays, provided, however, that such vehicles shall contain written identification on both sides of the vehicle clearly indicating the name of the contractor or service establishment. Such identification shall be in conformance with the standards set forth in Section 8A-276(b), Commercial Vehicle Identification, of the Code of Metropolitan Dade County, Florida.
   3. Vehicles carrying a sign displaying only a noncommercial message, including a sign dealing with the candidacy of individuals for elected office.
   4. The loading or unloading of recreational vehicles as provided for under this Section.
   5. Mobile cranes and other heavy equipment used during building construction.
   6. One pickup truck may be parked outside of a residence if all three of the following requirements are met:
      1. There are no items in the bed of the vehicle.
      2. The vehicle has no commercial markings or advertising, and no commercial equipment or appendage is attached to the exterior of the vehicle.
      3. The vehicle is unmodified and has no more than four (4) wheels.
2. Active loading or unloading of trucks, trailers or commercial vehicles is allowed, provided that such loading or unloading shall take no more than two (2) hours, and shall not be done between the hours of 7:00 PM of one day and 7:00 AM of the next day within residential districts or within one-hundred (100) feet of residential districts. If any portion of a building or structure falls within one-hundred (100) feet of a residential district then the entire building or structure shall be subject to these provisions.
3. The two (2) hour time limit shall not apply to residential moving trucks loading or unloading during the hours of 7:00 AM and 7:00 PM. If a residential move is to occur between 7:00 PM and 7:00 AM, the property owner shall request a special waiver for good cause from the Development Services Director.
4. If the active loading or unloading of a truck, trailer or commercial vehicle (other than a residential move) within a residential district or within one-hundred (100) feet of a residential district will take more than two (2) hours, or take place between 7:00 PM and 7:00 am, the property owner shall request a special waiver for good cause from the Development Services Director.

Except as provided for in this Article, no trucks, trailers, commercial vehicles, or recreational vehicles, shall be parked upon the streets or other public places of the City between the hours of 7:00 PM on one day and 7:00 AM of the next day. This prohibition is in addition to the total prohibition covering residential areas as provided in Section 3-411.

Boats and boat trailers may be placed, kept or maintained or permitted to be placed, kept or maintained in any interior side or rear yard only. Parking surfaces for the placement of boats and boat trailers may be improved or unimproved.

The preparation, cultivation, storage, processing, manufacturing, delivering or dispensing of marijuana shall not be conducted for personal, business or occupational use anywhere within the City of Coral Gables. Specifically, the City will not allow a Medical Marijuana Retail Center if such use is unlawful in the opinion of the City Attorney under either state or federal law. Notwithstanding the foregoing, if permitted under both state and federal law, a Medical Marijuana Retail Center as defined herein, may be approved by the City Commission as a conditional use in the Mixed-Use (MX) Districts, if the use obtains and maintains a Medical Marijuana Permit as required by Chapter 14 “Business” Article 5 “Marijuana Sales” of the City Code of Ordinances.

1. Parking lots for nighttime uses shall be screened with opaque wall, fences or hedges to a minimum height of six (6) feet at time of planting so that vehicle headlamps cannot illuminate land which is designated as a residential district.
2. No patron or customer access for nighttime uses which is visible from land designated as a residential district shall be available from the hours of 8:00 PM to 6:00 AM.
3. No deliveries shall be accepted between the hours of 8:00 PM and 6:00 AM.
4. Windows and doors facing land designated as a residential district shall be opaque or shall be provided with shades, screens, or drapes to screen illumination from within the building.
5. A landscape buffer comprised of a continuous hedge, at a minimum height of six (6) feet at time of planting, and small trees with a height of at least fourteen (14) feet at intervals of not less than ten (10) feet on centers shall be located along any property line of a nighttime use which has a common property line with property designated as a residential district, or is separated only by an alley.
6. Signage which is visible from land designated as a residential district shall not be illuminated between the hours of 10:00 PM and 6:00 AM.
7. Additional criteria for medical clinics:
   1. Overnight stays at a medical clinic shall not exceed twenty-four (24) consecutive hours.
   2. Overnight stays shall be prohibited on Saturday or Sunday on property that abuts a residential district.
   3. Patients shall not be admitted or discharged between the hours of 10:00 PM and 6:00 AM.
   4. A maximum of six (6) beds or sleeping rooms shall be permitted, and a total of six (6) patients at one time may remain overnight in any medical clinic, regardless of the number of medical personnel affiliated with such clinic.
   5. The medical clinic shall be closed to the public between the hours of 10:00 PM and 6:00 AM.
   6. All doors in the medical clinic that face a residential district shall remain closed at all times between the hours of 10:00 PM and 6:00 AM.
   7. No loitering of any kind shall be permitted in any area which is visible from land which is designated as a residential district.
   8. Compliance with all applicable federal, state, and local laws, including, without limitation, all licensing requirements.
8. Overnight accommodations and restaurants.
   1. No outdoor facilities, including pools, decks, outdoor dining or drinking facilities which are visible from land designated residential shall be used or operated between the hours of 10:00 PM and 8:00 AM weekdays and 10:00 PM and 8:00 AM on weekends.
   2. No music (live or recorded) shall be performed or played except within an enclosed building between the hours of 8:00 PM and 6:00 AM.
   3. No kitchen with outside venting shall be directed toward residential districts and shall not be operated between the hours of 10:00 PM and 6:00 AM.

Medical Marijuana Retail Center, unless prohibited under state or federal law, subject to all of the following additional requirements:

1. Application. In addition to meeting the application requirements for a Medical Marijuana Permit in Chapter 14 “Businesses,” Article 5 “Marijuana Sales” of the City Code of Ordinances, an application for conditional use approval for a Medical Marijuana Retail Center shall:
   1. Be a joint application by the property owner and the tenant, if the Medical Marijuana Treatment Center and the property are not owned by the same person or entity;
   2. Be accompanied by a lease identifying the specific use, if the Medical Marijuana Treatment Center and the property are not owned by the same person or entity;
   3. Include a survey sealed by a registered land surveyor who is licensed by the State of Florida. The survey shall indicate the distance between the proposed Medical Marijuana Retail Center and any other Medical Marijuana Retail Center, SFR or MF1 zoning district, elementary, middle or secondary school, child day care facility, county or municipal park, or place of worship, as identified in Section 3-419.b;
   4. Conduct the public information meeting required pursuant to Section 15-102(D). Notice of the public information meeting shall be provided to all property owners and tenants within 1,000 feet of the property on which the Medical Marijuana Retail Center is proposed; and
   5. Provide, in addition to the quasi-judicial notice of conditional use hearings to property owners required by this Code, no later than 10 days prior to each and every public hearing, notice of the public hearing to all tenants within 1,000 feet of the property on which the Medical Marijuana Retail Center is proposed.
2. Location requirements. A Medical Marijuana Retail Center shall not be located:
   1. Within 500 feet of any SFR or MF1 zoning district;
   2. Within 1,000 feet of another Medical Marijuana Retail Center, whether it is located in the City or in another jurisdiction;
   3. Within 1,000 feet of a Medical Marijuana Treatment Center located in another jurisdiction (Medical Marijuana Treatment Centers are not allowed in the City);
   4. Within 1,000 feet of an elementary, middle or secondary school, child day care facility, county or municipal park, or place of worship; and
   5. Within the Central Business District.
3. Effect of future uses on spacing. Where a Medical Marijuana Retail Center is located in conformity with the provisions of this Chapter, the subsequent locating of one of the uses listed in b. above within the specified distance of an existing Medical Marijuana Retail Center shall not cause a violation of this Section. Whenever a Conditional Use approval for a Medical Marijuana Retail Center has been lawfully procured and thereafter an elementary, middle or secondary school, child day care facility, county or municipal park, or place of worship be established within a distance otherwise prohibited by law, the establishment of such use shall not be cause for the revocation of the Conditional Use approval or related Medical Marijuana Permit or prevent the subsequent renewal of same.
4. Measurement. Distances shall be measured using an airline measurement from the property line of the property on which the Medical Marijuana Retail Center is located to the nearest property line of the use or zone identified in b.i. through b.iv. that existed before the date the Medical Marijuana Retail Center submitted its initial application for approval.
5. Building requirements and use.
   1. If the Medical Marijuana Retail Center is located in a freestanding building the Center shall be the only use permitted on the property.
   2. If the Medical Marijuana Retail Center is located in a bay or multi-bay space within a multi-tenant structure, the Center shall be the only use permitted within the bay or multi-bay space it occupies.
   3. Odor and air quality. A complete air filtration and odor elimination filter and scrubber system shall be provided ensuring the use will not cause or result in dissemination of dust, smoke, or odors beyond the confines of the building, or in the case of a tenant in a multi-tenant building, beyond the confines of the occupied space. A double door system shall be provided at all entrances to mitigate odor intrusion into the air outside the Medical Marijuana Retail Center.
   4. Signage. Notwithstanding other provisions of this Code and the City Zoning Code, signage for a Medical Marijuana Retail Center shall be limited as follows:
      1. One (1) Wall Sign, not to exceed 18 square feet;
      2. No other signage, except as required by this subsection, shall be allowed;
      3. Graphics, symbols and logos are prohibited;
      4. Neon shall be prohibited;
      5. Signs shall not be internally illuminated;
      6. Signs may be externally illuminated only during hours of operation;
      7. A Medical Marijuana Retail Center shall post, at each entrance to the Medical Marijuana Retail Center the following language:

ONLY INDIVIDUALS WITH LEGALLY RECOGNIZED MARIJUANA OR CANNABIS QUALIFYING PATIENT OR CAREGIVER IDENTIFICATION CARDS OR A QUALIFYING PATIENT’S LEGAL GUARDIAN MAY OBTAIN MARIJUANA FROM A MEDICAL MARIJUANA RETAIL CENTER.

The required text shall be a minimum one-half inch in height.

6. Queuing of vehicles. The Medical Marijuana Retail Center shall ensure that there is no queuing of vehicles in the adjacent rights-of-way, the drive aisles of the Center’s parking lot, or on any adjacent properties. The Medical Marijuana Retail Center shall take all necessary and immediate steps to ensure compliance with this paragraph.
7. No drive-through service. No Medical Marijuana Retail Center shall have a drive-through service aisle. All activities will occur within an enclosed building.
8. Prohibited activities. A Medical Marijuana Retail Center shall not engage in any activity other than those activities specifically defined herein as an authorized part of the use. The preparation, wholesale storage, cultivation, or processing of any form of Marijuana or Marijuana product and on-site consumption of any Marijuana or Marijuana product is specifically prohibited. On-site storage of any form of Marijuana or Marijuana product is prohibited, except to the extent reasonably necessary for the conduct of the on-site retail business.
9. Conditional use duration. A conditional use approval for a Medical Marijuana Retail Center shall be valid for two (2) years, subject to compliance with the conditions of approval and all state and federal laws, licensing and operational requirements. A new conditional use approval must be obtained prior to expiration of the active approval to ensure continued operation.
10. Revocation of conditional use approval. Any conditional use approval granted under this section shall be immediately terminated if any one or more of the following occur:
    1. The Applicant provides false or misleading information to the City;
    2. Anyone on the premises knowingly dispenses, delivers, or otherwise transfers any Marijuana or Marijuana product to an individual or entity not authorized by state and federal law to receive such substance or product;
    3. An Applicant, Owner or manager is convicted of a felony offense;
    4. Any Applicant, Owner, manager or Employee is convicted of any drug-related crime under Florida Statutes;
    5. The Applicant fails to correct any City Code violation or to otherwise provide an action plan to remedy the violation acceptable to the City Manager within 30 days of citation;
    6. The Applicant fails to correct any State law violation or address any warning in accordance with any corrective action plan required by the State within the timeframes and completion date the Applicant provided to the City;
    7. The Applicant’s State license or approval authorizing the dispensing of Medical Marijuana expires or is revoked; or
    8. The Applicant fails to maintain a Medical Marijuana Permit as required by Chapter 14 “Businesses,” Article 5 “Marijuana Sales” of the City Code of Ordinances.
11. Transfer of Medical Marijuana Conditional Use Approval.
    1. A Conditional Use Approval for a Medical Marijuana Retail Center shall not be transferred to a new Owner, or possession, control, or operation of the establishment surrendered to such other person until a new Medical Marijuana Permit has been obtained by the new Applicant in accordance with Chapter 14 “Businesses,” Article 5 “Marijuana Sales” of the City Code.
    2. An application for a Conditional Use Approval transfer, meeting the requirements of Section 3-419 C.4.a., shall be filed with the City at the same time the new Applicant files its application for a Medical Marijuana Permit.
    3. The Application for a Conditional Use Approval transfer shall be accompanied by a Conditional Use Approval transfer fee to be set by resolution of the Commission.
    4. If the new Applicant is granted a Medical Marijuana Permit and the transfer application meets the material requirements of Section 3-419 C.4., the City Manager shall approve the Conditional Use Approval transfer.
    5. A Conditional Use approval is particular only to the applicant at the approved location and shall not be transferred to another applicant, owner or location.
    6. An attempt to transfer a Conditional Use approval either directly or indirectly in violation of this Section is hereby declared void, and in that event the Conditional Use shall be deemed abandoned, and the related Medical Marijuana Permit shall be forfeited.

It is the purpose of this Article to provide for appropriate distances between particular uses in order to mitigate any adverse impacts between particular uses.

1. No alcoholic beverage sales (package) shall be permitted upon premises closer than five hundred (500) feet from any religious institution or school without approval by the Board of Adjustment.
2. In reviewing an application for alcoholic beverage sales (package), the Board of Adjustment shall consider, but not be limited to the following criteria:
   1. Location of building on the building site.
   2. Location of entrances and exits to the licensed establishment.
   3. Proposed hours of operation.
   4. Other uses of business adjacent to or between the licensed establishment and the religious institution or school.
   5. Vehicular and pedestrian paths between the licensed establishment and the religious institution or school.
   6. Shall determine that the location is not detrimental to the public health, safety and welfare.
3. The five hundred (500) foot lateral distance shall be measured and computed by following a straight line from the nearest point of the school grounds and/or religious institution in use as part of the school grounds and/or religious institution to the nearest property line of the building site of the place of business.

1. No adult bookstore or adult theater or massage salon shall be established or located within a distance of one thousand (1,000) feet from any other adult bookstore, or adult theater or massage salon. Such distance shall be measured and computed by following a straight line between the main entrances of the places of business.
2. No adult bookstore, or adult theater or massage salon shall be located or established within a distance of one thousand (1,000) feet from a residential district and/or from a religious institution or school. Such distance shall be measured and computed, in the case of a religious institution or school, by following a straight line from the nearest point of the school and/or institution grounds in use as part of the school grounds and/or religious institution to the closest exterior door of the place of business, and in the case of residentially zoned property by following a straight line from the closest portion of a residential district to the closest exterior door of the place of business.

1. No day labor, tattoo parlors, body piercing, pawn shops, check cashing centers, blood plasma centers or similar uses shall be established or located within a distance of one thousand (1,000) feet from any of these uses to ensure compatibility with the surrounding district and uses.
2. No day labor, tattoo parlors, body piercing, pawn shops, check cashing centers, blood plasma centers, or similar uses shall be located or established within a distance of one thousand (1,000) feet from a residential district, religious institution, or school.
3. The distance shall be measured by following a straight line from the nearest point of the residential district, religious institution, or school to the closest exterior door of the place of business.

1. No Vape Shop or any retail business engaged in the sale of vape-related products shall be permitted upon premises closer than five hundred (500) feet from any school.
2. The distance shall be measured by following a straight line from the main entrance of the proposed establishment to the nearest point of the school grounds. There shall be no variances of the above distance requirements granted for any reason.

It is the purpose of Section 3-602 to Section 3-610 to provide for certain temporary uses and to ensure that such uses are compatible with adjacent land uses and consistent with the City’s goals and objectives.

The City Manager may authorize religious institutions and schools to host or sponsor carnivals subject to the following conditions and restrictions:

1. Such carnivals shall be conducted only upon the premises of the hosting and/or sponsoring religious institution or school.
2. The setting up and dismantling of all carnival equipment, structures or apparatus shall be accomplished only between the hours of 8:00 AM to 6:00 PM Monday through Saturday, provided, however, that work being done on booths by students may continue until 11:00 PM. No work shall be done on any Sunday, except that students may work on booths between the hours of 12:00 noon and 7:00 PM.
3. No tents, structures, equipment or apparatus shall be located within the established setbacks of the premises.
4. It shall be the responsibility of the carnival owners or his assigned representative to furnish proof of financial liability insurance covering accidents or injury which said insurance policy shall indemnify the City against any and all claims of losses by reason of accidents or injury.
5. No such carnival shall be allowed to operate for longer than three (3) consecutive days at any one (1) location, and no religious institution or school shall be permitted to hold more than one (1) carnival within any twelve (12) month period.
6. No alcoholic beverages shall be sold or consumed on the premises except as provided under special event regulations.
7. It shall be the responsibility of the hosting and/or sponsoring religious institution or school to provide adequate sanitary facilities.
8. All reasonable precautions shall be taken by the hosting and/or sponsoring religious institution or school to minimize the noise level resulting from such activity, particularly in the area of music emanating from amplified sound systems operated by the promoter of the carnival or any person, persons or firms engaged or authorized to provide such music. Upon notice of violation of acceptable noise levels, the religious institutions or school shall cease the violation or close down the carnival.
9. It shall be the responsibility of the hosting and/or sponsoring religious institution or school to provide adequate parking facilities, and to insure a non-disruptive traffic flow throughout the area during such activities.
10. The operation of such carnival shall be restricted to the hours of 9:00 AM to 11:00 PM Monday through Thursday and from 9:00 AM to 12:00 midnight Friday and Saturday.
11. All carnival equipment, structures or apparatus shall be removed from the premises within two (2) days, excluding Sundays, of the last scheduled day of operation of said carnival.
12. It shall be the responsibility of the hosting and/or sponsoring religious institution or school to restore the premises to its original condition within seven (7) days from the last scheduled day of operation of said carnival.
13. The operation of such carnival shall be subject to obtaining proper license and building, electrical and plumbing permits.
14. In granting approval for the operation of said carnival, the City Manager may prescribe appropriate conditions, restrictions, and safeguards it deems to be in the best interest of the surrounding neighborhood and the general public.
15. The City Manager shall be authorized and directed to close down the complete operation of any such function for violation of the regulations set forth herein.

Civic, fraternal and/or religious organizations located within the City of Coral Gables may be authorized to conduct open-lot Christmas tree sales, as a temporary use, subject to the following conditions and restrictions:

1. The sale of such Christmas trees shall be conducted only upon property in a Mixed-Use (MX) District.
2. The setting up and dismantling of all equipment, structures or apparatus shall be accomplished only between the hours of 7:30 AM to 6:00 PM Monday through Saturday. No work shall be done on any Sunday.
3. The applicant for such Christmas tree sales shall submit a sketch plan to the City Manager showing the proposed location of all equipment, tents, structures, off-street parking and tree storage and/or displays.
4. All equipment, tents, structures, tree storage and/or displays shall provide setbacks as required under these regulations and the Florida Building Code.
5. Only one (1) sign shall be permitted to be displayed upon the premises and such sign shall not be larger than thirty (30) square feet and shall not contain any reflective materials, streamers, pennants, flashing lights, movable items or similar devices. Such sign shall have a minimum setback of five (5) feet from the front and/or side property line and shall be erected or placed so that the sign is parallel or perpendicular to the front property line. Such sign shall be securely fastened to a supporting member and the top of such sign shall not exceed a height of six (6) feet above the finished grade of the ground.
6. The operation of such Christmas tree sales shall be conducted between the hours of 9:00 AM to 10:00 PM Monday through Saturday and from 12:00 noon to 9:00 PM on Sunday.
7. The proceeds from such Christmas tree sales shall be used for charitable purposes.
8. The use of sound amplification, flashing lights or other similar attention attractors and advertising devices shall be prohibited.
9. Off-street parking shall be provided as shall be required by the City Manager.
10. Adequate sanitary facilities shall be provided upon the premises of the Christmas tree sales.
11. All tents, equipment and structures shall be maintained and kept in good order and repair and, upon inspection, if found to be in disrepair shall be subject to removal and/or replacement.
12. The operation of such Christmas tree sales shall be in accordance with the fire safety standards as set forth under the Miami-Dade County Fire Prevention and Safety Code and the Florida Building Code.
13. Each organization conducting such Christmas tree sales shall furnish proof of financial liability covering accidents or injury upon the premises.
14. The construction of such Christmas tree sales shall be subject to obtaining proper license and building, electrical and plumbing permits.
15. It shall be the responsibility of each organization conducting such sales to maintain the premises in a clean and sanitary condition during the sale period.
16. Each organization shall remove all trash, debris and unsold Christmas trees from the premises within a period of seventy-two (72) hours from the last day of sale and the premises shall be restored to its original condition on or before December 31 the year of the sale.
17. In granting approval for of Christmas tree sales, the City Manager may prescribe appropriate conditions, restrictions and safeguards deemed to be in the best interest of the surrounding neighborhood and the general public.

Garage sales shall be permitted as a temporary use on the premises of residences, duplexes and apartments subject to the following conditions and restrictions:

1. No garage sale shall be conducted until and unless a permit shall have been obtained from the License Division of the City of Coral Gables. Only the owner or lessee of the property upon which the garage sale is being conducted may obtain such permit.
2. Before such permit shall be issued, the applicant shall file with the License Division an application containing the following information:
   1. Legal description and street address where such sale is to be conducted.
   2. Proof of ownership or lease of property.
   3. Date(s) of sale.
   4. Hour(s) of sale.
   5. Example of sign proposed.
3. Upon verification and compliance with the provisions of this section, and the payment of the proper fee, the License Division shall issue a permit the same day which shall designate the location of the sale and the day(s) upon which such sale(s) shall be conducted.
4. Only personal property owned by the seller and usual to a household may be sold or offered for sale by the owner or lessee of the residence, duplex or apartment as the case may be.
5. Only one (1) sign not exceeding forty (40) square inches in size may be displayed on the premises where such sale is being conducted. Such sign shall not be erected or placed closer than five (5) feet to the front or side property line.
6. Such garage sale shall be held only between the hours of 9:00 AM to 5:00 PM.
7. Personal property shall be exhibited or displayed only within established setbacks.
8. No more than two (2) consecutive days shall be permitted for any garage sale.
9. No more than two (2) garage sales shall be held from the same property within any calendar year, provided however, that such garage sales shall not be held within a thirty (30) day period from each other.
10. The garage sale permit shall be prominently displayed from the front of the building from which such sale is conducted. Upon the request of any Code Enforcement Officer of the City of Coral Gables, the owner or lessee of the property shall exhibit such permit.
11. By making application for such Garage Sale Permit, accepting said permit and conducting such sale, the owner or lessee of the property to whom such permit is granted, authorizes any Code Enforcement Officer of the City of Coral Gables to enter upon the property for the purpose of determining that such sale is being conducted in accordance with the provisions of this section. Any violation of the application and conditions of permit shall result in immediate revocation of the permit and termination of sales.

Commercial photography, which includes still photography, commercials and major motion picture filming or video, shall be permitted as a temporary use, subject to the following conditions and restrictions:

1. No commercial photography shall be conducted without a permit from the City Manager's Office. The owner or lessee of the property upon which the photography is being conducted or a representative of the production company, with the owner's written approval, may obtain such permit.
2. The permit shall be available for inspection at the site on which the photography is to occur. Upon the request of any police officer or code enforcement officer of the City, the owner, lessee or representative of the production company shall exhibit such permit.
3. No permit for commercial photography to be conducted on City land shall be issued unless the applicant has provided the City Manager with an executed hold harmless agreement in favor of the City in a form acceptable to the City Attorney.
4. The following limitations on the number and type of permits for residential districts issued annually shall be enforced:
   1. Still photography shoots that are entirely contained inside a structure can be conducted without a permit.
   2. Large still photograph shoots that are not entirely contained within the structure and commercials or corporate/industrial filming recorded on video or motion picture film shall be limited to twelve (12) permits per year for the same property, with a maximum of three (3) consecutive days allowed per permit.
   3. Major motion pictures or television programs recorded on video or motion picture film shall be limited to three (3) permits per year for the same property and only one (1) permit shall be issued during any thirty (30) day period. Each permit shall be issued for a maximum of fourteen (14) consecutive days, with a maximum of twenty-eight (28) permitted days allowed per year for the same property.
   4. Permitted days which are canceled due to circumstances beyond the control of the production company, such as bad weather days or retakes, shall extend the number of permitted days by the number so canceled, without penalty.
5. It is the intention of this section to protect the City from undue intrusions associated with commercial photography. The City Manager may approve, disapprove, or approve with appropriate conditions, any permit applied for under this section. Conditions imposed as terms under which a permit is issued may include, to the following:
   1. Advance notification of forty-eight (48) hours in a form approved by the City Manager to adjacent neighborhood properties for large still photography, commercial or corporate industrial filming. Advance notification of ten (10) days in a form approved by the City Manager to a homeowner or community association, or if none exists, to adjacent neighborhood properties, for major motion pictures or television program filming.
   2. Hiring of off-duty police officers to supervise traffic and other matters when the public right-of-way is utilized for film purposes.
   3. Hiring of off-duty police officers to provide security and control of shoots on private property.
   4. Limitations on number and location of vehicles or trailers parked on the street or swale area or adjacent or contiguous properties used in the shoot.
   5. Limitations on the daily hours or specific times when commercial photography is to take place when such limitations are necessary to limit disruption to the neighborhood.
   6. Similar conditions or limitations which are necessary to protect the immediate area from undue intrusions.
   7. Compliance with applicable noise provisions, unless otherwise conditionally approved by the City Manager.
6. The City Manager may immediately revoke any permit for violation of any part of this section or any permit condition.
7. The City Manager may refuse to issue any permit applied for if there has been evidence that previous photography at the same location created a disruptive situation in the neighborhood.
8. The City Manager may refuse to issue any permit applied for if, on previous occasions, the commercial photography company has violated conditions or restrictions of permits issued under this section.
9. The City Manager may issue administrative variances to these conditions to accommodate unusual circumstances.

Fund raising car washes shall be permitted as a temporary use on the premises of property in any Mixed-use (MX), Design District Overlay or Special Use District subject to the following conditions and restrictions:

A. No fund raising car washes shall be conducted without a permit from the License Division of the City. Only the owner or lessee of the property upon which the fund raising car wash is being conducted (or their designee) may obtain a permit.

B. Upon verification and compliance with the provisions of this section, and the payment of the proper fee, the License Division shall issue a permit the same day which shall designate the location of the car wash and the dates and hours of the car wash.

C. A car wash shall be held only on Saturdays, Sundays and holidays between the hours of 9:00 AM to 5:00 PM.

E. Only one (1) weekend (two (2) consecutive days) shall be permitted for any fund raising car wash.

F. No more than six (6) fund raising car washes shall be held by any sponsoring non-profit group or from the same property within any calendar year.

G. Each fund raising car wash shall be conducted under adult supervision, with at least one (1) person eighteen (18) years or older on premises during all hours of operation.

H. The fund raising car wash permit shall be prominently displayed from the front of the building from which the car wash is conducted. Upon the request of any police officer or code enforcement officer of the City, the owner or lessee of the property shall exhibit the permit.

I. By making application for a fund raising car wash permit, accepting the permit and conducting a car wash, the owner or lessee of the property to whom the permit is granted, authorizes any police officer or code enforcement officer of the City to enter upon the property for the purpose of determining that the car wash is being conducted in accordance with the provisions of this section.

Whenever a building permit shall have been issued by the Building Department for construction or alteration of a multi-family building, a temporary use of a construction office shall be permitted to be located on the premises covered by a building permit subject to the following conditions and restrictions:

1. That such office shall not be used as a sales or advertising office and that no sales brochures shall be handed out or distributed from such office.
2. That potable water, electricity and sanitary facilities shall be provided for such office as required by the Florida Building Code and such other applicable ordinances.
3. That such office shall not be used for living or sleeping quarters. No kitchen facilities shall be permitted.
4. That only one (1) construction office shall be allowed per construction site unless approved by the Construction Staging Committee based on the size of the facility.
5. That such construction office is not permitted in residential districts, except for multi-family projects in MF2, MF3, and MF4 on sites of not less than twenty-thousand (20,000) square feet and a minimum of twelve (12) dwelling units, if such construction office is deemed necessary and compatible by the Building Official.
6. That such office shall be removed by the contractor prior to the issuance of a Temporary or Final Certificate of Occupancy for the property or as determined by the Building Official.

Whenever a plat containing a gross area of not less than ten (10) acres shall have been recorded in the public records of Miami-Dade County, Florida, or a multi-family construction project with a site of not less than twenty-thousand (20,000) square feet and twelve (12) dwelling units, a permit may be issued for the location of a temporary land development sales office on the development site subject to the following conditions and restrictions:

1. That the use of such sales office shall be limited and restricted to the sale of lots within a subdivision, replat or multi-family project, and such office shall not be used for the transaction of any other business of whatsoever nature.
2. That the setbacks for such sales office shall be the same as that required for the premises upon which such sales office shall be located.
3. That such sales office shall be landscaped and such landscaping shall be maintained in good condition as to present a healthy, neat and orderly appearance.
4. That a minimum of six (6) paved off-street parking spaces shall be provided on the premises of such sales office.
5. That such sales office shall be equipped with adequate potable water, electricity and sanitary facilities.
6. That such sales office shall not be used for living or sleeping quarters.
7. That not more than one (1) such sales office shall be permitted to be located in any one (1) subdivision, replat or multi-family project.
8. That one (1) sign identifying the development may be placed upon such sales office.
9. That the permit for such sales office shall expire three (3) years from the date of the recording of the plat, or the issuance of a building permit for the multi-family development provided, however, that the Building Official, upon application, may authorize the extension of such permit for a good and valid reason.
10. That the Building Official may revoke the permit for such sales office should the developer fail to comply with the conditions and restrictions set forth herein.
11. That such sales office structures shall be temporary in nature, and shall be removed in the event of a hurricane (on or before issuance of warning status) or other natural and/or man-made disaster.

Temporary tents are permitted in all districts provided that:

1. Such tent is composed of nonflammable materials;
2. Such tent is not installed for more than seventy-two (72) hours, unless extended by approval of the City Manager;
3. A building permit is obtained as required by the applicable sections of the Florida Building Code.

Temporary buildings are permitted in all districts except the Single-Family Districts, subject to receipt of a building permit and approval of the City Manager for a period of twelve (12) months. The City Manager may extend the twelve (12) month period for an additional six (6) months and may impose reasonable conditions on any approval in order to mitigate the impact of such building on the immediate area.

1. For purposes of this section, the following definitions shall apply:
   
   Businesses shall mean any local business currently operating with an active Certificate of Use within the City of Coral Gables.
   
   Covid-19 emergency means the pandemic and public health crisis related to the Novel Coronavirus Disease-2019 which resulted in the issuance of various emergency orders by the State of Florida, Miami-Dade County, and the City which ordered the temporary closure of certain businesses and establishments and set forth strict re-opening conditions on a phased basis, including reduced indoor capacity and social distancing measures.
   
   Covid-19 Recovery Temporary Use Permit shall mean a permit designed to allow a temporary use or event organized to enhance economic opportunities for a business or other establishment impacted by the Covid 19 emergency. It shall not include other events or business ventures unrelated to the impact of the Covid-19 emergency.
2. The City Manager or assigned designee is authorized to allow for temporary uses and structures to occur on private property, public property or on a combination of private and public properties. Temporary uses and occupancies are limited to those businesses, educational facilities and governmental uses that have been impacted by the Covid-19 emergency and potential events that may economically benefit those businesses impacted by the Covid-19 emergency.
3. Covid-19 Recovery Temporary Use Permits are intended to provide economic relief to businesses and operational flexibility to educational facilities and governmental uses for a limited duration.
   1. Temporary Use Permits shall remain active through January 15, 2022 unless extended at the discretion of the City Commission.
   2. The City Manager may, in his or her discretion, revoke a Covid-19 Recovery Temporary Use Permit if the conditions of the permit are violated or the City Manager feels that doing so is in the best interest of the City.
   3. If the conditions of a Covid-19 Recovery Temporary Use Permit are violated, it may be revoked after the issuance of a written warning.
   4. Revocation of a Covid-19 Recovery Temporary Use Permit may be appealed, in writing, to the City Clerk within fourteen (14) days of the written revocation of the Covid-19 Recovery Temporary Use Permit. The City Manager or his or her designee shall have five (5) days to respond in writing. A special magistrate appointed by the City will review the filings and render a written order within seven (7) days of receipt of the appeal.
4. The City Manager is authorized to establish an expedited application and permitting process for Covid-19 Recovery Temporary Use Permits, provided that at all times, any Covid-19 Temporary Use Permit shall comply with the requirements of the Florida Building Code, Americans with Disabilities Act, general life safety standards, and all Covid-19 regulations, including social distancing measures, set forth in state, county, and local laws, including all applicable emergency orders and applicable zoning regulations.
5. Requirements for Covid-19 Temporary Use Permits, are as follows:

1. Application. The City Manager is authorized, at his discretion, to prepare a simplified permit application form specifically for Covid-19 Temporary Uses.
2. Time limitation for application. The City Manager is authorized to accept permit applications within a reasonable time before the proposed Covid-19 recovery special event to allow for appropriate review and determination.
3. Review and approval of permit applications. Completed applications shall be routed internally by staff for concurrent review and approval or denial by the following departments:
   1. Development Services
   2. Fire
   3. Police
   4. Economic Development
   5. Public Works (when on public property)
   6. Any other department as determined necessary based on the nature of the application by the City Manager or assigned designee.
4. Submittal package. Submittal package should include the following:
   1. Narrative outlining the intended Uses and affected businesses
   2. Site Plan
   3. Construction Drawings when necessary
   4. Noise attenuation plan
   5. Additional requirements, as deemed necessary, may be required.
5. Fees. There shall be no application fee for a Covid-19 recovery temporary use permit application. However, all fees associated with city services shall apply. The City Manager retains the authority to waive or reduce fees as necessary.

(Ord. No. 2021-21)

1. For purposes of this section, the following definitions shall apply:

Covid-19 means the Novel Coronavirus Disease-2019.

Covid-19 Testing Site Temporary Use Permit shall mean a permit designed to allow the siting of a Covid-19 testing site by a federal, state, or local government agency or its contractor for purposes of providing testing for Covid-19, vaccination, or treatment.

(b) The City Manager or assigned designee is authorized to allow for temporary Covid-19 testing, vaccination, or treatment sites and associated temporary structures operated by a federal, state, or local government agencies or its contractor to occur on private property, public property, or on a combination of private and public properties.

(c) Covid-19 Testing Site Temporary Use Permits are intended to provide local options for Covid-19 testing, vaccination, or treatment for a limited duration.

1. Covid-19 Testing Site Temporary Use Permits mayremain active through February 15, 2023, unless extended at the discretion of the City Commission.
2. The City Manager may, in his or her discretion, revoke a Covid-19 Testing Site Temporary Use Permit if the conditions of the permit are violated or the City Manager feels that doing so is in the best interest of the City.
3. If the conditions of a Covid-19 Testing Site Temporary Use Permit are violated, it may be revoked after the issuance of a written warning.
4. Revocation of a Covid-19 Testing Site Temporary Use Permit may be appealed, in writing, to the City Clerk within fourteen (14) days of the written revocation of the Covid-19 Testing Site Temporary Use Permit. The City Manger or his or her designee shall have five (5) days to respond in writing. A special magistrate appointed by the City will review the filings and render a written order within seven (7) days of receipt of the appeal.
5. The City Manager is authorized to establish an expedited application and permitting process for Covid-19 Testing Site Temporary Use Permits, providedthat at all times, any Covid-19 Testing Site Temporary Use Permit shall comply with the requirements of the Florida Building Code, Americans with Disabilities Act, general life safety standards, and any other applicable federal, state, and local laws and standards, including applicable zoning regulations.

(d) Requirements for Covid-19 Temporary Use Permits, are as follows:

1. Application. The City Manager is authorized, at his discretion, to prepare a simplified permit application form specifically for Covid-19 Testing Site Temporary Use Permits.
2. Time limitation for application. The City Manager is authorized to accept permit applications within a reasonable time before the proposed Covid-19 testing site will begin operations to allow for appropriate review and determination.
3. Review and approval of permit applications. Completed applications shall be routed internally by staff for concurrent review and approval or denial by the following departments:
   1. Development Services
   2. Fire
   3. Police
   4. Economic Development
   5. Public Works (when on public property)
   6. Any other department as determined necessary based on the nature of the application by the City Manager or assigned designee.
4. Submittal package. Submittal package should include the following:
   1. Narrative outlining the intended uses
   2. Site Plan
   3. Construction Drawings when necessary
   4. Noise attenuation plan
   5. Additional requirements, as deemed necessary, may be required.
5. Fees. There shall be no application fee for a Covid-19 recovery temporary use permit application. However, all fees associated with city services shall apply. The City Manager retains the authority to waive or reduce fees as necessary.

(Ord. No. 2022-05, 02/15/2022)

It is the purpose of Section 3-702 to Section 3-707 to set forth all regulations applicable to docks, wharves and moorings in the City to ensure that such facilities are constructed in a manner that protects neighboring properties and the property on which they are located.

The construction, erection or installation of mooring piles and/or watercraft docks or similar landing facilities for watercraft, in any water body, or on land abutting thereon, shall be subject to the following conditions and restrictions:

1. No dock, wharf or similar structure shall be constructed over or in any canal, waterway, lake or bay more than five (5) feet outward from the bank or seawall, whichever is most restrictive, except as described for specific properties and the Mahi Canal in Appendix A.
2. No mooring piles shall be placed or set in the water bodies which shall be located at a greater distance than twenty-five (25) feet from the bank of such water or waterways.
3. Docks and mooring piles may be placed on both sides of the waterways at similar distances from the bank. Open unobstructed navigable water between such piles, docks, and similar structures shall maintain a clear distance as set forth below for the following geographic areas:
   1. Seventy-five (75) feet south of US-1, excluding Block 92, Riviera Section #2.
   2. Forty-five (45) feet north of US-1 and including Block 92, Riviera Section #2.
   3. Thirty (30) feet in the Mahi Canal.
4. All mooring piles, docks and/or similar structures shall maintain the same minimum side setback from the adjacent owner's property line extended as established for the main structure permitted on each building site, unless otherwise permitted by Miami Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management (DERM) and the Board of Architects,except as described for specific properties and the Mahi Canal in Appendix A.
5. Except as described for specific properties and the Mahi Canal in Appendix A, and as provided for under Section 3-702(C) above, the mooring of watercraft in water bodies shall be forbidden unless such moorings, and similar mooring on the opposite bank, shall leave unobstructed passageway in the water body of at least seventy-five (75) feet in width.
6. Where the width of the water body permits mooring of watercraft parallel to the banks, but does not permit the erection of docks or the placing of outer mooring piles, fender or mooring piles may be placed at a distance not greater than eighteen (18) inches from the bank or shore, and such piles shall be Venetian type, painted and ornamentally capped.
7. No dock, wharf or similar structure shall be covered above grade or multi-level above grade, including platforms or balconies.

The construction, erection or installation of watercraft docks or similar landing facilities for watercraft, pilings and dolphins on the bay front edge or in Biscayne Bay shall be subject to the following conditions and restrictions:

1. No docks shall extend more than twenty-five (25) feet from the property line into Biscayne Bay.
2. All mooring piles, dolphins and/or docks shall set back a minimum distance of twenty-five (25) feet from the adjacent property owner's lot line extended.
3. No docks, pilings or dolphins may be set until a permit therefore is first granted by the Department of the Army of the United States Government.
4. Mooring piles and dolphins shall not be set more than twenty (20) feet into the bay from the dock line.

In single-family residential districts, where watercraft is permitted to be moored in water bodies, all watercraft shall be moored parallel to the property line abutting the water body.

Davits, watercraft lifts and floating watercraft lifts shall be permitted as an accessory use to property in a residential district, subject to the following conditions and restrictions, except as further provided for specific properties and the Mahi Canal in Appendix A:

1. That the appropriateness of the proposed location shall be reviewed and approved by an administrative site plan approval.
2. That certified engineering drawings be submitted with details of the proposed method of attachment.
3. That the minimum side setback for such davits, watercraft lifts or floating watercraft lifts shall be the same as the minimum side setbacks, extended, for the main structure.
4. Permitted number of davits, watercraft lift, and floating watercraft lift:
   1. Any combination of: One (1) set of davits, watercraft lift, and a floating watercraft lift, a total of three (3) such structures may be permitted for each single-family dwelling or duplex.
   2. On properties with two hundred (200) feet or more of waterfront lot width one (1) additional set of davits, a total of four (4) such structures may be permitted for each single-family dwelling or duplex.
   3. Multi-family buildings may have at least one (1) set of davits, watercraft lift or floating watercraft lift, but may not have more than one (1) set of davits, watercraft lift or floating watercraft lift per ten (10) residential dwelling units.
5. That watercraft lifts or floating watercraft lifts shall not extend beyond twenty-five (25) feet from the banks of waterways.
6. That the remaining, navigable waterway shall be a minimum of seventy-five (75) feet in width.
7. That watercraft lifts or floating watercraft lifts shall maintain safety light reflectors visible at night, and guide poles to show the submerged portion of the lift

No bulkhead, retaining wall or similar installation along a water body shall be built or constructed unless such bulkhead, retaining wall or similar installation be constructed of reinforced concrete, pre-stressed concrete or gravity mass non-reinforced concrete, providing, however, that in those water bodies west of LeJeune Road and north of Sunset Road, bulkheads and retaining walls may be constructed of concrete block or native stone. All bulkheads and retaining walls shall be subject to the following conditions:

1. All plans for such bulkheads and walls shall be designed by a registered engineer, qualified under the laws of the State of Florida, to prepare such plans.
2. All such bulkheads and walls and components shall be designed to meet loads imposed by saturated backfill.
3. The minimum elevation of such bulkheads and walls shall be six (6) feet NGVD (National Geodetic Vertical Datum 1929), and shall structurally support seven and a half (7.5) feet.

A Private Yacht Basin may be permitted as a conditional use in the SFR, MF1, MF2 or MX Districts only after a special ordinance granting permission for such use shall have been passed and adopted by the City Commission, after a public hearing before the Planning and Zoning Board at which all interested persons shall be accorded an opportunity to be heard, providing, however, that such use shall be subject to the following conditions and restrictions:

1. That any private yacht basin containing one-hundred (100) or more slips and/or berths shall be designated as a DRI (Development of Regional Impact) and as such shall require approval as provided for under Chapter 380 of the Florida Statutes.
2. The following structures will be permitted on the premises as an accessory use:
   1. A structure to be designated as a Control Center containing not more than three-thousand-five-hundred (3,500) square foot floor area with a height not exceeding two and one-half (2½) stories, providing however that the Control Center Tower shall not exceed an overall height of forty-nine (49) feet. The control center building shall be used to provide yacht basin control, security, gate keeper, security personnel, management staff, offices for Homeowners Association, general storage for control operation, toilet facilities and utility collection points.
   2. Structures to be designated as Accessory Buildings containing a total of not more than one-thousand five-hundred (1,500) square foot floor area with a height not exceeding one (1) story shall be limited to storage for maintenance equipment for operation of the yacht basin, remote storage buildings adjacent to docks and utility meter rooms.
   3. A structure to be designated as a Dockmaster's Building containing not more than two-thousand (2,000) minimum square foot floor area with a height not exceeding two and one-half (2½) stories. The dock master’s building shall be used to provide waterside control for the yacht basin, as well as the center of operations for the boats moored in the yacht basin, radio communications to serve the yacht basin as well as the control center, space for the dock master and his staff, storage and toilet facilities.
3. The following uses shall not be permitted in connection with the operation of a private yacht basin:
   1. Clubhouse.
   2. Swimming pools.
   3. The storage or dispensing of fuels, unless in compliance with the minimum standards set forth in Ordinance No. 2932.
   4. Laundry facilities.
   5. Facilities for the dispensing of food and alcoholic beverages.
   6. Launching ramps and/or launching facilities.
   7. Parking and/or storage of boat trailers.
   8. Mooring of commercial vessels.
   9. Repair or overhauling of boats.
   10. Rental or lease of boats.
   11. Dry storage or stacking of boats.
   12. Bait and tackle shop.
   13. Retail sales facilities.
   14. Sightseeing crafts.
   15. Commercial fishing vessel.
   16. Charter boats.
   17. Yacht brokers.
   18. Marine insurance broker.
   19. Under no circumstances shall any boat, vessel, watercraft or by whatever name known be used as living or sleeping quarters.
4. Bulkheads and retaining walls shall be provided in accordance with the provisions of the Zoning Code, Code of the City of Coral Gables, Subdivision Ordinance and all other applicable codes, ordinances and regulations. The use of rock rip-rap in lieu of bulkheads and retaining walls may be permitted subject to approval by the City Commission upon recommendation of the Public Works Department, Structural Engineer and Planning and Zoning Board.
5. Off-street parking shall be provided at the rate of one (1) parking space for each slip or berth plus one (1) parking space for each three-hundred (300) square feet of gross floor area of any buildings located on the premises.
6. The yacht basin shall be supplied with a potable water supply system and such water supply shall be protected by properly designed and located backflow preventers including the installation of a vacuum breaker on the discharge side and near the last valve for each water outlet to which a hose can be connected. Hoses used for potable water shall be blue or green or labeled and designated by use of a blue or green color code. The nozzle or outlet of the hose shall be protected from contamination, and hoses used for placing water in a sewage holding tank for flushing purposes shall be separate from hoses used for potable water and shall be red, yellow or brown.
7. The yacht basin shall provide a facility capable of lifting sewage not less than twelve (12) feet under vacuum and delivering it to a receiving facility free from spillage and clogging. Equipment used in connection with the pump-out facility shall be designed to be easily serviced in case of clogging. Vacuum hoses used in connection with a pump-out facility shall be pliable, collapse-proof, non-kinking, and equipped with a connection or insert device, which will preclude leakage or spillage during the pump out operation.
   
   Sewage removed from a watercraft holding tank shall be handled in one of the following ways:
   1. Discharged into a public or governmental sewer by means of a gravity line or a force main.
   2. Stored in an on-shore or dockside holding tank, which is watertight and so positioned, or moveable to such a site, that it can be easily serviced in a sanitary manner.
8. The discharge of raw sewage from any boat or watercraft located within the yacht basin shall be prohibited.
9. The yacht basin shall provide for the accumulation and removal of garbage and trash in accordance with the provisions of Chapter 15 of the Code of the City of Coral Gables as if the same were fully set forth herein.
10. The setbacks for the yacht basin shall be established at the time the conditional use is approved.
11. The yacht basin shall comply with the provisions for fire prevention as set forth under the Florida Building Code, the National Fire Prevention Association (NFPA) Publication No. 303-1975 entitled, "Fire Protection Standards for Marinas and Boatyards," and the National Fire Prevention Association (NFPA) Publication No. 87-1975 entitled, "Standards for the Construction and Protection of Piers and Wharves" and shall be subject to approval by the City of Coral Gables Fire Department.
12. Not less than eighteen (18%) percent of the yacht basin site shall be devoted to landscaped open space. Such area shall be landscaped with trees, shrubbery, hedges and other acceptable landscaped material and such landscape material and such landscape area shall be maintained in a neat and orderly appearance.
13. All parking areas shall be provided with a maintained minimum of one-third (⅓) foot-candle of light on the parking surface during the hours of operation and one-half (1/2) hour after closing. Any other outdoor lighting for the yacht basin shall not be permitted except under the following conditions:
    1. Detailed plans shall be submitted to the Development Services Department showing the location, height, type of lights, intensity, shades, deflectors and beam directions.
    2. The Development Services Department may issue a permit for such lighting if, after a review of the detailed plans therefore and after consideration of the adjacent area and neighborhood and its use and future development, the proposed lighting will be so located, oriented, adjusted and shielded that the lighting will be deflected, shaded and focused away from such adjacent property and will not be or become a nuisance to such adjacent property and providing, however, that in no case shall any light be mounted higher than twenty (20) feet above the finished grade of the ground.
14. The waste water resulting from the periodic washing of impervious surfaces shall be channeled to natural filter or swale areas prior to soil infiltration.
15. For the purpose of controlling noise pollution in the yacht basin, boats and watercraft operating under power shall be considered motor vehicles and shall be subject to the provisions of Chapter 19 of the Code of the City of Coral Gables entitled: Noises as if the same were fully set forth herein.
16. The hours of operation of the supporting facilities, exclusive of security, shall be from 6:00 AM to 9:00 PM.
17. The responsibility for the maintenance of the yacht basin shall be borne by the developer, its successors or assigns, or an association consisting of owners and/or leaseholders of the lands, water, piers, docks, buildings, structures, mangroves, seawalls, rip-rap and any and all other improvements of whatsoever nature in the yacht basin.
18. Applicants requesting approval of a conditional use for a Private Yacht Basin shall submit a detailed plan showing the complete layout of the yacht basin including retaining walls, bulkheading, docks, piers, slips, pilings, landscaping, off-street parking, buildings, structures, roads, drives, drainage, water supply and sewage facilities.

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

1. Protect and promote the public health, safety and general welfare of the residents of the City and support the City’s public safety and internal communications needs;
2. Provide for the appropriate location and development of telecommunications facilities within the municipal limits
3. Minimize residential areas and land uses from potential adverse impacts of towers and antennas;
4. Encourage the location of towers to the extent possible on property used for municipal purposes and in nonresidential areas to minimize the adverse impact on the community;
5. Minimize the total number of towers throughout the community by strongly encouraging the colocation of antennas on pre-existing towers and other structures as a primary option rather than construction of additional telecommunications towers;
6. Encourage users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
7. Minimize potential damage to property from telecommunications towers and facilities by requiring such structures be soundly designed, constructed, modified and maintained, and
8. Enhance the ability of the providers of personal wireless services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the City shall at all times give due consideration to the City’s Comprehensive Plan (CP), zoning map, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of telecommunications towers and antennas

1. All new towers shall be considered as a Conditional Use subject to all of the requirements of Section 14-203 of these regulations and this Article. All antennas and other Telecommunications Facilities shall be considered as a Permitted Use, subject to the standards in this Article. To the extent a conflict should arise between this Article and the Conditional Use requirements under the City’s Zoning Code, the latter shall control. All new towers and antennas and repairs or modifications to existing telecommunications facilities in the City shall also be subject to the regulations in this Article to the full extent permitted under applicable state and federal law. Telecommunications facilities owned by the City shall not be subject to this Article, except as specifically referred to herein.
2. Pre-existing telecommunications towers and antennas shall be required to meet the requirements of this Article, unless prohibited by applicable law.
3. Personal Radio Services antennas. This Article shall not govern any telecommunications facilities owned and operated for providing personal radio services. Refer to Section 3-811, for provisions applicable to personal radio services.
4. Pending applications. This Article shall not apply to all applications that have received a preliminary approval from the Board of Architects preliminary review and are considered vested. Those applications with preliminary approval shall comply with the prior Code requirements. All applications not yet vested shall comply with the new Code requirements set out in this Article.
5. Non-essential services. The providing of Personal Wireless Services and the siting and construction of telecommunications facilities shall be regulated and permitted pursuant to this Article and shall not be regulated or permitted as essential services or City telecommunications.
6. Except for matters herein specifically reserved to the City Commission, the City Manager shall be the principal City official responsible for the administration of this Article. The City Manager may delegate any or all of the duties hereunder unless prohibited by applicable law.

1. The City shall create an application form that may be amended from time to time, for a person to apply for the construction, installation, or placement of a telecommunications facility, telecommunications tower, or antenna within the City consistent with the terms of this Article.
2. The following information must be included in an application.
   1. Name and contact information for the applicant.
   2. Whether the proposed facility is the Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or telecommunications tower on such lot. A statement regarding whether the tower is a new installation or is a modification of an existing structure to be used as a tower. A statement regarding the proposed antenna(s) that will be placed on the proposed tower or attached to or placed upon an existing building.
   3. Lot size. For purposes of determining whether the installation of a telecommunications tower or antenna complies with the zoning provisions, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or telecommunications tower may be located on leased parcels within such lot.
   4. Specific information about the proposed location, height, and design of the proposed telecommunications facilities.
   5. Inventory of existing sites.
      1. Each applicant shall provide the City with an inventory of its pre-existing telecommunications towers and antennas within the City, and the pre-existing sites of other service providers’ telecommunications towers within a one (1) mile radius from the proposed site regardless of City boundaries.
      2. The City encourages and hereby establishes a preference for collocation. For applications for new telecommunications towers, the applicant must provide information to demonstrate, pursuant to the procedures listed within this subsection that no pre-existing telecommunications tower, structure, or state of the art technology, can accommodate or be modified to accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower, structure, or state of the art technology is suitable may consist of the following:
         1. An affidavit with supporting plans and calculations demonstrating that pre-existing towers or structures located within the geographic search area as determined by a Florida professional engineer experienced in the design of telecommunications systems do not have the capacity to provide reasonable technical service consistent with the applicant’s technical system, including but not limited to, applicable FCC requirements.
         2. An affidavit by a Florida professional engineer experienced in design of telecommunications systems demonstrating that pre-existing towers or structures are not of sufficient height to meet applicable FCC requirements, or engineering requirements of the applicant.
         3. An affidavit with supporting plans and calculations by a Florida professional engineer experienced in design of telecommunications systems demonstrating that pre-existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
         4. An affidavit that the applicant's proposed antenna would cause interference with antennas on pre-existing towers or structures, or the antenna on the pre-existing towers or structures would cause interference with the applicant's proposed antenna.
         5. An affidavit that the applicant’s proposed antenna on a pre-existing tower or structure would cause interference with the City’s telecommunications facilities.
         6. An affidavit demonstrating that the applicant made diligent efforts but was unable to obtain permission to install or collocate the applicant’s telecommunications facilities on pre-existing telecommunications towers or usable antenna support located within a one (1) mile radius from the proposed site.
         7. An affidavit demonstrating that there are other limiting factors that render pre-existing towers and structures unsuitable.
   6. Information to demonstrate compliance with land use siting hierarchies contained in Section 3-804.
   7. An engineering report, certified by a Florida professional engineer experienced in the design of telecommunications systems that shall include:
      1. Information for site plan and Planning and Zoning Board review, including without limitation, a legal description of the parent tract and leased parcel if applicable, onsite and adjacent land uses, Master Plan classification of the site, a visual impact analysis and photo digitalization and landscaping embellishment and/or methods used for concealment or camouflage of the proposed telecommunications facilities viewed from the property line, as well as at a distance of two hundred and fifty (250) feet and five hundred (500) feet from all properties within that range, or at other points agreed upon.
      2. Due consideration must be given to potential construction details, including preliminary structural analysis for any proposed structures, such as equipment screen walls.
      3. A statement of compliance with Section 3-800 et seq. and all applicable building codes, associated regulations and safety standards. For all telecommunications facilities attached to existing structures, the statement shall include certification that the structure can support all existing and additional superimposed loads from the telecommunications facility, in compliance with all applicable building codes, associated regulations and safety standards.
      4. A certification from a Florida professional engineer experienced in design of telecommunications systems that the proposed facility including reception and transmission functions, will not interfere with or obstruct transmission to and from existing City telecommunications facilities.
      5. A remedial action plan, subject to the City’s approval, that includes but is not limited to, procedures to rectify any interference or obstruction with City telecommunications, its plans to make all necessary repairs and/or accommodations to alleviate the interference or obstruction, and a period of compliance.
   8. Additional information that the City may request consistent with this Article, all other applicable City zoning requirements and applicable law to process the application. In the event the City requests any additional information, the time in which an application is processed shall be tolled pending receipt and further evaluation.
3. Applications for a telecommunications facility on any property owned, leased or otherwise controlled by the City shall require a lease agreement approved by the City Commission and executed by the City and the owner of the proposed telecommunications facility. The City may require, as a condition of entering into a lease agreement, the dedication of space on the facility for City communications purposes, as well as property improvement on the leased space. As part of any application to collocate facilities on City owned property, the City may require that the applicant improve the structural integrity of the building, structure or other City facility. Any dedications and improvements shall be negotiated prior to execution of the lease. Unless otherwise provided by the City Commission, pursuant to Chapter 2, Article VIII, Division 12, Section 2-1093 of the City Code of Ordinances, a request to lease property owned, leased or otherwise controlled by the City for a telecommunications facility shall require that the proposed lessee pay the reasonable costs incurred by the City in connection with the request, including engineering, architect and attorneys’ fees. For the purpose of this subsection, property otherwise controlled by the City does not include the City public rights-of-way or utility poles owned by the City in the public rights-of-way, which are addressed in the City’s Communications Rights-of-Way Ordinance, as it may be amended.
   1. No lease granted pursuant to this Article shall convey the exclusive right, privilege, permit or franchise to occupy or to use the public lands of the City for delivery of telecommunications services or any other purpose.
   2. No lease granted pursuant to this Article shall convey any right, title or interest in the public lands other than a leasehold interest, and shall be deemed only to allow the use of the public lands for the limited purposes and term stated in the lease. No lease shall be construed as a conveyance of a title interest in the property.
   3. The City Manager, or his or her designee, may enter into an entry and testing agreement with a service provider to allow for the entry on City property for the purpose of testing. Such entry and testing agreements shall provide for a reasonable time period for such entry and testing, insurance and indemnification requirements, and shall be subject to the approval of the City Attorney.
   4. Any proposed modifications to a telecommunications facility on property owner, leased or otherwise controlled by the City, shall require approval of the City, in its capacity as the landlord or party in control of the property, in addition to any permitting requirements that may apply, and depending on the language of the lease, may require an amendment to the lease.
4. Filing fee. Failure to comply with the filing fee and cost recovery requirements in the City’s Code shall cause the application to be deemed withdrawn or any approvals previously issued to be revoked.
5. All applications shall be executed by a person with authority to act on behalf of the applicant and verified under penalty of perjury that the information contained within the application is true and correct to the best of the person’s knowledge. All subsequent information submitted to the City and appearances at City hearings shall be by a person with authority to act on behalf of the applicant.

1. Unless otherwise authorized by state or federal law, no person shall construct, install or maintain a telecommunications facility within the City without the City’s approval pursuant to this Article. The City shall review and respond to an application within the time dictated by the nature and scope of the individual application, subject to the generally applicable time frames and consistent with the intent of the Telecommunications Act, Spectrum Act, and Florida law.
2. The City shall review the application for consistency with the City’s Comprehensive Plan (CP), these regulations, and compatibility of the proposed telecommunications facility with the surrounding neighborhood.
3. Timeframes for application.
   1. The City may establish separate applications for the various administrative approvals needed by an applicant including but not limited to, site plan, zoning compliance, public safety, and building permit reviews.
   2. Notification of completeness. The City shall notify the applicant within twenty (20) business days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed, containing sufficiently reliable information, and has been properly submitted in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed. If the application has been properly submitted, the application shall be scheduled for the next regularly scheduled public hearing of the Planning and Zoning Board, if such a hearing is required by applicable law.
   3. Timeframe for decision. Each application for a new tower or antenna shall be approved or denied by the City within ninety (90) business days after the date that the properly completed application is submitted to the City, provided that such application complies with all applicable federal regulations, and applicable local zoning and/or land development regulations, including but not limited to any aesthetic requirements.
   4. Each application for collocation of a second or subsequent antenna on a tower, building, or structure within the City’s jurisdiction shall be approved or denied by the City within forty-five (45) business days after the date the properly completed application is submitted to the City, provided that such application complies with all applicable federal regulations, and applicable local zoning and/or land development regulations, including any aesthetic requirements.
   5. Extension and waiver. Where action by a City Board, Committee, or the City Commission is required on an application, the City may, by letter to the applicant, extend the timeframe for a decision until the next available regularly scheduled meeting of the City Board, Committee, or City Commission. Notwithstanding the foregoing, the applicant may voluntarily agree to waive the timeframes set forth above.
   6. Emergency extension. In addition to the extensions referenced in subsection C(5), the City shall also have the discretion to declare a one (1) time waiver of the time frames set forth herein in the case of a declared local, state, or federal emergency that directly affects the administration of all permitting activities in the City.
4. Co-location incentive.
   1. To encourage collocation, an application submitted to colocate a second or subsequent antenna on an existing structure or on a pre-existing telecommunications tower shall only require the approval of the Development Review Committee, Board of Architects and the City Manager. For such applications that are not subject to the City Commission’s approval pursuant to this Article, the City Manager shall issue a written decision either approving or denying an application.
   2. All other applications for the installation of a telecommunications tower shall be subject to approval or denial by the City Commission and shall comply with the application process set out in Section 14-203 for Conditional Use. The process requires that the applications, including site plan, be submitted to the Development Review Committee, then to the Board of Architects, then to the Planning and Zoning Board, and then to the City Commission for a public hearing. All other applications for an antenna or other telecommunications facility shall be subject to review as a Conditional Use.
   3. Whether an application is for an initial installation or co-location, the City shall not approve an application for a proposed telecommunications facility that causes interference with any City communications services, or is otherwise not in compliance with the City’s CP, this Article or any and all applicable provisions of these regulations.
5. For all applications subject to a hearing before the City Commission, the Planning and Zoning Board shall issue a written recommendation to the City Commission. The City Commission shall consider any part of the application, the City staff’s recommendation, and any additional evidence presented by the applicant and the public. The City Commission’s consideration of an application may include but is not limited to, the compatibility with the surrounding neighborhood or lack thereof, compliance or non-compliance with the CP, this Article or any other Article of the City’s Code, or any other lawful reason considered by the City. In the event of conflicts between this Article and these regulations, the more stringent provision with respect to the construction of a telecommunications facility shall apply.
6. Appeals. Appeals shall be considered in accordance with the provisions of Section 14-207 of these regulations. No decision of the City Manager may be appealed to a court without first appealing the decision to the City Commission.

1. General regulations. The standards listed in this Article apply specifically to all antennas, towers and telecommunications facilities, except those owned by the City, located on property owned, leased, or otherwise controlled and approved by the City or located on private property as specified herein. The City shall not be required to provide access to City property. To the extent that these development standards conflict with the applicable Conditional Use requirements of these regulations, the latter shall control.
2. Local, state or federal requirements. The construction, maintenance and repair of telecommunications facilities are subject to the supervision of the City to the full extent permitted by applicable law, and shall be performed in compliance with all laws, ordinances and practices affecting such facility including, but not limited to zoning codes, building codes, and safety codes, and as provided herein. The construction, maintenance, and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. All telecommunication towers and antennas must meet current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas within the City shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling organization, state or federal agency. Failure to comply with applicable standards and regulations shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense.
3. Co-location. It is the intent of the City to encourage co-location of antennas by more than one service provider on pre-existing telecommunications towers and structures. Except as provided herein, all towers shall have the capacity to permit multiple users. At a minimum, monopole towers shall be able to accommodate two (2) service providers and, at a minimum, lattice or guyed towers shall be able to accommodate three (3) service providers.
4. Hierarchy of siting alternatives. Placement of telecommunications towers, antennas and telecommunications facilities shall be in accordance with the following siting alternatives hierarchy.
   1. The order of ranking is from highest (a) to lowest (h). Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.
      1. Co-location on existing stealth tower on property used for a municipal purpose including but not limited to parks, public service and City maintenance yards, police and fire stations, City Hall, and community centers (hereinafter “municipal use property”).
      2. Co-location on existing telecommunications tower on municipal use property.
      3. Attached telecommunications facility on municipal use property.
      4. Co-location on existing structures on municipal use property.
      5. New stealth tower on municipal use property.
      6. Co-location on existing stealth tower on private property.
      7. Attached telecommunications facility on private property.
      8. New stealth tower on privately owned property.
   2. For siting of new telecommunications towers on privately owned property, the following secondary hierarchy of zoning districts from highest (a) to lowest (f) is applicable. Where a lower ranked alternative is proposed, the applicant must set out in its application that the higher ranked zoning alternatives are not available and demonstrate with particularity why they are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.
      1. Mixed-Use Districts.
      2. Multi-Family Districts.
      3. Special-Use District.
         
         All other districts are least favored. If an applicant seeks to locate telecommunications towers in a residential zoning district, the applicant may submit an application to the City, with payment of the appropriate fee, for the City to cooperate in determining an appropriate site. Such application, however, shall not be subject to the timeframes for action on an application as otherwise provided in this Article. The placement of towers or antennas shall not be permitted in the Preservation District which is reserved for the preservation and conservation of the City’s natural resources. To minimize the visual impact of telecommunications facilities in all zoning districts listed herein, only stealth telecommunications facilities may be permitted.
5. Aesthetics. It is the intent of this Article to provide for appropriate screening to minimize the visual impact of all telecommunications facilities located within the City.
   1. Telecommunications facilities and towers that are located within three hundred (300) feet of a residential district shall be of a type of stealth design that the City may require to best fit into the surrounding area.
   2. Towers and antennas shall meet the following requirements:
      1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness or be painted a color as may be required by the City.
      2. At a telecommunications tower site, the design of the equipment facilities and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact yet maintaining standards as sets forth by the City Code.
      3. The equipment facilities shall be completely surrounded by a decorative concrete block and stucco or pre-cast concrete wall, designed in a “Mediterranean” architectural style or such other style as the Board of Architects or the City Commission may require. This decorative wall shall be designed at the minimum height necessary to completely screen the equipment facilities so as not to be visible from abutting public streets. If it would blend in more with the surrounding area, the City may require opaque fencing in lieu of the decorative wall.
      4. Architectural embellishment to the decorative wall shall be integrated into the design. Adequate access shall be provided by opaque gates. Walls, gates and accessory structures shall be determined by the Board of Architects and/or any applicable City Code provisions.
      5. This decorative wall must be surrounded by a ten (10) foot wide landscape buffer to include three (3) tiers of plant material, designed by a landscape architect registered in the State of Florida. The three (3) tiers shall include, at a minimum, native shade trees planted one (1) tree per thirty (30) feet on center with fourteen (14) foot minimum heights; a continuous hedge broken only where access gates are required; and groundcover including annuals. Palm trees are to be used as accent plant material. Proper irrigation must be provided and maintained for long-term maintenance of the site or parcel. The overall aesthetic appeal and relationship with the architectural design of the wall and the site will be judged by the Board of Architects for compliance with these design criteria.
      6. Telecommunications tower sites must comply with any landscaping requirements of the City Code and all other applicable aesthetic and safety requirements of the City, and the City may require landscaping in excess of those requirements to enhance compatibility with adjacent land uses. All landscaping shall be properly maintained to ensure good health and viability at the owner’s expense. Telecommunications facilities shall be landscaped as required by the City.
      7. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting equipment facility shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. The City shall have the discretion to require that any aesthetic screening required by the City exceed the height of the equipment associated with the antenna by a minimum of one (1) foot.
      8. No more than one (1) telecommunications tower shall be located on a single lot or single building site unless approved by the City.
6. Antennas on preexisting structure or rooftop.
   1. Any antenna which is attached to any structure other than a preexisting telecommunications tower may be approved by the City as a Conditional Use accessory to any commercial, professional, institutional, or multifamily structure provided:
      1. The antenna does not extend more than ten (10) feet above the highest point of the structure;
      2. The antenna is not visible from the ground from a distance of five hundred (500) and one thousand (1000) feet, or other points agreed to. Screening from ground view may be provided by a parapet or some other type of wall or screening;
      3. The antenna is not to be located closer than eight (8) feet to any power line;
      4. The number of antennas does not exceed three (3) per seven hundred and fifty (750) square feet of roof area per roof top for buildings under one hundred and twenty five (125) feet;
      5. The number of antennas is not limited for any one (1) building of one hundred and twenty five (125) feet or higher;
      6. The antenna shall be installed and maintained in accordance with all applicable code requirements;
      7. The antenna complies with all applicable FCC and FAA regulations and all applicable building codes;
      8. The antenna shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting building and shall be screened as required by the City so as to make the antenna and related equipment as visually unobtrusive as possible;
      9. To minimize adverse visual impacts, antennas shall be selected based upon the following priority:
         1. Any stealth antenna (whether panel, whip or dish);
         2. Panel;
         3. Whip;
         4. Dish; and
      10. The applicant shall demonstrate, in order of priority as outlined above and in a manner acceptable to the City, why each choice cannot be used for a particular application.
   2. Antennas on preexisting telecommunications towers. An antenna attached to a preexisting telecommunications tower shall be consistent with the following:
      1. A telecommunications tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same telecommunications tower design as the existing telecommunications tower, unless the City allows reconstruction as a monopole pursuant to this Article.
      2. Height. An antenna may not extend more than ten (10) feet above the telecommunications tower. An existing telecommunications tower may be modified or rebuilt to a taller height to accommodate the co-location of an additional antenna, only if the modification or reconstruction is approved by the City Manager and is in full compliance with this Article. The additional height referred to above shall not require an additional setback or distance separation, subject to City Commission approval. The tower’s premodification height shall be used to calculate such setback and distance separations. The maximum additional height that may be added to a tower will vary with the height limitations in the zoning district.
      3. Onsite location. A telecommunications tower that is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within fifty (50) feet of its existing location, so long as it complies with all of the set-back requirements and other restrictions in the City’s Code. After the telecommunications tower is rebuilt to accommodate co-location, only one (1) telecommunications tower may remain on the site.
      4. Microwave dish antennas shall be regulated pursuant to Section 5-600.
7. Lighting. No signals, artificial lights, or illumination shall be permitted on any antenna or telecommunications tower unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Lighting design, if required or proposed, is also under the purview of the Planning and Zoning Board and City Commission, to the extent not prohibited by applicable law. Light fixtures types, if visible, shall be designed in accordance with the architectural design. Industrial type lighting such as wall packs shall be minimized, especially at a visible location.
8. Setbacks. Telecommunications towers must be set back from the property line a minimum distance of one hundred and ten (110%) percent of the height of the telecommunications tower or as otherwise approved by the City. For purposes of measurement, telecommunications tower setback distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries.
9. Separation. Any telecommunications tower shall be separated from any other telecommunications tower by a distance of no less than one (1) mile as measured by a straight line between the bases of the towers. For purposes of measurement, telecommunications tower separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries. Towers must also be separated from adjacent properties by a landscape buffer.
10. Height. Telecommunications towers shall not be constructed at any heights in excess of one hundred twenty (120) feet. For the purpose of determining compliance with all requirements of this Article, telecommunications tower height shall be measured from grade to the highest point on the telecommunications tower or other structure, including the base pad and any antenna over the top of the telecommunications tower structure itself. The City may approve a maximum height not to exceed two-hundred (200) feet for good cause shown.
11. Modification of existing telecommunications facility.
    1. Minor modification of a telecommunications facility, including alteration of the antenna array shall not require an additional approval so long the modification does not change the height of the telecommunications tower, enlarge the antenna array, affect the structural capacity of the telecommunications facility, defeat any concealment or stealth characteristics, or enlarge the equipment facility. All other modifications shall require City Manager approval only.
    2. Proposed Facilities Modifications Pursuant to the Spectrum Act. The following provisions of this Article shall apply to a proposed facilities modification application pursuant to Section 6409 of the Spectrum Act, as amended, and shall supersede inconsistent provisions of this Article.
       1. The City Manager or designee shall approve proposed facilities modification applications that do not result in a substantial change to an existing wireless tower or base station and comply with the requirements as set forth in this subsection.
       2. This subsection shall not apply to proposed facility modifications to an eligible support structure that is not a legal conforming, or legal non-conforming structure at the time a completed eligible facilities modification application is filed with the City.
       3. This subsection shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support transmission equipment lawfully installed within, or upon, or attached to, the structure.
       4. Eligible Facilities Modification Application Requirements. Applications for eligible facilities modification must meet the following standards:
          1. All applications for eligible facilities modification shall be in writing and accompanied by the applicable application and fee established by resolution of the City Commission and attested to by the authorized person submitting the application on behalf of the applicant, certifying the truth and accuracy of the information provided in the application.
          2. No application for eligible facilities modification shall be approved unless it includes the following information:
             1. The legal and dba names, mailing address, tax Identification number, and contact phone number(s) of applicant.
             2. If a corporation, the name and address of the registered agent of applicant in the State of Florida and the State of incorporation of the applicant.
             3. If applicant is an entity, other than a corporation, such a partnership or limited liability company, the names and business addresses of the principals.
             4. An assertion signed and sealed by a qualified Florida licensed engineer that the proposed facilities modification is subject to review under Section 6409 of the Spectrum Act, as amended, and that the modification does not constitute a substantial change to an existing wireless tower or base station.
             5. A certified copy of the permit issued by the appropriate government authority for the tower or base station.
             6. If the applicant is not the owner or person in control of the eligible support structure and/or site, the following shall be required:
                1. An attestation that the owner, landlord, or person in control of the eligible support structure and/or site has consented to the proposed facilities modification.
                2. If the eligible support structure is located in a public right of way, the applicant must also attest that applicant has authorization to install, maintain and operate transmission equipment in, under and above the public rights-of-way.
             7. If the applicant proposes a modification that will result in an increase in height of the eligible support structure, the application shall include record drawings, as built plans, or the equivalent, signed and sealed by a qualified Florida licensed engineer, showing the height of the eligible support structure, (1) as originally constructed and granted approval by the City or other applicable local zoning or similar regulatory authority, or (2) as of the most recent modification that received City, or other local zoning or regulatory approval, prior to the passage of the Spectrum Act, whichever height is greater.
             8. If the applicant proposes a modification to an eligible support structure, which structure, or proposed modification, is subject to pre-existing restrictions or requirements imposed by a reviewing official or decision-making body pursuant to authority granted under the City Code, or an ordinance or a municipal code of another local government authority, the application shall include a certified copy of the document (e.g., permit or conditional approval) setting forth such pre-existing restrictions or requirements together with a certification that the proposed facilities modification conforms to such restrictions or requirements; provided that, such certification shall have no application to the extent the proposed facilities modification relates solely to an increase in height, increase in width, addition of cabinets, or new excavation, that does not result in a substantial change in the physical dimensions of the eligible support structure.
                1. If the applicant proposes a modification to an eligible support structure, which structure, or proposed modification of the same, is subject to pre-existing concealment restrictions or requirements, or was constructed with concealment elements, the following shall be required:
                2. Applicant shall set forth the facts and circumstances demonstrating that the proposed modification would not defeat the existing concealment elements of the eligible support structure; and
             9. If the proposed modification will alter the exterior dimensions or appearance of the eligible support structure, applicant shall include a detailed visual simulation depicting how the eligible support structure will appear after the proposed modification is complete. The visual simulation shall depict to scale the eligible support structure in relation to the trees, landscaping and other structures adjacent to, or in the immediate vicinity of, the eligible support structure.
             10. If the applicant proposes a modification that will protrude from the edge of a non-tower eligible support structure, the application shall include record drawings, as-built plans, or the equivalent, signed and sealed by a Florida licensed engineer, showing at a minimum the edge of the eligible support structure at the location of the proposed modification.
             11. If the applicant proposes a modification to an eligible support structure that will include any excavation or would result in a protrusion from the edge of a tower that exceeds an existing protrusion of any transmission equipment attached to a tower, or would protrude from the edge of a non-tower eligible support structure, the following shall be required:
                 1. A description of the boundaries of the site together with a scale drawing based on an accurate traverse, with angular and lineal dimensions, depicting the boundaries of the site in relation to the tower or base station proposed to be modified and depicting the proposed location, elevation and dimensions of the new or replacement transmission equipment.
                 2. A survey by a Florida licensed land surveyor when a survey is reasonably necessary to verify the boundaries of the site to determine if the proposed facilities modification would result in a substantial change in the physical dimensions of the eligible support structure.
             12. If the applicant proposes a modification to the eligible support structure that includes hardening through structural enhancement, the following shall be required:
                 1. A technical report by a qualified Florida licensed engineer, demonstrating that the structural enhancement is performed in connection with and is necessary to support the proposed collocation, removal, or replacement of transmission equipment and conforms to applicable code requirements.
                 2. The City may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant’s demonstration of necessity.
             13. If the applicant proposes a modification to a tower, the following shall be required:
                 1. A signed and sealed report by a Florida licensed engineer demonstrating that the tower with the proposed modifications will comply with applicable structural, electrical and safety codes, including by way of example, and not limitation, standards published by the American National Standards Institute (as amended), allowable wind speed for the applicable zone in which the tower is located, and describing the general structural capacity of the tower with the proposed modifications, including:
                    1. The number and type of antennas that can be accommodated;
                    2. The basis of calculation of capacity; and
                    3. A written statement that the proposed modification complies with all federal guidelines regarding interference and ANSI standards as adopted by the FCC, including but not limited to non-ionizing electromagnetic radiation (NIER) standard.
                 2. The City may retain, at the expense of the applicant, the services of an independent technical expert to review, evaluate and provide an opinion regarding the applicant’s demonstration of compliance.
             14. If the applicant proposes a modification to a base station, the application shall include a signed and sealed report by a Florida licensed engineer demonstrating that the base station, with the proposed modifications, will comply with applicable structural, electrical and safety codes.
             15. If the applicant proposes a modification requiring, alteration to the eligible support structure, excavation, installation of new equipment cabinets, or any other activities impacting or altering the land, existing structures, fencing, or landscaping on the site, the following shall be required:
                 1. A detailed site plan and drawings, signed and sealed by appropriate engineering or other professional, showing the true north point, a graphic scale and, drawn to an appropriate decimal scale, indicating and depicting:
                 2. The location, elevation and dimensions of the existing eligible support structure;
                 3. The location, elevation and dimensions of the existing transmission equipment,
                 4. The location, elevation and dimensions of the transmission equipment, if any, proposed to be collocated or that will replace existing transmission equipment,
                 5. The location, elevation and dimensions of any proposed new equipment cabinets and the intended use of each;
                 6. Any proposed modification to the eligible support structure,
                 7. The location of existing structures on the site, including fencing, screening, trees, and other significant site features, and
                 8. The location of any areas where excavation is proposed showing the elevations, depths, and width of the proposed excavation and materials and dimensions of the equipment to be placed in the area excavated.
             16. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by 47 C.F.R. Section 1.1307, as amended, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
             17. If the applicant proposes a modication that may impact any property on the National Register of Historic Places or City Historic Landmark, the application shall include a review by the City’s Historic Preservation Officer.
       5. Review of Application.
          1. The City shall review an application for an eligible facilities modification pursuant to this section, to determine whether the application qualifies.
          2. The City shall notify the applicant within thirty (30) days after the date the application is initially submitted or additional information resubmitted, whether the application is properly completed in compliance with the City’s requirements. If the application is not complete in compliance with the City’s requirements, the City shall so notify the applicant in writing delineating all missing documents and information required in the application that if are cured would deem the application properly completed.
          3. Upon submission of information to cure the stated deficiencies, the City shall notify the applicant, in writing, no later than ten (10) days after the additional information is submitted, of any remaining deficiencies that must be cured, delineating missing information. If a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the City may continue to request the information until such time as the specified deficiency is cured, or may establish a reasonable time frame within which the required information to cure the application deficiency is to be provided.
          4. Completeness review; time limitation. The City shall grant or deny a completed application for eligible facilities modification within sixty (60) days of the date of the applicant’s submission of an application seeking approval under this subsection, after it is determined to be properly completed. The sixty (60) day review period begins to run when the application is filed with the required submissions as set forth herein and expires on the first business day (not a holiday or weekend day) following sixty (60) days.
          5. Tolling Time to Review. The sixty (60) day review period may be tolled by mutual agreement of the City and the applicant. In addition, the sixty (60) time period for the City to approve or to deny the application shall be tolled if the City notifies the applicant within thirty (30) days that the application is incomplete, or if supplemental informaiton to cure incompleteness filed, if the City notifies the applicant within ten (10) days that supplemental submissions to cure incompleteness are not sufficient. Any application that is deemed granted because the City did not act on a completed application within sixty (60) days does not become effective until the applicant notifies the City Manager in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. The time periods herein are not tolled by a moratorium on review of applications.
       6. Permit Term. An eligible facilities modification permit issued pursuant to this subsection shall be valid for a term of 180 days from the date of issuance.
12. Building codes, safety standards and inspections.
    1. To ensure the structural integrity of telecommunications facilities, towers and antennas installed, the owner shall construct and maintain telecommunications facilities, towers, and antennas in compliance with the Florida Building Code, and all other applicable codes and standards, as amended from time to time. A statement shall be submitted to the City by a Florida professional engineer experienced in structural design of telecommunications structures certifying compliance with this Article upon completion of construction and/or subsequent modification. Where a pre-existing structure, excluding light and power poles, is requested as a stealth facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this Article and all other applicable standards as may be amended from time to time.
    2. The City reserves the right to conduct periodic inspection of telecommunications facilities, towers, and antennas at the owner’s expense, to ensure structural, electrical and general systems integrity and compliance with this Article. There shall be a maximum of one (1) inspection per year. The owner of the telecommunications facilities, towers, or antennas may be required by the City to have more frequent inspections or provide other reports at its expense should there be an emergency, extraordinary conditions or other reason to believe that the structural, electrical and general systems integrity of the telecommunications facility, tower, or antenna is jeopardized. If, upon inspection, the City concludes that a telecommunications facility, tower, or antenna fails to comply with such applicable codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner, the owner shall commence work within thirty (30) days to bring such telecommunications facility, tower, or antenna into compliance with such standards. Failure to bring such telecommunications facilities, tower or antenna into compliance within sixty (60) days of notice shall constitute grounds for the removal of the telecommunications facilities, tower, or antenna at the owner’s expense.
13. Warning signs. Notwithstanding any contrary provisions of the City’s Code, the following shall be utilized in connection with any telecommunications facility, tower or antenna site, as applicable.
    1. If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, “HIGH VOLTAGEDANGER” warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart.
    2. “NO TRESPASSING” warning signs shall be permanently attached to the fence or wall and spaced no more than forty (40) feet apart.
    3. The height of the lettering of the warning signs shall be at least twelve (12) inches in height. The warning signs shall be installed at least five (5) feet above the finished grade.
    4. The warning signs may be attached to freestanding poles if landscaping may obstruct the content of the signs.
    5. The face of the warning signs shall be consistent with federal and state law. The trim or framing around the face of the warning signs must be designed to have a decorative appeal.
14. Licenses. Owners and/or operators of towers or antennas shall certify that all occupational licenses required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required occupational licenses with the City.
15. Public Notice. If approved, upon the City’s request, the owner of any telecommunications tower shall provide notice of the location of the telecommunications tower and the tower’s load capacity to other service providers. All costs related to the public notice shall be paid by the applicant.
16. Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna, telecommunications facility, or telecommunications tower unless required by applicable law or permit.
17. Parking. Each telecommunications facility site may provide parking only for use by maintenance personnel. No vehicle storage shall occur.
18. Outdoor storage. No outdoor storage of vehicles or maintenance equipment is permitted on sites approved for telecommunications facilities.
19. Telecommunications towers and antennas in the public rights-of-way. Towers and antennas to be installed in the public rights-of-way shall be subject to this Article as well as other provisions of the City Code, including but not limited to Chapter 22, Article VIII, Section 22-200 of the City Code. The height of a telecommunications tower in the public rights-of-way shall not be greater than the height of existing utility poles surrounding the proposed tower and shall be of a design consistent with existing utility poles. All antennas attached to the tower or existing utility poles shall be consistent with the requirements herein.

1. Equipment facilities for a telecommunications tower or antennas mounted on a tower shall not exceed one thousand (1,000) square feet of gross floor area not including the surrounding concrete pad, or be more than ten (10) feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.
2. Equipment facilities used in association with antennas mounted on structures or rooftops shall comply with the following:
   1. All equipment facilities for an array on a structure or rooftop shall not exceed six hundred (600) square feet of gross floor area or be more than ten (10) feet in height or as otherwise allowed by the City. This ten (10) foot height limitation shall be measured from the top of the structure or roofline to the highest point of the equipment facility. The base pad shall be considered part of the facility for purposes of measuring the height. In addition, for structures which are less than four (4) stories in height, the related unmanned equipment facility, if over one hundred (100) square feet of gross floor area or six (6) feet in height, including base pad, shall be located on the ground or inside the structure and shall not be located on the top of the structure or rooftop unless the structure is completely screened from site.
   2. Providers shall place equipment facilities inside the building or structure where technically feasible. If the equipment facility is located on the roof of a building, the area of the equipment facility and all other equipment and structures shall not occupy more than fifty (50%) percent of the roof area. Once fifty (50%) percent of the roof area has been occupied by telecommunications equipment and all other equipment and structures, no additional antennas or equipment may be placed on that rooftop. The City may grant an exception to this provision allowing for additional equipment on a particular rooftop, if the applicant first, at its own cost, conducts an examination of the structural integrity of the roof to determine whether the roof can accept the placement of additional equipment. The City shall balance this report with the aesthetic issues related thereto in considering whether to allow for additional equipment.
   3. The City may require that equipment facilities installed on a building shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting building and shall be screened as required by the City so as to make the equipment facility as visually unobtrusive as possible. The City shall have the discretion to require that any aesthetic screening exceed the height of the equipment associated with the antenna by a minimum of one (1) foot.
3. Equipment facilities shall comply with all applicable zoning and building codes, including minimum setback requirements as provided herein.
4. Mobile or immobile equipment not used in direct support of a telecommunications tower shall not be stored or parked on the site of the telecommunication tower, except while repairs or inspections of the telecommunications tower are being made.
5. All buildings and equipment cabinets shall be unoccupied at all times except for routine maintenance.
6. Equipment facilities associated with towers or antennas placed in the public rights-of-ways shall be subject to this Article as well as other provisions of the City Code, including but not limited to Chapter 22, Article VIII, Section 22-200 of the City Code. Such equipment facilities shall be located underground, on existing utility poles or an existing tower, or in existing buildings adjacent to the public rights-of-ways. All lines and cabling to and from such equipment facilities shall be located underground. Design and size of such equipment facilities shall be subject to regulation of the City.

1. City telecommunications facilities and wireless services. The City may reasonably require appropriate space on towers and structures for location of City communications facilities as necessary for the City’s internal communications, public safety, or public purposes as determined by the City for the health, safety and welfare of the City’s residents.
   1. The City reserves the right to negotiate with an applicant for a telecommunications tower for space on the proposed telecommunications tower as may be determined by the City and the applicant. If such negotiations do not result in an agreement, the parties shall submit such dispute to mediation under terms to which the parties shall agree.
   2. The City may reasonably require a developer or property owner seeking approvals from the City to permit the City without charge to the City to locate City communications facilities on their building, on another structure, or on their property to allow for the provision of City public safety or internal communications.
   3. All developers or property owners allowing wireless facilities on their buildings, on other structures, or on their property that requires the City’s approval shall reserve on their structure or property sufficient space as reasonably specified and required by the City to accommodate City telecommunications facilities.
   4. The City may reasonably require a developer or property owner seeking approvals from the City to permit service providers to locate telecommunications facilities on their buildings, on another structure, or on their property with reasonable compensation to allow for the provision of personal wireless services within the City limits.
2. Interference with City telecommunications facilities. To the extent not inconsistent with applicable law, all service providers of and owners of telecommunications facilities, buildings, or property within the City shall comply with the following:
   1. No telecommunications facility, building, or structure shall interfere with any public frequency or City telecommunications facilities. Any service provider that causes interference with any public frequency or the operations of City telecommunications facilities, shall, after receiving notice, rectify the interference immediately.
   2. The City shall not issue a building permit for any proposed building that will interfere with City telecommunications facility or public frequency unless such building complies with this Article.
   3. Telecommunications corridor.
      1. All plans for buildings to be built having a height of fifty-five (55) feet or greater and located within a designated telecommunications corridor as shown on the telecommunication transmission corridors map shall be reviewed by the Development Services Department and/or the Technical Services division of the Police Department to determine the proposed building’s impact on communications transmission. If the City’s determination is that the proposed building will interfere with communications transmission, then the building plans shall be required to include facility space, at no cost to the City, for telecommunications equipment as specified in subsection (c) and the expenses of such equipment shall be the responsibility of the building owner or developer.
      2. All plans for buildings having a height greater than one-hundred fifty (150) feet and located within designated telecommunication corridors shall be required to include facility space, at no cost to the City, for telecommunication equipment as specified in subsection (c) and the expenses of such equipment shall be the responsibility of the building owner or developer.
      3. When telecommunication facility space for antennas and radio equipment is required, such space shall:
         1. Be provided on the rooftop for antennas.
         2. Be provided within the building and be air-conditioned for radio equipment.
         3. Be accessible twenty-four (24) hours per day.
         4. Be sized in accordance with user requirements to meet the needs of the equipment operations and maintenance.
         5. Be subject to all easements, covenants, and agreements necessary to address peripheral issues associated with the enactment of these provisions and as further stipulated in the City Code, Ordinance No. 2961.
         6. Not be counted in Floor Area Ratio (FAR) calculations if said space is used by, or set aside for, the City.
         7. Include all necessary vertical access to roof-mounted equipment.
   4. In the event that the telecommunications facility interferes with City telecommunications facilities, it shall be the responsibility of the service provider that creates the interference to make all necessary repairs and/or accommodations to alleviate the problem at its expense. The City shall be held harmless in this occurrence.
   5. In the event that the service provider interferes with City telecommunications facilities, once it rectifies the interference, it shall, within thirty (30) days, file a report with the City by a Florida professional engineer experienced in design of telecommunications systems that includes the source of the interference, how the interference was rectified, and service provider’s plans on preventing such interference from occurring in the future.
   6. To the extent not inconsistent with applicable law, if the service provider refuses to rectify interference within twenty-four (24) hours of receiving notice, said violation shall be considered a zoning violation and all applicable remedies thereto may be imposed for such violation. The City may, in addition to the foregoing, file a complaint with the FCC for resolution and/or seek an injunction and pursue other actions including criminal sanctions against the service provider pursuant to Florida law, including Florida Statutes, §§ 843.025 and 843.165. Any person who is found to have violated this Article shall be subject to sanctions as provided by applicable law.
   7. The installation of a Bi-Directional Amplifier (BDA) by a private property owner shall not interfere with any City frequency. All applicants for permits for new buildings or structures after the adoption of this Article shall be disclose, as a condition of approval, the existence of any BDA to be installed in the building. In the event the BDA is installed subsequent to completion of construction, the developer or property owner of the building or structure shall be required to disclose the existence of the BDA. The disclosure is necessary to allow the City to conduct tests to ensure that the BDA does not interfere with City communications.
   8. A BDA, whether installed in new or existing buildings or structures, shall contain the address, telephone number, and facsimile number of a contact person. The owner of the building shall be responsible for ensuring that accurate contact information remains located on the outside of the BDA. Failure to attach this contact information shall be considered a violation of the City Code and all applicable remedies thereto may be imposed for such violation on the owner.
   9. Existing buildings or structures that already have or may install a BDA are not required to disclose its existence, although it is encouraged that the BDA be disclosed to local law enforcement. Once the City, however, identifies a BDA in an existing building or structure that is interfering with City communications, the operator of the BDA will be notified using the contact information. The operator shall be responsible for stopping the BDA from interfering with City communications within twenty-four (24) hours. The preferred form of notice from the City shall be sending a notice of interference via facsimile and providing the operator twenty-four (24) hours from the facsimile transmission to cease the interference. The operator shall acknowledge in writing that it has received the notice, and such response shall include a statement regarding what the operator is doing to rectify the situation, no later than twelve (12) hours after receipt of the notice. If the operator fails to respond to the notice, the City shall consider this a violation of the City Code and all applicable remedies thereto may be imposed for such violation. In addition to any penalties the City may impose on the operator, the City shall also have the right to terminate the BDA twenty-four (24) hours from the time noted on the facsimile transmission of the notice to the operator. The City shall not be responsible for any damage to the BDA should it be required to be taken out of service or terminated. If the facsimile number is not working for whatever reason, the City shall telephone the contact person. The operator shall be responsible for ensuring that this number is answered or that the City’s call is returned. If the operator does not respond within twelve (12) hours after the call is received, the City shall consider this non-responsiveness a violation of the City Code and all applicable remedies thereto may be imposed for such violation. In addition to any monetary penalties the City may impose on the operator, the City shall also have the right terminate the BDA twenty-four (24) hours from the call to the operator. As a courtesy, the City may send a letter via regular U.S. Mail that the BDA will be terminated to the address provided on the contact information. The City’s failure to send this notice via regular mail shall have no legal effect on the City’s right to terminate the BDA for interference with City communications. The City shall not be responsible for any damage to the BDA should it be required to be taken out of service.
   10. If the BDA fails to have the appropriate contact information, the City shall attempt to contact the building owner or management company of the building or structure. The City shall have the right to terminate the BDA twenty-four (24) hours after attempting to contact the building owner or management company. The City shall not be responsible for any damage to the BDA should it be required to be taken out of service or terminated.
   11. The City’s building official shall have the authority to authorize disconnection of electric service to a building, structure, or telecommunications facility in case of emergency where necessary to address an immediate hazard to life or property. The building official shall notify the electric utility and whenever possible the owner of the building, structure, or telecommunications facility of the decision to disconnect prior to disconnecting and shall notify the owner in writing as soon as practical thereafter.

Any antenna, equipment facility, or telecommunications tower that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner of such antenna, equipment facility, or telecommunications tower shall remove the same within ninety (90) days of receipt of notice from the City. Failure to remove an abandoned antenna, equipment facility, or telecommunications tower within the ninety (90) days shall be grounds for the City to remove the telecommunications tower, equipment facility or antenna at the owner's expense. If there are two (2) or more users of a single telecommunications tower or telecommunications facility, then this provision shall not become effective until all users cease using the telecommunications tower or telecommunications facility.

1. Indemnification. The City shall not enter into any lease agreement for City owned property until and unless the City obtains an adequate indemnity from such provider. The indemnity must at least:
   1. 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.
   2. Indemnify and hold harmless the City, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys’ fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from or of each telecommunications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions.
   3. Provide that the covenants and representations relating to the indemnification provision shall survive following the term of any agreement and continue in full force and effect for at least one (1) year following the termination of the party’s agreement as to the party’s responsibility to indemnify.
2. Insurance. The City may not enter into any lease agreement for City owned property until and unless the City obtains assurance that such lessee (and those acting on its behalf) has adequate insurance. At a minimum, the following requirements must be satisfied:
   1. A telecommunications facility owner shall not commence construction or operation of the facility without obtaining all insurance required under this Article and approval of such insurance by the City Manager, nor shall a telecommunications facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved.
   2. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage.
   3. These certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty (30) days prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The City may amend its requirements pertaining to insurance from time to time and may require additional provisions pertaining to such insurance in a lease.
   4. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the City, then in that event, the telecommunications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period.
3. Comprehensive general liability. A telecommunications facility operator and its contractors or subcontractors engaged in work on the operator’s behalf, shall maintain adequate insurance to cover liability, bodily injury and property damage in the amount to be determined by the City at the time of application. Exposures to be covered include premises, operations, and those certain contracts relating to the construction, installation or maintenance of the telecommunications facility. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the City and the telecommunications facility operator. Certificates of insurance reflecting evidence of the required insurance shall be filed with the City.

1. Prior to any construction, every applicant, whether on public or private property within the City, shall establish a cash security fund, or subject to the City’s approval in its sole discretion, provide the City with an irrevocable letter of credit or performance bond subject to the City Attorney’s approval, in the amount specified in an agreement, permit, or other authorization as necessary to ensure the applicant’s faithful performance of construction and compliance with this Article and removal of abandoned facilities. The amount of the Security Fund shall be established by the City based upon the facilities being constructed and potential costs to the City to remove the facilities and restore the property. The minimum amount of the Security Fund for a telecommunications tower shall be twenty-five thousand ($25,000) dollars and the minimum amount for each antenna shall be one thousand ($1,000) dollars. The tower or antenna owner shall ensure that the required Security Fund is maintained with the City for as long as the facility remains in the City.
2. If the City in its discretion accepts a bond, the applicant and the surety shall be jointly and severally liable under the terms of the bond. The bond shall be issued by a surety having a minimum rating of A-1 in Best’s Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City Attorney; and shall provide that:

“This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew.”

3. The rights reserved by the City with respect to any Security Fund established pursuant to this Article are in addition to all other rights and remedies the City may have under the City Code, a permit, a lease, or at law or equity.

Antenna Support Structures used in the operation of Personal Radio Services shall be exempted from the provisions contained within this Article except as noted within this Section. Personal radio services’ Antenna Support Structures shall be governed by the following:

1. Application requirements and fees. An application shall comply with the requirements of sections 3-803 (B) (1), (3), (4) and (8). The City may establish a filing fee for such application and Section 3-803(D) shall apply to such fee. The timeframes for review contained within Section 3-803 shall not apply to such application. Other application requirements may be requested as determined by the Department completing the review.
2. Required reviews and permits.
   1. By right review. Applications for Antenna Support Structures less than fifty (50) feet in height shall be submitted to the Development Services Department for review and permit issuance.
   2. Conditional use review. Antenna Support Structures greater than fifty (50) feet in height require conditional use review pursuant to the Conditional Use provisions of the Zoning Code. Conditional use review applications shall be submitted to the Planning and Zoning Division for review. The Department shall provide a recommendation which shall be forwarded for public hearing review by the Planning and Zoning Board and City Commission at which all interested persons shall be afforded an opportunity to be heard. The Planning and Zoning Board shall make a recommendation to the City Commission. The City Commission approval, if granted shall be in Resolution form at one advertised public hearing.
   3. Board of Architects review. Board of Architects review and approval is required for all applications. Prior to scheduling an application for a conditional use review, preliminary Board of Architects review and approval is required.
   4. Permits shall be required for installation of all Antenna Support Structures.
      
      If approval is recommended and/or granted, City Staff, the Planning and Zoning Board and City Commission may proscribe conditions and safeguards to such approval.

3. Requirements.

   1. Such Antenna Support Structures as a minimum shall be subject to the following standards.

      1. Measurement of height. In computing the height of the installation, the top section of the pole, mast or tower, including antenna array, when fully extended, shall be considered the top for the purpose of these provisions.

      2. Permitted locations and number permitted. A maximum of one (1) Antenna Support Structure shall be permitted on each building site with a SFR, MF1, MF2, MF3 and MF4 zoning districts.

      3. Building site location. Antenna Support Structures shall be located behind the required primary/principle building within the rear and interior side yard of the property. Antenna Support Structures are prohibited within the front and side street yard areas.

      4. Setbacks. Antenna Support Structures shall maintain the same rear and side setbacks as required for the principal building of the building site. All of the above shall also be a minimum of eight (8) feet from any overhead utility line(s) and power line(s). Where such Antenna Support Structure is located on a building site which is fronting upon two or more streets and/or alleys, the Antenna Support Structure shall maintain the same primary/principle building setback as required for each such street or alley.

      5. Dismantling/tilting provisions for Antenna Support Structures exceeding fifty (50) feet in height. An Antenna Support Structure exceeding fifty (50) feet in height shall have the capability of being cranked up and down or being tilted over. Tilted Antenna Support Structures shall comply with all setbacks contained herein. In case of an impending hurricane or other natural disasters, the Antenna Support Structure shall be cranked down to its nested position or tilted over and antenna shall be removed. Antenna engaged in emergency communications shall be exempted from the dismantling provisions.

      6. Installation. The installation or modification of an Antenna Support Structure and foundation shall be in accordance with the manufacturer's prescribed installation and safety procedures and shall meet all applicable City, State and Federal requirements, as amended including but not limited to the following: Florida Building Code, City Code, Zoning Code, National Electric Code and F.C.C. regulations.

4. Violations. Violations of any conditions and safeguards, when made part of the terms under which the application is approved, shall be deemed grounds for revocation of the permit and punishable as a violation of the Zoning Code.

P – Permitted Use.

AR – Additional Regulations (permitted but subject to additional regulations in this Article)

*Permitted as an accessory use in association with a new car dealership.

P: Permitted Use

C: Conditional Use

AR: Additional Regulations (permitted but subject to additional regulations in this Article)

* Additional Permitted and Conditional Uses as per Article 2-404 North Ponce Neighborhood District Overlay (NPCO)

° Use is permitted only as a conditional use if abutting SFR or MF1 Districts

The uses in SFR, MF1, and MF2 remain unchanged from uses permitted in these districts prior to the adoption of Ordinance No. 2021-07