(a)

This chapter shall be administered and enforced by the building official of the city or his designee.

(b)

Except as provided for cash bonds, all fees and monies collected for services, permits, applications for hearings and from other sources related to this chapter, shall be placed in the general fund of the city. Where amounts justify it or where additional sums are appropriated by the city commission, said sums may be used to employ technical or legal advisors when requested by the planning and zoning board, provided such expenditures are approved by the mayor before any obligation is made.

(c)

All applications for permits and a copy of all plans and drawings relating thereto shall be submitted to the building department. The city planner shall refer all applications for changes of zone and any other hearings and all tentative plats to the planning and zoning board.

(d)

The building official or his designee shall:

(1)

Keep a record of all inspections made so that it is readily accessible to members of the planning and zoning board and the city commission;

(2)

Attend all meetings of the planning and zoning board and the city commission;

(3)

Make reports as specified herein and when required by any of the two above-mentioned bodies; and

(4)

Make at least annual inspections of all nonresidential premises and uses requiring annual renewal of certificate of occupancy.

(e)

The city community development office shall:

(1)

Refer all appeals and applications to the planning and zoning board.

(2)

Give written notice to the city commission and to the zoning inspector within five days of all such appeals and applications referred.

(3)

Mail a post card notice to all owners within the distance specified by the board handling the application (but in no case less than 300 feet from any lot or area to be included in any advertised public hearings) to their last known address, at least 15 days before any such public hearing; also mail a post card notice to all such property owners before any meeting of the city commission where action might be taken on any zoning matter or any amendment made to this ordinance. Where deemed necessary or desirable by any member of the city commission or the mayor, due notice shall be given members of the planning and zoning board or other interested parties of any scheduled discussion of zoning matters.

(4)

Cause to be placed in a newspaper of general circulation in Florida City a notice of all meetings about which post card notices are mailed.

(5)

Maintain a file listing all persons notified of hearings and copies of all published notices.

(6)

Maintain a file of copies of all minutes of the planning and zoning board.

(f)

Owners of two or more adjoining properties may sign the same application for a public hearing for a similar appearance or change of zone which may be handled at the same hearing and pay only one fee.

(g)

The city commission may waive fees with applications for hearings from public and charitable organizations and other bodies when deemed in the public interest.

(Ord. No. 80-14, § 25, 11-25-80)

The fee for application for all public hearings relating to zoning shall be set by resolution of the city commission which is on file in the city clerk's office.

(Ord. No. 80-5, 8-12-80; Ord. No. 84-1, 4-10-84; Ord. No. 86-12, 12-9-86)

(a)

Purpose and intent. There is hereby imposed a cost recovery program for actual fees associated with the review of applications, permits, requests or submissions concerning development, utilization or improvement of real property in the city under the city's zoning and land use regulations, which require review by city staff; except as otherwise specified in other City Code provisions. It is the express intent of the city in enacting this cost recovery program that the city's costs of administrative and outside fee consultant review and processing of requests, as required or necessitated now or in the future by the city's ordinances, resolutions, policies, or procedures, shall be borne by the applicant.

(b)

Cost for services. Cost for services includes services required by city staff, city contractors, city attorney, city engineer agents or consultants. Costs shall be charged to the applicant in an amount equal to the actual costs charged to the city in drafting development agreements, reviewing or drafting deed restrictions, or drafting or reviewing any special documents, including agreements, deeds, conveyances, or other documentation necessary for the granting of a development permit or documentation regarding the facilitation of development, utilization or improvement of real property in the city.

(c)

Cost recovery account. Whenever the city determines that services are needed pursuant to this section, the city shall notify the developer, owner or other interested party, ("applicant"), seeking review, development permits, applications, submissions or requests concerning the development, utilization or improvement of real property in the city. The applicant shall be provided a written notice that a "cost recovery account" with an estimate of the amount to be deposited in the account. This shall be an estimate only and may be exceeded if necessary. No review, action or the issuance of a permit will be issued if the applicant is not in full compliance with this section.

(d)

Exception. Fees charged to process building permits on behalf of the city shall not be affected by this section.

(Ord. No. 17-02, § 2, 3-14-17)

(a)

Initial deposit. The applicant shall, at the time a submittal is made, provide an initial deposit, which shall be credited toward the fee charged for application review and processing, and shall pay additional deposits as may be required from time to time. The amount of the initial deposit for the different types of review requests shall be established by the city.

When the applicant pays the initial deposit, that deposit shall reflect the estimated expenses of review, a cost recovery account for the applicant's review request will be opened and maintained throughout the entire review process until all certificates of occupancy have been issued, or the city determines that no further city action is necessary for the review and processing of the request; at either of which time, the account will be closed, and any remaining funds therein will be refunded to the applicant.

(b)

Additional deposits. The cost recovery account will be monitored monthly. Whenever the account falls below 25 percent of the initial amount deposited, the applicant shall be required to submit an additional amount to the cost recovery fund equal to 25 percent of the original amount deposited before any further review or processing continues. The applicant making the initial deposit will be notified when a supplemental deposit will be required. Several supplemental deposits may be necessary depending on the complexity of the review request.

(c)

Withdrawal of application and refund. An application for developmental review may be withdrawn at any time. For applications filed in accordance with this section and subsequently withdrawn, the applicant may receive a refund, at the city's discretion. The amount of the refund shall be the funds remaining in the project account after all charges have been paid.

(d)

Failing to make deposits. Should any applicant fail to make the deposits provided for herein, the city shall cease processing all applicant's applications for the subject site (including, but not limited to, applications for certificate of occupancy) until the proper deposits are made.

(Ord. No. 17-02, § 2, 3-14-17)

(a)

Records of work performed. City staff, including any outside consultant involved in the review and processing of the application and related documents shall maintain records of the time expended and tasks conducted regarding each such request. A debit based upon the time expended and the applicable hourly rate shall be charged against the project account. The applicable hourly rate for review and processing by the city's outside fee consultants shall equal their actual hourly charge for such review and processing. A debit against the project account shall also be made which shall reflect the costs of administering this program, which charge shall be based upon the actual effort involved for such administration.

(b)

Records available upon request. The city shall make available all records and invoices upon which cost recovery charges are made to applicants upon request

(Ord. No. 17-02, § 2, 3-14-17)

Any applicant who contends that the funds being charged pursuant to this cost recovery program are excessive, may appeal the decision of the city manager or any funds being charged, to the city commission who will hear said appeal within 45 days of said appeal. The decision of the city commission on said appeal shall be final. During the time of said appeal no development permit shall be issued except in such cases where the applicant pays to the city the funds required in the cost recovery program noting on said payment that they are paid under protest subject to the appeal being undertaken by the applicant.

(Ord. No. 17-02, § 2, 3-14-17)

(a)

The city commission shall appoint a municipal planning and zoning board and the board shall be charged with the responsibility for hearing applications for zoning, variances and special use permits.

(b)

The planning and zoning board shall make its recommendations to the city commission. The recommendations shall not be binding upon the city commission.

(c)

The planning and zoning board shall consist of five members, all of whom shall be qualified voters of the city. The mayor and each of the city commissioners shall each appoint one member to the board, and the five individuals selected shall choose a chairman of the board. The terms of office of the member appointed shall expire upon the election of a new mayor and city commissioner.

(d)

Meetings of the board shall be open to the public at all times.

(e)

The planning and zoning board shall be designated as the local planning agency as described and required in F.S. ch. 163. Under this designation the board shall comply with the duties and responsibilities of F.S. ch. 163, as it pertains to the Florida City Comprehensive Plan.

(Ord. No. 80-14, § 25, 11-25-80)

A quorum shall consist of three members and a three-fifths vote of the entire body shall decide all questions, matters and motions coming before the planning and zoning board. The chairman of the board shall vote on all issues. In the case of absence of the chairman, the members present may select a temporary chairman. Each member of the board is required to attend not less than two of every three board meetings unless notification is given to the secretary of the planning and zoning board or the city clerk at least 24 hours prior to the meeting. Failure to attend without proper notice shall cause that board member to be automatically dismissed, and a new appointment to the board must be made by the city commission at its next meeting. The new member of the board shall be appointed by the mayor or the city commission whose appointee has been removed.

(Ord. No. 94-08, § 26, 9-27-94)

The compensation of each member of the planning and zoning board shall be established by resolution of the city commission for attendance by such member at meetings of the planning and zoning board.

(Ord. No. 68-14, §§ 1—5, 10-22-68; Ord. No. 74-9, §§ 1, 2, 9-10-74; Ord. No. 94-08, § 26, 9-27-94)

(a)

Purpose and intent. The purpose and intent of this section is to provide for and regulate existing uses of real and personal property within the city.

(b)

Definition. As used in this section, unless the context otherwise indicates, structure or building shall include but not be limited to mobile homes, trailers, recreational vehicles and manufactured housing.

(c)

Continuation of lawful use. Nothing contained in this chapter shall be deemed or construed to prohibit a continuation of the particular lawful use or uses of any land, building, structure, improvement or premises legally existing in the respective districts at the time the ordinance from which this section was derived becomes effective; provided however, that if any such existing lawful use is changed to a different use after the date of the adoption of this chapter such different use shall conform to the requirements of all governmental authorities including but not limited to Florida City, Metropolitan Dade County, the State of Florida, and the United States of America.

(d)

Conflicts. If any legally existing use or occupancy of a building or premises conflicts with any requirement of this chapter or any of its amendments, such building shall not be moved, structurally altered or added to, except after approval before the planning and zoning board and city commission after public hearing.

(e)

Future buildings and structures. All future buildings, structures, repairs, alterations or other improvements shall comply with all district requirements contained herein and contained in this chapter and such structural provisions of the building code and other regulations as have been incorporated herein and made a part hereof, including any building on which construction was suspended at the time the ordinance from which this section was derived was adopted and any building for which foundations were not completed at such time.

(Ord. No. 94-05, 7-26-94)

(a)

Purpose and intent. The purpose and intent of this section is to provide for and regulate nonconforming uses of real and personal property within the city.

(b)

Definition. As used in this section, unless the context otherwise indicates, structure or building shall include but not be limited to mobile homes, trailers, recreational vehicles and manufactured housing.

(c)

Restrictions. A nonconforming use shall not be extended in any direction nor shall such use be replaced by another use not specifically permitted in the district concerned.

(d)

Discontinuation. No building or premises wherein or whereon a nonconforming use is discontinued for a period of at least six months, or superseded by a use permitted under the provisions of this chapter in the district in which such building or premises are situated, shall again be devoted to any use prohibited by this chapter in the district.

(e)

Damage. Any building which does not conform in use, occupancy or construction, or in some other way, with the provisions of this chapter (such structure, use or occupancy, having existed prior to the adoption of these regulations) which becomes damaged as to roof and/or structure to an extent of 50 percent or more of its reasonable market value at the time of the damage, by fire, flood, explosion, wind, war, riot or any other act of God or man, shall not be reconstructed or used or occupied as before such damage, but, if damaged to an extent of less than 50 percent of the reasonable market value at the time of the damage, the building may be reconstructed or used as before, provided such reconstruction is completed or such use is started within six months of the date of such damage. It is specifically provided that mobile home parks in which more than one-half of the actual structure, i.e., mobile home, are destroyed as to roof and/or structure to an extent of 50 percent or more of the reasonable value of the structures at the time of the damage, shall not be reconstructed or used or occupied as before such damage.

(f)

Departure. When a nonconforming building is vacated, the director of building and zoning may attach, or have attached, a notice to the effect that new occupancy shall require conformance to this chapter, but the absence of such notice shall not relieve the owner of full compliance with this chapter.

(Ord. No. 80-14, § 15, 11-25-80; Ord. No. 94-05, 7-26-94)

(a)

Any use not specifically permitted under a zone classification in this chapter is prohibited, but application may be made for any use to the planning and zoning board for study and recommendation to the city commission. All applications shall be handled in accordance with section 62-26 and this chapter, as amended, to permit uses not regulated herein before any such use may be made.

(b)

Special uses include outdoor theaters, drive-in theaters, cemeteries, rock pits, excavations other than for structural foundation, docks, piers, retaining walls, bulkheads, boathouses, marine ways, nightclubs, junkyards, uses emitting excessive or offensive odors, smoke, noise, vibration, airplane landing fields or any use not specifically permitted by this chapter.

(c)

In no case shall fences be constructed of wood or corrugated metal but shall be of masonry (reinforced and with spread footings of more than three feet high), meeting all setback requirements of other structures, except as specified elsewhere by this chapter (see section 62-251(2)).

(d)

Beer and wine may be served incidental to meals in restaurants licensed by the state, provided no signs or other indications of such service are displayed outside the building or to the outside view. Bars serving intoxicating liquors in accordance with F.S. ch. 561, or any place serving chilled beer or wine or allowing beer or wine to be consumed on the premises shall be limited to zones C-2, general commercial or I, light industrial, except as otherwise specified herein.

(e)

Automobile service stations shall not be closer than 300 feet to another such station nor closer than 100 feet to an R, residential zone. Gasoline pumps shall not be closer than 15 feet, to the official right-of-way listed in section 17, nor closer than 15 feet to a lot line.

(f)

Permits may be issued by the city for the construction and operation of a midget automobile racetrack or similar use, provided that such special use shall be subject to the following conditions:

(1)

That a plot use plan be submitted to and meet with the approval of the city commission of the city. Such plan shall include among other things, but not be limited to, location of building or buildings, type and location of signs, light standards, parking areas, exists and entrances, drainage, walls, fences, landscaping, layout of track, etc.

(2)

That the use be established and maintained in accordance with the approval plan.

(3)

That the use of the track shall be limited to "midget" type cars, "mini-stock" cars and "go-carts" if they have mufflers approved by the city. No motorcycles or motorbikes shall be allowed.

(4)

That the spectator area be so constructed and located as to protect the spectators from any possible injury due to accidents on the racetrack.

(5)

Loudspeakers shall be so arranged and the volume shall be so controlled that the same will not be objectionable to the adjacent neighborhood.

(6)

That the lights shall be of such a type and so arranged that the same will not be objectionable to the surrounding neighborhood or traffic on adjacent roads.

(7)

That the track shall be operated only between the hours of 1:00 p.m. and 10:30 p.m. on Fridays.

(8)

That a sponsoring organization shall be under the sanctioning of the South Florida Racing Association, or some other national sanctioning organization meeting with the approval of the director of the building and zoning department.

(9)

That the use shall be made to conform with the requirements and/or recommendations of the county department of public health, public safety department and public works department and like departments of the city.

(10)

That the permit authorized above be automatically renewable annually by the city commission of the city upon compliance with all terms and conditions, and be subject to immediate cancellation upon violation of any of the conditions herein or when, in the opinion of the city commission of the city, after public hearing, it is determined by the city commission in its discretion that the use is detrimental to and/or incompatible with the surrounding neighborhood.

(11)

That such use shall be permitted only within areas zoned I, light industrial.

(12)

That the racetrack shall be surrounded by a wall not less than six feet of masonry construction.

(13)

That adequate parking facilities be provided for the parking of spectators' automobiles in a lawful and orderly manner.

(14)

That adequate provision be made by permittee for directing and controlling said traffic.

(15)

That adequate sanitary facilities be provided for the use of spectators.

(g)

No commercial farming operations shall be had upon any zoning districts within the city limits of the city, except upon special permit issued by the planning and zoning board of said city. No such permits shall be granted unless and until said planning and zoning board shall specifically determine as follows:

(1)

That such commercial farming operation shall not constitute a nuisance, or disturb, affect or be detrimental to the public health, comfort, convenience, safety, welfare and propriety of the citizens of the city.

(h)

The planning and zoning board, in granting the request pursuant to subsection (g) of this section, may consider the following factors:

(1)

The likelihood of loud exhaust noises caused by the discharge in the open air of any stream, internal combustion or motor vehicle, so as to be loud enough to disturb neighboring residences.

(2)

The operation of blowers.

(3)

The operation of trucks, tractors, cultivators or other farm equipment, the noise of which is offensive to surrounding residential areas.

(4)

The operation of irrigation devices and/or trucks which are loud and unnecessarily noisy.

(5)

Spray or fertilizing operations which produce noise, inconvenience, discomfort, fumes or odors, either by means of the substance applied or by the means of the method thereby applied.

(i)

An appeal may be taken from the action of the planning and zoning board to the city commission, within 30 days from the rejection of any such permit.

(Ord. No. 62-3, §§ 1—4, 9-11-62; Ord. No. 63-7, § 1, 12-30-63; Ord. No. 69-3, § 2, 4-8-69; Ord. No. 73-4, § 2, 9-25-73)

Cross reference— Special use permit required for flea markets, § 18-54; special use permit for flea markets not permitted in residential areas, § 18-56.

(a)

A use variance is a variance which permits a use of land other than that which is prescribed by the zoning regulations.

(b)

Except as otherwise provided in this chapter, the city commission shall have the authority and duty to hear and grant applications for use variances which will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the zoning regulations would result in unnecessary hardship. The city commission shall have the right to condition the approval on the following:

(1)

The use variance shall be the minimum use variance that will permit the reasonable use of the premises.

(2)

If a use variance is approved it cannot be changed to any other use which is not specifically permitted within that zoning district.

(3)

If the permitted use under the use variance is abandoned or discontinued for ten consecutive months, it cannot be reestablished.

(4)

Use variances cannot be extended or enlarged except in conformity with this chapter.

(5)

The applicant must submit a site plan to the city commission for approval, and the use of the property must conform with the site plan.

(c)

The enumeration of conditions set forth in this section shall not be construed or interpreted to limit the city commission's right to require additional conditions.

(Ord. No. 87-9, 7-14-87)

(a)

A special exception is an exception to the regulations which can only be permitted upon approval after public hearing. Uses permitted conditionally are uses which can only be permitted as indicated in each zoning district, upon approval after public hearing.

(b)

Special exceptions and conditionally permitted uses may be permitted by the city commission after a public hearing and recommendation of the planning and zoning board, subject to specified conditions, which may be determined appropriate and equitable by the city commission.

(c)

The following conditions are established for uses permitted conditionally.

(1)

Churches, synagogues and other similar houses of worship:

a.

No structure shall be located less than 50 feet from any adjacent residential property; and

b.

All such uses shall be located on and oriented toward an arterial roadway.

(2)

Public and private schools:

a.

No structure or play equipment shall be located less than 75 feet from any adjacent residential property; and

b.

Educational activities are of a secondary level or below with a curriculum substantially similar to that of a general public school curriculum.

(3)

Public facilities and utilities:

a.

No structure shall be located less than 50 feet from any adjacent residential property; and

b.

All such uses shall be directly related to and supportive of surrounding residential neighborhoods.

(4)

Day care centers and nurseries:

a.

All outdoor activity areas shall be effectively screened from adjacent residential properties.

(5)

Service clubs, lodges, and other similar social or fraternal organizations:

a.

Any such use shall be of a nonprofit, noncommercial nature.

(Ord. No. 90-09, art. VII, § 22.2, 11-27-90)

(a)

Legislative intent. This section is intended to provide for the proper location of adult entertainment establishments in the Light Industrial I Zoning district of the city to protect the integrity of adjacent neighborhoods, educational institutions, religious institutions, parks and other commercial enterprises. Proper separation of adult entertainment establishments prevents the creation of "skid-row" areas in the city which results from the concentration of these establishments and their patrons. It is the intent to limit the secondary effects of adult entertainment establishments as set out in the findings of fact.

The locational restrictions contained in this section should not be construed so as to apply only to those residential zoning districts, religious institutions, educational institutions, parks and other commercial enterprises which cater to or are attended by persons under 18 years of age. The restrictions within this section are intended to ensure that residential zoning districts, educational institutions, religious institutions, parks and other commercial enterprises are located in areas free from the secondary effects of adult entertainment establishments.

The location of residential zones, educational institutions, religious institutions, parks and other commercial enterprises within viable, unblighted and desirable areas supports the preservation of property values and promotes the health, safety and welfare of the public at large.

(b)

Findings of fact. Based upon the evidence, testimony and studies regarding the secondary effect of adult entertainment establishments as set forth in the adult entertainment regulation ordinances of the Cities of Tampa, North Miami, and Jacksonville, Florida, and the Counties of Pinellas, Broward, and Palm Beach, Florida, the City Commission of Florida City hereby finds that:

(1)

Commercial establishments exist or may exist within Miami-Dade County (wherein the City of Florida City is located) where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and/or devices which depict, illustrate, describe or relate to specified sexual activities are possessed, displayed, exhibited, distributed and/or sold; and

(2)

Commercial establishments exist or may exist within Miami-Dade County

a.

Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

b.

Where dancers, entertainers, performers, or other individuals, who, for any form of commercial gain, perform or are presented while displaying or exposing any specified anatomical area; or

c.

Where lap dancing occurs; and

(3)

The activities described in subsections (1) and (2) occur at commercial establishments for the purpose of making a profit, and, as such are subject to regulation by the City of Florida City in the interest of the health, safety, morals and general welfare of the People of Florida City, and

(4)

When the activities described in subsections (1) and (2) are presented in commercial establishments within Miami-Dade County, Florida, other activities which are illegal, immoral, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them; such other activities include, but are not limited to, prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution and transportation of obscene material, sale or possession of controlled substances, and violent crimes against persons and property; and

(5)

When the activities described in subsections (1) and (2) are present in commercial establishments within Florida City, they tend to blight neighborhoods, adversely affect neighborhood values, promote crime, particularly the kinds detailed in subsection (4) and ultimately lead residents and business to move to other locations; and

(6)

There is a direct relationship between the display or depiction of specified anatomical areas in commercial establishments as described in subsection (2) and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community, and the concurrency of these activities is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public's interest and quality of life, tone of commerce and total community environment in the City of Florida City.

(c)

Definitions. The following definitions shall apply to interpretation of this section:

Adult arcade: Any place or establishment operated for commercial gain which invites or permits the public to view adult material. For purposes of this Code, "adult arcade" is included within the definition of "adult theater."

Adult bookstore/adult video store: An establishment which sells, offers for sale or rents adult material for commercial gain; unless the establishment demonstrates either (1) the adult material is accessible only by employees and the gross income from the sale or rental of adult material comprises less than 40 percent of the gross income from the sale or rental of goods or services at the establishment, or (2) the individual items of adult material offered for sale or rental comprise less than ten percent of the individual items, as stock in trade, publicly displayed in the establishment and which is not accessible to minors at the establishment.

Adult booth: A small enclosed or partitioned area inside an adult entertainment establishment which is (1) designed or used for the viewing of adult material by one or more persons and (2) is accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view adult material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult dancing establishment: An establishment where employees display or expose specified anatomical areas to others regardless of whether the employees actually engage in dancing.

Adult entertainment establishment:

(1)

Any adult arcade, adult theater, adult bookstore/adult video store, adult motel, or adult dancing establishment; or any establishment or business operated for commercial gain where any employee, operator or owner exposes his/her specified anatomical area for viewing by patrons, including but not limited to: massage establishments whether or not licensed pursuant to chapter 480, Florida Statutes, tanning salon, modeling studio, or lingerie studio.

(2)

Excluded from this definition are any educational institutions where the exposure of the specified anatomical areas is associated with a curriculum or program.

(3)

An establishment that possesses an adult entertainment license is presumed to be an adult entertainment establishment.

Adult material: Any one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter; photographs, films, motion pictures, video cassettes, slides, or other visual representations, recordings, other audio matter; and novelties or devices; which have as their primary or dominant theme subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or:

(2)

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult motel: Any hotel, motel, boardinghouse, rooming house or other place of temporary lodging which includes the word "adult" in any name it uses or which otherwise advertises the presentation of adult material. The term "adult motel" is included within the definition of "adult theater."

Adult theater: An establishment operated for commercial gain which consists of an enclosed building, or a portion or part thereof or an open-air area used for viewing of adult material. "Adult Motels," "adult arcade," "adult booth" and "adult motion picture theater" are included within the definition of "adult theater." An establishment which has "adult booths" is considered to be an "adult theater."

Adult video store: See "Adult bookstore."

City commission: The City Commission of the City of Florida City, Florida.

Commercial gain: Operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For the purpose of this Code, commercial or pecuniary gain shall not depend on actual profit or loss.

Commercial establishment: Any business, location, or place which conducts or allows to be conducted on its premises any activity for commercial gain.

Educational institution: A premises or site within Florida City upon which there is an institution of learning, whether public or private, which conducts regular classes and/or courses of study required for accreditation by or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term "educational institution" includes a premises or site upon which there is a day care center, nursery school, senior high school; professional institution of high education, including a community college, junior college, four-year college or university; libraries, art galleries and museums open to the public; or any special institution of learning. The term "educational institution," however, does not included a premises or site upon which there is a vocation institution operated for commercial gain.

Employee: Any person who works, performs or exposes his/her specified anatomical areas in an establishment, irrespective of whether said person is paid a salary or wages by the owner or manager of the business, establishment, or premises. "Employee" shall include any person who pays any form of consideration to an owner or manager of an establishment, for the privilege to work, perform or expose his/her specified anatomical areas within the establishment.

Establishment: The site or premises [on] which the adult entertainment establishment is located, including the interior of the establishment, or portion thereof, upon which certain activities or operations are being conducted for commercial gain.

Park: A tract of land within the City of Florida City which is (1) kept for ornament and/or recreation, and which is open to the public, whether or not the land is publicly owned, or (2) land privately owned which is kept for ornament and/or recreation purposes and which is limited to surrounding landowners. A playground shall be considered a park.

Person: Includes an individual(s), firm(s), associations(s), joint venture(s), partnership(s), estate(s), trust(s), business trust(s), syndicate(s), fiduciary(ies), corporation(s), and all other similar entity.

Religious activities: Means any daily, weekly, or periodic activity associated with or that occurs at a religious institution.

Religious institution: A premises or site which is used primarily or exclusively for religious worship and related religious ecclesiastical or denominational organization or established place of worship, retreat site, camp or similar facilities owned or operated by a bona fide religious group for religious activities shall be considered a religious institution.

Residential zoning district: For the purposes of this section only, "residential zoning district" includes the following zoning districts which have not been designated as commercial or industrial potential.

(1)

RS-1 Residential estate district.

(2)

RS-2 Residential semi-estate district.

(3)

RS-3 Residential single-family district.

(4)

RS-4 Residential single-family district.

(5)

RS-5 Residential zero lot line and cluster housing district.

(6)

RD-1 Residential duplex district.

(7)

RD-2 Residential duplex district.

(8)

RM-15 Residential multifamily district.

(9)

RT Residential mobile home/recreation vehicle district.

Specified anatomical areas:

(1)

Less than completely and opaquely covered:

a.

Human genitals and pubic region, or

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple); this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or

(2)

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

Specified sexual activities:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy; or

(3)

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

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (b)(1) through (b)(2).

(d)

Regulations.

(1)

Location. Adult entertainment establishments as defined herein are designated as "special uses" under this section of the Florida City Code of Ordinances.

a.

In addition to the other special use criteria and procedures of this section, adult entertainment establishments are also subject to the following locational and site development restrictions and requirements:

1.

Existing or proposed adult entertainment establishments are permitted to operate only in a Light Industrial (I) District, as specified in section 62-191 of this Code and on the Florida City Zoning Map.

2.

No person shall cause or permit the operation of any proposed or existing adult entertainment establishment within 500 feet of an existing residential zoning district, religious institution, education institution, park or another adult entertainment establishment.

3.

No person shall cause or permit the operation of any proposed or existing adult entertainment establishment on industrial zoned parcels with frontage on U.S. Highway I, Krome Avenue, or Palm Drive.

b.

The subsequent approval of a religious institution, education institution, park or residentially zoned land within these distances shall not change the status of the adult entertainment establishment to that of a nonconforming use.

(2)

Method of measurement. The location distances set forth shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment to the nearest point on the property line of such religious institution, educational institutional, park, residential zoning district or another adult entertainment establishment. Measurement shall be made in a straight line, without regard to intervening structures or objects.

(Ord. No. 99-06, 1-11-00)

The following provisions shall apply to outdoor temporary uses whose principal applications are for automobile related sales, political rallies, religious services and other temporary uses.

(1)

Outdoor temporary use general provisions. The term "outdoor" as used in this section pertains to activities, events or sales which are held outside of an approved principal structure.

a.

Hours of operation for all such sales/events shall be limited to 8:00 a.m. to 10:00 p.m.

b.

Display, sales and merchandise areas and temporary structures associated with an outdoor temporary use event shall be confined to areas no closer than ten feet to front and rear property lines and any side property lines abutting a street, five feet to other side of property lines, and ten feet to any driveway.

c.

The written consent of the owner(s) of the lot or parcel on which a sale or event is conducted shall be required.

(2)

Temporary structures.

a.

Tents/canopies. Tents and canopies are allowed as long as they are constructed of durable material and tied down in a secure fashion. Tents shall be made of flame-retardant material and shall be completely located within the area to which the sale or display of merchandise or the conduct of individual outdoor political candidate rallies and religious services are restricted. Tents must be inspected and approved by the Miami-Dade County Fire Department before the permitted outdoor temporary use is begun. Tents or canopies must be promptly removed within one day of the conclusion of the sale or event.

b.

Temporary signs. Temporary signs shall only be permitted for the same duration of time and at the same location as have been approved for the associated outdoor temporary use and/or structure. Any temporary sign in conjunction with an outdoor temporary use or structure shall be limited to banners or affixed signs provided the total area of signage does not exceed 32 square feet, or one freestanding two-sided sign not to exceed 24 square feet on each side and not to exceed six feet in height. The signage must be securely and safely affixed or installed.

(3)

Specific temporary uses.

a.

With specific reference to temporary auto sales, the lot or parcel to be utilized must meet the zoning requirements C-1, C-2, and C-3 of the City of Florida City and meet the other following criteria.

1.

Land parcel must be paved, in accordance with DERM regulations, where any and all vehicles will be staged for display and sale.

2.

A parking plan must be submitted to the community development department illustrating adequate parking for customers arriving at the site.

3.

Other temporary uses such as carnivals, Christmas tree sales, fireworks sales, and other related sales must meet all the provisions of this section.

(4)

Permitting/approval. Once the applicant has met the criteria as spelled out in this section, a temporary occupational license and special event permit shall be issued through the building department's occupational license division.

(5)

Enforcement. It shall be a violation of this Code to operate or conduct any outdoor temporary use or erect any temporary structure within the city without a permit therefor as required herein.

(6)

Revocation of permit. Upon reasonable notice to the permit holder and opportunity for a hearing, the mayor may revoke any outdoor temporary use permit issued hereunder for failure to comply with this section.

(Ord. No. 06-01, 3-28-06)

(a)

Legislative intent. This section is intended to regulate the location and site development features of towers and antennas in the city in order to minimize the negative visual effects of communication towers and antennas on the neighborhoods and commercial areas of Florida City. The city also wants to encourage collocation or shared use of communication towers in order to reduce the number within municipal limits. This section is also intended to be in compliance with F.S. § 365.172, as amended.

(b)

Definitions. The following definitions shall apply to the interpretation of this section:

(1)

Antenna means a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communication signals. Radar antennas are excluded from this definition.

(2)

Communication tower or tower means a monopole, self-supporting lattice tower or guyed tower, constructed as a free-standing structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers.

(3)

Personal wireless service facility or facility means a facility for the provision of personal wireless services including cables, wires, lines, wave guilds, antennas, towers, other supporting structures, associated structures and any other equipment that is used or associated with the provision of personal wireless services.

(4)

Collocation means the placement of a new personal wireless service facility on an existing tower or building.

(c)

Applicability. The regulations herein shall apply to new personal wireless service facilities, antennas and communication tower uses within the City of Florida City limits.

(d)

Where permitted.

(1)

Antennas. Rooftop or building-mounted antennas may be permitted in all land use designations and zoning classifications.

(2)

Communication towers. Communication towers may be permitted only on parcels with the industrial land use designation and light industrial (I) zoning classification. However, if the property is owned by Florida City, the city may authorize its use and development for a communication tower, regardless of the land use designation or zoning classification, provided the applicant executes a lease agreement acceptable to the city.

(e)

Minimum standards for antennas. All building-mounted or rooftop antennas shall be subject to the following minimum standards:

(1)

Height shall not exceed 15 feet above the highest point of the roof.

(2)

No commercial advertising or logo is allowed.

(3)

No signals, lights or illumination shall be permitted unless required by the Federal Communications Commission or the Federal Aviation Administration.

(4)

Antenna and related equipment shall be located and screened to minimize the visual impact upon adjacent properties. Landscape buffering must be provided consistent with the city and Miami-Dade County landscape codes. Applicable zoning setback standards must be adhered to.

(5)

Whip antennas and their supports cannot exceed 15 feet in height and three inches in diameter and must blend in with exterior color of the building.

(6)

Microwave dish antennas located 65 feet or below may not exceed six feet in diameter. Above 65 feet, they cannot exceed eight feet in diameter. Ground-mounted dish antennas must be located and screened so as not to be visible from any public streets.

(7)

No more than four dish antennas may be installed on a monopole tower.

(8)

Every effort must be made by the applicant to utilize stealth or camouflage techniques in designing a proposed antenna.

(f)

Minimum standards for new communication towers. All new communication towers shall be subject to special use approval and site plan review for conformance with the following minimum standards:

(1)

No more than one tower is permitted per parcel.

(2)

Compliance with site development standards 1, 2, 5 and 6 in the light industrial zoning classification. Standards 3 and 4 do not apply.

(3)

Tower height cannot exceed 150 feet.

(4)

Towers and supporting buildings and equipment must be setback a minimum of 50 feet from any property line.

(5)

All communication towers shall be designed and constructed with the capability of supporting a minimum of four collocation connections.

(6)

Tower cannot be located closer than 100 percent of the tower height to residentially-zoned parcels.

(7)

No commercial advertising or logo.

(8)

No signals, lights or illumination are permitted unless required by the Federal Communications Commission or the Federal Aviation Administration.

(9)

Towers and supporting buildings and equipment shall be located and screened to minimize the visual impact upon adjacent properties. Landscape buffering must be provided consistent with the city and Miami-Dade County landscape codes.

(10)

Proposed tower must be situated a minimum of 1,500 feet from any existing tower.

(11)

Communication towers shall be approved by the Federal Aviation Administration, Miami-Dade County Aviation Authority or other appropriate agency prior to issuance of a building permit.

(11)

Every effort must be made by the applicant to utilize stealth or camouflage techniques in designing a proposed tower.

(g)

Siting alternatives hierarchy. Siting of a tower and/or personal wireless service facility shall be in accordance with the following hierarchy.

(1)

First priority is given to collocation on an existing communication tower.

(2)

Second priority is given to collocation on an existing building.

(3)

Third priority is development of a new communication tower.

(4)

Within each of the priority categories above, the highest ranking is given to siting on a city-owned site.

(5)

Where an alternative below the first priority on city-owned property in (g)(1) above is proposed, the applicant must submit an affidavit from a qualified communications engineer documenting that higher priority options are not available or feasible.

(h)

Shared use of communication towers. The city may deny an application for a new single use tower if an available collocation site is feasible. Collocation is permitted on existing towers in any zoning district or land use designation provided it does not increase the tower height or the ground space area previously-approved for supporting buildings and facilities on the subject site.

(i)

Application and approval process.

(1)

Applications for collocation on existing towers will be subject to building permit review which includes compliance with applicable portions of this section. The building permit application may be filed with the city's community development department. Collocation on an existing building will require site plan approval pursuant to subsection (i)(4) below.

(2)

Applications for new towers and antennas may be approved as a special use by the city commission at an advertised public hearing following staff review and receipt of the recommendation of the planning and zoning board. The special use application can be filed with the city's community development department. The application fee is $3,850.00.

(3)

Any application for collocation which does not meet the criteria in subsection (h) herein, must file for, and receive, special use and site plan approval.

(4)

All proposed towers and antennas approved as a special use must also receive administrative site plan approval from the city prior to filing for a building permit. The site plan application may be filed with the city's community development department. The application fee is $1,850.00 plus $.30/square foot of the tower site, inclusive of all supporting buildings, facilities, equipment, pervious open space, access roads and parking. If collocation on existing building is involved, then an additional fee of $.30/square foot of interior floor area is required.

(j)

Inspection. The building official may require periodic inspections of communication towers and wireless service facilities to ensure structural and electrical integrity, and compliance with the South Florida Building Code, as amended. Communication towers and antennas shall be inspected once every five years by a licensed Florida engineer and the report submitted to the building official. Personal wireless facility owners shall submit a report certifying structural and electrical integrity every two years. The reports shall be accompanied by a non-refundable fee of $750.00 for the review cost. Based upon the results of the inspection, the building official may require repair or removal of a personal wireless service facility, antenna or communication tower.

(Ord. No. 13-02, § 2, 2-26-13)

Editor's note— Ord. No. 13-02, § 2, adopted Feb. 26, 2013, repealed the former § 62-72 and enacted a new § 62-72 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 12-07, § 2, 12-27-12. Ord. No. 13-02, § 2, adopted Feb. 26, 2013, set out provisions intended for use as § 62-71. To avoid duplication of section numbers, and at the editor's discretion, these provisions have been included as § 62-72.

(a)

Legislative intent. It is the intent to regulate the impacts and location of "unusual uses" as specified herein, generally consistent with chapter 33-13 of the Miami-Dade County Code of Ordinances.

(b)

Applicability. The regulations herein shall apply to all proposed and existing unusual uses within the City of Florida City limits.

(c)

Where permitted. Unusual uses may be permitted only on properties within either the "agriculture," "open land" or "institutional" land use categories as depicted on the city's adopted future land use map provided however that rockmining, lake excavation, asphalt plant, concrete batching plant, concrete block plant, pre-stressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection with lake excavations shall not be permitted in the "agriculture" land use category. Lands designated as "institutional" must also be located outside of the county's urban development boundary in order to be considered for an unusual use.

(d)

Unusual uses. The following unusual uses may be permitted subject to city commission approval: All zoning applications by state and municipal entities and agencies; amusement rides and enterprises; amusement center archery ranges; auction sales; carnivals and circuses; convalescent homes; day camp; dog training track; electric substation; electric power plant; garbage and waste dumps; gas distribution system and plant; golf courses, golf course clubhouse, driving range and other incidental uses; heliports; homes of the elderly; hospitals; institutions for handicapped persons; rockmining, lake excavation; asphalt plant, concrete batching plant, concrete block plant, pre-stressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection with lake excavations; manufacture, assembly and testing of public and/or private transportation vehicles; detention and correctional facilities; landing field; movie (open air); nursing homes; oil and gas well drilling and essential, incidental uses thereto, such as minimum storage facilities; outdoor paint testing laboratory; rifle and pistol ranges; commercial recreation and tourist attractions; public and private utility facilities such as electricity, gas, water, telephone, telegraph, and cable TV; race tracks; retirement villages; rock pits (filling of); rock quarries; skeet/trap ranges; testing laboratory or plant; radio and TV transmitting stations; trailers as watchman's quarters; water tank and tower; water treatment plant; wireless service support facilities; and zoos. Rockmining, lake excavation; asphalt plant, concrete batching plant, concrete block plant, pre-stressed and precast concrete products plant rock crushing and screening plant ancillary thereto or in connection with lake excavations shall only be authorized upon a showing by the applicant that the reserve supply of material to be mined is less than 15 years supply as established using the criteria set forth in section 62-243.

(e)

No entitlement to unusual use. The listing of a use in subsection (d) of this section conveys no entitlement to the landowner to be permitted to have that use or for the city commission to approve it.

(f)

Water management and other environmental permits required. All unusual use applications must contain a complete list of any, and all, permits required from local, regional, state and federal agencies in order to legally-construct the requested use. All required water management and environmental permits must be submitted to the city prior to building permit issuance for any approved unusual use.

(g)

Development agreement requirement. All unusual uses applications must be accompanied by a proposed development agreement providing specific conditions of development and addressing other related issues. All proposed development agreements that concern rockmining or lake excavations must demonstrate consistency with section 62-241 et seq.

(h)

Approval criteria. In evaluating unusual use applications for approval, the city commission shall consider the impacts of the proposed use on the immediate area and the city as a whole, as well as, consistency with the adopted Florida City Comprehensive Development Master Plan.

(i)

Application and approval process.

(1)

Requests for unusual uses must be filed with the city's community development department as a zoning application.

(2)

All unusual use applications must be approved by the city commission at an advertised public hearing following staff review and receipt of the recommendation of the planning and zoning board.

(3)

Approved unusual use applications must receive administrative site plan approval prior to filing for a building permit. The site plan application may be filed with the city's community development department.

(Ord. No. 13-01, § 2, 2-26-13; Ord. No. 16-01, § 2, 2-9-16)

Editor's note— Ord. No. 13-01, § 2, adopted Feb. 26, 2013, set out provisions intended for use as § 62-72. To avoid duplication of section numbers, and at the editor's discretion, these provisions have been included as § 62-73.

The purpose and intent of the site plan review is to ensure that large scale proposed development complies with all applicable design regulations and required levels of service, to provide flexibility in design, and to provide a process to encourage timely review of development plans.

(Ord. No. 93-05, § 22.3(A), 8-23-93)

The application of the site plan review shall be as follows:

(1)

All nonresidential structures of 2,500 square feet or greater or a site area of one acre or greater.

(2)

All residential projects of ten or more units or a site area of one acre or greater.

(3)

No building permit shall be issued or any construction begun on a project requiring site plan approval until the site plan has been approved by the community development director.

(Ord. No. 93-05, § 22.3(B), 8-23-93)

The procedure for the site plan review shall be as follows:

(1)

A site plan and six copies shall be submitted to the director of building and zoning.

(2)

Site plan review shall be conducted by the community development director, director of building and zoning, and other appropriate staff and consultants assigned by the mayor.

(3)

A site plan review report with comments and required changes shall be prepared by the community development director and transmitted to the applicant within two weeks of receipt of a completed site plan review application.

(4)

Site plan review may authorize modification of the zoning ordinance regulations which will not be contrary to the public interest when a literal enforcement of the ordinance would result in unnecessary and undue hardship. Such modifications are authorized only for height, area, size of structure, size of yard, and size of open space. All modifications are subject to the written approval of the mayor.

(5)

When a revised site plan conforms to the site plan review report, the community development director shall approve the site plan.

(6)

A building permit must be approved by the community development director and the site plan must be obtained within 6 months, otherwise the site plan approval expires.

(7)

Nothing in this section shall preclude additional meetings among the applicant, city staff, and consultants before or after official submission of the site plan.

(Ord. No. 93-05, § 22.3(C), 8-23-93)

A site plan shall contain the following information and shall be submitted to the director of building and zoning. The community development director may waive any of the following if not required for the review:

(1)

Statement of ownership and control of the proposed development.

(2)

Statement describing in detail the character and intended use of the development.

(3)

A site plan based on an exact survey of the property drawn to scale of sufficient size to show:

a.

Exact location and dimensions of all buildings and structures to be erected and those presently existing.

b.

The total number of proposed dwelling units, if any.

c.

Site data computations, including site area, building coverage percentage, setbacks.

d.

Adjacent roadway widths (paved and right-of-way).

e.

Existing and proposed utility easements and fire hydrants.

f.

All means of ingress and egress.

g.

All screens and buffers.

h.

Off-street parking, circulation and loading areas.

i.

Refuse collection areas, including dumpsters and recycling containers.

j.

Landscaping.

k.

Environmental features.

l.

Ground and pole sign, location and size.

m.

Lighting plan for private internal streets and adjacent public rights-of-way providing sufficient illumination and coverage to protect the health and safety of residents in all parts of the project.

n.

Other elements as determined by the mayor.

(Ord. No. 93-05, § 22.3(D), 8-23-93; Ord. No. 08-12, § 1, 8-12-08)

Whenever this division requires a specific action of the community development director, all such actions will be subject to the approval of the mayor.

(Ord. No. 93-05, § 22.3(E), 8-23-93)

Fees for site plan review shall be set by resolution of the city commission and kept on file in the city clerk's office.

(Ord. No. 93-05, § 22.3(F), 8-23-93)

(a)

All applications for building permits must be consistent with the Florida City Code of Ordinances. No permit shall be issued until the proposed use has been approved by the city. Whenever a use proposed in an application for a building permit is inconsistent with the Florida City Code of Ordinances a concurrent application for the appropriate rezoning, special use permit, use variance or zoning variance must be submitted and approved prior to issuance of the building permit. Whenever it is proposed that a discontinued use be resumed, the owner must make application to the city and receive approval from the building official.

(b)

Two sets of drawings shall accompany all applications, showing the location of all structures within 50 feet of the proposed structure, the lot lines, official right-of-way lines, all proposed work and other information, as required by the building official.

(c)

A permit issued for plans or uses which do not conform to the Code of Ordinances or to state laws is not valid and does not permit construction or uses contrary to this Code.

(d)

The city shall not issue an occupational license to any person not holding a current certificate of occupancy. The state beverage license clerk shall be advised not to issue annual licenses for premises in the city unless the applicant exhibits a current certificate of occupancy.

(e)

In each zone each structure erected, altered or moved, each new use, each change of use and each use requiring a license from the city shall require a certificate of occupancy, as specified in this section. Uses existing at the time the ordinance from which this section was derived was enacted which require annual renewal of the certificate of occupancy, but which are nonconforming uses (see section 62-66), shall apply for and shall be issued a certificate of occupancy marked "nonconforming use." New owners are thereby put on notice of requirements of this chapter and the building official is required to review and check existing conditions.

(f)

Where a cash bond is required to guarantee performance, or any purpose called for by this chapter or the codes adopted herein, the finance director shall deposit it in a separate account known as "Cash Bond Accounts, City of Florida City." Refunds shall be made only by written certification by the building official and approval by the mayor.

(Ord. No. 80-14, § 24, 11-25-80)