The requirements or regulations in this division qualify or supplement, as the case may be, the district regulations or requirements appearing elsewhere in this chapter.

(Ord. No. 771, § 17, 1-26-1954; Ord. No. 788, § XXVI, 5-25-1954; Code 1960, § 32-24; Ord. No. 94-114, § 4, 12-13-1994)

The side yard requirements for dwellings shall be waived where dwellings are erected above stores or shops.

(Ord. No. 771, § 17, 1-26-1954; Ord. No. 788, § XXVI, 5-25-1954; Code 1960, § 32-24(a); Ord. No. 94-114, § 4, 12-13-1994)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of such projections shall project into a minimum court more than 24 inches or into a minimum side yard more than 24 inches.

(Ord. No. 771, § 17, 1-26-1954; Ord. No. 788, § XXVI, 5-25-1954; Code 1960, § 32-24(b); Ord. No. 94-114, § 4, 12-13-1994)

No part of any building, except cantilevers or permitted signs, shall project over any public sidewalk, street or other public way. No cantilever shall project more than four feet over any public sidewalk. No fin shall extend over any part of the sidewalk, unless the fin shall be at least ten feet above the sidewalk.

(Ord. No. 771, § 17, 1-26-1954; Ord. No. 788, § XXVI, 5-25-1954; Code 1960, § 32-24(c); Ord. No. 94-114, § 4, 12-13-1994)

In all zoning districts, no garage or tent shall be erected or used for living quarters concurrently with or prior to the construction of the main building. No accessory structure or building shall exceed 35 percent of the size of the main structure or building; provided, however, that in no event shall the accessory structure or building exceed 500 square feet in floor area.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(1); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Drive-in restaurants, drive-in barbecue stands, or like establishments shall provide an eight-inch curbing at least five feet from any and all sides of any building where it is possible for any vehicular traffic to park.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(8); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

All plans and specifications for apartment houses, hotels, motels and restaurants shall be submitted to the state hotel and restaurant division and approval obtained before being presented for a building permit and to the planning and development department for approval.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(2); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

(a)

A canvas-topped freestanding carport or an aluminum-topped carport attached to the residence for the purpose of sheltering an automobile shall be allowed to be constructed and used in connection with any single-family, two-family or townhouse structure. No such carport shall be greater than ten feet in height or less than 8½ feet in width or shall contain floor space greater than 400 square feet in area to be used only as shelter for one or two cars. Construction shall be in accordance with the requirements of the South Florida Building Code.

(b)

No part of any freestanding or attached carport shall be less than two feet from any side property line nor less than two feet from the front property line, except no front setback shall be required in front of townhouses for a canvas-topped freestanding carport.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(3); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

(a)

No packaged prefabricated building shall be erected in the city, except that prefabricated utility sheds shall be allowed on residential lots where residences are situated and except as otherwise provided herein. Such prefabricated utility sheds shall have an exterior constructed entirely of metal and/or fiberglass and shall be approved by and constructed in accordance with the requirements of the Miami-Dade County Products Control Division, if applicable, and the Florida Building Code or the South Florida Building Code, if adopted by the city. All utility sheds that are not prefabricated may be constructed with concrete block, stucco or other materials approved by and in accordance with the requirements of the Florida Building Code or the South Florida Building Code, if adopted by the city. All utility sheds shall be permitted only in rear yards subject to a three-foot perimeter setback, provided that no utility shed is located within an easement reserved for public utilities, drainage or wall maintenance. Utility storage sheds in R-Z zero lot line development districts shall comply with the setbacks of zero lot line development set forth in this chapter.

(b)

All utility sheds shall be a maximum of 100 square feet in floor area and eight feet high and erected on a concrete slab. All utility sheds shall be used only for storage purposes and shall not be used in any way as living quarters for animals or humans. The installation or operation of plumbing or any other utility, with the exception of electricity, shall not be permitted within the confines of a utility shed.

(c)

For the installation of utility sheds, it will be necessary to obtain a building permit from the building division.

(d)

Temporary use of a prefabricated, modular building used as a construction or business office or trailer shall be allowed in connection with new construction or major renovations that is actively ongoing for limited period of 180 days, with an option to extend the time period for additional 90-day increments, if needed, pursuant to a city permit. The permit requirements include payment of a $500.00 permit fee for the initial 180 days or any portion thereof and $250.00 for each 90-day renewal period or any portion thereof, submission of an exterior elevation, facade rendering, and a site plan with landscaping for the proposed prefabricated, modular building. The building shall comply with all applicable building codes, but is not required to comply with zoning or landscape regulations, except insofar as the city may require landscaping and setbacks based on the individual circumstances.

(e)

Temporary use of Portable On Demand Storage (PODS) containers having dimensions of 8 feet × 8 feet × 12 feet or 8 feet × 8 feet × 16 feet shall be used for no more than ten days as temporary storage in connection with moving in and out of property zoned residential or for a limited period of 90 days for renovations or roof repair on properties zoned residential, commercial or industrial, with an option to extend the time period for additional 90-day increments, if needed, pursuant to a city permit. The city reserves the right to deny a renewal permit after 180 days. The fee for the initial permit and the renewal permits is $50.00. The POD may be located on the front of residential property or in a private driveway if used for moving. To the extent feasible, the POD shall be located on the side yard or rear yard of residential property if the container is storing personal effects during renovations of the residence or roof repairs. There is a limit of only one POD on residential property. Upon announcement of a hurricane warning, a property owner must either remove the POD from the property or place the POD inside a building.

(f)

Temporary use of a prefabricated, modular building used as a Magnetic Resonance Imaging (MRI) facility or trailer shall be allowed subject to the following limitations:

(1)

The dimensions of the building shall not exceed 500 square feet in total area. The building shall comply with all applicable building codes.

(2)

A MRI facility shall serve patients only of the medical office located on the property where the MRI facility is situated.

(3)

A MRI facility shall not be located for more than two days at a site of the same medical office during each week. On the days that a MRI facility is not in operation, the MRI facility must be removed from the property.

(4)

The owner of the MRI facility shall obtain a temporary use permit prior to its operation. The city shall approve a location plan before issuing a temporary use permit. The temporary use permit shall not exceed one year upon payment of a fee of $1,000.00.

(5)

A MRI facility may not be located within a parking lot where the spaces that the MRI facility would occupy are considered required parking spaces for the commercial or industrial property that the parking lot serves.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(5); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 2003-81, § 1, 10-28-2003; Ord. No. 2006-22, § 1, 4-11-2006)

(a)

In all residential districts all roofs shall be pitched, except that where modernistic design is used a flat roof may be constructed of fire resistant material and covered with standard fire resistant roofing.

(b)

Wood-shingled roofs are prohibited.

(c)

In commercial and industrial districts, flat roofs and pitched roofs will be permitted, and they shall be of fire resistant material.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(6); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

(a)

A well-built frame temporary shed is permitted as part of a builder's or contractor's equipment to be used as a storeroom, tool shed, job office, and for similar purposes. Such shed, together with all construction materials, shall be located within the property lines of the building or structure under construction. At the completion of the building or structure, the shed shall immediately be dismantled or removed from the building site.

(b)

No certificate of occupancy shall be issued for the premises until all temporary sheds and all loose building, electrical and plumbing materials shall be removed from the premises.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(7); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

All exterior building surfaces shall be properly maintained and protected by paint and/or other protective coating approved in accordance with federal, state and county laws and regulations and applied in a workmanlike manner. All exterior building surfaces shall be free of chipping, pitting, cracking, discoloration, peeling or facing.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(16.1); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

All future buildings shall be built according to grades established by the city.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(11); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

A land survey, prepared by a registered engineer or land surveyor of the state, must be attached to each set of prints submitted to planning and zoning board for approval and to the planning and development department for a building permit with any new construction and with any addition, which will increase the ground area occupied by building, in excess of $750.00. All such surveys shall show the centerline of the street and on corner lots the centerlines of both streets. When applying for construction of an addition, the survey must show the location of the existing building and all general conditions at that time.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(13); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

The building official or designee shall issue a mandatory notice to an owner, upon issuance of a certificate of occupancy for new construction, advising the owner that it is unlawful to construct, enlarge, alter, repair, move, remove or demolish the building or structure without first obtaining a permit from the planning and development department. The notice shall be printed in English and in Spanish, in 16-point type, and be affixed to a window or otherwise prominently displayed on the building or structure. The seller or developer is prohibited from removing the notice prior to or upon transfer or sale and delivery of the property to the owner.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(13.5); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Editor's note— Ordinance No. 2008-02, § 1, adopted January 8, 2008, repealed § 98-1677, which pertained to building plans. See Code Comparative Table for history.

No building not completed in substantial compliance with plans and specifications upon which building permit as issued shall be permitted to be maintained on any land in the city for more than six months after the commencement of erection of such new building, except upon special permit granted by the planning and zoning board, and only for such period as it may prescribe.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(21); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

No trailer shall be parked in any location other than a trailer park, trailer sales and repair lot, or in a completely enclosed garage, with the exception of parking and storage of camping and recreational equipment on private residential property. Camping and recreational equipment includes small utility trailers, tent trailers and travel trailers, which trailers are not to exceed 26 feet in length and they are to be used from time to time and are to have current license plats and are to only be stored on the property and not used except for recreational purposes or uses only. At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes. Small utility trailers, tent trailers and travel trailers shall be parked within the rear and side yard, no closer than three feet from the rear or side yard property line.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(24); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5 24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22 1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10 1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92 35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 2007-33, § 2, 3-27-2007)

(a)

Construction standards. Detached pigeon lofts shall be constructed in a tradesman-like manner and of new materials. It must be weatherproof and constructed and maintained in a manner as to prevent the harborage of vermin and other pests. If wood is used, it must be pressure treated and all connectors must be galvanized. It shall be elevated at least one and one-half foot off the ground and properly anchored to the ground. A concrete slab of at least four inches thick and having an apron exceeding the perimeter of the loft by six inches all around is encouraged. There shall be at least two feet of pervious area surrounding the concrete pad to allow for adequate drainage. The loft shall have four walls, be no greater than 64 square feet, for lofts in single-family homes housing a maximum of 20 pigeons, or no greater than 40 feet, for lofts in townhouses housing a maximum of ten pigeons, and not exceed seven and a half feet in height, when measured from the ground level. The suspended floor shall be constructed of wood with absorptive qualities for regular ease of scrape cleaning. The floor shall be scraped and cleaned at least once every week. The roof shall have an overhang on all sides sufficient to protect the interior from rain. The loft, including the roof, shall be clad with a smooth material. There shall be no electrical or plumbing service. The loft shall be evenly painted.

(b)

Loft setbacks and site requirements. The loft shall be located in the rear yard with at least ten feet of separation from the rear and side property lines and ten feet from the main residential building. The loft shall not be placed within an accessory building, shed, open or enclosed terrace or other enclosed space. If no concrete pad is built, then the loft shall be placed on a pervious surface such as lawn, soil, or gravel, exceeding the perimeter of the loft by at least two feet. No waiver or variance of the number of pigeons, number, size, or location of the loft shall be granted. Only applications for variances of the lot size and setbacks may be considered.

(c)

Registration. Prior to constructing the loft and keeping pigeons pursuant to this section, the pigeon fancier must make an application for a certificate of registration on a form approved by the city. The applicant must submit a sketch of the loft proposed to be built including details of all the specifications required herein, proof of membership with a chartered pigeon club, proof of pigeon registration or ownership, proof of property ownership or lawful tenancy and an application fee of $60.00. The city shall conduct an inspection of the property for compliance with all the requirements of this section within thirty days from the receipt of the application. The city shall inspect the property each year thereafter upon payment of a $25.00 re-inspection fee. Failure to timely apply for the annual re-inspection shall constitute a violation of this section.

(Ord. No. 2012-36, § 1, 6-26-2012)

(a)

Mobile food dispensing vehicles. Mobile food dispensing vehicle, a/k/a "food trucks," shall have the same meaning as defined in F.S. § 509.102(1), namely, "a vehicle that is a public food service establishment that is self-propelled or otherwise moveable from place to place, and includes self-contained utilities, included, but not limited to, gas, water, electricity, or liquid waste disposal."

(b)

Licensing. Pursuant to this section, or as permitted as a special event as provided for in chapter 18 businesses, article II, special events of the Hialeah Code of Ordinances, mobile food dispensing vehicles shall be permitted, provided: (i) a copy of the appropriate license(s) issued from the Florida Department of Business and Professional Regulation (Division of Hotels and Restaurants) is submitted, and (ii) shall be kept in the vehicle when in operation, and (iii) shall be made available for inspection upon request by the city.

(c)

BTR. Each mobile food dispensing vehicle shall obtain and maintain a business tax receipt from the city, a copy of which, (i) shall be kept in the vehicle when in operation, and (ii) shall be made available for inspection upon request by the city, and (iii) shall provide the city the following:

(1)

Name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of the mobile dispensing vehicle or food truck.

(2)

A description of the type of food, service, or merchandise to be sold.

(3)

A description and photograph of motor vehicle to be used in the operation of the business, and dining furniture.

(4)

Photographs, taken not more than 30 days prior to the date of the application, of any person who will sell, or offer for sale, any food, service, or merchandise.

(5)

A notarized letter from the property owner of record authorizing the mobile dispensing vehicle or food truck to be used as described in the application package.

(6)

Insurance as determined by the city's risk manager.

(7)

All approvals required by the city and approval from the planning and zoning official.

(d)

On property zoned C-2, TOD and NBD. Mobile food dispensing vehicles shall be allowed, except where a parking variance was granted or the existing parking does not conform with current parking regulations and shall require administrative site plan approval from the planning and zoning department, as reviewed by the building, streets, fire and police departments, as may be applicable, ensuring and providing for the following:

(1)

An updated property survey including parking stalls and landscaping, to ensure no damage to landscaped areas.

(2)

A site plan drawn to scale demonstrating the following:

a.

Vehicle location, garbage disposal location, furniture layout, connectivity from sidewalks and parking area, and identifying sanitary facilities.

b.

Vehicular and pedestrian movement adjacent to vehicular roads. Drive-up sales are prohibited. Pedestrian sales or sales to customers must be walk-up.

c.

Identifying access to service areas, where consumers shall frequent the vehicle.

d.

Identifying and ensuring no interference with emergency access and fire lanes.

e.

Identifying and ensuring no interference with driveways, sidewalks, or vehicular roads.

f.

How dining furniture, including but not limited, to any furnishings, fixtures, and equipment, shall be removed at the end of operation.

g.

Not occupy any site parking space(s), unless agreed to by the owner and approved by the city.

h.

Provide for disposal of trash, removal of all litter, debris and other waste attributable to the mobile dispensing vehicle or customers.

i.

Ensure discharge of waste, fat, oil, grease or such other similar substances from the vehicle or other substances related to or generated from the vehicle shall be taken away with the vehicle when the vehicle leaves a property.

j.

Shall not use any flashing, blinking, or strobe lights or similar effects to draw attention to vehicles.

k.

Shall not use loud music, amplification devices, microphones, bullhorns, crying out, or any other audible methods to gain attention.

l.

No signage other than on the food truck.

m.

Branded items permissible shall be consistent with the food or beverages for sale, such as a cup or tee shirt that bears the name of the owner, company, restaurant or organization. Otherwise, the sale of products other than food and beverages is prohibited, and if any alcoholic beverages shall be served, the state license permitting same shall have been approved and be current.

n.

No overnight parking shall be allowed on-site.

o.

Hours of operation.

(e)

On public property.

(1)

Right-of-way is land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, where there is access for ingress or egress or other purpose by the public.

(2)

Use of a right-of-way. For any period of time is processed on a first come, first served basis by the city. The requirements for siting on private property provided for in subsection (g) apply, as applicable.

(f)

Appeal. If site plan approval is denied, an appeal to the city council may be heard, if filed within five business days of denial with the city clerk. An appeal shall be an executed letter by the applicant describing the reasons for the denial, and the denial by the city shall be attached to the letter if in writing. The appeal shall be heard if timely filed, at the next available city council meeting. City council approval is required to approve a site following a denial. The presentation on appeal is limited strictly to the issues set forth in the letter of appeal.

(g)

Prohibitions and general regulations. Mobile food dispensing vehicles shall be prohibited from operating within a 500-foot radius of a gasoline station, or any combustible energy source. This prohibition shall not apply where there is a protective structure within 50 feet of the property line or a two-hour fire rated masonry wall eight feet in height adjacent to the mobile food dispensing vehicle.

Mobile food dispensing vehicles shall have a clearance of no less than ten feet away from buildings, structures, property lines, vehicles or any combustible materials and no less than 12 feet in all directions from any opening to a means of egress.

(Ord. No. 2025-010, § 1, 2-11-2025)

The minimum side yard and rear yard setback requirement shall be such that the distance separation between the proposed industrial building and any building on any adjoining property shall be no less than five feet, one inch and in no event shall the setback be less than two feet, seven inches, if the setback on the adjoining property is a minimum of two feet, seven inches. If the adjacent property is developed, then the required setback and/or rear yard setback would be five feet, one inch. The intent of this provision is to assure that the distance separation between buildings on any two adjoining properties, whether side or rear, in industrial zones would be a minimum of five feet, one inch. No building permit shall be issued for the construction of a fence or wall between adjoining lots where the distance separation between the building or buildings and the proposed fence or wall is less than five feet, one inch. At all times, a minimum setback of five feet, one inch shall be clear and unobstructed. No hedge, tree, bush, wall, fence or other obstruction shall lie within the minimum setback.

(Code 1960, § 32-22.1; Ord. No. 83-159, § 5, 12-13-1983; Ord. No. 99-81, § 1(32-22.1), 8-10-1999)

(a)

The number of dwelling units which may be developed on a parcel of land zoned for residential use shall be based upon the residential zoning district classification and the net area of the parcel; where a fraction of a unit occurs that exceeds 0.5, it shall be recognized as a whole unit. The maximum number of dwelling units shall be as follow:

(b)

The net area of a parcel shall be that area, expressed in acres or fractions of an acre, of land zoned for residential use less rights-of-way for streets and thoroughfares. In addition, every residential development except R-1 and R-4 and R-3 when developed as R-4 shall comply with the following open space and lot coverage requirements:

(1)

A minimum of 30 percent of the net residential land area shall be maintained in landscaped open space, which space may include recreation areas, swimming pools, and setback areas.

(2)

A maximum of 30 percent of the net residential land area may be covered with or occupied by the principal residential structure.

(3)

A maximum of 40 percent of the net residential land area may be covered with open parking areas, vehicular drives, accessory and service structures and devices.

(c)

For R-4 zoning or R-3 zoning when developed as R-4, the maximum lot coverage of the net residential land area that may be covered with or occupied by the principal residential structure shall not exceed 50 percent.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(25); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 2009-94, § 1, 11-24-2009)

The elevations as shown on the flood criteria map of Miami-Dade County, as recorded in Plat Book 53, page 68, of the public records of Miami-Dade County, are ratified, approved and confirmed and adopted by the city, and all future construction in the city of every nature and kind, including streets and other public ways, shall be done in accordance with the elevation shown on the map.

(Ord. No. 1075, § 1, 9-24-1957; Code 1960, § 32-9; Ord. No. 99-71, § 2(32-9), 5-25-1999)

(a)

Screen enclosures enclosing swimming pools or other approved uses in all the R-1, R-2, R-3, and R-4 districts, and R-3 uses in other districts, shall be set back a minimum distance of 7½ feet from any interior side property line, 15 feet from any side street property line, and six feet from the rear property line, except that the minimum setback distance from a side street property line for a screen enclosure accessory to other than one- or two-family residential use shall be same as required for the principal building.

(b)

Legally divided residential parcels of land granted with a variance permit having an area less than 5,100 square feet or having a width less than 40 feet or depth less than 100 feet shall provide the following perimeter setbacks:

(1)

Patios, pools and wood decks shall be permitted only in rear or side yards subject to a five-foot perimeter setback reserved for drainage purposes. Wood decks, pools and patios on corner lots shall not be located in side yards facing the street.

(2)

Roof-covered patios shall be permitted only in rear yards subject to a five-foot perimeter setback reserved for drainage purposes, provided that roof-covered patios will not encroach beyond the line of the sides of the existing building, if extended into the rear yard.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(19); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

(a)

Minimum setback requirements on corner lots for residential buildings on corner lots shall be 20 feet from the front lot line, ten percent of the lot width with a minimum of five feet, one inch from the interior side of lot line, 15 feet from the side street lot line and 20 feet from the rear lot line or front of the secondary or accessory building. However, for multiple-family use, the rear yard requirement shall be 20 feet. All secondary or accessory buildings, such as garages or utility rooms, shall have a 7½-foot minimum setback from the rear property line, and the side yard requirements shall be the same as for the primary building.

(b)

Minimum setback requirements for commercial buildings on corner lots shall be 20 feet from the front lot line, no setback requirement from the interior side lot line, ten feet from the side street lot line and 15 feet from the rear lot line.

(c)

The front of the building shall be determined by the owner or applicant, at the time of application for the building permit. The address or the location of doors shall have no effect as to the determination of the front, rear and sides of the residential or commercial building when located on a corner lot.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(4); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

No person shall remove or cause to be removed any land contained within the city limits which will lower the uniform grade of such land.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(16); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Every owner of real property shall provide for disposal of all surface water, and it shall be unlawful to drain water to adjacent private property owned by other persons.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(23); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

No fence, other than an ornamental open fence, and no wall, structure or planting over 3½ feet in height above the established top of the curb grade at any corner shall be erected or maintained in any residential district within 20 feet of the intersection of the street lines.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(a); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

An open fence shall provide at least 30 percent open spaces in the face of such fence.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(b); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

No fence or wall on any property having a commercial or residential-office land use classification or commercial or residential-office zoning designation shall be erected along a lot line of an adjoining lot of a residential land use classification or zoning designation at a height greater than six feet. For the first ten feet from the right-of-way into a lot, no wall, fence or hedge shall be allowed to exceed 2½ feet unless the fence contains a minimum of 75 percent visibility. However, along the rear property line of property zoned R-1, the height shall not exceed seven feet.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(c); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 2001-87, § 2, 11-13-2001)

All exterior fence surfaces shall be properly maintained and such surfaces, with the exception of chainlink and aluminum fences, shall be protected by paint and/or other protective coating approved in accordance with federal, state and county laws and regulations applied in a workmanlike manner. All exterior surfaces shall be free of chipping, pitting, cracking, discoloration, peeling or fading.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(c.1); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Fences, hedges or shrubbery may be erected on or across utility easements, provided that a gate or other means of egress and ingress shall be provided whereby persons lawfully using such easements shall be privileged to travel along such easements without delay. This section shall in no way be construed as an attempt to cancel or terminate utility rights across any property which may be held by any utility company or the city department of water and sewers or any other city department or any other government body.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(d); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

(a)

Except as provided in this section, no hedge in a residentially zoned district in the city shall be planted or continued unless it complies with the minimum requirements of the latest edition of the Miami-Dade County Landscape Manual.

(b)

No fence, wall or hedge within a residentially zoned district shall exceed the following heights:

(1)

Along the front lot line, four feet.

(2)

Along a side lot line, six feet.

(3)

Along the rear lot line, six feet.

(c)

The height of front or side lot line solid fences, walls and hedges on property zoned residential or abutting a residential zoning district shall not exceed 2½ feet in height within ten feet of the edge of a driveway (located on the lot or abutting lot) leading to a public right-of-way or within ten linear feet from an alley open for public use. Fences constructed higher than 2½ feet shall contain a minimum of 75 percent visibility and if columns are utilized in walls, the maximum width of a column within ten feet of a public right-of-way shall be 16 inches, except as provided in the HDUC district. No hedges within public rights-of-way, not otherwise prohibited, shall be allowed without the written permission of the streets department as provided in chapter 82. The city is exempted from the requirements of this subsection in connection with the development of public parks and other public facilities.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(d.1); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 2000-87, § 1, 9-26-2000; Ord. No. 2001-87, § 1, 11-13-2001)

(1)

Prohibition. Except as otherwise provided for in this section, it shall be unlawful for any person to erect, construct or use in the city any fence, commonly known as electrified fences, which shall be electrically charged by electricity from any battery, power company or from any other power source whatsoever.

(2)

Exception for properties zoned industrial. Fences powered by battery, discharging non-lethal, pulsating charge of electricity and meeting the requirements or limitations set forth in this subsection, shall be permitted on property zoned Industrial and developed for industrial use.

(a)

Non-electrified perimeter fence or wall required. The electrified fence shall be completely surrounded by a non-electrified fence. The non-electrified fence shall be a total height of no less than eight (8) feet. The non-electrified fence can have no more than two (2) feet of barbed wire, which shall be erected above the fence in a horizontal linear form. The barbed wire shall not be allowed to be erected in a coil, spiral or be otherwise wound around or above the non-electrified fence. Where the property on which the electrified fence is to be installed abuts property zoned for or used for residential uses, a non-electrified perimeter wall, no less than eight (8) feet in height, must be built meeting all requirements set forth in this subsection. Where a non-electrified perimeter wall is required, no barbed wire shall be allowed. The electrified fence shall not exceed the height of the perimeter fence or wall by more than two (2) feet and shall not exceed ten (10) feet in height as measured from the finished ground elevation to the top of the fence. There shall be a separation of at least twelve (12) inches between the non-electrified fence or wall and the electrified fence. The distance between the non-electrified fence or wall and the electrified fence can taper to accommodate physical conditions on the property and can taper to three (3) inches at the gates, only. The non-electrified fence or wall shall be located between the electrified fence and the property line and meet all other code requirements, including but not limited to, setbacks.

(b)

Required signs. The presence of an electrified fence on the property shall be clearly marked with warning signs. The warning signs shall use a minimum letter size of two (2) inches, contain the international symbol for an electrical hazard and a message that reads: "Warning—Electric Fence in Use". The symbol and letter color must contrast with the sign background color. The warning signs shall be posted on the exterior surface of the perimeter fence or wall, such that they are visible to the public, and on the interior surface of the electrified wall, such that they are visible to any person within the area enclosed by the electrified fence, at least five (5) feet above finished grade and spaced no greater than sixty (60) feet apart throughout the entire length of the perimeter fence or wall.

(c)

A building permit shall be required prior to installing an electrified fence. Electrified fences must meet all applicable International Electrotechnical Commission (IEC) Standards or Underwriters Laboratories Inc. (UL) Standards and life-safety codes not inconsistent with the requirements set forth in this section. Electrified fences shall have a shut-off switch installed in a location acceptable to the police and fire departments to de-energize the electrified fence.

(Code 1952, § 20.15; Code 1960, § 21-17; Ord. No. 2014-63, § 1, 11-25-2014)

No barbed wire fence shall be erected in any residential zoning district.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(e); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 99-71, § 2(32-7), 5-25-1999)

No permit shall be issued for the construction of any building unless property dedications for rights-of-way are on record to ensure proper ingress and egress to and from the property.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(17); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

The five-foot strips of land along the sides of lots 13, 31, 49, block 1; lots 13, 31, 49, block 2; lot 13, block 3, of Bradley Estates Subdivision, according to the plat thereof, as recorded in Plat Book 90, at page 97, of the Public Records of Miami-Dade County; and the ten-foot strips of land along the sides of lots 33, 44, 53, block 3; lots 11, 22, 33, 44, 53, block 4; lots 11, 22, 33, 44, 53, block 5 of Heidi Estates Subdivision, according to the plat thereof, as recorded in Plat Book 86, at page 49, of the Public Records of Miami-Dade County, which had previously been reserved as private ingress and egress easements by such plat of Bradley Estates Subdivision and by city Ordinance No. 2388 are further reserved as private ingress and egress easements for pedestrian traffic only.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(9)(f); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

(a)

All public alleys within residential districts or residential areas within the city limits, as identified in a marked map located in the office of the city clerk, which by reference is made a part of this section, are closed, vacated, abandoned and discontinued for the purpose of which they were dedicated to public use subject to the terms and conditions as set forth in this section.

(b)

All public alleys which traverse an area where a residential district or area abuts one side of the public alley and where a nonresidential district or area abuts the other side of the public alley shall not be closed or vacated, except as so provided in subsection (d) of this section.

(c)

Utility easement. An easement shall be reserved for the installation, maintenance and operation of any utility located or to be located in the alleys or portions thereof vacated by this section, including the right of the utility to install, maintain, operate, repair and replace any poles, wires, pipes, conduits, sewer mains, water mains or any other facility or equipment for the maintenance or operation of any utility.

(d)

All property owners whose land abuts the alleys and all utilities which are located in the alleys or portions thereof shall have seven months from the effective date of this section (January 25, 1994) to petition the city in writing and to request the following exceptions to this section if desired:

(1)

An easement of ingress and egress in an alley or portion thereof;

(2)

A restriction or expansion of the utility easement; and

(3)

Closure and vacation of any public alley identified in subsection (b) of this section.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(14); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Fishing or bathing from any public bridge, street, alley, or other public way is prohibited.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(10); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Street numbers shall be as provided in chapter 74.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(28); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Private roads shall not be allowed in any zoning district within the city; except that private internal roads shall be allowed in a residential development district located in Hialeah Heights subject to site plan approval.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(29); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 2013-07, § 1, 2-12-2013)

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

Accessway means an unobstructed driveway leading to and from a parking space.

Angle parking means a parking space forming an angle less than 90 degrees with the accessway by which it is served. Vehicles exiting such parking spaces shall head in the same direction as required to enter the parking space from the rear.

Backout parking means a parking space so located that a vehicle occupying the space must reenter the public right-of-way in a reverse direction. Backout parking shall be allowed in low density residential districts or areas.

Commercial parking lot means an area for which operable motor vehicles may be parked on a temporary basis where the owner or operator of the vehicle may leave the motor vehicle, for a fee, to return within one hour or within 24 hours or a fractional part thereof and remove the vehicle. A commercial parking lot may not be used for the storage of motor vehicles, including but not limited to motor vehicles that are untitled or licensed to a motor vehicle dealer. Commercial parking lots must conform to all requirements of the zoning district to which they are permitted. Commercial parking lots that allow parking of trucks, trailers, tractors and commercial vehicles shall not be located adjacent to or abutting low density residential districts or areas. Commercial parking lots that allow parking of automobiles may be located adjacent to or abutting low density residential districts or areas; provided, however, that the parking lot is enclosed by a CBS wall eight feet in height. Submission of approved paving, grading and landscaping plans are required prior to issuance of a building permit for construction of a commercial parking lot.

Floor area means the gross floor area under the roof, including accessory structures, as measured from the exterior walls.

Loading area means a space within the main building or on the same lot located for pickups and deliveries, and directly accessible from a street or alley without crossing or entering any other loading or parking spaces. It shall be arranged for convenient and safe ingress and egress of delivery vehicles.

Parallel parking means a parking space parallel to the accessway by which it is served and that is accessible only from one side. Parallel parking spaces on private property shall be entered only from an accessway located on the private property. Accessways serving a parallel parking space must continue on a parallel course for at least 20 feet beyond the front end of a parking space for that parking space to be considered accessible.

Parking space means an all-weather surfaced area designated for parking that is clear of columns, posts or other structures which meets the minimum size requirements. A parking space shall be permanently reserved for the temporary storage of one vehicle and shall be connected with a street or alley by an all-weather surfaced driveway affording vehicular ingress or egress without requiring another vehicle to be moved.

Perpendicular parking means a parking space forming an angle of 90 degrees with the accessway by which it is served.

Turnaround means an area at the end of a dead-end driveway, whether configured as a cul-de-sac or as a T-type, for the purpose of reversing the heading of a vehicle.

(Code 1960, § 32-7.1(a); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997)

Cross reference— Definitions generally, § 1-2.

Prior to the issuance of any building, paving, grading and leveling or other permits, certificates of occupancy or certificates of final inspection, a parking plan and a driveway plan, if applicable, must be approved by the planning division, building division and the other regulatory agencies. A suitable sketch must be presented to the planning division, the building division and streets department indicating the parking layout on the premises and indicating all driveways extending beyond the property line in the public right-of-way before approval is given by the city. City approval shall be based on a consideration of factors that may affect the safety and welfare of the public. City approval of the driveway plan shall be based on consideration of the volume of traffic to be generated, its pattern and conflict with the adjacent road traffic, the number of driveways proposed and their proximity of median cuts, visual clearances or obstructions at the driveways, angle and location of the driveway and its intersection with the road, and the elevation of the driveway in reference to the road. If a property, abutting or adjacent to a state road, requires approval of the state department of transportation, such approval must be obtained prior to the issuance of permits as referenced in this section.

(Code 1960, § 32-7.1(b); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 99-71, § 2(32-7.1), 5-25-1999)

(a)

Accessibility. Minimum width of driveways or accesses shall be as follows:

(b)

Parking spaces for the disabled. Parking spaces for the disabled within the city limits shall comply with the requirements of the Florida Americans with Disabilities Accessibility Implementation Act, as amended, and the Americans with Disabilities Act Accessibility Guidelines, as amended and as incorporated and adopted by state law, or the requirements of Miami-Dade County, whichever is more restrictive.

(c)

Loading spaces. Loading spaces shall measure a minimum of 35 feet in length and 15 feet in width.

(d)

Parking spaces. All parking spaces, with the exception of parking for the disabled, shall measure a minimum of 18 feet in length and 8½ feet in width, except for parallel parking spaces, where the minimum length shall be extended to 22 feet.

(e)

Turnaround. The minimum width for turnarounds shall be as follows:

(1)

Cul-de-sac: 50 feet in diameter.

(2)

T-type: full width of right-of-way across the top of the "T" with ten-foot wide lanes.

(Code 1960, § 32-7.1(c); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997)

Off-street parking shall be provided in accordance with the following minimum standards. If a calculation of minimum parking spaces results in a number with a fraction, then the next higher whole number shall be considered the proper calculation.

(1)

Automotive uses in districts or areas zoned commercial. One (1) parking spaces for each two hundred (200) square feet of gross floor area or one (1) parking space for each two thousand (2,000) square feet of total lot area, whichever is greater.

(2)

Automotive uses in districts or areas zoned industrial. All automotive uses must be equal to or exceed 3,000 square feet of floor area and shall provide one (1) parking space for each 500 square feet of gross floor area, except as provided herein. Office buildings, including indoor display area, for automotive dealerships (no repairs on premises) must be equal to or exceed 1000 square feet of floor area and shall provide parking according to the requirements for commercial uses pursuant to subsection (d)(6) below.

(3)

Banquet halls; convention halls; private clubs; dance, karate, and aerobics schools; health/exercise studios; gymnasiums; bowling alleys; skating rinks; gun ranges; tennis and/or racquetball clubs; theaters, including movie theaters; auditoriums; and other similar places or establishments. One parking space for each 200 square feet of gross floor area or fractional part thereof.

(4)

CBD central business district and CR commercial-residential zoning districts.

a.

Automotive uses. One parking space for each 500 square feet of gross floor area.

b.

Banquet halls; convention halls; private clubs; dance, karate, and aerobics schools; health/exercise studios; gymnasiums; bowling alleys; skating rinks; gun ranges; tennis and/or racquetball clubs; theaters, including movie theaters; auditoriums; and other similar places or establishments. Same as general requirements.

c.

Commercial uses, not found elsewhere in this section. One parking space for each 550 square feet of gross floor area.

d.

Day care centers, child care facilities, kindergarten and preelementary schools. One parking space for each employee and one parking space for visitor parking. Safe and convenient ingress and egress to the center, facility or school, including a dropoff area, is required.

e.

Elementary, middle and high schools, post-secondary schools, colleges, vocational or trade schools. Same as general requirements.

f.

Establishments serving food, liquor or refreshments, including restaurants, lounges, nightclubs or other similar places. Same as general requirements.

g.

Hotels, motels and transient accommodations. One parking space for each of the first 40 living units counted and one parking space for every two additional living units.

h.

Libraries, galleries and museums. One parking space for each 400 square feet of gross floor area.

i.

Places of worship. One parking space for each 40 square feet of gross floor area of the main auditorium (sanctuary), chapels and other rooms used for general assembly and recreation, and classrooms.

j.

Mixed commercial-residential use. The parking spaces required for the residential component shall be governed by the requirements of the R-3-8 multifamily zoning district, and the parking spaces for the commercial component shall be governed by one-half of the CBD central business district zoning district requirements for the applicable commercial uses.

k.

Governmental offices. One parking space for each 550 square feet of gross floor area.

(5)

Combined industrial and office uses contained in buildings with storefront facades and overhead doors. One parking space for each 200 square feet of gross floor area counted for 50 percent of the building. One parking space for each 500 square feet of gross floor area counted for the remaining 50 percent of the building. For second floor office space: One parking space for each 250 square feet of gross floor area. For second floor storage space with finished ceilings less than seven feet six inches in height or no less than six feet eight inches in height, if there is any projection from the ceiling: One parking space for each 2,000 square feet of gross floor area. If office space is less than ten percent of the total square footage of the building, then minimum parking spaces will be calculated as a manufacturing and industrial use. The property owner of a proposed development shall sign a declaration of restrictive covenants and such declaration shall be filed in the county public records in a form acceptable to the city identifying the percentages of designated office space or other commercial uses and the industrial uses that would be permitted according to the available parking spaces. Such declaration shall be filed prior to issuing any building permits if minimum parking spaces are calculated according to the paragraph. If the property owner increases office space or intensifies the commercial use requiring additional parking spaces that deviates from the declaration without consent of the city council, then the property owner must satisfy the minimum parking requirements for the entire property or development as if it were utilized for office space or commercial uses. Under such circumstances, if a parking variance were granted based on the declaration of restrictive covenants, then the property owner consents to the repeal and rescission of the parking variance.

(6)

Combined industrial and office uses contained in buildings with storefront facades and overhead doors—Annexation area. For the gross floor area that is used as offices or other commercial uses, one parking space for each 200 square feet of gross floor area of the floor with the greatest floor area within the building, and one parking space for each 500 square feet of the remaining floor area. For the gross floor area that is used for manufacturing and industrial uses, one parking space for each 750 square feet, or fractional part thereof. Parking spaces under the building shall not be considered in the calculation of floor areas. The property owner of a proposed development shall sign a declaration of restrictive covenants and such declaration shall be filed in the county public records in a form acceptable to the city identifying the percentages of designated office space or other commercial uses and the industrial uses that would be permitted according to the available parking spaces. Such declaration shall be filed prior to issuing any building permits if minimum parking spaces are calculated according to this paragraph. If the property owner increases office space or intensifies the commercial use requiring additional parking spaces that deviates from the declaration without the consent of the city council, then the property owner must satisfy the minimum parking requirements for the entire property or development as if it were utilized for office space or commercial uses. Under such circumstances, if a parking variance were granted based on the declaration of restrictive covenants, then the property owner consents to the repeal and rescission of the parking variance.

(7)

Commercial uses, not found elsewhere in this section. One parking space for each 200 square feet of gross floor area of the floor with the greatest floor area within the building, and one parking space for each 500 square feet of the remaining floor area. Parking spaces under the building shall not be considered in the calculation of floor areas.

(8)

Day care centers, child care facilities, kindergarten and preelementary schools. One parking space for each 400 square feet of gross floor area. Safe and convenient ingress and egress to the center, facility or school, including a dropoff area, is required.

(9)

Elementary, middle and high schools, post-secondary schools, colleges, vocational or trade schools. One parking space for each 200 square feet of gross floor area of the floor with the greatest area and one parking space for each 400 square feet of all other floors. Housing facilities on college campuses must provide off-street parking of one parking space for every two residents.

(10)

Establishments serving food, liquor or refreshments, including restaurants, lounges, nightclubs or other similar places.

a.

If dancing is not permitted or if live entertainment is not provided, one parking space for each 150 square feet of gross floor area is required.

b.

If dancing is permitted or live entertainment is provided, one parking space for each 100 square feet of gross floor area is required.

(11)

Reserved.

(12)

Hospitals. One parking space for every patient bed and one parking space for each 2,000 square feet of gross floor area. Beds in infant nurseries shall not be counted as patient beds.

(13)

Hotels, motels, roominghouses, tourist courts and transient accommodations. One and one-fifth parking spaces for each living unit.

(14)

Libraries, galleries and museums. One parking space for each 200 square feet of gross floor area.

(15)

Manufacturing and industrial use. One parking space for each 1,000 square feet, or fractional part thereof, of gross floor area. In the annexation area, one parking space for each 750 square feet, or fractional part thereof, of gross floor area. Parking spaces located within a building shall not be considered as required off-street parking, except as provided in automotive uses in industrial zoning districts or areas.

(16)

NBD neighborhood business district.

a.

Residential uses. Parking for residential uses shall be one parking space for studios and one-bedroom units with area of less than 700 square feet; one and a half parking space for one and two-bedroom units not exceeding 1,000 square feet and two parking spaces for all others. An additional parking space for every ten units shall be provided for guest parking. The guest parking requirement may be satisfied, in whole or in part, by the operation of valet parking services for residential guest in tandem parking spaces that are otherwise not permitted, approved by the city. For projects proffering affordable housing units, a parking reduction may apply.

b.

Commercial uses. The parking requirements for commercial uses as designated in this section shall apply.

c.

Work/live units. Parking for work/live units shall be one parking space for every 200 square feet of the gross floor area of the work portion of the unit.

(17)

Places of worship. One parking space for each 40 square feet of gross floor area of the main auditorium (sanctuary), chapels and other rooms used for general assembly and recreation, and classrooms.

(18)

Recreational and commercial-recreation uses. One parking space for each 200 square feet of gross floor area.

(19)

Residential developments.

a.

Low density. Two parking spaces for each dwelling unit.

b.

Medium and high density. Two parking spaces for one or two bedrooms, and one-half parking space for each additional bedroom.

c.

Apartment buildings in R-3-8 (multifamily) zoning districts. One and one-half parking spaces for each dwelling unit for the first 15 units counted and 1.20 parking spaces for each additional dwelling unit.

(20)

Residential-office. One parking space for each 200 square feet of gross floor area.

(21)

Residential care, treatment and convalescent home uses. One parking space for every three patient beds.

(22)

Self-storage facilities. One parking space for each 4,000 square feet of gross floor area, with a minimum of five parking spaces, regardless of the size of the self-storage facilities. The minimum distance separation between facades of different buildings used as self-storage facilities or structures, separated by parking areas, shall be 30 feet.

(23)

Unmanned communication buildings and wireless communication towers. One parking space.

(24)

BDH business development district. For warehouse distribution buildings, which shall be defined as storage buildings for a variety of goods involved in local, interstate and international shipping, shall provide one parking space for each 1,000 square feet of gross floor area in the building up to 10,000 square feet and then one space for each 2,000 square feet of gross warehouse floor area thereafter. For the gross floor area that is used as offices or other commercial uses, not exceeding ten percent of the total area of each warehouse bay or unit, one parking space for each 300 square feet of gross floor area of such building or fractional part thereof. And, one parking space for each 200 square feet of gross floor area or fractional part thereof for office and retail areas exceeding ten percent of the total area of the warehouse bay or unit.

(Code 1960, § 32-7.1(d); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 99-71, § 2(32-7.1), 5-25-1999; Ord. No. 2001-62, § 1, 8-28-2001; Ord. No. 98-71, § 1, 6-9-1998; Ord. No. 2005-16, § 1, 2-8-2005; Ord. No. 2007-013, § 1, 2-13-2007; Ord. No. 2009-24, § 2, 4-14-2009; Ord. No. 2014-08, § 1, 2-11-2014; Ord. No. 2016-03, § 2, 1-26-2016; Ord. No. 2017-041, § 1, 8-8-2017; Ord. No. 2025-005, § 1, 1-28-2025)

In all zoning districts, the parking area shall be so arranged that there is no backout into an adjacent private or public street or right-of-way, except for those lots in low density residential districts or developments. All parking spaces shall be reached or entered by traveling along assigned accessways without interfering with landscaped areas, structures, or other parking spaces. Every parking space shall be reached or entered by a continuous forward movement, without reversing direction, except for parallel parking, and shall be vacated by returning to the right-of-way with not more than one reversal of direction. The planning director shall determine whether a parking space is accessible under the requirements of this section.

(Code 1960, § 32-7.1(e); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 99-71, § 2(32-7.1), 5-25-1999)

(a)

Required off-street parking areas shall be located on the same lot, parcel or premises as the use to be served. However, if the use to be served is a business or commercial use, the parking area may be on a lot or parcel of land that is of the same land use classification as the property which it serves and that the parking area is located within a 300-foot radius from the main entrance to such business or commercial use to be served; provided, however, that such business or commercial use shall immediately terminate if such parking area is not available. Anyone having right, title and interest in and to such property site shall execute and place in the Miami-Dade County public records a restrictive covenant and, if applicable, a unity of title agreement, approved by the planning director, that such business or commercial use shall cease and terminate upon the elimination of such parking area, and that no business or commercial use shall be made of such property until the required parking area is available and provided.

(b)

Required off-street parking areas shall be located on the same lot, parcel or premises as the use to be served. However, if the use to be served is an education or religious institution or an apartment building, the parking area may be on a lot or parcel of land that is of the same land use classification as the property which it services and that the parking area is located within a 300-foot radius from the main entrance to such use as an educational or religious institution or an apartment building to be served; provided, however, that such use shall immediately terminate if such parking area is not available. Anyone having right, title and interest in and to such property site shall execute and place on the Miami-Dade County public records a restrictive covenant and, if applicable, a unity of title agreement, approved by the planning director, that such use as an educational or religious institution or as an apartment building shall cease and termination upon the elimination of such parking area, and that no occupancy of any building shall occur until the required parking area is available and provided.

(1)

Notwithstanding the above, where the lot or parcel of land is zoned C-R commercial-residential district, the maximum distance limitation for off-site parking shall be within a 600-foot radius of the main entrance of the nonresidential or mixed commercial-residential use served. The off-site parking area is not required to be the same land use classification as the property it serves.

(2)

Notwithstanding the above, where the lot or parcel of land is zoned CBD central business district, the maximum distance limitation for off-site parking shall be within a 900-foot radius of the main entrance of the nonresidential or mixed commercial-residential use served. The off-site parking area is not required to be the same land use classification as the property it serves.

(3)

Reserved.

(c)

Buildings abutting or contiguous to any Florida Power and Light Company transmission line easement may use the easement area, with the consent and permission of Florida Power and Light Company, to satisfy no more than 50 percent of the required off-street parking area or required number of parking spaces.

(Code 1960, § 32-7.1(f); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 99-71, § 2(32-7.1), 5-25-1999; Ord. No. 2004-01, § 1, 1-27-2004)

(a)

Property zoned industrial. Up to 20 percent of required parking may be satisfied by utilizing on-street parking within 600 feet of the main entrance of the use served, except for streets or rights-of-way where on-street parking is not permitted. On-street parking must be paved, marked and approved by the streets department. Any on-street parking space that is used to calculate required parking shall not be reserved for the exclusive use of the property owner, but shall be used for the general public.

(b)

Property zoned commercial. Up to 20 percent of required parking may be satisfied by utilizing on-street parking within areas that abut the property line or lines that face a right-of-way, except for streets or rights-of-way where on-street parking is not permitted. On-street parking must be paved, marked and approved by the streets department. Any on-street parking space that is used to calculate required parking shall not be reserved for the exclusive use of the property owner, but shall be used for the general public.

(c)

Property zoned residential. On-street parking spaces shall not be used to satisfy city minimum parking requirements.

(Ord. No. 2004-01, § 1, 1-27-2004)

Off-street parking spaces shall be separated from walkways, streets or alleys by a wall, fence, six-inch curb or landscaping. There shall be a distance separation of four feet between a parking space and the wall of a building, with landscaping or a walkway, if a parking space adjacent to the building is situated parallel to the wall of a building. Pedestrian walkways shall be a minimum of four feet wide. The frontage along the entire parking area adjacent to an accessway shall provide a pedestrian walkway for ingress and egress to the building.

(Code 1960, § 32-7.1(g); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2192.

(a)

Off-street parking areas, including loading and circulation areas, shall be paved and maintained in accordance with the provisions of the Miami-Dade County Public Works Manual and related standards.

(b)

Such areas shall be constructed and maintained to prevent runoff onto abutting properties and rights-of-way. Stormwater runoff shall be contained within the site by means of drainage structures or facilities.

(Code 1960, § 32-7.1(h); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 98-71, § 1, 6-9-1998; Ord. No. 99-71, § 2(32-7.1), 5-25-1999; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2193.

Parking spaces shall be marked by painted lines, stripes or curbs that indicate individual spaces. Signs or markers, clearly identified, may be used as necessary to provide efficient traffic circulation.

(Code 1960, § 32-7.1(i); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2194.

Lighting shall be provided and maintained on building sites or lots containing more than five parking spaces. Lighting shall be arranged to assist visibility without creating unreasonable glare or hazardous conditions.

(Code 1960, § 32-7.1(j); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2195.

(a)

Off-street parking areas shall be landscaped according to the latest edition of the Miami-Dade County Landscape Manual for off-street parking and other vehicular use areas, as modified and supplemented by the city landscape manual, except that in peripheral landscaped areas along a right-of-way or adjacent to a front yard, trees shall be located no farther apart than 45 feet on center with a minimum of two trees for each right-of-way frontage and except as provided in R-Z residential districts.

(b)

Landscaped areas shall have suitable irrigation systems installed and maintained to ensure survival and growth of the landscaping.

(c)

R-1, R-2 and R-4 residential districts or areas are exempted from landscaping requirements, unless such developments include common areas. Common areas are subject to landscaping requirements.

(d)

In the CBD central business district and C-R commercial-residential district, a three-foot-high masonry wall or hedge shall be provided to act as a visual screen from the right-of-way for parking lots and parking garages.

(Code 1960, § 32-7.1(k); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 99-71, § 2(32-7.1), 5-25-1999; Ord. No. 2004-01, § 1, 1-27-2004; Ord. No. 2007-52, § 1, 6-12-2007)

Note— Formerly, section 98-2196.

The building official shall revoke certificates of occupancy upon finding discontinued facilities for required parking.

(Code 1960, § 32-7.1(l); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2197.

Legal nonconforming compact parking spaces shall account for no more than 25 percent of the total spaces in any parking lot and may only be permitted if the spaces are shown on an approved site plan. Relocation of any compact space will annul the legal nonconforming status of the affected compact space.

(Code 1960, § 32-7.1(m); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2198.

(a)

Definitions.

Boat or vessel is synonymous with boat as referenced in § 1(b), Art. VII of the State of Florida Constitution and includes every description of watercraft, barge, and airboat, used or capable of being used as a means of transportation on water. This definition shall not include the term "Personal watercraft" such as a "Jet Ski", as defined in F.S. § 327.02.

Commercial vehicle means a motor vehicle and/or trailer used primarily for commercial purposes or designed or built for a commercial enterprise or business or use; or any vehicle marked with a sign, letters, identification numbers advertising or associating it in any way with a commercial enterprise other than those that identify the vehicle maker or dealer. A commercial vehicle may also include a vehicle used for transporting people for compensation. Recreational vehicles are not considered commercial vehicles for purposes of this section.

Recreational vehicle means a recreational vehicle-type unit, as particularly described in F.S. § 320.01(1)(b), primarily designed as temporary living quarters which either has its own motive power or is mounted on or drawn by another vehicle, or any other mobile item using wheels and being operated on the roads located within the city, which is used to transport persons or property and is propelled by power other than muscular power; provided, however, that the term "vehicle" does not include mopeds, traction engines, road rollers or vehicles which run only upon a track.

(b)

Unlawful acts.

(1)

It shall be unlawful to park earth-moving, road and building construction equipment, tow trucks, wreckers, rigs, tractor and/or trailers, dump trucks, buses, buses that are converted to other uses, gas trucks and septic tank trucks within a residential zoning district, including the adjacent rights-of-way or swale area, unless engaged in loading or unloading material or actively performing repairs or services on the property where the vehicle is parked.

(2)

It shall be unlawful to park a commercial vehicle or trailer that exceeds a 2,000-pound load or capacity, within a residential zoning district, including the adjacent rights-of-way or swale area, unless engaged in loading or unloading material or actively performing repairs or services on the property where the vehicle or trailer is parked. Parking overnight is prohibited.

(3)

It shall be unlawful to have more than two commercial vehicles of 2,000-pound load or capacity or less parked for more than one hour within a residential zoning district or area, including adjacent rights-of-way or swale area, unless engaged in loading or unloading material or actively performing repairs or services on the property where the vehicle is parked. Parking overnight is prohibited.

(4)

A property owner, tenant or person in possession or control of the property shall provide access to the property for the city inspector, upon request, to conduct an inspection to determine the location of a parked commercial vehicle. Failure to provide access for an on-site inspection, upon reasonable notice, is a violation of this section.

(c)

Parking of permitted commercial vehicles on property zoned residential.

(1)

A property owner or tenant may park the following types of commercial vehicles within the rear or side yard, no closer than three feet from the rear or side yard property line, or on a paved front driveway of property zoned residential when the use of the commercial vehicle complies with the permitted uses allowed in the residential zoning district, notwithstanding maximum load or capacity:

a.

An open bed pick-up truck and a pick up truck with an enclosed trunk cap. All such vehicles shall either possess one front load bearing single wheel axle and one rear load bearing single or a double wheel axle. The name and logo of the business or enterprise is the only advertising permitted on the vehicle.

b.

No more than one vehicle of the following types of commercial vehicles may be parked within residential zoned property: a food-vending truck/lunch truck, ice cream truck, a private school van that holds 12 passengers or fewer, commercial van, small step van, taxicab and a limousine. If one type of commercial vehicle is parked within a residential zoned property, no other vehicles that are described in this paragraph will be allowed on the same property. Inventory cannot be openly displayed and must be securely shuttered or enclosed in the trunk cap.

(2)

At no time shall a commercial vehicle or trailer, if allowed according to subsection (c)(1)a., be used for commercial or business activity while parked on property zoned residential.

(d)

Parking of recreational vehicleson property zoned residential.

(1)

A recreational vehicle not exceeding 33 feet in length will be allowed to park in either side yard of property zoned residential on an improved driveway only; provided that such recreational vehicle is parked no closer than three feet from the side property lines.

(2)

A recreational vehicle not exceeding 24 feet in length will be allowed to park in the front yard of property zoned residential only when sufficient vehicular parking is available; provided that such recreational vehicle is parked no closer than three feet from the front or side property lines and is parked perpendicular to the right-of-way on an improved driveway.

(3)

At all times, a creational vehicle shall have current license plates and registration that are clearly visible from the street. The owner of the recreational vehicle shall register the vehicle with the city and shall furnish to the city an affidavit indicating the recreational vehicle shall not be offered for occupancy as described in paragraph (4) of this section.

(4)

A recreational vehicle, while parked on property zoned residential, shall not be offered for occupancy or use by any third parties or occupied or used for living, sleeping, cooking or any other life-sustaining activities or for storage purposes by the owner, tenant, person in possession, or to any third party who is not the owner or tenant of the residence at which the recreational vehicle is parked. For purposes of this Code section, tenant or person in possession occupying the property must have a current valid lease or rental agreement with the property owner of the residential property which is to be promptly made available to the city.

(5)

A property owner, tenant or person in possession or control of the property shall provide access to the property, upon request, for the city inspector to conduct an inspection to determine the location of a parked recreational vehicle. Failure to provide access for an on-site inspection, upon reasonable notice, is a violation of this section.

(6)

No property owner shall park, or allow to be parked, more than one recreational vehicle on a property zoned residential.

(7)

A recreational vehicle parked on the property shall be registered to the property owner or tenant with a current valid written lease or rental agreement. If the recreational vehicle is owned by a close related relative (for purposes of this section, brother, sister, son, daughter, father, or mother) of the registered property owner, the city may allow the recreational vehicle to be parked on the property provided that the registered owner of the property discloses the identity of the owner of the recreational vehicle and the relationship the registered owner has to the owner of the recreational vehicle to the city at the time the recreational vehicle is registered with the city.

(8)

Recreational vehicles shall not be connected to water and/or sewer lines except for the purposes of a "flush out" of the recreational vehicle not exceeding 30 minutes in duration. The city shall reserve the right to cancel or pause water and sewer service to the property, after notice is afforded as prescribed by applicable Florida Law(s), if a violation of this paragraph is found.

(e)

Parking of boats or vessels on property zoned residential.

(1)

A boat or vessel that is 33 feet in length or less will be allowed to park in the rear yard or side yard within a residential zoned property, provided that the boat or vessel is parked no closer than three feet from the side or rear property lines. The boat or vessel shall be stored on a trailer at all times and to the extent practicable, screened from the view from the street and adjacent properties.

(2)

A personal boat or vessel that is less than 24 feet in length will be allowed to park in the front yard of a single-family residence if the property does not have a side yard or rear yard, provided that the personal boat or vessel is parked no closer than three feet from the side property line and that the front or rear of the boat or vessel shall face the right-of-way. The personal boat or vessel shall be stored on a trailer at all times.

(3)

A boat or vessel and/or trailer shall not be parked or stored on public property, including, but not limited to, the right-of-way, swale area or sidewalk. A boat or vessel and/or trailer, if parked or stored on private property, shall not encroach or block the right-of-way or sidewalk.

(4)

At all times, a boat trailer shall have current license plates and registration.

(5)

A boat or vessel while parked on property zoned residential shall not be occupied or used for living, sleeping or storage.

(6)

No property owner shall park, or allow to be parked, more than one boat or vessel on a property zoned residential.

(7)

A boat or vessel parked on the property shall be registered to the property owner or tenant or person in possession with a current valid written lease or rental agreement. If the boat or vessel is owned by a close related relative (for purposes of this section, brother, sister, son, daughter, father, or mother) of the registered property owner, the city may allow the boat or vessel to be parked on the property provided that the registered owner of the property discloses the identity of the owner of the boat or vessel and the relationship the registered owner has to the owner of the boat or vessel to the city at the time the recreational vehicle is registered with the city.

(f)

Parking of commercial vehicles, recreational vehicles, boats or vessels shall be prohibited on property developed as duplex, zero lot line, or multi-family.

(g)

A first violation of this section shall be a warning with the violator having 60 days to fully correct the violation. If the violation remains after 60 days, fines may be imposed pursuant to chapter 22 of the City Code.

(h)

Any person who owns the residential property and additionally owned a recreational vehicle or a boat or vessel parked at the same residential property prior to the adoption of this section and who can prove the required ownership with dated documentation from the Florida Department of Highway Safety and Motor Vehicles, may apply for and may be granted a variance pursuant to division 4 of chapter 98 of the City Code if they meet the criteria for granting such variance.

(Code 1960, § 32-7.1(n); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004; Ord. No. 2007-33, § 1, 3-27-2007; Ord. No. 2024-013, § 1, 1-23-2024)

It is unlawful to park a commercial vehicle, recreational vehicle, boat or vessel or trailer in a property zoned residential or in a property having a residential land use classification in Hialeah Heights, unless such a vehicle, vessel or trailer is parked within a completely enclosed garage or unless engaged in loading or unloading material or actively performing repairs or services on the property where the vehicle or trailer is parked.

(Ord. No. 2007-33, § 1, 3-27-2007)

When a building is constructed or when the floor area of an existing structure is enlarged by 50 percent or more, off-street loading spaces shall be provided as follows:

(1)

For retail, office, restaurant, wholesale, warehouse, repair service, industrial or similar uses:

(2)

For hotel, motel, hospital, adult congregate living facility, residential care and treatment facility and similar institutions or uses:

(Code 1960, § 32-7.1(o); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2201.

(a)

In residential developments where there are no dedicated rights-of-way for internal circulation, an additional one-quarter parking space for each dwelling unit shall be provided for guest parking.

(b)

Whenever a building is constructed, established or enlarged, or a use is changed, requiring an increased number of parking spaces from existing requirements, the minimum parking space requirement shall be calculated on the basis of the enlargement or change in use.

(c)

It shall be unlawful to discontinue or reduce required parking facilities without providing alternative facilities as required and approved by the planning director.

(d)

Off-street parking areas, including loading and circulation areas, shall be used only for such purpose and maintained in a clean and orderly condition.

(e)

In CBD central business zoning districts, parking lots and parking garages shall not be located within 20 feet of the front property line or street side at ground level.

(Code 1960, § 32-7.1(p); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 99-71, § 2(32-7.1), 5-25-1999; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2202.

The requirements set forth in this division shall apply to all new construction commenced after the adoption of the ordinance from which this division derives or when a building has been enlarged by two percent or more for accessory uses or when its use has changed, after the effective date of the ordinance from which this division derives.

(Code 1960, § 32-7.1(q); Ord. No. 95-21, § 1, 3-14-1995; Ord. No. 96-78, § 1, 9-10-1996; Ord. No. 96-95, § 1, 10-22-1996; Ord. No. 97-2, § 1, 1-28-1997; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2203.

(a)

Purpose. Pilot parking areas are intended to provide parking on Florida Power and Light Company (FPL) easements that lie between industrial and residential properties and that are under maintained or used in a way that negatively impacts the adjacent residential properties. The establishment of development criteria will curtail the deterioration and misuse of easements while providing parking space for selected vehicles.

(b)

Geographic boundaries.

(1)

Pilot parking area 1 comprises a 160-foot wide strip of land having West 34 Street, as its southern boundary, West 37 Street, as its northern boundary, 160 feet west of West 15 Avenue, if extended, as its western boundary, and West 15 Avenue, if extended, as it eastern boundary.

(2)

Pilot parking area 2 comprises a 160-foot wide strip of land having West 76 Street, as its southern boundary, West 84 Street, as its northern boundary, West 19 Court, if extended, as its western boundary, and the west property line of the lots that face West 18 Lane, as its eastern boundary.

(c)

Permitted uses and regulations. Parking commercial, customer and employee vehicles in FPL easements, subject to the consent of FPL, in pilot parking area numbered 1 and 2 shall be permitted as follows:

(1)

The type of vehicle permitted to park in the FPL easement are limited to a passenger car, sport/utility, light truck, van, wheelchair lift van, boat trailer, recreational boats, RV-folding trailer, Class A, B and C tow trucks with the crane in a collapsed position screened from view of abutting residential neighbors, slide-in campers, shuttle van, Class B and C motor homes, small-sized jet engine trailers, Class 2, 3, 4, and 5 vehicles (FHWA classification) and a school bus. Diesel-operated vehicles are allowed only to park and circulate within an area at a minimum distance separation of 80 feet from the adjacent residential property line. All other types of vehicles are prohibited and no variance will be granted concerning vehicle types.

(2)

Permitted use as a commercial parking lot as defined by section 98-2186. A commercial parking lot may not be used for the storage of vehicles, including, but not limited to, motor vehicles that are untitled or licensed to a motor vehicle dealer.

(3)

Permitted use as storage of vehicles solely used in connection with the business of the property owner or tenant.

(4)

Use for overflow or required parking if the property owner owns the easement and the adjacent industrial property and joins the two properties under a unity of title.

(5)

The hours of operation shall be limited to 6:00 a.m. to 7:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, except that if FHWA Class 4 and Class 5 vehicles commence operations from 6:00 a.m. to 8:00 a.m., such vehicles shall only operate within an area at a minimum distance separation of 80 feet from the adjacent residential property line. The hours of operation shall be limited to 9:00 a.m. to 5:00 p.m. on Saturdays and Sundays. Employee parking is exempt from the hours-of-operation limitations. No motor vehicles shall be driven or relocated on the easement during the hours that the business is closed and during non-operational hours as provided in this paragraph.

a.

In pilot parking area numbered 2, properties that are owned or leased and operated independently of the adjacent business, if the adjacent business is located outside the easement area, shall have hours of operation from 9:00 a.m. to 5:00 p.m. on all days.

(6)

No maintenance or repair work on the vehicles shall be allowed.

(7)

The owner or tenant shall obtain a city occupational license/business tax receipt prior to operating its business or conducting any business activity in pilot parking area numbered 1 and 2.

(d)

Landscape and development requirements.

(1)

In pilot parking area numbered 1 and 2, an 8-foot prefabricated concrete decorative wall and a 25-foot landscape buffer along or as closely parallel to the property line adjacent to residential properties shall be provided to act as a visual and acoustic buffer separating the easement uses from the residential properties. The buffer area shall be landscaped according to an easement landscaping plan adopted by the city for the pilot parking areas. The property owner shall maintain all planting material within the landscape buffer. Irrigation shall be provided for landscaped buffer area as approved by the city. No buildings or structures other than FPL power lines or FPL facilities shall be placed on or above the landscaped buffer area. All parking areas shall comply with the paving and drainage requirements of section 98-2194 herein and the marking and striping requirements of section 98-2195 herein.

(2)

Existing property owners in pilot parking area numbered 1 and 2 shall obtain a building permit within six months of the effective date of this ordinance and complete construction within 12 months of the effective date of this section in order to comply with the provisions of this section. Failure to obtain a building permit within six months and failure to complete construction within 12 months of the effective date of this ordinance shall cause the city to revoke all occupational licenses issued in connection with or arising out of the business activities conducted on the property and thereupon, the property owner or tenant shall cease conducting any business activities on the property and return to the property to a grass lot.

(e)

Precedence over other zoning and land use regulations. To the extent that there is any conflict, inconsistency or difference between other zoning and land use regulations, the regulations of this section shall prevail.

(f)

Violation. The city has the authority to revoke all occupational licenses on the premises for any violation of the provisions of this section in addition to other legal or administrative remedies, including, but not limited to, the imposition of civil fines, as provided in the Hialeah Code.

(Ord. No. 2007-47, § 1, 5-22-2007)

It shall be unlawful to park, or to cause to be remaining parked, an abandoned, junked or mechanically incapacitated motor vehicle on a public right-of-way, public swale area or other public property. It shall be unlawful to park, or to cause to be remaining parked, an abandoned, junked or mechanically incapacitated motor vehicle on private property except for storage within an enclosed garage and except for oil changes, fluid replacement, plug replacement or fixing a flat tire or replacing a flat tire with a spare tire. The terms "abandoned," "junked" and "mechanically incapacitated" are defined in section 90-171 of this Code.

(Ord. No. 2000-30, § 1(32-7.1(q)), 3-28-2000; Ord. No. 2004-01, § 1, 1-27-2004)

Note— Formerly, section 98-2204.

Existing mezzanine floors within buildings zoned industrial constructed prior to January 1, 2007 shall conform to current fire safety code requirements without the necessity of compliance with minimum current parking and landscaping requirements of the city; provided, however, the property owner shall use the mezzanine floor exclusively or primarily for storage with office use of less than ten percent of gross floor area permitted and the property owner applies for and obtains an administrative waiver of minimum parking and landscaping requirements. The property owner shall apply for an administrative waiver by completing an application on a form supplied by the city together with a fee of $100.00 and submittal of a plot plan or survey depicting landscape and parking areas to be filed with the planning division. The zoning official after a determination that the property cannot physically comply with current minimum parking requirements may grant an administrative waiver of parking and landscaping requirements conditioned upon compliance of the mezzanine with current fire safety code requirements and final inspection and approval of the mezzanine by the fire marshal or designee. The zoning official may also condition the waiver upon re-striping and reconfiguring parking spaces, adding parking spaces, and payment of landscape mitigation.

(Ord. No. 2007-015, § 1, 2-13-2007)

Note— Formerly, section 98-2205.

The purpose of the landscaping requirements is to promote canopy tree expansion and enhance, improve and maintain the quality of the landscape throughout the city.

(Ord. No. 2023-001, § 1, 1-10-2023)

The City of Hialeah landscape manual, latest edition dated November 2022 as may be amended, includes minimum standards and landscaping regulations that supplement Miami-Dade County landscaping requirements set forth in Chapter 18-A of the Miami-Dade County Code of Ordinances. Landscape plans shall be approved by the planning and zoning department and an irrigation plan shall be approved by the building department.

(1)

Landscape plans requirements: Landscape plans submitted for site plan review and permit shall include the following:

a.

Be drawn to scale and include property boundaries, north arrow, graphic scale, and date.

b.

Include a vegetation survey, including an aerial photograph which outlines the subject site, provided at the same scale as the landscape plan.

c.

Document zoning district, and net lot area.

d.

Delineate existing and proposed structures, parking spaces, accessways and other vehicular use areas, sidewalks, utilities, easements, height and voltage of power lines on the property or adjacent property.

e.

Provide a complete landscape legend information as included in the City of Hialeah Landscape Manual, affixed to the plans.

f.

Identify all landscape features and non-living landscape materials.

g.

Show all areas of vegetation required to be preserved by law, including but not limited to trees, specimen trees, native plant species, Natural Forest Communities, native habitats and wetlands.

h.

Illustrate geologic, historic and archeological features to be preserved.

i.

Depict stormwater retention/detention areas.

j.

Show building coverage and the location and dimension of greenbelt and water areas proposed for business and industrial zones.

k.

Layout dimensions for trees, plant beds and landscape features.

l.

Method(s) to protect and relocate trees and native plant communities during construction.

m.

Planting details and specifications.

n.

Irrigation details and specifications as set forth in section 98-2231.

o.

The landscaping and irrigation plan shall be signed and sealed by a landscape architect or the professional of record.

p.

Complete "Preparer's Certification of Landscape Compliance."

(Ord. No. 2023-001, § 1, 1-10-2023)

(a)

Required landscaping that is installed according to this Code and the latest edition of the Miami-Dade County Landscape Manual as modified and supplemented by the city landscape manual, during construction and/or renovations of properties within the city, shall be required to have an appropriate irrigation system installed and maintained in order to ensure the survival and growth of the installed landscaping.

(b)

It shall be the responsibility of the owner and/or lessee of developed real property within the city, for which a building permit is issued subsequent to the adoption date of the ordinance from which this section derives, and for which an irrigation system is required, pursuant to this section, to perpetually maintain such irrigation system in an operable condition.

(c)

Irrigation systems required in accordance with this section shall comply with the provisions of Section 8 of the Irrigation Design Standards of the Model Landscape Code of the South Florida Water Management District.

(d)

Failure to comply with this section may result, at the discretion of the city, in penal provisions and/or fines as provided elsewhere in this chapter, code enforcement orders and/or fines and/or occupational license revocation.

(e)

Single-family, duplex, and townhouse developments shall be exempted from this section except to the extent that they include common areas, which common areas shall be subject to this section.

(Ord. No. 2023-001, § 1, 1-10-2023)

(a)

All landscaping and irrigation on residential-office, commercial, industrial properties and multi-family developments must be installed according to certified plans approved by the city. The city will inspect the site at time of installation and at time of completion, a complete "Preparer's Certification of Landscape Compliance" signed and sealed by a landscape architect or the professional of record shall be submitted before a certificate of occupancy is issued.

(b)

One year from the issuance date of a certificate of occupancy, the approved landscaping and irrigation shall be re-certified by the city. Every three years from the issuance date of a certificate of occupancy. The city must recertify the approved landscaping and irrigation plan. The city shall recertify a property owner's landscaping and irrigation plan only if the trees, hedges, shrubbery, grass, ground cover and other plantings are viable, sustainable and properly maintained as represented on the landscaping and irrigation plan or site plan approved by the city at the time of issuing the certificate of occupancy. The city shall notify the property owner to recertify the property on payment of an inspection fee according to a fee schedule adopted by the city. At all times, the property owner shall continue to comply with the provisions of applicable sections of the Code in effect at the time of the issuance of the certificate of occupancy.

(c)

If a property owner does not recertify its property as provided herein, the city may suspend or revoke all occupational licenses issued to the property address of the property owner in addition to other remedies provided in the Code. Recertification shall apply to landscaping and irrigation plans approved by the city after January 1, 1997. Recertification shall also apply to landscaping as represented on the site plan submitted at time of permitting.

(Ord. No. 2023-001, § 1, 1-10-2023)

The city council, by ordinance, may waive the minimum landscaping requirements of the Miami-Dade County Landscape Manual, and Hialeah Landscape Manual, latest edition dated November 2022, as may be amended. Such a waiver must be predicated on physical limitations and restrictions on the property. In order to protect and maintain the tree canopy and landscape cover of the city, the grantee of a waiver of minimum landscaping requirements shall mitigate the loss of tree canopy and landscape cover on the affected property by providing new, viable trees and landscaping acceptable to the city as represented by the difference between the required number of trees and landscaping (shrubbery and ground cover) and the actual number of trees and landscaping allowed by waiver granted by the city. The trees and landscaping, or its equivalent cost, shall be delivered to the city for planting in areas within the city, such as parks, recreation and open spaces and street medians, as designated by the city.

(Ord. No. 2023-001, § 1, 1-10-2023)

If a building permit is issued for renovating or remodeling a development within a residential-office, multiple family, commercial or industrial-zoned property, without increasing the square footage of floor space, the city reserves the right, during the site plan review prior to issuing the building permit, to require additional trees and landscaping to supplement existing landscaping.

(Ord. No. 2023-001, § 1, 1-10-2023)

(Ord. No. 2023-001, § 1, 1-10-2023)

Regarding any zoning classification, the planning director, upon recommendation of the growth management advisory committee (GMAC), shall determine similar uses, which are not specifically enumerated or generally described in this chapter as permitted uses within the zoning classification, are to be permitted within that zoning classification. In determining similarity between a proposed use and the uses enumerated or described in this chapter, the planning director and growth management advisory committee shall be guided by the intent of the zoning classification and shall further consider common characteristics, the generation of pedestrian and vehicular traffic and the compatibility with the primary uses permitted within the zoning classification. The growth management advisory committee shall consist of representatives of the planning and development department, department of water and sewers, police department, fire department and streets department. The individual members of the growth management advisory committee shall include the building official and designee, the principal planner, the planning director or designee, the director of water and sewers or designee, the chief of police or designee, the fire chief or designee and the director of streets or designee. The planning director may not serve on the growth management advisory committee when the growth management advisory committee makes recommendations in accordance with this section.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(30); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999; Ord. No. 99-71, § 2(32-7), 5-25-1999)

(a)

No person shall stand or station himself on the sidewalks, streets or public highways in the city for the purpose of selling or offering to sell or serving or offering to serve any goods, wares, merchandise, ice cream, peanuts, popcorn, sandwiches, or soda water products when the person so selling or offering to sell any goods is within 500 feet of any property used for school purposes.

(b)

All occupational licenses issued shall be subject to the terms and conditions of this chapter.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(18); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

All distance requirements set forth in chapter 6 between certain licensees and vendors, schools and churches are adopted to be the same as adopted under chapter 6 pertaining to alcoholic beverages. This section shall not be construed to abrogate or repeal any of the distance requirements as set forth in chapter 6.

(Code 1960, § 32-30; Ord. No. 1449, § 1, 2-13-1962; Ord. No. 1472, § 1, 5-8-1962)

The construction and use of incinerators in the city limits are prohibited.

(Code 1960, § 32-31; Ord. No. 1943, § 1, 3-14-1967)

The construction and operation of slaughterhouses in the city limits are prohibited.

(Ord. No. 2001-84, § 8, 10-23-2001)

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

Adult bookstore means an establishment having, as its primary business, books, magazines and other periodicals, printed matter, films, posters and photographs which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, that would require the exclusion of minors pursuant to F.S. ch. 847 or an establishment with a segment or section devoted to the sale, rental, exchange, trade or display of such material.

Adult mini-motion picture theater means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult video store means an establishment having as its primary business videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas, as defined in this section, that would require the exclusion of minors pursuant to F.S. ch. 847.

Body-painting studio means an establishment having a substantial portion of the employees being of one sex, partially or totally nude, whose job is to have their bodies painted by a patron of the opposite sex for a fee.

Encounter parlor means an establishment having a substantial portion of the employees being of one sex, whose job is to read in the nude in the privacy of small rooms to customers of the opposite sex. The reading is from books which are characterized by emphasis on matters depicting, describing or relating to specific sexual activities.

Erotic dance studio means an establishment having a substantial or significant portion of the employees being of one sex, either partially or totally nude, whose job is to dance in the complete privacy inside of a room for customers of the opposite sex.

Relaxation spa means an establishment having a substantial or significant portion of the clientele being of one sex and where the services rendered are those of touching and caressing of the customers by attendants of the opposite sex who might be partially or totally nude.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic regions;

b.

Buttock; and

c.

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

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

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

(Code 1960, § 32-10.1(a); Ord. No. 77-100, § 1, 9-27-1977; Ord. No. 85-100, §§ 2, 3, 9-10-1985; Ord. No. 98-2, § 1, 1-13-1998)

Cross reference— Definitions generally, § 1-2.

Where a bookstore, video store and/or motion picture theater is a permitted use and in an existing zoning district where either a bath and/or massage parlor is a permitted use, then the uses of adult bookstore, adult video store, adult motion picture theatre, adult mini-motion picture theater, relaxation spa, body-painting studio, exotic dance studio and encounter parlor shall be permitted as a bookstore use, a motion picture theater use or bath and/or massage parlor use, respectively, where permitted, but, shall not be located within 1,000 feet of any other two such uses (adult bookstore, adult video store, relaxation spa, body-painting studio, exotic dance studio, and encounter parlor) or within 500 feet of any house of worship, child day-care facility, public or private school or property zoned residential or classified as residential in the city's future land use map.

(Code 1960, § 32-10.1(b); Ord. No. 77-100, § 1, 9-27-1977; Ord. No. 85-100, §§ 2, 3, 9-10-1985; Ord. No. 98-2, § 1, 1-13-1998; Ord. No. 2000-60, § 1, 6-27-2000)

In existing zoning districts, where a bookstore, video store, and/or motion picture theater and bath and/or massage parlor are a permitted use, the uses of adult bookstore, adult video store, adult motion picture theater and adult mini-motion picture theater, relaxation spa, body-painting studio, exotic dance studio and encounter parlor, as herein defined, shall be permitted as a bookstore, video store, motion picture theater or bath and/or massage parlor, respectively, where permitted, but shall not be located within 1,000 feet of any two such other uses (adult bookstore, adult video store, adult motion picture theater, adult mini-motion picture theater, relaxation spa, body-painting studio, exotic dance studio and encounter parlor) or within 500 feet of any house of worship, child day-care facility, public or private school or property zoned residential or classified as residential in the city's future land use map.

(Code 1960, § 32-10.1(c); Ord. No. 77-100, § 1, 9-27-1977; Ord. No. 85-100, §§ 2, 3, 9-10-1985; Ord. No. 98-2, § 1, 1-13-1998; Ord. No. 2000-60, § 1, 6-27-2000)

Distance separations between adult businesses and/or between adult businesses and particular zoning classifications set forth in sections 98-1767 and 98-1768 shall be measured from the nearest point of the property under the control and/or use of the adult business to the nearest point of the property zoned for residential, church and/or school purposes.

(Code 1960, § 32-10.1(d); Ord. No. 77-100, § 1, 9-27-1977; Ord. No. 85-100, §§ 2, 3, 9-10-1985; Ord. No. 98-2, § 1, 1-13-1998)

The city council may waive the 1,000-foot and 500-foot distance separations described for an adult bookstore, adult video store, adult motion picture theater and adult mini-motion picture theater if the following findings are made:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this subdivision will be observed.

(2)

The proposed use will not enlarge or encourage the development of a skid-row area.

(3)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.

(4)

All applicable ordinances will be observed.

(Code 1960, § 32-10.1(e); Ord. No. 77-100, § 1, 9-27-1977; Ord. No. 85-100, §§ 2, 3, 9-10-1985; Ord. No. 98-2, § 1, 1-13-1998)

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

Nude nightclub means any establishment wherein alcoholic beverages are served and employees either dance or perform either partially or totally nude for customers of either the same or opposite sex, either for one or more customers.

Nudity means the absence of clothing or covering over any specified anatomical area.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic regions;

b.

Buttock; and

c.

Female breast below a point immediately above the top of the areola.

(2)

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

(Code 1960, § 32-10.1A(a); Ord. No. 89-125, § 1, 12-12-1989; Ord. No. 90-136, § 1, 10-9-1990)

Cross reference— Definitions generally, § 1-2.

Where a nightclub is a permitted use, the use of a nude nightclub shall be permitted as a nightclub use, but shall not be located within 1,000 feet of any other two such uses or other adult uses as specified in subdivision II of this division or within 500 feet of any property zoned for residential, school or church uses, including properties zoned A agricultural, R-1 single-family, R-2 duplex, R-3 multifamily, R-4 townhouses, and/or SUP special use property. However, any nude nightclub licensed as a nightclub and in existence as of the adoption of the ordinance from which the section derives shall be grandfathered and shall be presumed to have met the distance requirement set forth in this section.

(Code 1960, § 32-10.1A(b); Ord. No. 89-125, § 1, 12-12-1989; Ord. No. 90-136, § 1, 10-9-1990)

Distance separations between nude nightclubs and/or between other adult businesses and from particular zoning classifications set forth in section 98-1797 shall be measured from the nearest point of the property under the control and/or use of the adult business to the nearest point of another adult use and/or to the property zoned for residential, church and/or school purposes.

(Code 1960, § 32-10.1A(c); Ord. No. 89-125, § 1, 12-12-1989; Ord. No. 90-136, § 1, 10-9-1990)

No person shall own, operate, manage, work or perform at any alcoholic beverage establishment which permits nudity on the premises unless the following mandatory requirements are observed therein:

(1)

Persons engaged in displaying nudity are prohibited from dancing or simulating sexual activity or having any type of performance requiring physical contact with any patron, spectator, employee or other person on the premises.

(2)

No person maintaining, owning or operating such an establishment shall permit the construction, maintenance or use of areas partitioned or screened from public view that are designed to be occupied or are commonly occupied alone or together by any persons on the premises of such establishment for private performances involving the display or exhibition of nudity.

(3)

No person on the premises of such establishment shall be permitted to use or to be present in areas partitioned or screened from public view that are designed to be occupied together or alone by any persons on the premises of such establishment for the display or exhibition of nudity.

(4)

Performers must be employees of the establishment, and evidence of payroll or contract must be available for inspection. Patrons will not be allowed to participate in partially or totally nude performances. Auditions for nude performers will not be conducted as part of a show or performance.

(5)

Prostitution or solicitation for prostitution, as defined in F.S. § 768.01, shall not occur on the premises.

(6)

There shall be no sale or use of controlled substances, as defined in F.S. § 893.02(4), on the premises.

(7)

A certificate of use or occupational license shall not be issued until the city receives reports from the police department, fire department, licensing section, department of planning and development and code compliance division that the regulations in this section have been complied with.

(Code 1960, § 32-10.1A(d); Ord. No. 89-125, § 1, 12-12-1989; Ord. No. 90-136, § 1, 10-9-1990)

Cross reference— Alcoholic beverages, ch. 6.

The city council may waive the 1,000-foot and 500-foot locational provisions described in this subdivision for a nude nightclub if the following findings are made:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this subdivision will be observed.

(2)

The proposed use will not enlarge or encourage the development of a skid-row area.

(3)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.

(4)

All applicable ordinances will be observed.

(Code 1960, § 32-10.1A(e); Ord. No. 89-125, § 1, 12-12-1989; Ord. No. 90-136, § 1, 10-9-1990)

The hotel and motel developments shall only be permitted where the proposed development meets both the zoning requirements of this chapter and the hotel/motel development parameters set forth in this subdivision.

(Code 1960, § 32-10.2; Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

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

Hotel means a building in which lodging or boarding and lodging are provided as the more or less temporary residence of individuals who are lodged therein and in which ingress and egress to and from all rooms are made through an inside lobby supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boardinghouse, lodginghouse or an apartment building, and no kitchen facilities in any individual unit are offered. Keys to the rooms and mail for the occupants of the hotel are received and generally kept by the attendant at the desk in the lobby.

Motel means a building or group of two or more buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of 11 residential units or rooms, which shall generally have direct, private openings to a street, drive, court, patio or the like.

(Code 1960, § 32-10.2(a), (b); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

Cross reference— Definitions generally, § 1-2.

For parking at hotels and motels, see the parking regulations provided in division 10 of this article.

(Code 1960, § 32-10.2(c); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

Signs for hotels and motels shall be as provided in chapter 74.

(Code 1960, § 32-10.2(d); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

Hotels and motels are allowable uses in C-1, C-2, M-1, M-3 and R-3 zoning classifications, which are commercial, industrial or multifamily on the land use plan.

(Code 1960, § 32-10.2(e); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

Hotels and motels containing 11 or more units shall be subject to site plan review pursuant to division 2 of article III of this chapter.

(Code 1960, § 32-10.2(f); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

For hotels and motels, the minimum lot width shall be 100 feet and the minimum lot area shall be 10,000 square feet.

(Code 1960, § 32-10.2(g); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

For hotels and motels, the total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area.

(Code 1960, § 32-10.2(h); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

(a)

For hotels and motels, setback requirements shall be as follows:

(1)

Front setback. For structures not exceeding 35 feet in height, the minimum setback shall be 25 feet; for structures over 35 feet in height, the setback shall be increased by 40 percent of the additional height; provided, however, that the required front setback shall not exceed 50 feet.

(2)

Rear setback. For structures not exceeding 35 feet in height, the minimum setback shall be 20 feet; for structures over 35 feet in height, the setback shall be increased by 40 percent of the additional height.

(3)

Interior setback and side street setback. Minimum setbacks for all structures shall be determined by a 65-degree line projected from the interior side property line upwards towards the center of the site; provided, however, that no structure shall be permitted to be closer than ten feet to the interior side property lines or 15 feet to the side street property line.

(b)

Minimum setbacks between buildings shall be 20 feet except where doors and windows or other openings in the building wall of a living unit face a wall of the same building and/or a wall of another building on the same site. In that case there shall be provided a minimum clear distance of not less than 30 feet.

(Code 1960, § 32-10.2(i); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

For hotels and motels, the floor area ratio shall not exceed the following; provided, however, that, if there is a covered parking structure, this shall not count as a part of the floor area, but shall be counted in a computing building height:

(Code 1960, § 32-10.2(j); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

The maximum number of units in a hotel and motel usage shall not exceed a density of 75 dwelling units per net acre or 588.2 square feet of lot area per dwelling unit.

(Code 1960, § 32-10.2(k); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

For hotels and motels, on each lot there shall be provided an open space equal to a minimum of 30 percent of the lot area. Such open space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery.

(Code 1960, § 32-10.2(l); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

(a)

Motels and hotels with 150 or more guestrooms may contain liquor package use on the premises for the accommodation and use of the guests only, provided the establishment adjoining such use is entered only through the lobby within the building and does not have the appearance of commercial or mercantile activity as viewed from the street or highway.

(b)

Motels and hotels with 200 or more guestrooms or apartment units under one roof may contain a nightclub on the premises, provided that the exterior of any such structure shall not have the architectural character or give the appearance of commercial or mercantile activity. Such nightclub shall be entered only through the lobby, and no additional or separate entrance shall be permitted except when the same opening leads into a courtyard or patio which is enclosed and which is not visible from the street.

(c)

A coffeeshop and dining room may be permitted in a motel and hotel having 50 or more guestrooms, provided that the exterior appearance of such structure shall not contain store fronts and shall not have the character or appearance of commercial or mercantile activity as viewed from the public street or highway. The total square footage of the coffeeshop or dining area, excluding kitchen facilities, etc., shall not exceed more than 15 square feet, multiplied by each living unit on the project.

(d)

Cabanas, provided they are strictly incidental to motels and hotels, shall not be used for overnight sleeping quarters and shall not be rented or leased to any person other than a guest of the motel or hotel.

(Code 1960, § 32-10.2(m); Ord. No. 86-38, § 1, 3-25-1986; Ord. No. 94-114, §§ 3, 4, 12-13-1994; Ord. No. 95-21, § 3, 3-14-1995)

There shall be no distance requirements between gasoline service stations, but it is provided that there shall be at least 600 feet in distance according to the normal route of pedestrian travel from the main entrance of a service station to the main entrance of any church or public or private school.

(Ord. No. 1145, § 1, 7-22-1958; Code 1960, § 32-10)

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

Manual carwash means an establishment engaged in the manual washing and waxing of personal motor vehicles. The term includes the structure and physical area so used.

Mechanical carwash means an establishment engaged in the mechanical or machine-operated washing and waxing of personal motor vehicles. The term includes the structure and physical area so used.

(Code 1960, § 32-10.3(a); Ord. No. 89-81, §§ 1—4, 8-22-1989; Ord. No. 97-68, § 1, 9-23-1997)

Cross reference— Definitions generally, § 1-2.

Individual freestanding establishments engaged in the manual washing and waxing of motor vehicles shall not be permitted within the city. Manual carwashes, lawfully established prior to adoption of this ordinance shall be permitted to operate as a non-conforming use in C-1 and C-2 zoning districts; provided, however, that they continue to comply with the following requirements:

(1)

Carwashes must meet all South Florida Building Code requirements, as amended.

(2)

No carwash site shall exceed 560 square feet.

(3)

No carwash shall be higher than nine feet six inches.

(4)

Carwashes must provide at least three spaces for customer parking. In any event no required off-street parking shall be utilized for work space.

(5)

Carwashes must provide adequate drainage.

(6)

Before obtaining a building permit, the operator must provide a site plan of the whole retail area showing the proposed site of the carwash. The operator shall also provide written consent of the property owner for a carwash establishment.

(7)

The operator shall also provide a site plan and elevation of the proposed carwash to the department of planning and development for review to determine compatibility with surrounding structures prior to building permit and licensing approval.

(8)

Washing or waxing commercial vehicles is prohibited in C-1 and C-2 zoning districts.

(9)

Washing implements, supplies and towels shall be screened from public view and not displayed in an unsightly manner.

(Code 1960, § 32-10.3(b); Ord. No. 89-81, §§ 1—4, 8-22-1989; Ord. No. 97-68, § 1, 9-23-1997; Ord. No. 2019-042, § 1, 5-28-2019)

Mechanical carwash facilities shall be permitted in C-2, C-3 and C-4 zoning districts for automobiles, minivans, SUVs, pickup and sports utility trucks, whether freestanding or ancillary in use; provided, that they comply with the following:

(1)

Compliance with the provisions of the South Florida Building Code, as amended, is required.

(2)

Compliance with landscaping and parking requirements of the applicable zoning district is required.

(3)

The facilities shall be subject to site plan review.

(4)

The location of the facility shall not be abutting or contiguous to a residential zoning district. If the aperture of the facility faces an abutting or contiguous commercial or industrial zoning district, then the facility must be enclosed by a six-foot high masonry wall or fence that effectively obscures the public view from the outside, reduces noise and conforms to the aesthetics of the surrounding area together with a five-foot wide heavily landscaped buffer situated outside the exterior wall surface or outside the fence towards the property line.

(5)

The placement of the aperture of the facility shall not face adjacent (separated by a right-of-way) to a residential zoning district. But if enclosed by a six-foot high masonry wall or a solid fence that effectively obscures the public view from the outside, reduces noise and conforms to the aesthetics of the surrounding area, the aperture may face adjacent property but only if a five-foot wide heavily landscaped buffer is situated outside the exterior wall surface or outside the solid fence towards the property line. If any portion of the building is open-sided or partially open-sided, even if the aperture does not face adjacent to a residential zoning district, the foregoing requirements of the six-foot masonry wall or solid fence and the five-foot wide landscape buffer must be established and maintained if the facility is adjacent to a residential zoning district. A solid fence may not be required if there is a distance of at least 200 linear feet between the location of the facility and the property line of the residential zoning district.

(6)

The facility shall operate only within the hours of 7:00 a.m. to 8:00 p.m.

(7)

Washing commercial vehicles shall be allowed only in C-3 and C-4 zoning districts.

(Code 1960, § 32-10.3(c); Ord. No. 89-81, §§ 1—4, 8-22-1989; Ord. No. 97-68, § 1, 9-23-1997; Ord. No. 2000-100, § 1, 10-24-2000)

Garage or yard sales consist of the sale of used or old personal effects, clothing, furnishings, objects, furniture, books, appliances or similar items of the property owner or occupant that were not purchased or obtained for resale. Such sales will be permitted only in residential zoning districts on the premises of the property owner or occupant whose used or old personal effects are being sold or offered for sale and only for a limited duration of no more than two weekends during the calendar year.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(10.5); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

No junkyard or yard for storage of junked, demolished or dismantled automobiles shall be established in the city until a permit therefor shall first be had and obtained from the city council. Application for such permit shall be submitted to the planning and zoning board, together with a plan showing the manner in which it is proposed to screen such yard from public highways. The planning and zoning board, after public hearing thereon, shall submit its recommendations to the city council. No such yard shall be located in any area zoned for business or residential purposes.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(12); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

Assisted living facilities (ALFs) shall not be permitted except by conditional use permit in accordance with division 6 of article II of this chapter.

(Ord. No. 2019-026, § 1, 3-26-2019)

Editor's note— Ord. No. 2019-026, § 1, adopted March 26, 2019, amended § 98-1956 in its entirety to read as herein set out. Former § 98-1956, pertained to special use permit required. See Code Comparative Table for complete derivation.

(a)

All conditional use permit applications for assisted living facilities shall be accompanied by all documents provided to the state department of health and rehabilitative services for licensure.

(b)

In addition to the state licensing requirements, all assisted living facilities applications shall:

(1)

Provide the name and emergency contact numbers of current attending physicians;

(2)

If the facility houses residents with mental health issues, have specific designation for the provision of limited mental health services in its license, as required by F.S. § 429.075 as applicable;

(3)

Provide an identification sign as required in section 74-147(2)(e);

(4)

Have residential-type, see-through fencing six feet in height to provide an adequate buffer from adjacent properties; and

(5)

Provide 35 square feet of recreational space requirements exclusive of bedrooms, closets, kitchens, and administrative offices.

(c)

Zoning districts. An ALF shall be permitted in the following zoning districts: R-3, R-3-1, R-3-2, R-3-3, R-3-4, R-3-5, C-1, C-2, CBD and CR.

(d)

Distance requirements. An ALF shall not be permitted within a radius of 1,200 feet of another existing ALF, not otherwise licensed under F.S. ch. 419.

(Ord. No. 2019-026, § 1, 3-26-2019)

Editor's note— Ord. No. 2019-026, § 1, adopted March 26, 2019, amended § 98-1957 in its entirety to read as herein set out. Former § 98-1957, pertained to application for special use permit. See Code Comparative Table for complete derivation.

Upon license renewal by state department of health and rehabilitative services, assisted living facilities must notify the fire prevention bureau of the fire department.

(Code 1960, § 32-35(3); Ord. No. 92-7, § 1, 1-14-1992; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 96-75, § 1, 9-10-1996)

All assisted living facilities shall provide proof of continuing licensure with the state department of health and rehabilitative services prior to city license renewal or a revocation of the license for failure to provide such will be issued by the city.

(Code 1960, § 32-35(4); Ord. No. 92-7, § 1, 1-14-1992; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 96-75, § 1, 9-10-1996)

(a)

A resident of an assisted living facility shall provide written authorization pursuant to rule 58A-5.024(4)(b), F.A.C., to allow the fire department, while providing emergency transport or fire rescue services, to inspect and review the resident's record described in rule 58-A-5.024(3)(a), F.A.C., and a copy of the medical examination described in Rule 58A-5.0181, F.A.C., for the sole purpose of providing emergency transport or fire rescue services. An employee on the premises of an assisted living facility shall provide the inspection and review of such records in a prompt manner. If there is no employee on the premises, the records shall be maintained in a lock box or other secured location. If a lock box or other secured location is maintained, the fire department shall have a key to a lock box or other secured location in order to access the resident's record and medical examination. The location of the lock box or other secured location shall be provided to the fire department at all times.

(b)

If a resident does not provide written authorization to inspect and review the records identified herein, then such refusal shall be documented in writing and maintained with all records that are subject to inspection and review.

(c)

Noncompliance with this subsection may cause license suspension or revocation of the assisted living facility.

(Ord. No. 2003-79, § 1, 10-14-2003)

Editor's note— Ord. No. 2003-79, § 1, adopted Oct. 14, 2003, set out provisions intended for use as § 98-1958. Such section already exists, therefore, these provisions have been included as § 98-1960.

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

Applicant means the sponsor, which through ownership or management, applies in the city for a residential care and treatment facility, or facilities/facility.

Disability means a physical or mental impairment that substantially limits one or more of an individual's major life activities, impairs an individual's ability to live independently, having a record of such an impairment, or being regarded as having such an impairment. People with disabilities do not include individuals who are currently using alcohol, illegal drugs, or using legal drugs to which they are addicted or individuals who constitute a direct threat to the health and safety of others.

Distance requirements means distance requirements as measured from the nearest point of the proposed location to the nearest point of an existing facility, and identified on an accompanying radius map prepared by a State of Florida Registered Land Surveyor shading the proposed location and tracing a radius to the applicable distances identifying existing facilities within the jurisdictional limits of the city using the most recently published data compiled from licensing entities, as applicable, indicating the distances.

Inpatient treatment means supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents in a facility, such as medical professionals, mental health counselors, therapists or other professionals on a recurring basis, including nursing and dental services beyond the provision of mere personal services.

Residential care and treatment facility means any institution, building, dwelling, residence, private home, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide housing and personal services, for a period exceeding 24 hours, to three or more people not related to the owner or administrator by blood or marriage, who require such services, which may or may not be licensed by the State to include the Florida Agency for Persons with Disabilities, the Florida Department of Elderly Affairs, the Florida Agency for Health Care Administration, or the Florida Department of Children and Families. Personal services shall not be construed to mean the provision of inpatient treatment.

The definition of residential care and treatment facility shall not include a community residential home, as provided by state law, F.S. § 419.001, namely, a dwelling unit licensed as defined in F.S. § 419.001 that serves residents as defined therein who are clients of these agencies, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents, licensed by the aforementioned agencies, as well as, the clients of the Florida Department of Juvenile Justice. A community residential home of six or less residents that otherwise meets the definition of a community residential home as provided in F.S. § 419.001, shall also be excluded from the definition of residential care and treatment facilities or facility.

Facilities that make sober living arrangements also known as recovery residences, shall be certified by the state's designated credentialing entity established under F.S. § 397.487, and shall be regulated as a residential care and treatment facility as provided in sections 98-1987 through 98-1988, and sections 98-1990 through 1992. If the required license or credentialing has been denied to a proposed facility, it is ineligible for a permit.

Facilities offering the services described in this definition for fewer than three people is within the meaning of this definition if it formally or informally advertises or solicits the public for residents or referrals and holds itself out to the public as an establishment, which regularly provides such services.

This definition does not include any other group living arrangement for unrelated individuals who are not disabled nor residential facilities for prison pre-parolees or sex offenders.

Supervisory residential care and treatment facilities means a residential care and treatment facility that combines inpatient treatment with housing.

(Ord. No. 2019-025, § 1, 3-26-2019)

(a)

Of six residents or less. Residential care and treatment facilities that are comprised of six residents or less, shall be permitted in low density residential districts (R-1, R-2, R-4 and RZ) or medium and high density residential districts (R-3, R-3-1, R-3-2, R-3-3, R-3-4 and R-3-5).

The applicant shall provide a current survey of the property, and copies of any previously approved plans (microfilms) obtained from the building department, and request a building and zoning inspection by completing an application and paying the corresponding fee. The purpose of the inspection is to verify that the property complies with this subdivision, and has not undergone modifications or improvements that were built without permits. The inspection fee is $500.00 and a re-inspection fee is $150.00, for each re-inspection.

(b)

Of more than six residents. Residential care and treatment facilities, having more than six residents, shall be prohibited in areas zoned RO, R-1, R-2, R-4, R-Z and RDD and are allowed in R-3, R-3-1, R-3-2, R-3-3, R-3-4 and R-3-5.

The applicant shall provide a current survey of the property, and copies of any previously approved plans (microfilms) obtained from the building department, and request a building and zoning inspection by completing an application and paying the corresponding fee. The purpose of the inspection is to verify that the property complies with this subdivision, and has not undergone modifications or improvements that were built without permits. The inspection fee is $500.00 and a re-inspection fee is $150.00, for each re-inspection.

(Ord. No. 2019-025, § 1, 3-26-2019)

Supervisory residential care and treatment facilities are permitted as follows:

(a)

Of six residents or less. Supervisory residential care and treatment facilities shall be permitted in low density residential districts (R-1, R-2, R-4 and RZ) or medium and high density residential districts (R-3, R-3-1, R-3-2, R-3-3, R-3-4 and R-3-5) by conditional use permit granted in accordance with division 6 of article II of this chapter, and shall provide in the application:

i.

The name of the sponsoring agency, if any;

ii.

The name of the operator of the facility;

iii.

The street address of the facility;

iv.

A description of programs to be provided or offered by the facility;

v.

The maximum number of persons or clients who will reside at the facility;

vi.

Status of all applicable federal, state and county licenses and authorization or certification;

vii.

Specifications as to how the proposed facility meets applicable licensing criteria for the safe care and supervision of the clients in the facility;

viii.

A description of the inpatient treatment and housing to be provided in the same premises;

ix.

The number of employees, shifts, and duties of each;

x.

The license issued by the Florida Agency for Persons with Disabilities, the Florida Department of Elderly Affairs, the Florida Agency for Health Care Administration, or the Florida Department of Children and Families or the certification from the state's designated credentialing entity established under F.S. § 397.487.

xi.

Applicants shall be subject to these distance requirements: 1,000 feet of another existing such home with six or fewer residents or within a radius of 1,200 feet of another existing supervisory residential care and treatment facility of seven or more.

(b)

Of more than six residents. Supervisory residential care and treatment facilities shall be permitted in districts or areas zoned (R-3, R-3-1, R-3-2, R-3-3, R-3-4 and R-3-5, and in C-1, C-2, CBD and CR, only by conditional use permit granted in accordance with division 6 of article II of this chapter and shall provide in the application the same information required under subsection (a)(i)—(x).

(c)

Prior to the advertised public hearing before the planning and zoning board, the planning and zoning official shall consult with the water and sewer department, police department, fire department, and streets department, and shall submit a written report and recommendation evaluating the relevant zoning regulations and the following factors:

i.

Compatibility with surrounding community, to include: 1) a consistent maintenance schedule of the home inside and out, 2) the upkeep and grooming of the contiguous yards, 3) off-street parking, 4) the proper handling of trash;

ii.

Prevention of overconcentration by requiring a distance separation of 1,200 feet of another existing supervisory residential home of seven or more residents, and a radius of 500 feet of a single-family home.

iii.

Strain on public safety services;

iv.

Proximity to a network of supportive public and private services; and

v.

The specifications as to how the facility meets the applicable licensing or certification criteria for the safe care and supervision of the clients and residents in the facility.

(Ord. No. 2019-025, § 1, 3-26-2019)

(a)

Six or fewer occupants. For a community residential home of six or less persons as defined in F.S. § 419.001 in a residential district, the applicant is subject to:

(1)

The zoning letter for the applicant to pursue licensing with the State.

(b)

Prior to occupancy, the applicant shall provide the zoning official, in writing:

(1)

Verification of the distance requirements as provided in F.S. § 419.001(2) are satisfied;

(2)

The applicant must also provide the home's location, the residential district, the number of residents, and include a statement indicating the need for, and the licensing status of the proposed home and specifying how the home intends to function; and

(3)

Its license and status as issued by the State of Florida or from the appropriate licensing agency.

(c)

Seven to 14 occupants. A community residential home as defined in F.S. § 419.001(a) of seven to fourteen persons shall be permitted to site in a multifamily zoning district, with the exception of the residential development district, provided the applicant establishes the following:

(1)

The applicable licensing criteria established and determined by the appropriate licensing entity are met;

(2)

It shall house no more than 14 residents, and conforms to existing zoning regulations applicable to other multifamily uses in the area;

(3)

Provide the specific address of the proposed site, and a written statement that explains how the home shall assure the safe care and supervision of its clients in the home; and

(4)

Provide the zoning official with verification of the distance requirements as provided in F.S. § 419.001(3)(c)(3) in order to show that a concentration of community residential homes in the area in proximity to the site selected would not result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered.

(5)

Once the applicant satisfies the foregoing subsections, the city shall review the application, and deemed permitted, if the city fails to review and respond to an application within 60 days of submission.

(Ord. No. 2019-025, § 1, 3-26-2019)

(a)

A conditional use permit otherwise required may be issued based on a reasonable accommodation only if a proposed facility cannot be located within the distance requirements of an existing facility, and:

(1)

The applicant demonstrates that the proposed facility will not interfere with the normalization and community integration of the residents of any existing facility, and that the presence of other facilities will not interfere with the normalization and community integration of the residents of the proposed facility;

(2)

The applicant demonstrates that the proposed facility in combination with any existing facility will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying a de facto social service district by concentrating facilities on a block or in neighborhood;

(3)

The applicant demonstrates that the proposed facility will be compatible with the residential uses allowed as of right on the zoning district;

(4)

When the proposed facility would be located in a single-family zoning district, the applicant demonstrates that the proposed facility will not alter the residential stability of the single-family zoning district;

(5)

The applicant demonstrates that the applicant or the proposed facility has been granted certification by the State of Florida or license required by the State of Florida;

(6)

When the State of Florida does not offer certification or require a license for the proposed facility and the population it would serve, the application must demonstrate that the proposed facility will be operated in a manner effectively similar to that of a license or certified facility, that staff will be adequately trained, that the facility will emulate a biological family and be operated to achieve normalization and community integration, and that the rules and practices governing how the facility is run will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medication;

(7)

The primary function of the proposed facility is residential as any treatment is merely incidental to the residential use of the property;

(8)

The applicant demonstrates that it will ensure that the proposed facility emulates a biological family and operated as a functional family, rather than as an institution, roominghouses, boardinghouses and lodginghouses, dormitories, fraternity houses, sorority houses, hospitals, apartment hotels, nursing homes, sanitariums, convalescent homes, nursing home, short term vacation rentals, continuing care facility, motels, hotels, inpatient treatment centers that are not residential care and treatment facilities, rehabilitation centers, and other similar facilities, or a nonresidential use; and

(9)

The applicant demonstrates that the requested number of residents in the proposed facility will not interfere with the normalization and community integration of the occupants of any existing facility.

(b)

Reasonable accommodation shall be decided by either the city council or a special magistrate appointed by the city, subject to the approval of the city council.

(c)

The application fee of $300.00 is paid.

(Ord. No. 2019-025, § 1, 3-26-2019)

Supervisory residential care and treatment facilities, and community residential homes of seven persons or more shall provide an adequate fully operational emergency power source, and a supply of fuel sufficient to sustain the emergency power source for at least five days during a power outage, to power the facility to:

(1)

Power life safety equipment used or needed by the residents;

(2)

Consistently maintain an ambient air temperature of 81°F. or less within one or more areas of the facility having enough space to safely hold all of the facility's residents; and

(3)

Allow for the refrigeration and heating for preparation of food and beverages that are served by the facility to its residents, and for the storage of ice.

(Ord. No. 2019-025, § 1, 3-26-2019)

No use variances shall be permitted for residential care and treatment facilities, nor for community residential homes in F.S. § 419.001 or that otherwise meets the definition of a community residential home as provided therein.

(Ord. No. 2019-025, § 1, 3-26-2019)

No swimming pool final inspection and approval shall be given by the city, unless there has been erected a safety barrier as provided in this subdivision.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

The swimming pool safety barrier shall take the form of a screened-in patio, a wooden fence, a wire fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend the barrier with the style of architecture planned or in existence on the property.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

The minimum height of the swimming pool safety barrier shall be not less than four feet.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

The swimming pool safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected. In either event it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

Gates in the swimming pool safety barrier shall be of the spring-lock type, so that they shall automatically be in a closed position at all times, and shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

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

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

(a)

In the wooden-type fence swimming pool safety barrier, the boards, pickets, louvers, or other such members shall be spaced, constructed, and erected so as to make the fence nonclimable and impenetrable.

(b)

Walls, whether of the rock or block type, shall be so erected to make them nonclimable.

(c)

Wire fences shall be the two-inch chainlink or diamond weave nonclimbable type, or of an approved equal, with a top rail. They shall be of a heavy galvanized material.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

It shall be within the discretion of the director of planning and development to refuse approval of any swimming pool safety barrier which, in his opinion, does not furnish the safety requirements of this subdivision; i.e., that it is high enough and so constructed to keep the children of preschool age from getting over or through it.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

Any pool or swimming pool more than 18 inches deep or having more than 250 square feet of surface area must have the approved safety barrier before the pool or swimming pool or any pool shall be filled with water, and further providing that the safety barrier would then and there be subject to a building permit for the erection of the safety barrier.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

Minimum setback distances for swimming pools in R-1, R-2, R-3 and R-4 districts and R-3 uses in other districts shall be ten feet from any interior side property line, 20 feet from a side street property line, and 7½ feet from a rear property line.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

A swimming pool shall be constructed no closer than five feet to any building foundation, unless both the design and construction are approved by the director of planning and development as safe and will not possibly result in a weakening of or damage to the building foundation. In no event shall such pool be closer than 18 inches to any wall or any enclosure.

(Ord. No. 788, § XXVII, 5-25-1954; Code 1960, § 32-26; Ord. No. 1791, § 1, 7-27-1965; Ord. No. 2361, § 1, 7-28-1970)

(a)

Definition. "Home office" means an office designed for and operated as a home occupation and office contained within a dwelling unit or residence as a secondary, ancillary use. The office shall be limited to the use of small office equipment, computers and telephones. If a person has a business address other than the location of the residence, incidental office work brought home from the business may be conducted within the residence without constituting a home office for purposes of this section.

(b)

Permitted uses. A home office shall be permitted as a secondary, ancillary use to all lawful residential uses in R-1, R-Z R-2, R-3 and R-4 zoning districts subject to the limitations described in subsection (c).

(c)

Limitations.

(1)

The square footage of the home office shall not exceed 200 square feet of the living area of the dwelling unit or residence.

(2)

The home office shall not be located in any accessory building or other structure detached from the residence.

(3)

No more than one home office shall be permitted within a residence.

(4)

Home offices may only be used by a member of the household residing in the dwelling unit. Employees who are not members of the household are not permitted to work in a home office, except a disabled person may employ a personal care attendant to accommodate the person using the home office.

(5)

No customer or client visitation or other business traffic to and from the residence is permitted, except for delivery of office supplies and repair or installation of office equipment.

(6)

No signs or other forms of commercial advertisement outside the residence are permitted. Real estate brokers may provide an interior sign on the entrance of the door of the home office as provided by Fla. Admin. Code R. 61J2-10.024, as amended from time to time.

(7)

No storage of materials or equipment is allowed on the property, other than office records, office supplies or paperwork stored within the confines of the home office.

(8)

No installation of heavy machinery or equipment is allowed on the property.

(9)

No emissions may be generated from the use of a home office.

(10)

Secondary use of residence as home office shall not otherwise interfere with the residential character of the neighborhood. The exterior of the residence shall not be altered, changed or modified to accommodate the use of a home office.

(d)

Licensure. Prior to the operation of a home office within a residence, the home office must be licensed by the city under its 7299(B) classification and the license holder shall execute an affidavit of compliance with all provisions of this section.

(e)

Inspection. The license holder shall provide access to a city license inspector, upon reasonable notice, to visually inspect the home office for compliance with the provisions of this section. Prior to access, the license inspector shall obtain a subpoena for access and inspection signed by the licensing administrator and serve upon the license holder. If the license holder objects to access, the license holder must object in writing to the licensing administrator and state grounds of objection with reasonable particularity. If the licensing administrator overrules the objection, then the license holder shall provide access or appeal to the city council. Refusing access shall be just cause for revocation or suspension of license.

(Ord. No. 2006-30, § 1, 5-23-2006)

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

Family day care home means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a)

A maximum of four children from birth to 12 months of age.

(b)

A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(c)

A maximum of six preschool children if all are older than 12 months of age.

(d)

A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.

Large family child care home means an occupied residence in which child care is regularly provided for children from a least two unrelated families, which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. One of the two full-time child care personnel must be the owner or occupant of the residence. A large family child care home must have first operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one year, before seeking licensure as a large family child care home. A large family child care home shall be allowed to provided care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a)

A maximum of eight children from birth to 24 months of age.

(b)

A maximum of 12 children, with no more than four children under 24 months of age.

(Ord. No. 2009-64, § 1, 9-8-2009)

The operation of a residence as a family day care home or a large family child care home licensed or registered with the state department of children and family services shall constitute a valid residential use on property having a residential land use classification and a residential zoning district designation. A family day care home or a large family child care home shall comply with all zoning regulations of the residential zoning district designation. A family day care use or child care use shall not change the residential character of the home. Play areas shall be designed and located to reduce the impact of noise on surrounding properties.

(Ord. No. 2009-64, § 1, 9-8-2009)

A family day care home or large family child care home shall comply with the city fire code as adopted in section 38-31 hereof. A family day care home or large family child care home shall allow the city to inspect the premises, including the interior of the home, to determine compliance with the city fire code, upon payment of an inspection fee of $50.00, which also includes the re-inspection if required. If the city determines that a family day care home or large family child care home complies with the city fire code, then the city shall issue a certificate of compliance that will be in effect for two years. The property owner or operator of a family day care home or large family child care home shall be responsible for recertifying compliance upon the expiration of the certificate of compliance.

(Ord. No. 2009-64, § 1, 9-8-2009)

(a)

Definition. Prescribed pediatric extended care (PPEC) means a non-residential setting that provides continual medical care for children from birth through age 20 with medically-complex conditions. PPECs provide nursing services, personal care, developmental therapies, and caregiver training. Infants and children considered for admission to the PPECC facility require continual care, including, but not limited to, ventilator dependence, seizure disorders, chronic lung disorder, supplemental oxygen, I.V. therapy, malignancy, tracheotomy, heart disease, etc. The PPECC provides a less-restrictive alternative to institutionalization and reduces the isolation which the home-bound, medically dependent child may experience. A PPEC is an out-patient health care service prescribed by a physician for children who are medically and/or technologically dependent. As part of the continuum of care for medically dependent children, the PPECC includes an array of services focused on meeting the physiological as well as developmental, physical, nutritional and social needs of the children served. Children are placed in a PPECC facility because their medical condition requires continuous therapeutic interventions.

(b)

Permitted use. A prescribed pediatric extended care (PPEC) shall be permitted in commercial districts zoned C-1, C-2, CBD and CR only by conditional use permit granted in accordance with division 6 of article II of this chapter, and shall provide in the application:

(1)

The name of the licensing agency;

(2)

The name of the operator of the facility;

(3)

The street address of the facility;

(4)

A description of programs to be provided or offered by the facility;

(5)

Status of all applicable federal, state and county licenses and authorization or certification;

(6)

Specifications as to how the proposed facility meets applicable licensing criteria for the safe care and supervision of the clients in the facility;

(7)

A description of the treatment to be provided; and

(8)

The number of employees, shifts, and duties of each.

(c)

Parking. Safe and convenient ingress and egress to the center including a designated drop-off area to accommodate no less than three cars, one parking space for every five children, one parking space for every staff member.

(Ord. No. 2018-010, § 1, 2-13-2018)

Auto stacking space means the space occupied by the length of an automobile in a line in which pickup and delivery of children can take place.

(Ord. No. 2023-023, § 1, 2-28-2023)

Private schools shall be permitted in residential districts zoned R-3 and commercial districts zoned B-1, C-1 and C-2 only by conditional use permit granted in accordance with division 6 of article II of this chapter and required pre-application as set forth in section 98-181(4). Schools permitted in commercial districts shall clearly demonstrate in graphic form how the impact of and to the commercial area has been minimized through compliance with required minimum physical standards and added features to increase student safety. Expansion of daycares adding school grades to existing operations is prohibited with a grace period for existing facilities, as set forth in section 98-2037.

(Ord. No. 2023-023, § 1, 2-28-2023)

Effective from the date of this subdivision, all private schools shall be sited in the permitted districts and operate from a stand-along campus where parking and vehicular circulation serve the private school as a singular use and can be entirely satisfied within the property, providing safe vehicular and pedestrian circulation within the site and safe pedestrian connections offsite. Subject to legal non-conforming uses as provided for in article IV, siting schools within shopping plazas, strip malls, office buildings, or warehouses is prohibited. All existing schools in operation as of the effective date of the ordinance that were not previously approved under this code as a conditional use pursuant to section 98-181, are deemed not to be legal non-conforming and, shall have until the end of the 2023-2024 school year to either to obtain appropriate zoning relief or cease to operate.

(Ord. No. 2023-023, § 1, 2-28-2023)

(a)

Auto stacking shall be provided for a minimum of four automobiles for schools with 25 children; schools with 25 to 50 children shall provide eight spaces; schools with 50 to 100 children shall provide ten spaces; thereafter one space for each additional ten children or fraction thereof shall be provided. No variances of this section shall be granted.

(b)

Auto stacking buffer zone. To avoid spillover of vehicles into public rights-of-way there should be a buffer zone equivalent to the length of two automobiles between the property line abutting the right-of-way and the estimated car stacking length as provided above.

(c)

Parking requirements as set forth in section 98-2189(8) and (9) shall be complied with.

(d)

Circulation. Pedestrian and auto circulation shall be separate and all circulation systems shall adequately serve the needs of the facility and be compatible and functional with pedestrian and auto circulation systems outside the facility and in public rights-of-way.

(Ord. No. 2023-023, § 1, 2-28-2023)

(a)

Written information:

(1)

Total size of the site;

(2)

Maximum number of students to be served;

(3)

Number of teachers and administrative and clerical personnel;

(4)

Number of classrooms and total square footage of classroom space;

(5)

Total square footage of non-classroom space;

(6)

Amount of exterior recreational/play area in square footage;

(7)

Number and type of vehicles that will be used in conjunction with the operation of the facility;

(8)

Number of parking spaces provided for staff, visitors, and transportation vehicles, and justification that those spaces are sufficient for this facility;

(9)

Grades or age groups that will be served;

(10)

Days and hours of operations;

(11)

Pick-up/drop off shifts proposed management and shifts;

(12)

Compliance with requirements by the City of Hialeah Fire Department, Miami-Dade County department of Public Health, the department of health and rehabilitative services, and any federal guidelines applicable to the specific application.

(b)

Graphic information required. The following graphic information shall be prepared by design professionals, such as registered Florida architects and landscape architects, for proposed facilities:

(1)

A plan indicating existing zoning on the site and adjacent areas.

(2)

A site plan indicating the following:

a.

Location of all structures;

b.

Parking layout and drives;

c.

Walkways;

d.

Location of recreation areas and play equipment which shall include surrounding fences and/or walls;

e.

Graphic and scaled representation of proposed pick-up and drop-off vehicle circulation;

f.

Graphic and scaled representation of car queue to be generated at drop-off and pick-up times;

g.

Any other features which can appropriately be shown in plan form.

(3)

Floor plans and elevations of all proposed structures.

(4)

Landscape development plan listing quantities, size, and names of all plants in accordance with the City of Hialeah Landscape Manual.

(c)

Pre-application fee. Due to the extensive analysis required for this type of use, a pre-application fee of $500.00 will be charged to the applicant and includes up to two reviews of the submitted application. After the reviews a fee of $100.00 will be charged for each additional review. If further review by a traffic engineer is required, the cost shall be paid through cost recovery as set forth in section 2-874.

(Ord. No. 2023-023, § 1, 2-28-2023)

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

Satellite dish antenna (SDA) means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of shallow parabolic dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations" and "satellite microwave antennas."

(Code 1960, § 32-33(a); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

Cross reference— Definitions generally, § 1-2.

Satellite dish antennas shall be measured to the outermost part of the satellite dish antenna unless otherwise specified in this subdivision. No satellite dish antenna shall be erected unless a building permit is first obtained from the department of planning and development. Each application for a building permit for a satellite dish antenna must include certification by a registered engineer that the proposed installation complies with the South Florida Building Code. For roof- or wall-mounted satellite dish antennas, written documentation of such compliance must also include load distributions within the building's support structure.

(Code 1960, § 32-33(b); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

In any low-density residential district, one ground-mounted satellite dish antenna receiver is permitted on a buildable lot subject to all the following conditions:

(1)

The antenna shall not exceed 8½ feet in diameter when placed closer than ten feet to any property line. The antenna shall not exceed ten feet in diameter when placed from ten feet to 15 feet to a property line and shall not exceed 13 feet in diameter when placed further than 15 feet from a property line.

(2)

No installation shall exceed 15 feet in height. The height of a satellite dish antenna shall be the vertical distance measured from the natural grade to the highest point on the antenna.

(3)

A satellite dish antenna must be located behind the front building line of the principal building. Satellite dish antennas are to be set back from side property lines a minimum of five feet and one inch. On corner lots, satellite dish antennas are prohibited in the side yard facing the street. On corner lots, satellite dish antennas are to be set back from interior side property lines a minimum of five feet and one inch. In addition, the minimum rear setback on interior and corner lots is 7½ feet;

(Code 1960, § 32-33(c); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

In any low-density residential district, one roof-mounted or wall-mounted satellite dish antenna receiver is permitted in lieu of a ground-mounted antenna, subject to all the following conditions:

(1)

Clear reception of all satellite transmissions is not possible with a ground-mounted satellite dish antenna under section 98-2288;

(2)

The satellite dish antenna must be mounted on the roof or wall of a principal building;

(3)

Only one satellite dish antenna will be permitted per buildable lot;

(4)

The satellite dish antenna shall not exceed 8½ feet in diameter;

(5)

The height of the proposed installation shall not exceed the maximum height restriction imposed upon primary uses within the district and shall not project beyond the height of the principal building more than five-eighths of the diameter of the antenna; and

(6)

The antenna shall be mounted on the rear or nonstreet sidewall of the principal building or on the roof to the rear of the actual front building line.

(Code 1960, § 32-33(d); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

In any multifamily, commercial, GUD, K and REC district, ground-mounted satellite dish antennas are permitted subject to all the following conditions:

(1)

The satellite dish antenna shall not exceed 15 feet in diameter;

(2)

All installations shall comply with the principal building setback requirements specified within the district. The antenna shall be located behind the actual front and side street building lines;

(3)

No installation shall project beyond the height of the tallest principal building on the lot on which it is erected; and

(4)

No more than one satellite dish antenna per principal building shall be permitted.

(Code 1960, § 32-33(e); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

In multifamily, commercial, GUD, K and REC districts, roof- or wall-mounted satellite dish antennas are permitted in lieu of ground-mounted antennas subject to all the following conditions:

(1)

Clear reception of all satellite transmissions is not possible with a ground-mounted satellite dish antenna under section 98-2290;

(2)

The satellite dish antenna shall not exceed 15 feet in diameter;

(3)

Each satellite dish antenna must be mounted on the roof or wall of a principal building;

(4)

No more than one satellite dish antenna per principal building shall be permitted;

(5)

The height of the satellite dish antenna shall not exceed 17 feet above the height of the existing or proposed principal building on which it is placed; and

(6)

The antenna shall be mounted on the rear or nonstreet sidewall of the principal building or on the roof to the rear of the actual front building line.

(Code 1960, § 32-33(f); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

Satellite dish antennas are permitted in any industrial district. All installations shall comply with the principal building setback requirements within the district. In industrial districts abutting or across the street from a residential district, satellite dish antennas must also comply with the requirements of the multifamily district.

(Code 1960, § 32-33(g); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

Signage of any type is prohibited on satellite dish antennas.

(Code 1960, § 32-33(h); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

All existing satellite dish antennas will not be required to conform to the setback requirements of this subdivision; however, these satellite dish antennas must have a building permit to ensure compliance with the South Florida Building Code.

(Code 1960, § 32-33(i); Ord. No. 90-120, § 1, 9-11-1990; Ord. No. 94-20, § 1, 3-8-1994)

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

Premises means a residential dwelling unit, industrial bay in possession or occupied by one tenant or owner, or a storefront, commercial or office space in possession or occupied by one tenant or owner.

Radio antennas include poles, supporting cables, masts and towers and the term is limited to antennas used in the operation of a radio station licensed by the Federal Communications Commission for transmitting and/or receiving on radio bands.

(Code 1960, § 32-33.1(b); Ord. No. 95-50, § 1, 8-8-1995)

Cross reference— Definitions generally, § 1-2.

Radio antennas, including poles, supporting cables, masts and towers for supporting antennas, restricted to use in the operation of a radio station licensed by the Federal Communications Commission for transmitting and/or receiving on radio bands, may be approved in all zoning districts or areas subject to the regulations and restrictions set forth in this subdivision.

(Code 1960, § 32-33.1(a); Ord. No. 95-50, § 1, 8-8-1995)

Radio antennas shall be located in the rear of the property or in the interior side yards. Radio antennas may be permitted on the roof of a building. Radio antennas shall not be permitted in front yards, except that on corner lots, radio antennas must be located behind the front building line, if extended.

(Code 1960, § 32-33.1(c); Ord. No. 95-50, § 1, 8-8-1995)

Radio antennas shall not be located within a three-foot perimeter rear and side setback; provided, however, such antennas, including the beam elements or any part thereof, shall not encroach upon adjoining properties and shall comply with all distance and clearance requirements from power lines provided in the South Florida Building Code, as amended, and the National Electrical Safety Code, as amended.

(Code 1960, § 32-33.1(d); Ord. No. 95-50, § 1, 8-8-1995)

Only one radio antenna tower shall be allowed on each premises or property. Areas having a land use classification of high density and government administration buildings or government communication centers are exempt from this limitation.

(Code 1960, § 32-33.1(e); Ord. No. 95-50, § 1, 8-8-1995)

(a)

Required. Permits shall be required for installation of a radio antenna involving any poles, masts or towers over 20 feet above the roof of any structure to which they may be attached, and for any installation over 50 feet in height when erected on natural ground. In computing the height of a radio antenna installation, the top section of the tower, when fully extended, shall be considered the top for purposes of this section. Where permits are required, the permits shall be obtained from the department of planning and development.

(b)

Applications. The application for a permit shall be accompanied by a permit fee in the amount of $96.00 and two copies of plans and specifications showing all dimensions; size and kind of members, footings and guy wires, if any; locations, depth and type of guy anchors and footings, if any; and showing the type and weight of antenna, apparatus or structure to be attached to or supported by the structure and such other requirements as determined by the building official.

(c)

Approval. Permits shall be reviewed by the planning and development department. The permit shall be approved by the building official in accordance with the regulations and restrictions contained in this subdivision. However, the building official may deny a permit or impose conditions on the use of a radio antenna, based on the height of an antenna, if the health, safety or aesthetic considerations are weighed against the reasonable accommodation of amateur communications.

(d)

Appeal.

(1)

If a permit is denied by the building official for noncompliance with the zoning regulations provided in sections 98-2323, 98-2324 and 98-2325, the applicant may appeal the decision to the planning and zoning board which shall then consider the permit application at a public meeting and recommend to the city council to uphold or overrule the denial of the permit. The city council shall make the final decision, by resolution.

(2)

If a permit is denied or if conditions are imposed, based on excessive height, the city council shall consider the action taken upon review of the following factors:

a.

The technical and practical necessity for the height of the radio antenna tower; and

b.

Alternative measures or modifications that could be made to preserve the character of the neighborhood and to prevent aesthetic blight if installation were permitted.

(3)

If a permit is denied by the building official or the building official imposes conditions upon its use for reasons other than noncompliance with zoning regulations and other than as provided in subsection (d)(2) of this section, the applicant may appeal the decision directly to the city council, who shall make the final decision by resolution.

(e)

Suspension and revocation. A permit shall be revoked for such activities permitted by the Federal Communications Commission license if the license granted by the Federal Communications Commission has been revoked by the Federal Communications Commission. If a permit holder is not regulated by the Federal Communications Commission, the city may revoke or suspend the city permit if the transmitting and/or receiving equipment of the permit holder causes unreasonable interference with the normal reception of televisions, radios, stereos or telephones within a 500-foot radius of the site where the equipment is located.

(Code 1960, § 32-33.1(f); Ord. No. 95-50, § 1, 8-8-1995; Ord. No. 99-71, § 2(32-33.1), 5-25-1999)

(a)

The installation or modification of a radio antenna tower shall be in accordance with the manufacturer's prescribed installation and safety procedures and shall meet the requirements of the South Florida Building Code, as amended.

(b)

Foundations for amateur radio antenna towers and the antenna tower and appurtenances thereto shall be constructed and installed so as to withstand the forces due to wind pressure as provided in the South Florida Building Code, as amended.

(c)

All such installation shall conform to the South Florida Building Code, as amended, National Electrical Code, as amended, and Federal Communications Commission regulations, as amended.

(d)

Regardless of whether a permit is required for the installation of a radio antenna as provided in section 98-2325, separate building permits for structural or electrical work, pouring concrete or other work may be required as provided in the South Florida Building Code, as amended.

(Code 1960, § 32-33.1(g); Ord. No. 95-50, § 1, 8-8-1995)

If permits have been issued in connection with the installation of a radio antenna as required by the South Florida Building Code prior to the effective date of the ordinance from which this section derives, the permit holder shall not be required to obtain a city permit pursuant to subsection 98-2326(b).

(Code 1960, § 32-33.1(h); Ord. No. 95-50, § 1, 8-8-1995)

Any deviation of the location, setback, number and height limitations as provided in sections 98-2323, 98-2324, 98-2325 and 98-2328 shall require a zoning variance.

(Code 1960, § 32-33.1(i); Ord. No. 95-50, § 1, 8-8-1995)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

Enhance the ability of the providers of telecommunications 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, zoning map, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of telecommunications towers and antennas.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(b)

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

Accessory use means a secondary use including a use that is not related to, incidental to, is subordinate to and subservient to the main use of the property on which an antenna and/or telecommunications tower is sited.

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

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

Application means any proposal, submission or request to construct, operate, or maintain a telecommunications tower or antenna within the city or seeks any other relief from the city pursuant to this subdivision.

Array means a group of up to 12 antennas that are either: (1) Mounted or side-mounted on the rooftop of a building or rooftop structure(s); or (2) Directly or indirectly mounted on a telecommunications tower.

Backhaul network means the lines that connect personal wireless service facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

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

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

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

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

City means Hialeah, Florida, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.

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

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

Essential services means those services provided by the city and other governmental entities that directly relate to the health and safety of its residents, including all wireless communications through the city's network to and from police, fire and other emergency services operating within the city.

Existing structure means a structure that exists at the time an application for permission to place an antenna on a structure is filed with the city. This term includes any structure that is not in the public rights-of-way that can structurally support the attachment of an antenna in compliance with applicable codes.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Geographic search area means the geographic area in which a wireless communications facility must be located in order to provide required coverage or capacity as certified through an affidavit by a radio frequency engineer. The geographic search area will vary depending on the type of wireless communications facility to be installed by the service provider.

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

Height means the distance measured from the ground level to the highest point of a telecommunications tower or other structure. For the purposes of measuring height, the base pad and all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall height. Height does not include lighting rods.

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

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

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

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

Pre-existing telecommunications tower means an existing telecommunications tower for which a building permit has been properly issued and constructed prior to the effective date of this subdivision.

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

Self-support tower. See "lattice tower".

Service provider means any person or business entity wishing to locate a telecommunications tower or antenna within the city limits to provide wireless services.

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

Telecommunications information packet means a packet provided by the city, which contains questions regarding an applicant's proposed siting and installations of telecommunications towers and antennas in the city.

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

Telecommunications tower or tower means any structure, and support thereto, which is greater than 55 feet in height, that is designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving wireless services, telephone, radio and similar communication purposes, including alternative tower structure, lattice, camouflaged, monopole, and guyed towers. The term "telecommunications tower" or "tower" includes radio and television transmission telecommunications towers, microwave telecommunications towers, common-carrier telecommunications towers, and cellular telephone telecommunications towers, among others. Poles are not a telecommunications tower.

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

Wireless communications facility means any equipment or facility used to provide personal wireless service and may include, but is not limited to, antennas, towers, equipment facility, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. Poles are only a support structure and are not a wireless communications facility. An open video system is not a wireless communications facility to the extent that it provides video services; a cable system is not a wireless communications facility to the extent that it provides cable service.

Wireless services means commercial mobile radio service as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time two-way wire communication device, including radio-telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored-voice services on an interconnected basis; providers of air-to-ground services; or public coast stations. Wireless services shall not be considered as essential services, public or private utilities.

(Ord. No. 2017-036, § 3, 6-27-2017)

These regulations and requirements establish general guidelines for the siting of wireless telecommunications towers and antennas and are applicable as follows:

(1)

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

(2)

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

(3)

This subdivision shall not specifically govern any broadcasting facility or a wireless communications facility owned and operated by a federally licensed amateur radio station operator or used exclusively for receive only antennas, provided by applicable law;

(4)

This subdivision shall apply to applications for wireless communications facilities, telecommunications towers, and antennas as defined herein unless prohibited by applicable law;

(5)

The providing of wireless services and the siting and construction of wireless communications facilities shall be regulated and permitted pursuant to this subdivision and shall not be regulated or permitted as essential services as defined herein;

(6)

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

(7)

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

(8)

The city may create an application form, as may be amended from time to time, for a person to apply for the construction, installation, or placement of a wireless communications facility, telecommunications tower, or antenna within the city consistent with the terms of this subdivision. The city may create a different application form for collocation applications.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

The following information must be included in all applications, including applications for installations of telecommunications towers and antennas, but excluding collocation applications:

(1)

Current survey of the property;

(2)

Description of the telecommunications services currently provided and/or to be provided in the future by the applicant over its wireless communications facilities;

(3)

Location of the proposed facilities;

(4)

Identify the location of all overhead and underground public utilities, telecommunications cable, water, sewer, drainage and other facilities within the leased parcel and the 50 feet which surrounds the leased parcel;

(5)

Identify the trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate;

(6)

Identify all applicable FCC licenses and approvals;

(7)

Statement that the applicant shall notify all other telecommunication providers of the permit application at time application is accepted by the planning and zoning division;

(8)

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

(i)

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

1.

A tax parcel number, legal description of the parent tract and leased parcel, total acres, and section/township/range of the subject property;

2.

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

3.

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

4.

All existing vegetation, by mass or individually by diameter, measured four feet from the ground of each stand-alone tree on the leased parcel and within an area of 50 feet surrounding the leased parcel;

5.

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

6.

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

7.

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

8.

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

9.

If applicable, on-site and adjacent land uses;

(9)

The type of telecommunications tower and specific design information shall be provided for the antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any. The following specific information shall be provided:

(i)

Equipment brochures for the proposed tower, such as manufacturers' specifications or trade journal reprints;

(ii)

Description of materials of the proposed tower specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, colors, etc.);

(iii)

Dimensions of the tower specified for all directions including, but not limited to, height and width; and

(iv)

A visual impact analysis with a minimum of two photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including the antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth as well as at a distance of 250 feet and 500 feet from all properties within that range or at other points agreed upon in a pre-application conference;

(10)

A structural engineer shall certify the design for that tower is inclusive of a design for future collocations. No telecommunications tower shall be permitted to exceed its wind loading capacity as provided for by the Florida building code;

(11)

An affidavit from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and with experience with radio frequency and wireless communications facilities stating that the proposed telecommunications tower, including reception and transmission functions, is not expected to interfere with or obstruct transmission to and from essential services and will not interfere with the visual and customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties;

(12)

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

(13)

A signed and notarized letter from the property owner authorizing the placement of applicant's wireless communications facility;

(14)

Additional information that the city may request consistent with this code and applicable law to process the application;

(b)

An accessory use of an existing structure on the same lot shall not preclude the installation of an antenna or telecommunications tower on such lot;

(c)

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;

(d)

Each applicant shall provide the city with an inventory of pre-existing telecommunications towers within the Geographic Search Area associated with the proposed site of a new telecommunications tower;

(e)

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 towers or existing structures can accommodate or be modified to accommodate the applicants proposed telecommunications facilities. Evidence submitted to demonstrate that no pre-existing tower or existing structure is suitable may consist of an affidavit from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and with experience with radio frequency and wireless communications facilities, determining or demonstrating the following:

(1)

That pre-existing towers or existing structures located within the geographic search area 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)

That pre-existing or existing structures are not of sufficient height to meet applicable FCC requirements or engineering requirements of the applicant;

(3)

That pre-existing towers or existing structures do not have sufficient structural strength to support applicants proposed antenna and related equipment;

(4)

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

(5)

That the applicant's proposed antenna on a pre-existing tower or existing structure would not cause interference with essential services and provide such location in its application;

(6)

That the applicant made diligent efforts but was unable to obtain permission to install or collocate the applicant's wireless communications facilities on pre-existing towers or usable antenna support within the geographic search area from the proposed site;

(7)

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

(f)

The city shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The consultant fee shall be based upon the hourly rate of the independent technical consultant or expert the city deems necessary to properly evaluate an application for a tower. The fee shall be applied to those applications requiring special review or evaluation. The fee shall be reimbursed by the applicant to the city;

(g)

If the applicant seeks relief from any regulation contained herein, the applicant must provide the nature of the specific relief sought and the engineering justification to demonstrate that, without such relief, applicability of the regulation would have the effect of prohibiting the provision of wireless services.

(Ord. No. 2017-036, § 3, 6-27-2017)

The following information must be included in all collocation applications:

(a)

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

(1)

A statement of compliance with this subdivision and all applicable building codes, associated regulations and safety standards as provided herein. The statement shall include certification that the existing structure or telecommunications tower can support the load of the proposed antennas;

(2)

The type of antenna and specific design information shall be provided for all antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any. The following specific information shall be provided:

(i)

Equipment brochures for the proposed antenna, such as manufacturer's specifications or trade journal reprints;

(ii)

Description of materials of the proposed antenna specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, colors, etc.);

(iii)

Dimensions of the proposed antenna specified for all three directions: height, width and breadth;

(iv)

A structural engineer shall certify the wind-loading capacity is designed for that is inclusive of a design for future collocations No telecommunications tower shall be permitted to exceed its wind loading capacity as provided for by the state building code;

(v)

A certification that the proposed antenna, including reception and transmission functions, is not expected to interfere with or obstruct transmission to and from essential services or any other telecommunications services; and

(vi)

A description of geographical service area requirements.

(b)

Consent by land owner; and

(c)

Each applicant shall complete and submit the city's telecommunications information packet; and

(d)

Additional information that the city may request consistent with this subdivision and applicable law to process the application.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

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

(b)

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

(c)

No lease granted pursuant to this subdivision 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.

(d)

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

(e)

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

(f)

City-owned property, not the public rights-of-way, is exempt from the minimum distance separation and height requirements set forth herein.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

Filing fee. All applications shall be accompanied by the applicable nonrefundable filing fee as follows:

(1)

Telecommunications tower—$3,000.00.

(2)

Initial antennas—$2,500.00.

(3)

Modification of a telecommunications tower or antenna—$1,500.00.

(4)

Collocation antenna—Current building permit fee.

(5)

Inspection—$1,500.00.

(6)

Pre-application conference—$500.00.

(7)

Entry and testing agreement—$1,500.00.

(b)

Cost recovery. The purpose of the filing fee is to defray the city's costs in processing the application. All reasonable expenses incurred by the city in considering and processing the application including, but not limited to, consulting and legal costs, shall be off-set from the filing fee. If, however, the expenses exceed the amount of the filing fee, to the extent not prohibited by applicable law, the applicant shall pay the difference within 30 days of the date it receives notice of such additional expenses. If the additional fees are not received by the city within 30 days of the date of notice, the city shall notify such applicant and the applicant shall pay an additional late fee at the rate of 12 percent per annum of the amount unpaid or underpaid. If the city does not receive said fee in total within 60 days of the date of notice, the city shall notify the applicant in writing and may revoke any approval.

(c)

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

(d)

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

(e)

With the exception of collocation applications, the planning and zoning division shall review the new telecommunications tower, and antenna applications for consistency with the city's land development regulations including this subdivision, and compatibility of the proposed telecommunications tower and antenna with the surrounding neighborhood. For applications that are not subject to the city council's approval pursuant to this chapter, the planning and zoning division shall issue a written decision either granting or denying an application. The planning and zoning division shall not grant an application for a proposed wireless communications facility that will interfere with any essential services, or is otherwise not in compliance with this subdivision. In the event the planning and zoning division denies an application, the planning and zoning division shall set forth the reasons for denial in writing.

(f)

Notification of completeness. The planning and zoning division shall notify the applicant within 20 business days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed.

(g)

After the planning and zoning division has determined that the application is ready to be processed, with the exception of a collocation application, the application shall be forwarded to the appropriate staff, and the design review committee pursuant to the requirements of this division, in accordance with applicable law.

(h)

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

(h)

It is the intent of this section to establish a procedure for compliance with the "written decision" and "substantial evidence" requirements of the Telecommunications Act, 47 U.S.C. § 332(c)(7)(B)(iii).

(i)

The city shall grant or deny each properly completed application for a collocation based on the application's compliance with this chapter, City Code and any other applicable regulations, and within the normal timeframe for a similar building permit review but in no case later than 45 business days after the date the application is determined to be properly completed. This timeframe may be extended when the application involves lease negotiations for collocation on city-owned property.

(j)

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

(k)

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

(l)

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

(m)

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

(n)

The city may enter into an entry and testing agreement with the wireless communications facility owner, applicant and/or operator to determine the viability and feasibility of the site for placement of wireless telecommunications towers and antennas, in a form approved by the city attorney, without approval of the city council.

(o)

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

(p)

Appeal. If an application is denied by the planning and zoning division for noncompliance with the requirements of this subdivision then the applicant may appeal this decision to the city council in accordance with the timeframes and procedures specified herein. Any decision appealed from the city council may be appealed in accordance with applicable law.

(q)

If an application is denied by the planning and zoning official for noncompliance with the requirements of this subdivision then the applicant may appeal this decision to the city council within 30 days after receiving the written decision. The city council, after a public hearing, shall make the final decision by resolution.

(r)

If a permit is denied, or conditions imposed, then the city council shall consider the action taken upon review of the following factors:

(1)

The technical and practical necessity for the installation of the telecommunications tower or wireless communications facility.

(2)

Alternative measures of modifications that could be made to preserve the character of the neighborhood and to prevent aesthetic blight if installation were permitted.

(s)

If an application is denied by the planning and zoning division for reasons other than non-compliance with this subdivision, excluding the Florida Building Code, then the applicant may appeal the decision directly to the city council, which shall, by resolution, make the final decision within 45 days of the denial.

(t)

If the city council ultimately denies the application, the city council's resolution ordering the denial shall incorporate the application, the minutes of public meetings, along with written findings to the city staff, the planning and zoning division, and/or the city council explaining the basis for the denial.

(u)

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

(v)

Nonconforming towers. A nonconforming telecommunications tower may remain on the site where it was originally approved provided that it is able to accommodate the minimum number of different users established by the collocation requirements required in this subdivision. Such nonconforming towers may be reconstructed to accommodate collocations provided that the degree of nonconformity with regard to location and setback, is not increased by the reconstruction. Notwithstanding the foregoing, in the event that a nonconforming tower is reconstructed to accommodate collocations, the location of the replacement tower may be placed up to ten feet from the existing nonconforming tower location within the boundaries of the same parent tract, subject to administrative approval by the planning and zoning division, and such relocation shall not be deemed to constitute an increase to an existing nonconformity with regard to location, setback and minimum distance separation requirements between towers.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

It is the intent of the city to encourage collocation of antennas on existing structures, pre-existing towers and nonconforming towers. Except as provided herein, all towers shall have the capacity to permit multiple users. At a minimum, all towers shall be able to accommodate two collocations.

(b)

To encourage such collocation, the building department may approve an application submitted to collocate antennas on an existing structure or a pre-existing tower consistent with this subdivision. The specific collocation applications indicated in the subsections below shall be subject to approval or denial by the building department. All other applications shall be subject to approval or denial by the planning and zoning division and/or city council.

(c)

Any antenna and related equipment to service the antenna that is being collocated on an aboveground existing structure or pre-existing tower is not subject to other land development regulations of this chapter if the following criteria are met:

(1)

The existing structure already contains an established antenna and related equipment and collocation of an antenna increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

(2)

An existing tower, including a nonconforming tower, may be structurally modified in order to permit collocation or may be replaced through no more than administrative review and building permit review, if the overall height of the tower is not increased and, if a replacement, the replacement tower is a monopole tower or, if the existing tower is a camouflaged tower, the replacement tower is a like-camouflaged tower. This subparagraph shall not preclude a public hearing for any appeal of the decision on the application.

(3)

Notwithstanding the exemption provided for in this section, construction of the antenna and related equipment is subject to review by the planning and zoning division and any other city department or agency for compliance with the city's design standards; life safety codes, including, but not limited to, building codes; and conditions or requirements in any existing permits, agreements, or approvals. Moreover, this section shall not relieve the permit holder for or owner of the existing structure or property of compliance with any applicable condition or requirement of a permit, agreement, or land development regulation, including, but not limited to, any aesthetic requirements, or law.

(d)

Collocation applications requiring only building permit approval.

(1)

Collocations on towers, including nonconforming towers, are subject to only building permit review, which may include a review for compliance with this subdivision, if they meet the following requirements:

(i)

The collocation does not increase the height more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;

(ii)

The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment facilities and ancillary facilities, except as allowed under this subdivision; and

(iii)

The collocation consists of antennas, equipment facilities, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment facilities and ancillary facilities and, if applicable, applied to the tower supporting the antennas. Such regulations may include the design and aesthetic requirements, but not procedural requirements, other than those authorized by this section, of the applicable land development regulations in effect at the time the initial antennas placement was approved.

(2)

Such collocations are not subject to any design or placement requirements of land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. Such collocation applications shall be decided by the planning and zoning division.

(e)

Other collocation applications requiring only building permit approval.

(f)

Except for a historic building, structure, site, object, or district, the following tower collocation applications on all other existing structures shall also be subject to no more than a building permit approval if they meet the following requirements:

(1)

The collocation does not increase the height;

(2)

The collocation does not increase the ground space area, otherwise known as the compound, if any, approved in the site plan for equipment enclosures and ancillary facilities;

(3)

The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements, other than those authorized by this section at the time of the collocation application; and

(4)

The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with this section and were applied to the initial antennas placed on the structure and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas.

(g)

If only a portion of the collocation does not meet the requirements of any of the above subsections, such as an increase above the permitted height, or a proposal to expand the ground space approved in the site plan for the equipment enclosure, where all other portions of the collocation meet the requirements of this subsection, that portion of the collocation only may be reviewed by the planning and zoning division. A collocation proposal under this subsection that increases the ground space area, otherwise known as the compound, approved in the original site plan for equipment facilities and ancillary facilities by 400 or more square feet or 50 percent or more of the original compound size, whichever is greater, shall require approval of a building permit.

(h)

Any replacement of or modification to a wireless communications facility, except a tower, that results in a wireless communications facility not readily discernibly different in size, type, and appearance when viewed from ground level from surrounding properties, and the replacement or modification of equipment that is not visible from surrounding properties, all as reasonably determined by the city, shall require building permit approval.

(i)

The owner of the pre-existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of other provisions of these land development regulations to which the pre-existing tower must comply, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this section.

(Ord. No. 2017-036, § 3, 6-27-2017)

To the extent not inconsistent with applicable federal law and FCC regulations, all providers of wireless services and all owners and/or operators of wireless communications facilities, towers and antennas shall comply with the following:

(a)

The owner and/or operator of a wireless communications facility, tower or antenna shall take reasonable precautions to avoid causing harmful interference with essential services. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference with essential services.

(b)

If the planning and zoning official, in consultation with the telecommunications manager, other appropriate staff and technical consultant, as necessary, determines that any interference with essential services in the city requires further consideration, the mayor shall review all necessary data or information and the owner and/or operator shall be notified the review. The mayor may take action as it deems necessary, in accordance with applicable law.

(c)

To the extent not inconsistent with applicable law, if a provider of wireless services or the owner or operator of a wireless communications facility, tower or antenna refuses to stop any interference with essential services in the city, the city may file a complaint with the FCC for resolution and/or seek an injunction against it pursuant to F.S. § 843.025 that makes it unlawful for any person to deprive a law enforcement officer of his radio or to otherwise deprive the officer of the means to summon assistance, or pursue any other remedy authorized by applicable law.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

The standards listed in this subdivision apply specifically to all antennas, towers and wireless communications facilities, except those specifically constructed for essential services, located on property owned, leased, or otherwise controlled and approved by the city, except in the public rights-of-way, or as otherwise specified herein. The city reserves the right to modify or waive the requirements for use on public property. The city shall not be required to provide access to city property.

(b)

The construction, maintenance, operation and repair of wireless communications facilities are subject to the regulatory supervision of the city to the full extent permitted by applicable law, and shall be performed in compliance with all laws, ordinances and practices affecting such facility, including, but not limited to, zoning codes, building codes, and safety codes, and as provided in this subdivision. The construction, maintenance, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association.

(c)

All telecommunication towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas prior to issuance of a building permit by the city. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas governed by this subdivision shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications tower, antenna or wireless communications facility at the owner's expense.

(d)

To ensure the structural integrity of telecommunications towers installed, the owner shall construct and maintain telecommunications towers 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 licensed engineer certifying compliance with this section upon completion of construction and/or subsequent modification. Where an existing structure, including poles, is requested as a camouflaged facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this subdivision and all other applicable standards as may be amended from time to time. Following the issuance of a building permit, the city shall require an analysis of the ground from the base of the telecommunications tower site to determine whether construction is feasible.

(e)

Upon coordination with owner and at the owner's expense, the city reserves the right to conduct periodic inspections of wireless communications facilities, towers, and antennas, to ensure structural and electrical integrity and compliance with this subdivision. The owner of the wireless communications facilities, towers, or antennas may be required by the city to have more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the wireless communications facility, tower, or antenna is jeopardized. There shall be a maximum of one inspection per year unless emergency or extraordinary conditions warrant additional inspections. The owner of a wireless communications facility, tower or antenna may be required by the city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. If, upon inspection, the city concludes that a wireless communications facility, tower, or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner, the owner shall commence work within 30 days to bring such wireless communications facility, tower, or antenna into compliance with such standards. Failure to bring such wireless communications facility into compliance within 60 days of notice shall constitute grounds for requiring the removal of the facility at the owner's expense. The city reserves the right to require additional inspections if there is evidence that a tower or a wireless communications facility has a safety problem or is exposed to extraordinary conditions. During the inspection, the building division will ensure structural and electrical integrity and compliance with the state building code, as amended, the code of the city, as amended, and other applicable codes and regulations. Additionally, towers shall be inspected once every five years by a state licensed engineer, at the tower owner's expense, and the results submitted to the planning and zoning division. Tower owners shall also submit a report to the city certifying structural and electrical integrity every two years. The report shall be accompanied by a non-refundable fee of $250.00 to reimburse the city for the cost of review. Based upon the results of the inspection, the telecommunications manager may require repair or removal of a wireless communications facility or tower.

(f)

The city prohibits the placement of a telecommunications tower and antennas in a residential area or residential zoning district unless the applicant demonstrates to the satisfaction of the city that it cannot reasonably provide its personal wireless service to the residential area or zone from outside the residential area or zone. In such a case, the city and the applicant shall cooperate to determine an appropriate location for an antenna of an appropriate design within the residential area or zone. The applicant shall reimburse any and all reasonable costs and expenses incurred by the city for this cooperative determination, including attorney's fees. Such application for cooperation shall be accompanied by an application fee in the same amount as for a new tower. The cooperation application shall not be subject to the timeframes contained in this code for granting and denying applications.

(g)

Wireless communications facilities shall be permitted in the following preferred zoning districts and siting alternatives hierarchies:

(1)

City-owned property, regardless of zoning district, is the first priority for siting of wireless communications facilities. The preferred zoning districts order of ranking is from highest (i) to lowest (vii). Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available.

(i)

City-owned property;

(ii)

M-3;

(iii)

M-2;

(iv)

C-3;

(vi)

C-2;

(vii)

M-1; and

(viii)

Any other zoning district approved by the city's design review committee in accordance with section.

(2)

The order of ranking for siting alternatives is from highest (i) to lowest (vii) as referenced below. Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are available.

(i)

Collocation on existing camouflaged tower on city-owned property in a preferred zoning district.

(ii)

Collocation on existing telecommunications tower on city-owned property in a preferred zoning district.

(iii)

Collocation on existing structures on city-owned property in a preferred zoning district.

(iv)

Collocation on existing telecommunications tower in a preferred zoning district.

(v)

Attachment of initial antenna on an existing structure in a preferred zoning district.

(vi)

New camouflaged telecommunications tower in a preferred zoning district.

(vii)

New telecommunications tower in a preferred zoning district.

(3)

On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

Unmanned communication cabinets shall comply with the setback requirements of the zoning district where such cabinets are situated.

(b)

An unmanned communication cabinet that is not in the public rights-of-way shall be a permanent structure not to exceed 250 square feet in floor area. More than one unmanned communication cabinet may be permitted on a site; provided, however, that the total square footage of such cabinets, added together, does not exceed 750 square feet. If the site contains more than one cabinet, the required distance separation between the cabinets may be excused.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

Except where a variance is granted, every telecommunications tower must meet the following minimum standards:

(1)

The height of a telecommunications tower shall not exceed 125 feet. Tower height shall be measured from the crown of the road of the nearest public street.

(2)

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

(3)

Depending on the height and location, telecommunication towers or antennas shall be approved by the FAA, Miami-Dade County Aviation Authority or other appropriate agency prior to issuance of a building permit by the city. Prior to the issuance of a building permit by the building division and/or planning and zoning division, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with FAA regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(4)

All proposed telecommunication towers shall comply with current radio frequency emissions standards of the FCC.

(5)

All telecommunication tower sites must comply with the landscaping requirements of the city in force at the time the application for a telecommunication tower site plan application is submitted to the city. An eight-foot fence or wall constructed in accordance with these land development regulations, as measured from the finished grade of the site, shall be required around the base of any tower and may be required around any accessory building or structures.

(6)

Landscaping, consistent with the requirements of these land development regulations, as amended, shall be installed around the entire perimeter of the fence or wall, encircling the leased premises on which said telecommunication tower shall be placed. Additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The planning and zoning division, upon site plan review, may require landscaping in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter wall.

(7)

Landscaping, consistent with the requirements of the City Code, as amended, shall be installed around any accessory buildings or structures. In addition to the city's landscaping requirements, at a minimum the following landscaping shall be provided:

(i)

A row of shade trees and/or bushes at least eight feet in height, at a maximum distance of ten feet apart, shall be planted around the perimeter of the fence;

(ii)

A continuous hedge at least 30 inches in height at planting that are capable of growing to a height of 36 inches within 18 months shall be planted on the outside of the perimeter of the fence and tree line;

(iii)

All landscaping shall be properly maintained to ensure good health and viability; and

(iv)

In locations where the impact of the wireless communications facility would be minimal, the planning and zoning division may waive or reduce the landscaping requirements.

(b)

Telecommunication towers shall only be located on leased premises on parent parcels larger than 2,000 square feet.

(c)

Warning signs for high voltage and trespassing.

(d)

No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of an antenna or tower. Any signs placed in violation of this section shall be removed immediately at the facility owner's expense.

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

The minimum setbacks shall conform to the zoning districts where the towers are situated. The planning and zoning division may administratively reduce the minimum setbacks required in the paragraph above, depending on the type of tower to be used (i.e., a monopole tower versus a guyed tower).

(k)

All telecommunication towers shall be located no closer than 100 percent of the height of the tower from residential areas or districts, as measured on a straight line from the two closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure.

(l)

The minimum distance separation between an existing tower and a proposed tower in the following zoning districts shall be:

(1)

City-owned property (½ mile);

(2)

M-3 (one mile);

(3)

M-2 (one mile);

(4)

C-3 (one mile);

(5)

C-2 (one mile);

(6)

M-1 (one mile); and

(7)

Any other zoning district shall be no less than one mile and approved by the city's design review committee in accordance with [this] section.

(8)

When a camouflaged facility or tower is proposed to be used by the applicant, or an existing tower or structure that serves another purpose, then in that event, the planning and zoning division may administratively approve a reduction to the minimum separation requirements by not greater than 50 percent of the minimum separation, providing that the proper landscaping and/or buffering is approved by the planning and zoning division.

(9)

Regardless of the zoning district, the minimum distance separation between all towers shall be no less than one-half mile.

(m)

All buildings and other structures to be located on the same property as a telecommunications tower shall conform to the setbacks established for the underlying zoning district.

(n)

Any requests which deviate from the aforementioned regulations shall be subject to a variance.

(o)

Removal of abandoned or unused facilities. A provider who has determined to discontinue its operations or part of its operations in the city must either:

(1)

Remove its own facilities;

(2)

Provide information satisfactory to the planning and zoning division that the provider's obligations for its equipment on city-owned or private property under this subdivision have been lawfully assumed by another provider; or

(3)

Submit to the planning and zoning division a proposal and instruments for transferring ownership of its equipment from the provider to the city. If a provider proceeds under this clause, the city may, at its option:

(i)

Assume ownership of the equipment with a $10.00 nominal consideration;

(ii)

Require the provider, at its own expense, to remove it; or

(iii)

Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding paragraph and which, for 12 months, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to:

1.

Abating the nuisance;

2.

Taking possession of the equipment and restoring it to a useable condition; or

3.

Requiring removal of the equipment by the provider or by the provider's surety under the bond required by this subdivision.

4.

Telecommunication towers being utilized for other purposes, including, but not limited to, light standards and power poles, may be exempt from this provision.

(p)

The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc., shall be strictly prohibited.

(q)

All accessory buildings or structures shall meet all building design standards as listed in these land development regulations, and in accordance with the provisions of the state building code. All accessory buildings or structures shall require a building permit issued by the building division and/or planning and zoning division.

(r)

Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over such facilities, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray, earth tones of appropriate shades of green, or such other colors as determined to be appropriate for each site by the planning and zoning division.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

Antennas mounted on rooftops or buildings shall be permitted as an accessory use in all preferred zoning districts subject to the procedure and requirements provided elsewhere in this subdivision, as follows:

(1)

No commercial advertising shall be allowed on an antenna;

(2)

No signals, lights, or illumination shall be permitted on an antenna, unless required by the FCC or the FAA;

(3)

Any related unmanned communication cabinets shall not contain more than 250 square feet of gross floor area or be more than ten feet in height;

(4)

If the communication cabinet is located on the roof of the building, the area of the cabinet shall not occupy more than 25 percent of the roof area;

(5)

Antennas, and related communication cabinets, shall be set back a minimum of the height of the Antennas and related communications cabinets from the edge of the building it is set on or rooftop unless they are camouflaged or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated; and

(6)

Antennas shall only be permitted on buildings which are at least 50 feet tall they are camouflaged or screened to minimize the visual impact of the antenna. Antennas may be placed on buildings less than 50 feet tall if the planning and zoning division determines that essential services' needs warrant the antenna.

(b)

Building rooftop camouflaged antennas may not extend more than 20 feet above highest point of a roof. Camouflaged antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed 20 feet above the roof if the planning and zoning division determines that essential services' needs warrant additional height.

(c)

Building rooftop non-stealth antennas may not extend more than ten feet above highest point of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed 20 feet above the roof if the planning and zoning division determines that essential services' needs warrant additional height.

(d)

To minimize adverse visual impacts, camouflaged antenna types shall be preferred. If a noncamouflaged antenna is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the planning and zoning division, why the camouflaged antenna (i.e., an antenna incorporated into the architecture of the building or fully screened from view from sight proximate to the antenna) cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

(e)

Antenna dimensions shall be reviewed by the planning and zoning division as required by existing technology. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, and competent to evaluate antenna choices, to certify the need for the required dimensions.

(f)

Whip (omni-directional) antennas and their supports must not exceed 15 feet in height and three inches in diameter and must be constructed of a material or color which matches the exterior of the building.

(g)

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

(h)

No more than five dish antennas shall be installed on a monopole tower.

(i)

Prior to the issuance of a building permit by the building division and/or planning and zoning division, the applicant shall provide evidence that the telecommunications towers or antennas are in compliance with FAA and Miami-Dade County Aviation Authority regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(j)

The location of a new antenna in any zoning district other than the preferred zoning districts specified in this subdivision shall be prohibited unless approved as a conditional use at a public hearing by the city council.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

No telecommunications towers may be installed or placed in public right-of-way.

(b)

Applications for placement of antennas and its associated equipment facilities in the public rights-of-way must be submitted in accordance with the city's communications services regulations ordinance.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

A telecommunications tower that is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same telecommunications tower type as the existing tower, unless the city allows reconstruction as a monopole pursuant to this section.

(b)

An existing telecommunications tower may be modified or rebuilt to a taller height to accommodate an additional antenna. Such modification or rebuild of the tower shall require the approval of the planning and zoning division. The new height shall comply with the requirements of this subdivision.

(c)

A telecommunications tower that is being rebuilt to accommodate a collocation and which requires movement on-site from its existing location shall require planning and zoning division approval. After the telecommunications tower is rebuilt to accommodate a collocation, only one telecommunications tower may remain on the site. A relocated on-site telecommunications tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to this section. The relocation of a telecommunications tower pursuant to this section shall not be deemed to cause a violation of the separation requirements contained herein.

(d)

The replacement of or modification to a wireless communications facility, except a tower, that results in a wireless communications facility not readily discernibly different in size, type, and appearance when viewed from ground level from surrounding properties, and the replacement or modification of equipment that is not visible from surrounding properties, all as reasonably determined by the city, are subject to no more than applicable building permit review. All other modifications shall require approval by the planning and zoning division.

(e)

A pre-existing tower, including a nonconforming tower, may be structurally modified to permit collocation or may be replaced through no more than an administrative review and building permit review, and is not subject to a public hearing, provided the overall height of the tower is not increased. In the case of a replacement where the replacement tower is a monopole tower or, if the pre-existing tower is a camouflaged tower, the replacement tower shall be a camouflaged tower.

(f)

Legal nonconforming telecommunications towers or antennas that are damaged or destroyed may be rebuilt subject to this subdivision. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the telecommunications tower or antenna shall be deemed abandoned as specified in this subdivision.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

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 wireless communications 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 each wireless communications 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 year following the termination of the party's agreement as to the party's responsibility to indemnify.

(4)

In no event shall the city indemnify a service provider and/or the owner or operator of a wireless communications facility.

(b)

The city shall not grant or approve an application for the installation of a tower, antenna and/or wireless communications facility and shall not enter into any lease agreement for city-owned property until and unless the city obtains assurance that such applicant or lessee (and those acting on its behalf) have adequate insurance. At a minimum, the following requirements must be satisfied:

(1)

A wireless communications facility owner shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of the amount and limits of such insurance by the risk management department and the planning and zoning division, nor shall a wireless communications 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 wireless communications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved.

(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. An applicant must obtain insurance from an insurance provider authorized to do business in the state of Florida.

(3)

These certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least 30 days prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the state. The city may amend its requirements pertaining to insurance from time to time and may require additional provisions pertaining to such insurance in a lease.

(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 wireless communications facility operator shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof of equal and like coverage for the balance of the period.

(c)

A wireless communications facility operator and its contractors or subcontractors engaged in work on the operator's behalf shall maintain adequate insurance to cover liability, bodily injury and property damage in the 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 wireless communications facility. Coverage shall be written on an occurrence basis. Certificates of insurance reflecting evidence of the required insurance shall be filed with the city.

(d)

Prior to any construction, every service provider, whether on public or private property within the city, shall establish a cash security fund, or provide the city with an irrevocable letter of credit subject to the city attorney's approval, in the amount specified in an agreement, permit, or other authorization as necessary to ensure the provider's faithful performance of construction and compliance with this subdivision. The minimum amount of the security fund for each telecommunications tower shall be $25,000.00 and the minimum amount for each antenna shall be $5,000.00.

(e)

In the alternative, at the city's discretion, a service provider may, in lieu of a cash security fund or letter of credit, file and maintain with the city a bond in the same amounts as required in subsection (d) of this section. The provider and the surety shall be jointly and severally liable under the terms of the bond. The bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the city attorney; and shall provide that "This bond may not be canceled, or allowed to lapse, until 60 days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

(f)

The rights reserved by the city with respect to any security fund or bond established pursuant to this section are in addition to all other rights and remedies the city may have under this subdivision, a lease, or at law or equity.

(g)

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

(h)

In addition to revoking any permit or license for violation of this subdivision, the city may enforce this subdivision pursuant to the Local Government Code Enforcement Act, F.S. ch. 162, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.

(Ord. No. 2017-036, § 3, 6-27-2017)

(a)

The city reserves the right to amend this subdivision as it shall find necessary in the lawful exercise of its police powers.

(b)

This subdivision shall be applicable to all telecommunications towers and antennas placed or applied to be placed in the city on or after the effective date of this subdivision from which this subdivision is derived and shall apply to all existing telecommunications towers and antennas placed in the city prior to the effective date of the ordinance from which this subdivision is derived, to the full extent permitted by state and federal law.

(Ord. No. 2017-036, § 3, 6-27-2017)