(a)

Temporary construction trailers used in accordance with an approved regulatory permit shall be allowed, upon receipt of an administrative permit as described in subsection (d)(1), and shall be removed immediately upon completion of the project.

(b)

Temporary residences used on construction sites of nonresidential premises, and temporary residences to be occupied pending the construction, repair or renovation of the permanent residential building on a site shall be permitted with a special exception permit as outlined in subsection (d)(2) and shall be removed immediately upon completion of the project.

(c)

A temporary sales office or other business facility may be permitted with a special exception permit as outlined in subsection (d)(2).

(d)

Permits for temporary construction trailers, residences and sales offices shall be issued as follows:

(1)

The administrator shall issue an administrative permit for the parking and use of temporary construction trailers for storage or office use under the following conditions:

a.

A regulatory permit has been issued for the proposed construction.

b.

The trailer is located within the project boundaries, out of any road right-of-way.

c.

The application fee, as established by resolution, has been paid.

(2)

The administrator may issue an administrative permit for the temporary occupancy or use of a travel trailer on the same property as a single-family dwelling for a period not to exceed four weeks. The L.P.A. may issue a special exception permit for the temporary occupation or use of a house trailer or mobile home within any district. The L.P.A. may also impose conditions and requirements including, but not limited to the following:

a.

The building department has inspected and concluded that the unit is tied, blocked and anchored in accordance with city Code and that all health and safety standards are met or exceeded.

b.

The permit shall expire one year after the date of issue unless the L.P.A. approves an extension. An application for extension shall be filed with the administrator at least two weeks, but not more than six weeks, prior to expiration.

c.

The trailer or mobile home shall be removed from the site upon permit expiration.

(a)

Definitions. For purposes of this article, the following words and phrases shall have the following meanings.

Event means a temporary use of facilities or public right-of-way, for exclusive use by people or a gathering of any number of people that:

(1)

disrupts the ordinary and normal use of a public facility, public right-of-way, public street or private street; or

(2)

requires the provision of increased or supplemental public services above those normally required in the absence of the event; and/or

Regular event means an event which occurs more than eight times annually, not to exceed more than once per a seven day period on the same property and/or by the same applicant; or an event which occurs more than once per month on the same property and/or by the same applicant.

Special event means an event which occurs less than eight times annually on the same property and/or by the same applicant; or an event which occurs less than once per 30 day period on the same property and/or by the same applicant.

(b)

All event applications and fees must submitted a minimum of 45 days prior to the event. Applications and fees submitted less than 45 days prior to the scheduled event may not receive a determination of approval or denial.

(c)

In deciding whether a permit for an event should be granted or denied as specified in Section 17-42 (Regulatory Permits), or in deciding what additional conditions to impose, the city council shall ensure, (if the event is permitted at all):

(1)

The hours of operation allowed shall be compatible with adjacent land uses.

(2)

The amount of noise generated shall not disrupt the activities of adjacent land uses.

(3)

The applicants shall guarantee that all litter generated by the special event be removed at no expense to the city.

(4)

The city council shall not grant the permit unless it finds that the parking generated by the event can be accommodated.

(d)

In cases where it is deemed advisable, the city council may require the applicant to post a bond to ensure compliance with the permit.

(e)

If the permit applicant requests the city to provide extraordinary services or equipment, or if the administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to reimburse the city for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.

(f)

Permit approval of a regular event allows the following:

(1)

A maximum of 12 portable, nonilluminated signs not to exceed four square feet per sign. Signs may be used 24 hours prior to the event and must be removed promptly after end of event on same day. Sign location and a map/plan must be approved by the city prior to use.

(2)

Unlimited temporary event signage on the event property while the event is taking place, limited to the subject matter of the event. Signs on the event property may be used the day of the event and shall be removed within two hours after the end of the event.

(g)

Permit approval of a special event allows the following:

(1)

One banner not to exceed 25 square feet may be placed on the event property to promote the event. The banner may be placed ten days prior to event and shall be removed within 24 hours after the end of the event. Banners shall be attached to a building or fence, and shall not to allow vehicle or pedestrian traffic to flow under the banner.

(2)

A maximum of 12 portable, nonilluminated signs not to exceed four square feet per sign. Signs may be used ten days prior to the event and must be removed promptly after end of event on same day. Sign location and a map/plan must be approved by the city prior to use.

(3)

Unlimited temporary event signage on the event property while the event is taking place, limited to the subject matter of the event. Signs on the event property may be used the day of the event and shall be removed within two hours after the end of the event.

(Ord. No. 2014-543, § 1, 11-10-14)

(a)

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

(1)

Promote the health, safety and general welfare of the citizens by regulating the siting of wireless communication facilities;

(2)

Accommodate the growing need and demand for wireless communication services;

(3)

Provide for the appropriate location and development of wireless communication facilities within the city or any city owned property;

(4)

Recognize that the provision of wireless services may be an essential service within such land use categories as may be provided for under the Keystone Heights Comprehensive Plan, subject to the limitations set forth in this section;

(5)

Minimize adverse visual effects of wireless communication facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

(6)

Encourage the location and collocation of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional antenna support structures; and

(7)

Further, the balance between the need to provide for certainty to the communications industry in the placement of wireless communication facilities and the need to provide certainty to the residents and citizens of Keystone Heights that the aesthetic integrity of the city will be protected from the proliferation of unnecessary antenna support structures.

(b)

Definitions.

Accessory equipment building means any building, cabinet or equipment enclosure constructed for the primary purpose of housing the electronics, backup power, power generators and other freestanding equipment associated with the operation of antennas.

Alternative site means one or more separate locations within the search ring at which a provider could place its antenna to serve substantially all of the area intended to be served by the site requiring a special exception. Alternative sites must be available to the provider on commercially reasonable terms.

Antenna support structures means a facility that is constructed and designed primarily for the support of antennas, which include the following types:

(1)

Camouflaged structure. A structure designed to support antenna and designed to blend into the existing surroundings. Privately owned amateur radio and citizens band antennas support structures shall be exempt from this section.

(2)

Guyed tower. A tower that is supported in whole or in part by guy wires and ground anchors or other means of support in addition to the superstructure of the tower itself.

(3)

Lattice tower. A tower that consists of vertical and horizontal supports and crossed metal braces, which is usually triangular or square in a cross section.

(4)

Monopole. A tower of a single pole design.

Antennas means any apparatus designed for the transmitting and/or receiving of electromagnetic waves which includes but is not limited to telephonic, radio or television communications. Types of antennas include, but are not limited to, whip antennas, panel antennas, dish antennas. As used herein the term "antenna" includes all antennas integrated and used as a single unit, such as an antenna array. For purposes of this section, the following shall not be considered antennas and shall not be regulated by this section: privately owned amateur radio and citizens band antennas irrespective of height and diameter; and antennas with a total diameter or width, including all parts of the antenna arrays, of two meters or less in commercial or industrial areas, or one meter or less in all areas if mounted no greater than two meters above the roofline.

Collocation means when more than one FCC licensed provider uses an antenna support structure to attach antennas.

Existing structures means any lawfully constructed man-made structure including but not limited to antenna support structures, buildings, utility structures, light poles, clock towers, bell towers, steeples, water towers and the like, which allow for the attachment of antennas.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Provider means an FCC licensed communications company.

Search ring means a geographic area in which a provider's antenna is intended to be located to serve the provider's coverage area.

Temporary antenna support facility means a facility that is designed and constructed to serve, on a temporary basis, as a means of supporting antennas and is used typically to provide emergency wireless communications service to special events.

(c)

Antennas.

(1)

Where permitted. Antennas attached to existing structures shall be permitted in all zoning districts subject to the requirements of this section:

(2)

Requirements. All antenna installations shall meet the following requirements:

a.

Antennas may be located on existing structures with a height of 30 feet or greater, so long as the antennas do not extend more than 15 feet above the highest point of the existing structure, and as limited by (C)(2)(c) below;

b.

Antennas may be located on existing structures with a height of less than 30 feet, so long as the antennas do not extend more than five feet above the highest point of the existing structure, and as limited by (C)(2)(c) below;

c.

Notwithstanding subsections (c)(2)a. and b. above, antenna, as defined in subsection (b) above, shall not be located on single-family structures;

d.

Antennas to be located on existing structures in public road rights-of-way may only be located in collector, arterial or limited access road rights-of-way;

e.

No advertising shall be allowed on antenna;

f.

No signals, lights, or illumination shall be permitted on an antenna, unless required by an applicable federal, state or local rule, regulation or law;

g.

Antennas shall comply with all applicable Federal Communications Commission emission standards;

h.

Design, construction, and installation of antennas shall comply with all applicable local building codes;

i.

Accessory equipment buildings used in conjunction with antennas, if located on the ground, shall comply with the minimum accessory building setback requirements of the zoning district in which they are located;

j.

White obstruction lights on any antennas may only be displayed from sunrise through sunset. Red obstruction lights shall be displayed during night hours.

(3)

Approvals. All antenna installations shall require a site plan. All such site plans which comply with the requirements of this section shall be approved administratively by the city clerk and/or the city planner working together to fulfill the requirements of this section.

(4)

Nonconforming antennas. All antennas legally installed at the time of initial installation may be repaired, replaced and/or relocated at an equal or lower height on the existing structure.

(d)

Antenna support structure.

(1)

Approval process. The approval process shall be divided into those requests which can be reviewed administratively and those which, due to the zoning district in which it would be located or the surrounding uses, shall be reviewed as a use by exception (hereinafter referred to as a special exception).

a.

Monopoles.

1.

Monopoles not exceeding 200 feet in height that are proposed to be located in IND or PLI zoning districts shall be approved administratively and shall require a site plan.

2.

i.

Monopoles not exceeding 200 feet in height that are proposed to be located in the CG and AF zoning districts and that are located a distance from the nearest residentially zoned and used structure or building envelope equal to 200 feet or greater than the height of the monopole shall be approved administratively and shall require a site plan.

ii.

The distance shall be measured from the closest point at the base of the monopole to the nearest principal residential zoned and used structure or building envelope. In the event that the residential zoned property is vacant, the distance shall be measured from the closest point at the base of the monopole to the closest principal residential structure setback line (building envelope).

3.

Requests for monopoles that cannot be approved administratively in accordance with subsection (d)(1)a.2.1. and ii. above, shall be reviewed as a special exception.

b.

Lattice or guyed towers.

1.

Lattice and guyed towers not exceeding 200 feet in height that are proposed to be located in IND and PLI zoning districts shall be approved administratively and shall require a site plan.

2.

i.

Lattice and guyed towers not exceeding 200 feet in height that are proposed to be located in the CG and AF zoning districts and that are located a distance from the nearest residentially zoned and used structure or building envelope equal to 200 feet or greater than the height of the lattice and guyed tower shall be approved administratively and shall require a site plan.

ii.

The distance shall be measured from the closest point at the base of the lattice or guyed towers to the nearest principal residentially zoned and used structure or building envelope. In the event that the residentially zoned property is vacant, the distance shall be measured from the closest point at the base of the lattice and guyed towers to the closest principal residential structure setback line (building envelope).

3.

Requests for lattice or guyed towers that cannot be approved administratively in accordance with subsections (d)(1)b.2.i. and ii. above, shall be reviewed as a use by exception (hereinafter referred to as a special exception).

c.

To minimize adverse visual impacts associated with the unnecessary proliferation of antenna support structures, the location of antennas on an existing structure shall take precedent over the construction of new antenna support structures. Therefore, as a condition of approval for all new antenna support structures, a provider shall demonstrate that it is unable to locate its antenna on suitable and available existing structures within the search ring on commercially reasonable terms.

(2)

Criteria for antenna support structures that require special exception approval.

a.

Intent and purpose. The intent and purpose of this section is to address and balance the concerns about antenna support structures that do not meet the requirements for administrative approval under subsections (d)(1)a. and b. above and the recognized need of the provider to serve the entire community. These issues shall be reviewed on a case-by-case basis for each special exception request in accordance with the following standards:

1.

The proposed use or development complies with all required regulations and standards of this Land Development Code and all other applicable regulations;

2.

The proposed use or development will have general compatibility and harmony with the uses and structures on adjacent and nearby properties;

3.

That necessary public infrastructure is available to the proposed site and that the requirements of concurrency management have been fulfilled by the proposed use or development;

4.

The proposed use or development will have screening and buffers of such dimension, type and character to improve the compatibility and harmony with adjacent and nearby properties;

5.

The proposed use or development conforms with the adopted City of Keystone Heights Comprehensive Plan and Land Development Code;

6.

The proposed use or development minimizes adverse visual effects through careful design, siting, landscape screening and innovative camouflaging techniques;

7.

The proposed use or development cannot be located or collocated on existing structures thereby minimizing its visual impacts and reducing the need for additional antenna support structures; and

8.

The proposed use or development furthers the balance between the need to provide for certainty to the communications industry in the placement of wireless communication facilities and the need to provide certainty to the residents and citizens of Keystone Heights that the aesthetic integrity of the city will be protected from the proliferation of unnecessary antenna support structures.

b.

The local planning agency shall consider and weigh the aesthetic impact and compatibility issues of the proposed antenna support structure with the public benefit derived from having an efficient and reliable wireless communications system when determining whether or not to grant special exception approval. To assist the local planning agency in reaching such determination, the application shall provide the information set forth below:

1.

Design of the antenna support structure with particular reference to design characteristics that have the effect of reducing visual obtrusiveness;

2.

Nature of principal uses on the site, with preference being given to the use of sites which are already developed with non-single-family uses and which are currently visually impacted by tall structures, utility facilities, light poles, or other similar improvements;

3.

Nature of uses on adjacent and nearby properties and the proximity of the antenna support structure to all adjacent land uses, with preference being given to sites adjacent to nonresidential uses or non-dwelling aspects of residential properties, such as open space areas, parks, retention ponds, golf courses, wetland areas, etc.;

4.

On-site and surrounding tree coverage and foliage, with preference being given to sites which can provide heavy vegetative screening of an antenna support structure; and

5.

The lack of suitable existing structures within the search ring.

c.

Special exception criteria. In determining a special exception request for an antenna support structure in addition to those criteria set forth below:

1.

Aesthetic impact. Aesthetic impact shall take into consideration, but not be limited to, the amount of the antenna support structure that can be viewed from surrounding residential zones in conjunction with the antenna support structure's proximity (distance) to the residential zone, mitigation, landscaping or intervening visual buffers, existing character of surrounding area, or other visual options proposed by the applicant.

2.

Compatibility. Compatibility shall take into consideration the degree to which an antenna support structure is designed and located to be compatible with the nature and character of other land uses and/or with the environment within which the antenna support structure proposes to locate. The antenna support structure may be placed or designed to assist with mitigating the overall aesthetic impact of an antenna support structure.

3.

Availability of alternative sites. This means the zoning and planning board must consider whether there is a suitable and available alternative site. If the applicant demonstrates that an alternative site does not exist and this demonstration is not rebutted by competent and substantial evidence, the zoning and planning board shall issue special exception approval.

4.

Findings of fact. No special exception shall be approved unless the following findings of fact are made by the presentation of competent substantial evidence concerning the proposed special exception:

i.

The proposed use or development complies with all required regulations and standards of the Keystone Heights Land Development Code and all other applicable regulations;

ii.

The proposed use or development will have general compatibility and harmony with the uses and structures on adjacent and nearby properties;

iii.

That necessary public infrastructure is available to the proposed site and that the requirements of concurrency management have been fulfilled by the proposed use or development;

iv.

The proposed use or development will have screening and buffers of such dimension, type and character to improve the compatibility and harmony with adjacent and nearby properties;

v.

The proposed use or development conforms with the adopted City of Keystone Heights Comprehensive Plan and Land Development Code;

vi.

The local planning agency determination shall be based on relevant and competent evidence, documentation, and testimony received at the public hearing from the staff, the applicant and any party in support or opposition, or their respective representatives.

(3)

Camouflaged structures.

a.

Criteria to be considered in determining whether an antenna support structure qualifies as a camouflaged structure:

1.

Whether the antenna support structure:

i.

Resembles a natural object or a man-made structure (example of a natural object is a tree; examples of man-made structures are bell and clock towers, church steeples, detached or attached sign structures or lookout stations); or

ii.

Serves a purpose other than supporting antennas, for example, lighting of sports facilities, transmission of electrical and/or telephone lines, or flag poles; and

2.

Whether the antenna support structure is designed to be compatible with the architectural elements, such as bulk, massing, and scale of the surrounding properties; and

3.

Whether the antenna support structure is designed to blend with the principal use structure, if any.

b.

Upon receipt of the appropriate application, the city planner shall make the determination whether the particular antenna support structure qualifies as a camouflaged structure using the criteria set forth in subsection (d)(3)a. above. A denial by the city planner may be appealed by the applicant to the local planning agency.

c.

Camouflaged structures shall be permitted in all designated zoning districts.

d.

Depending on the type of camouflaged structure, the city may require that it meet the fencing requirements of subsection (e)(7) below.

e.

All camouflaged structure installations shall require a site plan. All plans which comply with the requirements of this section shall be approved administratively. Site plans which do not comply with the requirements of this section shall require a special exception which shall be governed by the requirements of subsection (d)(2) above.

(e)

General requirements for all antenna support structures.

(1)

Antenna support structures shall be constructed in compliance with all applicable construction building codes, which shall include electronic and technological industry association standards, as amended.

(2)

An antenna support structure may be located on a zoning lot containing other principal uses and may be located within area smaller than the minimum lot size of the applicable zoning district if the zoning lot within which the antenna support structure is located complies with the applicable minimum lot size for the existing principal use or is a legal nonconforming lot of record.

(3)

Unless another subsection of this section indicates otherwise, the area within which the antenna support structure is located shall be the area subject to the requirements of this section, rather than the entire lot.

(4)

Antenna support structures shall comply with the minimum setback requirements of the underlying zoning district, except additional setbacks due to height shall not apply. Ground anchors for guyed towers shall meet the minimum setbacks for accessory structures in the underlying zoning district.

(5)

Prior to the issuance of a building permit, the applicant shall provide evidence that the antenna support structure is in compliance with FAA regulations.

(6)

No advertising shall be allowed on the antenna support structure.

(7)

No signals, lights, or illumination shall be permitted on the antenna support structure, unless required by any federal, state or local agency, or such lighting or illumination is part of the design of a camouflage structure. White lights may only be shown during daylight hours (between sunrise and sunset).

(8)

The antenna support structure site (exclusive of guyed anchors where applicable) shall be enclosed within a metal/wood fence or a wall not to exceed eight feet in height. This requirement shall not apply to camouflaged structures and may be waived by the city planner for other antenna support structures if the structure is made unclimbable up to a height of above 20 feet.

(9)

Landscaping shall be provided between an antenna support structure or accessory equipment building and public streets or residential parcels.

a.

If the antenna support structure or accessory equipment building abuts the public right-of-way or residentially developed or zoned property, the antenna support structure or accessory equipment building shall be screened from such abutting use by placing the landscaping along the security fence or wall.

b.

If the antenna support structure or accessory equipment building is not immediately abutting a public right-of-way or residentially developed or zoned property, the landscaping shall be provided along the boundaries of the zoning lot between the antenna support structure or accessory equipment building and the public right-of-way or residentially developed or zoned property.

c.

Existing landscaping, vegetation or intervening buildings or permanent structures which provide the equivalent screening may be substituted.

d.

If required, the landscaping shall consist of landscaping as found in the Keystone Heights Land Development Code.

(10)

The only signage that may be permanently attached to the fence or wall shall be for the purpose of identifying the party responsible for the operation and maintenance of the facility, its address and telephone number; and security or safety signs.

(11)

Mobile or immobile equipment not used in direct support of the wireless facility shall not be stored or parked on the site, unless repairs to the antennas and related equipment and/or to the antenna support structure are being made.

(12)

A temporary antenna support facility may be used by a provider in any zoning district for the purpose of providing temporary wireless service for special short-term events such as political events, sporting events, or entertainment events; to allow for modification, replacement, and/or repairs to a permanent facility; or as necessary to aid in post-disaster relief efforts.

(f)

Accessory equipment building. Accessory equipment buildings used in conjunction with the operation and maintenance of antennas shall be permitted subject to the following requirements:

(1)

Shall not exceed 750 square feet of gross floor area per antenna;

(2)

If ground constructed or mounted, shall not exceed 20 feet in height;

(3)

Shall be located within close proximity, as is reasonably possible, to the structure upon which the antennas are attached;

(4)

If ground constructed or mounted, shall meet the underlying zoning district setback requirements for accessory structures;

(5)

Shall be designed, constructed and installed in compliance with all applicable local building codes;

(6)

Shall be of a material and/or color which matches the exterior of the existing structure, if any, where the antennas are located;

(7)

If ground constructed or mounted shall meet the landscaping requirements of subsection (e)(9); and

(8)

If the antenna is classified as a camouflaged structure, then the accessory building shall be camouflaged as well.

(g)

Collocation. To encourage a reduction in the number of antenna support structures that may be required to sit antenna in order to meet the community's increasing demand for wireless service, antenna support structures shall be structurally designed to accommodate the collocation of antenna as follows:

(1)

All antenna support structures, except camouflaged structures, over 80 feet and up to and including 150 feet in height shall be structurally designed to accommodate at least two providers.

(2)

All antenna support structures, except camouflaged structures, exceeding 150 feet in height shall be structurally designed to accommodate at least three providers.

(h)

Removal of abandoned antenna support structures.

(1)

At time of building permit the applicant shall enter into a contractually enforceable agreement with the City of Keystone Heights that requires the applicant or the owner of the antenna support structure to remove the antenna support structure upon its abandonment.

(2)

In the event all legally approved use of any antenna support structure has been discontinued for a period of 180 consecutive days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the zoning manager who shall have the right to request documentation and/or affidavits from the antenna support structure owner regarding the issue of antenna support structure usage.

(3)

At such time as the zoning manager reasonably determines that an antenna support structure is abandoned, the zoning manager shall provide the antenna support structure owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond within 60 days of receipt of such notice shall constitute prima facie evidence that the antenna support structure has been abandoned.

(4)

If the owner of the antenna support structure fails to respond or fails to demonstrate that the antenna support structure is not abandoned, the antenna support structure shall be considered abandoned, and the owner of the antenna support structure shall have an additional 120 days within which to:

a.

Reactivate the use of the antenna support structure or transfer the antenna support structure to another owner who makes actual use of the antenna support structure within the 120-day period, or

b.

Dismantle and remove the antenna support structure. At the earlier of 121 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception approval for the antenna support structure shall automatically expire.

(i)

Nonconforming antenna support structures, replacements and modifications of existing structures. To encourage the use of sites which already have an existing structure that creates a visual or height impact, modifications to or replacement of such facilities may occur subject to the following conditions:

(1)

Nonconforming antenna support structures. All antenna support structures legally installed at the time of initial construction, which, because of changes to the code, no longer conform to the requirements of the code, shall be considered legally permitted nonconforming uses. Such facilities may be used or repaired and may be replaced or modified in accordance with this section.

(2)

Modification or replacement of existing structures to accommodate collocation.

a.

Modification or replacement of existing antenna support structures. An existing antenna support structure may be modified or replaced to accommodate the collocation of antennas as follows:

1.

Antenna support structures, which, when modified or replaced, will conform to the requirements of the code, may be modified or relocated on the same zoning lot up to the requirements of the code.

2.

Antenna support structures which, when modified or replaced, will not conform to the requirements of the code, may be increased in height, one time, up to 40 feet above the approved height and/or may be relocated on the same zoning lot, one time, within 75 feet of the existing location, with administrative review and without conformance with any other setbacks, or height-related requirements.

3.

After the antenna support structure is replaced, as provided herein, the existing antenna support structure shall be removed with 90 days.

4.

An antenna support structure which is modified or replaced to accommodate the collocation of additional antenna(s) shall be either of the same type as the existing antenna support structure or a monopole.

b.

Utilization of existing structures, other than antenna support structures. An existing structure, other than an antenna support structure, may be modified or replaced to accommodate both its prior function and antenna(s) as follows:

1.

Such existing structures which, when modified or replaced, will conform to the requirements of the code for antenna support structures, may be modified or relocated on the same zoning lot up to the requirements of the code.

2.

Such existing structures which, when modified or replaced, will not conform to the requirements of the code for antenna support structures, may be:

i.

Increased in height, one time,

(i)

If a distance greater than 110 percent of the height of the modified existing structure from any single-family residential structure, up to 50 percent of the height of the existing structure, or 40 feet, whichever is less; or

(ii)

If the distance is less than 110 percent of the height of the modified existing structure from any single-family residential structure, up to 25 percent of the height of the existing structure, or 40 feet, whichever is less.

ii.

Relocated on the same zoning lot, one time, within 50 feet of the existing location, with administrative review and without conformance with any other setbacks, separations or height-related requirements contained herein.

3.

The modified or relocated pole-type structure shall comply with all applicable FCC and FAA regulations and applicable building codes.

(Ord. 99-298, passed 11-16-99)

(a)

The L.P.A. shall consider the operation of a hot dog cart under a regulatory permit application subject to the conditions in subsections (b) and (c) below. Notwithstanding compliance with subsections (b) and (c) below, the L.P.A. shall determine that the requested regulatory permit, if approved, is consistent with subsections (b) and (c) of Section 17-42. The regulations and requirements of this section are intended to:

(1)

Promote the health, safety and general welfare of the citizen's by regulating the siting and operation of hot dog carts;

(2)

Maintain the essential character and nature of the activity conducted on the lot prior to operation of the hot dog cart;

(3)

Maintain the visual character of the activity conducted on the lot prior to operation of the hot dog cart; and

(4)

Establish the minimum standards applicable to the operation of a hot dog cart.

(b)

A single hot dog cart may be approved by exception to be located on a developed property in the general commercial zoning district provided the following minimum conditions are incorporated as conditions of the exception:

(1)

The operator maintains a valid business license with the city;

(2)

The hot dog cart is licensed by the Florida Department of Business and Professional Regulation (DBPR) under the division of hotels and restaurants and said license is valid with no outstanding violations. All required State of Florida and city licenses must be clearly displayed on the hot dog cart;

(3)

The hours of operation of the hot dog cart coincide with the operating hours of the permanent business operating on the property;

(4)

Trash receptacles are provided adjacent to the hot dog cart and maintained (emptied) each night. No liquid waste shall be disposed in landscape areas, storm drains or onto the sidewalks, streets or other public space. Failure to maintain the property in a clean and healthy manner or to improperly dispose of waste shall result in an immediate suspension of the city's business license, requiring the hot dog cart operations to cease immediately. Operations shall not resume until an alternative method of disposal has been approved by the city or the health department, as applicable.

(5)

Coolers, ice chests or other accessory containers shall not be permitted;

(6)

Heating, warming or cooling unit(s) shall be an integral part of the cart;

(7)

The property owner of record shall be responsible for all litter and trash associated with the hot dog cart operations including litter and trash generated by customers of the hot dog cart. The area surrounding the hot dog cart shall be maintained in a clean and safe manner. Failure to provide a clean and safe environment may be cause for revoking the exception;

(8)

Signage for the hot dog cart is not permitted; graphics printed on the cart shall be permitted, limited to five square feet in area;

(9)

Customer seating is not permitted;

(10)

Lighting shall be permitted for safety to illuminate the customer service area and horizontal serving area of the hot dog cart. Lighting for the purpose of attracting customers shall not be permitted.

(11)

The operator of the hot dog cart shall not sell or attempt to sell, engage in or attempt to engage in any commercial transaction with the occupant of any motor vehicle whether the motor vehicle is in motion, stopped or parked.

(12)

A freestanding, fixed structure may not be erected as a cover to the hot dog cart or its customer service area. A nonpermanent covered area may be provided during the hours of operation of the hot dog cart, limited to an area no larger than a three foot extension of the horizontal surface area of the hot dog cart. Umbrellas shall be permitted and may contain printing, limited to the name of the hot dog cart business or name of the product sold.

(13)

Audio amplification shall not be permitted.

(14)

The hot dog cart must be removed from the property during impermissible hours of operation and may not be stored, parked or left overnight in any residential district within the city or within any public street or sidewalk.

(c)

A site plan identifying the potential physical locations for a hot dog cart on the property shall be submitted with the exception application; the site plan approved under an exception for hot dog cart use shall be incorporated into the approved exception. The site plan shall identify those portions of the property on which a hot dog cart may be located if the exception is approved as hatched areas within the parcel boundary. The L.P.A. may reduce the permitted hot dog cart area of the property to an area less than the area requested. The permitted hot dog cart area shall not place the vending cart, trash receptacles and customer service area:

(1)

Within 50 feet of a public right-of-way;

(2)

Within 300 feet of the property line of a parcel on which is located an existing fixed location restaurant, measured from the closest point on the hot dog cart area to the closest point on the property on which the fixed location restaurant is located;

(3)

Within any parking space, drive aisle, curb cut or public sidewalk;

(4)

Within 10 feet of any building exit, including emergency exits;

(5)

Within 10 feet of a fire hydrant or in a location that blocks access to the fire hydrant by fire apparatus;

(6)

Greater than 50 feet from the primary entrance to the permanent business operating on the property;

(7)

Within any landscape area; or

(8)

Within 100 feet of another approved hot dog cart area.

(d)

Approval of use by exception. The approval of a hot dog cart use by exception for a property in a general commercial zoning district shall expire pursuant to Section 17-48 (a)(1). Initial use of the property for a hot dog cart within one year of approval of the use by exception shall vest the hot dog cart use despite non-use of the property for a hot dog cart at any time subsequent to the initial use unless otherwise limited by the approved exception.

(Ord. No. 2013-530, § 7, 6-3-13)