In addition to regulations listed for individual districts in article VI, divisions 2 through 6 of this chapter, the regulations in this article apply in all districts.

(Code 1980, § 19-9(A); Code 1995, § 86-346; Ord. No. 15-09, § 2, 9-15-2015)

The landscaping of any and all property within the town shall be in conformity with and subject to the regulations of article II of chapter 121.

(Code 1980, § 19-9(A)(1); Code 1995, § 86-347; Ord. No. 15-09, § 3, 9-15-2015)

(a)

In addition to the applicable landscaping regulations of article II of chapter 121, fences, walls, hedges and shrubs may be permitted in any yard or along the edge of any yard, consistent with the applicable provisions of this Code except that section 121-86 shall apply where street intersections, rights-of-way, ingress/egress easements and driveways are involved.

(b)

The provisions contained in this section shall apply to all fences, walls, and hedges on the properties within the town.

(c)

Any person proposing to erect, install, relocate, reconstruct or alter a fence or wall within the town shall make application to the building department for a permit. The application shall contain a plan showing the location and type of construction proposed for such fence or wall.

(d)

All fences and walls are to be constructed inside the property lines unless the adjoining property owners apply jointly for a permit and indicate their mutual assent to the erection of the fence or wall on their mutual property.

(e)

All fences and walls shall be adequately secured and designed to withstand high winds and stresses to which they may be reasonably subjected and shall be constructed of any of the following materials or combination thereof, provided the materials are consistent in material and finish and maintained in good, square condition:

(1)

Wood (except slash bark) of rot or termite resistant species or wood which has been chemically treated or painted to resist rot and termite attack.

(2)

Ornamental metal or chainlink.

(3)

Concrete or masonry.

(f)

No fence or wall shall be constructed of any of the following:

(1)

Electrically charged materials.

(2)

Rubble, scrap iron, bottles or junk.

(g)

All fences and walls shall be maintained in good, square condition by the owner thereof and all supports, posts, and bracing shall be placed toward the interior of the property on which the fence or wall is located.

(h)

Fences, walls, hedges and shrubs must be located within the owners' property. In addition, no fences, walls, hedges or shrubs shall be located within four feet of the edge of the paved road, said distance to be measured from the face of the fence, wall, hedge or shrub. Furthermore, fences, walls, hedges and shrubs shall be limited in height as follows:

(1)

Hedge height must be consistent with section 121-86.

(2)

Fences and walls. Height may not exceed six feet for side and rear yards and may not exceed two feet, six inches within ten feet of the edge of the paved road and within a safe sight triangle. Measurement shall be made from the natural grade of the property to the top of the fence or wall. The natural grade of the property shall not be altered in any way, in order to raise the height of the fence or wall.

(i)

Swimming pool fences are required unless pools are entirely enclosed by a screen enclosure or if there is an existing perimeter fence or wall around the property that meets current codes. Pools must be surrounded by a protective wall or fence that is a minimum of four feet in height, with a self-closing gate and latch. The latch must be a minimum of 54 inches from the bottom of the fence. Child safety barriers will not be allowed in lieu of a perimeter fence that surrounds the property. A pool adjacent to a canal, lake or waterway may utilize this water in lieu of a protective wall or fence on that side only.

(j)

The owner of the hedge shall be responsible for keeping both sides and top of the hedge neatly trimmed and manicured. In the event a neighboring or adjacent property owner refuses to give his consent, then that neighboring or adjacent property owner shall be responsible for keeping the side and top of the hedge which extends over or onto or is located upon that property owner's property neatly trimmed and manicured.

(Code 1980, § 19-9(A)(2); Code 1995, § 86-348; Ord. No. 331, § 1, 3-5-1996; Ord. No. 344, § 1, 6-2-1998; Ord. No. 05-05, § 1, 9-20-2005; Ord. No. 15-09, § 4, 9-15-2015)

Where a limited commercial use abuts property zoned for residential use, the owner of the limited commercial use, at the time he erects a structure to house such use, shall erect a solid masonry or concrete block wall of not less than four nor more than six feet in height. Such wall shall be erected entirely within the property line of the commercial use.

(Code 1980, § 19-9(A)(10); Code 1995, § 86-349)

(a)

All buildings or structures, except docks erected on any lot adjacent to any lake, canal, or other waterway, shall be set back from the property line not less than 25 feet or, where the property line extends into the waterway, from the water's edge not less than 20 feet, whichever is more restrictive.

(b)

In addition to the provisions of section 125-890, a swimming pool may be constructed no closer than ten feet from a seawall, provided the plans for its construction are signed and sealed by a registered professional structural engineer currently licensed in the state, and provided further if structural modifications are required to the support of the seawall, the construction plans must reveal the details of any revisions to the structural support; provided further that if a swimming pool is to be constructed no closer than 25 feet from any seawall, plans under the seal of a structural engineer shall not be required; and provided further that the first sentence of this section remains unchanged with respect to setback requirements if there is no seawall.

(Code 1980, § 19-9(A)(3); Code 1995, § 86-350; Ord. No. 272, § 1, 8-6-1990; Ord. No. 05/09-06/01, § 1, 1-10-2006)

No boat, houseboat, vessel or watercraft of any kind or type may be used as a dwelling place while anchored, moored, or tied up in any part or place within the town limits.

(Code 1980, § 19-9(A)(8); Code 1995, § 86-351)

Horses, ponies, cattle, goats, pigs, ferrets or other livestock, including kennels and other related structures and poultry, pigeons, peacocks, ducks or any wildlife shall not be permitted to be kept, harbored or bred on any premises.

(Code 1980, § 19-9(A)(7); Code 1995, § 86-352)

All buildings or structures located on property abutting Forest Hill Boulevard shall be set back from the right-of-way line of Forest Hill Boulevard a distance of not less than 30 feet. This setback requirement shall apply to all property fronting on Forest Hill Boulevard.

(Code 1980, § 19-9(A)(5); Code 1995, § 86-353)

No use shall be made of any property within the town which is arranged, intended to be used, designed to be used, or used in any manner that is noxious or offensive by reason of the excessive emission of dirt, dust, odor, smoke, gas, fumes, noise, electrical interference, or vibrations. Such use shall be considered as prohibited in all districts and shall constitute a violation of this chapter.

(Code 1980, § 19-9(A)(4); Code 1995, § 86-354)

Chimneys, water tanks, radio or television antennas for commercial purposes, elevator lofts, church spires, flagpoles and parapet walls may be erected above the height limits established in this article.

(Code 1980, § 19-9(A)(16)(c)1; Code 1995, § 86-355)

Exterior architectural features, design, and appearance of any building or structure within the town, including, but not limited to, color, shall be in conformity with good taste and shall not be of such inferior quality as to cause the nature of the local environment to materially depreciate in appearance and value.

(Code 1995, § 86-356)

All clotheslines shall be placed in the side yard behind the front of the house line, or in the rear yard, and shall be hidden from view from the street. Clotheslines shall be maintained in good condition and repair at all times.

(Code 1995, § 86-357; Ord. No. 332, § 1, 3-5-1996)

No portable storage unit, including a storage unit that has the availability to be filled by a resident, then picked up and moved to an off-site location (such as P.O.D.S.), shall be permitted on any property in excess of 14 days once every six months.

(Code 1995, § 86-358; Ord. No. 08-03, § 6, 11-18-2008)

The purpose of this division is to provide reasonable standards for the use of property as an adult living facility.

(Code 1980, § 19-9(A)(15)(a); Code 1995, § 86-366; Ord. No. 06-10, § 6, 12-12-2006)

In addition to applicable requirements set forth in section 125-68, the following minimum standards shall apply to a use of property as an adult living facility. These standards shall be met regardless of the existence of lesser standards imposed by any other agency of government.

(1)

Site area. The minimum site area shall be one acre.

(2)

Floor area ratio. The maximum occupancy to be accommodated in an adult living facility shall be determined by a ratio of one person for every 70 square feet of net bedroom or net sleeping room floor area. The net bedroom or net sleeping room floor area shall not include closets and bathrooms appurtenant to such room, or common areas such as hallways, kitchen, dining room, living room, family room, or porches.

(3)

Height and building restrictions. The building height setback and total floor area shall be governed by the zoning district within which the adult living facility is proposed to be located.

(4)

On-site parking areas. Safe and clear access to the facility and on-site parking spaces and driveway areas shall be provided in compliance with the provisions of the off-street parking and loading regulations. There shall be provided on the site one parking space for every administrator and employee, and an additional space for every five occupants permitted at the facility (or fraction thereof).

(5)

Signs and advertising. There shall be no signs or other on-site advertising of the existence of the adult living facility.

(Code 1980, § 19-9(A)(15)(b); Code 1995, § 86-367; Ord. No. 06-10, § 6, 12-12-2006)

It shall be unlawful for any person to operate an adult living facility within the town unless the town has issued a local business tax receipt therefor. No business tax receipt shall be issued unless a permit for the adult living facility has first been obtained from the agency for health care administration and any other permitting agency as required by law, and all the provisions of this division have been fulfilled. Permits obtained from other agencies shall not be deemed as compliance with this division.

(Code 1995, § 86-368; Ord. No. 06-10, § 6, 12-12-2006)

(a)

An adult living facility shall be deemed a health care-residential-custodial care facility (NFPA 101, Life Safety Code) for purposes of application of the fire protection code. Every facility shall conform to applicable codes and ordinances of the town, including building, electrical, and fire prevention codes, and shall be free from fire hazards and shall have adequate protection against fire and explosions. Facilities shall be equipped and operated in such manner as to protect the residents from health and safety hazards and from other dangers inimical to their general well-being or moral welfare. Gas and oil fired portable heaters and other dangerous appliances shall not be used in any adult living facility. Standards of health and safety prescribed by the county health department, and any other county or state agency, shall be observed.

(b)

During operation of a permitted adult living facility, any violation of a use regulation contained in this division regarding resident capacity, on-site deliveries, on-site parking spaces, compliance with applicable state and county regulations, or any other restrictions in this division, shall be grounds for the revocation of or the refusal to renew a local business tax receipt in the discretion of the town council or its designee.

(Code 1980, § 19-9(A)(15)(d); Code 1995, § 86-369; Ord. No. 06-10, § 6, 12-12-2006)

Every facility must provide adequate help to control and maintain the adult living facility in a proper manner with constant supervision to protect the residents therein. All personnel employed at such facility shall meet county and state regulations applicable to their qualifications for such employment.

(Code 1980, § 19-9(A)(15)(e); Code 1995, § 86-370; Ord. No. 06-10, § 6, 12-12-2006)

No adult living facility shall be issued a local business tax receipt by the town unless a certificate of insurance is first filed with the town evidencing coverage against injury and property damage caused by the tortuous conduct of the operator. Insurance coverage shall protect the residents and all other persons who enter the facility in connection with its business, and shall be in amounts of not less than $100,000.00 per person and $300,000.00 per accident or occurrence for personal injury, and $5,000.00 for property damage.

(Code 1980, § 19-9(A)(15)(f); Code 1995, § 86-371; Ord. No. 06-10, § 6, 12-12-2006)

Adult living facilities shall be allowed by special exception of the zoning board of adjustment in the Multiple-Family Residential (MF) District zoning classification only, and not in any other zoning district.

(Code 1980, § 19-9(A)(15)(h); Code 1995, § 86-37; Code 1995, § 86-373; Ord. No. 06-10, § 6, 12-12-2006)

The purpose of cluster housing development is to permit an alternative development process for the development of residential dwelling units, thereby allowing the developer greater flexibility from rigid development standards pertaining to lot size and configuration; promote economical land development in conformance with provisions of the comprehensive development plan; encourage ingenuity and originality in total land development and individual site design; and preserve open space to better serve recreational, scenic and public service.

(Code 1995, § 86-446; Ord. No. 280, § 12(a), 1-7-1991)

Cluster housing development is permissible as a special exception of the SF and MF districts, subject to the provisions of section 125-68.

(Code 1995, § 86-447; Ord. No. 280, § 12(b), 1-7-1991)

Density requirements for cluster housing development shall be a maximum of 4.4 dwelling units in the SF district and 8.7 units in the MF district.

(Code 1995, § 86-448; Ord. No. 280, § 12(c), 1-7-1991)

All types of attached and detached single-family residential dwellings may be permitted in cluster housing developments. Attached dwellings shall not exceed six dwelling units in one building group. Building line and elevation shall be staggered to minimize straight wall effect.

(Code 1995, § 86-449; Ord. No. 280, § 12(d), 1-7-1991)

The minimum size of a lot of record within the development shall be at least 3,000 square feet. Yards abutting the boundaries of the entire cluster housing development site shall not be less than the minimum requirements for the respective zoning district. Additionally, the front yard setback for all lots fronting on public streets shall not be less than the front yard setback requirements of the respective zoning districts in which they are located.

(Code 1995, § 86-450; Ord. No. 280, § 12(e), 1-7-1991)

Copies of all written documents demonstrating ownership and/or control by the applicant or landowner as to all concerned lands shall be submitted to the town attorney prior to final plat approval. Such documents shall satisfactorily demonstrate that the applicant or landowner has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of this division.

(Code 1995, § 86-451; Ord. No. 280, § 12(f), 1-7-1991)

To compensate for reduced lot sizes, open space common to all lots shall be provided as set forth in this section. Such open space may be used for parks, playgrounds or other recreational uses. Land utilized for such common open space will be restricted by appropriate legal instrument satisfactory to the town attorney as open space perpetual or for a period of not less than 99 years. Such instrument shall be binding upon the applicant or landowner, all successors and assigns and shall constitute a covenant running with the land and be in recordable form and recorded in the county public records. The minimum open space requirements shall be as follows:

(1)

SF. Forty percent of total parcel area.

(2)

MF. Thirty percent of total parcel area.

(Code 1995, § 86-452; Ord. No. 280, § 12(g), 1-7-1991)

Prior to final site plan approval, a program for continued maintenance of all common areas including open space and recreation facilities, private streets, private utilities, etc., shall be submitted to the town. The submission shall include agreement, contracts, deed restrictions, sureties or other legal instruments to guarantee the installation and continued maintenance of such common areas and facilities.

(Code 1995, § 86-453; Ord. No. 280, § 12(h), 1-7-1991)

A cluster housing development shall have direct access to a public street.

(Code 1995, § 86-454; Ord. No. 280, § 12(i), 1-7-1991)

Except as specifically provided in this division, all sales of food, beverages, and/or personal property for charitable or commercial purposes are prohibited at unenclosed locations and from within residential buildings at any time within the town. However, the town, with the approval of the town council, may from time to time utilize the town's property for the purpose of fundraising and/or public events, at events which the town may sell or dispense food, beverages of any type and items of personal property.

(Code 1980, § 19-9(A)(16)(b); Code 1995, § 86-466)

(a)

Permit required; limitations. No garage sale, carport sale, yard sale, sidewalk sale, outdoor sale, or other similar activities, including sales of individual items, shall be permitted in any district without the issuance of a permit from the town. There shall be a fee charged by the town for the issuance of the permit. This permit fee shall be established by town resolution and may be amended from time to time by resolution. Until established by town resolution, there shall be a $20.00 fee charged by the town for the issuance of the permit. Only one permit for one sale event or activity shall be issued to any one street address, property legal description, property owner, or organization, during any calendar year.

(b)

Garage type sales in residential districts are permitted only on Friday, Saturday and Sunday between the hours of 7:00 a.m. and 5:00 p.m. Such sales at any other time of day, or days of the week, are hereby prohibited. Outdoor sales are prohibited within any commercial district within the town.

(c)

An outdoor sales permit shall be valid for a maximum of 30 consecutive days, and shall be limited to only one major item as described above unless otherwise approved by the town.

(1)

Sworn statement required; granting or rejecting application. Any person, organization, or corporation seeking a garage sale or capital outdoor sale permit shall first submit to the town a sworn statement showing:

a.

The name of the person, organization, or corporation sponsoring the sales activity.

b.

The purpose for which the proceeds of the sale are to be used.

c.

The amount of commission, if any, that shall be paid by such person, organization, or corporation to the person conducting the business, if applicable.

d.

The length of time of the sales activity.

e.

The names of persons directing the sales activity.

f.

That no items shall be transported to the permitted garage sale site for sale from other locations.

Upon receipt of the sworn statement and permit fee, the town may, at its discretion, grant or reject the application, or withhold action on any application pending investigation. The town, in the exercise of its discretion, shall consider whether the issuance of a sales permit in any way allows for the creation of a nuisance.

(2)

Conditions of sales sites. All sales sites shall be kept in a clean and orderly manner both during and upon completion of the sales activities.

(3)

Capital outdoor sales; single item. Any resident who intends to place a "for sale" sign on any single item, as described below, that they wish to sell within the town limits, must first obtain a permit from the town. Items for sale shall include motorized or electric vehicles, boats, watercrafts, trailers, or recreational vehicles. Said permit will be subject to the following requirements:

a.

The item for sale must be personally owned by a resident at the address where displayed. If item to be sold is a vehicle, boat or other registered item, ownership must be validated by a proper up-to-date state registration.

1.

An item owned by a commercial or a business entity will not be allowed a for sale permit.

2.

Only one "for sale" sign shall be allowed, and must only be displayed on the item for sale.

(i)

The sign shall not exceed ten inches by 14 inches and must be professionally printed.

(ii)

No other markings or signs will be permitted.

3.

The item for sale shall not be located on the road right-of-way nor on any location other than that stated in the permit.

(Code 1980, § 19-9(A)(18); Code 1995, § 86-467; Ord. No. 04-03, § 1, 2-3-2004)

Any gazebo shall be of conventional construction of wood or CBS. No metal or canvas building or structure or part thereof shall be permitted. The construction shall conform with the building codes and requirements as have been adopted from time to time by the town council, including the following:

(1)

Yard setbacks; location. All approved gazebos, or similar structures shall meet all yard requirement setbacks of the Single-Family (SF) District and/or Multifamily (MF) District in which the property is located and shall be located in such a manner or shall be adequately screened or buffered so as not to be visible from any public street or roadway.

(2)

Electrical and plumbing facilities. A gazebo may be equipped with approved electrical fixtures and/or plumbing facilities. However, the use of toilet fixtures or hot water facilities is prohibited.

(3)

Screening material. The use of any metal, plastic, fiberglass, or similar type screening material attached on or within the gazebo structure is prohibited.

(4)

Occupancy. The use of the gazebo for overnight occupancy is expressly prohibited.

(5)

Maximum floor area. The maximum floor area of any approved gazebo shall not exceed 150 square feet.

(Code 1980, § 19-9(A)(12)(a)—(e); Code 1995, § 86-481)

(a)

No person shall construct a gazebo or cause to be constructed a similar structure without first obtaining a permit therefor.

(b)

Application for a permit under this division shall be made to the building official and shall be accompanied by the payment of a fee of $35.00 and by plans and specifications and such other data, sufficiently detailed. The plans, specifications and other data shall be submitted in triplicate.

(Code 1980, § 19-9(A)(12)(f), (g); Code 1995, § 86-482)

Any canvas canopy installed within the town shall conform with the building codes and requirements as have been adopted from time to time by the town council, including the following:

(1)

All canvas canopies shall meet required zoning setbacks.

(2)

All canvas canopies shall meet building codes regarding wind uplift.

(3)

Engineering plans, signed and sealed by a structural engineer, shall be submitted to the town indicating the capability of anchoring the canvas canopy to the ground.

(4)

No person shall install a canvas canopy without first obtaining a permit therefor.

(Code 1995, § 86-483; Ord. No. 01-03, § 1, 8-7-2001)

It is the intent of this section to retain the peaceful and quiet character of residential neighborhoods located within the town. Nothing in this section may be construed to prohibit, diminish, reduce, or discourage the conducting of direct selling businesses within or at a residence. Home occupations, as defined in this section, may be conducted in any residential district as described and as set forth in this chapter, provided that all applicable licenses from the town are obtained. Before any license may be issued for any occupation in any residential zone, such occupation, at the discretion of the town administrator, shall first meet each and all of the following requirements and standards:

(1)

A floor plan showing the size, dimensions and space utilization for the proposed home occupation and a signed affidavit from the applicant stating that the proposed home occupation will comply with all of the requirements of this section shall accompany the license application.

(2)

No home occupation shall occupy more space than 20 percent of the total floor area of a residence exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters; provided, however, in no event shall such home occupation occupy more than 300 square feet.

(3)

There shall be no visible evidence of the conduct of a home occupation within a dwelling unit. There shall be no display that will indicate from the exterior or from any vehicle that the building is being utilized in part for any purpose other than as a residence.

(4)

Mechanical or electrical equipment shall not be employed other than machinery or equipment customarily found in the home associated with a hobby or a vocation conducted not for profit, or machinery which is essential to normal domestic activities. Equipment or processes shall not be used in conjunction with a home occupation which create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses on property adjacent or contiguous to or neighboring or surrounding such use. In the case of electrical interference, equipment or processes shall not be used which create visual or audible interference in the normal operation of radios, televisions, and similar equipment operated on property adjacent to such use.

(5)

Commodities shall not be sold on the premises.

(6)

Any vehicles used in connection with such home occupation must have separate off-street parking facilities in addition to those provided for the residence. Traffic shall not be generated by a home occupation in greater volume than normally expected in a residential neighborhood. A home occupation shall not provide services for more than two clients on the premises at any one time.

(7)

Any deliveries made in connection with a home occupation shall be only of such limited duration and frequency as absolutely necessary to conduct the home occupation. Such deliveries shall be made only on weekdays between the hours of 8:00 a.m. and 5:00 p.m. Any variations, exceptions, or exemptions from the provisions of this subsection must obtain prior approval from the appropriate town officials. In no event may a home occupation be allowed which involves the regular, prolonged, or frequent delivery of any materials, supplies, goods, or chattels at a residence. In addition, no home occupation shall be allowed which involves any loading or unloading at a residence of any materials, supplies, goods, or chattels which are intended for sale or resale, whether on-site or off-site.

(8)

Home occupations shall be carried on entirely within the dwelling and only by members of the family permanently residing within the dwelling unit.

(9)

In no case shall more than one home occupation license be issued to any one person or location at one time.

(10)

A home occupation shall be subject to all applicable town occupational licenses and other business taxes.

(11)

Home hobbies are in no way restricted by this section.

(12)

Permissible home occupations shall include, but not be limited to, the following:

a.

Artists and sculptors;

b.

Authors and composers;

c.

Dressmakers, seamstresses and tailors;

d.

Home crafts such as model making, rug weaving and ceramics;

e.

Office facility of a minister, rabbi, priest or other similar person associated with a church, temple or other house of worship;

f.

Office facility of a salesman, sales representative or manufacturer's representative, provided no retail or wholesale transactions are conducted on the premises;

g.

Office facility of an accountant, architect, contractor, consultant, engineer, and similar professionals;

h.

Schools providing special education for groups not exceeding four pupils at any given time;

i.

Dance or music instruction;

j.

Photographic studios;

k.

Repair of small household appliances;

l.

Similar uses which are not a prohibited home occupation as provided in this section;

m.

Similar uses which do not involve retail or wholesale transactions on the premises or employment of persons other than members of the family residing on the premises or which violate any other provisions of this section.

(13)

None of the following shall be determined to be home occupations:

a.

Funeral homes;

b.

Gift shops;

c.

Massage services;

d.

Nursing homes, community residential homes and adult congregate living facilities;

e.

Medical or dental laboratories;

f.

Outdoor repair or storage;

g.

Rental of equipment;

h.

Veterinary hospitals; and

i.

Similar uses not strictly in compliance with the provisions of this section.

(Code 1980, § 19-9(A)(14); Code 1995, § 86-496; Ord. No. 318, § 1, 7-5-1994)

Except as may be permitted as temporary facilities mobile homes are prohibited throughout the town.

(Code 1980, § 19-9(A)(16)(a); Code 1995, § 86-506)

(a)

No person shall park, store, or knowingly permit another person to park or store, any of the vehicles described in this section in or upon any right-of-way at any time within any residentially zoned district. The provisions of this division do not apply if the person having custody of a commercial vehicle, or a trailer coupled to it, or both, is actively and temporarily engaged in rendering a business or commercial service to the residential property next to the right-of-way.

(b)

The vehicles which shall not be parked or stored in or upon any such right-of-way are described as follows:

(1)

Any commercial vehicle, which is a vehicle self-propelled by a motor, rated at one ton capacity or greater, and which bears any sign or marking which advertises or identifies any business or commercial venture or which is used or designed for a business or commercial purpose.

(2)

Any mobile home, which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

(3)

Any boat, vessel or watercraft which is a small open or partially enclosed waterborne vessel moved by oars, paddles, sail or engine, designed to move through water carrying persons or goods which is used for boating, fishing, pleasure or aquatic sports.

(4)

Any trailer, which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.

(5)

Any bus, which is any motor vehicle used or originally designed for transporting ten or more passengers, whether or not such transportation is for compensation.

(6)

Any recreational vehicle unit, which is any vehicle designed or primarily used for recreational, camping, or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.

(7)

Any inoperable vehicle, which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

(c)

Any vehicles parked in a right-of-way in violation of this section may be towed, and the charges for towing and storage shall constitute a lien against such vehicle, as provided by state law. Enforcement personnel shall, as soon as practicable, give notice to the vehicle owner or operator of such removal and information as to its location.

(Code 1980, § 19-9(A)(9)(a); Code 1995, § 86-507)

(a)

No person shall park, store, or knowingly permit another person to park or store, vehicles described in this section upon any residentially zoned property at any time unless it is parked or stored within a garage or carport, or concealed or screened from any adjacent road and from any adjoining residential property by landscaping or fencing. Screened shall mean obscuring or concealing an area, nearby structure or use through the installation of walls, opaque fences, plant material or a combination thereof in a manner that conforms to the maximum height requirements as stated in section 125-475(h). Such opaque fencing shall be installed or erected within six months of the effective date of the ordinance from which this section is derived, for any such vehicle existing at the effective date of the ordinance from which this section is derived. For any vehicle described in this section, which is placed on any residentially zoned property subsequent to March 1, 2006, the fencing shall be placed, erected or constructed immediately upon placement of such vehicle on residentially zoned property. If landscaping is used as a screen, the landscaping must be a minimum height of 36 inches at time of installation. Such landscaping shall not exceed the maximum height as stated in section 125-475(h). Where such landscaping and/or screening is not possible, this requirement may be waived by the zoning board of adjustment on the filing of a written application for the request. Such application must set forth a hardship as defined in this chapter on the part of the applicant, and the granting of the waiver by the zoning board of adjustment must be based on such hardship.

(b)

The vehicles which shall not be parked or stored in or upon such property as noted above are described as follows:

(1)

Any commercial vehicle, which is a vehicle self-propelled by a motor, rated at one ton capacity or greater, and which bears any sign or marking which advertises or identifies any business or commercial venture; or which is used or designed for a business or commercial purpose.

(2)

Any mobile home, which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

(3)

Boat, vessel and/or watercraft which, by definition, is a small open or partially enclosed waterborne vessel moved by cars, paddles, sail or engine, designed to move through water carrying persons or goods which is used for boating, fishing, pleasure or aquatic sports. All boats located on private property must be properly parked or stored according to subsection (a) of this section and must be owned or leased by a resident of that property. However, in no event shall such waterborne vessel exceed an overall length of 30 feet, whether or not it is placed on a trailer. The aggregate length of the boat, vessel and/or watercraft and trailer shall not exceed 55 feet.

(4)

Trailers.

a.

Utility trailer. More than one utility trailer, which, by definition, is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle, not including boat or any similar type of vessel trailers. Such utility trailer shall not exceed an overall maximum height of ten feet and length of 20 feet.

b.

Boat or any similar type of vessel trailers. More than one boat or similar type of vessel trailer is allowed, but the aggregate lengths of the boats, vessels, and/or watercraft and trailers shall not exceed 55 feet.

(5)

Any bus, which is any motor vehicle used or originally designed for transporting ten or more passengers, whether or not such transportation is for compensation.

(6)

More than one recreational vehicle unit, which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters. Such recreational vehicle unit shall not exceed an overall maximum length of 45 feet.

(7)

Any inoperable vehicle, which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current tag is presumed to be inoperable.

(c)

Any of the vehicles listed in subsection (b) of this section which are existing as of March 1, 2006, shall be removed or brought into compliance with subsection (b) of this section within six months.

(d)

Recreational vehicles, panel trucks, pickup trucks, vans or similar types of trucks used for commercial purposes of not over one ton rated capacity, recreational boating and camping equipment in the form of travel and camping trailers, boat trailers, boats on trailers and truck trailers designed and used as temporary living quarters for recreational, boating, camping or travel uses, parked on a lot containing a single-family residence in any residential area within the town, shall be parked subject to the following conditions:

(1)

The equipment described in this subsection must be owned by and/or primarily by a resident of the premises; provided, however, that a guest of the resident of the premises, and the owned equipment described in this subsection, may park such equipment in the front yard driveway for not more than two consecutive days in any 30-day period. For the purpose of this subsection, any part of a 24-hour period, measured from 12:00 midnight to 12:00 midnight, shall be considered as one daylight.

(2)

The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line; provided, however, that such equipment is effectively screened on two sides from abutting properties. Screened shall mean obscuring or concealing an area, nearby structure or use through the installation of walls, opaque fences, plant material or a combination thereof in a manner that conforms to the maximum height requirements as stated in section 125-475(h). If landscaping is used as a screen, the landscaping must be a minimum height of 36 inches at time of installation and shall not exceed the maximum height as stated in section 125-475(h). Where such landscaping and/or screening is not possible, this requirement may be waived by the zoning board of adjustment on the filing of a written application for the request. Such application must set forth a hardship as defined in this chapter on the part of the applicant, and the granting of the waiver by the zoning board of adjustment must be based on such hardship.

(3)

Any of the vehicles or equipment described in this section may be parked in a garage or carport which is effectively screened on two sides; provided, however, that no portion of the vehicle or equipment shall extend beyond the roofline.

(4)

Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner, and the equipment shall be in a useable and operable condition at all times.

(5)

Such equipment shall at all times have attached a current vehicle registration license plate and, if required, a current inspection sticker.

(6)

No major repairs or overhaul work on such equipment which constitutes either a public or private nuisance shall be made or performed on the site.

(7)

None of the vehicles or equipment described in this section may be parked in the area between the street lot line and the structure nor in the right-of-way in front of the structure. However, one of the vehicles described in this section may be parked in the front yard driveway for a cumulative period not exceeding 36 hours in any one 30-day period.

(8)

These restrictions shall not apply to the parking of emergency vehicles, providing that the time parked is actually necessary for the emergency. Further, the restrictions shall not apply to volunteer emergency vehicles driven by residents of the town and parked on their property.

(e)

The provisions and conditions set forth in subsection (b) of this section are not intended to regulate the parking of vans or similar types of vehicles only used for personal transportation rather than commercial purposes.

(f)

In the case of doubt as to the proper classification of a specific vehicle under the terms of this section, the determination by the motor vehicle commission of the state shall be controlling. The body description and classification of the motor vehicle certificate of title shall be prima facie evidence of such determination.

(Code 1980, § 19-9(A)(9)(b); Code 1995, § 86-508; Ord. No. 333, § 1, 3-5-1996; Ord. No. 06-03, § 3, 2-21-2006)

(a)

It shall be unlawful for any owner, operator or person having custody of any vehicle described in this section to use, or permit the use of, any such vehicle for living or sleeping purposes while the vehicle is parked or stored anywhere and at any time within the town. It shall also be unlawful for an owner or occupant of land to knowingly permit such a vehicle to be parked or stored on property owned or occupied by him and used by another for such purposes in violation of this subsection.

(b)

The vehicles which shall not be used for living or sleeping purposes anywhere, or at anytime, within the town are as follows:

(1)

Any commercial vehicle, which is a vehicle self-propelled by a motor, rated at one ton capacity or greater which bears any sign or marking which advertises or identifies any business or commercial venture; or which is used or designed for business or commercial purposes.

(2)

Any mobile home, which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

(3)

Any trailer, which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.

(4)

Any bus, which is any motor vehicle used or originally designed for transporting ten or more passengers, whether or not such transportation is for compensation.

(5)

Any recreational vehicle unit, which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.

(6)

Any inoperable vehicle, which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

(Code 1980, § 19-9(A)(9)(c); Code 1995, § 86-509)

Any part or the whole of section 125-767 may be waived by the zoning board of adjustment on the filing of a written application for such action setting forth the reasons for the request. Such application must set forth a hardship on the part of the applicant, and granting of the request by the zoning board of adjustment must be based on hardship. Further, in granting of a variance to such section by the zoning board of adjustment, it shall be temporary in nature, in that such extended parking of the vehicle shall not exceed five consecutive days.

(Code 1980, § 19-9(A)(9)(d); Code 1995, § 86-510)

(a)

The building department and the police department are authorized to enforce the provisions of this section.

(b)

Any person violating the provisions of this division shall, upon conviction, be fined a fee of not less than $25.00 nor more than $100.00 for each violation and for each day such violation continues.

(Code 1980, § 19-9(A)(9)(e), (f); Code 1995, § 86-511)

It is the intent of this division that appropriate provision be made for manufactured housing in the town. However, it is further the intent to state that mobile homes utilized for dwelling purposes should be developed within a mobile home park or subdivision.

(Code 1995, § 86-521; Ord. No. 280, § 15(a), 1-7-1991)

The following development standards shall apply to all mobile home parks.

(1)

Minimum park area. Each mobile home park shall have a minimum park area of ten acres.

(2)

Density. Maximum density for a mobile home park shall not exceed six dwelling units per acre.

(3)

Access. Mobile home parks shall be designed for the safe and convenient movement of traffic into and out of the park in accordance with sound traffic engineering principles. All vehicular traffic into and out of the park shall be through such designated entrances and exits. Further, each park shall have direct access to a town arterial or road.

(4)

Utilities. Each mobile home park shall be served by central water and sewer systems. No individual water supply or sewage disposal system shall be permitted to any mobile home park. All utility distribution and collection systems including those for water, sewer, electricity, telephone, gas and cable television shall be located underground.

a.

Landscaped utilities easements may be provided along the rear of each mobile home site. Such easements, where provided, shall not be less than ten feet in width. No permanent structures other than pedestrian ways, benches, picnic area and lighting systems shall be located within such easements and permitted structures shall be located so as not to impede maintenance of the underground utility facilities. All utilities shall be located within such easements, if provided, or in easements adjacent to street pavements.

b.

Street lighting shall be installed which may be overhead or low level. The source of light shall not be visible beyond park boundaries and all light shall be reflected onto the street or pedestrian way.

(5)

Streets and off-street parking. The internal collector street serving the park for ingress and egress shall have a minimum pavement width of 26 feet. Internal minor streets shall have a minimum pavement width of 22 feet for two-way traffic, and 20 feet for one-way traffic. All streets in a mobile home park shall be private and shall comply with other applicable town paving and drainage standards. Two off-street parking spaces for each mobile home unit shall be provided. One additional space shall be provided for each 200 square feet of nonstorage floor area contiguous to offices, laundry facilities, recreation buildings and the like within the park.

(6)

Setbacks. The following setback requirements for all mobile homes located in a mobile home park shall apply:

a.

From all perimeter lot lines, 20 feet;

b.

From another mobile home located within the mobile home park, 15 feet;

c.

From any community building, 50 feet;

d.

From any interior road located within the park, 15 feet.

(7)

Other bulk standards. The maximum height of all structures shall be 25 feet. The total lot coverage of a mobile home site shall not exceed 30 percent of the area of the side. Mobile home placement at street intersections shall be on approximately wider lots to provide adequate sight distance for safety at intersections.

(8)

Recreation and open space. A minimum of ten percent of the gross site area shall be set aside as usable recreation and open space. For purposes of this section, no mobile home site, required buffer strips, street right-of-way storage areas, or utility easements shall be counted as open space in meeting this subsection. Recreational facilities shall be owned and operated by the park management unless such park is controlled by a homeowners' association or under condominium ownership.

(9)

Mobile home foundation and tiedowns. Each mobile home shall be placed on a foundation or tied down in accordance with the southern standard building code.

(10)

Other applicable codes. All other applicable requirements shall apply to a mobile home park.

(Code 1995, § 86-522; Ord. No. 280, § 15(b), 1-7-1991)

The following development standards shall apply to all mobile home subdivisions.

(1)

Applicability of subdivision regulations. A mobile home subdivision is treated the same as residential subdivisions and is subject to the standards and procedures of the town's subdivision and development regulations, except as specifically set out in this section.

(2)

Minimum mobile home subdivision area. Each mobile home subdivision shall have a minimum area of 25 acres.

(3)

Minimum individual lot area and width. Each lot shall comprise 5,000 square feet, 50 feet in width.

(4)

Density. Maximum density for a mobile home subdivision shall not exceed six dwelling units per acre.

(5)

Setbacks. The following setback requirements for a mobile home within a mobile home subdivision are applicable:

a.

Front: 15 feet.

b.

Side interior: Ten feet.

c.

Side corner: 15 feet.

d.

Rear: 15 feet.

(6)

Other bulk standards. Maximum height of all structures shall be 25 feet. The maximum lot coverage per individual lot shall be 30 percent.

(7)

Mobile home foundation and tiedowns. Each mobile home shall be placed on a foundation or tied down in accordance with the southern standard building code.

(8)

Other applicable provisions. Section 125-795(3), (4), (5), and (8) pertaining to mobile home parks shall apply to mobile home subdivisions. In addition, all other applicable requirements of this division or other town ordinances shall apply to a mobile home subdivision.

(Code 1995, § 86-523; Ord. No. 280, § 15(c), 1-7-1991)

It is the intent of this division that every building and use erected or instituted after the effective date of this Code shall be provided with adequate off-street parking facilities for the use of occupants, visitors, patrons, or employees. It is also the intent of this division that certain uses provide off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued as an accessory use so long as the main use is continued. This division applies to all zoning districts within the town. This division shall be in addition to the applicable regulations of article II of chapter 121.

(Code 1980, § 19-10(A); Code 1995, § 86-536)

The requirements of this division shall apply in the case of all new buildings and to all existing buildings which may be structurally altered or enlarged to cover any additional ground area. No building permit for the alteration of existing buildings or the construction of new buildings shall be issued unless and until the plan and specifications therefor show compliance with this division and no certificate of occupancy or certificate of zoning compliance shall be issued unless and until the required provisions for off-street parking and off-street loading have been completed. Plans submitted with applications for building permits shall accurately designate the required parking spaces, off-street loading facilities, access aisles, and driveways to the uses or structures such facilities are designed to serve and to the streets or thoroughfares abutting the property.

(Code 1980, § 19-10(A)(1); Code 1995, § 86-537)

(a)

For the purposes of this division, the term "off-street parking space" consists of a parking space having minimum dimensions of ten feet in width by 20 feet in length for the parking of each motor vehicle, exclusive of access drives or aisles thereto. No special provisions shall be made for compact cars other than in a parking space of the minimum dimensions as set forth in this section. Minimum width of each aisle designed and intended for the maneuvering of a motor vehicle into a parking space shall be determined by the angle of parking as shown in the parking lot dimension table and illustration of section 125-819. The parking plan shall be so arranged that each motor vehicle may be replaced and removed from the parking spaces assigned thereto and taken to and from the property without the necessity of moving any other motor vehicle to complete the maneuver.

(b)

No off-street parking spaces shall be located or established in any yard or setback area facing, fronting, or abutting on any street except in the Limited Commercial (LC) District, but such parking spaces may be located in any other yard or setback area. Where an off-street parking area required by any use other than a single-family or two-family residential use abuts land zoned single-family (SF), a hedge or fence of a type and dimensions to be specified by the zoning board of adjustment shall be required to separate the off-street parking area from the single-family (SF) zoned land.

(c)

Required yards and setbacks may be used for off-street parking in any residential zoning district, provided that access drives or aisles and turning spaces shall be located within the lot lines. Streets or sidewalk areas shall not be used for off-street parking purposes.

(d)

Where parking space is provided in open areas adjacent to or beneath any building, structure or portion thereof, such parking spaces shall be paved with asphalt or concrete, and it shall be unlawful for the owners or occupants of such building or structure to place on such parking area any furniture or other property that will obstruct or hinder the free use of such parking area.

(e)

For other than single-family uses, parking spaces for the handicapped shall be provided in all parking lots, garages, or other similar facilities. Such parking spaces shall be provided at the rate of five percent of the total number of required spaces and shall be at the dimension of not less than 12 feet by 20 feet each. These and all other standards regulating parking spaces for the handicapped shall be consistent with state laws regulating the same.

(f)

There shall be provided at the time of the erection of any main building or structure, or at the time that any main building or structure is enlarged by more than 25 percent of the square footage of the existing building structure, or increased in capacity by adding dwelling units, guestrooms, floor area or seats, minimum off-street motor vehicle parking spaces with adequate provisions for ingress and egress by a motor vehicle of standard size, in accordance with the minimum off-street loading and parking requirements set forth in each specified zoning district.

(g)

Parking spaces for all permitted uses shall be located on the same lot with the main building or structure to be served.

(h)

The plan for ingress and egress to and from off-street parking areas shall be subject to the approval of the town council and the governmental agency having jurisdiction over the adjacent roadway.

(i)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this division is derived that could not be built under the terms of this division, such structures may be continued so long as it remains otherwise lawful.

(j)

A certificate of occupancy for the given structure or premises shall be prohibited until the required parking area has been inspected and approved.

(k)

For other than single-family uses, each parking space shall be marked either by printed lines, precast curbs, or in a similar fashion so as to indicate the individual parking spaces.

(l)

Each parking site or lot shall be designed individually with reference to the size, street pattern, adjacent properties, buildings, and other improvements in the general neighborhood, number of motor vehicles to be accommodated, hours, and kinds of use.

(m)

When parking facilities for any type of structure are housed beneath a portion of a building, a plan shall be submitted to the town council for approval of interior traffic circulation, for parking stall and aisle dimensions, proper traffic control signing and pavement marking for a safe and efficient vehicular and pedestrian operation, for location of entrances and exits on public roads for approval of site distances at such entrances and exits and at corners of intersecting public streets and ways, and for approval of the effective screening of the motor vehicles located in or on the parking structures from adjoining properties, the same property, and from public streets.

(Code 1980, § 19-10(A)(2); Code 1995, § 86-538)

(a)

Dimensions are as follows:

Parking Lot Schematic:

Notes: All examples show 45-degree angle parking.

(b)

Wheel stops or curbs are required when the parking spaces face the property line.

(c)

A minimum backup distance of 20 feet is required between the property line and the first stall as shown in examples in the parking lot schematic.

(d)

Within the area formed by the right-of-way lines of intersecting streets, a straight line connecting points on such rights-of-way lines at a distance equal to the required setback for the applicable zoning district from their point of intersection, such connecting line extending beyond the points to the edge of the pavement, there shall be a clear space with no obstruction to vision. Fences, walls, or plantings shall be restricted to a height of 30 inches or less above the average grade of each street as measured at the centerlines thereof.

(Code 1980, § 19-10(A)(3); Code 1995, § 86-539)

Nonresidential uses placing required off-street parking areas on Forest Hill Boulevard shall separate such off-street parking areas from the paved portion of Forest Hill Boulevard by a 12-foot-wide planted strip, such plantings to be maintained at a height not to exceed 2½ feet. The number and width of curb cuts or driveway entrances into and from such off-street parking areas onto or from Forest Hill Boulevard shall be determined by the zoning board of adjustment. All nonresidential uses abutting Forest Hill Boulevard shall use the boulevard as the sole means of ingress and egress to required off-street parking.

(Code 1980, § 19-10(A)(4); Code 1995, § 86-540)

Two or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately. No part of an off-street parking area for any building or use shall be included as a part of an off-street parking area similarly required for another building or use.

(Code 1980, § 19-10(A)(5); Code 1995, § 86-541)

(a)

Off-street loading facilities are required by this division so that vehicles engaged in unloading will not encroach on or interfere with the public use of streets and alleys by automotive and pedestrian traffic and so that adequate space is available for the unloading and loading of goods, materials, or things for delivery. Off-street loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use.

(b)

An off-street loading space shall be an area at grade level at least 12 feet wide by 40 feet long with a 14-foot vertical clearance. Each such space shall be accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

(c)

Collective, joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby.

(d)

No facilities or area supplied to meet off-street parking requirements shall be utilized or deemed to meet requirements for off-street loading facilities.

(Code 1980, § 19-10(A)(6); Code 1995, § 86-542)

Required off-street loading space and required off-street parking space, together with the required access ways, for commercial uses shall be paved or blacktopped. Required off-street parking space and required off-street loading space for multifamily uses and for nonresidential uses other than commercial uses, if not paved or blacktopped, shall be surfaced with a smooth, hard dustless material and maintained at all times in a smooth, well-graded condition. All off-street loading and parking areas shall be so drained as not to cause any nuisance on adjacent property.

(Code 1980, § 19-10(A)(7); Code 1995, § 86-543)

The application of flexible land use controls to the development of land is often difficult or impossible to achieve within traditional zoning district regulations. In order to permit the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, it is necessary to establish planned unit developments in which development is in harmony with the general purpose and intent of this division and the goals, objectives and policies of the town comprehensive plan. However, such development will differ in one or more respects from the usual application of provisions from this division.

(Code 1995, § 86-556; Ord. No. 280, § 14(a), 1-7-1991)

The major objective of PUD is to encourage ingenuity, imagination and flexibility of design efforts on the part of builders, architects, site planners and developers in producing residential developments which are in keeping with density and open space objectives of this article while departing from the strict application of use, setback, height and minimum lot size requirements. The intent of this division is to permit such flexibility and provide performance criteria for PUD which:

(1)

Permits a creative approach to the development of residential communities;

(2)

Accomplishes a more desirable living environment than would be possible through the strict application of minimum requirements of this article;

(3)

Provides for an efficient use of land resulting in smaller networks of utilities and streets and thereby, lower housing costs;

(4)

Enhances the appearance of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation areas and open space in excess of existing zoning, subdivision, and comprehensive plan requirements;

(5)

Provides an opportunity for different approaches to home ownership; and

(6)

Provides an environment of stable character compatible with surrounding residential areas.

(Code 1995, § 86-557; Ord. No. 280, § 14(b), 1-7-1991)

Planned unit development is permissible as a special exception in the SF and MF districts, subject to the requirements of section 125-68 and any other conditions or safeguards determined by the town.

(Code 1995, § 86-558; Ord. No. 280, § 14(c), 1-7-1991)

A PUD shall have access to major roadways without creating traffic on local roads within the town. The PUD shall also be adequately served by public water and sewer systems consistent with the town's concurrency management requirements.

(Code 1995, § 86-559; Ord. No. 280, § 14(d), 1-7-1991)

The minimum land area required for a PUD shall be 15 acres for SF districts and ten acres for MF districts.

(Code 1995, § 86-560; Ord. No. 280, § 14(e), 1-7-1991)

In a planned unit development, all permitted uses within the applicable zoning district are permitted. All special exceptions within the applicable zoning district are permissible upon review by the zoning board of adjustment.

(Code 1995, § 86-561; Ord. No. 280, § 14(f), 1-7-1991)

(a)

Prior to final special exception approval, evidence of unified control of the entire site must be submitted to the building official. In addition, the applicant shall state agreement to:

(1)

Proceed with the proposed development in accordance with the PUD master plan as submitted and such conditions as may be attached to the special exception for PUD;

(2)

Provide agreements, contract, deed restrictions and sureties acceptable to the town for completion of the development according to the approved plans and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained by the town; and

(3)

Bind their successors in title to any commitments made under subsections (1) and (2) of this section.

(b)

All such agreements and evidence of unified control shall be examined by the town attorney, and no PUD shall be approved without a certification by the town attorney that such agreements and evidence of unified control meet the requirements of this division.

(Code 1995, § 86-562; Ord. No. 280, § 14(g), 1-7-1991)

A PUD shall be processed under the same procedures as other special exceptions with the following additional requirements:

(1)

Master plan locations and the acreage of each component thereof of the different uses proposed by dwelling types, open space designations, recreational facilities, commercial uses and other permitted uses, and off-street parking and loading locations;

(2)

Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic;

(3)

Preliminary schedules of development, including the staging and phasing of areas to be developed, in order of priority, the construction of streets, utilities and other improvements necessary to serve the proposed development, the dedication of land to public use and physical recreation facilities;

(4)

The number of residential units proposed, their general location, number of stories, indicating those areas to be owner occupied and those to be renter occupied;

(5)

Preliminary statements indicating how the problems of maintenance and ownership of common facilities will be resolved; and

(6)

Any additional material that the town may require including plans, maps, studies and reports to make necessary determination that the applicable standards and guidelines have been complied with.

(Code 1995, § 86-563; Ord. No. 280, § 14(h), 1-7-1991)

The following design standards and performance criteria are minimums to be used in the development of a PUD:

(1)

Access. Vehicular access drives throughout a PUD site shall be paved to a minimum of 24 feet.

(2)

Height. The maximum height in the SF shall be 30 feet. The maximum height in MF districts shall be 45 feet.

(3)

Internal yard and bulk requirements. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that no structure shall be located closer to any peripheral property line than two times the height of such structures and the following spacing requirements: The distance between any two buildings comprising multiple-family dwellings and group housing structures shall be 20 feet for one-story buildings; 25 feet for two-story buildings and 30 feet for three or more stories.

(4)

Open space. Required open space shall comprise a minimum of 30 percent of the total gross acreage of the PUD. The applicant may be given open space credit for privately owned water bodies not to exceed 20 percent of the total required open space.

(5)

Privacy. Buildings greater than one-story shall be located in such a manner as to not invade the privacy of occupants in single story buildings.

(6)

Service and emergency access. Access and circulation systems shall adequately provide for firefighting equipment, furniture moving vans, and refuse collections and deliveries.

(7)

Underground utilities. All areas of the PUD shall provide for underground installation of all utilities including power and telephone. Provision shall be made for acceptable design and construction of storm sewer facilities, including grading, gutters, piping and treatment of turf to handle stormwaters, prevent erosion and the formation of dust.

(8)

Off-street parking and loading. All planned unit developments shall comply with the applicable parking and loading requirements found in section 125-816.

(Code 1995, § 86-564; Ord. No. 280, § 14(i), 1-7-1991)

All swimming pools shall be installed to town requirements, and a permit shall be required and approved by the building inspector prior to construction or installation. All sanitation requirements of the state shall be met. Commercial swimming pools are prohibited.

(Code 1995, § 86-596)

(a)

If roofed or enclosed, by screening or otherwise, swimming pools shall conform to yard requirements. If not roofed or enclosed, the water's edge of the pool shall not be closer than ten feet from side lot line, ten feet from any easement or rear lot line; provided, however, that the following shall apply to lots shown upon subdivision plats approved after January 1, 1980:

(1)

All swimming pools shall conform to front and side yard requirements for such lots.

(2)

If roofed or enclosed, by screening or otherwise, the outside wall of the enclosure may be a minimum of ten feet from the rear lot line or any easement line, whichever is more restrictive.

(3)

If not roofed or enclosed, the water's edge of the pool may be a minimum of 7½ feet from the rear lot line or any easement line, whichever is more restrictive.

(b)

Unless the pool is entirely screened or enclosed, it must be surrounded by a protective wall or fence, which conforms to Section 125-475(i). A pool adjacent to a canal, lake or waterway may utilize this water in lieu of a protective wall or fence on that side only.

(c)

Swimming pools shall be considered an accessory use.

(Code 1980, § 19-9(A)(6)(a)—(c); Code 1995, § 86-597; Ord. No. 05-05, § 1, 9-20-2005; Ord. No. 08-03, § 7, 11-18-2008; Ord. No. 21-04, § 1, 9-13-2021)

The principal purpose of zero lot line development is to permit an alternate development mechanism that provides: the more efficient use of land as compared with the typical single-family development; the design of dwellings that integrate and relate internal-external living areas resulting in more pleasant and enjoyable living facilities; and permits outdoor space to be grouped and utilized to its maximum benefit due to the placement of the dwelling against one of the property lines.

(Code 1995, § 86-611; Ord. No. 280, § 13(a), 1-7-1991)

Zero lot line development is permissible as a special exception in the SF and MF districts, subject to the provisions in section 125-68.

(Code 1995, § 86-612; Ord. No. 280, § 13(b), 1-7-1991)

Detached single-family dwellings on individually platted lots including customary accessory uses not inconsistent therewith are permitted under this development approach. Fencing, walls, trellises and other similar uses can be used as connecting elements between one-family dwellings on adjacent lots, subject to site plan review.

(Code 1995, § 86-613; Ord. No. 280, § 13(c), 1-7-1991)

Each lot shall have an area of 7,500 square feet for parcels zoned SF, and 5,000 square feet for parcels zoned MF.

(Code 1995, § 86-614; Ord. No. 280, § 13(d), 1-7-1991)

Minimum yard requirements shall be as follows:

(1)

Interior side yard. The dwelling unit shall be placed on one interior side property line with a zero setback. The dwelling unit setback on the other interior side property line shall be 15 feet. A side corner setback shall be 20 feet. Patios, children's play areas and play equipment shall be permitted in the interior side yard setbacks. Accessory buildings and pools shall be located in the rear yard.

(2)

Front setback. All dwellings shall be set back a minimum of 25 feet from the front property line.

(3)

Rear setback. All dwelling structures, accessory structures and uses shall be set back a minimum of 15 feet from the rear property line.

(Code 1995, § 86-615; Ord. No. 280, § 13(e), 1-7-1991)

All dwellings and their accessory buildings and structures shall have a minimum lot coverage of 35 percent in the SF district and 45 percent in the MF district.

(Code 1995, § 86-616; Ord. No. 280, § 13(f), 1-7-1991)

All other yard, bulk and district requirements shall apply to zero lot line development.

(Code 1995, § 86-617; Ord. No. 280, § 13(g), 1-7-1991)

The wall of the dwelling unit located on the lot line shall have no windows, doors, air-conditioning units or any other type of openings; provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line. Such wall shall be constructed of the same material as exterior walls of the unit.

(Code 1995, § 86-618; Ord. No. 280, § 13(h), 1-7-1991)

A perpetual four-foot maintenance easement shall be provided on the lot adjacent to the zero lot line property line. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Walls and fences shall be maintained in their original color and treatment unless otherwise agreed to, in writing, by the affected lot owners.

(Code 1995, § 86-619; Ord. No. 280, § 13(i), 1-7-1991)

Common open space is not required but may be permitted. Such open space may be used for parks, playgrounds or other recreational uses. Land utilized for such purpose shall be restricted by appropriate legal instrument satisfactory to the town attorney to ensure that such open space and facilities shall be maintained in a satisfactory manner without expense to the general taxpayers of the town.

(Code 1995, § 86-620; Ord. No. 280, § 13(j), 1-7-1991)

Each dwelling shall be located on its individual platted lot. If access for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in section 125-925. The plat shall indicate the zero lot lines and easements appurtenant thereto.

(Code 1995, § 86-621; Ord. No. 280, § 13(k), 1-7-1991)

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:

Medical marijuana treatment center means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the state department of health.

(Code 1995, § 86-641; Ord. No. 17-06, § 1(86-641), 10-10-2017)

Medical marijuana treatment center dispensing facilities shall be banned within the boundaries of the town. Nothing in this section shall be construed to prohibit the medical use of marijuana or low-THC cannabis by a qualifying patient pursuant to state law.

(Code 1995, § 86-642; Ord. No. 17-06, § 1(86-642), 10-10-2017)

(a)

Green markets are permitted to promote locally grown food and agriculturally related products including local produce, flowers, prepared foods and handcrafted items.

(b)

Green markets are intended to promote healthy living through locally produced and grown food and agriculturally related products.

(c)

These regulations are to insure that green markets complement adjacent land uses and do not have negative impacts on nearby properties.

(Ord. No. 19-04, § 2, 12-10-2019)

(a)

Farm products are items sold at a green market from a producer. Farm products shall include, but are not limited to, agricultural products such as fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese and other dairy products) and seafood.

(b)

Green market is a retail sales use that primarily sells farm products and value-added farm products directly to consumers. Green markets may include indoor and outdoor displays and sales. A green market shall be permitted only in the Single-Family Residential (SF) District as an accessory use to a church or other religious center.

(c)

Handcrafted is an item or product that is made primarily by hand utilizing the skill of a craftsman and not a mass produced item.

(d)

Market manager is a person or organization that manages the operation of a green market, assigns space to producers and vendors, directs the maintenance of the premises and records and performs related duties as required.

(e)

Producer is a person or entity that (1) raises or produces farm products on the land that the person or entity farms and owns, rents, or leases; or (2) a person or entity that creates (by cooking, canning, baking, preserving, roasting, etc.) value-added farm products.

(f)

Value-added farm product is a product processed by a producer from a farm product, including but not limited to baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee and other beverages, smoked or canned meats or fish, sausages, or prepared foods.

(g)

Vendor is a farmer or other person designated as having the right to participate in a green market.

(Ord. No. 19-04, § 2, 12-10-2019)

Green markets may be permitted by special exception in the Single-Family Residential (SF) District as an accessory use to a church or other religious center.

(Ord. No. 19-04, § 2, 12-10-2019)

(a)

Setbacks.

1.

Outdoor green market structures, including display stands, booths, tables, and stalls shall be setback no less than 25 feet from adjacent residential property lines.

2.

Structures, including display stands, booths, tables and stalls shall be setback at least 25 feet from a street right of way and shall not be situated such that it interferes with any clear sight triangle, vehicular or pedestrian traffic.

(b)

Area/coverage. The retail sales area of a green market shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and or outdoor areas as listed above. Green markets shall have no more than 75 vendors or a retail sales area of no greater than 12,500 square feet.

(c)

Height. Outdoor green market structures shall be in conformance with building height regulations for principal structures of the zoning district in which it is located.

(d)

Parking.

1.

Off-street parking shall be provided at the rate of one space per each 150 (one booth) square feet of retail sales area.

2.

An application for a special exception to operate a green market shall include a parking plan showing the number and location of all parking spaces. The parking plan shall include locations used for loading and unloading products and for the parking of vendor vehicles.

3.

No vehicles shall block access to neighboring properties or traffic flow while unloading and loading material.

4.

Vehicles used for unloading and loading products shall be parked on the premise only on the day(s) of operation of the green market.

5.

Vendor parking must be in a dust free area but can be parked on grass. Patron parking must be on an all weather dust free surface.

6.

The ingress/egress shall be improved with a dustless surface.

(e)

Hours of operation. Hours of operation, including set up and removal of all displays and products, shall be established at the discretion of the town council and shall protect neighbors from light, noise, disturbance and interruption. No green market shall operate more than one day per week and for more than six hours per day.

(f)

Market operations.

1.

During all hours of operation, green markets shall have an on-site market manager authorized to direct the operations of all vendors and otherwise direct all aspects of the green market.

2.

Green markets shall have an established set of operating rules addressing the governance structure of the green market and hours of operation.

3.

At least 80 percent of the products for sale shall be farm products or value-added farm products. At least 30 percent of the vendors regularly participating during the market's hours of operation shall be producers, or family members or employees of producers.

4.

There shall be no use of public address systems or amplification equipment with outdoor green market activities. Acoustic entertainment may be allowed if un-amplified and more than 100 feet from any home.

5.

All temporary structures used for outdoor green markets shall be removed on the same day of operation.

6.

All applications for special exception shall include a plan for the cleanup of litter. Exterior trash receptacles shall be provided for all outdoor green markets. All trash generated from a green market shall be disposed of immediately following the closing of the operation.

7.

Green markets shall not obstruct a sidewalk or path that is part of a pedestrian or bicycle transportation system.

8.

The operator of the green market shall not lease space to or permit vendors to conduct business at the green market unless the vendor's principal place of business, home or farm is located within 200 miles from the town. Green markets and their vendors shall receive all required operating and health permits and licenses from the State of Florida or local health department. These permits/licenses (or copies) shall be in the possession of the green market manager or the vendor, as applicable, on the site of the green market during all hours of operation.

9.

A site plan shall be submitted with the special exception application showing all existing improvements on the property, existing off-street parking areas and driveways (including traffic control patterns) and the specific area (dimensioned) of the property to be occupied by the green market.

10.

The town will initially require the market manager to purchase a police special detail from the Lake Clarke Shores Police Department to help with traffic control, parking, and crowd control. The special detail officer will be on site during the operating hours of the market (estimated to be 9:00 AM to 1:00 PM). This requirement may be waived or reduced after five months of operations based on a recommendation from the chief of police.

(Ord. No. 19-04, § 2, 12-10-2019)

No radio or television antennas shall extend more than ten feet above the height of the roofline of the residential dwelling, and apartment, professional or commercial building.

(Code 1980, § 19-9(A)(16)(c)2; Code 1995, § 86-386)

Amateur radio antennas or other communication antenna systems shall not extend more than 35 feet above the ground level, except for those amateur radio operators which are licensed by the Federal Communications Commission (FCC) and also are members of the amateur radio emergency service (ARES) and/or the county amateur radio council, and except for certain governmental radio transmission facilities licensed by the FCC, all of which shall be governed by the regulations set forth in section 125-584.

(Code 1980, § 19-9(A)(16)(c)3; Code 1995, § 86-387)

(a)

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

Accessory use means a secondary use including a use that is related to, incidental to, subordinate to and subservient to the main use of the property on which an antenna and/or telecommunication tower is sited.

Alternative tower structure means a design mounting structure that camouflages or conceals the presence of an antenna or tower. For example, manmade trees, clock towers, bell steeples, light poles, flagpoles, utility poles and similar alternative designs. An antenna mounted on a utility pole shall be subject to all requirements as stated in this section.

Antenna means a transmitting and/or receiving device mounted on a tower, building or structure and used in telecommunications (personal wireless services) that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies including, without limitations, 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.

Backhaul network means the lines that connect a provider's towers/cell site to one or more cellular telephone switching offices, the public switched telephone network and/or long distance providers.

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

Essential service means those services provided by the town and other governmental entities that directly relate to the health and safety of its residents, including fire, police, and rescue.

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

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Fair market value means the price at which a willing seller, or tower operator, and willing buyer, or service provider seeking to rent the space on operator's tower, will trade.

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

Height when referring to a tower or other structure, means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Microwave dish antenna means a dish-like antenna used to link communication (personal wireless service) sites together by wireless transmission of voice or data.

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

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

Operator means an individual, partnership, association, joint-stock company, trust or corporation engaged in the control and maintenance of all instrumentalities, facilities and apparatus incidental to wireless telecommunication transmission, including, but not limited to, a tower, antennas, associated buildings, cabinets and equipment. For purposes of this section, an operator may or may not hold a sublease, license or title to the lot on which a tower is sited.

Pre-existing towers and pre-existing antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance from which this section is derived, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Provider means an individual, partnership, association, joint-stock company, trust or corporation, holding a license of the proper class, as prescribed and issued by the FCC, and authorized to offer telecommunications services to the public through radio transmission. A provider is not necessarily an operator, as defined in this section, though a provider may obtain a license or lease space or equipment from a telecommunications facilities operator.

Public property means only that property owned by the town.

State of the art means existing technology where the level of facilities, technical performance, capacity, equipment, components and service equal to that developed and demonstrated to be more technologically advanced than generally available for comparable service areas in South Florida.

Stealth facility means any telecommunications facility which is designed to blend into the surrounding environment. For example, architecturally screened roof mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and communication towers designed to look like light poles, power poles, flag poles or trees.

Telecommunications facility means a facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting towers, other supporting structures, and associated facilities used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service.

Telecommunications services means the offering of telecommunication (or the transmission, between or among points, specified by the user to 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. Personal wireless communication services shall not be considered as essential services, public utilities or private utilities.

Telecommunications towers means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmission or reception of radio waves essential to providing personal wireless services, telephone, radio and similar communication services, including lattice, monopole and guyed towers. The term "telecommunications tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, among others.

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

(b)

Applicability.

(1)

New towers and antennas. All new towers or antennas in the town shall be subject to these regulations, except as provided in subsections (2) and (3) of this section, inclusive.

(2)

Broadcasting facilities/amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is for the use of a broadcasting facility or is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas purposes.

(3)

Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section.

(c)

General requirements/minimum standards. Applicants regulated by this section may request a pre-application conference with the town. Such request shall be submitted with a nonrefundable fee to reimburse the town for the cost and fees incurred by the conference. This fee shall be paid as established by town resolution and amended from time to time by resolution. Every new telecommunications tower and antenna shall be subject to the following minimum standards:

(1)

Lease required. Any construction, installation or placement of a telecommunications facility on any property owned, leased or otherwise controlled by the town shall require a lease agreement executed by the town and the operator of the facility prior to issuance of any building permit. The town may require, as a condition of entering into a lease agreement with a telecommunications service provider, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Town-owned equipment, if available, shall be utilized for transmission. Any dedications and improvements shall be negotiated prior to execution of the lease.

(2)

Principal or accessory use. Uses of antennas and towers may be considered either principal or accessory. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(3)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with the town zoning code, 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 tower may be located on leased parcels within such lot.

(4)

Inventory of existing sites.

a.

Each applicant shall review the inventory of existing towers, antennas, and approved sites within a three-mile radius of the proposed town controlled site. All requests for sites shall include specific information about the proposed location, height, and design of the proposed tower. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town that no existing tower, structure or state of the art technology that does not require the use of new towers or new structures can accommodate, or be modified to accommodate, the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower, structure or state of the art technology that does not require the use of new towers or new structures can accommodate, or be modified to accommodate, the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower, structure or state of the art technology is suitable shall consist of any of the following:

1.

An evaluation of the feasibility of sharing a tower, indicating that existing towers or structures located within the geographic search area as determined by a radio frequency professional 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.

Existing towers or structures are not of sufficient height to meet applicable FCC requirements.

3.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4.

The applicant's proposed antenna would cause electromagnetic/radio frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would case interference with the applicant's proposed antenna.

5.

The fees, costs, or contractual provisions required by the operator in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

6.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

7.

The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of the applicant's FCC license, is unsuitable. Costs of state of the art technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

b.

If it is found that no existing tower sites are capable of accommodating an applicant's proposed equipment and system, such an applicant shall apply to locate its facilities on town-controlled property.

c.

The town may share such information regarding the inventory of existing sites with other applicants applying for a permitted use on private property and special exception use under this section or other organizations seeking to locate antennas or towers within the jurisdiction of the town; provided, however, that the town is not, by sharing such information, in any way representing or warranting that such information is accurate or that such sites are available or suitable.

(5)

Engineering report. All applicants for new towers and antennas which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the state, although other professionals, such as architects, planners, surveyors, etc., may also be involved in the preparation of the report. The report shall include:

a.

A site development plan, drawn to scale, including without limitation, a legal description of the parent tract and leased parcel, if applicable, on-site and adjacent land uses, master plan classification of the site, a visual impact analysis and photo digitalization of the tower and all attachments including associated buildings and equipment containers at the property line, 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.

b.

If applicable, a narrative of why the proposed tower cannot comply with the requirements as stated in this section.

c.

The type of tower and specifics of design.

d.

The current wind-loading capacity and a projection of wind-loading capacity using different types of antennas as contemplated by the applicant. No tower shall be permitted to exceed its wind loading capacity.

e.

A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and non-residential properties.

f.

A statement of compliance with all applicable building codes, associated regulations and safety standards as provided in subsection (c)(9) of this section. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate three users and, at a minimum, self-support/lattice or guyed towers shall be able to accommodate four users.

g.

Any additional information deemed by the town to be necessary to assess compliance with this section.

(6)

Co-location. Pursuant to the intent of this section, co-location of telecommunication antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunication towers. Accordingly, in addition to submitting the information required in subsection (4) of this section, each application shall include a written report certified by a professional engineer licensed to practice in the state, stating:

a.

The geographical service area requirements;

b.

Mechanical or electrical incompatibility;

c.

Any restrictions or limitations of the FCC that would preclude the shared use of the tower; and

d.

Any additional information required by the town.

Other professionals may also be involved in the preparation of the report. If the town does not accept the full evaluation, the time in which an application is processed pursuant to this section shall be tolled pending further evaluation. However, no application shall be held open for more than one year and any application pending for more than one year shall be considered void and as if the application had been withdrawn.

(7)

Co-location; tenant rental fees. Pursuant to the intent of this section, the town shall provide the following incentives to service providers:

a.

The review of all applications submitted by providers seeking to co-locate on a pre-existing tower or to rent space on a proposed new tower, shall be completed by the town no more than 30 days following the filing of a completed application as provided in this section.

b.

Tower operators regulated by this section shall not charge providers seeking to co-locate on the tower in excess of the fair market value for the space, as determined at the time of the request for co-location. In the event of a dispute, the parties shall select an independent appraiser to determine fair market value. If the parties cannot agree on the selection of an appraiser, the town shall select an appraiser. All appraisals shall be performed at the expense of the parties.

(8)

Aesthetics. Towers and antennas shall meet the following requirements:

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standard of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact.

c.

All tower sites must comply with any landscaping requirements of this Code and all applicable requirements of the town, and the town may require landscaping in excess of those requirements in order to enhance compatibility with adjacent residential and non-residential land uses. All landscaping shall be properly maintained to ensure good health and viability at the operator's expense. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound consisting of the telecommunications tower and antennas, backhaul network and any structure or equipment cabinet, from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. In locations where the visual impact of the tower would be minimal, including, but not limited to, those instances where a stealth facility is installed, the landscaping requirement may be reduced or waived. Existing mature tree growth and natural land limited to, zoning codes, building codes, and safety codes, and as provided in subsection (c)(14) of this section. All construction, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. All telecommunication towers and antennas must meet 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 town. If such applicable standards and regulations require retroactive application, then the operators of the towers and antennas governed by this section 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 a 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 tower or antenna at the operator's expense.

(9)

Building codes; safety standards.

a.

To ensure the structural integrity of towers, the operator shall construct and maintain the tower in compliance with the South Florida Building Code, or its successor, and all other applicable codes and standards, as amended from time to time. A statement shall be submitted by a professional engineer certifying compliance with this subsection. Where a pre-existing structure, including light and power poles, is requested as a stealth facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this section. Prior to the issuance of a building permit, the town shall require an analysis of a soil sample from the base of the tower site.

b.

If, upon inspection, the town concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the operator of the tower, the operator shall have no more than 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the operator's expense.

(10)

Warning signs. Notwithstanding any contrary provisions of the town's zoning code, and in addition to other state and/or federal requirements, the following shall be utilized in connection with any tower or antenna site, as applicable.

a.

If high voltage is necessary for the operation of the communication tower or any accessory structures, "High Voltage—Danger" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart.

b.

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

c.

The height of the lettering of the warning signs shall be at least eight inches in height. The warning signs shall be installed at least five feet above the finished grade.

d.

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

(11)

Security fencing. Towers and antennas shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the town may waive or modify such requirements. For instance, the town may require an eight-foot-high fence in lieu of barbed wire.

(12)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the town irrespective of municipal and county jurisdictional boundaries.

(13)

Non-essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential service, public utilities, or private utilities.

(14)

Franchises/licenses. Operators of towers or antennas shall certify that all franchises/licenses required by law for the construction and/or operation of a wireless communication system in the town have been obtained and shall file a copy of all required franchises/licenses with the town.

(15)

Public notice. For purposes of this chapter and notwithstanding any other requirements with regard to public notice in the town's zoning code, any request for special exception shall require a public hearing that shall be advertised at least seven days before the public hearing in the newspaper of general circulation and readership in the municipality. Notice of a request for special exception, as well as notice of any hearing to consider a lease where a telecommunications tower is a permitted use, shall be mailed to all affected property owners within 500 feet of the subject property prior to the public hearing. If approved, the operator of any tower approved for shared use shall provide notice of the location of the tower and the tower's load capacity to all other providers regulated by this section. All costs related to the public notice shall be paid by the applicant.

(16)

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna or tower, or on the fence or within the facility, except as otherwise provided for herein or by state or federal law.

(17)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of the town's building code.

(18)

Inspections; reports; fees.

a.

Telecommunications towers operators shall submit a report to the town certifying structural and electrical integrity every two years. The report shall be accompanied by a nonrefundable fee as established by town resolution and amended from time to time by resolution, to reimburse the town for the cost of review. The report shall include a thorough discussion on the state of the art telecommunications facilities available at the time of the report.

b.

The town may conduct periodic inspection of telecommunications towers, at the operator's expense, to ensure structural and electrical integrity and compliance with the provisions of this section. The town may require more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the tower is jeopardized.

(19)

Height. Notwithstanding anything contained herein to the contrary, a telecommunications tower permitted pursuant to this chapter shall not exceed a height of 100 feet.

(d)

Permitted uses on public property.

(1)

General. The uses listed in this section apply specifically to all wireless telecommunications antennas and towers located on property owned, leased, or otherwise controlled as specified in subsection (c)(1) of this section by the town, provided a lease agreement pursuant to subsection (c)(1) of this section has been approved by the town. The town reserves the right to modify or waive the requirements for use on public property, but shall not be required to provide access to town property. A determination whether to grant or deny a waiver request shall be made in accordance with standards to be adopted by administrative regulation of the town. No wireless telecommunications antenna or tower shall be permitted in Pine Tree Park.

(2)

Uses. All applicants shall first submit a letter of intent and all other information as stated in subsection (c) of this section to the town manager's office, and submit a fee as established by town resolution and amended from time to time by resolution. The application shall be reviewed within 30 days from the submission of a completed application. The town council is authorized to execute lease agreements and waive requirements as provided in subsection (c) of this section on behalf of the town. The uses permitted under this section are as follows:

a.

Rooftop mounted communication towers and antennas.

1.

The height, including support structures, shall not extend more than 30 feet above the average height of the surrounding grade;

2.

Screening shall be required to minimize the visual impact upon adjacent properties;

3.

No more than one tower (which may have more than one user) shall be located on a single lot or single building site;

4.

Rooftop communication towers shall not adversely affect adjacent properties.

b.

Towers and/or antennas constructed pursuant to the section shall be a minimum distance of 30 feet from residential property.

c.

No lease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the town for delivery of telecommunications services or any other purpose.

d.

No lease granted under this section shall convey any right, title or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purposes and terms stated in the license. No lease shall be construed as a conveyance of a title interest in the property.

(e)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the operator of such antenna or tower shall remove the same within 90 days of receipt of notice from the town notifying the operator of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds to remove the tower or antenna at the operator's expense. If there are two or more users of single tower, then this provision shall not become effective until all users cease using the tower.

(f)

Nonconforming uses.

(1)

Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)

Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section.

(3)

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding subsection (e) of this section, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a permit and without having to meet the separation requirements specified in subsection (d) of this section. The type, height, and location of the tower on-site shall be of the same type and of equal or less intensity as the original facility approval. 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 tower or antenna shall be deemed abandoned as specified in subsection (e) of this section.

(g)

Indemnification and insurance.

(1)

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

a.

Release the town from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the communications facility. Each communications facility operator must further agree not to sue or seek any money or damages from the town in connection with the above-mentioned matters;

b.

Indemnify and hold harmless the town, 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 town or any third party arising out of, or by reason of, or resulting from or to each communications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions.

c.

Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify.

(2)

Insurance. The town shall not enter into any lease agreement until and unless the town obtains assurance that such operator (and those acting on its behalf) have adequate insurance. At a minimum, the following requirements must be satisfied:

a.

A telecommunications facility operator shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the town clerk of the town, nor shall a communications facility operator allow any contractor or subcontractor to commence work on its contract or sub-contract 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 communications facility is in existence. If the operator, its contractors or sub-contractors do not have the required insurance, the town may order such entities to stop operations until the insurance is obtained and approved.

b.

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the town clerk. 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.

c.

These certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days' prior written notice has been given to the town. Policies shall be issued by companies authorized to do business under the laws of the state.

d.

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 town, then in that event, the communications facility operator shall furnish, at least 30 days' prior to the expiration of such insurance, a renewed certificate of insurance evidencing equal and like coverage for the balance of the period.

(3)

Comprehensive general liability. A communications facility operator and its contractors or subcontractors engaged in work on the operator's behalf, shall maintain minimum insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, and certain contracts. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the town and the telecommunications facility operator.

(h)

Security fund. Every telecommunications service provider whether on public or private property shall establish a cash security fund, or provide the town with an irrevocable letter of credit in the same amount, to secure the payment of removing an antenna or tower that has been determined to be abandoned, in the event the operator is not in compliance with subsection (e) of this section. The amount to be provided for each tower shall be $25,000.00; the amount for each additional co-locator's antenna array shall be $5,000.00. In the alternative, at the town's discretion, an operator may, in lieu of cash security fund or letter of credit, file and maintain with the town a bond with an acceptable surety in the amount of $25,000.00 and $5,000.00 for each additional co-locator's antenna array. The operator and the surety shall be jointly and severally liable under the terms of the bond. In the alternative, at the town's discretion, an operator may, in lieu of the cash security fund, letter of credit or bond, file with the town a corporate guarantee in a form acceptable to the town to be used as security fund. Where the town agrees to accept a corporate guarantee in lieu of a cash security fund, an operator shall agree to provide the town with a grant in the amount no less than $25,000.00 and $5,000.00 for each additional co-locator's antenna array and prior to the commencement of construction, modification or installation of any facility.

(i)

Penalties. Any person, firm or corporation who knowingly breaches any provision of this section shall upon receipt of written notice from the town be given a time schedule to cure the violation. Failure to commence to cure within 30 days and to complete cure, to the town's satisfaction, within 60 days, or such longer time as the town may specify, shall result in revocation of any permit or license and the town shall seek any remedy or damages to the full extent of the law.

(Code 1995, § 86-388; Ord. No. 01-02, § 3, 8-7-2001; Ord. No. 04-02, § 2(exh. A), 2-17-2004)

Poles, masts and towers for supporting antenna used in the operation of amateur radio stations licensed by the FCC shall be excepted from the regulations of subdivision I of this division and shall be governed by the requirements of this division.

(Code 1980, § 19-9(A)(17); Code 1995, § 86-401)

All such poles, masts and towers shall be placed no closer than ten feet to an official right-of-way line or to property under different ownership, or closer than five feet to an easement. If the beam (array) type of antenna is installed, no element or part of such beam type array antenna shall extend closer than ten feet to an official right-of-way line and/or the property under different ownership or closer than five feet to an easement.

(Code 1980, § 19-9(A)(17)(a); Code 1995, § 86-402)

All such installations shall conform to the requirements of the state building code and the FCC regulations governing amateur radio services. State building code installation must maintain a minimum of eight feet clearance from power lines over 250 volts and all high voltage primary lines, and this includes the beam elements or any part thereof.

(Code 1980, § 19-9(A)(17)(b); Code 1995, § 86-403)

Permits shall be required for installation of any poles, masts or towers over ten feet above the roof of any structure to which they may be attached, and for any installation over 35 feet in height when erected on natural ground. Where permits are required, they shall be obtained from the building official; and applications for permits shall be accompanied by plans and specifications, three copies, showing all dimensions, size and kind of members, footings and guy wires, if any; location, depth and type of guy anchors and footings, if any; and showing the type and weight of antenna, apparatus or supported by the structure.

(Code 1980, § 19-9(A)(17)(c); Code 1995, § 86-404)

Poles shall be of the approved creosote type or treated or painted with a chemical preservative and an outer coat of oil base paint before installation. The color shall match the surrounding development.

(Code 1980, § 19-9(A)(17)(d); Code 1995, § 86-405)

(a)

Recommended sizes and depths of holes for various type poles, subject to good engineering standards:

(b)

If the earth is damp or soggy, the depth of hole is to be increased by one foot.

(c)

If the pole is guyed in accordance with American Standards Association standards, the depth of hole as listed in such code can be decreased by one foot. If carrying a beam, poles must be properly guyed, as is the case where the pulling effect of wire antenna or weight of other installations will require guying.

(Code 1980, § 19-9(A)(17)(e); Code 1995, § 86-406)

Masts constructed of wood (two inches by two inches or four inches by four inches) for either the A-frame type construction or straight masts shall be properly chemically treated, painted with an outside coat of oil base paint and be properly guyed both at the top and middle in at least three different directions, approximately 120 degrees apart, or otherwise suitably guyed. Masts to support a beam, whether of wood or metal pipe, must comply with all the regulations applicable in regard to location, guying, etc., and the maximum allowable weight of antenna, rotator and components shall not exceed 150 pounds.

(Code 1980, § 19-9(A)(17)(f); Code 1995, § 86-407)

Towers of steel, iron or aluminum, whether of the rigid nondemountable type or the rigid, demountable type with the crank-up, crank-down and either the hinge based or swivel crank-over features shall carry no more weight on the top than specified by the manufacturer's specifications.

(Code 1980, § 19-9(A)(17)(g); Code 1995, § 86-408)

All poles, masts or towers and structures used for antennas under this subdivision, which exceed 35 feet in height above the roof of any structure shall be subject to the following requirements.

(1)

If the top of such poles, masts or towers are higher above their foundation, or the foundation of the structure on which they are erected, than 90 percent of the horizontal distance from its base or projected base to the nearest point on adjacent property under different ownership or to the nearest edge of an official right-of-way, then no permit shall be issued for such installation unless a waiver is obtained from each and every owner of adjacent property that the structure could fall upon.

(2)

In calculating the height of demountable type towers, the top of the lower rigid section shall be considered the top for the purposes of this section.

(3)

Beam array antenna shall be mounted so as to provide easy servicing and easy access for removal at the approach of hurricanes, or provide for the lowering of such beam.

(Code 1980, § 19-9(A)(17)(h); Code 1995, § 86-409)

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 television antenna system means a system of equipment designed to receive satellite television and radio signals for distribution to private residences including both single-family dwellings and multifamily dwellings. The term "satellite television antenna system" includes the terminology "television dish," "television disc," or "satellite dish." The term "satellite television antenna system" does not apply to cable television systems which are governed by separate franchise and federal regulations.

(Code 1980, § 19-9(A)(11)(a), (b); Code 1995, § 86-421)

While it is the intention of this subdivision to allow the installation of satellite dish antennas, it is the responsibility of this chapter to protect the rights and values of neighboring properties. Toward that end, it is necessary to provide for satellite dish antennas to be made as inconspicuous as possible.

(Code 1980, § 19-9(A)(11)(c); Code 1995, § 86-422)

No person shall construct or cause to be constructed a satellite dish antenna without first obtaining a permit therefor.

(Code 1980, § 19-9(A)(11)(d); Code 1995, § 86-423)

Application for a permit under this subdivision shall be made to the building official and shall be accompanied by payment of a fee as per the schedule of permit fees in section 10-98 and by plans and specifications and other data, sufficiently detailed, prepared by a competent engineer or architect duly registered and licensed in the state. The engineer or architect must include a statement to accompany the plans and specifications to the effect that the satellite dish antenna, when constructed in accordance with the plans and specifications, can be safely maintained under wind forces to which it can be subjected in the location where placed. Wind resistant is deemed to mean an ability to withstand winds up to 120 miles per hour.

(Code 1980, § 19-9(A)(11)(e); Code 1995, § 86-424)

The building official may revoke a permit issued under the provisions of this subdivision where there has been any false statement, concealment or misrepresentations as to material fact in the application or plans on which the permit or approval was based.

(Code 1980, § 19-9(A)(11)(i); Code 1995, § 86-425)

The plans, specifications and other data submitted under this subdivision shall be in triplicate and in sufficient detail to show:

(1)

A site plan showing existing structures, required minimum setbacks, locations of proposed antenna, and location of proposed enclosure or screening.

(2)

All dimensions of relevant items on plot plan.

(3)

Structural drawings indicating size of footing, placement of reinforcing steel, antenna support, and any other pertinent information.

(4)

Calculations for the entire structural support system and mounting details.

(Code 1980, § 19-9(A)(11)(f); Code 1995, § 86-426)

If there is to be any electrical work in connection with the satellite dish antenna, then the following shall apply:

(1)

A licensed electrical contractor shall apply for a permit for his portion of the work.

(2)

The plans and specifications must clearly indicate all electrical data relevant to the installation, and how the system is to be grounded against lighting or power surge.

(3)

All electrical work shall be designed and installed in accordance with the electrical code in effect in the town at the time of permit application.

(4)

The electrical permit fee shall be as listed on the town building fee schedule.

(Code 1980, § 19-9(A)(11)(g); Code 1995, § 86-427)

The building official shall require that the installers of these systems are qualified to fabricate and erect metal towers, satellite dishes and antennas designed to withstand hurricane winds, and guy and anchor same. Antennas and dishes erected less than ten feet above the last rigid attachment to a structure may be installed without certification as a contractor.

(Code 1980, § 19-9(A)(11)(h); Code 1995, § 86-428)

Satellite dish antennas shall be restricted to rear yards only, and shall not be installed in front or side yards or on the roofs of houses. All town zoning setback requirements shall be complied with in the plot location of any satellite dish antennas, as follows:

(1)

On any lots with dual fronts, meaning the front and rear of the lots fronting on public streets, including, but not limited to, portions on Wilton Drive, West Court, North and South Nemec Drive, installation of any satellite dish antenna requires approval of the building official after first meeting the setback requirements of the town and county.

(2)

On any lots whose rear yards face any bodies of water, either lakes or canals, any proposed satellite dish antenna installation shall be a minimum of 25 feet setback from the water's edge, and shall be screened so as to not be unsightly when viewed from across the body of water. The proposed location will require the approval of the building official to ensure that the supporting foundation will not be affected by the body of water. The building official may require certification by a licensed professional engineer.

(Code 1980, § 19-9(A)(11)(j); Code 1995, § 86-429)

The rotation joint mount of the antenna shall not exceed the height of the roofline of the building or 15 feet above ground level, whichever is less. They shall not be located closer to a swimming pool than the maximum height of the antenna system.

(Code 1980, § 19-9(A)(11)(k); Code 1995, § 86-430)

The antenna and supporting structure shall be made as unobtrusive as possible by shrubbery, trees, foliage or other screening.

(Code 1980, § 19-9(A)(11)(l); Code 1995, § 86-431)

The dish of the antenna shall not exceed 12 feet in its greatest dimension of not circular. Antennas shall meet their manufacturers' specifications, and shall be of noncombustible and corrosive-resistant material. They must be adequately grounded for protection against a direct strike of lightning.

(Code 1980, § 19-9(A)(11)(m); Code 1995, § 86-432)

There shall not be more than one satellite television antenna system per residential dwelling, lot or property owners' association property.

(Code 1980, § 19-9(A)(11)(n); Code 1995, § 86-433)

Any satellite television antenna system that has been installed must be inspected annually by the owner, and an annual maintenance report must be submitted by the owner or agent of a building where the system is installed. This report shall become part of the building department records.

(Code 1980, § 19-9(A)(11)(o); Code 1995, § 86-434)