All development shall conform to the specific requirements of the appropriate zoning districts and shall comply with the standards contained in this article and other regulations outlined in the LDR. These standards shall be considered to be minimum requirements and may be exceeded by the property owner. In considering development plans, the community development department, and city commission shall be guided by the standards set forth hereinafter.

In considering plans for the subdivision of land, the appropriate review bodies shall be guided by the standards set forth hereinafter.

1102.1.

General.

1102.1.1.

Character of land. Land to be subdivided shall be of such character after development that it can be used safely for the intended purposes.

1102.1.2.

Conformity to the Trafficways Plan, and the comprehensive plan. Subdivisions shall conform to the Broward County Trafficways Plans and shall be in harmony with the city's comprehensive plan. Trafficways shall conform to the criteria and characteristics established by and shown on the Broward County Trafficways Plan.

1102.1.3.

Specifications for required improvements. All required subdivision improvements shall be constructed or installed to conform to the city specifications.

1102.1.4.

Street capacities. Street capacities shall be determined by the standards established in the current edition of the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, Washington, D.C. and shall meet the L.O.S. adopted by the Comprehensive Plan.

1102.1.5.

Sidewalks. Sidewalks shall be provided on both sides of a public or private street right-of-way. All interior private sidewalks shall connect with the sidewalks in the right-of-way. Handicap ramps not exceeding a slope of one foot vertical to 12 feet horizontal shall be provided at all intersections.

1102.1.6.

Traffic engineering standards. The more stringent of either the Florida Department of Transportation or Broward County Traffic Engineering Division Regulations shall apply in all cases.

1102.2.

Street layout.

1102.2.1.

Width, location and construction. Streets shall be of sufficient width, suitably located, and adequately constructed to accommodate the prospective traffic at the adopted level of service identified in the city's comprehensive plan, and to afford access for fire fighting and road maintenance equipment.

1102.2.2.

Arrangement. The arrangement of streets shall be such so as to compose a functional system which provides safe and adequate access to and from private property. The arrangement of streets in the subdivision shall provide for the continuation of arterial and collector streets of adjoining subdivisions, and for proper projection of arterial and collector streets into adjoining properties which are not yet subdivided, in order to take into account necessary fire protection, movement of traffic and the construction or extension of needed utilities and public services.

1102.2.3.

Access to streets. Development projects shall be designed to maintain a hierarchy of street access so that the interior of development parcels are served by local streets or parking lots, local streets and parking lots shall be connected to collector streets or arterial streets where permitted, and collector streets shall be connected to arterial streets or other collector streets as provided for herein.

1102.2.4.

Driveway access. Residential lot driveways shall only access local streets. Residential parking lots may access local, collector or arterial streets provided adequate turn lanes and vehicle storage areas are provided and the street being accessed has sufficient capacity to accommodate the traffic. Non-residential development shall only access collector and arterial streets. The minimum spacing between driveways shall be as provided for in chapter 8.

1102.2.5.

Local streets. Local streets shall be so laid out that their use by through traffic will be discouraged.

1102.2.6.

Street connections. Non-residential development with parking for 20 or more vehicles and residential property with 20 lots or more shall have connections with at least two publicly accessible streets which shall exist prior to the issuance of certificates of occupancy. In lieu of the two required connections, one connection may be permitted if adequate provision for emergency and service vehicles is provided.

1102.3.

Minimum intersection spacing.

1102.3.1.

Local street intersections with collector and arterial streets. Local street or cul-de-sac openings into collector streets shall be a minimum distance of 660 feet from another intersection, or in the case of a T-type intersection, a minimum distance of 330 feet from any other intersection. Local streets and local dead-end streets may not intersect an arterial unless unavoidable in which case the local street may intersect an arterial only if aligned with and extending an existing local street which intersects the arterial or is a minimum of 660 feet from another minor or collector street intersection with the arterial, and is a minimum of 760 feet from the intersection of two arterial streets.

1102.3.2.

Collector street intersections with arterial streets. A collector street or collector dead-end street may intersect an arterial if aligned with and extending an existing or planned collector which intersects the arterial or is a minimum distance of 1,320 feet from the intersection of an existing collector and the arterial, and is a minimum distance of 1,420 feet from the intersection of two arterial trafficways.

1102.3.3.

Intersection of two collector streets. A collector street may intersect another collector but only if aligned with and extending an existing or planned collector or is a minimum distance of 660 feet from any other intersection of the collector.

1102.3.4.

Intersection of two arterial streets. The spacing requirements for the intersection of two arterial streets shall be as provided for by the Broward County Land Development Code, as amended.

1102.4.

Street design.

1102.4.1.

Geometric design of street. The geometric design of streets shall conform to the minimum standards established by the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by the Florida Department of Transportation and A Policy on Design of Urban Highways and Arterial Streets prepared by the American Association of Street Highway and Transportation Officials (AASHTO).

1102.4.2.

Street jogs at intersections. Street jogs with centerline offsets of less than 125 feet shall not be permitted.

1102.4.3.

Angle of intersection. In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins. This requirement may be modified for the intersection of two local streets if it can be shown that an alternate design will meet minimum safe site distance requirements.

1102.4.4.

Widths of rights-of-way. The paved portion of the right-of-way shall have the minimum widths specified in table 1102-1. When not functionally classified by the FDOT, the classification of streets shall be determined by the community development director. The actual width of a right-of-way shall be determined based on the ultimate cross section design needed to accommodate the projected level of traffic at the adopted level of service. Additional right-of-way may be required for a bicycle lane, in compliance with a city or county bicycle circulation plan.

TABLE 1102-1
WIDTHS OF PUBLIC AND PRIVATE RIGHTS-OF-WAY

¹ A pedestrian/bicycle path which is a minimum of six feet wide and constructed within an easement adjacent to the right-of-way may be used in lieu of the required sidewalk on that side of the right-of-way.

1102.4.5.

Public utility easements. Where conditions make impractical the inclusion of utilities within the street right-of-way, perpetual easements with satisfactory width and access, as determined by the city, shall be required. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Side yard easements containing underground pipes are discouraged. However, in such cases when necessary said easements shall be determined by the community development director. Such easements shall be cleared, demucked, and graded where required.

1102.4.6.

Underground utilities. All facilities for the distribution of electricity, telephone, and cable television shall be installed underground in new subdivisions. Appurtenances such as transformer boxes, pedestal mounted terminal boxes and meter cabinets may be placed above ground on a level concrete slab and shall be located in such a manner to minimize noise effects upon the surrounding properties. Such appurtenances shall be landscaped in accordance with the landscape requirements outlined in this Code. Street lighting poles and fixtures may be placed above ground. Primary transmission lines carrying in excess of 7,000 volts single phase or 12,000 volts three phase may be suspended above the surface.

New pole lines located within or adjacent and parallel to a road right-of-way which serve new developments shall be constructed of reinforced concrete. At the time of development the city shall require replacement of existing wood poles with concrete poles. The city manager may waive this requirement if an undue hardship would result from this requirement.

1102.4.7.

Grades. Longitudinal slopes of all streets shall conform in general to the department of transportation standards for arterial, collector or local streets. Grades shall be approved by the director or public works.

1102.4.8.

Curve radii at local street intersections. All local street right-of-way lines at intersections shall be rounded by curves of at least 25 feet radius.

1102.4.9.

Dead-end streets (cul-de-sacs). Dead-end streets exceeding 150 feet, shall have a turning area and be of a type and size approved by the DRC. Dead-end streets exceeding 300 feet shall terminate in a circular turn-around having a minimum right-of-way radius of 50 feet and pavement radius of 40 feet. At the end of temporary dead-end streets a temporary turn-around with a pavement radius of 38 feet shall be provided, unless the director of public works approves an alternate arrangement.

1102.4.10.

Watercourses. When a street is proposed to abut any canal, or a water body, provision shall be made for adequate safe vehicular recovery area between the ultimate edge of right-of-way and the edge of water. The distance from the outside edge of the ultimate right-of-way to the edge of water shall be no less than 50 feet for roads with a design speed of 50 miles per hour or greater and 40 feet for roads with a design speed less than 50 miles per hour. A guardrail shall be required for lakes and canals where it is not possible to maintain these required minimum distances.

1102.4.11.

Curve radii. In general, street lines within a block, deflecting from each other at any one point by more than ten degrees, shall be connected with a curve, the radius of which for the centerline of street shall not be less than 400 feet on arterial streets, 200 feet on collector streets and 100 feet on local streets.

1102.4.12.

Private streets. It is the policy of the city to discourage private streets. However, private local streets may only be permitted by the city when the design and construction of such streets meets or exceeds the minimum standards and specifications as outlined or referred to herein for public streets; and when a method suitable to the city is established for the perpetual maintenance of said private streets by developer or by the development's homeowner's association, and with the provision of a permanent access easement for service and emergency vehicles, maintenance and repair of public and semi-public utilities and common area improvements. Sidewalks and setbacks along private streets shall be from the theoretical right-of-way line. Notwithstanding anything to the contrary in this Code, no private streets shall be permitted by the city unless the owner of the private streets executes an agreement with the city whereby the city is authorized to enforce the city's traffic and parking ordinances and regulations over private roads.

1102.4.13.

Street lights. Installation of street lights shall be required in accordance with design standards of Florida Power and Light and an approved site plan.

1102.4.14.

Inverted crowns. Inverted crown roadways shall not be permitted on public or private streets. This limitation shall not apply to private parking lots or private driveways within multifamily development

1102.5.

Addresses.

1102.5.1.

Type of name. All streets shall be numbered or named in accordance with a numbering system approved by the U.S. Post Office and community development director. All streets shall have a sign displaying the street number or name. Street signs shall have reflective type lettering meeting Broward County standards.

1102.6.

Lots.

1102.6.1.

Lots in conformance with zoning district. Lots shall be subdivided in conformance with the applicable zoning district's development standards.

1102.6.2.

Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines.

1102.6.3.

Driveway access. Driveway grades and access shall conform to city specifications and the requirements of this section.

1102.6.4.

Frontage on curve or cul-de-sac. The minimum arc frontage for lots abutting the turnaround of a cul-de-sac shall be 25 feet for residential uses and 60 feet for non-residential uses.

1102.7.

Storm drainage and water management design standards.

1102.7.1.

Minimum elevation (centerline of street). The minimum elevation (centerline of street) shall be as established by the design of the major drainage facilities for the particular area by the engineer for the South Florida Water Management District and subject to the approval of the floodplain administrator.

1102.7.2.

Minimum elevation of building pads. The minimum elevation of the lowest habitable floor within the areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study and flood insurance rate maps shall comply with the city's adopted criteria for floodplain management.

The minimum elevation of the lowest habitable floor outside the areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study and flood insurance rate maps shall be as established by the floodplain administrator and building official.

1102.7.3.

Reserved.

1102.7.4.

Stormwater management. All stormwater drainage systems shall be designed in accordance with the requirements of the South Florida Water Management District's Permit Manual "Management and Storage of Surface Waters," latest edition, and the city's floodplain management criteria.

1103.1.

Design concepts. The principles set out below are not intended to limit innovative architecture, but to establish a meaningful design guide for development and redevelopment in the city. All development shall be designed in accordance with the fundamental concepts described in this section. Unless otherwise specified in this code, the fundamental design concepts for all development shall include:

(a)

The design of architecturally varied structures within planned developments through the use of building massing, varied roof-scapes, varied window design, ornamentation and color;

(b)

The linkage of landscaped exterior spaces (courtyards, loggias, arcades and plazas) to buildings;

(c)

The linkage of separate development parcels by pedestrian and vehicular connections;

(d)

The recognition of the South Florida climate which should influence building shape and orientation, nature of roofs and overhangs and the location and size of windows;

(e)

The identification of individual subdivisions by utilizing signage;

(f)

The use of private common open space as a community design feature; and

(g)

Preservation of view corridors and pedestrian access to waterfront areas.

1103.2.

Pedestrian orientation. All non-residential and multifamily development shall contribute to the creation of a pedestrian oriented community by providing the following:

(a)

Emphasis on the buildings' street facades as major elements of the overall streetscape;

(b)

Street level architectural treatment including colonnades, arcades, awnings, and other shade producing elements should be provided along all pedestrian-oriented frontages; and

(c)

Pedestrian oriented frontages shall be adjacent to building entrances and integrated with adjacent properties.

1103.3.

Minimum design standards.

1103.3.1.

Non-residential development. All non-residential development shall be consistent with the traditional architecture and design themes of South Florida including the following:

(a)

New buildings shall be designed in a manner that is compatible with the adjacent building form in height and scale.

(b)

Recognition of the scale and character of adjacent structures or developments, including continuation of existing facade treatment or expression lines, and the use of similar finish materials.

(c)

Roof materials shall consist of metal (flat or standing seam); flat tile; Spanish "S" tile; barrel tile or masonry materials. This requirement shall not apply to flat roofs with a parapet wall.

(d)

All mechanical equipment (including roof-mounted equipment) shall be screened with materials consistent with those used in the construction of the building. The screening material and structure shall be architecturally compatible with the building. The screening shall be high enough so that the equipment is not visible from any adjacent public right-of-way and designed so that the equipment is well concealed from adjacent properties.

(e)

Pedestrian circulation systems shall be barrier-free and provide alternative ramps in addition to steps consistent with American Disabilities Act (ADA) requirements.

(f)

All sides of any non-residential structure shall have compatible facade and roof treatments.

(g)

All dumpsters and trash handling areas shall have a concrete slab, and finished concrete block or masonry wall, as provided for in these regulations, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize truck maneuvers. Enclosures shall be finished with similar materials and colors as the principal structure.

(h)

The design dimensions, materials, quantity and location of all outdoor accessory features, including but not limited to security bollards, trash cans, light poles, street furniture and newspaper racks must be submitted to and approved by the community development director.

(i)

No outside display or sale of any merchandise shall be permitted, including but not limited to sales from vending machines unless approved by the community development director or pursuant to other requirements in the City Code.

(j)

The location of public telephones must be submitted to and approved by the community development director.

(k)

The decision of the community development director pursuant to subsections (h) and (i) above, will be based upon findings of compatibility, safety and screening from view of the public right-of-way; and as to subsection (j) above will be based upon findings of compatibility and safety.

1103.3.2.

Residential development. All residential development shall adhere to the following standards:

(a)

Minimum roof standards. Pitched roofs shall have a minimum pitch of 4:12. Deviation from the minimum may be approved for gambrel and similar type roofs. Pitched roofs shall be constructed of flat, or barrel cement or clay tile, split cedar shakes or slate, all as defined by common usage in Broward County, Florida. Cedar shingle and asphalt shingle roofs are not permitted on any principal residential structure permitted after the effective date of this Code. Flat roofs may be permitted if the flat roof area does not comprise over 25 percent of the total roof area. Such flat roofs may be permitted over porches, Florida rooms, and utility rooms located to the rear of the dwelling unit.

(b)

Driveways within all RS Zoning Districts shall be constructed of Portland concrete at a minimum. Asphalt is not permitted.

(c)

Architecture and site development should incorporate consideration of the subtropical characteristics of the area. The provision of sun-control devices, shaded areas, vegetation, roof terraces, and similar features characteristic of subtropical design is encouraged.

(d)

Open space for multifamily dwelling units should be located and designed to maximize its utility to the dwelling units.

(e)

All dumpsters and trash handling areas in development within RM Zoning Districts shall have a concrete slab, be enclosed by a finished concrete block or masonry wall similar in color and detail to the principal structures as provided in this Code, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize truck maneuvers.

(f)

Pedestrian/bicycle paths. Pedestrian/bicycle paths incorporated into a plan shall have six feet of pavement width or as approved by the director of public works. The path shall be a minimum of ten feet from a right-of-way, except where it transitions and crosses an intersecting street. The path shall not be incorporated into a residential lot. The path shall connect all the residential parcels to park(s) and school(s).

1104.1.

General. No structure or land shall be developed, used or occupied unless all outdoor lighting conforms to the requirements of this section. The terms used in this section shall have the definition use by the Illuminating Engineers Society. Lighting shall be designed and placed to illuminate the ground, a vehicular use area, a building, a street, or a sign. All lighting shall be concentrated on the ground, building, street, or sign it is intended to illuminate. Lighting which is designed to illuminate the building roof area, except for safety reasons as determined by the community development director, shall be prohibited.

1104.2.

Preparation of site lighting plan. A plan which shows the photometrics of the site's lighting for vehicular use areas, outside building areas, signs and streets shall be prepared by a registered professional engineer. The plan shall incorporate all existing and proposed sources of artificial light used on the site, including adjoining outparcels. The lighting plan shall be submitted with the final building plans, prepared at the same scale. The plan must indicate and be certified for compliance with the standards of this section.

1104.3.

Minimum illumination. All multifamily, shopping centers and office buildings shall illuminate parking lots and pedestrian areas to a minimum maintained average of 1.0 footcandle and a maximum to minimum ratio of 12 to 1, with no area below the illumination of 0.5 footcandle.

1104.4.

Maximum illumination. All lighting for parking areas, buildings and signs shall be located, screened, or shielded so that adjacent property, structures, and rights-of-way are not directly illuminated. All lighting for parking areas, buildings and signs shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and public rights-of-way. Spillover shall not exceed 0.5 footcandles measured vertically along the property line at the perimeter of the property.

1104.5.

Lighting height standards. All private outdoor lighting shall be designed, located and mounted at heights no greater than:

12 feet above grade for non-cut-off type luminaries, and

30 feet above grade for cut-off type luminaries.

1104.6.

Exceptions. Public facilities including but not limited to parks; lighted recreation and athletic areas, courts and fields; and water and wastewater treatment facilities shall be exempted from these standards.

1104.7.

Street lighting. A street lighting system shall be provided in all land development projects with public or private streets. All street lighting shall be installed according to standards established by the Broward County Engineering Division.

Conformance with applicable regulations. Prior to the development of land, including land clearing and excavation operations, having potential wetlands soils a determination shall be made by the appropriate jurisdictional agencies as to the presence of jurisdictional wetlands. If it is determined that jurisdictional wetlands are present the property owner shall be required to comply with all agency requirements regarding the protection and mitigation of wetlands on the property as part of any city issued development order.

Conformance with applicable laws. All structures or land shall be developed, used or occupied such that surface water is managed in conformance with the following laws, rules and regulations.

Chapter 27-14, Broward County Department of Natural Resource Protection, Code of Regulations, as amended, "Management of Stormwater Discharges and Non-Point Sources of Pollution";

Chapter 67-904, as amended, Laws of Florida;

Chapter 40-E, as amended, Florida Administrative Code, "Rules of the South Florida Water Management District";

South Florida Building Code, as amended.

1107.1.

General. No accessory uses shall be permitted in a required yard or bufferyard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the prior written approval of the appropriate utilities, and the concurrence of the city.

1107.2.

Awnings and canopies. The definition of an awning or canopy shall be as provided for in the Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code.

1107.2.1.

Awnings. An awning may be located at any window provided it is architecturally integrated into the buildings, design and color. The maximum height and width of an awning shall be limited to the minimum area required to cover a building's window. Awnings shall not be illuminated.

1107.2.2.

Canopies. A canopy may be located over any walkway adjacent to a building or over a building's entrance. The maximum height of the overall canopy structure shall be eight feet. The maximum width of a canopy shall be limited to the width of the sidewalk or entry way that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy.

1107.3.

Antennas, antenna towers and dish antennas.

1107.3.1.

HAM radio antennas and towers. Antenna towers or antenna masts for use by amateur (HAM) radio operators who are licensed by the Federal Communications Commission shall be constructed in accordance with the following provisions:

(a)

The height of any such permitted tower or mast and antenna shall not exceed 55 feet when fully extended.

(b)

The height of any such push-up mast and antenna shall not exceed 35 feet when fully extended.

(c)

The maximum permitted width of a tower shall not exceed 18 inches on a square or triangular tower.

(d)

The maximum permitted diameter of a mast or push-up mast shall not exceed nine inches.

(e)

The antenna and all support structures and cables shall be located in the rear yard and meet the same setback requirements as the principal structure.

(f)

Shall comply with National Electric Code and Federal regulations governing amateur radio.

(g)

Must maintain an eight foot clearance from pole lines.

1107.3.2.

Citizens' radio station. All antennas and supporting structures associated or used in conjunction with a citizens' radio station, licensed by the Federal Communications Commission, operated from a fixed location, must comply with one of the following provisions:

A ground mounted antenna and its supporting structure shall not exceed 20 feet in height above ground level.

An antenna attached to a man-made structure shall not be higher than 20 feet above the structure. No citizens' radio station antenna shall exceed a height of 40 feet from ground level.

The antenna and all support structures and cables shall be located in the rear yard and meet the same setback requirements as the principal structure.

Shall comply with National Electric Code and Federal regulations governing amateur radio.

Must maintain an eight-foot clearance from pole lines.

1107.3.3.

Dish antennas in residential zoning districts. Dish antennas shall be permitted in all residential zoning districts subject to the following criteria:

Location and setbacks. Except for roof-mounted antennas, all dish antennas shall be located to the rear of the principal building and shall not encroach into the following setbacks (measured from edge of dish in the horizontal position):

(i)

Rear yard. For ground mounted antennas the rear yard setback shall be equivalent to the height of the antenna or the structural setback applicable to the property, whichever is less.

(ii)

Side yard. For all antennas, the minimum setback to a side lot line shall be the same as for a principal building in the district in which the antenna is located.

Maximum size. The maximum diameter of any dish antenna in a residential zoning district shall be 12 feet.

Maximum height. The maximum height of the various permitted antenna types shall be as follows:

(i)

Roof mounted. The maximum height of any roof mounted dish antenna shall be no higher than the diameter of the dish. No residential structure under three stories in height shall mount an antenna on the roof.

(ii)

Pole mounted. All pole mounted antennas shall be directly adjacent to and connected to the main structure, and shall extend no higher than six feet above the roof line.

(iii)

Ground mounted. The maximum height of a ground mounted antenna shall be equal to the diameter of the dish.

Screening, ground mount. For ground mounted dish antennas, a fence, wall, hedge, trees, berm, or any combination thereof shall be provided as specified below to obscure the view of the antenna from adjacent parcels. Fences or walls used as screening shall be installed at a minimum height of five feet except where such height would interfere with the satellite signals to the extent of causing deterioration in reception quality. When screening material is provided on a property line or otherwise within normal required setback areas, the maximum height of the screening, except for trees, shall be six feet. When vegetative material other than trees is provided, the height at time of planting shall be a minimum of two feet and must attain opacity and a minimum height of three feet within one year from date of planting under normal growing conditions.

Number permitted. One dish antenna shall be permitted per single-family or duplex unit. For all other multi-family dwelling unit types only one dish antenna shall be permitted per unified development project, additional antennas may be permitted through conditional use approval.

Anchorage. Dish antennas shall be anchored securely to the ground or building and otherwise installed in conformance with the requirements of the Florida Building Code, as amended.

Maintenance. Following installation, dish antennas and related appurtenances must be maintained in good operable condition and surrounding landscaping shall be maintained in good, healthy condition so as to provide maximum opacity.

1107.3.4.

Dish antennas in nonresidential zoning districts. Dish antennas shall be permitted uses in all nonresidential zoning districts subject to the criteria of this section. Dish antennas which do not meet the criteria of this section shall require conditional use approval.

Location and setbacks. Except for roof-mounted antennas, all dish antennas shall be located to the rear or side of the principal building and shall not encroach into the setbacks established herein:

(i)

Rear yard. For ground mounted antennas the rear yard setback shall be equivalent to the height of the antenna or the structural setback applicable to the property, whichever is less.

(ii)

Side yard. For all antennas, the minimum setback to a side lot line shall be the same as for a principal building in the district in which the antenna is located.

Maximum size. The maximum diameter of any dish antenna in a nonresidential zoning district shall be 30 feet. If the antenna is proposed to be located on land adjacent to property designated residential on the land use plan or residentially zoned property, the maximum diameter of the dish shall be 12 feet.

Maximum height. The maximum height of ground mounted dish antennas shall be no higher than the dish's diameter or the height of a structure, whichever is less. The maximum height of a roof or pole mounted antenna shall be no higher than one and one-half times the height of a structure measured from the ground.

Screening, ground mount. Ground mounted antennas shall be screened around the base of the structure with a five-foot wide continuous landscape buffer. The minimum height of vegetation shall be three feet.

Number permitted. Only one antenna per united development or parcel of land shall be permitted. Additional antennas may be permitted through conditional use approval.

Anchorage. Dish antennas shall be anchored securely to the ground or building and otherwise installed in conformance with the requirements of the Florida Building Code, as amended.

Maintenance. Following installation, dish antennas and related appurtenances must be maintained in good operable condition and surrounding landscaping shall be maintained in good, healthy condition so as to provide maximum opacity.

1107.4.

Carports. Carports shall comply with the structural setbacks of the zoning district in which they are proposed to be located. The use of polyvinyl chloride (PVC) pipe is expressly prohibited. Any carport lawfully established prior to the adoption of this chapter which does not comply with the structural setbacks of the zoning district may remain as a nonconforming use subject to the provisions of the nonconforming article of this chapter.

1107.5.

Domestic pet shelters. One pet shelter or pen for domestic household animals shall be permitted per lot in any residential district, subject to the following:

No pet shelter or pen shall be permitted within the required front yard area, or within utility, drainage or access easements.

The structure must be set back at least six feet from the side and rear lot lines.

Domestic pet shelters and pens shall be maintained in a clean and neat manner free of offensive odors.

1107.6.

Fences and walls.

1107.6.1.

Defined. A fence or wall is a barrier constructed of manmade or natural materials. A wall is a concrete or block structure.

1107.6.2.

Fences on residential lots. Fences on a residential lot shall be limited to six feet in height. Electrified, barbed wire, razor wire and other similar injurious or hazardous material shall not be permitted on a fence or wall within a residential district. Fences and walls shall not be permitted within a required front yard. In all zoning districts, only pressure treated pine, redwood, cypress, black locust and cedar wood shall be acceptable for wood fence construction. All wood fencing shall have a nominal thickness of one inch. Chain link fences shall have a minimum gauge of 11. Chicken wire or similar material is prohibited. Each side of a concrete block or masonry wall shall be completely finished with stucco and/or paint and designed to discourage graffiti. Electrified, barbed or razor wire and other similar material shall not be permitted as fencing in residential zoning districts of the city.

1107.6.3.

Residential parcel perimeter and entry walls. Uniform walls may be erected within a required bufferyard and at the access driveway entrances to residential development parcels. The wall shall be located at the interior edge of a bufferyard. Typical elevations, materials and the location of the wall shall be shown on a final site plan. Electrified, barbed wire, razor wire and other similar material shall not be permitted. Walls shall be designed to discourage graffiti.

1107.6.4.

Walls and fences on non-residential parcels. Walls shall be permitted within a required bufferyard at the perimeter of non-residential parcels, they shall not be permitted within a required front yard. Where any district zoned business or industrial abuts on a residential district or is separated from a residential district by a street, alley, canal or other open space then any plot or parcel in such nonresidential district shall be buffered from said residential district by a wall of a height of eight feet. Fences and walls within non-residential property adjacent to non-residential property shall not exceed ten feet in height. Fences, as allowed herein, shall be constructed of iron, steel, aluminum, polyvinylchloride (PVC) or wood. Typical elevations, materials and the location of the fence shall be shown on a final site plan. Except as provided in section 1107.6.5, electrified, barbed or razor wire and other similar material shall not be permitted as fencing or wall materials in non-residential zoning districts of the city. Walls shall be designed to discourage graffiti.

1107.6.5.

Low voltage electrical fencing shall be permitted in the B-5 and I-1 zoning districts, only, subject to the following regulations:

1107.6.5.1.

Electrical fencing shall be limited to a maximum of 12 volts, primary voltage, and a maximum of 7,000 volts, secondary voltage.

1107.6.5.2.

Electrical fencing shall be limited to outdoor storage areas only.

1107.6.5.3.

Electrical fencing shall be completely surrounded by a non-electrical fence or wall, which shall be separated from the electrical fence by at least four inches (per the IEC standard) at the closest point. Electrical fencing may be attached to the gate with pole connectors so as to move in tandem with the opening and closing of the gate, provided that the exterior gate is never electrified.

1107.6.5.4.

The height of the non-electrical fence or wall shall be no less than six feet in height and no more than eight feet in height at its highest point.

1107.6.5.5.

All electrical fencing shall be no higher than the surrounding non-electrical fence or wall, except that an additional two feet of height may be added to the electrical fencing.

1107.6.5.6.

Electrical fencing must be clearly identified as such with warning signs in English, Spanish and Creole, which read "Warning—Electrified Fencing," and placed every 60 feet along the non-electrical perimeter fence or wall as provided for in section 1107.6.5.2 herein.

1107.6.5.7.

Electrical fencing shall not be located within five feet of any public right-of-way or sidewalk.

1107.6.5.8.

Electrical fencing shall not be activated between standard business hours for the establishment.

1107.6.6.

Fences within easements. Fences, walls and landscaping shall not be permitted within a utility easement prior to the issuance of a permit. To locate a fence or wall in any easement, an encroachment agreement shall be required. If a permit is issued, access to any easements shall be granted when required by any utility. A utility company or franchise shall not be responsible for damage to a fence, wall or landscaping within an easement.

1107.6.7.

Maintenance. A fence or wall shall be finished and maintained in good condition and appearance. The finished side of all stockade fences shall face outward to the abutting property or right-of-way, except when the fence abuts an existing fence or wall impeding access.

1107.6.8.

Other requirements. When in considering any subdivision plat, site plan, or site plan modification, the development review committee, planning and zoning board or city commission may require that a fence or wall be constructed for screening purposes and may fix the height of said wall or fence, which height may exceed the limitations set forth in this section when said fence or wall is required for screening purposes.

1107.7.

Gazebos. Gazebos shall be permitted in all residential districts, subject to the following:

No gazebos shall be permitted within the required front yard area, or within utility, drainage or access easements;

Gazebos must be set back at least six feet from the side and rear lot lines;

No gazebo shall have an area (footprint) larger than 100 square feet per 5,000 square feet of lot area; and

No gazebo shall have a height larger than 35 feet.

1107.8.

Play equipment. Play equipment shall be permitted in any residential district, subject to the following:

No permanently installed play equipment, except basketball hoops, shall be permitted within the front setback, ten feet of a right-of-way, or within utility, drainage or access easements;

No play equipment shall use street right-of-way as part of the playing area;

Permanently installed play equipment shall be of a common playground type designed for children; and

Basketball hoops and backboards in front yard areas shall be permitted on the front of the building or on a pole in the driveway only. Basketball poles shall be located no closer then ten feet to any property line.

1107.9.

Screen enclosures. Screen enclosures shall be permitted in all residential zoning districts, subject to the following:

No screen enclosure shall be permitted in the required front yard or within utility, drainage or access easements;

No screen enclosure may be converted to an enclosed structure unless the converted structure would comply with all standards of the applicable zoning district;

Screen enclosures with a screen roof shall meet the following setback requirements:

Screen enclosures shall be permitted in all residential zoning districts, subject to the following; and

The rear yard setback shall be a minimum six feet from the rear lot line; and

Screen enclosures with a solid roof shall meet the following setback requirements:

The side yard or sidestreet setback shall be the same as the structural setback requirement of the zoning district; and

The rear yard setback shall be 15 feet or the same as the structural setback, whichever is less.

1107.10.

Swimming pools and spas. Swimming pools and spas shall be permitted in all residential zoning districts, subject to the following:

No swimming pools or spas shall be permitted within the required front yard area, or within utility, drainage or access easements. Swimming pools shall be required to have a safety barrier.

Above-ground pools and spas which exceed 48 inches in height must meet all structural setback requirements.

The following setback requirements shall apply to swimming pools and spas:

The side yard or sidestreet setbacks to the water's edge shall be two feet plus the required sideyard or sidestreet structure setback.

The rear yard setback shall be seven feet from the water's edge to rear lot line.

The setback from any building foundation shall be five feet unless both the design and construction as approved by the building official is safe and will not possibly result in a weakening of or damage to the building foundation. In no event shall said pool or spa be closer than 18 inches to any wall or any enclosure.

Any pool for a non-residential development shall meet the structural setbacks for the district in which it is located and all required governmental agency standards.

1107.10.1.

Safety barrier required; specifications.

Specifications. No swimming pool final inspection and approval shall be given by the city, unless there has been erected a safety barrier. The safety barrier shall take the form of a screened-in patio, a wooden fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. The minimum height of the safety barrier shall be not less than four feet. The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Gates shall be of the spring lock type, so that they shall automatically return to a closed position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

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

Construction specifications of walls and fences. For a wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence nonclimbable and impenetrable. Walls, whether of the rock or block type, shall be so erected to make them nonclimbable.

Authority to disapprove barriers. It shall be within the discretion of the building inspector to refuse approval of any barrier which, in his opinion, does not meet the safety requirements of this regulation, i.e., that it is high enough and so constructed, to keep the children of pre-school age from getting over or through it.

Maintenance of safety barrier; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing the swimming pool to maintain and keep in proper and safe condition at all times the safety barrier required and erected in accordance with this section.

Maintenance of pool; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing a swimming pool to keep such pool from becoming a health hazard to the community. In the event any person owning or occupying the premises containing a swimming pool permits the safety barrier to become in an improper and unsafe condition, or permits the swimming pool to become a health hazard to the community, the city may direct a letter by certified mail to the owner or occupant of such premises, advising such owner or occupant that the city will have such safety barrier put in a proper and safe condition or correct the health hazard of the swimming pool within a period of ten days from receipt of such letter. The city shall be authorized to place a lien on the property not in compliance with this section in order to recover the costs associated with enforcement of this section.

Temporary fence to enclose swimming pools while under construction. No person shall construct or cause to be constructed any swimming pools unless such swimming pool is completely enclosed by a fence with a minimum height of not less than four feet. Such fence may be of a temporary nature but must be erected either around the swimming pool or around the premises on which the swimming pool is under construction; in either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. However, the swimming pool need not be completely enclosed during those periods when an adult person is present on the site and actual construction is in process. This section shall only affect those pools under construction within 140 feet of any residence upon which a certificate of occupancy has been issued. The 140 feet shall be measured from the edge of the swimming pool to the closest property line containing such residence by straight line measure.

1107.11.

Utility sheds. Utility sheds shall be permitted in all residential districts, subject to the following:

No more than one utility shed shall be permitted for each parcel or lot;

No utility shed shall be permitted in any required front or side yard area or within utility, drainage or access easements;

The maximum dimensions of a utility shed shall be no more than 100 square feet in footprint and eight feet in height; and

Rear and side setbacks for utility sheds on single-family and duplex lots shall be a minimum of three feet from the lot lines. Rear and side setbacks for utility sheds on all other property shall be equal to the height of the structure.

1107.12.

Utility/mechanical equipment. Utility and mechanical equipment used for a building's operation which is located outside the building shall only be located in a rear or side yard. The equipment shall not be located within a utility easement unless it is equipment serving that specific easement. The minimum distance from a property line to the structure shall be no less than the structure's height. All equipment shall be screened from view by landscape materials as provided for in this Code. These requirements shall not apply to municipal or franchise utilities such as power, phone, cable, communication or drainage equipment which is located within a public utility easement.

1107.13.

Waterfront lands. A rear yard setback of 20 feet from the rear or waterfront line measured landward therefrom shall be provided and no building construction, to include principal and accessory buildings shall be permitted in this setback.

1107.14.

Docks; construction requirements. Prior to the construction of a dock within the city, the owner shall obtain approval of the proposed construction from the community development department and appropriate drainage district. The amount of a dock protruding onto public property shall be at the discretion of the community development department and based upon waterway width. In no case shall protrusion onto public property exceed 15 feet. Docks shall be kept in a constant state of repair by the owner. Any dock not properly constructed or maintained must be removed at the direction of the community development department within 15 days of receipt of notice.

1107.15.

Structure parking. All structure parking shall be incorporated into the building envelope and shall be compatibly designed to complement the primary use structure for which it serves. If the parking structure is larger than the primary use building and any surface of the top level of the parking structure can be seen from the primary use building on the site, then that area of the top level shall be landscaped and/or decoratively paved so as to provide amenity area(s) for the building occupants. All mechanical equipment on the top level shall also be screened from view.

1107.16.

Rooftop photovoltaic solar systems.

1107.16.1

Intent. The provisions contained herein are intended to promote the health, safety and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems pursuant to the U.S. Department of Energy Rooftop Solar Challenge Agreement Number DE-EE0005701 ("Go SOLAR - Broward Rooftop Solar Challenge") on buildings and structures within municipal limits. The provisions and exceptions contained herein are limited to web-based applications for pre-approved rooftop photovoltaic solar system installations that utilize the Go SOLAR - Broward Rooftop Solar Challenge permitting process.

1107.16.2.

Definitions. For the purpose of this section, the following terms shall have the meaning prescribed herein:

(a)

Roof line: The top edge of the roof which forms the top line of the building silhouette or, for the flat roofs with or without a parapet, the top of the roof.

(b)

Rooftop photovoltaic solar system: A system which uses one or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface or rack mounted on a flat roof to convert sunlight into electricity.

1107.16.3.

Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to residential and commercial conforming and nonconforming buildings and structures in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

1107.16.4.

Height. In order to be deemed permitted accessory equipment, the height of rooftop photovoltaic solar systems shall not exceed the roof line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment, the rooftop photovoltaic solar system shall not be greater than five feet above the roof.

1107.16.5.

Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that:

(a)

If the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the city; and

(b)

The issuing of said permit for a rooftop photovoltaic solar system does not create in the property owner(s), its, his, her, or their successors and assigns in title, or create in the property, itself, a right to remain free of shadows and/or obstructions to solar energy caused by development adjoining on other property or the growth of any trees or vegetation on other property or the right to prohibit the development on or growth of any trees or vegetation on another property.

1107.16.6.

Tree maintenance and removal. To the extent that the city has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

1107.16.7.

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare.

(Ord. No. 07-27, § 2, 9-25-2007; Ord. No. 08-02, §§ 2, 3, 1-22-2008; Ord. No. 2011-04, §§ 2, 3, 4-26-2011; Ord. No. 2012-23, §§ 2, 3, 1-8-2013; Ord. No. 2015-01, § 2, 1-27-2015)

Editor's note— Ord. No. 2011-04, § 3, adopted April 26, 2011, renumbered §§ 1107.6.5—1107.6.7 as §§ 1107.6.6—1107.6.8.)

1108.1.

Compliance required. No development activity may be approved unless it is found that the development is consistent with the requirements in the comprehensive plan.

1108.2.

Determining compliance. If a development proposal is found to meet all the requirements of this chapter, it shall be presumed to be consistent with the comprehensive plan until such time as it can be demonstrated otherwise. If a question of consistency is raised, the community development director shall make a determination of compliance or noncompliance and support the determination with written findings.

1108.3.

Compliance. To ensure compliance with the requirements of the comprehensive plan, the following regulations shall apply to all districts.

No storage, handling use or production of hazardous or toxic substances shall be permitted which would violate Broward County's potable water supply wellfield protection ordinance.

No applications for development orders authorizing a new use or an expansion of an existing use shall be approved unless the facilities necessary to maintain the adopted level of service standards exist or are projected to exist when necessary to serve the development. The approval of development orders shall be based on the existence of adequate facilities or inclusion of necessary facilities in the applicable service element of the comprehensive plan, in the adopted capital improvements element of the comprehensive plan, in the work plan or program of the agency having functional responsibility for provision of the facilities, or in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order pursuant to F.S. ch. 380. Such findings shall be included in staff recommendations.

Within designated local areas of particular concern and urban wilderness areas, development permits issued by the city shall comply with all appropriate regulatory requirements.

1109.1.

Advertising requirement. If a location is included in any printed, radio or television advertisement of an approved real estate development in the city, the city shall be noted in the text or map of said printed advertisement or be included in the description of the location in said radio or television advertisement. Each violation of this provision shall be deemed a separate and distinct infraction of the LDRs. Each violation of this Code shall be punishable in a court of competent jurisdiction by a fine of no more than $500.00 plus the cost of prosecution

1109.2.

Zoning map disclosure requirement. All developers of residential property are required to disclose to potential purchasers, the zoning districts of all vacant properties within 1,000 feet of the advertised residential development. Accordingly, the developer shall prominently display at least one full-size and most recent version of the city's zoning map obtained from the city's community development department in all sales model centers. The zoning map shall accurately display the zoning districts and the size and scale of the residential property in relation to the vacant property and include a description of the permitted uses allowed in each zoning category depicted, as well as a statement that the zoning is subject to change upon the passage of an ordinance by the city commission. The developer shall also include a reduced version of said zoning map in all marketing materials used to advertise the residential development. Any violation of this provision shall be subject to the same punishment as stated in subsection 1109.1.

1110.1.

Preamble. This board has been established by the city in recognition of the fact that beautiful communities enhance the health, safety and welfare of the citizenry and improve the value of the properties within the community. This goal can be created only through a deliberate search for proper design in all elements of the city on the part of the community leadership, architects, planners, realtors and the building industry, backed by an appreciation of the visual work by the people.

Public action for improving community appearance, as embodied through the community appearance board, will provide the ultimate designers of individual structures within the larger contexts in which their particular works will be viewed. Since the beauty of a community involves the aesthetic quality of all one sees in moving about, it goes far beyond the design of individual architectural facades.

Zoning is the single most powerful legal enforcement of an overall urban concept, but it does not fully plan building locations, traffic movement or parklands; it does not create beauty, aesthetic order, or amenity. The task of this board is therefore to preserve various elements of urban beauty and require that new projects enhance the existing.

It is the intent of this board to achieve a pleasant and comprehensible cohesiveness in our community development. The method of achieving this goal is by the use of a community design plan "the larger contexts" referred to above which would indicate for the various parts of the municipality the aesthetic character to be encouraged and the means by which aesthetic character is to be attained and protected. The community appearance board is composed of persons with experience in judging three dimensional forms and their interrelationships, who have the ability to meet any particular designer on the grounds of his own aesthetic understanding. The board acts in review of specific projects to ascertain whether proposals would enhance the community design plan or violate its spirit. The enabling legislation for the board defines the objectives and procedures by which the aesthetic intentions are actually embodied in proposed projects, and to comply with the architectural design standards described herein.

The standards must be understandable and definitive while still leaving sufficient room for variety and innovation. The city commission has determined that all new construction as well as remodeling and renovation should exhibit Spanish, Italian and French Mediterranean Revival Style Architecture to create a cohesive and attractive identity for the city.

The community design plan and architectural design standards have been approved by the city commission officials representing the citizenry. By their action the local elected officials thus determine the basic aesthetic character to be the community design plan, as has been approved by the city commission officials representing the citizenry achieved in the development of the community.

1110.2.

Jurisdiction and application of standards. All buildings and structures except single-family detached and duplex residences shall be subject to the requirements of this ordinance and no building permit for such building or structure or remodeling or renovation thereof shall be issued without obtaining approval pursuant to the procedures set forth herein.

1110.2.1.

Scope. The standards set forth herein shall apply to all applications to construct a building or structure, other than a single-family residence. All new construction as well as remodeling and renovation of existing structures, should exhibit Spanish, Italian, and/or French Mediterranean Revival Style Architecture.

This board, by the nature of its function, will require certain information from an application for a permit within the city over and above that required by the building and planning and zoning divisions of the community development department, the engineering division, and fire prevention division. This information shall be submitted prior to an application for a permit for any building, group of buildings, site development, alterations affecting their exterior, parking lots and vehicular use areas on a form prescribed by the department of community development. The CAB shall review all plans to ensure they comply with the architectural design standards described herein.

1110.2.2.

Preliminary review requirements (recommended process). It is the policy of the community appearance board to conduct preliminary review when it is possible and make itself available to answer any questions that might arise in the design or development of any project. Preliminary review shall be undertaken by the applicant by submitting the following plans and documents to the community development department. This review shall not be binding on the city, but may assist the applicant in understanding the spirit and intent of the community design plan.

1110.2.2.1.

Two sets of preliminary drawings and specifications which may include any or all of the following items on which the owner or his representative may desire consultation with the board:

A fully dimensioned site plan showing all new construction improvements and/or existing conditions.

A landscape plan (may be incorporated into the site plan) showing all existing and proposed plant material(s), with required information as to location, type, size, quantity and quality.

Fully dimensioned exterior elevations of each building facade (e.g. renderings) and accessory structure with material and color designations.

An outline specification of facade and roof treatments.

Dimensioned drawings and color and material specifications for all types of permitted signs.

Additional plans, (such as floor plans, building, wall and cross-sections, line-of-sight diagrams) specifications or documents, and information may be requested to ensure a proper review is given.

1110.2.2.2.

The submission shall include one completed copy of the community appearance board application form.

1110.2.3.

Formal (final) review requirements (required). Formal review shall be conducted as follows:

1110.2.3.1.

The applicant shall submit one copy of the community appearance board application form if not already submitted under a recommended preliminary review and one set of working drawings to the community development department which shall include:

A location map showing the project site in relation to major road system within the city.

A signed and sealed site plan showing setbacks, dimensions, and all existing and proposed site development as required by this ordinance and other sections of the LDRs. Landscaping which is used to enhance the community design standards may be incorporated into the site plan or submitted as a separate plan, as is the case in the development review committee (DRC) submittal.

Exterior colored elevations of each building facade (including, but not limited to, renderings, sketches, and/or perspectives) mounted on a 24-inch by 36-inch board. In addition, one set of identical uncolored elevations shall be submitted in paper format for the CAB application file. These elevations shall be included in the related site plan submitted to the DRC. Elevations must include all items affecting the appearance of the building, including but not limited to, site amenities, street furniture, air-conditioning grilles, compressors, mechanical equipment, exterior colors and materials (designations), exterior lighting, landscaping, and all signs. These drawings shall be referenced to the color and/or material samples referenced in the application and on the mounted drawings. Photographs and other similar documents which provide sufficient information will suffice for small-scale projects where applicable.

Detailed drawings for all signs, with color and text styles, referenced in the application, except those which cannot be determined because the occupancy of the space is not known, in which case, only the text shall be excluded. Any signs not approved by the board for this reason must be approved prior to the issuance of a sign permit.

A description of exterior material designations and surface treatments (with attached samples, catalog specs, or colored brochures) including roofs and ground treatments. Sample materials may be submitted as segments, catalog cuts, or photographic records attached to the application. Large, bulky materials those of a size or shape that will not fit easily with the application file will not be accepted.

Exterior color samples shall be submitted with the application, including that of signs.

All lighting proposed (e.g. fixture types and locations, materials, lamp design, illumination colors, etc.) shall be included within a site photometric plan and a fixture schedule.

Other information as may reasonably be required by the community development department to provide information needed to process the application.

After obtaining a CAB recommendation for approval for large-scale projects, the applicant shall prepare at least one, professionally crafted, two-point perspective color rendering of the project and one rendered landscaped site plan, as recommended for approval by the DRC and the CAB, for presentation to the city commission in order to obtain a formal approval for the project. The CAB must approve these renderings. Digital images of the plans and renderings must be submitted in JPG, JPEG, TIF, or TIFF formats, resampled at no greater than an 11-inch by 17-inch paper size, with a resolution of 200 dots per inch (dpi), for use in a Microsoft PowerPoint presentation at the city commission hearing.

These requirements are binding for new construction and development projects. The community development director may waive certain requirements for existing projects undergoing renovation and for small scale projects.

1110.2.3.2.

Processing. The filing deadline for consideration at the next regularly scheduled meeting of the community appearance board shall be established by consulting the department of community development, division of planning. An application for formal review per subsection 1110.2.3 shall be submitted to the community development department for processing at the same time as an application for site plan review/approval is submitted for DRC review. If it is determined that a required CAB application has not been filed within two weeks of the DRC submittal, then further review of the latter shall be put on hold until such time as the former is filed. If the structure does not require site plan review per section 511 or has already submitted a site plan application, the application must still receive final CAB approval prior to the issuance of any building permit for the structure(s).

Only if the application receives an official approval, as outlined herein, can the proposal be issued a building permit for construction. No construction or alterations governed by this ordinance may begin without such approval. For those improvements that do not need a building permit, such as painting or general property maintenance (as defined in subsection 1110.3.4), permission to proceed with the project will require a written staff approval from the community development department.

The issuance of temporary and final certificates of occupancy (TCOs and COs) is subject to CAB approval after post-construction, on-site inspections have been completed and approved by the community development department officials.

There are three types of approvals: staff approval, administrative approval, and formal approval.

1110.2.3.2.1.

Staff approvals. Staff approvals will be granted by the staff of the community development department for small-scale projects (as defined herein) provided that the project will comply with the preferred design standards provided for in this ordinance. These projects, if approved, do not require further CAB review, unless a determination is made that the project requires city commission approval.

1110.2.3.2.2.

Administrative approvals. Administrative approvals by the community appearance board subject to the written approval by the community development department shall be granted to medium- scale projects (as defined herein) provided that the project will comply with the preferred design standards provided for in this ordinance. These projects, if approved, do not require further CAB review, unless a determination is made that the project requires city commission approval.

1110.2.3.2.3.

Formal approvals by the city commission. Formal approval by the city commission shall apply to large-scale projects (as defined herein), as well as any medium-scale and small-scale projects that are required to obtain city commission approval through the processing of related development review applications, such as a conditional use, rezoning, variance, or appeal. The formal review shall be processed to the community appearance board (CAB) and the community development department for a recommendation to the city commission. The CAB may require modifications to the documents submitted to ensure better compliance with the community design plan (CDP). Once the CAB determines a recommendation is warranted on the application a written recommendation shall be forwarded to the city commission. The city commission shall take one of the following actions on the application as recommended by the CAB.

Approval as is;

Deny as is;

Approval with modifications or conditions; or

Remand it back to the CAB for further review with specific instructions.

1110.2.3.2.4.

Time restrictions.

Code enforcement action. Structures that are issued a notice of violation by the city community standards division for noncompliance with design or aesthetic standards shall have ten working days from the date of notice to submit a complete application to the community development department for community appearance board review. A citation shall not be issued while the project/property is undergoing review, which will enable the owner/applicant to consider steps to address and correct the problem(s) within a reasonable amount of time. The owner/applicant shall have a 30-day period after obtaining the required approval in which to apply for and be granted building or exterior painting permits in order to proceed with the project. The community development department may grant additional time for the property owner to apply for and receive a building permit if it is determined that there has been reasonable progress made in the effort to obtain the permit. If, at any time, the community development department determines that the applicant is not making such progress, then the code enforcement citation shall be issued. In the case of painting of the structure(s), the owner/applicant must commence the project within 30 days after receiving approval for the colors and material finishes and permission to paint. The community development department may grant additional time for the property owner to commence the painting project, if it is determined that there has been reasonable progress made in the effort to bring the structure into compliance. Failure to comply with these procedures and with the design standards shall result in the issuance of a citation to the owner.

Resubmitted plans. Applicants for projects that have made a compete formal submittal to the CAB shall have a 90-day period following a written request for additional information in which to revise plans or applications in order to make corrections. The community development director may waive the 90-day requirement, if requested by the applicant, with proof that reasonable progress is being made in revising the application.

1110.2.3.3.

Membership. The CAB shall consist of persons who shall be paid architects licensed and registered in the state and recommended for appointment by the city manager or his or her designee and ratified by the city commission. The city's cost recovery ordinance shall be used to cover the review expenses as needed. The CAB may call on the planning and zoning board chairperson or his or her designee, the community development director or any other city staff as necessary to complete its review.

Additional board rules of procedure may be established by the community development department and the contracted CAB consultant architects once they are appointed.

1110.2.3.4.

Exemptions. The following applications for development or building permit shall be exempt from the application of this chapter:

Single-family and duplex residences and accessory structures located completely on their lots such as fences, private walls, etc.

Any building or structure for which final site plan approval has been obtained prior to August 1, 2006.

Any of the following must submit an application or written request to the community development department on a project-by-project basis for a determination for exemption or exception from the requirements of this chapter if the applicant demonstrates that it satisfies one or more of the following criteria:

(i)

Documented (written and/or graphic)evidence of a previously existing, acceptable and ongoing unified design requirement or architectural scheme within a DRI, PUD, PID or similar master plan.

(ii)

A project that can demonstrate that no portion of the building facades would be visible from any perimeter of the project.

(iii)

A project is determined to be of a temporary nature such that meeting the full spirit and intent of the ordinance would not be practical.

(iv)

Existing buildings undergoing renovation to repair damage to structures caused by fire, flooding, windstorm, or similar circumstance.

Application procedures for the exemptions set forth in above will be established by the community development director, as necessary. This shall include, but not be limited to, filing variance or appeal applications for ultimate approval by the city commission or waivers for administrative approval.

The city commission may grant the exemption, deny the request or allow for variance from certain sections of this ordinance, based on a case by case review of previous approvals within the development based upon the city commission's determination of the degree of compliance with the criteria for exemption.

1110.3.

The community design plan (CDP).

1110.3.1.

Scope. The overall community design plan is a single, unified three-dimensional impression of the community in its existing state and in consideration of its development potential. It consists of a general description of the city's attributes, followed by the treatment of specific areas, buildings and exterior space. It is intended that everything stated— the general descriptions as well as the specific recommendations—shall be considered a part of the design plan and as such shall constitute the basis of review by this board.

In general, our community possesses an evident geometric order derived for the directional influence of natural topographic features. These are made more pleasing, are softened, and are enlivened through variety among their component parts. This same variety carries through into manmade features of roads and canals whose curves and bends result in the change that produces interest instead of monotony.

1110.3.2.

General requirements. The general requirements outlined in this section are minimum aesthetic standards for all site development, buildings, structures or alterations within the corporate limits of the city except for single-family residences.

It is required that all new site development, structures, buildings or alterations to site development, structures, or buildings show proper design concepts, express honest design construction and be appropriate to its surroundings.

1110.3.2.1.

Buildings/structures.

1110.3.2.1.1.

General criteria. New buildings or structures that are a part of a present or future group or complex shall have a unity of character and design. This relationship of forms and the use, texture and color of material shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the city, the design, scale and location on the site shall enhance rather than dominate or detract from the character, value and attractiveness of the surroundings. All new buildings shall comply with the architectural design standards described herein.

New buildings or structures located along strips of land or on single sites and not a part of a unified multi-building complex shall strive to achieve visual harmony with the surroundings. If they are built in underdeveloped areas, the primary requirements shall:

Express honest design.

Show proper design concepts.

Be appropriate to the city.

Existing buildings undergoing remodeling and minor renovations (with a construction value 50 percent or less of the assessed value) which affect the exterior aesthetics (including painting as defined in subsection 1110.3.4) must comply with the intent of the architectural design standards as described herein, unless the project entails the repair of damage as outlined in subsection 1110.2.3.4, with special adherence to exterior and roof finish materials and colors. Building form may not necessarily have to comply. Window replacement must be consistent with the standards and comply for the entire facade.

Existing buildings undergoing major renovation (with construction value exceeding 50 percent of assessed value) must conform with the architectural design standards described herein, unless the project entails the repair of damage as outlined in subsection 1110.2.3.4.

It is not to be inferred that buildings must look alike to be harmonious. Harmony can be achieved through the proper consideration of scale, proportions, site planning, complimentary design elements, landscaping, materials, repeating shapes, and forms, accents and color.

"Look alike" buildings are not allowed unless, in the opinion of the city, there is sufficient separation to preserve the aesthetic character of the present or evolving neighborhood, or it is necessary to create a unified theme that is deemed visually attractive, identifiable and unique. This is not to be construed to prohibit duplication of floor plans and exterior treatment in a planned development where, in the opinion of the city, the aesthetics of the development depend upon or are enhanced by the look alike buildings and their relationship to each other. Prototypical or "corporate" designs for buildings are not permitted, without respecting the requirements and intent of this ordinance, particularly as a repetitious design proposed to be located in various parts of the city. The proposals must adhere to achieving compatibility and harmony with their surrounding environment through the use of design tools described above.

Buildings that are of symbolic design for reasons of advertising and marketing and buildings which are not compatible to the aesthetics or atmosphere of the city will not be approved by the city. Symbols attached to buildings will not be allowed unless they are secondary in appearance to the buildings and landscape and are an aesthetic asset to the building project and neighborhood.

Exterior lighting may be used to illuminate a building and its grounds for public safety purposes, but in an aesthetically pleasing manner. Lighting is not to be used as a form of advertising in a manner that is not compatible to the neighborhood or in a manner that draws considerably more attention to the building(s) or grounds at night than in the day. Lighting following the form of the building or part of the building or structure or sign will not be allowed, if, in the opinion of the city, the overall effect will be garish or detrimental to the environment. All fixtures used in exterior lighting are to be selected for functional and aesthetic value.

Building surfaces, walls, and roofs that are considered garish by the city will be denied approval.

"Take-out" or "pick-up" windows of retail or whole sale establishments shall not be located on the building facade that faces a public right-of-way, unless they are designed in such a manner as to be an aesthetic asset to the building and neighborhood.

All exterior forms, attached or not, to buildings shall be in conformity to and secondary to the building. They shall be an asset, both to the aesthetics of the site and to the neighborhood.

Industrial, commercial, institutional, utility, and civic buildings (including shopping centers, wholesale and retail centers, outparcels, warehouses and light industrial) must be strictly controlled and must conform to the overall image of the city as set forth herein. These buildings must, of necessity, reflect the manufacturing, commercial, or civic activity, but they shall be designed in accordance with proper design concepts and honest design construction. Wherever possible, imagery reflecting the spirit of the community design plan and the architectural design standards must be incorporated. Design emphasis shall be placed on all facades visible to the public or from adjacent properties. That is not to say that facades that are not directly visible to the public shall not comply with the spirit of the architectural design standards because the intent is to create a built environment that is aesthetically pleasing to frequent users of the building/site as well as to the public-at-large. The grounds surrounding the building, although they must also reflect the appropriate activity, shall be planned to present a sense of aesthetic and geometric order. There shall be definite boundaries to storage, loading, pedestrian and bicycle activity and parking areas. Screening shall be used to shield parking and/or truck use yards, storage and activity areas from the public view. Landscaping is to be employed on the site, not only to enhance the building or buildings, but also to create a pleasing atmosphere throughout the site. Accessory buildings and structures shall be harmonious with the main building(s).

Outside equipment, including hoppers, cranes, mechanical apparatus, playground apparatus, street furniture, bollards, bicycle racks, and so forth, shall be painted a pleasing color that will blend with the whole. Vibrant or bright colors as a base color are not permitted.

All telephones, vending machines, or any facility dispensing merchandise or a service on private property shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building.

No advertising will be allowed on any exposed amenity or facility, such as benches and trash containers.

Symbolic color of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighborhood and in compliance with the architectural design standards described herein. Such symbolic colors are considered to be signs depicting corporate identity that does not reflect the values of Lauderdale Lakes' CDP.

1110.3.2.1.2.

Signs. Signage shall be incorporated into proposed plans to be approved by the city. The city sign regulations are amended to allow the city commission or their designee to modify signage to meet the spirit and intent of the city's community design plan, especially as it relates to colors, materials, size and location. Monument signs larger than 20 square feet in area shall incorporate a landscaping design around the base of the sign in accordance with subsection 1005.7 at a minimum. Applicants are encouraged to exceed the minimum monument sign landscaping requirements with an attractive landscaping design. All signs, whether permanent, temporary, or exempt, as defined by chapter 10, shall comply with the design criteria and community appearance standards and shall be used to enhance, not detract from, the buildings or site. Traffic signs, particularly handicapped accessible signs, since they are notably visible near a primary facade or adjacent to a building or site entrance, must be designed to have a decorative pole, frame or form. Such signs shall reflect the character of the land use. In industrial use areas, for example, galvanized steel or fluted metallic poles are acceptable. In commercial and residential use areas, on the other hand, decorative wooden or metallic poles are appropriate. Standard "U-channel" or solid metal poles are prohibited.

1110.3.2.1.3.

Lighting. Lighting shall be incorporated into proposed plans to be approved by the city. Site lighting shall be designed to meet the spirit and intent of the city's community design plan, especially as it relates to pole heights, fixture and lighting colors, lamp and pole design, and location. The CAB will determine appropriate areas of the site in which to incorporate pedestrian oriented lighting fixtures during the preliminary review stages. Parking lot pole fixtures shall be limited to 25 feet in height and designed to meet the photometric requirements of the site. The non-cutoff decorative pole fixtures shall be no higher than 12 feet high to the top of the fixture. Lighting fixtures attached to the walls of the buildings shall harmonize with the architectural character of the buildings and are restricted to traditional "Mediterranean-style" sconces to be located on all visible facades. Typical wall pack fixtures may be used only within truck yards and loading areas on facades that are not visible from the perimeter roads of the site, unless additional landscaping is provided to screen such fixtures, as approved by the CAB.

1110.3.2.1.4.

Landscaping. Landscaping shall be incorporated into proposed plans to be approved by the city. Landscaping shall be designed to exceed the minimum code requirements provided in chapter 9 and to meet the spirit and intent of the city's community design plan, especially as it relates to plant material selections and heights, locations and buffer design. Flowering shrubs, trees, ground cover and annuals are encouraged wherever possible to enhance the site design. The CAB will determine appropriate areas of the site in which to incorporate additional landscaping to enhance the pedestrian experience, during the preliminary review stages.

1110.3.3.

Specific architectural design standards. In addition to the general criteria, the following specific architectural standards shall apply:

1110.3.3.1.

Design concepts. The principles set out below are not intended to limit innovative architecture, but to establish a meaningful design guide for development and redevelopment in the city. All development shall be designed in accordance with the fundamental concepts described in this section. The fundamental design concepts shall include:

The design of architecturally varied structures within planned developments through the use of varied building massing, juxtaposition of vertical and horizontal planes, roofscapes, window and door design, ornamentation, materials, and colors. All designs shall comply with the spirit and objectives of the community design plan and the minimum architectural design standards.

The linkage of landscaped exterior spaces (courtyards, loggias, pergolas, arcades squares, and plazas) to buildings.

The linkage of separate development parcels by adequate and accessible pedestrian, bicycle, and vehicular connections.

The recognition of the South Florida climate which should influence building shape and orientation, the nature of roofs and overhangs and the location and size of windows and doors.

The identification of individual subdivisions by utilizing appropriately designed and scaled signage and pedestrian amenities.

The use of private common open space as a community design feature to encourage public gathering spaces.

1110.3.3.2.

Pedestrian orientation. All proposed nonresidential and multi-family residential development shall contribute to the creation of a pedestrian oriented community by providing the following:

Emphasis on the building's street facades as major elements of the overall streetscape; and

Street-level architectural treatment, including colonnades, arcades, balconies, awnings, canopies, and other shade producing elements, should be provided along all pedestrian-oriented frontages.

Pedestrian oriented frontage shall be adjacent to building entrances and integrated with adjacent properties.

1110.3.3.3.

Minimum architectural design standards. All new construction, as well as remodeling and renovation of existing buildings and structures, within the city should exhibit Spanish, Italian and French Mediterranean Revival style architecture. Strong unifying characteristics include Spanish "S" or barrel tile roofs, pale pastel-colored washed walls, simple uncluttered detailing and trimming, and the appearance of thick walls and columns and prominent entrances.

The emphasis on open architecture such as balconies, courtyards and verandas is suited for Lauderdale Lakes' subtropical climate. The selected architectural styles, Spanish, Italian and French Mediterranean Revival, will be described herein. Appropriate variations or interpretations of styles are permitted only when approved by the city commission. These regulations shall apply to all developments except single-family and dual-family residences. Where the scale may not harmonize with these standards, the design will create similar imagery consistent with that set forth herein.

The design standards contained herein are either mandatory or discretionary. The terms "required" and "prohibited" are mandatory. The terms "preferred" and "discouraged" are discretionary. These terms are defined below.

Required.

Required items are design elements that are necessary in order to maintain the desired character and quality.

Compliance is mandatory for project approval.

Preferred.

Preferred items are design elements that, whenever possible, should be used in order to maintain the desired character and quality. Preferred items are intended to promote the following goals with respect to desired character and quality:

Consistency of neighborhood character.

Consistency of architectural style.

Consistency of building form and mass.

Consistency of materials and colors.

Consistency of location of elements.

Incorporating preferred items into a design increases the probability of, but does not assure, project approval.

Discouraged.

Discouraged items are design elements that should not be used in order to maintain the desired character and quality. The use of discouraged elements in rehabilitation or new construction is often inconsistent with desired zoning district character and quality goals.

Consistency of neighborhood character.

Consistency of architectural style.

Consistency of building form and mass.

Consistency of materials and colors.

Consistency of location of elements.

Incorporating discouraged items into a design decreases the probability of project approval and may result in project denial if, in the reasonable discretion of the city, the incorporation of such items causes the project to be inconsistent with the design goals set forth herein.

Prohibited.

Prohibited items are design elements that do not maintain the desired character or quality.

Use of prohibited elements mandates project denial.

Not applicable.

Refers to items that have not been reviewed and/or do not apply to conformance with standards.

Use of these items may or may not affect project approval.

1110.3.3.3.1.

Building form. Distinguished by simple and strong configurations, Spanish, Italian and French Mediterranean Revival style developments are typically less than four stories in height. Where feasible, four story or taller structures shall use imagery to comply with the spirit of these regulations. Spanish, Italian and French Mediterranean Revival style buildings often exhibit symmetrical or asymmetrical facades with varying roofs. Wall planes predominate on primary surfaces (windows, doors, and other design features shall be integrated within and shall enhance the facade development). Usually one or more predominant arches are incorporated into the exterior design. They are typically semicircular and in regular series with columns as supports or walls. Stucco columns should be square, rectangular or round, and appear massive in thickness. The column height should be four to five times the width of the column. Balconies, porches, canopies, awnings and verandas may be integrated into the building form to add articulation to the design.

Preferred.

Simple, strong rectilinear forms.

Wall planes predominate.

Semicircular arches.

Column height four to five times column width.

Capitals and column bands.

Balconies, porches, verandas, courtyards.

Wrought iron or wood railings.

Appearance of "thick walls."

Discouraged.

Complex or angular building forms.

Excessive large windows with irregular placement on the facades.

Flat or parabolic arches.

1110.3.3.3.2.

Roofs. Spanish, Italian and French Mediterranean Revival roofs exhibit a combination of gable and hip roofs.

Required.

Traditional red barrel tiles, tapered or "S" shaped tile (clay or cement) on all hip or gable roofs.

Preferred.

Hip or gable roofs.

Simple short overhangs.

Exposed rafter tails.

Decorative chimney or bell tower.

Gutters and downspouts designed as a continuous architectural feature.

Exposed gutters and downspouts painted to match adjacent roof or wall material.

Flashing, vent stacks and pipes painted to match adjacent building surface(s).

4:12 to 8:12 pitched roofs.

Discouraged.

Large areas of flat roofs except where appropriate (e.g. storage/distribution centers).

Prohibited.

Flat roofs visible over ten percent of total roof.

Gambrel roofs.

Solar panels on the street-side.

Non-earth tone colored tile.

Shingles.

Very low pitched roofs (slopes less than 4:12)

1110.3.3.3.3.

Windows. Windows typically exhibit rectangular or round-headed openings. They have several small panes in each window rather than one large pane of glass. A large window area may be used as an accent on only one or two elevations. If proposed, roll-down hurricane shutters shall be built-in recessed window heads and jambs.

Preferred.

Large window areas as accent only.

Fenestration separated and "broken up" by building elements or trims.

Small, multi-paned windows.

Round-headed windows.

Recessed openings.

Roll-down shutters (recessed).

Removable hurricane panels.

Bahama shutters where appropriate.

Discouraged.

Large windows except when used as accents.

Continuous, unbroken expanses of glazing.

Metal or aluminum awnings, unless they are complimentary to the building facade.

Prohibited.

Glass block.

Jalousie windows.

Picture windows.

Accordion shutters.

1110.3.3.3.4.

Entrances. Like windows, doors in Spanish, Italian and French Mediterranean Revival architecture are rectangular or round-headed. The doorway should be fully recessed in order to convey the appearance of thick, protective exterior walls. Doors are traditionally made of a "heavy" look, as well as being highly detailed.

Required.

Appropriate scale and proportion.

Preferred.

Recessed entry design.

Fan light or fenestration above and/or next to door.

French doors.

Articulated and ornamental door design.

Entrance well articulated and dominant from street-side.

Discouraged.

Solid, unarticulated doors.

Stained glass sidelights.

Entrance behind a porte cochere.

Prohibited.

Overdramatic, out-of-scale and/or proportion entrances.

Entrance not visible from street side.

Entrance dominated by garage doors.

1110.3.3.3.5.

Garages and accessory buildings and structures. Garages, storage sheds, enclosures, masonry walls, perimeter walls, signs, poles, fences, decks and other ancillary structures are elements which should be integrated with the principal building in color and architectural style. Garage doors and loading overhead doors shall not be visible from a straight-on elevation from street-side whenever possible unless adequately screened or buffered from adjacent properties.

Required.

Same or complimentary color and materials as the principal building.

Preferred.

Spanish, Italian and French Mediterranean Revival style architecture. Same color and materials as the principal building.

Dumpster, compactor, and mechanical equipment enclosures shall have colors and trim details to match the principal building color and design with gates composed of opaque materials, such as wood or prefabricated metal, painted in a secondary approved color; chain-link gates with or without slats are prohibited.

Black or white aluminum, wrought iron, or white picket fencing in the most visible and pedestrian oriented areas of the site.

Fencing or gates painted in primary colors as accent, if deemed appropriate.

Chain-link fencing and gates with black or green vinyl coating, where appropriate, and especially in less visible locations as determined by staff.

Uniform perimeter fencing types along major roadways, especially within single-family residential parcels.

Appropriate landscaping, such as hedges, as required by code to be adjacent to the accessory structures and equipment to provide additional screening.

Discouraged.

Different color or material than principal building.

Shadowbox fencing, except for within single-family and duplex residential parcels, notwithstanding the creation of a uniform perimeter fence along a major roadway. Shadowbox fencing will be permitted in planned industrial districts (PIDs) around lift stations and similar outdoor utility facilities provided that the wood pickets are painted to match the adjacent buildings.

Prefabricated walls or structures, unless approved by the city.

Prohibited.

Metal storage sheds.

Uncoated, galvanized chain-link fencing.

Chain-link gates with slats.

Carports.

Garages facing street.

1110.3.3.3.6.

Exterior materials/colors. Stucco is the primary Spanish, Italian and French Mediterranean type wall surface material. A smooth or light textured stucco finish is required. Accent materials and colors used to complement the stucco are encouraged in moderation. To the extent feasible, the use of tile, wood, brick and finished concrete should be used as design accents only. Buildings, accessory structures, perimeter walls, and signs are required to have at least two colors, but may be encouraged to have up to three colors or more when deemed appropriate. When using more than two colors, there shall be one or two base colors and one or two trim colors. Base colors and materials shall be warm pastels, light pastels, or shades of white selected in compliance with the pre-approved color palette. The trim/fascia colors shall be tones or shades of cream or off-white. Accent materials and colors are not limited to the pre-approved color palette, however, they must be approved by the CAB. Whereas the pre-approved color palette may be used as a guide for color selection, final CAB color approval shall only be given once the CAB reviews the selected color combinations shown as part of the design submittal package.

Required.

The principal building color(s) selected shall be approved by the CAB.

Smooth or light textured stucco finish.

Trim/fascia colors shall be shades of cream or off-white.

Preferred.

Any color tile, wood, brick or finished concrete as accent material where feasible.

Warm, light pastel or off-white principal color.

Light pastel or white window trim to harmonize with principal building color.

The principal building and trim color colors selected from the palette.

Greens or reds used as accents approved by the CAB, but not as fascia colors.

Discouraged.

More than four colors (principal building and trim).

Principal building color not representative of architectural style.

Trim/accent color(s) not compatible with principal building and trim.

Trim/accent color(s) not compatible with architectural style.

Prohibited.

Any material other than stucco as the primary building material.

Primary color trims for windows and doors.

Non-approved colors for principal building and trim.

Blacks, yellows, reds, purple, blues, greens, as principal building color.

Blacks, yellows, reds, purple, blues, greens, as fascia colors.

Shades of purples, red (excluding doors), yellow and fluorescent colors as trim or accent.

Stain as principal building color.

1110.3.3.3.7.

Pedestrian/bicycle paths. Pedestrian/bicycle paths incorporated into a plan, shall have a minimum of six feet of pavement width. The path shall connect all the residential parcels to park(s) and school(s), recreational areas, and whenever possible, commercial parcels. The use of brick pavers or specialty paving materials is encouraged.

1110.3.3.3.8.

Supplemental development element regulations. Other elements which affect the overall community character and quality are as follows.

(a)

Mechanical equipment.

Required.

All roof-mounted equipment must be screened by compatible materials equal to the height of the equipment.

Preferred.

Screened from view.

Insulated for sound attenuation.

Located in attic or backyard with appropriate landscaping.

Discouraged.

Located other than in attic or backyard.

Ground-mounted equipment higher than four feet above grade.

Prohibited.

Roof-mounted equipment visible from abutting properties.

Yard-mounted equipment visible from street-side.

(b)

Front yard accouterments.

Preferred.

Ornaments and objects d'art visible from street only when approved by the CAB and the community development department.

Prohibited.

Ornaments and objects d'art visible from street and not approved by the CAB and the community development department

1110.3.4.

Definitions/glossary of architectural terms. While many of these terms do not appear in this manual, they may appear on architectural drawings and are included to facilitate a better understanding of building design. Additional terms can be found in "Construction Dictionary" by Greater Phoenix, Arizona Chapter 98, The National Association of Women in Construction, Library of Congress Catalog Card #73-83758.

1111.1

Intent. The regulations and requirements set forth herein establish general guidelines for the siting of wireless telecommunications towers and antennas and are intended to accomplish the following purposes:

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

Provide for the appropriate location and development of wireless communications facilities within the municipal limits;

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

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

Minimize the total number of towers throughout the community by strongly encouraging the co-location of antennas on new and pre-existing towers and other structure sites as a primary option rather than construction of additional single-use telecommunications towers;

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

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

Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the city shall at all times give due consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of telecommunications towers and antennas.

1111.2.

Applicability and administration. All new telecommunications facilities and repairs or modifications to existing telecommunications facilities in the city shall be subject to the regulations in this ordinance to the full extent permitted under applicable state and federal law. This chapter shall not apply to new and existing telecommunications facilities owned by the city and used for the city's public safety and communications purposes. Construction and maintenance of such city facilities may be subject to the development standards contained herein, and to other provisions of the City Code and the city's LDRs.

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

Broadcasting facilities/amateur radio station operators/receive only antennas. This ordinance shall not govern any broadcasting facility or a telecommunications facility owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

Pending applications. This chapter shall apply to applications for telecommunications facilities, telecommunications towers, and antennas as defined herein unless prohibited by applicable law.

Not essential services. The providing of personal wireless services and the siting and construction of telecommunications facilities shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services or public safety telecommunications as defined herein.

Except for matters herein specifically reserved to the city commission, the city manager shall be the principal city official responsible for the administration of this chapter. The city manager may delegate any or all of the duties hereunder unless prohibited by applicable law.

1111.3.

Application requirements. The city may create an application form as may be amended from time to time, for a person to apply for the construction, installation, or placement of a telecommunications facility, telecommunications tower, or antenna within the city consistent with the terms of this chapter.

Upon application by service provider, the city reserves the right to negotiate for space on any new telecommunications tower at a rate to be determined by service provider and the city. The following information must be included in an application:

Whether the proposed facility is the principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or telecommunications tower on such lot.

Lot size. For purposes of determining whether the installation of a telecommunications tower or antenna complies with the zoning provisions, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or telecommunications tower may be located on leased parcels within such lot.

Specific information about the proposed location, height, and design of the proposed telecommunications facilities.

An inventory of existing sites.

Each applicant shall provide the city with an inventory of its pre-existing telecommunications towers and antennas within the city, and the pre-existing sites of other service providers' telecommunications towers within a one mile radius from the proposed site.

For applications for new telecommunications towers, the applicant must provide information to demonstrate, pursuant to the procedures listed within this subsection, that no pre-existing telecommunications tower, structure, or state of the art technology that does not require the use of new telecommunications towers or new structures, can accommodate or be modified to accommodate the applicant's proposed telecommunications tower. Evidence submitted to demonstrate that no existing telecommunications tower, structure or state of the art technology is suitable may consist of the following:

An affidavit demonstrating that pre-existing towers or structures located within the geographic search area as determined by a licensed engineer 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.

An affidavit that pre-existing towers or structures are not of sufficient height to meet applicable FCC requirements, or engineering requirements of the applicant.

An affidavit that pre-existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

An affidavit that the applicant's proposed antenna would cause electromagnetic/radio frequency interference with antennas on pre-existing towers or structures, or the antenna on the pre-existing towers or structures would cause interference with the applicant's proposed antenna.

An affidavit that the applicant's proposed antenna on a pre-existing tower or structure would cause interference with public safety telecommunications.

An affidavit demonstrating that the applicant made diligent efforts but was unable to permission to install or co-locate the applicant's telecommunications facilities on pre-existing telecommunications towers or usable antenna support located within a one mile radius from the proposed site.

An affidavit demonstrating that there are other limiting factors that render pre-existing towers and structures unsuitable.

An engineering report, certified by a qualified radio frequency engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, that shall include:

Information for site plan and community appearance board review, 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 and landscaping embellishment and/or methods used for concealment or camouflage of the proposed telecommunications facilities viewed from the property line, as well as at a distance of 250 feet and 500 feet from all properties within that range, or at other points agreed upon by city staff. Due consideration must be given to potential construction details, including preliminary structural analysis for any proposed structures, such as equipment screen walls.

If applicable based on the application, current wind-loading capacity and a projection of wind-loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower or other structure shall be permitted to exceed its wind loading capacity as provided for by the Florida Building Code, and all other applicable codes and standards, as amended from time to time.

A statement of compliance with this ordinance and all applicable building codes, associated regulations and safety standards as provided herein. For all telecommunications facilities attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications facility.

A certification from a qualified radio frequency engineer that the proposed facility including reception and transmission functions, is not expected to interfere with or obstruct transmission to and from existing public safety telecommunications facilities.

A remedial action plan, subject to the city's approval, that includes, but is not limited to, procedures to rectify any interference or obstruction with public safety telecommunications, its plans to make all necessary repairs and/or accommodations to alleviate the interference or obstruction, and a period of compliance.

Additional information that the city may request consistent with this chapter and applicable law to process the application. In the event the city requests any additional information, the time in which an application is processed shall be tolled pending receipt and further evaluation.

Applications for a telecommunications facility on any property owned, leased or otherwise controlled by the city shall require a lease agreement approved by the city commission and executed by the city and the owner of the proposed telecommunications facility. The city may require, as a condition of entering into a lease agreement with a service provider, the dedication of space on the facility for public safety telecommunications purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease.

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

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

Filing fee.

(1)

An application shall be accompanied by a non-refundable filing fee in the following amount:

Application fee:

New telecommunications tower or equipment facility .....$8,000.00

Antenna array for co-location .....2,500.00

Exception pursuant to subsection 1111.7 .....2,500.00

The application fees are in addition to any other fees imposed by the city's Code. The city commission may amend the amount of the filing fees from time to time by resolution.

(2)

Cost recovery. The purpose of the filing fee is to defray the city's costs in processing the application. All reasonable expenses incurred by the city in considering and processing the application, including, but not limited to, consulting and legal costs, shall be off-set from the filing fee. If, however, the expenses exceed the amount of the filing fee, to the extent not prohibited by applicable law, the applicant shall pay the difference within 30 days of the date it receives notice of such additional expenses. If the additional fees are not received by the city within 30 days of the date of notice, the city shall notify such applicant and the applicant shall pay an additional late fee at the rate of 18 percent per annum of the amount unpaid or underpaid, provided, however, that such rate does not exceed the maximum amount allowed under the applicable law. In such case, the rate will be the maximum allowed by law. If the city does not receive said fee in total within 60 days of the date of notice, the city shall notify the applicant in writing and may revoke any approval.

1111.4.

Review process. Unless otherwise authorized by state or federal law, no person shall construct, install or maintain a telecommunications facility within the city without the city's approval pursuant to this ordinance. The city shall review and respond to an application within the time dictated by the nature and scope of the individual application, subject to the generally applicable time frames and consistent with the intent of the Telecommunications Act.

The community development department shall review the application for consistency with the city's comprehensive plan, land development regulations and compatibility of the proposed telecommunications facility with the surrounding neighborhood. For applications that are not subject to the city commission's approval pursuant to this ordinance, the community development department shall issue a written decision either approving or denying an application. The city shall not approve an application for a proposed telecommunications facility that will interfere with any public safety telecommunications, or is otherwise not in compliance with this ordinance. In the event the city denies an application, the reasons for denial in shall be in writing. An applicant may appeal as provided for in section 515 of the LDRs.

For applications that are subject to the city commission's approval, the community development department shall issue a written recommendation to the city commission. The city commission shall consider any part of the application, the community development department's recommendation, and any additional evidence presented by the applicant and the public.

The city commission's decision either approving or denying an application shall be by resolution. Any decision of the city commission to deny an application shall authorize the city to set forth in writing the city commission's reasons for the denial. It is the intent of this section to establish a procedure for compliance with the "written decision" and "substantial evidence" requirements of the Telecommunications Act, 47 U.S.C. § 332(c)(7)(B)(iii).

The city commission's written reasons for denial of an application may include, but are not limited to, compatibility with the surrounding neighborhood or lack thereof, compliance or noncompliance with the comprehensive plan, this chapter or any other provision of the City Code.

The city commission's written reasons shall incorporate by reference the complete application, minutes of public hearings, and any recommendations and findings by the city manager and/or the city commission.

If an application is denied because the proposed facility does not meet the requirements of subsections 1111.5 or 1111.6, the applicant may file an application for an exception pursuant to subsection 1111.7.

1111.5.

Development standards.

General regulations. The standards listed in this section apply specifically to all antennas, towers and telecommunications facilities located on property owned, leased, or otherwise controlled and approved by the city or located on private property. The city reserves the right to modify or waive the requirements on public property. The city to provide access to city property.

Local, state or federal requirements. The construction, maintenance and repair of telecommunications facilities are subject to the supervision of the city to the full extent permitted by applicable law, and shall be performed in compliance with all laws, ordinances and practices affecting such facility including, but not limited to, zoning codes, building codes, and safety codes, and as provided herein. The construction, maintenance, and repair shall be performed in a manner consistent with applicable industry standards, including the electronic industries association. All telecommunication towers and antennas must meet current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas within the city shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to comply with applicable standards and regulations shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense.

Co-location. It is the intent of the city to encourage co-location of antennas by more than one service provider on pre-existing telecommunications towers and structures. Except as provided herein, all towers shall have the capacity to permit multiple users. At a minimum, monopole towers shall be able to accommodate two users and, at a minimum, lattice or guyed towers shall be able to accommodate three users.

Co-location incentive. To encourage such co-location, the community development department may approve an application submitted to co-locate antennas on an existing structure, pre-existing telecommunications tower, or a stealth facility, consistent with this chapter. The community development department may review such applications and submit a recommendation to the city commission for final approval or denial.

All other applications shall be subject to approval or denial by the city commission.

Hierarchy of siting alternatives. Development of a telecommunications facility shall be in accordance with the following siting alternatives hierarchy:

(1)

The order of ranking is from highest (a) to lowest (j). Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available in the manner described in subsection 1111.3. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

(a)

Co-location on existing stealth tower on city-owned property.

(b)

Co-location on existing telecommunications tower on city-owned property.

(c)

Attached telecommunications facility on city-owned property.

(d)

Co-location on existing structures on city-owned property.

(e)

Co-location on existing stealth tower on privately owned property.

(f)

Attached telecommunications facility on privately owned property.

(g)

New stealth tower on city-owned property.

(h)

New stealth tower on privately owned property.

(i)

New telecommunications tower on city-owned property.

(j)

New telecommunications tower on privately owned property.

(2)

For siting of new telecommunications towers on privately owned property, the following secondary hierarchy of zoning districts from highest (i) to lowest (viii) is applicable. Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that the higher ranked zoning alternative is not available pursuant to subsection 1111.3. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

(i)

M-1 or PID Industrial districts.

(ii)

U Utilities districts.

(iii)

CF Community Facilities district.

(iv)

B-1, B-2, or B-3 Business districts.

(v)

OP Office Park district.

(vi)

OS Recreation/Open Space district.

(vii)

All other districts are least favored.

To minimize the visual impact of telecommunications facilities in these other districts, only stealth facilities may be permitted

Interference with public safety telecommunications. To the extent not inconsistent with applicable federal law, all providers of telecommunications services and telecommunications facilities, towers, and antennas shall comply with the following:

Any telecommunications facility, tower, or antenna that causes interference with the operations of public safety telecommunications services, shall, after receiving notice, rectify the interference immediately.

In the event that the telecommunications facility, tower, or antenna interferes with public safety telecommunications, it shall be the responsibility of the service provider that creates the interference to make all necessary repairs and/or accommodations to alleviate the problem at its expense. The city shall be held harmless in this occurrence.

In the event that the service provider interferes with public safety telecommunications, once it rectifies the interference, it shall, within 30 days, file a report with the city by a qualified radio frequency engineer that includes, but is not limited to, the source of the interference, how the interference was rectified, and service provider's plans on preventing such interference from occurring in the future.

To the extent not inconsistent with applicable law, if the service provider refuses to rectify interference within 24 hours of receiving notice, the city may, in addition to the remedies provided in subsection 1111.11 herein, file a complaint with the FCC for resolution and/or seek an injunction against the service provider pursuant to F.S. § 843.025 that makes it unlawful for any person to deprive a law enforcement officer of his or her radio or to otherwise deprive the officer of the means to summon assistance, or pursue any other remedy authorized by applicable law. Any person who is found to have violated this section shall be punished as provided by applicable law.

Aesthetics. It is the intent of this section to provide for appropriate screening to minimize the visual impact of all telecommunications facilities located within the city.

Telecommunications facilities and towers that are located within 300 feet of a residential district shall be of stealth design.

Towers and antennas shall meet the following requirements:

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

At a telecommunications tower site, the design of the equipment facilities and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact yet maintaining standards as set forth by the City Code.

The equipment facilities shall be completely surrounded by a decorative concrete block and stucco or pre-cast concrete wall, designed in a "Mediterranean Revival" architectural style. This decorative wall shall be designed at the minimum height necessary to completely screen the equipment facilities so as not to be visible from abutting public streets.

Architectural embellishment to the decorative wall shall be integrated into the design. Adequate access shall be provided by opaque gates, such as finished solid aluminum or corrugated metal panels. Gates composed of wood or galvanized or vinyl-coated chain link material with or without slats are not permitted. The colors of the wall, gates and accessory structures shall meet the standards provided for in the community appearance board approved color palette in subsection 813.3.3.3.6. The wall shall be designed by an architect registered in the state that is familiar with local building codes.

This decorative wall must be surrounded by a ten-foot wide landscape buffer to include three tiers of plant material, designed by a landscape architect registered in the state. The three tiers shall include, at a minimum, native shade trees planted one tree per 30 feet on center with 14-foot minimum heights; a continuous hedge broken only where access gates are required; and groundcover including annuals. Palm trees are to be used as accent plant material. Proper irrigation must be provided and maintained for long-term maintenance of the site or parcel. The overall aesthetic appeal and relationship with the architectural design of the wall and the site will be judged by the community appearance board for compliance with these design criteria.

Telecommunications tower sites must comply with any landscaping requirements of the City Code and all other applicable aesthetic and safety requirements of the city, and the city may require landscaping in excess of those requirements to enhance compatibility with adjacent land uses. All landscaping shall be properly maintained to ensure good health and viability at the owner's expense. Telecommunications facilities shall be landscaped as required by the city.

If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting equipment facility shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

No more than one telecommunications tower shall be located on a single lot or single building site.

Rooftop mounted telecommunications towers.

The height, including the base pad and other support structures, shall not extend more than 30 feet above the height of the roofline;

The height of the building shall be at least 30 feet;

If a tower is installed on a building it shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting building and shall be screened as required by the city so as to make the tower and related equipment as visually unobtrusive as possible.

Antennas on pre-existing structures. Any antenna which is attached to any structure other than a pre-existing telecommunications tower may be approved by the city as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure provided.

The antenna does not extend more than 30 feet above the highest point of the structure;

The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and

To minimize adverse visual impacts, antennas shall be selected based upon the following priority.

(i)

Any stealth antenna (whether panel, whip or dish);

(ii)

Panel;

(iii)

Whip; or

(iv)

Dish.

The applicant shall demonstrate, in order of priority as outlined above and in a manner acceptable to the city, why each choice cannot be used for a particular application.

Antennas on pre-existing telecommunications towers. An antenna attached to a pre-existing telecommunications tower shall be consistent with the following:

A telecommunications tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same telecommunications tower type as the existing telecommunications tower, unless the city allows reconstruction as a monopole pursuant to this section.

Height. An existing telecommunications tower may be modified or rebuilt to a taller height to accommodate the co-location of an additional antenna, only if the modification or reconstruction is approved by the city manager and is in full compliance with this chapter. The additional height referred to above shall not require an additional setback or distance separation as set forth in this section. The tower's pre-modification height shall be used to calculate such setback and distance separations.

An antenna may be mounted on an existing light, utility or power pole provided the height of the antenna does not extend more than the top of such pole. An existing light, utility and power pole may be modified, replaced or rebuilt to accommodate an antenna so long as the height of such pole is not increased by more than its existing height.

Onsite location. A telecommunications tower that is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within 50 feet of its existing location. After the telecommunications tower is rebuilt to accommodate co-location, only one telecommunications tower may remain on the site. A relocated onsite telecommunications tower shall continue to be measured from the original telecommunications tower location for purposes of calculating separation distances between towers pursuant to this section. The relocation of a telecommunications tower pursuant to this section shall not be deemed to cause a violation of the separation requirements contained herein.

Microwave dish antennas located below 65 feet above the ground may not exceed six feet in diameter. Microwave dish antennas located 65 feet and higher above the ground may not exceed eight feet in diameter. Ground-mounted dish antennas must be located as required by the city and screened, at a minimum, by 20-foot landscape buffer with one tree per 30 feet as well as understory trees, plus a continuous dense hedge, so as not to be visible from abutting public streets

Lighting. No signals, artificial lights, or illumination shall be permitted on any antenna or telecommunications tower unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Lighting design, if required or proposed, is also under the purview of the community appearance board. Light fixtures types, if visible, shall be designed in accordance with the architectural design. Industrial type lighting such as wall packs shall be minimized, especially at a visible location.

Setbacks. Telecommunications towers must be set back from the property line a minimum distance of 110 percent of the height of the telecommunications tower or as otherwise approved by the city. For purposes of measurement, telecommunications tower setback distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

Separation. Any telecommunications tower shall be separated from any other telecommunications tower by a distance of no less than one mile as measured by a straight line between the bases of the towers. For purposes of measurement, telecommunications tower separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

Height. Telecommunications towers in excess of 90 feet shall have an alternative tower structure or stealth tower design and shall not be constructed at any heights in excess of those provided below:

For a single user, up to 90 feet in height;

For two users, up to 120 feet in height;

For three or more users, up to 150 feet in height;

For the purpose of determining compliance with all requirements of this section, telecommunications tower height shall be measured from grade to the highest point on the telecommunications tower or other structure, including the base pad and any antenna which may extend more than ten feet over the top of the telecommunications tower structure itself.

Modification of existing telecommunications facility. Minor modification of a telecommunications facility, including alteration of the antenna array shall not require an additional approval so long the modification does not change the height of the telecommunications tower, enlarge the antenna array, or enlarge the equipment facility. All other modifications shall require city manager approval.

Building codes, safety standards and inspections.

To ensure the structural integrity of telecommunications towers installed, the owner shall construct and maintain telecommunications tower in compliance with the Florida Building Code, and all other applicable codes and standards, as amended from time to time. A statement shall be submitted to the city by a licensed engineer certifying compliance with this section upon completion of construction and/or subsequent modification. Where 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 chapter and all other applicable standards as may be amended from time to time. Following the issuance of a building permit, the city shall require an analysis of a soil sample from the base of the telecommunications tower site.

The city reserves the right to conduct periodic inspection of telecommunications facilities, towers, and antennas at the owner's expense, to ensure structural and electrical integrity and compliance with this chapter. The owner of the telecommunications facilities, towers, or antennas may be required by the city to have more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the telecommunications facility, tower, or antenna is jeopardized. There shall be a maximum of one inspection per year unless emergency or extraordinary conditions warrant additional inspections. If, upon inspection, the city concludes that a telecommunications facility, tower, or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner, the owner shall commence work within 30 days to bring such telecommunications facility, tower, or antenna into compliance with such standards. Failure to bring such telecommunications tower into compliance within 60 days of notice shall constitute grounds for the removal of the telecommunications tower, facility, or antenna at the owner's expense.

Warning signs. Notwithstanding any contrary provisions of the city's land development regulations, the following shall be utilized in connection with any telecommunications facility, tower or antenna site, as applicable.

If high voltage is necessary for the operation of the telecommunications 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.

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

The height of the lettering of the warning signs shall be at least 12 inches in height. The warning signs shall be installed at least five feet above the finished grade.

The warning signs may be attached to freestanding poles if landscaping may obstruct the content of the signs.

The face of the warning signs shall be consistent with federal and state law. The trim or framing around the face of the warning signs must be designed to have a decorative appeal.

Licenses. Owners and/or operators of towers or antennas shall certify that all occupational licenses required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required occupational licenses with the city.

Public notice. For purposes of this section, with regard to public notice, the applicant must comply with the procedures and requirements of the city's land development regulations, specifically subsection 501.11. If approved, upon the city's request, the owner of any telecommunications tower approved for shared use shall provide notice of the location of the telecommunications tower and the tower's load capacity to other service providers. All costs related to the public notice shall be paid by the applicant.

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna telecommunications facility, or telecommunications tower unless required by applicable law.

Parking. Each telecommunications facility site may provide parking only for use by maintenance personnel. No vehicle storage shall occur.

Outdoor storage. No outdoor storage of vehicles or maintenance equipment is permitted on-sites approved for telecommunications facilities.

1111.6.

Equipment facilities. Equipment facilities for a telecommunications tower and antennas mounted on a tower shall not exceed 1,000 square feet of gross floor area not including the surrounding concrete pad, or be more than ten feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

Antennas mounted on structures or rooftops. Equipment facilities used in association with antennas mounted on structures or rooftops shall comply with the following:

All equipment facilities for an array shall not exceed 600 square feet of gross floor area or be more than ten feet in height or as otherwise allowed by the city. This ten-foot height limitation shall be measured from the roofline to the highest point of the equipment facility. The base pad shall be considered part of the facility for purposes of measuring the height. In addition, for buildings and structures which are less than four stories in height, the related unmanned equipment facility, if over 100 square feet of gross floor area or six feet in height, including base pad, shall be located on the ground and shall not be located on the roof of the structure unless the building or structure is completely screened from site pursuant to the requirements of this subsection.

Providers shall place equipment facilities inside the building or structure where technically feasible. If the equipment facility is located on the roof of a building, the area of the equipment facility and all other equipment and structures shall not occupy more than 50 percent of the roof area. Once 50 percent of the roof area has been occupied by telecommunications equipment and all other equipment and structures, additional applications for the placement of telecommunications facilities on that particular rooftop must be approved as an exception.

The city may require that equipment facilities installed on a building shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting building and shall be screened as required by the city so as to make the equipment facility as visually unobtrusive as possible.

Equipment facilities shall comply with all applicable zoning and building codes, including minimum setback requirements as provided herein.

Mobile or immobile equipment not used in direct support of a telecommunications tower shall not be stored or parked on the site of the telecommunication tower, except while repairs or inspections of the telecommunications tower are being made.

All buildings and equipment cabinets shall be unoccupied at all times except for routine maintenance.

Equipment facilities used in association with antennas mounted on utility, telephone, electric or light poles shall not be allowed in the public rights-of-way unless located on the utility or light pole itself, and shall be located in accordance with the following:

In residential districts, the equipment facility may be located.

In a side yard setback provided the equipment facility is no greater than six feet in height, including base pad, 16 square feet of gross floor area and the equipment facility is located a minimum of five feet from all lot lines. The equipment facility shall be screened as required by the city.

In a rear yard setback, provided the equipment facility is no greater than six feet in height, including base pad, 16 square feet in gross floor area, and the equipment facility is located a minimum of five feet from all lot lines. The equipment facility shall be screened as required by the city.

In commercial or industrial districts, the equipment facility shall be no greater than five feet in height, including base pad, and 25 square feet in gross floor area. The equipment facility shall be screened as required by the city.

In all other instances, the location of equipment facility for antennas mounted on utility or light poles must be approved by the city manager or designee and shall be screened from view of all residential properties that abut or are directly across the street from the equipment facility or as may be required by city.

1111.7.

Exceptions. Nothing in this chapter may prohibit or have the effect of prohibiting the ability of a service provider to provide personal wireless services in violation of the Telecommunications Act. The provisions listed in this section apply only where an application for the placement of a telecommunications tower, telecommunications facility or antenna does not meet the criteria for approval as provided in subsections 1111.5 and 1111.6. An applicant for an exception shall submit information described in subsection 1111.3 and any other reasonable information the city may require. The city may deny the application if it does not comply with the requirements of this section. In the event of any conflict between the review provisions of section 503 of the city's LDRs and this ordinance, the provisions of section 503 shall control. The following provisions shall govern the issuance of permits as exceptions.

In the event that the applicant files for an exception, the applicant must comply with the procedures and requirements of conditional uses as stated in this Code, specifically section 503, and as required in this section.

In the event that the applicant files for an exception, the applicant shall file the appropriate application fee pursuant to this ordinance.

Factors considered in granting an exception. In addition to any standards for consideration of permit applications pursuant to section 503, the city may consider the following factors in determining whether to grant an exception:

Availability of suitable existing telecommunications towers, other structures, or state of the art technologies not requiring the use of towers or structures;

Height of the proposed telecommunications tower or facility;

The setback and separation distances between the proposed telecommunications tower or facility and the nearest residential units or residentially zoned properties;

Proximity of the telecommunications tower or facility to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the telecommunications tower or facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Any other factors the city determines to be relevant.

In granting a permit for an exception, the city may impose conditions to the extent the city concludes such conditions are necessary to minimize any adverse effects of the proposed telecommunications tower, telecommunications facility, or antenna on adjoining properties or to protect the health, safety and welfare of the city and the residents.

1111.8.

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

1111.9.

Protection of the city and residents.

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

Release the city from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the telecommunications facility.

Indemnify and hold harmless the city, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the city or any third party arising out of, or by reason of, or resulting from or of each telecommunications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions.

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

Insurance. The city may not enter into any lease agreement for city owned property until and unless the city obtains assurance that such lessee (and those acting on its behalf) has adequate insurance. At a minimum, the following requirements must be satisfied:

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

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the city. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage.

These certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least 30 days prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the state. The city may amend its requirements pertaining to insurance from time to time and may require additional provisions pertaining to such insurance in a lease.

In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the city, then in that event, the telecommunications facility operator shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period.

Comprehensive general liability. A telecommunications facility operator and its contractors or subcontractors engaged in work on the operator's behalf, shall maintain adequate insurance to cover liability, bodily injury and property damage in the amount to be determined by the city at the time of application. Exposures to be covered include premises, operations, and those certain contracts relating to the construction, installation or maintenance of the telecommunications facility. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the city and the telecommunications facility operator. Certificates of insurance reflecting evidence of the required insurance shall be filed with the city.

1111.10.

Security fund. Prior to any construction, every service provider, whether on public or private property within the city, shall establish a cash security fund, or provide the city with an irrevocable letter of credit or security bond subject to the city attorney's approval, in the amount specified in an agreement, permit, or other authorization as necessary to ensure the provider's faithful performance of construction and compliance with this Code. The minimum amount of the security fund for each telecommunications tower shall be $25,000.00 and the minimum amount for each antenna shall be $1,000.00.

In the alternative, at the city's discretion, a provider operator may, in lieu of a cash security fund or letter of credit, file and maintain with the city a bond in the same amounts as required in this Code. The provider and the surety shall be jointly and severally liable under the terms of the bond. The bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the city attorney; and shall provide that:

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

The rights reserved by the city with respect to any security fund or bond established pursuant to this section are in addition to all other rights and remedies the city may have under this ordinance, a lease, or at law or equity.

1111.11.

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

In addition to revoking any permit or license for violation of this chapter, the city may enforce this chapter pursuant to the Local Government Code Enforcement Act, F.S. ch. 162, as amended. The city may notify any person, firm or corporation of its of noncompliance with this chapter. Any person, firm or corporation shall have 30 calendar days after receipt of such notification to cure the violation or to respond with a plan satisfactory to the city to cure the violation. If the person, firm or corporation does not cure the violation or provide a satisfactory plan to cure the violation within such time-period, the city may fine that person, firm or corporation for violation of this ordinance a maximum of $500.00 for each violation with each day of a continuing violation constituting a separate violation. The fines shall begin to accrue on the first business day after the 30-day cure period has terminated. The city may collect fines owed through any means allowed by law.

Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.

1112.1.

Where permitted. Home occupations, subject to the provisions contained herein, shall be permitted in all residential zoning districts.

1112.2.

Secondary use; license. Home occupations conducted within the city shall be clearly incidental and secondary to the use of the residence for residential purposes and shall not change the character thereof. In any instance where a dwelling unit is used to conduct a home occupation consistent herewith, a home occupation license shall be required whether or not a separate occupational license has been issued to the same applicant at a different location within or without the city.

1112.3.

General requirements. The purpose of these home occupation provisions is to regulate the operation of a home occupation in such a manner that there is no negative impact to the neighborhood, that no nuisance is created, and that an average neighbor will be unaware of its existence. When permitted, home occupations shall be conducted in accordance with the following provisions:

1112.3.1.

The use shall be conducted entirely within a dwelling and carried on only by the residents thereof and no others.

1112.3.2.

There shall be no change in the outside appearance of the building or premises, no signs of any kind, and no vehicles with signs on the premises unless in an enclosed garage.

1112.3.3.

There shall be no display or storage of products visible in any manner from the outside of the dwelling.

1112.3.4.

The use shall not generate additional or extraordinary pedestrian or vehicular traffic. Only one client/customer at a time may visit the premises for business purposes.

1112.3.5.

Pickup and delivery shall be restricted to occasional small parcels by private passenger vehicles or commercial delivery and courier services consistent with those regularly provided to residential neighborhoods.

1112.3.6.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot or which creates interference with the reception of radio or television receivers off the premises.

1112.3.7.

There shall be no bulk storage of hazardous or toxic materials in connection with the home occupation.

1112.3.8.

No home occupation shall occupy more than 25 percent of the total floor area of a dwelling unit exclusive of any open porch, attached garage, or similar space not intended to be occupied as living quarters.

1112.3.9.

No home occupation shall occupy any accessory building.

1112.3.10.

No advertising shall disclose the address of the home occupation except for business cards and letterhead.

1112.4.

Permitted home occupations.

1112.4.1.

Attorneys, paralegals, investigators, information brokers, architects, engineers, accountants, mortgage brokers, clergymen and other professional persons appropriately licensed by state or federal authorities for occasional consultation with one client at a time.

1112.4.2.

Instruction or tutoring to one individual at a time of any type shall be considered a commercial business enterprise and not eligible for consideration as a home occupation.

1112.4.3.

Marketing, promotion, sales, recording, billing, solicitation of goods and services primarily by telephone, fax, computer or other similar electronic device and not involving visitation of more than one client at a time and not involving the display or warehousing of goods for sale.

1112.4.4.

Manufacturers' representatives and outside sales, typing, transcription, translation, copying, computer programming.

1112.4.5.

Artists, sculptors, model makers, craftsmen, handymen, engravers, designers, writers, composers, seamstresses, tailors.

1112.4.6.

Minor repair cleaning, or maintenance of jewelry, clocks, watches, and small mechanical, electronic, or electric devices.

1112.4.7.

Home based manufacturing of arts, crafts, jewelry, soaps, perfumes, teas, baked goods and other similar sundries and products.

1112.5.

Prohibited home occupations.

1112.5.1.

Any use not expressly enumerated in subsection 1112.4.

1112.5.2.

Any use not normally permitted in a residentially zoned district.

1112.6.

Application. All applications for a restricted occupational license for a home occupation will include the applicable fee as provided elsewhere and shall also include:

1112.6.1.

Full name of applicant, date of birth, social security number.

1112.6.2.

Location of dwelling including a floor plan showing the actual interior location of home occupation use.

1112.6.3.

Copies of current state or federal licenses, state sales tax number (if applicable), and federal tax ID number.

1112.6.4.

Complete description of home occupation activities.

1112.6.5.

Acknowledgment of applicant that applicant has been given a copy of the restrictions given herein and that applicant has read and understands them.

1112.7.

Right of inspection. The applicant acknowledges that upon the issuance of an occupational license the city shall have the right to inspect, at reasonable times, the premises upon which the home occupation is conducted to ensure compliance with the foregoing provisions and restrictions, and to investigate complaints. In the event the owner or licensee refuses, or in the event the city is unable to inspect the premises for any reason, the license shall be deemed revoked and of no further force and effect upon written notice thereof from the city.

1112.8.

Enforcement. The code enforcement officers of the city shall enforce this section.

1112.9.

Renewal or revocation. The issuance of a license for the restricted use of a home occupation shall not create a vested right in any person, and no person shall have the right to rely on the continuation of the legislative policies inherent herein or the continued right to operate a home occupation. The operation of this restricted home occupation use shall be deemed a revocable right as the legislative discretion of the city shall indicate. Holders of restricted occupational licenses who are cited by the city for violations of this subsection, whether or not the cases are resolved voluntarily or adjudicated by the code enforcement board or a court of competent jurisdiction, shall be subject to revocation and annual review by the city council prior to a renewal. Should the city council determine the holder of a restricted occupational license is a habitual violator of this subsection, the city council shall have the authority to direct the city clerk to revoke or deny renewal of said restricted occupational license.

1112.10.

Special rules and regulations for home occupations conducted on Lots 22 through 28 of Block 20 of the Lauderdale Lakes West Gate Sec. 2 Plat.

1112.10.1.

On these lots only and in addition to the home occupations permitted above, the following additional home occupations are permitted:

(a)

Beauty parlors, barbershops, and manicurists, limited to no more than two service chairs.

(b)

Real estate, insurance and travel agents.

(c)

Doctors, dentists, veterinarians or other medical practitioners properly licensed.

1112.10.2.

On these lots only, the rules and regulations for home occupations listed in subsection 1112.2 [subsections 1112.4 and/or 1112.10.1] shall apply, except as follows:

(a)

A limitation of two nonresident persons outside the immediate family may assist in the operation of the home occupation.

(b)

Customers, clients, or patients may visit the premises only to the extent that parking spaces are available for them, but in no event shall they exceed four at one time.

(c)

No merchandise, commodities or stores shall be stockpiled, displayed or sold on the premises, except that licensees may store samples used in customer presentations. An artist, sculptor, model maker or craftsman may store supplies used and products produced on the premises, and any other occupations may sell and display small amounts of incidental merchandise such as grooming supplies related to a beauty parlor, barber shop or manicurist; tickets and travel-related items at a travel agency; and similar incidental items related to the home occupation

(d)

No external evidence that the dwelling is being used for the home occupation shall be allowed, except for one building wall, door or window mounted sign, externally illuminated, not neon, and not exceeding two feet in height and eight square feet in area.

(e)

The area devoted to the home occupation shall not be the dominant use of the dwelling, and in no case shall exceed 40 percent of the ground floor living area of the dwelling. No home occupation shall be above the first floor.

(Ord. No. 07-11, § 2, 5-8-2007; Ord. No. 2013-05, § 2, 7-23-2013