Certain uses have unique characteristics that require the imposition of development criteria in order to ensure that they are not harmful to the health, safety, and welfare of residents, surrounding uses and surrounding properties. These criteria may be applied in relation to use, occupancy, location, construction, design, character, scale, manner of operation, or the necessity for making complex or unusual determinations. The uses are listed in this article together with the specific criteria that apply to each use, whether a permitted, a limited, an accessory or a conditional use. The uses are listed in alphabetical order and follow the Use Table (Table 103.15.1) in Chapter 103. These criteria shall be met in addition to all other standards of the LDRs, unless specifically exempted, and all applicable regulations of other governmental agencies.

Four (4) types of Uses are identified in Table 103.15.1. The uses are listed in alphabetical order. They are denoted by Permitted (P), Limited (L), Accessory (A), or Conditional (C) lettering which indicates the Level of Review necessary to ensure the conditions are appropriately applied.

Permitted "P" uses are permitted by right and reviewed at the staff level through an existing permit procedure. Uses listed with a P might have extra conditions which are listed in the following section.

Limited "L" uses are reviewed by the staff but may involve multiple issues or departments. These uses are only permitted on a limited level through a special administrative approval process.

Accessory "A" uses are reviewed by the staff but may involve multiple issues or departments. These uses are only permitted an accessory to the principal structure or use on the property.

Conditional "C" uses are reviewed by staff and the Planning Commission and brought before the Council for approval in a public hearing. These uses involve multiple issues and potential significant off-site impacts.

Adult day care centers may be allowed pursuant to Table 103.15.1 and the following conditions:

1. Licensing. Adult day care is allowed, provided that the adult day care center maintains the required licensing from the Florida Agency for Health Care Administration and shall comply with the requirements of Fla. Stat. ch. 400, Part V.
2. Vehicle Circulation. In addition to the requirements of Chapter 107, Article 6 "Parking, Loading and Stacking", an applicant for an adult care center shall provide a vehicular circulation plan showing on-site queuing and circulation based upon the location and number of patrons that utilize the facility.

Pursuant to the City's provision of affordable allocations from the "Affordable—Early Evacuation Pool," under Section 107.06 F. the following criteria shall apply to all Affordable—Early Evacuation residential units:

Affordable-Early Evacuation residential units under this program shall:

1. Be multifamily structures;
2. Be rental units;
3. Require, at a minimum, adherence to the latest edition of the Florida Building Code as published by the Florida Building Commission;
4. Not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
5. Require on-site property management;
6. Comply with applicable habitat and other locational criteria and densities for multifamily affordable housing units;
7. Shall not be placed in any habitat defined as mangroves, saltmarsh and buttonwood, hardwood hammock, or fresh water wetlands (disturbed categories excepted);
8. Incorporate sustainable and resilient design principles into the overall site design;
9. Ensure accessibility to employment centers and amenities;
10. Require deed-restrictions ensuring:
    1. The property remains workforce-affordable housing in perpetuity;
    2. Tenants evacuate during the period in which transient units are required to evacuate;
    3. Rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction, to the resident;
    4. Onsite property managers are formally trained in evacuation procedures.

Evacuation exemptions. Persons living in workforce-affordable housing who are exempt from evacuation requirements of Policy 1.1.2.i.(ii) include all first responders, correction officers, health care professionals, or other first-response workers required to remain during an emergency, provided the person claiming exemption under this policy has faithfully certified their status with property management.

Affordable housing units may be allowed pursuant to Table 103.15.1 and the following conditions:

Dwelling units shall contain less than or equal to 1,800 square feet of habitable space. Occupancy of affordable housing units is limited to those meeting the following income requirements:

1. Very-low-income. A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 50 percent of the median adjusted gross annual income for households within the county;
2. Low-income. A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 80 percent of the median adjusted gross annual income for households within the county;
3. Median-income. A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 100 percent of the median adjusted gross annual income for households within the county;
4. Moderate-income. A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 120 percent of the median adjusted gross annual income for households within the county;
5. Middle-income. A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 160 percent of the median adjusted gross annual income within the county;
6. For the purposes of this section, "adjusted gross income" means all wages, income from assets, regular cash or non-cash contributions or gifts from persons outside the household (that will be used to offset the purchase price of the dwelling unit), and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under Section 62 of the Internal Revenue Code. Income from assets is calculated at either the actual income from all assets or two (2%) percent of the value of all assets, whichever s greater. If total assets are less than $5,000.00, no income is considered. Asset inclusions: Cash accounts (checking, savings, IRA, Money Market…), investments, retirement accounts, boats, RV's. Income exclusions: Personal property, automobiles;
7. The maximum sales price shall not exceed 300 percent of that amount which represents 160 percent of the median adjusted gross annual income for households within the county;
8. The monthly rent shall not exceed 30 percent of that amount which represents the income bracket of the household, i.e., very low, low, median, moderate or middle, divided by 12. In no case shall the monthly rent exceed 160 percent of the median adjusted gross annual income for households within the county, divided by 12; and
9. If the dwelling units utilize affordable housing BPAS allocations, the requirements of Subsection 107.06(c) shall also apply.
10. Annual income qualification, lease or employment verification, as applicable, by the City, or its designee, shall be limited to rental and employee housing dwelling units. Income verification for owner occupied dwellings shall be performed and approved by the City or its designee prior to the sales closing and occupancy of the dwelling unit.

Airport and public uses may be allowed pursuant to Table 103.15.1 and shall be permitted by right in the A zoning district if under 5,000 square feet and as a conditional use in the A district if over 5,000 square feet, subject to the following:

1. Within the overlay zones of public and military airports, those uses permitted shall comply with the height standards and the limitations set forth in the horizontal, conical approach, and transitional zones described in subsections following.
2. Public airport height zones and limitations for the airport district and overlays:
   1. Primary zone. The area longitudinally centered on each runway with the same length as the runway and is 2,000 feet wide. No structure that is not a part of the landing and takeoff area is permitted in the primary zone that is of greater height than the nearest point on to the runway.
   2. Clear zone. The area extending 1,000 feet off each end of a primary runway surface and is the same width as the primary runway surface. No structure not a part of the landing and takeoff area is permitted that is a greater height than the end of the runway.
   3. Inner horizontal zone. The area extending outward from the periphery of the primary zone with an outer perimeter formed by swinging arcs of 7,500 feet radius about the center line at the end of each primary zone and connecting adjacent arcs by lines tangent to these arcs. No structure will be permitted in the inner horizontal zone of greater height than 156 feet MSL.
   4. Conical zone. The area extending outward from the periphery of the inner horizontal zone for a distance of 7,000 feet. Height limits in the conical zone commence at 156 feet MSL at the inner boundary where it adjoins the inner horizontal zone and increases in permitted height at a rate of one (1) foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 506 feet MSL at the outer boundary.
   5. Outer horizontal zone. The area extending outward from the outer periphery of the conical zone for a distance of 30,000 feet. The height limit within the outer horizontal zone is 506 feet MSL.
   6. Approach zone. The area longitudinally centered on each runway extended center line, with an inner boundary 200 feet out from the end of the runway and the same width as the primary zone, then extending outward for a distance of 50,000 feet, expanding uniformly in width to 16,000 at the outer boundary. Height limits within the approach zones commence at the height of the runway end and increase at the rate of one (1) foot vertically for every 50 feet horizontally for a distance of 25,000 feet, at which point it remains level at 506 feet MSL to the outer boundary.
   7. Transitional zone. The area within an inner boundary formed by the side of the primary zones, the first 200 feet of the clear zones and the approach zones, then extending outward at right angles to the runway center line and extended center line until the height matches the adjoining inner horizontal zone, conical zone, and outer horizontal zone height limit. The height limit at the inner boundary is the same as the height of the adjoining zone and increases at the rate of one (1) foot vertically for every seven (7) feet horizontally to the outer boundary of the transitional zone, where it again matches the height of the adjoining zone.

This section in conjunction with allowed uses in Table 103.15.1 is designed and intended to provide for reasonable regulation and control over the sale of alcoholic beverages within the City of Marathon by establishing an alcoholic beverage use permit procedure and providing criteria to be utilized to assure that all future proliferation of alcoholic beverage use enterprises within the City limits are compatible with the City's Comprehensive Plan and LDRs, and that alcoholic beverage use permits not be granted where such uses will have an adverse impact upon the health, safety and welfare of the citizens and residents of the city. All persons, firms, partnerships, or corporations who have received approval from the PC under the former provisions of Section 19-218 of the Monroe County Code, as same heretofore existed, shall retain all rights and privileges heretofore granted under said section.

1. Permits. After the effective date of this ordinance, all persons, firms, partnerships or corporations desiring to sell alcoholic beverages upon any premises located within the City and who desire to do so upon a premises not heretofore approved by the PC, shall obtain an alcoholic beverage use permit utilizing the procedure outlined in Subsection C. "Procedure", below.
2. Classifications. Corresponding to those alcoholic beverage license classifications as heretofore and hereafter adopted by the State of Florida, alcoholic beverage use permits hereafter issued pursuant to this ordinance shall be classified as follows:
   1. 1APS: Beer, package only;
   2. 1COP: Beer, on-premises and package;
   3. 2APS: Beer and wine, package only;
   4. 2COP: Beer and wine, on-premises and package;
   5. 6COP: Beer, wine, and liquor, on-premises and package;
   6. 6COP SRX: Restaurant, no package sales;
   7. 6COP SR: Restaurant, package sales;
   8. 6COP S: Motel, package sales;
   9. 6COP SBX: Bowling, no package sales;
   10. 6COP SPX: Boat, no package sales;
   11. 3BPS: Beer, wine, liquor, package sales only;
   12. 3M: Additional license for 6COP, over three (3) bars;
   13. 12RT: Racetrack, liquor, no package sales.
3. Procedure. The following procedure shall be followed on any application for an alcoholic beverage use permit hereafter made:
   1. Applications for alcoholic beverage use permits shall be submitted to the City Manager or his designee in writing on forms provided by the director. Such applications must be signed by the owner of the real property for which the permit is requested. Lessees of the premises may apply for such permits provided that proper authorization from the owner of the premises is given and the application for permit is cosigned by such owner.
   2. Upon receipt of a properly completed and executed application for alcoholic beverage use permit stating the exact classification requested along with the necessary fee, the City Manager or his designee shall issue a notice of intent to issue the alcoholic beverage use permit if the application meets the guidelines established in Subsection D., "Criteria", herein.
   3. The City Manager or his designee shall review the application and may deny or grant an alcoholic beverage use permit. In granting an alcoholic beverage use permit under this section, the City Manager or his designee may prescribe appropriate and safeguards as are in his or her opinion necessary to protect the public interest and ensure harmony with the purpose and intent of this section.
   4. Prior to issuance of an alcoholic beverage use permit, the City Manager or his designee shall give the applicant notice of the City's intent to issue the alcoholic beverage use permit. Thereafter, in accordance with the provisions of Article 4 "Notice of Public Meetings and Hearings" of Chapter 102 of the LDRs, the applicant shall provide written notice to adjacent property owners of the City's intent to issue the alcoholic beverage use permit.
   5. Within 35 days of the date of the publishing of the notice of intent, a public hearing on an application for an alcoholic beverage use permit may be requested in writing to the City Manager or his designee, by the applicant, an adjacent property owner or an aggrieved or adversely affected property owner located within 300 feet of the property that is subject to the alcoholic beverage use permit. If a public hearing is requested, in accordance with the provisions of Article 17 "Appeals", of Chapter 102, the City shall schedule a public hearing of the PC. The provisions of Article 21 of Chapter 102 shall govern any such hearing, and the person requesting the public hearing shall be responsible for providing notice of the hearing in accordance with the provisions of Article 4, "Notice of Public Meetings and Hearings" of Chapter 102 of the LDRs. The City Manager or his designee shall issue the alcoholic beverage use permit if a public hearing is not requested in accordance with this subsection.
4. Criteria for Approval. The City Manager or his designee or PC shall give due consideration to the following factors as they may apply to the particular application prior to rendering a decision to grant the requested permit:
   1. The effect of such use upon surrounding properties and the immediately neighborhood as represent by property owners within a 300 feet of the premises. For the purposes of this section, "premises" shall mean the entire site of a shopping center.
   2. The suitability of the premises in regard to its location, site characteristics and intended purpose. Lighting on the permitted premises shall be shuttered and shielded from surrounding properties, and construction of such permitted properties will be soundproofed. In the event music and entertainment is permitted, the premises shall be air conditioned.
   3. Access, traffic generation, road capacities, and parking requirements.
   4. Demands upon utilities, community facilities and public services.
   5. Compliance with the City's restrictions or requirements and any valid regulations.
5. Approval by the City Manager or his designee or the PC. The City Manager or his designee or the PC may grant approval based on reasonable condition considering the criteria outlines herein.
6. Where Permitted. Alcoholic beverage sales maybe permitted at restaurants, hotels, marinas and campgrounds regardless of the land use district in which they are located. Nothing contained herein shall exempt an applicant from obtaining a conditional approval when such is otherwise required by the City LDRs.
7. Distance requirement.
   1. Schools.
      1. No new or relocated package sale vendor shall be permitted to open and/or start the business of package sales within 500 feet of an established school.
      2. Distance from a school shall be measured by following a straight line from the main entrance of the place of business to the nearest point of the school grounds in use as part of the school facilities. The package sale vendor seeking a new location must submit a scaled survey drawn by a registered land surveyor attesting to the separation of the uses in question. This requirement may be waived upon the written certification by the Director that the minimum distance separation has been met.
      3. The location of all existing places of business subject to this section shall not in any manner be impaired by this section, and the distance limitation provided in this section shall not impair any existing licensed location heretofore issued to and held by any such vendor nor shall such vendor's right of renewal be impaired by this section; provided, however, that the location of any such existing license shall not be transferred to a new location in violation of this section.
      4. Distance requirements not applied to renewal, change in name or ownership, or change in certain licenses. The distance requirement set forth above in Subsection 1(a) shall not be applied to the location of an existing vendor when there is:
         1. A renewal of an existing license;
         2. A transfer in ownership;
         3. A change in business name; or
         4. A any decrease in the numerical designation of a state issued license which is of the same series (type);
         Such exemption is allowed provided that the physical location of the vendor establishment does not change. No increase in the series (type) of state issued license shall be permitted at or for a location (new or existing) except in compliance with the provisions hereof.
   2. Variances. The PC is authorized to grant variances to the distance requirements as established by Subsections 1. and 2. above where the PC finds that such variance will not be contrary to the public interests. The application for a variance and the processing and hearing upon the application shall be in accordance with Article 20 "Variance", Chapter 102 of the LDRs. The decision of the PC may be appealed to the Council.
8. Transferability. Alcoholic beverage use permits issued by virtue of this section shall be deemed to be a privilege running with the land. The sale of the real property which has been granted an alcoholic beverage use permit shall automatically vest the purchases thereof with all rights and obligations originally granted or imposed to or on the applicant. Such privilege may not be separated from the fee simple interest in the realty.
9. Appeals. All persons aggrieved by the actions of the City Manager or the PC in granting or denying requested alcoholic beverage permits may request an appeal hearing in accordance with the provisions of Article 17 "Appeals" of Chapter 102.
10. Successive Applications. Whenever any application for alcoholic beverage approval is denied for failure to meet the substantive requirements of this section an application for alcoholic beverage approval for all or a portion of the same property shall not be considered for a period of two (2) years unless a supermajority of the PC decides that the original decision was based on a material mistake of fact or that there exists changed conditions and new facts not existing at the time of the original decision. Which would justify entertaining a new application before the expiration of the two-year period. However, in the case of a shopping center, as defined in Article 110 "Definitions", this section shall only apply to the commercial retail unit within the shopping center for which approval was sought and not the entire shopping center site itself.

Bars, taverns and night clubs may be allowed pursuant to Table 103.15.1 and with approval by the Director; an alcoholic beverage license issued by the State of Florida is needed. See the Alcohol Beverages regulations within this section.

Boat ramps may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. All boat ramps shall be located and designed so as not to create setback nonconformity for existing structures from the new MHW line created by the boat ramp and all new structures permitted subsequent to boat ramp approval must meet the new setback from MHW.
2. All boat ramps shall be confined to shorelines of man-made canals, channels, and basins with little or no native vegetation and shall be located in the least vegetated area of the shoreline.
3. The width of boat ramps, including side slopes, shall be limited to 35 feet.
4. Boat ramps shall be designed such that all excavation necessary to build the ramp takes place at or landward of the MHW line that exists on the property prior to installation of the ramp.
5. A maximum of two accessory docks meeting all docking facility requirements may be allowed.
6. Boat ramps without accessory docks must meet the water depth and access criteria for a dock within ten (10) feet of the waterward end of the ramp to allow for a bottom slope.
7. Dredging and filling shall be limited to the minimum amount necessary to construct the boat ramp surface, side slopes, walls and mooring or dock pilings.
8. All such projects shall require approval by the Florida Department of Environmental Protection or the South Florida Water Management District and by the U.S. Army Corps of Engineers prior to issuance of a City permit.

(See Marina or Waterfront Walkways and Docks).

(See Vehicle/Vessel Repair).

(See also Wireless Facilities).

Broadcasting or communications towers may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Broadcasting or communications towers shall be located on the lot in such a manner that, in the event of collapse, the tower and supporting devices shall be contained within the confines of the property lines.
2. Tower supports, peripheral anchors, guy wires, or other supporting devices shall be located no closer than five (5) feet from any property line.
3. All towers shall comply with the airport zoning district restrictions mentioned in the airport section above.

A Campground may be allowed pursuant to Table 103.15.1 as a conditional use the MU, P and PR zoned districts, subject to the following standards:

1. Parking area shall be at least 25 feet from residential neighboring uses.
2. Outdoor activities shall be limited to between 6 a.m. and 10 p.m.
3. Overnight camping is limited to campgrounds licensed by the Department of Health and which are properly licensed by the State of Florida and have an unexpired occupational license issued by Monroe County.
4. Camping is not permitted in public ROWs or anywhere that is not zoned and licensed for overnight camping.

Child care centers may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Licensing. A child care facility shall be licensed by the Monroe County Health Department and the Florida Department of Children and Family Services.
2. Vehicle Circulation. In addition to the requirements of Chapter 107, Article 5 "Parking, Loading and Stacking", an applicant for a child care center shall provide a vehicular circulation plan showing on-site queuing and circulation based upon the location and number of patrons that utilize the facility.
3. Recreational Facilities. Outdoor recreational facilities shall be located in the rear yard.
4. Landscaping. In addition to the landscaping requirements of Article 7 of Chapter 107, one (1) additional shade tree per 1,000 square feet of outdoor play or activity area shall be installed.
5. Setbacks from Residential. All stationary play equipment, dumpsters, garbage cans or recycling bins, and similar equipment shall be located at least ten (10) feet from any abutting residential property line.
6. Hours of Operation. Child care centers adjacent to residential areas shall not operate between the hours of 7:00 p.m. and 6:00 a.m.
7. Parking. Parking areas for child care centers shall be located to the side or rear of the building.

Family Home. Family child care homes may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Compliance. A family child care home shall comply with all applicable requirements of Fla. Stat. ch. 402, and all licensing requirements.
2. Parking and Circulation. A family child care home shall be limited to ten (10) trips per day and shall provide a pickup and drop-off facility, including queuing, circulation and parking spaces. Use of public right-of-way for such purposes may be approved by the Director.

A community workforce housing unit may be permitted pursuant to Table 103.15.1 as an accessory use to a principal commercial activity. They can be attached or detached stand alone structures (on the same or adjacent parcel - unified) or may be within the same building envelope as the commercial/governmental use. Minimum size requirements are 375 square feet up to a maximum of 1,800 square feet. Occupancy of these units is limited to those meeting the income requirements of this chapter. Following requirements shall be met:

1. Affordable housing criteria set forth in this Chapter and Chapter 110 "Definitions";
2. Shall be permanently deed-restricted as affordable;
3. Shall be restricted to occupancy to households that derive at least 70 percent of their household income from gainful employment in Monroe County;
4. Shall be restricted to occupancy for 28 consecutive days or longer;
5. Shall not be used for vacation rental use; and
6. Shall not be sold separately as a condominium.

Construction and Demolition Debris Transfer Facilities ("C&D Facilities") are allowed as Conditional Use as provided in the City of Marathon Land Development Regulations if the City Council approves after a finding that the Applicant shall have met the minimum conditions as outlined below.

1. Application. An application to establish a construction and demolition debris transfer facility shall include the following materials:
   1. Detailed pre-project site plan to include as applicable:
      1. Site survey and civil site plan including, but not limited to:
      2. Property lines, Mean High Water Line (MHWL), and dimensions of the parcel
      3. Existing ground elevations;
      4. FEMA FIRM Flood Zone boundaries and elevations.
      5. Existing structures and use of structures including dimensions and area
      6. Roadways and properties contiguous with the parcels(s) proposed for project development.
      7. Any stormwater and/or other environmental control structures and/or improvements
      8. Setbacks of existing structures and existing buffer features
   2. Detailed proposed project site plan, in addition to above, to include as applicable:
      1. Proposed elevations and grade, including estimates of required fill
      2. Proposed structures including dimension and area
      3. Parking (including handicap parking) and loading zone locations and dimensions
      4. Calculations for open space ratios, floor area ratios, density and parking
      5. Outdoor lighting location, type, power and height
      6. Extent and area of wetlands, open space areas, and landscape areas
      7. Location of solid waste separation, storage and removal
      8. Type of ground cover such as asphalt, grass, pea rock
      9. Sewage treatment facilities
      10. Existing and proposed fire hydrants or fire wells
   3. Building Plans.
      1. Construction drawings developed to meet minimum standards of the applicable Florida Building Code in effect at the time of application
      2. Floor Plans and Elevations of all proposed structures with the elevations of the following features referenced to NGVD: Existing grade, finished grade, finished floor elevations (lowest supporting beam for V-zone development), roofline and highest point of the structure.
   4. Landscape/Screening Plans, including but not limited to, as applicable:
      1. Open space preservation areas
      2. Size and type of buffer yards including the species, size, and number of plants
      3. Parking lot landscaping including the species, size and number of plants
      4. Existing natural features
      5. Specimen trees, or threatened and endangered plants to be retained and those to be relocated or replaced
      6. Transplantation plan (if required)
      7. All C&D Facilities shall be screened from view of contiguous residential areas on all sides by an opaque masonry wall a minimum of eight (8) feet in height but not to exceed 12 [feet] in height, per the intent of Chapter 107.85 A. of the LDRs. In addition, Chapter 107, Sections 107.70 and 107.71 shall be strictly adhered to. If a masonry wall or full landscape buffer is absolutely not physically possible at any area of the subject property due to existing site constraints, the Planning Director may provide an exception to reduce or eliminate either consistent with exceptions issued for other similar properties.
   5. Drainage Plans with drainage calculations. The plan must show existing and proposed topography, all drainage structures, retention areas and drainage swales, and existing and proposed permeable and impermeable areas.
   6. Environmental Assessment. The environmental assessment shall be prepared by a registered engineer, landscape architect, architect or environmental professional with the appropriate qualifications and shall include the following information, but be limited to, how the project will adequately comply applicable federal, state and city and county standards for protection of water, air and other natural resources; and
2. Conditions of Approval. As part of considering an application for development approval, the City may include additional conditions that further address compliance with specific requirements of the City's LDRs and applicable Building Codes in place at the time of approval including but not limited to the following:
   1. Must provide a stormwater management plan, necessary containment structures and procedures to protect groundwater resources;
   2. Must provide a dust and emission control management plan;
   3. May need to provide fencing of processing, storage and shipping areas;
   4. Must provide explicit hours of operation;
   5. Must provide a lighting plan;
   6. If required by other agencies, must provide a monitoring program for protection of air, natural and water resources;
   7. Must provide a plan for litter control;
   8. Must provide a plan for noise control; and
   9. Traffic control measures. No stacking or loading shall be allowed of project vehicles on any City or State right-of-way contiguous to or adjacent to the project property. Specific to the area zone Industrial (I) located approximately at the northeast corner of the Marathon Airport, ALL truck traffic associated with the operation of the project entering or leaving any approved C & D Facility must utilize 107th Street for ingress and egress to and from U.S. Highway 1. The only exceptions to this regulation is if there is a required short term detour not of the project's making requiring the use of other surface streets or if project vehicles have specific business (pick-up or delivery) between 117th Street, Gulf on the east and Aviation Boulevard on the west and north of U.S. Highway 1.
   10. Other Agencies and Necessary Permits. Letters of coordination and/or permits may be required prior to construction or initiation of operations. Necessary letters of coordination and permit applications should be submitted at time of application to be followed up with necessary approved permits at time of commencement of construction as follows and as applicable:
       1. City of Marathon, City Fire Chief - (305) 743-5266 including all necessary equipment that is acceptable to the City of Marathon Fire Marshall.
       2. City of Marathon, Utilities Manager- (305) 289-5009
       3. Florida Department of Environmental Protection (FDEP) - (305) 289-2310
       4. Florida Department of State, Division of Historic Resources
       5. Florida Department of Transportation (FDOT) - (305) 289-2350
       6. Florida Keys Aqueduct Authority (FKAA) - (305) 743-5409
       7. Florida Keys Electric Cooperative (FKEC) - (305) 743-5344
       8. Monroe County Department of Health - (305) 289-2721
       9. South Florida Water Management District (SFWMD)
       10. U.S. Army Corps of Engineers (ACOE) - (305) 743-5349
       11. U.S. Fish and Wildlife Service (USFWS) - (772) 562-3909, ext. 306
       12. Other, as applicable to the project
3. Plan of Operation. A proposed plan of operation for the facility shall include the following and be approved by the City prior to the initiation of project operations:
   1. Days and hours of operation shall be limited to Monday through Saturday between the hours of 7:00 AM and 6:00 PM if the overall project site is contiguous with any property whose zoning category allows and currently has residential development; and
   2. All C&D Facilities shall to required to maintain their Screening and Landscape Buffers as approved under the terms of this Section; and
   3. Traffic control measures. An approved C&D Facility shall be required to maintain traffic control measures as defined herein such that all vehicles which access the Facility are required to follow the traffic control measures. No stacking or loading shall be allowed of project vehicles on any City or State right-of-way contiguous to or adjacent to the project property. Specific to the area zone Industrial (I) located approximately at the northeast corner of the Marathon Airport, ALL truck traffic associated with the operation of the project entering or leaving any approved C&D Facility must utilize 107th Street for ingress and egress to and from U.S. Highway 1. The only exceptions to this regulation is if there is a required short term detour not of the project's making requiring the use of other surface streets or if project vehicles have specific business (pick-up or delivery) between 117th Street, Gulf on the east and Aviation Boulevard on the west and north of U.S. Highway 1.
   4. An approved C&D Facility shall be required to comply with required noise control measures approved by the City under this Section; and
   5. An approved C&D Facility shall be required to manage any solid waste product or by-products of day to day operations in compliance with a solid waste management plan approved under this Section and in compliance with FDEP and other required project permits; and
   6. An approved C&D Facility shall be required to maintain all stormwater management structures approved and permitted under this Section and in compliance with FDEP and other required project permits; and
   7. An approved C&D Facility shall be required to exercise dust control measures in compliance with a dust management plan approved by the City under this Section and in compliance with other state and federal permits; and
   8. Compliance with Natural Resources Protection Laws & Permits. A C&D Facility shall comply with all applicable federal, state, City and County regulations regarding protection of air, groundwater, surface water and other environmental and natural resources. All necessary permits and permit conditions shall be in place prior to the initiation of project operation. Failure to comply with any such permit necessary for project operation, based on any compliance measures taken by a local, State, or Federal permitting agency, shall suspend City approvals until compliance is regained in the view of the permitting agency. In no case shall the level of suspension of permitted project activities taken in this regard by the City be greater than the agency taking action.
   9. An approved C&D Facility shall be required to maintain all fire prevention and suppression equipment in compliance with all state fire and building codes.
4. Enforcement and Penalties. The City may enforce the provisions of this Chapter and Section by any lawful means including, but not limited to, in accordance with section 1-7 of this Code; or in accordance with chapter 10 of this Code. More specifically, in order to assure compliance with the provisions of this Ordinance the following applies:
   
   The Applicant, by accepting this Permit, specifically agrees to allow authorized City personnel, upon presentation of credential or other documents as may be required by law, and at reasonable times, access to the premises where the permitted activity is located or conducted to:
   1. Have access to and copy any records that must be kept under the conditions of the Permit;
   2. Inspect the facility, equipment, practices, or operations regulated or required under this Permit; and
   3. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this Permit or City rules, Reasonable time may depend on the nature of the concern being investigated,
      
   If, for any reason the Applicant does not comply with or will be unable to comply with any condition or limitation specified in this Permit, the Applicant shall immediately provide the City with the following information:
   1. A description of and cause of noncompliance; and
   2. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.
      
   The Applicant shall be responsible for any and all damages which may result and may be subject to enforcement action by the City for penalties or revocation of this Permit under the provisions of this Section or as may be appropriate under Chapters 1—7 or 10 of the City Code of Ordinances.

A convenience store may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Additional Principal Uses. A convenience store may offer an additional principal use, such as a restaurant or fuel sales. A convenience store with two (2) or more principal uses shall comply with the standards for all of these uses.
2. Maximum Gross Floor Area. A convenience store, including additional principle uses, shall not exceed 8,000 square feet of total floor area.
3. Parking for Additional Principal Uses. Parking for additional principal uses shall be calculated separately to determine the total number of required parking spaces.

A dormitory, as defined in Chapter 110 of these LDRs, is allowed pursuant to Table 103.15.1 as an accessory use to a hotel or motel, subject to the following standards:

1. A dormitory must be on the site of a hotel or motel and shall be used exclusively by the employees of such hotel or motel.
2. A dormitory shall contain the number of bedrooms, shared bathrooms and adequate common living area (e.g., common living rooms, television rooms, or other similar rooms for social activities) sufficient to serve the number of residents.
3. Every 2,000 square feet of climate controlled space shall be limited to not more than five (5) bedrooms, two (2) common living areas, one (1) full kitchen, and may contain one (1) or more bathrooms.
4. Each bedroom is limited to occupancy by no more than two (2) persons.

Equipment Rental may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Equipment shall not be placed in the front set back.
2. All outdoor storage shall be screened from off-site view.

Financial Services with a drive-through may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Stacking lanes for drive-through windows shall be located so as to avoid conflict with the normal flow of traffic on the site.
2. A vehicle pass-by lane shall be constructed adjacent to each window to provide for complete, unimpeded circulation throughout the site.

Fuel sales may be allowed pursuant to Table 103.15.1 provided that the locations of fuel pump islands and fuel storage tanks meet the standards in this section. Other structures on the premises shall follow the standards for the zoning district. Within the I-M and MU-M districts, fuel sales shall be limited to vessels and other water vehicles.

1. Location of Fuel Pump Islands. Pump islands shall be a minimum of 25 feet from any road right-of-way line, ten (10) feet from any other property line or 12 feet from any building line. Canopies over the pump islands may extend up to ten (10) feet from any property line.
2. Location of Fuel Tanks. Gasoline and fuel storage tanks shall be located a minimum of 20 feet from any property line or building.

Funeral homes may be allowed pursuant to Table 103.15.1. No crematory services shall be permitted. Notwithstanding the foregoing, public facilities may include crematory services, subject to conditional use approval. There shall be no outdoor storage or displays of products, such as monuments, or building materials. No building shall be located closer than 20 feet to any street line or any lot which abuts residential district. No off-street parking or loading space shall be located closer than 20 feet to any lot line which abuts a residential district.

A community residential group home may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. The home shall not be located within a radius of 1,000 feet of another existing small community residential group home unless otherwise approved as part of a conditional use permit.
2. Such a home shall only be occupied by persons meeting the definition for a resident in Fla. Stat. 419.001, and are clients of the governmental agencies enumerated in Fla. Stat. 419.001 and not by persons found by a court to have committed a delinquent act.
3. The establishment must conform to setback and height regulations for the zoning district.
4. The home shall be located to assure the safe care and supervision of all clients.
5. Pursuant to Fla. Stat. 419.001, homes with six (6) or fewer residents shall be deemed a single-family dwelling unit for the purposes of zoning and shall be allowed as a permitted use within all residential zoning districts. New residential dwelling units shall be subject to the requirements established in Article 1 "Building Permit Allocation System", of Chapter 107.
6. Homes with seven (7) to 14 residents shall require a conditional use approval.

Uses which meet the criteria established in this section as a hazardous waste small generator, as defined in Chapter 110, of these LDRs, may be allowed pursuant to Table 103.15.1, subject to the following:

1. General site plan. A general site plan drawn at a legible scale which shall include, but not limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class or hazardous materials stored.
2. Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not limited to; all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation route. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored.

A helicopter landing pad may be allowed pursuant to Table 103.15.1, provided that it complies with the Federal Aviation Administration and National Fire Protection Association guidelines for heliport design, and only as an accessory to an existing or approved hospital, institutional, government or industrial facility. Special medical evacuation locations for helispots may be granted by the Director without meeting district requirements, as may be judged in the public interest, conditioned upon obtaining Florida DOT and FAA approvals for such use.

A general home occupation may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Participation in Business. Only lawful residents of a dwelling unit and one (1) employee shall be engaged or employed on-site.
2. General Standards.
   1. Nature of Use.
      1. The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes.
      2. There shall be no exterior structural or architectural modification to the dwelling related to the home occupation.
      3. A home occupation shall not occupy more than 20 percent of the gross floor area of the dwelling, exclusive of the area of any open porch, attached garage, or similar space not suited for occupancy as living quarters of a dwelling.
      4. A home-based business shall not be conducted in an accessory building, including a barn, carport, detached garage, porch, stable, or similar building or structure. In addition, accessory buildings shall not be used to store materials and supplies utilized for a home-based business.
   2. Parking. A maximum of two (2) additional off-street parking spaces may be required to accommodate a home occupation, and each additional space shall utilize the driveway serving the residence in which the activity is located.
   3. Visitation Hours and Trip Limits. A home occupation shall limit hours of operation for the activities specified below:
      1. Customer or client trips and all deliveries shall be limited to the hours from 8 a.m. to 8 p.m.
      2. The business shall not generate more than six (6) customer or client and delivery trips combined in any one (1) day and no more than two (2) clients may be present at any one (1) time.
   4. Vehicle Storage. The home occupation shall be limited to the parking and storage of one (1) commercial vehicle on the premises, not to exceed a one-ton capacity. Such vehicles shall not be parked or stored in front of the home.
   5. Operation of Mechanical Equipment. A home-based business shall be subject to the noise regulations in the City Code.
   6. Limitations on Use of Equipment and Materials. A home occupation shall conform to the following limitations on the use and storage of material and equipment:
      1. The business shall not utilize equipment or processes that create vibration, glare, fumes, odors, or dust that are discernable at the property lines.
      2. The business shall not utilize any combustible materials in violation of all applicable fire prevention regulations.
      3. The business shall not utilize or maintain on site any hazardous materials in violation of Chapter 22 of the City Code relating to hazardous materials management.
      4. The business shall not utilize equipment or processes which create electrical, visual, or audible interference in any radio or television receivers off-premises, or otherwise interfere with the off-premises use of electric or electronic devices of any kind.
   7. Sales. All sales shall be incidental to the principal residential use and shall involve only the sale of goods or merchandise produced or processed by the home occupation. Retail sales of goods not produced or processed on the premises are prohibited.
3. License. The Department is responsible for the review and approval of a license for each separate home occupation subject to the following conditions:
   1. No more than two (2) permits for home-based businesses shall be issued for a single dwelling unit. However, in such cases the trip limits in Subsection B.6., above apply to the dwelling unit for both home occupation permits combined.
   2. Each applicant shall sign an affidavit acknowledging receipt of regulations applicable to such permits.
   3. Each permit shall be valid for a period of up to two (2) years but shall be renewable upon application and continued conformance with the provisions of this Article.
   4. Each home occupation is required to procure and maintain a Monroe County occupational license.

An emergency clinic or hospital may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. The facility shall be set back a minimum of 15 feet from any residential zoning district; and
2. A solid masonry fence is installed, subject to the floodplain management standards of Article 12, Chapter 107, along the property line adjacent to the residential district.

An existing hotel or motel may be redeveloped pursuant to Table 103.15.1, subject to the following standards:

1. General Provisions.
   
   1. Each hotel or motel shall comply with all mandatory hurricane evacuation requirements set forth by the City for hotel, motel, and other transient uses.
   2. Each hotel or motel shall establish and maintain shuttle transport services to airports and tourist attractions individually or in conjunction with other hotel or motel operators.
   3. Except as provided in Subsection (a), all hotel or motels shall provide on- or off-site employee housing living space in an amount equal to a minimum of 25 percent (as may be adjusted from time to time by Council policy to reflect economic conditions) of the approved floor area in guest units; and such housing shall be of any of the following types as outlined in (b) below:
      1. An exception to the requirement for on- or off-site employee housing living space for hotel/motel redevelopment may be recommended by the Planning Director, the Planning Commission, and approved by the City Council as part of a conditional use and/or development agreement when the following criteria are met:
         1. No increase in the number of hotel/motel transient units (unit as described in Subsection 104.25A.4. of the LDRs);
         2. No use of transferable building rights (TBRs) (as described specifically in Subsection 107.14B. of the LDRs;
         3. No significant change (+ or − 10%) in the current project floor area (Floor area as defined in Chapter 110, Article 3 of the LDRs);
         4. No significant difference between the current and proposed uses of floor area;
         5. No effort to move units off-site through TBRs as part of the proposed project, though they may be documented and preserved for future use; and
         6. No significant change or increase in the size or type of project site amenities.
      2. Housing types.
         1. Dormitory pursuant to Section 104.15;
         2. Community Workforce Housing Unit pursuant to Section 104.13.
            
   4. All entrances to a hotel or motel unit shall share the same key or means of controlling access so that the hotel or motel room as defined herein is not divisible into separately rentable units.
   5. All hotels or motels must provide a lobby for guests to check in/out.
      
2. Redevelopment Criteria.
   1. An existing hotel or motel room may be redeveloped to a unit not exceeding 1,500 square feet consisting of no more than two and one-half (2 1/2) bathrooms, three (3) bedrooms and one (1) other living area, subject to the following rates of redevelopment:
      1. A one (1) bedroom unit may redevelop as a one (1) bedroom unit, without a reduction in the number of units; and
      2. A one (1) bedroom unit may redevelop as a two (2) bedroom unit at the rate of 90 percent of the one (1) bedroom units being redeveloped as two (2) bedroom units; and
      3. A one (1) bedroom unit may redevelop as a three (3) bedroom unit at the rate of 80 percent of the one (1) bedroom units being redeveloped as three (3) bedroom units.
   2. The number of units reduced and not included in the redevelopment shall be tracked over time and registered with the City as Conditional Redevelopment Units and reflected in the data and analysis of the Comprehensive Plan as it is amended.
   3. Existing hotel units, which exceed allocated densities, may redevelop provided: (1) the parcel has a stormwater management system which meets the requirements of Article 11, of Chapter 107; (2) the wastewater treatment system meets Best Available Treatment wastewater standards; and (3) the structures meet the shoreline setback criteria as established in Article 4 "Open Water, Surface Waters and Wetlands" of Chapter 106.
   4. As a condition of redevelopment, the developer and the City shall enter into a Development Agreement, in addition to compliance with all other provisions of the Code.
   5. Redevelopment shall be clustered to the least environmentally sensitive portion of the property pursuant to Section 106.16 to protect existing habitat on site.
      
   6. The City may consider, at a future time, proposed amendments to the LDRs to authorize the construction of Conditional Redevelopment Units. Prior to the consideration of such amendment, the City must demonstrate that: (1) a significant reduction in Hurricane Clearance Time has been achieved for the mandatory evacuation of permanent residents; (2) the Conditional Redevelopment Units have been tracked; and (3) other environmental and land use issues have been addressed.
   7. Notwithstanding the foregoing, the developer of a hotel or motel containing less than 12 units may convert existing, lawfully established accessory floor area in the hotel or motel to a second bedroom or third bedroom, as the case may be, to an adjacent existing hotel or motel unit without triggering the requirements of Subsections B.1 or B.4 above; provided, however, that the additional floor area hereunder shall not exceed 425 square feet per unit or 850 square feet in the aggregate per property.

Food sales may be allowed pursuant to Table 103.15.1 as an accessory use to commercial and industrial uses, provided that the area utilized for the sales, storage, preparation, and service of foods does not exceed 20 percent of the gross floor area of the principal structure.

A junk, salvage, or recycled metal yard may be allowed pursuant to Table 103.15.1, if the City Council approves after a finding that the Applicant shall have met the following standards:

1. Review and Approval. An application to establish a junk, salvage or recycled metal yard shall include the following materials:
   1. Environmental Assessment. The environmental assessment shall be prepared by a registered engineer, landscape architect, architect or environmental professional with the appropriate qualifications and shall include the following information:
      1. All applicable federal, state and city and county standards for protection of water, air and other natural resources; and
      2. The manner in which the proposed facility complies with all requirements.
   2. Plan of Operation. A proposed plan of operation for the facility shall include the following:
      1. Days and hours of operation; and
      2. Manner of disposal or sale of waste products or recycled materials.
2. Conditions of Approval. As part of considering an application for development approval, the Council may include conditions that address the following:
   1. Containment structures and procedures to protect groundwater resources;
   2. Dust and emission control;
   3. Fencing of processing, storage and shipping areas as required by Subsection E. below;
   4. Height of stockpiles of processed and unprocessed materials;
   5. Hours of operation;
   6. Lighting;
   7. Monitoring program for protection of air, natural and water resources;
   8. Litter control;
   9. Noise; and
   10. Traffic impacts, including any truck traffic on local residential roads.
3. Prohibited Activities.
   1. Sale of Vehicles. The sale of operable vehicles is prohibited.
   2. Processing of Debris. A yard or facility shall not process any woody or vegetative wastes or construction or demolition debris unless otherwise approved separately as a consideration under Section 104.13 above.
4. Compliance with Natural Resources Protection Laws. A yard shall comply with all applicable federal, state, City and County regulations regarding protection of air, groundwater, surface water and other environmental and natural resources.
5. Screening. All junk, salvage or recycled metal yards shall be screened from view of a public right-of-way on all sides by an opaque masonry wall a minimum of six (6) feet in height and with two (2) feet of ornamental superstructure. The required wall along a public right-of-way shall conform to the front yard requirement of the district in which it is located.
6. Fire Protection. The facility shall adopt and maintain a fire prevention and suppression program, including all necessary equipment that is acceptable to the City of Marathon Fire Marshall.

Live-aboard facilities are not permitted within residential districts under any circumstances. Live-aboard facilities shall not be permitted other than pursuant to Table 103.15.1 without the appropriate zoning, infrastructure and solid waste facilities to support equivalent residential units.

Manufacturing, assembly, storage and distributions of goods may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. All outdoor storage shall be screened from off-site view.
2. No activity shall be conducted that produces noise, odors, dust, fumes, fire hazard, or other nuisance beyond the property lines.

Preference shall be given to the expansion of suitable existing facilities rather than new construction. Marinas may be allowed pursuant to Table 103.15.1 and are subject to the following conditions:

1. Marina Siting Criteria.
   1. Concept Meeting. The applicant shall schedule and attend a concept meeting with the TRC to review siting criteria, the development approval process and marina operating practices. The following information shall be submitted with the completed application:
      1. Survey of the subject property;
      2. Preliminary site plan;
      3. Written description of size and type of development;
      4. Location map of facility;
      5. Aerial photograph of site;
      6. Site photographs;
      7. Bathymetry survey;
      8. If available, the following information will also be useful at this meeting:
         1. Vegetation survey; or
         2. Natural Resource Assessment.
   2. Review of Applications. Marinas may be subject to the conditional use approval process established in Chapter 102, Article 13. In addition to the docking facility criteria established in Chapter 104, "Waterfront Walkways and Docks", and the requirements of Article 24 "Marina Operating Permit", Chapter 102. The City shall consider, in its review of permit applications under this section, the following criteria. If any of the following questions are answered in the affirmative, the application shall be denied or modified:
      1. Would have a detrimental effect on the use of such waters for navigation, transportation, recreational or other public purposes and public conveniences;
      2. Would restrict the free use of the waterways and navigable waters;
      3. Would have a material adverse effect upon the flow of water or tidal currents in the surrounding waters;
      4. Would have a material adverse effect upon erosion, erosion control, extraordinary storm drainage, shoaling of channels, or would be likely to adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area;
      5. Would have a material adverse effect upon the natural beauty and recreational advantages of the City;
      6. Would have a material adverse effect upon the conservation of wildlife, marine life, and other natural resources, including shorelines, so as to be contrary to the public interest;
      7. Would have a material adverse effect upon the uplands surrounding or necessarily affected by such plan or development;
      8. Would have a material adverse effect on the community character or safety, health and welfare of the general public; or
      9. Are inconsistent with adopted State plans (i.e., manatee protection plans), the City of Marathon Comprehensive Plan, other formally adopted natural resource management plans, or any other City ordinances or regulations.
   3. It shall be the burden of the applicant for a permit under this article to provide data and testimony to show the effect of the proposed plan and development on the criteria established in this section.
   4. The City shall have the option of requiring the analysis of alternative designs where such alternatives have the potential to reduce environmental impacts or navigational impacts. It shall be the burden of the applicant to prove that alternatives do not result in lesser impacts than the proposed design. An analysis of alternatives may be submitted at the time of application at the option of the applicant.
   5. The use of alternative designs, such as the use of multiuse private docks in lieu of single-family private docks, may be required where the assessment of cumulative impacts indicates that such cumulative impacts would violate the general provisions under this Chapter.
2. Special Conditions.
   1. Prior to the issuance of any permit under this article, special conditions may be imposed for such permit. These conditions should include any item which can be reasonably expected to enhance the probability that the proposed activity will be conducted in compliance with the intent of this article. Those conditions may include, but are not limited to, field inspections by City staff, reports, monitoring, bonding, easements, guaranteed survival of non-affected and/or replanted vegetation, protective barriers, setbacks, protective earthwork, replants, signage, restoration and/or mitigation. Conditions may also be applied in order to assure consistency with the Comprehensive Plan.
   2. Prior to the issuance of the Certificate of Occupancy, the marina shall obtain and maintain a Marina Operating Permit, in compliance with all standards of Article 24, Chapter 102.
   3. It shall be unlawful for any person to deviate from the specific conditions of the permit as set forth by this article without the prior approval of the City Manager.

A massage therapist or other establishment operated or staffed by one (1) or more massage therapists is allowed pursuant to Table 103.15.1 as a limited use, subject to the following standards:

1. Licensing.
   1. The establishment shall be licensed by the Board of Massage Therapy in accordance with the Florida Massage Therapy Practice Act, as codified at Fla. Stats. § 480.031 et seq.
   2. Any massage therapists shall be licensed by the Board of Massage Therapy.
   3. A massage therapist shall maintain posted on-premises copies of the licenses of the therapists who provide services at the establishment.
2. Violation. There shall be a rebuttable presumption that any therapist who is not licensed and any facility that does not have posted on its premises licenses of massage therapists who provide services there, is operating in violation of this section and subject to enforcement action and penalty under Chapter 109, in addition to any violation of the Massage Therapy Practice Act.
3. Massage Education. Nothing in this Section shall be construed to limit the operation of a massage school in accordance with the applicable provisions of the Massage Therapy Practices Act or the provision of clinical experience to students of a massage school in a setting consistent with the provisions of the Massage Therapy Practices Act.

A retail establishment that devotes more than ten (10%) percent of its floor area or inventory to sexually explicit material, but that devotes less than 30 percent of its floor area or inventory to sexually-explicit material sales and rental shall not be treated as a sexually-oriented media shop (see sexually oriented business) and may be allowed pursuant to Table 103.15.1, provided that it meets the following conditions:

1. All sexually-explicit media shall be maintained in a room that is separated from other material by an opaque wall that extends to the ceiling or eight (8) feet above the floor, whichever is less.
2. Access to the room containing the sexually-explicit media shall be through an opaque, solid door.
3. The room containing sexually-explicit media shall be posted with a notice indicating that only persons 18 years of age or older may enter the room.
4. Access to the room shall be physically limited to adults through control of access by an employee of the store, through use of an access release located a minimum of 66 inches off the floor, or through constant monitoring of the room by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager's or cashier's work station.

A medical or dental clinic may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Permitted Activities. Except for medical emergency purposes, overnight facilities for patient care are prohibited.
2. Permitted Location. A clinic may be located in a freestanding building or in a multiple tenant building.
3. Maximum Building Size. An outpatient clinic shall not exceed 10,000 square feet, unless otherwise approved as part of a conditional use permit.

A medical marijuana dispensing facility may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. No medical marijuana dispensing facility shall be located within 500 feet of the real property that comprises a public or private school, as defined in Section 110.00. This distance shall be measured by following a straight line from the main entrance of the medical marijuana dispensing facility to the nearest point of the school grounds in use as part of the school facilities.

A mobile home may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Mobile Home Inspection and Certification Requirements. Mobile homes shall comply with the following inspection and certification requirements:
   1. Compliance with State Requirements.
      1. Mobile homes shall be certified in compliance with Fla. Stat. ch. 320, regarding construction, alteration, modification, remodeling and repair of such units; and Florida Administrative Code Section 15C-2.0081, regarding the repair and remodeling of mobile homes. Certification inspections of any repairs or remodeling shall be made by a licensed manufactured home dealer or a licensed inspection agency.
      2. Any fees associated with the certification inspection shall be paid by the owner of the unit.
      3. The placement of a mobile home shall require Department of Health approval.
   2. Mobile Home Installation Standards. A mobile home shall not be used as a residence unless the installation complies with each of the following requirements:
      1. Every mobile home not placed on a permanent foundation, as defined in Chapter 110, shall be located on an approved support system and be properly anchored in accordance with the manufacturer's specifications, the Florida Building Code, Fla. Stat. ch. 320.8325, and Florida Administrative Code Chapter 15C-1.010.
      2. Mobile homes shall comply with the additional anchoring and elevation requirements of Chapter 107, Article 12 "100-Year Floodplain".
      3. A building permit from the City of Marathon shall be obtained prior to the installation of a mobile home on any mobile home park lot or parcel of land within the City. Such permit shall be deemed to authorize placement, erection and use of the mobile home only at the location specified in the permit. The building permit shall be posted prominently on the mobile home before such mobile home is moved onto the site.
   3. Mobile Home Storage. Unoccupied mobile homes shall be permitted in districts permitting the sale and rental of mobile homes, or may be parked and stored in a mobile home park.

In addition to the requirements of the Comprehensive Plan and the LDRs, a new or redeveloped mobile home park may be allowed pursuant to Table 103.15.1 and shall comply with each of the requirements listed below:

1. Regulatory Approval. Placement of all mobile homes shall require license and permit approval by the appropriate jurisdictional authority, including, but not limited to; the Department of Health and the City of Marathon and shall be subject to the elevation and anchoring requirements of Article 12, "100-Year Floodplain" of Chapter 107 of the LDRs.
2. District Standards. Within the R-MH zoning district, the principal dwellings shall be in compliance with the standards established in Table 103.15.2.
3. Mobile Home Space.
   1. Each mobile home space shall be clearly defined and shall abut on a street or on a driveway with unobstructed access to a street.
   2. Each mobile home space shall contain a maximum of one (1) dwelling and accessory structures.
4. Street Lighting. All streets or driveways within the park shall be lighted at night with electric lights providing a minimum average illumination of 0.2 footcandle.
5. Water and Sewer Service. Central potable water and sanitary sewer service shall be provided to each dwelling within a mobile home park.
6. Garbage Receptacles. Approved garbage cans with tight fitting covers shall be provided in quantities adequate to permit disposal no farther than 300 feet from any mobile home space. The cans shall be kept in good repair at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans will not overflow. The use of a central garbage collection system may be permitted as an alternative.
7. Fire Protection. Every park shall have adequate fire fighting facilities approved by the Fire Marshall and the City Engineer.
8. Required Recreational Area. A minimum of five (5%) percent of the development, beyond the required 20 percent of pervious open space, shall be designated for developed recreational open space, such as community fields, greens, or sports facilities. Such open space shall be designed for use by residents of the development.

A model home may be allowed as an accessory use pursuant to Table 103.15.1, subject to the density requirements of the district and to the following standards:

1. If a sales office is located in the model home, it is restricted to 30 percent of the floor area of the unit.
2. Permanent, hard surface parking shall not exceed that allowed for similar residential structures within the same development. Temporary parking, such as mulch, may be allowed on the adjoining lot.
3. One (1) sign, no larger than seven and one-half (7 1/2) square feet, may be allowed per unit.
4. When 90 percent of the lots within a development are sold, the home may no longer be used as a model home or office, residential use only may be permitted.

(See Residential Dwelling Units).

Multi-tenant retail may be allowed pursuant to Table 103.15.1. If tenants share parking spaces, a parking study as required in Chapter 107, Article 6 "Parking, Loading and Stacking" shall be provided at the time of application.

Museums may be allowed pursuant to Table 103.15.1 providing that the type of museum is consistent with the intent for the uses allowed in the district.

A nursing home may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. No building shall be located closer than 40 feet to any lot line which abuts residential districts.
2. A landscaped buffer shall be provided, at a minimum, between a nursing home and all abutting residential districts.
3. There shall be at a minimum 50 feet of road frontage.
4. Adequate provisions shall be made for service vehicles with access to the building at a side or rear entrance, and without backing onto rights-of-way to exit the property.
5. All structures shall be built to a residential scale consistent with the surrounding neighborhood.

Temporary outdoor display of merchandise, inventory, equipment, or similar material is may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Storage Requirement. Merchandise must be mobile and stored indoors overnight.
2. Nature of Use. Merchandise display must be accessory to a principal use located on the same property.
3. Use Restrictions. Merchandise shall not be located in or obstruct any required setback, loading space, loading area, vehicular use area, fire lane, landscape buffer, sidewalk, ADA accessibility route, or drainage easement.

Outdoor storage of merchandise, inventory, equipment, or similar material may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Permitted Activity. Except as otherwise provided, any outdoor storage shall be incidental and subordinate to the primary use located on the property.
2. Location. Outdoor storage areas shall not be located in any required setbacks, fire lanes or sidewalks as provided on an approved site plan.
3. Screening. The TRC may require any outdoor storage area to be screened from view by landscaping, fences, walls or buildings. Storage areas shall be located to the side or rear of the principal building and completely screened from view.
4. Exceptions. The following uses or materials are exempt from these requirements:
   1. Storage of landscape plant material;
   2. Storage of material used for road construction on a lot directly adjacent to the roadway under construction; and
   3. Uses that allow outdoor storage by definition or as otherwise provided in the LDRs.

A vehicle or vessel paint and body shop may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. All work on vehicles shall occur within an enclosed structure.
2. In the I-M district, this use shall be limited to the repair and construction of vessels.
3. Bay doors shall be oriented to the side or rear of the building, whenever possible.

Parks and recreational activities shall be allowed pursuant to Table 103.15.1 and shall be limited to the time between 7 a.m. and 11 p.m. All outdoor lighting shall be directional and shall not directly radiate onto adjacent residential properties.

A pharmacy may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Location of Drive-Through Windows. Drive-through windows shall be constructed as an integral part of the principal structure.
2. Circulation.
   1. Stacking lanes for drive-through windows shall be located so as to avoid conflict with the normal flow of traffic on the site.
   2. A vehicle pass-by lane shall be constructed adjacent to each window to provide for complete, unimpeded circulation throughout the site.

A place of worship may be allowed pursuant to Table 103.15.1, subject to the following conditions:

1. There shall be at a minimum 50 feet of road frontage.
2. The proposed parking facilities shall be setback at least 25 feet from adjacent residential property.
3. Off-street parking areas shall be surfaced and maintained to provide a durable, dust free surface and shall provide adequate drainage facilities for disposal of all collected surface water. Surfacing materials may include pavement, gravel, wood chips, previous paving materials, or grass.

Educational facilities may be allowed pursuant to Table 103.15.1. Private educational facilities may also be allowed in the MU-M and I-M districts providing the course of study is consistent with the intent for uses allowed in the maritime districts. All educational facilities are subject to the following standards:

1. Accessibility.
   1. Sites for all schools shall be located on publicly maintained paved roads.
   2. All schools shall be linked with surrounding residential areas by bikeways and sidewalks.
   3. All schools shall be designed to accommodate public bus transportation and/or other means of public transit.
2. Minimum Setbacks. All buildings shall comply with the yard and setback requirements of the district in which they are located; and, in no case shall be less than 25 feet on the front, 20 feet in the rear, and ten (10) feet on interior side, and 25 feet on street side.
3. Outdoor Lighting. Any lighting installed for sports facilities or parking areas shall utilize flat glass lenses and house side shields. Illumination levels at any point on the property line adjacent to a residential area shall not exceed 0.5 footcandles. A photometric lighting plan, including specifications for fixtures, shall be required as part of any site plan.
4. Vehicular Circulation. In addition to the requirements of Chapter 107, Article 6, an applicant shall provide a vehicular circulation plan, showing on-site queuing and circulation, vehicle stacking, drop-off areas and interior roads, based upon the location of and number of patrons that utilize the facility.
5. Hours of Operation. No activities shall be conducted on-site between the hours of 11:00 p.m. and 6:00 a.m. unless approved otherwise as part of a conditional use permit.
6. Additional Buffering. All private facilities shall meet the landscape buffer requirements in Article 8, "Landscaping", of Chapter 107. For facilities serving 100 or more students, a minimum 25-foot wide medium-density buffer shall be maintained along any boundaries adjacent to residential areas or as required by Article 8, Chapter 107, whichever is greater.

In addition to other requirements of the LDRs and pursuant to Table 103.15.1, all residential dwelling units, except mobile homes, shall comply with the following:

1. Two (2) side yards are required for stacked duplexes.
2. Townhouses are limited to ten (10) dwelling units per row, except for affordable housing.
3. The private yard area for rooftop balcony dwelling is provided by the roof or balconies of the structure.
4. The total area of the mixed-use or commercial apartments, including patios and access way shall not exceed the area covered by the ground floor and any covered walks or arcades.
5. Each unit shall have access to a balcony or patio that is separate from the access to the unit, provides adequate privacy and the size shall be two-tenths (2/10) of unit floor area or a minimum of 60 square feet in size.
6. The patio area may be wholly or partially replaced by the provision of a recreation yard provided on site. Recreational yards shall be a minimum one-tenth (1/10) of unit floor area.

A restaurant with a drive-through may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Location of Drive-Through Windows. Drive-through windows shall be constructed as an integral part of the principal structure. Menu boards and equipment for ordering from a vehicle may be a standalone feature.
2. Circulation.
   1. Stacking lanes for drive-through windows shall provide at least five (5) stacking spaces for each drive-through service window. Such spaces shall be designed so as to avoid conflict between pedestrian and vehicular circulation on the site or any abutting street.
   2. A vehicle pass-by lane shall be constructed adjacent to each window to provide for complete, unimpeded circulation throughout the site.

Seafood processing and packaging may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. All access points shall have at a minimum 50 feet of road frontage.
2. There shall be no external activity beyond loading and unloading of materials. All packaging shall be conducted within an enclosed structure.
3. All outdoor storage shall be screened from off-site view.
4. No activity shall be conducted that produces noise, odors, fumes, or other nuisance beyond the property lines.

Sexually oriented businesses including, but not limited to; a cabaret, theater, media store or sex shop, may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Generally. Sexually oriented businesses shall be allowed only in the zoning districts in which a specific sexually oriented business is listed as a conditional use in this chapter. Any sexually oriented business established or expanded after the adoption of this Ordinance, in such a district shall be separated from other specified uses by the distances specified in Table, 104.01.1 below and the design standards of this chapter.
2. Measurement. Measurements shall be made from the nearest property line of the use which is not a sexually oriented business to the nearest property line of the sexually oriented business. If the sexually oriented business is located in a multi-tenant building, then the distance shall be measured from the nearest property line of the use which is not a sexually oriented business to the nearest line of the leasehold or other space actually controlled or occupied by the sexually oriented business.
3. Limitations. Any lawfully established sexually oriented business shall not be made nonconforming by the subsequent establishment of uses on surrounding properties which require separation standards.
   
   Table 104.01.1
   Minimum Separation Standards for Sexually Oriented Businesses
   
   

   	Sexually Oriented Cabaret/Theater	Sex Shop/Sexually Oriented Media Store
   Other Sexually Oriented Business	500 ft	500 ft.
   Residentially Zoned Land	500 ft	500 ft
   Place of Worship	750 ft	500 ft
   School (Public and Private) and Daycare Centers	750 ft	500 ft
   Public Park, Youth Center or other facilities used by children	750 ft	500 ft
   Public Library	750 ft	500 ft

4. Sexually Oriented Cabarets Design Standards. Any building used for the operation of a sexually oriented cabaret shall meet the following design standards:
   1. Stage Required. The building shall include one (1) or more stages, on which all performances shall take place. Each such stage shall be in a room open to all customers of the establishment and containing a minimum of 600 square feet of floor area. The stage shall be raised a minimum of 18 inches above the level of the floor on which customers stand or are seated and shall be further separated from customers by a rail or other barrier a minimum of 30 inches high. If the stage is a minimum of 30 inches high, the additional barrier shall not be required.
   2. Performance Areas.
      1. All performances and interactions between performers and customers shall occur so that the performers (and any customer directly involved) are visible from the room in which the stage is located. No doors, curtains, screens, or other devices shall be used to obscure any part of the room or any booth.
      2. Any private performance booth in existence on the date of the adoption of this ordinance may continue in use regardless of whether it is fully visible from the larger room, provided that it shall be visible from a hallway meeting the lighting standards required in Subsection (c) below. Such hallway shall be open to all customers of the establishment and other persons lawfully entering onto the premises and the entrance to the booth shall not be obscured from the the hallway by any doors, curtains, screens, or other devices.
   3. Lighting. The lighting level in the primary area occupied by customers shall be a minimum of five (5) footcandles at a height of three (3) feet above the floor. This lighting standard shall not apply to the stage or to performance booths but shall apply in any hallway or other access area to the booths and in the area around the stage.
5. Sexually Oriented Theaters Design Standards. Any building used for the operation of a sexually oriented theater shall meet the following design standards:
   1. Presentation Area. All screenings and presentations of motion pictures, videos or other media shall occur in a room open to all customers of the establishment and containing a minimum 600 square feet of floor area. No doors, curtains, screens, or other devices shall be used to obscure any part of the room.
   2. Lighting. The lighting level in the area occupied by customers shall be a minimum of two (2) footcandles at floor level.
   3. Seating. Seating shall consist of individual, theater-style chairs, with solid arms separating the chairs. No couches, benches, individual chairs, beds, loose cushions, mattresses or other forms of seating may be provided. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the Florida Building Code and the Americans with Disabilities Act.

The approval of Single-family dwellings (Seven (7) Bedrooms or more) requires a Conditional Use Permit review and approval pursuant to Chapter 102, Article 13 of the Land Development Regulations.

Single-family residential structures which include seven (7) or more bedrooms in number have a greater impact on the community than a more typical residence of six (6) bedrooms or less. Therefore, the City requires that the permission of such structures be considered in the wider context of a Conditional Use Permit. Particularly, the City must understand at a minimum, the greater impacts of the project related to the size of the property in question, the parking requirements, the traffic impacts, and the impacts on infrastructure such as water, sewer, electricity, and solid waste. However, as noted in the application submittal requirements below, other considerations and additional review areas may be considered and additional information may be requested.

SPECIFIC APPLICATION REQUIREMENTS
CONDITIONAL USE PERMITS

These requirements are to be met in addition to those requirements of Chapter 102, Article 13, Section 102.75. The Planning Department may require additional drawings, specifications or information in order to complete the review of the application.

1. Wastewater Flow Calculations.
   1. Residences with six (6) six bedrooms or less will be assumed to equate to one (1) Equivalent Dwelling Unit (EDU) at 167 gallons per day. System development and connection charges, as well as monthly base and flow charges will accrue and be billed as a single-family residence.
   2. Residences with seven (7) bedrooms or more will be assessed based on a calculation of average wastewater flows developed and provided by a qualified wastewater engineer. Such wastewater flow will be calculated into the one-time System Development and Connection charges and be billed accordingly.
2. Parking space needs analysis. The City will require a minimum of one (1) parking space per bedroom unless otherwise justified and validated by the Conditional Use Permit applicant.
3. A Traffic Study prepared by a licensed traffic engineer.

Ord. No. 2019-14, § 3, adopted January 14, 2020, set out provisions intended for use as 104.52. For purposes of classification, alphabetization, to preserve the style of this Code, and at the editor's discretion, these provisions have been included as 104.51.1.

Private and public animal shelters may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Hours of operation, including times for feeding and use of outdoor areas by the animals, shall occur between 6 a.m. and 7 p.m.
2. No boarding of animals as a stand-alone commercial use shall be permitted.
3. Boarding of animals as a commercial use shall be permitted as accessory to a grooming or dog training use.

1. Findings and Purpose.
   1. Sport shooting and training ranges are widely used and enjoyed by the residents of this state and are a necessary component of the guarantees of the Second Amendment to the United States Constitution and of Section 8, Art. I of the State Constitution.
   2. Many of these ranges are used by state and local law enforcement agencies for training, practice, and regular mandatory qualification by law enforcement officers; by Fish and Wildlife Conservation Commission hunter safety instructors who teach adults and youngsters in the safe use and handling of firearms in preparation for obtaining hunting licenses; by school boards, colleges, and universities for reserve officer training corps training and activities; by school shooting teams; by Olympic competitors; and by certified instructors who teach the safe use and handling of firearms in preparation for applying for licenses to carry concealed firearms for lawful self-protection.
   3. The public policy of the State of Florida and within the Corporate limits of the City of Marathon, Florida is to encourage the safe handling and operation of firearms and mandates appropriate training in the safe use and handling of. Sport shooting and training ranges throughout this state provide the location at which this important public purpose is served and at which the firearms training mandates are fulfilled.
2. Applicability.
   1. This Ordinance is applicable to all future shooting ranges to be located within the incorporated limits of the City of Marathon, Florida.
3. Definitions. As used in this Ordinance, the following terms shall have the respective meanings ascribed to them:
   1. Archery. The art, sport, or skill of shooting with a bow and arrow.
   2. dBA. The sound pressure level, in decibels, as measured using the impulse mode and "A" weighting network on a precision sound level meter.
   3. Firearm. A weapon, including pistols, rifles, and shotguns, capable of firing a projectile using an explosive charge as a propellant.
   4. Firing line. A line perpendicular to the shooting position and the target along which firearms are discharged.
   5. Person. Any individual, corporation, association, club, firm, or partnership.
   6. Project Area. The individual or cumulative parcels (defined by Real Estate number) upon which the shooting range facility will be located.
   7. Project Area Property Lines. The exterior most property lines of the individual or cumulative parcels associated with the project area.
   8. Projectile. For the purposes of this Ordinance, a projectile is any material fired from a firearm or bow intended to be fired at a target located on the firing line.
   9. Safety fan. An area on a shooting range facility designed to contain all projectiles fired from a shooting range.
   10. Shooting range. An area designed and improved to fully encompass the shooting stations, firing lines, target areas, safety fan, including berms, baffles, or other appropriate structural elements designed to define the area of the safety fan, and any other related components intended to allow safe shooting within the shooting range.
   11. Shooting range projectile safety containment area. The area defined by the physical boundaries of the shooting range, specifically including ALL safety fans. This is the area within which this ordinance absolutely requires that ALL projectiles fired from within the shooting range must designed and engineered to land. Adherence to this requirement shall be based on the engineered design of the shooting range facility provided by an engineer or architect certified in the design and construction of such facilities.
   12. Shooting range facility. A public or private facility, including individual shooting ranges, safety fans or shotfall zones, structures, parking areas, and other associated improvements, designed for the purpose of providing a place for the discharge of various types of firearms or the practice of archery. Does not include incidental target practice areas on private property. The perimeter of the shooting range facility shall be clearly defined as part of the conditions herein and as part of the Conditional Use Permit Approval.
   13. Shooting station. A fixed point from which firearms or arrows are discharged.
   14. Shotfall zone. An area within which the shot or pellets contained in a shotgun shell typically fall.
   15. Structure. A walled and roofed building that is principally above ground meeting current Florida Building Code Requirements and City of Marathon Land Development Regulations;
   16. Target. Generally defined as a mark or point at which someone fires or aims, especially a round or rectangular board marked with concentric circles used in archery or shooting.
4. Sport Shooting and Training Ranges Allowed With Conditions.
   1. Conditional Use Permit Required.
      1. As provided for in Chapter 102, Article 13, "Conditional Use Permits," all parties interested in developing a shooting range shall apply for and obtain approval for a Conditional Use Permit. All conditions of approval established in this Subsection shall be applied and met in consideration of the Planning Commission recommendation and City Council approval of a Conditional Use Permit for a shooting range.
   2. Required information. The applicant shall provide sufficient information as required by these provisions in order to properly evaluate the permit application. In addition, copies of any written agreements from the adjoining property owners and a letter from the insurance company to provide liability insurance shall accompany the permit application.
   3. Site plan. A site plan for the entire range facility which shows the following applicable information drawn to an appropriate scale, shall accompany the permit application:
      1. Property lines for any parcel upon which the range facility is to be located, north arrow, plan scale, date, and ownership information for the site;
      2. Complete layout of the shooting range, including, shooting stations or firing lines, target areas, shotfall zones or safety fans, backstops, berms, and baffles;
      3. Projected noise contours;
      4. Existing and proposed structures associated with the proposed shooting range facility; occupied buildings and dwellings within 300 feet of the project area; roads, streets, or other access areas; buffer areas; and parking areas for the range facility; and
      5. Any other appropriate information related to the specific type of range(s) being proposed.
5. Performance Standards.
   1. The following performance standards shall apply to all shooting range facilities:
      1. Minimum Size of Project Area.
         1. IF a shooting range as proposed by the Applicant shall be located within fully contained and enclosed structure, THEN the minimum Project Area shall be defined in terms of the intensity of the proposed use as established in Table 103.15.2 of the LDRs.
         2. IF a shooting range as proposed by the Applicant shall not be located within fully contained and enclosed structure, THEN the minimum Project Area within which a shooting range facility is located shall be three (3) acres.
      2. Projectile containment/Shooting range projectile safety containment area. Shooting range facilities shall be designed by an engineer or architect certified in the design and construction of shooting range facilities to contain all projectiles within the shooting range. An engineering report outlining the methods and means by which such containment will be accomplished and guaranteed shall be provided with all applications for a shooting range facility.
      3. Firing Range Setbacks.
         1. The Setbacks for a firing range within a fully contained and enclosed structure shall be the same as for the zoning district within which it is located.
         2. The setbacks for a firing range as herein defined which shall not located within fully contained and enclosed structure, shall be a minimum of 50 feet from ALL Project Area Property Lines.
            1. All shooting stations within a shooting range so constructed shall be located a minimum of 100 feet from any project area property line.
            2. Distance from occupied buildings or dwellings: All shooting stations within a shooting range so constructed shall be located at least 150 feet from any existing occupied buildings or dwellings.
      4. Noise mitigation. Noise levels measured at the Any Project Area Property Line within the Project Area where the shooting range facility is located shall not exceed those limits established in Chapter 14, Section 14-32, "Maximum Permissible Sound Levels By Receiving Land Use," Table II, "Sound Levels By Receiving Land Use" and as reproduced herein:
         
         Section 14-32
         
         TABLE II
         SOUND LEVELS BY RECEIVING LAND USE
         
         

         		L10	Lmax
         Receiving	Sound Level Limit
         Land Use Category	Time	dBA
         Residential, public space, or institutional	7:00 a.m.—10:00 p.m.	60	70
         	10:00 p.m.—7:00 a.m.	55	60
         Commercial or business	7:00 a.m.—10:00 p.m.	65	75
         	10:00 p.m.—7:00 a.m.	60	65
         Manufacturing, industrial or agricultural	At all times	75	85

         Lmax—Maximum sound level recorded during any measurement period.
         
         L10—Def. Level, 10th percentile—The A-weighted sound pressure level that is exceeded ten (10) percent of the time in any measurement period as six (6) minutes in one (1) hour, and is denoted L10.
      5. Warning signs. Warning signs meeting National Rifle Association (NRA) guidelines for shooting ranges shall be posted at 100-foot intervals along the entire perimeter of the shooting range facility.
      6. Lead And Other Aerosol Contaminants.
         1. Consideration shall be given in the shooting range design to minimizing by whatever means necessary and appropriate any aerosol lead and other contaminants created by the firing of any firearm within the shooting range.
      7. Recycling of Projectiles.
         1. Lead and other materials that will be associated with the firing of any projectile within the shooting range shall be recycled from time to time so as to minimize soil contamination.
6. Section 8. Operational Requirements.
   1. Hours of Operation.
      1. Shooting ranges located entirely within a fully contained and enclosed structure which exceed the noise tolerance limits (less noise) established in Chapter 14, Section 14-32, "Maximum Permissible Sound Levels By Receiving Land Use," Table II, "Sound Levels By Receiving Land Use" as demonstrated by a certified engineering report provided by an engineer certified to provide noise abatement reports shall be allowed to operate at will.
      2. Shooting ranges which are not located within fully contained and enclosed structures shall be allowed to operate between sunrise and sunset, except that the hours may be extended after sunset for purposes of subdued-lighting certification of law enforcement officers. On Sundays, shooting shall not commence before 12:30 p.m. and shall otherwise cease by sunset.
   2. Liability insurance. The Applicant so approved to hold a Conditional Use Permit and meeting all standards of this Section (Permittee) shall be required to carry a minimum of liability insurance in an amount to be established by resolution. Such insurance shall name the City of Marathon, Florida as an additional insured party and shall save and hold the City of Marathon, Florida, its elected and appointed officials, and employees acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group's members or employees or third parties on account of any property damage arising out of the acts or omissions of the Permittee, his/her group, club, or its agents or representatives. The City shall be notified of any policy changes or lapses in coverage.
   3. Annual Renewal. The Permittee shall renew his/her approval of the Conditional Use Permit granted under Chapter 102, Article 13, "Conditional Use Permits" and this Subsection on an annual basis at the beginning of each fiscal year (October 1). Included with each request for renewal shall be a certification by a licensed engineer that the Shooting Range Facility as permitted continues to meet all conditions imposed on the approval of its development through the Conditional Use Permit process.
7. Enforcement and Penalties.
   1. The City may enforce the provisions of this Chapter and Section by any lawful means including, but not limited to, in accordance with section 1-7 of this Code; or in accordance with chapter 10 of this Code.
   2. More specifically, in order to assure compliance with the provisions of this Ordinance the following applies:
   3. The Applicant, by accepting this Permit, specifically agrees to allow authorized City personnel, upon presentation of credential or other documents as may be required by law, and at reasonable times, access to the premises where the permitted activity is located or conducted to:
      1. Have access to and copy any records that must be kept under the conditions of the Permit;
      2. Inspect the facility, equipment, practices, or operations regulated or required under this Permit; and
      If, for any reason the Applicant does not comply with or will be unable to comply with any condition or limitation specified in this Permit, the Applicant shall immediately provide the City with the following information:
      1. A description of and cause of noncompliance; and
      2. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.
      The Applicant shall be responsible for any and all damages which may result and may be subject to enforcement action by the City for penalties or revocation of this Permit under the provisions of this Section or as may be appropriate under Chapters 1-7 or 10 of the City Code of Ordinances.

Self-service storage facilities may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. Individual storage areas shall not exceed 400 square feet each.
2. Storage of boats, recreational vehicles and similar equipment may be allowed, subject to the following standards:
   1. Storage shall occur only within a designated area, approved as part of the site plan.
   2. Storage areas shall not exceed 50 percent of the lot area of the site.
   3. Boats shall be stored on trailers with wheels.
   4. Storage areas shall be completely screened from public rights-of-way or adjacent residential zoning districts, utilizing either the buildings associated with the storage facility or by an opaque masonry wall, or equivalent approved by the Director, a minimum of six (6) feet in height.

A permanent outdoor storage yard may be allowed pursuant to Table 103.15.1, subject to the following standards:

1. An outdoor storage yard shall be a minimum of 15 feet from any public street.
2. Such yard shall be completely enclosed, except for necessary ingress and egress, by a solid fence or wall not less than six (6) feet high.
3. Bulk storage of flammable liquids may only be allowed with a conditional use permit. In addition to the conditional use provisions of Article 13, of Chapter 102, the proposed use shall also comply with the following:
   1. A lot to be used for the bulk storage of flammable liquids shall be a minimum of 200 feet, measured in a straight line, from the nearest wall of any structure used as a place of worship, school, hospital, nursing home, or theater, except open-air or drive-in theaters.
   2. This provision shall not prevent the use of liquefied gases for domestic purposes.

Temporary placements of recreational vehicles, motor homes, mobile home, or other temporary residential unit, may be permitted pursuant to Table 103.15.1 on a limited basis provided the conditions in Article 15 of Chapter 102 are met.

Temporary use permits may be allowed pursuant to Table 103.15.1 and shall be obtained for motion picture production, seasonal sales, temporary sales and special events involving more than 250 persons pursuant to the requirements in Article 16 of Chapter 102.

Wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) may be allowed pursuant to Table 103.15.1 provided that:

1. The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal, state, and local requirements; and
2. The above ground portions of the wastewater treatment facility, wastewater treatment collection system(s), and accessory uses shall be screened by structure(s) designed to:
   1. Be architecturally consistent with the character of the surrounding community;
   2. Minimize the impact of any outdoor storage, temporary or permanent; and
   3. A solid fence may be required upon determination by the Director.

Pursuant to Table 103.15.1, minor utilities may be allowed. Lift stations and all equipment cabinets must be completely screened pursuant to the landscape requirements of Article 8 of Chapter 107, within residential districts.

Vehicle and vessel repair service is permitted pursuant to Table 103.15.1, subject to the following standards:

1. Permitted Activities. Vehicle/Vessel repair includes tune ups, oil and fluid changes and similar maintenance work. Vehicle repair also includes the repair or replacement work on the following parts or systems: air conditioning, alternators, brakes, front end alignment, mufflers, radiators, starters, tire alignment and balancing, tire repair and replacement, and window and lock repair and replacement. Vehicle repair does not include steam cleaning engines, paint and body repair and frame repair.
2. Bay Doors. Bay doors shall be oriented to the side or rear of the building, whenever possible.

Vehicle and vessels sales are permitted pursuant to Table 103.15.1, subject to the following standards:

1. In the I-M and MU-M districts, this use shall be limited to the sales and service of vessels.
2. All uses combined shall not exceed the allowable lot coverage under the applicable zoning district.

The following regulations are established for non-motorized food vendor carts, which are small, lightweight, and often mounted on a single-axle (two-wheeled) chassis and mobile food units, which are vehicle mounted and are self-propelled, and designed to be movable from place to place. Sale of products other than food is prohibited.

Mobile vendor food units (MVFU) are permitted pursuant to Table 103.15.1 as of right on developed private property in all commercial and industrial districts with the written consent of the property owner, subject to the following requirements:

1. MVFUs Utilizing Fixed Locations.
   1. Location. Mobile vendor food units shall be placed only on properties with a legally operating permanent business during that business's normal hours of operation and shall comply with the following location criteria:
      1. The mobile vendor food units shall not be located within any required front or street side yard setback; and
      2. The mobile vendor food units shall not interfere with vehicular and pedestrian movement or visibility, block required sight distances, or damage landscaped areas.
      3. Shall be able to provide adequate additional parking spaces so parking spaces required for the host business location are not impacted.
   2. Limited Hours of Operation. An MVFU may only remain at an approved private property location (set out in Subsection 104.62A.1.) for a period not to exceed eight (8) hours in a 24-hour period. A MVFU may be approved to operate at multiple locations during different time periods.
   3. Storage. The food vendor shall remove the mobile vendor food unit from the point of sale or store the unit out of public view at the end of each business day.
   4. Trash Receptacles. The food vendor shall provide receptacles for litter associated with the sales activity. The food vendor shall leave the site in a clean state at the end of each business day.
2. MVFUs Utilizing Public Rights-Of-Way.
   1. The mobile vendor food units may operate within the City of Marathon rights-of-way so long as their activity does not disrupt the normal flow of vehicular traffic.
   2. An MVFU shall not remain at an individual location on the City's rights-of-way for a period longer than 15 minutes.
   3. MVFUs shall only be allowed to operate during daylight hours (dawn to dusk).
   4. While stationary and conducting business, an MVFU shall turn off all music or other amplified noise.
3. Exceptions. No MVFUs may operate at Sombrero Beach or the right-of-way immediately adjacent to Sombrero Beach, more particularly described as the southbound end of Sombrero Beach Road including and between the intersection of Avenida Primiceria and the roundabount, as well as the connected roads Corte Del Brisas, Corte Del Sol, Corte Chica, and Corte De Luna.
4. Additional Permits and licenses. All MVFUs shall obtain all necessary permits, licenses, and inspections required by the Florida Department of Agriculture and Consumer Services, Florida Department of Health, and Florida Department of Business and Professional Regulation, prior to conducting any business approved under this section.

Editor's note(s)—Ord. No. 2012-01, § 2, adopted Jan. 24, 2012, changed the title of § 104.62 from "Vendor carts and mobile food units" to "Mobile vendor food units".

A nonboarding veterinary clinic or hospital is permitted pursuant to Table 103.15.1., subject to the following standards:

1. Soundproofing Required. Any veterinary clinic or hospital with indoor boarding facilities shall be completely enclosed and designed to suppress noise. Noise from the boarded animals at the property line shall be subject to the noise regulations in Chapter 14 of the City Code.
2. Outdoor Areas. Outdoor areas associated with a veterinary clinic or hospital is only permitted if the facility complies with the following:
   1. The facility shall be set back a minimum of 15 feet from any residential zoning district; and
   2. A solid masonry fence is installed, subject to the floodplain management standards of Article 12, Chapter 107, along the property line adjacent to the residential district.

It is the intent of the Council to protect and enhance the City's bodies of water so that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating, and fishing. These uses may be allowed pursuant to Table 103.15.1, subject to the following conditions:

1. Water Access Structures. Water access structures such as walkways and observation platforms, not intended for use as a docking facility, are permitted as an accessory use as limited or conditional uses in all zoning districts, subject to the limitations of Article 4, Chapter 106 and the following standards. If the water access structure is part of a larger project required to undergo conditional use approval then the water access structure shall be included in the conditional use review.
   1. Walkways and access ways landward of mean high water, located in habitat types other than those listed in Subsection 2. below, and that serve nonresidential uses or residential uses of more than three (3) dwelling units shall be no greater than eight (8) feet in width, Such walkways that serve all other uses shall not exceed five (5) feet in width.
   2. Except as provided herein, all structures extending over mangrove, wetlands, or submerged lands shall be pile supported and not exceed four (4) feet in width, but may be up to eight (8) feet wide for structures whose purpose serves an educational and/or research function and which is intended to provide for ADA compliance access.
   3. All structures shall be approximately perpendicular to the shoreline. Through the Special Approval process the City may permit a nonperpendicular walkway.
   4. Such structures shall not be used for docking purposes and shall bear signage indicating "No Mooring of Motorized Vessels".
   5. All structures shall be designed to terminate in water no deeper than six (6) inches at MLW or begin the terminal platform no further than ten (10) feet beyond the waterward extent of mangroves.
   6. All structures shall be designed so that the top of the decking, including the terminal platform, must be elevated at least five (5) feet above MHW, except for a ladder or steps that may be added for swimming access only in the absence of seagrasses or hardbottom communities.
   7. Where a terminal platform is proposed, such platform shall not exceed 160 square feet, inclusive of any steps or ladder. The terminal platform may include a non-enclosed gazebo that does not exceed 100 square feet in area and the highest portion of the roof shall be no more than 12 feet above the decking or terminal platform level. The terminal platform shall be designed and built in such a manner as to deter or restrict the structure for boating use. Such requirements may include, but are not limited to, double railing, no lower landings, ladders, superelevated decks and signage, etc.
2. Docking Facilities. The intent of this section is to address the design and construction of docking facilities extending from land located at or landward of the mean low water (MLW) line. Docking facilities not meeting the definition of a marina are permitted as of right as an accessory use in all zoning districts. Docking facilities meeting the definition of a marina may be allowed as specified in Table 103.14.1, subject to the following criteria:
   1. Generally.
      1. The City, based on the location of natural resources, encourages, and may require, the use of a single mooring facility at apartments, condominiums, zero lot line attached units, and cooperative apartments.
      2. Docking facilities are allowed in all zoning districts. Type of use (principal or accessory), approval process, use restrictions and other standards shall be consistent with the zoning and/or lawful existing use of the applicable adjacent upland riparian property that is the subject of the application for development approval.
      3. No more than one (1) dock structure can be constructed per single-family residential property under common ownership, provided it complies with the other sections of this article and the provisions of Laws of Florida ch. 311.82(1955).
      4. Docks for the joint use of adjacent waterfront property owners may be centered on the extended common property line without being in variance to the setback requirements.
      5. Boat lifts shall not be permitted where the installation of such lifts can reasonably be expected to have an adverse impact on the natural resources in the immediate vicinity of the installation.
      6. No building shall be permitted to be constructed over any wetland or submerged waters. Covered boat lifts without side walls may be permitted.
      7. Multi-family and commercial docks abutting adjacent waterfront single-family residential property must be set back a minimum of 20 feet from the adjacent waterfront residential property line and riparian line. This requirement may be waived by the Director provided that signed statements of no objection from the affected property owners have been submitted.
      8. The permitted structure over water shall not substantially interfere with the riparian rights of other property owners nor substantially obstruct a navigable channel or the navigation rights of other property owners.
      9. Except as provided below, no building, equipment, facility or any other type of structure shall be erected, placed, located, or maintained on a dock that extends above the walking surface of the dock:
         1. Pilings, subject to a maximum height limit of eight and one-half (8 1/2) feet above the highest walking surface of the dock when a piling is attached to a boat dock, in all other cases the maximum height limit for a piling shall be eleven and one-half (11 1/2) feet above the mean high water line.
         2. Benches, guard rails, fish cleaning tables, ladders and equipment lockers which do not exceed a height of four (4) feet above the walking surface of the dock upon which such structures are placed or erected.
         3. Boat lifts adjacent to a boat dock or seawall. No part of the boat lift structure, except boat guides, shall exceed a height of five (5) feet, measured from the highest walking surface of the dock or seawall cap.
         4. Pile-mounted davits which do not exceed a height of eight and one-half (8 1/2) feet, measured from the highest walking surface of the dock.
         5. Covered boat lifts over submerged bottoms containing areas of protected living marine resources are prohibited. The maximum height of a covered boat lift is twenty (20) feet above mean high water, as measured from mean high water to the highest point of the covered boat lift.
   2. Protect Living Marine Resources. Docking facilities shall not terminate over submerged lands which are vegetated with sea grasses or hard bottom communities, except as may be permitted by the FDEP and ACOE. The dock may be lengthened beyond the below minimum water depth standards only enough to allow the terminal platform to not be located over protected living marine resources, subject to the maximum length standards of this section.
   3. Minimum Water Depth. Except as otherwise provided within this Ordinance, the siting of docking facilities shall require minimum minus four (-4) feet mean low water (MLW) depth at the terminal end. Where adequate depth at the terminal end of the dock is not available, the dock may be lengthened only enough to allow the centerline of an average width vessel to lie in four (4) feet of water at MLW, subject to the maximum length standards of this section.
   4. Access to Open Water. The docking facility must have continuous access to open water at depths of minus four (-4) feet or greater over a channel width of 20 feet, or access to open water via a marked, Federal and State approved navigation channel. For the purposes of this requirement, "open water" means the portion of the Straits of Florida, Florida Bay, the Gulf of Mexico or the Atlantic Ocean, which consists of an uninterrupted expanse of water deeper than four (4) feet at MLW and continuous access means a natural passage or an existing man-made channel no shallower than four (4) feet at MLW and no narrower than 20 feet.
   5. Maximum Length and Maintenance of Navigational Access.
      1. The permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located subject to a maximum length of 100 feet waterward from the mean low water line.
      2. The length of docks shall not exceed ten (10%) percent of the width of the water body as measured laterally across the water body from the mean low water line at the proposed dock location to the mean low water line on the opposite shoreline. Where the minimum water depth pursuant to Subsections 3. and 4. of this section cannot be reached, the dock may be lengthened only enough to allow the centerline of the vessel to be located at the required water depth.
      3. Notwithstanding any other part of this section, in no case shall a dock or mooring structure together with a moored vessel preempt more than 25 percent of the navigable portion of a water body thereby creating a significant navigational obstruction.
   6. Dock Orientation and Design.
      1. All docks shall be approximately perpendicular to the shoreline. Through the Special Approval process the City may permit a nonperpendicular walkway where perpendicular designs are not feasible. Any existing bulkhead or bulkhead approved pursuant to Section 106.36 of Chapter 106 may be improved as a parallel dock by attaching a cantilever or pile-supported extension as needed to reach required water depths and comply with all other standards of this article. Any parallel structure shall not exceed eight (8) feet in width.
      2. Where a continuous mangrove fringe exists along the shoreline, a dock with a walkway perpendicular to the shoreline such as "T" or "L" dock may be permitted. Such structures shall be located to provide access through an existing break or existing trimmed area in the mangrove fringe or native shoreline vegetation; however, if no such break exists, a walkway, no more than four (4) feet in width, may be cut through the mangrove fringe or native shoreline vegetation. The terminal platform or shore-parallel end of such a "T" or "L" dock must be located entirely outside the mangrove fringe if navigational standards can be met. If they cannot be met, the terminal platform is restricted to 160 square feet in size and no wider than eight (8) feet and the design shall minimize mangrove trimming or removal.
      3. Pier type docks may be permitted provided that:
         1. Such structures are oriented approximately perpendicular to the shoreline;
         2. Such structures are located in an existing break in the mangroves or shoreline vegetation; however, if no such break exists, a walkway, no more than four (4) feet in width, may be cut through the mangroves or shoreline vegetation;
         3. If proposed, the terminal platform is no wider than eight (8) feet in dimension and does not exceed a total of 160 square feet in area. The terminal platform may include stairways for swimming access provided that all stairways are contained within the square footage allowed for the terminal platform;
         4. Any docking portions extending over water no shallower than four (4) feet at MLW may be supported by floats.
   7. Lighting.
      1. No dusk to dawn lights are allowed. All dock facility lighting must be able to switch off or on by motion detector, or be activated by a three-way switch.
      2. Lights limited to one (1) on the terminal platform and one (1) on the landward end of the dock or pier, and one (1) every 100 feet between the terminal platform and the landward end of the dock, except where a hardship exists.
      3. All lights must be downward directed and have adequate shielding to prevent light trespass and minimize light pollution from light scatter.
      4. The type and location of lighting fixtures must be included on the diagram of the dock or pier and submitted with permit application.
      5. All docks shall have amber colored night time reflectors set at a minimum of one (1) at each side in the middle and one (1) at each side of the terminal end.
      6. Lighting shall not exceed a height of six (6) feet, measured from the highest walking surface of the dock for the Protection of Sea Turtles.
   8. Navigation Hazard Reductions. All docks with boat lifts, davits or similar lifting mechanisms shall provide cleats, rings, or similar features that can be used to tie down the vessel when it is out of the water in order to stabilize the vessel during high wind.
      1. Other Agency Permits Required. All applicable federal, state and water management district permits are received before the issuance of a building permit.
      2. Impact on Natural Systems. A dock shall not be detrimental to the continued functioning of natural systems, including aquatic vegetation.
      3. Removal of Regulated Trees. Removal of regulated trees, shall comply with Article 2, Trees and Native Vegetation, of Chapter 106, and shall be the minimum necessary to facilitate construction of a dock.
      4. Marine Turtle Nesting Area Special Requirements. No development other than pile supported docks and walkways designed to minimize adverse impacts on marine turtles shall be allowed within 50 feet of any portion of any beach berm complex which is known to be or is potential nesting area for marine turtles.
         1. The 50-foot setback shall be measured from either the landward toe of the most landward beach berm or from 50 feet landward of MHW, whichever results in the greater setback distance, but the maximum total setback shall be 100 feet from MHW.
         2. Within known or potential nesting areas for marine turtles, as determined by the City Biologist, the U.S. Fish and Wildlife Service, and/or other appropriate agencies, the City Biologist may, in cooperation with other appropriate agencies, determine that specific segments of shorelines have been previously, lawfully altered to such a degree that suitable nesting habitat for marine turtles is not longer present. In such case, the City Biologist in cooperation with the FDEP may recommend reasonable measures to restore the nesting habitat. If such measure is not feasible, the specific requirements of this subsection do not apply. Restoration of suitable nesting habitat shall be required for unlawfully altered beaches.
         3. Any such dock or walkway shall be designed to the following criteria to minimize adverse impacts on marine turtles.
            1. The structure shall have a minimum horizontal distance of four (4) feet between pilings or other upright members.
            2. The structure shall have a minimum clearance of two (2) feet above grade.
            3. If stairs or a ramp with less than the minimum two (2) feet clearance above grade is required, such stairs or ramp shall be enclosed with vertical barriers no more than two (2) inches apart.
            4. All outdoor and indoor artificial lighting complies with applicable sections of the City Code, Protection of Sea Turtles.
   9. Special Exceptions and Approvals. A special approval may be granted for variances to the standards in Subsections 5. and 6. only of this Section subject to the following guidelines and procedures:
      1. The City Manager or his designee may approve exceptions to the standards in Subsection B.5. "Maximum Length and Maintenance of Navigational Access" subject to the following limitations and required findings:
         1. A dock length exceeding the standards in Subsection (e) of this Section may only be approved for the purpose of complying with minimum water depth requirements of Subsection (c) of this Section;
         2. In no case shall any dock be approved that violates Subsection B.5. of this Section that prohibits significant obstruction of navigational access;
         3. Exceptions shall not be available for properties on beaches that serve as potential or known marine turtle nesting habitat, including, but not limited to; the oceanfront shoreline of Grassy Key;
         4. Such special exceptions shall only be granted based on a written determination that, among other criteria, the proposed dock will not be inconsistent with community character, will not interfere with public recreational uses in or on adjacent waters, and will pose no navigational or safety hazard;
         5. At least 30 calendar days prior to the issuance of a City permit under such a special exception, the City Manager shall ensure that shoreline property owners within 300 feet of the subject parcel are notified by regular mail of the proposed special exception in order to allow an opportunity for appeal.
   10. After-the-Fact Dock Permits. Any person who undertakes to construct a dock without obtaining the required permit from the City shall have 30 days from the date of written notice from the City to file an application for an after-the-fact permit, or to remove the unpermitted structure. Such after-the-fact application must comply with all the terms and conditions of this article.
   11. Disrepaired or Dilapidated Docks. If any dock constructed under this article or continued in existence under this article falls into disrepair so as to become a dangerous structure involving risks to the safety and well-being of the community or individual members thereof, such structure must either be removed or repaired so as to conform with the requirements of this article. Upon determination by the City or its designated representative that any dock has become a dangerous structure, written notice thereof shall be given by registered/certified mail or personal service to the owner of record of the riparian upland property. Such party so informed shall have 30 days from the date of the notice within which to secure the area and respond to the City indicating the intent regarding the dilapidated structure. Such party shall have an additional 60 days to remove the structure or apply for a permit to repair such structure to conform to the requirements of this article. The entire structure must be brought into conformance with the requirements of this article.
   12. Application Information.
       1. All applications under this article are to be filed in accordance with Article 2, Chapter 102, "Common Development Application Elements". Processing fees shall be paid at the time of application.
       2. Prior to the issuance of a permit under this article, the applicant must show that the proposed activity is consistent with the City Comprehensive Plan.
       3. Prior to a final determination on an application under this article, the applicant may be requested to supply any other information necessary to promote a thorough review of a permit application.
       4. All applications under this article must include a statement outlining the intended use of the project facility.
   13. Single-Family Dock Application Information.
       1. Adequate water depth at the slip and to navigable waters must be evidenced on applications for the expansion of existing dock facilities or the creation of new dock facilities.
       2. In addition to the requirements of Article 2, Chapter 102, "Common Development Application Elements", the following information is required for applications for single family dock permits:
          1. The application form adopted by the City, properly filled out and signed.
          2. A detailed statement describing the upland land use and activities.
          3. Satisfactory evidence of title or extent of interest of the applicant to the riparian upland ownership or submerged ownership with a copy of the trustee's deed in chain of title.
          4. A copy of the State Department of Environmental Protection permit or South Florida Water Management District permit, where applicable.
          5. A copy of the U.S. Army Corps of Engineers permit, where applicable.
          6. An affidavit attesting to the dates any existing structures were built, and a copy of any prior authorization or permit for the structures, where applicable.
          7. Permit sketches clearly depicting the proposed project. The sketches and application package must include the following:
             1. Drawings of the proposed project drawn to an appropriate scale showing plan view and representative cross section view(s).
             2. The drawings must clearly show the following:
                1. Name of waterway.
                2. North arrow and graphic scale.
                3. Existing shoreline, and the apparent mean high water line.
                4. Sufficient water depths in the affected areas.
                5. Locations of existing structures.
                6. Linear footage of riparian shoreline.
                7. All drawings and legal descriptions pertaining to proof of ownership submitted as part of an application for a permit from the City must contain the required signature and seal of a registered professional land surveyor in accordance with Fla. Stat. 472.031(1).
                8. Location of the proposed activity, including half section, township, range, affected water body, vicinity map, and legal description (lot, block and subchapter or parcel real estate number.
   14. Multi-Family Dock Application Information. The following information is required for applications for multi-family docks:
       1. All information required for single-family docks.
       2. Except for applications for tie piling and previously approved lifts, all applications for multi-family docks shall have the signature and seal of a state registered professional engineer affixed to the plans submitted for approval.
       3. Information shall be submitted, prepared by a state registered civil engineer, attesting to the fact that adequate flushing exists and that the project will not cause stagnation or water quality degradation.
       4. The following additional information is required:
          1. A detailed statement describing the proposed activity and how it affects the Waters of the City.
          2. A completed copy of the disclosure form provided by the City.
   15. Commercial Dock Application Information. The following information is required for applications for commercial docks. If the commercial dock meets the definition of a marina, standards for marinas shall apply:
       1. All information required for single-family docks and multi-family docks.
       2. An approved hurricane preparedness plan.
       3. Any other information deemed necessary by the Director to meet the criteria of this article.
   16. Minimum Construction Specifications. All waterfront construction such as docks, piers, seawalls, or revetments shall be planned and designed by a professional engineer in accordance with the LDRs and the applicable standards of the City.

The intent of this section is to address the design and construction of single-family mooring facilities that are designed to secure a vessel via a device attached to submerged lands at or waterward of the mean low water (MLW) line with no device or structural access extending to or from land above the MLW line.

1. One mooring facility per single-family residence is allowed only for the purpose of storing a recreational vessel, or a commercial vessel where permitted by the zoning district. In no case shall a live-aboard vessel be moored at a single-family or other residential mooring site.
2. The mooring facility must be an accessory use associated with an upland property with an existing legal single-family development and must be located within the riparian shoreline boundaries of the corresponding upland property boundaries. Any proposal for two (2) or more mooring facilities will be reviewed as a mooring field under the marina siting criteria and applicable standards of this Code.
3. Only seaworthy vessels may be moored at a single-family mooring site. Derelict vessels, floating docks, floating platforms and other such structures are prohibited.
4. The minimum water depth at a mooring site shall be minus four (-4) feet MLW.
5. Access to Open Water. The mooring site must have continuous access to open water at depths of minus four (-4) feet or greater over a channel width of 20 feet, or access to open water via a marked, Federal and State approved navigation channel. For the purposes of this requirement, "open water" means the portion of the Straits of Florida, Florida Bay, the Gulf of Mexico or the Atlantic Ocean, which consists of an uninterrupted expanse of water deeper than four (4) feet at MLW and continuous access means a natural passage or an existing man-made channel no shallower than four (4) feet at MLW and no narrower than 20 feet.
6. Mooring sites shall not block or hinder navigation through canals or channels or other routes of traditional or regular navigational access.
7. Mooring devices shall be installed using low-impact techniques which minimize alteration of bottom topography and sediments.
8. State and federal permits, including any required bay bottom lease approvals are required for construction of mooring sites prior to issuance of a City permit.

Wireless Services facilities may be allowed pursuant to Table 103.15, subject to the following conditions:

1. Purpose and Intent. The purpose and intent of this section is to:
   1. Regulate the placement, construction and modification of new Wireless Communications Towers and Facilities without unreasonably discriminating among providers of functionally equivalent personal wireless services or prohibiting personal wireless services in the City;
   2. Encourage the Collocation of Antennas, Ancillary Structures and associated Equipment Enclosures on existing Wireless Communications Towers in order to minimize the visual, aesthetic, public safety, natural environment and wildlife impacts of new Towers, and to reduce the need for additional Towers within the City;
   3. Encourage the placement of Antennas, Ancillary Structures and Equipment Enclosures on existing buildings in order to minimize the visual, aesthetic, public safety, natural environment and wildlife impacts of new Towers, and to reduce the need for additional Towers within the City;
   4. Encourage the Replacement of existing Wireless Communications Facilities through the use of Collocation; and
   5. Minimize the visual, environmental and safety impacts of new Wireless Communications Facilities to the City by establishing standards for their location and structural integrity, in light of the location of the City within a high velocity hurricane zone to ensure compatibility with surrounding land uses and preservation of the City's community character.
2. Applicability. This chapter shall apply to the installation, construction, or modification of the following Wireless Communications Facilities:
   1. Existing Towers;
   2. Proposed Towers;
   3. Replacement of Existing Towers;
   4. Collocation;
   5. Attached Wireless Communications facilities;
   6. Stealth Wireless Communications facilities; and
   7. Satellite Earth Stations;
3. Exemptions. The following items are exempt from the provisions of this section:
   1. Amateur radio Antennas as provided by federal law;
   2. The installation of satellite television or microwave receiving Antennas that do not exceed 40 inches in diameter provided that the Antenna is attached to a building used for a residential or commercial use or placed no more than 24 inches above finished grade;
   3. Routine maintenance for any existing Wireless Communications facility;
   4. The substitution or change of existing Antennas or other equipment on an Existing Tower provided the substituted Antennas or equipment does not diminish the structural capacity of the Tower, and provided such change does not increase the overall height of the structure; and
   5. City-owned towers.
4. Specification of Land Use Classifications. The placement of Wireless Communications Facilities shall be in accordance with Table 103.15.1 of the LDRs.
5. Concept Meeting.
   1. A concept meeting is required for any proposed Tower, Replacement Tower, Stealth Wireless Communications Facility, or Satellite Earth Station.
   2. At the time a concept meeting is held, the applicant shall demonstrate that the following notice was mailed (via certified mail) to all interested parties, including other Wireless Communications Service Providers licensed to provide service within Monroe County as indicated on the list of wireless service providers and interested parties provided by the City of Marathon Planning Department (the "Planning Department"):
      
      "Pursuant to the requirements of the City of Marathon Land Development Regulations, (name of provider) is hereby providing you with notice of our intent to meet with the Planning Department in a concept meeting to discuss the location of a Wireless Communications Facility that would be located at _______(location)_______. In general, we plan to construct a support structure of _______ feet in height for the purpose of providing _______ (type of wireless service) _______. Please inform us and the Planning Department if you have any desire for placing additional wireless facilities or equipment within _______ miles of our proposed facility. Please provide us with this information within ten (10) business days' after the date of this letter. Your cooperation is sincerely appreciated.
      
      Sincerely, _______(pre-application applicant, wireless provider)"_______;
   3. Pursuant to all items agreed upon during the Concept Meeting, including, but not limited to, the exact amount of additional providers to be accommodated on the proposed Wireless Communications Facility, shall be recorded in the letter of understanding resulting from the conference; and
   4. The City Manager or designee shall determine during the concept meeting the specific location(s) from which photo-simulated post construction renderings of the proposed Wireless Communications Facility shall be submitted with the application for a development permit from the City.
6. Development Standards. The following minimum standards shall apply to Wireless Communications facilities:
   1. Basic submittal requirements for all Wireless Communication Facilities.
      1. A completed application form and any appropriate application fees.
      2. Three (3) sets of signed and sealed site plans indicating all new proposed structures.
      3. A property card for the subject property from the Monroe County Property Appraiser's Office or a Recorded Warranty Deed showing the ownership of the subject parcel.
      4. A signed lease agreement between the property owner and the owner of the Wireless Communication Facility if different than the property owner, and when applicable, a copy of the lease or sublease between the owner of a Wireless Communications Facility and an applicant seeking to collocate additional wireless equipment on the structure. Clauses related to lease term or rent may be deleted or censored.
      5. A stamped or sealed structural analysis of the proposed Wireless Communications Facility prepared by an engineer licensed by the State of Florida indicating the proposed and future loading capacity of the facility including a statement by said engineer that the facility is structurally sound and conforms to the applicable codes, including the standards set forth in this Chapter.
      6. An affidavit and supporting technical documentary evidence from a qualified Radio Frequency Engineer stating:
         1. That the radio frequency emissions comply with FCC standards for such emissions.
         2. That the construction and placement of the Wireless Communications Facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non-residential properties.
         3. The technical need for the proposed Facility.
         4. Proof of an FCC license to transmit and receive radio signals in Monroe County.
      7. The following are additional submittal requirements for all New, Replacement or Stealth Towers and Satellite Earth Station facilities:
         1. One (1) original and two (2) copies of a sealed land survey of the parent parcel(s) showing all existing uses, structures, and improvements.
         2. The required affidavit and supporting technical documentary evidence from a qualified Radio Frequency Engineer must additionally include:
            1. That the height of the proposed Wireless Communications Facility is the minimum necessary.
            2. Why an alternate Wireless Communications Facility such as Stealth or Attached, in accordance with the hierarchy established within this section of the LDRs could not be used.
            3. The Geographic Search Area of the proposed Facilities.
            4. A technical analysis demonstrating why none of the existing Wireless Communications Facilities located within the applicant's Geographic Search Area can accommodate the applicant's proposed Wireless Communications Facility. The analysis shall be based upon the applicant's radio frequency engineering requirements; antenna height requirements, structural support requirements, ground space requirements for associated Ancillary Structures and Equipment Enclosures and capacity for Collocation on the existing Facilities and available technology.
            5. A description of the technological design plan proposed by the applicant demonstrating why design alternatives to the proposed Wireless Communications Facility, such as microcell design, cannot be utilized to accomplish the provision of the applicant's proposed telecommunications services.
            6. Documentation of the efforts made by the applicant to install or to collocate the applicant's proposed Wireless Communications Facility on an Existing Tower.
         3. The required three (3) sets of signed and sealed site plans must additionally indicate the:
            1. Development Area;
            2. Fall Zone;
            3. All proposed new development including fencing;
            4. Stormwater Management Calculations for all new impervious surfaces, including the dimensions and locations of swales or berms;
            5. Landscaping bufferyards and planting lists;
            6. Open Space calculations.
         4. Photographs of the proposed development site and if applicable, three (3) copies of a vegetation survey or Habitat Evaluation Index (HEI) and Transplantation Plan.
         5. Photo-simulated post construction renderings of the proposed development as determined during the pre-application conference.
         6. A signed statement from the Tower owner, and the property owner if different from the Tower owner, agreeing to allow the Collocation of other wireless equipment on the proposed Tower.
         7. A coordination letter from the United States Fish and Wildlife Service (USFWS) indicating that the proposed Tower and Ancillary Structures will have no significant adverse impact upon wildlife including, but not limited to, migratory birds. Should the USFWS require mitigation, the mitigation strategy agreed upon by the applicant and the USFWS must be submitted to the City prior to issuance of the development permit from the City.
         8. An inventory and map indicating all existing structures within the Geographic Search Area, which can accommodate collocation of the proposed structures or equipment.
         9. Proof of FAA compliance with Subpart C of the Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace, must be submitted for all New, Replacement or Stealth Tower facilities.
7. Approval Criteria. The following approval criteria apply to all Wireless Communications Facilities:
   1. Radio Frequency Emissions. The Radio Frequency Emissions shall comply with FCC standards for such emissions.
   2. Open Space. Pursuant to City LDRs, the development proposal shall be required to meet the open space ratio required for the land use district or the habitat where they are located. For the purposes of this Chapter the following shall be used to calculate open space:
      1. The area beneath all Equipment Enclosures; plus
      2. The area of the Wireless Communications Facility foundation at or above grade; plus
      3. The area beneath Ancillary Structures excluding that area which is beneath guy wires (if applicable); plus
      4. The area inside a lattice type structure framework.
   3. Security. Fencing, in accordance with Chapter 107, Article 10 of the LDRs, and Anti-climbing Devices shall be required to preserve security on Wireless Communications Facilities.
      
   4. Structural Integrity. The entire Wireless Communications Facility and all appurtenances shall be designed pursuant to the most current wind speed design requirements as set forth in the applicable building code. Any Collocation of an antenna on an existing tower shall not impair the tower's ability to maintain the most current wind speed design requirements as set forth in the applicable building code.
   5. Landscaping. Landscaping and or screening in the form of at least a medium bufferyard pursuant to Chapter 107, Article 8 of the City LDRs shall be required around the Development Area for all new towers and Earth Satellite Stations. Landscaping and or screening in the form of at least medium bufferyard pursuant to the City LDRs shall be installed around the development area to the maximum extent practicable for any Replacement Tower. Landscaping or screening requirements for a Stealth Tower shall be at the discretion of the City Manager or for a Stealth Tower.
8. Additional Criteria. In addition to the provisions above, for all New, Replacement or Stealth Towers and Satellite Earth Stations the following conditions apply:
   1. Structural Integrity. The new tower shall be designed to ensure that in the event of a structural failure or natural disaster, the tower shall collapse in a limited, defined fall zone.
   2. Structural Capacity. The new tower shall be designed to accommodate the maximum number of providers whose antenna(e) can be collocated on the Tower and whose equipment enclosures can be accommodated in the subject parcel.
   3. Lighting. Except at the discretion of the City Manager or designee, any new Tower shall not have lighting higher than 20 feet above the ground unless required by the FAA or the FCC. Communication towers shall not be artificially lighted unless required by the FAA or any other authority with jurisdiction. If lighting is required, strobe lighting shall be utilized during daylight hours only and red lighting shall be utilized at night unless another form of lighting is required by the FAA or any other authority with jurisdiction.
   4. Aesthetics. A new or replacement tower that is not regulated in appearance by the FAA shall maintain a galvanized gray finish or other accepted contextual or compatible color approved by the City Manager. No stealth facility, whether fully enclosed within a building or otherwise, shall have Antennas, Antenna Arrays, transmission lines, Equipment Enclosures or other ancillary equipment which is readily identifiable from the public right-of-way as wireless communications equipment. Satellite Earth Stations shall maintain contextual or compatible color(s) as determined by the City Manager or designee so as to maintain compatibility with surrounding land uses.
   5. Compatibility with Community Character. The Communications Facility shall be compatible consistent with the community character of the immediate vicinity, and shall minimize adverse effects including visual impacts on adjacent properties. Where a Wireless Communications Facility is allowed as of right, compatibility shall be presumed unless the City can demonstrate otherwise. The following attributes shall be considered from vantage points within one (1) mile of the base of the proposed of Tower and from 300 feet from the base of a Satellite Earth Station:
      1. Height;
      2. Mass and scale;
      3. Materials and color; and
      4. Illumination.
   6. An attached Wireless Communications Facility shall only be attached to a commercial retail or office, industrial, hotel, multifamily, institutional, or public building of at least 35 feet in height.
   7. The following height criteria applies to Wireless Communications Facilities:
      1. A New, Replacement or Stealth Tower shall not exceed 250 feet in height. In addition to the height limitations included in use regulations governing "Airports" within this chapter, the overall height of a tower located in the vicinity of a public or private airport shall be limited by the following:
         1. A 35:1 Glide Path ratio in the Horizontal Zone limiting the height of a Tower to 150 feet within one (1) statutory mile (5,280 feet) from the edge of the private airport Primary Surface.
         2. A 12:1 Glide Path ratio in the Conical Zone limiting the height of a Tower to 600 feet within one (1) statutory mile (5,280 feet) from the edge of the Horizontal Zone.
         3. Any Collocation of an antenna on an Existing Tower shall not increase the overall height of the Tower.
         4. For Attached Facilities, any Antenna, Antenna Array, attachment device, Ancillary Structure equipment or Equipment Enclosure shall not exceed the highest point of the building by more than 20 feet.
         5. The maximum height for any portion of a Satellite Earth Station is 35 feet. If any portion projects over 35 feet as measured from the existing grade, the Wireless Communications Facility shall be reviewed under all provisions of the Code applicable to a New Tower Facility.
   8. The following setback criteria apply to Wireless Communications Facilities:
      1. All new Towers, Stealth Towers and Satellite Earth Stations and their Equipment Enclosures and associated Ancillary Structures shall meet the minimum setback requirements for the land use district where they are located pursuant to Table 103.15.2 of the City LDRs or meet the environment setback criteria established for shorelines, wetlands or Marine Turtle nesting habitat where applicable. Notwithstanding these setback requirements, the Tower or Dish Satellite Earth Station structure shall be located so that the Fall Zone is located entirely within the boundaries of the subject parcel.
      2. All Replacement Towers and their Equipment Enclosures and associated Ancillary Structures and those for Collocation antennas shall meet the minimum setback requirements listed above to the maximum extent practicable. Replacement Tower foundations shall not be any closer to the property lines than the foundation of the original Tower being replaced.
      3. All Attached Antenna or Antenna Arrays, Equipment Enclosures and ancillary equipment placed on the roof of a building shall be as close to the center of the roof as is feasible in light of any engineering limitations of the building, unless the Attached Wireless Communications Facility is camouflaged, screened, or painted so as to blend in with the building where it is located.
9. Liability Insurance. A holder of a permit for Wireless Communications Facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the permit in amounts as set forth below:
   1. Commercial General Liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate.
   2. Automobile Coverage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate.
   3. Workers Compensation and Disability: Statutory amounts.
   4. The Commercial General liability insurance policy shall specifically include the City and its officers, employees, committee members, attorneys, agents and consultants as additional named insured.
   5. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least A.
   6. The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days prior written notice in advance of the cancellation of the insurance.
   7. Renewal or replacement policies or certificates shall be delivered to the City at least 15 days before the expiration of the insurance which such policies are to renew or replace.
   8. Before construction of a permitted Wireless Communications Facilities is initiated, but in no case later than 15 days after the grant of the permit, the holder of the permit shall deliver to the City a copy of the each of the policies or certificates representing the insurance in the required amounts.
10. Hierarchy. In addition to all other development requirements, a hierarchy shall be utilized to determine the approval or denial of an application for a particular development permit under this Chapter. Any application under this Chapter may be denied if a feasible alternative that is higher on the hierarchy is available. The hierarchy shall be in descending order as follows:
    1. Collocation;
    2. Attached Wireless Communications Facility;
    3. Replacement Tower;
    4. Stealth Wireless Communications Facility; and
    5. New Tower or Satellite Earth Station.
11. Abandoned Wireless Communications Facilities.
    1. If the use of a Wireless Communications Facility is discontinued, the property owner or Provider shall provide written notice to the City of its intent to discontinue the use and the effective date of such discontinuance.
    2. In the event the use of a Wireless Communications Facility has been discontinued for a period of 180 days whether voluntarily, involuntarily, or upon revocation of the development permit or the biennial report required within this Section of the Code if not filed, the Facility shall be deemed to be abandoned. Upon receipt of a notice of discontinuation specified in Subsection (a) or upon abandonment under Subsection (b), the City Manager or designee shall provide the property owner with written notice of an abandonment determination by certified mail.
    3. The property owner shall have 120 days from receipt of the notice to: (i) reactivate the use of the Wireless Communications Facility; (ii) transfer the Wireless Communications Facility to another owner who makes actual use of the facility within the 120 day period; or (iii) dismantle and remove the Wireless Communications Facility.
12. Inspections.
    1. The City Manager or designee shall require annual inspections of Wireless Communications Facilities every two (2) years to ensure structural and electrical integrity and compliance with the applicable City Codes. Based upon the results of the inspection, the City may make impose additional requirements such as, but not limited to; additional landscaping, stormwater retention, repair or removal of structures or the Wireless Communications Facility.
    2. The owner(s) of Wireless Communications Facilities shall submit a report to the City performed by an engineer licensed by the State of Florida certifying structural and electrical integrity every two (2) years. The report shall be accompanied by a nonrefundable fee of $200.00 to reimburse the City for the cost of review.
13. Temporary Towers.
    1. The City Manager may authorize the issuance of a permit for a temporary Wireless Communications Facility in order for a Provider to provide services when an existing Facility has been damaged in a declared emergency or when a development permit has been issued under this Chapter during the construction of the Facility.
    2. The location of the temporary Wireless Communications Facility and the duration of the permit shall be determined by the City Manager; however, no permit shall extend beyond 90 days.
    3. The City Manager shall determine minimum insurance and bonding requirements for temporary facilities as a condition of issuance of the permit.
    4. Temporary Facilities may be permitted at the discretion of the City Manager for a public assembly as part of a Public Assembly permit issued under the Code. A permit issued under this Subsection shall not exceed the duration of the public assembly permits.
14. Expert Review.
    1. The City Manager or designee may require a technical review of the application by applicable independent experts, which may include an engineer, a Radio Frequency Engineer, and a planner. The technical review shall address the following:
       1. The accuracy and completeness of the required submissions;
       2. The applicability of analysis, techniques and methodologies;
       3. The validity of the analysis submitted by the Applicant's Radio Frequency Engineer as to the technical needs of the Provider to locate the Facilities in the particular Geographic Search Area and the inability to locate on existing Facilities;
       4. Whether the proposed Wireless Communications Facility complies with the applicable approval criteria set forth in this Chapter; and
       5. Other matters deemed by the City Manager or designee to be relevant to determining whether a proposed Wireless Communications Facility complies with the provisions of this Chapter.
    2. Based on the results of the technical review, the City Manager or designee may require changes to the applicant's application or additional submittals.
    3. The cost to the City for the expert's technical review shall be paid by the applicant. At the applicant's option, the applicant may request an expedited review. Any additional costs associated with the expedited review shall also be paid by the applicant. The applicant shall reimburse the City within five (5) working days of the date of receipt of an invoice for expenses associated with the expert's review of the application. Failure by the applicant to make reimbursement pursuant to this Section shall abate further review of the application until the reimbursement is paid in full to the City.
15. Equipment Enclosures. Equipment Enclosures shall comply with the minimum bulk and height requirements of the applicable zoning district where such buildings are situated.
    1. An Equipment Enclosure shall be considered a permanent structure, shall be unmanned, and shall not exceed 500 square feet in size. Multiple Equipment Enclosures may be permitted on a Development Area; provided, however, that the total aggregate square footage of such Equipment Enclosures shall not exceed 1,000 square feet unless a Radio Frequency Engineer determines by technical review of the Code that additional square footage is required.
    2. Mobile or immobile equipment, construction materials or vehicles not used in direct support of a Wireless Communications Facility shall not be stored or parked on the site, unless repairs to the Wireless Communications Facility are being made.
16. Variances for Wireless Communications Facilities.
    1. A variance to this Chapter shall be submitted to the City in accordance with the submittal requirements and review process set forth in Chapter 102, Article 20 of the LDRs.
    2. When considering an application for a variance from the standards of this chapter, the following shall be the exclusive factors considered:
       1. Whether failure to grant the variance would prohibit or have the effect of prohibiting the provision of personal Wireless Communications Services by the applicant;
       2. Whether failure to grant the variance would unreasonably discriminate among providers of functionally equivalent personal Wireless Communications Services;
       3. Physical characteristics of the proposed Wireless Communications Facility for which the variance is requested;
       4. The importance to the community of the Wireless Communications Services to be provided if the proposed variance is granted;
       5. The compatibility of the proposed variance with adjacent land uses, the visual impact of the scale of the Facilities on adjacent properties, and the availability of alternative sites and technologies in light of existing permitted development in the area;
       6. Whether granting of the proposed variance will obviate the need for additional new Wireless Communications Facilities due to increased Collocation opportunities that would not be possible if the variance were not granted; and
       7. Whether granting of the proposed variance is necessary to ensure adequate public safety and emergency management communications. A variance may be granted under this Section exclusively for the following approval criteria set forth in this Chapter:
          1. Setbacks;
          2. Landscaping;
          3. Height; and
          4. Environmental Design Criteria.
17. Administrative Deviations.
    1. Notwithstanding the provisions of Article 20 "Variance", Chapter 102 of the LDRs, the City Manager or designee may approve a minor deviation from any development approval granted pursuant to this chapter, provided the deviation does not affect the safety of the Wireless Communications Facility.
    2. A minor deviation shall not exceed ten (10%) percent of the applicable requirement, and may be granted exclusively for the following development criteria of this Chapter:
       1. Location: A minor deviation allowing the relocation of the Antennae and its supporting structure, including a Tower, Equipment Enclosure, and Ancillary Structures up to ten (10%) percent of the distance shown on the approved site plan, or 25 feet, whichever is less. In no event, shall the relocation of the Antennae and its supporting structure, including a Tower, Equipment Enclosure, and Ancillary Structures result in an encroachment into the setbacks established in this Chapter;
       2. Development Area;
       3. Landscaping; and
       4. Height: A minor deviation for height of up to ten (10%) percent of the approved plan, not to exceed an overall height of 250 feet, may be approved if technical evidence is submitted justifying to request.
    3. Any deviation in excess of that authorized by this chapter shall be subject to the requirements of Article 20 "Variance", Chapter 102, of the LDRs.
18. Nonconforming Wireless Communications Facilities.
    1. All Wireless Communications Facilities which do not meet the requirements of this Chapter, existing as of the effective date of this Chapter shall be considered nonconforming uses and structures under Article 2 "Nonconforming Structures, Chapter 108.
    2. Notwithstanding the provisions of Subsection H.7.(a), the Replacement of, Collocation or the addition of Equipment Enclosures on an existing Wireless Communications Facility as provided in this section shall not be considered an expansion of a nonconforming structure.
19. Application Denial.
    1. Denial of any application shall be in writing and include written findings of fact.
    2. In addition to any other grounds for denial, any application under this Chapter may be denied to the extent necessary to preserve a prehistoric or historic district or site, building, structure or object included in or eligible for inclusion on the National Register of Historic Places.