(A)

Reserved.

(A)

Reserved.

(A)

Location restricted.

1.

Definitions. As used in this section:

a.

Adult bookstore: Any establishment.

i.

Which advertises itself as, or designates itself as, an adult, X-rated or "sex" related store or establishment; or

ii.

Where twenty-five (25) per cent or more of the stock of videos, tapes, films, magazines, aids, toys, clothing, games, etc. or any other objects or depictions of whatever nature are designated, advertised, or otherwise indicated to be X-rated, adult related, or of a sex theme.

iii.

An adult bookstore shall also be defined as any establishment described in subsection (b) which has less than twenty-five (25) per cent of the articles described in subsection (b), but which does not keep said articles in a separate area wherein no access is granted to minors.

b.

Adult theatre: Any enclosed building, or any area or section within any enclosed building, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or " specified anatomical areas", as defined herein, for observation by patrons therein.

c.

Specified anatomical areas is defined as:

i.

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock;

c.

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

ii.

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

d.

Specified sexual activities is defined as:

i.

Human genitals in a state of sexual stimulation or arousal;

ii.

Acts of human masturbation, sexual intercourse or sodomy; and

iii.

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

e.

Alcoholic beverage means all beverages containing more than one (1) per cent of alcohol by weight.

f.

Place of Assembly: An establishment providing a place for persons to gather together for a common purpose in a meeting, recreational, religious or social facility. This definition shall include, but is not limited to auditoriums, private clubs and lodges, community centers, clubhouses, theaters, and places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs.

2.

Applicability. Adult book stores or establishments, and adult theatres may be located only in commercial and industrial zones of the City of Margate, pursuant to all provisions contained in this section.

3.

Opacity. All adult establishments shall be opaque on all sides and no depiction of adult themes may be represented which is visible from the outside of said establishment.

4.

Distance between establishments. No adult bookstore or adult theatre shall be located within one thousand (1,000) feet, to be measured from front door to front door of said establishment by airline route, of an existing adult bookstore or adult theatre located within or outside the corporate limits of the City of Margate.

5.

Distance from Place of Assembly, child care facility, or school. No adult bookstore or adult theatre shall be located within one thousand (1,000) feet of any established Place of Assembly, child care facility, or school located within or outside the corporate limits of the City of Margate, measured from the front door of the adult bookstore or adult theatre to the nearest point of the place of assembly, child care facility or school property used as a part of such facility measured along public thoroughfares by airline measurement.

6.

Distance from alcoholic beverage establishment. No adult bookstore or adult theater shall be located within one thousand (1,000) feet, measured from the front door of the adult bookstore or adult theatre or property used as a part of such facility measured along public thoroughfares by airline measurement, of an existing establishment which sells alcoholic beverages for consumption on premises located within or outside the corporate limits of the City of Margate.

7.

Distance from residential district. No adult bookstore or adult theatre shall be located within one thousand (1,000) feet airline measurement from any residentially zoned district. For the purposes of this subsection, distances shall be measured from the nearest property line of the premises to the nearest boundary of a residentially zoned district.

8.

Application to new Places of Assembly or schools. Where an adult bookstore or adult theatre is located in conformity with the provisions of this section, the subsequent location of a Place of Assembly or school in the proximity of such existing establishment shall not be construed to cause such establishment to be in violation of this section nor to cause such establishment to be deemed a nonconforming use.

9.

Existing establishments. The provisions of this section shall not be construed to be retroactive, and any existing adult bookstore or adult theatre which conformed to the regulations in effect when such establishment was established shall not be rendered illegal or in violation through the adoption of these regulations.

(B)

Nude or semi-nude entertainment.

1.

Definitions. The following definitions shall apply in this section:

a.

Advertisement means a display, notice or other information designed to attract public attention, including, but not limited to, handbills, signs, billboards, soundtracks, placards, signboards and written notices.

b.

Alcoholic beverages means all beverages containing more than one (1) per cent of alcohol by weight, including beer and wine.

c.

City commission means the city commission of the City of Margate, Florida.

d.

Commercial means operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license local business tax receipt. For purposes of this section, operating for pecuniary gain shall not depend on actual profit or loss.

e.

Establishment means a physical plant or location, or the commercial activities or operations being conducted, or both together, as the context of this section may require.

f.

Nude or semi-nude entertainment consists of the following:

i.

The actual or simulated displaying of the genitals, pubic area, buttocks, anus or anal cleft or cleavage.

ii.

The actual or simulated displaying by a female of her nipple, areola or any portion thereof, or any portion of her breast directly below the areola.

g.

Person means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, government officials, government entities and all other groups or combinations.

h.

Premises means a physical plant or location, which is enclosed by walls or any other enclosing structural device, or which is covered by a single roof or with a single shared entrance, if not covered by a single roof, and shall include any structure, structures or land, or contiguous structures or land, within three hundred (300) feet of the physical plant or location where such structures or land and the physical plant or location are under common ownership, control or possession.

i.

Areola means the darkening ring surrounding the nipple of a female breast.

2.

Prohibitions:

a.

It shall be unlawful for any person to engage in nude or semi-nude entertainment in any commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises.

b.

It shall be unlawful for any female person, while on the premises of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to expose to public view her nipple, areola or any portion thereof, or any portion of her breast directly below the areola or to employ any device or covering which is intended to give the appearance of or simulate such areas of the female breast as described herein.

c.

It shall be unlawful for any person while on the premises of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises, to expose to public view his or her genitals, pubic areas, buttocks, anus or anal cleft or cleavage or employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage.

d.

It shall be unlawful for any entertainer, performer, or employee, while on the premises of a commercial establishment regulated under this section, to dance in such a manner as to simulate sexual activity with any patron, spectator, employee or other person not employed therein.

e.

It shall be unlawful for any entertainer, performer or employee, while on the premises of a commercial establishment regulated under this section, to sit upon or straddle the leg, legs, lap or body of any patron, spectator or other person therein, or to engage in or simulate sexual activity while touching or being touched by said patron, spectator or other person.

f.

It shall be unlawful for any person while on the premises of a commercial establishment regulated under this section to engage in any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of human breasts, genitals, pubic area, buttocks, anus or anal cleft or cleavage or the simulation thereof within an establishment dealing in alcoholic beverages.

g.

It shall be unlawful for any person to show or cause to be shown in a commercial establishment regulated under this section any graphic representation, including pictures or projection of film, which depicts human genitals, pubic area, buttocks, anus, anal cleft or cleavage, female nipple, female areola, female breast directly below the areola, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual act prohibited by law or touching, caressing or fondling of the human genitals, pubic area, buttocks, anus, anal cleft or cleavage, female nipple, female areola, or female breast directly below the areola.

h.

It shall be unlawful for any person owning, maintaining, operating or leasing any commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises to suffer or permit any person on the premises to engage in any conduct prohibited in subparagraphs (1) through (7) above.

i.

It shall be unlawful for any person owning, maintaining, operating or leasing a commercial establishment regulated under this section to suffer or permit any outside advertisement which encourages, solicits, induces or promotes conduct or activities prohibited by this section in such establishment.

3.

Presumptions: The following presumptions shall apply in actions brought for violation of this section:

a.

Any person who owns, maintains, operates, leases or enters a commercial establishment where nude or semi-nude entertainment actually takes place on the premises in violation of this section is presumed to be aware that said nude or semi-nude entertainment is taking place in the establishment.

b.

Any establishment which has received a local business tax receipt to operate commercially is presumed to be a commercial establishment.

4.

Proof:

a.

In all actions, civil or criminal, for violation of this section, proof that the beverage was an alcoholic beverage may be made by any person who, by experience in the past in handling or use of alcoholic beverages, or who by taste, smell or drinking of such liquids has knowledge of the presence of alcoholic content thereof or the intoxicating effect thereof, may testify as to his or her opinion whether such beverage is an alcoholic beverage.

b.

The presence of alcoholic content of any beverage may be shown by hydrometer or gravity test made in or away from the presence of the fact finder by any person who has knowledge of the use of said instrument.

5.

Penalties: Any person who shall violate any provision of this section shall be guilty of an offense against the city punishable as provided in Section 1-8 of the City Code. In addition, if the owner, operator, lessor, licensee, lessee, manager, employee or any other person participating in the operation of a commercial establishment located within the City of Margate at which alcoholic beverages are offered for sale or consumption on the premises shall be convicted of any of the offenses designated in this section, then the occupational license local business tax receipt of said establishment shall be revoked by the city after giving reasonable notice thereof to the holder of said license and affording the holder an opportunity to be heard.

(A)

Definitions.

1.

The terms, words and phrases used in this chapter shall be defined as those words, terms and phrases are defined in the alcoholic beverage law of the State of Florida, known as Chapters 561, 562, 563, 564, 565, 567 and 568, Florida Statutes, as may be amended from time to time.

2.

The term "license" as used in this chapter shall be defined as the city approval as is required by the rules and regulations of the state beverage department.

(B)

State beverage law adopted by reference; enforcement authority of city police.

1.

The provisions of Chapters 561, 562, 563, 564, 565, 567, and 568, Florida Statutes as may be amended from time to time, relating to alcoholic beverages, except those sections thereof which are by their nature inapplicable to municipalities, are hereby adopted as a part of this Code as fully as if set forth herein in full.

2.

The city police department shall be charged with the duty of enforcing the provisions hereof and shall be vested with such power and authority as necessary in enforcing the beverage laws of the city and state in carrying out their duties hereunder.

(C)

Public consumption, possession, prohibited.

1.

It shall be unlawful for any person to drink or consume alcoholic beverages, or have in their possession any open container containing alcoholic beverages, including liquor, beer, or wine, in any commercial establishment as defined by state law, on any public street, in any public park, in any public or quasi-public parking lot, or in any other public place, unless such place is licensed by the State of Florida for the sale of alcoholic beverages.

2.

For temporary City or Community Redevelopment Agency events, temporary uses, or outdoor promotional events approved by the City Commission or Development Services Department in accordance with the criteria contained in Section 40.630, outdoor sales and/or consumption of alcoholic beverages shall be permitted where:

a.

The sale and/or consumption of alcoholic beverages in a designated outdoor area is approved by the City Commission or the Development Services Department; and

b.

A license from the State of Florida for such temporary event has been obtained.

3.

This section shall not be construed to permit drinking or consumption of any of the beverages listed herein in public parking lots or in any other public place wherein adjacent stores may be licensed by the City for the sale of alcoholic beverages.

(D)

For this section, the definition of quasi-public shall be that private property where a private owner permits the general and common use of a street or way by the public such as parking lots, shopping centers, and those areas where the public is deemed to be invited. Quasi-public shall also include those portions of private property which are parking lots, streets, or common areas of apartment buildings, condominiums, mobile home parks, and like organizations, where the private owner or organization in control of said areas has requested from the City in writing that this section be enforced.

(E)

Those outdoor portions of any established golf course of which access is limited to only patrons who have paid the appropriate admission fees shall be considered private property and therefore exempt from the prohibitions of this section. The sale and consumption of alcoholic beverages shall be permitted in these areas upon approval of the City Commission.

(F)

Exemption of vendors, etc., from city alcoholic beverage license tax. All vendors, distributors, manufacturers, [and] exporters of alcoholic beverages, as well as clubs and caterers, shall be exempt from the payment of a City alcoholic beverage license tax; provided, this exemption shall not affect the levy of any Local Business Tax Receipt or other City license authorized by state law.

(G)

Authority of administration. The Director of Development Services, or designee, is hereby authorized and directed to execute approvals for applicants for various types of beverage licenses pursuant to the provisions of this section.

(H)

Distance restrictions. The City does not require a minimum separation from establishments licensed to sell or serve alcohol accept for adult uses that sell or serve alcohol.

(I)

Persons to whom sale prohibited. No person licensed under the provisions of this section or of state law shall give, sell, deliver, serve or permit to be served any alcoholic beverages or liquors, including wines or beers, as follows:

1.

To any person less than twenty-one (21) years of age, actually or apparently.

2.

To any person who is intoxicated.

(J)

Hours.

1.

Generally. No vendor of alcoholic beverages shall sell or offer for sale or deliver or serve or permit to be consumed upon the premises of such vendor any alcoholic beverage of any kind regardless of alcoholic content during the hours specified herein.

a.

Sales or services for on-premises consumption: The sale or serving of alcoholic beverages for consumption on the premises shall be unlawful between the hours of 2:00 a.m. and 8:00 a.m. Monday through Saturday, and between the hours of 2:00 a.m. and 11:00 a.m. on Sundays, unless a special permit for extended hours has been issued by the City.

i.

As an exception to the above limitations of hours, the sale or serving of alcoholic beverages for consumption on the premises shall be permitted between 2:00 a.m. and 4:00 a.m. on the following specified dates of any given year without the need of acquiring a special permit for extended hours permit:

a.

January 1.

b.

March 18.

c.

May 6.

d.

July 5.

e.

December 25.

f.

December 26.

ii.

No person, vendor or distributor of any place of business licensed under the provisions of this section or by the State of Florida, or any employee thereof, shall permit any person who is not a proprietor, licensed vendor or employee thereof to remain on the licensed premises beyond the legally authorized closing hour; provided however, if said premises are divided so that the portion of said premises where alcoholic beverages are kept, stored or dispensed is segregated by partition and locked doors after the legal hour, then such prohibition shall not apply.

b.

Sales for off-premises consumption: The sale of alcoholic beverages for consumption off the premises, including delivery service, shall be unlawful between the hours of 12:00 midnight and 7:00 a.m., seven (7) days a week.

2.

Special permits for extended hours. The privilege to sell, serve or permit the consumption of alcoholic beverages at any commercial establishment between the hours of 2:00 a.m. and 4:00 a.m. is hereby declared to be a privilege subject to termination by the City Manager, and no person may reasonably rely on the continuance of said privilege. Any establishment which has not been granted or been approved for renewal of an extended hours permit by the City Manager may not operate beyond the hours provided in subsection (A) above. Any person or business entity which sells or serves alcoholic beverages for consumption on the premises may apply for a special permit for extended hours.

3.

Presumption. The presence of any alcoholic beverage not within an unopened container, along with individuals who are not employees, within an establishment serving alcoholic beverages after closing hour shall be presumed the unlawful sale or service of alcoholic beverages after permitted hours.

a.

Vendors. A special permit granted to a vendor of alcoholic beverages shall permit said vendor to sell, serve and allow consumption of alcoholic beverages on the premises.

b.

The hours of sale of alcoholic beverages consumed or served on the premises where a state liquor license for consumption on the premises has been approved, if a special permit pursuant to this section has been approved, are as follows:

i.

Tier 1 Special permit for extended hours for weekends only: From 2:00 a.m. until 4:00 a.m. on Saturday and Sunday;

ii.

Tier 2 Special permit for extended hours seven (7) days a week: From 2:00 a.m. until 4:00 a.m., Monday through Sunday.

c.

Extended hours shall not be permitted for sale at retail as package goods or for any other reason than consumption on the premises.

4.

Approval process and criteria for special permit for extended hours permit. The following criteria for granting, applying and renewing a special permit for extended hours:

a.

Criteria for granting. Each special permit for extended hours shall expire on September 30 of each year or upon the change in ownership or location of any permitted establishment. All applications shall be filed with the Development Services Department, on forms provided by same.

b.

All applications for transfer of ownership or location shall be deemed initial applications. However, applications for transfer of ownership or locations shall be automatically approved for a temporary period of thirty-five (35) days from the date of either the initial opening of an establishment serving alcoholic beverages or date transfer of ownership or location occurs.

c.

At the end of the thirty-five (35) days proceeding, establishments shall be prohibited from serving alcoholic beverages except by permission of the City Manager pursuant to subsection (J)(2).

d.

The City Manager may grant or deny such special permits for extended hours.

e.

The criteria which the City Manager shall consider in making a decision whether to grant or deny a special permit for extended hours to an applicant shall be as follows:

i.

The amount of parking demands created by the establishment being considered, especially with regard to the adverse impact on adjacent residential areas or any illegal or hazardous parking.

ii.

The amount and degree of law and code enforcement activities being generated by the establishment being considered, both inside and outside the location, with emphasis on vandalism, noise, vehicular use by patrons and illegal activity of any kind by employees (including municipal violations), patrons and others associated with the establishment during and immediately after the hours of operation.

iii.

The adverse effect, if any, that the establishment will have on the neighboring properties, especially with respect to the effects of noise, parking, glare from headlights or exterior lighting on neighborhood residential properties.

iv.

That an establishment be wholly enclosed, soundproofed and air conditioned, and any windows, doors or other openings kept closed except for normal and emergency ingress and egress, in order that noise and music emanating therefrom will not disturb the peace and quiet of the neighborhood.

a.

As an exception to this criteria, approved walkway cafes are not required to be fully enclosed.

v.

Those criteria specified in the City Code.

vi.

Conformance with property maintenance standards and municipal codes directly related to the establishment requesting extended hours.

5.

Applications.

a.

Any person, vendor or place of business which has been regularly licensed by the State of Florida to sell and dispense alcoholic beverages may apply for a special permit for extended hours. Any person, vendor or place of business desiring a special permit for extended hours shall file with the Development Services Department an electronic or printed application forms provided by the City. Such application, among other things, shall state the location where such business is to be conducted; the name of the applicant together with the names of the individuals operating a business under their own or under a trade name; the names of all the officers or members of the firms engaged in any such business; the names of all individuals or business entities owning five (5) per cent or more of the assets of a business (excluding publicly owned corporations); the type of business license issued by the State of Florida and the number thereof. The applicant shall also furnish such other information as may be deemed reasonable by the City and shall pay the application fee, established by resolution of the City Commission. No application may be deemed completed until the requirements of this paragraph are met.

b.

The Police Department shall review and forward each completed application to the City Manager with a recommendation based on the criteria provided above. The City Manager may require, as a condition of the privilege of extending hours of operation, compliance with any reasonable conditions deemed by the City Manager to be necessary to mitigate or eliminate the adverse effects of such extended hours. These conditions may include, without being limited to, provision by the owner or operator of the premises to provide at their expense additional off-street parking, security personnel, off-duty police personnel, screening and buffering from nearby properties. The City Manager may also require a cash bond in an amount he/she/they deems appropriate. The maximum bond amount that can be levied shall be established by resolution of the City Commission. No bond as provided herein will be forfeited unless the City Manager has determined that the conditions which have been required have not been performed.

c.

The granting of a special permit to a particular licensee has been and continues to be a privilege subject to modification or termination by the City Manager each year at renewal time, and no person may reasonably rely on a continuation of that privilege.

d.

The licensee shall be deemed the owner of an establishment for which application has been made and any transfer of ownership or location shall necessitate a new application to be made pursuant to this section. Should an establishment owned by an entity transfer five (5) per cent or more of its assets, said transfer shall be deemed to be a transfer of ownership, pursuant to this section.

6.

Renewals.

a.

The renewal of any special permit shall be determined by the City Manager in the manner specified in subsection (2) above. Applications shall be received by July 15 of each year. Completed applications for renewal which are not received by the Development Services Department by July 15 of each year shall be subject to a late fee, established by resolution of the City Commission.

b.

If prior to renewal time the city administration determines that any licensee has either violated a condition of renewal or is operating in a manner harmful to the public health, safety or welfare based upon the criteria specified in subsection (2) above, the City Manager may revoke the special permit issued. Written notice of the charges against the licensee shall be sent to the special permit holder. The permit holder shall have not more than thirty (30) calendar days to send a written response those charges.

c.

After consideration of the matter and allowing the licensee to respond to charges, the City Manager may revoke, modify or condition the special permit. The criteria to be used by the City Manager in such matters shall be the criteria specified in subsection (2) above. Should the license or privilege be revoked, conditioned or modified, the licensee may seek review of such action, after three (3) months, before the City Manager. The City Manager may then modify or refuse to modify their action. Only one (1) such review shall be given within a twelve-month period.

d.

No person, vendor or distributor of any place of business licensed under the provisions of this section or by the State of Florida, or any employee thereof, shall permit any person who is not a proprietor, licensed vendor or employee thereof to remain on the licensed premises beyond the legally authorized closing hour; provided however, if said premises are divided so that the portion of said premises where alcoholic beverages are kept, stored or dispensed is segregated by partition and locked doors after the legal hour, then such prohibition shall not apply.

e.

Violations declared, prohibited; penalty. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this section or the state beverage laws incorporated herein; and said violation is declared to be a misdemeanor of the second degree, punishable as otherwise provided in the Florida Statutes.

(K)

Right of commission to recommend revocation and suspension of state licenses to state beverage department. The City Commission retains the right to recommend to the state beverage department the revocation or suspension of any license upon cause appearing to the violation by any licensee of any of the laws of the State of Florida or of the United States or of any of the provisions of this section or ordinances of the City or of his maintaining a nuisance or unsanitary premises, disorderly conduct on the premises where such beverage business is conducted, or permitting loud and boisterous noises to be made or loud and disturbing music to be played on said premises.

(L)

Exceptions to section provisions. The following exceptions are made from the terms of this section or subsections as referred to:

1.

Vendors holding licenses for off-premises sales of beer or malt beverages, wine, fortified wine or beverages made of fresh fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added, including all sparkling wines, champagnes, combinations of the aforesaid beverages, vermouths and like products, shall not be subject to the distance restrictions contained in subsection (VIII) of this section.

2.

The exemption from distance regulations granted by this subsection shall not, however, permit the issuance of alcoholic beverage licenses to those persons or places or establishments excepted, where said establishment is located in a zoning district as defined in the zoning classification ordinances of the city, unless said establishment qualifies as a previously existing nonconforming use in that district.

(M)

Bottle clubs. Bottle clubs, as defined in Florida Statutes, 561.01 as may be amended from time to time, are prohibited within the City of Margate.

(N)

Prohibition of minors.

1.

Definitions.

a.

Establishment whose primary business is the sale and consumption of alcoholic beverages: A business where consumption of alcoholic beverages on the premises is permitted and where the sale of alcoholic beverages amounts to fifty (50) per cent or more of the gross receipts of the business in any given month.

b.

Adult: An individual over the age of twenty-one (21) years.

c.

Minor: An individual under the age of twenty-one (21) years.

2.

Minors unaccompanied by an adult are prohibited from entering establishments whose primary business is the sale and consumption of alcoholic beverages.

3.

In establishments whose primary business is not for the sale and consumption of alcoholic beverages, but where an area has been set aside or separated for the sale of alcoholic beverages, minors are prohibited from entering said area unless accompanied by an adult.

(O)

Nuisance abatement related to establishments serving alcoholic beverages.

1.

Any place or premises serving alcoholic beverages pursuant to Section 40.611 may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section. The violations constituting a nuisance are as follows:

a.

On more than two (2) occasions within a six-month period as a site of a violation of F.S. § 796.07;

b.

On more than two (2) occasions within a six-month period as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

c.

On one (1) occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one (1) occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

d.

By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by [F.S.] § 874.03; or

e.

On more than two (2) occasions within a six-month period as the site of a violation of F.S. § 812.019 relating to dealing in stolen property.

2.

An administrative board composed of the City Commission is hereby empowered to hear complaints regarding nuisances described in subsection (1). The administration of the City may bring a complaint before the City Commission after giving not less than three (3) calendar days' written notice of such complaint to the owner of the place or premises at their last known address. After the hearing, in which the Commission may consider any evidence, including evidence of the general reputation of the place or premises, and at which the owner of the premises or place shall have an opportunity to present evidence in his or her defense, the Commission may declare the place or premises to be a public nuisance as described in subsection (1).

3.

If the City Commission declares the place or premises to be a public nuisance, it may enter an order requiring the owner of such place or premises to adopt such procedures as may be appropriate under the circumstances to abate any such nuisance, or it may enter an order immediately prohibiting:

a.

The maintaining of the nuisance;

b.

The operating or maintaining of the place or premises, including the closure of the place or premises; or any part thereof; or

c.

The conduct, operation or maintenance of any business or activity on the premises which is conductive to such nuisance.

4.

An order entered under subsection (3) shall expire after one (1) year or at such earlier time as is stated in the order.

5.

An order entered under subsection (3) may be enforced pursuant to the procedure contained in F.S. § 120.69. However, no other section of F.S. chapter 120 shall be applicable.

6.

The City may bring a complaint under F.S. § 60.05 seeking temporary and permanent injunctive relief against any nuisance described in subsection (1).

7.

As used in this subsection (XVIII), the term "controlled substance" includes any substance sold in lieu of a controlled substance in violation of F.S. § 817.563, or any imitation controlled substance defined in F.S. § 817.564.

8.

The City Commission, upon a hearing and appropriate finding, may provide:

a.

For imposition of a fine on the establishment or place declared a nuisance, not to exceed two hundred fifty dollars ($250.00) per day;

b.

Reasonable costs, including reasonable attorney's fees associated with investigations and hearings for public nuisances;

c.

Continuing jurisdiction for a period of one (1) year over any place or premises that has been declared to be a public nuisance;

d.

Fines for recurring violations may be made up to and including five hundred dollars ($500.00) per day.

9.

Orders of the Commission pursuant to this section shall be reduced to writing. The City Clerk, upon the order of the City Commission, shall record a certified copy of the order of the City Commission with the public records of Broward County. Recorded orders on public nuisances shall become liens against the real property that is subject to the order. Upon order of the City Commission, the lien may be foreclosed subject to a lien with recoverable costs including reasonable attorneys' fees associated with the recording of orders and foreclosure.

(A)

Definitions. The following definitions shall apply to this article.

1.

Amusement games or machines: A game or machine operated only for the bona fide entertainment of the general public which a person activates by inserting or using currency or a coin, card, coupon, slug, token, or similar device, and, by the application of skill, with no material element of chance inherent in the game or machine, the person playing or operating the game or machine controls the outcome of the game. The term does not include:

a.

Any game or machine that uses mechanical slot reels, video depictions of slot machine reels or symbols, or video simulations or video representations of any other casino game, including, but not limited to, any banked or banking card game, poker, bingo, pull-tab, lotto, roulette, or craps.

b.

A game in which the player does not control the outcome of the game through skill or a game where the outcome is determined by factors not visible, known, or predictable to the player.

c.

A video poker game or any other game or machine that may be construed as a gambling device under the laws of this state.

d.

Any game or device defined as a gambling device in 15 U.S.C. s. 1171, unless excluded under 15 U.S.C. s. 1178.

2.

Arcade amusement center: A place of business having at least fifty (50) amusement games or machines on premises which is operated for the entertainment of the general public and tourists as a bona fide amusement facility.

3.

Game room: An establishment, room or place where less than fifty (50) amusement games or machines are available to the general public and constitute the accessory use of the establishment as defined by this article.

(B)

Gambling devices prohibited.

1.

Nothing in this article shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that is prohibited by Chapter 849 of the Florida Statutes, has been judicially determined to be a gambling device, in any way contrary to law, or that may be contrary to any future laws of the state.

(C)

Location of arcade amusement centers.

1.

Arcade amusement centers shall be permitted by special exception in the C, G, CC, B-2 and B-3 zoning districts, as provided in the city's Zoning Code pursuant to the procedure and criteria set forth in Section 40.306 of this Code, with the following exceptions:

a.

Arcade amusement centers shall not be permitted within one thousand (1,000) feet of another similar establishment, nor in any case within the same plaza, shopping center, mall, or other facility as another similar establishment.

b.

The distance shall be measured by airline route from the main entrance or front door of one (1) amusement arcade center to the main entrance or front door of the other similar establishment.

(D)

Location of game rooms.

1.

Game rooms may be permitted as an accessory use, supplemental to the permitted primary use of a premises, as outlined in this section, so long as no more than twenty-five (25) per cent of the gross square footage of the floor area of the premises is utilized for amusement games or machines. For the purpose of this article, each amusement game or machine is hereby determined to utilize twenty-five (25) square feet.

2.

Game rooms shall be permitted as accessory uses to the following uses within any CC, G, C, B-2, or B-3 District:

a.

Establishments in which the primary income is derived from serving food;

b.

Bowling alleys or indoor recreation centers;

c.

Business establishments having a minimum floor area of two thousand (2,000) square feet.

(E)

Location of amusement games or machines with a permitted use.

1.

Five (5) or fewer amusement games or machines shall be permitted within any establishment in any B-1, B-2, B-3, CC, G, C district, and the business portion of any PUD Zoning District. Two (2) additional amusement games or machines shall be permitted, provided that at least two (2) of the amusement games and machines in the establishment are designed for placement upon a bar, counter, table, etc. Additionally, the use of such amusement games or machines shall constitute an accessory use as defined in section 40.612(A) of this Code.

(F)

Additional development standards.

1.

Signage. All signs for amusement arcades shall follow the guidelines set forth in Section 40.706. In addition, the use of any imagery referencing gambling such as, but not limited to, slot machines, poker wheels, etc., shall not be permitted when visible from the exterior of the tenant space, including, but not limited to, wall signage and window signage.

2.

Operations.

a.

Hours of operation. The hours of operation of any amusement arcade center which is duly licensed to sell or serve alcoholic beverages shall be limited to those hours which it is permitted to sell or serve alcoholic beverages. The hours of operation for amusement arcade centers which do not sell or serve alcohol shall be as follows:

i.

From 8:00 a.m. until 2:00 a.m. of the following day, Monday through Thursday;

ii.

From 8:00 a.m. Friday until 4:00 a.m. the following Saturday;

iii.

From 8:00 a.m. Saturday until 4:00 a.m. the following Sunday;

iv.

From 10:00 a.m. Sunday until 2:00 a.m. the following Monday.

b.

Supervision. An employee at least twenty-one (21) years of age or older shall be on the center premises of an arcade amusement center at all times and shall supervise the operation thereof during all hours of operation.

c.

Age restrictions. No person under the age of eighteen (18) years is permitted on premises of an arcade amusement center before 4:00 p.m. on any day the public or private schools are in session, unless such person is accompanied by his or her parent or legal guardian.

3.

Additional special exception criteria.

a.

In granting or denying the special exception as identified in this article, the city commission shall additionally consider the following:

i.

That any amusement game or machine proposed to be installed is legally designed and will be operated according to state law.

ii.

That any amusement game or machine be electrically safe and acceptable in the manner in which it is installed and operated and certified by the administration as same.

iii.

That the proposed use does not materially alter the main use of the applicant's business.

iv.

That the proposed use will not alter the surrounding business area or its environment.

(A)

Purpose. The following regulations shall apply to facilities which dispense automobile fuel, contain vehicle charging stations, oil, or lubricants to the general public. These regulations are supplemental and in addition to other requirements of the applicable zoning district. In the case of a conflict, the regulations contained herein shall apply.

(B)

Distance separation. All minimum separation distances shall be measured in the shortest airline distance between nearest property lines.

1.

No vehicle fuel station shall be located within one thousand (1,000) feet of any other vehicle fuel station.

2.

No vehicle fuel station shall be located within one hundred (100) feet of any residential use.

(C)

Size of lot.

1.

Minimum width: one hundred (100) feet.

2.

Minimum depth: one hundred twenty-five (125) feet.

(D)

Location of fuel dispensers, canopies and other structures.

1.

Distance from right-of-way for fuel dispenser: Minimum of thirty-five (35) feet.

2.

Fuel dispenser distance from property line: Minimum of fifteen (15) feet.

3.

Fuel dispenser distance from property access point: Minimum of fifty (50) feet.

4.

Distance from right-of-way for canopies: Minimum of twenty-five (25) feet.

5.

All fuel dispensers shall be covered by a canopy.

6.

All fuel dispensers shall have hoses long enough to dispense on either side of a vehicle.

(E)

Building site coverage, pavement and green space.

1.

Minimum of twenty-five (25) per cent landscaped or pervious area.

2.

Along a road right-of-way: A landscaped strip at least twenty-five (25) feet in depth.

3.

All impervious area, not used as building foundation, shall be concrete. Asphalt shall not be permitted.

4.

Pavement markings in thermoplastic shall be provided to direct the flow of vehicles throughout the site.

(F)

Access.

1.

No driveway to a vehicle fuel station may connect to a local road unless the property has both ingress and egress access to an arterial or collector roadway as shown on the Broward County Trafficways Plan.

2.

Maximum width of curb cut: Thirty-six (36) feet.

3.

Minimum width of aisle: Twenty-four (24) feet.

(G)

Lighting. All lights and lighting shall be so designed and arranged as to not cause a direct glare onto an adjacent right-of-way or property.

(H)

Storage of flammable liquids.

1.

All gasoline, benzene, diesel fuel, naphtha or other volatile flammable liquids stores incidental to the operation of a service station, shall be kept in underground tanks.

2.

All vents associated with the storage of flammable liquids shall be screened.

(I)

Outdoor display. No outdoor stacking of any product other than propane is permitted.

(A)

Home occupations. Home occupations, where permitted, shall be subject to following conditions and use standards:

1.

Only a legal resident of the subject dwelling of a home occupation shall be permitted to be an owner or employee of said home occupation. The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

2.

Any home occupation shall be incidental and subordinate to the use of the dwelling for residential purposes and shall not change the character of the dwelling.

3.

The home occupation shall not occupy more than twenty-five (25) per cent of the floor area of the dwelling.

4.

There shall be no advertising display.

5.

There shall be no outdoor storage or display of any materials, products, or equipment associated with the home occupation.

6.

The home occupation shall not involve the use of any accessory building or setback space, or activity outside of the main building not normally associated with a residential use.

7.

There shall not be conducted on the premises the business of selling stock of merchandise, supplies, or products, however orders previously made by telephone, internet, or at a sales party may be filled on the premises. That is, the direct sale of products off display shelves or racks is not allowed.

8.

The home occupation shall not cause any external effect, such as increased noise, excessive lighting, or offensive odor, which is incompatible with the characteristics of a residential zone.

9.

Cottage food operations, as defined in F.S. § 500.03, are permitted as a valid home occupation when operated in accordance with F.S. § 500.80 and the preceding provisions.

10.

As viewed from the street, the use of the residential property shall be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

(A)

Purpose, findings, and prohibition.

1.

Purpose. It is the purpose of this chapter (article) to prohibit Medical Treatment Centers created pursuant to Art. X, § 29 of the Florida Constitution and Chapter 2017-232 Laws of Florida (Codified in F.S. chapter 381) as may be amended from time to time from establishing Medical Marijuana Treatment Center Dispensing Facilities within the municipal limits of the City of Margate.

2.

Findings. Based on authority granted to municipalities in F.S. § 381.986(11) as may be amended from time to time, the City Commission finds that a ban on the establishment of Medical Marijuana Treatment Center Dispensaries within the City of Margate is in the best interest of the City.

3.

Prohibition. Medical Marijuana Treatment Center Dispensing Facilities are prohibited within the boundaries of the City of Margate. No variance, special exception or other procedural or regulatory exemption to this City-wide ban may be processed by or granted by the City.

(A)

General.

1.

Notwithstanding any other provision of the Margate Code of Ordinances that allows medical clinics, doctors' offices, or pharmacies as a permitted use in any other zoning district, pain management clinics, as defined in Section 40.201, shall be allowed only as a special exception use in the CF, Community Facilities District, the Corridor District, and the B-3 Liberal Business District. In order to provide adequate protection to the community and establish the legitimacy of the business, the following regulations shall apply to the location, design, operation, and maintenance of pain management clinics, and shall be in addition to all other requirements or limitations of this chapter:

a.

A special exception must be approved by the City Commission prior to the establishment of any pain management clinic.

b.

The application for a special exception for a pain management clinic shall disclose, in detail, the owners and operators of the facility, and shall be updated by the owner/operator annually at the time of renewal of the local business tax receipt for the business, or at any time that there is a change of owner or the physician of record pursuant to F.S. § 458.3265 or F.S. § 459.0137, as may be amended from time to time.

c.

The applicant shall provide to the City proof of registration with the Florida Department of Health, pursuant to F.S. § 458.3265 or F.S. § 459.0137, as may be amended from time to time, upon application of a special exception. If the registration of a pain management clinic is revoked or suspended by the Florida Department of Health, the City's special exception shall be revoked automatically.

d.

The application for a special exception shall include an affidavit by the owner or physician of record pursuant to F.S. § 458.3265 or F.S. § 459.0137, as may be amended from time to time, attesting to the fact that no employee of the business, nor any independent contractor or volunteer having regular contact with customers of the business, has been convicted of a drug-related felony within the five-year period prior to the date of application, and that the business shall not employ or allow any such convicted employee, independent contractor, or volunteer on the premises thereafter.

e.

The application for a special exception shall include written documentation from a fully licensed and accredited Broward or Palm Beach County hospital, hospice and/or facility for the treatment of the terminally ill that there is an affiliation with the applicant pain management clinic, and that the physician(s) of record pursuant to F.S. § 458.3265 or F.S. § 459.0137, as may be amended from time to time, has/have treating privileges at said hospital, hospice, or treatment facility.

f.

A pain management clinic shall be limited to the hours of operation between 7:00 a.m. and 9:00 p.m., Monday through Saturday.

g.

A pain management clinic shall post the required special exception resolution in a conspicuous location at or near the entrance to the facility so that it may be easily read at any time.

h.

No pain management clinic shall be permitted to be located within one thousand two hundred (1,200) feet of another pain management clinic or a place of assembly, child care center, or educational center. The applicant shall furnish a certified survey to the City upon application for a special exception for the business. Said survey shall be prepared by a registered land surveyor in the State of Florida, indicating the distance in linear feet between the proposed pain management clinic and another pain management clinic, and any place of assembly, child care facility, and educational center, measured from the nearest point of one (1) facility to the nearest point of the other facility in a straight line. Any pain management clinic legally in existence prior to the effective date of this section, but now in violation of its provisions due this Subsection, shall be considered a legal nonconforming use for a period of one (1) year from the effective date of this section. After the one-year period of time, such nonconforming use shall be removed or discontinued.

i.

Pain management clinics are prohibited from having any outdoor seating areas, queues, or customer waiting areas. All activities of the pain management clinic, including sale, display, preparation, and storage, shall be conducted entirely within a completely enclosed building.

j.

With the exception of subsection viii above, all pain management clinics legally in existence prior to the effective date of this section shall comply with the requirements herein within sixty (60) days of the effective date of this section.

k.

If at any time the City determines that a pain management clinic is operating in any manner that is inconsistent with, or contrary to, the provisions of this article or any other applicable code or statute, the City may revoke the special exception.

(A)

Where any structure or site was lawfully developed for the use of self-service storage, said use may continue as originally permitted, subject to the limitations of Section 40.308 of this Code, and the following:

1.

Self-service storage shall not be a part of any structure devoted to any other permitted use; and

2.

Individual storage units or private postal boxes in a self-service storage shall not be considered a premises for the purpose of assigning a legal address in order to obtain a local business tax receipt to do business.

(A)

Intent. The goals of this section are to:

1.

Minimize the impacts of wireless communication facilities on surrounding land uses by establishing standards for location, structural integrity, and compatibility;

2.

Avoid potential injury to persons and properties from tower failure and debris hazards through structural standards and setback requirements;

3.

Preserve the scenic and visual character of the geographic area by encouraging the location, design and architectural treatment of wireless communication facilities to avoid the disruption of the natural and built environment, and to ensure harmony and compatibility with surrounding land use patterns;

4.

Facilitate the provision of wireless communication services to residents, businesses, and visitors;

5.

Provide a uniform and comprehensive framework for evaluating proposals for wireless communication facilities;

6.

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

7.

Encourage the location and collocation of telecommunication equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna support structures;

8.

Accommodate the growing need and demand for telecommunication services;

9.

Encourage coordination between suppliers and providers of telecommunication services;

10.

Establish predictable and balanced codes governing the construction and location of wireless communications facilities, within the confines of permissible local regulations;

11.

Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time and in accordance with F.S. § 365.172;

12.

Respond to the policies embodied in the Telecommunications Act of 1996, if applicable, in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services;

13.

Encourage the use of public lands, buildings, and structures as locations for wireless communications infrastructure demonstrating concealed technologies and revenue generating methodologies;

(B)

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

1.

Abandoned: Any tower without any mounted transmitting and/or receiving antennas in continued use for a period of one hundred eighty (180) days or more.

2.

Alternative structure: A structure that is not primarily constructed for the purpose of supporting antennas but on which one (1) or more antennas may be mounted. Alternative structures include, but are not limited to, buildings, water tanks, light stanchions, billboards, Place of Assembly steeples and electric power transmission towers.

3.

Amateur radio tower: Any tower used for amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio facilities.

4.

Ancillary structure: For the purposes of this section, any form of development associated with a wireless communications facility, including, but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets.

5.

Antenna: Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including, but not limited to: telephonic, radio or television communications. Types of elements include but are not limited to: omnidirectional (whip) antennas, sectionalized (panel) antennas, multi- or single-bay (FM and TV), yagi, or parabolic (dish) antennas.

6.

Antenna array: A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

7.

Antenna element: Any antenna or antenna array.

8.

ASR: The antenna structure registration number as required by the FAA and FCC.

9.

Antenna support facility: A vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty (20) feet. Types of support structures include the following: guy, lattice and monopole structures.

10.

Base station: The electronic equipment utilized by the telecommunication provider(s) for the transmission and reception of radio signals.

11.

Breakpoint technology: The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five (5) per cent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

12.

Collocation: The practice of installing and operating multiple wireless service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment.

13.

Combined antenna: An antenna or an antenna array designed and utilized to provide services for more than one (1) wireless provider, or a single wireless provider utilizing more than one (1) frequency band or spectrum, for the same or similar type of services.

14.

Concealed: A tower, ancillary structure, or equipment compound that is not readily identifiable as such and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two (2) types of concealed facilities: (1) antenna attachments and (2) freestanding.

a.

Examples of concealed attached facilities include, but are not limited to, the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure.

b.

Freestanding concealed towers usually have a secondary, obvious function which may be, but is not limited to, the following: Place of Assembly steeple, windmill, bell tower, clock tower, light standard, flagpole with or without a flag, or tree.

15.

DRC: The City of Margate Development Review Committee.

16.

Equipment compound: The fenced area surrounding the ground-based communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna on the tower that is above the base flood elevation including: cabinets, shelters, pedestals, and other similar structures.

17.

Equipment cabinet: Any structure above the base flood elevation including cabinets, shelters, pedestals, and other similar structures. Equipment cabinets are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

18.

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

19.

FAA: The Federal Aviation Administration.

20.

FCC: The Federal Communications Commission.

21.

Feed lines: Cables used as the interconnecting media between the transmission and/or receiving base station and the antenna.

22.

Flagpole concealed facility: A concealed facility which has a federal, state or local jurisdiction flag attached to it as part of the concealment efforts.

23.

Flush-mounted: Any antenna or antenna array attached directly to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

24.

Guyed tower: A style of antenna support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

25.

Geographic search ring: An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering.

26.

Handoff candidate: A wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless communications facility.

27.

Lattice structure: A tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed diagonal strips or rods to support antennas.

28.

Least visually obtrusive profile: The design of a telecommunication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function.

29.

Wireless master plan: A plan developed for the City of Margate by the city's telecommunications consultant intended to enforce the planning and zoning issues of the city while complying with all applicable laws, rules, and mandates of all governing bodies.

30.

Microcell facility: A wireless communications facility consisting of an antenna (as defined above) and related equipment which is located either on a tower or affixed to a structure in some fashion for the provision of wireless services.

31.

Microwave dish antenna: A dish-like antenna used to link wireless service sites together by wireless transmission of voice or data.

32.

Mitigation: A modification of an existing antenna support structure to increase the height or to improve its integrity, by replacing or removing one (1) or several antenna support structure(s) located in proximity to a proposed new antenna support structure in order to encourage compliance with this section or improve aesthetics or functionality of the overall wireless network.

33.

Monopole structure: A style of freestanding antenna support structure consisting of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of antenna support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof.

34.

Monopole tower: A tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors.

35.

Non-concealed: A wireless communication facility that is readily identifiable as such and can be either freestanding or attached.

36.

Panel antenna: A grouping of antennas designed for signal gain.

37.

Personal wireless service: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

38.

Public safety communications equipment: All communications equipment utilized by a public entity for the purpose of ensuring the safety of the citizens of the city and operating within the frequency range of one hundred fifty (150) MHz, four hundred fifty (450) MHz, seven hundred (700) MHz and one thousand (1,000) MHz and any future spectrum allocations at the direction of the FCC.

39.

Radio frequency emissions: Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection.

40.

Replacement: The removal of an existing tower for purposes of erecting a new tower of nearly equal dimensions usually for the purposes of improving structural integrity.

41.

Roofline: The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the building.

42.

Satellite earth station: A single or group of parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

43.

Self-support lattice tower: A tapered structure broad at the base and more narrow at the top consisting of cross-members and diagonal bracing and without guyed support.

44.

Structure: Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground, including advertising signs.

45.

Tower: Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of a tower or towers, an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure.

46.

Tower base: The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular line from the geometric center of the tower.

47.

Tower height: The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting, lightning protection or other equipment affixed thereto.

48.

Tower site: The land area that contains, or will contain, a proposed tower, support structures and other related buildings and improvements.

49.

Waiver: A modification of the terms of this section where, owing to conditions peculiar to the property, a literal enforcement of this section would result in an unnecessary hardship. A waiver shall be reviewed and issued by the city commission.

50.

Wireless broadband facility: A subtype of wireless communications facility that is an unstaffed location for the wireless transmission and/or reception of broadband data services exclusively, usually consisting of a tower, an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure.

51.

Wireless communications facility: A staffed or unstaffed location for the wireless transmission and/or reception of voice/data services, including new, mitigated, or existing towers, antenna support structures, public antenna support structures, replacement antenna support structures, collocation on existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and non-concealed wireless communication facilities. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty (20) feet. Types of support structures include, but are not limited to, guyed, lattice, monopole, and other similar type towers, utility distribution poles, and water tanks.

52.

Whip antenna: A cylindrical antenna that transmits and/or receives signals in three hundred sixty (360) degrees.

(C)

Tower siting in certain zoning districts. Freestanding towers shall be located in the following order of hierarchy:

1.

City-owned property.

2.

Utilities U-1 district.

3.

Light industrial M-1 district.

4.

Industrial park M-1A district.

5.

Liberal business B-3 district.

6.

Community business B-2 district.

7.

Corridor district.

8.

Gateway district.

9.

Recreational S-1 district.

10.

Open space S-2 district.

11.

Community facility CF district.

12.

City Center district.

13.

Conservation CON district.

City-owned property shall take preference over privately owned property. If the proposed site is other than city-owned property, the applicant shall provide an affidavit stating that there is a demonstrated need for the placement of the facility at that location and that there is not a technically suitable location available to accommodate the need on city-owned property.

(D)

City-owned property. Freestanding towers shall be deemed a permitted use on any city-owned property in accordance with an executed lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.

i.

The city may, as appropriate, to protect its property and the public interest establish additional requirements beyond the minimum requirements of a permit for city-owned property. Setback and distance requirements in Article 5 of this Code may be modified to the extent necessary to provide for the public interest as determined by the city commission. This provision further does not preclude the city from issuing a letter of interest for the purposes of leasing sites on designated city property for the construction and installation of wireless communications facilities. For designated city-owned property, the city will encourage the installation of wireless communications facilities which have a minimal impact on the surrounding areas and are consistent with the development of the affected area.

(E)

Freestanding towers as permitted use. Freestanding towers shall be deemed a permitted use in light industrial M-1 and industrial park M-1A districts subject to DRC approval meeting the requirements of the minimum standards for development of towers as specified in this chapter.

(F)

Freestanding towers—Conditional. Freestanding towers shall be deemed conditional within the following zoning districts:

i.

Recreational S-1 district;

ii.

Open space S-2 district;

iii.

Liberal business B-3 district;

iv.

Community business B-2 district;

v.

Community facility CF district;

vi.

Corridor district;

vii.

Gateway district;

viii.

City Center district.

Each conditional use pursuant to paragraph (F) above shall be reviewed by the DRC and approval of the city commission obtained to determine if said conditional use is appropriate in the area where same is to be placed, based upon the criteria set forth herein including, but not limited to, the aesthetics of the proposed facility in conjunction with its surrounding physical environment. The city commission shall make specific written findings of fact regarding the approval or denial of the conditional use.

(G)

[Towers as part of existing utility poles.] Towers as part of existing utility poles shall be permitted as a conditional use pursuant to paragraph (c) in the Florida Power and Light easement, used for major electric transmission that traverses the city in a north-south corridor approximately two hundred eighty-five (285) feet wide. Said area is parallel to and east of Rock Island Road. No freestanding towers constructed exclusively as a wireless communications facility shall be permitted other than as provided in paragraphs (C), (D), and (E). No additional rights other than provided herein shall be deemed created by this designation.

(H)

Prohibitions. The location of a new tower on a property other than those specified in subsections (C), (D), (E) or (F) shall be prohibited, except as may be granted a waiver by the city commission due to unnecessary hardship or extenuating circumstances, and after consideration of the aesthetics of the proposed facility in connection with its surrounding physical environment; in particular, the applicant must demonstrate:

i.

That special conditions and circumstances exist which, if there is a literal and strict enforcement of the provisions of this Section 40.618, would constitute a hardship or practical difficulty in the use of the property involved; and

ii.

Granting of the waiver will not be contrary to the public interest or the general purpose sought to be accomplished by this Section 40.618. The city commission shall make specific written findings of fact regarding the circumstances and conditions constituting said hardship or circumstances prior to granting or denying such waiver.

(I)

Time limit on project completion. Once a wireless communications facility is approved by the city a building permit shall be obtained within six (6) months.

(J)

Minimum standards for development of new towers. All new towers must meet the following minimum standards:

1.

Tower types. To minimize adverse visual impacts, tower types shall be selected based upon the following hierarchy:

a.

Concealed monopole;

b.

Monopole;

c.

Self-support/lattice tower;

d.

Guyed tower.

The applicant shall be required to demonstrate, in a technical manner acceptable to the city commission, why each choice in the hierarchy cannot be used for the particular application in order to justify the selection of a tower type lower in the hierarchy.

2.

Site development plan. Prior to the issuance of a building, electrical, engineering or a construction permit, a site development plan shall be presented to the DRC. Each application for a proposed tower shall include all requirements for site development plan approval as required in other sections of the City Code. To help ensure compatibility with surrounding land uses, each application for a proposed new tower shall include the following information:

a.

A report and supporting technical data demonstrating that all antenna attachments and collocations including all potentially useable utility distribution towers and other elevated structures within the proposed service area, and alternative antenna configurations have been examined, and found unacceptable. The report shall include reasons existing facilities such as utility distribution and other elevated structures are not acceptable alternatives to a new freestanding tower. The report regarding the adequacy of alternative existing facilities or the mitigation of existing facilities to meet the applicant's need or the needs of service providers indicating that no existing wireless communications facility could accommodate the applicant's proposed facility shall consist of any of the following:

i.

No existing wireless communications facility located within the geographic area meets the applicant's engineering requirements, and why.

ii.

Existing wireless communications facilities are not of sufficient height to meet the applicant's engineering requirements and cannot be increased in height.

iii.

Existing wireless communications facilities do not have sufficient structural integrity to support the applicant's proposed telecommunications facilities and related equipment, and the existing facility cannot be sufficiently improved.

iv.

Other limiting factors that render existing wireless communications facilities unsuitable.

b.

Technical data included in the report shall include certification by a radio frequency engineer qualified to practice before the Federal Communications Commission or other qualified professional, which qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed tower and accompanying maps and calculations demonstrating the need for the proposed tower.

c.

A map showing the designated search ring along with the exact location of the proposed wireless communications facility on a City of Margate zoning map.

d.

A radio frequency propagation lot indicating the coverage of existing wireless communications sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement facility, collocation, or new antenna support structure. NOTE: These documents are needed to justify a facility and to determine if the proposed location is the only or best one (1) in the designated geographic area of the proposed facility.

e.

An affidavit by a radio frequency engineer demonstrating compliance with Section 40.618(C) (siting alternatives hierarchy). If a lower ranking alternative is proposed the affidavit must address why higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility.

f.

One (1) original and two (2) paper copies plus one (1) digital copy in pdf format of a survey of the property completed by a registered professional surveyor, licensed in the State of Florida showing all existing uses, structures, and improvements.

g.

Three (3) sets (twenty-four (24) inches by thirty-six (36) inches) of site plans, one (1) of which must be signed and sealed by a Florida registered Professional Engineer, plus one (1) digital copy in pdf format including antenna support structure elevations, landscape plans, maximum height of the proposed tower and antenna, including individual measurement of the tower base, the antenna support structure and lightning rod, structural designs that take into account the latest edition of the FBC, and preliminary grading plans, which may be included on site plans or separately submitted in equal quantities. The site plan shall identify adjacent landowners, land uses, height of principal building, size of lots, and existing zoning and land use designation.

h.

The site plan shall include deed book, and page and map book and page reference; name of project; scale, north arrow, vicinity map, zoning, watershed classification—per cent coverage of lot to be impervious surface (if located in a designated watershed area; also delineate the location and classification of all major public or private streets and rights-of-way, driveways, public parking areas, pedestrian ways, trails and bikeways within five hundred (500) feet of property boundary, including zoning district boundaries, on a twenty-four-inch by thirty-six-inch sheet.

i.

Proof that a property and/or antenna support structure owner's agent has appropriate authorization to act upon the owner's behalf (if applicable). A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards regarding interference to other radio services. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the proposed wireless communications facility complies with FCC standards.

j.

A stamped or sealed structural analysis of the proposed antenna support structure prepared by a registered professional engineer licensed by the State of Florida indicating the proposed and future loading capacity of the antenna support structure is compliant with EIA/TIA 222G (as amended).

k.

The applicant shall provide a statement as to the potential visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts.

l.

All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter.

m.

A written statement by a registered professional engineer licensed by the State of Florida specifying the design structural failure modes of the proposed facility.

n.

The applicant shall demonstrate that the following notice was mailed (via certified mail) to all other wireless service providers licensed to provide service within the city as indicated on the list of wireless service providers provided by the city:

"Pursuant to the requirements of Section 40.618 of the Margate Unified Development Code, we are hereby providing you with notice of our intent to meet with the City Staff in a pre-application conference to discuss the location of a freestanding wireless communications facility that would be located at _______ (physical address, latitude and longitude (NAD-83)). In general, we plan to construct a support structure of _______ feet in height for the purpose of providing _______ (type of wireless service). Please inform City staff if you have any desire for placing additional wireless facilities or equipment within two (2) miles of our proposed facility. Please provide us with this information within twenty (20) business days after the date of this letter. Your cooperation is sincerely appreciated. Sincerely, (pre-application applicant, wireless provider)"

o.

Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property.

p.

Prior to issuance of a building permit, proof of FAA compliance with subpart C of the Federal Aviation Regulations, part 77, and "Objects Affecting Navigable Airspace," if applicable.

q.

A line of sight analysis which shall include the following information:

i.

An identification of significant existing natural and manmade features adjacent to the proposed tower location, to indicate those features that will provide buffering for adjacent properties and public rights-of-way;

ii.

An identification of specific points, measured two thousand (2,000) feet north of the proposed tower, one thousand (1,000) feet south of the proposed tower, and five hundred (500) feet east and west of the proposed tower from which the line of sight analysis is presented or the closest accessible public property from each of the above delineated points;

iii.

A graphic illustration of the visual impact of the proposed tower, at a scale that does not exceed five (5) degrees of horizontal distance, presented from specific points identified within the line of sight analysis.

(K)

Collocation. No new tower shall be built, constructed or erected in the city unless such tower is capable of accommodating, at a future date, additional wireless communications facilities owned by other persons and the tower owners agree to comply with subsection 40.618(J) existing towers. All new towers shall be designed and built to accommodate multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and at a minimum, self-support/lattice or guyed towers shall be able to accommodate three (3) users. As wireless technology advances, applicants may be required to construct facilities utilizing advancing technologies including, but not limited to, combined antennas when determined necessary for health, safety, welfare aesthetics, and compatible with providers technical, capacity and coverage requirements. The applicant shall state in any application for permit that it will, as a condition of issuance of the permit, accommodate antenna facilities of other providers, on a nondiscriminatory basis on terms which are reasonable in the industry unless the applicant can affirmatively demonstrate, based on verifiable objective data, why it cannot do so. Refusal to continually comply with this obligation shall be a violation of this section and shall be grounds for revoking applicant's permit.

1.

Written statement required. In order to facilitate the regulation, placement, and construction of an antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of an antenna, antenna array or applicant for a new wireless communications facility or a collocation in additional to the requirements of subsection 40.618(J) shall agree in a written statement to the following:

a.

Compliance with "good engineering practices" as defined by the FCC in its rules and regulations.

b.

Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).

c.

In the case of an application for collocated wireless communications facilities, the applicant, together with the owner of the subject site, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the city's public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference.

d.

Whenever the city has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one (1) or more antenna arrays, the following steps shall be taken:

i.

The city shall provide notification to all wireless service providers operating in the city of possible interference with the public safety communications equipment, and upon such notifications, the owners shall use their best efforts to cooperate and coordinate with the city and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Best Practices Guide," released by the FCC in February 2001, including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time.

ii.

If any equipment owner fails to cooperate with the city in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the city public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including, but not limited to, any engineering studies obtained by the city to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Best Practices Guide" within twenty-four (24) hours of the city's notification.

(L)

Access. A parcel of land upon which a tower is located must provide access during normal business hours to at least one (1) paved vehicular parking space on site.

(M)

Compliance with radio frequency emission standards. Each application for a wireless communications facility may be required to include a statement that there is no objection from other federal or state agencies that may regulate wireless communications facility siting, design and construction. All proposed wireless communication facilities shall comply with current radio frequency emissions standards of the FCC, or other legally regulating body.

(N)

Waiver of requirements. Requirements in this section may be waived where it is determined that based upon site, location or facility, such waiver is in the best interest of the health, safety, welfare or aesthetics of the city and in the best interest of wireless communication service to the community.

(O)

Notice of public notification. Notice of an application for a conditional use permit shall be sent via certified mail to all property owners within a one hundred-foot radius of the affected property. The applicant shall pay all of the costs associated with the certified mailing.

(P)

Height/setbacks and related location requirements.

1.

The height of a tower shall not exceed one hundred fifty (150) feet not including nonstructural lightning rods and required safety lightning. Tower height shall be measured from the crown of the road of the nearest public street.

2.

Towers shall at a minimum conform with the setback established for the underlying zoning district; the minimum setback from water, sewer, fiber, and storm-water facilities shall be ten (10) feet.

3.

Monopole, lattice or guyed towers shall not be permitted within two hundred (200) feet of any residential district or use.

4.

Monopole, lattice or guyed towers shall not be located within seven hundred fifty (750) feet of any existing monopole, lattice or guyed tower.

5.

All buildings and other structures to be located on the same property as a tower shall conform with the setbacks established for the underlying zoning district.

6.

The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries.

7.

The provisions of this section may be waived where it is determined that based upon site, location or facility, such waiver is in the best interest of the health, safety, welfare or aesthetics of the city or compliance with other regulations, and in the best interest of wireless communication service to the community provided that the proposed tower utilizes "breakpoint" technology at a height on the tower which is acceptable to the city.

(Q)

Buffering.

1.

An eight-foot-high fence or wall, as measured from the finished grade of the site, shall be required around the base of any tower and may be required around any accessory buildings or structures. In no case will barbed wire or razor wire fencing be permitted. Access to the tower shall be through a locked gate.

2.

Landscaping, consistent with the requirements of the landscape code, shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The city may require landscaping in excess of the requirements of the City Code in order to enhance compatibility with adjacent properties.

3.

Landscaping consistent with perimeter and on-site requirements of the City Code shall be installed around any accessory buildings or structures.

(R)

High voltage, "no trespassing" and other warning signs.

1.

If high voltage is necessary for the operation of the wireless communications facility or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall and shall be placed no more than forty (40) feet apart.

2.

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

3.

The letters for the "HIGH VOLTAGE—DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence.

4.

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

5.

Signs noting ASR number (if required) shall be attached to the tower structure in compliance with federal regulation.

(S)

Equipment storage. Mobile or immobile equipment not used in direct support of a wireless communications facility shall not be stored or parked on the site of the wireless communications facility, unless repairs to the facility are being made. Portable emergency generators may be temporarily located at a wireless communications facility in the event of a power outage but must be removed upon resumption of power. Portable "crank-up" or otherwise mobile wireless communications facilities may not be located at a wireless communications facility.

(T)

Removal of abandoned or unused facilities. All abandoned or unused wireless communications facilities shall be removed by the tower owner/operator within ninety (90) days of the cessation of use. A tower shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days. Towers being utilized for other purposes, including, but not limited to, light standards and power poles, may be exempt from this provision where superseded by the requirements of other county, state or federal regulatory agencies.

(U)

Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc., shall be strictly prohibited.

(V)

Ancillary structures. All ancillary structures shall meet all building design standards as listed in this Code and in accordance with the provisions of the South Florida Building Code, latest Broward County Edition. All accessory buildings or structures shall require a building permit.

1.

Accessory structures shall be designed to resemble the basic design of the principal use or be designed to resemble the neighborhood's basic building design. In no case will metal exteriors be allowed for ancillary buildings.

(W)

Aesthetic design. Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over wireless communications facilities, towers shall be painted or constructed in neutral colors, and may include other decorative features designed to blend into the surrounding environment.

(X)

Inspection report required.

1.

Wireless communication facility owners shall submit a report to the Department of Development Services certifying structural and electrical integrity once every two (2) years.

2.

Inspections shall be conducted by an engineer licensed to practice in the State of Florida. Based upon the results of an inspection, the Director of the Department of Development Services may require repair or removal of a wireless communication facility.

3.

The city may conduct periodic inspections with the cost of such inspection paid by the owner of the wireless communications facility to ensure structural and electrical integrity. The owner of the wireless communication facility may be required by the city to have more frequent inspections if there is evidence that the wireless communications facility has a safety problem or is exposed to extraordinary conditions.

(Y)

Existing towers.

1.

All wireless communications facilities that existed on July 2, 1997, (the effective date of this section) which did not meet the requirements of this section shall be considered legally nonconforming under this section and allowed to continue their legal usage as they existed at that time, with the exception of federal regulations relating to the health and safety of exposure levels as defined by the Occupational Safety and Health Act as amended and radio frequency (RF) exposure levels as defined by FCC regulations. Any modification of a legal nonconforming wireless communications facility (except as set forth in subsection (b) below) must be made by submittal of information required by subsection 40.618(J) and review and approval of the DRC. Further review and approval of the city commission is not required. New construction other than routine maintenance on an existing wireless communications facility shall comply with the requirements of this section.

2.

Notwithstanding the provisions of subsection (1) above, new or replacement antennas that do not cause an increase in the height or width of a tower or increase the size of the equipment compound may be placed on existing wireless communications facilities with sufficient loading capacity without review and approval of the DRC, but after review and approval by the director of development services, upon submittal of the following information:

a.

A description of the proposed modifications to the antenna, including modifications to antenna element design, type and number, as well as changes in the number and/or size of any feed lines, from the base of the equipment cabinet to such antenna elements.

b.

A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards relating to interference to other radio services. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement or additional antenna(s) complies with FCC standards relating to human exposure to RF energy.

c.

A stamped or sealed structural analysis of the existing structure prepared by a registered professional engineer licensed by the State of Florida indicating that the existing antenna support structure as well as all existing and proposed appurtenances meets Florida Building Code (FBC) requirements (including wind loading) for the antenna support structure.

d.

Any replacement or addition that otherwise would be processed under this subsection (2) but which increases the height or width of the subject tower or increases the size of the applicable equipment compound shall require review in accordance with subsection 40.618(J) above.

3.

Any owner upon whose parcel of land a tower is located, which contains additional capacity for installation or collocation of wireless communications facilities, shall allow other persons to install or collocate wireless communications facilities (including, but not limited to, wireless broadband facilities) on such a tower subject to reasonable terms and conditions negotiated between the parties.

4.

An existing tower may be modified to accommodate collocation of additional wireless communications facilities as follows:

a.

Application for a development permit shall be made to the DRC which shall have the authority to issue a development permit without further approval by the city commission.

b.

The total height of the modified tower and wireless communications facilities attached thereto shall not exceed the premodification height approved for that location.

c.

A tower that is being rebuilt to accommodate the collocation of additional wireless communications facilities may be moved on site subject to the setback requirements of the zoning district where the tower is located.

d.

The tower that is relocated on site shall continue to be measured from the original tower location for the purpose of calculating the separation distances between towers as provided herein.

e.

Additional antennas, communication dishes and similar receiving or transmission devices to an existing facility proposed for attachment to an existing tower, shall require review and approval by the director of development services as set forth in subsection (Y) above. The application for approval to install additional antennas shall include all of the requirements specified in subsection (2) above. A visual impact analysis shall be included as part of the application for approval to install one (1) or more additional devices to an existing tower. Applicants must still meet all requirements of subsection (2) above, prior to construction.

(Z)

Permit fees, application and inspection fees required.

1.

Permit required. No construction shall be started until a permit to construct has been granted by the city building department. At the time of filing the construction drawings and documents referred to herein, the developer or owner or applicant shall provide a detailed cost analysis of the cost of construction of the wireless communications facilities covered by this section. The applicant, developer, or owner shall pay the City of Margate permit fees.

2.

Application fee required.

a.

A filing fee in the amount as specified in the Fee Schedule adopted by Resolution of the City Commission of the City of Margate, shall be submitted to the DRC for any application made pursuant to this Section 40.618. In addition, a biennial inspection fee as specified in the Fee Schedule adopted by Resolution of the City Commission of the City of Margate, is due the city at the time of inspection.

(AA)

Maintenance.

1.

Providers shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

2.

Providers shall install and maintain towers, wireless communications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

3.

All towers, wireless communications facilities and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. Owners with flagpole concealed facilities shall, as part of maintenance required herein, repair or replace flags which comprise part of the concealment technology not less than every six (6) months and more often when such flags show visible signs of damage or wear. Failure to undertake such maintenance as required herein and by applicable federal law shall result in citation(s) of noncompliance.

4.

All maintenance or construction on a tower, wireless communications facilities or antenna support structure shall be performed as provided by law.

5.

All towers shall maintain compliance with current radio frequency emissions standards of the FCC.

6.

In the event any portion of the use of the tower is discontinued by any provider, that provider shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued.

(BB)

Antennas not located on towers.

1.

Conditional uses. Concealed and non-concealed rooftop or building-mounted antennas not exceeding twenty (20) feet above roofline and not exceeding ten (10) feet above maximum height of applicable zoning district shall be permitted as a conditional use only as an accessory use in the following districts:

a.

City-owned property.

b.

Light industrial M-1 district.

c.

Industrial park M-1A district.

d.

Liberal business B-3 district.

e.

Community business district B-2 district.

f.

Corridor district.

g.

Gateway district.

h.

Recreational S-1 district.

i.

Open space S-2 district.

j.

Community facility CF district.

k.

City center district.

The city commission shall make specific written findings of fact regarding the approval or denial of the conditional use.

2.

City-owned property preferred location. City-owned property shall take preference over privately owned property. If the proposed site is other than city-owned property, the applicant shall provide an affidavit stating that there is a demonstrated need for the placement of the facility at that location and that there is not a technically suitable location available to accommodate the need.

a.

Concealed and non-concealed rooftop or building-mounted antennas shall be deemed a permitted use on any city-owned alternative structures in accordance with an executed lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. The city may, as appropriate, to protect its property and the public interest, establish additional requirements beyond the minimum requirements of a permit for city-owned alternative structures property. Setback and distance requirements in this Code may be, modified to the extent necessary to provide for the public interest as determined by the city commission. This provision further does not preclude the city from issuing a letter of interest for the purposes of leasing sites on designated city property for the construction and installation of telecommunications facilities. For designated city-owned alternative structures, the city will encourage the installation of wireless communications facilities which have a minimal impact on the surrounding areas and are consistent with the development of the affected area.

3.

Minimum standards. Buildings or rooftop antennas shall be subject to the following standards:

a.

No commercial advertising shall be allowed on an antenna;

b.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the FCC or the FAA;

c.

Any related unmanned equipment building shall not contain more than seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet in height;

d.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25) per cent of the roof area;

e.

Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. This shall be subject to administrative approval for consistency with the definition of concealed facility;

f.

Antennas shall only be permitted on buildings which are at least two (2) stories in height;

g.

Antennas may not exceed more than ten (10) feet above the highest point of a roof. Concealed antennas attached to but not above rooftop structures shall be exempt from this provision;

h.

Antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of the material or color which matches the exterior of the building or structure upon which it is situated;

i.

When located on building facade, building-mounted antennas shall be painted and texturized to match the existing building;

j.

Requirements in this section may be waived where it is determined that based upon site, location or facility, such waiver is in the best interest of the health, safety, welfare or aesthetics of the city and in the best interest of telecommunication service to the community. Applications entitled to the streamlined processes described in F.S. § 365.172(12) shall satisfy the requirements of subsection 40.618(X).

4.

Antenna types. To minimize adverse visual impacts, antenna types shall be selected based upon the following hierarchy:

a.

Panel;

b.

Dish;

c.

Whip.

d.

If a non-concealed antenna(s) is proposed, the applicant shall be required to demonstrate why each choice in the hierarchy cannot be used for the particular application in order to justify the selection of an antenna type lower in the hierarchy. This does not preclude a combination of the various types of antennas.

5.

Antenna dimensions. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, and competent to evaluate suitability of antennas types, to certify the need for required dimensions.

6.

Aircraft hazard. Prior to the issuance of a building permit, the application shall provide evidence that the wireless communications towers or antennas are in compliance with (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is mounted, such evidence shall not be required.

(CC)

Shared use of towers.

1.

Notwithstanding any other provision of this article, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of facilities on existing or new towers shall be encouraged by:

a.

Only issuing permits to approved shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate; or

b.

Giving preference to approved shared facilities over other facilities in authorizing use at particular locations.

c.

Participation in the wireless master plan as set forth in subsection 40.618(T) hereinbelow.

2.

No development approval to develop, build, construct, or erect a tower pursuant to this section shall be granted to any person on the basis that it is economically unfeasible for such person to collocate or install its wireless communications facilities on a tower or antenna support structure owned by another person.

3.

Collocation of wireless communications antennas by more than one (1) provider on existing or new towers shall take precedence over the construction of new single-use towers. Accordingly, each application for a tower shall include the following:

a.

A written evaluation of the feasibility of sharing a tower, if appropriate towers are available. The evaluation shall analyze one (1) or more of the following factors:

i.

Structural capacity of the towers;

ii.

Radio frequency interference;

iii.

Geographical search area requirements;

iv.

Mechanical or electrical incompatibility;

v.

Inability or ability to locate equipment on the tower or towers;

vi.

Availability of towers for collocation;

vii.

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

viii.

Additional information requested by the city.

b.

The city may deny an application if an available collocation is feasible and the application is not for such collocation.

c.

For any tower approved for shared use, the owner of the tower shall provide notice of the location of the tower.

d.

Requirements in this section may be waived where it is determined that based upon site, location, or facility, such waiver is in the best interest of the health, safety, welfare, or aesthetics of the city and in the best interest of wireless communication service to the community.

4.

Applications under this subsection that are entitled to the streamlined processes described in F.S. § 365.172(12) shall meet all of the requirements set forth in subsection 40.618(X).

(DD)

Satellite earth station (SES).

1.

Compliance standards. Satellite earth stations which are larger than one (1) meter (39.37 inches), intended to receive signals from orbiting or geo-stationary satellites and other sources, or to link wireless service sites together by wireless transmission of voice or data shall comply with the following provisions.

a.

Single- and two-family residential standards.

i.

Rooftop SESs are prohibited.

ii.

An SES shall be considered an accessory structure; however, an SES shall be permitted within five (5) feet of a side and/or rear property line.

iii.

No SES shall be permitted within any front, corner, or street side setbacks. For lots having more than one (1) street setback, an SES shall be located in a side setback which does not abut a public or private right-of-way.

iv.

No SES shall exceed fifteen (15) feet in height. No dish shall exceed ten (10) feet in diameter.

v.

Any SES located in a rear setback is hereby required to provide a visual screen from neighboring properties and any adjacent rights-of-way. Said screen may take the form of a dense hedge that meets the planting requirements of the landscape code or an opaque fence made of wood or vinyl, or a masonry wall.

vi.

There shall be no more than one (1) antenna as described in paragraph (1) on any single- and two-family lot.

b.

Nonresidential and multifamily standards.

i.

All SESs shall be ground-mounted and located in the rear setback so as not to be visible from any public right-of-way.

ii.

An SES may not be located in the rear setback if the rear lot line abuts a public right-of-way, lands zoned residential or S-1.

iii.

All SES equipment permitted by this section is hereby required to provide a visual screen from neighboring properties and any adjacent rights-of-way. Said screen may take the form of a dense hedge that meets the planting requirements of the landscape code or an opaque fence made of wood or vinyl, or a masonry wall. Said screen material shall be planted or installed within ten (10) feet of the SES.

iv.

No SES shall exceed twenty (20) feet in height measured from grade. No dish shall exceed fifteen (15) feet in diameter.

v.

Nonresidential SES's may be considered for roof installation provided that application is made to the DRC as a conditional use and same shall be grated or denied by the city commission of the City of Margate. Roof-mounted SES's must be screened by parapets that appear to be an integral part of the building so that not more than twenty-five (25) per cent of the antenna height is visible from grade level of adjacent property and adjacent public or private rights-of-way. The city commission shall make specific written findings of fact regarding the approval or denial of the conditional use.

vi.

All SES's shall not be light reflective. Dish antennas shall not have any sign copy on them nor shall they be illuminated.

vii.

Each person wishing to place SESs in nonresidential and multifamily zoned property shall make application to the DRC as a conditional use and same shall be granted or denied by the city commission of the City of Margate.

viii.

There shall be no more than one (1) antenna as described in paragraph (a) on any lot. However, where business is licensed by the city as a dealer of electronic equipment [such business] may have two (2) antennas as described in paragraph (a) for their lot.

(EE)

Wireless master plan.

1.

The city has developed and adopted a wireless master plan ("plan"). Except as specifically provided herein, the terms of this chapter, and the requirements established thereby, shall be applicable to all antenna support facilities to be developed or collocated on city-owned sites.

2.

If an applicant requests a permit to develop a site on city-owned property, the permit granted hereunder shall not become effective until the applicant and the city have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted.

3.

No permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly owned sites of the jurisdiction for delivery of wireless communications services or any other purpose.

4.

No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the agreement between the lessor and lessee. Further, no permit shall be construed as a conveyance of a title interest in the property.

(FF)

Payment to the City of Margate for towers and antennas. All monies received for the leasing of property of the City of Margate for telecommunication towers and antennas shall be deposited in the parks and recreation trust fund as provided for in subsection 29-30.E.(4) of the Margate City Code.

(GG)

Wireless broadband facilities.

1.

Location hierarchy. Wireless broadband facilities ("WBF") shall be located in the same order of hierarchy provided in subsection 40.618(C). City-owned property shall take preference over privately owned property. If the proposed site is other than city-owned property, the applicant shall provide an affidavit stating that there is a demonstrated need for the placement of the facility at that location and that there is not a technically suitable location available to accommodate the need on city-owned property.

2.

City-owned property. Freestanding WBF shall be deemed a permitted use on any city-owned property in accordance with an executed lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. The city may, as appropriate, to protect its property and the public interest establish additional requirements beyond the minimum requirements of a permit for city-owned property. Setback and distance requirements in of this Code may be modified to the extent necessary to provide for the public interest as determined by the city commission. This provision further does not preclude the city from issuing a letter of interest for the purposes of leasing sites on designated city property for the construction and installation of WBF. For designated city-owned property, the city will encourage the installation of WBF which have a minimal impact on the surrounding areas and are consistent with the development of the affected area.

3.

Permitted use. Wireless broadband facilities shall be deemed a permitted use in light industrial M-1 and industrial park M-1A districts subject to DRC approval meeting the requirements of the minimum standards for development of WBF as specified in this section.

4.

Conditional use. Wireless broadband facilities shall be deemed conditional within the following zoning districts:

a.

Recreational S-1 district;

b.

Open space S-2 district;

c.

Liberal business B-3 district;

d.

Community business B-2 district;

e.

Community facility CF district;

f.

Corridor district;

g.

Gateway district;

h.

City Center district.

5.

Each conditional use pursuant to this paragraph shall be reviewed by the DRC and approval of the city commission obtained to determine if said conditional use is appropriate in the area where same is to be placed, based upon the criteria set forth herein. The city commission shall make specific written findings of fact regarding the approval or denial of the conditional use.

6.

As part of existing utility poles. WBF as part of existing utility poles shall be permitted as a conditional use pursuant to paragraph (4) in the Florida Power and Light easement used for major electric transmission that traverses the city in a north-south corridor approximately two hundred eighty-five (285) feet wide. Said area is parallel to and east of Rock Island Road. No freestanding towers constructed exclusively as a wireless broadband facility shall be permitted other than as provided in paragraphs (2), (3), and (4). No additional rights other than provided herein shall be deemed created by this designation. The city commission shall make specific written findings of fact regarding the approval or denial of the conditional use.

7.

Prohibitions. The location of a new WBF on a property other than those specified in paragraph (2), (3), (4) or (5) shall be prohibited, except as may be granted a waiver by the city commission due to unnecessary hardship or extenuating circumstances.

8.

Application requirements. Each application for a proposed WBF shall include all requirements for site development plan approval as required in other sections of the City Code. To help ensure compatibility with surrounding land uses, each application for a proposed new tower shall also include the information required by subsection 40.618(D) above.

(HH)

Exempt facilities. The following items are exempt from the provisions of this chapter; notwithstanding any other provisions:

1.

Amateur radio towers less than seventy-five (75) feet in height;

2.

Any tower less than thirty-five (35) feet in height; or

3.

Wireless communications towers existing or permitted prior to the adoption of this section shall be allowed to continue to operate provided they meet the requirements set forth in Ordinance No. 1500.453 et seq. at the time of final inspection or shall be required to be brought into current standards upon the final inspection of any modifications, additions or upgrades.

4.

Satellite earth stations that are one (1) meter (39.37 inches) or less in diameter in all residential districts and two (2) meters or less in all other zoning districts.

5.

A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city designee; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.

6.

A government-owned wireless communications facility erected for the exclusive purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.

7.

A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the city and approved by the city; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this division up to three (3) months after the duration of the state of emergency.

8.

A temporary, commercial wireless communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the city, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this division up to one (1) week after the duration of the special event.

(II)

Streamlined process.

1.

Applications entitled to the streamlined processes described in F.S. § 365.172(12), shall meet all the following requirements: When applicable, the applicant shall submit an affidavit stating that the application is entitled to the streamed processes and identifying the specific statutory basis for such entitlement.

2.

A collocation application entitled to streamlined processing shall be reviewed by the city within forty-five (45) business days of a completed submission, (or within some other mutually agreed upon timeframe). The city shall notify an applicant within twenty (20) business days of initial submission if there are any deficiencies relating to the application materials, otherwise the initial submission shall be deemed complete.

3.

Approval or denial of the application shall be administratively determined by city staff without the necessity of a public hearing, shall be in writing and shall be postmarked to the applicant by the forty-fifth (45 ^th ) business day from the date of receipt. Denials shall identify the deficiencies in the application which, if cured, would make the application complete.

4.

Upon resubmitting of the revised site plan and paperwork the city shall follow the process identified in (1) and (2) above until all deficiencies identified are deemed cured.

5.

If the city does not respond in writing to the applicant within the specified timeframe detailed above, then the application shall be deemed approved.

(A)

Legislative intent.

1.

The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5, is a civil rights law that protects individuals and religious assemblies and institutions from discriminatory and unduly burdensome land use regulations.

2.

RLUIPA provides a number of important protections for the religious freedom of persons, places of worship, religious schools, and other religious assemblies and institutions.

3.

RLUIPA prohibits the implementation of any land use regulation that imposes a "substantial burden" on the religious exercise of a person or religious assembly or institution except where justified by a "compelling governmental interest" that the government pursues in the least restrictive way possible.

4.

The City seeks to assure that it remains in compliance with RLUIPA, with federal policy on this issue, and with the case law interpreting and applying RLUIPA.

(B)

Applicability. Development and operational standards.

1.

Applicability. If a use is interpreted to be a "place of assembly" use as defined by this Code, the requirements of this article shall prevail over any inconsistent provisions of the zoning or land development codes.

2.

Development and Operational Standards. Place of assembly, as defined by this Code, shall be subject to the following regulations:

a.

C, G, CC, B-1, B-2, B-2A, and B-3 zoning districts.

i.

Such use shall be intended to serve the surrounding neighborhood.

ii.

A safe and adequate pedestrian circulation system shall be provided.

iii.

Games of chance, including, but not limited to, bingo and other similar uses, shall only be an accessory use.

b.

CF, R-1, R-1A, R-1B, R-1C, R-1D, RVRP, and PUD zoning districts.

i.

Such use shall be located on a lot having at least forty thousand (40,000) square feet and at least two hundred (200) feet of street frontage.

ii.

There shall be no residential uses on the site, except a rectory, parish house or similar individual dwelling.

iii.

Private academic schools, including childcare facilities may be permitted as an accessory use when located on the same lot as an existing place of assembly.

iv.

In addition to subsections (1) to (2) listed above, places of assembly shall adhere to the following:

a.

The coverage of all roofed structures shall not exceed twenty-five (25) per cent of the lot area.

b.

No building or roofed structure shall be located within forty (40) feet of any other residentially zoned property.

c.

No parking area shall be located within ten (10) feet of any lot line.

(C)

RLUIPA Relief Procedures.

1.

This section implements the policy of the city for addressing possible violations of RLUIPA identified during implementation of this Code, and related rules, policies, and procedures.

a.

Relief Request. A person, including a religious assembly or institution, may request relief under this section in writing by completing a RLUIPA Relief Request form, which is available from the City's Development Services Department (the "Department"). The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

b.

Hearing Officer Authorized; Public Hearing Required. The hearing officer or designee shall have the authority to consider and act on requests for RLUIPA relief submitted to the Department, after notice is posted as provided in subsection (8). A public hearing shall be held within twenty-one (21) days of receipt by the city of the request for relief. During the public hearing, the hearing officer or designee shall solicit comment and information from the public to be taken under advisement.

c.

Written determination. The hearing officer shall issue a written determination no later than forty-five (45) days after the receipt by the city of the request for relief. The determination may:

i.

Grant the relief requested,

ii.

Grant a portion of the request and deny a portion of the request, or

iii.

Deny the request, in accordance with federal law.

The determination may impose conditions upon the grant or partial grant of the request. Any determination denying the requested relief shall be in writing and shall state the reasons the relief was denied. All determinations shall advise the requesting party that the determination may be appealed immediately to a court of competent jurisdiction upon the filing of an appropriate pleading. The written determination shall be sent to the requesting party by certified mail, return receipt requested.

d.

Request for additional information. If necessary prior to issuing a written determination, the hearing officer or designee may request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date the information is requested to provide the needed information.

In the event a request for additional information is made to the requesting party by the hearing officer or designee, the thirty-day period to issue a written determination shall no longer be applicable, and the hearing officer, or designee, shall issue a written determination within thirty (30) days after receipt of the additional information from the requesting party.

If the requesting party fails to respond to the requested additional information within fifteen (15) days after the hearing officer's or designee's request for additional information, the hearing officer, or designee, shall issue a written notice advising the requesting party failed to timely submit the additional information and the request for relief shall be deemed abandoned and/or withdrawn and no further action by the city with regard to said reasonable relief request shall be required.

e.

Determination of Relief. In determining whether the RLUIPA relief request shall be granted or denied, the requesting party shall be required to establish:

i.

The requesting party is a claimant under RLUIPA; and

ii.

The city has imposed a substantial burden on the religious exercise of the requesting party, whether a person, religious assembly or instruction, and the burden is not a result of the city furthering a compelling governmental interest and is not the least restrictive means of furthering that compelling governmental interest; or

iii.

The city has imposed or implemented a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.

f.

Appeal. In the event a RLUIPA relief request is denied, made subject to conditions, or a decision is not rendered in accordance with the time requirements of this article, the requesting party may immediately seek judicial review before a court of competent jurisdiction upon the filing of an appropriate pleading.

g.

No fee shall be imposed by the city in connection with a request for RLUIPA relief under this section. The city shall have no obligation to pay a requesting party's or an appealing party's attorney fees or costs in connection with the request for an appeal.

h.

While an application for RLUIPA relief is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the requesting party.

i.

The city shall display a notice in the city's public notice bulletin board and shall maintain copies available for review in the Department, the Building Department, and the city clerk's Office, advising the public that a request for relief under RLUIPA has been filed. The date and time of the applicable public hearing shall be included in the notice.

(A)

Use standards.

1.

The following use standards shall be adhered to in reviewing the application.

a.

No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, unless conforming to the standards below:

b.

Vehicular access to schools shall not be from roadways classified by the Broward County Metropolitan Organization's Broward County Highway Functional Classifications map as arterial roadways or collector roadways.

i.

The use of shared driveways and/or cross-access agreements to allow vehicles for the school to pass through an adjacent property that abuts an arterial or collector roadway is prohibited.

ii.

Vehicular access to the school shall be provided directly through a publicly owned local road, and the driveway opening which serves the school must be located at least five hundred (500) feet from an arterial or collector roadway, measured from the closest outer edge of the driveway pavement to the nearest point of the applicable right-of-way limit, by direct airline measurement.

c.

Schools shall not be located within one thousand (1,000) feet from any other existing public or private elementary, middle, or high school, or a childcare facility. This distance shall be measured from the property line in the shortest airline distance between nearest property lines.

d.

School must be located in freestanding single use structure(s), located on a parcel that meets the following requirements:

i.

An elementary school site must be at least twelve (12) acres in site. The preferred site is rectangular in shape with seven hundred (700) feet of street frontage and seven hundred fifty (750) feet of depth.

ii.

A middle school site must be at least twenty (20) acres in size. The preferred site is rectangular in shape with one thousand two hundred (1,200) feet of street frontage and seven hundred thirty (730) feet of depth.

iii.

A high school site must be at least forty-five (45) acres in size. The preferred site is rectangular in shape with one thousand, three hundred and twenty (1,320) feet of street frontage and one thousand, four hundred and eighty (1,480) feet of depth.

e.

Schools must provide a student drop off/pick-up area for motorists that is dedicated to student drop off/pick-up activities and will not interfere with onsite parking or rely on vehicles queueing into roadways adjacent to the school. The appropriate length and dimensions of the drop off area shall be identified in a traffic study prepared by a qualified traffic engineer who is a professional engineer licensed in the State of Florida.

f.

Exceptions from the above restrictions shall apply to the following schools and the following activities associated with a school:

i.

Vehicular access designed and used solely for emergency vehicles.

ii.

Any existing school that is owned and operated by the School Board of Broward County.

iii.

Charter schools may be permitted as an accessory use if located within the existing library, community service facility, museum, performing arts center, theatre, cinema, religious institution, Florida College System institution, college, or university facility, in accordance with F.S. § 1002.33(18)(C) as may be amended from time to time.

iv.

A private school may use facilities on property owned or leased by, or purchased from, a library, community service organization, museum, performing arts venue, theater, cinema, or church facility under F.S. § 170.201, which is or was actively used as such within five (5) years of any executed agreement with a private school to use the facilities; any facility or land owned by a Florida College System institution or university; and similar public institutional facilities; and any facility recently used to house a school or child care facility licensed under F.S. § 402.305, under any such facility's preexisting zoning and land use designations within rezoning or obtaining a special exception or a land use change, and without complying with any mitigation requirements or conditions. The facility must be located on property used solely for purposes described in this paragraph, and must meet applicable state and local health, safety, and welfare laws, codes, and rules, including fire safety and building safety.

v.

The acreage requirement may be reduced to not less than three and one-half (3.5) acres, gross, pursuant to an approved development agreement, executed in accordance with F.S. § 163.3227, as may be amended from time to time.

g.

In order to allow sufficient time to secure required development order, building permit, and local business tax receipt approval, a special exception use application and fee must be filed with the Development Services Department at least nine (9) months before the start of the school year. This time requirement cannot be waived or reduced.

(Ord. No. 2024-5, § 1, 11-6-2024)

(A)

Use standards. Vending machine (outdoor), permitted as an accessory use to a permitted use is subject to the following limitations:

1.

Only one (1) vending machine shall be permitted outdoors per building; and

2.

All vending machines must be located on a paved surface; and

No vending machine shall obstruct any pedestrian means of travel nor reduce any walkway to less than four (4) feet in width, nor shall any vending machine be permitted within any parking space, drive aisle, or alley; and

3.

All products offered for sale shall be completely enclosed within an approved vending machine and packaged for individual retail sale; and

4.

The content of vending machines shall be limited to products that are naturally and customarily associated with the type of business utilizing the vending machine; and

5.

No tobacco, vaporizers, synthetic nicotine substances or alcohol products shall be permitted to be sold from a vending machine; and

6.

Only the product or service offered via the vending machine shall be permitted to be advertised on the vending machine; and

7.

The maximum size of an outdoor vending machine shall be thirty (30) square feet in area, and no taller than six and one-half (6½) feet in height.

8.

All outdoor vending machines must be permitted by the Margate Building Department prior to installation. All outdoor vending machines must be plugged directly into a power source.

9.

Prior to issuing a permit for an outdoor vending machine, a letter of authorization from the property owner must be submitted with the permit application.

(A)

Walkway cafes are permitted as an accessory use to a restaurant or other food service establishment and subject to the following requirements and limitations:

1.

Application requirements.

a.

Walkway cafe application form.

b.

Photographs, drawings, or manufacturers' brochures describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the walkway cafe.

c.

Hold Harmless Agreement. A signed statement that the applicant shall hold harmless the City, its officers, and employees and shall indemnify the City, its officers, and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.

d.

A copy of public liability insurance, food products liability insurance, and property damage insurance from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000.00) for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured the City, its officers and employees.

e.

For walkway cafe applicants that serve alcoholic beverages, liquor liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage is required. The applicant shall furnish and maintain such public liability, liquor products liability, and property damage insurance from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured, the City, its officers and employees. Such insurance will be primary to any insurance or self-insurance whether collectible or not which may be available to the City, its officers or employees.

f.

All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days' written notice has been given to the City by certified mail.

g.

The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability: B+ to A+.

2.

Use standards. The following use standards shall be adhered to in reviewing the application:

a.

The walkway cafe dining area shall be located adjacent to the primary business, with a minimum four-foot clear pedestrian passage provided throughout that shall be measured and maintained when chairs and tables are occupied.

b.

The walkway cafe seating area shall not interfere with the circulation of pedestrian and/or vehicular traffic and shall be defined with an appropriate barrier. If fence material is used it shall be no more than three (3) feet in height and seventy-five (75) per cent see-through visibility notwithstanding the regulations for walls and fences of this Code;

c.

Tables, chairs, umbrellas, and any other objects associated with the walkway cafe shall be safe and convenient for users and passers-by. The design, materials and colors of such objects must be compatible with Section 40.5 (Exterior building or structural color of the property maintenance standards) of this Code.

d.

Walkway cafes under one thousand (1,000) square feet require no additional parking;

e.

Walkway cafes over one thousand (1,000) square feet shall be required to provide parking;

f.

Cooking facilities are prohibited on the sidewalk with the exception of those temporary mobile facilities that are used in the finishing of meals that were substantially prepared inside the building. All cooking facilities permitted under this subsection shall be removed immediately when not in use;

g.

Audio/visual devices (televisions), are permitted in the walkway cafe dining area;

h.

Speakers are permitted that play the same music that would be played inside the dining establishment, as long as such music is not audible in the public right-of-way. Public address systems are prohibited;

i.

Awning signs meeting the specifications provided in Section 40.406(G) of this Code are permitted. Logos up to four (4) square feet are permitted on umbrellas;

j.

The hours of operation for the walkway cafe shall be no greater than that of the principal restaurant;

k.

Upon the issuance of any advisory for potentially hazardous weather events, all outdoor furniture shall be removed from the walkway cafe dining area;

l.

The sidewalk area and all tables, chairs, umbrellas and any other objects associated with the walkway cafe must be kept in a clean, orderly and safe condition, and the area shall be cleared of all debris throughout the day and at the close of business;

m.

All tableware must be immediately removed at the close of business;

n.

No tables, chairs, umbrellas, nor any other part of a walkway cafe shall be attached, chained or in any manner affixed to any tree, post, sign, or other fixtures, curb, or sidewalk within or near the permitted area.

3.

Temporary suspension.

a.

The City may require the temporary removal of walkway cafes when street, sidewalk, or utility repairs necessitate such action.

b.

The City may immediately remove or relocate all or parts of any walkway cafe in emergency situations; and

c.

The City, its officers, and employees shall not be responsible for any walkway cafe components relocated during emergencies;

d.

Denial, revocation or suspension of permit. The City may deny, revoke or suspend a permit for any walkway cafe if it is found that:

i.

Any necessary business or health permit has been suspended, revoked or canceled;

ii.

The permit holder does not have insurance which is correct and effective in the minimum amount described in this chapter;

iii.

Changing conditions of pedestrian or vehicular traffic cause congestion that necessitates the removal of a walkway cafe. Such decisions shall be based upon findings of the City Manager or their designee that the minimum four (4) foot pedestrian path provided is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic; and/or

4.

The permit holder has failed to correct violations of this chapter or conditions of his permit within seven (7) days of receipt of a City notice of same.

5.

Tables, chairs and other vestiges of the walkway cafe may be removed by the City, and a reasonable fee charged for labor, transportation and storage, should the permit holder fail to remove said items within thirty-six (36) hours of receipt of the City's final notice to do so for any reason provided under this chapter.

6.

A revocation or suspension of a permit shall be authorized only upon seven (7) days' notice to the permit holder at the address listed on said permit. During said time, the permit holder may offer any documents or any other evidence of why the permit should not be revoked.

7.

Upon denial or revocation, the City shall give notice of such action to the applicant or the permit holder in writing stating the action taken and the reason thereof. If the action of the City is based on subsections iv.2. or iv.3. of this section, the action shall be effective upon giving such notice to permit holder. Otherwise, such notice shall become effective within seven (7) days unless appealed to the City Commission within five (5) days' notice of the decision of the City Manager or their designee.

(A)

Permit required: All outdoor temporary uses which are provided in this section shall be set up or erected only after obtaining a Temporary Use Permit (TUP) and all necessary building permits. The TUP shall not commence until all necessary inspections are approved. This section shall not override and shall not be a substitute for any other section of this Code which requires another type of permit, certificate, or approval.

(B)

Review and approval: An application for a TUP shall be submitted and reviewed in conformance with the procedures contained in this section. Notice and public hearing requirements shall not apply to TUPs. The payment of an application fee, established by the City Commission, shall be included with the application for a TUP. All tax-exempt organizations that qualify under Section 501 of the Internal Revenue Code are exempt from payment of the fee, except for those with 501c4 tax exempt status. TUP applications shall be reviewed and approved by the Development Services Department or the City Commission, as provided for in subsections (1) and (2) below, who may impose reasonable conditions upon the TUP.

1.

Administrative approval: The establishment of the following uses shall require a TUP issued by the Development Services Department, with review from other City departments as necessary:

a.

Temporary sales offices and model homes established for the express purpose of marketing a real estate development project with final site plan and Broward County Plat approval. The model homes and sales offices shall be located on contiguous parcels or lots and limited to the property that is being marketed for sales.

b.

Seasonal sales lots offering products such as holiday or seasonal trees, pumpkins, or flowers; provided, however, that no TUP shall be issued for sales within public rights-of-way or for more than forty-five (45) days, unless the City Commission grants an extension. Firework and sparkler sales shall be subject to approval from the Development Services Department, Department of Building and Code Services, and Margate Fire Rescue Department.

c.

The City Commission may grant an extension of time for any TUP by application submitted to the Development Services Department subject to payment of double the fee for the initial application as specified on the fee schedule.

d.

Walkway or parking lot sales by businesses having a City-issued Local Business Tax Receipt, with all such activities located within the property of those businesses and not in any right-of-way.

e.

Farmers' markets.

f.

Community garage sales.

g.

Promotional events for businesses and community facilities having a City-issued Local Business Tax Receipt, which anticipate having fewer than 500 attendees at any given time. All such activities shall be located within the property of those businesses and community facilities and not in any right-of-way.

h.

Block parties in residential areas with an anticipated attendance greater than seventy-five (75) people but fewer than five hundred (500) people. Block parties in residential areas with an anticipated attendance of seventy-five (75) people or fewer are not required to apply for a TUP, but must notify the Police Department seven (7) calendar days in advance.

i.

Political, religious, or social gatherings which anticipate having fewer than five hundred (500) attendees at any given time.

2.

City Commission approval: Applications for the following types of TUPs shall be transmitted to the Development Services Department for review and input by various City departments. Subsequent to administrative review, the Development Services Department shall schedule the application for review by the City Commission. The City Commission may approve the application by resolution and may impose reasonable conditions as necessary to ensure public safety and welfare:

a.

Carnivals, fairs, and circuses.

b.

Promotional events for businesses and community facilities which anticipate having five hundred (500) or more attendees at any given time.

c.

Fireworks displays and shows.

d.

Other temporary uses or structures which in the opinion of the Development Services Department may require City Commission review.

e.

Block parties in residential areas with an anticipated attendance of five hundred (500) or more people.

f.

Political, religious, or social gatherings which anticipate having five hundred (500) or more attendees at any given time.

(C)

Maximum time limit: A maximum time limit shall be established for all TUPs based on the minimum amount of time needed to conduct the permitted activity.

1.

TUPs related to real estate development projects shall not be maintained longer than the time necessary to complete the construction of the project (issuance of the final certificate of occupancy).

2.

Seasonal sales shall be limited to forty-five (45) consecutive calendar days.

3.

Walkway or parking lot sales shall be limited to seven (7) consecutive calendar days.

4.

TUPs for all other events shall not be maintained longer than a total of twenty-one (21) consecutive calendar days, such that an event may utilize up to three (3) calendar days for set-up prior to the commencement of an event, up to fifteen (15) calendar days to hold the event, and up to three (3) calendar days after the close of an event for tear down and clean-up.

5.

As an exception to the above, the Development Services Department may grant an extension to a TUP of not more than seven (7) consecutive calendar days for unforeseen circumstances, such as natural disturbances, but not including economic hardships.

6.

All events approved by TUP shall close by 10:00 p.m., unless approved for a later time by the City Commission.

(D)

Revocation of permits: Any temporary use or structure which becomes a nuisance violates the conditions of the permit, endangers the public health or safety or is in violation of this Code shall be immediately subject to revocation by the City Manager.

(E)

Exemptions: A TUP will not be required for:

1.

Any use or structure that is part of a construction project by or for the City; however, a building permit shall be required.

2.

Any outdoor event organized, operated, and funded either by the City or CRA that is held upon any City or CRA owned land.

3.

All tax-exempt organizations that qualify under Section 501 of the Internal Revenue Code are exempt from payment of the fee, except for those with 501c4 tax exempt status.

4.

A temporary use permit shall not be required for a person or entity having a facilities rental agreement with the Department of Parks and Recreation for a specific purpose.

(F)

General criteria and limitations:

1.

The temporary use must be compatible with the surrounding land uses.

2.

Parking: A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the subject property owner who must demonstrate that the parking requirement of the temporary use does not cause the loss of legally required parking spaces for the site and provides ADA accessible parking.

3.

Amount of TUPs: Each property shall be limited to four (4) temporary use permits within a calendar year. An applicant may not conduct two (2) or more events consecutively at one (1) time. An applicant may not receive a TUP on the same property more than once per thirty-day time period.

4.

Applicants for a TUP requiring administrative approval per Section 40.630(B)(1) shall file an application with the Development Services Department at least thirty (30) calendar days prior to said event, together with an application fee. Any applicant applying for a TUP requiring City Commission approval per Section 40.630(B)(2) shall submit an application with the Development Services Department at least ninety (90) calendar days prior to such event. The applicant, at a minimum, must submit the following with the application:

a.

A notarized affidavit from the owner of the land where the event is to be held which grants permission for the event;

b.

A detailed description of the event, including dates, hours of operation, provision of water and/or electric service, access to restrooms, and the provision of security;

c.

A site plan providing detailed information about the site and the surrounding area(s) to be impacted, including a diagram of the event set-up, cooking areas, tents, vendors, seating areas, shows, parking areas, restroom facilities, garbage collection, and where any other activities are to take place;

d.

A hold harmless agreement indemnifying the City of any liability;

e.

Proof of insurance, including a certificate that names the City of Margate as additional insured; and

f.

Temporary Use Permit application fees shall be provided upon submission of a complete application as specified in the Fee Schedule adopted by Resolution of the City Commission of the City of Margate.

5.

Additional information related to and including, but not limited to, signage, parking, traffic circulation, building and fire prevention regulations, appropriate food vendor or catering licenses from the Florida Department of Business and Professional Regulations, where applicable, shall be provided to ensure that the Margate Code of Ordinances is implemented properly for temporary uses.