In all districts no garage or tent shall be erected or used for residential purposes concurrently with or subsequent to the construction of the main building.

(Ord. No. C-151, § 6(1), 3-4-74)

All plans and specifications for apartment houses, hotels, motels and restaurants shall be submitted to the state hotel and restaurant commission and approval obtained from the commission before being presented for building permit and to the Zoning Department for approval.

(Ord. No. C-151, § 6(2), 3-4-74)

(a)

Zoning. Billboards shall only be permitted in the following zones: M-1, M-2 and M-3, where such zones do not abut or face R-1 zones as set forth herein in section 62-88(d)(5) and section 62-89(b)(5), as amended.

(b)

Construction. Each billboard shall be constructed on a monopole and shall be constructed and designed pursuant to all requirements of the Code of Ordinances, and Florida Building Code.

(c)

Landscaping. The premises upon which the billboard shall be erected shall be landscaped with grass, shrubs or acceptable hardscape and the same shall be maintained at all times.

(d)

Billboard placement requirements. No billboard shall be erected in such a way so that the sign face overhangs any physical structure, building or road right-of-way, nor shall a billboard be constructed on the roof or wall of any structure or building. Billboards shall also meet the following requirements:

(1)

Spacing. The following spacing requirements, as summarized in the chart below, apply to billboards in the Town.

a.

Spacing between two digital billboards facing the same direction. There shall be a linear separation of at least 2,000 feet between all digital billboards in the Town facing the same direction of traffic.

b.

Spacing between all other billboards. There shall be a linear separation of 1,000 feet between all other billboards within 660 feet of the edge of right-of-way of and viewable from any highway, specifically including but not limited to Okeechobee Road/US 27/SR 25, the Palmetto Expressway/SR 826, N.W. 74th Street and N.W. 87th Avenue, whether or not they are located on the same named roadway. This separation is required between digital billboards and non-digital billboards.

c.

Minimum spacing for all billboards. In no event shall the distance between billboards of any type be less than 500 feet, regardless of the type of billboard, location, or direction of the sign face.

d.

Measurement of separation. The linear separation shall be measured from the center point of any proposed or existing billboard support, whether monopole or another type of billboard, regardless of the direction of the sign face.

Required Distances between Billboards

(2)

Setbacks.

a.

Setback from intersection. No billboard shall be located closer than 500 feet from the intersection of any road or highway, with any other road or highway.

b.

Setback from right-of-way.

1.

No part of any billboard shall be constructed closer than 15 feet and no further than 660 feet from the edge of the right-of-way along the road, street or highway adjacent to the property on which the billboard exists or is to be constructed, regardless of direction.

2.

This subsection shall not apply to property located between N.W. South River Drive and the canal, which shall only maintain minimum side and rear setbacks as provided below.

3.

This subsection shall not apply to existing billboards or billboards converted to digital billboards.

c.

Side and rear setbacks.

1.

Side and rear setbacks of the property on which any billboard is constructed shall be 20 feet and 30 feet respectively.

2.

This subsection shall not apply to property located between N.W. South River Drive and the canal, which shall maintain minimum side and rear setbacks of 15 feet from the property line.

d.

Measurement of setbacks. Billboard setbacks shall be measured from the property line to the nearest point of the billboard structure, regardless of direction.

(3)

Dimensions. The sign face of all billboards shall not exceed 14 feet in height and 48 feet in width, nor shall it exceed 672 square feet. Embellishments shall be permitted, provided that they shall not exceed 15 percent of the square footage of the sign face. In no event shall the height of the billboard exceed 64 feet when measured from the crown of the nearest existing street or road to the top edge of the billboard. In no event shall the bottom edge of the billboard, inclusive of any embellishments, be lower than 16 feet when measured from the crown of the nearest existing street or road.

(4)

Number of faces. Each billboard shall be limited to no more than two sides with one sign face per side. Two-sided boards shall be parallel or v-shaped, positioned at an angle so that both sides cannot simultaneously be read from any single location.

(e)

Permit applications and review. No billboard shall be erected, installed, repaired or replaced within the Town until a permit for such sign or work has been issued by the Town. Prior to the issuance of a sign permit for any billboard, the application for a sign permit shall be reviewed and approved by the Town.

(1)

Permit applications. Sign applications shall be on forms promulgated by the Town and shall include sufficient information to ensure complete review of the application. The application for a permit for a sign shall be accompanied by two copies of the following:

a.

Address and legal description of the property upon which the sign is to be placed;

b.

Name and address of the owner of the property upon which the sign is to be placed;

c.

Written permission of the owner of the property to erect or place the proposed sign;

d.

A drawing or sample of the proposed sign, to scale, showing the dimensions, letter size, colors, materials, structural support, and lighting, if any;

e.

If lighting is proposed, information regarding the type and intensity of the proposed illumination;

f.

A plan showing the proposed location on the ground or building and the mounting height of the proposed sign, along with a color photograph of the proposed location;

g.

The cost or value of the proposed sign;

h.

A current survey of the property on which the sign is to be placed;

i.

Landscape/hardscape plan of the property upon which the sign is to be placed; and

j.

Any other plans or information required by the Town for any related structural permit or electrical permit.

(2)

Permit application review. Upon submission of an application, the Town shall review and evaluate the application as follows:

a.

No application shall be accepted until it is deemed complete by the Town.

b.

The Town shall review all of the information submitted to determine conformity with this article and applicable sections of the Florida Building Code, including the location of the proposed sign.

c.

The submitted application will be reviewed within 20 business days and any corrections, revisions or deficiencies provided to the applicant within that 20-day period.

d.

Upon each re-submittal of corrected plans, the Town shall have ten business days to review the application and provide any corrections, revisions or deficiencies to the applicant. This process shall continue until the applicant has submitted a complete application or demands that the application be reviewed as is, without further revisions.

e.

If an applicant fails to provide additional information as requested by the Town within 60 days of the request or respond to the Town with a time when the information will be submitted, the application shall be deemed to be withdrawn by the applicant. The applicant shall be entitled to one 60-day extension upon request, providing the request for extension is granted prior to the expiration of the 60-day period.

f.

The Town shall approve or deny the sign permit within ten business days of receipt of the complete application or the applicant's demand for review as submitted, based on whether it complies with the requirements of this section. The Town shall prepare a written notice of the decision, either in the form of an approved sign permit or written notice of denial, describing the applicant's appeal rights, and provide such written notice to the applicant of its decision within the ten-day period.

(3)

No right to administrative appeal. Except when Town Council approval is specifically required pursuant to the Code, the decision of the Town on the issuance or denial of a sign permit shall be final. There shall be no right of appeal to the Town Council. The appellant may seek relief in the Circuit Court for Miami-Dade County, as provided by law.

(f)

Conversion of existing billboards and construction of new digital billboards.. New construction of a digital billboard or trivision billboard is only allowed as a new construction of a digital or trivision billboard, or as a conversion and replacement of a legally nonconforming billboard, in the same location or on an existing parcel. These digital billboards must comply with all of the requirements of this section and state law, including the following:

(1)

Maximum number. A maximum of 12 legally nonconforming or confirming billboard sign faces in the Town may be permanently converted to digital billboards or trivision billboards.

(2)

Agreement. Each existing or new digital billboard construction or conversion must be approved as part of any agreement between the sign owner and the Town, which requires the approval of the Town Council (the "Billboard Reconstruction Agreement" or "Billboard Construction Agreement"). Prior to issuance of a permit for construction of a digital or trivision billboard or conversion of an existing billboard to a digital billboard or trivision billboard, and as a precondition of any approval of such permit, the operator of the replacement sign shall submit an executed offer of a billboard construction or reconstruction agreement with the Town. In addition to standard and negotiated terms, each proposed billboard reconstruction agreement shall include and assure the following to the satisfaction of the Town Council:

a.

Locations. Identify the authorized locations of non-digital billboard signs which may be converted to digital billboards or trivision billboards;

b.

Procedure and number. Establish removal and replacement provisions including, at a minimum, the following:

1.

The maximum number of legally nonconforming billboard sign faces which may be converted to digital billboards or trivision billboards; and

2.

A description of required permits and approvals;

c.

Proposed contributions. Include any proposed voluntary financial contributions to mitigate permitting and enforcement costs, and for beautification and other offsets of the impacts of the billboards on Town aesthetics, and specify the terms for such contributions (up front or over time, in kind or cash, revenue sharing or flat amount, etc.);

d.

Proposed policy on messages. Propose requirements and procedures for the display of messages related to Town-sponsored and co-sponsored events. Establish terms and conditions through which government-sponsored public service announcements shall be displayed on digital billboards or trivision billboards in order to provide public information concerning natural disasters, traffic hazards, severe weather alerts, Amber Alerts, and other hazards and emergency situations. Include any proposed policy on the messages which the applicant will display upon the billboard;

e.

Indemnification and defense. In the event of any challenge to this section or any other regulation of signs in the Town, agree to indemnify, defend and hold harmless the Town (with counsel reasonably acceptable to the Town, at the applicant's sole cost and expense) and the Town's Council members, staff, representatives, officers, employees, agents, attorneys and independent contractors from and against any and all claims, actions, proceedings, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs of suit incurred in connection with such claims at all pre-trial, administrative, trial and appellate levels), arising out of, or resulting from, or in any way related to this agreement including, without limitation, any third-party challenge (legal or equitable) that the Town lacked authority to enter into this agreement or that the Town's approval thereof was in any way, manner or aspect invalid or improper. The Town shall also be entitled to appear, defend (with the Town's own counsel), or otherwise take part in such action or proceeding at the Town's sole cost and expense provided that any such action by the Town shall not limit or render void any obligation of any insurer with respect to the claim or matter in question. The applicant shall agree not to, without the Town's prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), settle any such action or proceeding or interfere with the Town's defense of such action or proceeding. If the applicant wrongfully fails to defend, hold harmless, or indemnify in accordance with these requirements, the applicant must agree to be liable for any and all of the Town's attorney fees, costs, expenses, damages and/or settlement of such matter, and the indemnification provisions shall survive the termination of any agreement.

f.

Waiver of right to sue. Agree to waive all rights to challenge this section or the Billboard Reconstruction Agreement on any basis whatsoever in any forum.

g.

Insurance. Provide evidence of adequate liability insurance, with the Town listed as an additional insured.

h.

Abandonment. Agree to timely removal of sign in the event of cessation of operation or abandonment for a period longer than 60 days.

(3)

Movement prohibited. Each digital billboard display shall be static. Depictions that give an appearance of movement (such as video, animation, text scrolling, fading, blinking, flashing, and racing) are prohibited.

(4)

Effects prohibited. Audio, pyrotechnics, and emissions of odors or vapors are prohibited.

(5)

Simulation of official sign prohibited. A digital billboard display shall not be configured to resemble a warning or danger signal, or simulate any lights or official signage used to control traffic.

(6)

Length of display. A minimum interval of six seconds of display period per message is required.

(7)

Transitions. A change of message must be accomplished within one second or less, simultaneously throughout the entire sign face. No scrolling, fading, flashing, varying of light intensity or other visual effects shall be permitted between messages.

(8)

Consecutive messages. Digital billboards may display messages from only one sponsor at a time. The display of consecutive messages by a single sponsor on a single digital billboard sign face, or on neighboring digital billboard sign faces, shall be prohibited.

(9)

Malfunctions. Each digital billboard shall have an automatic turn-off mechanism in case of malfunction.

(10)

Brightness. The digital billboard display shall not exceed a maximum brightness of 5,000 nits during daylight and 500 nits at night, as measured with a meter aimed directly at the sign face at a distance of 100 feet from the display. The sign face shall not display illumination that is of such intensity or brilliance to cause glare or otherwise impair the vision of a driver. No replacement sign shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal or device.

(11)

Violations. Any violation of this section or the agreement shall result in the Town requiring the digital billboard owner to turn the replacement sign off or show a fully black image, until the digital billboard is determined to be in compliance with this subsection by the Town.

(12)

Sunset. This subsection 62-38(f) Conversion of existing billboards, shall terminate and be of no further force and effect as of the 20th anniversary of the effective date of this section. Any billboard reconstruction agreements entered into between the Town and a sign owner pursuant to this subsection shall also terminate and be of no further force and effect as of the 20th anniversary of the effective date of this subsection. On such 20th anniversary, the sign owner, at its own expense and in its sole discretion, shall either: (i) convert any digital billboard or trivision billboard into a non-digital billboard sign, which shall be classified as a legally nonconforming billboard sign, or (ii) remove any digital billboard or trivision billboard, remove all debris from the properties upon which such signs are located, and dispose of same in accordance with applicable regulations. The replacement of a digital billboard or trivision billboard sign face with a static non-digital billboard sign face shall be deemed an acceptable improvement to or alteration of a nonconforming structure or use under the Code.

(Ord. No. C-151, § 6(3), 3-4-74; Ord. No. C-184, § 2, 12-4-78; Ord. No. C-338, §§ 2—20, 5-2-2011; Ord. No. C-342, §§ 2—20, 9-6-2011; Ord. No. C-380, § 4, 10-6-2014; Ord. No. C-460, § 2, 9-6-2022; Ord. No. C-469, § 2, 10-2-2023)

(a)

Zoning. Murals shall only be permitted in the following zones: M-1, M-3, and L-1, and only on walls that do not face R-1 zones as set forth in sections 62-88(e)(5) and 62-89(b)(3), as amended. A building identification sign in M-1, M-3, or L-1 zones that does not face R-1 and that is less than 150 square feet shall not be considered a mural and shall be permitted as of right unless otherwise prohibited in this Code.

(b)

Design/installation. Each mural shall be designed and installed pursuant to all requirements of the Town's Code, the Florida Building Code, and all other applicable local state or federal regulations.

(c)

Placement requirements. A mural shall be placed only on a wall. Murals shall also meet the following requirements:

(1)

Maximum wall coverage and size. A mural shall be allowed to cover up to 80 percent of a wall if the mural does not cover windows, or 50 percent of a wall if the mural covers windows, up to a maximum mural size of 10,000 square feet on any wall.

(2)

One mural per wall. Each wall of a building may have only one mural per wall. A consistent commercial message, image, or theme may continue across contiguous walls, however each face of the mural shall require a separate mural permit.

(3)

Mural commercial message size. The mural face shall be predominantly pictorial with text limited to no more than 25 percent of the mural size to be written copy.

(4)

Illumination. Murals may be illuminated only by indirect lighting and shall be permitted from 6:00 p.m. to midnight Standard Time and 7:00 p.m. to midnight Day Light Savings Time, and only in accordance with Miami-Dade County Code sections 33-96 "Illumination," as amended. Internal illumination, blinking lights, and flashing lights are prohibited.

(5)

Adult content. Adult content, as defined in this chapter, shall be prohibited on murals.

(6)

Public safety. Mural faces shall not have any moving or animated parts, or any other electronic movements, and shall not be illuminated in such a manner so as to cause glare or to impair the vision of motorists or otherwise distract motorists and interfere with their ability to safely operate their vehicles. Murals shall also comply with all applicable laws, rules and regulations of the federal, state and county governments; and in addition, any proposed amendments to this section shall be consistent with applicable federal, state and county laws and ordinances in effect at the time of such amendment. In the event the National Hurricane Center issues a hurricane warning to any portion of Miami-Dade County, the property owner shall remove any murals on its building within 24 hours of the issuance of a hurricane warning. In the event a mural is not so removed, the Town is empowered (but does not have the obligation) to remove the mural and assess to the property the actual costs of such removal, plus a penalty in an amount determined by the Town Mayor but not to exceed $5,000.00. Additionally, the Town may compel recovery of such costs and penalty in any manner allowed by law, including but not limited to, imposing a lien on the property. A property owner who fails to timely remove a mural when any portion of Miami-Dade County is under hurricane warning as provided in this section waives any defenses it may have under any code enforcement proceedings or court proceeding to recover the Town's costs of removal and penalty. All property owners seeking a permit for a mural shall acknowledge their waiver of all defenses in any such proceeding.

(7)

Unoccupied buildings. A mural shall not be permitted on an unoccupied building.

(d)

Mural permits, applications and review.

(1)

Murals permits required. Murals may not be erected, hung, placed, posted, painted, displayed, or maintained in the Town except as authorized by the Town through the issuance of a "mural permit" consistent with the requirements of this section.

(2)

Application requirements. To seek a mural permit, a property owner shall complete and submit a form application promulgated by the Town which shall include sufficient information to ensure complete review of the application. The application for a mural permit shall be accompanied by two copies of each of the following:

a.

The address and the folio number of the subject building and the specific wall on the building upon which the mural would be attached.

b.

A dimensioned elevation drawing of the wall where the mural is to be located showing the height and width of the wall, a calculation of the area of the wall, the height and width of the proposed mural, a calculation of the area of the proposed mural, a calculation of the percentage of the wall's area proposed to be covered by the mural, and compliance with commercial message restrictions imposed by this section. The dimensioned elevation drawing must be prepared and signed and sealed by a licensed professional engineer or architect.

c.

A copy of the portion of the Town's zoning atlas depicting the zoning of the property where the mural is to be located.

d.

A valid certificate of use for the establishment whose products, merchandise, service, activities, or entertainment are to be advertised.

e.

Acknowledgement of waiver by the property owner, in a form approved by the Town Attorney, to any defenses contesting cost and penalty recovery for Town action when a mural is not timely removed when any portion of Miami-Dade County is under hurricane warning, or when the property has been adjudged to be in violation of this section.

f.

An indemnification and hold harmless, in a form acceptable to the Town Attorney, executed by the applicant/property owner. At minimum, the indemnity and hold harmless shall require that the applicant/property owner acknowledges and agrees as follows:

1.

That the erection, operation, and maintenance of a mural is done at the applicant/property owner's sole risk;

2.

That, as a condition precedent to the issuance of any such mural permit, the applicant/property owner shall assume all civil or administrative liability for its acts, omissions or commissions, and from all claims, suits or actions of any kind whatsoever arising out of or resulting from the issuance of the mural permit, compliance with applicable laws or regulations, or the operations or activities of the applicant/property owner and shall, further, hold the Town, its officials and/or employees, harmless for, and defend the Town, its officials and/or employees against, any civil or administrative actions, statutory or similar claims, injuries or damages arising or resulting from the mural permit, even if it is alleged that the Town, its officials and/or employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the Town, its officials and/or employees;

3.

That claims, suits and actions covered by the indemnity and hold harmless shall include but not be limited to claims, suits and actions brought by any county, state, or federal government or any of their agencies.

4.

That, in the event that any mural is required to be removed as a result of any civil or administrative claim, suit, or action, the Town shall not be required to repay or return any fees paid by the applicant/property owner in connection with the removed mural(s);

5.

That the applicant/property owner is solely responsible for, and will take adequate safety precautions at all times during the term of the mural permit;

6.

That the indemnification and hold harmless shall survive the revocation or expiration of the mural permit; and

7.

That the applicant/property owner voluntarily and knowingly acknowledges that the granting of any such mural permit is sufficient, independent and valuable consideration for the giving of such indemnity, and hold harmless.

g.

Proof that the property where the mural permit is sought is in good standing with the Town for any pending code enforcement matters and has no outstanding fee(s), fine(s), civil or administrative violation(s), or lien(s) for any amounts owed to the Town, including, but not limited to, business tax receipt fees, certificate of use fees, code enforcement fines or liens, fire liens, unsafe structure fines or liens, or any other fee, fine, penalty, or lien due and owing to the Town.

h.

Proof satisfactory to the Town Mayor that the applicant has (and can maintain at all times) public liability insurance in the minimum amount of $1,000,000.00, and which names the Town as an insured certificate holder.

i.

Proof that the applicant/property owner has posted a bond or letter or credit in the minimum amount of $50,000.00 in a form reasonably acceptable to the Town Mayor. The Town shall be named as a beneficiary on the bond or letter of credit. The Town shall be authorized to collect on the bond or letter of credit in the event the applicant/property owner is found to be in non-compliance with any provision of this article and any fines assessed in respect of such non-compliance are not paid within 30 days of the assessment or if the Town is required to send personnel to ensure compliance with any provision of this article. The Town shall be authorized to collect against the bond or letter of credit all fees, fines, and penalties; together with expenses incurred by it with respect to such personnel, including, but not limited to, the costs associated with the investigation and determination of the violation. The required bond or letter of credit shall remain in full force and effect for the life of the mural permit, and the applicant/property owner's failure to maintain the bond or letter of credit in effect shall be grounds for immediate rescission of the mural permit.

j.

Payment of a non-refundable administrative fee equal to $2.00 per square foot of the mural which shall in no event be less than the minimum fee of $500.00 and no greater than the maximum fee of $2,000.00.

(3)

Permit application review. Upon submission of a complete application, the Town shall review and evaluate all of the information submitted to determine conformity with this section and applicable sections of the Florida Building Code, including the location of the proposed sign. The Town shall respond with a notice of any corrections, revisions or deficiencies noted on the application within 30 business days of application submittal. Upon each re-submittal of corrected plans, the Town shall have 15 business days to respond to the applicant regarding any corrections, revisions or deficiencies to the applicant. If an applicant fails to provide additional information as requested by the Town within 30 calendar days of the request, the application shall be deemed to be withdrawn by the applicant. Upon receipt of a fully compliant application, the Town Mayor, or designee, shall approve, approve with modifications or conditions, or deny the mural permit within 15 business days of receipt of the complete application based on the application's conformance with the requirements of this section. The Town shall prepare a written notice of the decision, either in the form of an approved mural permit or written notice of denial stating the reason for denial.

(e)

Administrative appeal. An applicant may appeal a denial to the Town Council, provided a written petition for appeal stating the grounds for the appeal is filed with the Town Mayor and Town Clerk within ten calendar days of the date of the written notice of denial. The petition for appeal shall be accompanied by a non-refundable appeal fee of $750.00. The Town Council shall review the application de novo and may approve, approve with conditions, or deny the application. The Town Council's decision shall be the final administrative decision of the Town. The appellant may seek relief from the decision of the Town Council in the Circuit Court for Miami-Dade County, as provided by law.

(f)

Copy changes. A permittee may change the copy of the mural by filing a copy change application so long as the maximum configuration of the mural is not being changed. Any change to the configuration of the mural shall require a new mural permit application.

(1)

Copy change applications. An application for a copy change shall be submitted on a form promulgated by the Town and shall include two of the following:

a.

A dimensioned elevation drawing of the wall where the mural is to be located showing the height and width of the wall, a calculation of the area of the wall, the height and width of the proposed mural, a calculation of the area of the proposed mural, a calculation of the percentage of the wall's area proposed to be covered by the mural, and compliance with commercial message restrictions imposed by this section. The dimensioned elevation drawing must be prepared and signed and sealed by a licensed professional engineer or architect.

b.

A computer simulation or drawing depicting the proposed copy and calculations demonstrating compliance with commercial message restrictions imposed by this section.

c.

An affidavit from the permittee affirming that:

1.

The change of copy will be limited to a single commercial message;

2.

Said commercial message will be an advertisement for principal or accessory products, merchandize, services, activities, or entertainment sold, produced, manufactured, or furnished on the premises of the establishment;

3.

The mural will be fastened in the same manner as the original mural permit; and

4.

The permittee will comply with all other conditions of the mural permit.

d.

A non-refundable copy change fee equal to $2.00 per square foot of the mural which shall in no event be less than the minimum fee of $500.00 and no greater than the maximum fee of $2,000.00.

(2)

Review of copy change applications. The Town Mayor or designee shall, within 15 business days after receipt of a complete copy change application, have the opportunity to deny with written notice. A copy change application that is not denied in the time provided shall be deemed an approval. A written denial shall be provided to the permittee indicating the reasons for the denial.

(g)

Permit fees.

(1)

Annual mural permit fee. A permittee shall pay an annual permit fee equal to $2.00 per square foot of the mural. The fee shall, in no event, be less than the minimum $500.00 or greater than the maximum $20,000.00. The initial mural permit fee shall be due in its entirety prior to the approval of the mural permit, shall not be pro-rated, and shall cover only the period from the date of the issuance of the mural permit through the immediately following September 30th. Subsequent annual permit fees shall be due on or before October 1 of each year. Late payments shall accrue interest at the rate of 18 percent for 45 days. If payment is not received by the 45th day, the Town shall immediately rescind the mural permit. The permit fee is in addition to any non-refundable fees charged pursuant to this article.

(2)

Annual administrative review. On October 1 of each year, permittees shall demonstrate the following to the Town Mayor's satisfaction:

a.

Up to date documentation of public liability insurance as required by section 62-38.1(d)(2)h of this Code;

b.

Continued effectiveness of a bond or letter of credit as required in subsection 62-38.1(d)(2)i; and

c.

Copy of valid certificate(s) of use for all establishments operating at the property subject to the mural permit.

(h)

Enforcement. Enforcement of this section shall be by chapter 2, article II, of the Town Code, or any other remedies as provided by law and as further stated herein.

(1)

Within 90 days of the adoption of this section, a property owner with a mural existing as of the adoption of this section and that is in compliance with the requirements of this section, may apply for an "after-the-fact" permit in accordance with section 62-38.1(d). Failure to obtain an after-the-fact permit for a mural existing as of the adoption of this section shall constitute a violation of this section.

(2)

In the event of a violation of the terms of this section, including the erection of a mural without a permit, a civil penalty may be assessed or enforcement proceedings may be instituted with the Town's code enforcement special masters. Each violation shall carry a civil penalty of $1,000.00 per day or such greater penalties as are permitted by the law. The Town may employ all penalties and remedies set forth in chapter 2, article II, "Code Compliance," and in addition may rescind any mural permits at the property found to be in violation. This provision is supplemental to all other remedies and penalties provided by law. Decisions of the code enforcement special master shall be final and may be appealed to a court of competent jurisdiction within the times and in the manner provided by the Florida Rules of Appellate Procedure, and the laws of the state and this Code. If a permittee fails to timely remove any mural on a property found to be in violation within 30 days of the decision being made final, the Town may enter onto the property and remove any mural on the property, and may assess costs of such removal on the permittee. The Town shall be authorized to collect against the bond or letter of credit all fees, fines and penalties, as well as all expenses incurred by the enforcement of this article.

(i)

Assignment; change of property owner. Mural permits shall be specific to the permittee and shall not be assignable in the event of a change in ownership of the property. Any change in ownership of the property where a Mural is located shall require submission of a new application pursuant to section 62-38.1(d). When the property where the mural is located is owned or operated by a corporate entity, a change of ownership shall include any transfer of 50 percent or more of ownership interest in the entity.

(Ord. No. C-389, § 4, 4-6-2015; Ord. No. C-392, § 2, 6-1-2015)

(a)

Setback requirements shall be 25 feet from street or avenue residence is facing, or shall be a line established by two or more buildings in same block, but no building shall be closer than 25 feet from front lot line, and 15 feet from other side of street or avenue or in line with existing buildings. All secondary buildings, such as garages or utility rooms, shall be set back from rear property lines seven feet six inches and minimum of five feet from side line or ten percent of lot size, whichever is greater, and shall be only one story in height.

(b)

No secondary building shall be closer to front or side of lot abutting street or other public way than the main building.

(Ord. No. C-151, § 6(4), 3-4-74)

No packaged prefabricated building shall be erected in the Town unless they meet Florida Building Code requirements.

(Ord. No. C-151, § 6(5), 3-4-74; Ord. No. C-407, § 2, 10-5-2015)

(a)

In all residential districts all roofs shall be pitched, except that where modernistic design is used a flat roof may be constructed of fire resistant material and covered with standard fire resistant roofing.

(b)

Wood shingled roofs are hereby prohibited.

(c)

In commercial and industrial districts only flat roofs will be permitted and they shall be of fire resistant material.

(Ord. No. C-151, § 6(6), 3-4-74)

(a)

A well-built frame temporary shed is permitted as part of a builder's or contractor's equipment, to be used as a storeroom, toolshed, job office and for similar purposes. Such shed, together with all construction materials, shall be located within the property lines of the building or structure under construction. At the completion of the building or structure, the shed shall immediately be dismantled or removed from building site.

(b)

No certificate of occupancy shall be issued for the premises until all temporary sheds and all loose building electrical and plumbing materials shall be removed from the premises.

(Ord. No. C-151, § 6(7), 3-4-74)

Drive-in restaurants, drive-in barbecue stands or like establishments shall provide an eight-inch curbing at least five feet from any and all sides of any building where it is possible for any vehicular traffic to park.

(Ord. No. C-151, § 6(8), 3-4-74)

(a)

No fence, other than an ornamental open fence, and no wall, structure or planting over 2½ feet in height, above the established top of the curb grade at any corner, shall be erected or maintained in any residential district within 20 feet of the intersection of the street lines or street lines produced.

(b)

An open fence shall provide at least 30 percent open spaces in the face of the fence.

(c)

No fence or wall in any district shall be erected along a lot line of an adjoining lot of a residential classification at a greater height than six feet.

(d)

Fences, hedges or shrubbery may be erected on or across utility easements providing that a gate or other means of egress and ingress shall be provided whereby persons lawfully using the easements shall be privileged to travel along such easements without delay. This provision shall in no way be construed as an attempt to cancel or terminate utility rights across any property which may now be held by any utility company of the Department of Water and Sewers or any other department of the Town, or any other government body.

(e)

No barbed wire fence shall be erected in any R-1, R-2 or R-3 zone.

(f)

It shall be unlawful for any person to erect, construct, use or maintain in the Town any fence which shall be electrically charged by electricity from any battery, power company, or from any source whatsoever, and commonly known as an electric fence, unless approved by special exception in accordance with section 62-15, et seq. and all of the following criteria:

(1)

Electrification.

a.

The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery shall be charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.

b.

The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

(2)

Perimeter fence or wall. No electric fence shall be installed or used unless it is completely surrounded by a non-electric fence or wall. Such non-electric fence or wall shall be no less than six feet and no greater than ten feet in height. Additionally, the distance between such perimeter fence or wall and the permitted electric fence shall be no less than three and no greater than 12 inches as measured from the interior face of the non-electric fence to the exterior face of the electric fence.

(3)

Location, uses.

a.

Electric fences shall be permitted only in M-1, M-2, and L-1 zoning districts, provided however, that electric fences shall be prohibited on properties abutting any residential, park, school, or other similar uses unless the Town Council determines either that the proposed placement of the electric fence will not present an undue hazard, or that conditions of the approval mitigate the hazards potentially created by placing an electric fence in proximity of such uses.

b.

Uses within electric fences shall be limited to:

1.

The storage of equipment;

2.

The storage of raw or new materials;

3.

The storage of vehicles;

4.

Such other uses deemed by the Town Council to be compatible with the proposed electric fence.

(4)

Height. Electric fences shall not exceed the lower of either (i) ten feet in height; or (ii) two feet above the height of the perimeter fence or wall.

(5)

Warning signs. Electric fences shall be clearly identified with warning signs posted at a height of at least five feet above grade and at intervals of no less than 20 feet. Each such sign shall read:

Danger - Electric Fence

Peligro - Cerca Eléctrica

Danje - Kloti elektrik

(6)

Emergency access.

a.

Electric fences shall be designed to allow emergency responders to power off the electric fence and obtain access to the fenced area without prior coordination or consent of the property owner or fence operator.

b.

As a condition of approval, the operator of the electric fence shall submit proof satisfactory to the Building Official or his designee that provisions have been made by the electric fence operator for access by emergency responders to power off the electric fence and obtain access to the fenced area in the case of an emergency.

(7)

Insurance. Proof, reasonably satisfactory to the Building Official or his designee, that the operator of the proposed electric fence and the owner of the property where the electric fence will be located have (and can maintain at all times) public liability insurance in the minimum amount of $1,000,000.00.

(8)

Indemnification. As a condition of approval of the special exception and prior to the issuance of a building permit for the proposed electric fence, the operator of the electric fence and the owner of the property where the electric fence will be located must each execute and deliver to the Town an indemnity and hold harmless agreement in a form acceptable to the Town Attorney. Said agreement shall require that the indemnitor assume all civil liability for the electric fence operator's acts, omissions or commissions, and from all claims, suits or actions of any kind whatsoever arising out of or resulting from the issuance of the special exception or building permit for the electric fence, compliance with applicable laws or regulations, or the operations or activities of the electric fence operator and/or the property owner. Said agreement shall further hold the Town, its officials and/or its employees (the "indemnitees") harmless for and defend the indemnitees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the approval of the special exception or a building permit for the construction of the electric fence, even if it is alleged that the indemnitees were negligent unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the indemnitees. Said agreement shall survive the revocation or expiration of the special exception.

(9)

Change of ownership or operator. As a condition of approval, any change in ownership of the electric fence, the property where the electric fence is located or the electric fence's operator shall require review and approval by the Building Official or his designee. The official or his designee shall confirm continued compliance with all of the above requirements. Where an electric fence or the property where the fence is located is owned or operated by a corporate entity, a change of ownership or operator shall include any transfer of 50 percent or more of ownership interest in the entity.

(10)

Previously installed or permitted electric fences. Within 180 days of the effective date of this section, all operators of previously installed or permitted electric fences and the owners of properties where such electric fences are located shall submit proof satisfactory to the Building Official or his designee that said operator and said property owner are and can remain in compliance with sections 62-44(f)(1)—(9) of the Town Code as created by this section. If the official or his designee determines such proof of compliance satisfactory, the electric fence operator and property owner may continue to operate the electric fence as a legal nonconforming use pursuant to section 62-61 of this Code. Failure to provide satisfactory proof of compliance with sections 62-44(f)(1)—(9) within 180 days of the effective date of this section shall constitute a violation of this chapter and the electric fence operator and property owner shall be required to immediately use of the electric fence.

(Ord. No. C-151, § 6(9), 3-4-74; Ord. No. C-391, § 2, 5-4-2015; Ord. No. C-444, § 2, 5-4-2020)

All future buildings shall be built according to grades established by the Town.

(Ord. No. C-151, § 6(10), 3-4-74)

No junkyard or yard for storage of junked, demolished or dismantled automobiles shall be established in the Town until a permit therefor shall first be had and obtained from the Town Council. Application for such permit shall be submitted to the Zoning Board together with a plan showing the manner in which it is proposed to screen such yard from public highways. The Zoning Board, after public hearing thereon, shall submit its recommendations to the Town Council. No such yard shall be located in any area zoned for business or residential purposes.

(Ord. No. C-151, § 6(11), 3-4-74)

A land survey, prepared by a registered engineer or land surveyor of the state, must be attached to each set of prints submitted to the Zoning Board for approval and the Building Department for building permit with any new construction and with any addition, which will increase the ground area occupied by building, in excess of $750.00. All such surveys show centerlines of streets and on corner lots centerline of both streets. When applying for construction of an addition, survey must show location of existing building and all general conditions at that time.

(Ord. No. C-151, § 6(12), 3-4-74)

Where vehicles are permitted to be parked on a parking lot as an accessory to an apartment building, no vehicle shall be parked with the rear or exhaust placed toward any window or opening of such apartments. A motor vehicle may only be parked near openings when it is headed toward such building.

(Ord. No. C-151, § 6(13), 3-4-74)

Plans and specifications of sufficient clarity to show that any proposed structure if erected will not be detrimental to the welfare of the district must be submitted before permit will be issued. Plans and specifications of all structures exceeding the sum of $5,000.00, as established by the Florida Building Code, shall be prepared by and bear the seal of an architect duly registered in the state or registered engineer duly registered in the state.

(Ord. No. C-151, § 6(14), 3-4-74; Ord. No. C-407, § 2, 10-5-2015)

No person shall remove or cause to be removed any land contained within the limits of the Town, which will lower the uniform grade of the land.

(Ord. No. C-151, § 6(15), 3-4-74)

(a)

No permit shall be issued for the construction of any development, building, or structure of any kind unless property dedications for rights-of-way are on record to assure proper ingress or egress to and from the property.

(b)

All applicants for permits for any developments, buildings or any structures require an assessment of rights-of-way needed to ensure adequate access to the property or development.

(c)

No permits may be issued until all needed rights-of-way are obtained and recorded. The Town shall be entitled to revoke any certificate of use and/or business tax receipts for any entity and withhold issuance of any future permits for any person, business, or entity that has failed to provide the required rights-of-way required under this section.

(Ord. No. C-151, § 6(16), 3-4-74; Ord. No. C-475, § 2, 2-5-2024)

(a)

No person shall stand or station himself on the sidewalks, streets or public highways in the Town for the purpose of selling or offering to sell, serving or offering to serve any goods, wares, merchandise, ice cream, peanuts, popcorn, sandwiches or soda water products when the person so selling or offering to sell any goods, is within 500 feet of any property used for school purpose.

(b)

All occupational licenses hereinafter issued shall be subject to the terms and conditions of this chapter.

(Ord. No. C-151, § 6(17), 3-4-74)

The side and rear setbacks for properties within the M-1 and M-3 zones shall each be a minimum of 25 feet for properties which are located adjacent to a property which is zoned R-1. For properties which are not located adjacent to a property which is zoned R-1, the side and rear setbacks shall each be a minimum of five feet. No portion of the building or any projections thereof, including steps, terraces, eaves, cantilevers, walls and any and all similar projections, shall protrude or extend on, over or into the setback area. For the purposes of this section, adjacent shall mean those properties abutting one another and not separated by any street or alley.

(Ord. No. C-151, § 6(18), 3-4-74; Ord. No. C-184, § 3, 12-4-78; Ord. No. C-368, § 4, 12-2-2013)

There shall be no signs visible from the outside of the premises permitted to be displayed showing any prices or rates for rooms, apartments or by any hotel, motel apartments, tourist homes, tourist courts or any similar establishments.

(Ord. No. C-151, § 6(19), 3-4-74)

No building not completed in substantial compliance with plans and specifications upon which a building permit was issued shall be permitted to be maintained on any land in the Town for more than six months after the commencement of erection of such new building, except upon special permit granted by the Planning and Zoning Board, and only for such period as it may prescribe.

(Ord. No. C-151, § 6(20), 3-4-74)

Every owner of real property shall provide for disposal of all surface water, and it shall be unlawful to drain water to adjacent property owned by other persons.

(Ord. No. C-151, § 6(21), 3-4-74)

No trailer shall be parked in any location other than trailer parks, trailer sales and repair lots, or in completely enclosed garages or on lots designated for same except office trailers or construction trailers.

(Ord. No. C-151, § 6(22), 3-4-74)

There shall be no distance requirements between gasoline service stations, but it is herein provided that there shall be at least 600 feet in distance according to the normal route of pedestrian travel from the main entrance of service stations to the main entrance of any church or public or private school.

(Ord. No. C-151, § 7, 3-4-74)

Upon the annexation of any properties into the Town, the property will remain under its present zoning classification the same as if it had been zoned by the Town, and the Town will honor and recognize such zoning and the use thereof and the same to be commensurate with the present zoning regulations of the Town.

(Ord. No. C-151, § 22, 3-4-74)

The following requirements or regulations qualify or supplement, as the case may be, the district regulations or requirements appearing elsewhere in this chapter:

(1)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum court more than 24 inches not into a minimum side yard more than 24 inches.

(2)

No part of any building, except cantilevers or signs, shall project over any public sidewalk, street or other public way. No cantilever shall project more than four feet over any public sidewalk. No signs shall project over the sidewalk except signs may be attached parallel to any building provided they do not extend out more than ten inches and all of such cantilevers or signs shall be at least ten feet above the sidewalk. No fin shall extend over any part of the sidewalk, unless the fin shall be at least ten feet above the sidewalk.

(Ord. No. C-151, § 23, 3-4-74)

(a)

The lawful use of a building existing at the time of the passage of this chapter may be continued, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period of not less than 90 days, every future use of such premises shall be in conformity with the provisions of this chapter.

(b)

The lawful use of land existing at the time of the passage of this chapter or subsequent amendments, although such use does not conform to the provisions of this chapter or subsequent amendment may be continued; provided, however, that no such nonconforming use shall be enlarged or increased except as provided in subsection (d) hereof, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter or a subsequent amendment which rendered the use unlawful. If such nonconforming use is discontinued for a continuous period of not less than 90 days, any future use of the land shall be in conformity with the provisions of this chapter.

(1)

Unless otherwise waived or extended as provided for below in this subsection (b), where land which is now used for a use excluded from the district in which such land is located and such use is not an accessory to the use of a main building located or the same lot or grounds such nonconforming use shall be discontinued and all material completely removed by its owner not later than three years form the date of the passage of this chapter or any subsequent amendment thereto which rendered such use nonconforming.

(2)

Upon application by a property owner whose use is now excluded from the district in which the land is located, the Town Council may grant a waiver of the obligation to discontinue the use as required by this subsection or grant the owner an extension of the three-year time period for discontinuance.

a.

In granting such a waiver or extension, the Town Council must find that the obligation to discontinue the use imposes an unreasonable burden on the property owner or that there is otherwise an overriding public purpose in granting such relief.

b.

In granting a waiver or extension, the Town Council may impose reasonable conditions in order to protect the health, safety and welfare of the public, including the users or occupants of the land and in order to insure the orderly ultimate transition of the property to a use permitted under the applicable zoning district regulations.

(c)

Nothing in this section shall be taken to prevent the restoration of a building destroyed to the extent of not more than 75 percent of its assessed value by fire, explosion or other casualty or act of God or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

(d)

Any nonconforming use which serves as a Public Facility may be enlarged or increased up to fifteen percent of the current building and/or land area of such use after formal approval by the Town Council via resolution according to the Municipal Code of Medley, Florida. Before approving such enlargement or increase the Town Council shall conduct at least two public hearings. The basis for calculation of such enlargement or increase shall exclude buildings and/or land areas not currently operating as a Public facility, though contiguous thereto.

(Ord. No. C-151, § 24, 3-4-74; Ord. No. C-306, § 4, 9-6-2005; Ord. No. C-375, § 2, 5-5-2014)

(a)

No swimming pool final inspection and approval shall be given by the Inspection Department unless there has been erected a safety barrier as hereinafter provided.

(b)

The safety barrier shall take the form of a screened-in patio, a wooden fence, a wire fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property.

(c)

The minimum height of the safety barrier shall be not less than four feet.

(d)

The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected; in either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area.

(e)

Gates shall be of the spring-lock type, so that they shall automatically be in a closed position at all times; and shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

(f)

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

(g)

In the wooden-type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected so as to make the fence nonclimbable and impenetrable.

(h)

Walls, whether of the rock or block type, shall be erected to make them nonclimbable.

(i)

Wire fences shall be the two-inch chain link or diamond weave nonclimbable type, or of an approved equal, with top rail. They shall be of a heavy galvanized material.

(j)

The owner of any swimming pool which shall have been completed prior to the adoption of this chapter shall erect the safety barriers herein required within six months of the adoption hereof.

(k)

It shall be within the discretion of the Planning and Zoning Director to refuse approval of any barrier which, in his opinion, does not furnish the safety requirements of this regulation, i.e., that it is high enough and so constructed to keep the children of preschool age from getting over or through it.

(l)

Any such pool or swimming pool more than 18 inches deep or more than 250 square feet of surface area must have the approved safety barrier before the pool, or swimming pool, or any pool shall be filled with water, and further providing that the then safety barrier would then and there be subject to a building permit for the erection of the safety barrier.

(Ord. No. C-151, § 25, 3-4-74)

(a)

Purpose: The regulations and requirements set forth herein are intended to accomplish the following purposes:

(1)

Provide for the appropriate location and development of communication towers and antennas within municipal limits;

(2)

Minimize adverse visual effects of communication towers and antennas through careful design, siting, landscape screening and innovative techniques of camouflage; and

(3)

Encourage co-location or shared use to reduce the number of communication towers needed within the municipal limits.

(b)

Definitions:

(1)

Antenna as used herein shall mean a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communication signals, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

(2)

Communication tower as used herein shall mean a monopole, tunipole (folded pole), self-supporting/lattice tower or guyed tower, constructed as a freestanding structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers, amateur radio support structures and satellite earth stations.

(3)

Monopole tower as used herein shall mean a freestanding communication tower consisting of a single pole or spire supported by a permanent foundation, construction without anchored guy wires.

(4)

Lattice tower as used herein shall mean a self-supporting communication tower, other than a monopole tower, that is constructed without guy wires and ground anchors.

(5)

Guyed tower as used herein shall mean a communication tower that is supported, in whole or in part by guy wires and ground anchors.

(6)

Whip antenna as used herein shall mean a cylindrical antenna that transmits signals in 360 degrees.

(7)

Microwave dish antenna as used herein shall mean a dish-like antenna used to link communication sites together by wireless transmission of voice or data.

(c)

Where permitted.

(1)

Antennas. Rooftop or building-mounted antennas may be permitted in the following land use classified areas not to exceed more than 15 feet above the highest point of the roof, including mechanical rooms.

a.

Industrial.

b.

Major institutions, excluding places of worship and fraternal organizations.

c.

Recreation/open space.

d.

Governmental use.

e.

High density residential, only on buildings which are at least six stories in height.

f.

Commercial, excluding OPS and B-1 zoning districts.

(2)

Communication towers. Communication towers may be permitted in the following land use classified areas:

a.

Industrial.

b.

Major institutions, excluding places of worship, fraternal organizations and schools.

c.

Recreation/open space owned by the Town; provided, however, that the Town shall authorize the use and development of the property after the applicant executes a lease agreement acceptable to the Town. The Town shall have no obligation whatsoever to execute such lease even if the applicant satisfies the criteria set forth herein.

d.

Commercial-recreation.

e.

Governmental use.

(d)

Antennas.

(1)

Minimum standards. All building-mounted or rooftop antennas shall be subject to the following minimum standards:

a.

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 a material or color which matches the exterior of the building or structure upon which it is situated.

b.

No commercial advertising or logo shall be allowed on an antenna or tower.

c.

No signals, light, or illumination shall be permitted on an antenna or tower, unless required by the Federal Communications Commission or the Federal Aviation Administration.

(2)

Dimensions.

a.

Whip (omni-directional) antennas and their supports must not exceed 15 feet in height and three inches in diameter and must be constructed of a material or color which matches the exterior of the building.

b.

Microwave dish antennas located below 65 feet above the ground may not exceed six feet in diameter. Microwave dish antennas located 65 feet and higher above the ground may not exceed eight feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from abutting public streets.

(3)

Limitations. No more than four dish antennas shall be installed on a monopole tower.

(e)

Communication towers.

(1)

Minimum standards. Communication towers shall be subject to the following minimum standards:

a.

Height. The height of a communication tower shall not exceed 150 feet. Tower height shall be measured from the crown of the road of the nearest public street.

b.

Type. All communication towers shall be designed and constructed with the capability of supporting a minimum of two co-location connections.

c.

Aircraft hazard. Communication towers or antennas shall be approved by the Federal Aviation Administration (FAA), Dade County Aviation Authority or other appropriate agency prior to issuance of a building permit by the Town.

d.

FCC emissions standards. All proposed communication towers shall comply with current radio frequency emissions standards of the Federal Communications Commission.

e.

Landscaping. All communication tower sites must comply with the landscaping requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended.

1.

Landscaping, consistent with the requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended, shall be installed around the entire perimeter of the fence or wall. Additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The Building Official, upon site plan review, may require landscaping in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside perimeter wall.

2.

Landscaping, consistent with the requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended, shall be installed around any accessory buildings or structures.

3.

A row of shade trees, at least eight feet in height, at a maximum distance of ten feet apart, shall be planted around the perimeter of the fence.

4.

A continuous hedge at least 30 inches in height at planting and capable of growing to a height of 36 inches within 18 months shall be planted on the outside of the perimeter fence and tree line.

5.

All landscaping shall be properly maintained to insure good health of the trees and hedges and viability.

f.

Warning signs for high voltage and trespassing.

1.

If high voltage is necessary for the operation of the communication tower or any accessory structures, "HIGH VOLTAGE-DANGER" warning signs shall be permanently attached to the fence or wall and spaced no more than 40 feet apart.

2.

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

3.

The height of the lettering of the warning signs shall be at least 12 inches in height. The warning signs shall be installed at least five feet above the finished grade. The color of the lettering shall be Red on a White background.

4.

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

g.

Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the communication tower, unless repairs to the tower are being made.

(2)

Minimum setbacks. The minimum setbacks shall conform to the zoning districts where the towers are situated. Notwithstanding the above, the minimum setback requirements for property zoned industrial shall be 25 feet for the rear yard and front yard and 15 feet for the side yards, as measured from base of the tower or from the guy wire anchor, whichever is the closest to the property line or right-of-way.

(3)

Minimum distance separations.

a.

All communication towers shall be located no closer than 300 percent of the height of the tower from residential areas or districts, as measured on a straight line from the two closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure.

b.

The minimum distance separation between an existing tower and a proposed tower shall be as follows:

(4)

Shared use of communication antennas. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, the Town may deny an application for a new single-use communication tower if an available co-location is feasible.

(f)

Unmanned communication buildings.

(1)

Minimum setbacks. Unmanned communication buildings shall comply with the setback requirements of the zoning district where such buildings are situated.

(2)

Size limitations. An unmanned communication building shall be a permanent structure not to exceed 500 square feet in floor area. More than one unmanned communication building may be permitted on a site; provided, however, that the total square footage of such buildings, added together, do not exceed 1,000 square feet. If the site contains more than one building, the required distance separation between the buildings may be excused by permission of the Medley Town Council.

(g)

Permits. Permits shall be required for the installation of communication towers by application submitted to the Building and Zoning Department.

(1)

Permit applications. A building permit fee application shall be fully completed and accompanied by the following:

a.

Current survey of the property.

b.

Description of the telecommunications services currently provided and that will be provided in the future by the applicant over its telecommunications facilities.

c.

Two copies of the engineering plans and specifications of the facilities in sufficient detail to identify:

1.

Location of the proposed facilities.

2.

Location of all overhead and underground public utility, telecommunication, cable, water, sewer, drainage and other facilities.

3.

Trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

d.

Written approval or a statement of no objection from federal and state agencies that may regulate telecommunication tower siting, design and construction.

e.

A site/landscaping plan showing the specific placement of the communication tower on the site indicating the location of existing structures, trees and other significant site features, type and location of landscaping used to screen the tower and the proposed color of the tower.

f.

Statement that applicant shall notify all other telecommunication providers of the permit application at the time application is accepted by the Building and Zoning Department.

(2)

Installation.

a.

The installation and modification of a communication tower and communication antenna shall be in accordance with the manufacturer's prescribed installation and safety procedures and shall meet the requirements of the Florida Building Code, as amended.

b.

Foundations for communication towers and appurtenances thereto shall be constructed and installed so as to withstand the forces due to wind pressure as provided in the Florida Building Code, as amended.

c.

All such installation(s) shall conform to the Florida Building Code, as amended, National Electrical Code, as amended, and F.C.C. regulations, as amended.

d.

Regardless of whether a permit is required for the installation of the communication tower, separate building permits for structural or electrical work, pouring concrete or other work may be required as provided in the Florida Building Code, as amended.

(3)

Inspection. The Building and Zoning Department shall require periodic inspections of communication towers to ensure structural and electrical integrity and compliance with the Florida Building Code, as amended, the Town of Medley Code, as amended, and other applicable codes and regulations. Communication towers shall be inspected once every five years by a Florida licensed engineer and the results submitted to the Building and Zoning Department. Based upon the results of the inspection, the Building Official may require repair or removal of a communication tower. The results of the inspection shall be in a written report, addressed to the Chief Building Official, Town of Medley Town Hall and shall be accompanied by a fee of $150.00 payable to the Town of Medley to cover the cost(s) to review and respond to the engineer's report.

(4)

Approval. Permits shall be reviewed by the Building and Zoning Department. The permit shall be approved by the Building Official in accordance with the regulations and restrictions contained herein or in any other code, regulation or ordinance of the Town of Medley.

(5)

Appeal.

a.

If a permit is denied by the Building Official for noncompliance with the zoning regulations provided herein or the Code of the Town of Medley, then the applicant may appeal the decision to the Medley Town Council which shall then consider the permit application at a public meeting to uphold or overrule the denial of the permit. The Town Council shall make the final decision, by resolution.

b.

If a permit is denied, or conditions imposed, then the Town Council shall consider the action taken upon review of the following factors:

1.

The technical and practical necessity for the installation of the communication tower.

2.

Alternative measures or modifications that could be made to preserve the character of the neighborhood and to prevent aesthetic blight if installation were permitted.

c.

If a permit is denied by the Building Official for other than noncompliance with zoning regulations, excluding Florida Building Code, then the applicant may appeal the decision directly to the City Council, which shall make the final decision, by resolution.

(h)

Municipal property.

(1)

If an applicant requests a permit to develop a site on Town-owned property, the permit granted hereunder shall not become effective until the applicant and the Town 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 Town will be granted.

(2)

Nonexclusive grant. No permit granted under this subsection (h) shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the Town for delivery of telecommunications services or any other purpose.

(3)

Rights granted. 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 grant. Further, no permit shall be construed as a conveyance of a title interest in the property.

(4)

Exemption. Government-owned property is exempt from the minimum distance separation and height requirements set forth herein.

(i)

Variances. Any deviation of the location, setback, type, number and height limitations shall require a zoning variance approved by the Medley Town Council.

(Ord. No. C-275, § 1, 4-7-97; Ord. No. C-407, § 2, 10-5-2015)

(a)

Purpose: The regulations and requirements set forth herein are intended to accomplish the following purposes:

(1)

Provide for compliance with F.S. § 337.401, as amended on July 1, 2017, relating to the use of public (municipality or county) right-of-way, and structures located within right-of-way, for broadband or wireless facility infrastructure.

(2)

To supplement the provisions of section 62-63 of the Town's Code so as to apply only to small wireless facilities, section 62-63 will continue to apply to all wireless communications towers and antennas not covered by this section of the Code.

(b)

Definitions:

Application means a request submitted by an applicant to the Town for a permit to collocate small wireless facilities.

Authority utility pole means a utility pole owned by the Town in the right-of-way. The term does not include a utility pole located in the right-of-way of the Lakeside Retirement Community.

Collocate or collocation means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or similar structure 15 feet in height or less unless the Town grants a waiver for such a pole.

Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

Small wireless facility means a wireless facility that meets the following qualifications:

(a)

Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and

(b)

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Wireless facility means equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable, or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:

(a)

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

(b)

Wireline backhaul facilities; or

(c)

Coaxial or fiber optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless support structure means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

(c)

Location; alternative location procedure. Small wireless facilities shall not be subject to the minimum separation distances set forth in section 62-63(e)(3)b of the Town Code, except as expressly permitted by law. Within 14 days after the date of filing a complete application for a small wireless facility, the Town may request that the proposed location of a small wireless facility may be moved to another location in the right-of-way and placed on an alternative Town utility pole or support structure or may place a new utility pole. The Town and the applicant may negotiate the alternative location, including any objective design standards, consistent with design standards set forth in section 62-63(f) of the Town Code, and reasonable spacing requirements for ground-based equipment, for 30 days after the date of request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the Town of such acceptance and the application shall be deemed granted for the new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the Town of such non-agreement and the Town shall grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, or a rejection of an alternative location, must be in writing and provided by electronic mail.

All proposed improvements at grade level such as the ancillary equipment elements shall be reviewed per the development review process located in chapter 32, article II of this Code.

(d)

Height. The height of a small wireless facility shall not exceed 10 feet above the utility pole or structure upon which the small wireless facility is to be collocated. The height for a new utility pole is limited to the tallest existing utility pole as of July 1, 2017, located in the same right-of-way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet, the height of the utility pole upon which the small wireless facility is to be collocated shall not exceed 50 feet and shall only be as high as reasonably necessary to achieve its intended purpose.

(e)

Collocation application process. Within 14 days after receiving an application for a permit to collocate a small wireless facility, the Town shall determine and notify the applicant by electronic mail as to whether the application is complete. If an application is deemed incomplete, the Town shall specifically identify the missing information. An application is deemed complete if the Town fails to provide notification to the applicant within 14 days. Pursuant to Section 337.401(7), Florida Statutes, as amended from time to time, a complete application to collocate a small wireless facility is deemed approved if the Town fails to approve or deny the application within 60 days after receipt of the application. If the Town does not use the 30-day negotiation period provided in subsection (b) above, the parties may mutually agree to extend the 60-day application review period. The Town shall grant or deny the application at the end of the extended period. A permit issued pursuant to an approved collocation application shall remain effective for one year unless extended by the Town.

(f)

Written approval or denial. The Town shall notify the applicant of approval or denial by electronic mail. The Town shall approve a complete application unless it does not meet the applicable codes. If the application is denied, the Town shall specify in writing the basis for denial, including the specific code provision(s) on which the denial was based, and send the documentation to the applicant by electronic mail on the day the Town denies the application. The applicant may cure the deficiencies identified by the Town and resubmit the application within 30 days after notice of the denial is sent to the applicant. The Town shall approve or deny the revised application within 30 days after receipt or the application is deemed approved. Any subsequent review shall be limited to the deficiencies cited in the denial.

(g)

Consolidated application process. An applicant seeking to collocate small wireless facilities within the Town may, at the applicant's discretion, file a consolidated application and receive a single permit for the collocation of up to 30 small wireless facilities. If the application includes multiple small wireless facilities, the Town may separately address small wireless facility collections for which incomplete information has been received or which are denied.

(h)

Basis for denial. The Town may deny a proposed collocation of a small wireless facility in the public rights-of-way if the proposed collocation:

(1)

Materially interferes with the safe operation of traffic and control equipment;

(2)

Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes:

(3)

Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;

(4)

Materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual; or

(5)

Fails to comply with applicable codes.

(i)

Collocation on Town utility poles.

(1)

The rate to collocate a small wireless facility on a Town utility pole shall be $150.00 per pole annually.

(2)

The Town may reserve space on Town utility poles for future public safety uses. If replacement of the Town utility pole is necessary to accommodate the collocation of the small wireless facility and the future public safety use, the pole replacement is subject to make-ready provisions and the replaced pole shall accommodate the future public safety use.

(3)

For a Town utility pole that supports an aerial facility used to provide communication services or electrical service, the Town and applicant shall comply with the process for make-ready work under 47 U.S.C. s. 224 and implementing regulations. The good faith estimate of the Town for any make-ready work necessary to enable the pole to support the requested collocation will include pole replacement, if necessary.

(4)

For a Town pole that does not support an aerial facility used to provide communications services or electric service, the authority shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days after written acceptance of the good faith estimate by the applicant. Alternatively, the Town may require the applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition.

(5)

The make-ready work specified in subsections (3) and (4) shall be subject to the Town's usual construction restoration standards for work in the right-of-way. The replaced or altered Town utility pole shall remain the property of the Town.

(j)

Design standards. The Town's design standards set forth below, and other applicable sections of the code may be waived by the Town Council upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense for a small wireless facility. The waiver shall be granted or denied within 45 days after the date of request.

(1)

Above-ground communications facilities, including wireless communications facilities and support structures, shall be designed in such a manner that the facilities and structures are compatible with the surrounding neighborhood and minimize any negative visual impact on the surrounding neighborhood.

(2)

Stealth design for above-ground communications facilities, and in particular, communications facility poles and wireless support structures, shall be utilized wherever possible in order to minimize the visual impact of communications facilities on, and preserve compatibility with, surrounding neighborhoods, and in order to eliminate the need to locate any ground or elevated equipment on the exterior of a communications facility or existing structure. Stealth design is not required with respect to wireline pole attachment installations made in the communication space of utility poles. To the extent reasonably practicable for the site, stealth design features shall include, but are not limited to, the following:

a.

Equipment wraps (the imagery in a wrap shall not contain any advertising).

b.

Other stealth design proposed by an applicant and approved by the Town based on unique circumstances applicable to the facility or the location or both.

All stealth designed communication facilities components, including associated hardware, shall be designed and constructed in accordance with the high velocity zone criteria specified in the Florida Building Code, Chapter 16 and considered as structures under the building risk category II. Design and wind load calculations shall be provided per ASCE 7-10 (170 MPH). Calculations should be accompanied by Miami-Dade County Notice of Acceptance (NOA)/Product Approvals.

(3)

No signage shall be placed or maintained on communications facilities in Town rights-of-way, unless otherwise required by federal or state law, provided; however, that existing structures that lawfully supported signage before being repurposed may continue to support signage as otherwise permitted by law or Town code, as may be amended from time to time.

(4)

Communications facilities not requiring FAA painting or marking shall have an exterior finish that enhances compatibility with adjacent uses, as approved by the Town right-of-way director.

(5)

A communications facility shall not have any type of lighted signal, lights, or illuminations unless required by applicable federal, State, or local rules, regulation, the FAA or law; provided, however, the Town may require the installation of an LED street light on a new communications facility pole or wireless support structure or an existing structure functioning as a light pole.

(k)

Permitting. An applicant for installation of a small wireless facility shall obtain a right-of-way permit from the Town for any work that involves excavation, closure of a sidewalk or multi-purpose trail or closure of a vehicular lane.

Pursuant to section 50-14 of the Town's Code, all applicable right-of-way permit fees shall apply to the installation of small wireless facilities.

(l)

Airport airspace. A structure granted a permit and installed pursuant to this section shall comply with chapter 333, Florida Statutes, and federal regulations pertaining to airport airspace protections.

(m)

No authorization to collocate on Town utility poles; no application to HOA restricted pole. This section does not authorize a person to collocate small wireless facilities or micro wireless facilities on a Town utility pole, unless otherwise permitted by applicable law, or erect a wireless support structure in a location subject to covenants, conditions, restrictions articles of incorporation, and bylaws of a homeowners' association.

(Ord. No. C-422, § 2, 10-2-2017)

Lots zoned R-1 or R-3 shall be permitted to park one recreational vehicle not to exceed 45 feet in length with the following requirements:

(1)

At all times the recreational vehicle shall be fully licensed, with all current license plates and registration, and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system (towable), is only attached to the site by quick disconnect type utilities and security devices, and has no permanently attached additions.

(2)

A recreational vehicle shall be parked on the lot for fewer than 180 consecutive days.

(3)

A recreational vehicle while parked on the lot shall not be occupied or used for dwelling, living, sleeping or storage.

(4)

A recreational vehicle while parked on the lot shall not be utilized for any business operations.

(5)

A recreational vehicle while parked on the lot shall not be connected to any utilities.

(6)

A recreational vehicle shall be parked on the lot perpendicular to the primary right-of-way.

(7)

The parking of a recreational vehicle on the lot shall adhere to the following setbacks:

a.

Front yard. Ten feet.

b.

Side yard. Not less than ten percent of the average of the lot, but in no case shall each such side yard be less than five feet in width. In the case of corner lots, the side yard parallel abutting the street shall be not less than ten feet. This section shall not apply to property located between N.W. South River Drive and the Miami Canal C-6.

c.

Rear yard. Seven and one-half feet. This section shall not apply to lots located between N.W. South River Drive and the Miami Canal C-6.

(8)

A recreational vehicle shall be accessory to a principal residential structure on the lot. If a recreational vehicle is proposed to be parked on a lot without a principal residential structure, a special exception may be requested pursuant to section 62-105, et seq. of this Code for review and approval by the Town Council.

(Ord. No. C-419, § 3, 5-1-2017)

(a)

Purpose. It is the intent of this section to regulate the use of food trucks and their gatherings throughout the Town. Food trucks authorized by the Town to operate on Town property or at events hosted by the Town shall be exempt from the provisions of sections 62-66(c) through (e), and (f)(2), (f)(3), (f)(8), and (g).

(b)

Definitions.

(1)

"Canteen truck," also known as a "lunch truck," or "lunchero," means a movable stand, cart vehicle, truck, van or trailer from which fruits, vegetables, hot dogs, pre-cooked foods, pre-packaged foods, and pre-packaged drinks are sold. Canteen trucks are distinct from food trucks, as defined herein, in that food trucks primarily serve food or beverages that have been prepared to order while canteen trucks primarily serve prepackaged food or beverages.

(2)

"Ice cream truck," is a type of canteen truck from which prepackaged ice cream and similar prepackaged cold or frozen products are sold.

(3)

"Food truck" means a movable stand, cart, vehicle, truck, van or trailer in which food and beverages are prepared, cooked and served. Each movable stand, cart, vehicle, truck, van, or trailer shall be considered a food truck for purposes of this section. Food trucks are distinct from and shall not include canteen trucks or ice cream trucks, as defined herein, in that food trucks primarily serve food or beverages that have been prepared to order while canteen trucks and ice cream trucks primarily serve prepackaged food or beverages.

(4)

"Food truck gathering" means a gathering of three or more food trucks.

(5)

"Food truck operator" or "operator" means each individual person or entity that owns or operates a food truck.

(c)

Local business tax receipt required.

(1)

Food truck operators must have an active Town-issued business tax receipt and must comply with all requirements therein.

(2)

As a condition of receiving a business tax receipt to operate a food truck in in the Town, food truck operators must identify location(s) where they intend to operate and provide proof of the property owner's consent to allow the food truck to operate at the location(s).

(d)

Permitted locations.

(1)

Food trucks are prohibited from conducting any sales while parked in public rights-of-way.

(2)

Food trucks are prohibited from conducting any sales within 200 feet of a residential use.

(3)

Food trucks may operate within the Town's M-1 and M-3 industrial districts.

(4)

The property at which a food truck is operating must have an active certificate of use.

(5)

Food trucks may not conduct sales within 150 feet of any restaurant during such restaurant's operating hours. This distance shall be measured by extending a straight line from the food truck to the restaurant's main entrance. The limitation in this subparagraph may be waived by the owner of such restaurant by written letter of no objection. Such a letter of no objection must be kept at the food truck and shall be presented to the Town upon request.

(e)

Food truck gatherings.

(1)

Food truck gatherings shall be prohibited except where each food truck at the gathering individually complies with all requirements of this section.

(f)

General requirements.

(1)

Additional Licensing. Food trucks shall be licensed in accordance with the rules and regulations of any local, state and federal agency having jurisdiction over the mobile food truck or products sold therein.

(2)

Overnight Parking Prohibited. Unless the location is owned or leased by the food truck operator, food trucks are prohibited from remaining overnight at the location where they conduct sales.

(3)

No Utility Connections. Food truck operators are prohibited from connecting to water, sewer, electric, or other utilities at the property where they operate.

(4)

Insurance. A food truck shall obtain, at a minimum, insurance as required by any local, state or federal laws and regulations.

(5)

Noise. Amplified music or other sounds from any mobile food truck shall comply with the noise regulations of this Code including, but not limited to, Section 41-27.

(6)

Waste collection. Food truck operators shall provide a waste receptacle for public use. The area shall be kept neat and orderly at all times and garbage or trash shall be removed prior to departure of the food truck each day.

(7)

Furniture. Upon the conclusion of food sales or operations, food truck operators shall remove all chairs, tables, umbrellas or similar furniture made available for their patrons. No such furniture may be kept at the sales location overnight.

(8)

Parking.

a.

Food trucks shall not require use of more than 25 percent of existing parking spaces on the site.

b.

The property at which a food truck is operating must have sufficient available on-site parking to accommodate food truck patrons' parking needs. Food truck patrons shall not park in unauthorized portions of the public rights-of-way.

(9)

Emergency Access. A mobile food truck shall not be placed in any location that impedes the ingress or egress of other businesses or building entrances or emergency exits.

(g)

Canteen and ice cream trucks. This section and the regulations contained herein as to food trucks shall not apply to canteen trucks and ice cream trucks, as defined herein, operating within the Town.

Ord. No. C-442, 3, 12-2-2019; Ord. No. C-484, § 2, 10-7-2024)